BCC Minutes 12/01/2009 R
December 1, 2009
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, December 1, 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
Torn 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
December 1,2009
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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December 1, 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 IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
B. October 27,2009 - BCC/Regular Meeting
3. SERVICE A WARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 25 Year Attendees
1) Irving Baez, Parks & Recreation
2) Dale Bergenback, Road Maintenance
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December 1, 2009
3) James Foster, Public Utilities
4) Janet Go, Solid Waste
5) Claire Oss, Library
B. 30 Year Attendees
1) John D'Amico, Facilities Management
C. Advisory Committee Service Awards
1) Kenneth R. Rech, Board of Building Adjustments and Appeals
2) Mimi Wolok, Land Acquisition Advisory Committee
3) Edward Olesky, Immokalee Master Plan and Visioning Committee
4) Clarence S. Tears, Immokalee Master Plan and Visioning Committee
5) Manual Gonzalez, Hispanic Affairs Advisory Board
4. PROCLAMATIONS
A. Proclamation designating December 7 - II, 2009 as Employee Learning
Week. To be accepted by Lorna Kibbey, President of Southwest Florida
American Society of Training and Development.
B. Proclamation congratulating Intech Printing and Direct Mail, Inc. as the
recipient of the Waste Reduction Awards Program (WRAP) for their
enhanced and innovative recycling program. To be accepted by Patricia and
David Walker.
C. Proclamation designating December 1,2009 as Project Innovation Day.
To be accepted by Tammie Nemecek, Economic Development Council
President.
5. PRESENTATIONS
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December 1, 2009
A. Energy Audit and Greenhouse Gas Inventory Report, presented by Cloe
Waterfield.
B. Recommendation to recognize Deborah Farris, Senior Property Acquisition
Specialist, Transportation Engineering & Construction Management
Department as Employee of the Month for November, 2009.
6. PUBLIC PETITIONS
A. Public petition request by Anthony Pires to discuss one-year extension of
enforcement abatement at 5510 Shirley Street.
B. Public Petition request by Lesley Marr, on behalf of North Naples Methodist
Church, to discuss additional four Temporary Use Permit days for 2009.
Item 7 and 8 to be heard no sooner than 1:00 l1.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. This item continued from the September 15, 2009 BCC Meeting:. This
item requires that all participants be sworn in and ex-parte disclosure
be provided bv Commission members. PUDZ-2008-AR-14091, LCS-
Westminster Naples LLC, represented by Robert Duane, AICP of Hole
Montes and Richard D. Y ovanovich, Esq., of Coleman, Y ovanovich and
Koester, is requesting a Rezone from the Orange Blossom Gardens Planned
Unit Development (PUD), the Oak Grove PUD, and the Agricultural (A)
zoning districts to the Commercial Planned Unit Development (CPUD) for a
764,478 square-foot continuing care retirement community (CCRC) to be
known as the Siena Lakes CCRC CPUD. The approximately 29.25-acre
subject property is located on the north side of Orange Blossom Drive,
approximately 1,000 feet east of Airport Road (CR-31) and west of
Livingston Road (CR-881) in Section I, Township 49 South, Range 25 East
of Collier County, Florida (Companion item to Item #8B PUDA-2008-AR-
14090 and Item #8C PUDA-2008-AR-14092). CTS
B. This item continued from the September 15, 2009 BCC Meeting:. This
item requires that all participants be sworn in and ex parte disclosure
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December 1, 2009
be provided by Commission members. PUDA-2008-AR-14090 LCS-
Westminster Naples LLC, represented by Robert Duane, AICP, of Hole
Montes, Inc. and Richard D. Yovanovich, Esq., ofGoodlette, Coleman,
Johnson, Yovanovich and Koester, is requesting an amendment to the Oak
Grove PUD (Ordinance No. 98-71) to delete approximately 6.13 acres. The
subject property is located in Section 1, Township 49 South, Range 25 East,
Collier County, Florida (This is a companion item to Item #8A PUDZ-2008-
AR-1409l and Item #8C PUDA-2008-AR-14092). CTS
C. This item continued from the September 15, 2009 BCC Meeting:. This
item requires that all participants be sworn in and ex parte disclosure
be provided by Commission members. PUDA-2008-AR-14092 LCS
Development LLC, represented by Robert Duane, AICP, of Hole Montes,
Inc. and Richard D. Yovanovich, Esq., ofGoodlette, Coleman, Johnson,
Y ovanovich and Koester, is requesting an amendment to the Orange
Blossom Gardens PUD (Ordinance No. 92-75) to delete approximately 5.85
acres. The subject property is located in Section 1, Township 49 South,
Range 25 East, Collier County, Florida (Companion item to Item #8A
PUDZ-2008-AR-1409l and Item #8B PUDA-2008-AR-14090). CTS
D. This item has been continued from the October 27, 2009 and the
November 10, 2009 BCC Meeting:. Recommendation to consider adoption
of an ordinance establishing the City Gate Community Development District
(CDD) pursuant to Section 190.005, Florida Statutes. (This is a companion
to Item #lOE.)
E. This item continued from the November 10,2009 BCC Meeting:. This
item requires that all participants be sworn in and ex parte disclosure
be provided by Commission members. Recommendation to consider
adoption of an ordinance amending the City Gate Commerce Park PUD
(Ordinance No. 88-93) to allow streets to be public. (This is a companion to
Item #IOE.)
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Consumer Advisory Board (CAB).
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B. Appointment of members to the Golden Gate Beautification Advisory
Committee.
C. Appointment of members to the Development Services Advisory
Committee.
D. Appointment of member to the Lely Golf Estates Beautification Advisory
Committee.
E. Appointment of member to the Parks and Recreation Advisory Board.
10. COUNTY MANAGER'S REPORT
A. Recommendation to authorize a review of the current Affordable Housing
Impact Fee Deferral Program and to direct staff on future actions. (Marcy
Krumbine, Housing and Human Services Director)
B. Recommendation to approve and authorize the Chairman to sign, thirty-six
(36) lien agreements with Habitat for Humanity of Collier County, Inc. for
deferral of 100% of Collier County impact fees for owner occupied
affordable housing dwelling units located in Collier County. (Fiscal impact
$531,498.23) (Marla Ramsey, Public Services Administrator)
C. Recommendation to adopt a resolution authorizing the condemnation of
those perpetual and temporary easement interests necessary for the
construction of stormwater improvements known as the Lely Main Canal
East-West phase ofthe Lely Area Stormwater Improvement Project
(LASIP). (Capital Improvement Element No. 291, Project No. 51101).
Estimatcd fiscal impact: $585,000. (Norman Feder, Transportation Services
Admini s trator)
D. Recommendation to adopt a resolution authorizing the condemnation of
those perpetual and temporary easement interests necessary for the
construction of stormwater improvements known as the
Royalwood/Whitaker Road phase of the Lely Area Stormwater
Improvement Project (LASIP). (Capital Improvement Element No. 291,
Project No. 511 0 I). Estimated fiscal impact: $380,000. (Norman Feder,
Transportation Services Administrator)
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December 1,2009
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E. Recommendation for the Board of County Commissioners (BCC) to approve
a Developers Contribution Agreement (DCA) between City Gate
Development, LLC, and CG II, LLC (Developer) and Collier County
(County) to define transportation commitments, enhance access and preserve
the future Wilson/Benfield transportation corridor. Due to the size of the
exhibits, they will not be printed, but can be viewed at the Community
Development Division. (This is a companion to Items #8D and #8E.)
(Norman Feder, Transportation Services Administrator)
F. Recommendation to consider the options to respond to a public petition
request by Ms. Lynn Smallwood-McMillin where she requests a waiver of
enforcement of the Land Development Code related to size and location of
an existing off-premise directional sign for the Smallwood Store,
Chokoloskee, Florida, and in doing so consider the option of designating the
existing sign as a historical sign or as a county approved historic marker.
(Joseph K. Schmitt, Administrator, CDES)
G. To obtain direction regarding the roles, responsibilities and reporting
relationships for the position of Executive Director of the Collier County
Airport Authority; approve the formal position description for recruitment
purposes and authorize the appointment of an interim director. (Winona
Stone, Assistant to the County Manager.)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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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December 1, 2009
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to direct the County Manager or his designee to
provide a refund in the amount of $1 ,052.28 for a portion of the
petition fee received for a recently withdrawn 2007-2008 Cycle
Growth Management Plan Amendment Petition.
2) Recommendation to waive fines and Release of Lien in the Code
Enforcement Action entitled Felipe and Isabel Ramirez, Case No.
CENA-2008-0008ll3 relating to property located at 3503 Westclox
Street, Immokalee, Florida.
3) Recommendation to approve the Release and Satisfaction of Lien for
payment in full received for the Code Enforcement Action entitled
Board of County Commissioners vs. Satrice Metelus, Special
Magistrate Case No. 2007030478, relating to property located at 3169
Areca A venue, Naples, Florida.
4) Recommendation to accept a Proposed Settlement providing for
waiver of fines and Release of Lien in the Code Enforcement Action
entitled Occeus Saintilien, Malveilleas Estervene & Jean Thermidor,
Case No. 2006-22, relating to property located at 513 Stokes Avenue,
lmmokalee, Florida.
5) Recommendation to approve the Release and Satisfaction of Lien for
payment of operational costs only for the Code Enforcement Action
entitled Board of County Commissioners vs. Chris Posada, CEB Case
No. 2004-016 relating to property located at 5238 Holland Street,
Naples, Florida.
6) Recommendation to approve a Release of an Order of the Code
Enforcement Special Magistrate against properties owned by Tarpon
Cove Community Association, Inc., in code enforcement case entitled
Board of County Commissioners vs. Tarpon Cove Community Assn.
Inc., Special Magistrate Case No. PU-4457.
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7) Recommendation to approve a Release of an Order of the Code
Enforcement Special Magistrate against properties owned by Phyllis
J. Plaster, Trustee, in code enforcement case entitled Board of County
Commissioners vs. Phyllis J. Plaster, Trustee, Special Magistrate Case
No. PU-3805.
8) Recommendation to accept a Proposed Settlement providing for
Compromise and Release of Lien in the Code Enforcement Action
entitled Kerry Hyppolite, Case No. 2007090300 relating to property
located at 2640 Santa Barbara Boulevard, Naples, Florida.
B. TRANSPORTATION SERVICES
1) Recommendation to approve Funding Agreement No. 4600001684,
Amendment No. 01 in the amount of$I,200,000.00 with the South
Florida Water Management District to provide assistance with the
construction of three (3) Lely Area Stormwater Improvement Projects
(LASIP): (I) Lely Main Canal East/West, (2) Lely Manor Canal
South, and (3) Lely Manor Canal North and extend construction time
schedule for the Gateway Triangle Stormwater Improvement Project.
2) Recommendation to award Bid #10-5367--Immokalee Road
Landscape Maintenance Phase 2 & 3 (1-75 to Collier) to Hannula
Landscaping & Irrigation Inc. with an annual estimated base service
of $64,597.08 (Fund Ill, Various Cost Centers).
3) Recommendation to award Bid #10-5357-- Vanderbilt Beach Road
Landscape Maintenance Phase 1 & 2 to Hannula Landscaping &
Irrigation Inc. with an annual estimated base service of $89,767.16
(Fund III , Various Cost Centers).
4) Recommendation to approve a Change Order and authorize the
County Manager, or his designee, to sign Change Order #2 for Kelly
Brothers, Inc. for the County Bridge Repair and Restoration Program,
Project #66066, Contract #08-5135 in the amount of $44,302.00 for
additional repairs needed to both the Chokoloskee and Oil Well Road
Bridges.
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5) Request for authorization to advertise and bring back an Ordinance
amending Collier County Ordinance 2001-43, as amended (The
Vanderbilt Beach Beautification Municipal Service Taxing Unit), to
incorporate provisions to facilitate the ongoing conversion of
overhead utility distribution facilities to underground service within
the MSTU boundaries.
C. PUBLIC UTILITIES
D. PUBLIC SERVICES
1) Recommendation to approve and authorize the Chairman to sign an
agreement with the Agency for Health Care Administration in the
amount of$2,22l,077 to participate in the Medicaid Low Income Pool
Program for services provided on behalf of the Housing and Human
Services Department in order to generate an additional $567,347 in
Federal matching funds.
2) Recommendation to approve and authorize the Chairman to sign
Amendment #3 between Collier County Board of County
Commissioners and the Area Agency on Aging of Southwest Florida,
Inc. and approve a budget amendment to reflect an increase of
$25,000 in the Older Americans Act Program.
3) Recommendation to approve budget amendments totaling $545,000 to
ensure continuous funding of the Older Americans Act Grant in the
Services for Seniors Program for FY 20 I 0 and authorize the continued
payment of grant expenditures.
4) Recommendation to accept additional funding from the 4-H
Foundation Clubs, Inc., in the amount of $13,694.00; recognize
$6,230 in private contributions; and authorize a budget amendment in
the amount of $19,924.00.
5) Recommendation to approve Amendment No.4 to the FDEP Cost
Share Contract No. 05COl for the construction and monitoring of the
City of Naples/Collier County Beach Renourishment Project
providing additional state funding in the amount of $85,231; and
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December 1, 2009
authorize the Chairman to execute the amendment.
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve First Amendment to Lease Agreement,
a/k!a the cattle lease, for the Pepper Ranch Preserve under the
Conservation Collier Land Acquisition Program.
2) Recommendation to approve a Letter of Agreement with Quest
Diagnostics, Inc. effective January 1,2010 to provide onsite biometric
and laboratory testing services in support of the Wellness Based
Incentive Program. (Fiscal Impact $142,450)
3) Recommendation to award RFP #09-5252 Indoor Air Quality, to Pure
Air Control Services, Inc., for Indoor Air Quality (IAQ) testing,
cleaning and remediation services at an estimated annual cost of
$100,000.
4) Report and ratify Property, Casualty, Workers Compensation and
Subrogation Claims settled and/or closed by the Risk Management
Director pursuant to Resolution No. 2004-15 for FY 09.
5) Recommendation to re-appropriate $50,370 previously approved in
Fiscal Year 2009 from the GAC Land Trust to the Big Corkscrew
Island Fire Control & Rescue District for the purchase of six mobile
data terminals.
6) Recommendation to re-appropriate $54,000 previously approved in
Fiscal Year 2009 from the GAC Land Trust to the Golden Gate Fire
Control & Rescue District for the purchase of sixteen mobile data
terminals.
F. COUNTY MANAGER
1) Recommendation that the Board of County Commissioners approve a
Florida Emergency Medical Services County Grant Application,
Grant Distribution Form and Resolution for the funding of Training
and Medical/Rescue Equipment and Supplies in the amount of
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December 1, 2009
$119,847.00 and to approve a Budget Amendment.
2) Recommendation to approve the placement of the remaining 5.11 acre
Bembridge property located on Santa Barbara Boulevard for sale at a
price at or near market value, but not less than $450,000.
3) Recommendation to approve the purchase of three WeatherBug
Stations to enhance the capabilities of first responders, recognize
WeatherBug as a sole source vendor, authorize the Chairman to sign
the agreement, and authorize the associated budget amendment.
(Fiscal Impact $61,470.)
4) Recommendation that the Board of County Commissioners approves a
Budget Amendment in the amount of $1 ,000,000 pursuant to
Ordinance 2009-58 increasing the adopted budget for tourism
promotion, advertising and marketing as appropriated within Fund
(184), as previously directed by the BCC.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation to designate, by Resolution, the entire geographical
territory of Collier County as a Recovery Zone, in accordance with the
American Recovery and Reinvestment Act of 2009, which allows for
the issuance of Recovery Zone Economic Development Bonds and
Recovery Zone Facility Bonds on or prior to December 31, 20 I 0; and
providing authority to the BCC to approve eligible projects to be
financed by such Bonds. (Fiscal Impact None)
2) Recommendation that the Collier County Community Redevelopment
Agency (CRA) award RFP #09-5333 to RW A, Inc., for the purpose of
updating the Bayshore Gateway Triangle CRA Overlays as they relate
to the Collier County Land Development Code and authorize the
Chairman to execute the County's standard agreement. (Fiscal Impact
S I 05,000)
3) Recommendation that the CRA enter a Brownfield Site Rehabilitation
Agreement with the Florida Department of Environmental Protection
to rehabilitate a brownfield site within a designated brownfield area;
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December 1, 2009
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approve the Chairman to sign all enabling documents; and authorize
the Bayshore Gateway Triangle Executive Director to comply with all
provisions of the agreement and apply for the Voluntary Cleanup Tax
Credit for remediation activities performed in calendar year 2009.
(CRA Fiscal Impact -- $250)
4) To approve and execute a Commercial Building Improvement Grant
Agreement(s) between the Collier County Community
Redevelopment Agency (CRA) and a Grant Applicant(s) within the
Bayshore Gateway Triangle Community Redevelopment area. (2669
Davis Boulevard / Fiscal Impact -- $1,500)
5) Recommendation that the County Attorney be authorized to file a
lawsuit to evict Southern Motor Sports, Inc. a Florida Corporation and
its principles, affiliate entities or persons, or any combination thereof,
from CRA owned premises identified in a Lease Agreement, dated
November 14, 2008, including but not limited to, eviction, the pursuit
of past due rent, damages, and costs due and owing to Collier County
CRA under the Lease Agreement and as otherwise provided by law.
(Fiscal Impact -- $325)
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation that the Collier County Board of Commissioners
approve and the Chairman execute an Interlocal Agreement for
Election Services for the City of Naples February 2,2010 Municipal
Election.
2) To obtain board acceptance of the Report ofInterest for the fiscal year
ending September 30, 2009.
3) To obtain board approval for disbursements for the period of October
31, 2009 through November 6, 2009 and for submission into the
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December 1, 2009
official records of the board.
4) To obtain board approval for disbursements for the period of
November 7, 2009 through November 13,2009 and for submission
into the official records of the board.
5) To obtain board approval for disbursements for the period of
November 14,2009 through November 20, 2009 and for submission
into the official records of the board.
K. COUNTY ATTORNEY
1) Recommendation to authorize the Office of the County Attorney to
initiate foreclosure proceedings pursuant to Section 162.09, Florida
Statutes, in relation to two (2) code enforcement liens, arising from
Code Enforcement Board Case Nos. CEB 2005-35 and 2005-39,
entitled Board of County Commissioners, Collier County, Florida vs.
Curtis D. and Brenda Blocker.
2) Authorize the making of an Offer of Judgment to Respondents,
Michael and Marie Thompson, for Parcel No. 125FEE in the amount
of $241 ,40 I in the lawsuit styled Collier County v. Pascal J. Murray,
et al., Case No. 07-4784 (Santa Barbara Boulevard Extension Project
No. 60091) (Fiscal Impact $34,101).
3) Recommendation to approve the filing of a foreclosure action with the
Circuit Court of the Twentieth Judicial Circuit to recover an
outstanding Code Enforcement Lien presently totaling $240,630.04,
regarding the James C. Marshall and Sherry Marshall property located
at 820 20th Avenue N.W., Naples, Florida (Folio #37590120007).
4) Recommendation to authorize the County Attorney to settle a lawsuit
tiled against the Collier County Board of County Commissioners by
Cornelia Surr and Thomas Surr in the Circuit Court for the Twentieth
Judicial Circuit, in and for Collier County, Florida for the sum of
$15,000.00 and authorize the Chairman to execute the Settlement
Agreement.
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December 1, 2009
5) Recommendation to authorize the County Attorney to settle a lawsuit
filed against the Board of County Commissioners by Brian Anderman,
an East Naples firefighter, in Collier County Circuit Court, for the
sum of $20,000.00 and authorize the Chairman to execute the
Settlement Agreement.
6) Recommendation to approve a Retention Agreement for legal services
on an as needed basis with the law firm of Grant Fridkin Pearson
Athan & Crown, P.A.
7) Recommendation to authorize a Stipulated Final Judgment in the
amount 01'$9,750 for Parcel I 52RDUE in the lawsuit styled Collier
County, Florida v. Patricia K. Carlyle, et ai, Case No. 07-2829-CA
(Oil Well Road Project 60044). (Fiscal Impact $14,468)
8) Recommendation to authorize a Stipulated Final Judgment in the
amount of$795,000 for Parcel 124FEE in the lawsuit styled Collier
County v. Pascal 1. Murray, et. at., Case No. 07-4784-CA (Santa
Barbara Boulevard Extension Project #60091 (Fiscal Impact
$180,700).
9) Recommendation to authorize the County Attorney to draft an
ordinance creating the Marco Island Museum Advisory Board to
report to the Board of County Commissioners and to specifically
review management and policy issues pertaining to the Marco Island
Museum.
10) Recommendation to authorize a Stipulated Final Judgment in the
amount of $108,000 for Parcels 153 and 853 in the lawsuit styled
Collier County v. Tech Foundation. Inc., et at., Case No. 03-2499-CA
(Golden Gate Parkway Project No. 60027) and to authorize a budget
amendment. (Fiscal Impact $73,037.40)
11) Recommendation to review and approve a policy relating to
proclamations awarded by the Board of County Commissioners.
12) Recommendation to authorize the County Attorney to reject a
settlement offer tendered by the plaintiff in the lawsuit captioned
Mark Holmes v. Collier County Board of Commissioners pending in
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December 1, 2009
the United States District Court for the Middle District of Florida, Ft.
Myers.
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 lTEM 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 lTEM. FOR THOSE ITEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. Recommendation to approve an amendment to Ordinance No. 82-3, to
remove the present prohibition on possession, sale, importation, or release
(into COLlnty waters) of Tilapia, pursuant to the Boards October 27,2009
direction.
B. Recommendation to adopt and authorize the Chairman to sign an ordinance
establishing policies, procedures and a standard form to be used by the
Board of County Commissioners when selling and conveying real property
acquired under the Neighborhood Stabilization Program.
C. Recommendation to adopt 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.
18. ADJOURN
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December 1, 2009
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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December 1, 2009
December 1, 2009
CHAIRMAN FIALA: Good morning, everyone. Thank you all
for being here today. We're so happy that you would join us for our
meeting on December 1 st. We're getting close to Christmas. And so
with that, 1 would ask you to please rise for the prayer and then the
Pledge of Allegiance, and Commissioner Coyle will lead us in the
pledge.
Prayer?
MR. OCHS: Yes, ma'am. 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.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN FIALA: Well, this morning, County Manager, do
we have any changes to the agenda?
Item #2A
TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA
AS AMENDED - APPROVED AND/OR ADOPTED W/CHANGES
MR.OCHS: Yes, ma'am. Good morning, Madam Chair,
members of the board.
Changes for Board of the County Commission meeting
December 1, 2009. First change is Item 3A. All attendees in this
category are receiving their 20-year award rather than 25 as listed on
the agenda index.
Item 3B, this attendee is receiving his 25-year service award
Page 2
December 1, 2009
rather than 30-year service award as listed.
Next item is to continue Item 16AI to the December 15,2009,
BCC meeting, and that request is at staffs initiative.
Next item is 16B 1. Under considerations in the executive
summary, the following sentence is to be added to the end of the first
paragraph. Reads as follows: Although the original agreement totals
$1,500,000, this executive summary addresses the addition of
$1,200,000 for the Lely Area Stormwater Improvement Project, as the
300,000 for the Freedom Park has been previously addressed; and that
item came to us through Commissioner Fiala.
Next item is to continue Item 16 E1 to the January 12, 2010, BCC
meeting, and that is at staffs request.
Next item is to move Item 16G 1 to 14A, and that is a
recommendation to designate certain areas of the county as economic
development zones and economic recovery zones for the purpose of
potentially issuing facility bonds as a part of the American Recovery
and Reinvestment Act of 2009. That move was made at Commissioner
Fiala's request.
Item 1605, the first paragraph in considerations should read:
Lease agreement for property located at 1991 Tamiami Trail East
rather than 1936 David Boulevard; and that correction is at staffs
request.
Next item is to move Item 16K I to 12A, and that is a
recommendation to authorize the Office of the County Attorney to
initiate foreclosure proceedings in relation to two code enforcement
liens. That move is at Commissioner Henning's request.
Next item is to move Item 16K3 to 12B. It's a recommendation
to approve the filing of a foreclosure action with the Circuit Court of
the 20th Judicial Circuit to recover an outstanding code enforcement
lien.
Item 16K8, the first ordered and adjudged paragraph on Page 5 of
9 of the stipulated final judgment. The word thousand was omitted
Page 3
December 1, 2009
and should read, 795,000 and no dollars; and that's for parcel number
124FEE, and that correction is made at staffs request.
And Madam Chair, we have a couple of time-certain items today.
The first is companion items. They are items 80, 8E, and 10E all
having to do with the City Gate Commerce Park, and those items will
be heard at three p.m.
And then lOA will be heard at 11 a.m. That's a recommendation
to authorize the review of the current Affordable Housing Impact Fee
Deferral Program, and the companion item will be heard immediately
following lOA, and that's lOB, and both ofthose items are at
Commissioner Coletta's request.
Those are all the changes I have, Madam Chair.
CHAIRMAN FIALA: Thank you.
County Attorney?
MR. KLATZKOW: No changes.
CHAIRMAN FIALA: Okay. Thank you very much. And let's
start with Commissioner Henning. And do you have any additions,
corrections, or ex parte to declare on the summary or consent agenda?
COMMISSIONER HENNING: Madam Chair, I have no further
ex parte communications --I'm sorry, changes to today's agenda, and
yes, I -- on -- I have no ex parte communications on today's consent or
summary.
CHAIRMAN FIALA: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yes, good morning.
CHAIRMAN FIALA: Good morning.
COMMISSIONER COLETTA: I have no changes to the agenda,
and I have nothing to declare on either the summary or the consent
agenda.
CHAIRMAN FIALA: Thank you.
Commissioner Halas?
COMMISSIONER HALAS: Yes. Good morning, Chair.
I have no changes to -- anything to pull from today's agenda, nor
Page 4
December 1, 2009
do I have anything on the consent agenda or the summary agenda.
Thank you very much.
CHAIRMAN FIALA: Okay.
And Commissioner Coyle?
COMMISSIONER COYLE: I have no further changes to the
agenda, nor do I have any ex parte disclosures for the consent or the
summary agenda.
CHAIRMAN FIALA: Okay. I just have one question still, and it
doesn't seem to be coming out properly. That was on 16G5, and this
was this letter from the Bayshore, you know, that I talked to you about
yesterday. And I got it through, and it still ends improperly.
And so possibly -- and I know that the Bayshore people sent it to
us, so somehow it just didn't come out right.
So I think at this point in time we need to try and get that
corrected just so that our agenda reads correctly. Maybe we can do
that this afternoon.
MR.OCHS: Yes, ma'am.
CHAIRMAN FIALA: But we tried to get it anyway.
MR.OCHS: Yes, ma'am. We'll take care of that this morning.
CHAIRMAN FIALA: Okay. I have no further changes or
additions to the agenda. And as far as the consent and the summary,
no disclosures on anything.
COMMISSIONER HENNING: Madam Chair, I make a motion
to approve today's agenda as amended.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: Okay. Motion and a second.
All those in favor, signity by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
Page 5
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
Page 6
December 1, 2009
Agenda Changes
Board of County Commissioners Meeting
December 1, 2009
Item 3A: All attendees in this category are receiving their 20 year award (rather than 25). (Staffs request.)
Item 3B: This attendee is receiving his 25 year award (rather than 30). (Staffs request.)
Continue Item 16A1 to the December 15. 2009 BCC meeting: Recommendation to direct the County Manager or his designee
to provide a refund in the amount of $1,052.28 for a portion of the petition fee received for a recently withdrawn 2007-2008
Cycle Growth Management Plan Amendment petition. (Staffs request.)
Item 16B1: Under Considerations in the Executive Summary, the following sentence is to be added to the end of the first
paragraph. '~though the original agreement totals $1,500.000, this executive summary addresses the addition of $1,200,000
for LASIP (Project No. 51101), as the $300,000 for the Freedom Park has been previously addressed:'(Commissioner Fiala's
request.)
Continue Item 16E1 to the Januarv 12. 2010 BCC meeting: Recommendation to approve First Amendment to lease
Agreement, aka the cattle lease, for the Pepper Ranch Preserve under the Conservation Collier land Acquisition Program.
(Staffs request.)
Move 16G1 to 14A: Recommendation to designate, by Resolution, the entire geographical territory of Collier County as a
Recovery Zone, in accordance with the American Recovery and Reinvestment Act of 2009, which allows for the issuance of
Recovery Zone Economic Development Bonds and Recovery Zone Facility Bonds on or prior to December 31, 2010; and
providing authority to the BCC to approve eligible projects to be financed by such bonds. (Commissioner Fiala's request.)
Item 16G5: The first paragraph in Considerations should read: ".. . lease Agreement for property located at 1991 Tamiami
Trail East. . :'(rather than 1936 David Boulevard). (Staffs request.)
Move Item 16K1 to 12A: Recommendation to authorize the Office of the County Attorney to initiate foreclosure proceedings
pursuant to Section 162.09, Florida Statutes, in relation to two (2) code enforcement liens, arising from Code Enforcement
Board Case Nos. CEB 2005-35 and 2005-39, entitled Board of County Commissioners, Collier County, Florida vs. Curtis D. and
Brenda Blocker. (Commissioner Henning's request.)
Move Item 16K3 to 12B: Recommendation to approve the filing of a foreclosure action with the Circuit Court of the
Twentieth Judicial Circuit to recover an outstanding Code Enforcement lien presently totaling $240,630.04, regarding the
James C. Marshall and Sherry Marshall property located at 820 20th Avenue N.W., Naples, Florida, Folio #37590120007.
(Commissioner Henning's request.)
Item #16K8: The first"ORDERED AND ADJUDGElJ'paragraph on page 5 of 9 of the Stipulated Final judgment, the word
'thousand'was omitted and should read: ". . . Seven Hundred Ninety Five'7housand" and nO/100 dollars ($795,000) Parcel No.
124FEE . . . :' (Staffs request.)
Time Certain Items:
Comoanion Items 8D. 8E and WE to be heard at 3:00 o.m. These items all relate to the City Gate Commerce Park
Development. (Petitione(s request.)
Item lOA to be heard at 11:00 a.m. Recommendation to authorize a review of the current Affordable Housing Impact Fee
Deferral Program and to direct staff on future actions. (This is a companion to Item lOB.) (Commissioner Coletta's request.)
Item lOB to be heard immediatelv following lOA: Recommendation to approve and authorize the Chairman to sign thirty-six
lien agreements with Habitat for Humanity of Collier, Inc. for deferral of 100% of Collier County impact fees for owner
occupied affordable housing dwelling units located in Collier County. (Commissioner Coletta's request.)
12/1/20098:39 AM
.. '-'."<"-"~"~'-"--~--~'_.'~"~_._-~-_.~_."-"~",-"""
December 1, 2009
Item #2B
MINUTES FROM THE OCTOBER 27,2009 - BCC/REGULAR
MEETING - APPROVED AS PRESENTED
COMMISSIONER HENNING: Madam Chair, I make a motion
that we approve the October 27,2009, regular BCC meeting.
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: And a second.
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.)
MS. FILSON: Who made the second?
CHAIRMAN FIALA: The second was Commissioner Coletta.
COMMISSIONER COYLE: Coletta.
Item #3A
EMPLOYEE SERVICE AWARDS: 20 YEAR ATTENDEES-
RECOGNIZED
MR. OCHS: Madam Chair, that takes you to your service
awards. You going to come down front?
CHAIRMAN FIALA: Y es. We are going to come down here,
wherever they are.
MR. OCHS: Commissioners, we're pleased to have five 20-year
service award recipients here today. First one is Irving Baez from
Page 7
December 1, 2009
parks and recreations.
(Applause.)
MR. OCHS: Our next 20-year recipient is Dale Bergenback
from road maintenance.
(Applause.)
COMMISSIONER COLETTA: Hey, thank you for your service.
MR. BERGENBACK: Thank you.
(Applause.)
MR. OCHS: Our next 20-year service award recipient is Jim
Foster from public utilities.
(Applause.)
COMMISSIONER COYLE: Jim, congratulations.
COMMISSIONER HALAS: Congratulations.
CHAIRMAN FIALA: Jim, thank you for your service.
(Applause.)
MR. OCHS: Commissioners, our next 20-year awardee is Janet
Go from your solid waste department.
(Applause.)
MR.OCHS: Our final20-year service awardee is Claire Oss
from the library department.
(Applause.)
MR.OCHS: Congratulations.
Item #3B
EMPLOYEE SERVICE A WARDS: 25 YEAR ATTENDEES -
RECOGNIZED
MR.OCHS: Commissioners, that takes us to our 25-year
service award recipients. We're amazed that we could get this guy off
the cruise ship long enough to come here and join us today, but we're
sure glad that he did, and that's John D'Amico from facilities
Page 8
December 1, 2009
management.
(Applause.)
COMMISSIONER HALAS: What an introduction.
MR. D'AMICO: Yes. I appreciate that. That's why I like the
county.
(Applause.)
Item #3C
ADVISORY COMMITTEE SERVICE A WARDS - RECOGNIZED
MR. OCHS: Madam Chair, that takes you to Item 3C, your
advisory committee service award. I'm going to ask everyone to leave
quietly please. Keep it down, please. Thank you.
Your first advisory committee service award this morning is
Kenneth Rech, Board of Building Adjustments and Appeals.
(Applause.)
MR. OCHS: Commissioners, your next advisory committee
service awardee called in this morning and is ill, but that is Mimi
Wolok from your Land Acquisition Advisory Committee. Correct,
Mimi's not here.
Next awardee is Edward Olesky from the Immokalee Master
Plan and Visioning Committee. I didn't see him in the audience today.
Next awardee is Clarence Tears from your Immokalee Master
Plan and Visioning Committee. Clarence?
(Applause.)
CHAIRMAN FIALA: You do so many good things.
COMMISSIONER COLETTA: Who would ever think you'd
you get five years on a master plan.
COMMISSIONER HALAS: Thank you for all your hard work.
COMMISSIONER COYLE: Thank you.
MR. OCHS: Did you get a picture? Always need a picture.
Page 9
December 1, 2009
(Applause.)
