BCC Minutes 04/13/2010 R
April 13, 2010
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, April 13, 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
Jeffrey A. Klatzkow, County Attorney
Sue Filson, BCC Executive Manager
Page 1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
'"01..'\111":,
.~ '
. .~
,. ( ,,,.....
JI ..... \
AGENDA
April 13, 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."
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
Page 1
April 13, 2010
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. INVOCA TION AND PLEDGE OF ALLEGIANCE
A. Reverend Bruce Frogge - First 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. March 9, 20 I 0 - BCC/Regular Meeting Minutes
C. March II, 20 I 0 - BCC/Strategic Planning Workshop
D. March 15,20] 0 - BCC/Tourist Development Council Workshop
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
4. PROCLAMATIONS
Page 2
April 13, 2010
A. Proclamation celebrating the lives ofthose who have battled cancer, those
fighting back against the disease and remembering loved ones who
ultimately lost the battle. To be accepted by Anne Gardner, Naples
American Cancer Society Customer Representative, Mary Jo Thurston,
Committee Member of the Survivorship Committee, and Kathleen Coppola,
Naples Relay for Life Committee Chairman. Sponsored by Commissioner
Fiala.
B. Proclamation to honor in memoriam Tor Kolflat for his dedication and
faithful service to Collier County. To be accepted by Carole Ann Kolflat and
Melissa Showalter. Sponsored by Commissioner Coyle.
C. Proclamation designating April 18 - 24, 20] 0 as Crime Victims Rights
Week. To be accepted by Angela Larson, Collier County Sheriffs Office,
Shaina Hicks, Project Help, and Lisa Roderick, Shelter for Abused Women
and Children. Sponsored by Commissioner Henning.
D. Proclamation designating April ] I to April ] 7, 20] 0 as National
Telecommunications Week in Collier County. To be accepted by Chief Greg
Smith, Capt. Roy Arigo, Manager Sandra Betts, and Cmdr. Bill Rule from
the Collier County Sheriffs Office. Sponsored by Commissioner Henning.
E. Proclamation designating April ]3,2010 as Golden Gate Task Force Day.
To be accepted by Jeff Letoumeau, Cpl. Robert Capizzi and Kaydee Tuff.
Sponsored by Commissioner Henning.
F. Proclamation designating April ]8 to April 24, 20]0 as National Volunteer
Week in Collier County. To be accepted by stafffrom the Public Services
Division and members of their volunteer corps. Sponsored by Commissioner
Fiala.
G. Proclamation designating April, 2010 as Parkinson's Disease Awareness
Month. To be accepted by Michael and Gretchen Church. Sponsored by
Commissioner Henning.
H. Proclamation designating April, 20]0 as Sexual Assault Awareness Month.
To be accepted by Eileen Wesley, Project Help. Sponsored by
Commissioner Coyle.
Page 3
April 13, 2010
I. Proclamation designating April 20, 2010 as Rotary Group Exchange Team
Day. To be accepted by Ruth Ruskin, President, Rotary Club of Naples Bay.
Sponsored by Commissioner Coletta.
J. Proclamation designating April 24, 20]0 as A Day of Service In Immokalee.
To be accepted by Jenifer Brooks. Sponsored by Commissioner Coletta.
5. PRESENT A TIONS
A. Presentation of a plaque from the South Florida National Parks Trust
showing appreciation to the Board of County Commissioners and the Tourist
Development Council for their support of the new Big Cypress Swamp
Welcome Center. To be presented by Patrick White, Trustee and Don
Finefrock, Executive Director.
6. PUBLIC PETITIONS
A. Public Petition request by Mr. Mike Motwani regarding Port of the Islands
Community Improvement District.
B. Public Petition request by Mr. Michael K. Corradi regarding zoning at
Airport Road/Orange Blossom Intersection.
C. Public Petition request by Ms. Keri Menard regarding facilities at Max
Hasse Community Park.
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-2008-AR-14085
Renda Broadcasting Corporation, represented by Richard D. Y ovanovich,
Esquire of Coleman, Yovanovich and Koester, P.A., is requesting a
Conditional Use for a communications tower and the installation of related
shelter and equipment in the Estates (E) Zoning District, as specified in
Section 5.05.09 of the Collier County Land Development Code (LDC). The
approximately 4.77-acre subject property is located at 5860 Crews Road, in
Page 4
April 13, 2010
Section 8, Township 50 South, Range 26 East, in Collier County, Florida.
(CTS)
8. ADVERTISED PUBLIC HEARINGS
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Animal Services Advisory Board.
B. Appointment of members to the Tourist Development Council.
C. Appointment of member to the Collier County Coastal Advisory Committee.
10. COUNTY MANAGER'S REPORT
A. Recommendation to reject an offer to settle (and release) a $13] ,000 Code
Enforcement Lien for payment of$15,000 in the Code Enforcement Action
entitled Board of County Commissioners vs. Richard Carter, Case No. 2007-
060653, relating to property known as 196 BriarcliffLane, Naples, Florida.
(Diane B. Flagg, Director, Code Enforcement, CDES)
B. Recommendation to accept the status report regarding the procurement of
Consultants' Competitive Negotiation Act (CCNA) professional services
under the County's fixed term contracts. (Len Price, Administrative Services
Administrator)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. This item to be heard at 10:30 a.m. The County Attorney is presenting to
the Board a request by the Collier Children's Trust Proponents Political
Committee to adopt a statement or resolution in furtherance of House Bill
511 and Senate Bill I] 62 which, if enacted, would create a mechanism
whereby Collier County citizens could establish a Children's Trust as an
independent special district. A statement or resolution is required by Section
I 89.404(2)(e)(4), Florida Statutes, and is intended to certify that the
proposed district is consistent with approved local government plans and
Page 5
April 13, 2010
confirm that the local government has no objection to the creation of the
district.
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of each
item. If discussion is desired by a member of the Board, that item(s) will be removed
from the Consent Agenda and considered separately.
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve final acceptance of the water and sewer
utility facilities for Creekside Flex Space.
2) This item requires that ex parte disclosure be provided bv
Commission Members. Should a hearine 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 Ave Maria Phase Three
Replat.
3) Recommendation to grant final approval of the roadway (public) and
drainage improvements for the final plat ofIndependence Phase Two.
The roadway improvements will be maintained by Collier County and
the drainage improvements will be privately maintained.
4) Recommendation to grant final approval of the roadway (public) and
drainage improvements for the final plat of Independence Phase Two-
A. The roadway improvements will be maintained by Collier County
and the drainage improvements will be privately maintained.
Page 6
April 13, 2010
5) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Ave Maria Unit 3, Del
Webb Phase One with the roadway and drainage improvements being
privately maintained.
6) Recommendation to approve the application by Florida Specialties,
LLC for the Job Creation Investment Program and the Broadband
Infrastructure Investment Program.
7) Recommendation to approve the Release and Satisfaction of Lien in
the Code Enforcement Action entitled Board of County
Commissioners vs. Janet Peralta, Special Magistrate Case No. 2007-
050023, relating to property located at 2365 55th Terrace SW, Collier
County, Florida.
8) Recommendation to accept an offer to settle and release two code
enforcement liens, with a combined accrued value of $231 ,528 for
payment of $65,000 in the Code Enforcement Actions entitled Board
of County Commissioners vs. 6240 Collier Group, Inc., Case Nos.
CEB 2007-080153 and OSM 2007-080327, relating to property
known as 6220 and 6240 Collier Boulevard, Collier County, Florida.
9) Recommendation to grant final approval ofthe roadway (public) and
drainage improvements for the final plat of Market Center with the
roadway improvements being maintained by Collier County and the
drainage improvements being privately maintained.
10) Recommendation to adopt an Amending and Superseding Resolution
to Resolution 2001-3] 6, in order to update and clarify the Code
Enforcement Director's authority to recommend settlement of Code
Enforcement Liens.
B. TRANSPORTATION SERVICES
1) Recommendation to approve an Amendment to Agreement
authorizing a rate increase to $80 per boarding for Stretcher Medicaid
trips for the paratransit services provided under Collier County's
Agreement with McDonald Transit Associates, Inc. d/b/a Collier Area
Transit (McDonald Transit).
Page 7
April 13, 2010
2) Request for authorization to advertise a proposed amendment to
Ordinance No. 98-], an ordinance prohibiting the conversion of
swales to culverts in the public rights-of-way within an area of Naples
Park, to allow for the installation of swale enclosures on ] I ] th
Avenue North and along 8th Street North in Naples Park.
3) Recommendation to approve the purchase of a Perpetual, Non-
exclusive, Road Right-of-Way, Drainage and Utility Easement (Parcel
445RDUE) containing 6,950 square feet, which is required for the
four-Ianing of Golden Gate Boulevard between Wilson Boulevard and
DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $5,480).
4) Recommendation that the Board of County Commissioners approve
one (I) Adopt-A-Road Program Agreement with two (2) roadway
recognition signs at a total cost of $150.
5) Recommendation to approve Change Order No.2 in the amount of
$10,537 for Contract No. 09-5190 Rattlesnake Hammock Road (Polly
Ave to CR - 95]) Landscape Improvements Construction with
Hannula Landscaping, Inc. (Project No. 65021.1)
6) Recommendation to award RFP #10-5359, Traffic Signal Timing &
Coordination to Albeck Gerken, Inc. for traffic engineering consultant
services necessary to complete the Arterial Coordination activity
under the United States Department of Energy's Energy Efficiency
Conservation Block Grant (EECBG), in the amount of$]66,966.81.
7) Recommendation to ratify termination of the January 26,2010
Purchase Agreement (for Stormwater Retention Pond Sites) between
Mar Investments LLC and Collier County for the purchase oftwo
parcels containing a total of].4 76 acres of commercially zoned
property located on the northwest corner of Tamiami Trail East (US-
4]) and Collier Boulevard (CR-95]) considered for construction of a
stormwater detention and treatment pond site in connection with the
Collier Boulevard/US-41 Overpass Project No. 60] ] 6. (No fiscal
impact associated with this item)
Page 8
April 13, 2010
8) Recommendation to approve the purchase of two fee simple parcels
and accept the donation of a slope easement and a utility easement
required for construction of the Northbrooke DriveNalewood Drive
Extension (Phase ]) Project No. 60]06. (Fiscal Impact: $4,600)
9) Recommendation to approve Funding Agreement No. 4600002032
and budget amendment in the amount of $39,329 necessary to
recognize matching funds from South Florida Water Management
District, which will provide assistance with the construction of the
Gateway Triangle Stormwater Improvement Project (Project #5] 803).
10) Recommendation to Award Bid #]0-5445 Forest Lakes MSTU
Project F-53 Quail Run Lake Shoreline Restoration & Stabilization to
Quality Enterprises USA, Inc., in the amount of$],] 53,254.75.
