BCC Minutes 03/23/2010 R
March 23,2010
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, March 23, 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 to the County Manager
Sue Filson, BCC Executive Manager
Jeffrey A. Klatzkow, County Attorney
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AGENDA
March 23, 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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March 23, 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 IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor Ron Coulter - Gulfside Christian 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. February 23,2010 - BCC/Regular Meeting
C. March 2,2010 - BCC/Foreclosure Task Force Workshop
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 20 Year Attendees
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March 23,2010
1) Gary Kessler, Parks and Recreation
2) Pamela Moore, Library
3) Peg Ruby, Parks and Recreation
4. PROCLAMATIONS
A. Proclamation to honor in memoriam Aubrey Rogers who died peacefully on
the 10th of March. To be accepted by Cpl. Dan Rogers and Sheriff Kevin
Rambosk. Sponsored by the Board of County Commissioners.
B. Proclamation designating April as Water Conservation Month. To be
accepted by Clarence Tears, Jr., Director of the South Florida Water
Management District's Big Cypress Basin, Pam Libby, Water Department
Operations Manager, Danette Huff, Irrigation Quality Water Manager, and
Joe Bellone, Utility Billing and Customer Service Manager. Sponsored by
Commissioner Halas.
C. Proclamation designating April 10, 2010 as Paint Our County Purple Day
and recognizing Relay for Life Days in Golden Gate City and other dates
throughout Collier County. To be accepted by Ann Gardner and Michelle
Wilson. Sponsored by Commissioner Henning.
D. Proclamation designating the week of March 22 through March 26, 20 I 0 as
The 30th Anniversary of Know Your County Government Week. To be
accepted by Alex Bethune and Rosana Sandoval. Sponsored by
Commissioner Coletta.
E. Proclamation designating March 27, 2010 as League of Women Voters of
Collier County Day. To be accepted by Sandy Parker, President, League of
Women Voters of Collier County. Sponsored by Commissioner Fiala.
F. Proclamation designating April 10, 2010 as Bay Days / Great American
Clean Up Day. To be accepted by Rory Admunson, President of the Keep
Collier Beautiful Board of Directors, Cher Compton, Executive Director of
Keep Collier Beautiful and Larry Berg, Sr. District Manager of Waste
Management of Collier County. Sponsored by Commissioner Fiala.
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March 23, 2010
5. PRESENTATIONS
A. Recommendation to recognize Samantha Moran, Training Coordinator,
Human Resources Department as the Employee of the Month for March
2010.
B. Presentation of the Collier County "Business of the Month" award to Pelican
Wire Company for March 2010.
6. PUBLIC PETITIONS
A. Public Petition request by Mr. D.E. Smylie regarding funding for sidewalk
extension.
B. Public Petition request by Mr. Kenneth Thompson regarding various
neighborhood issues.
Item 7 and 8 to be heard no sooner than 1 :00 p.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
A. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members: CU-PL2009-405:
Collier County Alternative Transportation Modes Department represented
by Abra Horne, AICP, of Wilbur Smith Associates is requesting a
Conditional Use in the Gallman Olds PUD Zoning District to add a
Government Facility, limited to a Bus Transfer Station pursuant to LDC
Section 2.01.03.G.I.e, Essential Services. The subject 10.04 acre property is
located on the south side of Radio Road extending to Davis Boulevard,
approximately 1,000 feet from the Radio Road and Davis Boulevard
intersection in Section 3, Township 50 South, Range 26 East, Collier
County, Florida. (CTS)
8. ADVERTISED PUBLIC HEARINGS
A. This a!!:enda item was advertised for consideration bv the BCC on
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March 23, 2010
March 9, 2010. At the direction of the County Mana!!:er this item has
been moved to the BCC A!!:enda for March 23, 2010. Recommendation to
adopt amendments to the Capital Improvement Element of the Collier
County Growth Management Plan.
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Haldeman Creek Maintenance Dredging
Advisory Committee.
B. Appointment of member to the Collier County Citizens Corps.
C. Appointment of members to the Pelican Bay Services Division Board.
D. Appointment of member to the Collier County Code Enforcement Board.
E. Appointment of member to the Radio Road Beautification Advisory
Committee.
10. COUNTY MANAGER'S REPORT
A. Recommendation to award a construction contract (Bid #10-5446) to D.N.
Higgins, Inc., in the amount of $8,683,000.00; award a pre-negotiated direct
purchase odor control package in the amount of$I,3l 0,229.00 to Siemens;
amend engineering services Work Order HS-FT-3785-07-03 for initial
construction engineering and inspection services in the time and materials
not to exceed amount of $300,000.00; and authorize the necessary budget
amendment for the North County Water Reclamation Facility Compliance
Assurance project, Project Number 73950.1. (Jim DeLony, Public Utilities
Administrator)
B. Recommendation to accept the first annual report on the Impact Fee
Program for Existing Commercial Redevelopment. (Amy Patterson,
Manager Impact Fees & EDC, CDES)
C. Recommendation to approve foreclosure-related guiding principles as
provided by members of the Collier County Foreclosure Task Force upon
request of the Board of County Commissioners in addressing any
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March 23, 2010
foreclosure legislation considered in the Florida Legislature. (Debbie Wight,
Assistant to the County Manager)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. Election or reelection of the Collier County Community Redevelopment
Agency (CRA) Chair and Vice-Chair for 2010.
B. Recommendation to the Board of County Commissioners acting as the
Community Redevelopment Agency (CRA) to approve the purchase of a
vacant lot on the corner of South 9th Street and Boston A venue as part of the
Immokalee CRA Public Realm Plan and Town Design for the Immokalee
Central Business District (CBD), and to approve payment from the
Immokalee CRA Fund 186 in the amount of$232,500 plus costs and
expenses to complete the sale, and approve a budget amendment of
$250,000 from Immokalee CRA Reserves.
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve final acceptance of the water utility
facility for Traci Office Building.
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March 23, 2010
2) Recommendation to approve final acceptance of the water and sewer
utility facilities for Mediterra Parcel 112.
3) Recommendation to approve final acceptance of the water utility
facility for North Collier Hospital, Phase 2 Expansion.
4) Recommendation for approval of a perpendicular dock configuration
and angled boat dock configuration for the Stella Maris subdivision in
the Port of the Isles.
5) This item requires that ex parte disclosure be provided by
Commission Members. Should a hearinl!: be held on this item, all
participants are required to be sworn in. This is a recommendation
to approve for recording the final plat of Verona walk Phase 4A,
Verducci Court Replat.
6) Recommendation to approve the Release and Satisfaction of Lien for
the Code Enforcement Action entitled Board of County
Commissioners vs. Steven B. Johnson, Code Enforcement CEB Case
No. 2003-057, relating to property located at 128 Flicker Lane,
Everglades City, Florida.
7) This item requires that ex parte disclosure be provided by
Commission Members. Should a hearinl!: be held on this item, all
participants are required to be sworn in. This is a recommendation
to approve for recording the final plat of Verona walk Phase 4B,
Palermo and Querce Court Replat.
8) Recommendation to approve Amendment Number I to the Second
Memorandum of Agreement and Support relating to the Revenue
Distribution Approach for Rural Areas of Critical Economic Concern
(RACEC) Catalyst Project For Economic Development South Central
Florida RACEC and authorize the Chairman to sign the Agreement on
behalf of Collier County.
B. TRANSPORTATION SERVICES
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March 23, 2010
1) Recommendation to approve a Resolution authorizing the execution
and filing of Federal Transit Administration (FT A) grant applications;
the execution of grants and cooperative agreements; and the filing
with applications the annual certification and assurances as required.
2) Recommendation to approve payment to Collier Development
Corporation for purchase of drainage easements necessary for
construction of two segments of the Lely Area Stormwater
Improvement Project (Project No. 5110 I) located within the Sabal
Bay Development in the amount of$987,345.
3) Recommendation to pay attorney fees in the amount of $3,250 to the
firm of Roetzel and Andress for their assistance in counseling
property owners John Kappeyne and Maria Bettencourt, for helping
the parties reach agreement on the sale of a portion of the owners land
to Collier County for the Vanderbilt Beach Road Extension project,
and for clearing title by obtaining a Partial Release of Mortgage from
the mortgage holder. Project No. 60168. (Fiscal Impact: $3,250)
4) Recommendation to pay attorney fees and real estate appraisal fees in
the amount of $5,000 to the firm of Roetzel and Andress for their
assistance in counseling property owners Larry F. Greenberg and
Ellen F. Greenberg, for helping the parties reach agreement on the
sale of a portion of the owners land to Collier County for the
Vanderbilt Beach Road Extension project, and for clearing title by
obtaining a Partial Release of Mortgage from the mortgage holder.
Project No. 60168. (Fiscal Impact: $5,000)
C. PUBLIC UTILITIES
1) Approve the Satisfaction for a certain Water and/or Sewer Impact Fee
Payment Agreement. Fiscal impact is $92.50 to record the
Satisfactions of Lien.
2) Approve, execute and record a Satisfaction of a Notice of Claim of
Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $18.50
to record the Satisfaction of Lien.
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March 23, 2010
3) Recommendation to accept a South Florida Water Management
District Alternative Water Supply Grant in the amount of $488,000
for partial funding of the construction of the Irrigation Quality Water
Booster Pump Station, Project 74076, and Irrigation Quality Water
Pond Liner, Project #73950.
4) Authorize submission of Amendment One (I) to the State Revolving
Fund Loan Agreement (WW597180) through the Florida Department
of Environmental Protection (FDEP) for the Reclaimed Water ASR,
Project #74030.
5) Recommendation to approve the submittal of a letter representing
Collier County's comments on the United States Environmental
Protection Agency (EP A) proposed Numeric Nutrient Rule, Docket
ID No. EPA-HQ-OW-2009-0596 during the EPAs established public
comment period.
6) Recommendation to approve conveyance of an Easement to Florida
Power & Light Company for providing interconnection services for
the construction of the landfill gas-to-energy facility at the Collier
County Landfill, at no cost to the County.
7) Recommendation to exempt from formal competition and approve
Contract #10-5466 with de la Parte & Gilbert, P.A., for General Legal
Services for the Public Utilities Division. Project No. 71058, Water
Legal Services.
8) Recommendation to approve AshBritt Environmental, Inc., (Contract
#05-3661) as the initial debris removal contractor in operational
readiness for the upcoming 2010 Hurricane Season.
D. PUBLIC SERVICES
1) Recommendation to approve and authorize the Chairman to sign a
Release of Declaration of Restriction with Immokalee Senior
Housing, Ltd for the infrastructure construction on 2.33 acres in
Immokalee, Florida to enable Immokalee Senior Housing, Ltd to
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March 23, 2010
construct thirty (30) new one- and two-bedroom rental units targeted
to very low-income elderly residents.
2) Recommendation to approve and authorize the Chairman to sign two
(2) lien agreements for deferral of 100% of Collier County impact
fees for owner occupied affordable housing dwelling units located in
Collier County. Approval of this item will transfer previously
approved deferral agreements from developer to owner occupants
with a continuing fiscal impact of $37,817.56.
3) Recommendation to approve and authorize the Chairman to sign an
agreement between the Area Agency on Aging for Southwest Florida,
Inc. and Collier County, and approve associated budget amendments
to reflect an increase of $143,747 in the Older Americans Act grant
program.
4) Recommendation to approve and authorize the Chairman to sign a
renewal grant agreement between the U.S. Department of Housing
and Urban Development (HUD) and the Collier County Board of
Commissioners (BCC) to accommodate HUD approved budget
changes for SA WCC.
5) Recommendation to approve an Amendment to the Real Estate
Conveyance Agreement (Amendment) with the David Lawrence
Mental Health Center, Inc. for conveyance ofa portion of County
owned land located at 425 I st Street North, Immokalee, at no
additional cost to the County.
6) Recommendation to approve and authorize the Chairman to sign an
amendment to the State of Florida, Department of Children and
Families (DCF) Challenge Grant. The amendment is being requested
by DCF in order to comply with Section 504 of the Rehabilitation Act
of 1973, and the Americans with Disabilities Act of 1990 (Support to
the Deaf and Hard of Hearing).
7) Recommendation to accept a revised list of equipment to be purchased
with the Health Care and Other Facilities Special Congressional
Initiative earmark from the United States Department of Health and
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March 23, 2010
Human Services accepted by the Board of County Commissioners on
September 29,2009, Agenda Item #16D6.
8) Recommend to approve and authorize the Chairman to sign the
lnterlocal Agreement between Collier County and the City of Marco
Island, the Hideaway Beach District and the Hideaway Beach
Association, Inc., for the provision of a public restroom and erosion
control structures in the Hideaway Beach section of Marco Island.
9) Recommendation to approve and authorize the Chairman to sign a
sub-recipient agreement between Collier County and The City of
Naples for Community Development Block Grant-Recovery (CDBG-
R) funding providing American Recovery and Reinvestment Act
(ARRA) funds for a landscaping improvements project to assist low
and moderate income citizens in the Anthony Park Community
located within the City of Naples in the amount of $30,365.
E. ADMINISTRATIVE SERVICES
1) Recommendation to authorize the sale of Collier County surplus
property on April 24, 2010.
2) Recommendation to award Bid No. 10-5407, Employment Physicals
and Drug Testing to Anchor Health Centers at an estimated annual
cost of $11 ,600 per year.
3) Recommendation to award #ITB 10-5437 for Temporary Clerical
Services to Academy Design and Technical Services, Inc., Compass
Medical Staffing, and JuristaffInc., in no particular order. Estimated
annual expenses are $110,000.
4) Report the sale of four (4) pick-up trucks associated with the County
surplus on-line auction held February 15,2010 resulting in gross
revenues of$16,550.
5) Recommendation to approve an Agreement for Sale and Purchase
with Bruce and Lucille Kirby for 1.0 acre under the Conservation
Collier Land Acquisition Program, at a cost not to exceed $31,675.
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March 23, 2010
6) Recommendation to approve the purchase of property insurance
effective April I, 2010 in the amount of $3,430,400, a reduction of
$604,735 and authorize the County Manager or designee to execute
any applications or other documents necessary to bind coverage and
service.
7) Recommendation to authorize the chairman to sign a $250,000 Florida
Department of Environmental Protection (FDEP) Office of
Greenways and Trails Recreational Trails Program (RTP) Grant
Application to partially fund the construction of the Gordon River
Greenway Park boardwalk and pedestrian bridge.
8) Recommendation to approve a Budget Amendment in the amount of
$307,400 to fund the interior reconfiguration of the Supervisor of
Elections building at 3300 Santa Barbara Boulevard in order to
maximize the efficiency of the space including the creation of a
combination training/call center room in preparation for the upcoming
20 I 0 elections.
F. COUNTY MANAGER
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2009-10 Adopted Budget.
2) Recommendation to approve and authorize the Chairman to accept the
Volunteer Fire Assistance Grant Award to Ochopee Fire Control
District in the amount of $4,705 with a required match of $4,705 for a
total of$9,410 to purchase VHF mobile radios, pagers, harnesses,
foam and approve the necessary budget amendments.
3) Recommendation to approve a Certificate of Public Convenience and
Necessity for NCH Healthcare System for non-emergency ambulance
service and approve a Budget Amendment recognizing and
appropriating the $250 annual renewal fee.
4) Recommendation to approve budget amendments.
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March 23, 2010
5) Recommendation to approve and authorize the Chairman to sign a
Memo of Understanding (MOU) with the Greater Naples Chamber of
Commerce to support funding of a new Visitor Information Center
Specialist position at an annual cost of up to $65,000 payable with
TDC funding.
6) Recommendation to approve a Resolution attesting that the Board of
County Commissioners is authorized to administer the County's
affairs, and will be legally and financially responsible in the event
there is any outstanding debt owed to Centers for Medicare and
Medicaid Services as a result of the filing and receiving of payments
associated with ambulance related claims.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation that the Collier County Community Redevelopment
Agency review and approve the Bayshore Gateway Triangle CRA
2009 Annual Report, forward the report to the Board of County
Commissioners and Clerk of Courts and publish public notice of the
filing.
2) Recommendation to approve and execute a Commercial Building
Improvement Grant Agreement(s) between the Collier County
Community Redevelopment Agency and a Grant Applicant(s) within
the Bayshore Gateway Triangle Community Redevelopment area
(3300 Davis Boulevard, $52,947.22).
3) Recommendation that the Collier County Community Redevelopment
Agency approves the submittal of a Mixed-Used Planned Unit
Development (MPUD) application to rezone CRA-owned land;
approve the Chair to sign application documents; and authorize the
Executive Director to complete and submit the application package
and pay the application fee. (Fiscal Impact: $15,275)
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March 23, 2010
4) Recommendation to authorize budget amendments to allocate
$223,700 in Immokalee Infrastructure Fund 497 to permitting the next
phase of development at the Immokalee Regional Airport.
5) Recommendation to approve and authorize the Chairman to execute
the attached Resolution authorizing execution of Master Joint
Participation Agreement 2010-A with the Florida Department of
Transportation to fund projects at the Everglades Airpark, the
Immokalee Regional Airport and Marco Island Airport, and authorize
associated budget amendments.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Henning requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the EDC March Investor Meeting on March 2, 20 I 0 at the
Naples Daily News - Community Room - 1100 Immokalee Road.
$20.00 to be paid from Commissioner Henning's travel budget.
2) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Naples Press Club luncheon as a speaker on February
25,2010 at the Bellasera Resort in Naples, FL. $20.00 to be paid from
Commissioner Fiala's travel budget.
3) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the League Club in Naples Luncheon as a speaker on March
4,2010 at the Port Royal Club in Naples, FL. $30.00 to be paid from
Commissioner Fiala's travel budget.
4) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend the United Arts Council Stars in the Arts Awards
Luncheon at the Naples Grande Resort in Naples, FL on March 26,
2010. $95.00 to be paid from Commissioner Fiala's travel budget.
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March 23,2010
5) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend The Cleveland Club of Southwest Florida Spring Dinner
Party at the Cypress Woods Golf & Country Club in Naples, FL on
March 28, 20 I O. $30.00 to be paid from Commissioner Fiala's travel
budget.
6) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend the Naples Press Club Luncheon with Karna Bodman at
Vergina on 5th Avenue South in Naples, FL on April 10, 2010. $45.00
to be paid from Commissioner Fiala's travel budget.
7) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend the Women's Philanthropic Network of the Community
Foundation of Collier County 2010 Women ofInitiative Awards
Luncheon at the Naples Beach Hotel and Golf Club in Naples, FL on
April 6, 2010. $125.00 to be paid from Commissioner Fiala's travel
budget.
8) A resolution by the Collier County Board of County Commissioners
urging local retailers selling tobacco products to refrain from selling
and marketing flavored tobacco products which tend to promote and
influence underage and/or youthful consumption.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve Change Order #9 to add $79,200 to
Contract #07-4152, Auditing Services for Collier County, with Ernst
and Young LLP.
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March 23, 2010
2) To approve a yield reduction payment in the amount of $3,332.52,
related to the Series 2005 Capital Improvement and Refunding
Revenue Bonds.
3) To obtain board approval for disbursements for the period of February
27,20 I 0 through March 5, 20 I 0 and for submission into the official
records of the board.
4) To obtain board approval for disbursements for the period of March 6,
20 I 0 through March 12, 20 I 0 and for submission into the official
records of the board.
5) Recommendation to approve a grant application for FY2010 Justice
and Mental Health Collaboration Program in the amount of
approximately $250,000 over two years from the U.S. Department of
Justice, Bureau of Justice Assistance. If awarded, request
authorization for the Collier County Sheriffs Office to accept the
grant, approve associated budget amendments and enter into
memorandum of understanding with David Lawrence Center,
National Alliance on Mental Illness (NAMI) of Collier County, Prison
Health Services and other partner organizations.
K. COUNTY ATTORNEY
1) Recommendation to approve and accept as payment in full the
settlement and settlement check received from the Farm Bureau
Insurance of North Carolina on behalf of Leonardo Rodriguez and
Maria Rodriguez in the amount of$7,533.69 and authorize the County
Manager or his designee to execute the required release.
2) Request for authorization to advertise an amendment to Ordinance
No. 2009-02 to correct a scriveners error pertaining to the repeal of
ordinances and resolutions pertaining to various inactive taxing
districts located within Collier County.
3) Recommendation that despite a potential conflict with Marcy
Krumbine, that the County Attorney's Office continue to provide
defense to Collier County and Physician Led Area Network (PLAN)
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March 23,2010
in the lawsuit styled Deborah Dahlmanns v. PLAN and Marcy
Krumbine, Case No. 09-7915-CA
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item requires that ex parte disclosure be provided by Commission
members. Should a hearinl!: be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition V AC-
PL2009-1556, to disclaim, renounce and vacate the County's and the
Public's interest in an unopened and unused 20-foot wide alley along the
rear line of Lots I through 9 and II through 21, Block 54, New Market
Subdivision, according to the Plat thereof as recorded in Plat Book I, Pages
104 and 105, of the Public Records of Collier County, Florida, situated in
Section 3, Township 47 South, Range 29 East, Collier County, Florida, and
being more specifically described in Exhibit A.
B. Recommendation to adopt two ordinances which amend Ordinance No. 76-
57 (the general County Public Solicitors Ordinance), and Ordinance No. 87-
60, as amended (which regulates solicitation in the public right-of-way), so
as to prohibit public solicitors from misrepresenting that they are veterans of
the military, or soliciting in military uniforms, when they are neither present
nor former members of the military.
C. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2009-10 Adopted Budget.
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March 23, 201 0
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
Page 18
March 23, 2010
March 23, 2010
CHAIRMAN COYLE: County Manager, do we have a hot
mike?
MR. OCHS: You have a live mike, sir.
Ladies and gentlemen, please take your seats.
CHAIRMAN COYLE: We're going to have the invocation by
Pastor Ron Coulter of the Gulfside Christian Church.
Would you-all please stand for the invocation.
Okay. Then we're going to have Pastor Ochs.
MR. OCHS: This could be scary. Thank you, sir.
Our heavenly father, we ask your blessings on these proceedings
and all who are gathered here. We ask this, a special blessing, on this
Board of County Commissioners, guide them in their deliberations,
grant them wisdom and vision to meet the trials of this day and days to
come.
Bless us now as we undertake the business of Collier County and
its citizens, that our actions will serve the greater good of all citizens
and be acceptable in your sight.
These things we pray in your name, amen.
CHAIRMAN COYLE: Thank you very much, Mr. Ochs.
Would you please join us for the Pledge of Allegiance.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN COYLE: Thank you. Please be seated.
County Manager, we're ready for any changes to the agenda.
Item #2A
TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA
AS AMENDED - APPROVED AND/OR ADOPTED W/CHANGES
MR. OCHS: Yes, sir, Mr. Chairman and Commissioners. Good
mommg.
Agenda changes, Board of County Commissioner meeting,
Page 2
March 23, 2010
March 23,2010.
First change is Item 16B2 on your agenda. The chart on Page 2
of the executive summary omitted the item title of Lely Main Canal
and the value associated with this item totaling $257,400.
Adding this item to the chart will result in total payments covered
by this executive summary of $987,345, as originally stated in the
executive summary, and that correction is made at staffs request.
CHAIRMAN COYLE: Actually at Commissioner Coyle's
request, who caught the staffs error.
MR. OCHS: That's true, sir. Thank you very much.
CHAIRMAN COYLE: Thank you very much.
MR. OCHS: Next item is to move Item 16C5 to lOD, and that's a
recommendation to approve the submittal of a letter representing
Collier County's comments on the United States Environmental
Protection Agency Proposed Numeric Nutrient Rule, and that move is
made at Commissioner Fiala's request.
Next item is 16D3. The dollar amount shown on the agenda
index is $143,747. The correct amount is $144,147, as indicated in
the recommendation in the executive summary. That change is at
staffs request.
We have one time certain, Commissioners, and that is Item 10C,
to be heard at two p.m., and that time certain was at Commissioner
Coyle's request.
And then finally one agenda note. Commissioners, we will be
attending the lunch with the Know Your County Government Teen
Citizenship Program at the Methodist Church this afternoon from
12:15 to 1:15 p.m.
And those are all the changes I have, sir.
CHAIRMAN COYLE: Okay. Thank you very much, County
Manager.
County Attorney?
MR. KLATZKOW: No changes, sir.
Page 3
March 23,2010
CHAIRMAN COYLE: Thank you.
Commissioners. We'll start with Commissioner Henning today.
COMMISSIONER HENNING: Good morning. I have no
changes, no further changes, to the agenda today, and I have no ex
parte communication on today's agenda.
CHAIRMAN COYLE: Thank you.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes, sir, good morning.
I would like to -- first on the -- I would like to have agenda Item
16H8, which is a resolution regarding tobacco and teenagers and
youth, to be moved to the regular agenda. We have a small group to
accept it. And number two, I'd like to pull Item 16D8.
And on the -- on my declarations, I have no disclosures on either
the consent agenda or the summary agenda.
CHAIRMAN COYLE: Okay, thank you.
And I have no disclosures for either the consent agenda or the
summary agenda, and I have no further changes to the agenda.
Commissioner Halas?
COMMISSIONER HALAS: Good morning, Chairman.
I have nothing to disclose in regards to my ex parte on either the
consent agenda or the summary agenda, and I have no further changes
to today's agenda. Thank you.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I have no disclosures for the
consent agenda nor the summary agenda and no changes to the regular
agenda. Thank you.
CHAIRMAN COYLE: Thank you very much.
And before we go to the approval of the agenda, we have a
speaker for Item 16 --
MS. FILSON: 16E3.
CHAIRMAN COYLE: -- E3, okay.
MS. FILSON: Marsha Nguyen.
Page 4
March 23, 2010
MS. NGUYEN: Good morning.
CHAIRMAN COYLE: Good morning.
MS. NGUYEN: Do I need to move this?
CHAIRMAN COYLE: Yes, please.
MS. NGUYEN: Okay. I was here --
CHAIRMAN COYLE: Please state your name for the record.
MS. NGUYEN: My name is Marcia Newman.
CHAIRMAN COYLE: Okay.
MS. NGUYEN: And I'm here to speak on Item 16E for the
temporary clerical services.
CHAIRMAN COYLE: Okay.
MS. NGUYEN: As you're aware, on the three that are looking to
be awardees, those three are not located here locally in Collier
County.
I've been here in Collier County for four years. I formerly
worked with Mancan Staffing which provided the temporary clerical
services here for Collier County. And as you're aware, they're no
longer here.
I'm with another company, GL Staffing, which has been on it,
and it's been established in Collier County since 2004. You know,
we've provided -- we provide all temporary clerical services for most
of -- for a lot of Collier County, clerical, industrial, and professional.
So I just wanted to speak and let you know that we're -- for local
preference maybe, to keep the business here in Collier County,
providing the business here, and the employees would be a help to
Collier rather than giving it to maybe a company that's outside of
either our state, period, or not within the Collier County or Lee
County presence.
CHAIRMAN COYLE: Okay, thank you.
We have questions by commissioners. Commissioner Fiala first.
COMMISSIONER FIALA: Yes. I studied this myself because it
concerned me. You know how I feel about keeping things local.
Page 5
March 23,2010
Definitely the two companies from the Collier County area -- there
weren't any from Lee County -- were higher than the others.
So then I asked the question of the county manager to determine
if there was going to be added charges afterwards for travel and
expenses if they brought people down to do this work and if they
would be responsive as quickly as a local firm. But I'm told that this
was all inclusive, these prices were all inclusive. There was no travel
charges, nothing. They would be hiring local people.
Obviously the company is going to be paying taxes in another
county or another state. They're not going to be -- you know, they're
not going to have business taxes here in Collier County, but they're
going to be hiring local people in order to be responsive to these
things.
And I didn't know what else to do. I wanted to keep it here, but I
didn't know what else to do because the two bids were higher for the
Naples area.
MS. NGUYEN: Correct. We were about -- you know, they're
110,000 approximately. We're at about 116-, is what ours is.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: Yes. I had the same concerns.
And upon looking into this, these local firms are going to be hiring
people here in Collier County, and the most important thing is getting
people back to work.
MS. NGUYEN: Correct.
COMMISSIONER HALAS: So I think that these people are
going to -- that are going to be hired by these firms, even though
they're outside the county or the state, I believe the end result is going
to be beneficial. At least we're getting people back to work.
CHAIRMAN COYLE: Thank you.
Commissioner Henning?
COMMISSIONER HENNING: Leo, were they -- the local
company offered a -- to do a match?
Page 6
March 23,2010
MR. OCHS: Yes, sir. Local vendor preference was applied in
this particular bid. But as you recall, you have to be within 10 percent
of the low bid to be able to have the right to match, and two local firm
bids were higher than that 10 percent threshold apart from the low bid.
CHAIRMAN COYLE: Okay. Thank you very much.
MS. NGUYEN: Thank you.
CHAIRMAN COYLE: Appreciate it.
Before we entertain a -- well, okay. Let's go ahead and get the
agenda approved.
MR.OCHS: Mr. Chairman? Mr. Chairman?
CHAIRMAN COYLE: Yes.
MR. OCHS: In might, just to make sure we have the changes
from the agenda in the right spots.
CHAIRMAN COYLE: Okay.
MR. OCHS: We had a move on 16H8, which was the tobacco
resolution. That will now become 9F under Board of County
Commissioners. That's 16H8 to 9F.
And then the other requested move by Commissioner Coletta was
16D8, and that will become WE.
CHAIRMAN COYLE: Okay. Thank you very much.
MR. OCHS : Yes, sir.
CHAIRMAN COYLE: Do I hear a motion to approve the
agenda?
COMMISSIONER HALAS: Motion to approve today's agenda
as corrected.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Okay. Motion to approve by
Commissioner Halas, seconded by Commissioner Fiala.
All in favor, please signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
Page 7
March 23, 2010
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: The minutes (sic) pass unanimously.
Page 8
Agenda Changes
Board of County Commissioners Meeting
March 23, 2010
Item 16B2: The chart on Page 2 of the Executive Summary omitted Item Title Lely Main
Canal and the value associated with this item totals $257,400. Adding this item to the chart
will result in total payments covered by this executive summary of $987,345, as originally
stated in the executive summary. (Staff's request)
Move Item 16CS to 100: Recommendation to approve the submittal of a letter
representing Collier County's comments on the United States Environmental Protection
Agency (EPA) proposed Numeric Nutrient Rule, Docket ID No. EPA-HQ-QW-2009-0596 during
the EPA's established public comment period. (Commissioner Fiala's request)
Item 1603: The dollar amount shown on the agenda index is $143,747. The correct
amount is $144,147, as indicated in the executive summary. (Staff's request)
Time Certain Items:
Item 10C to be heard at 2:00 p.m. (Commissioner Coyle's request)
Note:
Commissioners will be attending the lunch with the Know Your County Government Teen
Citizenship Program at the Methodist Church from 12:15 to 1:15 p.m.
3/23/2010 8:27 AM
March 23,2010
Item #2B and #2C
MINUTES FROM THE FEBRUARY 23,2010 - BCC/REGULAR
MEETING AND MARCH 2,2010 - BCC/FORECLOSURE TASK
FORCE WORKSHOP - APPROVED AS PRESENTED
CHAIRMAN COYLE: We also will take motions to approve the
February 23, 2010, BCC regular meeting minutes and the minutes of
the March 2,2010, BCC foreclosure task force workshop.
COMMISSIONER HALAS: So moved.
COMMISSIONER HENNING: Second.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Motion to approve by Commissioner
Halas, and I think I heard a second.
COMMISSIONER FIALA: You did.
CHAIRMAN COYLE: Well, actually Commissioner Henning
was first.
COMMISSIONER FIALA: Oh, I'm sorry.
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: The minutes are approved.
That takes us to service awards, County Manager.
Item #3A
Page 9
March 23,2010
SERVICE A WARDS - 20 YEAR ATTENDEES - PRESENTED
MR. OCHS: Yes, sir. Is the board going to come down for the
service award presentation?
CHAIRMAN COYLE: Yep.
MR. OCHS: Thank you. We have three service awards this
morning, Commissioner, all for 20 years of service.
Our first 20-year awardee is Gary Kessler from your Parks and
Recreation Department.
(Applause.)
CHAIRMAN COYLE: How you doing? Good to see you again.
MR. KESSLER: Thank you very much.
CHAIRMAN COYLE: This is all yours. And we'll get a picture.
Turn around and face the camera. Why don't you get in the center
there?
MR. KESSLER: All right. That's enough.
CHAIRMAN COYLE: That's it.
(Applause.)
COMMISSIONER HALAS: Thank you for your service.
COMMISSIONER HENNING: Thank you.
COMMISSIONER COLETTA: Thank you for your 20 years.
MR. OCHS: Congratulations.
Commissioners, our next 20-year service award recipient is
Pamela Moore from your Library Department.
(Applause.)
CHAIRMAN COYLE: Thank you very much. Turn around and
we'll get a picture. For $15 we'll autograph it for you.
(Applause.)
COMMISSIONER FIALA: Thanks for all your service.
COMMISSIONER HENNING: Thank you.
COMMISSIONER COLETTA: Thank you, Pamela.
MR. OCHS: Commissioners, your next 20-year awardee is Peg
Page 10
March 23,2010
Ruby from Parks and Recreation.
(Applause.)
CHAIRMAN COYLE: Hi, Peg. Congratulations. Thank you
very much.
COMMISSIONER HALAS: Thank you very much for your
servIce.
(Applause.)
CHAIRMAN COYLE: Thank you.
COMMISSIONER COLETTA: Thanks for all your service.
MR. OCHS: Congratulations.
That concludes our service awards.
Item #4 PROCLAMATIONS
ONE MOTION TAKEN TO ADOPT ITEMS #4B THROUGH #4F-
ADOPTED
Item #4A
PROCLAMATION HONORING IN MEMORIAM AUBREY
ROGERS WHO DIED PEACEFULLY ON THE 10TH OF
MARCH. ACCEPTED BY CPL. DAN ROGERS AND SHERIFF
KEVIN RAMBOSK - ADOPTED
MR. OCHS: Commissioners, that takes us to proclamations,
Item 4 on your agenda. Item 4A is a proclamation to honor in
memoriam Aubrey Rogers who died peacefully on the 10th of March.