MR. OCHS: Your final advisory committee service awardee this
morning is Manual Gonzalez from your Hispanic Affairs Advisory
Board.
(Applause.)
COMMISSIONER HALAS: Thank you for your dedicated
work.
COMMISSIONER COYLE: Good to see you again.
CHAIRMAN FIALA: Thank you for your service.
MR. GONZALEZ: Where's the check?
CHAIRMAN FIALA: I'm sure I've got it here someplace.
COMMISSIONER COLETTA: Never hurts to ask.
(Applause.)
MR. OCHS: That concludes our service awards this morning.
Item #4A
PROCLAMATION DESIGNATING DECEMBER 7 - 11, 2009 AS
EMPLOYEE LEARNING WEEK. ACCEPTED BY LORNA
KIBBEY, PRESIDENT OF SOUTHWEST FLORIDA AMERICAN
SOCIETY OF TRAINING AND DEVELOPMENT - ADOPTED
MR OCHS: Madam Chair, that takes you to Item 4 on your
agenda, proclamations. 4A is a proclamation designating December 7
through 11,2009, as Employee Learning Week, to be accepted by
Lorna Kibbey, president of Southwest Florida American Society of
Training and Development.
CHAIRMAN FIALA: Good morning.
(Applause.)
Item #4 B
Page 10
December 1, 2009
PROCLAMATION CONGRATULATING INTECH PRINTING
AND DIRECT MAIL, INC. AS THE RECIPIENT OF THE WASTE
REDUCTION A WARDS PROGRAM (WRAP) FOR THEIR
ENHANCED AND INNOVATIVE RECYCLING PROGRAM.
ACCEPTED BY PATRICIA AND DA VID WALKER - ADOPTED
MR. OCHS: Commissioners, your next proclamation is 48. It's
a proclamation congratulating Intech Printing and Direct Mail, Inc., as
the recipient of the Waste Reduction Awards Program, WRAP, for
their enhanced and innovative recycling program, to be accepted by
Patricia and David Walker.
(Applause.)
CHAIRMAN FIALA: Now I get to see you twice in just a
matter of a couple weeks. We have two things for you.
COMMISSIONER COLETTA: Thank you very much.
COMMISSIONER HALAS: Thank you for your hard work.
(Applause.)
Item #4C
PROCLAMATION DESIGNATING DECEMBER 1,2009 AS
PROJECT INNOVATION DAY. ACCEPTED BY TAMMIE
NEMECEK, ECONOMIC DEVELOPMENT COUNCIL
PRESIDENT - ADOPTED
MR. OCHS: Commissioners, your final proclamation this
morning is 4C. It's a proclamation designating December 1, 2009, as
Project Innovation Day, to be accepted by Tammie Nemecek,
Economic Development Council president.
(Applause.)
CHAIRMAN FIALA: I hate to interrupt anything. Patty, we had
another thing here -- oh, this isn't for you. This is for waste reduction.
Page 11
December I, 2009
Is that you, Patti?
MS. WALKER: Yes.
CHAIRMAN FIALA: We had lots of things for you. I'm sorry, I
didn't see everything. Excuse me. Let me give you this too. Isn't that
a beautiful thing.
I'm sorry to hold everybody else up. We just found that. Thank
you.
MS. WALKER: Thank you.
CHAIRMAN FIALA: Thank you.
I could have just given it to you for all your hard work.
Are you the recipient? Good morning. Boy, this is kind of fun.
MS. NEMECEK: Brad, come on.
CHAIRMAN FIALA: That's it. Stand in back.
(Applause.)
COMMISSIONER HALAS: Madam Chair, I make a motion that
we approve today's proclamations.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: Okay. A motion and a second by
Commissioner Coyle.
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: Thank you. Thank you.
Item #5A
Page 12
December 1, 2009
ENERGY AUDIT AND GREENHOUSE GAS INVENTORY
REPORT, PRESENTED BY CLOE WATERFIELD - PRESENTED
MR.OCHS: Takes us to Item 5 on your agenda this morning,
Madam Chair, presentations. Your first presentation is 5A. It's an
Energy Audit and Greenhouse Gas Inventory Report presented by
Cloe Waterfield. Ms. Waterfield? Good morning.
MS. FILSON: And Madam Chairman, this one I have two
speakers on as well.
CHAIRMAN FIALA: We have two speakers on this
presentation. We don't normally accept speakers on this. I'm so sorry.
But we can -- are they in favor of this? And if so, they could just raise
their hands or something.
And Steve Hart, and -- okay. These are just -- these people are
saying they're in favor of what this lady is going to be presenting to
us. So we don't take speakers on presentations, but thank you for
being here. We appreciate that.
Go ahead.
MS. WATERFIELD: Good morning. My name is Cloe
Waterfield, and I am presenting the results of an energy audit to you
this morning carried out for Collier County.
The premise behind this exercise is to better understand how we
use energy in our county and in our entire community so that, from a
position of education and enlightenment, hopefully, we can better
come up with ways to reduce both environmental impact and costs for
county government and for our residences.
The work was funded by the Collier County Audubon Society
and the Conservancy of Southwest Florida and also assisted by a small
grant from the Together Green Program, which is via Toyota, and the
National Audubon Society, and it followed on with a similar exercise
at the City of Naples last year who are now moving forward with
energy reduction efforts both in government operations and now for
Page 13
December 1, 2009
the wider community.
And I was hired to carry out the audit and inventory, working
with facilities management department.
We carried out this exercise according to the protocol of an
organization called ICLEI. ICLEI is the International Council for
Local Environmental Initiatives, and they have now up to 600
members across our country and almost 30 in the State of Florida.
So by carrying out the exercise in accordance with an established
protocol, we join a number of similar municipalities in starting to
address this work area.
The methods and the calculations employed, therefore, both in
data collection and in the calculations, are scientifically accepted and
follow international protocols for this type of work.
Now, most of the power that runs Collier County is derived from
fossil fuels. So ICLEl's protocol assesses both that fossil fuel use but
also includes other sources of greenhouse gas emissions such as
methane from waste or decomposition at the landfill, and nitrous oxide
from wastewater treatment processes.
And the results are expressed as a metric ton amount of
greenhouse gases. So both the carbon dioxide derived from that use of
fossil fuels and other greenhouse gases are included in the results. So
while the scientifically accurate term for this work is the greenhouse
gas emissions inventory, because most of the power that runs our
county are fossil fuels, we can also call it an energy audit.
Now, the audit quantifies all sources of greenhouse gases from
our county for a given calendar year, and the results are -- we can
compare results by sector or activity or department in some instances.
There's two main analyses carried out. And ICLEl's protocol is
designed for local government, for municipalities. So we get an
overall picture, a number, for our entire community, that's everything
within Collier County limits, and we also take a more detailed look at
Collier County Government operations as a subset of that wider
Page 14
December 1, 2009
community number.
The results showed that for 2007 for the entire community, a
little over 5 million metric tons of greenhouse gases were added to the
atmosphere from activities in Collier County, and of those 5 million
metric tons where we really learn is the spread; where do the
emissions come from?
And we found that 42 percent of the emissions were attributable
to the transportation sector, about 31 percent from private homes and
residences, and about 26 percent from the commercial sector,
businesses. Only I percent was from waste decomposition.
So the first lesson we're learning here is that nearly 60 percent of
the power used to run our county is being used in private homes and
businesses. So clearly, to effect meaningful energy use reductions, we
need to focus on those sectors. And in doing so, we're also going to
save homes -- homeowners and business owners' money in trimming
utility bills.
For the government, we analyzed energy use and emissions from
a variety of sectors and key county government-managed or owned
operations. We did include, although they're not strictly under the
county manager's operation and control, constitutional officers located
here on site, at the complex here on Airport Road, because in many
instances, like for the tax collector, property appraiser, and the
sheriffs, electricity meters are shared.
The key lesson we learned from undertaking the government
inventory is that only 3 and a half percent of the entire county's
emissions are attributable to Collier County managed operations.
So while that's a small fraction, ICEIE's premise is that only by
getting your own house in order can you begin to then, from the
position of strength and having done the work, start to develop
programs and policies to reduce energy use in the wider community.
So it's important to take that look.
And the results in looking at the sectors in the breakdown of
Page 15
December 1, 2009
energy use here at county government are interesting and actually are
good news. A lot of good work has been done here at Collier County,
as you probably are aware.
The sector breakdown for the government inventory then shows
that buildings and facilities contribute about 20 percent of the energy
use of greenhouse gas emissions. And so the recommendation of the
inventory is simply to carry on as it were in this regard.
We also found out, perhaps interestingly so, that almost a quarter
of emissions from county government owned or operated facilities
was -- were from solid waste emissions at the landfill, about 23
percent. Good news here again though is that a solution is on hand in
the construction of the landfill gas-to-energy project, which, as you
will see, is going to make a significant dent in county emissions in that
sector.
The employee commute was fairly high, about 18 percent, from
staff driving back and forth to work. Again, there is a solution here in
terms of the commuter services program which has been established to
help employees find carpooling or ride-share matching opportunities.
What we need is some increased participation. When I checked last
week, enrollment was about 11 percent of county staff. So that could
certainly be improved.
Water, both the collection and treatment and delivery of drinking
water and the collection, treatment, and disposal of wastewater is a
significant proportion of the emissions for county government, about
27 percent. And as we leave a very dry November and dry October--
and I think we're all aware that we are in drought conditions -- this
does lend emphasis towards continued water conservation projects and
actions.
The vehicle fleet was a fairly small contributor, just 6.4 percent.
The transit fleet, CAT buses, about 1 and a half percent, and
refrigerants, we looked at coolant, perhaps, in air conditioning
systems, and that was less than a percent.
Page 16
December 1, 2009
So we have not only a baseline number, but -- against which we
can evaluate progress, but we also have an understanding of the spread
of emissions now.
So the next step in ICLEI's program is to establish a reduction
target and then begin to understand to what -- develop creative and
feasible cost-effective programs to reduce energy usage and continue
to save money.
We also note that the United States recently made a pledge to
reduce greenhouse gas emissions by 17 percent by 2020. So this
concept of a target reduction we're seeing from a number of different
levels.
But to understand what would be a reasonable target for Collier
County, what we first wanted to do was have a good understanding of
the programs already in place so that we're not plucking a number out
of thin air, and we've got something that's workable and it's feasible.
So towards the end of the inventory work, the county received
nearly $3 million, a little over $3 million, I believe, in stimulus
funding from the Department of Energy to enact just such energy
conservation and efficiency programs, projects, and it was stimulus
money, so the other idea was to create jobs.
Now, the inventory was not consulted in the selection of projects
for those eight projects that were -- that were on the list for application
for that money but, because those projects would make a difference in
terms of energy use and greenhouse gas emissions, it was appropriate
to analyze what they would mean in terms of reductions.
So when we looked at the different projects, almost all of them
we found were government focused so that for the government portion
of the inventory, those eight projects would amount to about
2-and-a-half percent of a reduction in the near term; however, when
you look at the wider community and our entire county footprint, it's
really a drop in the bucket; less than a 10th of a percent of energy use
reductions are affected by those projects.
Page 1 7
December 1, 2009
We didn't include savings in there that would be accrued to the
master mobility plan, Collier County Vision Build-out Plan, simply
because as those vehicle use reductions apply to planned growth -- not
actual growth, this is anticipated new building -- it's not appropriate to
take those as immediate reductions, and so we can apply them
sometime out, and by about 2030 we'd kick in. So those EECBG, the
block grant funded projects, amounts to about a 2 percent reduction of
our entire community's footprint still somewhat to be done.
However, the gas-to-energy project is a -- makes a significant
reduction in county government greenhouse gas emissions, almost 12
percent. There are some legal and financial reasons additionally why
focusing on this topic area is of importance, particularly for the solid
waste department.
I note that the Environmental Protection Agency has published a
rule requiring all emitters of more than 25,000 metric tons a year to
fully report those emissions.
There is also the potential for some financial gains through the
sale of renewable energy credits, so this is a focus area that is of
interest, particularly to the solid waste department and other
departments.
But we see, primarily from construction of the landfill
gas-to-energy project and the other block grant funded projects,
county government could quite reasonably establish a reduction target
of about 15 percent.
But the community, however, we still really need to focus our
attention and be creative in terms of programs to address particularly
end-use electrical consumption in our homes and businesses. Again,
the added benefit is more money back into the local economy.
So just a few points to wrap up. I hope you agree, and I think
Collier County's a living example of this, that addressing energy use
and greenhouse gas reductions can save you money in the short-term.
It's a budgeting exercise and always worthwhile.
Page 18
December 1, 2009
It can also make money from the long-term, and I think in
honoring the Economic Development Council here this morning in the
Project Innovation is timely because it's, as I understand it, the
premise to diversify Collier County's economy. And I would contend
that attracting industries and businesses such as renewable energy
companies, alternative technologies would definitely be in the interest
of Collier County.
CHAIRMAN FIALA: I hate to interrupt you, but your time is
up. Is there -- can you wrap up, please?
MS. WATERFIELD: Yes, I will, certainly.
CHAIRMAN FIALA: Thank you.
MS. WALKER: There are regulatory changes imminent, which
also make this a valid focus of attention, and we're not the -- our
neighboring communities in our region are moving ahead, particularly
the City of Naples. And I also point out the Regional Planning
Council's efforts, which Collier County's not participating in to my
knowledge to date.
And in closing, I would like to just share with you a quote from
Governor Crist that states, Florida is most the vulnerable state in the
nation to big consequences, the impacts of sea level rise, and I think
that puts Collier County at the tip of the peninsula of Florida right at
the forefront of those impacts.
CHAIRMAN FIALA: Thank you.
MS. WATERFIELD: So it's critically important that all
municipalities both here and across the globe start to address
greenhouse gas and energy use reductions in the short term before we
spend too much time planning in the long term.
CHAIRMAN FIALA: Thank you.
MS. WATERFIELD: Thank you.
CHAIRMAN FIALA: And we have been working very hard at
that, believe me, throughout our entire county.
Thank you very much --
Page 19
December 1, 2009
MS. WATERFIELD: You're welcome.
CHAIRMAN FIALA: -- for your presentation.
MR. OCHS: Commissioners, that takes us to 5B, which is a
recommendation to --
CHAIRMAN FIALA: Oh, I'm sorry. I'm sorry, I have a couple
lights.
Commissioner Henning?
COMMISSIONER HENNING: No, that's all right.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah, if! could. Early on -- I
would like to ask some questions of Steve Hart, if I could, because I --
early on he was the one that was the forefront of this whole thing, and
I'd just like to be able to get his perspective of where we're going with
this from him, if I may.
Steve, would you mind coming up.
Steve, this is all very interesting, but I think in the simplest of
terms, what exactly would you like to see the County Commission do?
MR. HART: Well, thank you, Commissioner, thank you,
Madam Chairman, and the rest of the commissioners.
You heard the very excellent report that Cloe Waterfield gave
you. And the bottom line here is that Collier County has a tremendous
opportunity not only to put off the potential effects for climate change,
but also to provide some real economic stimulus to this community.
And by that I mean, wouldn't it be great -- and let me back up just for
a second.
I'm one of the founders, I guess, of an organization called
Resilient Collier. And it's a grassroots organization, and our vision
has long been from the beginning to see in this community a
community-wide effort to reduce climate change, to reduce the
potential effects of climate change, and specifically translating that
into an effort to refit older buildings across Collier County. This
would not only reduce our energy use; it would put people back to
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December 1, 2009
work doing this reconstruction work.
We're in the -- this is a win-win for everybody. Imagine if we
had in this community a countywide effort to refit some of the old
buildings, make them more energy efficient, we reduce our energy
use, it saves us all money, we put people back to work in this work.
This is an amazing thing. And the interesting thing is, there is all
kinds of grant money available for that coming down the pike from
Washington.
The U.S. Department of Energy just in September released $390
million for communities to do precisely that kind of work. We've
missed out on that. And what I want to tell you is that we're missing
out on a lot of money that -- U.S. Department of Commerce has
money available through its economic stimulus programs. We're
missing out on the opportunity to do some dramatic and very good
substantive change in this community, good for this community.
And what we need is political leadership. We need the leader,
the elected leader of our community, to inspire your staff to inspire the
community to get behind this. We reduce our carbon emissions; we
put people back to work. It just is a win-win for everybody.
COMMISSIONER COLETTA: Steve, if I may suggest, why
don't you put together a task force with yourself on it and get the
Chamber of Commerce, the EDC, and the CBIA involved, and I'd be
happy to work with you on it myself.
MR. HART: I'd be happy to do that, Commissioner.
COMMISSIONER COLETTA: Okay. If you want to get
together, we'll see what we can do to put it together. I think you've
got a right -- good direction. I think all we need to do is put a little
more meat on the bones and we're off and running.
MR. HART: Absolutely, be happy to. Thank you.
CHAIRMAN FIALA: Commissioner Henning, did have you
anything?
COMMISSIONER HENNING: No.
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December I, 2009
CHAIRMAN FIALA: Thank you.
MR. HART: Thanks.
CHAIRMAN FIALA: Okay.
Item #5B
RECOGNIZING DEBORAH FARRIS, SENIOR PROPERTY
ACQUISITION SPECIALIST, TRANSPORTATION
ENGINEERING & CONSTRUCTION MANAGEMENT
DEPARTMENT AS EMPLOYEE OF THE MONTH FOR
NOVEMBER, 2009 - PRESENTED
MR. OCHS: Commissioner, that takes us now to 5B, which is a
recommendation to recognize Deborah Farris, Senior Property
Acquisition Specialist in Transportation, Engineering, and
Construction Management Department, as Employee of the Month for
November, 2009.
Could I ask Deborah to please step forward.
(Applause.)
MR. OCHS: Deborah, I'm going to embarrass you and read this
while you're saying hello to the commission.
Deborah is an employee of the county for almost five years
working in our right-of-way acquisition section of the transportation,
engineering, and construction management department.
She is an exemplary employee, a hard worker who's always
willing to come in early or stay late. She strives to provide the most
thorough research she can on any project that she's working on. She
makes sure that her efforts are properly focused on the most pressing
needs of the organization.
Additionally, Deborah is a registered paralegal and a licensed
title agent. This experience makes her a valuable member of the team
who's always willing to answer questions and share her knowledge
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December 1, 2009
with others.
Recently Deborah was instrumental in foraging a working
relationship with the local charity I-HOPE. I-HOPE stands for
Immokalee Helping Our People in Emergencies and was made and
formed after Hurricane Wilma. This group works to repair homes,
replace furniture, and provide temporary housing to people in need.
Through their relationship with the county, I-HOPE is able to receive
scrap materials from county-owned properties that are scheduled for
demolition. These materials can be anything from appliances to
windows and are removed from the homes by I-HOPE volunteers.
These items are then provided to homeowners in need in the
Immokalee area.
The county is truly fortunate to have such a compassionate and
dedicated employee. Deborah is truly deserving of this award.
Commissioners, I present to you Ms. Deborah Farris, Employee
of the Month, November, 2009.
(Applause.)
CHAIRMAN FIALA: I'm going to give it to her so that we can
take these in the picture. This is a letter from all of us. It's just my
signature but it's from all of us. And a little check just from my
pocket. No, that's not true at all. And a plaque to hang on your wall
and show your husband. Thank you very much.
MS. FARRIS: Thank you.
(Applause.)
Item #6A
PUBLIC PETITION BY ANTHONY PIRES TO DISCUSS ONE-
YEAR EXTENSION OF ENFORCEMENT ABATEMENT AT
5510 SHIRLEY STREET - MOTION TO APPROVE A ONE-YEAR
EXTENSION - APPROVED
Page 23
December 1, 2009
MR.OCHS: Commissioners, that takes us to 6 -- public petitions
section six on your agenda. 6A is a public petition request by Anthony
Pires to discuss a one-year extension of enforcement abatement at
5510 Shirley Street.
MR. PIRES: Good morning, Madam Chairman, members of the
board. I'll be brief. I know you have a lot on your agenda.
As indicated in the public petition, this law firm, my law firm,
represents Mr. Helter and the owner of the property at 5510 Shirley
Street.
About a year ago -- excuse me -- three years ago, you granted a
three-year reprieve from the enforcement of code enforcement matters
for his businesses located in the industrial park bounded by Pine Ridge
Road, Airport-Pulling Road, Taylor Road, and Trade Center Way,
which includes Mr. Homer Helter's business.
In May of this year on behalf of Mr. Helter and the owner of the
property, I filed a proposed amendment to the Land Development
Code. And this pending cycle is not anticipated to be heard before the
second quarter of201 O. And knowing how these schedules can slip, it
can sometimes, I know -- it sometimes can go into the fall, I would not
be surprised.
So what we're asking for, without getting into the substance or
the merits of our Land Development Code amendment, is that the
three-year reprieve be extended by one year until December, 2010.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Yeah, I don't -- I think it's a
reasonable request. I do -- the reason I wanted to speak, we need to
find ways to give our staff some latitude on these issues instead of,
you know, having our residents have to hire an attorney -- nothing
against employment stimulating the economy -- but we just need to
find ways to -- especially in these economic times of changing the
process.
MR. PIRES: And Mr. Henning, and Madam Chairman and
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December 1, 2009
members of the board, for clarification, there was no threat of any
enforcement action occurring after December 31 st, but out of an
abundance of caution, because the record shows it's only for three
years, that's why we're filing this request. But Mr. Schmitt's
department's been very helpful to Mr. Helter and to us.
COMMISSIONER HENNING: We kind of -- we tend to
hamstring our staff because of previous things in the past, and it just
doesn't -- doesn't work anymore, you know. And I don't know if we
can maybe task our county manager to look at ways that we can give
the county manager some latitude to make things happen, I think it
would be good for -- in the name of the economy and helping out the
community and constituent services.
CHAIRMAN FIALA: I agree with you, yeah. I've found that
same stumbling block where something simple should have been able
to be handled by staff, but because of things that have gone on in
many years past, they've just been reluctant to do that --
COMMISSIONER HENNING: Right.
CHAIRMAN FIALA: -- and so they've had to come to us. And
there are times when something so simple should just be able to be
handled. I agree with you.
Commissioner Halas?
COMMISSIONER HALAS: Yes. My question is -- this came
before the Board of County Commissioners in 2006 and nothing was
initiated on this until May of this year. Why the long time?
And I also feel that n that we have Land Development Codes that
need to be -- that are made sure that they're enforced.
And as far as us having an effect on this economy, I didn't cause
n or neither one of us, any of us up on this board, caused the collapse
of the financial system in this country.
So if we have Land Development Codes that basically we, as a
board, work through the process from about 2000 until about 2006 to
make sure that the rest of the citizens were protected so that we don't
Page 25
December 1, 2009
have the concerns that were -- that took place in this county back in
the late '90s, I'm all for that area.
But my question to you is, when we were kind enough to give the
individual three years and he didn't do -- and nothing was done until
May -- I want to know why that took that long before anything was
instituted.
MR. PIRES: I can't speak as to what occurred prior to the spring
of this year. I was retained in April of this year to look at ways to try
to address the issues previously raised.
There was prior correspondence in 2007 where there was
discussion by the staff of potential ways to address this for
comprehensive plan changes along with rezonings, an expensive,
laborious process that, even then it wasn't indicated that that would be
recommended or would even solve the issue because of concerns
about spot zoning.
When I was retained, reviewed the Land Development Code and
I saw a number of -- I don't want to get into the substance, but I saw a
number of uses that I thought were similar to this use, and that would
be the vehicle to utilize this amendment cycle that was currently being
processed, and we jumped on it.
COMMISSIONER HALAS: I understand what you're doing and
I think that process is the right way to do it, and it should have been
done at the start of -- after we gave the continuance for three years;
that process should have been started earlier on. And I commend you
for stepping up to the plate and addressing this concern.
MR. PIRES: Thank you, Mr. Halas.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Thank you. Yeah, I, for one,
have no problem with the one-year extension. And if we're -- we've
got to remember that where we got to as far as how staff reacts to
these things, they work to the letter of the law that we set.
CHAIRMAN FIALA: Right.
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December 1, 2009
COMMISSIONER COLETTA: In the past they got reprimanded
when they went one inch past that. So anything we put into place has
to be well documented. And if anything, maybe what we could do is,
cases where we have continuously allowed certain things to go
forward, like the granting of extensions to sunshine or other things, we
might be able to delegate that authority to the county manager. And
so that there's not that gray area where a staff person will put
themselves in a precarious position trying to make a decision that
they're not sure of.
CHAIRMAN FIALA: Well, I have really felt sorry for staff
because they're -- you know, they don't know which way to go.
COMMISSIONER COLETTA: Right.
CHAIRMAN FIALA: We've set up things, and then we change
them and we change them according to what comes before us, and
they just want to make sure they're doing what--
COMMISSIONER HALAS: Absolutely right.
CHAIRMAN FIALA: -- we ask them to do. And so I think -- I
think you're right, maybe we should have the county manager step in
at times and just help them with that decision making.
COMMISSIONER HENNING: Well, we've got a pro forma that
we've been doing in the course of business over the last
year-and-a-halfthat reflects what the economy is and all that, and we
have given extensions to numerous people for various reasons. It's
been consistent. We haven't backed off on it.
I think if the county manager did the research and found out what
that was and then defined it in such a way that he would be able to
have the ability to carry on the will that we have originally
established, we would be there, where we need to be. But I wouldn't
want to put staff in the position of trying to reinterpret what the
directions are that we have previously put out there.
CHAIRMAN FIALA: Right. And maybe we need to modify
some of those, too.
Page 27
December 1, 2009
Anyway, Commissioner Coyle?
COMMISSIONER COYLE: Yeah. The -- I have no problem
approving this extension. It makes sense. The resolution is in process.
We just need to give it time to work through.
But there is a solution. And at the risk of increasing the
unemployment rate among lawyers -- you have to be careful, at least I
think you have to be careful, about delegating land development
decisions to the staff or to the county manager.
Let's suppose there were people in the public who objected to
this? By doing that you eliminate their ability to come here and speak
in favor of it. But there is a way to lessen the burden on the petitioner
under those circumstances. There is nothing that prohibits the staff
from making this presentation to us. There's no reason the staff can't
come before us and say, we have a situation here that involves a Land
Development Code interpretation, we think it's very simple, but we
can't make the decision ourselves, and will the Board of County
Commissioners grant us permission to make this decision.
Now, that gets it done fairly quickly. The petitioner doesn't have
to hire a lawyer. Lawyer doesn't have to spend his time coming here
making the presentation. We get it done. The public hears it, it's
advertised. People get an opportunity to respond to it, and we don't
shortcut the process.
So I would suggest we just encourage the staff to bring these
simple issues to us and let the county manager be the gatekeeper. But
if we start saying to the county manager, you just go ahead and change
these things as -- approve them as you see fit, it's going to put the
county manager in a difficult position because he's doing things
without a public hearing. And when you do Land Development Code
changes, there are lots of people who like to be heard from time to
time, and we at least owe them a public forum if they want to consider
it.
CHAIRMAN FIALA: Good point.
Page 28
December 1, 2009
COMMISSIONER COYLE: So that's a solution to the expense
and to the time of getting something like this done.
CHAIRMAN FIALA: But meanwhile, the petitioner is asking if
we would extend it one year. I see --
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: Second by Commissioner Coletta.
All in favor?
COMMISSIONER COYLE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: 4-]. Thank you.
MR. PIRES: Thank you very much.
CHAIRMAN FIALA: And County Manager, maybe we can
discuss some of these things at some point in time. I don't know
whether we would workshop it or what, but a lot of good points have
been brought up here and -- but I'm sure you need direction.
MR. OCHS: Yes, ma'am. With the board's indulgence, if the
direction were to be to, perhaps, consult with the county attorney and
see ifthere are any ways administratively to bring back procedures
that you could approve, and then by approving those, grant some level
of discretion at the staff level in consultation with the county attorney
that the board would be comfortable with, we could perhaps explore
that. Or if not, certainly what Commissioner Coyle suggested is that it
would be another step in that direction even if some of those things we
-- that were routine, such as this next item we're extending four more
days on a public petition, we might be able to do that as a staff report
on your consent or your summary agenda. It wouldn't even require a
presentation, but the staff could prepare that document, and the
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December 1, 2009
petitioner wouldn't incur the expense of having to come forward.
But, again, I have to consult with Jeff a little bit more on that to
make sure I'm not overstepping any of your current LDC provisions.
CHAIRMAN FIALA: And one of the reasons I think that we've
-- in the past sometimes staff has made a judgment call -- this is years
past -- and it's maybe changed something to a point where we then
have said, you can't do that. You know, this is too much of a change.
And so then staff has become confused, what can I do and what can't I
do, and that's going to be a tough call, too. You know, what are
minuscule things that can be just handled through you, and then other
things where they change a whole PUD or something shouldn't be
handled that way.
MR.OCHS: Sure, sure.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Well, we have a deviation
process, certain things in our land use code, but I think there's
opportunities to give some more deviations, some administrative
deviations.
And let me just say this. We have a county manager, a new
county manager, and he has a vision for our community. Just allow
him to express what he wants, and we'll see if it could be accepted by
the majority of the Board of Commissioners.
CHAIRMAN FIALA: Looks like we're all in agreement with
you.
COMMISSIONER HENNING: I mean, I like his vision, and I
think that -- I don't know if all has heard it, but I think it's a great start,
new start.
CHAIRMAN FIALA: You know, I think you see a whole group
of people in agreement. No? Not one. But -- well, I sure agree.
COMMISSIONER HENNING: I want to hear it.
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: I think we all should hear it.
Page 30
December 1, 2009
COMMISSIONER COYLE: That part I agree with. But just
arbitrarily delegating certain things to the county manager is a very
dangerous precedent and puts him at great risk.
COMMISSIONER HALAS: Yep, definitely.
CHAIRMAN FIALA: Okay. Moving on to the next one.
Item #6B
PUBLIC PETITION BY LESLEY MARR, ON BEHALF OF
NORTH NAPLES METHODIST CHURCH, TO DISCUSS
ADDITIONAL FOUR TEMPORARY USE PERMIT DAYS FOR
2009 - MOTION TO APPROVE FOUR ADDITIONAL PERMIT
DAYS - APPROVED
MR. OCHS: Yes, ma'am. Your next item is 6B, public petition
request by Lesley Marr on behalf of the North Naples Methodist
Church to discuss additional four temporary use permit days for 2009.
MS. MARR: Thank you very much for letting me come here
today. I first want to thank you for sharing all of that with us. I was
very impressed by how long some of your employees have been here.
I also want to say that my interaction with your staff this year has
been great. This is my first time dealing with the county, but Christine
Willoughby should be noted as an excellent customer service
representative. She's guided me through this process, and obviously I
couldn't have done it without her.
We would like to ask for an extension of four additional
Saturdays to -- we've now changed it to the market at 6000 Goodlette,
because the majority of our participants don't actually offer farmers
types of things.
We've been trying to do it as a stimulus to our church as well
offering a lot of our people who are unemployed to start small
businesses, guiding them on how they would do this, and provide
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December 1, 2009
them with a forum in order to do this. We provide all the marketing
for it, we provide the space for them, and then they provide their
goods.
We walk them through the system to set up, get their
occupational licenses and to be formally a business. So we'd like to
ask that we could start this December 5th and then follow through till
April 17th.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Yeah. I -- I'm in agreement,
Madam Chair. I don't know if you've ever been to that. I have. It's
the closest one to where we live. I wish we had one a lot closer. I
know you have one in East Naples.
CHAIRMAN FIALA: Yeah, we do.
COMMISSIONER HENNING: I know there's one off 3rd
Street.
CHAIRMAN FIALA: And they're wonderful. And it's a fun
way for the church members to all get together and support something
that helps their coffers. Thank you. And I, too, lend my support.
Commissioner Halas?
COMMISSIONER HALAS: Yes, I've been over there, and it's a
pleasure to go around there are and see what's going on, and so I'm in
total favor of this.
MS. MARR: Thank you.
CHAIRMAN FIALA: Commissioner Coyle, do you--
COMMISSIONER COYLE: Oh, yeah, sure.
CHAIRMAN FIALA: Okay, fine.
MR. OCHS: Madam Chair, if I may --
CHAIRMAN FIALA: Yes, sir.
MR. OCHS: -- just for the record. For clarification purposes,
this specific public petition request is for four additional days in this
calendar year, correct?
MS. MARR: Correct.
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December 1, 2009
MR. OCHS: And then the 28 days starts running again --
MS. MARR: Correct, so you'll see one of us again next month
because, honestly, we didn't realize, because in the past we had 12
events. We put up banners for the seven days. For some reason,
maybe what you're talking about with people taking liberties and just
granting things, we were never explained that. So we've always had
12 events with seven-day banners.
And we've reevaluated our needs for banners and the length of
those, but still with an active church with also a school and many
other clubs and activities that go there, 28 days of special events is not
enough for us. We definitely are a church that likes to give back, and
we wouldn't want to stop any of those. So myself or Scott or
somebody will see you probably in January.
COMMISSIONER HENNING: Why are you coming back in
January?
MS. MARR: Because we only can have 28 days in a calendar
year for special events, and so to go past that we have to ask for four
additional weeks from the county.
COMMISSIONER HENNING: Well, why can't we just do that
now?
MS. MARR: I would love that.
CHAIRMAN FIALA: Do we have -- we don't have to wait, do
we, County Manager?
MR. OCHS: I don't believe so. That wasn't the --
COMMISSIONER HALAS: Public petition?
MR.OCHS: Well, it wasn't the specific request, although the
public petition did reference the fact that the market is open on
Saturdays from December to April. So if you're including that along
with the four days for the remainder of this calendar year, I'm looking
at the county attorney, I don't see any problem with that to expedite it.
COMMISSIONER HENNING: We have latitude. We have
latitude, don't we?
Page 33
December 1, 2009
MR. KLA TZKOW: I don't have an issue with the request.
COMMISSIONER HENNING: I'm sorry?
MR. KLATZKOW: I have no issue with the request.
COMMISSIONER HALAS: Does it have to be readvertised?
MR. KLATZKOW: No.
COMMISSIONER HALAS: Okay.
COMMISSIONER HENNING: Madam Chair?