11) Recommendation to award a contract for ITB #09-5328, Asphalt,
Milling & Related Items to Better Roads, Inc. and C.W. Roberts
Contracting, Inc. (d/b/a Cougar Contracting) in the estimated annual
amount of$] ,500,000.
C. PUBLIC UTILITIES
1) Recommendation to Award Bid Number ]0-544], Isles of Capri
Water Main Replacement Phase] in the amount of$],074,097 to
Douglas N. Higgins, Incorporated, to complete the rehabilitation of
the potable water distribution system that services the Isles of Capri,
Project No 7]0]0.7.
2) Recommendation to approve Purchase Order No. 4500] ] 426] in the
amount of$4] 7,625.90 to D.N. Higgins, Inc. to replace three large
deteriorated and leaking influent sewage force mains at the Master
Pumping Station 302 site, Project #72549.
D. PUBLIC SERVICES
1) Recommendation to approve and appoint the proposed Inlet
Management Work Team for Wiggins Pass as recommended by the
Coastal Advisory Wiggins Pass Subcommittee.
Page 9
April 13, 2010
2) Recommendation to approve a budget amendment in the amount of
$8,500 to recognize revenue and appropriate expenditures for a grant
awarded from the Community Foundation of Collier County to serve
the needs of seniors in Immokalee.
3) Recommendation to authorize the conveyance of a Revocable
Temporary License to the Lee County Electric Cooperative, Inc. for
the installation of electric facilities to provide electric service for the
Goodland Boat Park located at 750 Palm Point Drive, Goodland
Florida, at a cost not to exceed $60.
4) Recommendation to approve grant related expenditures in excess of
$50,000 for real property acquired under the Neighborhood
Stabilization Program to fund rehabilitation activities. Funding will
ensure compliance with Collier County building code regulations and
further the goals and objectives of the Housing Element of the Growth
Management Plan.
5) Recommendation to authorize the Chairman to sign a Property
Owners Agreement with the City of Naples Police Department to
allow access to three County parks located within the City limits.
6) Recommendation to authorize the County Manager, or his designee,
to approve Change Order #4 in the amount of$36,6]6.64 to Johnson
Engineering design consultant for the Goodland Boat Park Project
#806]].] under Contract #05-3842 to provide additional construction
observation services due to unforeseen site conditions.
7) Recommendation to approve and authorize the Chairman to sign two
(2) Releases of Lien and two(2) Satisfactions of Mortgage for owner
occupied affordable housing dwelling units that have satisfied the
terms of assistance provided. Fiscal impact $29,864.20.
8) Recommendation to award invitation to Bid (ITB) #10-54] 7 ARRA
Green Lighting System Retrofits in the amount of$485,809 to
Electrical Contracting Services, Inc., for the Parks and Recreation
projects at Immokalee Community Park and Gulf Coast Community
Park.
Page 10
April 13, 2010
E. ADMINISTRATIVE SERVICES
1) Recommendation to award RFP #]0-5393 for Exotic Vegetation
Removal, with an estimated annual cost of$350,000, to four firms:
EarthBalance, Environmental Restoration Consultants, Aquagenix,
and Walker Exotic Tree Eradication in no particular order and
authorize the Chairman to execute a standard County contract.
2) Recommendation to authorize payments to Ground Zero Landscaping
Services Inc. for services rendered to the Bayshore Gateway MSTU
pursuant to Contract #05-3689 in the total amount of $86,288.65.
3) Recommendation to review and approve proposed language to be
added to County Manager's Agency Policy (CMA) 53] I, Code of
Ethics, regarding employees who serve on non-profit boards that
receive direct or indirect funding from Collier County.
4) Recommendation that the Board approve, and authorize the Chairman
to sign, a Youth Hunt Agreement in order to allow Florida Fish and
Wildlife Conservation Commission (FWC) to conduct Youth Hunts
for Collier County residents at Caracara Prairie Preserve.
5) Recommendation to approve chiller maintenance services to the
respective manufacturers: Trane, McQuay Services, and Carrier
Commercial Services, as the sole source providers for the
maintenance, repair, and installation of associated parts, proprietary
software, and other auxiliary components of County-owned and
maintained chillers for an estimated annual amount of$IOO,OOO.
6) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
7) Recommendation to approve and authorize the Chairman to sign the
Assumption Agreement from Vanus Engineering Evolution, Inc., to
Gannett Fleming, Inc., for Traffic Engineering Consultant Services,
Consultant Services for Collier County Signal Retiming Project, and
County Wide Engineering Services.
Page 11
April 13, 2010
8) Recommendation to approve and authorize the Chairman to sign the
Assumption Agreement from Trutwin Industries, Inc., to RoadSafe
Traffic Systems, Inc., for Roadway Paint, Thermoplastic Markings,
and Raised Markers.
9) Recommendation to authorize the Chairman to sign the Caracara
Prairie Preserve Bank Agreement, Caracara Prairie Preserve
Conservation Bank Conservation Easement, Interlocal Agreement
with CREW Land and Water Trust, Declaration of Trust for Caracara
Prairie Preserve, and Caracara Prairie Preserve Endowment Fund
Trust Agreement which are necessary to create the Caracara Prairie
Preserve Conservation Bank.
F. COUNTY MANAGER
1) Recommendation to approve the after the fact submittal of a $5,000
grant from the 20] 0 Trailblazer Grant Program sponsored by the
National Center for Civic Innovation in order to enhance our efforts in
creating citizen centric performance measures as outlined in the
County Manager's FY 2010 work plan.
2) Recommendation to approve the after-the-fact submittal of an
Emergency Medical Services Tracking and Reporting System
(EMSTARS) Field Data Collection Grant to the Florida Department
of Health, Bureau of Emergency Medical Services in the amount of
$158,500.
3) Recommendation to approve the Collective Bargaining Agreement
between Collier County and the Collier EMS/Fire Bargaining Unit,
Southwest Florida Professional Firefighters Local 1826, International
Association of Firefighters, Incorporated.
4) Recommendation to authorize the chairman to approve a budget
amendment and the transfer of funds from the General Fund, upon
receipt of the auction proceeds from the sale of the Self Contained
Breathing Apparatus and accessories into the Ochopee Fire Control
District fund] 46.
Page 12
April 13, 2010
5) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2009-10 Adopted Budget.
6) Recommendation to approve Change Order #4 on Contract #06-4007
with Paradise Advertising and Marketing, Inc. for up to $1,875,000 in
additional billing at gross in accordance with their agreement with
Collier County and authorize the Chairman to execute the Change
Order.
7) Recommendation to accept the Report from the March 15,2010 Joint
Board of County Commissioner (BCC) and Tourist Development
Council (TDC) workshop covering tourist development tax dollars
and associated budgetary considerations.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners (BCC)
and the Board of County Commissioners acting as the Bayshore
Gateway Triangle Community Redevelopment Agency Board (CRA)
approve an amendment to the service contract of the Bayshore
Gateway Triangle CRA Executive Director and appoint David
Jackson to the new position of Executive Director of Business and
Economic Development.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Henning requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose. He
attended the Greater Naples Chamber of Commerce Wake Up Naples
event on March 17, 2010 at the Naples Hilton Hotel, 511] Tamiami
Trail North, Naples. $25 to be paid from Commissioner Henning's
travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
Page 13
April 13, 2010
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period of March
13, 2010 through March ] 9, 2010 and for submission into the official
records of the Board.
2) To obtain Board approval for disbursements for the period of March
20,2010 through March 26, 2010 and for submission into the official
records of the Board.
3) To obtain Board approval for disbursements for the period of March
27, 20 I 0 through April 2, 20 I 0 and for submission into the official
records of the Board.
K. COUNTY ATTORNEY
1) Recommendation to authorize the County Attorney to file a lawsuit,
on behalf of the Collier County Board of County Commissioners,
against the Collier County Housing Development Corporation, now
known as the Housing Development Corporation of Southwest
Florida, for failure to comply with the grant agreement to develop
Cirrus Pointe.
2) Recommendation to approve the mediation settlement in the lawsuit
filed by James Cooney and Rosemary Cooney against the Board of
County Commissioners, in Collier County Circuit Court, for the sum
of $6,605 and authorize the Chairman to execute the Settlement
Agreement.
3) Recommendation to authorize the County Attorney to advertise an
ordinance for future Board consideration which would establish a
mechanism to create a dedicated source of revenue to fund an
economic development program and to advance economic
development initiatives in zones of geographic concentration within
unincorporated Collier County. These zones, to be called Innovation
Zones, will be designated by the Board from time to time through the
implementation of Economic Development Plans adopted by
Resolution for each Innovation Zone.
Page 14
April 13, 2010
4) Recommendation to adopt a Resolution limiting repetitive public
petitions and comments.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL
MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR
THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING
ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO
INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE
ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-JUDICIAL IN NATURE, ALL
PARTICIPANTS MUST BE SWORN IN.
A. Recommendation to approve an amendment to Ordinance No. 2009-02 to
correct a scrivener's error pertaining to the repeal of ordinances and
resolutions as to various inactive taxing districts located within Collier
County.
B. Recommendation to adopt an ordinance amending Ordinance No. 90-17, as
amended, the Collier County Noise Control Ordinance, which would provide
for an exemption of noise resulting from authorized uses at the current
location of the Swamp Buggy Recreation and Sports Park and provide for
actual and recorded notice of this exemption to nearby parcels.
C. Recommendation to adopt an Ordinance amending Ordinance No. 92-40, as
amended, which created the Immokalee Beautification Municipal Service
Taxing Unit, to expand its purpose to include stormwater and drainage.
D. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. PUDZ-2007-AR-11320
Sembler Family Partnership #42, represented by Robert J. Mulhere, AICP of
R W A, Inc and R. Bruce Anderson, Esquire, of Roetzel and Andress,
requesting a rezoning from Rural Agriculture (A) zoning to Mixed-Use
Planned Unit Development (MPUD) to be known as McMullen MPUD. The
19.32 acres Rural Agricultural zoned site is proposed to permit a mixed-use
Page 15
April 13, 2010
development. The rezoning petition allows for a maximum of 185,000
square feet of commercial development. The subject property is generally
located one-half mile east of Collier Boulevard (CR 951) on Rattlesnake-
Hammock Road Extension, the south one-half of the southeast one-quarter
of the southwest one-quarter of Section 14, Township 50 South, Range 26
East, Collier County, Florida. (CTS)
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
Page 16
April 13, 2010
April 13, 2010
CHAIRMAN COYLE: Ladies and gentlemen, the Board of
County Commissioners' meeting is now in session.