To be accepted by Corporal Dan Rogers and Sheriff Kevin Rambosk.
And this item is sponsored by the entire Board of County
Commissioners.
Sheriff?
CHAIRMAN COYLE: And there's going to be a brief
Page 11
March 23,2010
presentation about Aubrey Rogers after the presentation of this
proclamation.
SHERIFF RAMBOSK: Yes, sir. Some comments from John
Norman, and then I'll introduce the slide show.
CHAIRMAN COYLE: Okay, good. Thank you very much.
Who else is going to be doing that?
MR. OCHS: Receive the proclamation.
CHAIRMAN COYLE: Are we going to read this proclamation
in addition on the presentation?
COMMISSIONER FIALA: Yes.
MR. OCHS: Yes, sir. I'd recommend that you do that.
CHAIRMAN COYLE: Okay, all right. I will now read the
proclamation.
Whereas, the history of Collier County is filled with individuals
who have made it their life's work to help in providing a legacy from
which the exponential growth that has been experienced become
sustainable and a springboard from which our excellent county
services owe their foundation; and,
Whereas, on Wednesday, the 10th of March, 2010, one such
individual, former Collier County Sheriff, Aubrey Rogers, died at the
age of 83, and in his passing, the community lost a true legend, true
colleague and friend to many in Collier County who have felt this loss
so deeply; and,
Whereas, after an early career in the Fort Myers Police Force, a
providential move for the Collier County happened in 1956 when
Aubrey Rogers moved to Everglades City to be the chief deputy to the
Collier County sheriff and was eventually appointed to the position of
sheriff in late 1975 and served with honor until 1988, having won
election three times; and,
Whereas, starting from a sheriffs office of only 163, Aubrey
Rogers increased the staff to nearly 700, brought the 911 system to the
county, youth relations deputies to the schools, helped develop the
Page 12
March 23, 2010
Junior Deputy League, all a basis for the excellent Sheriffs Office that
Collier County is so proud to be served by; and,
Whereas, the depth of gratitude Collier County holds for Aubrey
Rogers has manifested itself in a countywide expression of sadness on
his death, and with many stories being told of how lives were touched
by not only Sheriff Aubrey Rogers, but also the family man and
friend; and,
Whereas, this proclamation is given as a tribute to Aubrey
Rogers for giving of himself for so many years to the betterment of the
community of Collier County. The legacy Aubrey Rogers leaves us
can be seen and felt in many facets of life in the county, and our
heartfelt gratitude can be measured by the pride we have in the
Sheriffs Office.
Now, therefore, so let it be known, this day, 23rd March, 2010,
that the Board of County Commissioners recognizes the passing of
Aubrey Rogers, and with this loss of a true servant of Collier County,
and give grateful thanks that he chose the path of Collier County to
walk down in his life.
Done and ordered this 23rd day of March, 2010, Board of County
Commissioners, Collier County, Florida, Fred Coyle, Chairman.
I make a motion we accept this proclamation.
COMMISSIONER HENNING: Second.
COMMISSIONER FIALA: Second.
COMMISSIONER COLETTA: Second.
COMMISSIONER HALAS: Second.
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.
Page 13
March 23, 2010
CHAIRMAN COYLE: It passes unanimously.
(Applause.)
COMMISSIONER FIALA: Thank you for bringing this to our
attention. It was so nice of you.
CHAIRMAN COYLE: We need a picture, too.
SHERIFF RAMBOSK: May we invite the junior deputy team
members --
CHAIRMAN COYLE: Absolutely. You bet.
SHERIFF RAMBOSK: -- and the service members up, please?
CHAIRMAN COYLE: Invite them all, please.
John Norman is a junior deputy? He cannot be a junior deputy.
MR. NORMAN: I'm going to grow up.
COMMISSIONER HALAS: Did he pass a background check?
CHAIRMAN COYLE: Thank you very much.
(Applause.)
SHERIFF RAMBOSK: Mr. Chairman, I'd like to ask John
Norman to say a few words as a long-time friend.
MR. NORMAN: It's rare that I stop at a few words, but this
morning I promise to do that because there's a big agenda.
In 1962 I had the privilege of moving to Collier County, and one
of the first people I met when I got here was Aubrey Rogers, who was
-- I guess the highest thing you could say about Aubrey was he was
one of the last of the real good 01' boys, as the highest you could say.
Aubrey came in following a real cowboy sheriff. Some of you
knew Doug Henry. And Doug rode horses and did all sorts of things.
And Aubrey was the one that brought the Sheriffs Office into the next
century. Communications, the 800 trucking system, computers in the
cars. All the wonderful things that Aubrey quietly, in the background,
caused to take place.
And we couldn't have had a finer guy. I've had the privilege of
knowing the last four sheriffs. Hopefully this will be the last one that
I get to know. He'll be there forever.
Page 14
March 23, 2010
But Aubrey brought it into the next century. Aubrey was the right
sheriff at the right time. Don Hunter was the right sheriff at right time.
Kevin Rambosk is obviously the right sheriff to take us into the 21 st
century, and he's doing a wonderful thing.
But knowing Aubrey all those years -- and never seeing the guy
overly portentous about anything. He was just -- I guess when you get
back to the good 01' boy idea where he usually went someplace to find
grits and mullet on Friday, till he couldn't do that.
If the rest of the Sheriffs Office holds up to the traditions that
Aubrey Rogers started, it will be a hell of a Sheriffs Office, and it has
turned out to be just that.
And I really compliment Kevin on stepping in where he has now.
But there are some awful big shoes to fill, and I think he's going to do
it. Thank you.
(Applause.)
SHERIFF RAMBOSK: Mr. Chairman, we've put together a brief
slide show that we would like to offer in remembrance of Sheriff
Rogers.
(A DVD was shown.)
CHAIRMAN COYLE: Thank you very much.
(Applause.)
CHAIRMAN COYLE: A great tribute for a real legend. Thank
you very much. Good job.
Anything else?
SHERIFF RAMBOSK: No, sir.
CHAIRMAN COYLE: Okay. Thank you very much, Sheriff
Rambosk.
Item #4 B
PROCLAMATION DESIGNATING APRIL AS WATER
CONSERVATION MONTH. ACCEPTED BY CLARENCE
Page 15
March 23, 20] 0
TEARS, JR., DIRECTOR OF THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT'S BIG CYPRESS BASIN, PAM
LIBBY, WATER DEPARTMENT OPERATIONS MANAGER,
DANETTE HUFF, IRRIGATION QUALITY WATER MANAGER,
AND JOE BELLONE, UTILITY BILLING AND CUSTOMER
SERVICE MANAGER - ADOPTED
MR. OCHS: Commissioners, that takes us to Item 4B. It's a
proclamation designating April as Water Conservation Month. To be
accepted by Clarence Tears, Jr., Director of the South Florida Water
Management District's Big Cypress Basin; Pam Libby, Water
Department Operations; Danette Huff, Irrigation Quality Water
Manager; and Joe Ballone, Utility Billing and Customer Service
Manager.
This proclamation sponsored by Commissioner Halas.
(Applause.)
CHAIRMAN COYLE: I see Peter Lund is standing in for Joe
Ballone.
Peter, good morning. Thank you.
(Applause.)
Item #4C
PROCLAMATION DESIGNATING APRIL 10,2010 AS PAINT
OUR COUNTY PURPLE DAY AND RECOGNIZING RELAY
FOR LIFE DA YS IN GOLDEN GATE CITY AND OTHER DATES
THROUGHOUT COLLIER COUNTY. ACCEPTED BY ANN
GARDNER AND MICHELLE WILSON ~ ADOPTED
MR.OCHS: Item 4C is a proclamation designating April 10,
2010, as Paint Our County Purple Day and recognizing Relay for Life
Days in Golden Gate City and other dates throughout Collier County.
Page 16
March 23, 2010
To be accepted by Ann Gardner and Michelle Wilson.
This item is sponsored by Commissioner Henning.
(Applause.)
CHAIRMAN COYLE: Congratulations. Thank you.
(Applause.)
Item #4 D
PROCLAMATION DESIGNATING THE WEEK OF MARCH 22
THROUGH MARCH 26, 2010 AS THE 30TH ANNIVERSARY OF
KNOW YOUR COUNTY GOVERNMENT WEEK. ACCEPTED
BY ALEX BETHUNE AND ROSANA SANDOVAL - ADOPTED
MR. OCHS: Item 4D is a proclamation designating the week of
March 22nd through March 26,2010, as the 30th anniversary of Know
Your Government -- excuse me -- Know Your County Government
Week. To be accepted by Alex Bethune and Rosana Sandoval.
This item sponsored by Commissioner Coletta.
CHAIRMAN COYLE: Can we have all the members --
MR. OCHS: Yes, sir.
CHAIRMAN COYLE: -- come up and accept -- why don't you
all come up and get your picture taken.
MR. OCHS: Everyone please come on up and get your picture
taken. You'll have to squeeze together now. Get several rows.
Smaller people up front, smaller ones up front. There you go. Taller
ones behind. Squeeze in. You guys have to squeeze in so we can get
a picture. Very good.
MR. BETHUNE: Good morning. My name is Alex Bethune.
I'm a senior at Naples High School, and we have a short speech.
We wish to thank the County Commissioner (sic), the county
manager, and all participating county officials, the constitutional
officers, and adults from the 4H, the League of Women Voters, and
Page 17
March 23, 2010
the Collier County Public Schools, who have worked together to make
the Know Your County Government Program possible.
Twenty-eight teenagers from throughout the county are
participating this year representing Golden Gate, Palmetto Ridge,
Barron Collier, Naples, Gulf Coast, Corkscrew, Christian Academy, as
well as homeschooled children.
COMMISSIONER FIALA: No Lely?
MR. BETHUNE: Some things we would like to include --
MS. SANDOVAL: Okay. Good morning. My name is Rosana
Sandoval. I am a junior at Golden Gate High School. And what we
learned in this program was how our beautiful county, Collier County,
was formed. We also learned that you need to register at -- registering
to vote before you're 18 . We learned about the Domestic Animal
Service, diverse population.
And some things we were impressed about was the amount of
water we use in Collier County, the new emergency operations center,
and the chief department responsibilities.
Today we're looking forward to meeting the Clerk of Courts and
get a tour of the court's procedure. So we thank you, and thank you
for your support.
CHAIRMAN COYLE: Thank you for being here.
(Applause.)
Item #4 E
PROCLAMATION DESIGNATING MARCH 27,2010 AS
LEAGUE OF WOMEN VOTERS OF COLLIER COUNTY DAY.
ACCEPTED BY SANDY PARKER, PRESIDENT, LEAGUE OF
WOMEN VOTERS OF COLLIER COUNTY - ADOPTED
MR.OCHS: Item 4E is a proclamation designating March 27,
2010, as League of Women Voters of Collier County Day. To be
Page 18
March 23,2010
helped by Sandy Parker, president, League of Women Voters of
Collier County.
This item sponsored by Commissioner Fiala.
(Applause.)
MS. PARKER: Thank you so much for this honor. Again, I'm
Sandy Parker, President of the League of Women Voters.
As you've recognized, the League of Women Voters of Collier
County has been a proud member of this community for 35 years and
welcomed opportunities to work with elected officials for the benefit
of our citizens.
This is an important election for Collier Countians. There are
important local races for three school board members, and two County
Commission seats are up for election. Our state representatives are up
for re-election, as is one of our U.S. Senate seats.
Florida is unique in that our governor, attorney general, chief
financial officers, and commissioner of agriculture hold power not
only in their positions as individuals, but they jointly serve as the
Florida Cabinet where they have a wide range of duties. Each of these
seats is up for election as well.
The August 24th primary elections, the citizens of Collier County
will probably be selecting their new County Commissioners and
school board members. In addition, the parties will be selecting their
choices for the November 2nd general election.
Because Florida is a closed primary state, anyone wishing to
weigh in on the Democratic or Republican choice must be a member
of that party at least 29 days before the primary. And to do that, you
just have to go to colliervotes.com and register for a political party.
In closing, I would like to extend my personal thanks to each of
you for your service to Collier County, and I would especially like to
thank Commissioner Fiala, who has been a league member longer than
I have, for sponsoring this proclamation. I also would like to invite
the rest of you to join the league. Men are welcome, too.
Page 19
March 23, 2010
(Applause.)
COMMISSIONER HALAS: Thank you, Sandy.
Item #4 F
PROCLAMATION DESIGNATING APRIL 10,2010 AS BAY
DAYS/GREAT AMERICAN CLEAN UP DAY. ACCEPTED BY
RORY ADMUNSON, PRESIDENT OF THE KEEP COLLIER
BEAUTIFUL BOARD OF DIRECTORS, CHER COMPTON,
EXECUTIVE DIRECTOR OF KEEP COLLIER BEAUTIFUL AND
LARRY BERG, SR. DISTRICT MANAGER OF WASTE
MANAGEMENT OF COLLIER COUNTY - ADOPTED
MR. OCHS: Commissioners, that takes us to Item 4 F, which is a
proclamation designating April 10, 2010, as Bay Days, Great
American Cleanup Day. To be accepted by Rory Admunson,
President of the Keep Collier Beautiful board of directors; Cher
Compton, Executive Director of Keep Collier Beautiful; and Larry
Berg, Sr., District Manager of Waste Management of Collier County.
This item is sponsored by Commissioner Fiala.
(Applause.)
MR. BERG: Commissioners, we'd just like to thank you for this
proclamation. And we have a quick presentation.
Waste Management was able to work with Keep America
Beautiful. And we applied for a grant for Bay Days, which we
received a $5,000 grant to pay for expenses and everything that goes
along with this wonderful day that we're going to have here on April
10th. So we'd like to present that to Cher right now, if you don't mind,
right now.
We have a little big check.
(Applause.)
COMMISSIONER FIALA: Little big check.
Page 20
March 23, 2010
MR. OCHS: There you go.
MS. COMPTON: Oh, back, back, back.
(Applause.)
MS. COMPTON: Hi. I'm Cher Compton. I'm the Executive
Director of Keep Collier Beautiful.
Keep Collier Beautiful has been coordinating this event since '98,
and annually it brings out about 1,000 to 1,200 people on this one day
to do a cleanup of -- litter cleanup and marine debris all around Collier
County .
We really want to thank the commission for their ongoing
support. We especially want to thank Collier County Solid Waste
Management Department and, of course, Waste Management for their
support. Without them, we couldn't get this done. So thank you again.
(Applause. )
MR. OCHS: Mr. Chairman, if! could please get a motion for the
proclamations.
COMMISSIONER HENNING: Move to approve the remainder
of the proclamations.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Motion to approve all of the
proclamations by Commissioner Henning, 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.
MR. OCHS: Thank you.
CHAIRMAN COYLE: Passes unanimously.
Item #5A
Page 21
March 23, 2010
RECOGNIZING SAMANTHA MORAN, TRAINING
COORDINATOR, HUMAN RESOURCES DEPARTMENT AS
THE EMPLOYEE OF THE MONTH FOR MARCH 2010 -
PRESENTED
MR. OCHS: Commissioners, that takes us to Item 5,
presentations. 5A is a recommendation to recognize Samantha Moran,
training coordinator, Human Resources Department, as the Employee
of the Month for March, 2010.
Samantha?
(Applause.)
CHAIRMAN COYLE: A token of our appreciation. Thank you
very much. We appreciate the work you do.
MR. OCHS: Commissioners, I'm going to read a few things to
embarrass Sam, if I can.
Samantha has been an employee of the county for almost five
years working as the training coordinator in our Human Resources
Department. As our training coordinator, she goes above and beyond
to make the employees' training experience a positive one.
One of the courses that Sam leads several times throughout the
year is the International City Management Association Supervisory
Training Course. Through this ten-week course, she has successfully
mentored over 70 employees. The course covers all aspects of
supervision and teaches skills that supervisors need to deal with the
emerging trends in local government.
She leads her classes with confidence and enthusiasm and
inspires them to incorporate the policies and procedures they learn
into the workplace. She continues to be the go-to person for these
people, and she's always available to offer advice, innovative ideas,
and creative solutions to problems.
In addition, Sam has taken on many projects and tasks beyond
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March 23, 2010
her normal work responsibilities and is always willing to pitch in.
Sam is highly regarded and respected as a leader and a human
resources professional. The county is, indeed, fortunate to have such a
dedicated employee. And she's truly deserving of this award.
Commissioners, it's my honor to recommend the approval of
Samantha Moran as the Employee of the Month for March, 2010.
(Applause.)
MR. OCHS: Pam, congratulations.
MS. MORAN: Thank you.
COMMISSIONER FIALA: County Manager?
MR. OCHS: Yes, ma'am.
COMMISSIONER FIALA: Could we put the photos back up by
the elevator again for all of the Employees of the Month?
MR. OCHS: Certainly.
COMMISSIONER FIALA: Thank you very much.
MR. OCHS: You're welcome.
Item #5B
PRESENT A nON OF THE COLLIER COUNTY "BUSINESS OF
THE MONTH" AWARD TO PELICAN WIRE COMPANY FOR
MARCH 2010 - PRESENTED
MR. OCHS: Commissioners, Item 5B is a presentation of the
Collier County Business of the Month. Awarded to the Pelican Wire
Company for March, 2010, and we're pleased to have -- Ted Bill, the
president of Pelican Wire Company, will be taking a brief
presentation.
Good morning.
MR. BILL: Good morning, Commissioners.
CHAIRMAN COYLE: Good morning.
MR. BILL: As stated, my name is Ted Bill. I'm the president of
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March 23, 2010
the Pelican Wire Company. We are a local business -- excuse me.
I'm not familiar with this version of Power Point, sorry. How do I
get into presentation? Okay. Very good.
We're a local business started by my parents, Larry and Theresa
Bill. Larry worked for the -- a company called Claud S. Gordon
Company up in Richmond, Illinois. He was head of their application
engineering department. Saw a lot of opportunities come across his
desk that he was interested in pursuing that the Claud S. Gordon didn't
have any interest in.
So he made an arrangement with his -- with his employer to
purchase some equipment, hauled it off to his basement in Wonder
Lake, Illinois. And they always had a desire to move to Florida, so
they called it the Pelican Wire Company.
We had a chance to move down in the mid '70s. My grandfather
had bought a piece of retirement property down here, so they had
experienced the area and were very interested in Naples.
But, of course, moving in the mid '70s -- I was struck by the
presentation earlier about Audrey and sort of where this county has
come from and where it's grown from.
Taking your business out of the Midwest in the middle of that
industrial environment and moving to kind of the backwoods of
Southwest Florida was a little bit of a risk.
So being a good entrepreneur, Larry started a few other
businesses. He bought a Vespa scooter dealership and a Yazoo
lawnmower dealership and a Manco Go-Kart dealership. And of
course, none of those businesses made any money, but the wire
company continued to grow.
So over the '70s and '80s we expanded on to the building several
times that we started in. We bought several more pieces of property
out on Taylor Road and J&C Industrial Park. And then in 2004, we
had the opportunity to consolidate the business back down under one
33,OOO-square-foot building in White Lake -- White Lake Corporate
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March 23, 2010
Park.
And then on September 30, 2008, we converted the company
over to 100 percent employee ownership as an employee stock
ownership plan. And in January of this year, we received our ISO
9001 2008 certification.
So Pelican Wire Company, we insulate specialty wire products.
So you think about wire that's very, very fine. Stuff that's as fine as
the hair on your head. We put insulation on top of that wire.
We deal with very unique alloys. We deal with resistance wires.
So if you've ever looked down inside your toaster and seen that little
glowing element inside, that's a piece of resistance wire. So it's metal,
you run electricity through it, and it generates heat.
We also manufacture a product called thermocouple wire, which
is used for temperature measurement. We do this using a variety of
different manufacturing processes. We have three extrusion lines that
are set up for high temp thermoplastic, such as FEP, PF A.
We have a variety of different braiders where we insulate with
glass and Nomex, as well as do metal overbraid. We have a variety of
bunching and stranding equipment where we take multiple ends of
wire and kind of twist them all together to make one -- one solid wire
project, and we have a number of other manufacturing products. We
run taping machines, we run enameling lines, saturation lines, and all
this is for the purpose of manufacturing these miniature specialized
cables.
So some examples where our product has been used, we have a
number of heating products that are used for BIC and the Varicraft.
We have some wire that actually goes into the blades of the Black
Hawk helicopter.
We have heating elements that are used to warm up solutions, so
we have one particular product that goes to warm up the saline
solution that's used to flush out the joints in orthopedic surgery. We
have some thermocouple wire, very, very fine couple wire that's used
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March 23, 2010
to measure the temperature of the kidney in cancer treatment.
We have some ultra high-temperature insulations that are used
for measuring the temperatures of steel and aluminum during the
smelting process. And then we even have some -- just some simple
applications, resistance wires used to cut up styrofoam. So if you've
ever driven around through Port Royal and seen those beautiful
sculptures, usually those are styrofoam that gets cut out ahead of time,
and then they plaster over them. And our wire is used to actually
carve out the sculptures.
Just a few numbers for you. We have 48 employees. We've
developed over 3,000 custom wire products through the life of the
business. We have experienced annual double digit growths through
the -- through this last decade, with the exception of it 9/11; of course
everyone's favorite year, last year.
And just to give you some idea of where our products are
utilized. We sell primarily outside of Collier County, through the
United States; 91 percent of our sales are in the u.s. We have about 7
percent sales in the North American area, and then the rest of it is in
Asia and Europe, in the Middle East.
And I just want to say a couple of special thanks to some local
organizations. The Southwest Florida Worker -- Workforce
Development Board assisted us last year during the difficult economic
times with some really critical training that we needed for our
extrusion department. Jim Wall from the -- from that group was
instrumental in helping us secure a grant from the state, and it's been --
it's been paying dividends for us. We're now trying to expand our
extrusion department out to a 24/7 operation, and that training was a
key portion of what allowed us to get to this point.
I also want to recognize Florida MEP. There's a gentleman, Neil
Kagan, who's a local representative of Florida MEP. They helped us
secure, again, some state funding last year for the purpose of receiving
our ISO certification. I'm not sure that we would have been able to do
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March 23,2010
it last year in the economic times that we had without his assistance.
And I also want to thank Brooke Gabrielsen from the EDC of
Collier County. They have been just in continual contact with me
about all the different things that they're trying to do to improve the
business environment in Collier County and bring new businesses to
the area. The Project Innovation, I think, is a very important effort
that they are working on, and I hope that it has your support.
And that's it. Do you have any questions?
CHAIRMAN COYLE: Ted, I have a presentation to make to
you. I'd like to present you with a plaque for being selected as the
Collier County Business of the Month, and I'd like to congratulate you
and your family for the wonderful job you've done in making your
business a success.
Thank you very much for being here. And let me present this to
you.
MR. BILL: Thank you.
(Applause.)
CHAIRMAN COYLE: Thanks a lot.
MR. BILL: Thank you.
(Applause.)
COMMISSIONER FIALA: Where is Pelican Wire located?
CHAIRMAN COYLE: J&C.
Item #6A
PUBLIC PETITION BY MR. D.E. SMYLIE REGARDING
FUNDING FOR SIDEWALK EXTENSION - PRESENTED;
PETITIONER TO WORK THROUGH THE P A THW A YS
COMMITTEE
MR. OCHS: Mr. Chairman, Commissioners, that takes us to
Item 6 on your agenda, public petitions.
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March 23,2010
6A is a public petition request by Mr. D.E. Smylie regarding
funding for sidewalk extension.
MR. SMYLIE: Good morning.
CHAIRMAN COYLE: Good morning.
MR. SMYLIE: My name is Doug Smylie, and I'm here to
present a petition on behalf of the communities of Timberwood of
Naples and the World Tennis Center, representing some 476
residences.
And this is a petition to extend the sidewalk on the east side of
the canal along Airport-Pulling. And here we show the sidewalk, the
existing sidewalk, walking south from the Carillon Place shopping
center. It's a beautiful sidewalk meandering between the east side of
the canal and the Banyan Woods. But this sidewalk suddenly ends at
the Timberwood development, and our petition is to extend this
beyond the Timberwood development to the World Tennis Club.
The sidewalk already exists from Pine Ridge to Timberwood on
the east side of the canal, and this would involve extending it another
1,420 feet to the World Tennis Club along the canal right-of-way as
shown below.
On the question of cost, at the Transportation Planning
Department rate of8.75 per square foot, the cost would be $74,550.
But we've already prepared the engineering drawings, performed the
application procedure for a right-of-way permit from the South Florida
Water Management District. This application procedure took nearly
nine months, with the permit being received on January 5th, and so we
are shovel ready.
This work has dramatically lowered costs with current bids
coming in at 3.50 per square foot, for a total cost of 29,820.
So our proposal is to -- for a six-foot-wide, six-inch-thick
concrete sidewalk to the southwest -- South Florida Water
Management District requirements, meandering gentle curves of the
four-foot setback from the canal, and a two-foot setback from the
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March 23, 2010
right-of-way boundary.
We propose that Collier County fund the project at a limit of
30,000, payable on completion, with the sidewalk being the property
of Collier County and that it be a public thoroughfare.
The sidewalk will give access to shopping and other facilities
without the need to cross Airport-Pulling Road. This is a very
dangerous crossing for the disabled due to fast traffic lights and very
heavy traffic.
Pictured below is a very distinguished member of the World
Tennis Club ready to go on the new sidewalk with his new electric
wheelchair.
If we look at the safety of school children, children from
Timberwood, the World Tennis Club, and other communities go to
school together and visit back and forth. There's no traffic light at
Timberwood. A sidewalk along the canal, away from the heavy
traffic on Airport-Pulling, would improve the safety of all school
children.
There are six bridges across the canal from Pine Ridge to the
WTC. Three of the bridges are from Carillon Place shopping center.
Three more are at Banyan Woods, Timberwood, and the WTC.
Currently there are Collier Area Transport (sic) stops in the middle
bridge of Carillon shopping and near the WTC entrance. Further stops
could be provided at Banyan Woods and Timberwood.
In conclusion, we thank the commissioners for their time and
attention. And we leave with you a petition signed by the residents of
Timberwood and the World Tennis Club for your consideration.
We look forward to working together and your financial support
to bring the sidewalk extension to fruition. Our property manager is
Mr. Ethan Loschiavo, point of contact with the project. I'll leave his
business card with Samuel (sic) Tucker and Commissioner Coyle.
Here are the signed petitions.
CHAIRMAN COYLE: Okay. Thank you, Mr. Smylie.
Page 29
March 23, 2010
Commissioner Fiala, you have a question?
COMMISSIONER FIALA: No, that was from the last one.
CHAIRMAN COYLE: Oh, was it?
Commissioner Halas?
COMMISSIONER HALAS: Yes. Maybe someone from MPO
or from pathways could help me address this concern. I believe this
was on the Pathways Committee study. And if someone could fill us
in in regards to where this project lies.
Everybody is looking for sidewalks. And, of course, I think this
is categorized. We even have a commissioner on this dais who's
looking for money for his roads. What do they call those roads there,
Commissioner?
CHAIRMAN COYLE: Limerock roads.
COMMISSIONER COLETTA: An absolute disaster is what you
call them.
COMMISSIONER HALAS: There's only a small pot of money,
but a lot of -- a lot of requests for sidewalks and roads.
So Phil, if you could fill us in.
MR. TINDALL: Yes. Good morning, Commissioners. For the
record, Phil Tindall, Collier MPO Director.
Mr. Smylie gave us a very thorough presentation at a previous
Pathways Advisory Committee meeting. He's attended a couple
meetings where we've had discussions about their proposed project.
We -- we -- when I say we, I'm talking about the Pathways
Advisory Committee, as chaired by Mr. Joe Bonness, who's here as
well. We seriously considered all the issues as presented by Mr.
Smylie. After that, we advised that there were serious considerations
with their proposal that we were concerned about, mainly having to do
with Americans with Disabilities Act. This proposal for a 1,420-foot
extension is not, for one thing, consistent with the Collier MPO's
Comprehensive Pathways Plan.
What's called for in that plan is a 2.6-mile facility that extends
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March 23, 2010
from Golden Gate Parkway to Pine Ridge Road. And if we build this,
it would have to be compliant with Americans with Disabilities Act,
which means we would have to bring the entire facility that extends all
the way from Timberwood to Pine Ridge Road into full ADA
compliance.
In the photos in Mr. Smylie's slide show, there where a number
of very attractive segments of the sidewalk that were presented. But
I've been out there myself, and there are a couple places, especially in
front of Carillon Plaza, where that sidewalk, as it currently exists, is
not consistent with ADA. There are serious cracks and defects. And
there's one spot in particular where it drops off more than four inches.
So that entire facility would have to be brought up to ADA
compliance.
There's no way, ifthe county were to take this on, if we could
even convince FDOT to allocate federal service transportation dollars,
which funds the pathways allocations for this project -- there's no way
we could limit it to 1,420 feet, even if we were to do it at less than
what was fully called out for in the -- in the Comprehensive Pathways
Plan.
There's also the issue with transit stops. Obviously the existing
facility was built before we had a transit system, but we do have one
now. And we're required, any time we federalize a project, make it a
county facility, to bring the facility up into full compliance with ADA,
which means make it fully accessible to the bus stops along the way.
The current bus stop in front of the World Tennis Club is really
just a sign posted on a light pole, and that's not ADA compliant. It
would have to be made so that that sidewalk is somehow extended to
where someone using the facility can get to the -- to the transit stop
and be made in such a way that it's fully accessible without any
limitations for people with disabilities.
So there are a number of issues we are very concerned about,
mainly with regard to ADA, with this particular proposal. And if we
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March 23,2010
were to build it, Collier County would be most advised to build a
facility, rather than on the east side of the canal, on the west side so
that we -- it can be a facility that can be fully extended to the project
limits that were called for in the Comprehensive Pathways Plan again,
from Golden Gate Parkway to Pine Ridge Road.
CHAIRMAN COYLE: Oh, I'm sorry. Go ahead.
COMMISSIONER HALAS: So this means, if they want to build
a sidewalk, they have the abilities to build a private sidewalk or to
build a sidewalk in front of their communities there, correct, on their
own?
MR. TINDALL: Absolutely. That's something they certainly
have the right and the ability to do if they are able to obtain the
necessary permits. It's something they could probably do at much less
expense than the county would be able to, either using county
payment in lieu, pathway dollars, or federal funding.
COMMISSIONER HALAS: So basically right at the present
time this proposed sidewalk that they want to have built does not meet
ADA requirements, and it doesn't meet the standards as far as getting
people to bus shelters or bus stops along the way, correct?
MR. TINDALL: That's correct, Commissioner.
COMMISSIONER HALAS: Okay. Thank you very much.
CHAIRMAN COYLE: Mr. Smylie, I'll give you a chance to
make an additional statement in just a second, but we need to pursue
this a little bit.
So you're telling us that the community can build a sidewalk that
is not ADA compliant?
MR. TINDALL: I think it would be -- for the World Tennis
Club, it would be the cost of about $80 per resident at -- based upon
the --
CHAIRMAN COYLE: Well, wait a minute.
MR. TINDALL: -- estimate that Mr. Smylie provided.
CHAIRMAN COYLE: What I want to clarify is that the privaten
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March 23, 2010
community can build something that is not ADA compliant. Is that
permitted?
MR. TINDALL: I can't say that with absolute certainty, but I do
know for sure that a government entity cannot.
CHAIRMAN COYLE: Okay. County Attorney, do you have
any knowledge about this?
MR. KLATZKOW: I'm rather dubious of that, but if the board
wants to bring this back, we can flesh that out.
CHAIRMAN COYLE: Well, why don't we -- well, is there
interest in the board bringing it back at least from the standpoint of
clarifying the issue of whether or not it's possible even to build a
non-ADA compliant sidewalk on that side of the street?
Mr. Smylie, I'll ask you one question. We don't generally extend
the presentations, but I will ask you to clarify Mr. Tindall's statement,
or at least give us an understanding of what your position is.
MR. SMYLIE: The sidewalk, as permitted by the South Florida
Water Management District, is ADA compliant. And I brought a
couple of extra slides to answer the question of the bus stops for the
disabled. This shows a picture of the existing bus stop in front of the
World Tennis Club, which Mr. Tindall is referring to. And as you can
see, the -- it's on grass. There's basically nothing but a sign taped on a
pole; however, if you go up to the north side of the Timberwood
entrance, you'll see a very nice sidewalk already installed there where
there could be a bus stop, and it would take very little work to make
the -- that ADA compliant. But the sidewalk extension itself would be
ADA compliant as permitted.
CHAIRMAN COYLE: Okay.
MR. SMYLIE: Truncated--
CHAIRMAN COYLE: Mr. Smylie, our job today is not to
design the sidewalk. And all we're trying to do is see if we've got
enough commissioners who will agree to bring this back for a full
hearing so that we can get all those questions answered. And we have
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March 23,2010
a couple of commissioners who have additional questions.
Commissioner Henning?
COMMISSIONER HENNING: I'm trying to look up in the code
-- but I do remember those facilities, whether they're public or private,
need to be ADA compliant. And they do? Thank you. According to
our Land Development Code. So that answers the question.
CHAIRMAN COYLE: Okay. They do have to be ADA--
Commissioner Halas, do you have anything more?
COMMISSIONER HALAS: Yeah. My understanding is that
this was well vetted with the Pathways Committee. And I know that
they're in the queue someplace, but they're not probably where they
would like to be. But obviously there's a lot of sidewalks that need to
be built in this community.
So I go along with the study that the Pathways Committee -- they
spend a lot of time and energy in regards to where sidewalks need to
be addressed. And I feel that at this point in time the information that's
been given to me through the MPO director at our MPO meetings in
regards to pathways, that we need to keep everybody in the queue that
they've been placed in because this has been an ongoing study by the
Pathways Committee. So that's where I stand on this issue.
