BCC Minutes 02/09/2010 R
February 9, 2010
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, February 9, 2010
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:
Fred Coyle
Jim Coletta
Donna Fiala
Frank Halas
Tom Henning
ALSO PRESENT:
Leo Ochs, County Manager
Michael Sheffield, Assistant County Manager
Jeffrey A. Klatzkow, County Attorney
Sue Filson, BCC Executive Manager
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
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AGENDA
February 9, 2010
9:00 AM
Fred W. Coyle, BCC Chairman Commissioner, District 4
Frank Halas, BCC Vice-Chairman Commissioner, District 2
Jim Coletta, BCC Commissioner, District 5; CRAB Chairman
Donna Fiala, BCC Commissioner, District 1; CRAB Vice-Chairman
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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February 9, 2010
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Dr, William Lone, Methodist Fellowship Church
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. January 12,2010 - BCC/Regular Meeting
C. January 13,2010 - BCC/EDC Workshop
D. January 19,2010 - BCC/GMP Special Meeting
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
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February 9, 2010
4. PROCLAMATIONS
A. Proclamation designating the year 2010 as the I OOth Year of Scouting in
America and February 2010 as Scouting's Anniversary Month, To be
accepted by Paul Pentilla Director ofField Services SW Florida Council;
Mike Lyster Immediate Past President SW Florida Council; Cindy Lyster
Alligator District Committee Member; Barbara Coen Alligator District
Committee Member; Bill Poteet Member of SW Florida Council Executive
Committee; Chris Poteet Star Scout Troop 2; and Jon Poteet Webelos II
Pack 21
B. Proclamation designating February 11,2010 as The First Tee of
Naples/Collier Day, To be accepted by Jennifer Varoski, Public Relations
Manager, Collier Enterprises and Cindy Darland, Executive Director, The
First Tee of Naples/Collier.
C. Proclamation designating March 23,2010 as Myra Janco Daniels Day, To be
accepted by Dr. Jeffrey Allbritten.
D. Proclamation congratulating Bethel AME Church for their 50th anniversary,
To be accepted by Dr. Wright, Reverend Stewart and LaVeme Franklin.
E. Proclamation designating February 14 through February 20,2010 as
Engineers Week in Collier County. To be accepted by Marlene Messam,
Alison Bradford and Ralph Verrastro.
5. PRESENTATIONS
A. Recommendation to recognize Linda Albertine, Fiscal Technician, Utilities
Finance Operations Department as the Employee of the Month for January
2010,
6. PUBLIC PETITIONS
A. Public petition request by Reverend Heidi M, Peck regarding non-profit
hourly rental rates.
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February 9, 2010
B. Public petition request by Mr. Sam J, Saad, Jr. regarding golf cart and
motorized wheelchair crossing,
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
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Vanderbilt Beach Beautification MSTU
Advisory Committee.
B. Appointment of members to the County Government Productivity
Committee,
C. Appointment of member to the Library Advisory Board.
D. Appointment of member to the Collier County Code Enforcement Board.
E. Appointment of member to the Black Affairs Advisory Board,
F. Appointment of member to the Health Facilities Authority.
G. Request Board to set the place and time for the Clerk, with the assistance of
the County Attorney's Office, to open and count the mail ballots of the
nominees to fill the vacancies on the Pelican Bay Services Division Board,
H. Recommendation to appoint County Commissioner(s) to serve on
Canvassing Board for the 20 I 0 Election.
I. Board consideration of adding the Marco Island Airport Taxiway Project to
the 2011 Federal Legislative Agenda. (Commissioner Fiala's request)
10. COUNTY MANAGER'S REPORT
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February 9, 2010
A. Recommendation to Award Contract No. 10-5198 Lely Area Stormwater
Improvement Project (LASIP) Lely Main Canal to Haskins, Inc, in the
amount of $814, 184 plus a ten (10) percent contingency of $81 ,418 totaling
$895,602 and award contract 10-5198 - Lely Manor Canal West Outfall
(North & South Sections) in the amount of $1 ,915,829 plus a ten (10)
percent contingency of $191,582 totaling $2,107,411 to Guymann
Construction Company, Inc" Project Number 51101, (Norman Feder,
Administrator, Transportation Services)
B. Recommendation to accept a report identifying the changes required to the
Airport Authority Ordinance and/or Administrative Code to restructure the
Airport Authority to operate similar to the operation of the Community
Redevelopment Agency Boards' Advisory Committees, (Winona Stone,
Assistant to the County Manager)
C. Recommendation to authorize the Department of Housing and Human
Services to work with the County Attorney to take all efforts to recapture
U,S, Housing and Urban Development (HUD) grant funding provided to the
Collier County Housing Development Corporation(CCHDC) now known as
the Housing Development Corporation of Southwest Florida (HDCSWFL)
including filing a lawsuit in the 20th Judicial Circuit ifnecessary for failure
to comply with the Grant Agreement to develop Cirrus Pointe and to seek
direction on whether to fund HDCSWFL for future grant awards, (Frank
Ramsey, Manager, Housing and Human Services)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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February 9, 2010
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of each
item. If discussion is desired by a member of the Board, that item(s) will be removed
from the Consent Agenda and considered separately.
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) This item reauires that ex parte disclosure be provided bv
Commission Members. Should a hearinl!: be held on this item, all
participants are reauired to be sworn in, This is a recommendation
to approve for recording the final plat of Heritage Bay Unit Three,
Escambia Bay Court Replat.
2) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Montreux at Fiddlers
Creek with the roadway and drainage improvements being privately
maintained.
3) Recommendation to approve an impact fee reimbursement requested
by Roetzel & Andress, LP A, on behalf of Pipers Crossing, LLC,
totaling $182,151.43, due to the cancellation of a building permit.
4) Recommendation to accept a proposed settlement providing for Partial
Release in the Code Enforcement Actions entitled Collier County v,
Michael Wade, Gregory Ott and Joseph J. Schwartz, Code
Enforcement Special Magistrate Case Nos, 2007060788,
CENA20080000197, CENA2008000688I and CENA20090013637,
for payment of $1 ,000 to release property known as 167 Collier Blvd
North (Parcel ID 22320280009), located within Collier County,
Florida,
5) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Ave Maria Phase Two
with the roadway and drainage improvements being privately
maintained.
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February 9,2010
6) Recommendation to approve an impact fee reimbursement requested
by Yas-Ari, LLC, totaling $93,244.45, due to the cancellation ofa
building permit.
B. TRANSPORTATION SERVICES
1) Recommendation to approve a change order to a work order in the
amount of$55,260,OO to Post, Buckley, Schuh & Jernigan, Inc,
(PBS&J) for Contract #06-3969 Fixed Term Professional Engineering
Services for the Lely Area Stormwater Improvement Project (LASIP),
Whitaker Road Improvements (Project No, 5110 I) to include design
and permit modifications to reduce the construction cost ofthe project
by more than $600,000,
2) Recommendation to award Bid #09-5264, Immokalee Road
MSTU/MSTD Landscape Maintenance to Florida Land Maintenance,
Inc, d/b/a Commercial Land Maintenance, Inc. in the estimated annual
amount of$117,00 1.58.
3) Recommendation to reject Bid #10-5403, Forest Lakes MSTU Project
F-63 Barrier WaiL
4) Recommendation to award Bid # I 0-5415, Radio Road MSTU Phase
III (Livingston Rd, to Airport Pulling) Part A: Curbing to Bonness
Inc, in the amount of$333,753,68 & Part B: Landscape & Irrigation
Installation to Hannula Landscape & Irrigation Inc, in the amount of
$203,062,02, and to approve the necessary budget amendment.
5) Recommendation to approve the purchase of a Perpetual, Non-
exclusive Road Right-of-Way, Drainage and Utility Easement which
is required for the construction of the Vanderbilt Beach Road
Extension Project, Project No, 60168, Phase I (Fiscal Impact:
$10,300.00),
6) Recommendation to approve a Resolution to declare a public purpose
for the distribution of bus passes and other promotional transit items
by Collier Area Transit (CAT) for the purpose of promoting transit.
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February 9, 2010
7) Recommendation to award contracts for RFP #09-5219, Annual
Contract for Bridge Repairs and Maintenance to Quality Enterprises,
Walker Contracting Group, and Design-Build Engineers and
Contractors at an estimated annual amount of $250,000,00,
8) Recommendation to approve the purchase ofa Perpetual, Non-
exclusive Road Right-of-Way, Drainage and Utility Easement which
is required for the construction of the proposed four-Ianing
improvements to Golden Gate Boulevard from just west of Wilson
Boulevard to just east of DeSoto Boulevard, Project No, 60040 (Fiscal
Impact: $5,685,00),
C. PUBLIC UTILITIES
1) Recommendation to award Bid #09-5300 to Dixie Drainfield,
Southern Sanitation, and Crews Environmental. Estimated Annual
Expenses $250,000,
D. PUBLIC SERVICES
1) Recommendation to approve and authorize the Chairman to sign the
release of four (4) liens with a developer for deferral of 100 percent of
Collier County impact fees for owner occupied affordable housing
dwelling units.
2) Recommendation to approve the Homelessness Prevention and Rapid
Re-Housing Program (HPRP) Administrative Plan which provides
guidance on the programmatic design, eligibility guidelines and
assistance limitations for agencies participating in the HPRP program,
HPRP is a Department of Housing and Urban Development (HUD)
program designed to provide financial assistance and services to
individuals and families who are homeless or at risk of becoming
homeless. Collier County has received $888,850 in federal funding to
support the HPRP program.
3) Recommendation to approve a grant application for the FY 2010
Adult Drug Court Discretionary Grant Program in the amount of
(approximately) $200,000 over two years from the United States
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February 9, 2010
Department of Justice, Bureau of Justice Assistance, If awarded,
request authorization to serve as the Fiscal Agent and to authorize
staff to negotiate a contract with the Drug Court treatment provider,
David Lawrence Center, as a sub-recipient of the award, No general
fund dollars will be used for this grant initiative,
4) Authorize the Chairman to sign a Hazard Mitigation Grant Program
(HMGP) agreement between the State of Florida Division of
Emergency Management and the Board of County Commissioners for
a Wind Retrofit project to install storm shutters at the Golden Gate
Community Park and the Immokalee Sports Complex in the amount
of$124,909 and authorize budget amendments.
5) Recommendation to approve a Resolution amending the Collier
County Parks and Recreation Fee Policy and superceding Resolution
No, 08-283 and all other Resolutions establishing License and Fee
Policies and includes a beach parking fee of$8,OO at Conner Park.
6) Recommendation to recognize grant from the 4-H Foundation Clubs,
Inc, in the estimated amount of$25,080 for the 4-H Outreach Program
managed by the Collier County University of Florida/IF AS Extension
Department and approve the necessary budget amendments,
7) Recommendation that the Board of County Commissioners acting as
the Community Redevelopment Agency to approve the expansion of
Airport Park in Immokalee in collaboration between the Immokalee
CRA and the Collier Parks and Recreation Department and authorize
the expenditure of$90,585 from Fund 306 to pay 50% of the total cost
of the project. (Companion to Item 16G I)
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve a Resolution authorizing the
Commission Chairman to execute Deed Certificates for the sale of
burial plots at Lake Trafford Memorial Gardens Cemetery during the
2010 calendar year,
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February 9, 2010
2) Recommendation to ratify Property, Casualty, Workers Compensation
and Subrogation Claims settled and/or closed by the Risk
Management Director pursuant to Resolution #2004-15 for the first
quarter ofFY 10,
3) Recommendation to award Countywide Bid #09-5289 for the
Purchase & Delivery of Inorganic/Organic Mulch to Forestry
Resources, Hazeltine Nurseries, A+M Golf Services and Play It Safe
Enterprises for an estimated annual expenditure of $100,000,
4) Recommendation to ratify staff-approved Change Orders and Changes
to Work Orders to Board-Approved Contracts.
F. COUNTY MANAGER
1) Recommendation to approve the submittal and authorize the chairman
to sign a Volunteer Fire Assistance grant application in the amount of
$9,410 for the purpose of purchasing eight VHF Mobile Radios, five
pagers, twenty Chest Harnesses, and Foam for the Ochopee Fire
Control District.
2) Recommendation to approve budget amendments.
3) Recommendation to approve Department of Homeland Security Grant
Agreement IO-DS-39-09-21-0 1-39 between Collier County and the
Florida Division of Emergency Management accepting $25,500.00 for
Emergency Management Program Enhancement and authorize the
necessary budget amendment.
4) Recommendation to approve and authorize the Chairman to sign
Amendment # 1 to the Naples Museum of Art, Inc. FY 10 TDC Grant
Agreement to change the effective dates to September I, 2009 through
September 30, 2010,
5) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2009-10 Adopted Budget.
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February 9, 2010
6) Recommendation to authorize the necessary budget amendment from
the Ochopee Fire Control District impact fee reserves in the amount of
$2,500.00 for the purpose of purchasing personal protective gear for a
new position.
7) Recommendation for the Board of County Commissioners to approve
and authorize the Chairman to sign Change Order #3 for Miles Media
Group Contract #06-4037 in the amount of$23,874 for the 20] 0
Visitor Guide.
8) Recommendation to approve a modification to the FYIO Emergency
Preparedness and Assistance Grant (EMP A) Base Grant Agreement,
additional grant revenue received of $35,20 1.81.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners acting as
the Community Redevelopment Agency to approve the expansion of
Airport Park in Immokalee in collaboration between the Immokalee
CRA and the Collier Parks and Recreation Department and authorize
the expenditure of$90,585 from Fund 186 to pay 50% ofthe total cost
of the project. (Companion to Item #16D7)
2) Recommendation to approve and authorize the Airport Authority to
loan $50,000 from the Immokalee Infrastructure Fund 497 to
complete the reconstruction of the T-hangar building at the
Everglades Airpark damaged by Hurricane Wilma, and associated
budget amendments. Change Order #4 to Coral Sands Contract #09-
5209 (Resolution 10-23) was discussed at the January 11,20]0
meeting of the Airport Authority, but was not yet prepared for
approval. At the January 11 meeting the Authority indicated that
Change Order #4 (Resolution 10-23) would be approved at its
February 8, 2010 meeting.
3) Recommendation to approve award of Bid No. 10-5387 for Bayshore
Beautification MSTU Roadway Grounds Maintenance (Fiscal Impact:
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February 9, 2010
$56,880),
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 to approve unrestricting $23,907 of funds
previously appropriated to the National Center for Missing and
Exploited Children.
2) To obtain board approval for disbursements for the period of January
16,2010 through January 22,2010 and for submission into the official
records of the board.
3) To obtain board approval for disbursements for the period of January
23,2010 through January 29,2010 and for submittal into the official
records of the board.
K. COUNTY ATTORNEY
1) Recommendation to authorize a Stipulated Final Judgment awarding
business damages in the amount of $40,000 for Parcels 109FEE and
109TCE in the lawsuit styled Collier County v. A L Subs, Inc., et aI.,
Case No, 09-369l-CA (Collier Boulevard Project 60092) (Fiscal
Impact $40,000).
2) Recommendation to ratify a purchase order exceeding $50,000 for
continued expert litigation support services for right-way-acquisition
along Santa Barbara Boulevard Project #62081.
3) Recommendation to authorize a Stipulated Final Judgment in the
amount of$39,500 for Parcels 148 and 948 in the lawsuit styled
Co11ier County v. Elizabeth D. Bloch, et aI., Case No. 03-2403-CA
(Golden Gate Parkway Project #60027), and to authorize a budget
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February 9, 2010
amendment (Fiscal Impact $33,684).
4) Recommendation that the Board approve and authorize the Chairman
to sign a Youth Hunt Agreement in order to allow Florida Fish and
Wildlife Conservation Commission (FWC) to conduct Youth Hunts
for full-time and part-time Collier County residents at Pepper Ranch
Preserve.
5) Recommend acceptance of the Medical Director's waiver ofa 5%
annual increase in salary during Fiscal Year 2010 that is provided for
in Dr. Tober's contract for a fiscal impact of$5,275.
6) Approval of agreement between Collier County and Physician Led
Area Network (PLAN) for the County Attorney's Office to provide
defense for PLAN in the lawsuit styled Deborah Dahlmanns V. Plan
and Marcy Krumbine, Case No. 09-7915-CA.
7) Recommendation to approve a Resolution directing the Supervisor of
Elections to place on the November 2,2010 general election ballot for
Precincts 551, 552, 554, 555, 590 and 591 the question of whether the
Golden Gate Area Master Plan should be amended to allow for up to a
190,000 square foot commercial development, as requested by
Comprehensive Plan Amendment 08-01.
8) Recommendation to approve a Retention Agreement for legal services
on an as needed basis with the law firm of Hahn Loeser & Parks, LLP,
to meet County Purchasing Policy contract update requirements.
9) Request to review a proposed amendment to the Collier County Noise
Control Ordinance, which would specifically exempt noise resulting
from permitted motor racing events at the Swamp Buggy Recreation
and Sports Park, and if acceptable, direct the County Attorney to
prepare and advertise an amending ordinance.
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
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February 9, 2010
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL
MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR
THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING
ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO
INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE
ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-JUDICIAL IN NATURE, ALL
PARTICIPANTS MUST BE SWORN IN.
A. This item continued from the Januarv 26, 2010 BCC Hearinl!:. This item
reQuires that all participants be sworn in and ex parte disclosure be
provided bv Commission members. A Resolution of the Collier County
Board of County Commissioners designating 4,793.5 Acres in the Rural
Lands Stewardship Area Zoning Overlay District as a Stewardship Sending
Area with a designation as Sunniland Family SSA 12 pursuant to the terms
set forth in the Escrow Agreement, Stewardship Sending Area Credit
Agreement for Sunniland Family SSA 12, and Stewardship Easement
Agreement for Sunniland Family SSA 12; approving a Stewardship Sending
Area Credit Agreement for Sunniland Family SSA 12; approving a
Stewardship Easement Agreement for Sunniland Family SSA 12; approving
an Escrow Agreement for Sunniland Family SSA 12; and establishing the
number of stewardship credits generated by the designation of said
Stewardship Sending Area.
B. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2009-10 Adopted Budget.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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February 9, 2010
February 9, 2010
CHAIRMAN COYLE: Ladies and gentlemen, Board of County
Commissioner meeting is now session.
MR. OCHS: Commissioners, good morning. We have Dr.
William Lone from Methodist Fellowship Church here this morning,
Commissioners, to lead you in the invocation.
CHAIRMAN COYLE: Very well. Will you-all please stand.
DR. LONE: You will bow your heads with me, please.
Our most Gracious Heavenly Father and our God. We thank you
so much that we have the privilege to be in a country where we can
stand out in public and worship you without fear of death. Lord God,
we pray on these people here today that are going to be making
decisions, that you be guiding each and every one of them, that what
they do will be that which is going to be blessed by you and will save
and help our wonderful country, our community, our county, our city,
all the things that you are so important to us in order to live a life that
we want to live.
Father, we ask a special blessing upon this commission. We ask
you to give them guidance and direction in their life, throughout their
life, and their family.
Lord God, for all those that are gathered here today, I pray that
your love will flow through them to each other, and especially today
we pray for the President of the United States. We pray for him and
all his cabinet. We pray that the choices they make will be guided by
you and will be for the good of our country.
Lord God, keep our military safe, be with them in each and every
place in every way, guide them and let them know that they're not
alone, that they're loved by those too back here at home.
Father, I thank you for the privilege today to be able to be here
with these people and to be able to communicate with you.
We ask now your blessing upon this group in the precious name
of our Savior, Jesus Christ. Amen.
CHAIRMAN COYLE: Thank you, Dr. Lone.
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February 9, 2010
Would you now join us in the Pledge of Allegiance.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN COYLE: Thank you, please be seated.
Okay. Do I have a motion to approve -- no, we have changes to
the agenda, don't we?
Item #2A
TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA
AS AMENDED - APPROVED AND/OR ADOPTED W/CHANGES
MR.OCHS: Yes, sir, Mr. Chairman, good morning.
Commissioners, good morning.
Agenda changes, Board of County Commissioners' meeting,
February 9, 2010.
First change is to move Item 16B6 to Item 10D. That's a
recommendation to approve a resolution to declare a public purpose
for the distribution of bus passes and other promotional transit items
by Collier Area Transit for the purpose of promoting transit. That
item has been moved at Commissioner Henning's request.
Next change is to move Item 16K6 to 12A, and that item is an
approval of agreement between Collier County and Physician Led
Area Network for the County Attorney's Office to provide defense for
PLAN in the lawsuit styled Deborah Dahlmanns versus PLAN and
Marcy Krumbine. That item is moved at Commissioner Henning's
request.
And finally, we have a continuance ofltem 16K9 to the February
23,2010, BCC meeting. That is a proposed amendment to the Collier
County noise control ordinance to exempt events at the Swamp Buggy
Recreation and Sports Park.
And those are all the changes that I have, Mr. Chairman.
CHAIRMAN COYLE: Okay, thank you very much.
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February 9, 2010
County Attorney, do you have any changes.
MR. KLATZKOW: No change, sir.
CHAIRMAN COYLE: Okay. We'll start with Commissioner
Fiala about additional changes and any ex parte disclosure.
COMMISSIONER FIALA: Thank you, very much. On 12A,
the new Item 12A, I had also asked you to pull that, so I just -- I didn't
know if that was important to add or not, but that's all.
And no -- of course, no disclosures and no changes or
corrections.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: I have -- my ex parte, I have no ex
parte on either the consent agenda or the summary agenda, and I have
no changes to today's agenda.
CHAIRMAN COYLE: Thank you. I have no additional changes
to today's agenda, and I have no ex parte disclosure for either the
consent or the summary agenda.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you.
I have no ex parte disclosure, and I have no changes to agenda.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: I have no ex parte
communication on today's consent or summary agenda, and I have no
further changes, Mr. Chairman.
CHAIRMAN COYLE: Thank you very much.
Is there a motion now to --
COMMISSIONER HALAS: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Motion to approve by Commissioner
Halas, second by Commissioner Fiala.
Any discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
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February 9, 2010
aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: It passes unanimously.