CHAIRMAN FIALA: Yes.
COMMISSIONER HENNING: Can we --
CHAIRMAN FIALA: Make a motion.
COMMISSIONER HENNING: Yeah. Make a motion that we
accept the petitioner's request for adding four days this year, and --
MS. MARR: Four weeks next year.
COMMISSIONER HENNING: -- additional four weeks next
year.
MS. MARR: Which is the maximum I can ask for according to
the rules I received from Christina.
COMMISSIONER HENNING: Okay.
CHAIRMAN FIALA: Okay. Only four -- that means only four
days you're open next year?
MS. MARR: No. So this year we are asking for an additional
four, which would bring us through the end of the calendar year. Next
year we get 28 days and we can request an additional four weeks. So
I'm asking -- the petition right now is asking for an additional four
weeks for 2010.
COMMISSIONER HENNING: Yeah, that was the motion.
CHAIRMAN FIALA: Do I hear a second? Second, okay.
COMMISSIONER COYLE: Just a question. Is four weeks 28
days, or are we asking for four additional days as you did this year?
MS. MARR: Right. No, I'm asking for the four weeks.
CHAIRMAN FIALA: Do you --
COMMISSIONER HALAS: Twenty-eight days?
Page 34
December 1, 2009
MS. MARR: Yes. So this year I was here to ask for the four
days. Next year I can have 28 days without asking for additional.
Then I can ask up to four additional weeks.
CHAIRMAN FIALA: No. Weeks or days?
MR.OCHS: Weeks.
MS. MARR: Weeks. So the 28 days.
CHAIRMAN FIALA: Weeks are seven days a week, so that's--
MS. MARR: Right, 28 days.
CHAIRMAN FIALA: So you're asking for 28 days -- I mean,
you're already entitled to 28 days next year and you want an additional
28 days rather -- when you say four weeks, it's confusing because it's
only once a week.
MS. MARR: Right. That's the way they -- no, no. I'm asking
for the addition for -- to use them for whatever special event, not just
the market.
CHAIRMAN FIALA: Okay. So you have four days this -- just
so I -- as Commissioner Coyle was saying, four days this year because
you need those to finish out your year, you already get 28 days next
year, and you want an additional 28 days next year?
MS. MARR: Which is the maximum I can ask for.
CHAIRMAN FIALA: For the entire year?
MS. MARR: Correct.
CHAIRMAN FIALA: Okay. Motion maker?
COMMISSIONER HENNING: Yeah.
CHAIRMAN FIALA: That's what your --
MS. MARR: And that includes banners, the actual event and
banners. So if! put up a banner for one Saturday, it's seven days out
of my 56 days that you're saying I could potentially have. That's why
you need to offer so many. I know, it is confusing, but -- my 28 days
that I'm given includes the time that the banner is up for an event. So
if we advertise for seven days and my event is on Saturday, it counts
as seven days against me, not just one special event day.
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December 1, 2009
So I'm not going to have 56 events. I'm going to have my typical
events with the signage for the seven days.
CHAIRMAN FIALA: Okay. That clears it up a little bit.
Commissioner Coyle?
COMMISSIONER COYLE: Yeah, just a caution. This appears
like a substantial deviation to the original agreement. It deserves a
public hearing if we're going to change it that much.
MS. MARR: It's a standard -- it's already your standard rule. We
just have to come back in January and ask for the other 28.
COMMISSIONER COYLE: Let's suppose some of the
neighbors have an objection to that; how are they supposed to voice
their concerns in public? You're asking us to approve something that
has not been advertised. If you were talking about four days of events
MS. MARR: Well, right now I am asking only for four days --
COMMISSIONER COYLE: Okay.
MS. MARR: -- and then I will come back gladly in January and
discuss the additional if that's it, but --
COMMISSIONER COYLE: I would suggest that we have a
public hearing and let people come here and express their opinions if
they want to, because if you're going to be putting out banners for
another four weeks per calendar year --
MS. MARR: No. I'm not saying I'm going to put up banners.
I'm saying that the 56 days includes banner time, which is not just --
I'm not doing 56 events. I'm doing the same events that I've done for
the 12 years --
COMMISSIONER COYLE: I understand.
MS. MARR: -- but it includes banners.
COMMISSIONER COYLE: But there are people who might
have a problem having banners strung up in the neighborhood for a
longer period of time. Four days is not such a big variance, but four
weeks might very well be a big variance.
Page 36
December 1, 2009
So I'm merely suggesting, give the public an opportunity to be
heard on this issue rather than us just rushing it through at this point in
time. I think it's for a good cause and I don't have a problem with it.
The only problem I have is cutting out the opportunity for public input
if there should ever be any public input.
CHAIRMAN FIALA: Joe, would you like to comment?
MR. SCHMITT: I think it's best maybe we -- it be discussed
because I believe there's some confusion from the petitioner between
what is called a special use permit and then a special events permit.
I think what she's also asking for is an exemption from the sign
permits which allow for the hanging of the signs which really is a
separate issue than the farmer's market or whatever you're calling that.
What we've done in the past is allowed those 28 days to be
spaced over, say, six months. Normally the code says two 14-day
periods. Because of these events are widely accepted by the
community, we've allowed these events to be not consecutive 14 days,
but it's a one- or two-day event, and we counted those 28 days in total.
You may not need the extension of the 28 days to hold the
farmers market. What you are asking for, and so we need to clarify, is
an exemption from the sign code to allow for the hanging of a banner
or temporary type of signs.
So I think what we need to determine is what is it that she's
asking for. But as far as this year, it's certainly no problem. It's a
widely accepted event, and the four extra days is not a problem.
And I think if we took the 28 days for next year, you're covered
for the farmers market. It's just a matter of the permits for the sign, if I
hear you correctly. And I think -- I thought Christine and you had
pretty much discussed all that, so --
MS. MARR: Yes. Christine was great. She did write it out, but
yes, for the 28 days that I have, it does cover the market, but then at
the end of the year I run out. I can't do my women's bazaar; I can't do
a lot of the other events that we've been doing for 12 years, so --
Page 37
December 1, 2009
MR. SCHMITT: But some of those events are routine events
that a church holds that require no permit. The zoning allows for
those types of things.
MS. MARR: Right. Just puts up a banner.
MR. SCHMITT: It's the banner, where you have to hang the
banner, then that's a different issue. So I think those typical church
events are not -- do not require a temporary use permit. The
temporary use permit was because of the market and the impact that
the market has on the community.
So I think maybe we can discuss, what is it you need, and clarify
that, and I'll just put it in an executive summary and come back to the
board.
COMMISSIONER HENNING: Yeah. I'm going to remove my
motion. You see how difficult our own land use code is? And it's two
different issues. There's a special event, and it's promoting it with a
banner. And wow, how confusing it is.
CHAIRMAN FIALA: Yeah, and it didn't even -- we didn't even
understand all of that when we first started voting on it. I mean, when
you made the motion, the banner was never mentioned really. We
didn't realize that she was wanting days for banners and days for
events, right?
Okay. So would you like to restate a motion?
COMMISSIONER HENNING: No. I'm removing my motion.
CHAIRMAN FIALA: I know.
COMMISSIONER HENNING: Yeah, I'm removing, so I --
COMMISSIONER HALAS: Just give her the four days.
CHAIRMAN FIALA: Make a motion for the four days.
COMMISSIONER HENNING: Oh, I think everybody was in
agreement. You don't need a motion for that, do you?
MR.OCHS: I would like one.
CHAIRMAN FIALA: It's better to do it.
COMMISSIONER HENNING: Yeah. I make a motion that we
Page 38
December 1, 2009
extend the temporary use for four years (sic), the remainder of2009.
CHAIRMAN FIALA: For four days?
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: You said four years.
COMMISSIONER HENNING: Oh, four years?
CHAIRMAN FIALA: You really mean four days?
MS. MARR: Four days.
CHAIRMAN FIALA: And a second from Commissioner Coyle.
COMMISSIONER COYLE: Yes, for four days, yep.
CHAIRMAN FIALA: 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'll see you in
January.
MS. MARR: Yes, thank you.
COMMISSIONER HENNING: Joe Schmidt's going to put it on
our agenda.
CHAIRMAN FIALA: Okay.
Item #9 A
RESOLUTION 2009-283: APPOINTING KRISTI 1. BARTLETT
FOR A 4-YEAR TERM EXPIRING DECEMBER 1,2013;
APPOINTING JUSTIN P. CALDARONE AND VICTORIA 01
NARDO FOR 3-YEAR TERMS EXPIRING DECEMBER 1,2012;
APPOINTING JOHN HERBERT MITCHELL FOR A 2- YEAR
TERM EXPIRING ON DECEMBER 1,2011 TO THE CONSUMER
Page 39
December 1, 2009
ADVISORY BOARD (CAB) AND THE REMAINING VACANT
APPOINTMENT BEING RE-ADVERTISED - ADOPTED
MR. OCHS: Madam Chair, that brings you to Item 9 on your
agenda, which are appointments. 9A is --
COMMISSIONER HENNING: Oh, yep. I got --
MR.OCHS: -- appointment of the members to the Consumer
Advisory Board.
COMMISSIONER HENNING: Madam Chair, I make a motion
that we appoint Kristi Bartlett, Justine -- Justin Caldarone, Victoria
DiNardo, and John Mitchell, and Russ Berighuis (sic).
CHAIRMAN FIALA: Berghuis.
COMMISSIONER HENNING: Berghuis.
CHAIRMAN FIALA: Now, Russ Berghuis--
COMMISSIONER COYLE: He doesn't meet criteria.
COMMISSIONER HENNING: Oh, he doesn't. Oh, okay. All
right. Well, all the other ones then.
COMMISSIONER COYLE: Okay. Second.
MS. FILSON: Do you want to set the terms?
MR. KLATZKOW: This is the first time the board's meeting. It
needs to be staggered.
COMMISSIONER COYLE: Could Ijust suggest we start at the
top, and the first two will be for two years, the next two will be for
three years, and the last one will be four years?
CHAIRMAN FIALA: We don't have a last one because we only
have four of the five, so --
COMMISSIONER HALAS: Four of the six.
CHAIRMAN FIALA: Yeah. I mean, we needed five members
and we only have four here.
COMMISSIONER COYLE: I understand, okay. So which one
do you want to leave out, one of the two years?
CHAIRMAN FIALA: I was just going to go four -- four for
Page 40
December 1, 2009
Kristi, three for Justin and Victoria, and two for John; does that work?
Does that work for everybody?
COMMISSIONER COYLE: Well, it's okay with me, yeah.
COMMISSIONER HENNING: That's part of my motion.
CHAIRMAN FIALA: Okay. And is that part of your second?
COMMISSIONER COYLE: Second, yeah.
CHAIRMAN FIALA: Okay. 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?
(No response.)
CHAIRMAN FIALA: And we still have to readvertise for one
person, right?
MS. FILSON: Okay. Yes, ma'am. And just to make sure I have
it absolutely correct, Kristi Bartlett is four years, Justin is three years,
Victoria, three years, and John Herbert Mitchell two years.
CHAIRMAN FIALA: Yes.
MS. FILSON: Thank you.
Item #9B
RESOLUTION 2009-284: RE-APPOINTING PATRICIA SPENCER
AND MARGARET HARRIS TO THE GOLDEN GATE
BEAUTIFICATION ADVISORY COMMITTEE - ADOPTED
MR. OCHS: Madam Chair, Item 9B is appointment of members
to the Golden Gate Beautification Advisory Committee.
COMMISSIONER HENNING: Madam Chair, I make a motion
that we approve Pat Spencer and Meg (sic) Harris.
Page 41
December 1, 2009
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: Motion to approve.
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: Thank you. That's a 5-0. Thank you.
I tern #9C
RESOLUTION 2009-285: RE-APPOINTING CLAY C. BROOKER
AND REED K. JARVI TO THE DEVELOPMENT SERVICES
ADVISORY COMMITTEE - ADOPTED
MR. OCHS: 9C is appointment of members to the Development
Services Advisory Board.
COMMISSIONER HENNING: Madam Chair, I make a motion
we approve Clay Brooker and Reed Jarvi.
COMMISSIONER COYLE: 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?
(No response.)
CHAIRMAN FIALA: 5-0.
Page 42
December 1, 2009
Item #90
RESOLUTION 2009-286: APPOINTING JENNIFER TANNER TO
THE LELY GOLF ESTATES BEAUTIFICATION ADVISORY
COMMITTEE - ADOPTED
MR. OCHS: 90 is appointment of a member to Lely Golf
Estates Beautification Advisory Committee.
CHAIRMAN FIALA: I'd like to nominate Jennifer Tanner -- or
motion to approve Jennifer Tanner.
COMMISSIONER HENNING: 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?
(No response.)
CHAIRMAN FIALA: Thank you.
Item #9E
RESOLUTION 2009-287: RE-APPOINTING DAVID SAETKO TO
THE PARKS AND RECREATION ADVISORY BOARD-
ADOPTED
MR. OCHS: 9E is appointment of a member to the Parks and
Recreation Advisory Board.
COMMISSIONER HALAS: Motion to approve David Saletko.
CHAIRMAN FIALA: Second.
COMMISSIONER COYLE: Second.
Page 43
December 1, 2009
CHAIRMAN FIALA: All in favor?
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: I seconded it, just for Sue's records.
COMMISSIONER COYLE: Okay.
CHAIRMAN FIALA: Opposed?
(No response.)
CHAIRMAN FIALA: Thank you, 5-0.
Item #10C
RESOLUTION 2009-288: THE CONDEMNATION OF THOSE
PERPETUAL AND TEMPORARY EASEMENT INTERESTS
NECESSARY FOR THE CONSTRUCTION OF STORMWATER
IMPROVEMENTS KNOWN AS THE LEL Y MAIN CANAL
EAST-WEST PHASE OF THE LELY AREA STORMWATER
IMPROVEMENT PROJECT (LASIP). (CAPITAL
IMPROVEMENT ELEMENT NO. 291, PROJECT NO. 51101).
ESTIMATED FISCAL IMPACT: $585,000 - ADOPTED
MR. OCHS: Commissioner, that takes you to section 10, county
manager's report. lOA and B are scheduled for an 11 a.m. time
certain.
That would take us then to we. 10C is a recommendation to
adopt a resolution authorizing the condemnation of those perpetual
and temporary easement interests necessary for the construction of
storm water improvements known as the Lely Main Canal east/west
phase of the Lely Area Stormwater Improvement Project. Estimated
fiscal impact, $585,000.
Page 44
December 1, 2009
Ms. Margaret Bishop will present.
MS. BISHOP: Hi. Margaret Bishop with the Stormwater
Section in Transportation Services Division.
I wanted to introduce Dan Brundage, who will be presenting the
LASIP project. He was responsible for obtaining the original design
permits from the South Florida Water Management District and the
Corps of Engineers.
He'll be giving the specifics for the easements for the Lely main
canal portion of the project, and John Ireland will be presenting the
Royal Wood/Whitaker Road easements of the LASIP projects.
COMMISSIONER HENNING: Motion to approve.
MR. BRUNDAGE: Good morning, Commissioners, and thank
you very much for this opportunity to come and present to you.
CHAIRMAN FIALA: Dan, let me stop you for just a moment. I
have a motion on the floor from Commissioner Henning to approve.
Do I hear a second?
COMMISSIONER COLETTA: (Nods head.)
CHAIRMAN FIALA: And a second from Commissioner
Coletta.
Do you need to put some things on the record for this?
MR. KLATZKOW: Yes. We need to put some things on the
record for this.
CHAIRMAN FIALA: Okay, very good.
COMMISSIONER COYLE: Does it have to be an entire
presentation that goes on the record?
MR. KLA TZKOW: It will not be long, sir.
COMMISSIONER COYLE: How long have you been here?
MR. BRUNDAGE: Some days I'm technically challenged.
Indeed my pleasure to be here to present to you some components of
the LASIP program. Also I have, Mr. John Ireland is with us today
too with Post Buckley Schuh Jernigan. He'll be talking about the
second project that we'll be looking at today.
Page 45
December 1, 2009
The LASIP program consists of about 11 ,OOO-acre drainage
basin, and it's divided into two sub-basins as shown on the map there;
the Lely Canal basin that's generally on the west, and then the Lely
Manor basin which comprises the east portion of the overall drainage
basin. The projects we're going to be presenting to you today are both
within the Lely Canal basin.
The program for LASIP as a whole consists of doing various
improvements throughout the drainage basin, and those consist of
widening and deepening existing canals and ditches, if you will, as
well as constructing new conveyances also.
It calls for improving several existing control structures and also
the construction of new control structures. And there's going to be a
couple of those with these projects that we're presenting to you today.
Also, the construction of spreader lakes and berms for implementing
or introducing the storm water flow back into the environment as a
sheet flow method. Two of those spreader lakes have been
constructed and are currently working. The third one will be
constructed this next dry season.
A pump station was just recently constructed and successfully
tested that will rehydrate some wetland sloughs located in the southern
reaches of the project. And also, several mitigation areas have been
purchased and are currently under improvements, and they are turning
out quite nicely at this point.
Today I'd like to talk to you about the Lely main canal extension,
that's going to be the project I'm presenting, and then John will be
talking about the Royal Wood/Whitaker Road project.
Again, this map is just an overview of some of the improvements
that are called for in blue, but if you'll look at the highlighted yellow
portions, those are the projects we're addressing today. You'll notice
that the Lely main canal extension runs generally east and west and it's
located just south of Rattlesnake Hammock Road. It generally runs
from the Royal Wood subdivision and then ties into the Lely main
Page 46
December 1, 2009
canal generally, specifically in this area right here.
Now, the existing canal -- there is an existing canal in this
location and it lies within a 100-foot right-of-way. There's a
right-of-way for the majority of the project. There's a small section in
the middle of it where it's just a drainage easement, but there is an
existing facility and existing rights-of-way and easements available
for it.
Now, as we do these improvements, we always ask ourselves, is
there any merit to a do-nothing alternative? Do we really need to
improve a particular segment? And as we look at this project in --
specifically, I've outlined in red the drainage basin that goes to this
specific canal, and so you can see it's a rather large area.
And within that red boundaries, we're doing a lot of
improvements. As a matter of fact, the Royal Wood/Whitaker Road
project that's going to be presented is being constructed upstream of
the Lely main extension canal. So all the water that is going to be
collected and moved more efficiently is going to be heading south to
the Lely main extension project.
So the calculations and the models we have show that the canal
has to be improved in order to be able to accept that water and pass it
on to the Lely main canal without causing flooding in the area.
So basically the do-nothing alternative is not a very good
alternative to consider. We really do need to make some
improvements.
The best alignment for the canal would be along that existing
right-of-way and easement, and the location it's at is, you'll look in the
area. There's development all over -- all surrounding the canal, and
there's really no other alternative alignment that makes any sense.
Improving the existing canal will result in a minimal cost, and
I've already mentioned that there are really no other routes that are
available.
Now, what I would like to do is just talk to you about a few of
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December 1, 2009
the major design components and give you an idea of what we will be
doing. The first is, we'll be constructing a new control structure that's
located at Doral Circle. And in conjunction with that control
structure, there's going to be a new triple four-by-eight box culvert
that's going to be constructed. That box culvert's going to replace
eight 48-inch diameter pipes that really are undersized to be able to
carry the flow that we need to.
So this control structure and associated box is going to do two
things. One, it's going to be able to pass the stormwater flow that's
heading to it, and the other thing that the control structure will do is
that it will help maintain the water level in the canal during the dry
season so that we conserve our freshwater resource and don't
overdrain the area.
So the stretch of the canal upstream will enjoy a little bit higher
water level for a longer period of time until you get into the depths of
the dry season when it hasn't rained for a considerable amount of time,
and then we'll probably start to see the canal water level drop below
the control structure elevation.
The control structure that's going to be constructed is going to be
very similar to the ones we've previously built for the Royal Wood's
country club area, and this is a picture looking at it from the west and
another picture looking at it from the east. So the control structure
we're proposing is very similar to this.
You'll notice there's two slide gates right here. Those gates are
five-by-five. We'll be doing the same thing, five-foot by five-foot
gates in our particular structure for the Lely main. The reason for
those gates is if we have an impending storm coming, a tropical storm,
there's a Memorandum of Understanding between the county and
South Florida Water Management District that allows the county to be
able to raise those gates and start draining the system down so that we
have some capacity, reserve capacity, in the system to absorb an
inordinate amount of rainfall that would be coming to it.
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December 1, 2009
In addition to the control structures, we are proposing a
maintenance travel way that will be located along the south side of the
canal. Of course, you have to make the decision in the design point, is
it better to construct it on the north side or the south side of the canal,
and what are the reasons, you know, for your particular decision.
What we did decide on the south side -- and there's two reasons
for that. The first reason is that the existing canal is skewed to the
north within the easement. And the north top bank of the canal is
pretty much right at the north easement right-of-way line.
So to move the canal to the south to construct the maintenance
road on the north would be something that would result in more
expense. There would be more earth work involved with doing that.
And so intuitively it would be cheaper to locate the maintenance way
on the south side for that reason.
The second reason is, you'll notice that there's a considerable
amount of the condominium development that's located along the
north side. On the south side, on the other hand, we have relatively
open golf courses that are located along a majority of the route.
There's a small section in here where we have some single homes
on either side. But, again, the canal is skewed in that section as well
to the north.
So we decided it would probably be least intrusive into the
community if we could locate the maintenance travel way on the south
side along these golf courses that would cause the least amount of
inconvenience to residences and places where people live.
Now, you'll notice that the maintenance travel way deviates from
our 100-foot right-of-way in this area. That's because there's two
lakes located in this area. And we scooted along the south side to
avoid having to build, for lack of a better term, a causeway across this
lake. We feel that that would be environmentally not very considerate
to the lakes and that it would be, of course, less expensive to locate it
around the south side.
Page 49
December 1, 2009
Now, in doing that we needed -- we coordinated quite a bit with
the Lely -- excuse me -- the Royal Palm golf club in the location.
We've had probably up to about five or six meetings with Royal Palm
out in the field to kind of precisely locate where this would go to be
the least obtrusive to them.
We are utilizing portions of their existing cart path. And those
areas we are going to beef the cart path up a little bit so it can take
heavier equipment and wider equipment that the county may have to
put in there from time to time if there's some heavy-duty maintenance
that needs to be done to the canal.
Other than those instances, the most maintenance traffic will be
pickup truck mounted spray vehicle for treating herbs -- applying
herbicides to the canal banks and so forth.
A portion -- the portion of the maintenance way that is not going
to be located along their fairway, we're going to use a geo-web
material that we've utilized in other areas of the LASIP system. And
the geo-web is a geo-textile material that allows you to put heavy
equipment on it. You put a soil infill inside the geo-web, and then you
just sod on top of it. And when you leave you don't even see it. It
looks like a -- you know, just like a normal lawn or be it, in this case,
a normal golf course fairway.
Other areas of the maintenance way will be constructed out of
limerock. And in a couple places we'll put sod on top of the limerock,
especially along the single-family homes to soften the impact of the
maintenance way in that area.
The third thing we're doing to the area is obviously we're
deepening the canal to provide a greater flow-through capacity for it.
And then finally -- oh, excuse me. I got a little ahead of myself.
This is a cross-section here. If you look at the cross-section, the
existing canal is denoted with the dashed line, and the dark line is our
improved section. And you'll notice over here we're located to the
north of the section, and the south side is where our maintenance way
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December 1, 2009
is.
One other item that we're looking at is we are going to provide a
staging area to the contractor. As you can imagine trying to store a
bunch of heavy equipment and materials within the canal right-of-way
that you're trying to improve, it's a very difficult task. And the county
has worked with the Hibiscus Golf Club that owns these two parcels to
obtain temporary easements for staging areas in that area.
And finally, we'll need to do some -- obtain some easements in
order to do these improvements on the east side. There's a portion of
the maintenance way that needs to be located in here, as well as the
fact that the canal itself was constructed in portions outside of the
easement.
So the new easements we're seeking over here will solve both of
those problems. We're calling for an easement to be located along this
serpentine maintenance way that goes through the Royal Palm golf
course. There's a small headwall that needs to be constructed in this
area to drain existing lakes, and the temporary easements already
mentioned for the staging areas are shown here.
So in summary on my portion, our recommendations would be
that you-all accept the project as currently designed and permitted,
that we would utilize the existing canal alignment for the proposed
improvements, that we would add the maintenance travel way on the
south side of the project, and that we would route the maintenance
travel way around the existing lakes, and lastly, acquire the easements
as shown, and that would be our recommendation.
This is a picture, in closing, for my part, of the place we just
completed of the Lely main extension between U.S. 41 and
Rattlesnake Hammock Road. And I'll just show you this. When we
walk away from the project, it really is something to behold. It's, you
know, a much better-looking facility than what was there in the
existing condition.
And you can see the two types of existing roadways here. This is
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December 1, 2009
a limerock travel way. And if you look real closely, you'll see a dark
green strip running right along in here. That is the geo-web with the
sod on top. So that shows you the aesthetic capabilities of that type of
system.
With that, I'd liked to turn it over to John, and John's going to talk
to you about the Royal Wood.
CHAIRMAN FIALA: Well, that's the next one on our agenda,
right? So we have a motion on the floor for this item, which is 10C.
And we have Commissioner Coyle wanting to ask a question.
MR. BRUNDAGE: Sure.
COMMISSIONER COYLE: Yeah. I don't have any concern
with the plan itself. The question I have is, you've estimated a fiscal
impact of $585,000 that -- I assume that means the cost for the
condemnation of all of the parcels described in this executive
summary -- that's what it says.
My question to you is essentially this: This is a project that will
mitigate flooding issues in this area and other areas. Why would
people charge us money for doing this, doing something that enhances
the quality of their community and protects it from flooding?
MS. BISHOP: Well, there's the process of acquiring the
easements from the property owners.
COMMISSIONER COYLE: Well, yeah, but I mean, you can
acquire easements without having to pay for them.
CHAIRMAN FIALA: Well, you know, Commissioner--
COMMISSIONER COYLE: Has anybody tried that?
MS. BISHOP: That's what --
MR. FEDER: For the record, Norman Feder, Transportation
Administrator. Of course, Commissioner, we have. We don't expect
that all these parcels will have to go to condemnation. As a matter of
fact, we work very strongly to try and get voluntary easements or to
work through negotiation for compensation for cost to record deeds,
do other things, but we also have to be able to move on a project, and
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December 1, 2009
where we need to, we have to go through the condemnation
proceedings.
COMMISSIONER COYLE: Well, I just would like to know the
names of the property owners who are demanding payment for us
improving their community.
MR. FEDER: I'm going to get in trouble on this one, but I'd love
a wall of shame for this, those same people, because I agree with your
sentiment. The reality is though that sometimes we have to pay to be
able to make people in better shape than they were to start with.
COMMISSIONER COYLE: But my point is, we are in severe
financial difficulty.
MR. FEDER: Agreed.
COMMISSIONER COYLE: We have to find ways to save
money, and we're approve- -- we're approving a project that is going
to have a fiscal impact, according to your estimates, of $585,000. You
have reserved that much money for it. The reality is that you might
not have to pay even a fraction of that amount of money to acquire
those easements.
MR. FEDER: And if we don't, those dollars will be available to
move further on the project.
COMMISSIONER COYLE: Okay. Now, what I would like to
know as we go through this process, I would like to know what
property owners are demanding payment for us to improve their
property and protect them from flooding.
MR. FEDER: And you will see that as we come back to you on
any property that we acquire and work through legal and bring them
back to this board. But be more than happy to provide that to you, and
I agree. We are working very hard to try to get these provided to us at
no cost or at very low cost, but we also have to have the provision for
condemnation, should we need it, to be able to move forward on the
project. And we'd be happy to identify for you those specific people
that we had to go through that process.
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December 1, 2009
COMMISSIONER COYLE: Okay.
CHAIRMAN FIALA: Let me ask a question.
MR. FEDER: Yes.
CHAIRMAN FIALA: When you were in Queens Park, did we
have to pay for all of that -- those easements in Queens Park, did we
pay for any? Did we?
MR. FEDER: Yes. Some of them. Let me let Jerry Kurtz speak
to that.
CHAIRMAN FIALA: Just -- and let me just describe what
happened. In Queens Park we had an 80-foot easement there. Most of
these people owned and paid for their entire piece of property, and it
was wonderful. And they paid for it 20 years ago or 15 years ago, and
so they had nice little plantings and so forth because nobody's ever
built, they never thought that easement would ever be taken from
them.
What they were -- what they ended up with was five feet beyond
their pool cage so that when they stepped out they were -- you know,
they had no back yard anymore. In fact, one place we had to go
around their pool cage because it was going right through it. That's
how much of their yard they lost. And -- but they paid for that
property and they paid for the location when they purchased the
property .
Now, I don't know how many we had to pay for, but there is a
loss when you have no yard left. And possibly that would go into this.
So I realize how harsh you feel about this, but also I can understand
the people who purchased the property and they purchased the whole
120 feet, and they're only left with five, you know, so --
COMMISSIONER COYLE: Well, I think there's perhaps a
difference. But if you purchase property and it has an easement on it
and you know it from the very beginning, you don't have a right to
assume that you can always use that property. That is not -- that's the
reason for an easement. The easement is to define what somebody
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December 1, 2009
else can use it for, not what you can use it for.
CHAIRMAN FIALA: And, you know, in most cases, they did
know that there was an easement there. Of course, they'd had it for so
long they didn't realize it would be enacted.
But in some cases where the property was resold and the Realtor
forgot to mention that there was an easement, it came as quite a shock.
And so -- but I'm just trying to give both sides of the --
COMMISSIONER COYLE: Yeah, I understand, but title
searches are normal in real estate transactions. There is nobody who
buys property or should buy property who doesn't do a title search and
get title insurance on it.
So I don't think the other taxpayers in Collier County should be
held up to pay a ransom to improve somebody's community.
CHAIRMAN FIALA: That's a very strong word.
COMMISSIONER COYLE: Well, perhaps it is, but in this case,
are we expanding the right-of-way or are we expanding the easement
at all?
MR. KURTZ: Yes, in this case we are.
COMMISSIONER COYLE: The width is being expanded by
how much?
MR. KURTZ: It varies, but I think -- yeah, take a look at the
slide.
MR. IRELAND: The segments in red are both the temporary
and permanent easements.
COMMISSIONER COYLE: No. I'm talking about the
waterway. You're deepening the waterway.
MR. BRUNDAGE: The canal waterway itself is not being
expanded except over here on the east end it is because the canal
waterway there lies outside of the existing easement.
COMMISSIONER COYLE: Okay.
MR. BRUNDAGE: It narrows down at that -- the easement
actually narrows down at that point, and a portion of it lies outside.
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December 1, 2009
The serpentine maintenance way, that is a new easement, and I
think the width -- bring it up on my plans here.
COMMISSIONER COYLE: Well, okay, okay. Listen, this is
going to take too long.
MR. BRUNDAGE: About 12 feet.
COMMISSIONER COYLE: I would have thought that if you're
estimating $585,000 for acquisition of stuff, you would have known
how much stuff you were going to acquire, but I guess you don't know
that.
So let's move on to the bottom line. I would like a report of what
right-of-way you have to purchase and why.
MR. FEDER: As part of this effort to get you to agree to
purchase or go to condemnation resolution, the graphic you have right
there fully describes the right-of-way that we're going to seek first
donation, then negotiation, and we've been pursuing that, and then, if
need be, condemnation. It is that red section on the one area where the
canals are outside the line, and we need it wider. And it is the potential
of that 12-foot access road that goes around the lakes rather than
having to build and cause environmental problems, causeway across
those lakes.
There is also a temporary easement that we're working for a
staging area. All of those we are going to seek to get at the best cost
to the citizens. Yes, the improvements help these neighborhoods.
They also address the overall basin, two basin areas, and so there is
public need and purpose beyond just the residents in this area.
COMMISSIONER COYLE: Okay. All right. So you'll give us
a report on that, right?
MR. OCHS : Yes, sir.
MR. FEDER: We definitely will.
CHAIRMAN FIALA: And the county attorney has something to
say before I call on Commissioner Halas.
MR. KLA TZKOW: Yeah. And just to help you, Commissioner.
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December 1, 2009
If you go to Page 7 in the executive summary and thereafter, every
tract that we're asking to be acquired and how large it is --
COMMISSIONER COYLE: Yeah, I understand.
MR. KLA TZKOW: -- is set forth.
COMMISSIONER COYLE: Yeah, I understand that, but I did
not really get a final answer about how much of the waterway itself
was going to be enlarged, laterally. I know you're digging it deeper,
but I did not see any indication that it was going to be wider.
MR. FEDER: Overall there are eight parcels of your
condemnation resolution, which is the agenda item before you. Legal
descriptions are provided for all.
The answer to your question is, particularly over there on the
right side of the display that you see is the widening of the canal
beyond the basic 100 feet, the others associated with the service
capabilities and the staging area. But overall I'm told there's eight
parcels, but all of them are in that condemnation resolution with legal
description.
COMMISSIONER COYLE: Thank you.
MR. BRUNDAGE: And I can answer your question about
widening the canal, too. There's two components. The westerly-most
portion of it's going to be widened with a consistent bottom width of
25 feet, and then this area here we pinch down a little bit with the
existing grade situation, and we're going with a minimum of 20 feet in
that area, but it will vary between 20 and 25 feet in this area here.
COMMISSIONER COYLE: Widened beyond the existing
easement width?
MR. BRUNDAGE: Oh, no, sir. There are two --
COMMISSIONER COYLE: That's what I'm getting at.
MR. FEDER: Within, within, Commissioner.
MR. BRUNDAGE: All within --
COMMISSIONER COYLE: If you're staying within the
easement width, you're not taking additional property outside the
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December 1, 2009
original easement.
MR. BRUNDAGE: Except for the portion --
COMMISSIONER COYLE: Except for the pathways, the
maintenance pathways.
MR. BRUNDAGE: Well, and except for the portion on the very
east over here.
COMMISSIONER COYLE: Yeah, I've got that.
MR. BRUNDAGE: Okay. That's it. Aside from that,
everything else, of the canal widening, is within --
COMMISSIONER COYLE: Is within the existing easement --
MR. BRUNDAGE: That's correct.