CHAIRMAN COYLE: Mr. Casalanguida, you had something
you wanted to add?
MR. CASALANGUIDA: Good morning, sir. For the record,
Nick Casalanguida.
What Commissioner Halas pointed out is primarily the argument
that we want to just bring forward. You have many projects that come
before you, and we have a pathway advisory committee that's an
unbiased group that regulates and says what priority they're to be in.
I'm sure if the folks from Immokalee or Golden Gate City or City
of Naples could come up and make presentations to you at the board
meeting, they would say, we have worthy projects ready to go. That's
why we kind of take it out of our hands and give it to the Pathway
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March 23, 2010
Advisory Committee and say, can you categorize these and rates these
projects in a priority order. We follow that rating system so that we
kind of stay out of this argument in the public forum as much as we
can.
CHAIRMAN COYLE: Okay. Thank you very much.
Anyone wish to bring this back for a future hearing?
(No response.)
CHAIRMAN COYLE: Sorry, Mr. Smylie. We're going to have
to work through the Pathways Committee on the MPO. Thank you
very much.
Item #6B
PUBLIC PETITION BY MR. KENNETH THOMPSON
REGARDING VARIOUS NEIGHBORHOOD ISSUES ~
PRESENTED
MR. OCHS: Commissioners, that takes you to Item 6B, which is
a public petitions request by Mr. Kenneth Thompson regarding
various neighborhood issues.
Hi, Ken.
MR. THOMPSON: I just want to say that -- Leo, if you show
them pictures. These pictures here are this neighborhood I live in. I'm
telling you, it's nothing but dogs, I mean this big, running loose.
And you can see here, this is boat trailers over there. The one on
the far side as Donna Fiala. She is in that tax bracket, the same thing
as we are. She had a light pole put in her yard with a transformer on
it. She got a free pole light. I tried to get a free pole light. I get the
runaround. That's okay. I'd rather have Donna pay for my damn light
anyway (sic).
But all of that mess on there, right there -- there's a 47- foot boat
in her driveway down there. All of this is Shoreview Drive. That's the
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March 23,2010
corner of Becca and Shoreview Drive -- or Becca and Bayshore --
Shoreview and Bayshore right there. Sit there for two months. I tried
to get it moved. You can't get it moved.
Finally, one lady came out there, and they had them remove it,
but it just keep -- you move it. They put it back. They just keep on
and on.
And this was this weekend. Every sign from Bayshore Drive to
Pine Street, from Pine Street to Jackson, Washington, and Palm Street,
was just like this, twice. You stick it up near me, I'll tear it down,
because I don't care for it.
And this is the boat isles across the street from me up at the top.
It's just piled full of boats out front. They moved them. By the time
they move them, they move them right back.
And this is -- see the big dogs going down the sidewalk there?
They look like donkeys they're so big. I ain't seen a dog that damn
big. There are three of them. And there they are again. Look, see all
them people over there with dogs?
And this is Tom Russo's wife in the bottom letting her dog run
loose all over the place. Then I ask her, why you way over here for?
She says, oh, I come to talk to you. Tom Russo don't never do nothing
wrong. Well, I got it right here that he does a lot wrong, a lot wrong.
And that one is your boat again. They keep putting them back.
Every time -- this is right in front of me. It's the most disgusting est
(sic) thing I ever seen in my life.
And my wife -- this one's over there in -- on Weeks Avenue, a
whole field full of nothing but boats, belongs to the Krum. And you
say you can't do nothing about it. Well, I say you can because code
enforcement started to do it.
But if code enforcement moves them and then they put them
back, I think you ought to charge them $10,000 a damn boat and teach
them a lesson. This is the way this town ought to be run. And quit
foolin' with these people. Because I keep a good place, and I enjoy
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March 23,2010
living there, but I'm attempting to leave now because my health has
got so bad.
But this is pictures that somebody needs to do something with.
And the other one, just -- yeah, that one. And this one is your all-time
buddy. This one is -- this one. I think before anybody done anything
to me, these people do -- came out there taking pictures of me, my
property, and all kinds of stuff. There's -- there he is in my yard right
there. This guy here. You knew him very well. I know you do.
And there is John Hall and this guy. You'll see code enforcement
backed up in this driveway right there. That's code enforcement
backed up in his driveway. They put cameras up. I'm not stupid,
because the truck was there, and I took the pictures.
But it just get -- it got so bad. They kept throwing things in my
yard and they were dirty and I would pick them up. And then I got the
cops to picking up the stuff.
I got a bad disease from this man, and it's a costing me so much
money a month. You won't believe what it costs me. I get 90 pills in
one bottle, 60 pills in another, and 30 in another one, and I'm already
floating in pills, and you won't believe what it costs. And Sam's
pharmacy did me a favor. They took $90 off, $100 off of it.
But this is the most ridiculous -- I don't fit. I want to show you
something. This is all of it right -- I ought to give it to you. It's the
most ridiculous damn thing I've ever seen.
And that EMS, constantly, up and down the street all night long
blowing the horns and carrying on. You follow them. They're not
going anywhere. They're not going nowhere.
This is the beginning of this man's record, Conley. He's been in
every jail from Naples PD. They put him in the Collier County Jail.
They beat the hell out of him, liked to kill him. He got out. And this
goes on and on and on. I don't know where it ends back here.
He's been in Tallahassee, been in every jail there, Chattahoochee,
you name it. There ain't a jail in Punta Gorda, there ain't a jail in the
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March 23,2010
State of Florida that he hasn't been in. And then they put him there to
harass me. It didn't go down too good with me. I'll tell you that.
And the cameras, every one of these cameras was put up by code
enforcement. I'm telling you they were. And it just -- I got a lawyer,
and I don't know. I done everything in the book, I had him
investigated, and it just -- there ain't enough time to read his record of
what this man has done to me.
CHAIRMAN COYLE: Mr. Thompson, your time has expired.
Thank you very much.
MR. THOMPSON: Okay. I appreciate you, and I thank you
very much.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: Yes. I see Diane Flagg sitting in
the back there, and I just have a few questions to ask Diane Flagg in
regards to some of the pictures that Mr. Thompson presented here with
the boat trailers and trailers here.
Has there been anything done in the course of addressing these
issues?
MS. FLAGG: Good morning, Commissioners. Diane Flagg,
Director of Enforcement.
Each of the items that Mr. Thompson has reported we've sent
investigators out and had them addressed. What I will do is take a
look at these pictures, make sure that the issues have been addressed
and that we've -- that they've been reported.
COMMISSIONER HALAS: Okay.
MR. THOMPSON: You want them, ma'am?
COMMISSIONER HALAS: There's also been accusations that
code enforcement's got cameras up in this neighborhood.
MS. FLAGG: No, sir.
COMMISSIONER HALAS: Okay, thank you.
COMMISSIONER FIALA: Let me ask. Has code enforcement
ever put a camera anyplace?
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March 23, 2010
MS. FLAGG: No. No, ma'am.
COMMISSIONER FIALA: Thank you.
CHAIRMAN COYLE: Thank you.
MS. FLAGG: Thank you.
Item #9 A
RESOLUTION 2010-64: RE-APPOINTING ROY A. WILSON
AND LARRY JOE PATTON TO THE HALDEMAN CREEK
MAINTENANCE DREDGING ADVISORY COMMITTEE-
ADOPTED
MR. OCHS: Commissioners, that takes you to Item 9, Board of
County Commissioners on your agenda.
9A is appointment of members to the Haldeman Creek
Maintenance Dredging Advisory Committee.
COMMISSIONER HENNING: Move to approve Roy Wilson
and Larry Patton.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Motion to approve Roy Wilson and
Larry Patton by Commissioner Henning, seconded 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: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: It passes unanimously.
Page 39
March 23, 2010
Item #9B
RESOLUTION 2010-65: APPOINTING DR. JOSEPH NEIWEEM
TO THE COLLIER COUNTY CITIZENS CORPS - ADOPTED
MR. OCHS: 9B is appointment of member to the Collier County
Citizens Corps.
COMMISSIONER FIALA: Motion to approve Dr. Joseph
Neiweem.
COMMISSIONER HENNING: Second.
CHAIRMAN COYLE: Motion by Commissioner Fiala to
approve Dr. Joseph Neiweem, and seconded by Commissioner
Henning.
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.
Item #9C
RESOLUTION 2010-66: APPOINTING JOHN CHANDLER AND
JOHAN DOMENIE AS RESIDENTIAL REPRESENTATIVES;
APPOINTING HUNTER HANSEN (TERM ENDING 2014) AND
JOHN BARON (TERM ENDING 2013) AS COMMERCIAL
REPRESENTATIVES TO THE PELICAN BAY SERVICES
DIVISION BOARD - ADOPTED
Page 40
March 23, 2010
MR. OCHS: 9C is appointment of members to the Pelican Bay
Services Division Board.
COMMISSIONER HENNING: Motion to approve John --
COMMISSIONER HALAS: John--
COMMISSIONER HENNING: -- Chandler and John Domenie.
And we also need a commercial?
CHAIRMAN COYLE: Two commercials actually.
MS. FILSON: We need two commercials, but on the commercial
COMMISSIONER HALAS: Hunsle Hanner (sic) and John
Barton.
MS. FILSON: But they both got identical amount of votes, so
what we need to do is appoint one till 2014 and one till 2013 and, just
so that you know, Hunter Hansen currently serves on a board.
COMMISSIONER HALAS: Right. That's the man who should
be on there.
CHAIRMAN COYLE: Okay.
MS. FILSON: So you're saying--
COMMISSIONER HALAS: Hunter Hansen.
COMMISSIONER HENNING: For 2014, and then John Baron
for 2013.
MS. FILSON: Is that--
CHAIRMAN COYLE: You want Hunter Hansen to serve on the
longer period of time, right?
COMMISSIONER HALAS: Yes, I do.
CHAIRMAN COYLE: Okay. Then I think we've got it right.
COMMISSIONER HENNING: My motion recognizes that.
CHAIRMAN COYLE: So I'll repeat the motion. The motion by
Commissioner Henning to appoint John Chandler and John Domenie
for -- representing the residential, and then Hunter Hansen for the
2014 term and John Baron for the 2013 term. It is -- motion made by
Commissioner Henning, seconded by Commissioner Halas.
Page 41
March 23,2010
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 opposition, by like sign?
(No response.)
CHAIRMAN COYLE: It passes unanimously.
Item #9D
RESOLUTION 2010-67: APPOINTING HERMINIO ORTEGA TO
THE COLLIER COUNTY CODE ENFORCEMENT BOARD -
ADOPTED
MR. OCHS: Item 9D is appointment of member to the Collier
County Enforcement Board.
COMMISSIONER HENNING: Move to approve Hermino (sic)
Ortega, Herminio Ortega.
CHAIRMAN COYLE: Okay. Motion by Commissioner
Henning for Herminio Ortega.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Is there a second? Second by
Commissioner Fiala.
Okay. Commissioner Coletta agrees with that, I think.
COMMISSIONER COLETTA: I agree, accept.
COMMISSIONER FIALA: Okay.
CHAIRMAN COYLE: Okay. All in favor, please signify by
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March 23,2010
saymg aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: It passes unanimously.
Item #9E
RESOLUTION 2010-68: RE-APPOINTING HELEN CARELLA TO
THE RADIO ROAD BEAUTIFICATION ADVISORY
COMMITTEE - ADOPTED
MR. OCHS: 9E is appointment of member to the Radio Road
Beautification Advisory Committee?
COMMISSIONER HENNING: Move to approve Helen Carella.
CHAIRMAN COYLE: Okay. Motion by Commissioner
Henning for Helen Carella.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: A second by Commissioner Coletta.
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.
Item #9F
Page 43
March 23, 2010
RESOLUTION 2010-69: URGING LOCAL RETAILERS SELLING
TOBACCO PRODUCTS TO REFRAIN FROM SELLING AND
MARKETING FLAVORED TOBACCO PRODUCTS WHICH
TEND TO PROMOTE AND INFLUENCE UNDERAGE AND/OR
YOUTHFUL CONSUMPTION - ADOPTED
MR. OCHS: Commissioners, 9F was moved at Commissioner
Coletta's request previously. It was Item 16H8. That is a resolution
by the Collier County Board of County Commissioners urging local
retailers selling tobacco products to refrain from selling and marketing
flavored tobacco products which tend to promote and influence
underage and/or youthful consumption.
COMMISSIONER COLETTA: Thank you very much, Leo.
I'd like to call up Ms. Michere (phonetic) Matthews, who's a
student of Palmetto Ridge High School. She's a Student Working
Against Tobacco, which stands for SWAT.
Yes, thank you very much for being here. Go ahead, make your
presentation. Then please come up front and we'll take a picture.
MS. MATTHEWS: Okay. My name is Michere Matthews, and
I'm here on behalf of Palmetto Ridge's SWAT program. And we'd
like to thank the members of this County Commissioner's board for
passing this resolution that will save lots of kids in my generation and
generations to come.
According to statistics, tobacco use is the number one cause of
preventable death in the United States, and almost 90 percent of
tobacco users started before they were 18 years old.
By passing this resolution, it will send a direct message to
tobacco companies, telling them that our county, and ultimately our
state, will no longer tolerate these companies marketing to the youth
of Florida.
I would also like to thank the members of this board for
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March 23, 2010
supporting the SWAT program to ensure that maybe in the future
there will be a total ban on the sale of any and all tobacco products.
By passing this resolution, they are helping to fulfill the goal that
our SWAT program has had since the beginning of the current school
year this past August. Weare happy to get this resolution passed
today because it will help cut down the number of teenagers that
smoke for the first time and then later become regular daily smokers.
This will be a sign to the powers that be in the tobacco industry that
their tactics won't be allowed to lure teenagers to smoke their
candy-flavored tobacco.
Today, before I leave this podium, I would like to, again,
emphasize my gratitude and say that I hope this board continues to
help the SWAT program achieve our goals. Thank you.
COMMISSIONER COLETTA: Thank you very much.
(Applause.)
COMMISSIONER COLETTA: Please come up. And would
other members of the SWAT team also come up.
UNIDENTIFIED SPEAKER: This is our board of the
candy-flavored tobacco that exists in Collier County.
CHAIRMAN COYLE: Good grief.
COMMISSIONER COLETTA: I hope we get enough attention
on this.
CHAIRMAN COYLE: I'm hungry.
COMMISSIONER COLETTA: Once again, what we're doing is
asking the stores around here to voluntarily abstain from selling this.
COMMISSIONER FIALA: Good.
COMMISSIONER HALAS: Voluntarily, I don't know.
CHAIRMAN COYLE: There's no legal reason -- way to stop
them?
COMMISSIONER COLETTA: You could use a gun.
CHAIRMAN COYLE: That's not a bad idea.
(Applause.)
Page 45
March 23,2010
COMMISSIONER HALAS: I have a question.
CHAIRMAN COYLE: Commissioner Halas has a question.
COMMISSIONER HALAS: Yes. This is for the county
attorney. Is there any way that we can write an ordinance in regards
to making sure that these candy-flavored tobaccos are not sold here in
Collier County?
MR. KLATZKOW: No. That would violate the U.S.
Constitution.
COMMISSIONER HALAS: Okay, thank you.
COMMISSIONER COLETTA: If I could. Sir? With your
permiSSion.
CHAIRMAN COYLE: Oh, yes, by all means. Anything you can
do to get this moving along.
COMMISSIONER COLETTA: What I'd like to do is next year
have this commission entertain the idea of putting this on our
legislative objectives for the following year to have that. It should be
a state effort, and I'm sure if we brought it forward and we support our
local effort, we probably could move it through the Florida
Association of Counties.
COMMISSIONER FIALA: Excellent idea. I'm for it.
CHAIRMAN COYLE: We could also encourage picketing of
those stores that sell that sort of stuff. Picketing has been a fairly
effective way of accomplishing change in other cases. So you might
give some consideration to that. Commissioner Coletta will be happy
to help you. No, I'm serious. He is a great community organizer.
COMMISSIONER COLETTA: Well, they call me a political
activist, so just call on me if you'd like to do it. I would enjoy
. . .
swmgmg some signs.
THE AUDIENCE: Thank you.
MR. OCHS: Commissioners, would you like to take a--
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: If it's unconstitutional -- we
Page 46
March 23, 2010
should not support anything that is unconstitutional as far as
legislation.
CHAIRMAN COYLE: We didn't take a motion on it.
COMMISSIONER HENNING: Okay.
CHAIRMAN COYLE: That's okay.
COMMISSIONER COLETTA: You're still fine.
CHAIRMAN COYLE: But you can -- you're right if -- your first
amendment right to be able to protest is protected under the
Constitution. So if you make an extra sign up for me, I'll be happy to
Jom you.
THE AUDIENCE: Thank you, Commissioner Coletta.
Thank you.
CHAIRMAN COYLE: Thank you.
MR. OCHS: Mr. Chairman, could we get a motion on that item
since it was --
CHAIRMAN COYLE: Get a motion to recognize the
proclamation.
COMMISSIONER HENNING: Second.
MR. OCHS: Resolution, sir.
CHAIRMAN COYLE: The resolution, okay.
COMMISSIONER HALAS: So moved.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Okay. I think Commissioner Coletta
already made a motion to --
COMMISSIONER HALAS: I'll second it.
CHAIRMAN COYLE: -- approve it. Seconded by
Commissioner Halas.
All in favor, please signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
Page 47
March 23,2010
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: Okay. Thank you very much.
COMMISSIONER FIALA: Thanks for being here and taking
this initiative.
THE AUDIENCE: Thank you.
COMMISSIONER COLETTA: Good work.
CHAIRMAN COYLE: Yeah, good luck.
Is this going to take long, this next item?
MR. DeLONY: No, sir.
CHAIRMAN COYLE: Okay. You've got nine minutes max.
COMMISSIONER FIALA: Look at DeLony.
Item #IOA
CONSTRUCTION CONTRACT (BID #10-5446) TO D.N.
HIGGINS, INC., IN THE AMOUNT OF $8,683,000.00; AWARD A
PRE-NEGOTIATED DIRECT PURCHASE ODOR CONTROL
PACKAGE IN THE AMOUNT OF $1,310,229.00 TO SIEMENS;
AMEND ENGINEERING SERVICES WORK ORDER HS-FT-
3785-07-03 FOR INITIAL CONSTRUCTION ENGINEERING
AND INSPECTION SERVICES IN THE TIME AND MATERIALS
NOT TO EXCEED AMOUNT OF $300,000.00; AND THE
NECESSARY BUDGET AMENDMENT FOR THE NORTH
COUNTY WATER RECLAMATION FACILITY COMPLIANCE
ASSURANCE PROJECT, PROJECT NUMBER 73950.1. -
APPROVED
MR. OCHS: We can make that happen, sir.
This is Item lOA, and it's a recommendation to award a
construction contract and other associated purchases necessary to
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March 23,2010
proceed with the North County Water Reclamation Facility
compliance assurance project.
Mr. Pete Schalt is prepared to present or answer questions.
Whatever the board prefers.
CHAIRMAN COYLE: Commissioners -- Commissioner Halas
has a question.
COMMISSIONER HALAS: I don't have a question. I just want
to say that I'm in support of what they're doing here. There's been in
the past concerns with the neighborhood in regards to odors and so on,
and I think that we need -- the Utilities Department always has a
good-neighbor policy, and I believe this is the right direction to
address all these issues.
And the other issue is the lining of the ponds. I've been there a
number of times, and this is a good project, and I think it needs to go
forward.
COMMISSIONER FIALA: Is that your motion?
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HALAS: And that's my motion.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Okay. And Commissioner Henning?
COMMISSIONER HENNING: Well, if we have an odor
problem, then we need to address it. But I just don't remember it
being in the consent order from DEP of, what was that, 2001.
MR. SCHALT: 2001, sir, yes. Part of the consent order was
related to odors. That is a compliance issue. And we've met with
them quarterly ever since they lifted the consent order in 2006, and
they're in full support of this program.
COMMISSIONER HENNING: Okay. So the consent order is
lifted?
MR. SCHAL T: Yes.
COMMISSIONER HENNING: So it's really not a compliance
thing; it is something that we need to do anyways?
Page 49
March 23, 2010
MR. SCHALT: It's a good-neighbor policy, but it's also a
regulation that we control odors off site.
COMMISSIONER HENNING: Yeah, that's a -- a Florida
policy.
MR. SCHAL T: Yes, sir.
COMMISSIONER HENNING: Okay. Thank you.
CHAIRMAN COYLE: Okay. We have a motion by
Commissioner Halas for approval, seconded by Commissioner Fiala.
Is there 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 is approved unanimously.
MR. SCHAL T: Thank you, Commissioners.
COMMISSIONER FIALA: Look at DeLony. He almost did a
dance.
CHAIRMAN COYLE: Now we have six minutes.
Item #lOB
THE FIRST ANNUAL REPORT ON THE IMP ACT FEE
PROGRAM FOR EXISTING COMMERCIAL REDEVELOPMENT
- MOTION TO ACCEPT REPORT AND FOR STAFF TO BRING
BACK A COMPREHENSIVE REPORT WITH CHANGES TO
THE PROGRAM - APPROVED
Page 50
March 23, 2010
MR. OCHS: Okay. Let's go to lOB. That's a recommendation
to accept the first annual report on the impact fee program for existing
commercial redevelopment.
Ms. Amy Patterson will present. You have six minutes, Amy.
MS. PATTERSON: We have two speakers on this.
MR. OCHS: Two speakers, okay.
MS. PATTERSON: Good morning.
CHAIRMAN COYLE: Good morning, Amy. How are you
today?
MS. PATTERSON: Good, thank you. Amy Patterson, Impact
Fee Manager, for the record.
I'm here at the direction of the board to present the first annual
report on our impact fee program for existing commercial
redevelopment.
I have a brief presentation that I could pull up, or if you want to
go directly to questions. I know we also have two speakers.
CHAIRMAN COYLE: Well, we have couple of questions by
commissioners, but I would particularly like for you to brief the
commissioners and the public on the great success of this program, the
number of companies that have taken advantage of it in the relatively
short period of time this opportunity has been available.
MS. PATTERSON: Certainly.
CHAIRMAN COYLE: It is even better than I had originally
been told.
MS. PATTERSON: It has actually been a very successful
program. To date we've had 40 participants that have been approved
into the program; 20 of those being new businesses, and 20 being
existing businesses that have expanded into a bigger space or found a
new location.
We did track particulars about the program because of questions
by the board, would this cause people to leave existing space to find
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March 23,2010
space because of this program? And the answer, overwhelmingly,
was no. Maybe they found better rent, but a lot of people that came to
us didn't know about the program. But when we explained the
situation that, had it not been for the program that they would owe a
lot of impact fees, they overwhelmingly answered that without the
program, they would not have been able to move forward with their
business either to relocate or to open their new business.
CHAIRMAN COYLE: Now, you said it was evenly split
between companies that merely expanded and companies that were
opening new businesses?
MS. PATTERSON: Correct.
CHAIRMAN COYLE: So that would have been about 20 each.
MS. PATTERSON: Twenty each.
CHAIRMAN COYLE: Okay, good. Thank you. Good.
Commissioner Halas?
COMMISSIONER HALAS: I think this is a great program. The
only concern that I have is some of the requirements of the -- of
industrial buildings, such as changing their mode of operation from
general office, let's say, to medical office and how that will impact the
community as far as traffic, and especially if we're into some areas
like a TCMA.
And I know this is only a two-year program, but we have to look
at this whole thing and make sure that it doesn't impact the citizens at
a later date.
But overall, I think the program is -- has a to offer, and I
encourage it. But I also look at it as kind of a flag.
And maybe Nick Casalanguida can kind of expound on that a
little bit, because him and I had some discussions about this yesterday.
MR. CASALANGUIDA: Good morning, Commissioners. For
the record, Nick Casalanguida.
I think we're keeping an eye on the program. We don't have any
failing segments around right now that would be affected by this, but
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March 23, 2010
our concern is that you're not regulating the increase in traffic that
would come with this.
The program has been successful. We're going to keep an eye on
it. If we get to the point we get to a tipping point on a particular
facility, I think we can bring the item back to the board for more
details.
CHAIRMAN COYLE: Okay, thank you.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you.
I think this is a wonderful program. In fact, I wouldn't even mind
expanding it from the five years that is required now for new
buildings, because we're putting people at a tremendous disadvantage
that own property now that have recently built something, and they
have to compete with existing property that's been around for a long
time. They probably paid impact fees that were higher than anyone
else out there, especially buildings that were built five years ago or
older.
Ifwe move that to maybe three years, we'd still be able to
achieve our goals that we're looking for, and we'd be able to open it up
to be able to help many of these currently built structures to be able to
have a little more fair play in the market. That's number one.
Number two, I still have serious concerns over the program itself
in the fact that even though at this point time you might not have a
complaint in the world, I'm worried about the fairness issue of people
being able to move from one building to another building down the
block that hasn't paid the impact fees just to be able to get out from the
higher rent.
And the fact that it doesn't come before the BCC, even on the
consent agenda, for the public to be able to come forward and have
some way to be able to address this is a concern to me. I would still
prefer to see it on the consent agenda item by item as we go forward.
I think it's a wonderful program. I encourage it. I'm sure when
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March 23, 2010
the time comes it goes to sunset, that this commission will move it
forward.
But those are two -- one's a request to consider moving the five
years to two -- to two years, and the other one is to be able to place
this on an item-by-item on the consent agenda so that if the public has
-- wants to address it they can on a case-by-case basis.
Would that add anything to the time element for people to be able
to move forward significantly, or would it be like two weeks?
MS. PATTERSON: The issue is, a lot of these changes of use
come up on either an occupational license or business tax receipt
review or on a zoning certificate where they don't need a traditional
building permit to move into a building, but they need to obtain those
things.
So they're still going through a zoning review to make sure that
the parking is adequate, that the use is allowed in the building. But
those are things that are pretty much over-the-counter type of services.
So if we were to require a person going into a building to then
wait for the next board meeting, that's where it could be them ending
up having to wait for a pretty long time to be able to open their
business when they're nearly ready to go.
COMMISSIONER COLETTA: Well, let me ask you this. Have
you had anybody come forward that expressed this particular item as
being unfair to their own business?
I'm just -- I'm just picking this out from what I would see as -- if I
owned a business -- I had a business property and I was losing my
tenant after I paid my full impact fees to the place next door that had a
lesser impact fee because -- and they could charge lesser rent. Has
this been a problem yet?
MS. PATTERSON: It hasn't been a problem yet, and we were
sensitive to trying to ask questions to find out why people were
moving and things like that. That's not been the complaint.
The only complaint that we've really had is newer buildings
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March 23,2010
asking for the program to be moved, I think -- and I explained it in the
executive summary -- a business that didn't qualify, wondering if that
target date of five years could be moved to something like two years
or three years or immediately.
COMMISSIONER COLETTA: Yeah. And I think that'd be an
excellent idea, if we could.
The other thing I wanted to make sure, and this -- I'm pretty sure
-- and you tell me if I'm correct on that. If you have a piece of
property that has a building on it, commercial property, and you take
that building down and you don't get a chance to build because of the
recession or something for maybe ten years, are you still eligible for
the impact fee credits from that existing building?
MS. PATTERSON: Yes, you are.
COMMISSIONER COLETTA: Great. So there's no sunset on
that?
MS. PATTERSON: No.
COMMISSIONER COLETTA: Thank you so much.
MS. PATTERSON: You're welcome.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: You know, I'll wait till after the
speakers. Will that be okay?
CHAIRMAN COYLE: Okay, yeah.
And just for our information, I think there are two members of
the public who are concerned about -- because they have existing
buildings and they'd like to get -- get to participate in this program.
But I have a question for Mr. Casalanguida and the county
attorney. I was approached recently by representatives from the Elk's
Club about going into an industrial area and using a building that is
vacant for their Elk's Club, and I was told that it would be very, very
difficult for them to get approval to do that. Why couldn't they use
this program to do that?
MR. CASALANGUIDA: I don't think it was an impact fee
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March 23, 2010
issue. It was -- I think it was a land use issue, sir, when we looked at
the Elk's Club. It wasn't an impact fee issue. It was that it wasn't
compatible with the land use for that underlying zoning.
CHAIRMAN COYLE: Well, general office isn't compatible
with industrial either, is it?
MR. CASALANGUIDA: You are entitled to have some office
space in industrial, but we could look at that land use.
CHAIRMAN COYLE: Retail in industrial?
MR. CASALANGUIDA: Based on square footage.
CHAIRMAN COYLE: Medical office and general office, okay.
MR. CASALANGUIDA: (Nods head.)
CHAIRMAN COYLE: So it's different?
MR. CASALANGUIDA: It's different. It's a land use issue, not
an impact fee issue, sir.
CHAIRMAN COYLE: Okay.
MR. CASALANGUIDA: And just -- if I could add to what
Commissioner Coletta brought up.
My only fear, if you go down to two years or lower it too much,
you're going to get folks coming in and applying for a certain use.
And then within a year or two, you could be -- you could be -- you
know, that impact fee they paid, they could change the use altogether,
you know, bring in -- go from medical office -- regular office to
medical office.
And the idea of the five years was to say it's an established
building, been there a while, they paid their impact fees. If you lower
it a lot closer to the time you pay the rate, you're almost getting to the
point of, what's the point of paying a certain rate? So you've got to be
careful of that fine line.
CHAIRMAN COYLE: Okay. Let's call the speakers, please.
MS. FILSON: James Boughton. He'll be followed by Arthur
Brandt.
MR. BOUGHTON: Good morning. My name's Jim Boughton,
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March 23,2010
and I live at 760 Clarendon Court, Naples, Florida, 34109. And I'm
here basically representing my wife's company, JBMB of Naples, Inc.,
and to voice my opinion on the past ordinance that denies the
individual property rights of those people that have paid impact fees
for medical uses and to the benefit of special interest groups like
Realtors and land use people or people that are going to rent to our
disadvantage.
When we developed our property a number of years ago, we paid
the impact fees for medical use because we wanted to have a
competitive edge. So in our particular case -- and we're just a small
portion of all the property in this county that is presently zoned, you
know, with this medical use.
And in our case, you know, we've got a sma1l8,000-square-foot
building. We probably paid -- I don't know what the market is now --
but maybe as much as $20 a square foot more for this impact fee. And
in addition to that, it also requires us to put in additional parking, and
that, in turn, reduces the effectiveness of the property. So I can build
less square footage because I've got to put more parking in the site for
the building.
So -- and when you look at this on an 8000-square- foot building,
we probably paid an additional $150,000 or more for this benefit. So
I'm in a situation where I've paid impact fees, the highest impact fees
in the state and probably some of the highest in the country, and now
with this -- this change that was made a year ago, I'm being denied
those rights. I received those rights through the SDP process, and I
hear a report from Amy that really has no control part. I mean, maybe
rents are up or people are doing things, but you have no way of
comparing it to what would have happened if this -- you know, this
ordinance had not gone into effect.
So I think it's -- it may sound good. I think it was feel-good
legislation to make this change to try to help the economy, but it's
certainly to the detriment to everyone that's paying (sic) impact fees in
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March 23, 2010
the past for a medical use.
So I'm totally opposed to it, and I think it's a real disservice to the
people that have followed the rules, paid the impact fees, and have
property rights that are being denied.
So I would -- I would urge the board to rescind what's been
decided previously because I think it's a big disadvantage to everyone
that has impact fees or has paid for those impact fees in the past.
CHAIRMAN COYLE: Thank you very much.
MS. FILSON: Your next speaker is Arthur Brandt.
MR. BRANDT: Thank you, ladies and gentlemen, for allowing
me to appear before you to present my case.
My name is Arthur Brandt, and I own a piece of property, a
25-foot by 80-foot warehouse condo or business condo, on Jaeger
Road in Naples off Pine Ridge. I have been a long-time antique auto
collector over the years, but due to advanced -- advancing age and
economic conditions, my need to use my garage over there to store my
antique cars has ceased.
With the economic downturn that we've had, I've needed to find
an opportunity to sell that unit, and I've had it on the market for two
years and, of course, with what's going on, I've had no offers.
So to alleviate the cash flow program I had, I asked my Realtor to
find a renter for me. The Realtor did find a renter for me and brought
them by, and their use was they were going to have a small fitness
center where the woman's son, who was trained in fitness, takes
people for a one- or two-hour period and works with them to teach
them physical things in the building, rehabilitation, et cetera.
It really basically hasn't made any difference to the traffic flow
and things in the area. It's been -- they've been going at it for about a
month or so.
My problem is that my building was built in 19 -- 2006. And
under the law the way it is, or ruling the way it is now, I had to pony
up $11,400 to bring the people in, and I'd already paid an impact fee
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for the use I was using it when the building was built. I was the first
occupant of the building.
So in my mind I feel that your intention was good to give people
an opportunity to be competitive, but I -- my renter came to me and
said, Pete, I've got -- that's my nickname, Pete -- I've got an
opportunity to rent at the same price in an older building down the
street, so I can't rent from you unless you pay the impact fee.
Well, it's a two-year lease, so my choices -- I actually have
negative cash flow for a period of a year under this lease and negative
cash flow to some part in the second year, but it's better than no cash
flow. So I was in a position where I had to take them -- take the offer
they made.
So I would -- my petition to you is -- I don't know whether you
can do it on a one-case situation or for individuals who are
disadvantaged by this, but I'm an independent property owner, don't
have any business or any intention to be in the real estate business
beyond selling this building when the market comes back, and I'd like
to be refunded my $11,400.
Thank you very much.
CHAIRMAN COYLE: Thank you.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. I had two questions. The first
was -- oh, not from you, sir.
MR. BRANDT: I'm sorry.
COMMISSIONER FIALA: I'm so sorry.
From Amy. The first one was, if a renter comes in, they still
have to comply with any zoning that's in place; is that correct, Amy?
MS. PATTERSON: That's correct.
COMMISSIONER FIALA: I mean, you can't bring a pawnshop
in to a place that used to have a doctor's office or something, right, and
where --
MS. PATTERSON: They still have to comply with the rules, the
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March 23,2010
zoning rules.