Page 5
Agenda Changes
Board of County Commissioners Meeting
February 9, 2010
Move Item 16B6 to 100: Recommendation to approve a Resolution to declare a public purpose
for the distribution of bus passes and other promotional transit items by Collier Area Transit (CAT) for
the purpose of promoting transit. (Commissioner Henning's request)
Move Item 16K6 to 12A: Approval of agreement between Collier County and Physician Led Area
Network (PLAN) for the County Attorney's Office to provide defense for PLAN in the lawsuit styled
Deborah Dahlmanns V, Plan and Marcy Krumbine, Case No, 09-791S-CA, (Commissioner Henning's
request)
Continue Item 16K9 to the Februarv 23. 2010 BCC MeetinR: Request to review a proposed
amendment to the Collier County Noise Control Ordinance, which would specifically exempt noise
resulting from permitted motor racing events at the Swamp Buggy Recreation and Sports Park, and if
acceptable, direct the County Attorney to prepare and advertise an amending ordinance, (County
Attorney's request)
2/9/2010 8:37 AM
February 9, 2010
Item #2B, #2C and #2D
MINUTES FROM JANUARY 12,2010 - BCC/REGULAR
MEETING; JANUARY 13,2010 - BCC/EDC WORKSHOP AND
JANUARY 19,2010 - BCC/GMP SPECIAL MEETING-
APPROVED AS PRESENTED
CHAIRMAN COYLE: Now with respect to the January the 12th
BCC regular meeting, January 13th BCC/EDC workshop, January, 19,
2010, GMP special meeting, are there --
COMMISSIONER HALAS: Motion to approve.
CHAIRMAN COYLE: Motion to approve by Commissioner
Halas.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Second by Commissioner Fiala.
All in favor, please signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: It passes unanimously.
That brings us to service wards, County Manager.
MR. OCHS: No service awards this morning, Mr. Chairman.
CHAIRMAN COYLE: Okay.
Item #4A
PROCLAMATION DESIGNATING THE YEAR 2010 AS THE
100TH YEAR OF SCOUTING IN AMERICA AND FEBRUARY
2010 AS SCOUTING'S ANNIVERSARY MONTH. ACCEPTED
Page 6
February 9, 2010
BY PAUL PENTILLA DIRECTOR OF FIELD SERVICES SW
FLORIDA COUNCIL; MIKE LYSTER IMMEDIATE PAST
PRESIDENT SW FLORIDA COUNCIL; CINDY LYSTER
ALUGA TOR DISTRICT COMMITTEE MEMBER; BARBARA
COEN ALUGA TOR DISTRICT COMMITTEE MEMBER; BILL
POTEET MEMBER OF SW FLORIDA COUNCIL EXECUTIVE
COMMITTEE; CHRIS POTEET STAR SCOUT TROOP 2; AND
JON POTEET WEBELOS II PACK 21 - ADOPTED
MR.OCHS: Takes us to Item 4, proclamations, beginning with
Item 4A is proclamation designating the year 2010 as the 100th year
of scouting in America, and February, 2010, as Scouting's
Anniversary Month.
The proclamation to be accepted by Paul Pentilla, director of
field services Southwest Florida Council; Mike Lyster, immediate past
president Southwest Florida Council; Cindy Lyster, Alligator District
committee member; Barbara Coen, Alligator District committee
member; Bill Poteet, member of southwest Florida Council Executive
Committee; Chris Poteet, Star Scout Troop Number 2; and John
Poteet, Webelos II Pack 21.
If you could all please come up and accept your award. Thank
you.
CHAIRMAN COYLE: Who's going to accept this? You've got
the whole family here.
MR. POTEET: We were able to get one scout.
COMMISSIONER FIALA: Mr. Chairman, may I just say that
it's wonderful to see all these people here working every day with our
youths and helping and guiding them into a positive and successful
future. I'm just so proud of them.
You see most of these guys, you know, like Bill, for instance,
Bill Poteet, he's there all the time helping these young people; and I
shouldn't just mention one because they're all here, Mike and David--
Page 7
February 9, 2010
well, just everybody. Thank you very much for all you do for our
youth.
(Applause.)
CHAIRMAN COYLE: Thank you. Does anybody want to -- if
you'd like to say something, go to the podium.
UNIDENTIFIED SPEAKER: As Scout executive of the
Southwest Florida Council, I'm most appreciative to be here this
morning and just make brief comments on our appreciation to you-all
for recognizing the Boy Scouts of America and our 100th Anniversary
year. And the Boy Scouts of America are alive and well, 30,000
strong in the Southwest Florida Council, and over 4,000 adult
volunteers working in the program; and we look forward to the next
100 years to instilling the values and morals, and just as important,
instilling in our youth community service and the ability to be good,
productive citizens in our community. So thank you --
CHAIRMAN COYLE: Thank you.
SPEAKER: -- again for this opportunity. Thank you.
CHAIRMAN COYLE: You do great work. Thank you very
much.
SPEAKER: Thank you.
(Applause.)
Item #4 B
PROCLAMATION DESIGNATING FEBRUARY 11,2010 AS
THE FIRST TEE OF NAPLES/COLLIER DAY. ACCEPTED BY
JENNIFER V AROSKI, PUBLIC RELATIONS MANAGER,
COLLIER ENTERPRISES AND CINDY DARLAND,
EXECUTIVE DIRECTOR, THE FIRST TEE OF
NAPLES/COLLIER - ADOPTED
MR.OCHS: Commissioners, Item 4B is a proclamation
Page 8
February 9, 2010
designating February 11,2010, as The First Tee of Naples/Collier
Day. To be accepted by Jennifer Varoski, public relations manager,
Collier Enterprises, and Cindy Darland, executive director, The First
Tee of Naples/Collier.
(Applause.)
CHAIRMAN COYLE: Who's going to accept this? And here's
some extra copies. Thank you very much.
COMMISSIONER HENNING: Any relation to the tea party?
No Kool-Aid here.
MS. AUCLAIR: No.
CHAIRMAN COYLE: Would someone like to say something?
(Applause.)
MS. McGLOCHLIN: Good morning. My name is Katie
McLaughlin. I'm a founding member of The First Tee of
Naples/Collier, and I'll be playing in the Ace Group Classic program
of the -- on First Tee of Naples Day. It is with great pride that I accept
this proclamation on behalf of the First Tee.
I would like -- my First Tee executive director, Cindy Darland,
and I would like to thank you, Mr. Chairman, and the members of the
commission for making a difference in the lives of children in our
community. A special thanks to Commissioner Coletta for supporting
this proclamation.
I would also like to thank our founding sponsors, Arthur X and
Collier Enterprises, the Ace Group Classic, Claudine Auclair, and our
community for their generous support of The First Tee. We will
display this proclamation with honor. Thank you.
CHAIRMAN COYLE: Thank you.
Item #4C
PROCLAMATION DESIGNATING MARCH 23,2010 AS MYRA
JANCO DANIELS DAY. ACCEPTED BY DR. JEFFREY
Page 9
February 9, 2010
ALLBRITTEN - ADOPTED
MR. OCHS: Commissioners, Item 4C is a proclamation
designating March 23, 2010 as Myra Janco Daniels Day. To be
accepted by Dr. Jeffrey Allbritten, president at Edison State College.
Dr. Allbritten.
CHAIRMAN COYLE: Would you like to say something, Jeff?
DR. ALLBRITTEN: Good morning, everyone. Good morning,
Commissioners. Thank you so much. And on behalf of Edison State
College, I'd like to thank you so much for this proclamation honoring
Ms. Daniels.
On February 18th, we're going to -- she is going to be the
recipient of our annual LIFE Award, our 8th annual event that actually
honors the contributions of citizens of Collier County to education in
this community.
So we're very excited about this. I know she'll be very pleased.
And thank you again for your support. Appreciate it.
CHAIRMAN COYLE: Thank you.
(Applause.)
Item #4 D
PROCLAMATION CONGRA TULA TING BETHEL AME
CHURCH FOR THEIR 50TH ANNIVERSARY. ACCEPTED BY
DR. WRIGHT, REVEREND STEW ART AND LA VERNE
FRANKLIN - ADOPTED
MR. OCHS: Commissioners, Item 4D is a proclamation
congratulating Bethel AME Church for their 50th Anniversary.
Proclamation to be accepted by Dr. Wright, Reverend Stewart, and
La Verne Franklin.
(Applause.)
Page 10
February 9, 2010
CHAIRMAN COYLE: Would you like to say something?
UNIDENTIFIED SPEAKER: Mr. Chairman and to the Board of
Collier County Commissioners, we accept this proclamation with
great joy and to be a part of this history making of Collier County.
The Bethel African Episcopal Church receives it, and we bless you
and bless the county.
At this time I would like to say, this is the -- also we are
celebrating the National African Methodist Episcopal Church
Founding and Founders Day all over the United States and foreign
countries where we have established churches in Africa, the -- South
America, the Bahamas, Jamaica, and everywhere, to God be the glory.
May you all be continued to bless -- be blessed.
MS. FRANKLIN: Good morning, and thank you again for this
honor, and a special thank you to Commissioner Jim Coletta because
on the -- we're celebrating actually two days, February the 27th and on
the 28th. And we thank Commissioner Coletta. He's going to be one
of our guest speakers on the 28th, that's Sunday.
So we invite all of Collier County for this wonderful celebration,
February the 27th and the 28th. And thank you so much for this
honor. Thank you.
(Applause.)
Item #4 E
PROCLAMATION DESIGNATING FEBRUARY 14 THROUGH
FEBRUARY 20,2010 AS ENGINEERS WEEK IN COLLIER
COUNTY. ACCEPTED BY MARLENE MESSAM, ALISON
BRADFORD AND RALPH VERRASTRO - ADOPTED
MR. OCHS: Commissioners, 4E is a proclamation designating
February 14 through February 20, 2010, as Engineers Week in Collier
County. To be accepted by Marlene Messam, Alison Bradford, and
Page 11
February 9, 2010
Ralph Verrastro.
(Applause.)
CHAIRMAN COYLE: Are you going to accept this? Okay.
Somebody want to say something? Okay.
MS. MESSAM: Commissioner Coyle, members of the board,
County Manager, ladies and gentlemen, my name is Marlene Messam,
and I'm the president of the Florida Engineering Society Calusa
Chapter, and it gives me great pleasure to accept this proclamation on
behalf of the Society for Engineers Week.
I would like to thank you for once again validating the
contributions of engineers to our society. This is my third year that
I've accepted this honor -- that I've had the honor of accepting this
proclamation for Engineers Week, and I'm still appreciative.
There are many challenges facing our world for which we require
immediate solutions, whether it's the recent earthquake in Haiti, a
bridge that has collapsed, or perhaps fixing the gas pedal on your
Toyota; engineers are needed to solve problems.
The goal of Engineers Week is to prepare the next generation of
talent by getting them interested in science and technology. Just this
past weekend on February 6th, the Engineering Society Calusa
Chapter held the 27th Annual Math Count Competition. This
competition is geared towards middle school students, and we had 19
schools from both Lee and Collier County participating. I am happy
to say that the overall winner was the Community School of Naples.
And this proclamation not only speaks to the present, but to the
future. And once again, I'd like to thank you very much.
(Applause.)
CHAIRMAN COYLE: And Commissioner Coletta didn't
sponsor this proclamation, I see.
COMMISSIONER COLETTA: I'd like to sponsor that
proclamation.
CHAIRMAN COYLE: When is -- when is the election for
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February 9, 2010
District 5?
COMMISSIONER FIALA: Next week, I think.
COMMISSIONER COLETTA: 2012.
CHAIRMAN COYLE: Okay, 2012. He's starting early. Okay.
Item #5A
RECOGNIZING LINDA ALBERTINE, FISCAL TECHNICIAN,
UTILITIES FINANCE OPERATIONS DEPARTMENT AS THE
EMPLOYEE OF THE MONTH FOR JANUARY 2010-
PRESENTED
MR. OCHS: Commissioners, that takes you to Item 5,
presentations. 5A is a recommendation to recognize Linda Albertine,
Fiscal Technician, Utilities Finance Operations Department, as your
Employee of the Month for January, 2010.
If Linda would please come forward.
(Applause.)
MR. OCHS: Commissioners, Linda Albertine has been an
employee of Collier County for over five years working in our Public
Utilities Finance Operations Department. She's primarily responsible
for processing invoices for the different sections of the Water
Department.
Linda always gives 110 percent in order to accomplish the
department's goal of processing invoices accurately and in less than
ten business days. She's also conscious of the division's goal to save
time and money. While auditing invoices for payment, Linda
discovered a price increase in one of the chemicals used by our water
plants. She investigated the product and found that the department
could save money by switching to a different vendor. Her
recommendation to switch vendors has resulted in a cost savings of
over 400 -- excuse me -- $40,000 to date. Very impressive.
Page 13
February 9, 2010
Linda's a team player who takes on additional duties whenever
needed. Her ability to manage resources like time and money is one
of her greatest attributes. She exemplifies the county's values through
her commitment to service and quality and we are, indeed, fortunate to
have such a dedicated employee, and Linda is truly deserving of this
award.
Commissioners, it's my privilege to recommend to you Linda
Albertine as your Employee of the Month for January, 2010.
(Applause.)
CHAIRMAN COYLE: Here's a plaque and a letter of
appreciation and a check. Thank you very much. It's a real pleasure.
And you have to stay here and take a picture.
COMMISSIONER HALAS: Congratulations, thank you.
COMMISSIONER COLETTA: You don't go with the flow, do
you?
COMMISSIONER HENNING: Thank you.
(Applause.)
MS. FILSON: Mr. Chairman?
CHAIRMAN COYLE: Yes, ma'am.
MS. FILSON: Could I get a motion for the proclamations.
COMMISSIONER HALAS: Sure.
COMMISSIONER HENNING: Motion for the proclamations.
CHAIRMAN COYLE: Oh, yes. I sure will. A motion to
approve the proclamations by Commissioner Henning, second by
Commissioner Halas.
All in favor, please signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: It passes unanimously. Thank you.
Page 14
February 9,2010
MR. OCHS: Thanks, Sue.
Commissioners, that takes you to Item 6 on your agenda, public
petitions. First item, 6A is a public petition request by Reverend
Heidi M. Peck regarding nonprofit hourly rental rates.
CHAIRMAN COYLE: Is Reverend Peck here?
(No response.)
CHAIRMAN COYLE: Okay. Let's move on with the next one.
MR. OCHS: Yes, sir, yes, sir.
Item #6B
PUBLIC PETITION BY MR. SAM J. SAAD, JR. REGARDING
GOLF CART AND MOTORIZED WHEELCHAIR CROSSING-
DISCUSSED; TO BE BROUGHT BACK AFTER STAFF HAS
DEVELOPED RECOMMENDATIONS - APPROVED
MR.OCHS: That would take us to 6B, which is a public petition
request by Mr. Sam 1. Saad, Jr. regarding a golf cart and motorized
wheelchair crossing.
MR. SAAD: Good morning, Commissioners.
CHAIRMAN COYLE: Good morning.
MR. SAAD: How are you today? Thank you very much for
taking the time to take a look at this petition.
Grey Oaks is where I live, and we have two sections of Grey
Oaks, the Estuary and the main campus, and they're separated by
Airport-Pulling Road.
And as a member of the golfing community, we have the
privilege of playing on all three golf courses. And many, many --
most members who live on campus have their own golf cart, and I
would like the ability to be able to take the golf cart across Airport
with the light, which we have a controlled intersection there where
pedestrians can cross.
Page 15
February 9, 2010
Interestingly enough, the law currently reads that a golf cart's not
allowed in the crosswalk, so we can't go that way, and it's an
unlicensed vehicle, so it can't operate on a city street; however, I can
push it across the street.
And I can't take a motorized wheelchair across the street, but you
can push a wheelchair across the street. You can ride a bicycle across
the street. You can walk across the street.
None of those are as quick as just driving across in a golf cart,
and you couldn't ask for better visibility. So the question of safety is,
be careful.
And I would like to request that you allow us a golf cart crossing
on Halstatt into the Estuary from Grey Oaks.
Thank you very much for your consideration. Any questions I
can answer?
CHAIRMAN COYLE: Commissioners, any questions?
COMMISSIONER FIALA: Do you want to bring this back to a
regular agenda?
CHAIRMAN COYLE: That's our primary purpose. So if
anybody would like to do so. Is there such a mission -- a motion? Let
-- Commissioner Halas?
COMMISSIONER HALAS: I have a question from our
transportation staff on this. Is this going to be set up whereby if
there's a golf cart that is at this light, that it automatically triggers a
light to stop the traffic flow on Airport-Pulling?
MR. SAAD: Oh, you know what? One last thing I might say.
Excuse me, Mr. Feder, I'm sorry. I did have a chance to talk with a
number of members of the staff, and I can't tell you how great they
were. I would like to compliment everyone I spoke with as being ultra
helpful, going out of their way to do everything they could and being
extremely courteous.
MR. FEDER: Appreciate it, thank you.
For the record, Norman Feder, Transportation Administrator.
Page 16
February 9, 2010
I don't know the exact proposal was the ability to come across
Airport Road that you have in front of you. You do have a pedestrian
feature at that signal. But as was pointed out, I think the key first
issue for you is, while a bicycle is considered a legal vehicle on the
roadways by statute, other than expressway or interstate, pedestrians
are acknowledged -- even wheelchair pedestrians for access across --
when it becomes a motorized vehicle, it has to meet specifications and
standards and registration, which golf carts do not meet. So I think
you've got first a legal issue.
The second would be, what happens to your operations when you
have the additional crossings that result in that area and then
precedence, so those are the things to consider.
What I would tell you is that the Halstatt DRI, which was the
original DRI, which later got formed into the Estuary in Grey Oaks,
started out quite some years back and actually had overpasses in it to
address the connection between quadrants. And I'm not talking about
the overpass at Airport and Golden Gate, the roadway overpass. I'm
talking about access points between the golf courses in the
northeast/northwest quadrant, and then to what would be the southeast
quadrant that were established in the original Halstatt DR! which later
got separated out.
In about May of2000, or in 2000 early, there was a provision to
strike out that requirement for those overpasses, which is the way
others have handled it. For instance, on Livingston Road just north of
Vanderbilt, when that Livingston was built, you had an overpass built,
paid for by the community. You have it at Goodlette-Frank and other
areas. That's the way the golf carts basically can be addressed is
usually as an underpass or an overpass situation.
Having it come across a major arterial is something that, at least
from your staff, we would not recommend.
COMMISSIONER HALAS: The other concern I have is, once
we open the door on this thing, there's going to be a number of golf
Page 17
February 9, 2010
course communities that will probably want to do the same thing if
they have golf -- access to golf courses across the road, so --
MR. FEDER: I think.
COMMISSIONER HALAS: -- I have some concerns about this,
because we spent an awful lot of money to make sure that we had --
traffic would flow without impeding it.
And the concern that I have is, ifthere's no vehicles at this
intersection but there's a golf cart, then that would trigger the light
possibly, and then we'd end up basically backing up traffic, and I've
got some concerns about that.
MR. FEDER: It would be the same as a pedestrian coming up
and pushing the light to change possibly, yes.
COMMISSIONER HALAS: Okay.
MR. SAAD: Mr. Halas, in may address that concern. If I'm
going to play golf across the street, I'm going to interrupt the traffic
flow. It's -- whether it's in a golf cart or an automobile. Either way
we're going to cross the road, and either way the timing on the light is
going to be the same.
We're not adjusting anything different. Everyone who's going to
go from one side to the other -- for example, if you are playing golf on
the other side, you're either going to take your car or your golf cart.
It's just a matter of convenience.
Either way you're going to go to the light, trigger the light,
traffic's going to stop, and you're going to drive across, whether you're
in a car or a golf cart. It's not going to change the traffic at all.
CHAIRMAN COYLE: Okay. Could I just interject something
here? Before I go to Commissioner Coletta next.
County Attorney, can -- do we have the authority to grant
non-motorized or non-approved vehicles to operate on the roadway?
MR. KLATZKOW: You're going to need to have a safety study
conducted by your Transportation Department, and depending upon
the results of that safety decision, you mayor may not have discretion.
Page 18
February 9, 2010
CHAIRMAN COYLE: Okay. Does that mean we have to go to
the state to get approval or --
MR. KLATZKOW: No. Your Transportation Department
would conduct a study. If they felt it was safe, then you would have
the discretion. If they felt -- if it was not safe, you would have no
discretion.
CHAIRMAN COYLE: And if it is unlawful for a golf cart to
operate on a roadway or across a roadway, is that a state law or a
federal law?
MR. KLATZKOW: That would be a state law--
CHAIRMAN COYLE: And--
MR. KLA TZKOW: -- which is why you have no discretion on
those. I mean, your ability on this is very, very narrow. And I got to
tell you, I would be shocked if transportation came back and said that
it would be safe for golf carts to cross a six-lane arterial. I mean, the
purpose of that rule is for like what we did at Goodland where you
have small, narrow streets. Can you use all these golf carts? Yes. I
can't imagine a situation where a golf cart's crossing a six-lane arterial
would be considered safe.
CHAIRMAN COYLE: Then could I suggest, Mr. Saad, that --
and Norm, could you work with Mr. Saad and perhaps give him some
information concerning the costs associated with building of an
overpass, and you might want to set up some MSTU to pay for the
cost.
MR. SAAD: Well, the Grey Oaks had originally considered
doing that, and they're not going to do that. We have no position to do
it since it's not owned by the membership at this point. Seems odd
though that you could push it across the street, but you can't drive it
across the street. And that's legal. I can push a wheelchair across the
street even if it's motorized, but I can't bring it on running.
CHAIRMAN COYLE: Okay. All right.
MR. SAAD: And I've spoken with the Collier County Sheriffs
Page 19
February 9, 2010
Department, and I quote someone who said, I wouldn't event think of
writing a ticket for something like that.
CHAIRMAN COYLE: Yeah.
MR. SAAD: I mean --
CHAIRMAN COYLE: Would you have them put that in
writing?
MR. SAAD: It's just the spirit of cooperation. If this works,
great. If it doesn't, we'll live with your decision.
CHAIRMAN COYLE: I think it is a safety and legal issue. I
don't know that we have the authority to give you approval to do
something that is against state law, nor do I think the Sheriffs Office
has the ability to do that.
But Commissioner Coletta, you had a question. Ifwe could just
get to the final issue.
COMMISSIONER COLETTA: Sure. I think I can get us there
fairly quick.
We're talking about the legal issue and the determination by
transportation. What I would suggest is that -- I'd even make a motion
that we have this brought back after a determination is made by
transportation as far as the legal issue goes. But is there a cost
associated with what you're going to be doing?
MR. FEDER: Commissioner, we would work legal for any legal
determination. We can get you information on the statute to provide
that to legal, and that's where that opinion would come from. We can
also give you some implication for the system, which I think I already
have.
You're talking about a speed on a golf cart of about 20 miles.
You'd have to lower your speed in the area, other issues, and you're
going across a six-lane arterial, so I don't believe that's --
COMMISSIONER COLETTA: No, I understand all that. But
once again, we need the determination from transportation, even
though we think we know what that determination's already going to
Page 20
February 9, 2010
be.