COMMISSIONER COYLE: -- with those exceptions.
MR. BRUNDAGE: That's correct.
COMMISSIONER COYLE: Okay, good.
CHAIRMAN FIALA: Are you finally finished?
COMMISSIONER COYLE: I just would like an accurate
answer to my questions, and I have it now. Thank you.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: This is a project that's been
ongoing for a number of years, I think. It took us over 12 years or so
just to get the permitting for this.
And one of the big things that we have here in Collier County is
35 years of not addressing flood control, and this is the time that we
need to get this addressed. And obviously it's a lot of money, but the
end result is, we're putting people to work.
And so I think that's the big thing that we need to look at also is
that we're putting people to work. And when you take people's land,
ask them for the land, it's government's responsibility to make sure
that they give them the fair and equitable price for the land that is
there. So I don't have a problem with this. But hopefully we can
move forward with this and get people back to work, and that's the big
thing.
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December 1, 2009
CHAIRMAN FIALA: I have a motion on the floor to approve by
Commissioner Henning, and a second by Commissioner Coletta.
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?
(No response.)
CHAIRMAN FIALA: 5-0.
And we are going to take a break.
MR. OCHS: Ma'am, I'm sorry.
CHAIRMAN FIALA: Yes, sir.
Item #10D
RESOLUTION 2009-289: THE CONDEMNATION OF THOSE
PERPETUAL AND TEMPORARY EASEMENT INTERESTS
NECESSARY FOR THE CONSTRUCTION OF STORMWATER
IMPROVEMENTS KNOWN AS THE
ROYAL WOOD/WHITAKER ROAD PHASE OF THE LEL Y
AREA STORMW A TER IMPROVEMENT PROJECT (LASIP).
(CAPITAL IMPROVEMENT ELEMENT NO. 291, PROJECT NO.
51101). ESTIMATED FISCAL IMPACT: $380,000 - ADOPTED
MR. OCHS: I promise you this next one, 0, it's the same issue,
will take one minute, and then you --
COMMISSIONER COLETTA: Motion to approve.
COMMISSIONER HALAS: Second.
MR.OCHS: You can do that one, then break. Do we need
anything else on the record, Jeff, on 10D? It's essentially the same
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December 1, 2009
thing.
MR. KLA TZKOW: Yeah. It should only take two minutes to go
through the alignments.
MR. IRELAND: I'll make it incredibly brief. As you--
MR.OCHS: For the record, identify yourself.
MR. IRELAND: For the record, my name is John Ireland. I'm
the Associated Project Management with PBS&J, and I'm the lead
designer on Phase II and 12 for the LASIP project, which is the Royal
Wood and Whitaker Road portion.
Here you see several bullet points. Obviously, as Dan went
through, we've evaluated numerous different alignments, and we feel
that this is the least impact to the public, the least impact to the
environment, and the maximum benefit hydraulically to Collier
County's flooding issues in these areas.
What you see there is a color-coded list of the improvements.
We're going to be constructing a very large box culvert in the
north/south region along the property lines of Royal Wood golf course
and several of the other condominium complexes to the west, and then
we're also making improvements on the north side of Whitaker Road,
partially will be open ditch and other sections will be piped. If you
have any questions, I can go ahead and address those.
The easements that we're seeking in order to construct those, the
majority of the work is being done within the right-of-way, but we are
proposing one small temporary construction easement, which you see
in green, over on the top left right here, and that's to connect an
existing storm water pipe to the new pipe.
Weare proposing a 10- foot wide easement because we are
expanding the ditch out of the right-of-way. So because its width is
increasing, we need another ten foot of a permanent easement, and
then we also need a 56-foot-wide easement running north/south in
order to construct a box culvert. And that is being aligned on the
property line in order to minimize an impact to the public.
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December 1, 2009
We've had numerous meetings with Royal Wood, and there is
already an arrangement in place that allows us to do that. I f anyone
has any questions on that, please let me know.
And, again, along the golf course and for constructability, we're
going to also be having a temporary drainage easement that will then
be granted back once construction is completed.
And that's all I have to say. If you have any questions, I'd be
happy to address them.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Could you go back to that slide?
The one just before this. Now you're taking part of their golf course.
MR. IRELAND: We have had about a dozen meetings with
Royal Wood, we've met with their golf course managers and their--
and the -- with the homeowners. And what we're doing is proposing a
box culvert in that area, so that particular hole, hole 13, will be
temporarily out of service. We'll be doing the construction during off
season, and an I,800-foot-Iong box culvert will be built through there.
The one thing that they specifically asked us to do was please
don't touch our green because those are very difficult to regrow. So
we've aligned the box culvert so that we'll only be impacting the
fairway and there'll be no impact to the green, and they are satisfied
with that. And there is a legal agreement that's in place in order to
process this easement. So they are fully aware of the improvements.
We've met with them and addressed all of their concerns.
COMMISSIONER COYLE: Okay, if they're happy with it. I
just would think you could have found a better way to move it a little
further to the east -- or west, but nevertheless, thank you.
MR. IRELAND: You're welcome, sir.
CHAIRMAN FIALA: Do I have a motion to approve?
COMMISSIONER HENNING: You do.
COMMISSIONER COLETTA: We do.
CHAIRMAN FIALA: Who was the motion maker?
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December 1, 2009
COMMISSIONER COLETTA: I was the motion maker.
COMMISSIONER HALAS: And I was the second.
CHAIRMAN FIALA: Okay, thank you. Commissioner Coletta
was the motion maker; the second was 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.)
MR. KLA TZKOW: And just for the record, there were no public
speakers in either of these items.
CHAIRMAN FIALA: Thank you.
MR. IRELAND: Thank you very much.
CHAIRMAN FIALA: Okay. Thank you, gentlemen, and
Margaret.
Okay. We're taking a ten-minute break. We'll maybe even take a
12-minute break; 12 minutes.
(A brief recess was had.)
MR. OCHS: Commissioners, you have a live mike.
CHAIRMAN FIALA: Thank you very much. And we're back in
seSSIOn.
Item #10A
A REVIEW OF THE CURRENT AFFORDABLE HOUSING
IMPACT FEE DEFERRAL PROGRAM AND TO DIRECT STAFF
ON FUTURE ACTIONS - ACCEPT STAFF'S
RECOMMENDATIONS AND PROCEED WITH OPTION #2 TO
THE ADVISORY BOARD AND COUNTY ATTORNEY TO
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December 1, 2009
BRING BACK THEIR RECOMMENDA nONS TO A FUTURE
BOARD MEETING - APPROVED
MR. OCHS: Yes, ma'am. That would take us to your 11 a.m.
time-certain items, Items lOA and B.
lOA is a recommendation to authorize a review of the current
Affordable Housing Impact Fee Deferral Program and direct staff on
future actions.
Mr. Frank Ramsey, your housing manager, will present.
MR. RAMSEY: Good morning, Commissioners. For the record,
Frank Ramsey, your Housing Manager.
The item before you today is a recommendation to approve the
current Affordable Housing Impact Fee Develop Program. And just to
give you a little background about why we're here today, in fiscal year
'08 we had an estimated $2.8 million available for impact fee
deferrals. In fiscal year '09 that number fell to approximately 1.2, and
in fiscal year 2010, this year, we're at approximately 603,000.
These amounts are all based on the previous years' collections, so
clearly we have a declining revenue source here, and we thought it
prudent to bring to your attention for any action you may see fit.
In preparation for this, we developed three options for the board's
consideration, and staff is recommending approval of option number
two.
Your first option as outlined in the executive summary to
suspend or eliminate the program at this time. For fiscal year '10, no
funds have been expended or obligated yet, so this, in effect, would
make the county whole on that 603,000 plus the money allocated for
water and sewer.
Option two, which is the staff recommendation, is we currently
have 36 applications from Habitat for Humanity that are determined to
be eligible. Option number two would be to recommend that you
approve those 36 requests and then suspend the program and direct
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December 1, 2009
your Affordable Housing Advisory Committee to take a look at it and
come back to you with recommendations.
Option number three would be to take no action at this time.
This would simply allow the program to run its course and most likely
obligate all the allocated funds for the program.
That is all I have. I'd be happy to answer any questions you may
have on this topic.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: The applicants you have out
there, you have 36 of them now that have completed the applications
and are here today for final approval by the commission. Is there
anything else in the pipeline?
MR. RAMSEY: No, sir. We had -- the only ones we'll have,
which you would -- you would continue to see regardless of action
taken today, are transfers; and that is, the board has already approved
a deferral to Habitat, for example. When the homeowner comes
along, we've already obligated the funds. So that's what we have in
the pipeline, but no new deferrals, right.
COMMISSIONER COLETTA: So what we're doing here is
we're issuing this to Habitat who, in turn, will issue it to the actual
person that purchases the house?
MR. RAMSEY: That is correct.
COMMISSIONER COLETTA: Right, I understand that. But I
just want to make sure, because I know some people's hopes and
dreams have been tied very closely to this.
Now, the recommendations as far as the program goes, I can
understand option two and I can support option two, and from what I
have heard from people in the industry, they can, too. But my concern
is is that a lot of work went into forming the particular mechanism to
be able to make this possible. And we realize that we're in a time
where situations have changed, that incomes have dried up, that we
have a debt that we're trying to satisfy for impact fees that we never
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December 1, 2009
received, that we anticipated but never got, so I understand why we
need to be able to make sure that we're not committing funds that we
don't have or are already committed in some other direction.
But what I'd like to do is, can you explain to me what happens
with option two as far as the ability three or five years down the road
to be able to resurrect this and go forward? I really am reluctant to be
able to dash this whole program to the rocks at this point in time and
then try to resurrect it sometime in the distant future.
MR. RAMSEY: I couldn't agree more, Commissioner. I would
defer and work with the County Attorney's Office to make sure that
we, perhaps, came back with an ordinance amendment at a future
meeting which would temporarily suspend the program. You have a
nice program in place.
Also, there is some items within the ordinance that could be
improved or modified just from where -- or updated, and this would
allow that opportunity as well.
COMMISSIONER COLETTA: Okay. Well, I'd make a motion
that we go with staffs recommendations for Item 2 and with the
caveat that the county attorney come back to us after hearing from the
advisory group, from the Affordable Housing Advisory group, with
recommendations how to handle the program itself in the future.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: Okay. I have a motion and a second.
We have a speaker. And before I hear from the other
commissioners, let us hear from our speaker.
MS. FILSON: Dr. Sam Durso.
DR. DURSO: Good morning. Obviously you know what
Habitat would like, and we could definitely live with option two and
see what happens going forward. It's just, I was part of all that hard
work that went into getting this ordinance passed, and it was a long
time, lots of people involved, and some day we'd like to see it back in
effect. So -- and, you know, we'll live with it.
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December 1, 2009
The only other point I'd make is if it's not passed, you're not
going to get the money because that would only happen if we pulled
those permits anyways, okay? We can't afford to pull those permits,
of that 600,000, or whatever it is. The amount of money for those 36
permits will only happen if we actually pay the -- you know, if it's not
passed, if we actually pay the impact fee, we'll obviously make a
decision to do that, which would really impact 36 families, so we hate
to see that happen.
You know, we kind of feel there's an oblig- -- there's some
obligation here because we just went by the law that was in effect on
October 1 st when we submitted those applications.
But we understand the economy's horrible, everything's bad, and
we're having tough times, too, and you know -- but we would like to --
we'd be very comfortable with option two, and we'll go forward and
we'll keep struggling.
And, you know, we have changed our we modus of operandi
(sic) tremendously from building lots of new houses to building very
few new houses and doing lots of rehabs, and that's obviously what
we're going to keep doing.
And, you know, I'd like to say it's only going to be for a year.
We know it's going to be for a lot longer than that. So we'll be doing
lots of rehabs and just a small number of new houses, but we'll be
ready to jump in when the market turns around.
Thank you for your help.
CHAIRMAN FIALA: Dr. Durso, have you started building any
of these houses yet?
DR. DURSO: No, they're scheduled to start January 1st. We
can't start. We don't have the permits until this passes.
Okay. Thank you very much.
CHAIRMAN FIALA: Okay, thank you.
Commissioner Halas?
COMMISSIONER HALAS: Yes. I go along with this option
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December 1, 2009
two. Right now we have a glut on the market of affordable housing,
and until -- at such time as we can get that housing off the market,
then I think we need to take -- we can come back and re-examine
where we are to see if we need to reinstitute this.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Yeah. I would just like to
emphasize that the motion does not terminate the program.
MR. OCHS: Correct.
COMMISSIONER COYLE: It is merely a direction to staff to
study the options for the program. The options could be to continue
the program, could be to continue the program at a 50 percent deferral
rate or whatever, or just put a total cap on the program. So let's leave
our minds open with respect to how we deal with it until we get a
report back from all the stakeholders.
And I'd like to make sure we involve all the stakeholders in that
discussion so that we get the best possible decision or
recommendations that we can get.
MR. RAMSEY: Thank you, sir. That's an important
clarification to make so people know.
MR. OCHS: Madam Chair, ifI may, one additional clarification.
Buddy, correct me ifI'm wrong. What we're asking for is to process
those that are in the pipeline, temporarily suspend the program for any
further deferrals while we refer it to the Affordable Housing
Commission for recommendations back to this board along with
consultation with your county attorney. We'll bring that back with
those recommendations, and then the board obviously will do what
they want to do with it.
COMMISSIONER COLETTA: That was the motion, sir.
COMMISSIONER COYLE: That's what the second would like
to do.
MR. OCHS: Thank you.
CHAIRMAN FIALA: Okay. Commissioner Henning?
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December 1, 2009
COMMISSIONER HENNING: What was the advisory board's
position on this item? Which action did they consider?
MR. RAMSEY: The -- well, we did not have time, based on
scheduling, to get this before them for review. But my understanding
was that option two, on at least honoring the 36 in the pipeline, was
agreeable.
MR.OCHS: We didn't take that to them, sir, and that's my fault.
I asked staff to hold off on this item till we could get it first in front of
the board to see ifthere was any interest in exercising one of these
options.
COMMISSIONER HENNING: Oh, okay.
MR. OCHS: You know, in retrospect, we could have taken it to
them first for review, and we'll note that for the future.
COMMISSIONER HENNING: Yeah, okay. That's fine.
MR. RAMSEY: And Commissioner, they are scheduled to
discuss the outcome of to day's events on Monday.
CHAIRMAN FIALA: And I did hear -- I got an email from one
of the board members who had wanted to have a meeting with me, and
then he emailed back and said, as long as you're going in this
direction, I approve of this, and I would think the rest of the board
would, too, and I'm glad that we're going to be discussing it on
Monday. So it seems like they're -- they're familiar with what's going
on anyway.
COMMISSIONER COLETTA: Last--
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah, just very briefly, a point
of clarification.
The people that receive these homes from Habitat for Humanity
can't benefit from the glut that's on the market. They're not
market-ready to be able to go in there and buy these houses. The
banks would never finance them because of low income. Habitat does
its own financing in-house and that's what gets these people in there.
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December 1, 2009
Just something I wanted to get on the record.
CHAIRMAN FIALA: Any further comments?
I have a motion on the floor by Commissioner Coletta, and the
second is by Commissioner Coyle.
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: 5-0.
MR. OCHS: Thank you, Commissioner.
Item #10B
THIRTY-SIX (36) LIEN AGREEMENTS WITH HABITAT FOR
HUMANITY OF COLLIER COUNTY, INC. FOR DEFERRAL OF
100% OF COLLIER COUNTY IMPACT FEES FOR OWNER
OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
LOCATED IN COLLIER COUNTY. (FISCAL IMPACT
$531,498.23) - APPROVED
MR. OCHS: That takes us to your second time-certain item,
which is the companion item, lOB. That is a recommendation to
approve and authorize the chairman to sign 36 lien agreements with
Habitat for Humanity of Collier County, Incorporated, for a deferral of
100 percent of Collier County impact fees for owner-occupied
affordable housing dwelling units located in Collier County.
COMMISSIONER COLETTA: Motion to approve.
COMMISSIONER HALAS: Second.
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December 1, 2009
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: No, that's what I was going to do,
make a motion.
CHAIRMAN FIALA: Okay. I have a motion on the floor by
Commissioner Coletta, second by Commissioner Halas.
All in favor signify by --
MS. FILSON: I have a speaker, ma'am.
CHAIRMAN FIALA: Okay. Speaker?
MS. FILSON: Dr. Sam Durso. Okay. And then could you--
you did it so quickly I didn't hear the first --
CHAIRMAN FIALA: Commissioner Coletta motioned to
approve; Commissioner Halas seconded.
MS. FILSON: Thank you.
CHAIRMAN FIALA: Commissioner Coyle was going to make
a motion, that's why his button was on, and Dr. Durso said he'll waive.
Okay. 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: 5-0. Thank you.
MR. OCHS: Thank you, Commissioners.
10E is a three p.m. time-certain item.
Item #10F
OPTIONS RESPONDING TO A PUBLIC PETITION REQUEST
BY MS. LYNN SMALL WOOD-MCMILLIN WHERE SHE
REQUESTS A WAIVER OF ENFORCEMENT OF THE LAND
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December 1, 2009
DEVELOPMENT CODE RELATED TO SIZE AND LOCATION
OF AN EXISTING OFF-PREMISE DIRECTIONAL SIGN FOR
THE SMALL WOOD STORE, CHOKOLOSKEE, FLORIDA, AND
IN DOING SO CONSIDER THE OPTION OF DESIGNATING
THE EXISTING SIGN AS A HISTORICAL SIGN OR AS A
COUNTY APPROVED HISTORIC MARKER - ACCEPT STAFF'S
RECOMMENDATIONS AS STIPULATED - APPROVED
MR. OCHS: That takes us then to 10F.
CHAIRMAN FIALA: What happens if we're done by three
o'clock before --
COMMISSIONER HALAS: We go home.
CHAIRMAN FIALA: Then we sit around and wait. Yeah, so we
have to come back.
MR. OCHS: I'll talk a little slower.
10F is a recommendation to consider the options to respond to a
public petition request by Ms. Lynn Smallwood McMillan where she
requests a waiver of enforcement of the Land Development Code
related to size and location of an existing off-premise directional sign
for the Smallwood Store, Chokoloskee, Florida, and in doing so,
consider the option of designating the existing sign as an historical
sign or as a county-approved historic marker.
Mr. Joe Schmitt, Administrator of Community Development and
Economic Development will -- excuse me -- Environmental Services,
will present. Sorry Joe.
MR. SCHMITT: That's right. For the record, Joe Schmitt,
Community Development Administrator.
Commissioners, I'm not going to go through the history. You're
well aware of the history on this.
What I provided in the executive summary is all the background,
because there was some misunderstanding, I think, misinformation.
But be that as it may, the information's been provided. Hopefully
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December 1, 2009
you-all got the color copies of the enclosures. That was important.
There were color copies so you could see the difference in colored
signs.
Basically my recommendation is based on your concurrence. I
think if you -- this -- you want to leave this sign in place and there
appears not to be any objection, that you simply designate it as an
off-premise directional marker to a historic site, and we leave it at that.
COMMISSIONER COLETTA: So moved.
COMMISSIONER COYLE: Second.
Let's be more specific. Let's -- if we could, Mr. Motion Maker,
could we say that we're motioning to approve the staffs
recommendation which includes a couple of things?
MR. SCHMITT: Yes, and I wanted to clarify that. Thank you,
Commissioner Coy Ie.
I think the recommendation would have to be that the board
consider designating the existing sign as an acceptable off-premise
directional marker for a historic site, and in doing so, allow it to
remain in the VR zoning district. That's number one. And that we not
amend the LDC.
This is a very specific case. I think it poses a danger. To go in
and take this unique circumstance to amend your LDC only would
create problems -- could create problems in the future. And we will
treat any existing case -- based on your decision here, we'll treat any
existing case for a directional sign to historic site -- which there are
very few, Robert's Ranch maybe being one in the county -- then we'll
use this as precedence to establish how we deal with future cases.
COMMISSIONER COYLE: So that's the staffs
recommendation, and our motion was to approve it.
COMMISSIONER COLETTA: That's my motion.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: So the motion by Commissioner Coletta
and the second by Commissioner Coyle was staffs recommendation;
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December 1, 2009
is that correct?
COMMISSIONER COLETTA: That's correct. The sign stays.
CHAIRMAN FIALA: Okay. Commissioner Coletta, you have
comments?
COMMISSIONER COLETTA: Well, I think we pretty well
covered it, but just basically that the existing sign stays after they
remove the peripheral signs that were on it.
MR. SCHMITT: And they've done that. They've done that.
They're down to the basic sign. They've removed many of the other
periphery that was on the sign, so --
COMMISSIONER COLETTA: Thank you for your good work.
CHAIRMAN FIALA: And I looked to Sue to see if there were
any speakers. There are none.
MS. FILSON: No.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: No, I was just going to make a
motion again, but--
CHAIRMAN FIALA: Okay.
COMMISSIONER COYLE: -- it never does any good to turn on
my light, you see.
CHAIRMAN FIALA: That's right, because you have to wait,
huh? Yeah, okay.
Commissioner Halas?
COMMISSIONER COYLE: It was the first light on, by the way.
CHAIRMAN FIALA: I'm sorry.
COMMISSIONER HALAS: Yes. I understand where staff may
go on this, but I've got a real problem with the material that was
presented to me and the amount of signs that indicate where
Smallwood Store is. It kind of reminded me as I travel up the
interstate, 1-75, and I get near Tennessee, and it says, "Come See Ruby
Falls," and I see a sign every five or six miles.
I feel that the sign ordinance is such that -- I felt that being a state
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December 1, 2009
sign that would be small with an arrow below would be suffice
because I think that fits the category of historical marker instead of
putting a sign on private property.
So I cannot vote for this because I feel that even though you
stated that this is only a one-time case, I feel that once we've given the
permission to have someone else use the sign outside of our sign
ordinance, that just ends up causing additional problems down the
road.
So I feel that if we could look at this and just say we'll give you
another historical marker along with an arrow pointing, that should be
suffice instead of putting up something of this nature on private
property. I just wanted to get that on the record.
CHAIRMAN FIALA: And the only thing that bothered me
about this particular one is we were under the impression or we were
led to believe that this was their only sign. And when we see pictures
of eight signs, and -- but we were led to believe that this was it, it was
a little disturbing to me because I think there should have been more
truthful answers on this.
Okay. I will vote for it because I think Smallwood is a historic
landmark and so forth, but I just wanted to say that if they ever come
before us again, I would hope that they would be more forthright in
their presentation.
So I have a motion on the floor by Commissioner Coletta, a
second by Commissioner Coyle.
All 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: Okay. That's a 4-1 vote. Thank you.
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December 1, 2009
Item #10G
THE ROLES, RESPONSIBILITIES AND REPORTING
RELATIONSHIPS FOR THE POSITION OF EXECUTIVE
DIRECTOR OF THE COLLIER COUNTY AIRPORT
AUTHORITY; THE FORMAL POSITION DESCRIPTION FOR
RECRUITMENT PURPOSES AND THE APPOINTMENT OF AN
INTERIM DIRECTOR - MOTION TO APPROVE DEBBIE
BRUGGEMAN AS INTERIM MANAGER, GOING WITH
OPTION #1 IN THE EXECUTIVE SUMMARY, AIRPORT
AUTHORITY TO BRING BACK TOP THREE CANDIDATES SO
THAT THE BOARD CAN MAKE FINAL DECISION - FAILED
2/3 (COMMISSIONER COLETTA, COMMISSIONER COYLE,
AND COMMISSIONER HENNING OPPOSED); MOTION TO
APPROVE DEBBIE BRUGGEMAN AS INTERIM MANAGER,
START THE PROCESS FOR HIRING A DIRECTOR/MANAGER,
AIRPORT AUTHORITY TO CHOOSE TOP THREE
CANDIDATES AND BOARD TO INTERVIEW IN THE
SUNSHINE FOR FINAL DECISION, AND STAFF TO BRING
BACK SUGGESTIONS AND CHANGES TO OPTION #2 -
APPROVED
MR. OCHS: Commissioners, that takes us to Item lOG. It's a --
to obtain direction regarding the roles and responsibilities and
reporting relationships for the position of the executive director of the
Collier County Airport Authority; approve the formal position
description for recruitment purposes; and authorize the appointment of
an interim director.
Ms. Winona Stone, Assistant to the County Manager, will
present.
MS. STONE: Good morning, Chairman Fiala and
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December 1, 2009
Commissioners. Winona Stone, Assistant to the County Manager.
At your November 10th meeting, the airport authority requested
you to authorize the authority to begin a search for a new executive
director based on the resignation of Theresa Cook. After lengthy
discussion, you directed staff to come back with an item for discussion
for options for consideration for defining the various roles,
responsibilities, and reporting relationships between the BCC, the
airport authority, and the airport authority executive director.
This executive summary before you outlines four options for
your consideration. Option one is to maintain the current structure of
the authority with no changes to the functions or duties of the
executive director with the airport authority recruiting, interviewing,
selecting, and recommending a candidate to you for approval.
The second option is to amend the reporting relationship of the
executive director, situating the positions similarly to that of the
Community Redevelopment Agency boards' executive directors and
having the position report directly to the Board of County
Commissioners acting as the Collier County Airport Authority with
the current authority serving the new board in an advisory capacity
like your current advisory boards.
The third option for consideration would amend the reporting
relationship of the executive director situating the positions similar to
that of an agency director position, having the position report directly
to the county manager or his designee.
And then the final option that staff came up with for you, option
four, would be to outsource the entire airport authority functions and
positions.
I would ask that you direct the county manager as to which
option to implement or provide an alternative direction if you may
have some other suggestions besides what we came up with, and
depending on which option is selected, direct the county manager to
bring back the appropriate documents for your approval and further
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December 1, 2009
direction.
And lastly, we would ask that you -- recommend that you ratify
the airport authority's appointment of Deborah Brueggerman in an
interim status in the position of manager, airport, beginning December
7,2009.
And there are several members of the airport authority here, if
you have any questions for me or you want to just start your
discussion.
CHAIRMAN FIALA: Do we have any speakers?
MS. FILSON: Two.
CHAIRMAN FIALA: Two speakers. Would you call them,
please.
MS. FILSON: Jim Murray?
MR. MURRAY: May I ask that Chairman Meade speak first?
MS. FILSON: I don't have a speaker slip for Chairman Meade.
MR. MURRAY: Okay.
MS. FILSON: After Mr. Murray would be Floyd Crews.
MR. CREWS: I'm going to give my time to Jim.
MS. FILSON: Okay.
MR. MURRAY: Thank you. Jim Murray, member of the airport
authority board. Chairman Meade will speak to our recommendations.
My personal recommendation is to go with option one. We've
been working very effectively. I think that with the help of county
staff, Winona Stone and the County Attorney's Office, we've operated
very efficiently.
I don't believe that adding another layer of government will make
us operate either more efficiently or more cost effectively.
We have a timing issue. The last time we were without an
executive director, we lost at least one grant of -- we need to get this --
to get the approval of a new director going. We think that a search
committee composed -- which Chairman Meade will speak to, will
narrow down our potential candidates to a handful that the board can
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December 1, 2009
look at.
The board always, the Board of Commissioners, always is in
control. You control our funds. I'll remind you, for every buck you
give us, we give you about eight dollars back in federal and state
funds. You control all of our actions.
So this commission is always the ultimate authority, but I think
that taking the time and the effort to change directions when things are
working well is not in the best interest of the commission or the
county. Thank you.
MR. CREWS: You didn't need my three minutes.
CHAIRMAN FIALA: Floyd, did you want to come up and --
MR. CREWS: No, ma'am. He said everything I wanted to say.
CHAIRMAN FIALA: Okay. And Chairman Meade, you were
referred to a few times. Would you like to come up and place your
comments on the record, please.
MR. MEADE: Sure.
As chairman of the airport authority, I'm very biased. I think
we're doing a good job. I think we're doing what you want done. My
concern is the last time that we had to hire an airport manager, it took
us 18 months. I know we lost at least $150,000 in federal money.
We've unanimously appointed Deb Brueggerman to be the
interim director. She has spent -- she has been there four years, has
been very good in finding money, and helping us get the money in as
we needed it.
I've appointed a search committee of the vice-chairman, Mike
Klein, Penny Phillipi, I think it's pronounced, and Winona Stone to
look at the resumes as they come in. We already have two resumes.
Although I know it's -- they're just ahead of the ballgame.
But under ordinance 2004-3, the commissioners' job is to approve
the airport commission to do the search, and we really want to get on
with that. The second part of that 4.3 is that the commissioners
approve the individual who we feel would be best as manager. And
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December 1, 2009
the last part of that is that the board approve the employment contract
that we negotiate with that individual.
In finding an airport manager, the airport executives, the
American Association of Airport Exec- -- okay -- the association has a
designation called an AAE, which is the -- means that the airport
manager is a good businessman and can also manage people. And it's
very hard to get.
And in our criteria, we want somebody who has an AAE or is
working on that. The levels start off, it's called CM. I really don't
know what that stands for, but I will also tell you that a well-known
airport manager here in south Florida has none of those and he's doing
a very good job. So I'm not sure how important that is, but we -- I
think we do want someone with an AAE, if we can find that, and
Theresa had that designation, by the way.
I'm here just to say that we'd like to move on and start our search
for the airport manager. Thank you.
CHAIRMAN FIALA: Which one of these options do you
prefer?
MR. MEADE: The first. I don't see where we're -- personally
don't see where we're doing anything wrong, and I think we've done a
good job, and I think we've been very efficient.
CHAIRMAN FIALA: Thank you. Thank you very much.
Commissioner Henning?
COMMISSIONER HENNING: Well, I feel this wasn't -- won't
be an issue if it wasn't about the Immokalee Airport. I think this is a
result of the Immokalee Airport and it's always been a contention or
an item for discussion.
And I would consider option one once we have things happening
at the Immokalee Airport, but letting the county manager or his
designee handle the airport director would give the board a little bit
more latitude about getting things done at the Immokalee Airport, and
then after we get that done, maybe we can go to option one.
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So I would be in favor of, Winona, I think it was option four?
MS. STONE: The county manager, under the county manager?
COMMISSIONER HENNING: Yes, option three.
CHAIRMAN FIALA: That's three.
MS. STONE: Correct.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Well, I would certainly discard
option four. We're not ready for option four yet, anywhere near it.
Maybe some day in the future. Option four definitely won't work.
And I would agree with Chairman Meade and others that the airport
authority has done nothing wrong. In fact, you've done a lot that's
good, and I like the working relationship we've had.
The problem is that if the airport director works for us and you
select the airport director, it always creates some kind of tension with
the airport director and the people he or she supposedly works for.
I would -- and I'm concerned also about adding another layer of
government to this process, and that's why I prefer option two. And
I'm not at all sure that I would approve it in the final form. But option
two merely says research, research the changes. See ifthere's -- see
what the changes are that are necessary and how those changes would
result in, perhaps, a better reporting and accountability relationship for
the airport director.
So I would like to hear what comes out of option two. When it
comes right down to it, the airport authority board does, in fact, give
substantial direction to the airport director. The airport director feels
that, they experience it, they feel an obligation to do what the Airport
Authority Board wants them to do but yet they work for
commissioners who mayor may not be happy with their performance
and, perhaps, for reasons that are all wrong.
And I think that we should begin the search immediately, if you
will do the search with your own resources and not hire an executive
search firm. I don't think that's necessary. There are enough people
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available in this market, you should be getting a lot of applications.
And we don't need an executive search firm to go look for somebody
for us.
And -- but I feel uneasy that you select the person and then tell us
to hire them and sign the contract. I don't think that's the way it
works. I think you should -- the board should be advisory in nature
with respect to this, and they should give us maybe three qualified
candidates from which we could choose, and that gets at the heart of
the relationship that we're talking about.
And that's why I think if the appropriate changes are made that
use the experience of the members of the -- of the authority board
effectively, that option two might turn out to be the right one.
So I'm going to -- I'm going to suggest that we pursue option two
but authorize the Airport Authority Board to immediately begin the
search and to accept applications, review them, and to forward the top
three applicants to the Board of County Commissioners for a final
decision.
CHAIRMAN FIALA: I n personally I feel, number one, we
should definitely take Debbie Brueggamier -- or Bruegger- --
MS. STONE: Brueggerman.
CHAIRMAN FIALA: -- Brueggerman because she has been
recommended. She's familiar with what's going on. She sees the
things in motion. I don't want to see anything stop, grants that have
been applied for, actions that are being taken over in the Immokalee
Airport, actions that are being taken over at Marco Airport. These
things need to move forward. We don't have time to stop.
Secondly, I think the airport authority has done an outstanding
job. I -- I think that they've led us correctly. They confer with us all
the time. They let us know what's going on. We're never in the dark
about things. The airport manager has also come in and kept us
abreast of what's going on. I like that.
I don't want to be in charge, and I don't think that the county
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manager really wants to. I like to hear from the people who know
airports and who know business at airports, and I like them to report to
me. So I am solidly in favor of option number one. Why fix it if it
ain't broken? So those are my comments.
Commissioner Coletta?
COMMISSIONER COLETTA: Well, kind ofa mixed bag for
me. I listened to Commissioner Henning, listened to Commissioner
Coyle, I listened to you, and there's some things I do agree on.
One, that the airport authority ought to instate the person that
they pick as the interim director; two, that they ought to go forward
with a vigorous campaign to bring in a director that would be possibly
a search firm. I don't want to rule anything out at this point in time. If
you can get enough applicants that are qualified -- and I listened to
Brian earlier today, what he would be looking for, and it sounds
realistic, you know. So I think the search has to get underway.
Also, too, I do agree with Commissioner Coy Ie that there is
nothing out there that we shouldn't consider. And one of the truths of
the matter is, no matter what happens with the airport authority, the
ultimate responsibility falls on our shoulders.
Now, we have a perfect example of how well things work with
an advisory board to the County Commission, and that's our CRAs.