Who do we have for the invocation today, County Manager?
MR. OCHS: Mr. Chairman, we have Reverend Bruce Frogge
from the First Christian Church.
CHAIRMAN COYLE: Okay. Reverend? Would you please
stand for the invocation.
REV. FROGGE: I invite you to join me in a word of prayer.
We pause in the presence of what is good and holy. You,oh
gracious one, are present to each of us. In this day we give thanks for
those who offer themselves in service to this community and county.
Though none of us have all the right answers, I pray for these
individuals, that they may listen to one another, that they may seek
advice, that they may discern and collectively find what is good for
the citizens of this county. May their task here this morning provide
all of us an example, a model, of respect, compassion, tolerance,
understanding, and hope.
This we offer in your holy name. Amen.
CHAIRMAN COYLE: Thank you very much. Would you
please join us in the Pledge of Allegiance.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN COYLE: Thank you very much. And before we
begin, we have an historic occasion here today. This is Commissioner
Fiala's 39th birthday.
COMMISSIONER FIALA: Again.
CHAIRMAN COYLE: For the tenth time. And I would like to
wish her a happy birthday.
(Applause.)
CHAIRMAN COYLE: And would you please stand and help us
sing Happy Birthday.
(Happy Birthday was sung in unison.)
COMMISSIONER FIALA: And thank you, everyone. You
Page 2
April 13, 2010
sounded beautiful.
CHAIRMAN COYLE: Yeah. Okay.
County Manager, would you please go over 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. Good morning, Commissioners. These
are agenda changes for the Board of County Commissioner's Meeting
of April 13, 2010.
The first change is to withdraw Item 10B, which is a
recommendation to accept a status report regarding procurements of
Consultants' Competitive Negotiation Act Professional Services under
county's fixed term contracts.
The board had invited the Clerk to attend to discuss this
particular item. The Clerk had written a letter back indicating he's
unable to be present today for the item but certainly indicated his
willingness to meet with the board on another date. He also indicated
that he had requested the State Attorney General's Office to provide
guidance to his office on this payment issue.
So with the board's permission, staff will work with the Clerk to
reschedule this item for a subsequent board meeting.
CHAIRMAN COYLE: Okay. You want to cover that at the
time that we set the agenda, or do you want a separate vote on that
now?
MR. OCHS: That's just a -- separate vote would be fine, sir.
CHAIRMAN COYLE: Okay, all right. Do we have at least
three nods to discuss this on a subsequent agenda?
COMMISSIONER FIALA: Sure.
Page 3
April 13, 2010
CHAIRMAN COYLE: Okay. Everybody's in agreement.
MR. OCHS: Thank you.
Next item is to move Item 16E3 from your consent agenda. That
will become Item 10C. It's a recommendation to review and approve
proposed language to be added to County Manager's Agency Policy
(CMA) 5311, code of ethics, regarding employees who serve on
nonprofit boards that receive direct or indirect funding from Collier
County. That item is moved at Commissioner Coyle's request.
Next change is to move Item 16K4 to Item 12B, which is a
recommendation to adopt a resolution limiting repetitive public
petitions and comments. That item is moved at Commissioner
Henning's request.
One agenda note, Item 16A6 has one change. It's under fiscal
impact on Page 3 of your executive summary. The last number on the
fourth row labeled Florida Specialties Request, should be $28,400
rather than $38,400. That change is at staff request.
And my final agenda note, Mr. Chairman, is one time-certain
item is scheduled for 10:30 a.m. this morning. That's Item 12A
regarding discussion on the proposed Children's Trust for Collier
County.
CHAIRMAN COYLE: Okay.
MR. OCHS: That's all the changes I have, Mr. Chairman.
CHAIRMAN COYLE: Thank you very much, Mr. Ochs.
County Attorney, do you have any changes?
MR. KLATZKOW: No, sir.
CHAIRMAN COYLE: Okay. Thank you very much.
We'll go to the commissioners, and we'll start with Commissioner
Fiala. And could you please provide ex parte disclosure on the
summary and consent agenda and any changes you'd like to make to
the agenda.
COMMISSIONER FIALA: Yes, thank you. One change I
would like to make to the agenda, please, is I'd like to pull number
Page 4
April 13,2010
17D off the summary agenda and put it on the regular agenda.
MR. OCHS: That will become Item 8A.
COMMISSIONER FIALA: Okay. And other than that, I have
no other changes to the agenda, and being that I had some disclosures
for 17D, I'll just state them at that time.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: Yes, thank you. Good morning.
Thank you, Chairman.
I have nothing to disclose on the agenda at this point. And on the
summary agenda, obviously, this item's been pulled, so it will be -- I'll
have that disclosure at 8A.
CHAIRMAN COYLE: Very well.
And I have no further disclosures, and I have no additional
changes to the agenda.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes, sir. Thank you very much.
Good morning.
CHAIRMAN COYLE: Good morning.
COMMISSIONER COLETTA: Let's see. On the ex parte, I
have nothing under the -- the only thing I have is on the summary
agenda, 17D; however, with that said, I do have two things I'd like to
take up. One, I'd like to pull 16AI0.
In addition to that, I have a question for the county attorney, and
rather than pulling it, I just want to ask the question. On the summary
agenda, 17 A, today under public petition we have members of the
residents from Port of the Isles that are here, and the issue has to deal
with their CIA (sic). Would this, in any way, have anything to do with
Port of the Isles in 16A? If it does, I'd like to pull it. If it doesn't, then
I'd like to have that clarified for the record.
MR. KLATZKOW: No. There will be no point in pulling 17A
since the commission has no -- the commission didn't have jurisdiction
to end the CID the way it happened here. It was an inadvertent
Page 5
April 13,2010
conclusion to a bunch ofMSTU's that we had that were enacted. This
is not how you terminate a CID. So you couldn't do it anyway. So
there's no point hearing it.
COMMISSIONER COLETTA: So it doesn't belong on this
particular list, 17 A; it shouldn't include Port of the Isles CID?
MR. KLATZKOW: That's right. It should never have included
it. It was a mistake.
COMMISSIONER COLETTA: It was put on there in error at
one point?
MR. KLATZKOW: Error.
COMMISSIONER COLETTA: And County Manager, the item
that I pulled, 16AlO?
MR. OCHS: Yes, sir. That will become 10D.
COMMISSIONER COLETTA: Thank you.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: Thank you. No ex parte
communications on today's consent or summary agenda.
Clarification, on 16B6, it is a grant to -- for traffic signal timing
coordination. If we can just get the amber light throughout Collier
County the same time, I have no need to pull that. But we definitely
had or have a problem with the amber lights in Collier County.
The next thing I definitely want to pull would be 16E6. It's the
change order list. And that's all I have.
MR. OCHS: Mr. Chairman, that will become Item 10E.
CHAIRMAN COYLE: Ten echo, E?
MR. OCHS : Yes, sir.
CHAIRMAN COYLE: Okay. Thank you very much.
All right. Do I have a motion to approve today's regular, consent,
and summary agenda as amended?
COMMISSIONER HENNING: So moved.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Motion by Commissioner Henning,
Page 6
second by Commissioner Fiala.
All in favor, please signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
Page 7
April 13, 2010
Agenda Changes
Board of County Commissioners Meeting
April 13, 2010
Withdraw Item lOB: Recommendation to accept the status report regarding the
procurement of Consultants' Competitive Negotiation Act (CCNA) professional services under
the County's fixed term contracts. "The Clerk of Courts is unable to be present today for this
item, but has indicted his willingness to meet with the Board on another date. He has also
requested the State Attorney Generars Office to provide guidance to his office on this issue.
Staff will reschedule this item for a subsequent Board meeting. (Staffs request)
Move Item 16B to 10C: Recommendation to review and approve proposed language to
be added to County Managers Agency Policy (CMA) S311, Code of Ethics, regarding
employees who serve on non-profit boards that receive direct or indirect funding from Collier
County. (Commissioner Coyle's request)
Move Item 16K4 to 12B: Recommendation to adopt a Resolution limiting repetitive public
petitions and comments. (Commissioner Hennings request)
Note:
Item 16A6: Under Fiscal Impact, (page 3) the last number on the 4th row (labeled"Florida
Specialtiefrequest) should be $28,400 rather than $38,400. (Staffs request)
Time Certain Items:
Item 12A to be heard at 10:30 a.m. (Commissioner Coyle's request)
4/13/20108:39 AM
April 13, 2010
Item #2B, #2C and #2D
MINUTES FROM THE MARCH 9, 2010 - BCC/REGULAR
MEETING; MARCH 11,2010 - BCC/STRATEGIC PLANNING
WORKSHOP AND MARCH 15,2010 BCC/TDC WORKSHOP-
APPROVED AS PRESENTED
CHAIRMAN COYLE: It passes unanimously.
Now, with respect to the March 19,2010, BCC Regular Meeting
Minutes, the March 11, 2010 BCC/Strategic Planning Workshop,
March 15,2010 BCC/Tourist Development Council Workshop.
COMMISSIONER HALAS: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Okay. A motion to approve by
Commissioner Halas, second by Commissioner Fiala.
All in favor, please signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: The minutes are passed unanimously.
That brings us to service awards.
MR. OCHS: No, sir. No service awards.
CHAIRMAN COYLE: We have none today?
MR. OCHS: No, sir.
CHAIRMAN COYLE: That brings us to the first proclamation.
Page 8
April 13, 2010
Item #4
PROCLAMATIONS - ONE MOTION TAKEN TO ADOPT ITEMS
#4A & #4C thru #4J
Item #4A
PROCLAMATION CELEBRATING THE LIVES OF THOSE
WHO HAVE BATTLED CANCER, THOSE FIGHTING BACK
AGAINST THE DISEASE AND REMEMBERING LOVED ONES
WHO ULTIMA TEL Y LOST THE BATTLE. ACCEPTED BY
ANNE GARDNER, NAPLES AMERICAN CANCER SOCIETY
CUSTOMER REPRESENTATIVE, MARY JO THURSTON,
MEMBER OF THE SURVIVORSHIP COMMITTEE, AND
KATHLEEN COPPOLA, NAPLES RELAY FOR LIFE
COMMITTEE CHAIRMAN - ADOPTED
MR. OCHS: Yes, sir. That's proclamation 4A. It's a
proclamation celebrating the lives of those who have battled cancer,
those fighting back against the disease and remembering loved ones
who ultimately lost the battle. This proclamation to be accepted by
Anne Gardner, Naples American Cancer Society customer
representative; Mary Jo Thurston, committee member of the
survivorship committee; and Kathleen Coppola, Naples Relay for Life
committee chairman. This proclamation is sponsored by
Commissioner Fiala.
Would those ladies could come forward, please.
(Applause.)