MR. FEDER: We will review the issue, give you a
determination, and work with legal to make sure the legal portion of
that opinion --
COMMISSIONER COLETTA: Cost factor.
MR. FEDER: -- is given to you.
COMMISSIONER HENNING: The cost factor. Is it a
negligible cost that we shouldn't be concerned with, or is it something
that we should be concerned with and possibly pass it on to the
association that's asking for this?
MR. FEDER: The cost for their ability to come across, if it were
legal, would be the operational loss on the system here and throughout
the county, if that became a--
COMMISSIONER COLETTA: I'm sorry. I'm doing a terrible
job of asking this question. To be able to make a determination within
your department as far as what's going to take place, is it very
involved? Is it something we're going to -- that your department's
going to assume quite a cost?
MR. FEDER: No. If we're asked by the board, we'll evaluate
this issue and work with legal to come back with information for the
board.
COMMISSIONER COLETTA: Then I make a motion that we
have this brought back after we get that determination from
transportation.
COMMISSIONER HENNING: Second.
CHAIRMAN COYLE: Okay. Thank you.
MR. SAAD: Thank you very much for your time. I appreciate it.
And just differentiate, please, between operating a vehicle on a street
and crossing the street. Thank you, gentlemen, for your time.
CHAIRMAN COYLE: Thank you.
There was a motion by Commissioner Coletta to bring this back
once the staff has developed some recommendations concerning this
Page 21
February 9, 2010
item, and seconded by Commissioner Henning.
And there's discussion. Commissioner Fiala?
COMMISSIONER FIALA: Not much discussion.
Norm, could you include in that presentation what it does to the
synchronization of the lights along Airport Road.
MR. FEDER: Yes, we will, ma'am.
COMMISSIONER FIALA: Thank you.
CHAIRMAN COYLE: Okay. Is that recommended change in
the motion and the second?
COMMISSIONER COLETTA: Yes, that's in the motion.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: What?
CHAIRMAN COYLE: Is that --
COMMISSIONER HENNING: Yes.
CHAIRMAN COYLE: Commissioner Fiala's suggested change
in the second?
COMMISSIONER HENNING: Yes.
CHAIRMAN COYLE: Okay, it is.
Any further discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed by no.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: No?
COMMISSIONER HALAS: No.
CHAIRMAN COYLE: No. We're changing it.
COMMISSIONER HALAS: Oh.
Page 22
February 9, 2010
MS. FILSON: So was that four?
CHAIRMAN COYLE: Okay. 4-1, yes.
That brings us to?
Item #9 A
RESOLUTION 2010-31: RE-APPOINTING RICHARD E. LYDON
TO THE V ANDERBIL T BEACH BEAUTIFICATION MSTU
ADVISORY COMMITTEE - ADOPTED
MR. OCHS: That would be Item 9, sir, Board of County
Commissioners. 9A is an appointment of member to the Vanderbilt
Beach Beautification MSTU Advisory Committee.
COMMISSIONER HALAS: Motion to approve Dick Lydon.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Okay. Motion to approve Dick Lydon.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Okay. Motion to approve Dick Lydon
for appointment to the Vanderbilt Beach Beautification MSTU
Advisory Committee.
Any discussion?
(No response.)
CHAIRMAN COYLE: Motion was by Commissioner Halas,
second by Commissioner Fiala.
No discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
Page 23
February 9, 2010
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed by no.
(No response.)
Item #9B
RESOLUTION 2010-32: RE-APPOINTING BRADLEY A. BOAZ
(EXPIRING 2/4/11) AND JOSEPH B. SW AJA (EXPIRING 2/4/12)
TO THE COUNTY GOVERNMENT PRODUCTIVITY
COMMITTEE - ADOPTED
MR.OCHS: Item 9B is appointment of members to the Collier
County -- excuse me -- County Government Productivity Committee.
COMMISSIONER HENNING: Move to approve Brad Boaz and
Joe Swaja.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Okay. Motion to approve the
appointment of Brad Boaz and Joseph Swaja to the Collier County
Productivity Committee by Commissioner Henning, seconded by
Commissioner Coletta.
Is there any discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed by no.
(No response.)
Page 24
February 9,2010
Item #9C
RESOLUTION 2010-33: APPOINTING CARLA M. GRIEVE TO
THE LIBRARY ADVISORY BOARD - ADOPTED
MR.OCHS: 9C--
CHAIRMAN COYLE: Okay.
MR. OCHS: 9C is appointment of member to the Library
Advisory Board.
COMMISSIONER HENNING: Motion to approve Carla Grieve.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Motion to approve Carla Grieve for
member of the Library Advisory Board, seconded -- motion by Ms. --
Commissioner Fiala, right?
COMMISSIONER FIALA: No. Motion by Commissioner
Henning, second by Fiala.
CHAIRMAN COYLE: Commissioner Henning and second by
Commissioner Fiala.
Any discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed by no.
(No response.)
CHAIRMAN COYLE: Okay. It passes unanimously.
Item #9D
Page 25
February 9, 2010
RESOLUTION 2010-34: APPOINTING RONALD 1. DOINO TO
THE COLLIER COUNTY CODE ENFORCEMENT BOARD -
ADOPTED
MR.OCHS: 9D is appointment of member to the Collier County
Code Enforcement Board.
COMMISSIONER COLETTA: Motion to approve Herminio
Ortega.
MS. FILSON: And Mr. Chairman, ifl may --I'm sorry. If!
may, someone else has resigned from this committee, and Mr.
Herminio Ortega currently serves as an alternate and he was notified,
so he would like to withdraw his consideration to be reappointed as an
alternate so he can reply -- so he can apply for the regular
membership, which I will have on the agenda in the next few
meetings.
COMMISSIONER COLETTA: Well, then motion to approve
Mr. Ronald Doino.
CHAIRMAN COYLE: Doino.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Let's make sure we get this straight.
Herminio Ortega wants to apply --
MS. FILSON: He currently serves on the board as an alternate.
CHAIRMAN COYLE: Yes, I got that part.
MS. FILSON: And normally when someone resigns, they can
apply to serve as a regular member as opposed to the alternate.
CHAIRMAN COYLE: Okay. Here's the problem. It wasn't
advertise.
MS. FILSON: I'm advertising right now.
CHAIRMAN COYLE: Okay. But you don't have any applicants
yet, right?
MS. FILSON: I have Mr. Ortega.
Page 26
February 9, 2010
CHAIRMAN COYLE: But--
MS. FILSON: But it's open until the 11th.
CHAIRMAN COYLE: That's right.
MS. FILSON: Yes.
CHAIRMAN COYLE: So it would be unfair to make a decision
until the applications are closed.
MS. FILSON: Oh, yes. The only thing he wants to do is
withdraw from this appointment and then resubmit for the regular
membership.
CHAIRMAN COYLE: Okay. So then we have only one
applicant for the alternate.
MS. FILSON: Correct.
CHAIRMAN COYLE: Who is Ronald 1. Diono?
MS. FILSON: Correct.
CHAIRMAN COYLE: Okay. So we have a choice of either
accepting Mr. Diono or readvertising?
MS. FILSON: Correct.
CHAIRMAN COYLE: So it's up to the board.
COMMISSIONER FIALA: The motion has been by
Commissioner Coletta, second by Commissioner Fiala, to approve Mr.
Doino.
CHAIRMAN COYLE: Doino as the alternate.
COMMISSIONER FIALA: Alternate.
CHAIRMAN COYLE: Okay. Very well.
Any further discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
Page 27
February 9, 2010
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed by no.
(No response.)
CHAIRMAN COYLE: And it passes unanimously.
Item #9E
RESOLUTION 2010-35: APPOINTING LARRY WILCOXSON TO
THE BLACK AFFAIRS ADVISORY BOARD - ADOPTED
MR.OCHS: 9E is appointment of member to the Black Affairs
Advisory Board.
COMMISSIONER COLETTA: Motion to approve the
committee's recommendation of Larry Wilkinson (sic).
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Okay. Commissioner Coletta is making
a motion to approve the appointment of Larry Wilcoxson to the Black
Affairs Advisory Board, seconded by Commissioner Fiala.
Any discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed by no.
(No response.)
CHAIRMAN COYLE: And it is approved unanimously.
Item #9F
Page 28
February 9, 2010
RESOLUTION 2010-36: APPOINTING DR. BONNIE HEIDEL TO
THE HEALTH FACILITIES AUTHORITY - ADOPTED
MR. OCHS: 9F, appointment of member to the Health Facilities
Authority.
COMMISSIONER FIALA: Motion to approve Bonnie Heidel.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Okay. Motion to approve Bonnie Heidel
by Commissioner Fiala for appointment to the Health Facilities
Authority, seconded by Commissioner Coletta.
Any discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed by no.
(No response.)
CHAIRMAN COYLE: And it passes unanimously.
Item #9G
RESOLUTION 2010-37: MOTION TO SET DATE OF MARCH 10,
2010 AT NOON IN THE BCC CHAMBERS FOR THE CLERK,
WITH THE ASSISTANCE OF THE COUNTY ATTORNEY'S
OFFICE, TO OPEN AND COUNT THE MAIL BALLOTS OF THE
NOMINEES TO FILL THE VACANCIES ON THE PELICAN
BAY SERVICES DIVISION BOARD - ADOPTED
Page 29
February 9, 2010
MR.OCHS: 9G is a -- requests the board to set the place and
time for the clerk with the assistance of the County Attorney's Office
to open and count the mail ballots of the nominees to fill the vacancies
on the Pelican Bay Services Division Board.
COMMISSIONER HALAS: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: And that is for the Board of County
Commissioners -- the vote will take place -- or the vote count, the
ballots, will take place on Wednesday, March 10,2010,12 p.m., here
in the -- in this room.
MS. FILSON: Correct.
CHAIRMAN COYLE: Okay. Motion as stated by
Commissioner Halas, and second by Commissioner Fiala.
Any discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed by no?
(No response.)
CHAIRMAN COYLE: It passes unanimously.
Item #9H
APPOINTING COUNTY COMMISSIONER(S) TO SERVE ON
CANVASSING BOARD FOR THE 2010 ELECTION-
REMANDED BACK TO THE CHIEF JUSTICE - CONSENSUS
Page 30
February 9, 2010
MR.OCHS: 9H is a recommendation to appoint county
commissioners to serve on Canvassing Board for the 2010 election.
CHAIRMAN COYLE: Okay. Do I have any nominations? Any
volunteers? Commissioner Henning, you're probably the only one
who isn't running right now.
COMMISSIONER HENNING: I'm not campaigning. I'm not
actively campaigning.
CHAIRMAN COYLE: Not campaigning, yeah.
COMMISSIONER HENNING: I -- Mr. Chairman, I have a
conflict.
CHAIRMAN COYLE: Okay, yes, I understand.
COMMISSIONER HENNING: So I can't.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: And usually I love to do this, but I
will be out of town for that month, and so I won't be here to serve.
COMMISSIONER HENNING: So it's Commissioner Coletta. I
make a motion that we appoint Commissioner Coletta.
COMMISSIONER HALAS: Second.
COMMISSIONER COLETTA: That's not possible because I
have several conflicts. I've been supporting Marco Rubio and Matt
Hudson and Adusa (phonetic), openly support them and plan to during
the campaign, so that would be a serious conflict for me to serve on
the Canvassing Board. Other than that, I would love to do it.
So that's up to you, Commissioner --
COMMISSIONER FIALA: Only leaves you, Frank.
COMMISSIONER HALAS: I'm not going to be here to fulfill
the whole term.
COMMISSIONER FIALA: Oh. So then we can -- we can
remand it back to the chief judge --
COMMISSIONER HALAS: Yes.
COMMISSIONER FIALA: -- who then can select somebody to
Page 31
February 9, 2010
fill that position.
COMMISSIONER HALAS: I think that's the best way to do it.
CHAIRMAN COYLE: I'd be happy to volunteer.
COMMISSIONER FIALA: Yeah, right. You can't. Just for the
record, he's not allowed to serve on the Canvassing Board when he's
running for office. So as much as we'd like to have you there, sir.
COMMISSIONER HALAS: Can anybody stuff the ballot box?
CHAIRMAN COYLE: Yes. Okay. We can't find any County
Commissioner who doesn't have a conflict here who is available to
serve on -- as a member of the Canvassing Board, so we will remand it
to the chief judge and let the chief judge select someone else.
MR. KLATZKOW: We'll take care of it, sir.
CHAIRMAN COYLE: Okay, thank you very much.
Item #91
BOARD CONSIDERATION FOR ADDING THE MARCO
ISLAND AIRPORT TAXIWAY PROJECT TO THE 2011
FEDERAL LEGISLATIVE AGENDA - APPROVED
MR.OCHS: Commissioners, that takes you to Item 91, which is
board consideration of adding the Marco Island Airport Taxiway
project to the 2011 federal legislative agenda. This item was brought
forward by Commissioner Fiala.
COMMISSIONER FIALA: Would you like me to jump in and
say something here?
MR.OCHS: Yes, ma'am.
COMMISSIONER FIALA: Okay, fine. When we discussed this
previously, the -- on our agenda, I had mentioned at the time
something about the Marco Island taxiway because I knew that we had
been in the permitting process for many years and I knew we had
applied for grants and so forth. I just didn't know how that wasn't a
Page 32
February 9,2010
priority, but I didn't -- afterwards I checked to find out that actually
the priority list that was used on this agenda item was actually a
couple years old, and had the -- and the Airport Authority had not
been contacted to see what their priorities actually were.
They have received their permitting finally after six long years.
It's only good till next year, November. And also they have a grant
application in, hoping to get it approved. Not only do they have a
grant application, but they've been notified by the FAA there's some
discretionary funds to help with -- building this runway. And as we
all know, this is truly a safety feature that has -- is -- has needed to be
taken care of for many, many years.
They don't have a taxiway on Marco Island, for the audience
who's listening to this, so that when a plane lands and a plane is going
off, they're on the same runway heading into each other's noses.
And so this has -- this has needed to be done. There's been a
tremendous amount of permitting. It's not that they didn't want to do it.
Finally, after all these years, that has been accomplished.
But anyway -- but we have a time limit, and so I'm asking that
this be put on the agenda and please give it some priority, because we
only have a short time frame.
MS. WIGHT: Okay. Debbie Wight, Assistant to the County
Manager. And I consulted with get -- receiving Commissioner Fiala's
request, and on direction of the county manager, consulted with our
lobbyist, the Ferguson Group. And if that is the direction of the board,
we can add it comfortably to the agenda.
We do have a full agenda, but we can add it to the agenda and
take it forward to Washington, D.C., as part of the federal legislative
agenda for FY2011.
And just so you understand, we did not go to the Airport
Authority. The reason -- I just -- I just want you to understand that,
Commissioner Fiala especially. We did not go to the Airport
Authority and get the Immokalee Airport. That came up through
Page 33
February 9, 2010
transportation when we had the session with Congressman Diaz- Balart
for the major transportation reauthorization bill. So we didn't
disregard that.
And I think if you speak to the interim director, they don't
prioritize their projects. But we understand fully the importance of the
Marco taxiway, and we want this to happen for the community, the
countywide community, and we understand that all the airports are
important --
COMMISSIONER FIALA: Right.
MS. WIGHT: -- and that it is a safety issue.
COMMISSIONER FIALA: And also this airport -- not only that,
but it also helps fund the other airports. So once we get this airport in
shape and we can then include other aircraft who can now fly in, they
will even be better able to support the other airports that right now
operate in a deficit. Thank you.
MS. WIGHT: Right.
CHAIRMAN COYLE: Okay. Commissioner Henning, did you
want to say something?
COMMISSIONER HENNING: We probably have a likely
chance of getting that. I understand that Pennsylvania -- eastern
Pennsylvania won't be receiving grants for a--
CHAIRMAN COYLE: For a while.
COMMISSIONER HENNING: -- airport grants.
CHAIRMAN COYLE: Yeah. Commissioner Halas?
COMMISSIONER HALAS: Yes. I think the issue that
Commissioner Fiala brought up is very, very important. I'm amazed
that we haven't had a problem out there, and obviously the Airport
Authority's been working through a number of issues in regards to
mitigation and taking care of these particular issues. And I full
heartedly support this effort to try to get funding for this taxiway.
As she brought up, that this will benefit not only Marco, but it
will benefit all of our airports because right now there's a lot of aircraft
Page 34
February 9, 2010
that won't land there because of the fact that it's not a controlled field
with a tower. And, of course, landing on a runway that you're going
to use for taxiing -- probably Commissioner Coyle can relate to that--
that's open for a huge collision on the main runway. So I really think
that we need to put this effort forward.
CHAIRMAN COYLE: Okay. Thank you, Commissioner Halas.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes. I'm just trying to put
everything in proper perspective. I had no backup on this at all. And
not that -- I think this is very important. Help clarify something. This
has been one of our top priorities for years, hasn't it? I remember
when the Airport Authority came to us every time. It always shows
the addition of this runway as being a planned element and how close
they are to be able to move forward to it. Am I wrong, or am I --
hasn't this been in the working stages for a long time? Am I asking
the wrong person?
MS. WIGHT: Maybe.
MS. BRUEGGERMAN: Debbie Brueggerman, interim director
of Collier County Airport Authority. It has always been a very high
priority, and we were working very hard to get the permitting from the
Army Corps of Engineers. We finally received that two years ago,
and that's why it has not been brought forward for funding before. We
couldn't move until we had the permits in place.
But we have spent over a million dollars in mitigation to obtain
those permits, and now we finally have the permits in place so we can
move forward.
COMMISSIONER COLETTA: Okay. Now -- then the next
question would be, you know, when something like this appears on the
agenda, you're trying to get everything together in your mind before
you do something that may have rebounding effects someplace else.
What we're asking for is new money?
MS. BRUEGGERMAN: Excuse me? Yes.
Page 35
February 9, 2010
COMMISSIONER COLETTA: Okay. So I mean, this isn't a
case like we just did the last meeting where we took some money from
Immokalee and applied it to Everglades Airport? This is a totally
different thing. We're asking for additional funds to be able to make
this happen?
MS. BRUEGGERMAN : Yes, we are.
COMMISSIONER COLETTA: In that case, I support it 100
percent.
MS. BRUEGGERMAN: Yeah, we're looking for additional
funding.
COMMISSIONER COLETTA: Let's get on with it.
CHAIRMAN COYLE: Commissioner Fiala, if you'll make a
motion.
COMMISSIONER FIALA: Yes. I'd like to make a motion that
we add the Marco Island Airport Taxiway to the list of priorities --
legislative priorities to send up to Washington and to instruct our
commissioners, who will be up there on our behalf, to include this in
their presentation.
COMMISSIONER HALAS: Second.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Okay. Motion by Commissioner Fiala,
second by commissioner Coletta.
COMMISSIONER FIALA: No, that's commissioner Halas?
CHAIRMAN COYLE: Actually Commissioner Coletta --
COMMISSIONER FIALA: Oh, did he?
CHAIRMAN COYLE: -- got in a half a second earlier.
COMMISSIONER FIALA: I didn't hear him.
COMMISSIONER COLETTA: I can give it to Commissioner
Halas if you want.
CHAIRMAN COYLE: But it can be co-sponsored by both of
them.
COMMISSIONER FIALA: Okay.
Page 36
February 9, 2010
COMMISSIONER COLETTA: My second.
CHAIRMAN COYLE: Two seconds, by Commissioner Coletta
and Commissioner Halas. And let me ask a clarifying question. Is it
-- does it give us a better chance to get the money if we add the money
to what we're asking for for the Immokalee Airport and rephrase it as
saying for the airports in Collier County, or is it better to list it
separately?
MS. WIGHT: You have to be specific, Commissioner.
CHAIRMAN COYLE: Okay. So we'll list it separately. Okay,
very well.
Any further discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, signify by saying no.
(No response.)
CHAIRMAN COYLE: It is--
MS. WIGHT: Thank you.
CHAIRMAN COYLE: -- passed unanimously. Thank you.
COMMISSIONER FIALA: Thank you.
Item #10A
AWARD CONTRACT NO. 10-5198 LEL Y AREA STORMW A TER
IMPROVEMENT PROJECT (LASIP) LEL Y MAIN CANAL TO
HASKINS, INC. IN THE AMOUNT OF $814,184 PLUS A TEN
(10) PERCENT CONTINGENCY OF $81,418 TOTALING
Page 37
February 9, 2010
$895,602 AND A WARD CONTRACT 10-5198 - LEL Y MANOR
CANAL WEST OUTFALL (NORTH & SOUTH SECTIONS) IN
THE AMOUNT OF $1,915,829 PLUS A TEN (10) PERCENT
CONTINGENCY OF $191,582 TOTALING $2,107,411 TO
GUYMANN CONSTRUCTION COMPANY, INC., PROJECT
NUMBER 51101 - APPROVED
MR. OCHS: Commissioners, that moves us to Item lOon your
agenda, county manager's report. lOA is a recommendation to award
contract number 10-5198 for the Lely Area Stormwater Improvement
Project, Lely main canal, to Haskins, Incorporated, in the amount of
$814,184 plus a 10 percent contingency of $81 ,418, totaling $895,602,
and award contract 10-5198, this is the Lely Manor canal west outfall,
north and south sections, in the amount of$I,915,829 plus a 10
percent contingency of $191,582, totaling $2,107,411, to Guymann
Construction Company, Incorporated. Project number 51101.
Margaret Bishop, from your Stormwater Management
Department, is available to present.
CHAIRMAN COYLE: This is merely a request to award a bid
to essentially the lowest bidders in the two categories --
MS. BISHOP: Yes.
CHAIRMAN COYLE: -- except for Guymann Construction.
They were the lowest bidder in both categories, but you felt it best to
split it up, that way you could be assured of an on-time delivery?
MS. BISHOP: That's correct.
CHAIRMAN COYLE: Okay.
MR.OCHS: And, sir, if you'll remember in a prior action the
board took on some easements that you had some firm deadlines that
you had to meet because you had some construction going on in golf
courses, and this was our best opportunity, using both contractors to
make sure that we met those deadlines and avoided penalties for late
completion.
Page 38
February 9, 2010
CHAIRMAN COYLE: Okay.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Motion to approve by Commissioner
Henning, second by Commissioner Fiala.
Is there any other discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: (Absent.)
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by -- signifying no?
(No response.)
CHAIRMAN COYLE: Okay. It is approved.
MS. BISHOP: Thank you.
COMMISSIONER FIALA: We're almost done and we haven't
even taken our morning break.