Does anyone know the last time that this commission has overrode a
CRA suggestion? No, we don't. It's because they are so complete and
so thorough and they get a chance to be heard not only before the
CRA advisory group, but again before the commission, and it gives a
chance for more public input. Not saying they'll be the final decision,
but I agree with Commissioner Coyle that we ought to have staff come
back and be able to make a comparison between the two, and then we
can make a judgment decision on what has to be done.
CHAIRMAN FIALA: You know, one of the things that I liked
that the airport authority did last time when they were looking for an
airport director was after they had narrowed it down to a few people,
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they had that open house at one of the airports and let us meet all of
their candidates.
COMMISSIONER COLETTA: Oh, excellent idea.
CHAIRMAN FIALA: I thought that that was a great move
forward, you know, once they've done all of the gleaning, and then
they asked us to make our comments, which we all did. So we had a
hand in the hiring. I liked that process.
Also, I think that you're absolutely correct, Commissioner
Coletta, in saying that we should always be aware of what's going on.
I -- you know, I think that I like them reporting to us, but that's what
they do now.
COMMISSIONER COLETTA: Well--
CHAIRMAN FIALA: They give us reports, they confer with us.
If they're going to be making any decisions, they first come to see us.
And I know we have people on there -- I think you have some special
people on there from the Immokalee --
COMMISSIONER COLETTA: I do.
CHAIRMAN FIALA: -- who come right to you and tell you
what's going on, and they report to us, and that's already the way it
works.
COMMISSIONER COLETTA: I've got to be honest with you.
As far as monthly conferences, it doesn't happen. I don't hear from
them monthly. I get their minutes of what's taking place with the
previous board meeting and the current one. I don't get a phone call
saying, what do you think of this, Commissioner, on this particular
item.
If it was in my agenda book and this was their suggestion, I
would assume that it would be like the CRA, 95 to 100 perce- -- 99
percent would be accepted. I can't ever remember us refusing --
CHAIRMAN FIALA: No, we don't.
COMMISSIONER COLETTA: -- a suggestion from the CRA.
CHAIRMAN FIALA: But then look at the problems we're
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December 1, 2009
having with another committee, and --
COMMISSIONER COLETTA: Who's that?
CHAIRMAN FIALA: -- that's the EMS fire.
COMMISSIONER COLETTA: There's no comparison.
CHAIRMAN FIALA: I mean, we took over with that, and it's --
COMMISSIONER COLETTA: That's no comparison.
CHAIRMAN FIALA: You know, that's kind of like the --
COMMISSIONER COLETTA: That's the opposite end of the
world.
COMMISSIONER COYLE: Nothing compares to that.
CHAIRMAN FIALA: I know. And I just don't want to see that
happening again.
COMMISSIONER COLETTA: It couldn't. There's no
comparison, Commissioner Fiala. It's opposite ends of the world.
COMMISSIONER COYLE: That's right.
COMMISSIONER COLETTA: I mean, it doesn't hold any water
to try to compare two entities that are so far apart. This is a solid
group of people. The EMS --
CHAIRMAN FIALA: Right.
COMMISSIONER COLETTA: -- and the fire group are so
widely spread over some issues, and they have been forever. This isn't
the same. We've got --
CHAIRMAN FIALA: Well, at least --
COMMISSIONER COLETTA: -- a great group of people. I do
think that we can channel that energy very positively. I do -- I would
like to hear the options come back to us.
CHAIRMAN FIALA: Okay. Commissioner Halas?
COMMISSIONER HALAS: First off, Chairman, thank you very
much, and the other speakers, Mr. Murray. I thought you guys did a
commendable job in the last search for Theresa Cook. And as
Commissioner Fiala brought out that -- whereby we had a reception so
that we could talk to each one of these candidates, I think solidified
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December 1, 2009
the direction that we needed to go.
And I can tell you that I would make phone calls to Theresa
Cook and ask her to give me a quick update of what was going on, and
I had no problem with that.
The other thing is that I hope we can find someone as energetic
as Theresa was so that we can move forward with the three airports
that are under the control of the county.
I think that one of the big attributes at this point in time is the
completion of the Marco Island airstrip so that it's safe for all pilots
that either land or take off and that we have a taxiway that's provided
for them, and I feel that with the added taxiway there and the added
tarmac to park other aircraft, the apron there, I believe that the
increase in air traffic not only will constitute higher fuel sales, but I
believe that the landing fees and so on will pay big dividends for
trying to get the Immokalee field up and running the way it should be.
Hopefully we'll be able to come forth with enough funding to get
a tower there so that we'll be in line for even more federal grants to
make sure that we address the concerns there.
I'm very happy with what's going on with the airport authority
and the direction that they give me as a Board of County
Commissioners here, and I kind of lean towards option one. So that's
where I stand on this, and I guess that's up for additional discussion.
CHAIRMAN FIALA: And I just wanted to jump in here. One
of the things I forgot to say when I was speaking is under these
criteria, classifications and so forth that we're looking for for an airport
director or airport manager, I think we should mention in here strongly
that they would have good grant-writing capabilities, because that's
going to be very important for everything that we're doing at all these
airports.
And with that, I'd like to make a motion to approve the hiring of
Debbie Brueggerman to take over in the interim, secondly for the
airport authority to go out and start immediately a search for a new
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December 1, 2009
airport director and, three, to follow option one as our selection.
COMMISSIONER HALAS: Second.
CHAIRMAN FIALA: Okay. I have a motion and a second.
Commissioner Coyle?
COMMISSIONER COYLE: I'd just like a clarification. Are we
going to get to make the final decision from a selection that is
screened by the airport authority, or will the airport authority present
to us their selection for our final hiring? A social setting is not an
effective interview process. It's not open to the public. It's not filmed.
I still think we need to make sure that we get a range of applicants that
we can choose, because the person is going to be working for us; is
that true or not?
CHAIRMAN FIALA: Now when you say range, would you like
to have --
COMMISSIONER COYLE: Top three.
CHAIRMAN FIALA: Oh, okay. You didn't mean the 45
applications?
COMMISSIONER COYLE: Absolutely not.
CHAIRMAN FIALA: Oh, okay. I'm sorry. I misunderstood
what you were saying.
COMMISSIONER COYLE: No. I said earlier that I felt that the
airport authority should present to us the top three candidates from
which we then would choose the one that we would sign a contract
with. I feel very uncomfortable with someone just presenting me with
one alternative.
CHAIRMAN FIALA: I think you're right about that. I think we
all pretty well agree that we would like to make that final decision but
with their input, right?
COMMISSIONER COYLE: Well, they would have given their
input by selecting the first three, and then we make the decision after
that.
CHAIRMAN FIALA: Commissioner Henning?
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December 1, 2009
COMMISSIONER HENNING: I'm not going to support the
motion, and hopefully we'll have an alternative motion for option two.
CHAIRMAN FIALA: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. I'd like to discuss a little
bit more about the -- how they're going to handle the director's search
and the issue of how it comes back to the commission. I agree about
the three candidates, and possibly they might even rank them in order.
I don't know if that would be appropriate or not. It probably wouldn't
be, the three candidates. But I still like the idea of the social setting,
possibly something that's open to the public.
Commissioner Coyle's right, you know, we don't want it to
become an exclusive thing. Actually it has to be duly advertised and
meet all the requirements of sunshine, but I'm sure that could be done.
CHAIRMAN FIALA: Yeah. I think they had to do it last time
because we were all invited.
COMMISSIONER COLETTA: Yeah, but I want to make sure,
like Commissioner Coyle said, about the public being there.
CHAIRMAN FIALA: Oh, yeah. I think that's great. I think
that's good.
COMMISSIONER HALAS: That's in your motion.
CHAIRMAN FIALA: Yes, that will be in my motion.
COMMISSIONER HALAS: Okay. That's my second.
COMMISSIONER COYLE: It's not just being there. How does
the public track our private conversations with these people as we
shake hands and drink coffee with them? Nobody's taking minutes of
any of that. Nobody understands what we're saying.
CHAIRMAN FIALA: What are you trying to say then,
Commissioner? Say it clearly.
COMMISSIONER COYLE: Okay. I'll say it clearly again.
Have all the social gatherings you want to have, but when it comes
time to select the three people, it should be done -- select among the
three top candidates, it should be done in this room in front of these
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December 1, 2009
cameras with the audio for everybody so that they understand what
criteria we are using to select the person who will be the airport
director.
CHAIRMAN FIALA: Very good.
COMMISSIONER COYLE: Okay.
CHAIRMAN FIALA: Very good. And I don't think we have a
problem with that. That's fine. That's a very open, public way of
doing it.
Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. I'm just curious. Is that
the only objection you have with the Item I?
COMMISSIONER COYLE: No. It's not the only objection I
have with the motion. I think option one still leaves us with a problem
that Theresa herself said creates difficulty for the airport director
because she has two bosses, and it creates national friction.
And I believe that we are faced with a situation not only of
getting airports managed properly, three airports managed properly,
but we also are faced with a challenge of business development at
those three airports.
And the airport authority as it currently exists is invaluable to
helping with that, but there is an additional dimension that
commissioners can apply in exactly the way you observed that we
apply it in the redevelopment agencies. We do get involved in the
business development issues. They consult with us and we develop
long-range plans for doing that. It is reviewed periodically and very
clearly.
And I think that it is a lot better if we proceed along these lines.
We, in essence, elevate the issue of the airports to the level of County
Commissioners so that the buck stops here, and if it fails, it fails
because of us. Ifwe don't make appropriate progress, it's because of
us.
We get good advice from the advisers. We would value that just
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December 1, 2009
as we do in the redevelopment agencies, but the final decision is up to
us. And if we fail, people know who is responsible.
CHAIRMAN FIALA: Well, we can write that in there. That's
pretty simple. I mean, if you want to -- if you want to have them work
with their advisory board -- or this new manager work with their
advisory board, and then they come up, and once a month report to us
or once every three months -- maybe they don't need something once a
month or whatever -- and ask us to vote on something, that should be
fine.
COMMISSIONER COYLE: But that's not option one.
COMMISSIONER HENNING: Let's not -- let's not convolute
the issue here.
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: Number one is one. Number
two is number two.
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: So let's vote on the motion and
let's see where it goes.
CHAIRMAN FIALA: Okay. We have--
MR.OCHS: Madam Chair, I'm sorry. I'm sorry to interrupt.
But again, if I might, for a point of clarification under option one, I
think it's important to have Ms. Stone kind of point out what your
requirements are under your current authority ordinance and your
administrative code, which is also referenced in that ordinance with
regard to this one candidate versus bringing multiple candidates in
front of the board.
MS. STONE: Thank you. Yes, the airport authority
administrative code and the resolution 04 -- I'm sorry -- ordinance
04-03 both specifically state the process for hiring an executive
director, and that they make -- the airport authority makes the
selection and then you approve it.
I don't see why the ordinance, which is your ordinance and the
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December 1, 2009
administrative code, which is the airport authority's -- and I believe
you ratify it or adopt it -- why that couldn't be changed to say that the
top three candidates are brought to you.
That's the only thing I'm aware of as far as legally document-wise
that has a restriction on that as of right now.
MR. OCHS: And my only point is, if you want to go to that
process under an option one, we would need to come back, I believe,
and make that modification to the administrative code.
CHAIRMAN FIALA: But we can still go forward and start them
-- start the process, right? I don't want to wait.
MR.OCHS: Sure. I just wanted you to know that we'd need to
come back on the heels of that, perhaps, and get it in concert with your
direction.
CHAIRMAN FIALA: Okay. County Attorney?
MR. KLATZKOW: We will implement your direction whatever
it is. If that requires amending the ordinance, we'll do that.
CHAIRMAN FIALA: Okay, okay. Any other comments?
MS. STONE: Not from me, ma'am.
CHAIRMAN FIALA: Okay, fine. I have a motion on the floor
and a second. Are we all familiar with the motion now that could be
modified as far as the hiring of the three persons? I mean, that's in my
motion, but it -- you'll be bringing us back the paperwork on that,
right.
Okay, fine. Not hiring of three persons. I'm sorry.
COMMISSIONER HALAS: Three candidates.
CHAIRMAN FIALA: Interviewing three candidates.
All in favor, signify by saying aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
Opposed?
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
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December 1, 2009
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Okay. We have three opposed.
COMMISSIONER COYLE: Okay. Can I make another
motion?
CHAIRMAN FIALA: You may.
COMMISSIONER COYLE: Okay. I would like to make a
motion approving the recommendation by the airport authority to have
Debbie Brueggerman serve as interim director. I'd also like to have
the motion include approval to conduct the -- an immediate search for
an airport director and to make necessary revisions to our
administrative code and our ordinance as necessary to allow for the
airport authority to provide the board the top three candidates from
which the board will make the final selection.
And then I would like to have the motion provide guidance to
staff to research option two and provide to us the necessary changes
that might be required in order to implement the recommendations of
option two.
COMMISSIONER HENNING: Second.
CHAIRMAN FIALA: Okay. I have a motion, and second by
Commissioner Henning.
Winona, may I ask you a question?
MS. STONE: Yes, ma'am.
CHAIRMAN FIALA: Will this then -- what will this do to the
Airport Authority Board?
MS. STONE: Coming back with just staff comments on what
would be changed, what I would imagine is that we work with -- the
County Manager's Office would work with the county attorney and go
through the ordinance and work on that. But if you're going to have
them report directly to you and be an advisory board for option two, or
you just want us to come back, I believe, with the suggestions on how
it would work?
COMMISSIONER COYLE: That's exactly all I'm saying. I'm
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December 1, 2009
not suggesting we try to change it at this point in time. I'm merely
saying, come back to us and tell us what option two involves.
MS. STONE: Okay.
COMMISSIONER COYLE: And the changes that would be
necessary, and at that time we'll have a chance to debate it again, and
if there's something objectionable, everybody will be heard and may
or may not approve it.
CHAIRMAN FIALA: Okay. And my concerns -- my main
concerns are that each one of us has a different concept of what an
airport should be. You, because you fly in and out of them and you
know very well those things. You, because you want to see a business
started at your airport. Me, because I want to see Marco Island
Airport finally move ahead. It's been stifled for so long.
And so there are -- you know, you have so many different
opinions, and I love having an Airport Authority Board who covers all
of that, and -- because we don't know how long we're going to be here,
and I like that.
And I'm concerned with minimizing or watering down their
option to come back to us -- but as long as it's going to come back to
us. I'm very concerned about that, but I'd -- I will listen to all the
options as long as we can move forward with this process, because
we're not making a decision on the option right now, correct?
MR.OCHS: Correct.
CHAIRMAN FIALA: Okay. I have a motion on the floor and a
second.
Commissioner Coyle, did you want to say anything else?
COMMISSIONER COYLE: No, that's all.
CHAIRMAN FIALA: Okay.
COMMISSIONER COYLE: Don't encourage me more.
CHAIRMAN FIALA: Oh, I don't want to.
COMMISSIONER COYLE: Okay.
CHAIRMAN FIALA: Next thing I'm going to do is haul out the
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December 1, 2009
timer.
COMMISSIONER COYLE: As long as you apply it to
everybody, that's okay with me.
CHAIRMAN FIALA: All those--
MS. STONE: Commissioner, could I ask for clarification?
COMMISSIONER HENNING: That includes staff, too.
COMMISSIONER COYLE: Yes, exactly.
CHAIRMAN FIALA: Go ahead.
MS. STONE: Okay. On the, conduct the immediate search,
earlier you said, but not use a firm. Are you still opposed to that?
There -- that's how Theresa was hired and taken away from us by --
five different airports wanted her, so -- she actually recommended to
me that we utilize that to -- they act really quick, so --
COMMISSIONER COYLE: Could I answer that question, since
I made the motion?
CHAIRMAN FIALA: Yes.
COMMISSIONER COYLE: Under normal circumstances, I
would say, by all means use a search firm. These are not normal
circumstances. A search firm costs money.
I f we can get enough applicants to make the airport authority feel
comfortable that they have a good pool of people to choose from, then
I would prefer to try that first. I f they feel they're not getting the
quality applicants, I wouldn't have any hesitation to trying to find the
money to pay a search firm.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Mr. Meade, do you think that you
have the ability to find someone of high quality that we really -- that
we really need in this county to run three airports without going
through a search firm? Do you feel you have that capabilities?
MR. MEADE: Since Theresa was hired, the -- there's now a
website by the American Association of Airport Executives. And a
few things I've found out, we will list the job criteria on that website,
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December 1, 2009
and I've also found out a lot of people read that. And we will get
resumes from that.
If we don't get the resumes we need -- enough we need or the
quality that we need, then I don't think we have any choice but to use
a professional firm. And I would like you to know that we have
money set aside for -- to hire a firm if need be. But I'd like to try the
website first and see what happens.
COMMISSIONER HALAS: Okay. Thank you very much.
CHAIRMAN FIALA: Just kind of what you said, their best--
choose the way they feel best we could move forward, and it looks
like they pretty well put that together, which then aligns itself with
Commissioner Halas' suggestion.
COMMISSIONER COYLE: Commissioner Coyle's.
CHAIRMAN FIALA: Oh, yeah. Whatever your name is, Coyle.
COMMISSIONER COYLE: Thank you. Can we get a name
card for my position here? Maybe put it here so it can be read by the
chair.
MS. FILSON: Yes.
CHAIRMAN FIALA: Big, big letters.
COMMISSIONER HENNING: Put little lights on it and make
them flash, twinkle.
COMMISSIONER COYLE: Yes.
CHAIRMAN FIALA: 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, like sign?
(No response.)
CHAIRMAN FIALA: Okay. That's a 5-0. So you will be
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December 1, 2009
coming back with recommendations on options, right, specifically on
two?
MR.OCHS: We'll be coming back analyzing what changes need
to be made under option two if the board chooses to move forward
with that vein.
CHAIRMAN FIALA: Okay, very good.
Now it looks like we have nothing left, so we go to lunch, right --
COMMISSIONER HENNING: Yeah.
CHAIRMAN FIALA: -- until one o'clock, and then we come
back at one o'clock.
MR.OCHS: Very good, thank you. We do have a few more
items left.
CHAIRMAN FIALA: We have a time certain for Siena Lakes.
(A luncheon recess was had.)
CHAIRMAN FIALA: Everyone, would you take your seats.
Thank you. Our meeting is back in session. Thank you for joining us
this afternoon.
Item #8A, #8B and #8C (DISCUSSED AS A GROUP)
Item #8A
ORDINANCE 2009-65: PUDZ-2008-AR-14091, LCS-
WESTMINSTER NAPLES LLC, REPRESENTED BY ROBERT
DUANE, AICP OF HOLE MONTES AND RICHARD D.
YOV ANOVICH, ESQ., OF COLEMAN, YOV ANOVICH AND
KOESTER, A REZONE FROM THE ORANGE BLOSSOM
GARDENS PLANNED UNIT DEVELOPMENT (PUD), THE OAK
GROVE PUD, AND THE AGRICULTURAL (A) ZONING
DISTRICTS TO THE COMMERCIAL PLANNED UNIT
DEVELOPMENT (CPUD) FOR A 764,478 SQUARE-FOOT
CONTINUING CARE RETIREMENT COMMUNITY (CCRC) TO
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December 1, 2009
BE KNOWN AS THE SIENA LAKES CCRC CPUD. THE
APPROXIMATELY 29.25-ACRE SUBJECT PROPERTY IS
LOCATED ON THE NORTH SIDE OF ORANGE BLOSSOM
DRIVE, APPROXIMATELY 1,000 FEET EAST OF AIRPORT
ROAD (CR-31) AND WEST OF LIVINGSTON ROAD (CR-881)
IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST OF
COLLIER COUNTY, FLORIDA (COMPANION ITEM TO ITEM
#8B PUDA-2008-AR-14090 AND ITEM #8C PUDA-2008-AR-
14092) - ADOPTED W/STIPULATIONS
Item #8B
ORDINANCE 2009-66: PUDA-2008-AR-14090 LCS-
WESTMINSTER NAPLES LLC, REPRESENTED BY ROBERT
DUANE, AICP, OF HOLE MONTES, INC. AND RICHARD D.
YOV ANOYICH, ESQ., OF GOODLETTE, COLEMAN,
JOHNSON, YOV ANOVICH AND KOESTER, AN AMENDMENT
TO THE OAK GROVE PUD (ORDINANCE NO. 98-71) TO
DELETE APPROXIMATELY 6.13 ACRES. THE SUBJECT
PROPERTY IS LOCATED IN SECTION 1, TOWNSHIP 49
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA
(THIS IS A COMPANION ITEM TO ITEM #8A PUDZ-2008-AR-
14091 AND ITEM #8C PUDA-2008-AR-14092) - ADOPTED
W/STIPULATIONS
Item #8C
ORDINANCE 2009-67: PUDA-2008-AR-14092 LCS
DEVELOPMENT LLC, REPRESENTED BY ROBERT DUANE,
AICP, OF HOLE MONTES, INC. AND RICHARD D.
YOV ANOVICH, ESQ., OF GOODLETTE, COLEMAN,
JOHNSON, YOV ANOVICH AND KOESTER, AN AMENDMENT
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December 1, 2009
TO THE ORANGE BLOSSOM GARDENS PUD (ORDINANCE
NO. 92-75) TO DELETE APPROXIMA TEL Y 5.85 ACRES. THE
SUBJECT PROPERTY IS LOCATED IN SECTION 1, TOWNSHIP
49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA
(COMPANION ITEM TO ITEM #8A PUDZ-2008-AR-14091 AND
ITEM #8B PUDA-2008-AR-14090) - ADOPTED
W/STIPULATIONS
MR. OCHS: Commissioner, that takes you to your advertised
public hearings portion of your agenda. You have Item 8A, B, and C
all related. I'll -- I'm going to ask the county attorney, ma'am, with
your permission, to see if we should hear them as a group, Jeff, and
vote separately on each, or what's your recommendation?
MR. KLATZKOW: Yeah, you should hear them as a group
because, you know, two of the items require acreage to put into a
third. So you're going to have to approve either all of them or none of
them at the same time. You can do it by separate motions or by one
motion; it doesn't matter.
CHAIRMAN FIALA: Doesn't matter; we can do all three with
one motion if we --
MR. KLATZKOW: Yes.
CHAIRMAN FIALA: -- if we suggest -- if we say that in all
three?
MR. KLATZKOW: Yeah.
CHAIRMAN FIALA: Okay, okay.
MR.OCHS: Okay, ma'am. Item 8A. This item was continued
from the September 15,2009, BCC meeting. This item requires that
all participants be sworn in and ex parte disclosure be provided by
commission members.
It's PUDZ-2008-AR-14091, LCS-Westminster Naples, LLC,
represented by Robert Duane, AICP, of Hole Montes; and Richard
Y ovanovich, Esquire, of Coleman, Y ovanovich, and Koester, is
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December 1, 2009
requesting a rezone from the Orange Blossom Gardens planned unit
development, the Oak Grove PUD, and the Agricultural A zoning
districts to the commercial planned unit development, CPUD, for a
764,478-square-foot continuing care retirement community to be
known as Siena Lakes CCRC CPUD.
The approximately 29.25-acre subject property is located on the
north side of Orange Blossom Drive, approximately 1,000 feet east of
Airport Road and west of Livingston Road in Section 1, Township 49
south, Range 29 east of Collier County, Florida. And as I mentioned,
the companion items are 8B and 8C.
CHAIRMAN FIALA: Do we have any speakers on this as well?
MS. FILSON: Four.
CHAIRMAN FIALA: Four speakers, okay.
Will the petitioner present please.
MR.OCHS: Swear in.
CHAIRMAN FIALA: Oh, yeah, thank you. Good thing he
knows the process a little bit better than most.
We'd like to swear in everyone who wishes to speak on this
subject, will you-all please stand; anybody who is signed up to speak.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN FIALA: Okay. Commissioners, let's start with
Commissioner Coyle.
COMMISSIONER COYLE: I'll wait for after the presentation.
CHAIRMAN FIALA: No. Start with you, ex parte.
COMMISSIONER COYLE: Oh, I see, okay. Well, in that case,
I have met with Mr. Rich Yovanovich, Steve Norrins (phonetic), Ross
Nichols, Terry Cole, Craig Davison, who are all the petitioners or
representatives of the petitioner, for all three of the items, 8A, B, and
C.
I have also received correspondence, emails and telephone calls
in reference to this petition.
CHAIRMAN FIALA: Okay. Commissioner Halas?
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December 1, 2009
COMMISSIONER HALAS: Yes, thank you very much. I met
with Rich Yovanovich, Steve Norris (sic), Craig Davison, Ross
Nichols, and I met with Maryellen Porta, I met with Rich Y ovanovich,
Steve Norris (sic) again, and KP Pezeshkan and Terry Cole. That was
-- and Joe Beaker (phonetic). That was 10/8/09.
The other one where I met Rich Y ovanovich was 10/14/09. And
I met with Joe Beaker, Terry Cole, and Rich Y ovanovich again on
1 0/21/03 (sic).
I received -- I had meetings, correspondence, much emails, and
some phone calls on this whole issue. And everything is in my packet
here if anybody wants to see all the information.
CHAIRMAN FIALA: Thank you.
And Commissioner Henning?
COMMISSIONER HENNING: Madam Chair, I received the
Planning Commissioner's (sic) report, planning staffs report, met with
Mr. Y ovanovich and the petitioner, I spoke to Bob Duane, received
numerous email correspondence, written correspondence, and phone
calls.
CHAIRMAN FIALA: Okay, thank you.
Commissioner Coletta?
COMMISSIONER COLETTA: Well, besides meeting with staff
and Mark Strain, also met with Mr. Y ovanovich and the petitioners
and have had correspondence, numerous correspondence, emails, and
phone calls, and it's all in my folder for anyone that wished to view it.
CHAIRMAN FIALA: Thank you. And I, too, have met with
staff. I've gone to see the property. I've met with Mr. Y ovanovich,
and Mr. Norrins, and the other parts of the petitioners. I'm sorry, I
don't have everybody's names here, but I met with them, and I also
have all of the correspondence that I've received, emails, as well as
phone calls, and everything is here for public viewing. Thank you.
You may begin.
MR. YOV ANOVICH: Thank you. Good afternoon. For the
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December 1, 2009
record, Rich Y ovanovich on behalf of the petitioner, Life Care
Services.
With me today to answer any questions you may have is Steve
Norrins with Life Care Services; Russ Nichols with Life Care
Services; Craig Davison with Rink, who's the architect for the project;
Bob Duane with Hole Montes, who's the professional planner on the
project; Terry Cole with Hole Montes who is the engineer on the
project; and Ted Triesch with TR Transportation, who is the traffic
consultant for the project.
I'll do a project overview and then open it up to any questions
you may have of me or anybody else on the project team. The
property is located, I would guess, about midway between Airport
Road and Livingston Road on Orange Blossom Drive. It is actually a
compilation of three different zoned pieces of property. About six
acres is zoned Orange Blossom PUD, and there are two owners of
that, the Greek Church, and Mark and Uni Bates (phonetic). There's
about a 20-acre agriculturally zoned property also owned by Mark and
Uni Bates, and finally a portion of the project in which Bridgewater
Bay has been developed, about a five-acre piece of that.
So there's a total of about 30 acres. Three rezone requests in
front of you today to go to one PUD for a continuing care retirement
community.
The actual applicant Life Care Services. And as many people
know, Life Care Services is one of the leaders in the CCRC industry,
and CCRC means continuing care retirement community. They've
been in business for 40 years and are experts in developing and
managing senior living communities.
For those who haven't been at any of our presentations, they
currently own and manage 10 CCRCs and manage another 86 CCRCs.
LCS manages over 23,000 independent living units, assisted living
and skilled nursing beds, and has over 17,000 employees.
They're not new to Naples. They're the original developers of the
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December 1, 2009
Moorings Park community, so they have experience here and
throughout the country in constructing and managing continuing care
retirement communities.
A continuing care retirement community is a place where
residents can age in place. You can come in at any stage, but typically
you'll come in healthy, live in the independent living units. You're
typically about 78 years old when you move in, and then you'll -- you
can progress to an assisted living bed or a skilled nursing bed should
you need those services.
So once you move in you don't have to move out to get any of
the more intense health services. So they're communities where
people plan for their future and where they want to be.
This particular request, which I have on the visualizer, is for 340
independent living units, 20 assisted living beds, 45 skilled nursing
beds, and 15 memory dementia beds. So there are 340 independent
living units and then 80 beds for those who need more health services
than the independent living units.
We're asking for a floor area ratio of .6, which is consistent with
the last few independent and assisted living facility projects that
you've heard. And the main reason for that is, is that when people are
moving into these facilities, they want to basically move into the site,
same type of unit that they have when they were living in their
condominium or their home. They want the spaciousness that they're
used to having.
So the units are bigger than the older independent living units,
and so are the amenities that go with the continuing care retirement
communities. There's a clubhouse, there's a wellness center, there's
various or several eating opportunities.
So the -- between the size of the units and the level of amenities,
the old .45 floor area ratio that's in the Land Development Code really
doesn't provide the level of services that the community wants when
they're moving into a continuing care retirement community.
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December 1, 2009
The proposal you have in front of you today, I think, is a little bit
unusual because you're actually seeing the end product on the master
plan for the PUD. A lot of times we come to you with a conceptual
master plan, we tell you we think the buildings are going to be here,
we give you the development standards, but we don't actually site the
buildings on there for people to see what the end product is going to
be.
LCS has spent a lot of time looking at this property and taking
care and designing this master plan that's in front of you.
I'll walk you through it briefly. But to the north -- you'll keep me
honest on the directions. To the north is the Lakeside community, and
to the east is Bridgewater Bay. On our master plan you'll see -- these
are the villa products. It's a three-story product, and over here is the
skilled nursing facility, which is a two-story product.
We put the three-story and the two-story product up against
Lakeside because Lakeside also has two-story and three-story product
adjacent to us. So we wanted to put like product next to like product.
As you move closer to Orange Blossom Drive, you'll see our
commons area, which is also two stories, and then you'll see -- and I'll
show you another exhibit -- but you'll see our independent living is
this building, commons area, and then you move towards independent
living again.
And it ranges in height from five stories, which is four stories
over one of parking, to two stories for the commons area, then we
have some three-story portions, and then we have some four-story
portions within that building.
So that building is not uniformly five stories in height nor is it
uniformly up against the road at that five-story height. As you can
see, there's a portion that parallels Orange Blossom, then it steps back
further away, and then another portion of that parallels. So we broke
up the building to break up the massing of the building.
I want to show you some of the setbacks from our neighbors to
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December 1, 2009
better illustrate the distances between our various types of buildings
and our neighbors.
We have our -- again, our two-story product and three-story
product. I'm not going to spend a lot of time on the setbacks and
distances for that because of the similarity to what we're adjacent to,
but when you start looking at the four- and five-story elements of this
project, you'll see at this very corner, which is the closest corner to
Lakeside, we're 324 feet from our own property line. So we're more
than a football field away from our property line for that very corner
of the tallest portion of the building.
Likewise, when you're looking at comparing where we are to a
building in Lakeside, you'll see at this portion of the, you know,
five-story building, we're over 547 feet away from the Lakeside units.
And as you'll notice, the Lakeside units -- and I'm sure most of you,
or all of you have been in Lakeside -- they have the nice, big, beautiful
lake, so their units go around the lake.
So their front doors are, you know, facing their own roadway, but
the back of their units, where I guess most people would live and
enjoy the view of the lake, are facing away from our product.
So from a view perspective -- and I can show you view corridors
if you want to see them later -- there is no real impact to their view
from this community.
What we've also done is we have an enhanced landscape buffer
across the rear of this project to provide additional enhancements as
far as providing separation for the two communities, our community
from theirs and their community from ours for both aesthetic reasons
for us and aesthetic reasons for them.
Similarly, on Bridgewater Bay, we have three-story product near
us, and they're a two-story product, and we have a small portion of an
independent living building about 187 feet from this building right
here. And, again, it's oriented to where it's not really viewing into the
four-story building.
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December 1, 2009
So we took a lot of care on how we were -- we were laying out
the site and -- for the master plan on the PUD. And again, this is --
this is to scale, and what you see is what you will get with this
particular product.
When we were in front of the Planning Commission, we had had
a request for our five-story buildings, the zoned height of 60 feet --
actual height of 69 feet was what we presented to the Planning
Commission. We have since reduced the building height request.
We've gone to a mansard roof to tippy-top, as Commissioner Halas
always asks me, is 60 feet, and zoned height is 53 feet for the
five-story portion of the building.
The three-story buildings closest to Lakeside are 41-and-a-half
feet zoned and 48 feet actual height next to Lakeside.
So we've reduced the building height along the taller portions of
the product in response to concerns we heard from the community
about the height of the building.
If you'll notice on the setback document that's in front of you,
you'll see that at the very corner of the closest building we're 68 feet
away from the proposed Orange Blossom right-of-way, so we have a
-- more than a one-to-one setback for actual building height to the
future built-out four-lane condition of Orange Blossom.
In its current condition, we would be 108 feet. But we've
committed to reserving 40 feet for future four-laning of Orange
Blossom. So we wanted to give you the worst-case scenario of how
close the building would be out in the future if and when Orange
Blossom is ever four-Ianed. So we have a setback of at least one foot
of height for every one foot of actual building height.
We also made a significant change to the landscaping along
Orange Blossom Drive. We had heard concerns about what would be
the visual impact of these four- and five-story buildings along Orange
Blossom Drive. We previously -- we're pretty proud of the
architecture and had had less landscaping out on Orange Blossom so
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December 1, 2009
you can actually see the pretty buildings that this project would have.
We heard from the community that they were more concerned
about the aesthetics from Orange Blossom, and so we increased the
landscaping significantly along Orange Blossom Drive to where you'll
have very filtered views of the buildings that will be behind this nice
landscaping.
And if you've ever driven up Goodlette-Frank Road by Moorings
Park, as you're coming up Goodlette-Frank Road, you can see the
maturity of that landscaping and that you can hardly see the five-, six-,
and seven-story -- I think we even have some eight-story buildings in
Moorings Park from Goodlette-Frank Road.
So we've changed the landscaping significantly on Orange
Blossom to where it's very appealing, and that's in the after condition
where you have your four-Ianing of Orange Blossom.
In addition to the project that I've described, we've been working
with your transportation staff regarding traffic impacts of the project.