CHAIRMAN COYLE: Who's going to accept this?
UNIDENTIFIED SPEAKER: Anne will.
CHAIRMAN COYLE: Now if you'll turn around and get your
picture taken. We'll autograph it for you later. Thank you.
Page 9
April 13, 2010
(Applause.)
CHAIRMAN COYLE: Ladies, recently --
MR. OCHS: Commissioner, I'm sorry. Do we have a comment?
CHAIRMAN COYLE: I'm sorry. Did you want to say
something? I'm sorry.
MS. GARDNER: I would just love to announce the Relay for
Life of Naples is this weekend, April 16th and 17th at Gulfview
Middle School. It starts at four p.m. this Friday. Six p.m. is our
survivor lap where we would love all the survivors in our community
to come out and walk that first victory lap. But it's a great event, and
we hope to see you all there.
Thank you very much.
(Applause.)
CHAIRMAN COYLE: Thank you very much. Congratulations.
(Applause.)
Item #4 B
PROCLAMA nON TO HONOR IN MEMORIAM TOR KOLFLA T
FOR HIS DEDICA nON AND FAITHFUL SERVICE TO
COLLIER COUNTY. ACCEPTED BY CAROLE ANN KOLFLA T
AND MELISSA SHOW ALTER - ADOPTED
CHAIRMAN COYLE: Ladies, recently we lost a very good
friend and a man who devoted a lot of time to helping our community.
I would like to read a proclamation in honor of Mr. Tor Dagfin
Kolflat, and it will be -- when I finish reading, it will be accepted by
his wife, Carole Kolflat.
Whereas, it is hereby noted with great sadness, our friend and
colleague, Mr. Tor Dagfin Kolflat, passed away on Monday, March
the 22nd, 2010 at the young age of 84 surrounded by his loving wife,
Carole Ann and family; and,
Page 10
April 13, 2010
Whereas, it is duly noted that Tor was first appointed to the
Collier County Planning Commission on January the 10th, 2006, to
fill the remainder of a vacant term and then reappointed to a full term
in October, 2007. In this capacity, Tor faithfully and honorably
served the citizens of Collier County.
While serving as a member of the Collier County Planning
Commission, Tor also served as community -- our -- served our
community on a variety of other boards, including the Collier County
Utility Rate and Regulatory Board, as well as the Naples Planning
Advisory Board.
Whereas, Tor diligently and faithfully assisted his fellow
planning commissioners in the governmental oversight of the county's
codes and ordinances, and in doing so, ensured the development of
quality communities in neighborhoods throughout the county. Tor
contributed immeasurably to the enhancement of community
development, quality of life, and community character of Collier
County; and,
Whereas, having served as a civic leader, Tor was also a member
of the Naples Elks Lodge, the Rotary Club of North Naples, and the
Naples Civic Association Waterway Council, and in doing so,
promoted harmony between industry and citizens of Collier County;
and,
Whereas, every day Tor worked diligently, enthusiastically, and
always displayed a professional attitude and continuously provided
competent counsel and advice to petitioners, residents, staff, directors,
the administrator, and the other members of the Collier County
Planning Commission, and in doing so, steadfastly and proficiently
enforced the dictates of the Board of County Commissioners and the
guidance and mandates of the Collier County Growth Management
Plan and the Land Development Code; and,
Whereas, in Tor's professional career, he published over 30
technical articles and was licensed as a professional engineer in
Page 11
April 13, 2010
several states. Tor's engineering background included being a partner
and manager of Sargent and Lundy, one of the largest and oldest
consulting engineering firms, having been founded in 1891,
specializing in design and construction of gas, oil, coal, and nuclear
power plants and transmission lines; and,
Whereas, given his expertise as a professional engineer, Tor was
a member of the Western Society of Professional Engineers, the
American Nuclear Society, appointed fellow in the American Society
of Mechanical Engineers and chairman of the American Power
Conference.
It is fitting that we recognize Tor Kolflat for his dedication and
faithful service to the Board of County Commissioners and his fellow
commissioners on the county Planning Commission and, importantly,
to the citizens of Collier County from January the 10th, 2006, to
March 22,2010.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that April the 13th, 2010,
be designated as Tor Kolflat Recognition Day.
Done and ordered this 13th day of April, 2010, Board of County
Commissioners, Collier County, Florida, Fred Coyle, Chairman.
I make a motion that we accept this proclamation.
COMMISSIONER HENNING: Second.
COMMISSIONER HALAS: Second.
COMMISSIONER FIALA: Second.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: The motion passes unanimously.
Carole, would you please come forward and accept this
proclamation.
(Applause.)
CHAIRMAN COYLE: Would the members of the Planning
Commission who are here please come up, and let's have a picture
taken with Carole. How many of are you here today? Okay. Thank
Page 12
April 13, 2010
you very much.
(Applause.)
Item #4C
PROCLAMATION DESIGNATING APRIL 18 - 24, 2010 AS
CRIME VICTIMS RIGHTS WEEK. ACCEPTED BY ANGELA
LARSON, COLLIER COUNTY SHERIFF'S OFFICE, SHAINA
HICKS, PROJECT HELP, AND LISA RODERICK, SHELTER
FOR ABUSED WOMEN AND CHILDREN - ADOPTED
MR. OCHS: Commissioners, Item 4C is a proclamation
designating April 18th through April 24, 2010 as Crime Victims
Rights Week. To be accepted by Angela Larson, Collier County
Sheriffs Office; Shaina Hicks, Project Help; and Lisa Roderick,
Shelter for Abused Women and Children. This proclamation is
sponsored by Commissioner Henning.
(Applause.)
Item #4 D
PROCLAMATION DESIGNATING APRIL 11 - APRIL 17,2010
NATIONAL TELECOMMUNICATIONS WEEK IN COLLIER
COUNTY. ACCEPTED BY CHIEF GREG SMITH, CAPT. ROY
ARIGO, MANAGER SANDRA BETTS, AND CMDR. BILL RULE
FROM THE COLLIER COUNTY SHERIFF'S OFFICE -
ADOPTED
MR. OCHS: Commissioners, Item 4D is a proclamation
designating April 11 to April 17, 2010, National Telecommunications
Week in Collier County. This proclamation is to be accepted by
Sheriff Kevin Rambosk, Commander Bill Rule; Supervisor Sue
Page 13
April 13, 2010
James; and members of the Sheriffs Office Communications Center.
Please come forward.
(Applause.)
MR. OCHS: And this proclamation is sponsored by
Commissioner Henning. Great.
(Applause.)
CHAIRMAN COYLE: Did you want to say something?
SHERIFF RAMBOSK: Please.
CHAIRMAN COYLE: Yes, certainly.
SHERIFF RAMBOSK: Good morning, everyone. Kevin
Rambosk, Sheriff of Collier County.
Just wanted to reemphasize and thank you for the proclamation.
Our communications, telecommunications staff, does a fabulous job.
They are the first point of contact in any request or emergency
situation, and we really need to recognize them, not only today, but
each and every day of the year, so thank you very much.
CHAIRMAN COYLE: Thank you, Sheriff.
(Applause.)
Item #4 E
PROCLAMATION DESIGNATING APRIL 13,2010 AS GOLDEN
GATE TASK FORCE DAY. ACCEPTED BY JEFF
LETOURNEAU, CPL. ROBERT CAPIZZI AND KA YDEE TUFF-
ADOPTED
MR. OCHS: Item 4E is a proclamation designating April 13,
2010, as Golden Gate Task Force Day. To be accepted by Jeff
Letourneau, Corporal Robert Capizzi, and Kaydee Tuff. This
proclamation is sponsored by Commissioner Henning.
(Applause.)
CHAIRMAN COYLE: Who's going to accept this? We've got
Page 14
April 13, 2010
one more.
COMMISSIONER FIALA: All right then.
(Applause.)
MR. LETOURNEAU: Good morning, everyone. Jeff
Letourneau, code enforcement supervisor for the Golden Gate City
area.
First I'd like to thank the commissioners for this honor. I'd like to
thank all the deputies I work with, Deputy Capizzi, Cordivari, Deputy
Madden and Loftus, fantastic group of people. I'd like to point out
Jeremy Florin, who's always there from utilities, helping us out in all
our events.
I'd like to thank my team, Renald Paul, John Santafemia, Joe
Mucha, Carmelo Gomez, Ron Martindale and Ralph Bosa. They're
doing a great job; make mine a lot easier.
Lastly, I'd like to thank my boss, Diane Flagg, for having the
foresight to see that this foreclosure crisis would be our main
challenge and that these community task forces would be the best way
in dealing with it. Her commitment to working with banks and getting
the Blight Prevention Program going has much to do with our success
today.
Our main goal is and will be to keep Collier the most beautiful
county in Florida and the first place families and businesses want to
call home. Thank you.
CHAIRMAN COYLE: Thank you.
(Applause.)
COMMISSIONER HENNING: Commissioner Coyle?
CHAIRMAN COYLE: Yes.
COMMISSIONER HENNING: May I say something?
CHAIRMAN COYLE: Sure.
COMMISSIONER HENNING: The Golden Gate Task Force
has been in existence for quite a few years. It's made up of
government agencies and citizens to address issues in Golden Gate,m
Page 15
April 13, 2010
and I am so proud of these people for stepping -- well, especially our
county employees and government employees, so proud of them.
They have kept that community up in this tough economic time.
My observation, it hasn't changed over the years, because citizens
and government agencies get involved, bring it up. So thank you.
CHAIRMAN COYLE: That's right. They've done a great job.
You can see the difference.
COMMISSIONER FIALA: I remember when you started, and
you were part of that. And the transformation, as we watched it, was a
wonderful thing to happen, and thank you for sticking with it so long.
COMMISSIONER HENNING: Thank you.
MR. OCHS: Yes, sir.
Item #4 F
PROCLAMATION DESIGNATING APRIL 18 - APRIL 24, 2010
AS NATIONAL VOLUNTEER WEEK IN COLLIER COUNTY.
ACCEPTED BY STAFF FROM THE PUBLIC SERVICES
DIVISION AND MEMBERS OF THEIR VOLUNTEER CORPS -
ADOPTED
Next item is Item 4F. It's a proclamation designating April 18 to
April 24, 2010, as National Volunteer Week in Collier County. To be
accepted by staff from the public services division and members of
their volunteer corps. This proclamation is sponsored by
Commissioner Fiala.
COMMISSIONER FIALA: Thank you. While they're coming
up, I would just like to say just a little get-well message to Jeff who's
sitting there watching and trying to get out of rehab. And he's a great
volunteer for the East Naples community. So, hi, Jeff.
MR. OCHS: Thank you, ma'am. Congratulations.
(Applause.)