MR. OCHS: Thanks, Margaret.
Item #10B
A REPORT IDENTIFYING THE CHANGES REQUIRED TO THE
AIRPORT AUTHORITY ORDINANCE AND/OR
ADMINISTRA TIVE CODE TO RESTRUCTURE THE AIRPORT
AUTHORITY TO OPERATE SIMILAR TO THE OPERATION OF
THE COMMUNITY REDEVELOPMENT AGENCY BOARDS'
ADVISOR Y COMMITTEES -APPROVED
MR.OCHS: Commissioners, lOB is a recommendation to accept
Page 39
February 9, 2010
a report identifying the changes required to the Airport Authority
ordinance and/or the administrative code to restructure the Airport
Authority to operate similar to the operation of the Community
Redevelopment Agency Board's advisory committees.
Mrs. Winona Stone, Assistant to the County Manager, will
present.
MS. STONE: Good morning, Chairman Coyle and
Commissioners. Winona Stone, Assistant to the County Manager.
Item lOB is a draft ordinance amendment on the changes
required to your Airport Authority ordinance and/or administrative
code to restructure the authority to separate similar to the operation of
your two CRA boards' advisory committees.
Last December you directed staff to immediately begin the
search process for a new Airport Authority executive director.
Attachment A in your packet is the recruitment plan and time line that
we're currently operating under, and Attachment B is the position's
classification, specifications, listing the job duties and minimum
requirements.
Secondly you directed staff to work with the County Attorney's
Office to amend the authority's administrative code to require the
authorities to submit the top three candidates to you for final approval.
The County Attorney's Office has opined that the administrative
code does not require a revision for that to occur. So you have that
authority anyway.
This executive summary includes a table listing the powers of
your current Airport Authority Board as compared to those of your
powers acting as Community Redevelopment Agency Board.
In the draft ordinance amendment, we reflected changes that
would need to occur in the ordinance. Some primary ones are that the
Board of County Commissioners would serve as the governing board
of the Airport Authority, that we would provide for the creation of an
Airport Authority Advisory Board, and that the Airport Authority
Page 40
February 9, 2010
executive director would report directly to and serve directly under
you as the Board of County Commissioners.
Jennifer White, your assistant county attorney, is available to
answer any specific questions you might have on the draft ordinance
amendment and also, additionally, I believe Mr. Dave Gardner with
the Airport Authority was appointed yesterday at their meeting to
represent them during today's agenda item. So if you have any
questions of me, of course I'll be glad to answer those, too.
CHAIRMAN COYLE: Okay, thank you. Who was first,
Commissioner Henning?
COMMISSIONER FIALA: Yes. And then I was second.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: Yeah, I like the proposed draft
ordinance. Thank you, Winona, very much. I think it's -- we're
elected to make decisions, and this brings some of those decisions to
the Board of Commissioners. So I think that's important to do so.
CHAIRMAN COYLE: Okay, thank you. We have a motion by
Commissioner Henning.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: And a second by Commissioner Coletta.
Yes, Sue.
MS. FILSON: I have two speakers.
CHAIRMAN COYLE: Okay, very well. And Commissioner
Fiala, you're next.
COMMISSIONER FIALA: I'd like to hear the speakers first, if!
may.
CHAIRMAN COYLE: Okay. Turn your light back on then.
COMMISSIONER FIALA: Okay.
CHAIRMAN COYLE: Okay. And Commissioner Coletta, you
want to wait for the speakers?
COMMISSIONER COLETTA: Fine, yes, sir.
CHAIRMAN COYLE: Commissioner Halas, you want to talk
Page 41
February 9, 2010
now or later or both?
COMMISSIONER HALAS: I'd like to hear the other side of the
story before I make a determination what direction to go here.
CHAIRMAN COYLE: Okay. Then let's hear the two speakers.
MS. FILSON: Okay, Mr. Chairman. I have two speakers. The
first one is David Gardner. He will be followed by Marion (sic)
Courtright.
MR. GARDNER: Good morning. I've been selected to represent
the authority and speak to you about this, basically about the change
in the authority's structure.
First of all, let me talk a little bit about aviation, because I --
being a pilot, I love to talk about aviation. Airplanes are a little
different than other modes of transportation. They go, they stop, they
turn right, they turn left. Airplanes do all of that. They also go up and
they go down. And when they go down, hopefully they go down to an
airport.
Now, all of us, with the exception of two of our members, are
pilots. One an air transport pilot, and the rest of us general aviation
pilots. We've flown at every kind of airport there is, grass, dirt,
Chicago O'Hare to Everglades, for instance.
So we know what airports are, what they should be. We know
the good ones. We know the bad ones. And we've been -- I,
particularly -- I think it's been three years -- have been trying to make
our airports better than they previously were.
I'll give you just a brief thing about some of our people. One is a
corporate insurance and money management person. One is an
engineering consultant. One is in sales in aircraft and industrial
equipment. One is an air traffic management specialist. One is an
agricultural equipment specialist. One a financial management
consultant. Another, a construction CEO.
They were appointed by you folks. We were appointed because
of our expertise, of our qualifications to do what you want done as far
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February 9, 2010
as making our airports better.
Work with agencies. Let's put it that way. When we get to the
point where, for instance, we have our taxiway -- and we want our
taxiway in the worst way. We need it. You're dealing with FDOT,
you're dealing with the FAA, you're dealing with probably NTSB, and
other agencies, plus, of course, all the darned environmental ones that
we had to contend with for seven years about alligators and so forth,
and they want to talk with people who are in aviation. They don't
want to talk necessarily with people who aren't.
If you go to the FAA, they expect that you are somebody
involved in aviation before you come in the door and talk to them and
ask them for money or ask them for this, that, or the other thing. And
we are in aviation. We love it, we fly it, and we're part of it.
Who would replace us if we are to be made associates or
anything else? Who would replace us? Would you replace us? You'd
have to, because you want to make the decisions directly. You got
time for that? You've got an awful lot on your plate right now
handling the business of the county. Do you have the expertise in
that? And who would do the groundwork? Whose resources would
you take from?
CHAIRMAN COYLE: Your time has expired. Could you wrap
it up.
MR. GARDNER: Well, just a little.
CHAIRMAN COYLE: Okay.
MR. GARDNER: Okay. What I'm basically saying is, we are
there, we are at your service. We've -- well, look at your airports.
Look at them 20 years ago. Look at them 10 years ago. Look at them
today. And look at what our future plans are at Marco Island, at
Immokalee.
And us guys are the guys who have researched and said yes and
said no and expended the taxpayers' funds, we feel, in a very
responsible manner. And I think that we should be allowed and you
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February 9, 2010
should be happy that we are willing to continue to do it. Incidentally,
we cost you this (indicating). Anybody that replaces us is not going to
cost you this (indicating).
CHAIRMAN COYLE: Thank you very much, sir.
MR. GARDNER: You're welcome.
MS. FILSON: The next speaker is Marvin Courtright.
MR. COURTRIGHT: Good morning, Commissioners.
CHAIRMAN COYLE: Good morning.
MR. COURTRIGHT: My name is Marvin Courtright. I'm retired
U.S. Army aviator, 50 years in aviation maintenance, 55 years in
aviation flight, flight instructor, A&P, lA, DME, all of these fancy
names. None of them will get me a cup of coffee today. But I want to
tell you something, you've got the best Airport Authority Board right
now you have ever had. They're good, they're qualified, and they're
capable.
And if you look back over the years -- now, I was on the Airport
Authority when it was formed. This commission, not you, but in
particular, appointed me to it in '83. And there's been a lot of
problems and a lot of struggles.
But if you go back to '02 -- pardon me -- if you go back to '02
when we had this same problem again and there was all this in-house
fighting wanting to put the county in control of the airports and
disband the Airport Authority -- but they came around and they kept
the Airport Authority going. It was a good decision.
And if you change it now, my personal opinion is, you're making
a mistake. Support your Airport Authority. Don't get involved in it in
the point where you're determining this and you're determining that.
Let the airport -- let the county manager do his job. Let the Airport
Authority do its job. Thank you.
CHAIRMAN COYLE: Thank you.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. Thank you for those speeches.
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February 9, 2010
You know, until we, the BCC, interrupted the smooth flow -- the
smooth operation of the airports and the Airport Authority just
recently, things just -- things just functioned beautifully, and our
Airport Authority knew the people that they needed to communicate
with, they knew what they were -- how they needed to improve our
airports.
And I don't feel that we should be in the business of doing that. I
like the fact that they came to us when they had any concerns. I like
the fact that they would tell us what they were doing and give us
reports periodically so that we were updated on what was happening.
But I feel, why -- why fix it if it ain't broken? And I just -- I feel less
government, not more. I just -- I just think government gets into too
many things too often. I think we ought to leave it the way it is, and I
do not want to see it changed.
CHAIRMAN COYLE: Thank you.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes. Well, there's all different
perspectives to look at this, and one -- one of the most perfect
examples of a government operation that you could ever find is the
CRA that we have, both of the CRAs, especially the one at Bayshore,
who operates flawlessly with a tremendous advisory board, and the
one in Immokalee equally so. Those advisements are sent on to the
Collier County Commission at a regular public meeting, and probably
99.9 percent of everything that is passed on is approved at the
commission, but it's a form that the public can weigh in at whatever
time.
We're not replacing any advisory board. I mean, I hope no one
chooses to leave. But if you look at the record for the CRAs, both in
Immokalee and Bayshore, you're going to find that they serve a
tremendous valued purpose, their expertise is greatly valued, just as
yours is. And I hope that if this goes forward as the motion has been
made and is seconded, that every one of you stay on and become even
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February 9, 2010
more involved as we go through the process.
Weare elected to be the overseers of everything that takes place.
We're supposed to be the final say that's there. The amount of time
that's going to lapse between what you're doing now and what we're
doing is negligible. Meetings take place every two weeks, and if we
ever had an emergency issue, we could call a special meeting, we've
done it before, or we use one of our other meetings we have to be able
to bring that issue forward.
So I fail to see how this wouldn't be a better benefit to the public.
CHAIRMAN COYLE: Thank you, Commissioner Coletta.
Commissioner Halas?
COMMISSIONER HALAS: I have to go along with
Commissioner Fiala. I don't think we -- government needs to get
involved in this. There's only one of us on this board that knows all
the principles of aviation, and I have a problem with micromanaging.
And I think they've done a good job. They being the Airport
Authority. And they've always come to us if they've ever had a
problem, and we can address emergency issues with the Airport
Authority, and I feel that if it isn't broke, don't fix it, and I don't think
it's broke. I think they did an outstanding job, and that's where I stay
on this thing is -- stand on this is that I appreciate all the time and
effort that people who've been in the military aviation, commercial
aviation, all their time and effort that they spend on this, along with all
the background people that are involved in this, whether they're in
business as far as accountants, bankers, or whatever else, they seem to
have done a good job for us in the past, and I wish them well, and I
hope that we can just leave well enough alone. Thank you.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: Well, Commissioner Coletta
pretty much straightened out the misstatements that were made here
today. You know, the -- I'm glad we have so much experience on
there and the vested interests. I think it's good to get advisor- --
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February 9, 2010
advisory opinions from people who have vested interests, but we need
to do what's right for the community.
I am interested in economic development, and our airports are
very much a part of that. And I think the taxpayers elected me to be
the oversight of tax dollars. Collier County has done very well in
receiving tax-dollar grants, and those issues need to be decided here.
So I'm very much supportive of the amendment.
CHAIRMAN COYLE: Okay, thank you. I may as well weigh in
on this.
I don't understand how you developed -- and to the members of
the Airport Authority -- developed the opinion that we don't appreciate
what you do. You've done a wonderful job. That's not the point of any
of this.
One of the -- I guess the thing that exemplifies the interest in
making a change is the reporting relationship for the director of the
airports. That director is our employee, but the way it's set up is that
the Airport Authority can terminate that employee for cause on its
own authority. What other organization do we have here where a
board can terminate one of our employees without our consent?
That's -- it's just illogical, and I would be willing to bet that none of
the board members with aviation experience has ever worked in an
organization that does that.
It is not that we don't value your expertise. And it puzzles me
why you would even imply that you would not serve unless you have
that kind of authority. You serve because, I think, you want to make
the airports better, and that's what an advisory board does.
The advisory boards in Immokalee and here in this area, the mini
triangle and the adjacent area have done a wonderful job of getting
those community redevelopment areas moving forward, but they don't
have authority to hire and fire our employees.
Without those advisory board members, we wouldn't be as far
ahead as we are, and without you, we wouldn't be as far ahead as we
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February 9, 2010
are. And why on earth would you think about not serving when we
want to make a structural change that makes the reporting
relationships a little more sensible?
So I apologize, number one, if you've developed the idea that we
don't appreciate what you do. It has nothing to do with that. And we
sincerely hope -- however this motion goes, we sincerely hope that
you'll continue to serve the airports of Collier County.
As a pilot for over 50 years, I also want to make sure that the
airports are preserved and that they're expanded and that they're made
better for the public. And I don't want to lose any of you from the
airport because of a structural change in the organization. We still
need your expertise and your involvement. And we have proof that it
works very, very well in other areas of our community.
So with that, is there any other discussion?
(No response.)
CHAIRMAN COYLE: Then I'm going to call the question. All
in favor of the motion to accept the change in the ordinance as
proposed and outlined by the county attorney, please signify by --
does somebody want to say something more?
MS. STONE: Commissioner Coyle, I believe you need to
advertise us to advertise the ordinance to come back to you.
CHAIRMAN COYLE: Okay.
MS. STONE: It's not going to be complete today. We have to
come back with it and advertise it for the public to be able to
comment.
CHAIRMAN COYLE: Well, I think Commissioner Henning's
motion was to support the recommendation and the recommended
ordinance.
COMMISSIONER HENNING: We're okay.
CHAIRMAN COYLE: So that's what we were going to vote on.
MS. STONE: Yes, sir.
CHAIRMAN COYLE: Okay. Did we have anything more?
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February 9, 2010
MR. KLATZKOW: You're good. We understand.
CHAIRMAN COYLE: Okay. All in favor, please signify by
saymg aye.
Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed by like sign?
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Okay. It passes 3-2, with Commissioner
Halas and Commissioner Fiala dissenting.
MS. STONE: Thank you, Commissioners.
CHAIRMAN COYLE: Thank you very much.
MR. OCHS: Mr. Chairman, I've been advised by Reverend
Peck, who was your public petitioner under 6A, that she is here. She
apologized for arriving late. So that item could be heard at the board's
discretion, whenever you'd like, sir.
Item #10C
THE DEPARTMENT OF HOUSING AND HUMAN SERVICES
TO WORK WITH THE COUNTY ATTORNEY TO TAKE ALL
EFFORTS TO RECAPTURE U.S. HOUSING AND URBAN
DEVELOPMENT (HUD) GRANT FUNDING PROVIDED TO THE
COLLIER COUNTY HOUSING DEVELOPMENT
CORPORA TION(CCHDC) NOW KNOWN AS THE HOUSING
DEVELOPMENT CORPORATION OF SOUTHWEST FLORIDA
(HDCSWFL) INCLUDING FILING A LAWSUIT IN THE 20TH
JUDICIAL CIRCUIT IF NECESSARY FOR FAILURE TO
COMPL Y WITH THE GRANT AGREEMENT TO DEVELOP
CIRRUS POINTE AND TO SEEK DIRECTION ON WHETHER
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February 9, 2010
TO FUND HDCSWFL FOR FUTURE GRANT A WARDS -
APPROVED
CHAIRMAN COYLE: Okay. Why don't we go ahead with lOC
and --
MR.OCHS: Okay.
CHAIRMAN COYLE: -- then we'll try to jump back to it.
MR. OCHS: Very good.
10C is a recommendation to authorize the Department of
Housing and Human Services to work with the county attorney, take
all efforts to recapture U.S. Housing and Urban Development grant
funding provided to the Collier County Housing Development
Corporation now known as the Housing Development Corporation of
Southwest Florida, including filing a lawsuit in the 20th Judicial
Circuit if necessary, for failure to comply with the grant agreement to
development Cirrus Pointe, and to seek direction on whether to fund
HDCSWFL for future grant awards.
Ms. Marla Ramsey, your Public Services Administrator, will
present.
CHAIRMAN COYLE: Okay. Before you say anything, Marla, I
believe Mr. White would like to have a continuance?
MR. OCHS: That's our understanding.
CHAIRMAN COYLE: Is there anything you need to say before
he does that?
MS. RAMSEY: No.
CHAIRMAN COYLE: Okay. Mr. White.
MR. WHITE: Thank you, Mr. Chairman. Commissioners,
Patrick White, law firm of Porter, Wright, Morris, and Arthur. I'm
here today representing the interests of Cirrus Pointe, who's two steps
removed essentially from the direct aspect of the subject today. They
are under a joint agreement with HDC. HDC is, in turn, under a
contract with the county itself, and the county, of course, is
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February 9, 2010
correspondingly under the jurisdiction of the Housing and Urban
Development portion of the federal government, HUD.
In representing our clients' interests, we have spoken with and
attempted to talk with both the HUD staff and counsel's office over the
past number of months. We've been in a dialogue with your staff
about those very contacts they're having as well.
I believe that the action today is one that, if it were continued,
would give us all an opportunity to better understand what it is that the
options are that not only HUD has, but that the county has here.
We have identified provisions in the Code of Federal
Regulations, we believe, that may, in fact, waive any requirement for
replacement. There are other provisions that we've seen that indicate
to us that there is discretion that the county has in terms of being able
to extend the time periods that are the subject of each of these
respective contractual relationships.
And so I think that if we could have at least a couple of weeks to
more precisely work with your staff and they, in turn -- as they are the
entity that interfaces with the agency, I'm hopeful that we could come
back to with you a more precise set of options and, in fact, whether it's
the agency's position that they, at some point in time, are intending to
ever take action against the county or not.
So I just respect that the staff wants to have direction from the
board. I would just encourage that if that is the case, we may have the
opportunity for more precise determination with a little bit of time to
continue our dialogue between HDC, between the county, and the
agency.
CHAIRMAN COYLE: Okay. County Attorney, do you have
any opinions on this?
MR. KLATZKOW: Yeah. The recommendation is to have staff
work with the county attorney to try to bring this to resolution, which
may include the filing of a lawsuit. You could grant that, and we don't
necessarily have to file a lawsuit. We can work with Mr. White and
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February 9, 2010
see if there are any alternatives, and if there are, bring it back to the
board. And we can -- we could do it that way.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Well, I first wanted to hear -- Marla,
I think, had a comment on this as well, right, being that you're
standing there? Do you want to continue on with dialogue after five
long years or no?
MS. RAMSEY: I believe that that's totally in your discretion to
do that. That is basically what we're asking is for you to give us
direction to work with the County Attorney's Office in order to bring
this to resolution.
COMMISSIONER FIALA: Well, I think we ought to proceed
according to Jeff Klatzkow's recommendation.
We've been waiting five years to see anything done. Why two
weeks is going to change that, I'm not quite sure. But I'm rather
disappointed in -- you know, I supported them, and I had great hopes,
and they sure let my hopes down.
MR. WHITE: Well, Commissioner, I think this is more a
consequence of the economy than it is anything else. But suffice it to
say that there is a restructuring of the partners that assure our client
will have the opportunity, once the economy rebounds, to be able to
move forward with this project.
COMMISSIONER FIALA: And what year is that?
MR. WHITE: And are looking -- well, if! knew the answer to
that Commissioner, I don't know that I'd be having the job I presently
do. I might be employed in some other capacity.
But suffice it to say, it's the same circumstance that the private
sector generally is in the county and across the nation and, likewise,
the public/private partnerships that we are in with this project.
So everything that Mr. Fields could do -- and I have to apologize
for him not being here. We only learned about this matter later --
latter part of this last week. He regretfully is having medical treatment
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February 9, 2010
this week and is out of town.
So the point is that every opportunity that exists we have
followed up for. And although there is disappointment that is, I'm
certain, justified on your part and the board's, it is the same
disappointment that is shared by Mr. Fields and Cirrus Pointe in being
able to move this project forward, and I'm certain that that's the case
for HDC as well; not representing their interests, but I think that it's a
shared concerned.
And there isn't anything in the record that suggests that there's
been anything dilatory on the part of the developer, so --
CHAIRMAN COYLE: Commissioner Henning? Oh, I'm sorry.
COMMISSIONER HENNING: Not to confuse the issue. It's not
taking action against Cirrus Pointe, Mr. White's client. This is the
Collier County Housing Development Corporation, which we have an
agreement with. Am I wrong? That's what -- the action you're asking
today?
MS. RAMSEY: That's correct.
COMMISSIONER HENNING: Has nothing to do with Mr. --
the gentleman's client?
MS. RAMSEY: I'm not sure that that's exactly -- I mean, the
action that we're taking is against the organization, but they're -- they
then have an agreement with Cirrus Pointe, who is the developer, so
it's a little co-mingled.
COMMISSIONER HENNING: That's -- I know, but that's their
agreement. It's not -- it's not ours.
MR.OCHS: That's correct.
MS. RAMSEY: Correct.
COMMISSIONER HENNING: Let's just state the facts and
move on.
MR. WHITE: Mr. -- if! may, Mr. Chairman?
COMMISSIONER HENNING: And we're going to keep on
having this until we have somebody step up and say, your time's up.
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February 9, 2010
MR. WHITE: I'd just respond that in the event that the county
takes the action of filing suit, I'm pretty certain that the first thing that
HDC will do is join Cirrus Pointe as an indispensable party. So it's for
those reasons that I'm here today, and I'm not suggesting the facts are
different. I'm merely indicating that I think this issue has now ripened
to the point where, first, the board is aware of it, and if you want to
take it under advisement and give us a couple of weeks to work with
HUD counsel, I think that having the county talk to the agency rather
than the developer, we may be able to -- having identified what are the
more precise provisions of the Code of Federal Regulations -- be able
to get the kind of answers that the staff has been looking for literally
for months. And I'd be happy to work with the County Attorney's
Office to do that.
CHAIRMAN COYLE: Thank you.
Commissioner Halas?
COMMISSIONER HALAS: I believe you had -- there was an
extension on this that was supposed to be started in 2005, and nothing
was done, and that was the height of this building. And I'm also
concerned about you representing Porter, Wright, Morris, and Arthur,
and I believe some of the people that worked for that firm, or work for
it presently, are still there.
And I've always felt that there was something that wasn't right
with this whole issue. And now it's come to a head to where they've
defaulted on the payment of this loan. And so I really got a real
concern about this that I think we need to move forward.