We have gone, I believe, above and beyond mitigating for our project.
We've agreed to pay our fair share of the transportation improvements
to the intersection of Airport and Orange Blossom with no impact fee
credit for that. We've agreed to pipeline our road impact fees. When
we come in for the first phase we will also pay our road impact fees
for the second phase, so we'll be putting in about an extra $400,000 so
the county can do all of the intersection improvements at Airport Road
and Orange Blossom at one time so you don't -- so as other projects
come on, you're not always working in the intersection.
So we've agreed to front-load our road impact fees to assist the
county in addressing that intersection, not only for our project but for
other projects that are coming online and, frankly, for projects that
have already been approved. That intersection needs works, and we're
going to front-load the money so the intersection can be taken care of.
I mentioned the intersection, the paying our fair share of the
intersection improvements. We've also agreed to reserve 40 feet for
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the expansion of Orange Blossom Drive and sell it to the county for
less than we're actually paying for it. So we've -- selling it to the
county for half of what we're paying for the land, so the county's
saving about $157,000 for that.
And finally -- and I think this has kind of been a double-edged
sword. We've agreed to construct an ingress and egress road for a
second access point for the Lakeside community, and it would be both
ingress and egress, and there would be a sidewalk on one side of the
road to allow, you know, both vehicular and pedestrian access to the
Lakeside community, and would give them a second means of ingress
or egress if they want.
We will build it. They may decide never to connect to it, but the
community may decide to connect to it, but it will be there and
constructed on our -- my client's property at my client's expense.
As I mentioned earlier, LCS is, you know, an experienced
provider of continuing care retirement communities throughout the
country, and this project, I think, is a -- economically a good project
for Collier County. I think it's a high-end project, keeping in with the
character of Naples and Collier County.
The construction cost of the project alone for Phase I is $120
million. We've already retained the services of Kraft Construction to
do the work. I think if you do the typical multipliers that you see with
$120 million construction project, the economic impact can easily be
150-, 160,000 -- 150-, $160 million. And then once the community is
up and running, they'll be creating another 200 jobs for nurses and
other -- other ranging from, you know, people who are taking care of
the rooms all the way up to high-wage-paying jobs for nurses and
engineers and others.
So there'll be an annual ongoing operating budget of 15 million,
$16 million. And, again, with the multipliers, that easily can translate
into 20 to $30 million of economic impact for a good quality project.
The Planning Commission recommended approval 6-2 for the
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project. Your staffis recommending approval. We're requesting that
the board approve all three of the rezone applications in front of you
today.
We're comfortable with the ordinance that's in your packet, and
we would request that the Board of County Commissioners approve
all three rezone requests. And we're available to answer any detailed
questions you may have regarding the project.
CHAIRMAN FIALA: Can we hear from staff?
MR. MOSS: Thank you, Commissioners. For the record, John
David Moss, Department of Zoning and Land Development Review.
As Mr. Y ovanovich stated, staff is recommending approval of all
three petitions that are before you today; however, I did want to make
some clarification regarding the deviations that are being requested
with the Siena Lakes application because there seems to be some
confusion, and rightly so, because a lot of the deviations changed from
the time that the staff report was written until today.
Deviation one is very straightforward, and that didn't change.
But deviation two was seeking relief from the requirement to provide
five-foot sidewalks and bike lanes to be constructed within a site on
both sides of the right-of-way.
The applicant was recommending that that requirement be
waived. But an agreement was reached that they would provide the
proposed sidewalks and make them six feet in width rather than the
normally required five feet in width so that they could put them just on
one side of the right-of-way.
Deviation three did not change and is very straightforward.
CHAIRMAN FIALA: Let me stop you for just a second.
MR. MOSS: Yes, ma'am.
CHAIRMAN FIALA: And so staff approved that --
MR. MOSS: Yes, ma'am.
CHAIRMAN FIALA: -- and so did CCPC, right?
MR. MOSS: Yes. We came to an agreement on that, and so
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staff and CCPC are recommending approval of one, two, and three.
It's deviation four that has been a bone of contention. Staff
recommended denial of this deviation, which requested that the
right-of-way width be reduced from 60 feet to -- originally 24 feet for
the access easement that's located on the western boundary of the
property. I don't know if it would be helpful if} put the master plan
up or if you-all are already familiar with this.
CHAIRMAN FIALA: You can put it up for our viewers.
MR. MOSS: Along the western boundary of the property you'll
see that there's an access easement. And the reason this easement --
CHAIRMAN FIALA: Could you point to that, please. Thank
you.
MR. MOSS: And the reason that's located there is because the
applicant did not want to provide inter-parcel connections with
adjacent properties, which is a requirement of7.3 of the GMP. And so
it turns out though that transportation thought that this would provide
a public benefit to the other projects coming in further west.
And so staff was okay approving this deviation; however, we still
wanted to have the inter-parcel connections for pedestrians and
bicyclists. They did provide an access -- or excuse me -- a multi-use
pathway along with an access road, but there aren't any connections to
it from within the development to access it.
So if someone, for instance, wanted to go to church and they
lived in the western portion of the property, they went to St.
Catherine's church, which is further west, they'd have to leave the
property through the main entrance and walk all the way around to the
west rather than just being able to head directly west and use the
access easement that's already there.
So that is one thing that staff wanted to ensure is that at least
these pedestrians and bicyclists could use this access, because it is
shown to be gated. I should have made that clear. It's shown to be
gated and it states on the plan that it's only for service vehicles, so this
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December 1, 2009
isn't going to be open to other vehicles, just to service vehicles.
So if the applicant is willing to provide vehicular and pedestrian
access to this pathway on this access road, staff will recommend
approval of this deviation as well.
Finally deviation five. Staff had originally recommended denial
of this deviation, which requires five-foot sidewalks and bike lanes to
be constructed on this access road. But again, the applicant did agree
to provide a multi-purpose pathway here for both bicycles and
pedestrians, and staff was satisfied with that, since this access road
would provide a public benefit.
And finally deviation six requested relief from the requirement to
provide a 20-foot-wide Type D landscape buffer adjacent to any
external right-of-way. This refers to the access again. And because it
was going to be providing a public benefit, according to
transportation, staff agreed to let them narrow the required buffer from
20 feet to 15.
As Mr. Y ovanovich mentioned, the CCPC did recommend
approval of this petition and voted 6-2 in favor of it. Staffis also
recommending approval with that one stipulation. I don't know if I
should touch on any changes to the other two petitions or if we're just
looking at Siena Lakes project now, but I can touch on those if that
would be okay.
CHAIRMAN FIALA: You might as well, because we're going
to vote on all three of them at one time.
MR. MOSS: It's really very simple. I just wanted to put on the
record that the Planning Commission did vote unanimously 8-0 for the
Orange Blossom Gardens PUD amendment, and I just wanted to note
that the master plan has changed from the one that you have.
Originally there was a 24-foot-wide access. The access easement
that they're proposing is -- was going to be 24-feet wide. But as I
mentioned earlier, they did expand it to 30 feet. So there's just a really
minor change on the master plan which we'll have to make after the
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hearing. But I just wanted to bring that to your attention, and I'll point
it out to you so you can see it. It's just that 24 foot needs to be
changed to 30.
And then finally, on the Oak Grove PUD amendment, the CCPC
also recommended approval unanimously 8-0 subject to the one
stipulation that's contained in your executive summary. And I will try
to answer any questions you may have.
CHAIRMAN FIALA: Right now we have none. We're going to
hear our speakers.
MR. MOSS: Very good.
MR. YOV ANOVICH: Do you want me to answer JD's question
real quick before we do the speakers?
CHAIRMAN FIALA: You can. Go ahead.
MR. YOV ANOVICH: We don't -- and I think JD and I had a
failure to communicate. We don't have any objections to our
pedestrians, bicyclists, and vehicles connecting to the interconnecting
road.
MR. MOSS: Okay.
MR. YOV ANOVICH: So if we need to change any language to
do that, we don't have an objection to that.
MS. MOSCA: Okay. Very good.
CHAIRMAN FIALA: Okay. Very good.
MR. MOSS: Yeah. I'll just recommend that it be depicted on the
master plan.
MR. YOV ANOVICH: Okay, great.
MS. FILSON: I now have five speakers, Madam Chairman.
CHAIRMAN FIALA: Okay . Would you call them, please.
MS. FILSON: Tom Empry (sic). He'll be followed by Linda
Sullivan.
MR. EMPRIC: Good afternoon. My name is Tom Empric. I'm
the senior vice-president with Kraft Construction. And I'm here today
to hopefully give you information as it relates to our part of the
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December 1, 2009
project, and that's the construction of it.
I think everybody realizes that in today's economic environment
one of the areas that's been hit hardest is the construction industry.
Some facts about this job that I think hopefully will shed some
light on why we're here in support of it, other than the fact that we've
been awarded the job.
We're looking at this project, when it gets started, we'll have an
average of about 300 men per day working on that for 18 months.
And most of those people, most of those subcontractors that are going
to be involved in this project, are going to be right here from Collier
County. I think that that's extremely important in today's
environment, and I think that it will -- it will add some real excitement
to the community as it relates to the construction of the project.
I think that the people will benefit from that, the construction
workers will benefit, their families will benefit from that, and I think
that it would be in all of our best interests for this project to be
approved. Thank you.
MS. FILSON: Linda Sullivan. She'll be followed by Ronald
Hinding.
MS. SULLIVAN: Hi. My name is Linda Sullivan, and I'm a
resident of Lakeside Villas. And I just want to let you know that as a
resident I was told that there were a number of people in Lakeside
who did not want Siena Lakes built next door to us. And my neighbor
Maryellen Porta and myself took it upon ourselves to see ifthis claim
was true, and we walked around the Lakeside community? There are
396 doors. We went to a little less than 200 of them over a four- or
five-day period in the heat of this past summer. We went during the
day, we went at night, we went on weekends.
And I just need you to know that of the, say, 180, 190 doors that
we went to, approximately 50 percent of the residents were not home.
Of the 50 percent who were home, we got 90 percent of them to sign a
petition saying that they were in favor of the Siena Lakes project and,
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therefore, only 10 percent of the people who were home thought it was
a bad idea.
And so we think whoever was spreading the rumor that a lot of
people in Lakeside didn't want it was incorrect, and I just want you to
know that.
Okay. Thank you.
MS. FILSON: Ronald Hinding. He'll be followed by Tim Shane
(sic).
MR. HINDING: My name is Ronald Hinding, and I'm a resident
of Kensington Country Club.
When I found out about Siena Lakes, I took an interest in it
because obviously I'm of an age that at some point in time I may make
that my home.
So I took it upon myself to visit with many of my friends and
neighbors in Kensington to determine whether or not they might also
have an interest in Siena Lakes. And after describing to them what
little I knew about it, there was a great deal of enthusiasm and a great
deal of interest on the part of some hundred people who have signed a
petition suggesting that you folks support the cause.
It's a wonderful establishment, it's a wonderful company, and I
think it will be wonderful for Naples. Thank you.
MS. FILSON: The next speaker is Tim Shane -- Shave.
MR. SHAVE: Shave.
MS. FILSON: And he'll be followed by Stan Chrzanowski.
MR. SHAVE: My name's Tim Shave. I'm a member of First
Baptist Church Naples, have been since 1992.
I submitted a letter that was signed by, I believe, 77 members of
the church, including a number of the pastors. Hayes Wicker, the
senior pastor, signed it; Forrest Head, the senior associate pastor,
signed it; Roy Fisher, the pastor of senior adults, signed it. Everybody
that I asked it with the exception of Terry Cole and his wife, signed it.
They didn't sign it because they felt it might be a conflict of interest.
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But the bottom line is is that the church is overwhelmingly in
support of Siena Lakes. They feel like it will complement the church,
and the church will be able to complement Siena Lakes.
So very positive response from the church.
MS. FILSON: The next speaker is Stan Chrzanowski.
MR. CHRZANOWSKI: Good afternoon, Commissioners. I'm a
resident of Lakeside. I totally support this project.
We have only one entrance in and out of Lakeside. I worked
with Commissioner Halas for quite a while about the rear entrance to
Imperial Golf Estates. It was like pulling teeth.
This is our last chance to get a rear entrance. I have a selfish
interest. I was there when the hurricane hit. My mother lived there
when they had the accident at the entrance, and we need a secondary
access to this project. Thank you.
MS. FILSON: That's your final speaker, Madam Chair.
CHAIRMAN FIALA: Thank you. I just have to tell some of the
residents from right in that area, this sounds like such a wonderful
project. One was going to be coming into my area, and it said,
institutional group housing with no outdoor activities. What a
difference, huh? This sounds wonderful. Thank you.
And now we have Commissioner Coyle?
COMMISSIONER COYLE: I would like to make a motion to
approve all three petitions.
COMMISSIONER HALAS: Second.
COMMISSIONER COYLE: With a caution to Kraft
Construction that I don't know that you can find enough employees to
do this because we have hundreds employed right here on the project,
this building, and I think they're going to be there for at least another
year or two.
So good luck finding all those workers.
CHAIRMAN FIALA: So I have a motion on the floor from
Commissioner Coyle to approve item -- all three items on Siena
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Lakes, and a second by Commissioner Halas.
And Commissioner Halas, you're up next.
COMMISSIONER HALAS: Yes. I just want to make sure we
put on the record, there were a number of emails that I had gotten
from Lakeside in regards to the original plan and that I sat down with
you and the developer in regards to what we needed to address.
Can you tell me, after we had our initial meetings, how many
neighborhood information meetings you had after that to take -- to
submit the second plan?
MR. YOV ANOVICH: We -- after we met and agreed to reduce
the height of the buildings and do the additional landscaping, we had a
neighborhood information meeting for the Lakeside residents. We had
met with the other communities beforehand, and there really didn't
seem to be any issues with those other communities.
So we had a neighborhood information meeting with the
Lakeside residents. We had 86 people attend -- and if} get any of
these facts wrong I'll have Steve tell you because I wasn't there. But
we had 86 people attend. We explained the project to them, answered
all their questions, the meeting went for about an hour and a half.
So -- and we offered to come back again more closer to
Thanksgiving if anybody else wanted us to come back out. We
provided the person who kind of was heading up a lot of the
information that was going out, we provided him with a copy of the
PowerPoint presentation we did at that neighborhood information
meeting where 86 people did attend.
He looked at that information, disseminated it to his roughly 100
people, I believe, on his list, and they did not want a second meeting.
So I'm hopeful and believe that a lot of the issues have gone away,
because we have made changes and we've presented those change to
the Lakeside community subsequent to their original letters.
COMMISSIONER HALAS: Well, I want to commend you for
getting out there and talking with the residents, because prior to the
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changes that were made to the height and to the landscaping, there
were a huge amount of emails that I got that were in total opposition to
this project.
Upon you going out there, making the necessary changes and --
with the heights and with the landscaping, obviously you did a good
job, because I did not get any more emails. I think I got one or two
that were in opposition, and that's a huge difference compared to the
first project that you presented.
So I want to commend you and the developer for taking those
necessary steps to make sure that this was going to be a buy-in by the
community. Thank you very much.
MR. YOV ANOVICH: Thank you. Thank you.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: I just wanted to make it clear that
my motion included the approval of all seven -- all six of the
deviations.
MR. YOV ANOVICH: Great.
COMMISSIONER HALAS: And that's in my -- that's in my
second.
CHAIRMAN FIALA: Thank you for that clarification. Any--
yes, County Manager?
MR. OCHS: Yes. Madam Chair, just for the record, I wanted to
point out that Mr. Chrzanowski is a county employee who was here on
his own time, he had taken an hour off as a private citizen to address
the board on that issue.
COMMISSIONER HALAS: Very good, County Manager.
MR. OCHS: That's important to get on the record. Thank you.
CHAIRMAN FIALA: Thank you. And any further comments?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
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December 1, 2009
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: That's a 5-0.
MR. YOV ANOVICH: Thank you.
COMMISSIONER HENNING: What are we going to do till
three o'clock?
CHAIRMAN FIALA: Well, we can do 12A and Band 14, I
guess, but after that, I don't know what we're going to do.
Mr. Rice is back there, but I don't think the rest of his team is
there.
COMMISSIONER COLETTA: Yeah, you can.
CHAIRMAN FIALA: And now we've scheduled it at three.
COMMISSIONER COLETTA: We've got it advertised. We're
locked in.
CHAIRMAN FIALA: Yeah.
COMMISSIONER COLETTA: I wish we weren't.
COMMISSIONER HENNING: Who did that?
MR. OCHS: Commissioners, that would take us to public
comments on general topics.
COMMISSIONER HENNING: Well, wait a minute, you got
two more.
CHAIRMAN FIALA: We have 12A, 12B.
MR. OCHS: Eleven comes first, ma'am.
CHAIRMAN FIALA: Oh, yeah, I'm sorry. Okay, public--
COMMISSIONER COLETTA: If} may, Commissioner Fiala?
CHAIRMAN FIALA: Certainly.
COMMISSIONER COLETTA: We may have to open it up at
the end of the meeting, too. I had one person that -- I never figured
we'd be taking public comments at 1 :40. They might be here at two,
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December 1, 2009
so if we could possibly open it up one last time at the end of the
meeting for this one person that may be showing up. I should have
told him to be here at noon, but I didn't.
CHAIRMAN FIALA: Well, you wouldn't know that, right.
Don't worry about it. We can always accommodate.
COMMISSIONER COLETTA: Thank you. I know you can.
CHAIRMAN FIALA: Yeah, we work together.
Okay. So now we take commissioners' comments at this time,
right?
And County Manager, you have some comments as well. We'll
start with you and then the county attorney.
MR.OCHS: Go to--
MS. FILSON: Public comment.
CHAIRMAN FIALA: Oh, public comment.
MR. OCHS: Public comment.
CHAIRMAN FIALA: I'm sorry. Oh, I'm already finishing up
the meeting, excuse me.
Item #11
PUBLIC COMMENTS ON GENERAL TOPICS
MR. OCHS: No, ma'am. Item 11.
COMMISSIONER HENNING: Let's go home.
COMMISSIONER COYLE: Not a bad idea.
MS. FILSON: Madam Chairman, I do have one speaker under
public comment. Randy Johns?
COMMISSIONER COLETTA: That's the gentleman I was
expecting, I told him.
MS. FILSON: Oh, he just came in and handed it to me.
CHAIRMAN FIALA: Yeah. He was just in here.
COMMISSIONER COLETTA: Oh, maybe he's out in the hall.
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December 1, 2009
CHAIRMAN FIALA: Maybe he's over in John--
COMMISSIONER COLETTA: Norman's office. That's where
he is. Invite John Norman over also.
COMMISSIONER HENNING: Isn't it somebody's birthday?
CHAIRMAN FIALA: I don't know.
COMMISSIONER COYLE: Someplace it's got to be
somebody's birthday.
CHAIRMAN FIALA: Whose birthday?
COMMISSIONER COYLE: We could still sing.
CHAIRMAN FIALA: Huh?
COMMISSIONER COYLE: We could sing Happy Birthday.
CHAIRMAN FIALA: Sure. Just name a person that we can fit
m.
COMMISSIONER COLETTA: Randy, is it your birthday
today?
MR. JOHNS: I will take it.
CHAIRMAN FIALA: Is it Leo's birthday?
MR.OCHS: No, ma'am. It's Michael's.
MR. SHEFFIELD: No, it's Leo's birthday.
MS. FILSON: So it's Leo's birthday.
MR. OCHS: No, ma'am.
MS. FILSON: Okay. Go ahead, Mr. Johns.
MR. JOHNS: I'm coming here today to speak for Florida Sports
Park. I need help on two issues. One is, I need time to come up with
the location because I've got a code violation from the county because
we had changed the letters on the sign. We didn't change the size of it.
We just changed the letters.
CHAIRMAN FIALA: Did you say your name for the record, I'm
sorry?
MR. JOHNS: Randy Johns. I'm sorry.
CHAIRMAN FIALA: Thank you.
MR. JOHNS: We got a code violation because we changed the
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lettering on it. We had already done a variance once. I filled out the
application and stuff for the variance. I went down there, and they
want $5,500 to do this variance.
Florida Sports Park doesn't have that money right now. So I was
asking you guys if we could get some help with the fees and the fines
on that along with some time, because where our sign's located now,
there's a developer to the north. He's going to widen that bridge, and
we don't know where the -- we don't have the final drawings.
Then the developer to the south, he has to come back and add to
that bridge also. So right now we don't have final drawings to know
where we can even locate our sign.
And we're also working on a permanent location to the north with
South Florida, and we may wind up with a permanent location. So I'd
like to see if we could get, you know, like a 12-month extension on
this thing and see if we can get the fines -- or if} could just get the
extension for now, find out if we can get a permanent location, then
we won't need to get a variance at all. We'll just relocate the sign.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. Randy, thank you for
comIng In.
Mr. Schmitt, if you'd be so kind to come up front. This issue's
come before this board once before over the sign. And this board,
understanding the nature of what Florida Sports Park is all about -- it's
nonprofit, it raises money for a lot of charities in the area -- we
extended their allowance to have the sign in place, for, I think it was
two years or a year and a half. I can't remember, Joe.
MR. SCHMITT: For the record, Joe Schmitt. The -- Randy came
in for a variance to keep the original sign and the original copy. That
was the variance that was approved by the board.
When that variance then was approved, then they changed the
copy on the sign, which, again, triggers a requirement to come into
compliance because the sign is larger than allowed and taller than
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December 1, 2009
allowed. Larger meaning square footage and taller than what's
allowed by the current sign code.
So the amortization period and the requirement of the code
allows them to come into compliance, so that's what he's asking for a
variance. I don't recall -- other than we discussed the issue where
Randy came in and asked for forgiveness, I don't recall the board
approving any -- a granting of any stay in prosecution, other than
Randy agreed to submit for the variance, if I'm correct, which he --
we've not done anything as far as the code case because he was
proceeding with a variance to keep the current copy. But if the board
so directs, we will hold off --
COMMISSIONER COLETTA: Randy?
MR. SCHMITT: -- any further prosecution and go on your
direction.
COMMISSIONER COLETTA: Can you get this done in one
year?
MR. JOHNS: Yes, sir, I think so. Yeah, we can do it.
COMMISSIONER COLETTA: Okay. Well, that's what I would
like to ask this board to consider is to grant him a year to be able to
work through this. That sign's not offensive to anyone that's out there.
It's going to have to be moved because the -- you have development
on the right and the left of that road. And rather than coming up with
some permanent thing and spending some ridiculous amount -- I
forget what the amount's up to now.
MR. JOHNS: It's 5,500 right you.
COMMISSIONER COLETTA: Yeah, $6,500 (sic) over a sign
permit, just to be able to get the sign in place. It's another issue in
itself. But meanwhile, if we could just grant him a year to be able to
find a permanent location for it and work through the process.
CHAIRMAN FIALA: Oh, I'm with you on that.
Gee, I remember -- John and I would remember. I don't know
anybody else in here. Oh, Leo would, too -- when they used to race
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over on Radio Road. Remember that? When they were racing, the
swamp buggy races were over there.
And I mean, this is an institution in Collier County. We don't
want that to go away, and the sign is -- and the sign is just part of that
institution.
COMMISSIONER COLETTA: And if for some reason you can't
grant it, Randy tells me he's going to move the whole operation to the
City of Naples.
MR. JOHNS: Back where it started.
COMMISSIONER COYLE: Good, good.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Just as a matter of interest, what
was so egregious about changing the lettering that caused the sign to
gather all this attention?
MR. SCHMITT: When the -- our current ordinance, the
ordinance that was passed and directed by the board probably nine
years ago, to bring other signs into compliance, once you changed the
copy on a sign, actually physically changed -- they changed the
physical appearance of the sign -- you are then required to bring the
sign into current code standards.
If you recall the gas stations and other type of mandates where
they had the maybe eight-foot, nine-foot signs, and now they were
required to come into compliance with the low-profile signs. This was
no different.
There was a period of time they were allowed to keep this sign
with its current copy at its current size, and then the variance was
approved for that, and then they changed the physical appearance of
the sign, meaning changed the copy, which then triggered a
requirement to come into compliance.
COMMISSIONER COYLE: Okay, thank you.
MR. JOHNS: We had no idea that changing the copy was going
to cause that.
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December 1, 2009
CHAIRMAN FIALA: Commissioner Coyle had asked though,
what did you change on the sign? What was different?
MR. SCHMITT: Randy, over here on the visualizer. They
actually changed the physical appearance of it from -- I don't know.
Do you have the -- I don't have the original sign.
COMMISSIONER COYLE: It had just been grandfathered
before, and so anytime you make a change to a sign, you have to bring
it up to current code.
MR. SCHMITT: Correct, sir. That -- when that came in, and the
variance was for the location of the sign and the size of the sign as
long as they kept it at -- they could paint the sign as long as they kept
the original configuration and style. What they did is completely
change the actual lettering and everything on the sign, which triggers
the requirement to come into compliance.
CHAIRMAN FIALA: But then they're not going to -- they don't
even know where it's going to be in the next year or two --
COMMISSIONER COLETTA: Right.
CHAIRMAN FIALA: -- because of the South Florida Water
Management District and the two developments. It's kind of up in the
air. I think we should grant him this as well.
COMMISSIONER COLETTA: I'll make it in the form of a
motion.
CHAIRMAN FIALA: Okay, and I'll second it.
Any further comments? How about you there, Commissioner
Coyle?
COMMISSIONER COYLE: I'm okay.
COMMISSIONER HALAS: This is -- just for clarification. This
is for a one-year extension --
COMMISSIONER COLETTA: One-year extension.
COMMISSIONER HALAS: -- and then it will come back to us
in regards to whether we want to continue this or to have to come back
in compliance with our sign ordinance; is that correct?
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December 1, 2009
COMMISSIONER COLETTA: That's correct.
COMMISSIONER HALAS: Good, good.
CHAIRMAN FIALA: Okay. I have a motion on the floor and a
second.
Any further comments?
(No response.)
CHAIRMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: (Absent.)
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: That's a 4-0. Thank you. Thank you for
coming to us, Randy.
MR. JOHNS: Thank you very much.
Item #12A
THE COUNTY ATTORNEY TO INITIATE FORECLOSURE
PROCEEDINGS PURSUANT TO SECTION 162.09, FLORIDA
STATUTES, IN RELATION TO TWO (2) CODE ENFORCEMENT
LIENS, ARISING FROM CODE ENFORCEMENT BOARD CASE
NOS. CEB 2005-35 AND 2005-39, ENTITLED BOARD OF
COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA
VS. CURTIS D. AND BRENDA BLOCKER - APPROVED
MR. OCHS: Ma'am, you have two items that were removed
from the consent agenda or summary agenda and brought forward by
Commissioner Henning. The first was 12A. It was previously 16K 1.
That was a recommendation to authorize the Office of the County
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December 1,2009
Attorney to initiate foreclosure proceedings pursuant to Section
162.09, Florida Statute, in relation to two code enforcement liens
arising from Code Enforcement Board case number CEB2005-35 and
2005-39, titled Board of County Commissioners, Collier County,
Florida, versus Curtis D. and Brenda Blocker. And that was brought
forward by Commissioner Henning, who is not on the dais.
CHAIRMAN FIALA: Should we go back and look for him or
just deal with this?
COMMISSIONER COLETTA: No. It's better off the way it is.
No. Maybe we ought to take a break and come back at it. He
obviously has some issues with this.
COMMISSIONER COYLE: It's not time for a break yet.
COMMISSIONER COLETTA: Here we go. I hear the door
openmg.
CHAIRMAN FIALA: Leo went back, or Michael went back to
get him.
COMMISSIONER HENNING: Sorry about that.
MR.OCHS: 12A, sir.
COMMISSIONER HENNING: Yeah. 1 just -- I don't feel
comfortable with either one of these doing a process offoreclosure for
code enforcement liens in a recession. I just think it's immoral, that's
all. I mean, I can't support going on with the process.
CHAIRMAN FIALA: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yeah, and I -- I'm going to be
honest with you. I've got to treat each one separately. The first one
dealing with the Blockers who have been landowners going back,
gosh, maybe 20, 30 years in Immokalee, very successful
businesspeople, very well respected within the community, who are
very knowledgeable.
Now, also within the same agenda book we see several times that
we had serious fines that accrued, 30-, 40-, $60,000, and the people
made the corrections years later, they came back before the
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December 1, 2009
magistrate, and it went back and forth, and they did everything I
would hope they'd do. They brought the fine down to actually a cost
level of what it costs to get the whole thing through. They reduced it
from 35,000 to a couple thousand dollars to be able to pick up the
costs for what they had to do.
They're looking for compliance rather than for enforcement and
collecting fines. We're not in the money -- business of trying to make
money off the situations. We want them to comply.
CHAIRMAN FIALA: But most of these cases in here, they sold
it to other people.
COMMISSIONER COLETTA: Right. Well, in the Blockers'
case, they've had it ongoing for -- this is the one we have in front of us
at the moment. The other one I'd have to open up and take a look at.
The Blockers' case it's been -- it's been ongoing for how many years
now?
MS. FLAGG: Diane Flagg, Code Enforcement Director, for the
record. 2005 is when the case has been occurring. And, again, our
goal is compliance. Unfortunately, in the vast majority of cases and
what you saw earlier in your agenda, that once they reach compliance,
which is what we're all after, then we request the board to waive the
fines.
In this case these particular folks have refused to pursue
compliance, and I think the county attorney wanted to speak to this
also.
COMMISSIONER COLETTA: Well, if} could enter a comment
before we go to the county attorney.
Back a couple years ago Commissioner Henning and myself
raised an issue over a Hispanic person that was paying a fine that was
in excess of like $30,000 for this -- the simple thing that we were
objecting to is that anyone that was knowledgeable and knew what
they could do or they could afford an attorney would have had that
fine reduced to next to nothing just by the fact they complied.
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December 1, 2009
In this case, because of the language barrier and the education the
gentleman had, he missed out on it.
So did another lady also in Copeland. Ended up having to go
into debt to be able to pay a fine that could have been mitigated. And
since then, the Code Enforcement Board has included in their videos
that they show beforehand, in Spanish and English, and I think even in
Haitian, details about how the whole process works, plus they have
people come over from the clerk's office that are fluent in Spanish or
Haitian to be able to work with them. This has gone light-years from
what it was three years ago.
Now, other end of the spectrum, the Blockers, who are greatly
respected, are very knowledgeable people and very capable of taking
care of problems that are of this nature, and they just choose not to.
So you know, you have that opposite extreme. And in this case, I
would make a motion that we continue with staff recommendations on
this issue.
COMMISSIONER HALAS: I'll second that.
COMMISSIONER COLETTA: Unless the county attorney
wants to add some comments.
MR. KLATZKOW: No.
CHAIRMAN FIALA: Okay. I have a motion on the floor and a
second. Any further 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.
CHAIRMAN FIALA: Opposed?
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Okay. That's a 4-1 vote. Okay.
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December 1, 2009
Item #12B
THE FILING OF A FORECLOSURE ACTION WITH THE
CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT TO
RECOVER AN OUTSTANDING CODE ENFORCEMENT LIEN
PRESENTLY TOTALING $240,630.04, REGARDING THE
JAMES C. MARSHALL AND SHERRY MARSHALL PROPERTY
LOCATED AT 820 20TH AVENUE N.W., NAPLES, FLORIDA
(FOLIO #37590120007) - APPROVED
MR. OCHS: Madam Chair, the next item is 12B, and that was
previously 16K3. It's a recommendation to approve the filing of a
foreclosure action with the Circuit Court of the 20th Judicial Circuit to
recover an outstanding code enforcement lien presently totaling
$240,630.04 regarding the James C. Marshall and Sherry Marshall
property located at 820 20th Avenue Northwest, Naples, Florida.
This item was moved at Commissioner Henning's request.
COMMISSIONER HENNING: Same objection.
CHAIRMAN FIALA: Okay. Can you give us an update on this,
Diane?
MR. KLATZKOW: Well, I'll save Diane, because this is really
at my -- almost all foreclosures are at Diane's request. This one,
particular one, is at mine, so it's a rarity for me.
The Marshalls -- the Marshalls have a very simple matter to
correct. Instead of correcting the matter, they've engaged in extensive
litigation. They have brought suit against numerous county
employees. We've had to engage outside counsel. We've currently
spent about $59,000 in outside counsel fees.
I'm working on my third or fourth judge here because every time
we get close to a resolution, they make a motion for a judge to recuse
himself claiming that the guy's biased.
You know, you folks yourselves have seen subpoenas laid on you
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December 1, 2009
and document requests laid on you. I need to get resolution, and the
only way to get resolution is to bring them to the table. And the only
way I can bring them to the table is to tell them, if you don't start
getting into compliance, I'm going to take your property away.
I'm just looking to end this. I'm not looking for the property. I'm
looking to get them to the table so we can get compliance and then
end the issue.
COMMISSIONER HALAS: Motion to approve.
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: Okay. I have a motion to approve and a
second.
Did you want to say something on the record, Jackie?
MS. HUBBARD: No. Only that my advice, since you've all
been individually sued, is that you not discuss this matter unless you
really, really want to, which I don't think you really, really want to.
CHAIRMAN FIALA: Okay. I have a motion on the floor and a
second to approve. Any further 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.
CHAIRMAN FIALA: Opposed?
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Okay, 4-1.
MS. HUBBARD: Thank you.
CHAIRMAN FIALA: Thank you for coming down, Jackie.
MS. HUBBARD: You're welcome.
Item #14A
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December 1, 2009
CRA RESOLUTION 2009-290: DESIGNATING THE ENTIRE
GEOGRAPHICAL TERRITORY OF COLLIER COUNTY AS A
RECOVERY ZONE, IN ACCORDANCE WITH THE AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009, WHICH
ALLOWS FOR THE ISSUANCE OF RECOVERY ZONE
ECONOMIC DEVELOPMENT BONDS AND RECOVERY ZONE
FACILITY BONDS ON OR PRIOR TO DECEMBER 31, 2010;
AND PROVIDING AUTHORITY TO THE BCC TO APPROVE
ELIGIBLE PROJECTS TO BE FINANCED BY SUCH BONDS -
ADOPTED
MR. OCHS: Commissioner, your next item is 14A. That was
previously 16G 1, and that is a recommendation to designate by
resolution the entire geographical territory of Collier County as a
recovery zone in accordance with the American Recovery and
Reinvestment Act of2009, which allows for the issuance of recovery
zone economic development bonds and recovery zone facility bonds
on or prior to December 31, 2010, and providing authority to the BCC
to approve eligible projects to be financed by such bonds.