Page 16
April 13, 2010
CHAIRMAN COYLE: Who's going to get it?
MS. KRUMBINE: Kathy's right up front. We'll do her.
CHAIRMAN COYLE: Somebody going to have something to
say?
MS. KRUMBINE: Brian is.
CHAIRMAN COYLE: Okay.
(Applause.)
MR. KELLY: For the record, Commissioner Coyle, I'm Brian
Kelly of the Housing and Human Services Department and project
director ofthe Retired and Senior Volunteer Program, RSVP.
Mr. Chairman, Commissioners, County Manager, staff, thank
you, on the occasion of National Volunteer Week, for recognizing our
3,332 wonderful Collier County volunteers who, in the past year, have
contributed more than 179,000 hours to Collier County and its
citizens.
If they charged these folks a reasonable hourly wage for their
services, they would be presenting a bill to the county at large along
about now for more than $3,400,000. Aren't we lucky they work
cheap? These folks just keep on going. They're reaching out to help
the county and its citizens, and they're making a difference in their
lives every day right where they are. That's what they do.
The Public Services Division, under the direction of the
Administrator Marla Ramsey, is home to more than 2,600 volunteers,
and every day they work hand in kind with county employees to serve
the public. For instance, Domestic Animal Services volunteers, under
the direction of Kathleen Drewe, provide companionship, care, and
attention to shelter animals while also providing adoption and
responsible pet ownership.
And the 179,000 hours cited in the proclamation don't even count
the 456 unique volunteers that Kathy leveraged through the Disney
Volunteer Program, and they contributed more than 1,600 hours
during the first quarter of this year alone.
Page 17
April 13, 2010
The library uses volunteers to help clients get the most out of the
services that are available. They keep our books shelved, they assist
with programs and so much more under the direction of Joanne
Wannamaker, volunteer coordinator.
Mary Margaret Gruszka, volunteer coordinator for the museum,
deploys volunteers in all museum locations. They're in the museum
library, the gift shop, they greet museum visitors, they assist with
special events, and they make Collier County history come alive for
museum patrons.
Parks and recreation volunteers, coordinated by Merrill Rorer, do
a lot of things. They coach youth sports teams, they assist with
children's programs, including therapeutic recreation. They help at the
skate parks, they maintain the park community centers and grounds,
participate in the sea turtle program, and assist at our beaches and
preserves, helping people enjoy the natural wonders of southeast --
Southwest Florida and Collier County.
At the University Extension, volunteers serve under 4H agent
Anni Galdames, as 4H leaders who put the interests and needs of
others first in efforts to build and develop new programs for our youth.
Volunteer master gardeners work with Cathy Feser, extension
horticulture agent. They serve the public with information on best
gardening practices and expertise in conserving Florida's very
valuable and diminishing natural resources.
Volunteer drivers, most of them veterans themselves, transport
our veterans to and from medical appointments under the direction of
Peter Kraley. And we have anecdotal evidence that some of these
veterans, to whom we owe so much, would have missed some or all of
their medical appointments that they were scheduled for were it not
for the transportation services provided by their former comrades in
arms.
Housing and Human Services Department, under the director
Marcy Krumbine, sponsors the retired and service -- retired and senior
Page 18
April 13, 2010
volunteer program, RSVP, which connects volunteer seniors to almost
70 local nonprofit organizations throughout the county, as well as
county agencies.
And we all know that during these times of budget and staff
shortages, all our county volunteers have been playing an increasingly
significant role in the level of service that Collier County provides for
its citizens. They do, indeed, make a difference, and we owe them a
great deal.
Mr. Chairman, Commissioners, thank you again for recognizing
the importance of these very special people, our volunteers. And as a
down payment on that $3,400,000, I'd like to ask if we could please
join together in one more well-deserved round of applause for all our
volunteers.
(Applause.)
CHAIRMAN COYLE: Thank you, Brian, and to all of the
people who volunteer to help us here at Collier County. As all of you
know, we're all having great difficulty from a financial standpoint in
performing the duties that are necessary to keep our community a
wonderful place to live, and the difference now is the volunteers.
They're filling the gaps; they're helping us. And so you can thank
them for helping make your community even better.
Now, with that said, we'll go to the next proclamation.
Item #4G
PROCLAMATION DESIGNATING APRIL, 2010 AS
PARKINSON'S DISEASE AWARENESS MONTH. ACCEPTED
BY MICHAEL AND GRETCHEN CHURCH - ADOPTED
MR. OCHS: Yes, sir. It's Item 4G. It's a proclamation
designating April, 2010 as Parkinson's Disease Awareness Month. To
be accepted by Michael and Gretchen Church. This proclamation is
Page 19
April 13, 2010
sponsored by Commissioner Henning.
(Applause.)
MR. CHURCH: Mr. Chairman, Commissioners, I just wanted to
say, on behalf of the thousands of patients, families, and friends in
Collier County that -- who suffer with Parkinson's disease and its
affects, of which I am a patient and so is my wife, we thank you from
the bottom of our hearts for this recognition.
CHAIRMAN COYLE: Thank you.
(Applause.)
Item #4 H
PROCLAMATION DESIGNATING APRIL, 2010 AS SEXUAL
AS SAUL T AWARENESS MONTH. ACCEPTED BY EILEEN
WESLEY, PROJECT HELP - ADOPTED
MR. OCHS: Item 4H is a proclamation designating April, 2010,
as Sexual Assault Awareness Month. To be accepted by Eileen
Wesley, Project Help. Proclamation is sponsored by Commissioner
Coyle.
(Applause.)
CHAIRMAN COYLE: Why don't we put you in the middle,
Mark, with the proclamation.
MR. OCHS: Okay. A bunch on the other side. Other side.
There you go.
CHAIRMAN COYLE: Is somebody going to say something?
MS. WESLEY: Good morning. I'm Eileen Wesley, and on
behalf of our board of directors, our victim advocates, and our
counselors, I want to thank you for recognizing April as Sexual
Assault Awareness Month.
Project Help has been in Collier County for 25 years this year
helping victims of crime and sexual assault and sudden death, and
Page 20
April 13, 2010
we're taking this month to honor nationally sexual assault awareness.
We'll have different activities throughout the month. One of them
coming up is, Collier County School Board is going to recognize our
denim day, which is a sexual assault awareness feature that runs
nationwide, and we're also, on April 22nd, working in collaboration
with Kohl's at our facility at 843 Myrtle Terrace. We're having an
Earth Day/Sexual Assault Awareness Day, and we're going to be
revamping our landscape in honor of sexual assault awareness.
We want to thank the community commissioners for their time of
looking over our proclamation and accepting it, as you have in the
past, and we appreciate your support. And we just appreciate the
community's support, our law enforcement, and our State Attorney's
Office working together to keep sexual assault out of our county.
Thank you.
CHAIRMAN COYLE: Thank you very much.
COMMISSIONER FIALA: Thank you for what you're doing.
(Applause.)
Item #4 I
PROCLAMATION DESIGNATING APRIL 20, 2010 AS ROTARY
GROUP EXCHANGE TEAM DAY. ACCEPTED BY RUTH
RUSKIN, PRESIDENT, ROTARY CLUB OF NAPLES BAY-
ADOPTED
MR. OCHS: Commissioners, Item 4 I is a proclamation
designating April 20, 2010, as Rotary Group Exchange Team Day. To
be accepted by Ruth Ruskin, president, Rotary Club of Naples Bay.
This proclamation is sponsored by Commissioner Coletta.
(Applause.)
CHAIRMAN COYLE: We need a picture.
MS. RUSKIN: Thank you.
Page 21
April 13, 2010
(Applause.)
MS. RUSKIN: Rotary Clubs throughout the world conduct these
month-long group study exchanges. Their sole purpose is to promote
world peace and understanding and to see how their vocations are
conducted in this country.
During the week that they're going to be here, these Russians
from Siberia -- the Russians are really coming -- we're going to show
off our beautiful Naples area.
The Rotary Club of Naples Bay thanks you-all for this
proclamation.
CHAIRMAN COYLE: Thank you.
Item #4J
PROCLAMATION DESIGNATING APRIL 24, 2010 AS A DAY
OF SERVICE IN IMMOKALEE. ACCEPTED BY JENIFER
BROOKS - ADOPTED
MR. OCHS: Commissioners, Item 4J is a proclamation
designating April 24, 2010, as a Day of Service in Immokalee. To be
accepted by Jenifer Brooks on behalf of the Fort Myers state of church
-- excuse me -- the Church of Jesus Christ of Latter-day Saints. This
proclamation is sponsored by Commissioner Coletta.
(Applause.)
MS. BROOKS: Well, first of all, on behalf of the Fort Myers
stake in the Church of Jesus Christ of Latter-day Saints, I would like
to say thank you to the board for this opportunity to recognize this day
of service for Immokalee and helping to beautify it.
On April 24, 2010, which is a Saturday, members, many, many
members of our church, will be gathered together in Immokalee to
help paint approximately 14 homes and a church building. There will
be over 100 hiking kits made up from youth from our -- from the
Page 22
April 13, 2010
church, and they'll be presenting those to the abused women's shelter
as well.
In Immokalee, the church has been there since 2000, and they
have a Haitian- and a Spanish-speaking congregation. And this is
such a wonderful opportunity for us to be able to go out and help in
this great day of service. So thank you so very much.
CHAIRMAN COYLE: Thank you.
(Applause.)
CHAIRMAN COYLE: Do I have a --
COMMISSIONER HALAS: Motion to approve today's --
CHAIRMAN COYLE: Proclamations.
COMMISSIONER HALAS: -- proclamations.
CHAIRMAN COYLE: Okay.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: A motion by Commissioner Halas to
approve all the proclamations today and a second by Commissioner
Fiala.
All in favor, please signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: It passes unanimously.
County Manager, you have someone you want to recognize?
MR. OCHS: Yes, sir, thank you very much. Before we move on
to our presentations, this fine-looking group immediately to my left
are here this morning. We'd like to recognize the Bonita Beach Birds.
They're a singing ensemble that lead sing-alongs at 12 different
assisted living facilities and hospices in our area. They also make
Page 23
April 13, 2010
shawls and lap covers to give to the residents of those facilities to
celebrate their birthdays, and I would just ask the board's indulgence
to have them all rise and please recognize them this morning.
COMMISSIONER FIALA: Could they sing?
CHAIRMAN COYLE: Good. Thank you very much.
(Applause.)
COMMISSIONER COLETTA: Could we take just a moment
and get a picture of them?
MR. OCHS: Yes, sir, please, if we could.
CHAIRMAN COYLE: Well, do they want to sing for us?
COMMISSIONER COLETTA: Yeah, that would be wonderful.
MR. OCHS: Sing for their picture.