MR. WHITE: Commissioner, just for the record --
COMMISSIONER HALAS: I've heard enough.
MR. WHITE: -- it isn't a loan, and there's no default. There was
merely the requirement to construct certain units. And obviously the
project hasn't gone forward. And it's true that it has had its trouble.
But I don't want to take exception to your remarks are about our
law firm. They're merely my employer, and I'm not representing
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February 9,2010
them. I'm representing the interests of Cirrus Pointe and Jim Fields,
our client, so --
CHAIRMAN COYLE: Okay, thank you.
MR. WHITE: Thank you.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yeah. I'm replaying what you said
in your presentation.
MR. WHITE: Yes, ma'am.
COMMISSIONER FIALA: Did you say -- it kind of skimmed
right over, so I'm just coming back. Did you say, and possibly waive
the repayment?
MR. WHITE: If a repayment were to be required. We haven't
even gotten to the place where HUD has said that that is the case. In
fact, there are provisions in the Code of Federal Regulations that
suggest that it's within the discretion of the county to extend the time
period again.
And so that has been the issue that your staff has sought a
determination from HUD counsel from. And although we've assisted
because of the interests our client has, we're not the ones who should
interface with the agency.
COMMISSIONER FIALA: Patrick, did you say possibly waive
the repayment? That's just my question.
MR. WHITE: If it were to be requested, I think that there is
provision that could, because of the circumstances, actually waive the
repayment.
CHAIRMAN COYLE: Mr. White, I --
MR. WHITE: Meaning by account.
CHAIRMAN COYLE: During eight or so, nine years I've been
on the commission, the one thing I've learned is to count to three, and
I can already count to three. One, two, three.
MR. WHITE: I think it's fair to say, sir, I make my living by
simple match.
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February 9, 2010
CHAIRMAN COYLE: Okay, all right.
MR. WHITE: Thank you.
CHAIRMAN COYLE: I understand.
Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. I can't believe that last
statement that there's a possibility we'd even consider forgiving or
putting this aside. It really lost me, Mr. White, how we could even
make that statement. This commission would never agree to that.
My question's to the county attorney. What advantage would
there be delaying this two weeks? I mean, if we start the process,
you're going to come back in two weeks and give us possibly a
solution to this, and we're going to be working towards it. We delay it
two weeks, where are we?
MR. KLATZKOW: There's no advantage in delaying this. I
mean, if the motion passes -- and I can count to three, too -- I will be
working with staff, I'll be working with Mr. White. I'm going to see if
there's a way we can get this amicably done without having to file suit.
If! determine that there's no way I can get this done amicably, I am
not filing suit without your seeing this on the consent agenda that --
you know, for permission to file suit. So that, if it gets to that point,
you will see this again.
COMMISSIONER COLETTA: Commissioner Coyle, it's four.
CHAIRMAN COYLE: We have speakers?
MS. FILSON: Well, Patrick White was one of them, but then I
have one additional speaker, sir, Kathy Patterson.
CHAIRMAN COYLE: Okay. Ms. Patterson, would you like to
speak?
MS. PATTERSON: I do. He was wondering if! wanted to hear
the presentation. It doesn't make any difference. Would you like me
to speak first?
CHAIRMAN COYLE: It's up to you. If you'd just like to tell us
what you support. You can tell us you support an extension or you
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February 9, 2010
don't support an extension.
We're not debating the issues right now. We're only making a
decision as to whether or not we give the county attorney the guidance
to proceed toward a resolution of this, which might involve a lawsuit.
MR. KLA TZKOW: Which I will bring back to you.
CHAIRMAN COYLE: Yes.
MS. PATTERSON: The other part of it is the point of denying
funding to the HDC. And I mean, you-all know about -- my name is
Kathy Patterson. I'm with the exec- -- I'm the executive director of the
Housing Development Corporation.
In 2005, in December of 2005, the Housing Development
Corporation entered into a joint venture agreement with Jim Fields to
construct I 08-unit condo development, Cirrus Pointe.
Housing and Human Services awarded a grant of $320,000, of
which a portion was -- or the 320,000 was used as a portion of the
acquisition costs of the property. We, in turn, filed a $320,000
mortgage against the property to secure that money.
It is the HDC's responsibility -- besides providing the acquisition,
it is the HDC's responsibility to sell the 32 units once they are
constructed. The HDC is not the developer, and so we can't go
forward with this project without the help of Jim Fields and Cirrus
Pointe.
At the time the project was conceived, there was literally no
affordable units in Collier County and, therefore, the construction of
the proposed project was very vital to the workforce of Collier
County. Due to the economic conditions, we all know today there's
plenty of affordable housing.
I'm going to address the part about no funding. The HDC formed
a partnership with other nonprofits and successfully completed the
construction of units, have sold them. We've done two projects in
Copeland. We have now a partnership with a legal aide to do
foreclosure intervention and legal counseling for foreclosure clients.
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February 9, 2010
We provide housing. We are the only HUD-certified counseling
agency in the Naples area. We provide homebuyer education and
counseling to the people that require -- that are going to purchase the
NSP homes that Collier County -- the Housing and Human Services
purchase and rehab.
We provide financial literacy classes to the people -- to the
applicants who apply for funding through the housing -- the homeless
prevention and Rapid Rehousing Program.
The -- for that reason, I'm going to ask that you please delay any
decisions to -- to make any decisions today and allow the developer's
agent, the HDC, and Housing and Human Services to work together to
see if we can resolve this issue.
Thank you for your time.
CHAIRMAN COYLE: Thank you. And my understanding of
the motion, if it passes, is that it would instruct the county attorney to
continue working to see if we can resolve it.
MS. PATTERSON: Thank you.
CHAIRMAN COYLE: Okay. Any further discussion by the
commissioners?
(No response.)
CHAIRMAN COYLE: Okay. We have a motion by
Commissioner Henning.
MS. FILSON: I don't have a motion written down, sir.
CHAIRMAN COYLE: Okay.
COMMISSIONER HENNING: Mr. Chair, I make a motion we
accept staffs approval, request the staff come back to the board on any
reports, progresses on this issue.
CHAIRMAN COYLE: That really was Commissioner Henning's
motion from the very beginning is to accept the staffs report, yeah.
And it's seconded by?
COMMISSIONER FIALA: Second.
COMMISSIONER HALAS: I'll second it.
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February 9, 2010
CHAIRMAN COYLE: Okay. By Commissioner Halas.
Any further discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: It passes unanimously.
MS. RAMSEY: Thank you.
Item #6A
PUBLIC PETITION BY REVEREND HEIDI M. PECK
REGARDING NON-PROFIT HOURL Y RENTAL RATES - NOT
PRESENT AT BEGINNING OF MEETING; MOTION TO HAVE
COMMISSIONER COLETTA WORK WITH THE PETITIONER
FOR A POSSIBLE SOLUTION - APPROVED
MR. OCHS: Mr. Chairman, did you want to go back to 6A?
CHAIRMAN COYLE: We're going to take a ten-minute break,
and then we'll come back to the public petition item.
MR. OCHS: 6A. Thank you, sir.
(A brief recess was had.)
CHAIRMAN COYLE: Okay, ladies and gentlemen. The Board
of County Commissioners is back in session.
We're going to go to Item 6A. County Manager?
MR.OCHS: Yes, sir, thank you.
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February 9, 2010
6A is a public petition request by Reverend Heidi M. Peck
regarding not-profit -- nonprofit hourly rental rates.
REV. PECK: Good morning.
CHAIRMAN COYLE: Good morning.
REV. PECK: Thank you for including me in the agenda this
morning. I apologize for being late.
I am the new spiritual leader for the Center for Spiritual Living in
Naples, just as recently as September. And we lease space on
Sundays at Veteran's Community Park. And there is a current hourly
rate of$15. Because we lease on Sunday, we're also subject to an
additional fee because of the park being closed on that day.
So we're currently paying $35 an hour for the rental fee. And the
church that I represent has been operating in the red for close to four
years.
So I'm here just to request your consideration ofthe possibility of
perhaps adjusting the hourly rate for the nonprofits. I'm sure that I'm
probably not the only one who has come forward and asked for
consideration due to, you know, the economic situation.
And the second part to that, that's an hourly request across the
board for all the nonprofits.
And then the second, I guess, part B you would call it, it has been
intimated to me that if there were a commissioner who lived in our
area that could be present on a Sunday to unlock the door, that the $20
extra fee per hour could be waived. So I'm asking for that
consideration as well.
CHAIRMAN COYLE: The commissioner charges $75 an hour
for the services. That's not me, by the way. My services are free.
REV. PECK: Okay, good.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. First I'd like to volunteer
Commissioner Coyle to meet you there every Sunday. And I'm not
too sure if that's correct or not, but I am a little curious about that.
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February 9, 2010
The other thing is, you know, there's -- there are some other
facilities that may be available. I know that we have had churches
meet before at the school system, different schools. We have -- I'm
not too sure if it would be available on Sundays, but the fire
departments have been very agreeable to allow organizations to meet.
Both Golden Gate, the property owners association and the civic
association, even though they could use a community center, have
opted out for the fire department, and they charge no fees for it, and
they have a large meeting room there.
How many people do you have in your congregation?
REV. PECK: Just under 50.
COMMISSIONER COLETTA: Yeah. You know, I'd like to
work with you a little bit on this personally.. I don't think we're going
to be able to adjust the fees across the board. We're at a time of
economic -- what do you want to call it?
CHAIRMAN COYLE: Distress.
COMMISSIONER COLETTA: Desperation, yeah. But I do
think that there's some ways that we might be able to tap other
resources that are out there.
And as far as a commissioner being available every Sunday, I
wouldn't mind -- if such a system does exist, you know, whenever I'm
in the area be able to do it. The only problem is is that, to be honest
with you, Sunday's the only day I have with my wife, and we both
work, so we -- and I have my own church I go to.
REV. PECK: I understand.
COMMISSIONER COLETTA: But if I could accommodate you
some of the time on that, it might be a possibility. But let's do this.
Let's meet offline and talk about this some, and I'll see what I can do
with the other resources that are out there.
COMMISSIONER HENNING: Second.
COMMISSIONER COLETTA: Thank you.
REV. PECK: Thank you very much for your time.
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February 9, 2010
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: Yes. I'm that commissioner in that
district, but as another commissioner, Commissioner Coletta, said, that
I spend that time with my wife with all the hours that we have to put
in here.
But I would think also that another possibility might be some
churches in the area that -- I know in -- where I come from up in
another area of the country, a lot of times they have dual churches,
and a lot of times they try to meet your needs either before they have
their worshiping hour or after, and that might be a possibility also.
The problem is, as was brought up, is that we have to pay staff
and we also have to pay overtime, and that's why the extra cost on
Sunday. And, of course, that comes out of ad valorem taxes, and right
now we've got some concerns about meeting our requirements in this
upcoming budget.
So I appreciate your time and your effort coming here to speak
before us. Thank you.
CHAIRMAN COYLE: Thank you, Reverend Peck.
REV. PECK: Thank you very much for your consideration.
CHAIRMAN COYLE: Thank you very much. And I think
we're going to have a motion to approve Commissioner Coletta's offer
to work with you offline to solve this problem. Commissioner
Henning has made such a motion.
COMMISSIONER COLETTA: Okay. I'll second it.
CHAIRMAN COYLE: And Commissioner Coletta has seconded
it.
All in favor, please signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
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February 9, 2010
CHAIRMAN COYLE: Commissioner Coletta needs as much
time in church as we can possibly get him.
Thank you very much for coming in.
REV. PECK: Thank you.
CHAIRMAN COYLE: Now that brings us to 10D.
MR. OCHS : Yes, sir. No, actually it takes you to Item 11.
CHAIRMAN COYLE: Oh, okay.
MR. OCHS: Which is your public comments on general topics.
COMMISSIONER FIALA: No 10D?
COMMISSIONER HALAS: I got a lOD.
MS. FILSON: lOD is first.
Item #10D
RESOLUTION 2010-38: THE DISTRIBUTION OF BUS PASSES
AND OTHER PROMOTIONAL TRANSIT ITEMS BY COLLIER
AREA TRANSIT (CAT) FOR THE PURPOSE OF PROMOTING
TRANSIT - ADOPTED
MR.OCHS: Oh, I'm sorry. I apologize. Yes, sir.
10D, recommendation --
CHAIRMAN COYLE: See, I'm right again.
MR. OCHS: You are, sir -- recommendation to approve a
resolution to declare a public purpose for the distribution of bus passes
and other promotional transit items by Collier Area Transit for the
purpose of promoting transit.
CHAIRMAN COYLE: And this was pulled by Commissioner
Henning and Commissioner Fiala or not?
COMMISSIONER FIALA: No.
CHAIRMAN COYLE: No, just Commissioner Henning, okay.
COMMISSIONER HENNING: Yeah. I -- Michelle, I hate -- I
don't normally disagree with you. The bus system is a -- never pays
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February 9, 2010
for itself. And I don't -- I don't know that we need to be promoting by
giving free bus passes away for people to further get on the train -- or
the bus.
It's -- I think government's job is to provide services that others
cannot provide for them and not promote services in order for the
public to get on it. That's all. So I can't --
MS. ARNOLD: For the record, Michelle Arnold, Director of
Alternative Transportation Modes Department.
The idea behind -- I agree with you. The idea behind it is to give
people information about it and give them an incentive. We attend
events throughout the year to -- at the request of different nonprofits,
the Lighthouse of Naples and different agencies like the Health
Department, to promote transit because -- to let people know about the
benefits of transit.
And we get from the public that are in attendance at some of
these events that they weren't even aware of the fact that we do have
transpo- -- transit in the county. And this is a way to promote them, to
give them a way to get on the bus and use it one time and possibly
figure out how it can fit into their schedules. It's done very frequently
throughout different transit agencies to incentivize people or to
educate people about how to use the bus and to show them how it is a
benefit to their lives.
And we're just talking about a minimum amount. Ifwe increase
ridership, it's a way to have the fare box contribute more to the
operations of the system.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: I think this is a great idea in the
idea that if we can get people who normally would drive, if they get
acclimated to our bus system, they might find out it would be
beneficial. It would be beneficial to us as commissioners to get as
much traffic off the roads as possible, so if we can educate people to
take mass transit -- and I think this is the direction that this country
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February 9, 2010
wants -- is going to have to go in -- is that we're going to promote
mass transit.
And I believe this is a good way of doing it, because if people
realize they can get from point A to point B without driving their car
and they can do it in a timely manner, chances are we'll address a
couple of issues. One is that we'll save the natural resources of oil in
this country and, number two, the air quality.
And I think that the people -- and again, as I said, it will take --
help take cars off the road. So I hope that we can go forward because
the bus still has to run that course.
MS. ARNOLD: Absolutely.
COMMISSIONER HALAS: So to me, I think this is a great way
to try to sell something that we know takes a lot of taxpayers' money
to support. But if we can get more ridership on there, then obviously
we're not going to have to have as much money going out of the
treasury to support something of this nature.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I come from the promotion
and marketing background, and so I know how effective a promotion
like this can be. And I think that as you focus on things -- first of all,
the people who really need the bus system, they're riding it.
MS. ARNOLD: Right.
COMMISSIONER FIALA: But there are a lot of people that
don't realize how good the bus system is or how safe it is, how clean it
is, and they just haven't made -- taken that step.
For instance, those that are living in assisted living facilities,
they'll get in their car, but actually, maybe they shouldn't be driving.
Those that are living in 55-and-older mobile home parks, if they were
able to access the bus system easily and realize how beneficial it is to
them, I think that would be great.
So in other words, this motion is so that people can experience
the system and begin to realize what a gem we have here. And so I
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February 9, 2010
am totally in favor of this promotion.
MS. ARNOLD: Thank you.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you. We need to
grow our public facilities, transportation facilities, and I think we've
heard the reasons. But the cost versus the transportation impact, the
cost is pretty negligible. You've got a bus that's going from point A to
point B -- with exceptions of some major times of the day when
possibly everybody's going to work or coming home -- there's room in
the bus to be able to take on extra passengers. Am I right? As a
general rule, you're not running it completely full every time you go
out?
MS. ARNOLD: Not every time, but we do have our peaks as--
on some of our routes that, you know, it's overflowing. But, you
know, the idea is to get the buses utilized every time it's doing a
particular route.
COMMISSIONER COLETTA: I understand. So you're not
talking about putting extra routes on the bus route, I mean extra buses
MS. ARNOLD: No, no.
COMMISSIONER COLETTA: -- on the route. No, that's not
going to happen. You're not -- you're not talking about any kind of
exorbitant costs. When you put an extra passenger on, does the cost of
running that bus go up?
MS. ARNOLD: No.
COMMISSIONER COLETTA: So the only cost you're going to
really incur is a little bit of advertising in the printing of these passes
possibly?
MS. ARNOLD: Yes. We -- it would be the cost that we would
normally have somebody pay for a day pass, which is $4.
COMMISSIONER COLETTA: Yeah. And I think the people
that it's going to benefit is those people that may be out of the
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February 9, 2010
mainstream that we don't see now, the elderly, and our young
population that's a point where they can travel to the mall or travel
other places, you know, without parent supervision, and they're still
too young or unable to afford a car, and the shut-ins, too, which is a
big concern. You know, here's something where now they have an
opportunity to get out.
In these troubled economic times, we've got to remember that we
have a lot of people that are what we call working poor, is one of the
reasons why we brought this bus -- one of the reasons we brought the
bus system on, and it would benefit them tremendously.
If they didn't know the system existed and they got one pass, they
got them on a bus, then we have a paying customer, and that paying
customer over a period of time is going to lower the cost of doing the
whole operation. Go for it, lady.
CHAIRMAN COYLE: Okay. Michelle, have you thought about
marking the tickets some way so that you can tell if those tickets have
actually been used?
MS. ARNOLD: Yes. We are going to -- when we do distribute
them, we are going to -- they're -- each of our passes have an actual
tracking number on it, so we're going to track those numbers to
determine the usage when they are used.
CHAIRMAN COYLE: Okay. One additional thought. If you
could arrange to have bus tickets, bus passes, given to those people
who are getting ticketed for running stop -- red lights, you know, get
those people off the streets and on the buses, it would be a lot safer
around here.
MS. ARNOLD: I'll work with the Sheriffs Office on that.
CHAIRMAN COYLE: Okay. Why don't you talk with them
about that. Maybe we can get those people to start riding buses since
they can't stop for red lights.
Commissioner Halas?
COMMISSIONER HALAS: Motion to approve.
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February 9, 2010
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Which one, my motion about giving the
COMMISSIONER HALAS: Both of them.
CHAIRMAN COYLE: Okay. Motion to approve staffs
recommendation to distribute these free passes by Commissioner
Halas, seconded by Commissioner --
COMMISSIONER HALAS: Fiala.
CHAIRMAN COYLE: -- Fiala?
COMMISSIONER HALAS: Yes.
CHAIRMAN COYLE: Any further discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Okay. We have--
MS. ARNOLD: Thank you, Commissioners.
CHAIRMAN COYLE: It passes 4-1, with Commissioner
Henning dissenting.
Item #11
PUBLIC COMMENTS ON GENERAL TOPICS
MR. OCHS: Now we move to Item 11, sir, public comment on
general topics.
CHAIRMAN COYLE: Okay. Is there any public comment?
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February 9, 2010
MS. FILSON: No, sir.
CHAIRMAN COYLE: Okay. We have no public comment.
Now we go to 12A?
Item #12A
AGREEMENT BETWEEN COLLIER COUNTY AND
PHYSICIAN LED AREA NETWORK (PLAN) FOR THE
COUNTY ATTORNEY'S OFFICE TO PROVIDE DEFENSE FOR
PLAN IN THE LAWSUIT STYLED DEBORAH DAHLMANNS V.
PLAN AND MARCY KRUMBINE, CASE NO. 09-7915-CA-
APPROVED
MR. OCHS: Yes, sir. That's approval of agreement between
Collier County and Physician Led Area Network, PLAN, for the
Collier -- excuse me -- the County Attorney's Office to provide
defense for PLAN in the lawsuit styled Deborah Dahlmanns versus
PLAN and Marcy Krumbine. And this item was moved at
Commissioner Henning's request and also Commissioner Fiala's
request.
MR. KLATZKOW: And I have very, very short presentation.
CHAIRMAN COYLE: Okay. You have three minutes.
MR. KLATZKOW: I need less time than that.
Leo, if can you give me a hand.
MR.OCHS: Yes, sir.
MR. KLA TZKOW: There is a -- currently a pending litigation.
The pending litigation is brought by a former employee of PLAN
against the Physician's Led Access Network and Marcy Krumbine.
There are three claims, two of them against Marcy, which are not
the subject of this discussion, and one against PLAN, which is breach
of contract.
The breach of contract is as follows: There was a -- what is
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February 9, 2010
purported to be a letter agreement by PLAN, signed by Marcy
Krumbine, which purports to layout an employment arrangement
between PLAN and a Deborah Dahlmanns.
There came a point in time where, for whatever reason, Ms.
Dahlmanns's services were no longer wanted, and she was terminated
by PLAN in a letter signed by Marcy Krumbine.
During all relevant periods, Marcy Krumbine was the chairman
of PLAN.
The employee has stated that the termination was wrongful and is
seeking damages for the, in essence, breach of contract against PLAN.
The reason that my office is getting involved in this is because of
the role of Marcy Krumbine as the chairman in PLAN. Marcy
Krumbine, as you know, is our director of Housing and Human
Resources. These are some of the emails that I pulled dealing with
Marcy and PLAN.
I really cannot separate her role as the director of Housing and as
chairman of PLAN. She was operating PLAN through the county
offices on county time, using county computers. It's a very unusual
circumstance so that I don't think this will set any precedent for any
other charitable organizations out there.
But at the end of the day, we're involved whether we like it or
not, and PLAN has asked that my office provide them legal
representation. And provided that, you know, there are no conflicts --
and at this point in time I see no conflicts -- if it is the board's desire,
we will be happy to step into the breach.
PLAN serves a very valuable role to the community bringing
services to the indigent. Doctors basically are donating their time to
provide these services, and any monies that they might have -- and I'm
not even sure they have any monies for this -- are better served going
towards the indigent.
CHAIRMAN COYLE: Okay, thank you.
Commissioner Henning?
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February 9, 2010
MR. KLA TZKOW: So what's the difference between Collier
County Housing Authority and PLAN? They still provide a service.
My question to the county manager, if one of your employees, or
-- I mean, and in this case, working for a not-for-profit on -- in the
county, is that part of our job description?
MR. OCHS: Commissioner, I will put up here the job
classification for the position of Housing and Human Services
director. There is a reference under the essential functions of the job.