COMMISSIONER FIALA: Okay, good. Second thing is, we --
they have new leadership now over at CBIA, and it looks like it's
going to be a new day over there as well. I would think it would be a
good idea if we had an opportunity to invite them over and hear about
this program, however it comes out today, so that they can pass that
message along to all of their membership.
I don't think enough people have heard about the program. So--
and I'm really proud that we've got a program trying to get some of
these older properties off of the market and in use again as well as
helping other -- helping people to establish businesses.
So if you have an opportunity, maybe you could invite them
over.
MS. PATTERSON: Certainly.
COMMISSIONER FIALA: Good, thank you.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah, just briefly, and I'm not
going to belabor this forever because I don't think I got the support,
but I don't want it to go by without at least asking.
Is there any support on this board to looking at moving the
requirement of five years down to two years with the idea that new
construction that's been out there, they're taking just as much hit as
everyone else, and it would give them the ability to be able to
compete?
CHAIRMAN COYLE: Yeah.
COMMISSIONER HENNING: Sure.
CHAIRMAN COYLE: Oh, great. I didn't think there would be.
Okay, I got a couple of people that agree with me, so I guess that's
something that has to come back.
And the other thing is, is there any interest on the part of this
board to have this brought back to the commission on the consent
agenda each time? It will add two weeks maybe at the most to the
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March 23, 2010
whole process to be able to keep it going forward, but it would put a
little more fairness to the whole thing to -- of course, by having it to
two years, we remove a lot of the opposition that's going to be out
there as far as fairness goes. But would there be any interest in having
it come back to us on a case-by-case basis?
CHAIRMAN COYLE: No.
COMMISSIONER COLETTA: Okay. Well--
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: If we're going to do it to two years,
I think we ought to do it for everybody then. You want to make it fair.
CHAIRMAN COYLE: Could I suggest --
COMMISSIONER HALAS: Because, you know, five years,
what we tried to do is to eliminate blight. And you've got everybody
in the community that doesn't think it's fair, then why stop at two
years? So that's my conjecture to this.
CHAIRMAN COYLE: Could I ask the board members to give
consideration to a -- maybe an easier or better solution to this? Rather
than try to craft a change today when we don't have all the information
and we can't assess all the impacts, can we merely instruct staff to
come back to us with recommendations as to how we could modify
the program so it would be more fair for other members of the
community --
MR. CASALANGUIDA: Sure.
CHAIRMAN COYLE: -- who right now are being discriminated
against? And I think most of us would like to solve that problem
somehow.
But we don't understand the implications of that, so we need
somebody -- and I think working through CBIA is a good way of
doing it -- and have staff come up with some ideas about how we
might solve the problem, so that way we could -- we could approve --
approve the ordinance change now, or approve this item now --
MR. CASALANGUIDA: Yes.
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March 23, 2010
CHAIRMAN COYLE: -- and then have you come back to us
with, perhaps, some recommended ways of improving it?
MR. CASALANGUIDA: Commissioners--
COMMISSIONER COLETTA: I'll second your motion.
MR. CASALANGUIDA: -- we'll get together with the county
attorney, and we'll work with our impact fee consultant. I want to be
careful because when you drop the date, you're going to have two
buildings side by side that paid two different fees, and I want to make
sure that they're not filing for a refund, because legality will come into
play in terms of impact fees.
So let us get with the county attorney, our outside impact fee
consultant, and Amy's office, and bring you back some more
information before we act on this.
CHAIRMAN COYLE: Yes.
COMMISSIONER COLETTA: Second your motion.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: In your motion, could you move
to approve the report?
CHAIRMAN COYLE: Yes, I would, yes.
MS. PATTERSON: One last item. The two items under the
county attorney's considerations, these are in regards to a future
ordinance change, and one plays into what we've been discussing here
regarding the building being five years old or older. The way that the
language reads is five years prior to the commencement of this
program, so that basically sets the date rather than allowing buildings
to age into the program.
And one of the -- one of the proposals is that, rather than it being
five years from the date of the adoption of the program, which was
last March, that it be buildings that are CO'ed for five years. So that
means that the ones that were five years old last year, now this year
we have a few more buildings that are five years old. That would
allow them to age into the program.
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March 23,2010
And the second has to do with -- which I probably should turn to
Jeff to explain -- is the -- allowing the impact fee credits to run with
the land, rather than them expiring.
MR. KLATZKOW: We have a number of DCAs that are
coming up that have expiration dates. And rather than doing
piecemeal -- it's more of a policy decision I'm trying to get from the
board to make the amendment to the DCA easier.
CHAIRMAN COYLE: Yeah. That's why it would be better if
you came back to us with a comprehensive report as to how you'd like
to see the changes made.
Commissioner Halas?
COMMISSIONER HALAS: And other thing I'd like to see is
what kind of an impact this is going to have in regards to us in our
budget requirements, because I think this has got some extenuating
circumstances.
So whether we continue this program or just eliminate it or carry
it down to zero, I want to know the full impacts of what's going to
happen as far as we carry this through to know exactly how this is
going to possibly affect all taxpayers here in Collier County.
CHAIRMAN COYLE: Okay. I will restate the motion. The
motion is that the Board of County Commissioners accept the first
annual report on the impact fee program for existing commercial
redevelopment and the proposed changes to the consolidated impact
fee ordinance, and we further direct the staff to provide us a report and
recommendations concerning how we can make this program more
fair for other members of the community.
Okay. And we have a second by Commissioner Henning.
Any further discussion?
Who? What?
MS. FILSON: Coletta.
CHAIRMAN COYLE: Was it Commission Coletta?
COMMISSIONER COLETTA: Yes.
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March 23, 2010
CHAIRMAN COYLE: Okay, Commissioner Coletta then. Oh,
let's make it Commissioner Henning. All right.
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: (Absent.)
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: It is approved unanimously.
MS. PATTERSON: Thank you.
CHAIRMAN COYLE: We're having a break now for our court
reporter.
(A brief recess was had.)
CHAIRMAN COYLE: Board of Commissioner meeting is now
back in session.
Item #10D
THE SUBMITTAL OF A LETTER REPRESENTING COLLIER
COUNTY'S COMMENTS ON THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY (EP A) PROPOSED
NUMERIC NUTRIENT RULE, DOCKET ID NO. EPA-HQ-OW-
2009-0596 DURING THE EP AS ESTABLISHED PUBLIC
COMMENT PERIOD - MOTION TO APPROVE STAFF'S
RECOMMENDATIONS AND TO FURTHER CLARIFY THE
BOARD'S POSITION IN THE LETTER SIGNED BY THE
CHAIRMAN - APPROVED
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March 23,2010
MR. OCHS: Commissioners, that takes us to Item lOD, which
was previously 16C5 on your agenda. That is a recommendation to
approve the submittal of a letter representing Collier County's
comments on the United States Environmental Protection Agency's
Proposed Numeric Nutrient Rule in the EP A's -- during the EP A's
established public comment period.
This item was moved off of the consent agenda at Commissioner
Fiala's request. And Mr. Ray Smith is here to make a brief
presentation.
MR. SMITH: Good morning. For the record, my name is Ray
Smith, Director of the Pollution Control Department. And with me
today I have Jerry Kurtz, Transportation Division, Stormwater
Management Section; Mac Hatcher, Community
Development/Environmental Services Division, Engineering,
Environmental Comprehensive Planning, and Zoning Services
Department; and Rhonda Watkins, Pollution Control.
CHAIRMAN COYLE: I hope they're not all going to be
speaking.
MR. SMITH: Only if you have questions.
CHAIRMAN COYLE: You could probably do us all a favor if
you'd get right to the bottom line and tell us what our concerns are.
MR. OCHS: Commissioners, this will only take him a few
minutes. He's only got a few slides --
CHAIRMAN COYLE: Okay.
MR. OCHS: -- and it will give you a little background. I think
you probably need to get it on the record.
CHAIRMAN COYLE: Okay.
MR. SMITH: Upon release of the United States Environmental
Protection Agency's Proposed Numeric Nutrient Rule, we, as a team,
have reviewed this rule and have worked together to develop a letter
that we are recommending to be sent to the EP A, which is the United
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March 23, 2010
States Environmental Protection Agency, during this public comment
period. This letter is an Attachment A within your package.
We all understand and share the importance of protecting our
natural resources for today and for the future. This is where we raise
our families, where we are work, and where we play. We also
recognize the economic value that these natural resources provide
Collier County, as tourists visit our area to witness the beauty of our
Everglades or walk our miles of beautiful beaches or to enjoy many
other activities our natural resources offer.
We understand -- we also understand that without realistic,
appropriate, attainable, practicable, and implementable water quality
standards, our aquatic environmental -- our environment will be
placed at risk.
Today I'm here to talk to you about the United States
Environmental Protection Agency's proposed numeric nutrient criteria,
but first it is important that we all understand what nutrients are.
Nutrients are, by definition, are substances that provide nourishment.
In this case we are talking about nitrogen and phosphorus. When
in lakes and running waters, these nutrients provide nourishment to
aquatic plants and algae, though too much nitrogen and phosphorus
result in algal blooms that kill fish, overgrowth of aquatic plants, and
altered aquatic biological communities.
Here is a brief history that has led up to EP A's Proposed Numeric
Nutrient Rule. In response to reports provided by states that nutrients
are the leading cause of an impairment in lakes and coastal waters and
the second leading cause of impairment to rivers and streams the EP A
published a national strategy for development in nutrient criteria in
1998. That document described the approach that EP A would follow
for developing nutrient standards and working with states and tribes to
adopt numeric nutrient criteria as part of state water quality standards.
In 2002, the EP A began working with Florida Department of
Environmental Protection, which I'll refer to as FDEP from this point
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March 23,2010
on, to establish numeric nutrient criteria in Florida.
In 2008, five environmental groups sued the EP A for not
properly enforcing the Federal Clean Water Act.
On August 19,2009, the EPA entered into a phased consent
decree committing to sign a proposed rule setting forth numeric
nutrient criteria for lakes and flowing waters. Following this, the EP A
assumed responsibility for setting the numeric nutrient criteria
themselves and stopped working with the FDEP.
On January 14,2010, EPA released their proposed numeric
nutrient criteria for a public review and comment. The public
comment period on this proposed rule ends April 28, 2010.
This slide provides an example of a narrative versus numeric
standard. The narrative standard provides those complying with the
rule and those enforcing the rule the ability to interpret a level of
compliance. A numeric rule is black and white. You are in
compliance or you're not.
The current state standard is a narrative standard found in Florida
Administrative Code, Chapter 62-302. The FDEP has relied on this
narrative standard for many years because nutrients are unlike any
other pollutants regulated by the Federal Clean Water Act.
Due to the variability on how nutrients affect different aquatic
ecosystems, FDEP had been applying the narrative criteria on a
case-by-case basis; however, the EP A determined that Florida's
reliance on a case-by-case interpretation of its narrative nutrient
criteria -- excuse me -- was insufficient to ensure the protection of
applicable designated uses. As a result the EP A elected to develop a
nutrient numeric (sic) standard.
EP A's proposed numeric nutrient criteria addresses Florida's
lakes and flowing waters. It does not address Florida's estuaries,
coastal waters, or wetlands. These numeric nutrient crit- -- standards
are planned to be released for public comment within a year.
For those standards that have already been released, only the
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March 23,2010
canal and lake criteria apply to Collier County. What we are
concerned with is the appropriateness of the standards for canals.
This slide displays EP A's proposed numeric nutrient criteria for
canals in South Florida. This is the team's area of concern. The team
questions the signs used in the development of the numeric nutrient
criteria for canals.
Historically the FDEP spent seven years and approximately $20
million developing the numeric nutrient criteria for Florida. They
have proposed criteria for all but for South Florida canals, because
FDEP found the methodology they applied throughout the state was
not appropriate for South Florida canals; however, the EP A has
developed criteria in less than six months.
The EP A developed these standards by selecting water quality
data from unimpaired water bodies within South Florida. The EP A
then selected the 75th percentile of the water quality data to establish
standards for nitrogen, phosphorus, and chlorophyll A.
As stated earlier, we understand that there is a need to establish
protective numeric nutrient water quality standards, though when
establishing these standards, the challenge is to establish a correct
standard. An underprotected water quality standard will result in
continued water quality impairment and the potential loss of these
valuable resources. An overprotective standard will require the
investment of resources where it is not needed.
To paraphrase Michael Sole, secretary of the Florida Department
of Environmental Protection during a March 19th meeting on the same
topic, we should invest our money where it is needed. We shouldn't
invest our money where it is not needed. If the proposed numeric
nutrient criterias are wrong, we are wasting money.
Based on FDEP's recent assessment of EPA's proposed rule, four
preserve water bodies within Collier County will not meet the
proposed standards. This includes the Big Cypress National Preserve,
the Fakahatchee Strand, Corkscrew Marsh, and the Picayune Strand.
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March 23,2010
These preserve areas are only publicly -- are all publicly held lands
with minimal or no development activities within our boundaries.
These are some of the least human impacted water bodies within
Collier County. EP A's proposed standards are inappropriate for these
water bodies.
As you can see within the slide, there is a distinct difference
between a natural water body on the left and a canal system shown on
the right. The FDEP has recognized the difficultly in establishing
numeric nutrient criteria that would protect the diverse biological
communities while accounting for stressors such as hydraulic
modifications and naturally low dissolved oxygen regimes in the
natural water bodies.
The canal, on the other hand, is part of an artificial stormwater
management system. This requires con- -- excuse me. This requires
constant maintenance which includes, at times, dredging and the
removal of aquatic vegetation so the system functions as intended.
Within these canals, the biological communities and the
hydrology are routinely altered, making it difficult to establish correct
numeric nutrient standards without sound science.
During the dry season, canals are like large, elongated lakes
when water is captured behind stormwater structures. On the other
hand, canals are like flowing streams during the rainy season as water
flows over these structures.
Within EP A's proposed rule, the chlorophyll A standard for the
lakes is 20 parts per billion. For flowing waters, such as streams, the
chlorophyll A standard could not be determined. But for canals that
function like both, the chlorophyll A criteria are less than four parts
per billion, which is much more restrictive. Furthermore, FDEP has
stated that chlorophyll A criteria for South Florida canals is
inappropriate.
The Florida Stormwater Association estimates that the statewide
cost for compliance with EP A's Proposed Numeric Nutrient Rule will
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March 23,2010
be well over $75 billion. It is also estimated that Florida's wastewater
utilities will spend an estimated 24.4 to $50.7 billion in capital costs
for additional treatment facilities and will incur an estimated .4 to $1.3
billion per year more in increased operating costs.
Within Collier County, the following potential impacts have been
determined: As discussed earlier, there are four preserve water bodies
that will not meet the proposed standards. In addition, once these
proposed -- once this proposed rule is adopted, the number of impaired
water bodies within Collier County will increase. The county's
Stormwater Department, holder of the county's national pollutant
discharge elimination systems, municipal separate storm sewer
systems permit, or MSF4 -- MS4 permit will be responsible for
providing additional stormwater treatment and for imposing new
pollution prevention requirements on development to achieve
compliance. This will add significant costs to the county's stormwater
and roadway programs.
Irrigation quality reclaimed water does not meet the proposed
criteria and would be considered a nutrient source if discharged to a
water body. To comply, a substantial rate increase would be required
to cover capital, operational, and maintenance costs to retrofit
facilities to meet these criteria or alternative actions will need to be
taken to comply.
Staff is proposing the following primary considerations that have
been incorporated into the letter that we are proposing to send to EP A:
One, we support the development of science-based numeric nutrient
criteria that are realistic, appropriate, attainable, practicable, and
implementable.
Two, we support the concerns of Florida Department of
Environmental Protection published on February 17,2010, located on
their website regarding the methodology the EP A use to develop their
proposed criteria and their estimates of economic impact.
Three, that the South Florida canals would be best assessed for
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March 23, 2010
nutrient enrichment using a site-specific alternative criteria approach
based on sound science versus a broad-brush approach that would
establish standards for all South Florida canals.
And four, that Collier County express concern with the cost of
complying with this proposed rule.
Staff recommends that the board authorize the chairman to sign
the letter listing Collier County's concerns associated with EP A's
Proposed Numeric Nutrient Rule.
At this time we are available to answer any those questions the
board may have.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. The reason I put this on the
regular agenda -- I agree with everything staff has proposed, by the
way. I just felt that the -- if any of our constituents out there are
concerned with this or if they wanted more information, here it is for
them. This way they can hear it, and if they have any questions, they
can always write to us.
But I felt that this is something important enough that it shouldn't
just be on the consent agenda. It should be -- it should be heard in an
open meeting. Thank you.
And by the way, I'll make a motion to approve staffs
recommendation.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: I'll second that. The only concerns
that I have is that all these canals end up in our estuary system, and
obviously that's where the birth of all life takes place is in the estuary
system.
So I'm concerned in regards to, do we know what the health of
our estuary systems are in regards to the demands that's been being
placed on us by the EP A?
Now, we've had a number of discussions by prior board meetings
in regards to making sure that we're addressing issues in the estuary
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March 23, 2010
system along the coastline of Florida and, of course, we have a very
contentious issue in District 2 in regards to addressing issues with the
estuary and making sure that it conforms to clean water.
So if you can enlighten me a little bit about this because to me,
we've got to make sure that what's coming down the canals and being
emptied into the estuary system is being monitored correctly.
MS. WATKINS: For the record, Rhonda Watkins, Pollution
Control Department. Good morning, Commissioners.
The estuaries in Collier County -- only one estuary in Collier
County has actually been declared impaired for nutrients specifically,
and that is Rookery Bay estuary. Naples Bay estuary hasn't -- been
declared for other things other than nutrients, but it's also been
declared for dissolved oxygen.
Currently, because the DEP does not have a numeric criteria,
they have to use response variables to look for that impairment, and
dissolved oxygen is one of those things. They've tied that dissolved
oxygen impairment back to nutrients.
So those are the two estuaries that we have relative to nutrients.
There are other impairments in other estuaries. For instance,
Cocohatchee River estuary is impaired for fecal coliform. We also
have Ten Thousand Islands impaired for mercury in fish; however,
you were concerned about what changes would be with EP A's new
criteria for those. In both -- in both DEP and EP A's criteria, there's to
be no downstream degradation of water bodies.
So whatever criteria they set in the upstream water bodies, it
cannot have a downstream degradation of the receiving water body,
and that's in both DEP and EPA's criteria.
COMMISSIONER HALAS: Okay. There's -- as you
mentioned, there is some problems with some other estuaries also that
we're concerned about by studies that were made, and I'm very much
concerned about the water quality back in the Vanderbilt Lagoon area
because that's a closed off area and, of course, everything comes down
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March 23,2010
the Cocohatchee River and into that watershed area.
MR. McALPIN: Commissioner, Gary McAlpin, for the record.
Commissioner, we have undertaken a water quality monitoring
program. We've got that established right now. We've been doing it
for a year in Cocohatchee, Wiggins Pass. We've begun doing it this
year for the Vanderbilt Lagoon area, and we have -- we've been doing
it for about six months in Clam Pass.
So we're pulling together this data as we speak right now. We're
going to monitor it. We're going to work with Ray's group, and we'll
be coming back to you with what this really means to us in terms of
our estuaries. It's a little bit too early to talk at this point in time.
We're still gathering the data.
COMMISSIONER HALAS: So I assume that you'll keep us up
to date maybe on a yearly report in regards to what's happening, and
we need to know the scientific criteria that you're gathering so that
you can report back to this Board of County Commissioners to let us
know what's happening with the estuary system.
MR. McALPIN : Yes, sir, we will.
COMMISSIONER HALAS: Okay.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you. Yeah.
The idea that -- there's a lot of different things that keep coming
up, and I think some of them are off in left field. I mean, this idea of
mercury being a real issue. I know not too many years ago they ran a
test on some museum specimens they have over at the Collier County
Museums of animals that were preserved back at the turn of the
century, their hides, and they determined then that the mercury count
was high then. So it's a background element that's out there. Not that
that has anything really to do with where we are at this moment. It's
just that there's many different factors that enter in.
I'm going to support the staffs recommendations. There's no
question on that. But back five years ago, possibly six years ago, we
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had a discussion with the Big Cypress Basin regarding our end of the
drainage system and the controls of it. And we were talking about the
possi- -- looking into the possibilities of turning that part of it over to
them for management. They already manage part of it. They're an
authority that works with water, and there's kind of a redundancy of
the fact that we're working on part, they're working on part.
And their board of directors at that time, if I remember correctly
-- and Clarence can nod his head up and down or sideways if I'm not
correct. Their board supported this particular effort, at least looking
into it, but then it went to the parent organization, the South Florida
Water Management District, and they killed the whole idea and it
never went farther.
Now, we have a lawsuit that's out there with the water district. It
may be possible as part of the settlement, we might be able to get them
to take over these different responsibilities. I mean, we find fault
sometimes with other agencies out there, like fire departments for not
consolidating and bringing down costs. Possibly we ought to start
looking at that again to see about having our Big Cypress Basin take
over the responsibility of these waterways, putting it all under one
control and one government. I just wanted to leave you with that
thought.
CHAIRMAN COYLE: Okay. Do we have a motion to approve?
COMMISSIONER FIALA: We already have a motion and a
second.
CHAIRMAN COYLE: Okay, Commissioner Fiala. Motion by
Commissioner Fiala for approval, second by Commissioner Halas, and
now there's discussion.
COMMISSIONER HALAS: I think we got a couple of speakers.
CHAIRMAN COYLE: Oh, okay. Then--
MS. FILSON: Ready for the speaker?
CHAIRMAN COYLE: Yes.
MS. FILSON: John Aquilino?
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March 23,2010
MR. AQUILINO: Good morning. John Aquilino from the
Conservancy of Southwest Florida representing more than 6,000
members.
First I would like to thank the board for pulling this item from
consent and considering our input.
The issue of numeric nutrient -- or the issue of numeric nutrient
standards is one of paramount importance for protecting water quality,
the environment, as well as public health and safety.
The environment -- or just like defined speed limits are necessary
to protect public safety on our roads, numeric water quality standards
are necessary for protecting public and environmental, health and
safety in our waters.
Though the proposed letter indicates conceptual support for
numeric nutrient standards, it also indicates opposition to the actual
standards being proposed based -- based on concerns as to scientific
basis and economic feasibility.
We believe there's critical information addressing these concerns
that the board should consider prior to this decision on whether to
approve the proposed letter.
Due to that and the EP A public comment period not ending until
April 28th, we request that today's vote be deferred in order to allow
us the opportunity to meet with the board and county staff to discuss
this complex and important issue.
This would still allow for sufficient time to bring it back for
board approval and for Collier to submit comments to the EP A within
the public comment period. Thank you.
CHAIRMAN COYLE: Thank you.
Okay. Now we can have discussion. Any discussion?
(No response.)
CHAIRMAN COYLE: Okay. I'm going to make at least one of
my concerns known at this point. The way in which you have phrased
our so-called opposition to this numeric nutrient rule leaves the
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March 23,2010
opportunity for misinterpretation in my opinion by starting out the
recommendation by stating that we support the Proposed Numeric
Nutrient Rule based upon scientific evidence that is enforceable, and
so forth and so on.
Any person receiving that who participated in creating the
nutrient rule is going to say, wow, they're supporting my study.
Now, consider a different wording which says, we don't think
that your numeric nutrient rule is based on sound scientific evidence,
that's a far more direct statement of our intent than the first one. So I
have a real problem with the way that you have recommended we
respond to this.
Now, I think the representative from the Conservancy has
brought up an interesting point. Should we, in fact, enlist some
conservancy organizations to participate in our objections to this rule,
or should we just do it ourselves and hope that we gather support
afterwards?
So it's an interesting dilemma. So what do you -- what does the
staff suggest here?
MR. DeLONY: For the record, Jim DeLony, Public Utilities
Administrator.
Leo asked that I lead with Ray here this project delivery team.
And with regard to your first point, in reviewing the letter, I'm trying
to see specifically where we do what -- have not done what you
suggested.
CHAIRMAN COYLE: Okay. Go back a slide.
MR. DeLONY: Yes, sir. I'm looking at the letter itself as
opposed to necessarily the slide in terms of -- and it's attached to your
packet.
What we do say, and I think -- and maybe I misunderstood
exactly what you said but -- in terms of what the slides -- Collier
County supports the development of a science-based numeric nutrient
criteria for Florida's waters that are realistic, appropriate, attainable,
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March 23,2010
and practical and implementable, and encourage the EP A to ensure
that if they have a rule-making process, that they -- that they'd rely on
sound science and include meaningful stakeholder participation.
That's on the third paragraph on the first page.
CHAIRMAN COYLE: That's the one I'm referring to.
MR. DeLONY: Yes, sir. And I assume that's where you're
targeting. What -- if I may, in terms of our recommendation today, we
-- we're just trying to get it right in terms of the challenge of doing this
for South Florida, and particularly the dilemma of doing a
one-size-fits-all rule for all of Florida as opposed to the unique
site-specific conditions we find here in South Florida, particularly in
our canal systems.
So that's really at the heart of some of these concerns that staff
has expressed this morning. And we did struggle a bit to ensure that,
with regard to the letter, that we really did encourage open stakeholder
participation across that as opposed to coming up with an answer that
we're saying, here's the answer. We're convinced that there is an
answer. We're not -- we're pretty sure that this is not that answer. But
certainly progress, particularly that as defined by the DEP's
objections, solely in our view, looks like progress toward an answer.
And I'm looking at my staff to see if there's -- anybody would like to
add comments to that.
So that's our bottom line here, sir. I don't know that -- if we
missed the mark on the letter with regard to that intent or not.
CHAIRMAN COYLE: Well, I always like to say things more
plainly and simply.
MR. DeLONY: Yes, sir.
CHAIRMAN COYLE: I don't like to dance around the issue.
MR. DeLONY: And I agree.
CHAIRMAN COYLE: And I would prefer to say that Collier
County does not support your proposed numeric-based nutrient system
for the following reasons.
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March 23, 2010
MR. DeLONY: Yes, sir.
CHAIRMAN COYLE: Number one, we don't think it is based
upon sound scientific evidence.
MR. DeLONY: Yes, sir.
CHAIRMAN COYLE: Number two, we don't think that it
adequately recognizes the differences for South Florida --
MR. DeLONY: Right.
CHAIRMAN COYLE: -- and enumerate those.
MR. DeLONY: And--
CHAIRMAN COYLE: That would be a -- that would be--
MR. DeLONY: Yeah. I certainly can do that -- do that editing.
If! may, sir, though -- and I'm not going to defend the letter here.
You've got some specific concerns that you want this addressed here,
and we can certainly go back and re-edit. But I'd like to highlight
some of the things that we did say in our recommended letter that gets
to those points.
CHAIRMAN COYLE: I've read the letter.
MR. DeLONY: Yes, sir.
CHAIRMAN COYLE: Okay. I've listened to the presentation.
There's nothing more you can tell me about that.
MR. DeLONY: I understand.
CHAIRMAN COYLE: All I'm saying to you is, if you're going
to ask me to sign the letter, I'd like the letter to say what I think it
ought to say, okay, and I think what -- it ought to say what we're --
MR. DeLONY: Absolutely.
CHAIRMAN COYLE: -- asking you to say --
MR. DeLONY: Absolutely.
CHAIRMAN COYLE: -- because we're opposing the imposition
of this particular set of standards and we're opposing it for these
reasons.
MR. DeLONY: Yes, sir.
CHAIRMAN COYLE: And I don't -- if I read this or if a
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March 23,2010
bureaucrat up in Washington D.C. reads this, I'm sure he would pick--
he or she would pick out the statement, Collier County supports a
development of a science-based numeric nutrient criteria for Florida
waters, end of story. That's all I'd take away from this. These guys
are supporting me.
MR. OCHS: Commissioner, we can redraft that, certainly, and
format it in a way that's more direct.
CHAIRMAN COYLE: Okay. Now, the Conservancy has made
a different suggestion. They say they like the very specific
numeric-based measurements. Now, are you going to support that kind
of recommendation?
MR. DeLONY: The staff recommendation that we've provided
does not support the EP A's numeric nutrient criteria as stated.
CHAIRMAN COYLE: Okay.
MR. DeLaNY: Staff secondly has put on the record today that
we support the position taken by the Florida Department of
Environmental Protection, what -- their concerns with regard to that
matter. Lastly, staff has asked that we continue to work with both the
EP A and the FDEP and the Conservancy, anybody else, to get to the
right answer with regard to the management of this issue for our
canals and for our water bodies.
So I think that we've answered that in that way. I don't --
agreeing, we can redraft this letter, but I think I've been -- hopefully
we've been more clear after your questions today on what we're
recommending to you, sir.
CHAIRMAN COYLE: If you would rewrite the letter--
MR. DeLONY : Yes, sir, Absolutely.
CHAIRMAN COYLE: -- in the manner in which I suggested,
assuming it is -- it conveys the wishes of the board. I mean, the board
is opposing the EP A's system here, so let's tell them that.
MR. DeLONY: Yes, sir, we will.
CHAIRMAN COYLE: Let's be very clear and specific as to why
March 23, 2010
we're telling them that.
MR. DeLaNY: Okay. And we'll bring that back at the next
board meeting. We've got a window. The key of it was to get it in
front of you today so we could put our comments on the record before
the deadline for the public record. This is timely, and we can turn this
around and get it back to you in the next agenda --
CHAIRMAN COYLE: And--
MR. DeLONY: -- county manager willing.
CHAIRMAN COYLE: One other thing. I suggest that you
emphasize very strongly the danger of wasting financial resources
when it is not necessary, particularly in these economic times. It could
cripple very important programs on a statewide and local basis that
would not be in the best interests of environmental protection.
MR. DeLONY: Yes, sir, we can do that.
CHAIRMAN COYLE: So those things are extremely important
points to be made --
MR. DeLaNY: Yes, sir.
CHAIRMAN COYLE: -- and I would prefer to make them more
MR. DeLONY: Pointedly.
CHAIRMAN COYLE: -- succinctly and more pointedly, yes.
MR. DeLaNY: Yes, sir. We can do that with this guidance.
MR. OCHS: Commissioners, is it necessary from the board's
perspective to bring that redraft back, or is it sufficient that we have
the board's intent and we can redraft that and get it to the Chair for
signature?
CHAIRMAN COYLE: It's okay with me, if it's okay with the
other commissioners.
COMMISSIONER HALAS: Just give it to the Chair once you
get it redrafted. He'll be the overall --
MR. OCHS: And we'll obviously copy all the commissioners on
the letter.
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March 23, 2010
MR. DeLONY: All right. That's wonderful.
CHAIRMAN COYLE: We have three nods?
MR. DeLONY: That sure gets us under the wire --
CHAIRMAN COYLE: Okay.
MR. DeLaNY: -- in terms of the time. And staff -- and just, if!
may, staff will continue, once this letter's pub- -- that will be our
position as we attend the workshops and public hearings on your
behalf with regard to this expressed position that we've really gotten
great guidance on today, and I really appreciate that.
CHAIRMAN COYLE: Okay. And we have a motion. All in
favor of the motion, which includes direction for me to send this letter
COMMISSIONER FIALA: Yes.
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.
MR. DeLaNY: Thank you, sir. Thank you, Commissioners.
CHAIRMAN COYLE: Thank you.
Item #lOE
AN INTERLOCAL AGREEMENT BETWEEN COLLIER
COUNTY AND THE CITY OF MARCO ISLAND, THE
HIDEAWAY BEACH DISTRICT AND THE HIDEAWAY BEACH
ASSOCIATION, INC., FOR THE PROVISION OF A PUBLIC
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March 23, 2010
RESTROOM AND EROSION CONTROL STRUCTURES IN THE
HIDEAWAY BEACH SECTION OF MARCO ISLAND - MOTION
TO APPROVE - APPROVED
MR. OCHS: Commissioners, that takes us to Item IDE, which
was previously I6D8, was removed at Commissioner Coletta's
request. That's a recommendation to approve and authorize the
Chairman to sign the interlocal agreement between Collier County and
the City of Marco Island, the Hideaway Beach district, and the
Hideaway Beach Association, Incorporated, for the provision of a
public restroom and erosion control structures in the Hideaway Beach
section of Marco Island.
Commission Coletta, I believe you removed this item?
COMMISSIONER COLETTA: I appreciate you pulling it, and I
appreciate my commissioners indulging me for just a few moments
here.
If we could zoom in on the map of Hideaway Beach and show
me where the --
MR. OCHS: Camera, Kady, please.
COMMISSIONER COLETTA: I guess the meeting will begin
shortly. Please stand by while we get through technical difficulties.
Okay. If you'd be so kind, reference on the map there, if you
would with a pointer, where Tigertail Beach is, where Hideaway
Beach is, where the groins will be going to protect the shoreline, and
where the restroom is.
MR. McALPIN: Certainly. For the record, Gary McAlpin,
Coastal Zone Manager.
Commissioner, orientation; this is Sand Dollar Island, which is
the -- which has attached itself many, many years ago to the main
Marco Beach. This is our park, Tigertail Park, right in through here.
And as we move up to the beach, this is the location where the new
bathroom facility will be -- will be built. It will be accessible from
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Tigertail Beach walking this way to this facility -- to this location right
in through here.
As we move up further north on the beach, this is actually -- goes
up like this, if you would. This is the location where Coconut Island
was -- is. This is no longer here. Coconut Island has disintegrated.
And the new structures will be located in this area right in through
here.
This island originally protected this portion of the beach when it
disintegrated. The need for these structures are right in through here.
And this is the existing structures that we have on Hideaway Beach
movmg up.
COMMISSIONER COLETTA: Okay. Now, on this map can
you see the -- where the restroom's going to go to? Can you hit it one
more time.
MR. McALPIN: The restroom will be right in this location right
here.
COMMISSIONER COLETTA: I'm sorry. Hit it on the -- okay.
Please, zoom in on it again. Okay. And show where the entrance from
Tigertail Beach is.
MR. McALPIN: Tigertail-- this is Tigertail Beach right in
through here, Commissioner. This is Tiger -- right in here,
Commissioner.