MS. JOHNSON: We already sang Happy Birthday.
CHAIRMAN COYLE: I was wondering why the audience did
such a good job.
MR. OCHS: Yeah, please come up for a picture.
MS. JOHNSON: This is not even half of us. We have 25
actually that go to ten nursing homes and assisted living facilities in
Collier and two up in Lee County.
COMMISSIONER HALAS: Take a picture, then we'll have you
speak.
MR. OCHS: Scoot down a little bit. Scoot down to the left.
There you go. There you go.
MS. JOHNSON: We didn't flash, girls.
MR. OCHS: Very good. Thank you very much.
I think Ms. Johnson wanted to make a quick remark.
MS. JOHNSON: My name is Dee Johnson. I've lived in
Vanderbilt Beach for 30 years now, and I used to be on the board up
there for the homeowners association with my husband from about '81
to '86 or something. But in the past, I've become diversified. I lost
my husband, so I'm involved in the Bonita Beach Birds, which we get
a grant from the Bonita Lions Club to pay for the yarn that we use to
Page 24
April 13, 2010
make these lap covers and shawls, we present a red-white-and-blue lap
cover to the oldest veteran in these places, and we sing all the patriotic
songs, and we do the Saints Go Marching In, we give lots of hugs and
kisses, and for free, and we're -- but we're off the cuff, and it was --
and give love.
And another thing I'm starting this summer is, I got a group
starting to crocheting and knitting the shawls and the hats for the
chemo patients, since I'm a cancer survivor for 18 years. So I'm
spread around.
But I just want to thank you-all for recognizing that we enjoy
what we do. And whatever you give out comes back to you in a circle
of love. And I just thank you all.
CHAIRMAN COYLE: Well, thank you all for the good work
you do.
(Applause.)
MS. JOHNSON: We've got a presentation at Lakeside Pavilion
at 10:30, and half my group is over there now.
Item #5A
PRESENT A TION OF A PLAQUE FROM THE SOUTH FLORIDA
NA TIONAL PARKS TRUST SHOWING APPRECIATION TO
THE BOARD OF COUNTY COMMISSIONERS AND THE
TOURIST DEVELOPMENT COUNCIL FOR THEIR SUPPORT
OF THE NEW BIG CYPRESS SWAMP WELCOME CENTER.
PRESENTED BY PATRICK WHITE, TRUSTEE AND DON
FINEFROCK, EXECUTIVE DIRECTOR - PRESENTED
MR. OCHS: Thank you, Mr. Chairman and Commissioners.
That takes us to 5A, presentations. It's a presentation of a plaque
from the South Florida National Parks Trust, showing appreciation to
the Board of County Commissioners and the Tourist Development
Page 25
April 13, 2010
Council for their support of the new Big Cypress Swamp Welcome
Center. It's a presentation to be made by Patrick White, trustee, and
Don Finefrock, executive director.
Mr. White?
MR. WHITE: Good morning, Commissioners, Mr. Chairman,
and thank you, County Manager.
Mr. Finefrock won't be with us today. Unfortunately he had a
prior training schedule. I do have with me, however, the chief ranger
in charge of interpretation at the park, Bob DeGross, and he and I
would like to present a plaque that we had the pleasure on March 20th
to present directly to Commissioner Coletta.
The welcome center was opened that day. We encourage all the
citizens to come on out and see the exhibit. It's on your visualizer, the
one that we had a contribution from the Tourist Development Council,
and that was approved by the Board of County Commissioners.
So as a token of our appreciation and in grateful thanks for that
contribution and the interest in the project itself, we have a plaque
here that is emblematic of one of the iconic creatures of the park, a
panther, a natural shot, and it says, thank you.
The plaque reads, presented to Collier County Board of County
Commissioners and the Tourist Development Council for supporting
the Big Cypress Swamp Welcome Center, March 20,2010.
The actual funds went towards the exhibit that's on the visualizer,
inches make the difference, recognizing that the hydrology of the area
is so affected by just minor changes in elevation.
Encourage you all to stop out. It is, I believe, a facility that will
be a benefit to the community because it does have an area with an
auditorium for meetings that folks in the area will be able to come
there and gather and talk about issues of concern to the community.
We also have -- and I would be remiss if! did not thank Jack
Wert personally. Jack, on behalf of the Tourist Development Council,
was instrumental in recommending and assuring, along with
Page 26
April 13, 2010
Commissioner Fiala's assistance, the actual funds that we received.
They were essential to make sure that we were able to put these kinds
of exhibits into the welcome center. And thank you, Jack, for that.
In addition to the plaque -- and I'm going to ask Bob to make
some remarks in a minute -- if you indulge us, Jack had suggested you
might want to see a few minutes of video.
(A DVD was played.)
MR. WHITE: I was going to say, that's the school my daughter
went to.
(A DVD was played.)
MR. WHITE: Commissioners, in just those few images and
sound, you can grasp what so few people have an opportunity to
appreciate but I think what all of us have a responsibility and a role to
preserve. It's there for each and every one of us. It is our backyard.
And I'm going to ask Bob to make a few remarks, and then we'll
present you with the plaque. Thank you.
MR. DeGROSS: Good morning, Commissioners. I'm Bob
DeGross, chief of interpretation in public affairs at Big Cypress
National Preserve, and I'm here on behalf of Pedro Ramos,
superintendent of the preserve, and he just had some remarks that he
would like me to read.
The National Park Service cares for places that are iconic to the
American people. These places, whether natural, historic, or cultural,
tell the story of where we come from and who we are as a society.
Congress has been setting aside national park areas for over 100
years to be protected so that future generations may enjoy and be
inspired by these special places. This is an awesome mission, but it is
also a tremendous responsibility that we cannot fully meet without the
help of communities throughout the country that choose to step up,
and Collier County is one of these communities that have stepped up
to assist us.
For many years we have partnered with the County Board of
Page 27
April 13, 2010
Commissioners and the Tourism Development Council; in particular,
for years now, we have worked closely and successfully with
Commissioner Coletta on very difficult access issues to ensure that
people can continue having a meaningful connection with the Big
Cypress Swamp, and in particular, Big Cypress National Preserve.
Reasonable and sustainable access is certainly one very important
responsibility we have to deliver, but education is another.
As people come and go and demographics change in our
community and surrounding areas, we must work together in making
sure citizens understand the importance of the public lands that are
around us. The protection of the unique South Florida natural
treasures, including the Big Cypress Swamp, will depend greatly on
our collective success in telling the story of the swamp and developing
our next core of friends, future stewards and ambassadors.
The new Big Cypress Swamp Welcome Center will allow us to
do just that, tell the story about this special place that we all have in
our backyard.
Today we thank the Collier County Board of County
Commissioners and the Tourism Development Council for
contributing to the South Florida National Park's trust campaign effort
that made the exhibitry (sic) possible for this new center.
The National Park Service is fortunate to serve as stewards of the
Big Cypress Swamp within a county so committed to conservation
and to providing its residents and visitors with the unique natural
environment to enjoy and be inspired by.
Thank you very much.
CHAIRMAN COYLE: Thank you.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. I just wanted to say, if any of
you have an opportunity to buy this DVD -- I bought it, and, yes, it is
-- it's just marvelous. You sit there and you're just awestruck with it,
and it makes you want to just see more and more, and it also gives you
Page 28
April 13, 2010
some history and background.
CHAIRMAN COYLE: And the narrator is our own Peter
Thomas --
MR. DeGROSS: Yes.
CHAIRMAN COYLE: -- who is probably the foremost narrator
in film and radio and TV in the nation.
MR. WHITE: We were blessed to have him.
CHAIRMAN COYLE: Yes.
MR. WHITE: And Commissioner Fiala's right. I mean, we refer
to the map on the back wall that shows just how much of Collier
County is in a preserved status, and this is a remarkable video of that.
Mr. Stolesfits (phonetic) has done an awesome job. He and Clyde
Butcher have been wonderful supporters. We had a great day on the
20th. The director of the park service came down himself,
Commissioner Coletta made some great remarks. It was a wonderful,
wonderful day.
And I think it's a natural resource that really helps to keep us all
in balance with the tough and hectic days we have. And I thank you
so very much.
CHAIRMAN COYLE: Thank you, Patrick. You've brought up
an interesting point. I'm not sure that most people are aware that 80 to
82 percent of all of Collier County is permanently preserved. It will
never be developed; 80 to 82 percent of our entire county is in
preserves. So that's a remarkable achievement, and it does a lot to
preserve our quality of life here, and thank you very much for coming
up.
Yes, Commissioner Coletta?
COMMISSIONER COLETTA: You're absolutely correct,
Commissioner Coyle. We're very blessed in Collier County that we
have so much land in preserve. One of the things that we need to be
conscious of at all times, and the Big Cypress Preserve is very
conscious of it, is public access. Much of our wild lands out there are
Page 29
April 13, 2010
inaccessible to people for various reasons, and most of the time it's
just the lack of a serious attempt on the part of the governing agencies
to allow access. I'm talking to such agencies as water management, as
the Everglades National Park. There's a number of them out there.
But Big Cypress Preserve has met the mark. There is a little more
they could do along the way, but it's an open area that is available for
the general public to be able to access, and I commend you for that,
for everything from not only traditional hunting and fishing,
birdwatching, biking, kayaking. Thank you very much for all that you
do.
MR. WHITE: I'll add one more to that and try not to embarrass
my wife, but we did recently go on a swamp walk out behind Clyde
Butcher's place, and I have to tell you, for anyone who wants to see
what the inside of a cypress dome looks like, it's worth getting wet for,
and it's just another form of access.
Thank you, Commissioner, for your remarks.
CHAIRMAN COYLE: Thank you.
(Applause.)
CHAIRMAN COYLE: Where's our photographer?
COMMISSIONER COLETTA: We'll just have to remember this
moment.
CHAIRMAN COYLE: We'll stage it later, okay?
MR. WHITE: Thank you all.
CHAIRMAN COYLE: It's a beautiful picture.
Thank you very much, Patrick.
MR. WHITE: You're very welcome, sir.
CHAIRMAN COYLE: That brings us to public petitions --
MR. OCHS : Yes, sir.
CHAIRMAN COYLE: -- County Manager?
Item #6A
Page 30
April 13, 2010
PUBLIC PETITION REQUEST BY MR. MIKE MOTW ANI
REGARDING PORT OF THE ISLANDS COMMUNITY
IMPROVEMENT DISTRICT - DISCUSSED
MR. OCHS: 6A is a public petition request by Mr. Mike
Motwani regarding Port of the Islands Community Improvement
District.
MR. MOTW ANI: Good morning. My name is Mike Motwani,
and I have been in Port of Isles community for last eight years. I am
66 years old. I've been in this country for 44 years.