The third page of that listing of such essential functions reads -- in part
here it says, continue to collaborate with the Physician Led Access
Network, PLAN, to ensure success of the physician-donated services
as part of the safety net for healthcare services for the uninsured.
And it goes on to say also, implement health information
technology grant with PLAN, local clinics, and hospitals for the
sharing of patient data and information.
So in answer to your question, the job description did not require
that Ms. Krumbine operate as a member of the board or as chairman of
the board, but it certainly did indicate that she was to work
collaboratively with that organization. And I believe that, in good
faith, she stepped in and was trying to help that organization succeed,
in this particular case, stepping up and serving as a member of the
board in the executive committee in this recruitment.
COMMISSIONER HENNING: Is the requirements to hire and
fire employees of PLAN?
MR. OCHS: I believe that that was a delegated responsibility
and authority that came out of the PLAN board of directors. And I'm
going to turn to Mr. Klatzkow. I don't want to get into the legal
interpretation, sir. But my understanding of what I've read is that
there was a three-member executive committee that was authorized by
the PLAN board to go out and recruit and retain an executive director
for the organization.
COMMISSIONER HENNING: Well, you know, I guess my
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concern is what we're -- it is setting -- precedent setting because you're
saying to all the employees, if you belong to a not-for-profit and get in
trouble, we'll -- we will defend you, or we'll be behind you. And that
is a not-for-profit organization. No different if an employee was a
deacon in a church and somebody got hurt in a church, that deacon
would be sued as part of the church.
And we have so many organizations in Collier County that does
good for the county. Depends on your aspect of what they do. We
can't be all to all, and we should not be because we're using tax
dollars; as Commissioner Halas would say, limited tax dollars. And
we're getting out of the realm of our goals and missions. It's plain and
simple.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Yes. I take a different tack on this,
and that is, that in -- the PLAN works with all of the people that
Marcy is striving to help, and that's why we have supported her efforts
in that cause.
Possibly -- possibly her chairmanship could have done -- been
addressed a little bit differently, but I don't think she ever thought that
there was a problem at the time or she wouldn't have done that.
I believe that since then she's dropped off that board; is that the
case?
MR. OCHS: Yes, ma'am. Yes, ma'am.
MR. KLA TZKOW: From my understanding, yes, ma'am.
COMMISSIONER FIALA: Yes. So I wanted -- that was the
reason that I wanted to pull it was just to state that for the record. She
wanted to make sure that there was no conflict of interest. And being
that there was even a hint of it or even thought -- people would think
that, she wanted to make sure to drop off.
But in this case, I -- I believe that our county attorney should
support PLAN. This is money that could be going to people who have
health problems who need this organization, and I don't think we
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February 9, 2010
should stop it. I think that we have to do everything that we can to
support their efforts but make sure we do it legally and within our
powers.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you.
The -- I got to -- the way I feel about this is that PLAN is an
exception to the rule. Commissioner Henning's right, we can't be
everything to every organization out there that's nonprofit; however,
PLAN is a nonprofit that has been created under -- indirectly under the
Collier County Commission that's been before us many times. We've
endorsed them. We've made their legislative objectives part of ours in
the past. There's many issues here that marries us to this particular
thing. We could see a public benefit, and it's the right of this
commission to be able to make judgment calls of a public benefit one
way and possibly not the other way.
In the case of PLAN and to try to keep it going forward, I totally
endorse this agenda item.
CHAIRMAN COYLE: Thank you.
Commissioner Halas?
COMMISSIONER HALAS: This PLAN group has an awful lot
of visibility even up in Washington, D.C., because they see that the
medical health that is needed for the people who are not as fortunate
as we are, is working, and it's working very favorably and it's cost
effective. It keeps people out of the emergency rooms and, therefore,
I think that Marcy Krumback (sic) worked -- was the chair and she
had the support of the board in the direction that she moved, and I,
therefore, think that we need to support her.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: Did the Board of County
Commissioners create PLAN?
MR. KLA TZKOW: No.
COMMISSIONER HENNING: So that was a misstatement. We
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February 9, 2010
did not create a not-for-profit organization, just so the public knows.
CHAIRMAN COYLE: Okay. Now, I'd like to make a statement
concerning this.
Marcy Krumbine was apparently performing in this position as
the chairman of the board of this organization with the knowledge of
her employer --
MR. OCHS: Yes, sir.
CHAIRMAN COYLE: -- the county manager or county
government. I do not think we need to hang her out to dry. She does
good work, she helped PLAN do a lot of good things, and her efforts
were oriented toward benefiting the people of the community.
Having said that, it's my very, very strong feeling that under no
circumstances should we ever have a government employee working
for a govern- -- organization that also accepts and spends government
grants.
You can't work on both sides of this issue. In my opinion, it is
unethical to do so. But in talking with county attorney, there is no
specific prohibition that people can't do that. But I think there should
be a prohibition. You just simply leave open the opportunity for
people to imagine improprieties that don't even exist, but we shouldn't
even go that far.
There is no need for an organization to have a government
employee working in their organization, either as a board member or
in any other capacity, if they're responsible for making grants to that
organization and spending the money that they themselves helped
approved. It's just bad policy. We shouldn't ever have it -- happen
again. And I would strongly urge that the county attorney draft
appropriate language that would prohibit that sort of thing in the
future.
But we should defend Marcy Krumbine -- defend the county
against any lawsuit associated with this.
MR. KLATZKOW: We're defending PLAN. Marcy Krumbine
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February 9, 2010
is defended by separate counsel.
CHAIRMAN COYLE: Okay, very well. Then is there a motion
to that effect?
COMMISSIONER FIALA: Yes.
CHAIRMAN COYLE: We have two -- wait a minute. I'm sorry.
We have two --
MS. FILSON: Three.
CHAIRMAN COYLE: Three speakers, okay.
MS. FILSON: The first one is Margaret Eadington.
CHAIRMAN COYLE: You may waive if you want.
MS. EADINGTON: I'll waive, as I have spoken to you prior to
this.
CHAIRMAN COYLE: Okay.
MS. FILSON: The next one is Dr. Joan Colfer.
DR. COLFER: And I'll also waive my testimony. Thank you.
CHAIRMAN COYLE: Okay. Thank you.
MS. FILSON: And the third one is Damian Taylor.
MR. T AYLOR: I'll waive as well. Thank you.
CHAIRMAN COYLE: Thank you very much, Mr. Taylor.
And with that, there -- is there a motion?
COMMISSIONER FIALA: Yes, I'd like to make a motion -- by
the way, you hit the nail right on the head when you said that. You're
absolutely right, and I think that's the crux of everything that I was
thinking as well.
Yes, I make a motion that we approve the agreement to provide a
defense for PLAN that authorizes the Office of the County Attorney to
defend PLAN in the lawsuit now pending in the circuit court.
MR. KLA TZKOW: And do you declare that there is a public
purpose to this, ma'am?
COMMISSIONER FIALA: And that there is a public purpose.
And also I'd like to add to that that we ask you, County Attorney, and
the county manager, to draft up some type of a resolution that none of
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February 9, 2010
our employees will ever serve on a board, any other boards outside of
the county that then asks the county for money or applies for grants
and then approves grants.
MR. OCHS: Yes, ma'am.
COMMISSIONER FIALA: Thank you.
COMMISSIONER HALAS: I'll second that motion.
CHAIRMAN COYLE: Okay. Motion by Commissioner Fiala,
seconded by Commissioner Halas.
Any further discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Okay. It passes 4-1, with Commissioner
Henning dissenting.
Thank you very much, County Attorney.
MR. KLA TZKOW: Thank you.
CHAIRMAN COYLE: And that brings us to the end, right?
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Yes, sir. You have staff and commission general
communications.
CHAIRMAN COYLE: Do you have any general
communications --
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February 9, 2010
MR. OCHS: No, sir, I do not.
CHAIRMAN COYLE: -- County Manager? Okay.
County Attorney, do you have any communications?
MR. KLATZKOW: No, sir.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: Yeah. The -- in the Naples -- or
in the newspaper there was an article about the restoration on, I
believe it was the Picayune and stating that the federal government
does not have to get county permits to do work, restoration work, and
I just find that totally amazing where we have jurisdiction all over the
county, and even our own departments have to get environmental
permits but big government doesn't have to get permits? Somebody
needs to explain that to me. We have to get federal permits to do
work in our county . We have to go -- get state permits to do work in
our county, right?
MR. KLA TZKOW: There's a federal statute that exempts them
from getting local permits in matters such as this, and under the
Constitution Supremacy Clause, there's nothing we can do about it.
COMMISSIONER HENNING: Well, why don't we put in--
why don't we put in our rules and regulations that we don't have to get
federal permits or we don't have to get state permits?
MR. KLATZKOW: It all flows downhill, sir.
COMMISSIONER HENNING: Well, down here is local, you
see? And just because some people have it wrong, it is the people. It's
not the big, fat government, federal government, and they don't have
jurisdiction. Where is the state's -- state's rights in this issue, on all
issues? It's just wrong. It is absolutely wrong for those people, those
bureaucrats up there, to tell us what they're going to do. I've said
enough.
CHAIRMAN COYLE: My sentiments exactly. And it also
applies to Tallahassee.
COMMISSIONER HENNING: That's all I have.
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February 9, 2010
CHAIRMAN COYLE: Okay. Thank you very much.
Commissioner Coletta?
COMMISSIONER COLETTA: And I was going to make a
comment on that, but I'm not going to. I'm going to go right to my
item so I don't lose it here.
Back on Wednesday, the 27th of January, I took a delegation
from Collier County over to Miami to see how they run their
permitting section. This is something I've been talking about for a
long time, looking forward to that day that we'd be able to get to the
point that we're automated with the idea being that if we get to the
point we're automated, when that time that we get the rebound in the
economy, we might have it set up in such a way where we won't have
to bring in hundreds of employees again to be able to shuffle paper
back and forth.
Well, over there, went with me was Nick Casalanguida, along
with members of the staff, members of the CBIA, had a member from
the Collier County Planning Commission, and from the clerk's office I
developed a working friendship with Bob St. Cyr; am I pronouncing it
right?
COMMISSIONER FIALA: St. Cyr.
COMMISSIONER HALAS: St. Cyr.
COMMISSIONER COLETTA: And the gentleman has been
extremely helpful, and he's very knowledgeable about web designs
and the Internet.
We went over there, and it was quite an eye-opener, and what I'd
like to do is have Nick Casalanguida come up here and tell you a little
bit about it. And we're going to be having a more detailed report.
There is some tremendous spinoff that's coming from this particular
meeting.
Now, Nick has already had an initiative underway to make the
permitting department more user friendly before we went over there,
but I think he got some even newer directions from that.
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February 9, 2010
Nick?
MR. CASALANGUIDA: Sure. For the record, Nick
Casalanguida, your Interim Administrator for Community
Development. It was interesting. The industry pulled together with us
to kind of look at some of the different things that go on around us, not
only in Miami-Dade, which we visited, but Lee County, Sarasota
County as well, too.
It was interesting to look at their intake process. We reviewed
what they do as kind ofthe one-stop shop, and that's the direction the
county manager has asked us to proceed as well, too, provide all the
permitting resources in one building.
Their customer service, the way they do their customer service as
well. They speak with one voice and they own the customer from
beginning to end through their problems, as well as transparency and
metrics, so we looked at a lot of different things.
Their technology is a little bit ahead of ours. They have their
own IT department in-house with the building department, but we are
looking at electronic submittals, electronic plan review as well.
I think to touch on what the commissioner had said, the only way
we can catch this next wave up is if we're more efficient. By using
electronic submittal, electronic plan review, we can take away a little
bit of that going up, and that's the next thing we're working on as well.
Some of the commissioners have asked us to empower our staff.
We put together what we call an issue team, when something comes
in, get a discipline from each one of the subdirectors, I would say, that
works together to resolve them, so the communication is much better
as well.
But out of this meeting really came what the industry has asked
us to do is partner with them. David Aldridge from CBIA, DSAC,
we've invited him to our intake process management review as well,
and they've actually given us good input.
We've taken all their recommendations in, and staff said, makes
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February 9, 2010
sense. So you're going to see a new intake process that comes in that's
-- that comes from not only the stakeholders, but from staff and from
the County Manager's Office through Kim Grant. So a lot of
interesting things are happening.
COMMISSIONER COLETTA: Nick, tell them about the sign
they have in the entranceway when you go into the building.
MR. CASALANGUIDA: Yeah. I wanted to get that picture
here, Commissioner. It came on a cell phone that was taken, so it was
really blurry. But they have a big sign when you come in that talks
about customer service being their highest priority.
One of our managers said, why don't we change the name of our
front area to the business center, and we liked that, so we're going to
incorporate a business moti f with a customer service motif in there as
well, too.
And I'll be honest with you. We received -- I sent an email to the
county manager this morning -- probably 20 letters from folks that do
quite a bit of business with us that have said, things are noticeably
different down there, and they appreciate everything we're doing for
them, so we're heading in the right direction.
COMMISSIONER COLETTA: And speaking of the positive
feedback, go ahead and give them a little bit of enlightenment about
the questionnaire that they provide for everyone that comes in through
the door.
MR. CASALANGUIDA: Sure. They have a customer service
area. It's similar to almost the one we have, but it's much more
detailed. But they rank each almost action that they take and ask you
to follow up and rate it on like a one-to-five scale, the way you're
greeted, they way you're responded, the timing. We have something
similar, and we're going to model our customer service survey like
that as well, too.
We want to go to a secret shopper initiative, too, to have some
folks that don't -- necessarily aren't known by our staff to come in and
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February 9, 2010
kind of do a test on us and kind of report back to us that way as well,
too, because they take that upon themselves. It's risky but, you know,
transparency is the way to go, so that's where we're going.
COMMISSIONER COLETTA: Thank you, Nick.
MR. CASALANGUIDA: You're welcome.
COMMISSIONER FIALA: Can I ask a question?
MR. CASALANGUIDA: Sure.
COMMISSIONER FIALA: As you're moving forward -- this
sounds exciting and I'm thrilled to hear that you're doing this. One of
the -- one of the problem -- one of the stumbling blocks we sometimes
have in all of this permitting and approval on everything is with the
fire marshal and so forth. Can you include them in on this so that you
can have a cohesive working effort between all elements, even outside
ofCDES?
MR. CASALANGUIDA: I would love to. That is our biggest
challenge. The county manager and I met with some folks that have
done some recent permitting with us, and they pointed out, that had a
million dollars in overruns in their project primarily due to fire review.
I don't control them.
And one of the actions I've said is, I want to do so well with what
we do that it puts a spotlight on them. So I think we're going to work
with Ed Reilly and his group to bring that up. I have no jurisdiction
over them, so the best I can do is through communication, and maybe
by example show them what we're doing, and hopefully they'll follow
with us.
COMMISSIONER FIALA: Well, have you -- have you invited
maybe some of the fire commissioners in to meet with you and discuss
with them? Because they have jurisdiction over what's going on there,
and once you get them on board, you know, they'll get everybody else
onboard.
MR. CASALANGUIDA: Actually, what we've discussed with
the building industry is to exactly do that, bring -- there was always
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February 9, 2010
that fear of retribution, if one agency came up. And I said, if we come
in as a group and speak as one voice, both from our end in Community
Development and the building industry and we layout what our issues
are, we think that that's the next step. So I think we'll be taking you up
on that comment.
COMMISSIONER FIALA: Great. If I can assist you in any
way, please let me know.
MR. CASALANGUIDA: Last comment I'll make is it's not a
single-person effort. Please don't -- if, you know, in the next six
months you see things happening, it's a unified effort. The County
Manager's Office has provided support, human resources has provided
support. Everybody's really stepping up to kind of participate in what
we're doing.
COMMISSIONER HENNING: Good.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: Yes. Ijust want to kind of reiterate
on a comment made by two commissioners here that are upset about
big government and about things that go on in Tallahassee. With the
experience that you two individuals have, it would be great if you
probably ran for a position up in Tallahassee or even in Washington,
D.C.
And obviously, with your background, you could make a big
change. And all it takes is time and effort. And people who sit and
make comments about government in general, you need to get
involved. And you've got the experience. We need to make sure that
we get the right people there. And the people with experience in
government, they're the people that need to step up and move up to the
next ladder.
We find that we don't have enough people that have the
experience in government that want to move up to the next echelon,
and so we, there -- then for (sic), turn it over to citizens who have no
idea how local government works. And when they go up to
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February 9, 2010
Tallahassee or Washington, they make some terrible blunders in
regards to what really needs to be taken care of in this -- in this nation.
CHAIRMAN COYLE: And I'm going to call on Commissioner
Henning, but --
COMMISSIONER HENNING: I need to respond to that. And I
request, Mr. Halas, that you apologize. The -- you know, the issue
was --
COMMISSIONER HALAS: Apologize for what, sir?
COMMISSIONER HENNING: The issue was --
CHAIRMAN COYLE: Okay. Wait a minute.
COMMISSIONER HENNING: -- is an issue that deals under
our jurisdiction. And the -- and another government agency says they
don't have to do what they're doing.
The people elected me to serve them and also to create law and
ordinances, and our laws and ordinances state that all shall get
permits.
And I am appalled by your comment. I'm not stepping down
from my position to run for higher office, and it never was my intent.
You owe us an apology for that statement.
CHAIRMAN COYLE: I was one ofthe other commissioners
who did that, and I took it as a compliment, I really did. He's
absolutely right. We need people who are experienced up there, and
most of the people we've got up there have no experience at the local
area, and that's --
COMMISSIONER HENNING: I have confidence in our two
Congressmen up in Washington, D.C.
CHAIRMAN COYLE: Okay. All right. Very well.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. I have two items that I would
like to discuss with you today. The first one is, I would like to ask if
you would consider bringing back to this board the subject of
requiring Dr. Tober to recertify the ALS engine program, paramedics
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February 9, 2010
and EMTs, with a standardized test within a certain time frame, say
one month or something.
I'm not going to go into it any further but to say, when lives are
affected by this -- and I don't want to comment any further on that.
CHAIRMAN COYLE: Okay.
COMMISSIONER FIALA: We need to get this thing back on
the road, and he is our employee. And tell him that we want him to
recertify -- and I say standardized test; same as he gives to everybody
else in EMS -- I don't think we can move forward, and it's our
responsibility. That's my first item.
CHAIRMAN COYLE: Okay. Do you want me to respond to
that?
COMMISSIONER FIALA: You can. Can we bring it back?
CHAIRMAN COYLE: Well, I think we can and we should, but I
mean, we shouldn't do so until we get the report from the Blue Ribbon
Committee. We have a Blue Ribbon Committee that has members of
-- highly respected members of the public who have no agenda other
than to help resolve that problem.
They have been talking with the fire commissioners and
representatives of the fire districts, representatives of the labor unions.
They've talked with Dr. Tober. They've talked with emergency room
doctors. They have spent three months collecting information.
They had promised me that they would make their report to the
Board of County Commissioners in February. So I think they're--
they're going to be reporting to us very quickly, and I think we need to
have their input before we make a final decision on that.
So if -- the answer to your question is, I would be happy to
support it, but it's already going to happen, and at that time we'll have
more information and a list of recommendations from people who
have been -- who've studied it for three months to work with.
COMMISSIONER FIALA: Okay.
CHAIRMAN COYLE: Okay. Will that be all right?
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February 9, 2010
COMMISSIONER FIALA: And then I can bring it up at that
time if --
CHAIRMAN COYLE: Absolutely, yeah.
COMMISSIONER FIALA: -- if their report -- unless their report
already says to do that.
CHAIRMAN COYLE: That's right. And if their report doesn't
cover all of the things that we want to cover, then we can schedule
another meeting to concentrate on those issues if you'd like.
COMMISSIONER FIALA: I think that we're kind of at fault too
because we've let it languish too long, and so we need to step up to the
plate.
CHAIRMAN COYLE: Well, we've had to get the facts. I mean,
this is not as simple as certifying them. He can certify them
tomorrow. The issue is, how do you keep them certified and how do
you make sure that they are maintaining their skills at the highest
possible level? That is a complex process that --
COMMISSIONER FIALA: Right.
CHAIRMAN COYLE: -- has avoided a solution for a long time,
and it is not just our fault.
COMMISSIONER FIALA: Right--
CHAIRMAN COYLE: Okay.
COMMISSIONER FIALA: -- absolutely. And it baffles me
sometimes how -- why he can work in the emergency room at the
hospital as a certified paramedic, and the next day he's decertified
when he works at a fire department. So it baffles me, but we'll discuss
that at the time. This is not the time nor place because it's not a
noticed thing on the agenda.
CHAIRMAN COYLE: That's right.
COMMISSIONER FIALA: The other thing that I wanted to talk
about is the red light camera ordinance. And we've had some -- as
you well known, we've had some -- a lot of people -- I want to say the
right words here -- complaining possibly or noting that there are some
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February 9,2010
problems with our red light camera issues.
One of the things that I noticed was especially right on red. Now
-- and I'm going to just talk about my street, but this, I think, includes
every street in Collier County. When you pull up to the light and you
have a white line and you're going to turn right on red -- and I live in
Lakewood -- so I'm going to turn right on red. I don't even have a
camera there. But I'll tell you something, we have a lot of walkers and
bikers here in East Naples. I can't see if anybody's coming because
the guy next to me in the left-hand lane blocks my view. But if I pull
up in order to be able to see what's coming across, then I would trip
the camera if we had a camera there.
So -- and I think a lot of times people are only trying to get a
better view, a better vision of what is going on on the left-hand side.
So possibly one that we might be able to do is just modify our lines
somehow, the white line, so that the left-hand turn lane is 2 feet back
so that the guy turning right is able to see what kind of -- not only
traffic but pedestrians and bikers are coming along the way.
I don't know if that can be done and if it can be done easily, but I
think that that would then allow people turning right on red the
opportunity to see where they're going rather than stopping, waiting
three seconds, pulling up to still see -- because they still can't see
where they're going until they get past the guy that's in the left-hand
turn lane.
Would you think of considering to bring that back and asking our
Transportation Department to possibly -- I don't know what you call
those white lines -- but adjust them.
CHAIRMAN COYLE: The white line is the stop line, and the
other lines are the pedestrian crossings. And I think you'll find that in
most cases, people are not ticketed for doing what you've suggested
they do. So the problem is people who don't stop at either line, and
that's the problem.
Let me tell you that I am personally familiar with a fatal accident
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February 9, 2010
that occurred because a car pulled into the cross -- the pedestrian
crossing. There was an elderly gentleman on a bicycle who was
coming across there. This person -- driver of the car could not see.