COMMISSIONER COLETTA: Now back again. I'm trying to
get a reference point on this. Once again, touch on where the restroom
will be. Okay.
How does that align between Tigertail Beach and the beaches
that residents would like to use in the Hideaway Beach area and as far
as boat access goes? I know the boats use a certain area to pull into.
Maybe Commissioner Henning could help with that one. I'll be
honest with you, I've never been there on a boat.
MR. McALPIN: This is the area -- this is Sand Dollar Island,
which has attached itself. And this is the area right in through here
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March 23,2010
where there's generally a lot of boating.
COMMISSIONER COLETTA: Okay. And once again, touch
on it again where the restroom will be.
MR. McALPIN: The restroom will be at this location.
COMMISSIONER COLETTA: No, on the other map. Come on
-- we're going from one to the other where you showed the Coconut
Island, or what's left of the island.
MR. McALPIN: This is Coconut Island right here.
COMMISSIONER COLETTA: Okay. Now, show where the
restroom is on that -- on that particular photo.
MR. McALPIN: There are two different maps, Commissioner.
This goes -- fits up like this at this location right in through here. So
the area where the restroom would be would be just south of this point
right there, located right there.
COMMISSIONER COLETTA: So in other words, it's closer to
Tigertail than it is to being centered within the Hideaway Beach
community, correct?
MR. McALPIN: Hideaway Beach goes all the way up further to
the north. This is the area that's generally used. And it's about
equidistant.
COMMISSIONER COLETTA: Okay. And now -- and that's the
area that people would be boating in and be able to pull up to the shore
and use it?
MR. McALPIN: People would be boating in this area right in
through here.
COMMISSIONER COLETTA: Yeah, but pull up to the shore to
use the restroom?
MR. McALPIN: They will be able to pull up and go on Sand
Dollar Island or pull up on the shore, Commissioner.
COMMISSIONER COLETTA: Okay. But it's halfway between
the end of the beach and the Tigertail Beach.
MR. McALPIN: That's where the -- that's where the restroom
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March 23, 2010
would be, approximately. Right there, Commissioner.
COMMISSIONER COLETTA: Okay. And can you describe
the facility?
MR. McALPIN: It will be a one- -- it will be a family bathroom.
It will be a unisex family bathroom, and there will be a -- one stall in
there for the public.
COMMISSIONER COLETTA: Okay. Thank you very much.
CHAIRMAN COYLE: Okay. Commissioner Halas, were you
next?
COMMISSIONER HALAS: Yes. I think what Commissioner
Coletta was trying to get at, and that is, what is the distance of that
bathroom from the Tigertail facilities to that proposed bathroom that's
going to be built by Hideaway Beach? It can be feet or miles.
MR. McALPIN: Commissioner, I don't have the exact numbers.
We could pull that together for you if you --
COMMISSIONER HALAS: I think that's important to -- we
need to know. And is there any obstructions from Tigertail Beach to
the proposed bathroom as far as, do we have to ford any streams, or is
it walkable along the beach?
MR. McALPIN: Commissioner, it is walkable, okay. Not easily
accessible, but it is walkable.
COMMISSIONER HALAS: When you say not easily
accessible, what's --
MR. McALPIN: There's vegetation -- you know, there's
vegetation there, Commissioner. It is walkable. It has been walked.
You can walk it by going up along Sand Dollar Island or you can walk
it on the estuary side of the beach.
COMMISSIONER HALAS: Is there any proposal for some kind
of a boardwalk or anything to that bathroom or to access that beach
area?
MR. McALPIN: Not from Tigertail. There'll be a -- there'll be
access from the beach area to the restroom, but not from Tigertail,
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March 23,2010
Commissioner. If we could --
COMMISSIONER HALAS: That's interesting.
MR. McALPIN: Commissioner, there will be a boardwalk which
will -- which will allow access in this area right in through here. So
there will be a boardwalk right in through here which will -- which
will get people -- this is where the old park was, and there'll be access,
but there will be no access in terms of boardwalk up through here
from Tigertail Beach. So that's -- I think that answered -- that was the
question you had.
COMMISSIONER HALAS: That's the question. But if they
walk down to that sandy area where you come into the entrance at
Tigertail Beach -- go back to Tigertail Beach -- right there, and you're
on that sand, now, can you walk that -- from that area --
MR. McALPIN: You could walk this way, Commissioner.
COMMISSIONER HALAS: Okay. That -- and do you have to
ford any streams or anything else?
MR. McALPIN: Not that I'm aware of.
COMMISSIONER HALAS: Okay. So they can walk that beach
area without any encumbrances as far as --
MR. McALPIN: That is correct, Commissioner. They can walk
this area right in through here up to that location right there.
COMMISSIONER HALAS: Okay. I would -- it would be
interesting to know what that distance is from the entrance at Tigertail
Beach to where the proposed bathroom's going to be.
MR. McALPIN: We could provide that to you.
COMMISSIONER HALAS: Okay.
CHAIRMAN COYLE: Okay. Commissioner Henning is next.
COMMISSIONER HENNING: I think the majority of the board
passed this under the assumption that boaters will be using that, and in
particular, tourism boaters.
Where the proposed bathroom is going to be located, I don't
know how you're going to get a boat up there. I don't know how
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March 23, 2010
you're going to -- I mean, it's been a while since I walked that, quite a
few years, but you really, even at low tide, you had to walk through
the water to get onto Hideaway.
Mr. McAlpin, are you saying that has changed?
MR. McALPIN: When the location of the bathroom was
identified and -- it has -- it was always that it would be accessible from
the Tigertail Beach location. That was the criteria that was discussed
and was agreed to. And so -- and that was -- that's the information
that's in the interlocal agreement at this point in time, Commissioner.
COMMISSIONER HENNING: Mr. McAlpin, are you telling
me that a resident or a tourist can walk -- there is beach from the
Tigertail access all the way to the proposed bathroom?
MR. McALPIN: Commissioner, what I'm telling you is to the
best of our -- my knowledge at this point in time, this is the back side
of the lagoon right in through here, and there's access on the back side
of the lagoon to this facility right in through there.
COMMISSIONER HENNING: Well, my question was, is there
beach where people can walk from the Tigertail access to the proposed
bathroom?
MR. McALPIN: From the Tigertail access is right here.
COMMISSIONER HENNING: Correct.
MR. McALPIN: Okay. There's -- there's an access -- if!
understand you correctly, Commissioner--
COMMISSIONER HENNING: No. Let me say, is there beach?
You can access anything you want, depends on your means of
transportation. Is it foot -- dry foot, wet foot? Is it a dry foot/wet foot
issue?
MR. McALPIN: It would be a -- it would be -- this is the back
side of the lagoon. This is not a sandy beach. This is more of an
estuary area in this area right in through here, Commissioner.
COMMISSIONER HENNING: There's mangroves?
MR. McALPIN: Mangroves, estuary, and that would be the
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March 23,2010
access point that would come in through there.
COMMISSIONER HENNING: Okay. So they have to transfer
(sic) the mangroves to get there.
Is that reasonable? I mean, would a tourist actually do that?
Since you can't get up there with a boat, what is it really serving? I
would say it's not serving anything.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Well, I would like to hear from our
speaker first, but I did want to say that they're building a boardwalk
from this down to the beach. You could see the beach from the
bathroom anyway, but they wanted to make easy access from the
beach.
They're also going to make a parklike setting with some picnic
tables, I guess, in there, so the people can bring their boat up and, you
know, have a picnic lunch and use the bathrooms, use the restroom
facility and so forth.
It's -- from what I remember, it's .6 (sic) tenths of a mile, or rather
six tenths of a mile from Tigertail to this spot. And no, you're not
walking along a sandy beach, but yet you can walk there. It's not like
you have to use some special apparatus in order to get there.
And this is -- this is close enough where people from Tigertail
who are playing on the beach and want to go up further and do some
shelling and so forth can at least use a bathroom. It's close enough to
where the boaters can get to and from this spot easily.
And I think we're doing everything that we said we were going to
do. I think that Hideaway Beach is doing everything they said they
were going to do, and I think we're just talking this thing to death.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. And I stopped short
because I was waiting for Commissioner Henning, who's the boater
representative on this board, to see what he had to say. And I guess
the question is boat access, because I -- at the time we were talking
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March 23,2010
about it, I had visions of a different location for the restroom.
And I remember at the time that we were going through the
process, it took four votes to be able to move it forward originally with
the land changes and everything, and I threw my vote into the four to
make four for the simple reason -- and I used the caveat that we offer
beach access to a restroom in a convenient location.
Now, I'm less than certain that this is a convenient location. You
know, if Commissioner Henning tells me that boats can't access it, that
gives me some worry. And I really haven't got a defined definition of
the walkway. I don't know, is there anybody in this room that has
walked from Tigertail Beach to this location?
CHAIRMAN COYLE: Yes.
COMMISSIONER COLETT A: You have?
CHAIRMAN COYLE: I have.
COMMISSIONER COLETTA: Great. Maybe you can share the
experience with us.
CHAIRMAN COYLE: Yeah. There is a path there. It's more of
a muddy sand mix. It's not a sandy beach, and at very high tide,
you're going to get your feet wet. But for those people who like to
walk along the edges of estuaries and look for fish and things that live
in estuaries, it's a perfect location for them. But it is not a sandy
beach.
COMMISSIONER COLETTA: Okay. May I -- and I don't have
a problem with that, because I can see this as being a unique place to
go for a -- for a number of people that would like that experience.
One question I'd like to ask you since you have walked it and
you've been there, when you got to the location where the restroom is
and you looked out at the water, is it a place the boats can
conveniently access?
CHAIRMAN COYLE: It depends upon the tide. It's a very
shallow area that is shoaling in a number of places, and there is a
small creek or drainage that comes out at that point. And it is -- in
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March 23, 2010
most cases you can almost jump across it, but it is not deep at all.
Again, it's more of a small -- very small sinkage.
COMMISSIONER COLETTA: So it's something that you have
to make an effort to; it's not a family park?
CHAIRMAN COYLE: Well, it's something that you'd do if you
like walking along the edges of mangroves and observing what's there,
both water life and flora. It's an interesting walk. It's different from a
sandy beach, but some people like to experience those kinds of things.
I love walking through large mangrove stands. It's a very, very
interesting environment. But nevertheless. It's--
COMMISSIONER COLETTA: With the Chair's permission, I'd
like to engage Commissioner Henning on another question.
CHAIRMAN COYLE: Okay.
COMMISSIONER COLETTA: Yeah. Commissioner Henning,
have you personally taken your boat into this area, or would you be
able to take your boat into this area and go onto this beach at high tide
or reasonably be able to expect to have access to this?
COMMISSIONER HENNING: No, you can't. There's a certain
point down at Hideaway Beach that it just -- when it goes into
Tigertail, that it's just too shallow. There's no way that you can get a
boat up there.
COMMISSIONER COLETTA: So then the original premise that
we were working with for an access point for boaters and people
walking from Tigertail Beach has a flaw in it, and I'm not getting the
kind of answers I need to feel very secure on this.
I would -- I'll tell you what, I would welcome the opportunity to
have this come back. The only thing I would require, if I know we've
got reasonable boat access. I don't expect it to be perfect -- would be
that it be posted on our web site that this particular location's available
with all the particulars about it, how difficult it is to get to, what you
can expect when you get there, and also a posting down to Tigertail
Beach also notifying people that if they follow a certain trail system it
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will lead them to this isolated beach where there is a restroom, picnic
tables, and other amenities.
And still, the issue of the boats hasn't been answered. Can you
give me any more clarity on this?
MR. OCHS: Commissioner, I will tell you from a staff
perspective, this is not a very convenient location for boaters to get
their boat close up to this restroom. Commissioner Henning's correct.
If that's the preference, then we would need to site it somewhere else.
COMMISSIONER COLETTA: Well, what I'd like very much to
see is this item continued. I'm sure we can come up with something
that will meet the needs of everyone, including the people at
Hideaway and the general public out there. I think this falls short of
it.
And I would like to remind my fellow commissioners that in
order for this to go forward, when I gave you my fourth vote, I gave it
in good faith that we were going to do what we said we were going to
do and provide reasonable boat access and foot access. I'm convinced
that the foot access is more than reasonable. I am not convinced that
the boat access is anywheres near what was contemplated during our
discussions.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: Yes. I see that the attorney that's
representing Hideaway Beach is sitting in the audience. So I'm just
going to come forth with what I thought took place at the time that we
discussed this item, and then I'd like to have the petitioner step up and
see if I'm correct or incorrect.
This was a very contentious issue, and one of the reasons that I
voted for it was the TDC renourishment, beach renourishment, funds
to build these --
COMMISSIONER HENNING: T -Groins.
COMMISSIONER HALAS: -- T-Groins was that we were going
to -- and the majority of the conversation was based on foot path,
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having people being able to navigate from Tigertail Beach to this
proposed bathroom. And if there was not going to be a bathroom
there, then I couldn't vote for beach renourishment funds because I felt
that it was important that everybody would get there.
Now, I don't remember the discussion carrying on about boats
being able to get to this point, but that's where I'm going to ask to have
the petitioner clarify that statement.
And -- but I'm hoping that we can move forward with some type
of bathroom facilities. I would really like to see where the bathroom
facilities would be, not just unisex, but that we have a distinction there
of male and female, and -- because I think it would be a better venue.
You don't know how many people are going to be there. Now we're
discussing boats.
But, Bruce, if you could enlighten me about if there was any
major discussions about this being accessible for boating.
MR. ANDERSON: No, there was not extensive discussion.
Let me read to you the paragraphs from that meeting where this
was approved. And I'm quoting from Commissioner Coletta.
I would be very inclined to vote for this if there was just one
simple little measure that would be added to it, and that would be a
restroom facility that could be added at some piece of the property out
there to accommodate those people that are going to walk around.
What are they supposed to do when they come around all the
way from Tigertail Beach and they walk that distance? They get
there, and when nature calls, at that point in time they've got a real
problem.
So you're limited by the size of your bladder, you might say. So
it becomes an issue, becomes a real issue.
If someone from that community would make a commitment to
have a one-stall -- a small one-stall bathroom installed where people
could use it to come there -- I'm sure you're not going to get any large
crowds or the boaters that come there that would have some access to
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a restroom -- my whole feelings on this would change dramatically.
That was the only mention of boating.
The motion was predicated on installing a bathroom in a location
that was acceptable to your staff. This particular location was
approved by your staff. I was not privy to the meetings at the time.
And the location where its at is where the Hideaway property line
meets publicly owned land. And Mr. McAlpin, I think, told you that
this particular location is equidistance between the boating access area
where most of the boaters go and Tigertail.
Now, if we moved it any further along, I'm afraid that there
would be complaints that we moved it too far from Tigertail for people
to be able to walk there.
COMMISSIONER HALAS: Thank you.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yeah. I think -- I don't think
anybody expects boats to just be able to pull up to a bathroom where
it's a beach where you walk on the beach and you -- I mean,
everybody walks on beaches. So if you've got a little walking
distance, whether it's one-tenth of a mile or three-tenths of a mile
where you want to pull your boat in, that should still be okay for
anybody to walk, I don't care -- I mean, let's face it, when we pull
down to the City of Naples Beach and we want to go -- we want to
walk on the beach, we don't have to pull right to the place where we
want because then we don't have the opportunity to talk.
I think that this is a good location. It seems to work for
everybody. We also have to remember that they -- especially this
area, it's a moving beach and it's a moving waterway.
It's changing all the time. The sand is shifting. What we see here
as an island is not even there any longer. Things keep changing.
What, where Sand Dollar Island is, it looked a lot different just 10
years ago, for goodness sake. So these things are changing all the
time. This seems to be a secure place, and I would make a motion that
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we approve.
COMMISSIONER HALAS: I'll second that.
CHAIRMAN COYLE: Okay. We've got a motion to approve
and a second by Commissioner Fiala, question by Commissioner
Henning or comment.
COMMISSIONER HENNING: Just a comment, yeah. I guess
we can tell who's a boater and who's not. The -- we all have the same
needs, just as the public that goes to the beach.
You know, Tigertail Beach -- Tigertail hasn't really changed in
the 40 years that I first went on it. I mean, as a -- I was, I don't know,
nine years old and I was on that beach, and it hasn't really changed.
You have the lagoon. The lagoon is still there.
What has changed is Dollar Island, which was more towards
Hurricane Pass and Coconut Island, has shifted. It has moved to the
south, and one has actually disappeared. So those have changed, but
the Tigertail hasn't changed one bit. It's still a lagoon. It needs to be
filled in.
Can you take care of that, Gary?
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. I'd like to remind my
fellow commissioners, the reason we're having this discussion is not
because we expect the people of Hideaway to give us something for
nothing. There's $1.6 million of tourist development dollars that are
involved in this to be able to make it all happen to be able to preserve
their shoreline.
In order to justify that cost, this commission had to feel
reasonably assured that access was being given in proportion to what
we were giving to Tigertail.
Now, I can tell you, even if we had open access, $1.6 million
would buy an awful lot of access in today's world. This is minimal
access. All I'm asking is that, if this motion fails -- I'll ask the county
attorney first before I get into trouble on this. If this motion fails, can
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I make a motion for continuance, or does that have to take place
before the motion is made?
MR. KLATZKOW: You can make a motion to bring it back if it
fails because it's going to be corning back in a different form.
COMMISSIONER COLETTA: Okay. And I'm not trying to put
undue pressure on the people at Hideaway. I don't want to do
anything to impact their way of life.
As Bruce Anderson so eloquently pointed out, this is right next to
their property line. They couldn't get it any close to Tigertail than this
particular spot. I'm saying if we move it a little bit more down there --
yeah, a little bit more of a walk.
But like Commissioner Coyle pointed out, it's the experience of
the walk and everything, and people that are going to do this, if they
have to go another quarter of a mile, I think it's going to add even
more to their experience. Meanwhile, our boating public could have
more access to this particular location.
I don't want to -- I don't want this thing to go away. I want to be
able to -- be able to make sure we meet the needs of everybody out
there.
CHAIRMAN COYLE: Okay, thank you. I would like to just
make a couple of observations.
Actually, the lagoon, and particularly the northeastern portion of
Tigertail Beach and the lagoon has changed quite dramatically and
will continue to change. And I also used to boat down there many,
many years ago when I an anchored my boat in areas here that are
now so shoaled in that I couldn't even get there.
But the point is, and I think the thing that is frustrating to those
who have gone through the years of planning for this, is that when we
originally discussed it we laid out certain parameters, and it was
clearly intended for the walking public. We wanted to encourage or at
least permit people who wanted to walk up the beach to do so, and we
expressed a fear, a concern, that if they did walk up the beach there
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were no restroom facilities, and so that problem was addressed and
there is a solution.
I think, you know, boaters -- at least when I go out on a boat, I
always have an alternative in the boat, so -- we don't provide
restrooms on Keewaydin Island. Boaters seem to manage rather well,
but -- and we also have to take into consideration the kind of boats
we're talking about.
Yes, you can take kayaks and canoes into that area. You can't
take a deep draft vessel, and by deep draft, I'm probably talking about
two feet, and -- but canoes and kayaks can certainly use the area if
people wish to do that, and that's a perfect way for exploring the
lagoon itself. But a lot of people just like to wade it and just wade
through the lagoon.
And it's -- the way it was originally set up, all the conditions have
been met. We're changing the conditions now and making it more
difficult, and we might not be able to find a final solution to the
problem of allowing boaters of all types, deep draft vessels as well as
shallow draft vessels, to be able to use this area. You know, we might
be establishing conditions that simply can't be met, and that puts us in
a very undesirable place. So with that, I hope I can bring this to a vote
pretty quickly.
Commissioner Coletta, you certainly don't want to talk again, do
you?
COMMISSIONER COLETTA: Yes, I do.
CHAIRMAN COYLE: You do? Okay.
Commissioner Halas?
COMMISSIONER HALAS: Yes. And most boaters -- and I'm a
boater myself. Haven't used it that much -- but most boats have a head
onboard, so there's a way of meeting those provisions when mother
nature calls, so.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: And I appreciate Bruce
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Anderson mentioning the fact that I did reference boaters in my
condition to my vote and why I was supporting it. And I did. You
just repeated it back to me.
MR. ANDERSON: It wasn't a condition.
COMMISSIONER COLETTA: In any case, a question to staff--
because I can see how this is going to go right now. At this point in
time, do we -- once this is built, how will people know this amenity
even exists and the limitations of this amenity? How are you going to
get it out to the public?
CHAIRMAN COYLE: Put it on Facebook.
MR. McALPIN: We will post it on our website. We will also
post it at Tigertail, and we'll work with the Hideaway Beach
organization to post it at Hideaway Beach.
COMMISSIONER COLETTA: Well, in any case, I suppose I
should be very thankful that I got half of what I agreed was going to
happen. And you know, in this kind of world that we're in today, I
should be very grateful for that. Thank you.
CHAIRMAN COYLE: Okay. We have a motion to approve by
Commissioner Fiala, a second by Commissioner Halas.
Any further discussion?
(No response.)
CHAIRMAN COYLE: Okay. All in favor, please signify by
saymg aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
Any opposed, by like sign?
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Okay. It passes 3-2, with Commissioner
Coletta and Commissioner Henning dissenting.
And we're going to break now for lunch.
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MR. OCHS: Commissioner?
CHAIRMAN COYLE: Yes.
MR. OCHS: I'm sorry. If! might, I dragged Ms. Phillippi up
here. I don't know how long you think 14B would take. We have to
be across the parking lot in -- at 12:15, but if you anticipate a lot of
discussion, we can bring her back.
COMMISSIONER FIALA: Does she have a bathroom on that
land?
CHAIRMAN COYLE: Bring her back.
MR. OCHS: What would you prefer, sir?
CHAIRMAN COYLE: No, we can't take the chance. We've got
to get over there and be get back on time.
MR. OCHS: Okay.
CHAIRMAN COYLE: Sorry, Penny.
MS. PHILLIPPI: I'll be back.
CHAIRMAN COYLE: You'll be back. Okay.
MR. OCHS: Thank you.
(A luncheon recess was had.)
MR. OCHS: Commissioners, you have a live mike.
CHAIRMAN COYLE: Where we going?
Item #7 A
RESOLUTION 2010-70: CU-PL2009-405: A CONDITIONAL USE
IN THE GALLMAN OLDS PUD ZONING DISTRICT ADDING A
GOVERNMENT FACILITY, LIMITED TO A BUS TRANSFER
STATION PURSUANT TO LDC SECTION 2.01.03.G.l.E,
ESSENTIAL SERVICES. THE SUBJECT 10.04 ACRE
PROPERTY IS LOCATED ON THE SOUTH SIDE OF RADIO
ROAD EXTENDING TO DAVIS BOULEVARD,
APPROXIMA TEL Y 1,000 FEET FROM THE RADIO ROAD AND
DAVIS BOULEVARD INTERSECTION IN SECTION 3,
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TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA - MOTION TO APPROVE W/CCPC CONDITIONS
AND INCLUDING #6 & #8 - ADOPTED W/AMENDMENTS
MR. OCHS: Sir, we'll begin with your advertised public
hearings section of your agenda with 7 A. This item requires that all
participants be sworn in and ex parte disclosure be provided by
commission members.
It's CU-PL2009-405, Collier County Alternative Transportation
Modes Department, represented by Abra Horne, AICP, of
WilburSmith Associates, is requesting a conditional use in the
Gallman Olds PUD zoning district to add a government facility
limited to a bus transfer station, pursuant to Land Development Code
Section 2.01.03 .G.1.e, essential services.
The subject 10.04-acre property is located on the south side of
Radio Road extending to Davis Boulevard approximately 1,000 feet
from the Radio Road and Davis Boulevard intersection in Section 3,
Township 50 south, Range 26 east, Collier County, Florida.
And Ms. Michelle Arnold will present.
CHAIRMAN COYLE: Okay. We need to swear in everybody.
Would all those people who are going to give testimony in this
hearing please stand, raise your right hand, and be sworn in.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN COYLE: Thank you.
Now we'll have ex parte disclosure by commissioners, starting
with Commissioner Fiala.
COMMISSIONER FIALA: Yes. I have -- I have a staff report
dated January 7th, a flier advertising this correspondence and a
petition from B. Kearney dated 11/23/09. Let's see, ENACTS
presentation; ENACTS -- whatever that is -- presentation, and also I
went over to see the facility, took a look at it myself, and I've spoken
with staff members on this.
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CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: Yes, thank you very much,
Chairman.
I've had correspondence, both with emails and correspondence
with staff, and also read the report by the Planning Commission, and I
believe that's all of it, and it's all here in my file.
CHAIRMAN COYLE: Okay. I have had meetings with staff
and with members of the public, I have received correspondence and
emails concerning this thing, both for and against it, I have read staff
reports, and all the information is in my public file if anyone wishes to
read it.
COMMISSIONER FIALA: And Commissioner Coyle, I'm
sorry, but I didn't mention I had emails and correspondence as well,
and they're also in my file. Excuse me for interrupting.
CHAIRMAN COYLE: Okay, thank you. That's all right.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes, sir. I have had meetings,
correspondence, and emails, I've met with numerous people from the
public on this, I've talked to Mark Strain several times, I've talked to
staff, and anyone that wishes to see my file, it's available up here.
CHAIRMAN COYLE: I'm sorry. Commissioner Henning?
COMMISSIONER HENNING: I had community meetings, I've
had meetings with staff, I had several phone calls, numerous emails, a
petition, Planning Commission's report. They're all in my file if
anybody wishes to view it.
CHAIRMAN COYLE: Okay. Thank you very much,
Commissioners.
Michelle, it's all yours now.
MS. ARNOLD: Okay, thank you. For the record, Michelle
Arnold, Alternative Transportation Mode Director.
We're here today to request the board's consideration for
conditional use for our Radio Road location to allow transfer activity
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for our chanted operations.
With me today is Abra Horne with WilburSmith Associates --
she is the petitioner. She's acting on our behalf -- as well as our
Transportation Specialist, Chris Swenson. And I'm going to have
Abra do a short presentation for the board to review what we're
requesting exactly. Thank you.
MS. HORNE: Good afternoon. I'm Abra Horne. If it's all right
with you, I'd like to make a brief presentation. Before I do that, I
would like to cover a couple of housekeeping matters, because this is a
quasijudicial hearing.
I do need to take care of a couple housekeeping matters. One is
to qualify myself as an expert witness. I have 18 years of experience
in local government planning and in the private sector serving as a
consultant. The focus of the first half of my career was land use
planning, including serving as the development review chair for the
City of DeLand, and serving as growth management planner,
long-range planner for the City of Okoye.
Since joining the private sector, I have reviewed -- continued to
review conditional use applications, and I have focused my practice on
transit planning, including intermodal stations.
CHAIRMAN COYLE: Thank you.
MS. HORNE: One other housekeeping matter that I'd like to
take care of before we start the presentation. I have given to the court
reporter a copy of the slides that we presented at the Collier County
Planning Commission meeting. I'm entering that into the record,
because it is a quasijudicial hearing, so that all of the expert witness
testimony that occurred at that meeting is in the record.
The conditional-- whoops, I'm sorry. Jumping ahead of myself.
The requested action is a conditional use that would allow the
transfer of passengers and opportunities for each of the bus routes to
meet. Bus passenger transfer facilities are places where a person can
get on and off a bus. Typically multiple routes meet together at the
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March 23, 2010
same time so that passengers are at -- are waiting only a few minutes
on site.
Reasons for making a transfer. It might include that a person's
home is on one route and their work is on another route.
This type of facility enhances the safety of the traveling public,
drivers, passengers, pedestrians, and CAT operators.
The requested conditional use represents a very incremental,
small change. The staff report states that the site used by CAT for
their administration and operations office, vehicle storage, parking,
repairs, maintenance, fueling, vehicle washing and cleaning -- for the
record, so that we can understand the nature of this conditional use, I'd
just like to talk to you for a few minutes about the activities that take
place there today.
Each day the fixed route bus operators arrive well before the
morning rush hour. They start their vehicles. Overnight the buses are
parked there. The vehicles are maintained at that site. Paratransit
vehicles are parked there. Employee cars are parked at that site.
Passenger vehicles corne to the site. For example, paratransit
passengers, those folks who cannot ride fixed route service, go to the
CAT administration center and are qualified for paratransit services.
Other county vehicles are also parked there.
As I said, the bus drivers arrive early in the morning, they warm
up their vehicles, they inspect the vehicles before they get on the road.
Many routes operate longer than one driver's shift, so a second driver
would arrive later in the day, and the supervisor would take them to
the bus route so that they could switch drivers.
The fleet maintenance staff takes care of all of the CAT fleet
vehicles, and I think I've offered most of them, most of the activities
that currently take place there.
Can you hear me okay?
COMMISSIONER HALAS: Yes.
MS. HORNE: Struggling with my voice, I'm sorry. Apparently
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there's something going around at my son's school.
Today there are CAT routes that operate adjacent to this facility.
As you can see with the illustration, Route 3A and B, which is one
route, stops by the CAT facility today 20 times along Radio Road
each day. Routes 5 and 6 cumulatively stop along Davis Boulevard
adjacent to this site 34 times per day. Throughout the average
weekday, these three routes result in 54 stops adjacent to this site
today.
This slide, what I would like to illustrate here is the difference
between what happens today as shown in the purple. So the purple
route operates along this corridor in this nature today, and the change
that would take place if the conditional use were approved is
illustrated in the red.
So the difference between the operations of the vehicles along
Radio Road is the difference between the purple and the red line.
If the conditional use were approved, these bus routes that
already pass by the facility today would simply enter the site from
Radio Road. Having these buses enter the site would improve
passenger and vehicular safety. It would also improve passenger
travel, improve efficiency, allow CAT staff on site to monitor
passenger activities and answer questions and reduce conflicts with
drivers driving along Radio Road.
The buses, as I mentioned earlier, would park briefly to allow
passengers to move from one bus to another, and then the buses would
depart via Radio Road.
Route 5, again, I'd like to illustrate. The time points are shown
on the left, and the red line illustrates the difference in operations
between what happens today.
Route 5 already operates along Davis Boulevard to serve the
homes, businesses, and other destinations located in Immokalee and
Naples. Buses circulate today as indicated with the blue line. The
requested conditional use requests that the buses enter the CAT ops
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center and circulate an additional 2,000 feet along Radio Road before
entering the CAT ops center to load and discharge passengers.
Buses would turn right as they exit so as to minimize
unnecessary travel along Radio Road and to use the signal at Radio
Road and Davis Boulevard.
Again, the yellow route is very similar, and the red shows the
difference. You get the idea. I won't restate the obvious.
As for the physical improvements that we are proposing at this
site, these are conceptual illustrations to give you an indication of
what improvements would be made.
The picture on the far left is the area that would be improved for
bus passenger waiting. The type of safety device that is shown in the
center is what we anticipate the bus bays would look like, where the
buses would park while the passengers are loading and discharging.
And the picture on the far right is an example of another transfer
facility. Just to give you an idea of what it looks like when it's
constructed with the bus parking spaces. There would also be a
shelter to protect passengers from the weather.
Phase 1 improvements that are illustrated on the site plan that
you have are pavement markings, bus parking spaces, a shelter from
the weather, as I mentioned, bollards, parking, and crosswalks, all to
enhance the safety and reduce the number of conflicts between
passengers, drivers, and pedestrians.
Phase -- excuse me. Phase II, vehicle storage area improvements
would be made, a pad for refueling, and a driveway improvement on
Radio Road. Again, the area shown on the picture on the right is the
area that would be improved for vehicle storage.
Recently, the ATM department had a meeting with ENACTS, the
community group that we have been interacting with for over a year
for this project, and they asked whether Collier A TM would consider
changing the driveway layout on Radio Road to one-way pair.
The illustration on the bottom is to give you an example of what
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we're talking about. Today the in-and-out movements occur on one
driveway cut. In the future, if we analyzed this and if it worked, if we
found it to be acceptable, then the operations would be the example B
on the right so that the buses would go in on the green arrow and exit
on the yellow arrow. So that would result in two driveway cuts.
As noted in the staff report and based on my own analysis, this
application is consistent with the Land Development Code, with the
Comprehensive Plan. I noted a number of additional policies in -- at
my presentation before the CCpc. I won't restate those today in the
interest of time. It is compatible with the neighborhood, as I
illustrated in my previous presentation, and not detrimental to the
public welfare.
Ingress and egress to the property has been planned, the effect on
neighboring properties I also addressed in my previous presentation,
and compatibility with adjacent properties and other property in the
district.
In particular, I'd like to emphasize that by serving public transit
and making it more efficient and effective, we serve the traveling
public and improve the community.
One of the questions that has come up as we have been working
on this project is condition number six, so we put together this
illustration to help clarify the matter. Today the existing bus routes
pick up and distribute passengers in the vicinity of the CAT facility, as
I showed you earlier on the maps.
So again Route 3, 5, and 6 currently operate in that vicinity. In
the future the maximum number of transferred trips would be limited
to ten. That's the number of buses that are illustrated in the drawing
below in example C. And as based on the traffic impact study that we
submitted with our application, the analysis anticipated that each
route, bus route, would enter the site twice per hour. What we tried to
do was to plan a facility that addressed the service that's being
provided today and allowed modest room for service enhancement in
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the future.
With that, I will conclude my presentation and make our team
available to answer any questions you might have.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. You were saying how many
trips you had from the different routes. You had a slide on that. Can
you tell me how many there are again right now?
MS. HORNE: Today -- do you want me to go back up to where I
said how many times they stop per day?
COMMISSIONER FIALA: You can just rattle them off if you
know them.
MS. HORNE: There are, let's see, 20 trips for Route 3 -- 20
times a day the bus stops along Radio Road in front of the CAT
facility today.
COMMISSIONER FIALA: Twenty times a day?
MS. HORNE: A day today, and then the combination of Routes
5 and 6 is 34 times per day, the bus stops along Davis Boulevard
adjacent to this site.
COMMISSIONER FIALA: God bless you.