This item was removed and brought forward by Commissioner
Fiala.
CHAIRMAN FIALA: Thank you. And we have one speaker.
MS. FILSON: Yes, ma'am.
CHAIRMAN FIALA: Thank you.
Yes, I pulled this off because initially this was set up to -- this
recovery act was for areas that are more destitute, giving them
financial assistance to recover to get people employed again. It was
mainly targeting the Immokalee CRA and the East Naples CRA.
The new wording in this extends it to everywhere in the county,
and I'm afraid that that will water down what its real purpose is, is to
assist the communities that desperately need this help.
And what I'd like to do is I would like to discuss it with you, and
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December 1, 2009
I'd ask David to come up also and give us some background on this,
because I feel that the focus is almost like scattershot now rather than
focused on the real objective of this whole thing.
David, would you mind coming up and talking with us?
MR. JACKSON: David Jackson, Executive Director for the
Bayshore Gateway Triangle CRA.
I brought this item before the board as a CRA item, and through
discussions, it has evolved into what you see before you today.
Back in August, when you took your summer -- summer break, I
started looking for money, started looking for a way to leverage our
tax increment financing funds. We only have a certain amount of
money, if there's places to go out and get it. I found it that -- in this
American Recovery and Reinvestment Act of 2009 that there was
eligibility for bonds, the two different types that are in the executive
summary.
The thing is, is that it was offered to Collier County, and there
was no one pursuing it, and it was going to go away. And if you -- if a
county or city doesn't use their allocation, it can be reallocated to
another city, another county.
All we have to do is designate a recovery zone, and there are a
little bit of criteria for that, and there's a whole bunch of criteria of
what the bonds can be used for or who they can be applied to.
So my energy was to leverage my TIF account and Penny
Phillipi's TIF account for the CRAs and to get more bang for the buck,
to bring economic development, business retention recruitment, to
improve the properties, to improve property values, to create wealth,
better sense of community, all those things that we're supposed to be
doing in economic development. And this was one of those tools that
I found an opportunity.
I went to the county manager's finance committee, and John and
Mark are both here, and they supported me in that meeting. And that's
where it evolved with the county attorney present and bond counsel, I
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December 1, 2009
think, was on the phone call for that part of it. And it evolved from
the CRAs to the entire county.
Your actions today, if you designate the entire county or if you
decide to reduce the size to just the geographic boundaries of the
CRA, what that does is just enable you to apply for the money. And
when you apply for the money, it has to come back to you as the
Board of County Commissioners to decide if that bonding, facility
bonds or economic development bonds, will be applied to whatever is
-- application. So there's another step in the process.
So that's where I'm at. And you know, John and Mark here -- are
here to support you in any way as the county staff. It's a good deal for
Collier County.
If you don't use it, you don't use it. But if you don't apply a
recovery zone and designate a boundary, you're not eligible. So that's
where I'm at. And if -- any other information that you have, I would
be happy to answer any questions.
CHAIRMAN FIALA: Thank you. And also, Jeff, would you
like to comment on your communication with the bond counsel?
MR. KLATZKOW: Yeah. I spoke with bond counsel yesterday
afternoon. The reason bond counsel utilized the entire county was
mostly for statistical purposes where we could designate what the
county unemployment rate is, what the county foreclosure rate is,
because we have those statistics, and that's why he chose the entire
county .
And anybody within the county now would be eligible to apply
for these bonds, including the relatively wealthy areas of the county.
You can limit this if you want to less than the entire county. You can
designate areas that you think that the money would be better spent,
for example. It could be Bayshore, it could be the Immokalee area, it
could be Golden Gate City. That's within your prerogative.
So the issue is, yes, you can do the entire county, which opens up
the ability for people to apply for these subsidized loans throughout
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December 1, 2009
the entire county which might include areas that don't really need it, or
you can limit it to certain areas. It's your prerogative.
CHAIRMAN FIALA: And -- but bond counsel said there was no
problem with them if we -- if we just went back to the strictly defined
areas of the CRAs; is that correct?
MR. KLA TZKOW: That is correct, yeah.
CHAIRMAN FIALA: Okay. All righty. Thank you -- and
David, go ahead.
MR. JACKSON: If} may -- if} may, ma'am, leverage off of
what the county attorney has said. The way it's structured is you can
create as many recovery zones as you wish. So if you decide to
establish a recovery zone in Bayshore and Immokalee, and later on
somebody comes up with a project, North Naples, somewhere else,
and they justify the need, you can designate it a recovery zone for a
site-specific project. It could be two city blocks, it could be five acres,
and you could redo that.
So there's nothing stopping you from adding more recovery
zones to the list. And I think it would be a matter of somebody
coming forward and justifying the need and the criteria to go forward
with it and if it makes sense if you as a commission decide that it's a
good project.
CHAIRMAN FIALA: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: Thank you. The -- I don't know
if we're mistaking with the established CRAs and the -- what Project
Innovation is doing about creating and economic zones. There was an
emphasis. Mr. Jackson came forward and said, well, we'd like to be a
part of that. I'm not sure if we're mistaking that for this one,
Commissioner Fiala.
But I would be hardpressed to exclude county's properties
because you might have a business that wants to come into Ave Maria
that is not within the CRA and -- but they want to locate there. You
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December 1, 2009
just have another tool in the toolbox for a facility bond.
The bottom line is, these need to come back to us anyways, and
we do want to redevelop areas of Bayshore and Immokalee, but, you
know, all things don't -- you might have a business out there that's not
going to -- doesn't want to be as far out as Immokalee but yet doesn't
want to be that far into the coastal area. So leave your options open
instead of limiting your options.
CHAIRMAN FIALA: David, are the options open if we -- if we
submit this application for the two CRAs and then somebody comes
back up and asks, you know, for a hardship?
COMMISSIONER HENNING: Commissioner Fiala, I heard
what he said, but that isn't what you're saying. And if we just do what
the executive summary does, it has to come back to us anyways to
approve those bonds. So why would you limit --
CHAIRMAN FIALA: Because it will be very difficult for us to
say to a wealthier part of the county who wants to prove that they need
the money, to say no to them when we say yes to others. I think if we
more clearly define and more narrowly focus this and then expand it at
some request, it would be much easier for us than to do it otherwise.
COMMISSIONER HENNING: Quite frankly, when I read this,
I liked it, and I thought it was very forward thinking of David Jackson
to bring this forward knowing that he is an employee of the CRA but
thinking of the whole county.
CHAIRMAN FIALA: But David didn't write it this way. The
finance committee changed it.
COMMISSIONER HENNING: Good.
CHAIRMAN FIALA: Right?
COMMISSIONER HENNING: Great.
CHAIRMAN FIALA: Leo?
MR.OCHS: Yes, ma'am. And Mr. Yonkosky is here. You may
benefit, or the board may benefit from a little bit of the background of
why the recommendation came forward from the finance committee
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December 1, 2009
the way it did, if you'd like to hear from John for a minute.
MR. YONKOSKY: John Yonkosky, your budget director.
One of the reasons that the finance committee made the
recommendation to go countywide as opposed to just the CRAs is
because of the flexibility. If you look at some of the industrial parks,
there's empty buildings up there. There's empty facilities. They can
use -- take advantage of these -- the private activity portion of these
bonds, and issue bonds and build their facilities back up.
One of the issues that you really need to think about is that this is
not any different than your industrial development authority bonds or
your healthcare financing facility bonds.
What we talked about in the finance committee was to discuss
these things with Don Pickworth, who is the representative for the
Industrial Development Authority, and he would help in the process or
at least hopefully his authorities that he's responsible for would review
part of it.
And, Jeff, you correct me if I'm wrong, but the way that it works,
if they're developing bonding capacity or want to issue bonds, it would
go to your county attorney, he reviews it, and the reason it comes back
to you is for tax purposes. All the things that Don Pickworth runs
through or those authorities run through, they get a tax benefit from it.
And so that's another reason that the finance committee recommended
that you go countywide with it.
CHAIRMAN FIALA: I was just worried about it watering down
the effect of what it initially had started out to be. And as each person
comes and takes a part of it, it leaves less to then rescue some of these
areas that can't rescue themselves. So -- but I understand where you
are coming from.
Let me call on the next speaker. I'm sorry I'm talking so much.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you.
John? John, if} could, please. Let's talk about -- let's talk
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money, and that's your favorite subject, I believe. Yeah. Now, if --
what's the limits, the financial limits, of bonds like this? I mean, if
bonds were issued for, say, a CRA, would they be available also for a
project in Golden Gate City which desperately needs help?
MR. YONKOSKY : You were allocated 21 million for one type
of bond and 14.1, I think, for the other type of bond, so that's your cap.
I do not believe you can go beyond that cap unless the federal
commitment changes.
COMMISSIONER COLETTA: And I understand Commissioner
Fiala's concerns because, let's face it, the political entities within this
county are stronger as you get through, towards the coast, and they're
going to do everything they can to try to capture this money for their
communities. I do see a real concern, and I appreciate Commissioner
Fiala's sensitivity to it.
I would somehow like to see this limited to -- instead of just
CRAs, economically challenged areas such as Golden Gate City,
maybe Naples Manor, the CRAS themselves, rather than have it
broadcast for the whole county. Because I'll be honest with you, all I
can see is that this might end up being a beautiful park for one of our
cities that reside along the coast, and we're out of luck.
So I would love to see some sort of limitations to it tied into what
the real economics of this area is all about and where the suffering's
the greatest and where they could benefit the most from it.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Well, I think when -- the way that
this executive summary was written, I think it covered all aspects of it,
and I don't believe that the affluent people in this county are going to
jump on the bandwagon and take the money.
I think that when we look at the big picture, we've got problems
in Naples Park, we also have problems with the Naples Park industrial
area, which is up here off of Airport Road where we have a lot of
buildings that recently have been vacated by people who had their
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December 1, 2009
own businesses and can no longer exist, and I think that that money
also needs to be put in those locations to refurbish those buildings so
as the economy comes back we have people that get into that -- can
get back into those buildings without a lot of expense.
The other thing is, when you drive through the whole county, the
whole county has been hit, and I'm talking about the people who are
the middle class have been hit the hardest. You go out into the Collier
-- the Estates area, and you see all those foreclosed homes, you go to
Golden Gate City, you see all the foreclosed homes.
And granted, you've got foreclosed homes in East Naples, but
you've also got foreclosed homes and apartment buildings and
everything else up in North Naples.
So I think that the way that the executive summary is written, is
the -- has the ability for not only people living in Immokalee, but other
areas of the county to have equal opportunities to gather this money so
that they can refurbish the areas that need it the most, and I think that's
-- I go along with what the -- has been put in the executive summary.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Let me read something from the
executive summary. Before any bonds may be issued under either the
Recovery Zone Economic Development Bond Program or the
Recovery Zone Facility Bond Program, the Board of County
Commissioners must review and approve the same.
COMMISSIONER HALAS: Same, yep.
COMMISSIONER COYLE: So we have control over where the
money goes, and we can make sure it goes to the most deserving
place.
COMMISSIONER HENNING: Motion to approve.
COMMISSIONER COYLE: Second.
COMMISSIONER COLETTA: Well, I have my light on.
CHAIRMAN FIALA: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. And Commissioner
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Coyle, it doesn't work that way. Let's take Golden Gate City. The
only thing they have there as far as an entity that might be able to
move things forward is a civic association. They don't have a bunch
of retired people that have a tremendous amount of background on this
subject material. They're not going to be able to jump in front of this
quick enough.
And also too, take a look at where the stimulus money went in
this county. Look where the MPO funding recently went. It didn't
end up in the rural areas where it was really needed. It ended up
building a bridge at Marco Island about ten, 15 years sooner than it
needed to be. Nothing left over, not even for a --
COMMISSIONER HALAS: Limerock roads.
COMMISSIONER COLETTA: That's for limerock roads.
Thank you very much, sir. There's more than limerock roads
involved. I just -- possibly the Immokalee CRA can jump on this soon
enough. Other than that, I can see every other area, including East
Naples and Golden Gate City, left in the lurch as this money
disappears in a very short time.
Would it be spent for something useful? I'm sure it will. But
when it comes before us and if there's no choices except one item,
we're probably going to vote for that one item. You can only move so
quick on this. And the resources that the coastal part ofthe county has
far outweigh what it is in the eastern part of the county.
And I know you have a hard time believing that Commissioner
Coyle. Yeah, I see the name tag over there. Thank you for that visual
aid.
CHAIRMAN FIALA: Light is off. Light is on.
COMMISSIONER COLETTA: I didn't want to laugh at the end
of that presentation.
CHAIRMAN FIALA: I know, because it was so good.
Commissioners Coyle?
COMMISSIONER COYLE: Let's get serious. How many
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December 1, 2009
people do you see from the City of Naples or any other places on the
coast in here asking for money all the time? In fact, it's just the
opposite. How many people from the City of Naples do you see
working out in Immokalee providing services for people who are less
fortunate, providing food and clothing.
Some of my neighbors were out there passing out food over the
Thanksgiving holidays. The people in Naples are the most giving
people. In fact, people along the coast are the most giving people
because they're more fortunate, and they provide a lot of funds in the
eastern part of our county.
Not only do the majority oftheir property taxes get spent
elsewhere, they actually are part of Habitat for Humanity. They're
building homes for people who are less fortunate. And to criticize
those people as people who are greedy and who are going to snatch up
money that was intended for some poor, poor area of Collier County is
just not responsible.
So the point still remains, the Board of County Commissioners is
responsible for approving the allocations of funds for dozens, if not
hundreds, of programs. Why all of a sudden are we going to say that
the Board of County Commissioners' decision on these funds is
suddenly wrong?
CHAIRMAN FIALA: Let me point out, if I may --
COMMISSIONER COLETTA: Sure.
CHAIRMAN FIALA: -- point out just one thing. I know Marco
Island, for instance, they want to establish a CRA because they say
they have a blighted area, and they need money to rejuvenate that
area. It's called Town Center. And so they're looking for dollars to do
just that.
I would guess that they would be after these dollars because they
can claim and they're working now to prove that they need the dollars
more than anybody else, and so they want to establish this CRA.
So -- and this is just an example. But what I'm saying is, there
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December 1, 2009
are other examples that possibly could come to light. And how would
you say no to them? I mean, I certainly couldn't say no to them
because -- because they can prove that they need the money.
So, you know, they're -- I think if you more clearly define and
then expand the program as things come to light, it might be a lot
easier for us than giving it a whole wide width and then trying to
narrow it down to what the intent was originally planned for.
COMMISSIONER COYLE: I don't understand how that's any
different than anything else we do. Our job is to set priorities. We
have to be strong enough to say no to people if we think --
CHAIRMAN FIALA: Right.
COMMISSIONER COYLE: -- other priorities are higher. We
do that all the time.
And so what is the alternative here? On the one hand you would
say, let's keep this money allocated to just the places that are currently
designated, and that means that nobody else can apply for it --
CHAIRMAN FIALA: No, it doesn't.
COMMISSIONER COYLE: -- even though they might be--
well, it does. That's exactly what it does.
CHAIRMAN FIALA: No.
COMMISSIONER COYLE: Unless you apply this particular
definition for the -- for the entire county, you're leaving the money --
either you will lose the money and it will not come here at all or it will
go to the existing redevelopment area. So you've not broadened its
applicability at all.
So as David has pointed out, if you broaden the boundaries, we
get a better chance of getting more money, but we still are responsible
for making the decisions about where it goes. Is that what you said?
MR. JACKSON: Parenthetically, yes, sir.
COMMISSIONER COYLE: Okay.
MR. JACKSON: I don't particularly have a problem with
designating the entire county. I think it's a good executive summary
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December 1, 2009
and it's a good resolution. This will enable us to go there.
I think it would come back to you as the Board of County
Commissioners to make that hard call on whatever project would
come in there. You know, to step up to the plate and say yes, no,
whatever benefits the best for all of Collier County. And I think that's
where I think you're leading the discussion to go, and I think that's
where --
COMMISSIONER COYLE: Well, that's where I'm trying to
lead it to go.
MR. JACKSON: Well, I mean, ifit--
CHAIRMAN FIALA: Does it give you more money, David?
Commissioner Coyle just said it gives you more money if you include
the whole county.
MR. JACKSON: No, it gives you more opportunity to use the
money, not more money.
I just wanted to clarify that.
COMMISSIONER COYLE: You told us that if we did not apply
for it, then it would go to other counties and other states.
MR. JACKSON: It could go.
COMMISSIONER COYLE: Yes, sir.
MR. JACKSON: The state would look at it, and if you do not
make application, you're not moving forward with applying for the
bonds, and you could return the money. It's like -- I can't think of a
case at the moment, but basically it's there for your opportunity, and if
the state thinks you're not going to use it and there's another place like
Miami or Jacksonville or Orlando that says, I could use another 20
million, and they say, Collier County's not going to use it, they can
shift the money over.
COMMISSIONER COYLE: Well, wait a minute. It goes further
than that. You also said that if we apply this definition to the entire
county, it improves our chances for getting that money.
MR. JACKSON: It enables you to get the money.
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December 1, 2009
COMMISSIONER COYLE: Get the money, okay.
MR. JACKSON : Yeah.
COMMISSIONER COYLE: And if you don't expand the
definition to include a broader area in Collier County, are you going to
get just as much money anyway?
MR. JACKSON: Yes, sir.
COMMISSIONER COYLE: So it won't make any difference?
MR. JACKSON: No, sir. You're allocated 14.1 and 21.2 million
in two different pots. And by creating a recovery zone, wherever it
may be, that enables you to apply for those two pots of money.
COMMISSIONER COYLE: Okay. Now, let's suppose we
identify the recovery zone as only the redevelopment areas in Collier
County now. Does that mean that all of that money will go to those
two redevelopment areas?
MR. JACKSON: Only ifthere is an applicant that qualifies and
you approve for whichever type of money it is.
COMMISSIONER COYLE: And we wouldn't have the
authority to move the money somewhere else?
MR. JACKSON: Yes, you could. Ifthere was a Golden Gate or
North Naples or Everglades City project and they could justify all the
criteria needed and it meets the criteria for -- to receive the money,
they could say, Board of County Commissioners, I'd like to have this
area designated recovery zone, here's my project and here's why we
need it, and if you justify it, you do the same thing. You create the
resolution, that block of land is recovery zone, and go from there.
For example, the City of -- here it was, state-designated funds
specifically for Bridgestone, Firestone, North American Tire, LLC,
technical center to house a research development headquarters, and it
was a site specific place in about three blocks of a downtown, and you
could do that ifthere was a specific project.
So you're not -- if you designate smaller areas, you can go out
and create other recovery zones. If you designate the entire county, it
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doesn't have to come back to you. All you have to do is approve the
project. So it's -- there's pluses and minuses either way you want to
go.
CHAIRMAN FIALA: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yes. Questions, Dave, before
you go away.
And I -- I don't want you to get the idea that I'm Robin Hood just
because I represent the -- what do you want to call it -- lower
economic section of the county, Eastern Collier County. Is there
going to be something as far as a time period when people have to file
by? Are these applications going to be considered in total at the end
of that period, or the first one in is going to get first consideration?
How does this work?
MR. JACKSON: That is to be determined. And the next step for
this is for me to work with the county manager and whoever he has
designated -- I'm sure it's the finance committee -- is to come up with
an application process.
Some states have had an open window to apply, okay. You have
three months to apply, they bring them all in and then they rank and
select. Some of them have an open window the entire time and they
take and approve or disapprove of them as they come forward.
COMMISSIONER COLETTA: And that I'm opposed to. I'd
rather see a time period and all of them considered at the end of that
time period because I know what's going to happen. Once again, the
more organized sections of the county, which is closer to the coast, are
going to have their applications prepared in a matter of days and in.
It's going to take a long time for the other area. Something like the
civic association of Golden Gate City is going to need a regular
monthly meeting to be able to get everybody in tune to it, they're
going to have to put together a committee, they're going to have to ask
for volunteers. It's going to take them a long time to pull the whole
entity together.
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So I kind of hope that the one consideration we give to make this
even more fair is that we have something where everything is
determined at the end of a time period, be it three or four months
where we bring them in here in total, and then we go through them
and we sort through them, we find out what the priorities are.
And I -- one thing I'd like to correct, too, is that I'm very much in
tune to what people closer to the coast do, Commissioner Coyle, as far
as helping out with these different organizations.
Habitat for Humanity on December the 12th in Immokalee will
be having their yearly thank-you-type meeting. It's great. They bring
in people from all over by the busloads. There's about, oh, probably
1,000, 1,500 people that show up. They're from all parts of Collier
County, and true, more of them from the coast, because those people
do have the time and they are caring, and I feel very much a part of
those efforts. Been attending it now for something like 12 years.
And the other organizations in town that I have close alliance to,
most of them are from closer to the coast. Absolutely true. But this is
a little bit separate issue. I'm just looking for something in the way of
quality so we have time to be able to make sure that other ends of the
county have a chance to be able to respond. Not first come, first
served.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: I don't know how many of us
read the item. You're not going to see a civic association applying for
a grant. I mean, even if you put it in their hands and gave them all the
assistance. It's not a civic association grant.
You know, this is bonding money to be paid back. This monies
is everybody in the United States. Everybody in this county. Why
does any member of this board want to be exclusive instead of
inclusive? I don't really understand that, and I'm really ashamed of
what's going on.
CHAIRMAN FIALA: Commissioner Halas?
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December 1, 2009
COMMISSIONER HALAS: We have a motion on the floor,
don't we?
COMMISSIONER HENNING: Yes, we do.
COMMISSIONER HALAS: Okay. And we have a second?
CHAIRMAN FIALA: Yep.
COMMISSIONER HALAS: I think we ought to just go ahead
and just call the question.
COMMISSIONER COYLE: What was the motion?
COMMISSIONER HALAS: To approve the agenda as is.
MS. FILSON: And you seconded.
COMMISSIONER COYLE: I did? It's been so long. So many
other people spent so much time talking, it's hard to remember that
long.
CHAIRMAN FIALA: And you're up for the third time, I think,
on this particular subject?
COMMISSIONER COYLE: No, no. I want it off.
CHAIRMAN FIALA: Okay. And Commissioner Coletta?
COMMISSIONER COLETTA: Fine. I don't think at any point
in time I asked for special consideration. I just asked for a time
consideration. If that's so terribly wrong, then we won't do it. But I
don't think it is. It just gives everyone a chance to be able to apply.
The civic association might be able to get someone to come in
there. They've been talking about redevelopment for many, many
years. They might be able to use their foundation to be able to aspire
somebody to be able to move something forward. We don't know
until somebody puts it out there.
And, you know, and I'm sorry you're so disappointed in the
discussion that takes place. It's give and take going back and forth,
five people with different ideas to reach a common conclusion.
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: And I -- I'm not going to stop,
because I think this is appalling. You know, I am not opposed to
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December 1, 2009
conversation. What I am opposed to is the discussion of exclusivity
by members of this Board of County Commissioners.
My embarrassment is trying to take monies that is available to
target in certain areas when we all gain if a job is created in Collier
County, whether it's in the coast or whether it's in Ave Maria,
Immokalee, or wherever. It doesn't matter.
By not having options is not a good thing. And in my point is, I
see two commissioners trying to target this money in two areas and --
when you have an opportunity to create much, much more.
CHAIRMAN FIALA: Commissioner Henning, it started out that
David applied for it for those two areas. He and Penny worked
together to apply for it. The committee, who didn't work with them,
expanded it. At the same time, as David just said to us, this is
available to everybody. It's not exclusive. It's applied for by these
two areas. But exclusivity, I don't think so.
It just is applied to them, but anybody in a three-month period or
four-month period can apply for and receive that money and we
approve it.
COMMISSIONER HENNING: Then why do you --
CHAIRMAN FIALA: And I get offended by you saying
something like that. And it's hard to offend me very often, but that
one does.
COMMISSIONER HENNING: Why do you want to exclude it
just to the CRAs?
COMMISSIONER COLETTA: Well, what's with -- the lights
for if we're not going to follow them?
CHAIRMAN FIALA: I'm sorry.
COMMISSIONER COLETTA: I was quiet until he got through.
CHAIRMAN FIALA: I'm sorry. Go ahead, yes. You're right.
COMMISSIONER COLETTA: Yeah. Commissioner Henning,
I can't let this go. You're not listening to what I'm saying. I'm not
asking to exclude it to any area. We got through that part of the
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conversation a long time ago. And if you were paying attention, you
would have seen it. What I'm asking for is a time period that brings
them all together so we can consider them en masse for the value that
they have to offer.
Now, something that's from a less-than-disadvantaged area might
not have a program that would apply as well as something from a
more progressive area. It might -- they might get a bigger bang for the
buck. That's something we can weigh. We can only weigh it if we get
them all together at the same time. That's the only thing I'm looking
for here.
COMMISSIONER HENNING: That isn't what you said.
COMMISSIONER COYLE: It changed.
CHAIRMAN FIALA: We have a motion on the floor and a
second.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: That's a 3-2 vote.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Commissioner, we can't move forward on the next
item because it's a time certain for three o'clock, so --
COMMISSIONER COYLE: We can do commissioners'
comments, can't we?
CHAIRMAN FIALA: Yes, we can do that.
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December 1, 2009
COMMISSIONER HALAS: Why don't we take a break.
CHAIRMAN FIALA: Well, we'll-- after commissioners'
comments, let's take a break then, or would you like to take it before?
COMMISSIONER COYLE: Let's take it now -- I mean, let's do
commissioners' comments now, then we'll--
CHAIRMAN FIALA: Okay.
COMMISSIONER COYLE: Ifwe don't take a long time, we'll
have a long break.
CHAIRMAN FIALA: Okay.
County attorney?
MR. KLA TZKOW: Yes. I need to -- well, I'd like to announce a
shade session for the following meeting, December 15th. I'm asking
to meet with the board Tuesday, December 15th at 12 noon in this
building. In attendance will be County Manager Leo Ochs, myself,
Assistant County Attorney Steven Williams.
What I'd like to discuss with you is the Grider case again. There
are two cases pending in Collier County. One is case number
08-7794, and the other is 09-3164. And I don't expect it will take
more than ten or 15 minutes.
CHAIRMAN FIALA: Any problem with that?
COMMISSIONER COYLE: Not me.
CHAIRMAN FIALA: Commissioners? Any problem?
COMMISSIONER HENNING: Good.
CHAIRMAN FIALA: Okay. No exclusively or anything on this
one, okay. Move forward with that one.
County manager?
MR. OCHS: Yes, ma'am. Just a couple of quick things. Mr.
Schmitt was -- wanted to speak to the board about a Planning
Commission workshop out in Immokalee and get some guidance from
the board, just real quickly.
MR. SCHMITT: Again, for the record, Joe Schmitt, Community
Development.
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December 1, 2009
Out of courtesy and at the request of the chairman of the
Planning Commission, he asked that I inform the board, on December
16th at four p.m. at the Collier County Service Center we're going to
hold a workshop to deal with the Immokalee Area Master Plan. It
would be a staff, in conjunction -- well, it's a Planning Commission
workshop hosted by staff and the CRA to begin to work through some
of the issues on the Immokalee Area Master Plan.
We just wanted to inform you out of courtesy because that will
be our meeting in Immokalee. The intent is not to have a public
meeting in Immokalee just because of the logistics and the expense,
but this will be a workshop. And the reason it's a workshop, we can
have summary minutes. I don't have to have verbatim minutes, I don't
have to bring the TV cameras out there, and it's minimal set up. It's
minimal cost. And so I just wanted to inform the board out of
courtesy.
We are still continuing with our advertised meetings in regards to
the Immokalee Area Master Plan. You'll see that 4 May and 18 May.
The Planning Commission currently have scheduled meetings, 16
February and 18 February.
But this is a December 16th meeting, again, with the CRA and
staff and the Planning Commission simply to begin to vet the process
and look at the master plan in itself and begin to determine how we're
going to proceed as we go through the public hearing process, because
this is a very -- as you well know, this is a very extensive amendment
to your Growth Management Plan.
And that's all I have, simply a courtesy. And if you have any
guidance of either staff or the Planning Commission, we certainly
would appreciate it.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Joe, I just want to thank you and
especially Mark Strain and the Planning Commission for having the
foresight to take that meeting to Immokalee.
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What -- today we recognized two people that have been serving
on the advisory committee for five years of service. They have almost
six years into this, and it's finally coming to a conclusion, and now we
need to be able to get the residents involved in Immokalee, and I think
this is wonderful.
MR. SCHMITT: Thanks.
CHAIRMAN FIALA: Can we all come to that meeting if our
schedules are free?
MR. SCHMITT: Well, it's an advertised meeting. If the -- more
than one board member comes, we would have to advertise, of course,
that you as a board member would attend only because it'd be more
than one commissioner at a meeting. But you would only be attending
certainly --
CHAIRMAN FIALA: Right.
MR. SCHMITT: -- maybe as nothing more than observing.
CHAIRMAN FIALA: As an audience member, yeah.
COMMISSIONER COLETTA: Yeah, that would be a great
idea.
CHAIRMAN FIALA: Maybe you ought to include that in your
advertising.
MR. SCHMITT: We will just, in the advertisement, just note
that -- the possibility of, one or more county commissioners will be in
attendance, could be in attendance.
COMMISSIONER COLETTA: That's great.
MR. SCHMITT: Okay.
CHAIRMAN FIALA: Okay. Thank you.
MR. OCHS: Commissioner, the only other item I wanted to
close the loop on, the question you had this morning on a piece of
backup material for Item 16G5. It was a termination of a lease in the
CRA. And we had a letter as backup that seemed to be missing a
page. I'll just refer you to the bottom of the document. It just kind of
cuts off. And we did get ahold of David's staff.
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What we really found out was that there was a couple of lines left
off of that last -- that last sentence. So -- I'll get them up here on the
visualizer. You can see that this is the full letter on the bottom here.
There's two more lines below what you had in your backup there, and
that was the difference in those letters.
CHAIRMAN FIALA: Oh, thank you. I had no idea what
followed that.
MR.OCHS: No, it just cut off the bottom, the printer did, and
I'm sorry for that. That was the only change, and we'll make sure that
the court reporter has the right version.
CHAIRMAN FIALA: Okay.
MR. OCHS: That's all I had, ma'am.
CHAIRMAN FIALA: Okay. Commissioner Henning?
COMMISSIONER HENNING: Yeah, I don't think so.
CHAIRMAN FIALA: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: No, I'm fine.
CHAIRMAN FIALA: Commissioner Coyle?
COMMISSIONER COYLE: Nothing from me.
CHAIRMAN FIALA: I have something. I had heard from the
Early Learning Coalition, and they had asked if we would have a
designee to serve representing Collier County on their board. And
they had designated or they had suggested that Barry Williams would
be the person to do that. And they asked if I could -- let's see -- would
request a letter to be prepared for me to sign stating that Barry
Williams will serve on the Early Learning Coalition Board as a
representative of the Board of County Commissioners, and that was
okay with you, County Manager?
MR.OCHS: Yes, ma'am.
CHAIRMAN FIALA: And it was okay with Marla Ramsey?
MS. RAMSEY: (Nods head.)
CHAIRMAN FIALA: Okay. So I would then ask
commissioners for their approval.
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December 1, 2009
COMMISSIONER HENNING: That's -- maybe should come
from the county manager because that's his staff member, and we can't
-- I don't think we should be directing -- saying that we're going to
provide somebody when really it should be coming from the county
manager.
MR. OCHS: No, Commissioner. The letter that came to the
Chair asked that she confirm that appointment on behalf of the board,
and so I suggested that, you know, whenever they ask, you know, the
Chair to make a representation on behalf of the board, that we get the
board's endorsement to do that.
COMMISSIONER HENNING: I know, but the county manager
ordinance says that we cannot --
CHAIRMAN FIALA: But he asked me to do this.
MR.OCHS: Yes, I did.
COMMISSIONER HENNING: -- interfere with the day-to-day
business of staff members.
MR. OCHS: I understand. This is really Barry serving not in an
official parks and rec capacity, but really doing as a board member for
this Early Learning Coalition, so --
MR. KLA TZKOW: Is this a voluntary --
MR. OCHS: Yes, it's a nonpaid voluntary --
MR. KLATZKOW: He's not doing this as part of his role for the
county; he's just voluntarily appearing as a private citizen, right?
MR.OCHS: I'm going to bring Marla up just to confirm, Jeff.
COMMISSIONER COYLE: Could I offer a suggestion that will
solve that problem?
CHAIRMAN FIALA: Sure.
COMMISSIONER COYLE: Why don't we just change the
motion to say that we're ratifying the county manager's
recommendation of appointment to this position?
MR.OCHS: That's fine, too.
COMMISSIONER COYLE: And then it solves the problem.
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December 1, 2009
COMMISSIONER HENNING: Right.
CHAIRMAN FIALA: Fine with me.
Marla?
MS. RAMSEY: Marla Ramsey, Public Services administrator.
There was a request that there be a county representative on the board.
That's how it started off, and it was a request -- started with Marcy
Krumbine, but then -- she doesn't really do children, so the best fit that
we have is Barry, and Barry did go to -- it's a regional board. It meets
in Fort Myers, and it meets quarterly, I think, and discusses issues
related to early learning, after-school programs, and pre-school and
things like that, so it is a government request, I believe.
MR. KLATZKOW: Which makes it a county manager decision,
really.
MR.OCHS: Well, with Commissioner Coyle's suggestion--
MR. KLATZKOW: Ratify it.
MR. OCHS: -- we can go ahead and do that.
COMMISSIONER HENNING: Right.
CHAIRMAN FIALA: But I didn't do this behind his back. He
and I worked on this together and he asked me to present.
MR.OCHS: Absolutely, absolutely.
COMMISSIONER HENNING: Well, you don't want this, in ten
years, to come back say, oh, see what they did. You know what I
mean?