They pulled out into the bicycle lane and pedestrian crossing, and the
elderly gentleman ran into their car, fell off the bike, hit his head and
had died. Now, nobody should be in such a hurry that they cannot
ease out into that area and look both ways and be very careful.
COMMISSIONER FIALA: Right.
CHAIRMAN COYLE: And under those circumstances, they're
not going to get a ticket. And I think the officer is here to tell us what
the procedures are.
COMMISSIONER FIALA: Easing out, you mean just easing out
so they can see or easing out after they've come to a stop and then
easing out; is that what you're trying to say?
CHAIRMAN COYLE: Well, the important thing is to come to a
stop, not just drive up and then make a rolling turn to the right. But I
think that a lot of stories that we hear about people getting traffic
tickets for not stopping on red are not as accurate as we would like to
think they are, and I think the person who can tell us is the officer who
reviews these things. And I don't know -- I'm sorry, Commissioner
Halas, you --
COMMISSIONER HALAS: Yep.
CHAIRMAN COYLE: -- wanted to speak, and I took all your
time.
COMMISSIONER HALAS: No, that's okay.
The problem is, people have gotten in the habit of not even
stopping at stop signs to make a right-hand turn and going into major
thoroughfares, and I think that's carried over to intersections that we
now have cameras at.
I drive a lot of our roads, and I find that as I drive down major
roads, where there are other roads that are intersecting with them and
there are stop signs, people don't even -- they totally ignore the stop
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February 9, 2010
signs, and I think the habit has carried over, and now we find out that
we have a real serious problem in regards to people not obeying the
law.
Before I go any farther, all of us are charged as commissioners to
uphold the state Constitution and all of the laws of the State of Florida.
And what took place is that the sheriff, because of the drastic cutbacks
through all the county government, the sheriff came to us and said,
I've got a serious problem and it's out of control. I need your help, and
that was, would we come up with an ordinance in regards to red light
cameras.
And we said, yes, because the sheriff said, this is endangering
life, limb, and property. And being a commissioner, that's the oath
that we take, and I believe the police officer does at the time.
But I'd like to introduce Lieutenant Minch, and I think that he can
offer some light in regards to this ongoing problem, and it seems to be
the people who get ticketed -- and then when he gets done, the
lieutenant gets done, I've got a question to ask Norm Feder in regards
to where we place signs that say, stop here, okay.
LT. MINCH: Good morning. Let me first say that the sheriff
wished to be here himself, but Sheriff Rambosk is at the winter FSA
meeting, Florida Sheriffs Association, and couldn't be, which is why
I'm here in his stead.
Lieutenant Harold Minch, for the record, from the Collier County
Sheriffs Office, special operations.
A quick look at the facts of what goes on here, I think, would
relieve everybody's tension a little bit. What happens is, when we pull
up to an intersection, the Florida State Statute in all 50 states are very
clear, you must first stop at the stop line. You are then allowed and
need to, at almost every intersection, ease up to look and make sure
you go. Red light simply means this: When faced with a steady red
signal, you must stop. It's what all the statutes say almost verbatim
around the country.
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February 9, 2010
Once you stop, if you are going right, there are some decisions to
make. If you're going left or straight, you have to wait till you get a
green light or a green arrow.
When you're going right, it is permitted to make a right turn on
red unless prohibited by sign, or in the case of New York City,
prohibited by law. And there's a couple cities like that; ours isn't one
of them. But if it's prohibited by sign, you can't do it. And that sign is
very clear in this county. In most places we have two. In most places
they are also lighted. We go out of our way here to err on the side of
caution for that, and the Transportation Division has done a
tremendous job. Anytime we ask for more signage, we get it.
So once you stop at the stop line or stop bar, whichever you wish
to call it, you can clear pedestrians and so forth. And as
Commissioner Fiala has noted, sometimes the person next to you
either pulls up farther or is just driving a bigger car. I happen to drive
a jeep, so I'm always up high. I drive a truck when I'm at work.
But if you're driving a Miata, you can't see over the fender.
That's when you get to ease up; however, where the mistake is made is
you can never do that prior to making a stop. Now, you need not wait
any amount of time. You just have to come to a stop. More words are
not necessary. It confuses. That's why stop signs just say stop. That's
all you have to do. Then you may proceed once you have the
right-of-way.
You can't determine that unless you stop, look, and make your
decisions. And that's the reason we have the problem we do is
because people are in a hurry and they think they can make those
decisions, which is where the person on the bicycle had the problem;
somebody pulled up too far and he ran into the side of him. He
violated that bicycle's right-of-way by pulling into that crosswalk, and
you end up with a crash. We're having that problem here.
I think what we all need to remember is we have no issue if
everybody stops. And let me also add that upon review of everything
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February 9, 2010
-- and this is another -- the facts will help everybody out to feel better.
When reviewing, a couple of things happen. They get reviewed
in Arizona, which is another issue some people don't care for;
however, they're carefully reviewed, and we only get violations to
review here that have already been reviewed by three other people.
So we're the fourth person to look at it.
What we do is we view it, and if you stop anywhere in the arc of
the turn, we don't write citations for people that pull across the
crosswalk with red light cameras.
I will tell you if I'm standing there as a deputy sheriff, you
possibly will get one for $228 and three points, especially if you have
clearly violated somebody's right-of-way, ifthere's a pedestrian, if
there's a bicycle and you pull in there; however, with the red light
cameras, the magistrate kind of gave us a ruling on this and set
precedent, if you will, that she -- if they stop anywhere in the arc of
the turn, if they pull past the stop bar, if they pull into the crosswalk
and they don't violate anybody's right-of-way, there's no pedestrians or
people present and they have looked and they stop, we do not issue
those people citations.
So I can assure the commissioners and the citizens of this county
that we are taking great pains to care for their rights. We're not
attempting to do anything other than promote safety at those
intersections. And it clearly violates the state law to pull across the
stop bar or the crosswalks. And we are not issuing citations. We're not
even reviewing those anymore. Those are getting called out of the
herd out in Arizona. So we don't even see those to save time here
locally.
So I can assure you that the sheriffs function in this is purely to
save people that are in those intersections, and it's a very dangerous
crash when you get hit in the driver's door by a vehicle doing 45 or
better. That's the weakest part of your car, so it is very dangerous to
pull out like that and get into that traffic.
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I hope that helps some.
CHAIRMAN COYLE: Commissioner Halas -- I mean Fiala,
were you finished?
COMMISSIONER FIALA: I had some more questions, but
that's okay. Go ahead, unless I can just ask Harold a couple things; do
you mind?
CHAIRMAN COYLE: Well, sure you can.
COMMISSIONER FIALA: Okay. Have the number of tickets
reduced since we first started ticketing people?
LT. MINCH: It's very difficult to say whether or not they've
reduced, and here's why. We started in April oflast year with a
60-day runup with warnings. In June we put two cameras in at Pine
Ridge and Airport, slowest months of the year, June, July, and August,
for us. Came around in September and October and installed the rest
of the 12 we currently have. By the time they were installed we were
hitting season, and we're still in high season. So I think it would be
premature to say they've come down because our traffic has fluctuated
so much, and because it's very difficult to gauge how many people
have come back this season. Until after we see the receipts at the end
of season, we really don't know how much our traffic has increased.
I can tell you that anecdotally, people are stopping better. There
is no doubt about that. And I can also say that it has not been brought
to my attention, and I believe the same is of transportation, that we've
had a single crash attributed to these.
COMMISSIONER FIALA: Well, that was my next question.
Have the accidents been reduced be- -- if you want to put the blame on
the cameras, have the -- or the credit to the cameras, have the
accidents been reduced?
LT. MINCH: Very difficult to say. As I was talking to Mr.
Ahmad, engineers and traffic folks, transportation folks, typically like
three years of data, especially from places that fluctuate in times of
economic change, to look at that, and statistically our crash rates at
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individual intersections are typically not statistically significant.
They're very small numbers. So we really want to look at the same
roadway in the same network over portions of time, and because, as
you're extremely aware, we've built some roads here and put some
lanes down in the last couple of years, so our traffic has changed and
our patterns have changed.
Now we kind of have a time where that will be the same for a
little while. But to take one quick shot of data would probably show
overwhelmingly that they're working; however, I think that would be
unfair and statistically not proper to take a snapshot like that without
looking at it over a greater deal of time to determine whether or not it's
attributable to the cameras or not.
COMMISSIONER FIALA: So as far as we can tell, the tickets
haven't been reduced nor we don't know if the accidents have been
reduced.
How about -- I've had a number of people ask me, are these
citations legal? Now, I realize the Sheriffs Office is involved in it, so
they would have to be, but I need on the record to have you tell me if
these are legal, these citations. And then -- and also what happens if
somebody does not pay that citation.
LT. MINCH: All right. The first question I can answer. I am
not an attorney, and I'm not -- I'm happy about that. It is my opinion
as a deputy sheriff and from what I know that it is perfectly legal for
you to issue code violations for this offense in this county at this time.
There is absolutely nothing illegal about that process.
COMMISSIONER FIALA: Okay. And then the other question
was, what happens if you don't pay the ticket.
L T. MINCH: I don't know. The Sheriffs Office is not i any way
involved in any of the payments, receipts, or any of that.
COMMISSIONER FIALA: Looks like Norman's getting up.
LT. MINCH: Uh-oh.
MR. FEDER: For the record, Norman Feder, transportation
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administrator.
Commissioner, first of all, there's a couple of things. We do have
a collection agency component of the contract, and we pursue that. If
individuals do have residence down here, there's also a provision that
other permits in your ordinance, provides that other permits, beach
parking permits, other things, not be issued until that citation is paid.
We have a lot of provisions. Obviously a lot of rental cars in this
county. So the issue is what -- rental car, use it, go. The fact of the
matter is, most times when you sign a rental agreement, you also sign
that they can use your credit card to pay any outstanding fines or
issues, and that gets addressed in that manner.
We're still working through some of those issues, but I think
there is a provision to collect either through a collection agency,
hopefully by payment if, in fact, it was a valid citation, as the Sheriffs
Office determines.
COMMISSIONER FIALA: Okay. What percentage of tickets
are we issuing for right on red versus straight through and left?
MR. FEDER: About 80 percent of your tickets are right on red.
COMMISSIONER FIALA: Say that again.
MR. FEDER: About 80 percent of your tickets are right on red.
And I think that the sheriff can tell you that even when it was an
officer-written citation, that was pretty much the percentages that were
being addressed in handwritten, but I'll let him touch that.
The other thing is, you are noting the statistics -- and I think the
lieutenant was very, very correct in noting as we've looked at what we
call a review to date -- because we can't call it an analysis -- there's not
a lot of statistical significance to the data.
What is interesting so far though is that the one expected
collateral concern in implementing the cameras was increasing
rear-end accidents. In fact, at least the initial data that we have in
really says the opposite. It hasn't. And in comparing full intersections
-- remember, not all of the legs or approaches are under camera
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February 9, 2010
operation -- but in comparing those camera intersections with other
major intersections in the county, actually -- at least initial data. I
won't say statistically significant -- but initial data shows that they're
going up in rear-ends at the non-camera locations a little bit as
opposed to going down a little bit at the camera locations.
COMMISSIONER FIALA: Did you say -- did you just say not
all phases of that intersection, not --
MR. FEDER: No, I did not --
COMMISSIONER FIALA: -- all turns on the intersection have a
camera, only -- in other words --
MR. FEDER: No, approaches. And understand this, four--
typically -- I mean, this is something different. But typically four
approaches to an intersection. The approach has different movements.
So I think what you're asking is, are all movements, the left, the
throughs, and the rights covered.
COMMISSIONER FIALA: Right.
MR. FEDER: At every approach all movements are covered.
COMMISSIONER FIALA: Okay. And--
MR. FEDER: But I do not have, at a four-legged intersection,
for instance, all four legs or approaches to that intersection with
camera coverage of all the movements.
COMMISSIONER FIALA: Because initially we only had --
some of them with just right on red and we didn't have anything on the
left, which is the dangerous one.
But my last question -- I don't want to hog this anymore. But
we've had many complaints and we've heard -- you know, heard from
people who are saying the cameras aren't working or -- like for
instance, Pine Ridge and Airport, on the left-hand turn lanes or they're
malfunctioning and, you know, just going off even when their cars
aren't going. What are we doing about --
MR. FEDER: Specifically, you've got a feature -- since we did
not allow the cameras to go directly into our cabinets nor tied directly
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February 9, 2010
to our signal equipment, they've got a provision that allows them,
particularly at night, to detect when the light is changed. That
provision malfunctioned at Livingston and Immokalee and also, to a
degree, at Airport and Immokalee.
We first note that nobody would get a ticket on the basis of any
malfunction of that activity, it was basically at night, because all are
reviewed first by the vendor, and particularly by the Sheriffs Office.
So that wouldn't result in a ticket. That's first.
Second of all, we've told the vendor that in the future, we see any
area of malfunction, we are going to turn off the power to that camera
and then allow them to fix it and only put it back in operation once it's
fixed. So we won't have the three or four days of that strobe-light
effect that we had at that location.
CHAIRMAN COYLE: Okay, thank you.
Commissioner Henning?
COMMISSIONER HENNING: Why don't we just do away with
the cameras?
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: First of all, as I stated earlier, we
don't have the manpower to take care of this. And obviously the
sheriff came before us and said, we've got a problem in this
community and we need support.
And that's why we decided that we needed to address this
concern. It's been a concern of mine for a long time for the amount of
people that have been running red lights. And the sheriff brought this
forward.
And as I said earlier, we're here to protect the citizens. And I
think that this is all going to be a moot point when we go through this
legislative session.
And I'm going to turn back to Lt. Minch again in regards to this.
I think that there's something that's on the books. And if you could
show us some pic- -- if you have any pictures there of how far you
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February 9, 2010
stretch the law on this red on right (sic), I'd negotiate that. And I think
maybe the people from Wink News that have generated a lot of this
concern about the flashing of strobe lights and red light cameras --
and, of course, Brent Batten's done a very good job on covering this
issue, too.
So I hope that we can show the citizens that we've really
stretched this law, especially when the lieutenant said something to the
effect that we're not citing people if they don't stop behind the stop bar
but stop in the intersection at some point in that arc. And to me, that's
really stretching the law.
LT. MINCH: Well, it is, and we have to understand that we have
several components of the law. And again, I'm not an attorney, but
I've been a police officer for a long time sitting in this seat watching it
go this way. It's my 23rd year, coming up on 24, and I've been your
traffic lieutenant for nine years in this county.
Magistrates and judges will set the criteria that we enforce the
law within. Legislators make it. We enforce it. They interpret it.
That's how it works. Then you have attorneys that will argue points
before them. That may be very different than what's actually in the
law.
And in this one, what we have is where you stop. And it has
been the custom of folks sometimes to stop further up. And she has
decided -- that's Magistrate Garretson, has decided that that is
something we are going to accept so long as they don't influence
anybody else, and the speed of how they get there is also taken into
account.
There's a lot that goes on in that movement. And, again, we have
to respect what a magistrate will accept as a violation, because we
don't want to bring people to a magistrate that we know is not going to
accept it. That's a waste of time for everybody.
And all communities are setting their own standards there, as
they are with everything else; however, we have to respect that when
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February 9, 2010
faced with a steady red signal, you must stop. That's a state law. As
you said, we all went, I swear to uphold the Constitution of the United
States, State of Laws of Florida, Collier County Government,
yada-yada. We take that very seriously, and Sheriff Rambosk takes
that very seriously.
And I would also submit -- and I say this on the phone every day
to folks -- that it is far better to be reminded that you need to stop on
red for of $62.50 and move forward than it is to be reminded in person
with flashing lights behind your car at $228 with three points against
your license when you also get your insurance bill going up at that
point.
I think this program is far beneficial to those that get that than it
is the other way. And this is a problem that we did address the other
way with $228 citation with three points attached to them.
So I think the benefit for the citizens here is, one, in the safety,
and certainly in the fact that it is far less costly for them to be
reminded of this law that, when they got their license, they were told
of and they almost all signed on for.
CHAIRMAN COYLE: Okay. Thank you.
Commissioner Coletta?
Let me remind you, Commissioners, I'm going to adjourn this
meeting at 12 noon sharp, so if you've got anything more to say about
this, say it now and quickly.
COMMISSIONER COLETTA: Wow, I've got eight minutes.
That's plenty of time.
CHAIRMAN COYLE: No, you don't. Commissioner Fiala has
one more last -- one more shot.
COMMISSIONER COLETTA: I'll save you 30 seconds,
Commissioner.
COMMISSIONER FIALA: All right.
COMMISSIONER COLETTA: Let's talk about this for a
moment. I agree with everything you've been saying down at this end
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February 9, 2010
as far as the need for safety. We have had that demonstrated time and
time again. We have done quite a bit of research.
And on the other end here I hear Commissioner Henning, and
he's listening to a certain element of the public out there that's very
disgruntled with what's taking place.
Like two members of my family, they probably got tickets. And
by the way, that was my son's Christmas present. I paid his ticket.
But we won't go into that right now.
Let's talk about how we can do this in a way that it would be
beneficial to the public that we represent. And this isn't meant to
upset anyone out there. But what I'd like to see is us give due
consideration to put it on the August primary ballot and just get a
feeling of the community out there. Do they support the red light
cameras, or do they not support them? And we'll use that as guidance
in the future.
CHAIRMAN COYLE: Well, first of all, August is not the time
to do it because a lot of the citizens are not even here in August, so
they won't have a chance to express their opinion. So if you're going
to do it, you ought to plan it for November.
COMMISSIONER COLETTA: I second your motion, sir.
CHAIRMAN COYLE: But I'm not going to support it anyway.
I think we're here to make decisions, and if we don't have the courage
to make the decisions, we ought to let somebody else deal with it.
So Commissioner Fiala, one more time.
COMMISSIONER FIALA: Fine. Thank you.
My purpose in bringing this all up is to see ifthere was some way
that we can just work together, our Transportation Department,
Sheriffs Office, to make this just a little more consumer friendly at
this time to make sure that we're not playing gotcha, to make sure that
we've done everything we can so that people -- maybe signs, you
know, this is where you stop, not there, because some people are
confused by the white lines and which ones, maybe adjusting the
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February 9, 2010
left-hand turn lane, you know, just anything that we can do to let the
public know that we care about their concerns, and that was my point
of bringing this up.
CHAIRMAN COYLE: Okay. That's all we're going to have on
this. We've kicked this one around. We can't take a vote on it
anyway. This was just correspondence to exchange ideas between
commISSIOners.
But to those people out there who believe this is an effort to raise
money, I challenge you, stop sending us money. Don't run the red
light. Don't give us any money, and we would all be very, very happy
because our streets would be safer, our drivers would be driving in
accordance with the law, and that's what we all want, isn't it? So don't
send us any more money. Stop at the traffic lights like the law
requires you to. It's real simple.
Now, do I hear a motion to adjourn?
COMMISSIONER HALAS: Adjourn.
COMMISSIONER FIALA: You didn't have your time to say --
did you have any items to bring up?
CHAIRMAN COYLE: No.
COMMISSIONER FIALA: You've got four minutes.
CHAIRMAN COYLE: No, that's okay. I'm happy--
COMMISSIONER HALAS: Motion to adjourn.
COMMISSIONER COLETTA: Second.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: All right. We are adjourned. Thank you
very much.
* * * *Commissioner Halas moved, seconded by Commissioner Fiala
and carried unanimously that the following items under the Consent
and Summary Agendas be approved and/or adopted ****
Item #16Al
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February 9, 2010
RECORDING THE FINAL PLAT OF HERITAGE BAY UNIT
THREE, ESCAMBIA BAY COURT REPLA T-
W/STIPULATIONS
Item #16A2
RESOLUTION 2010-23: ROADWAY (PRIVATE) AND
DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF
MONTREUX AT FIDDLERS CREEK WITH THE ROADWAY
AND DRAINAGE IMPROVEMENTS BEING PRIV A TEL Y
MAINTAINED - W/RELEASE OF THE MAINTENANCE
SECURITY
Item #16A3
IMP ACT FEE REIMBURSEMENT REQUESTED BY ROETZEL
& ANDRESS, LP A, ON BEHALF OF PIPERS CROSSING, LLC,
TOTALING $182,151.43, DUE TO THE CANCELLATION OF A
BUILDING PERMIT - WHICH WAS CANCELLED ON MARCH
3,2009
Item #16A4
PROPOSED SETTLEMENT PROVIDING FOR PARTIAL
RELEASE IN THE CODE ENFORCEMENT ACTIONS
ENTITLED COLLIER COUNTY V MICHAEL WADE, GREGORY
OTT AND JOSEPH J SCHWARTZ, CODE ENFORCEMENT
SPECIAL MAGISTRATE CASE NOS. 2007060788,
CENA20080000197, CENA20080006881 AND
CENA20090013637, FOR PAYMENT OF $1,000 TO RELEASE
PROPERTY KNOWN AS 167 COLLIER BLVD NORTH
Page 100
February 9, 2010
(P ARCEL ID #22320280009), LOCATED WITHIN COLLIER
COUNTY, FLORIDA
Item #16A5
RESOLUTION 2010-24: ROADWAY (PRIVATE) AND
DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF AVE
MARIA PHASE TWO WITH THE ROADWAY AND DRAINAGE
IMPROVEMENTS BEING PRIV A TEL Y MAINTAINED -
W/RELEASE OF THE MAINTENANCE SECURITY
Item #16A6
IMPACT FEE REIMBURSEMENT REQUESTED BY Y AS-ARI,
LLC, TOTALING $93,244.45, DUE TO THE CANCELLATION
OF A BUILDING PERMIT - FOR A BUILDING IN MARCO
ISLAND THA T WAS CANCELLED ON DECEMBER 5, 2009
Item #16Bl
CHANGE ORDER TO A WORK ORDER IN THE AMOUNT OF
$55,260.00 TO POST, BUCKLEY, SCHUH & JERNIGAN, INC.