All my hard work during the years had paid me off, and I moved
to Collier County to turn a hotel into assisted living facility maybe. I
bought the hotel with the good vision. I thought if I work hard, I think
I'll be able to help the community and myself in our older age.
Since last eight years, it's nothing but a living hell. I've been
paying to Port of Island community at the rate of close to $120,000 a
year, which nobody should ever pay for anything they buy for
$250,000. And at the same time sometimes it went as high as quarter
million dollars a year.
I've been complaining and complaining -- it's just like water over
the dam -- and nobody is listening.
So when they were trying to introduce a new plant for next ten
more years, I told the community, what is going on? I have Yolanda
here. Her condo is worth only maybe $100,000, and she pays close to
$2,000 on her condo. It's a dinky condo. So people are really
bummed with the money that they are spending without thinking.
It's only maybe two or three people who have been benefited
there. Two people who are maybe putting more and more marinas and
docks, and maybe a new hotel might come up, which will never come
up. At the same time, they've been there 24 years. Five hundred
houses to be developed in 24 years? I can develop two countries for
that, small countries.
Page 3 1
April 13, 2010
And this is height of what they are doing. It's a greed which is
taking over by two companies that have been benefiting. And of
course, attorneys, their attorneys, yes. But two companies are Hole
Montes, which is an engineering company. Yes, it's a local company.
They need to develop, yes, but don't rape the same community over
and over again. Twenty-four years.
And on the top of it, we have Hole -- Severn Trent, which is an
engineer corporation from British (sic). Yes, they need to make
money. But come on. There should be some -- some limits to it.
They are collecting one point -- about 1.3 to $1.5 million a year.
Five hundred houses to spend 500 -- $1.5 million? There has never
been a road improvement, any lights or even sewage. I mean, our
sewage, even last week, was backed out up to the rims, and I had to
call them. And all the time they tell me, oh, it's your tough luck. You
should have checked it. Dale always tells me, it's your tough luck.
You should have checked it before you bought the building.
I'm paying quarter million dollars for no more than -- amount of
water I use is no more than average house would be using because
there's no development on that site on the north side. And the whole
community's been developed. There's nothing left in the community
to be developed. But every time -- they always come up with the new
and new ideas by putting more expenses on our site and on the poor
community.
I was able to collect more than 200 signatures within one day
after we received the letter that they were trying to get a new
treatment plant again, or expand the treatment plant. Expand the
treatment plant? Where were they when they bought the original
treatment plant? Were they ignoring and not knowing what they were
doing? We spent $7 million on that -- on the bond, and we paid that
bond off.
They were able to -- originally there was a marina and a hotel.
Hotel had two sections. One was north side, one was the south side.
Page 32
April 13, 2010
The north side development, whole development with a lot of marinas,
where all the funds were commingled between the two properties.
And by developing the marina, at the same time getting the taxpayers
to pay all the condo development and hotel -- I mean the house
development -- a lot of people are losing the houses here, and nobody
can sell the houses. I cannot sell the hotel anymore, because if you are
carrying a tax burden of$150,000, how can you sell?
So every year, I have to end up, go borrow the money from
somewhere else to pay, and every year I get more and more behind.
It's not me. The little condo owners, the small condo owners, they get
two, three years behind. By the time these people buy the certificates
at 18 percent interest, they are really in their debt completely.
Hole Montes -- just to give you example. One Hole Montes
letter can double burden myself in the taxes. When they wrote this
letter, they wrote -- there was 185 hotel rooms. And I -- and each
hotel room has access -- has one-six (sic) ERe. One-six ERC, it
means, one -- six-tenth of one house.
When the hotel is one-sixth of -- or six-tenths of one house and
here is the RV unit, which is .4 -- RV units usually have at least three
to four people living year-round, and three to four people living
year-round will definitely consume more than a hotel room, which is
sometimes occupied, maybe not occupied sometimes.
My last year water bill, like I told you, was no more than house
bill. A house bill -- and then suddenly Hole Montes -- showing them
having only 85 -- only 85 hotel rooms on the water side.
When -- I told the engineers, there's no way you got 85 units.
Here I list this from the Collier County showing they have 99 units,
and every folio is written, all 99 units.
So oh, no, they say, some of them are a reference. They're not
really -- so I took one reference just for the heck of it, and I was able
to come, this reference -- excuse me -- which happens to be Yolanda's
apartment, and it's showing like a zero. Here it is, a number
Page 33
April 13, 2010
68310000981, Apartment E165. They're showing as a 00 -- 00
reference. That's pulled from the Collier County tax break (sic).
Yolanda is -- here it is, same, Collier County, and it's showing that her
taxes last year were $2,667. And 2000 -- I'm -- of course, it's 2008
(sic) -- '7, which was paid in 2008. These are the kind of taxes we are
paying. And she bought the condo for no more than $45,000. It's
showing right there, 33,000.
So it's totally misguiding and misrepresenting people on the
benefit of only two people and two people (sic). And I would say that
-- and here it is, another Hole Montes graph. Remember that
$100,000 we were talking about on stock market? At that time he
drew this picture, this water demand is going to be 450,000 gallon a
day. People take a shower no than five to 10 to 15 gallon a day; 500
people would be 7,500 gallons -- 75,000. Where is it coming from
480,000? There's no way. I mean, total unprojected. That's why
they're trying to put a new water treatment plant. We don't need new
water treatment plant. We want to stop the water treatment plant.
Finally, now they're saying it's a mistake that they made last year,
and it should not be dissolved. I don't know where they're coming
from. The Naples Daily newspaper, Naples, January, 2009, clearly
showed Port of Island to be dissolved. Where were they at that time
that they didn't know it needs to be dissolved? Why didn't they object
at that time?
So when I got 200 signatures, I ran to Commissioner Coletta --
thank you, Commissioner, for meeting me. On February 16, the
commissioner told me, Mr. Motwani, you go put it in front of the
agenda, and I will see how we could support you.
N ow we have already been done in -- they've already been
dissolved. Please don't put them on back. And they are saying --
today we have being told the dissolution of CID was a scrivener's
error. The definition of scrivener's error is a legal principle that the
map drafting or typographical error in a written contract may be
Page 34
April 13, 2010
corrected by oral evidence. If the evidence is clear, convincing, and
precise, if such correction caused a scrivener's error, affected property
rights, then it must be approved by affected -- buy it (sic). And I beg
to differ, CID -- can I have one minute, please?
CHAIRMAN COYLE: No, no. Your time has expired.
Now, County Attorney, can you explain to us what is going on
here?
MR. MOTW ANI: It's been dissolved, but --
CHAIRMAN COYLE: Your time has expired, sir.
MR. MOTW ANI: Okay.
CHAIRMAN COYLE: Okay. Just a moment. Let us try to
answer some of your questions, okay?
MR. KLATZKOW: I think I heard two issues out of that. One
issue is that the community improvement district was dissolved. It
was not dissolved. This board does not have the power to dissolve
that. It was included among a number of different MSTUs that was
inactive, and it was simply an error, you know, to put that into the
hopper. The board couldn't dissolve it if it wanted to. So at the end of
the day it was a nullity.
The second issue is that, I understand, he's concerned about the
new water treatment plant. My understanding -- again, the attorney
for the district, Daniel Cox is here, if you have any questions for him.
My understanding is that the Florida Department of Environmental
Protection is requiring that the water treatment plant be upgraded, and
that's the reason for the additional bonding assessments.
My further understanding is that the assessments aren't going up
as a result of that. They're just being continued. Those are the two
issues I think I heard.
CHAIRMAN COYLE: Okay.
MR. OCHS: Commissioner, if I might just hitch a ride on the
county attorney's comments. I think it's important for the public to
know that this particular improvement district is governed by
Page 35
April 13, 2010
members that are elected by the improvement district area and they're
not appointed by the board. This district was established initially
based on a petition from the owners of that area who asked for this
improvement district to be created. So this is not the Board of County
Commissioners that had created this issue, and I think that needs to be
put on the record.
MR. KLA TZKOW: Yeah. And deferring to that, it's almost --
this is a form of local government. It's almost akin to somebody
complaining about their City of Naples taxes to you. I mean, the
complaint really needs to go to the board of supervisors here and --
CHAIRMAN COYLE: Not here.
MR. KLATZKOW: Not here.
CHAIRMAN COYLE: Board of supervisors in Port of the
Islands.
MR. KLATZKOW: Port of the Islands, yes. And it's a political
issue because it was a policy decision they made. And the way to
resolve political issues is to get your candidates on that board. My
understanding is that there's an election in November, and there are
two openings for that.
CHAIRMAN COYLE: Okay. Commissioner Coletta wants to
ask some -- a question or make a comment.
COMMISSIONER COLETTA: Well, I think we've pretty well
covered it. So the Collier County Commission doesn't have a play in
this. This is -- the residents themselves have total control of this
district. We don't have any oversight, period; is that correct?
MR. KLATZKOW: You've got the ability under the statutes
that, if you're petitioned by the residents, to establish an oversight
committee. It's only really to make recommendations at the end of the
day. But at the end of the day, the power with the district lies within
the people who live there.
COMMISSIONER COLETTA: Okay. But let's go back on this
oversight committee you're talking about, sir. How is that done? Is it
Page 36
April 13, 2010
done with the petition he came forward now (sic)? Because, I mean, if
they got 200 signatures on a petition -- or is it a special petition?
MR. KLATZKOW: I think they need to come to the board with
a special petition saying that they want to establish an oversight
committee. They're going to have to give hard issues why they want
it. There are certain criteria in the statutes that the board can look at,
including whether or not these -- whether or not it's being
economically run properly. But I haven't seen any evidence that
there's anything going on at this district that's out of the ordinary.
COMMISSIONER COLETTA: Okay. So the avenue as far as
the oversight committee, to be able to look into this, it has to be based
upon something that would -- that would be jurisdiction over it, or just
the fact that you've got a number of residents that are unhappy? What
does this do, call for a special election?
MR. KLATZKOW: No. I think you need a -- you would need a
number of unhappy residents pointing out why they're unhappy, you
know, the specific reasons, based on the criteria in the statute. We
don't have anything like that here.
And then the board could determine whether or not it warranted
it. This is an exceptional process. This is when you basically have a
community district that's out of control. I don't see anything here
that's out of control. They're under an FDEP order to get this done.
They're complying with that order.
COMMISSIONER COLETTA: Okay. Other than that, is there
an avenue through the court system they can reach out and try to
remedy this?
MR. KLATZKOW: Yeah. You can always -- you can always
go to the court system if that's what you want to do. But their real
remedy, their true remedy is just like the remedy the people of Collier
County have with this board. If people disagree with this board, you
can vote for new commissioners. If people disagree with the
community improvement district, well, that's fine; get new board
Page 37
April 13, 2010
members for it. That's the remedy.