MS. HORNE: Yes.
CHAIRMAN COYLE: And you, too.
COMMISSIONER FIALA: And then it says here on number 6,
you would have two-way bus trips, ten, which would mean 20 trips,
right, per hour, right?
MS. HORNE: I'm going to defer to Chris Swenson because I'm
not a traffic analyst, as I mentioned when I qualified myself. So I'm
going to defer to an expert.
COMMISSIONER FIALA: Then I wanted to know how many
hours a day we were talking about.
MR. SWENSON: For the record, Chris Swenson, WilburSmith
Associates, registered professional engineer in Florida for the past 21
years now.
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March 23, 2010
Traffic engineers try and make trips as difficult as possible, I
think, just to confuse the public, so it's a very good question.
With this slide, what Abra is showing is that a trip as far as what
we planned and as far as what was presented in the traffic impact
report assume the bus to go in and then leave the facility. That would
be one trip.
And in the peak hour, we're looking at the report, there being ten
trips in, out, during the peak hour. That's what's anticipated in the
traffic report that was submitted. I hope I answered your question.
COMMISSIONER FIALA: Yes. So that's 20 by the time you
get in and out. But what I really -- and that's per hour. How many
hours?
MR. SWENSON: That would just be for the peak hour.
COMMISSIONER FIALA: Yes, but how many hours a day are
you in operation?
MS. HORNE: Transit -- transit typically operates between 14
and 17 hours per day. I believe right now you're operating about 16
hours per day from my recollection of the schedule. So that's what I
would anticipate in the future.
COMMISSIONER FIALA: I've just got my little calculator
here. I want to figure out how many trips. What I'm thinking about is
congestion on the street and other people, because you're in a
working-class community around that -- in that surrounding area.
These people also have to get to and from work, and I'm trying to
think if they'll be able to move if we are crowding it with buses. So
thank you.
MS. HORNE: I appreciate that concern. I did put together those
illustrations I showed you earlier for that reason.
The point that I would like to make is, there's a very nominal
change. The reason I showed you these three maps is, today the route
operates in the area that you can see in purple. Even if you don't
approve this conditional use, those buses will still stop along Radio
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Road 20 times per day, because that's what they do today.
COMMISSIONER FIALA: Right, totaling 54 times per day;
whereas, if you're using the 20 times per hour or ten times per hour,
that's -- even if it's ten times per hour -- we're not talking about getting
back out again -- that's still 170 times a day versus 54.
So what I'm -- what I'm trying to do is just kind of figure out --
MS. HORNE: And that's the one thing -- I guess the difference
that we anticipated in the traffic impact study, based on my direction,
is that today the buses are operating once an hour along these routes.
In the future we expect that you might invest, and I say might invest,
in having service every 30 minutes.
So if you were going to look at the incremental difference, it's not
the total number. It's how your system might grow if the commission
funded that. Because as you know, operations costs come from the
county.
And then Chris?
MS. SWENSON: If I may, Madam Commissioner, one other
thing to point out is, just like automobile traffic on a roadway is
highest during the p.m. and, to a lesser extent, the a.m. peak hour, so is
transit usage. So we're talking about the highest hour of usage here.
During the off-peak hours, there would be fewer trips in all
likelihood. I haven't looked at the exact schedule, but you can't say
ten trips in the peak hour would be 170 trips over the course of the
day. It would be less because there would be fewer trips during the
off-peak hour because the demand would be less.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: Well, you already have the right
to do repairs and storage --
MS. HORNE: Yes, sir.
COMMISSIONER HENNING: -- of the transit, so all you're
doing is asking to use it for a transfer station?
MS. HORNE: Yes.
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March 23, 2010
COMMISSIONER HENNING: So qualifying that, I just have a
question for the county manager.
Do you ever envision in the future a need for two bus barns
where you park and repair, like an urban and a rural? Of course, you
have two urban areas, one being Immokalee.
My point is, Immokalee, those people going back in the evening,
that's a long way to go for the bus driver to go from Immokalee back
to the urban area.
So with that said, do you ever see a need for another facility?
MR. OCHS: I'm going to ask Michelle to address that, sir,
because they've done some of their long-range planning.
COMMISSIONER HENNING: Oh, I see.
MR. OCHS: I don't really know at this point what our demand--
COMMISSIONER HENNING: I thought you knew everything.
MR. OCHS: No, sir.
COMMISSIONER HENNING: That's what I was told.
MR.OCHS: Well--
CHAIRMAN COYLE: He tells me that all the time.
MR. OCHS: That must have been where you heard it.
MS. ARNOLD: He knows most things.
We anticipate that that could be a potential need for the future.
We're actually going through our transit development plan update, our
major update right now, and that's one of the things that we would
look into in the future to determine if there is a need for an eastern or
northern facility to accommodate the expansion in the future.
COMMISSIONER HENNING: As long as you're looking at it,
that's good, because we can't, in my opinion, for the long range of
Collier County, locate facilities of that nature in one area.
MS. ARNOLD: Right.
COMMISSIONER HENNING: It's just too much impact. And
I'm glad our staff, county manager's staff, has recognized that from
their original petition of limiting the number of transfers to be -- to be
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used there. That's smart thinking.
And, in fact, Michelle told us at our MPO of building a facility
here for those customers over here. So I'm really, really happy -- of
course I'm going to wait for all the testimony -- that our staffhas
recognized the need for different facilities in Collier County.
MS. ARNOLD: Thank you.
COMMISSIONER HENNING: That's all.
CHAIRMAN COYLE: Okay. Thank you very much.
Commissioner Fiala, could I ask a question?
COMMISSIONER FIALA: Sure.
CHAIRMAN COYLE: It might clarify -- turn your light back on
because I just knocked it off.
I'd raised a question about the definition that you had included in
the executive summary. It was very -- for me it was very confusing.
And you suggested an alternative, John. Is that alternative still
acceptable to the staff? If it is, I would prefer that the board hear that
and see if it is acceptable. Have you -- has it not been staffed then?
MS. ARNOLD: No, we did see it, and that -- you're referring to
is -- the clarification was for the condition that said no more than ten
fixed route p.m. peak hour two-way bus trips?
CHAIRMAN COYLE: Yeah. I can't even figure what that
means, as you know from my email to you. And you suggested that
you could rewrite it so that it's clearer.
MS. ARNOLD: To read, ten passed or bus trips ends within the
same hour. Is that--
CHAIRMAN COYLE: Well, the conditional use shall be limited
to a maximum often fixed route two-way bus trips, five inbound, five
outbound, during anyone hour of scheduled passenger transfer
operations at the site.
At no time shall the total number of scheduled transit stops
exceed the maximum number of five scheduled routes per hour
throughout all operating hours of the site. Is that still acceptable to
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you?
MS. ARNOLD: Well, I'm going to let the transportation folks do
that.
CHAIRMAN COYLE: Okay.
MS. SWENSON: Actually -- Chris Swenson, again, for the
record. Actually when you refer to trip-ins, strange things start to
happen, and that would cut the number of trips allowed in half.
Without getting too much into the definition of trip-ins, basically
when a bus enters, that's a trip-in. If it's the same bus, when it leaves
that's a trip-in.
What we're looking at having occur is ten buses coming in during
the peak hour, making their transfer, and then those buses would
leave.
Ifwe refer to that as ten trip-ins, we would only be able to have
five buses come in during the peak hour, make their transfers, and
leave. So unfortunately we got into a little technical term of the art
there.
I don't think there's any objection to saying that could be the
maximum in anyone hour. P.m. peak is relatively normal. But if you
change that to trip-ins, you will cut the number of buses that can come
in and out in half.
CHAIRMAN COYLE: Okay. This is the transportation
department's wording, not mine. Are you saying that you do not agree
with what the transportation department said when they responded to
my email?
MR. CASALANGUIDA: Commissioner Coyle, for the record,
Nick Casalanguida.
John had sent the email, John Bonzute (phonetic) down to
review, he was saying the same thing, trip-ins. What I have for you in
the slide on the viewer is what was presented to the public, and that is
2014 traffic expected for this facility, which was ten in and ten out.
CHAIRMAN COYLE: Okay. Listen, I'm not going to belabor
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March 23, 2010
this.
MR. CASALANGUIDA: Sure.
CHAIRMAN COYLE: I can just tell you that the current, no
more than ten fixed route p.m. peak hour two-way bus trips doesn't
mean sense, and I defy anybody to calculate what it is, because it
doesn't place any limits on the nonpeak hours. You can have a
thousand bus trips in the nonpeak hours, because your definition now
only addresses peak hours.
So if that's okay with the commissioners, I'm ready to -- I'll -- I'm
willing to go with it, but I think it is unnecessarily vague.
MR. CASALANGUIDA: Sure.
CHAIRMAN COYLE: Okay.
MR. CASALANGUIDA: Further, to address the transportation
question that carne earlier about capacity on those two facilities, in the
year 2014, there's over a thousand vehicle trips left on both Radio
Road and Davis Boulevard that are extra. So both of those facilities
have plenty of capacity with the roads that are programmed in for bus
trips.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Yes. I'm mainly concerned about
traffic congestion, as I'm sure everybody up here is.
MR. CASALANGUIDA: Sure.
COMMISSIONER FIALA: Because we want to make sure that
traffic can still move smoothly in that area. Is there some type of way
that we're going to monitor that?
MR. CASALANGUIDA: Your concurrency management
system does, and what we have right now is, Radio Road shows a
capacity right now remaining of about 1,200 trips. Davis Boulevard
on the other side is scheduled to be widened in 2011/12 by the state
and would have a remaining capacity of 1,400 trips. So they're going
to be two of our best operating facilities in the next five years. And
we monitor that every year through the AUIR process.
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COMMISSIONER FIALA: Okay. Now, I've seen the facility
and it's great, by the way. I just think it's going to be perfect for this.
I don't have any problems with it. I just want to make sure that we're
considering the traffic congestion in that area, and also I think it's
worthy -- although Commissioner Henning has already stated it -- I
think I'd like to make sure that people understand this is only one
transfer station, and it's the -- it's not the primary transfer station.
We're going to be building one right here on the government complex
to be the primary transfer station.
And as Commissioner Henning had suggested, it would be good
to have one at another point in the northern end to make bus
transferring easy. So just so that people don't think this is the only
transfer station we're going to have. I just wanted to clarify that point.
CHAIRMAN COYLE: On Vanderbilt Beach Drive; it's going to
be placed there.
MR. CASALANGUIDA: Commissioner Fiala, we are a
relatively young, I would say, almost immature, public transportation
system. We have many more transfer and sub-transfer stations that
we're going to be looking at in the future, so --
CHAIRMAN COYLE: Commissioner--
COMMISSIONER FIALA: Yeah, just so that people don't feel
it's all in just one area. I don't want them to be discouraged with that.
MR. CASALANGUIDA: Yes, ma'am.
COMMISSIONER FIALA: Thank you.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes, thank you. I think it's
worth noting the fact that the Planning Commission has done an
excellent job of fielding this out there and staff working with them,
and you all reached the same conclusion along with the public as how
you were going to have limiting factors to be able to make sure this
thing just doesn't suddenly blossom into something that will be
all-consuming.
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March 23, 2010
You want to talk a little bit about the process that took you to that
point? And the fact we have so few people in the audience to address
it today tells me that you did an excellent job of getting it to this point.
MR. CASALANGUIDA: To the credit of our consultant and
Michelle, they've done an excellent job. I've had limited participation,
but I can tell you that there's not a lot of folks here.
We have done a good job, and our goal and the reason we've
agreed to these limiting factors, Commissioners, is that we can prove
that we can be good neighbors for the next five years, ten years, and if
we need more additional capacity at this location, we can show a track
record of being a responsible neighbor, and that way the community
can feel like, okay, they've limited themselves with this first
application, they've not asked for the moon. Let's see what happens.
And if you do well and we need more capacity at this station, we
can come back to the board, and we would have to come back to the
board.
COMMISSIONER COLETTA: If you were ready to close the
public meeting, I'd like to make a motion.
CHAIRMAN COYLE: We have a public speaker first.
COMMISSIONER COLETTA: Oh, forgive me.
CHAIRMAN COYLE: Okay. So let's call the public speaker.
MS. FILSON: Bill Kearney.
CHAIRMAN COYLE: Why? What are you doing?
MS. DESELEM: Excuse me. For the record, Kay Deselem.
One of the things that they showed on the slide was relatively
new to staff, and it addressed their in and out that they want to have on
Radio Road. Right now there's only one access point shown there. So
to make it clear that that would be an allowable thing to do, staff, in
conjunction -- zoning staff, in conjunction with the County Attorney's
Office, is recommending that a condition number eight be added to
make it clear, so when they corne in for Site Development Plan, it's
clear that they're not tied to that one site.
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So our recommended condition would state, the driveway layout
on Radio Road may be two one-way pairs rather than one driveway
openmg.
CHAIRMAN COYLE: Okay, thank you. Okay.
MS. FILSON: Mr. Kearney?
MR. KEARNEY: Thank you. First of all, just to be perfectly
clear, the group that I represent no longer will continue their
opposition efforts. We're ready to move forward from this day
forward, but we wanted to share in summary what has happened, and
from our point of view for that time period.
Our appreciation is extended to each of you for giving us these
few minutes to share a summary of our analysis for the proceedings
related to the placement of a bus transfer station at the ops center on
Radio Road.
My name is Bill Kearney, and I reside in Sapphire Lakes on
Radio Road. Today I represent a group of dedicated citizens from
East Naples known as ENACTS, which stands for East Naples
Against County Transfer Site. In excess of 15,000 citizens reside in
the communities most affected by this decision.
We did share copies of our petitions containing approximately
1,000 signatures supporting our efforts with each of you. Our
opposition began almost three years ago. The county announced that
they had chosen the new ops center as a bus transfer site.
A number of citizens came together and formed ENACTS and
have spent many hours during the time period preparing and defining
our reasons for the opposition. We've been involved in many
meetings with county transportation staff under the directorship of
Diane Flagg and Michelle Arnold, we have met with each of you
presenting the same information and trying to do all we could to
justify that the selection of this site was a mistake and the reasons why
it would have a negative impact on our communities that surround the
ops center.
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Unfortunately, our efforts proved fruitless, supported most
recently by the unanimous decision by the County Planning
Commission and their recommendation to grant conditional use of the
ops center as a bus transfer site.
The unanimous vote was a major disappointment, naturally, to
us. Because of this, it is felt by all of us that the County Commission
will also vote in favor of this recommendation. We did, however,
want to share with you a brief summary of the activities that have
occurred over the past three years and make sure that the reasons for
our disappointment are legitimate.
Activities have included surveys of other communities similar in
size to Greater Naples, both in state and out of state, that supported
our reasons for opposition, recommendations for alternate sites to be
considered, one of which was a very viable alternative, meetings with
county transportation staff with all -- which always results in feedback
that basically told us reasons why recommendations could not be done
rather than saying we will look into it.
All of these activities basically reinforced our belief that
decisions had already been made and that most of our sessions at
community meetings were held as a courtesy rather than serious
consideration given to these concerns.
In conclusion, I want you to be aware that ENACTS will
continue informally to be a watchdog as future activities occur at the
bus transfer site and the ops center. Some of this has already been
shared with Mr. Feder at a meeting on March the 11th. We feel we
owe it to our residents to continue informally to be involved.
Basically I think I've said enough. Again, I thank you for this
time. Appreciate your decision here.
CHAIRMAN COYLE: Thank you. Okay?
MS. FILSON: Oh, I'm sorry. That was your final speaker, sir.
CHAIRMAN COYLE: We'll close the public hearing.
Commissioner Henning?
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March 23, 2010
COMMISSIONER HENNING: Thank you. Again, I want to
thank our staff for doing an outstanding job of communicating with
the residents in the area.
I know this is very contentious, as we heard from Mr. Kearney,
that I think goals and objectives of community service has been met;
therefore, I make a motion that we approve the conditional use with
the conditions of the Planning Commission, and I want to clarify some
of these other conditions of staff.
I think Commissioner Coyle made a very good point; it doesn't
really set a maximum. So number six, staffs recommended six,
maximum, no more than ten fixed route, that a p.m. peak hour
two-way bus trip per hour to Radio Road can be generated by this
transfer station use, and I think that clarifies that is a maximum of use.
And condition number eight, Kay, may you please assist me on
the driveway?
MS. DESELEM: Would you like me to read it into the record
again?
COMMISSIONER HENNING: Yes, thank you.
MS. DESELEM: Certainly. The driveway layout on Radio
Road may be two one-way pairs rather than one driveway opening.
COMMISSIONER HENNING: And that's condition number
eight included into the motion.
CHAIRMAN COYLE: Okay. All right. Very well. We have a
motion with amendments to the staffs recommendations.
Commissioner Coletta?
Is there a second?
COMMISSIONER COLETTA: Well, I might be willing to
second it if I can ask a question.
CHAIRMAN COYLE: No.
COMMISSIONER COLETTA: Okay. That was easy.
CHAIRMAN COYLE: Go ahead.
COMMISSIONER COLETTA: Yes. Commissioner Henning's
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recommendations for the wording, what would that do with this whole
plan to be able to service the public? I think that's what the
reservations are on this. I feel a little fear from myself that we might
be limiting ourselves to the fact that all of a sudden we're going to find
ourselves against the wall with no ability to be able to --
MS. ARNOLD: No. I think staff is fine with those changes.
COMMISSIONER COLETTA: They're fine with the changes?
MS. ARNOLD: Yeah.
COMMISSIONER HALAS: Are you fine with the changes?
MS. ARNOLD: Yes.
COMMISSIONER COLETTA: Okay. And so by no means is
this going to restrict us to the point where a year and a half from now
we're going to have people coming in here ringing their hands? Does it
further limit us from what was originally there?
MS. ARNOLD: No, because what was added is that a p.m. peak
hour -- and we're fine with that, and it's not limiting us.
MS. SWENSON: Again, Chris Swenson, for the record. The
only thing that would concern me is that -- if we use the term ten
trip-ins. As long as we say ten trips, we're fine.
COMMISSIONER COLETTA: But what did Commissioner
Henning say?
MR. OCHS: Ten trips.
MR. SWENSON: I just heard trips.
COMMISSIONER COLETTA: Okay. So as long as it's just
trips, that's fine?
MR. SWENSON: Yes, sir.
COMMISSIONER COLETTA: Okay. In that case, I second
Commissioner Henning's motion.
CHAIRMAN COYLE: Okay. Is there any other discussion?
(No response.)
CHAIRMAN COYLE: All in favor of the motion, please signify
by saying aye.
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March 23,2010
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. ARNOLD: Thank you.
MS. HORNE: Thank you.
Item #10C
FORECLOSURE-RELATED GUIDING PRINCIPLES AS
PROVIDED BY MEMBERS OF THE COLLIER COUNTY
FORECLOSURE TASK FORCE UPON REQUEST OF THE
BOARD OF COUNTY COMMISSIONERS IN ADDRESSING
ANY FORECLOSURE LEGISLATION CONSIDERED IN THE
FLORIDA LEGISLATURE - MOTION TO SEND A STRONG
LETTER TO THE FLORIDA LEGISLATURE WITH
AMENDMENTS - APPROVED
MR. OCHS: Commissioners, that takes you to your two p.m.
time-certain hearing, which is Item 10C on your agenda. It's a
recommendation to approve foreclosure-related guiding principles as
provided by the members of the Collier County Foreclosure Task
Force upon request of the Board of County Commissioners in
addressing any foreclosure legislation considered in the Florida
Legislature.
And Ms. Debbie Wight will present.
MS. WIGHT: Good afternoon, Commissioners. Debbie Wight,
Assistant to the County Manager.
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March 23,2010
You have before you a -- an executive summary with the
recommendation to approve the foreclosure-related guiding principles
as provided by members of the Collier County Foreclosure Task Force
upon request to the Board of County Commissioners in addressing any
foreclosure legislation considered in the Florida legislature during this
2010 legislative session.
You have -- you asked at the March 9th Board of County
Commissioners' meeting for members of the task force to go back and
come back with some recommendations for guiding principles. And
we do have two members of the task force here if you would like -- if
you would like me to defer to them to present those to you, Mr.
Patrick Neale and Diane Flagg, your enforcement director, if you
wanted to discuss them, or if you're ready to -- if you have questions.
CHAIRMAN COYLE: I don't -- we've read them. We've got the
letter. I don't think anybody needs to explain them to us.
But, Pat, I would like to get your reaction to something. The--
it's my recollection that the staff has actually shortened your last -- the
last recommendation on this list from what you had originally written.
The staff says that the BCC believes it is essential that unpaid
condominium and homeowners association fees be addressed in a fair
and equitable manner. That's a fairly broad statement. I think your
letter to us originally had a little more detail with respect to when you
thought banks should assume the responsibility for payment.
MR. NEALE: Well, we -- in the recommendation -- and just --
by the way, for the record, Patrick Neale.
In the memorandum of March 15th, which we sent to the Board
of County Commissioners, upon which this executive summary was
based, in our point we did say that basically it was a very complex
issue. You know, we all understand that there's a lot of elements to it.
But there was some sentiment in the group that the lender in a
non-homestead or vacant property foreclosure should be required to
commence payment of assessments upon the commencement of the
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foreclosure action. And in a case of a property that is rented, the
association should have the right to the rental payments in order to pay
delinquent assessments. That was not a formal recommendation of the
group, but just that there was some sentiment that that was an
appropriate -- appropriate action to take.
CHAIRMAN COYLE: Do you think that our correspondence to
the state legislature should include that language?
MR. NEALE: I would certainly suggest that the correspondence
to the state legislature should emphasize that the issue of
condominium and homeowners association assessments being unpaid
is causing some significant difficulties for a number of the
communities in Collier.
CHAIRMAN COYLE: Okay. Commissioners, the reason I'm
bringing this up is that our observation in the letter that you're going to
tell me to send and give to Commissioner Halas and Commissioner
Coletta to take up with them tomorrow when they're going to be in
Tallahassee essentially says that we just think it should be addressed
in a fair and equitable manner. There's no guidance as to how that's
going to be done.
And I'm wondering if we should not include some of the specific
verbiage that the task force had provided us in their letter.
COMMISSIONER HALAS: Definitely.
CHAIRMAN COYLE: So is there a problem with that?
COMMISSIONER FIALA: You've got three nods right here.
COMMISSIONER COLETTA: Good idea.
MS. WIGHT: No. You wanted me to add that back in? I'm
sorry .
COMMISSIONER HALAS: More language.
CHAIRMAN COYLE: Yes, yes.
MS. WIGHT: No, that's all right. And I apologize for editing
that out. It's just it didn't -- in my interpretation it wasn't a consensus
of the whole group, I guess, is how I interpreted it, but I can put it
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back in.
CHAIRMAN COYLE: Okay. Well, if it's a consensus of the
board, I guess that's the thing that really makes --
MS. WIGHT: That's all that matters.
MR. NEALE: The important issue is the consensus of the board,
not the consensus of our group.
CHAIRMAN COYLE: That's right.
MS. WIGHT: Sure.
CHAIRMAN COYLE: I thought it was good idea. At least it
provides some guidance as to how they could handle it.
MS. WIGHT: Sure.
CHAIRMAN COYLE: They might disagree with us, but at least
we're sharing with them something specific that we'd like for them to
do.
MR. NEALE: I'd also like to bring one more thing to the
attention of the board, is that one of the bills that is promoting the
non- foreclosure -- the house bill that's promoting the nonjudicial
foreclosure aspect, which is addressed in here, is proceeding through
committee right now and, in fact, it passed its first committee
yesterday by a 10-4 vote.
So I would suggest to the board that they -- the board direct the
county's lobbyists and the board members that are going up there to
monitor this very closely. Certainly myself and the other members
that were looking at this are going to keep an eye on it as it goes
through the legislature as well.
CHAIRMAN COYLE: Well, the letter is already prepared for
my signature, depending upon the board's vote here, so we can have it
-- we can give it to the two commissioners who are going up
tomorrow, we can fax it up or email it to our lobbyist and to our
legislative delegation hopefully this afternoon.
MR. OCHS : Yes, sir.
CHAIRMAN COYLE: So we are trying to move as quickly as
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March 23, 20]0
possible.
MR. NEALE: I appreciate it.
CHAIRMAN COYLE: So hopefully it will have some impact.
Okay. Commissioner Fiala?
COMMISSIONER FIALA: Could I just jump in here and say --
CHAIRMAN COYLE: Yes, go ahead.
COMMISSIONER FIALA: -- this is exactly why it's important
for us to send our representatives up there so that they can lobby on
our behalf and explain to them, answer questions, but push forward on
issues like this that are so very important to our residents. And I'm
just grateful that these two gentlemen will go up on our behalf and
represent us. Thank you.
MR. NEALE: And just one other comment, Commissioners.
Certainly I'd like to make sure that the board understands that the
members of this group are more than happy to volunteer our time. If
you have any questions or any concerns during the pendency of the
legislative session on this matter, please give us a call.
CHAIRMAN COYLE: I've already made that observation that
we'll be happy to send you up to consult with them if they need any
assistance.
COMMISSIONER HALAS: In fact, you want to come up with
us tomorrow?
MR. NEALE: I have a full day tomorrow, but I can make it up
Thursday.
COMMISSIONER HALAS: I'm serious.
CHAIRMAN COYLE: Commissioner Halas, your light's on.
You can go ahead.
COMMISSIONER HALAS: Yeah, Pat. I want to say that I
commend the group that you've been working with in regards to this.
And this is a serious matter for all the citizens who have condos and
are in homeowner associations where these are taking place.
And I'm glad that you're keeping an eye on what's going on up
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March 23,2010
there in this nonjudicial aspect of this particular bill. I've got some --
that gives me heartburn, and I will -- I'm sure that Commissioner
Coletta, both of us, will make sure that our voices are heard, but I also
would hope that maybe in the future, before this final passage of this
bill, if there is some real issues that are taking place that we feel is not
correct for the citizens here, that we can call upon you or your group
to make sure that you come forth as a citizen with a strong letter of
recommendation in the direction we need to go.
MR. NEALE: Be happy to do so.
COMMISSIONER HALAS: We really need that. The more
support we can get -- we're just two voices, but the more other voices
that we get with people in the community that are very, very
concerned about this particular problem -- we need your voice. We
need to have support. Thank you.
MR. NEALE: Yes.
CHAIRMAN COYLE: Thanks, Pat.
Any other comments or discussion by commissioners?
(No response.)
CHAIRMAN COYLE: Is there a motion for approval?
COMMISSIONER HALAS: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Motion for approval by --
COMMISSIONER HALAS: With a strong letter that is going to
be -- your signature's going to be on so that we can take that up to
Tallahassee.
CHAIRMAN COYLE: Yep.
COMMISSIONER COLETTA: Second.
COMMISSIONER FIALA: I already seconded.
CHAIRMAN COYLE: Okay. It's already seconded by
Commissioners Fiala.
Commissioner Henning?
COMMISSIONER HENNING: With the added language as isg
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March 23, 2010
discussed.
MS. WIGHT: Yes.
CHAIRMAN COYLE: Yes, with the added language.
COMMISSIONER HENNING: Yes, okay. Everybody
understands. Thank you.
MS. WIGHT: Okay. Thank you.
CHAIRMAN COYLE: And I will stamp urgent all over it.
COMMISSIONER HALAS: Good.
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. Thank you.
MR. NEALE: Thank you.
CHAIRMAN COYLE: Thank you very much for your work,
Pat, and for the entire task force.
Item #8A
ORDINANCE 2010-14: AMENDMENTS TO THE CAPITAL
IMPROVEMENT ELEMENT OF THE COLLIER COUNTY
GROWTH MANAGEMENT PLAN - ADOPTED
MR.OCHS: Commissioners, that takes us back to Item 8A on
your agenda. It's the recommendation to adopt amendments to the
Capital Improvement Element of the Collier County Growth
Management Plan.
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March 23, 2010
Mr. Corby Schmidt will present.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: Okay. We have a motion to approve by
Commissioner Henning, second by Commissioner Halas.
Any discussion?
(No response.)
CHAIRMAN COYLE: No public speakers?
MS. FILSON: No, sir.
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.
Good presentation, Corby.
MR. SCHMIDT: Thank you.
MR. OCHS: Commissioners, that takes us to Item 14 on your
agenda.
MS. FILSON: Eleven.
Item #11
PUBLIC COMMENTS ON GENERAL TOPICS
MR. OCHS: I'm sorry, you're right, Sue.
11, public comments on general topics.
MS. FILSON: I do have one speaker; Tim Nance.
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March 23,2010
CHAIRMAN COYLE: Oh, this must be limerock roads.
COMMISSIONER HENNING: Is this limerock roads? Yeah, it
IS.
COMMISSIONER COLETTA: It's more than limerock roads.
CHAIRMAN COYLE: Okay. When are we going to have this
rule about repetitive petitions to the board?
MR. KLATZKOW: I'm waiting for direction, sir.
CHAIRMAN COYLE: Okay. Would you please draft an
ordinance that will eliminate repetitive solicitations to the board.
COMMISSIONER COLETTA: I'd like to make a counter
motion --
CHAIRMAN COYLE: Retroactive.
COMMISSIONER COLETTA: -- that we make alllimerock
roads District 1 problem, or not District 1, but District -- I'm sorry.
CHAIRMAN COYLE: Yeah, District l's good.
COMMISSIONER FIALA: Yeah, right.
COMMISSIONER COLETTA: Commissioner Coyle's problem.
COMMISSIONER HALAS: This looks like this would be a
great ORV road.
CHAIRMAN COYLE: What's wrong with that road? You know,
I've lived in places where I'd love to have a road like that.
MR. NANCE: Yes, sir.
COMMISSIONER COLETTA: Well, you have an opportunity
you wouldn't believe right now.
MR. NANCE: I'm going to -- Mr. Chairman, I'm Tim Nance.
I'm a resident of the Frangipani ago community area. I'm here today at
the suggestion of Commissioner Coletta just to give you information
only about the circumstance that the residents there find themselves.
Frangipani Avenue -- there's a little photograph that I handed out
to you -- is on the south side of the Golden Gate main canal. It serves
about ten or 15 sections ofland in North Belle Meade, which is in the
rural fringe mixed-use district. The portion of Frangipani Avenue that
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March 23, 2010
I'm talking about today is in Section 15, which is receiving land. It's
got about 100 property owners out in that area that are served by this
road, about 50 homes, and numerous businesses that are all
agricultural related.
The problem has arised (sic) because of what you see on Page 2,
the photograph on the second page. A gentleman named Mr. Bakay
moved to the area in 2005 and is currently trying to assert his control
over Frangipani Avenue that is currently used by everybody in that
area.
Frangipani Avenue in its current alignment was constructed
following the construction of the Golden Gate main canal in 1963.
The construction of the canal, as you know, is very, very wide --
you're well familiar with it -- and it cut off all the property owners
from access to their land.
At that time Frangipani Avenue was built by not only the
constructors of the canal but also the residents there to provide access
to their properties. It has been built, maintained at no cost to the
county, for the last 47 years. It's been continually used. I, myself,
have owned property and lived on my property on Frangipani Avenue
since 1983.
Mr. Bakay is seeking to reassert -- or to assert control over this
road basically because he has concern that the road generates dust that
he doesn't like on his property. This is very unfortunate. And the
circumstance has become very stressful recently because Mr. Bakay
has retained an attorney and had his attorney send threatening letters
to all the suppliers and corporations in the area which at this point are
denying residents essential services.
For example, Waste Management will not honor their contract
with Collier County because they feel like there may be some access
issue. We can no longer get service from UPS, Federal Express,
propane delivery. The businesses cannot receive any trucks from any
corporation that have received letters just because, in a large case, the
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March 23,2010
people, the corporations that are receiving the letters, don't understand
the circumstance, and they don't know what to do. Many of them are
out of state. And it's just put the residents in a bad situation, and
businesses.
Basically what I'm predicting is that there will soon be legal
action. Private property owners have retained an attorney. And it is
quite likely that in the not-too-distant future, property owners are
going to try to get a court to declare that there exists a prescriptive
easement over and across Frangipani Avenue because of its continued
use.
I'm here today just to let you know the stress that the residents in
this area are in and to let you know that we will also request that the
county testify as to their use in the past of Frangipani Avenue. As you
may not know, Frangipani was used for the construction, installation,
and maintenance of Collier County wellfields down the eastern and
southern section lines of Section 15 and, of course, it's been used for
all essential services, including any county agency that needs to go out
there for any purpose, Collier County Sheriffs Office, fire, EMS, so
on and so forth.
So we hope -- and we'll be asking Collier County to reaffirm the
fact that Frangipani Avenue has in the past been used for valid public
purposes and to support our application to get a prescriptive easement
declared across this road.
And I'd certainly answer any questions that you might have to
clarify your understanding of it at this point.
CHAIRMAN COYLE: Well, you know, I really think that what
should happen is that Commissioner Coletta should get a bunch of
residents and have a protest march out there --
COMMISSIONER COLETTA: With signs.
CHAIRMAN COYLE: -- and let these people understand that
free access is required there. I mean, he was very successful in getting
that done at Moraya Bay and getting the cones off the beach. So I
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March 23, 2010
don't know why he can't do the same thing for --
COMMISSIONER HALAS: In his district.
COMMISSIONER HENNING: And it's his district.
CHAIRMAN COYLE: And it's in his district. He can solve this
in a heartbeat.
MR. NANCE: It's certainly possible, Mr. Chairman. But I
would suggest to you that the residents out there might not be as well
mannered as some of the people on the beach access. We're strictly a
blue-color community out there.
As a matter of fact, it's very remote, and to tell you quite
certainly, many of the people there are remote from society for--
CHAIRMAN COYLE: A reason.
MR. NANCE: -- valid reasons. They--
CHAIRMAN COYLE: The authorities have been looking for
them for a long time.
MR. NANCE: Yes, sir. But they do have to use Frangipani
Avenue when they do seek these people, sir.