(PBS&J) FOR CONTRACT #06-3969 FIXED TERM
PROFESSIONAL ENGINEERING SERVICES FOR THE LEL Y
AREA STORMW A TER IMPROVEMENT PROJECT (LASIP),
WHITAKER ROAD IMPROVEMENTS (PROJECT NO. 51101) TO
INCLUDE DESIGN AND PERMIT MODIFICATIONS TO
REDUCE THE CONSTRUCTION COST OF THE PROJECT BY
MORE THAN $600,000 - THE DESIGN AND CONSTRUCTION
IS A CONTINUATION FOR THE NORTH PORTION OF THE
LEL Y MAIN CANAL
Page 101
February 9, 2010
Item # 16B2
A WARD BID #09-5264, IMMOKALEE ROAD MSTU/MSTD
LANDSCAPE MAINTENANCE TO FLORIDA LAND
MAINTENANCE, INC. D/B/A COMMERCIAL LAND
MAINTENANCE, INC. IN THE ESTIMATED ANNUAL
AMOUNT OF $117,001.58
Item #16B3
REJECT BID #10-5403, FOREST LAKES MSTU PROJECT F-63
BARRIER WALL - THE FOREST LAKES MSTU COMMITTEE
AND STAFF AGREED TO POSTPONE THIS PROJECT
INDEFINITEL Y
Item #16B4
AWARD BID #10-5415, RADIO ROAD MSTU PHASE III
(LIVINGSTON RD. TO AIRPORT PULLING) PART A:
CURBING TO BONNESS INC. IN THE AMOUNT OF
$333,753.68 & PART B: LANDSCAPE & IRRIGATION
INSTALLATION TO HANNULA LANDSCAPE & IRRIGATION
INC. IN THE AMOUNT OF $203,062.02, AND TO APPROVE
THE NECESSARY BUDGET AMENDMENT
Item #16B5
PURCHASE OF A PERPETUAL, NON-EXCLUSIVE ROAD
RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT
WHICH IS REQUIRED FOR THE CONSTRUCTION OF THE
V ANDERBIL T BEACH ROAD EXTENSION PROJECT,
PROJECT NO. 60168, PHASE I (FISCAL IMPACT: $10,300.00)-
Page 102
February 9, 2010
AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16B6 - Moved to Item #10D (Per Agenda Change Sheet)
Item #16B7
AWARD CONTRACTS FOR RFP #09-5219, ANNUAL
CONTRACT FOR BRIDGE REPAIRS AND MAINTENANCE TO
QUALITY ENTERPRISES, WALKER CONTRACTING GROUP,
AND DESIGN-BUILD ENGINEERS AND CONTRACTORS AT
AN ESTIMATED ANNUAL AMOUNT OF $250,000.00
Item #16B8
PURCHASE OF A PERPETUAL, NON-EXCLUSIVE ROAD
RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT
WHICH IS REQUIRED FOR THE CONSTRUCTION OF THE
PROPOSED FOUR-LANING IMPROVEMENTS TO GOLDEN
GATE BOULEVARD FROM JUST WEST OF WILSON
BOULEVARD TO JUST EAST OF DESOTO BOULEVARD
PROJECT NO. 60040 (FISCAL IMPACT: $5,685.00)
Item #16Cl
A WARD BID #09-5300 TO DIXIE DRAINFIELD, SOUTHERN
SANITATION, AND CREWS ENVIRONMENTAL. ESTIMATED
ANNUAL EXPENSES $250,000 - FACILITATING THE
OPERATION OF THE WASTEWATER TRANSMISSION
SYSTEM INCLUDING LIFT STATIONS FOR EMERGENCY
AND SCHEDULED GREASE, SLUDGE AND SEWAGE
HAULING
Page 103
February 9, 2010
Item #16Dl
RELEASE OF FOUR (4) LIENS WITH A DEVELOPER FOR
DEFERRAL OF 100 PERCENT OF COLLIER COUNTY IMP ACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING
DWELLING UNITS - FOR THE FOLLOWING LOTS AND
AMOUNTS: TRAIL RIDGE LOT 66, $22,325.96; NAPLES
MANOR ADDITION LOT 14 BLOCK 4, $22,571.30; LIBERTY
LANDING LOT 63, $14,987.08; AND TRAIL RIDGE LOT 77,
$22,325.96
Item # 16D2
HOMELESSNESS PREVENTION AND RAPID RE-HOUSING
PROGRAM (HPRP) ADMINISTRATIVE PLAN WHICH
PROVIDES GUIDANCE ON THE PROGRAMMA TIC DESIGN,
ELIGIBILITY GUIDELINES AND ASSISTANCE LIMITATIONS
FOR AGENCIES PARTICIPATING IN THE HPRP PROGRAM.
HPRP IS A DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) PROGRAM DESIGNED TO PROVIDE
FINANCIAL ASSISTANCE AND SERVICES TO INDIVIDUALS
AND FAMILIES WHO ARE HOMELESS OR AT RISK OF
BECOMING HOMELESS. COLLIER COUNTY HAS RECEIVED
$888,850 IN FEDERAL FUNDING TO SUPPORT THE HPRP
PROGRAM
Item #16D3
GRANT APPLICATION FOR THE FY 2010 ADULT DRUG
COURT DISCRETIONARY GRANT PROGRAM IN THE
AMOUNT OF (APPROXIMA TEL Y) $200,000 OVER TWO
YEARS FROM THE UNITED STATES DEPARTMENT OF
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February 9, 2010
JUSTICE, BUREAU OF JUSTICE ASSISTANCE. IF AWARDED,
REQUEST AUTHORIZATION TO SERVE AS THE FISCAL
AGENT AND TO AUTHORIZE STAFF TO NEGOTIATE A
CONTRACT WITH THE DRUG COURT TREATMENT
PROVIDER, DAVID LAWRENCE CENTER, AS A SUB-
RECIPIENT OF THE A WARD. NO GENERAL FUND DOLLARS
WILL BE USED FOR THIS GRANT INITIATIVE
Item #16D4
HAZARD MITIGATION GRANT PROGRAM (HMGP)
AGREEMENT BETWEEN THE STATE OF FLORIDA DIVISION
OF EMERGENCY MANAGEMENT AND THE BOARD OF
COUNTY COMMISSIONERS FOR A WIND RETROFIT
PROJECT TO INSTALL STORM SHUTTERS AT THE GOLDEN
GATE COMMUNITY PARK AND THE IMMOKALEE SPORTS
COMPLEX IN THE AMOUNT OF $124,909 AND AUTHORIZE
BUDGET AMENDMENTS
Item #16D5
RESOLUTION 2010-25: RESOLUTION AMENDING THE
COLLIER COUNTY PARKS AND RECREATION FEE POLICY
AND SUPERCEDING RESOLUTION NO. 08-283 AND ALL
OTHER RESOLUTIONS ESTABLISHING LICENSE AND FEE
POLICIES AND INCLUDES A BEACH PARKING FEE OF $8.00
ATCONNERPARK
Item #16D6
GRANT FROM THE 4-H FOUNDATION CLUBS, INC. IN THE
ESTIMATED AMOUNT OF $25,080 FOR THE 4-H OUTREACH
Page 105
February 9, 2010
PROGRAM MANAGED BY THE COLLIER COUNTY
UNIVERSITY OF FLORIDA/IFAS EXTENSION DEPARTMENT
AND APPROVE THE NECESSARY BUDGET AMENDMENTS -
FOR THE PERIOD BETWEEN JANUARY 1,2010 TOO
DECEMBER 31, 2010
Item #16D7
BOARD OF COUNTY COMMISSIONERS ACTING AS THE
COMMUNITY REDEVELOPMENT AGENCY TO APPROVE
THE EXPANSION OF AIRPORT PARK IN IMMOKALEE IN
COLLABORATION BETWEEN THE IMMOKALEE CRA AND
THE COLLIER PARKS AND RECREATION DEPARTMENT
AND AUTHORIZE THE EXPENDITURE OF $90,585 FROM
FUND 306 TO PAY 50% OF THE TOTAL COST OF THE
PROJECT (COMPANION TO ITEM 16Gl) - ALLOWING FOR
ADDITIONAL USE FOR COMMUNITY-WIDE EVENTS
Item #16El
RESOLUTION 2010-26: RESOLUTION AUTHORIZING THE
COMMISSION CHAIRMAN TO EXECUTE DEED
CERTIFICATES FOR THE SALE OF BURIAL PLOTS AT LAKE
TRAFFORD MEMORIAL GARDENS CEMETERY DURING THE
2010 CALENDAR YEAR
Item # 16E2
RATIFY PROPERTY, CASUALTY, WORKERS
COMPENSATION AND SUBROGATION CLAIMS SETTLED
AND/OR CLOSED BY THE RISK MANAGEMENT DIRECTOR
PURSUANT TO RESOLUTION #2004-15 FOR THE FIRST
Page 106
February 9, 2010
QUARTER OF FY 10
Item #16E3
AWARD COUNTYWIDE BID #09-5289 FOR THE PURCHASE &
DELIVERY OF INORGANIC/ORGANIC MULCH TO
FORESTRY RESOURCES, HAZELTINE NURSERIES, A+M
GOLF SERVICES AND PLAY IT SAFE ENTERPRISES FOR AN
ESTIMATED ANNUAL EXPENDITURE OF $100,000 - TO BE
USED FOR WEED CONTROL, MOISTURE RETENTION IN
PLANT BEDS AND GROUND COVER ON PLAYGROUNDS
Item # 16E4
RATIFY STAFF-APPROVED CHANGE ORDERS AND
CHANGES TO WORK ORDERS TO BOARD-APPROVED
CONTRACTS - FROM THE TIME PERIOD OF DECEMBER 18,
2009 THROUGH JANUARY 14,2010
Item #16Fl
VOLUNTEER FIRE ASSISTANCE GRANT APPLICATION IN
THE AMOUNT OF $9,410 FOR THE PURPOSE OF
PURCHASING EIGHT VHF MOBILE RADIOS, FIVE PAGERS,
TWENTY CHEST HARNESSES, AND FOAM FOR THE
OCHOPEE FIRE CONTROL DISTRICT - EQUIPMENT TO
IMPROVE FIREFIGHTER SAFETY AND FIREFIGHTING
CAP ABILITIES
Item # 16F2
BUDGET AMENDMENTS - TO REPLACE FIVE SETS OF TEN
Page 107
February 9, 2010
YEAR OLD BUNKER GEAR FOR THE VOLUNTEER
FIREFIGHTERS WITH THE ISLE OF CAPRI FIRE
DEP ARTMENT PER NFP A
Item #16F3
DEPARTMENT OF HOMELAND SECURITY GRANT
AGREEMENT 10-DS-39-09-21-01-39 BETWEEN COLLIER
COUNTY AND THE FLORIDA DIVISION OF EMERGENCY
MANAGEMENT ACCEPTING $25,500.00 FOR EMERGENCY
MANAGEMENT PROGRAM ENHANCEMENT AND
AUTHORIZE THE NECESSARY BUDGET AMENDMENT
Item 16F4
AMENDMENT #1 TO THE NAPLES MUSEUM OF ART, INC. FY
10 TDC GRANT AGREEMENT TO CHANGE THE EFFECTIVE
DATES TO SEPTEMBER 1, 2009 THROUGH SEPTEMBER 30,
2010 - TO ASSIST IN PROMOTING A CELEBRATION OF
LA TIN ART AND CULTURE
Item # 16F5
RESOLUTION 2010-27: RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING GRANTS, DONATIONS,
CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE
FISCAL YEAR 2009-10 ADOPTED BUDGET
Item #16F6
BUDGET AMENDMENT FROM THE OCHOPEE FIRE
CONTROL DISTRICT IMPACT FEE RESERVES IN THE
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February 9, 2010
AMOUNT OF $2,500.00 FOR THE PURPOSE OF PURCHASING
PERSONAL PROTECTIVE GEAR FOR A NEW POSITION
Item #16F7
CHANGE ORDER #3 FOR MILES MEDIA GROUP CONTRACT
#06-4037 IN THE AMOUNT OF $23,874 FOR THE 2010 VISITOR
GUIDE - FOR NAPLES, MARCO ISLAND AND EVERGLADES
CONVENTION AND VISITORS BUREAU
Item #16F8
MODIFICATION TO THE FYI0 EMERGENCY PREPAREDNESS
AND ASSISTANCE GRANT (EMP A) BASE GRANT
AGREEMENT, ADDITIONAL GRANT REVENUE RECEIVED
OF $35,201.81 - THE EMPA PORTION OF THE FUNDS MUST
BE EXPENDED BY JUNE 30, 2010
Item #16G 1
BOARD OF COUNTY COMMISSIONERS ACTING AS THE
COMMUNITY REDEVELOPMENT AGENCY TO APPROVE
THE EXPANSION OF AIRPORT PARK IN IMMOKALEE IN
COLLABORATION BETWEEN THE IMMOKALEE CRA AND
THE COLLIER PARKS AND RECREATION DEPARTMENT
AND AUTHORIZE THE EXPENDITURE OF $90,585 FROM
FUND 186 TO PAY 50% OF THE TOTAL COST OF THE
PROJECT (COMPANION TO ITEM 16D7) - ALLOWING FOR
ADDITIONAL COMMUNITY -WIDE EVENTS
Item #16G2
Page 109
February 9, 2010
AIRPORT AUTHORITY TO LOAN $50,000 FROM THE
IMMOKALEE INFRASTRUCTURE FUND 497 TO COMPLETE
THE RECONSTRUCTION OF THE T -HANGAR BUILDING AT
THE EVERGLADES AIRPARK DAMAGED BY HURRICANE
WILMA, AND ASSOCIATED BUDGET AMENDMENTS.
CHANGE ORDER #4 TO CORAL SANDS CONTRACT #09-5209
(RESOLUTION I 0-23) WAS DISCUSSED AT THE JANUARY 11,
2010 MEETING OF THE AIRPORT AUTHORITY, BUT WAS
NOT YET PREPARED FOR APPROVAL. AT THE JANUARY 11
MEETING THE AUTHORITY INDICA TED THAT CHANGE
ORDER #4 (RESOLUTION 10-23) WOULD BE APPROVED AT
ITS FEBRUARY 8, 2010 MEETING - DUE TO THE LARGER
BUILDING REQUIRED ADJUSTMENT OF THE STRUCTURAL
CONFIGURATION, THE BUILDING FOUNDATION, AND
ADDITIONAL DRYWALL TO ACCOMMODATE THE LONGER
AND HIGHER INTERIOR WALLS RESULTING IN HIGHER
COSTS
Item # 16G3
AWARD OF BID NO. 10-5387 FOR BA YSHORE
BEAUTIFICATION MSTU ROADWAY GROUNDS
MAINTENANCE (FISCAL IMPACT: $56,880) - FOR
ROADWAY, LANDSCAPE AND IRRIGATION MAINTENANCE
SERVICES
Item # 1611
MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH
ACTION AS DIRECTED
The following miscellaneous correspondence, as presented by the
Page 110
February 9, 2010
Board of County Commissioners, has been directed to the various
departments as indicated:
Page 111
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
February 9, 2010
I. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Minutes:
I) Affordable Housing Commission:
Minutes of December 7,2009.
2) Collier County Coastal Adyisory Committee:
Minutes of October 8, 2009; Noyember 12, 2009;
December 10,2009.
3) Collier County Planning Commission:
Minutes of September 21, 2009 Special Session; September 23, 2009
Special Session; October 29, 2009 Special Session; November 19,
2009; December 3,2009.
4) Development Services Advisory Committee:
Minutes of December 2,2009.
5) Floodplain Management Planning Committee:
Minutes of August 3, 2009; September 14, 2009.
6) Golden Gate Beautification Advisory Committee:
Minutes of October 13, 2009; November 10. 2009.
7) Golden Gate Community Center Advisory Committee:
Agenda of January 4, 20 I O.
Minutes of December 7, 2009.
8) Immokalee Beautification Advisory Committee:
Minutes of November 18, 2009 - no quorum.
9) Isles of Capri Fire Control District Advisory Committee:
Minutes of December 3,2009.
10) Land Acquisition Advisory Committee:
Minutes of December 14,2009.
II) Lely Golf Estates Beautification Advisory Committee:
Agenda of November 19,2009.
Minutes of October 15,2009; November 19,2009 - no quorum.
12) Parks and Recreation Advisory Board:
Minutes of January 21,2009; March 18,2009; November 18,2009;
December 16,2009.
13) Radio Road Beautification Advisory Committee:
Agenda of December 15, 2009.
Minutes of November 17,2009.
14) Vanderbilt Beach Beautification MSTU Advisory Committee:
Agenda of December 3, 2009.
Minutes of November 5, 2009.
B. Other:
I) Collier County Special Magistrate Intersection Safety Program:
Minutes of October 23,2009; November 17, 2009; December 18,
2009.
February 9,2010
Item # 1611
UNRESTRICTING $23,907 OF FUNDS PREVIOUSLY
APPROPRIATED TO THE NATIONAL CENTER FOR MISSING
AND EXPLOITED CHILDREN - RE-PRIORITIZING EXPENSES
TOWARD THE DIRECT SERVICES ELEMENT AND AWAY
FROM EQUIPMENT WHERE STAFFING HAS BECOME MOST
CRITICAL
Item #1612
DISBURSEMENTS FOR THE PERIOD OF JANUARY 16,2010
THROUGH JANUARY 22,2010 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item # 1613
DISBURSEMENTS FOR THE PERIOD OF JANUARY 23,2010
THROUGH JANUARY 29,2010 AND FOR SUBMITTAL INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16Kl
STIPULATED FINAL JUDGMENT A WARDING BUSINESS
DAMAGES IN THE AMOUNT OF $40,000 FOR PARCELS
109FEE AND 109TCE IN THE LAWSUIT STYLED COLLIER
COUNTY V A L SUBS, INC., ET AI., CASE NO. 09-3691-CA
(COLLIER BOULEVARD PROJECT 60092) (FISCAL IMP ACT
$40,000) - FOR THE TAKING OF PARCELS
Item #16K2
Page 112
February 9, 2010
RATIFY A PURCHASE ORDER EXCEEDING $50,000 FOR
CONTINUED EXPERT LITIGATION SUPPORT SERVICES FOR
RIGHT-WAY-ACQUISITION ALONG SANTA BARBARA
BOULEVARD PROJECT #62081
Item # 16K3
STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$39,500 FOR PARCELS 148 AND 948 IN THE LAWSUIT
STYLED COLLIER COUNTY V ELIZABETH D. BLOCH, ET AI.,
CASE NO. 03-2403-CA (GOLDEN GATE P ARKW A Y PROJECT
#60027), AND TO AUTHORIZE A BUDGET AMENDMENT
(FISCAL IMPACT $33,684) - FOR THE TAKING OF THE
PARCELS
Item # 16K4
YOUTH HUNT AGREEMENT IN ORDER TO ALLOW FLORIDA
FISH AND WILDLIFE CONSERVATION COMMISSION (FWC)
TO CONDUCT YOUTH HUNTS FOR FULL-TIME AND PART-
TIME COLLIER COUNTY RESIDENTS AT PEPPER RANCH
PRESERVE - PARTICIPANTS MEETING THE
QUALIFICATIONS SET IN THE EXECUTIVE SUMMARY
Item #16K5
MEDICAL DIRECTORS WAIVER OF A 5% ANNUAL
INCREASE IN SALARY DURING FISCAL YEAR 2010 THAT IS
PROVIDED FOR IN DR. TOBER'S CONTRACT FOR A FISCAL
IMPACT OF $5,275
Item #16K6 - Moved to Item #12A (Per Agenda Change Sheet)
Page 113
February 9, 2010
Item #16K7
RESOLUTION 2010-28: RESOLUTION DIRECTING THE
SUPERVISOR OF ELECTIONS TO PLACE ON THE
NOVEMBER 2,2010 GENERAL ELECTION BALLOT FOR
PRECINCTS 551, 552, 554, 555, 590 AND 591 THE QUESTION
OF WHETHER THE GOLDEN GATE AREA MASTER PLAN
SHOULD BE AMENDED TO ALLOW FOR UP TO A 190,000
SQUARE FOOT COMMERCIAL DEVELOPMENT, AS
REQUESTED BY COMPREHENSIVE PLAN AMENDMENT 08-
01
Item #16K8
RETENTION AGREEMENT FOR LEGAL SERVICES ON AN AS
NEEDED BASIS WITH THE LAW FIRM OF HAHN LOESER &
PARKS, LLP., TO MEET COUNTY PURCHASING POLICY
CONTRACT UPDATE REQUIREMENTS - WITH THE TERMS
OF THIS TWO YEAR AGREEMENT PERIOD BEING
FEBRUARY 9, 2010 THROUGH FEBRUARY 9, 2012
Item #16K9 - Continued to the February 23, 2010 BCC Meeting
(Per Agenda Change Sheet)
REQUEST TO REVIEW A PROPOSED AMENDMENT TO THE
COLLIER COUNTY NOISE CONTROL ORDINANCE, WHICH
WOULD SPECIFICALLY EXEMPT NOISE RESULTING FROM
PERMITTED MOTOR RACING EVENTS AT THE SWAMP
BUGGY RECREATION AND SPORTS PARK, AND IF
ACCEPTABLE, DIRECT THE COUNTY ATTORNEY TO
PREPARE AND ADVERTISE AN AMENDING ORDINANCE
Page 114
February 9, 2010
Item # 1 7 A
RESOLUTION 2010-29: RESOLUTION OF THE COLLIER
COUNTY BOARD OF COUNTY COMMISSIONERS
DESIGNATING 4,793.5 ACRES IN THE RURAL LANDS
STEWARDSHIP AREA ZONING OVERLAY DISTRICT AS A
STEWARDSHIP SENDING AREA WITH A DESIGNATION AS
SUNNILAND FAMILY SSA 12 PURSUANT TO THE TERMS
SET FORTH IN THE ESCROW AGREEMENT, STEWARDSHIP
SENDING AREA CREDIT AGREEMENT FOR SUNNILAND
F AMIL Y SSA 12, AND STEWARDSHIP EASEMENT
AGREEMENT FOR SUNNILAND FAMILY SSA 12;
APPROVING A STEWARDSHIP SENDING AREA CREDIT
AGREEMENT FOR SUNNILAND FAMILY SSA 12;
APPROVING A STEWARDSHIP EASEMENT AGREEMENT
FOR SUNNILAND F AMIL Y SSA 12; APPROVING AN ESCROW
AGREEMENT FOR SUNNILAND FAMILY SSA 12; AND
ESTABLISHING THE NUMBER OF STEWARDSHIP CREDITS
GENERATED BY THE DESIGNATION OF SAID
STEWARDSHIP SENDING AREA
Item #17B
RESOLUTION 2010-30: RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE
FISCAL YEAR 2009-10 ADOPTED BUDGET
Page 115
-- -------~- " .....--"'._---"~--
February 9, 2010
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 11 :57 a.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
'1uJ- w. 0r
FRED COYLE, Chairman
ATTEST\ . i.; ..
DWIGHT E. BRQCK, CLERK
These min~s approved by the Board on "3 / .91 to, as presented
V or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICES, INC., BY TERRI LEWIS.
Page 116