MR.OCHS: Sorry I brought it up.
CHAIRMAN FIALA: No, that's all right. That's all right. I'm
sorry that this --
COMMISSIONER COYLE: Motion to censor the county
manager for bringing it up.
MR.OCHS: Second, second.
COMMISSIONER COLETTA: Aye.
COMMISSIONER COYLE: Are we going to do something with
't?
1 .
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December 1, 2009
MR. OCHS: I've got your intent now.
CHAIRMAN FIALA: Commissioner Coyle, your button's on
now.
COMMISSIONER COYLE: Okay. Then you want me to make
a motion to solve this?
CHAIRMAN FIALA: Okay.
COMMISSIONER COYLE: I make a motion that we -- we
endorse the county manager's selection of Barry to serve on this
particular committee.
COMMISSIONER HALAS: Second.
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: Okay, second and a third. The second was
from Commissioner Coletta, who has asked to speak next.
COMMISSIONER COLETTA: No. I no longer need to speak.
CHAIRMAN FIALA: Okay. 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.)
MR. OCHS: Thank you.
CHAIRMAN FIALA: Thank you.
So Commissioner Halas, do you have any comments?
COMMISSIONER HALAS: No, I don't. I'm all set. Thank you
very much.
CHAIRMAN FIALA: Okay. Then we'll take a break, and we'll
come back at three o'clock for the time certain.
MR. OCHS: Thank you.
(A brief recess was had.)
CHAIRMAN FIALA: We're back in session.
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December 1, 2009
COMMISSIONER HENNING: Commissioner Fiala?
CHAIRMAN FIALA: Yes.
COMMISSIONER HENNING: May I apologize if} offended
any of the other commissioners for my comments?
CHAIRMAN FIALA: Other ones besides me you mean, or you
mean all of us?
COMMISSIONER HENNING: I said commissioners. I said
plural.
CHAIRMAN FIALA: Oh.
COMMISSIONER COYLE: Well, I apologize if} didn't offend
somebody.
COMMISSIONER COLETTA: Yeah, you ought to apologize.
COMMISSIONER HENNING: Well, I accept your apology.
COMMISSIONER COLETTA: Yeah, no problem.
MR.OCHS: Commissioners, your last--
COMMISSIONER COYLE: I'll try harder next time.
CHAIRMAN FIALA: You do a good job.
COMMISSIONER COYLE: Do I? Good, good.
Item #8D, #8E and # tOE (DISCUSSED AS A GROUP)
Item #8D
ORDINANCE 2009-68: ESTABLISHING THE CITY GATE
COMMUNITY DEVELOPMENT DISTRICT (CDD) PURSUANT
TO SECTION 190.005, FLORIDA STATUTES. (THIS IS A
COMPANION TO ITEM #10E.) - ADOPTED
Item #8E
ORDINANCE 2009-69: AMENDING THE CITY GATE
COMMERCE PARK PUD (ORDINANCE NO. 88-93) ALLOWING
Page 154
December 1, 2009
STREETS TO BE PUBLIC. (THIS IS A COMPANION TO ITEM
#10E.) - ADOPTED
Item #10E
A DEVELOPERS CONTRIBUTION AGREEMENT (DCA)
BETWEEN CITY GATE DEVELOPMENT, LLC, AND CG II, LLC
(DEVELOPER) AND COLLIER COUNTY (COUNTY) DEFINING
TRANSPORTATION COMMITMENTS, ENHANCE ACCESS
AND PRESERVE THE FUTURE WILSON/BENFIELD
TRANSPORT A TION CORRIDOR. DUE TO THE SIZE OF THE
EXHIBITS, THEY WILL NOT BE PRINTED, BUT CAN BE
VIEWED AT THE COMMUNITY DEVELOPMENT DIVISION.
(THIS IS A COMPANION TO ITEMS #8D AND #8E.)-
APPROVED
CHAIRMAN FIALA: You have three related items for a three
o'clock time certain, ma'am.
The first one is Item 8D, and that was an item that was continued
from the October 27,2009, and the November 10,2009, BCC
meeting.
It's a recommendation to consider adoption of an ordinance
establishing the City Gate Community Development District pursuant
to Section 109.005, Florida Statute. You have a companion item of
10E, which is a recommendation for the board to approve a developer
contribution agreement between City Gate Development, LLC, and
CG II, LLC, and Collier County to define transportation
commitments, enhance access and preserve the future Wilson/Benfield
transportation corridor.
And then finally, you have Item 8E, which was also continued
from the November 10,2009, BCC meeting, and this particular item
requires all participants to be sworn and ex parte disclosure provided
Page 155
December 1, 2009
by commission members, and it's a recommendation to consider
adoption of an ordinance amending the City Gate Commerce Park
PUD to allow streets to be public.
COMMISSIONER HENNING: Motion to approve all of them.
COMMISSIONER COLETTA: Second.
COMMISSIONER COYLE: Yeah.
CHAIRMAN FIALA: So do we have any speakers, Sue?
MS. FILSON: No, ma'am.
CHAIRMAN FIALA: No speakers. Do we have to have people
sworn in and declare ex parte?
MR. OCHS: On -- I believe on 8E you do, Jeff?
MR. KLA TZKOW: Yeah, we should have the ex parte at the
very least.
CHAIRMAN FIALA: Okay. Would everybody please rise who
would be presenting and be sworn in.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN FIALA: And commissioners declare ex parte,
please. We'll start with Commissioner Coyle.
COMMISSIONER COYLE: I have had meetings with Rich
Y ovanovich, Steve Norrins --
CHAIRMAN FIALA: No, no, different one. City Gate.
COMMISSIONER COYLE: I'm sorry, I'm sorry, I'm sorry.
Wrong page.
Okay. I've had meetings with Ron Rice both on site and in my
office, along with Don Pickworth, Roger Rice, and John Steinhauer.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: Yes. I've also met with Ron Rice
out at the project, I met with John Steinhaur and Roger Rice and Don
Pickworth. That was on November the 12th. And I also had another
meeting here in the commissioners' conference room in regards to an
update on some items.
So that's all my disclosure. And all my information here -- I did
Page 156
December 1, 2009
not receive any -- have any meetings in regards -- wait, excuse me --
meetings and I had correspondence, but no emails or phone calls on
this.
CHAIRMAN FIALA: Okay.
COMMISSIONER HALAS: That's it.
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Yes, had meetings,
correspondence, Ron Rice, and Don Pickworth a number of times and
I also went out to the site.
CHAIRMAN FIALA: Okay. Commissioner Halas--
Commissioner --
COMMISSIONER HALAS: Henning.
CHAIRMAN FIALA: -- Henning. Sorry.
COMMISSIONER COYLE: Would you like a sign down there,
Commissioner Henning?
CHAIRMAN FIALA: Would you please give him one.
COMMISSIONER HENNING: Yeah, would you pass it down
here.
I met with Mr. Rice, Mr. Pickworth, and Mr. Rice.
CHAIRMAN FIALA: Thank you. And I also went out to the
site and met with Ron Rice out there to view the site, and then I met
with them in my office, Ron Rice, Roger Rice, Don Pickworth, John
Steinhaur.
Okay.
MR.OCHS: Ma'am, I'm just going to ask the county attorney if
he needs to take these in any particular order, or if we can take them
as a group?
MR. KLATZKOW: I suggest you take them as a group, same as
the other one earlier today.
MR.OCHS: Okay.
CHAIRMAN FIALA: Which is 8D, 8E and ten --
COMMISSIONER HALAS: E.
Page 157
December 1, 2009
MR. OCHS: tOE.
CHAIRMAN FIALA: 10E.
MR. OCHS: That's correct.
COMMISSIONER COYLE: Was there an earlier motion to
approve?
CHAIRMAN FIALA: Yes, there was, yes. And was there a
second?
MS. FILSON: Yes.
CHAIRMAN FIALA: Who was second?
COMMISSIONER COLETTA: I was.
MS. FILSON: Commissioner Henning made the motion,
Commissioner Coletta seconded it.
CHAIRMAN FIALA: Okay. Do we need to put anything on the
record on this? We're all okay with all three items?
MR. KLATZKOW: You've got a full executive summary and
there's nobody here to speak.
CHAIRMAN FIALA: And was this for all three items that you
made the motion, and the same with your second?
COMMISSIONER COLETTA: That's correct.
CHAIRMAN FIALA: I have no commissioners asking to speak
on this item.
All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign?
(No response.)
CHAIRMAN FIALA: We're done.
COMMISSIONER HENNING: Motion to adjourn.
MR. OCHS: Motion to adjourn.
Page 158
December 1, 2009
COMMISSIONER COYLE: Second.
CHAIRMAN FIALA: We already have a motion to adjourn
from Commissioner Henning, a second from Commissioner Coyle.
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: Thank you.
COMMISSIONER HENNING: Good luck.
Item #16Al - Continued to the December 15,2009 BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO DIRECT THE COUNTY MANAGER
OR HIS DESIGNEE TO PROVIDE A REFUND IN THE AMOUNT
OF $1,052.28 FOR A PORTION OF THE PETITION FEE
RECEIVED FOR A RECENTL Y WITHDRAWN 2007-2008
CYCLE GROWTH MANAGEMENT PLAN AMENDMENT
PETITION
Item #16A2
WAIVING FINES AND RELEASE OF LIEN IN THE CODE
ENFORCEMENT ACTION ENTITLED FELIPE AND ISABEL
RAMIREZ, CASE NO. CENA-2008-0008113 RELATING TO
PROPERTY LOCATED AT 3503 WESTCLOX STREET,
IMMOKALEE, FLORIDA - FOR FINES IN THE AMOUNT OF
$9.000
Page 159
December 1,2009
Item #16A3
RELEASE AND SA TISF ACTION OF LIEN FOR PAYMENT IN
FULL RECEIVED FOR THE CODE ENFORCEMENT ACTION
ENTITLED BOARD OF COUNTY COMMISSIONERS VS.
SA TRICE METELUS, SPECIAL MAGISTRATE CASE NO.
2007030478, RELATING TO PROPERTY LOCATED AT 3169
ARECA AVENUE, NAPLES, FLORIDA - PAYMENT IN FULL
OF $2,246.18, WHICH INCLUDES $246.18 IN OPERATIONAL
COSTS
Item #16A4
A PROPOSED SETTLEMENT PROVIDING FOR WAIVER OF
FINES AND RELEASE OF LIEN IN THE CODE
ENFORCEMENT ACTION ENTITLED OCCEUS SAINTILIEN,
MALVEILLEAS ESTERVENE & JEAN THERMIDOR, CASE NO.
2006-22, RELATING TO PROPERTY LOCATED AT 513
STOKES A VENUE, IMMOKALEE, FLORIDA - FOLIO
#00135560004
Item #16A5
RELEASE AND SA TISF ACTION OF LIEN FOR PAYMENT OF
OPERATIONAL COSTS ONLY FOR THE CODE
ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY
COMMISSIONERS VS. CHRIS POSADA, CEB CASE NO. 2004-
016 RELATING TO PROPERTY LOCATED AT 5238 HOLLAND
STREET. NAPLES. FLORIDA - FOLIO #62155680009
Item #16A6
Page 160
December 1, 2009
RELEASE OF AN ORDER OF THE CODE ENFORCEMENT
SPECIAL MAGISTRATE AGAINST PROPERTIES OWNED BY
TARPON COVE COMMUNITY ASSOCIATION, INC., IN CODE
ENFORCEMENT CASE ENTITLED BOARD OF COUNTY
COMMISSIONERS VS. TARPON COVE COMMUNITY ASSN.
INC., SPECIAL MAGISTRATE CASE NO. PU-4457 - WITH A
RECORDING COST OF $10.00
Item #16A7
RELEASE OF AN ORDER OF THE CODE ENFORCEMENT
SPECIAL MAGISTRATE AGAINST PROPERTIES OWNED BY
PHYLLIS J. PLASTER, TRUSTEE, IN CODE ENFORCEMENT
CASE ENTITLED BOARD OF COUNTY COMMISSIONERS VS.
PHYLLIS J. PLASTER, TRUSTEE, SPECIAL MAGISTRATE
CASE NO. PU-3805 - WITH A RECORDING COST OF $10.00
Item #I6A8
A PROPOSED SETTLEMENT PROVIDING FOR COMPROMISE
AND RELEASE OF LIEN IN THE CODE ENFORCEMENT
ACTION ENTITLED KERRY HYPPOLITE, CASE NO.
2007090300 RELATING TO PROPERTY LOCATED AT 2640
SANTA BARBARA BOULEVARD, NAPLES, FLORIDA - A
PAYMENT OF $18,396 HAS BEEN MADE WHICH INCLUDES
OPERATIONAL COSTS (WAIVING $18.619.26 IN FINES)
Item # I6B 1
FUNDING AGREEMENT NO. 4600001684, AMENDMENT NO.
01 IN THE AMOUNT OF $1,200,000.00 WITH THE SOUTH
Page 161
December 1, 2009
FLORIDA WATER MANAGEMENT DISTRICT FOR
ASSISTANCE WITH THE CONSTRUCTION OF THREE (3)
LEL Y AREA STORMW A TER IMPROVEMENT PROJECTS
(LASIP): (1) LEL Y MAIN CANAL EAST/WEST, (2) LEL Y
MANOR CANAL SOUTH, AND (3) LEL Y MANOR CANAL
NORTH AND EXTENDING THE CONSTRUCTION TIME
SCHEDULE FOR THE GA TEW A Y TRIANGLE STORMW A TER
IMPROVEMENT PROJECT
Item #16B2
BID #10-5367--IMMOKALEE ROAD LANDSCAPE
MAINTENANCE PHASE 2 & 3 (1-75 TO COLLIER) TO
HANNULA LANDSCAPING & IRRIGATION INC. WITH AN
ANNUAL ESTIMATED BASE SERVICE OF $64,597.08 (FUND
111 , VARIOUS COST CENTERS) - A ONE YEAR CONTRACT
WITH UP TO THREE. ONE YEAR RENEWALS
Item # 16B3
BID 10-5357-- VANDERBILT BEACH ROAD LANDSCAPE
MAINTENANCE PHASE 1 & 2 TO HANNULA LANDSCAPING
& IRRIGATION INC. WITH AN ANNUAL ESTIMATED BASE
SERVICE OF $89,767.16 (FUND 111, VARIOUS COST
CENTERS) - A ONE YEAR CONTRACT WITH UP TO THREE,
ONE YEAR RENEWALS
Item # 16B4
CHANGE ORDER #2 FOR KELLY BROTHERS, INC. FOR THE
COUNTY BRIDGE REPAIR AND RESTORATION PROGRAM,
PROJECT #66066, CONTRACT #08-5135 IN THE AMOUNT OF
Page 162
December 1, 2009
$44,302.00 FOR ADDITIONAL REPAIRS NEEDED TO BOTH
THE CHOKOLOSKEE AND OIL WELL ROAD BRIDGES - FOR
DAMAGE THAT WAS UNDERWATER AND NOT VISABLE
DURING INSPECTIONS
Item #16B5
ADVERTISING AN ORDINANCE AMENDING COLLIER
COUNTY ORDINANCE 2001-43, AS AMENDED (THE
VANDERBILT BEACH BEAUTIFICATION MUNICIPAL
SERVICE TAXING UNIT), INCORPORATING PROVISIONS TO
FACILITATE THE ONGOING CONVERSION OF OVERHEAD
UTILITY DISTRIBUTION FACILITIES TO UNDERGROUND
SERVICE WITHIN THE MSTU BOUNDARIES - TO BE
BROUGHT BACK AT A FUTURE BCC MEETING
Item #16Dl
AN AGREEMENT WITH THE AGENCY FOR HEALTH CARE
ADMINISTRATION IN THE AMOUNT OF $2,221,077 TO
PARTICIPATE IN THE MEDICAID LOW INCOME POOL
PROGRAM FOR SERVICES PROVIDED ON BEHALF OF THE
HOUSING AND HUMAN SERVICES DEPARTMENT IN ORDER
TO GENERATE AN ADDITIONAL $567,347 IN FEDERAL
MATCHING FUNDS - ADDITIONAL FUNDING FOR THE
COUNTY HEALTH DEPARTMENT, THE DAVID LAWRENCE
CENTER AND SOCIAL SERVICES
Item #16D2
AMENDMENT #3 BETWEEN COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS AND THE AREA AGENCY ON
Page 163
December 1, 2009
AGING OF SOUTHWEST FLORIDA, INC. AND A BUDGET
AMENDMENT TO REFLECT AN INCREASE OF $25,000 IN
THE OLDER AMERICANS ACT PROGRAM - THE INCREASE
IN THE CON GREGA TE MEALS PROGRAM UNTIL
DECEMBER 31. 2009
Item # 16D3
BUDGET AMENDMENTS TOTALING $545,000 ENSURING
CONTINUOUS FUNDING OF THE OLDER AMERICANS ACT
GRANT IN THE SERVICES FOR SENIORS PROGRAM FOR FY
2010 AND THE CONTINUED PAYMENT OF GRANT
EXPENDITURES - TO BEGIN JANUARY 1,2010 AND RUN
THROUGH DECEMBER 31. 2010
Item #16D4
ADDITIONAL FUNDING FROM THE 4-H FOUNDATION
CLUBS, INC., IN THE AMOUNT OF $13,694.00; $6,230 IN
PRIVATE CONTRIBUTIONS; AND A BUDGET AMENDMENT
IN THE AMOUNT OF $19,924.00 - TO PARTIALLY FUND A
FULL TIME 4-H OUTREACH COORDINATOR POSITION
Item #16D5
AMENDMENT NO.4 TO THE FDEP COST SHARE CONTRACT
NO. 05C01 FOR THE CONSTRUCTION AND MONITORING OF
THE CITY OF NAPLES/COLLIER COUNTY BEACH
RENOURISHMENT PROJECT PROVIDING ADDITIONAL
ST A TE FUNDING IN THE AMOUNT OF $85,231; AND
EXECUTING THE AMENDMENT
Page 164
December 1, 2009
Item #16E1 - Continued to the January 12,2010 BCC Meeting
(Per Agenda Change Sheet)
RECOMMENDATION TO APPROVE FIRST AMENDMENT TO
LEASE AGREEMENT, A/K/ A THE CATTLE LEASE, FOR THE
PEPPER RANCH PRESERVE UNDER THE CONSERVATION
COLLIER LAND ACQUISITION PROGRAM - DUE TO
ACREAGE AMOUNTS AND LOCATIONS IDENTITIFED IN
THE AGREEMENT WERE NOT ACCURATE
Item # 16E2
LETTER OF AGREEMENT WITH QUEST DIAGNOSTICS, INC.
EFFECTIVE JANUARY 1,2010 PROVIDING ONSITE
BIOMETRIC AND LABORATORY TESTING SERVICES IN
SUPPORT OF THE WELLNESS BASED INCENTIVE
PROGRAM. (FISCAL IMP ACT $142,450)
Item # 16E3
RFP # 09-5252 INDOOR AIR QUALITY, TO PURE AIR
CONTROL SERVICES, INC., FOR INDOOR AIR QUALITY
(IAQ) TESTING, CLEANING AND REMEDIATION SERVICES
AT AN ESTIMATED ANNUAL COST OF $100,000 - FOR
MAINTENANCE ON COUNTY -OWNED AND OPERA TED
STRUCTURES
Item #16E4
REPORT AND RATIFY PROPERTY, CASUALTY, WORKERS
COMPENSATION AND SUBROGATION CLAIMS SETTLED
AND/OR CLOSED BY THE RISK MANAGEMENT DIRECTOR
Page 165
December 1, 2009
PURSUANT TO RESOLUTION NO. 2004-15 FOR FY 09 - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16E5
RE-APPROPRIATE $50,370 PREVIOUSLY APPROVED IN
FISCAL YEAR 2009 FROM THE GAC LAND TRUST TO THE
BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE
DISTRICT FOR THE PURCHASE OF SIX MOBILE DATA
TERMINALS
Item #16E6
RE-APPROPRIA TE $54,000 PREVIOUSLY APPROVED IN
FISCAL YEAR 2009 FROM THE GAC LAND TRUST TO THE
GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT FOR
THE PURCHASE OF SIXTEEN MOBILE DATA TERMINALS
Item #16Fl
RESOLUTION 2009-282: FLORIDA EMERGENCY MEDICAL
SERVICES COUNTY GRANT APPLICATION, GRANT
DISTRIBUTION FORM AND RESOLUTION FOR THE
FUNDING OF TRAINING AND MEDICAL/RESCUE
EQUIPMENT AND SUPPLIES IN THE AMOUNT OF $119,847.00
AND A BUDGET AMENDMENT - TO IMPROVE PRE-
HOSPITAL EMERGENCY MEDICAL SERVICES
Item #16F2
THE PLACEMENT OF THE REMAINING 5.11 ACRE
BEMBRIDGE PROPERTY LOCATED ON SANTA BARBARA
Page 166
December 1, 2009
BOULEVARD FOR SALE AT A PRICE AT OR NEAR MARKET
VALUE, BUT NOT LESS THAN $450,000 - PROCEEDS CAN BE
UTILIZED FOR DEBT SERVICES ON EXISTING LOANS OR
THE CONSTRUCTION OF A NEEDED F ACILITY AT
V ANDERBIL T ROAD AND LOGAN BLVD SITE
Item #16F3
THE PURCHASE OF THREE WEA THERBUG STATIONS TO
ENHANCE THE CAPABILITIES OF FIRST RESPONDERS,
RECOGNIZING WEA THERBUG AS A SOLE SOURCE
VENDOR, AUTHORIZING THE CHAIRMAN TO SIGN THE
AGREEMENT, AND THE ASSOCIATED BUDGET
AMENDMENT. (FISCAL IMPACT $61,470.) - TO COVER THE
SOUTHERN AREAS OF THE COUNTY
Item #16F4
BUDGET AMENDMENT IN THE AMOUNT OF $1,000,000
PURSUANT TO ORDINANCE 2009-58 INCREASING THE
ADOPTED BUDGET FOR TOURISM PROMOTION,
ADVERTISING AND MARKETING AS APPROPRIATED
WITHIN FUND (184), AS PREVIOUSL Y DIRECTED BY THE
BCC - AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16Gl - Moved to Item #14A (Per Agenda Change Sheet)
Item #16G2
RFP #09-5333 TO RWA, INC., FOR UPDATING THE
BA YSHORE GATEWAY TRIANGLE CRA OVERLAYS AS
THEY RELATE TO THE COLLIER COUNTY LAND
Page 167
December 1, 2009
DEVELOPMENT CODE AND EXECUTING THE COUNTY'S
STANDARD AGREEMENT. (FISCAL IMPACT $105,000) - TO
EV ALUA TE THE EFFECTIVINESS OF THE CURRENT
REGULATIONS AND IDENTIFY ANY DEFICIENCIES
Item #16G3
A BROWNFIELD SITE REHABILITATION AGREEMENT WITH
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION TO REHABILITATE A BROWNFIELD SITE
WITHIN A DESIGNATED BROWNFIELD AREA; SIGNING ALL
ENABLING DOCUMENTS; AND AUTHORIZING THE
BA YSHORE GA TEW A Y TRIANGLE EXECUTIVE DIRECTOR
TO COMPLY WITH ALL PROVISIONS OF THE AGREEMENT
AND APPLY FOR THE VOLUNTARY CLEANUP TAX CREDIT
FOR REMEDIATION ACTIVITIES PERFORMED IN
CALENDAR YEAR 2009. (CRA FISCAL IMPACT - $250) - TO
RECEIVE INCENTIVES USED FOR REDEVELOPING SITES
THA T HA VE ENVIRONMENTAL CONT AMINA TION
Item #16G4
COMMERCIAL BUILDING IMPROVEMENT GRANT
AGREEMENT(S) BETWEEN THE COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY (CRA) AND A
GRANT APPLICANT(S) WITHIN THE BA YSHORE GA TEW A Y
TRIANGLE COMMUNITY REDEVELOPMENT AREA. (2669
DAVIS BOULEVARD / FISCAL IMPACT -- $1,500) - FOR THE
REPAINTING OF PROPERTY OWNED BY CENTRAL PARK
PROPERTIES.INC.
Item # 16G5
Page 168
December 1, 2009
COUNTY ATTORNEY TO FILE A LAWSUIT TO EVICT
SOUTHERN MOTOR SPORTS, INC. A FLORIDA
CORPORATION AND ITS PRINCIPLES, AFFILIATE ENTITIES
OR PERSONS, OR ANY COMBINATION THEREOF, FROM
CRA OWNED PREMISES IDENTIFIED IN A LEASE
AGREEMENT, DATED NOVEMBER 14,2008, INCLUDING BUT
NOT LIMITED TO, EVICTION, THE PURSUIT OF PAST DUE
RENT, DAMAGES, AND COSTS DUE AND OWING TO
COLLIER COUNTY CRA UNDER THE LEASE AGREEMENT
AND AS OTHERWISE PROVIDED BY LAW. (FISCAL IMPACT
- $325) - FOR PAST DUE RENT ON PROPERTY LOCATED AT
1936 DAVID BOULEVARD
Item #1611
MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH
ACTION AS DIRECTED
The following miscellaneous correspondence, as presented by the
Board of County Commissioners, has been directed to the various
departments as indicated:
Page 169
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
December I, 2009
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Minutes:
9)
10)
1)
Airport Authoritv:
Minutes of September 14, 2009.
2)
Animal Services Advisory Board:
Minutes of September 15, 2009.
3)
Board of Building Adiustments and Appeals:
Minutes of October 13,2009.
4)
Collier Countv Code Enforcement Board:
Minutes of September 24,2009.
5)
Contractors Licensing Board:
Minutes of September 17, 2009.
6)
Forest Lakes Roadwav and Drainage Advisorv Committee:
Agenda of October 14,2009.
Minutes of September 9,2009.
7)
Golden Gate Beautification Advisory Committee:
Agenda of August 11,2009; October 13, 2009.
Minutes of August 11,2009.
8)
Immokalee Enterprise Zone Development Agencv:
Agenda of September 16, 2009.
Minutes of August 19,2009; September 16,2009.
Immokalee Local Redevelopment Advisory Board:
Agenda of September 16, 2009.
Minutes of August 19, 2009; September 16,2009.
lmmokalee Master Plan and Visioning Committee:
Agenda of September 16, 2009 joint w/CRA; October 21, 2009 joint
w/CRA.
Minutes of August 19,2009 joint w/CRA; September 16,2009 joint
w/CRA.
11) Lelv Golf Estates Beautification Advisorv Committee:
Agenda of October 15,2009.
Minutes of September 17, 2009.
12) Librarv Advisorv Board:
Agenda of October 21,2009.
Minutes of September 16,2009.
13) Ochopee Fire Control District Advisory Committee:
Minutes of May 18,2009.
14) Parks and Recreation Advisory Board:
Minutes of September 16, 2009.
B. Other:
1)
Code Enforcement Special Magistrate:
Minutes of October 2, 2009.
December 1, 2009
Item # 1611
AN INTERLOCAL AGREEMENT FOR ELECTION SERVICES
FOR THE CITY OF NAPLES FEBRUARY 2, 2010 MUNICIPAL
ELECTION - FOR THE USE OF COUNTY -OWNED VOTING
EQUIPMENT
Item #16J2
REPORT OF INTEREST FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 2009 - NO INTEREST PAYMENTS WERE
MADE
Item #1613
DISBURSEMENTS FOR THE PERIOD OF OCTOBER 31,2009
THROUGH NOVEMBER 6,2009 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16J4
DISBURSEMENTS FOR THE PERIOD OF NOVEMBER 7,2009
THROUGH NOVEMBER 13,2009 AND FOR SUBMISSION
INTO THE OFFICIAL RECORDS OF THE BOARD
Item #16J5
DISBURSEMENTS FOR THE PERIOD OF NOVEMBER 14,2009
THROUGH NOVEMBER 20,2009 AND FOR SUBMISSION
INTO THE OFFICIAL RECORDS OF THE BOARD
Item #16Kl - Moved to Item #12A (Per Agenda Change Sheet)
Page 170
December 1, 2009
Item #16K2
OFFER OF JUDGMENT TO RESPONDENTS, MICHAEL AND
MARIE THOMPSON, FOR PARCEL NO. 125FEE IN THE
AMOUNT OF $241,401 IN THE LAWSUIT STYLED COLLIER
COUNTY V PASCAL J MURRAY, ET AI., CASE NO. 07-4784
(SANTA BARBARA BOULEVARD EXTENSION PROJECT NO.
60091) (FISCAL IMPACT $34, I 01) - FOR A 1.01 ACRE PARCEL
NEEDED FORA ROAD RIGHT-OF-WAY
Item #16K3 - Moved to Item #12B (Per Agenda Change Sheet)
Item #16K4
SETTLEMENT OF A LAWSUIT FILED AGAINST THE
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
BY CORNELIA SURR AND THOMAS SURR IN THE CIRCUIT
COURT FOR THE TWENTIETH JUDICIAL CIRCUIT, IN AND
FOR COLLIER COUNTY, FLORIDA FOR THE SUM OF
$15,000.00 AND EXECUTING THE SETTLEMENT
AGREEMENT - FOR AN ALLEGED INJURY SUSTAINED ON
NOVEMBER 15. 2004
Item # 16K5
SETTLEMENT FOR ALA WSUIT FILED AGAINST THE
BOARD OF COUNTY COMMISSIONERS BY BRIAN
ANDERMAN, AN EAST NAPLES FIREFIGHTER, IN COLLIER
COUNTY CIRCUIT COURT, FOR THE SUM OF $20,000.00 AND
EXECUTE THE SETTLEMENT AGREEMENT - FOR AN
ALLEGED BACK ON JUL Y18. 2004
Page 171
December 1, 2009
Item #16K6
RETENTION AGREEMENT FOR LEGAL SERVICES ON AN AS
NEEDED BASIS WITH THE LAW FIRM OF GRANT FRIDKIN
PEARSON ATHAN & CROWN. P.A.
Item #16K7
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $9,750
FOR PARCEL 152RDUE IN THE LAWSUIT STYLED COLLIER
COUNTY, FLORIDA V PATRICIA K. CARLYLE, ET AL, CASE NO.
07-2829-CA (OIL WELL ROAD PROJECT 60044). (FISCAL
IMPACT $14,468) - FOR A .052 ACRE PARCEL NEEDED FOR A
NON-EXCLUSIVE ROAD RIGHT-OF-WAY DRAINAGE AND
UTILITY EASEMENT
Item #16K8
STIPULA TED FINAL JUDGMENT IN THE AMOUNT OF
$795,000 FOR PARCEL 124FEE IN THE LAWSUIT STYLED
COLLIER COUNTY V PASCAL J MURRAY, Er AI., CASE NO.
07-4784-CA (SANTA BARBARA BOULEVARD EXTENSION
PROJECT #60091 (FISCAL IMPACT $180,700) - FOR THE
CONDEMNATION OF A 4.55 ACRE PARCEL NEEDED FOR
THE CONSTRUCTION OF A ROADWAY
Item #16K9
COUNTY ATTORNEY TO DRAFT AN ORDINANCE
CREATING THE MARCO ISLAND MUSEUM ADVISORY
BOARD TO REPORT TO THE BOARD OF COUNTY
Page 1 72
December 1, 2009
COMMISSIONERS AND SPECIFICALLY REVIEW
MANAGEMENT AND POLICY ISSUES PERTAINING TO THE
MARCO ISLAND MUSEUM
Item #16KI0
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$108,000 FOR PARCELS 153 AND 853 IN THE LAWSUIT
STYLED COLLIER COUNTY V TECH FOUNDATION, INC., ET
AI., CASE NO. 03-2499-CA (GOLDEN GATE P ARKW A Y
PROJECT NO. 60027) AND TO AUTHORIZE A BUDGET
AMENDMENT. (FISCAL IMPACT $73,037.40) - FOR A .417
ACRE PARCEL NEEDED FOR ROAD RIGHT-OF-WAY,
DRAINAGE AND UTILITY EASEMENT
Item #16Kll
A POLICY RELATING TO PROCLAMA nONS AWARDED BY
THE BOARD OF COUNTY COMMISSIONERS - SETTING
PARAMETERS FOR THE TYPE OF OCCASION ELIGIBLE FOR
THE RECOGNITION
Item #16K12
REJECT A SETTLEMENT OFFER TENDERED BY THE
PLAINTIFF IN THE LAWSUIT CAPTIONED MARK HOLMES V
COLLIER COUNTY BOARD OF COMMISSIONERS PENDING IN
THE UNITED STATES DISTRICT COURT FOR THE MIDDLE
DISTRICT OF FLORIDA. FT. MYERS
Item # 1 7 A
Page 173
December 1, 2009
ORDINANCE 2009-62: AN AMENDMENT TO ORDINANCE NO.
82-3, REMOVING THE PRESENT PROHIBITION ON
POSSESSION, SALE, IMPORTATION, OR RELEASE (INTO
COUNTY WATERS) OF TILAPIA, PURSUANT TO THE
BOARDS OCTOBER 27.2009 DIRECTION
Item #17B
ORDINANCE 2009-63: AN ORDINANCE ESTABLISHING
POLICIES, PROCEDURES AND A STANDARD FORM TO BE
USED BY THE BOARD OF COUNTY COMMISSIONERS WHEN
SELLING AND CONVEYING REAL PROPERTY ACQUIRED
UNDER THE NEIGHBORHOOD STABILIZATION PROGRAM
Item #17C
ORDINANCE 2009-64: AMENDING THE COLLIER COUNTY
CONSOLIDATED IMP ACT FEE ORDINANCE, ORDINANCE
NO. 2001-13, AS AMENDED, TO INCORPORATE A PROVISION
CLARIFYING THE IMPOSITION OF WATER AND SEWER
IMP ACT 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
Page 174
December 1, 2009
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 3:06 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DIS CTS UNDER ITS CONTROL
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DONNA FIA A, Chairman
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These minutes approved by the Board on
I /' or as corrected
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TRANSCRIPT PREPARED ON BEHALF OF GREGORY
COURT REPORTING SERVICES, INC., BY TERRI LEWIS.
Page 175