COMMISSIONER COLETTA: I'd like to go on the record and
let you know that in spite of rumors you heard, they are not
cannibalistic as far as what they do there. This is one of the places I
established a civic association so they could be organized to take you
guys on.
CHAIRMAN COYLE: All right. Well, hey, look, I think you've
got the tools to get this done. And quite -- seriously though, I mean,
it's ridiculous that somebody tries to assert that Frangipani Avenue is
not -- cannot be used by property owners. And I think you would find,
you know, support from us --
MR. NANCE: Well, thank you, sir. Basically what we're
looking for is we're looking for support in a positive way. We're not
looking for anything -- any sort of monetary support. You know,
we've constructed and maintained this road forever at our own
expense. I did it personally for many years. I had to sign an
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March 23, 2010
agreement with my mortgage lender to take care of that road, and I did
so for many years personally. So I mean--
CHAIRMAN COYLE: Well, I'm going to suggest something,
but I'm also going to bring you a photograph of a road that I use, and I
want you to make a choice as to which road you'd rather have.
And so I think -- I'd like to make a motion that we designate
Commissioner Coletta as our representative in organizing the
community there to resolve this problem.
COMMISSIONER HALAS: I second that.
COMMISSIONER COLETTA: Well, I love it. Now I got the
power of the county attorney behind me in case I do something
terribly wrong. Thank you very much.
MR. NANCE: Thank you, ladies and gentlemen, for your time.
Mr. Chairman, thank you very much.
CHAIRMAN COYLE: Did you want to say something,
Commissioner Halas?
COMMISSIONER HALAS: Sure. I just want to know if you
still have black powder --
CHAIRMAN COYLE: Muskets.
COMMISSIONER HALAS: -- muskets out there.
MR. NANCE: Sir, there is --
CHAIRMAN COYLE: Something a lot better than that.
MR. NANCE: Yes. There are individuals here that hunt hogs
with spears. And I'm not making that up; I am not making that up.
There is a gentleman that actually decided that he'd progress from
modern firearms to black powder, and he personally made a blade and
made a spear, and he had himself filmed doing this. I could probably
provide the commission with some significant entertainment if you'd
like to watch it, because I don't know if he was hunting the hog or the
hog was hunting him, but it was in doubt for some time.
CHAIRMAN COYLE: Commissioner Coletta, anything more?
COMMISSIONER COLETTA: No, no.
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March 23, 2010
Thank you so much for being here, Tim, and enlightening the
commission as to what you have to endure out there.
MR. NANCE: Thank you very much.
COMMISSIONER COLETTA: I might add that Tim has
overcome many adversities out there, including getting bridges built at
the residents' own expense. He's corne here for guidance, but he's
never come for money, many, many times, and that's what he's here
today for. I thank you for bearing with us.
CHAIRMAN COYLE: Yep.
MR. NANCE: Thank you.
CHAIRMAN COYLE: Thank you, Tim.
COMMISSIONER HALAS: I guess we'll give the county
attorney some direction on this, huh?
CHAIRMAN COYLE: We've already designated a lead person
to do this.
COMMISSIONER HALAS: Okay.
COMMISSIONER COLETTA: I take that seriously. I really do.
Item #14A
ELECTION OR REELECTION OF THE COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY (CRA) CHAIR
AND VICE-CHAIR FOR 2010 - MOTION TO APPOINT DONNA
FIALA AS CHAIRMAN AND JIM COLETTA AS VICE-
CHAIRMAN - APPROVED
MR. OCHS: Commissioners, now we move on to 14. 14A,
election or reelection of the Collier County Community
Redevelopment Agency chair and vice-chair for 2010.
COMMISSIONER HALAS: I make a motion that --
MR. OCHS: Jeff -- excuse me. Is this as -- acting as the CRA?
So -- I believe that --
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March 23, 2010
CHAIRMAN COLETTA: Yes. May I have the gavel, please.
First thing I'd like to do is put Commissioner Halas out of order.
Commissioner Henning?
COMMISSIONER HENNING: Mr. Chair, I make a motion that
we appoint Tim Nance as chairman of the CRA.
CHAIRMAN COLETTA: Of the CRA?
COMMISSIONER HENNING: Yeah.
CHAIRMAN COLETTA: Interesting thought.
COMMISSIONER COYLE: I don't think you can do that
though. It's got to be a commissioner.
COMMISSIONER HENNING: You're not going to accept it?
CHAIRMAN COLETTA: Well, I accept it, but I'm not going to
do anything with it.
COMMISSIONER HENNING: Okay.
CHAIRMAN COLETTA: Commissioner Halas?
COMMISSIONER HALAS: I make a motion that
Commissioner Donna Fiala be the chair in the upcoming CRA time
frame.
CHAIRMAN COLETTA: All right. And why don't we make
one motion altogether for vice-chair, too?
COMMISSIONER HALAS: Well, then I'll make a motion that
you're going to be vice-chair.
CHAIRMAN COLETTA: Oh. Thank you very much for that,
SIr.
Do I hear a second?
COMMISSIONER COYLE: Second.
CHAIRMAN COLETTA: Okay. We have a motion by
Commissioner Halas and a second by Commissioner Coyle, Donna
Fiala as the chair and self for vice-chair.
And with that, any discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
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March 23,2010
indicate by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COYLE: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: The ayes have it. Thank you very
much.
MR. OCHS: Sir, next item--
COMMISSIONER COYLE: We're going to --
MR. OCHS: Nope, you're still there.
Item #14B
THE PURCHASE OF A VACANT LOT ON THE CORNER OF
SOUTH 9TH STREET AND BOSTON AVENUE AS PART OF
THE IMMOKALEE CRA PUBLIC REALM PLAN AND TOWN
DESIGN FOR THE IMMOKALEE CENTRAL BUSINESS
DISTRICT (CBD), AND PAYMENT FROM THE IMMOKALEE
CRA FUND 186 IN THE AMOUNT OF $232,500 PLUS COSTS
AND EXPENSES TO COMPLETE THE SALE, AND APPROVE A
BUDGET AMENDMENT OF $250,000 FROM IMMOKALEE
CRA RESERVES - APPROVED
COMMISSIONER COYLE: We're going to 14B now.
COMMISSIONER COLETTA: That's okay. I just wanted to do
that. I wanted to see how it worked.
CHAIRMAN FIALA: But it was on top of your glasses.
COMMISSIONER HALAS: Hand this down to the chairman.
COMMISSIONER COYLE: Oh, that's right, that's right.
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March 23, 2010
COMMISSIONER HALAS: We've got the new chair.
COMMISSIONER COLETTA: That's right. Oh my gosh.
Sorry, Donna.
CHAIRMAN FIALA: Already.
COMMISSIONER HALAS: Where'd the gavel go?
COMMISSIONER COYLE: That's all you get.
MR. OCHS: Madam Chair, 14B is a recommendation to the
Board of County Commissioners, acting as the Community
Redevelopment Agency, to approve the purchase of a vacant lot on the
corner of South 9th Street and Boston Avenue as part of the
Immokalee CRA public realm plan and town design for the
Immokalee central business district, and to approve payment from the
Immokalee CRA Fund 186 in the amount of $232,500 plus costs and
expenses to complete the sale, and approve a budget amendment of
$250,000 from Immokalee CRA reserves.
Ms. Penny Phillippi will present.
COMMISSIONER COYLE: It's -- may I?
CHAIRMAN FIALA: Speak first.
COMMISSIONER COYLE: Yes, ma'am.
CHAIRMAN FIALA: Okay.
COMMISSIONER COYLE: It's the Immokalee CRA's money,
it is for a good cause, and I recommend approval.
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: I have a motion and a second to approve
item number 14B, which is purchasing property with the CRA dollars
at the corner of South 9th Street and Boston Avenue to further their
efforts in the Immokalee community.
COMMISSIONER COYLE: And--
CHAIRMAN FIALA: Any--
COMMISSIONER COYLE: Could I make a modification to my
motion? Could you use a portion of that money to pave some of the
limerock roads out there?
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March 23, 2010
CHAIRMAN FIALA: And build a bathroom?
COMMISSIONER COLETTA: Yeah, a little closer to the beach
where the boats are?
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Penny, do we have a
comparable?
MS. PHILLIPPI: For the record, Penny Phillippi. We don't. We
have several other appraisals in the area that were -- yeah, that's an -- a
comparable, a much higher appraisal at the other end of town. We're
trying to, as you know, set up bookends, one at each end of our Main
Street district. And this was a much -- the reason we went for this one
first, it was the least expensive of all the properties that we appraised.
And if! could, I'll say Marlene McLaughlin is the one who's been
doing all of our property appraisal work for us and working with us to
get all these things done. So probably I should direct these questions
to her.
COMMISSIONER HENNING: Yeah, if you don't mind,
Marlene.
MS. McLAUGHLIN: For the record, Marlene McLaughlin,
Collier County Real Property Management.
COMMISSIONER HENNING: Are the appraisals comparable,
compatible to the property?
MS. McLAUGHLIN: We had an appraisal performed, and it
does contain comparables. I didn't link it with the executive summary
on the agenda. I apologize for that.
COMMISSIONER HENNING: No, no, no.
MS. McLAUGHLIN: But it -- yes, we do have three
comparables on the appraisal.
COMMISSIONER HENNING: Okay. And they are compatible,
comparable?
MS. McLAUGHLIN: Oh, yes.
COMMISSIONER HENNING: Compatible -- what is the land
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March 23, 2010
use; is that residential?
MS. McLAUGHLIN: It's a combination. It sits on the corner of
Boston and South 9th, and it's -- we call it the inverted seven. And the
edges of the property, that border, the streets are actually commercial,
but the interior of the lot, which has got actually a separate legal
description as it -- they were combined many years ago, and that is a
residential use. But the proposed use for the Immokalee CRA for the
plaza program, it is compatible according to our LDC.
COMMISSIONER HENNING: Oh, okay.
MS. McLAUGHLIN: So we won't have to rezone or anything.
COMMISSIONER HENNING: Great. That's all the questions I
have.
CHAIRMAN FIALA: Okay. This is a wonderful start to a great
project.
MS. PHILLIPPI: Yes, thank you.
CHAIRMAN FIALA: Penny was nice enough to take me on a
tour of Immokalee recently and showed me some of the maps and
drawings of things that she wants to do there, and I'm just thrilled that
you just keep pushing forward.
MS. PHILLIPPI: Thank you. We have a lot of turkeys and a lot
of wild hogs, but we don't have anybody throwing spears at them, I
have to tell you.
COMMISSIONER HALAS: Is he the head turkey?
COMMISSIONER COLETTA: Oh, gobble, gobble, gobble.
CHAIRMAN FIALA: Do we have anybody that wanted to
speak on the subject? Yes.
COMMISSIONER COLETTA: Just briefly. Penny, don't go
away. Under comments I need to bring you back up to answer some
questions. I don't want to do it now because it has nothing to do with
this. And I'll be --
CHAIRMAN FIALA: Under commissioner comments you
mean? Okay.
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March 23, 2010
COMMISSIONER COLETTA: I just want to make sure you
didn't scoot out the door.
MS. PHILLIPPI: And I do want to thank Marlene for all the
work that she's put in on helping us bring these parcels forward. She's
really done a terrific job.
MS. McLAUGHLIN: Thank you.
CHAIRMAN FIALA: I thought it was interesting to read in the
backup material that the land in Immokalee is more expensive than
other parts of the county. Wasn't that interesting? You'd think that it
would be just the reverse, but anyway.
MS. PHILLIPPI: I think there's fewer landowners, so --
COMMISSIONER COLETTA: That's one reason.
CHAIRMAN FIALA: Wow. Thank you. Any other comments?
(No response.)
CHAIRMAN FIALA: We have a motion and a second.
All those in favor, signify by saying aye.
Aye.
COMMISSIONER HALAS: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, by like sign?
(No response.)
CHAIRMAN FIALA: Thank you very much. And the CRA
board meeting is closed.
MS. PHILLIPPI: Thank you.
CHAIRMAN COYLE: Now my favorite time of the day.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
Page 13 8
March 23, 2010
MR. OCHS: Yes, sir. Staff and commission general
communications. I have nothing for the board today.
CHAIRMAN COYLE: Good, good. That's really good.
County Attorney?
MR. KLA TZKOW: Also nothing.
CHAIRMAN COYLE: That's even better.
Commissioner Fiala?
COMMISSIONER FIALA: Oh, but I do.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: Mike, I think we're off a little
bit on our time.
MR. SHEFFIELD: I think so.
COMMISSIONER HENNING: For the betterment though.
COMMISSIONER FIALA: That's good.
COMMISSIONER HENNING: The -- the question I had, I
remember on the Cirrus Pointe thing to give staff guidance to try to
first work with the HDC, and maybe the landowner, but then take
action. And what I -- my conversation with Jeff is, there's no
communication with the representative of the landowner.
I don't want to let this languish too long and for that property,
you know, to go into foreclosure or anything like that. I mean, they
got a loan, from what I understand, from Orion Bank, who's no longer.
They made a commitment, and I would like for us to move
forward with court action. I think it's appropriate, so --
MR. KLATZKOW: I can come back at the next meeting and
give you a full report at that time. There was extensive documents that
we've been going through.
COMMISSIONER HENNING: Okay.
CHAIRMAN COYLE: Okay. That's -- you got at least two
nods. Three nods?
COMMISSIONER COLETTA: Yeah, please.
CHAIRMAN COYLE: Four, five, okay. All right.
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March 23,2010
COMMISSIONER HENNING: Good. That's all I have.
CHAIRMAN COYLE: That's it? I'll go back to Commissioner
Fiala now. I was playing a joke on her before.
COMMISSIONER HENNING: Oh. I get another turn?
CHAIRMAN COYLE: She really wanted to talk, you see. So
when she said she wanted to say something, I gave it to you.
COMMISSIONER FIALA: We -- the Parks and Recreation
Department bought lots down on Danford, as you well know, and we
have decided not to build a parking lot in between the houses there,
but we still own those lots.
And I'd spoken to Marla a little while ago about selling them.
She said the market is down, but I thought, you know, we can wait. I
don't know that the market will ever come back up to where we
bought them. But I think that we start -- we need to start moving those
lots and bring the neighborhood back to life.
Right now what's happening is the neighborhood is -- you know,
it's just languishing waiting for some action to be -- to be taken. And I
was wondering if -- you know, like I've spoken to the people in
community development and asked them to maybe bring back a report
and work with David on what we can do, what we need to pay, what
they're appraised for, and maybe try and get the money back into the
coffers and start to move forward on this to get those places to be
functional, let people build houses if they want to or the CRA to build
houses or whatever.
And I was just wondering if that would -- if that would hit
anybody right. I don't know how long it would take us to get back to
where it was in 2005 when we bought these places, so --
CHAIRMAN COYLE: Well, I'll weigh in. I have had numerous
meetings with the people on Danford Street about this issue, and they
are really feeling pretty comfortable about where we are as a result of
our most recent decision to expand the parking spaces in Bayview
Park rather than looking to their neighborhood, residential
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March 23, 2010
neighborhood, to create parking spaces.
And I think we've made it fairly clear to them in our last meeting
that we're not going to be buying any more of those things or turning
them into parking lots. And I think they're reasonably happy with that
result at the present time.
But I would like to have a little time for the market to recover. I
mean, we're really at the depth of the market right now, and I'm not
sure that it would be a wise use of the taxpayers' funds to sell it at the
very bottom of the market. I -- we know it's going to corne back, and
we might give it another year or so.
But I think you're right, we need to reassure the people that we're
not going to destroy their neighborhood and -- but I think we've done
that. In the personal conversations I've had with the property owners
there on Danford, I feel pretty comfortable that they're comfortable.
COMMISSIONER FIALA: I think they are. I haven't spoken to
them, Commissioner Coyle.
CHAIRMAN COYLE: Okay.
COMMISSIONER FIALA: I was just speaking to the people in
community development.
CHAIRMAN COYLE: Yeah.
COMMISSIONER FIALA: And just sitting in on the board
meetings and so forth, and what they were hoping to do was try and
somehow revitalize that community, bring it back to life. So I don't
know how the people on Danford feel.
CHAIRMAN COYLE: Yeah. The -- well, you're right about our
past action. It was devastating to them because they couldn't sell their
homes; some of them were trying to sell their homes. They couldn't
sell their homes as long as the county was out there buying for
building a parking lot. So it was destroying the entire community.
But there are properties available there, and I think that we would
do better if we waited a while to see what's going to happen, but
certainly not long enough to -- we shouldn't wait too long to --
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March 23, 2010
COMMISSIONER FIALA: Yeah. Maybe we could have staff at
least work with David a little bit to bring back some type of a report
on what -- would that be all right?
CHAIRMAN COYLE: Oh, that would be great with me. Do we
have three nods? No.
COMMISSIONER HALAS: I'd like to make a comment.
CHAIRMAN COYLE: Oh, I'm sorry. Go ahead, Commissioner
Halas.
COMMISSIONER HALAS: The only thing I have concern of is,
number one, is that, as you brought out, selling this at the bottom of
the market.
The other thing is, I think we ought to just hang on to this land,
because you never know what's going to take place 20 years or 25
years down the road.
And as this community gets larger, which is going to happen the
population of the county's going to get larger. We're going to be,
again, pressed to figure out what we're going to do.
So as long as we've got control of the land, we need to make sure
that -- especially access to the water to me it's very important. And I
think if we just hang on to it a few more years, see if the property
values come up, number one, and then I think at that time we'll have a
better handle on what we think the potential growth is here in Collier
County and in the outlying areas. And so that's my two cents' worth.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yes. I'm a little bit disturbed
about the timing on this. When this item carne before us, I was very,
very pleased with the way everybody had worked together to come up
with a solution to make it work. At no point in time in the decisions
of the agenda item did this ever become an issue, or with anyone that
carne before us. And now that that has been settled and we gave the
community all sorts of concessions, now we're coming back for
another bite at the apple. I think it's a little soon. I'd rather, you know,
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deal with this down the road when we can assess everything.
At this point in time we got all we need for boat ramp space and
parking places with everything that's coming online to meet our needs
for a number of years.
But like Commissioner Halas said, we don't know what the
future's going to bring, and we don't know if we're going to be able to
bring on more property as time goes along.
I can just about tell you for sure that nothing's going to happen on
this place here probably for many, many years, you know, ten years or
even farther out. But I'm not about ready to reverse anything we've
been doing. We gave them assurance, you know, parking places
would be limited, how the whole thing is laid out, and to take it to the
next step at this point in time makes me very uncomfortable when we
had all the time to work on the agenda item.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Of course, this is just CRA's effort
to revitalize the neighborhood. You know, to let it sit and deteriorate
does not help the neighborhood. And Penny will tell you that. That's
what we're trying to do in Immokalee, and that's what we're trying to
do on Bayshore and Thomasson, and we want to revitalize the area.
And so -- and all we're asking is for a staff report to do that, staff
work with David to see if this is a feasible time or when it would be a
feasible time.
COMMISSIONER HALAS: In the meantime, while it's under
the control of the county, it's up to us to make sure that it doesn't end
up to be an area where it's going to collect trash and everything else.
That's the responsibility of the county to make sure it's kept up.
CHAIRMAN COYLE: Well, the thing is is that area, and
particularly Danforth Street, has gone through what I would say is a
remarkable transformation. There was a time when I would have been
perfectly happy to take a bunch of bulldozers in there and just clean
everything out. And in fact, that's what's happened, but it's been done
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by the -- by people who bought property there.
There are now, I would -- I would put at least a couple of those
homes in the million-dollar category. Is that too high?
MR. OCHS: Maybe a little, but not too far off. Some of those --
CHAIRMAN COYLE: Okay, 750,000?
MR.OCHS: The brand new ones, yeah, could be three quarters
of a million dollars.
CHAIRMAN COYLE: Yeah. There are very substantial homes
being built there. And if there is a lingering thought that what we
need to do is destroy the rebirth of that community, then we've got a
real serious problem here.
We have clearly proceeded with the renovation of Bayview Park
with the purpose of getting additional parking for boat trailers. And
the -- if we're going to continue to tell the people there that we will
destroy your neighborhood and you better not try to improve it,
because if you try to improve it, you know, we're going to buy the
property next door and turn it into a parking lot, that's exactly what
you're telling people when you make remarks that have been made on
this board.
They need to be able to sell their property or buy new property
without the fear that they're competing against the government, and
that's exactly the position we've placed them in. And I -- well, that's
really all I need to say about it.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes. And I -- probably this
won't ever be the last word, but in any case, I hear you, Commissioner
Coyle, but the truth of the matter is, when we get through with the
amount of parking places there are, we're giving up the right to be able
to park up and down the street, which the neighbors have been having
a problem with for a long time. We're only going to allow six parking
places there. When you get through, there's a net loss when you figure
out against what people were doing before. Of course, were they
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legally parked? I mean, we let them do it. But the fact of the matter
is, now we're limiting them to so many spaces, and that's it.
So it's not a case of, there's been a net gain. There's a much
better facility coming aboard. It's going to be something that's going
to meet the needs of the community. We went through this at great
lengths. And when I asked staff, what about the properties that are out
there, what corne (sic) up at the meetings, nobody's working (sic)
about that. The only thing we're working on is this.
The issue's behind us; the agenda item came forward. We should
have discussed it then, but we didn't. We worked on just the agenda
item, and the agenda item was very favorable to the residents that live
there.
Now the agenda item's passed in favor of the residents, now we
want to talk about the property. That's disingenuous. I'm sorry. That's
the way I feel about it.
CHAIRMAN COYLE: Okay. Commissioner Fiala, anything
else?
COMMISSIONER HENNING: You don't have enough.
COMMISSIONER FIALA: No. It's very good to hear what our
-- my fellow commissioners feel about this.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: I'm done.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER HALAS: Oh, excuse me. I thought you had
my light on there.
Yes, I got one item. I've got some real concerns. You know, this
commission spends an awful lot of time, and we also had a workshop
with the community in regards to trying to find ways to put people
back to work.
We have an issue that -- where work has been done by the county
under best-value options, and right now we're at a stalemate because
we can't get the Clerk of Courts to pay these people for work that's
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already been done.
And so that -- what we've done is basically said, we're not going
to allow you to do any more work because until -- at such time as you
get paid.
Now, I'm sure there's some small companies that are involved
that have worked for the county and realize that the county has a
reputation that we always try to pay our bills.
And here we are in a time of circumstances where there's a lot of
people out of work, and we're trying to find ways to put people to
work, and yet when we've got projects that are moving forward, we're
not paying them. I've got a real problem with that.
So I'm giving a challenge out to the county attorney and also to
the county manager; how can we get through this stalemate so that
these people get paid?
And, of course, like I said, some of them are small business
owners, and they can't -- excuse me -- they can't carry this freight. So
I've got -- I've got some real concerns with where we're going.
COMMISSIONER COLETTA: Can I enter something in on
that?
CHAIRMAN COYLE: Yeah, sure.
COMMISSIONER COLETTA: If! may?
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: And I applaud you for bringing
that forward, because that should be a real concern when you have
vendors out there that need to be paid and should be paid. And to be
honest with you, the clerk probably has some reasons. But I --
everything else that's been out there, every other agency's looked into
it couldn't have any problems with it.
May I suggest that we do -- and this has been very successful in
the recent past -- and I'll be honest with you, I found the clerk to be
quite receptive over the last six months to work with us.
And what I -- what I would like to do is see -- if you're interested,
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Commissioner Halas, we could go ahead and ask them to set up an
item on the next agenda --
COMMISSIONER HALAS: Yes.
COMMISSIONER COLETTA: -- to have the clerk here along
with the county attorney, and everybody give us a report of where we
are for paying these vendors and what the problem is that's holding us
up, and possibly, elected official to elected official, we can work
through this.
COMMISSIONER HALAS: Yes. It needs to come forward.
COMMISSIONER FIALA: Will the businesses last that long?
Will we put them out of business by then?
COMMISSIONER COLETTA: Well, there is a -- if there's a
better alternative, I'm willing to go with it, but I don't think we're
allowed to use guns. Maybe Tim could get the neighbor of his with
the spear involved.
CHAIRMAN COYLE: Okay. Is -- do we have three nods--
COMMISSIONER COLETTA: Yes.
CHAIRMAN COYLE: -- to direct the county attorney and the
county manager to get together a meeting and be prepared to present
various positions and get all the people who are necessary here to
discuss it?
MR. KLATZKOW: I think the county manager and I are ready
to discuss it, but there's a third party here who writes the checks. And
whether or not Mr. Brock is going to appear, I don't know. Mr. Brock
has --
CHAIRMAN COYLE: Put it on the agenda, and ifhe chooses
not to appear, he chooses not to appear.
COMMISSIONER COLETTA: That's a terrible assumption to
make. He'll be here.
CHAIRMAN COYLE: Okay. Well, he's always here when we
need to talk with him, so that will be good.
COMMISSIONER HALAS: Okay, thank you.
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March 23,2010
CHAIRMAN COYLE: All right.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes. I've got one of your
favorite subjects here today.
CHAIRMAN COYLE: Limerock roads.
COMMISSIONER HALAS: Limerock roads.
COMMISSIONER COLETTA: I've been attending the Pepper
Ranch meeting regarding the up-and-coming youth hunt. The good
news is that the demand on behalf of our youth to hunt on the
county-owned Pepper Ranch has been great. All 12 slots have been
filled for the hog hunt, weekend of April 16th, 17th, 18th.
There has been tremendous support from the adult hunting
community in that we now have four fully qualified volunteers for
every youth that will be there.
It's my understanding that we have an additional four youths that
we cannot accommodate at Pepper Ranch. What I would like to do --
in talking with Melissa Hennig, who is heading up the efforts on
behalf of the county, and Gene, whose last name I don't have here,
from Florida Wildlife Commission who is the state recognized
authority on youth hunts, that an opportunity also exists for the BCC
to consider at the next meeting with staffs report to also open up for
an additional hog hunt at the Stern (sic) property, which is right next
door to the Pepper Ranch.
I'm asking you, my fellow commissioners, to allow staff to look
into this possibility and report back to us at the BCC meeting ifthere's
a possibility we can accommodate the remaining youth. There's a
great number of hogs on the Stern property that, at some point in time,
will have to be managed.
COMMISSIONER HALAS: As long as I can get -- we can have
a hog roast.
COMMISSIONER COLETTA: Well, that could be a possibility.
Do I have the support of two other commissioners to be able to have a
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report back?
COMMISSIONER HALAS: Yeah.
CHAIRMAN COYLE: Sure.
COMMISSIONER COLETTA: Thank you.
The other thing -- Penny Phillippi, would you take a second to
corne up here. And I don't want to put you in a compromising position
with the rest of the world out there, but I'm a little bit concerned that
in -- with the best of intentions of everyone, including staff, Planning
Commission, the County Commission, availability of rooms,
availability of staff, that we are starting to fall behind in our objective
of the Immokalee Master Plan as far as the date that it was supposed to
be completed by.
Can you brief us on it and possibly give us some ideas how we
might be able to still reach our objective completion date?
MS. PHILLIPPI: Well, I can give you an update. And I would
like to tread carefully because -- well, first of all, because I think the
Planning Commission has worked really carefully and diligently to get
through the process of, you know, creating a bulletproof master plan
so that we don't have problems down the road. I think they've really
worked hard on that.
And I think that our consultant, Bob Mulhere, has worked harder
than I've ever seen anybody work, I think, to try to make something
happen. And -- but I can't give you a recommendation on how to get
us caught up.
We're pretty far behind. We're not really expecting -- tomorrow,
Friday -- not tomorrow, day after tomorrow, we're submitting to the
staff the final, you know, document with all of the Planning
Commission's comments and changes, and that will be given to staff.
Staff has four weeks to review it. And then after that the County
Attorney's Office has two weeks to review it. And then I'm not sure
when it will come to the Board of County Commissioners for the first
transmittal.
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It was due to come May the 4th, and I don't think we can make
that deadline, given the current schedule.
I've -- I sent an email to David Weeks asking him to give me an
update, and to Bob as well. I haven't received -- I mean, I can't really
tell you when it's going to corne to the commission, but I can tell you
that we're off. We're offby, you know, six, ten weeks.
COMMISSIONER COLETTA: Well, what happens when you
get off, Penny? I'm just trying to see, what's the worst possible
scenario that can take place?
MS. PHILLIPPI: Well, I probably would need for you to tell me
that. The Board of County Commissioners memorialized a schedule.
I mean, you set the schedule, so we're off the schedule. So I would
want your instructions on how to get a new schedule set up, how to get
back on track. You know, I think David Weeks will probably be
working on that, but I can't advise you on how to make things move
any more quickly now.
COMMISSIONER COLETTA: County Manager, can you give
us any insight into this?
MR. OCHS: Not right now, sir, but I can prepare a report for the
next meeting or send you a memo in the interim and --
COMMISSIONER COLETTA: That would be fine.
MR.OCHS: --let you know what the revisions of the schedule
might be.
COMMISSIONER COLETTA: Okay. Thank you very much. I
appreciate your time.
Penny, thank you very much for staying.
MS. PHILLIPPI: Thank you.
COMMISSIONER COLETTA: I have one last item, and it will
be very brief. And I appreciate it. But isn't it entertaining,
Commissioner Coyle? I mean --
CHAIRMAN COYLE: No, it's not entertaining.
COMMISSIONER COLETTA: It's not entertaining. Well, you
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have a higher level of expectation than I do.
At the MPO meeting that we held last Thursday, at the end of the
meeting we directed the members -- the members of the MPO agreed
and passed a motion to send a letter to the Florida Department of
Transportation regarding the removal of the catwalk or pier at the
Marco bridge to see if they would make an effort to find funding or
grants out there to be able to finance it, and no one had any objection
to it, and that letter, I hope, was going to be prepared fairly soon, and
it will be sent by the chair of the MPO.
I would like to know if this commission would entertain having --
directing the Chair to write a similar letter also expressing our support
of a fishing pier or a fishing facility by the Marco bridge.
CHAIRMAN COYLE: Shouldn't that be done in a public
hearing?
COMMISSIONER COLETTA: Well, we could direct staff to
bring something back to us, but I wanted to gauge your interest in the
whole thing.
COMMISSIONER FIALA: Do you think it will have a
bathroom?
COMMISSIONER HALAS: At the next MPO meeting.
COMMISSIONER HENNING: Bathroom's down at Hideaway.
COMMISSIONER COLETTA: Well, actually, we were--
CHAIRMAN COYLE: You'd have to walk to it.
COMMISSIONER COLETTA: Yeah, we'd have to walk to it,
and that's fine, you know.
COMMISSIONER HALAS: What about boaters?
COMMISSIONER COLETTA: Well, now, you know, I'm glad
you brought up the concern for boaters. It's a very justified concern.
And in this case here, the boaters be darned. This is for the walking
public.
CHAIRMAN COYLE: You're asking for a letter to be sent by
the Board of County Commissioners supporting something that the
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MPO has decided in the last meeting.
The only question I have is whether or not the board can reach an
agreement to do something like that without having heard the
testimony concerning the issue.
County Attorney?
MR. KLATZKOW: I mean, you did hear it during the MPO, but
CHAIRMAN COYLE: But we pretend that we don't. We have
to. We have a different hat on.
MR. KLATZKOW: But you've already heard it. You want to
hear it again, it's okay by me, but --
COMMISSIONER HALAS: I think it should come to the MPO
meeting before we --
CHAIRMAN COYLE: Well, I think it was already at the MPO
meeting. I think he said -- didn't you say --
COMMISSIONER COLETTA: Right. The MPO agreed to do
the letter. I was just looking to see if I could get a similar letter from
the commission. I mean, we all sit on the MPO, and we all agreed at
the time. And I just wanted to see if we could back it up with another
letter that would sort of mirror that one, and it might even get a little
more attention. And I don't know if it's going to result in anything
positive, but at least it shows the community out there that we care
about recreational pursuits for every citizen.
CHAIRMAN COYLE: Well, my only reluctance is that I had to
leave early from the MPO meeting because of another commitment,
and Commissioner Fiala did, too. I don't know that either of us heard
that testimony.
MR. KLATZKOW: Well, we can bring it back for the next
meeting.
COMMISSIONER COLETTA: Sure.
CHAIRMAN COYLE: Okay.
COMMISSIONER COLETTA: Would that be fine with you,
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sir?
CHAIRMAN COYLE: Okay, all right. Yeah. Is that it?
COMMISSIONER COLETTA: Yes, thank you so much.
CHAIRMAN COYLE: Now--
COMMISSIONER HALAS: Motion to adjourn.
CHAIRMAN COYLE: Wait a minute. Not yet, not yet. I've got
something. Surprising. Is that --
COMMISSIONER COLETTA: Second on the motion to
adjourn.
CHAIRMAN COYLE: There are some people who just
continually bring back item after item after item like public petitions
and other kinds of things like limerock roads and things like that. And
what I would like to do is ask our county attorney to draw up an
ordinance which prohibits the public from coming in meeting after
meeting after meeting petitioning us on things that we have previously
already disapproved.
And I'm not really talking about limerock roads. I was just
pulling Commissioner Coletta's chain.
COMMISSIONER COLETTA: Hit the button then.
CHAIRMAN COYLE: But I'm talking about the other things
that -- people are certainly -- certainly have the right to use public
petitions and public comments and to advise us of things that are
important to them, but when they keep corning time after time after
time with the same issue over and over and over again that we don't n
we know that there's no solution for it, then we should have some way
of controlling that.
COMMISSIONER HALAS: Definitely.
COMMISSIONER FIALA: May I add? I totally agree with you.
I just had mentioned to the county manager -- interesting that you
would bring this up -- I said that we have certain individuals around
the county -- not a bunch, just a handful -- who call continuously
every single day asking for different departments to work with them
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on different things.
And I said to the county manager, how much money is spent in
staff time on all of these different departments answering these people,
and then they come back with new questions the next day, and the
next, and it never stops, never stops.
And I said, should we set a limit of$10,000 ofstafftime a year
or something? And after that, you know, let's stop it. And they'll use
that up very quickly. They'll use it up in a month's time. And I don't
know if that's even something that can be legally done.
But in this tough time when we're trying to watch our budget
anyway and we've got -- we've got a very, very lean staff as it is -- and
still I want to say our staff members always cater to everybody. I
don't care whether it's one call a year or a hundred calls in a week,
they take care of each person respectfully and, yet, I feel sorry for
them and sorry for our budget that we have to spend it in such ways
that it doesn't ever accomplish anything.
CHAIRMAN COYLE: Okay. You know what we're trying to
get at. We want to do it in a way that does not discourage people from
COMMISSIONER HALAS: That's right.
CHAIRMAN COYLE: n exercising their right to petition the
board on anything, even if it's outrageous. What we want to do is
keep people from just constantly, time after time after time, wasting
the public's money and the public's time dealing with the same issue
over and over and over.
MR. KLATZKOW: I understand.
CHAIRMAN COYLE: Okay.
COMMISSIONER HALAS: Okay.
COMMISSIONER COLETTA: Just one brief comment, if I
may.
CHAIRMAN COYLE: Okay.
COMMISSIONER COLETTA: The big concern here, of course,
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March 23, 2010
is going to be the First Amendment right of free speech. And I'm sure
that when the county attorney looks into this, he's going to do
sufficient research to make sure we're not going to be liable. The last
thing I want to see is the Civil Liberties Union in the audience out
there with their vast financial resources trying to run us into the
ground.
So other than that, I agree with you. I don't think that the
repeating of the same grievance over and over again, especially when
the commission has given direction or at least heard it, is a necessary
thing to do. But I'll leave that to the county attorney to tell me.
CHAIRMAN COYLE: Well, we could provide additional
guidance to have the county attorney write into the ordinance a
prohibition against the Civil Liberties Union from petitioning us about
anything.
COMMISSIONER HALAS: ACLU also.
CHAIRMAN COYLE: Yeah.
COMMISSIONER COLETTA: How about hurricanes too?
CHAIRMAN COYLE: Okay. We had enough nods?
COMMISSIONER COLETTA: Yep.
CHAIRMAN COYLE: Okay. All right.
COMMISSIONER HALAS: Motion to adjourn.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Motion to adjourn, seconded. We are
adjourned.
****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 #16A1
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY
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March 23, 2010
FOR TRACI OFFICE BUILDING - W/RELEASE OF ANY
UTILITIES PERFORMANCE SECURITY (UPS)
Item #16A2
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR MEDITERRA PARCEL 112 - W/RELEASE OF
ANY UTILITIES PERFORMANCE SECURITY (UPS)
Item # 16A3
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY
FOR NORTH COLLIER HOSPITAL, PHASE 2 EXPANSION-
W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY
(UPS)
Item #16A4
A PERPENDICULAR DOCK CONFIGURATION AND ANGLED
BOAT DOCK CONFIGURATION FOR THE STELLA MARIS
SUBDIVISION IN THE PORT OF THE ISLES - LIMITING THE
NUMBER OF BOAT SLIPS TO 50
Item #16A5
RECORDING THE FINAL PLAT OF VERONA WALK PHASE
4A, VERDUCCI COURT REPLAT - LOCATED IN SECTION 26,
TOWNSHIP 50 SOUTH, RANGE 26, EAST
Item #16A6
RELEASE AND SATISFACTION OF LIEN FOR THE CODE
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March 23, 2010
ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY
COMMISSIONERS VS. STEVEN B. JOHNSON, CODE
ENFORCEMENT CEB CASE NO. 2003-057, RELATING TO
PROPERTY LOCATED AT 128 FLICKER LANE, EVERGLADES
CITY, FLORIDA - WAIVING $191,900 IN ACCRUED FINES
Item #16A7
RECORDING THE FINAL PLAT OF VERONA WALK PHASE 4B,
PALERMO AND QUERCE COURT REPLAT - LOCATED IN
SECTION 26, TOWNSHIP 50 SOUTH, RANGE 26 EAST
Item #16A8
AMENDMENT NUMBER 1 TO THE SECOND MEMORANDUM
OF AGREEMENT AND SUPPORT RELATING TO THE
REVENUE DISTRIBUTION APPROACH FOR THE RURAL
AREAS OF CRITICAL ECONOMIC CONCERN (RACE C)
CATALYST PROJECT FOR ECONOMIC DEVELOPMENT
SOUTH CENTRAL FLORIDA RACEC AND AUTHORIZE THE
CHAIRMAN TO SIGN THE AGREEMENT ON BEHALF OF
COLLIER COUNTY - USED TO RECRUIT HIGH GROWTH
INDUSTRIES INTO MAINLY RURAL REGIONS OF FLORIDA
Item #16Bl
RESOLUTION 2010-57: AUTHORIZING EXECUTION AND
FILING OF FEDERAL TRANSIT ADMINISTRATION (FT A)
GRANT APPLICATIONS; EXECUTION OF GRANTS AND
COOPERATIVE AGREEMENTS; AND FILING WITH
APPLICATIONS, THE ANNUAL CERTIFICATION AND
ASSURANCES AS REQUIRED
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March 23, 2010
Item #16B2
PAYMENT TO COLLIER DEVELOPMENT CORPORATION
FOR PURCHASE OF DRAINAGE EASEMENTS NECESSARY
FOR CONSTRUCTION OF TWO SEGMENTS OF THE LEL Y
AREA STORMW A TER IMPROVEMENT PROJECT (PROJECT
NO. 51101 ) LOCATED WITHIN THE SABAL BAY
DEVELOPMENT IN THE AMOUNT OF $987,345
Item #16B3
PAY ATTORNEY FEES IN THE AMOUNT OF $3,250 TO THE
FIRM ROETZEL AND ANDRESS FOR ASSISTANCE IN
COUNSELING PROPERTY OWNERS JOHN KAPPEYNE AND
MARIA BETTENCOURT, TO HELP THE PARTIES REACH AN
AGREEMENT ON THE SALE OF A PORTION OF THE
OWNER'S LAND TO THE COUNTY FOR THE V ANDERBIL T
BEACH ROAD EXTENSION PROJECT AND FOR CLEARING
TITLE BY OBTAINING A PARTIAL RELEASE OF MORTGAGE
FROM THE MORTGAGE HOLDER. PROJECT NO. 60168
(FISCAL IMPACT: $3,250)
Item # 16B4
PAY ATTORNEY FEES AND REAL ESTATE APPRAISAL FEES
IN THE AMOUNT OF $5,000 TO THE FIRM OF ROETZEL AND
ANDRESS FOR THEIR ASSISTANCE IN COUNSELING
PROPERTY OWNERS LARRY F. GREENBERG AND ELLEN F.
GREENBERG, FOR HELPING THE PARTIES REACH
AGREEMENT ON THE SALE OF A PORTION OF THE
OWNERS LAND TO COLLIER COUNTY FOR THE
V ANDERBIL T BEACH ROAD EXTENSION PROJECT, AND
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March 23, 2010
FOR CLEARING TITLE BY OBTAINING A PARTIAL RELEASE
OF MORTGAGE FROM THE MORTGAGE HOLDER. PROJECT
NO. 60168 (FISCAL IMPACT: $5,000)
Item #16Cl
SA TISF ACTIONS FOR CERTAIN WATER AND/OR SEWER
IMPACT FEE PAYMENT AGREEMENTS. FISCAL IMPACT OF
$92.50 TO RECORD THE SATISFACTIONS OF LIEN - FOLIOS:
#68343840008, #81622560002, #00729560009, #68342320008 AND
#68343680006
Item # 16C2
EXECUTE AND RECORD A SATISFACTION OF A NOTICE OF
CLAIM OF LIEN FORA SANITARY SEWER SYSTEM IMPACT
FEE. FISCAL IMPACT OF $18.50 TO RECORD THE
SATISFACTION OF LIEN - FOLIO #00253600008
Item # 16C3
RESOLUTION 2010-58: ACCEPTING A SOUTH FLORIDA
WATER MANAGEMENT DISTRICT AL TERNA TIVE WATER
SUPPLY GRANT IN THE AMOUNT OF $488,000 FOR PARTIAL
FUNDING OF THE CONSTRUCTION OF THE IRRIGATION
QUALITY WATER BOOSTER PUMP STATION, PROJECT
#74076, AND IRRIGATION QUALITY WATER POND LINER,
PROJECT #73950
Item # 16C4
SUBMISSION OF AMENDMENT ONE (1) TO THE STATE
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March 23, 2010
REVOLVING FUND LOAN AGREEMENT (WW597180)
THROUGH THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP) FOR THE
RECLAIMED WATER ASK PROJECT #74030
Item #16C5 - Moved to Item #10D (Per Agenda Change Sheet)
Item # 16C6
CONVEYANCE OF AN EASEMENT TO FLORIDA POWER &
LIGHT COMPANY FOR PROVIDING INTERCONNECTION
SERVICES FOR CONSTRUCTION OF THE LANDFILL GAS-TO-
ENERGY FACILITY AT THE COLLIER COUNTY LANDFILL,
AT NO COST TO THE COUNTY - RECORDING COSTS FOR
THE EASEMENT IS TO BE PAID BY WASTE MANAGEMENT
INC. OF FLORIDA
Item #16C7
TO EXEMPT FROM FORMAL COMPETITION AND APPROVE
CONTRACT #10-5466 WITH DE LA PARTE & GILBERT, P.A.,
FOR GENERAL LEGAL SERVICES FOR THE PUBLIC
UTILITIES DIVISION. PROJECT NO. 71058, WATER LEGAL
SERVICES - AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16C8
ASHBRITT ENVIRONMENTAL, INC., (CONTRACT #05-3661)
AS THE INITIAL DEBRIS REMOVAL CONTRACTOR IN
OPERATIONAL READINESS FOR THE UPCOMING 2010
HURRICANE SEASON - ASSISTING COUNTY STAFF WITH
COMPLIANCE WITH FEMA RULES & REGULATIONS
Page 160
March 23,2010
Item #16D1
RELEASE OF A DECLARATION OF RESTRICTION WITH
IMMOKALEE SENIOR HOUSING, L TD FOR
INFRASTRUCTURE CONSTRUCTION ON 2.33 ACRES IN
IMMOKALEE, FLORIDA, TO ENABLE IMMOKALEE SENIOR
HOUSING, L TD TO CONSTRUCT THIRTY (30) NEW
ONE- AND TWO-BEDROOM RENTAL UNITS TARGETED TO
VERY LOW-INCOME ELDERLY RESIDENTS
Item # 16D2
TWO (2) LIEN AGREEMENTS FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED
AFFORDABLE HOUSING DWELLING UNITS LOCATED IN
COLLIER COUNTY. APPROVAL OF THIS ITEM WILL
TRANSFER PREVIOUSLY APPROVED DEFERRAL
AGREEMENTS FROM DEVELOPER TO OWNER OCCUPANTS
WITH A CONTINUING FISCAL IMPACT OF $37,817.56 - FOR
THE LOTS: NAPLES MANOR, LOT 51 BLOCK 4, FOR
$22,571.30; AND LIBERTY LANDING LOT 67, FOR $15,246.26
Item #16D3
AGREEMENT BETWEEN THE AREA AGENCY ON AGING
FOR SOUTHWEST FLORIDA, INC. AND COLLIER COUNTY,
AND APPROVE ASSOCIATED BUDGET AMENDMENTS TO
REFLECT AN INCREASE OF $143,747 IN THE OLDER
AMERICANS ACT GRANT PROGRAM - PROVIDING
IN-HOME SUPPORT AND NUTRITION SERVICES FOR THE
COUNTY'S FRAIL AND ELDERLY
Page 161
March 23,2010
Item # 16D4
RENEWAL GRANT AGREEMENT BETWEEN THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) AND THE BOARD OF COUNTYCOMMISSIONERS
(BCC) TO ACCOMMODATE HUD APPROVED BUDGET
CHANGES FOR SA WCC - INCREASING THE ALLOCATION
FOR SUPPORTIVE SERVICES, DECREASING THE
ALLOCATION FOR OPERATING SERVICES
Item #16D5
AMENDMENT TO THE REAL ESTATE CONVEYANCE
AGREEMENT (AMENDMENT) WITH THE DAVID LAWRENCE
MENTAL HEALTH CENTER, INC. FOR CONVEYANCE OF A
PORTION OF COUNTY OWNED LAND LOCATED AT 425 1sT
STREET NORTH, IMMOKALEE, AT NO ADDITIONAL COST
TO THE COUNTY - EXTENDING THE TIME FRAME FOR DUE
DILIGENCE TO JUNE 24, 2010
Item # 16D6
AN AMENDMENT TO THE STATE OF FLORIDA,
DEPARTMENT OF CHILDREN AND FAMILIES (DCF)
CHALLENGE GRANT REQUESTED BY DCF TO COMPLY
WITH SECTION 504 OF THE REHABILITATION ACT OF 1973,
AND THE AMERICAN'S WITH DISABILITIES ACT OF 1990
(SUPPORTING THE DEAF AND HARD OF HEARING) -
HELPING CITIZENS THROUGH THE FIVE NON-PROFIT
ENTITIES: ST. MATTHEW'S HOUSE, THE SHELTER FOR
ABUSED WOMEN AND CHILDREN, NATIONAL ALLIANCE
ON MENTAL ILLNESS, COLLIER COUNTY'S HUNGER AND
Page 162
March 23,2010
HOMELESS COALITION AND YOUTH HAVEN, INC.
Item # 16D7
ACCEPTING THE REVISED LIST OF EQUIPMENT TO BE
PURCHASED WITH THE HEALTH CARE AND OTHER
FACILITIES SPECIAL CONGRESSIONAL INITIATIVE
EARMARK FROM THE UNITED STATES DEPARTMENT OF
HEAL TH AND HUMAN SERVICES ACCEPTED BY THE
BOARD OF COUNTY COMMISSIONERS ON SEPTEMBER 29,
2009, AGENDA ITEM #16D6
Item #16D8 - Moved to Item #10E (Per Commissioner Coletta
during Agenda Changes)
INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY
AND THE CITY OF MARCO ISLAND, THE HIDEAWAY
BEACH DISTRICT AND THE HIDEAWAY BEACH
ASSOCIATION, INC., FOR THE PROVISION OF A PUBLIC
RESTROOM AND EROSION CONTROL STRUCTURES IN THE
HIDEAWAY BEACH SECTION OF MARCO ISLAND
Item # 16D9
SUB-RECIPIENT AGREEMENT BETWEEN COLLIER COUNTY
AND THE CITY OF NAPLES FOR COMMUNITY
DEVELOPMENT BLOCK GRANT -RECOVERY (CDBG-R)
FUNDING PROVIDING AMERICAN RECOVERY AND
REINVESTMENT ACT (ARRA) FUNDS FOR A LANDSCAPING
IMPROVEMENT PROJECT TO ASSIST LOW AND MODERATE
INCOME CITIZENS IN THE ANTHONY PARK COMMUNITY
LOCATED WITHIN THE CITY OF NAPLES IN THE AMOUNT
Page 163
March 23,2010
OF $30,365 - AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16E1
THE SALE OF COLLIER COUNTY SURPLUS PROPERTY ON
APRIL 24,2010 - WITH ATKINSON REALTY & AUCTION,
INC. FOR SERVICES THAT INCLUDE PREPARATION
Item # 16E2
BID NO. 10-5407, EMPLOYMENT PHYSICALS AND DRUG
TESTING TO ANCHOR HEALTH CENTERS AT AN
ESTIMATED ANNUAL COST OF $11,600 PER YEAR - FOR
CERTAIN POST-OFFER JOB CANDIDATES, CURRENT
ACTIVE EMPLOYEE PHYSICAL EVALUATIONS, AND
REQUIRED DRUG TESTING
Item # 16E3
AWARD ITB #10-5437 FOR TEMPORARY CLERICAL
SERVICES TO ACADEMY DESIGN & TECHNICAL SERVICES,
INC., COMPASS MEDICAL STAFFING, AND JURISTAFF, INC.,
IN NO PARTICULAR ORDER, WITH ESTIMATED ANNUAL
EXPENSES OF $110,000 - THESE SERVICES INCLUDE
TRANSCRIPTIONIST SERVICES
Item # 16E4
SALE OF FOUR (4) PICK-UP TRUCKS ASSOCIATED WITH A
COUNTY SURPLUS ON-LINE AUCTION HELD FEBRUARY 15,
2010, RESULTING IN GROSS REVENUES OF $16,550-
DEDUCTING THE AUCTIONEER'S COMMISSION FOR THE
Page 164
March 23,2010
TOTAL REVENUE OF $13,240
Item # 16E5
AGREEMENT FOR SALE AND PURCHASE WITH BRUCE AND
LUCILLE KIRBY FOR 1.0 ACRE UNDER CONSERVATION
COLLIER'S LAND ACQUISITION PROGRAM, AT A COST NOT
TO EXCEED $31,675 - FOR PROPERTY IN ADJOINING THE
NANCY PAYTON PRESERVE
Item # 16E6
PURCHASE PROPERTY INSURANCE EFFECTIVE APRIL 1,
2010 IN THE AMOUNT OF $3,430,400, A REDUCTION OF
$604,735 AND AUTHORIZE THE COUNTY MANAGER OR
DESIGNEE TO EXECUTE ANY APPLICATIONS OR OTHER
DOCUMENTS NECESSARY TO BIND COVERAGE AND
SERVICE - TO PROTECT THE COUNTY'S REAL AND
PERSONAL PROPERTY ASSETS AGAINST LOSSES TO
COMPL Y WITH THE STAFFORD ACT
Item #16E7
CHAIRMAN TO SIGN A $250,000 FLORIDA DEPARTMENT OF
ENVIRONMENT AL PROTECTION (FDEP) OFFICE OF
GREENW A YS AND TRAILS RECREATIONAL TRAILS
PROGRAM (RTP) GRANT APPLICATION TO PARTIALLY
FUND CONSTRUCTION OF THE GORDON RIVER
GREENWAY P ARK BOARDWALK & PEDESTRIAN BRIDGE -
TO ACCOMMODATE NON-MOTORIZED ACTIVITIES SUCH
AS BICYCLING, DAY HIKING, ROLLER SKATING, IN-LINE
SKATING OR SIMILAR FITNESS ACTIVITIES
Page 165
March 23, 2010
Item # 16E8
A BUDGET AMENDMENT FOR $307,400 TO FUND INTERIOR
RECONFIGURATION OF THE SUPERVISOR OF ELECTIONS
BUILDING AT 3300 SANTA BARBARA BOULEVARD TO
MAXIMIZE EFFICIENCY OF THE SPACE AND INCLUDES
THE CREATION OF A COMBINATION TRAINING/CALL
CENTER ROOM IN PREPARATION FOR THE UPCOMING 2010
ELECTIONS - RENOVATIONS INCLUDE REWORKING THE
FLOOR PLAN, UPDATING THE INEFFICIENT HV AC SYSTEM,
PROVIDING THE REQUIRED VOICE AND DATA NETWORK
AND FOR ADDITIONAL CEILING INSULATION TO MEET
THE MINIMUM CODE REQUIREMENT
Item #16F1
RESOLUTION 2010-59: APPROVING AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2009-10
ADOPTED BUDGET
Item # 16F2
ACCEPT THE VOLUNTEER FIRE ASSISTANCE GRANT
AWARD TO OCHOPEE FIRE CONTROL DISTRICT IN THE
AMOUNT OF $4,705 WITH A REQUIRED MATCH OF $4,705
FORA TOTAL OF $9,410 TO PURCHASE VHF MOBILE
RADIOS, PAGERS, HARNESSES, FOAM AND APPROVE THE
NECESSARY BUDGET AMENDMENTS - ALLOWING FOR
THE OUTFITTING OF TWO FIVE TON FORESTRY VEHICLES
AND OTHER APP ARA TUS
Page 166
March 23, 20] 0
Item # 16F3
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
FOR NCH HEALTH CARE SYSTEM FOR NON-EMERGENCY
AMBULANCE SERVICE AND APPROVE A BUDGET
AMENDMENT RECOGNIZING AND APPROPRIATING THE
$250 ANNUAL RENEWAL FEE
Item #16F4
BUDGET AMENDMENT FOR NFP A APPROVED FIRE
FIGHTER PROTECTIVE GEAR FOR THE PROTECTION OF
THREE JOB BANK FIREFIGHTERS AND TWO VOLUNTEERS
Item #16F5
MEMO OF UNDERSTANDING (MOU) WITH THE GREATER
NAPLES CHAMBER OF COMMERCE TO SUPPORT FUNDING
A NEW VISITOR INFORMATION CENTER SPECIALIST
POSITION AT AN ANNUAL COST OF UP TO $65,000 AND
PAYABLE WITH TDC FUNDING
Item #16F6
RESOLUTION 2010-60: ATTESTING THE BOARD OF COUNTY
COMMISSIONERS IS AUTHORIZED TO ADMINISTER THE
COUNTY'S AFFAIRS AND WILL BE LEGALLY AND
FINANCIALL Y RESPONSIBLE IN THE EVENT OF ANY
OUTSTANDING DEBT OWED TO THE CENTERS FOR
MEDICARE AND MEDICAID SERVICES AS A RESULT OF
FILING AND RECEIVING PAYMENTS ASSOCIATED WITH
AMBULANCE RELATED CLAIMS
Page 167
March 23, 2010
Item #16Gl
COLLIER COUNTY COMMUNITY REDEVELOPMENT
AGENCY TO REVIEW AND APPROVE THE BA YSHORE
GATEWAY TRIANGLE CRA'S 2009 ANNUAL REPORT,
FORWARD THE REPORT TO THE BOARD OF COUNTY
COMMISSIONERS AND THE CLERK OF COURTS AND
PUBLISH PUBLIC NOTICE OF THE FILING
Item #16G2
A COMMERCIAL BUILDING IMPROVEMENT GRANT
AGREEMENT(S) BETWEEN THE COLLIER COUNTY
COMMUNITY REDEVELOPMENT AGENCY AND A GRANT
APPLICANT(S) WITHIN THE BA YSHORE GATEWAY
TRIANGLE COMMUNITY REDEVELOPMENT AREA
(3300 DAVIS BOULEVARD: $52,947.22)
Item #16G3
COLLIER COUNTY COMMUNITY REDEVELOPMENT
AGENCY APPROVES THE SUBMITTAL OF A MIXED-USED
PLANNED UNIT DEVELOPMENT (MPUD) APPLICATION TO
REZONE CRA-OWNED LAND; APPROVE THE CHAIR TO
SIGN APPLICATION DOCUMENTS; AND AUTHORIZE THE
EXECUTIVE DIRECTOR TO COMPLETE AND SUBMIT THE
APPLICATION PACKAGE AND PAY APPLICATION FEES
(FISCAL IMPACT: $15,275) - FOR 17 ACRES ON BA YSHORE
DRIVE
Item #16G4
Page 168
March 23, 2010
BUDGET AMENDMENT ALLOCATING $223,700 IN THE
IMMOKALEE INFRASTRUCTURE FUND 497 TO PERMIT THE
NEXT PHASE OF DEVELOPMENT AT THE IMMOKALEE
REGIONAL AIRPORT - FOR PHASES 2 AND 2A COVERING
APPROXIMATELY 178 ACRES
Item #16G5
RESOLUTION 2010-61: AUTHORIZING EXECUTION OF
MASTER JOINT PARTICIPATION AGREEMENT 2010-A WITH
THE FLORIDA DEPARTMENT OF TRANSPORTATION TO
FUND PROJECTS AT THE EVERGLADES AIRPARK, THE
IMMOKALEE REGIONAL AIRPORT, THE MARCO ISLAND
AIRPORT AND AUTHORIZE ASSOCIATED BUDGET
AMENDMENTS
Item #16H1
COMMISSIONER HENNING'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. HE ATTENDED THE EDC'S MARCH INVESTOR
MEETING ON MARCH 2, 2010 AT THE NAPLES DAILY NEWS
COMMUNITY ROOM, 1100 IMMOKALEE ROAD, NAPLES,
$20.00 TO BE PAID FROM COMMISSIONER HENNING'S
TRA VEL BUDGET
Item # 16H2
COMMISSIONER FIALA'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED THE NAPLES PRESS CLUB
LUNCHEON AS A SPEAKER ON FEBRUARY 25, 2010 AT THE
Page 169
March 23, 2010
BELLASERA RESORT IN NAPLES, FL., $20.00 TO BE PAID
FROM COMMISSIONER FIALA'S TRAVEL BUDGET -
LOCATED AT 221 9TH STREET SOUTH, NAPLES
Item # 16H3
COMMISSIONER FIALA'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED THE LEAGUE CLUB IN NAPLES
LUNCHEON AS A SPEAKER ON MARCH 4,2010 AT THE
PORT ROYAL CLUB IN NAPLES, FL., $30.00 TO BE PAID
FROM COMMISSIONER FIALA'S TRAVEL BUDGET -
LOCATED AT 2900 GORDON DRIVE, NAPLES
Item #16H4
COMMISSIONER FIALA'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE WILL ATTEND THE UNITED ARTS COUNCIL
STARS IN THE ARTS AWARDS LUNCHEON AT THE NAPLES
GRANDE RESORT IN NAPLES, FL ON MARCH 26,2010.,
$95.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL
BUDGET - LOCATED AT 475 SEAGATE DRIVE, NAPLES
Item # 16H5
COMMISSIONER FIALA'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE WILL ATTEND THE CLEVELAND CLUB OF
SOUTHWEST FLORIDA SPRING DINNER PARTY AT THE
CYPRESS WOODS GOLF & COUNTRY CLUB IN NAPLES, FL
ON MARCH 28,2010. $30.00 TO BE PAID FROM
Page 170
March 23, 2010
COMMISSIONER FIALA'S TRAVEL BUDGET - LOCATED AT
3525 NORTHBROOKE DRIVE, NAPLES
Item #16H6
COMMISSIONER FIALA'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE WILL ATTEND THE NAPLES PRESS CLUB
LUNCHEON WITH KARNA BODMAN AT VERGINA ON 5TH
AVENUE SOUTH IN NAPLES, FL ON APRIL 10,2010., $45.00
TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL
BUDGET - LOCATED AT 700 5TH AVENUE S., NAPLES
Item # 16H7
COMMISSIONER FIALA'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE WILL ATTEND THE WOMEN'S
PHILANTHROPIC NETWORK OF THE COMMUNITY
FOUNDATION OF COLLIER COUNTY 2010 WOMEN OF
INITIATIVE AWARDS LUNCHEON AT THE NAPLES BEACH
HOTEL AND GOLF CLUB IN NAPLES, FL ON APRIL 6, 2010.,
$125.00 TO BE PAID FROM COMMISSIONER FIALA'S
TRAVEL BUDGET - LOCA TED AT 851 GULF SHORE
BOULEVARD NORTH, NAPLES
Item #16H8 - Moved to Item #9F (Per Commissioner Coletta during
Agenda Changes)
Item #1611
MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH
Page 171
March 23,2010
ACTION AS DIRECTED
The following miscellaneous correspondence, as presented by the
Board of County Commissioners, has been directed to the various
departments as indicated:
Page 172
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
March 23, 2010
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Minutes:
l) Affordable Housing Commission:
Minutes of January 4, 2010.
2) Animal Services Advisorv Board:
Minutes of December 15, 2009.
3) Emergencv Medical Services Advisorv Council:
Minutes of November 20,2009.
4) Environmental Advisorv Council:
Minutes of February 3, 2010.
.
5) Golden Gate Beautification Advisorv Committee:
Agenda of January 12,2009.
Minutes of December 8,2009; January 12, 2010.
6) Immokalee Beautification Advisorv Committee:
Agenda of November 18,2009.
Minutes of October l8, 2009.
7) Lelv Golf Estates Beautification Advisorv Committee:
Agenda of January 2l, 2010.
Minutes of December 17,2009.
8) Ochopee Fire Control District Advisorv Committee:
Minutes of December 7,2009.
9) Pelican Bav Services Division Board:
Agenda of December 2, 2009; January 6, 2010; February 3, 2010;
February 10,2010 Budget Subcommittee.
Minutes of November 17,2009 joint workshop wI Strategic Planning
Committee; November 19,2009 Session One; November 19, 2009
Session Two; November 30, 2009 joint workshop wI Strategic
Planning Committec; December 2, 2009; December 9,2009 joint
workshop w/Strategic Planning Committee; December 21, 2009 joint
workshop wlStrategic Planning Committee; January 6, 2010;
January 11,2010 Educational Meeting afternoon; January 11,2010
Educational Meeting evening; January 26, 2010 Community
Improvement Plan.
10) Radio Road Beautification Advisorv Committee:
Agenda of February 16, 2010.
Minutes ofJanuary 19,2010.
B. Other;
1) Code Enforcement Special Magistrate:
Minutes of February 5, 2010.
March 23, 2010
Item #1611
RECOMMENDATION TO APPROVE CHANGE ORDER #9 TO
ADD $79,200 TO CONTRACT #07-4152, AUDITING SERVICES
FOR COLLIER COUNTY, WITH ERNST AND YOUNG LLP
Item # 16J2
A YIELD REDUCTION PAYMENT IN THE AMOUNT OF
$3,332.52, RELATED TO THE SERIES 2005 CAPITAL
IMPROVEMENT AND REFUNDING REVENUE BONDS -
PAYMENT IS DUE BY APRIL 1,2010
Item # 1613
DISBURSEMENTS FOR THE PERIOD OF FEBRUARY 27,2010
THROUGH MARCH 5, 2010 AND FOR SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item #16J4
DISBURSEMENTS FOR THE PERIOD OF MARCH 6, 2010
THROUGH MARCH 12,2010 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #16J5
A GRANT APPLICATION FOR THE FY20 1 0 JUSTICE AND
MENTAL HEALTH COLLABORATION PROGRAM TO
RECEIVE APPROXIMATELY $250,000 OVER TWO YEARS
FROM THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF
JUSTICE ASSISTANCE. IF AWARDED, REQUEST
Page 173
March 23,2010
AUTHORIZATION FOR THE COLLIER COUNTY SHERIFF'S
OFFICE TO ACCEPT THE GRANT, APPROVE ASSOCIATED
BUDGET AMENDMENTS AND ENTER INTO MEMORANDUM
OF UNDERSTANDING WITH THE DAVID LAWRENCE
CENTER, THE NATIONAL ALLIANCE ON MENTAL ILLNESS
(NAMI) OF COLLIER COUNTY, PRISON HEALTH SERVICES
AND OTHER PARTNER ORGANIZATIONS
Item #16K1
ACCEPT AS PAYMENT IN FULL THE SETTLEMENT AND
SETTLEMENT CHECK RECEIVED FROM THE FARM
BUREAU INSURANCE OF NORTH CAROLINA ON BEHALF
OF LEONARDO RODRIGUEZ AND MARIA RODRIGUEZ IN
THE AMOUNT OF $7,533.69 AND AUTHORIZE THE COUNTY
MANAGER OR HIS DESIGNEE TO EXECUTE THE REQUIRED
RELEASE - FROM A COLLISION CAUSING DAMAGE TO AN
EMS VEHICLE OPERATING WITH LIGHTS AND A SIREN ON
Item # 16K2
ADVERTISE AN AMENDMENT TO ORDINANCE 2009-02 TO
CORRECT A SCRIVENER'S ERROR REGARDING THE
REPEAL OF ORDINANCES AND RESOLUTIONS PERTAINING
TO VARIOUS INACTIVE TAXING DISTRICTS LOCATED IN
COLLIER COUNTY - TO CORRECT THE ADDITION OF THE
PORT OF THE ISLAND COMMUNITY IMPROVEMENT
DISTRICT
Item # 16K3
DESPITE A POTENTIAL CONFLICT WITH MARCY
Page 174
March 23, 2010
KRUMBINE, THAT THE COUNTY ATTORNEY'S OFFICE
CONTINUE TO PROVIDE DEFENSE TO COLLIER COUNTY
AND PHYSICIAN LED AREA NETWORK (PLAN) IN THE
LAWSUIT STYLED DEBORAH DAHLMANNS V PLAN AND
MARCY KRUMBINE, CASE NO. 09-7915-CA
Item #17A
RESOLUTION 2010-62: PETITION V AC-PL2009-1556, TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND
THE PUBLIC'S INTEREST IN AN UNOPENED AND UNUSED
20-FOOT WIDE ALLEY ALONG THE REAR LINE OF LOTS 1
THROUGH 9 AND 11 THROUGH 21, BLOCK 54, NEW
MARKET SUBDIVISION, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 1, PAGES 104 AND
105, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, SITUATED IN SECTION 3, TOWNSHIP 47 SOUTH,
RANGE 29 EAST, COLLIER COUNTY, FLORIDA, AND BEING
MORE SPECIFICALLY DESCRIBED IN EXHIBIT A
Item # 1 7B
ORDINANCE 2010-12 & ORDINANCE 2010-13: AMENDING
ORDINANCE NO. 76-57 (COUNTY'S PUBLIC SOLICITOR
ORDINANCE) AND ORDINANCE NO. 87-60, AS AMENDED
(REGULATING SOLICITATION IN PUBLIC RIGHT-OF-WAYS),
TO PROHIBIT SOLICITOR'S FROM MISREPRESENTING
THEMSELVES AS VETERANS OF THE MILITARY, OR TO
SOLICIT IN MILITARY UNIFORMS WHEN THEY ARE
NEITHER CURRENT NOR FORMER MEMBERS OF THE
MILITARY
Page 175
March 23,2010
Item #17C
RESOLUTION 2010-63: APPROVING AMENDMENTS
(APPROPRIATING CARRY FORWARD, TRANSFERS AND
SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2009-10_
ADOPTED BUDGET
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 2:55 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
IwLW~
FRED COYLE, Chai . an
ATTEST
DWIGHT E. BROCK, CLERK
~.~
Attnt 1$ W GM... .~.,
.1911&tuNi .00.1"
These minutes appr~d by the Board on
presented V or as corrected
1- / '2.'1-1 '1..0 I 0
, as
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICE, INC., BY TERRI LEWIS.
Page 176