CHAIRMAN COYLE: Let's make sure that we understand. The
board members for this community improvement district are your
residents, the residents that live in Port of the Islands. They're not
here.
So if you're dissatisfied with what the board is doing, you should
go to the board of the CID in Port of the Islands. And when the time
comes to vote for two positions in November, you run your own
candidates and you get them placed on the board, right?
MR. KLA TZKOW: Yes.
CHAIRMAN COYLE: There's nothing we can do to intervene
in the operation of your community improvement district board. They
are your neighbors who are making the decisions that you are
complaining about. It's not us.
MR. MOTW ANI: This commission had dissolved, even though
he's saying they --
CHAIRMAN COYLE: No.
MR. MOTW ANI: -- didn't have any power. All 13 communities
were dissolved last year. It's not only one. It was all of them were
dissolved. So we cannot put one back that, oh, it was a mistake. I
don't think that's right.
CHAIRMAN COYLE: I don't think you understand what the
county attorney just told you. Okay.
Commissioner Halas?
COMMISSIONER HALAS: Yes -- and I think the other
problem here is that the State of Florida has put this water system
under a consent order because it doesn't meet the standards so,
therefore, the people that live in this community, whether you like it
or not, you're going to have to address the issues in regards to this
consent order.
And I think -- my understanding from what I read in this here --
is that the people that run that plant are in the process of getting a
Page 38
April 13, 2010
bond to -- whereby they can make the necessary improvements so that
the -- they can become compliant with the standards set forth by the
State of Florida.
So I'm not sure -- if you're looking for the county to take on this
-- this problem, I don't think that's really going to happen, not in this
climate.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: Who is Gopal?
MR. MOTW ANI: That's -- my name is Gopal. My nickname is
Mike.
COMMISSIONER HENNING: Okay. And you're a candidate
for this CIn on the ballot?
MR. MOTW ANI: Yes. Finally I just put myself on the ballot in
case, you know -- but I definitely want this to be --
COMMISSIONER HENNING: So you want to dissolve it, but
you're a candidate for this CIn.
MR. MOTW ANI: I put myself as a last resort.
COMMISSIONER HENNING: Well, good. I wish you well.
MR. MOTW ANI: Because then I can control the expenses and
the costs that they are overthrowing (sic) and ripping people off.
CHAIRMAN COYLE: Okay. Well, let's just make it absolutely
clear. Your disagreement is with this community improvement district
that exists in Port of the Islands. It is not the Board of County
Commissioners.
MR. MOTW ANI: There is -- there is two requests could be
made end of it. One could be, it could be on -- directly on assessed
valuation, and they can still get that money. If they go by the assessed
valuation, 5 to 6 cents on a dollar, on 153 million to $160 million
assessment for the Port of Island, if they get a nickel on that, still to --
or to 8 cents, 6 cents, they will still get 1.5 million, 1.4 million. And
they don't need that kind of money to be getting from small people
and small hotel owners, that kind of a money. It does not justify. It
Page 39
April 13, 2010
was total unjustification.
So I have proposed them, given them that kind of the proposal,
that -- let's go with the mill factor now. Twenty years is enough.
COMMISSIONER HENNING: Okay.
CHAIRMAN COYLE: Okay. Thank you very much.
Is there a motion to consider this at a future hearing?
COMMISSIONER COLETTA: Consider what?
CHAIRMAN COYLE: Well, consider his petition.
COMMISSIONER FIALA: It's not something we can do.
CHAIRMAN COYLE: That's right. Well, okay. So there's no
motion. Thank you very much.
Item #6B
PUBLIC PETITION REQUEST BY MR. MICHAEL K. CORRADI
REGARDING ZONING AT AIRPORT ROAD/ORANGE
BLOSSOM INTERSECTION - DISCUSSED; PETITIONER TO
WORK WITH STAFF AND BRING BACK ITEM AT A FUTURE
BCC MEETING
MR. OCHS: Commissioner, Item 6B is a public petition request
by Mr. Michael K. Corradi regarding zoning at Airport Road and
Orange Blossom intersection.
MR. CORRADI: Good morning, Commissioners, and thank you
for this opportunity.
Back in 2006 there was eight property owners that were coming
through some form of rezone or GMP amendment on their property.
And the intersection that they were going to affect was the Airport
Road/Orange Blossom intersection. And at the time there was eight
property owners in this area that were responsible, based on the
language that was drawn up, for a one-eighth share of the construction
drawings for the intersection for improvements.
Page 40
April13,2010
What I'm proposing today to -- since the economic times have
changed a little bit and not all eight property owners are able to come
forward, what I'm trying to propose is a path of progress.
And I'm proposing today -- I have a buyer who came (sic) down
from St. Petersburg that's looking to do -- looking at doing an
Alzheimer's facility. And what we're proposing is, if it's possible, that
we would come up with 50 percent of those funds. Hole Montes has
done an estimate that the construction drawings would cost 163,000.
What I'm proposing is that we would come up with 50 percent of
that, and then the other one-half would come up with assistance
possibly from the transportation department or from Collier County in
some direction. And we're not asking for free money. It's just an
assistance to get these construction drawings so that we could move
forward and bring an assisted living facility to Collier County that
would also pay somewhere between $500,000 and $1 million in
impact fees and create high-skilled jobs and also have a tax base -- an
annual labor cost of $1.2 million and also increase the tax base.
So really what I'm looking for today is some kind of direction.
I've met with Jeff Klatzkow. I've met with Nick Casalanguida, and
we're really just looking for some kind of assemblance and
coordination for this intersection that we could move forward and
really just develop a piece of property that we own. And we're
looking for some direction from county and staff today.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yes. I think just about
anything's possible. Of course, you've got to realize the county's
ability to be able to finance this out of pocket is very limited at this
point in time. However, with that said, you know, why shouldn't you
be able to proceed if you could pay your fair share to what the
improvements would be?
What I would recommend, and I hope my fellow commissioners
agree, is that we send this back to Nick and -- Nick Casalanguida and
Page 41
April13, 2010
Jeff Klatzkow to have them work with you to see what is possible that
will not impede upon the county's limited funds right now to allow
you to be able to meet the need out there, your share of it, and be able
to go forward. That's what I would recommend.
CHAIRMAN COYLE: Yeah. If I could, Commissioner Halas,
let me just make an observation here; maybe we can cut to the bottom
line.
Right now there is no need to improve that intersection. There is
adequate capacity at that intersection right now. But your obligation
under the Growth Management Plan is that you won't start
development until the intersection is improved, but the intersection
doesn't have to be improved now because of circumstances beyond
your control and our control.
So why would either of us want to spend the money improving
the intersection now? Commissioner Coletta is correct, there ought to
be a way that you could either post a bond or something else for your
fair share of that intersection at such time as the improvement is
necessary. When the other seven people are good to go, you will have
committed the payment of your fair share, and that should permit you
to move ahead without having to improve an intersection that doesn't
need to be improved. Does that make sense?
MR. KLATZKOW: Well, it makes sense, but you still can't do
it.
CHAIRMAN COYLE: Why not?
MR. KLATZKOW: Because, unfortunately, when they came
forward a few years ago to amend the GMP, our situation was
different, and it was a requirement that before a building permit issues,
that these improvements commence. They would be in direct conflict
with the GMP if they got a building permit without it being
commenced.
CHAIRMAN COYLE: Was there anything that said you had to
complete the improvements to that intersection before he begins?
Page 42
April13,201O
MR. KLATZKOW: Before he can get a Certificate of
Occupancy, it must be completed. They -- I don't know what to tell
you. They wanted to increase density, and this was the tradeoff for
the increased density right into the Compo Plan.
CHAIRMAN COYLE: So legally there is nothing that can be
done here?
MR. KLATZKOW: Other than amending the Compo Plan.
CHAIRMAN COYLE: And that's going to take a year or more?
MR. KLATZKOW: That will take about a year.
CHAIRMAN COYLE: And that's crazy.
MR. KLATZKOW: Well, that's what it is. I don't know what to
tell you. You can't have any development order that's in conflict with
your Comprehensive Plan.
MR. CORRADI: Jeff, I thought when we had spoke you thought
that there was some way in there that actually there could be
something done, like the north leg of the intersection that would --
MR. KLATZKOW: Well, I didn't say the whole thing had to be
done.
MR. CORRADI: Okay.
MR. KLATZKOW: Okay. But I do think that you need to take
care of some of the problem or some of the intersection work that --
your fair share, as it were.
MR. CORRADI: You know, here's another --
MR. KLATZKOW: If! may say, I think Nick and I -- Nick and I
have talked, and we've talked to, you know, the developer here, and I
think we can come back at a future board meeting on executive
summary with a proposal. Now, whether or not the board wants--
would like that proposal, I don't know, but I do think there's a business
resolution for this. Whether or not it's something that the county will
agree to, I don't know.
CHAIRMAN COYLE: How quickly could you do that?
MR. KLATZKOW: Well, Nick and I are pretty fast. You'll get
Page 43
April 13, 2010
it within two meetings.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: Yeah. I've got some real concerns.
Knowing that basically you were an investor, you brought forth the
people that wanted to get into a consortium to develop this intersection
and, of course, the economic times collapsed. And this board didn't
have anything to do in regards to the collapse of the economic times. I
bought stock on the stock market and obviously lost my shirt.
But I think that when you signed up to this, you made a
commitment to the taxpayers here in regards to what was going to be
accomplished to address the issue of added density. And the people
here in Collier County, the taxpayers, look at us as making sure that
we take care of the average man in regards to impacts that are going to
be addressed on our road system.
So I think that there's been some discussion here on this board
this morning whereby either you or the person who is interested in
buying this property can put up a bond to take care of your portion of
this or to make the necessary improvements at that particular
intersection, which would be on the west side, I think, of Airport Road
and Orange Blossom. So -- I believe that's where your property's
located.
So basically when you hired an attorney and you came before the
board and wanted to have a Growth Management Plan change, you
made a commitment to not only us, but you also made a commitment
to the citizens of Collier County in regards to making sure that, with
the added density, that there was going to be things that were going to
be taken care of in the -- at the time that you were going to start
construction.
MR. CORRADI: Can I ask a question? How about if I was able
to take the property actually back to the original use, what it was? Is
there a possibility of doing that, Jeff? Because really the use that I'm
trying to do is a total downgrade, and it really was before I even went
Page 44
April 13, 2010
through this GMP amendment that it basically was a land use that I
could use with an assisted living facility underneath the conditional
use. Is there a possibility of going in that direction?
MR. KLATZKOW: Only if you amend the Compo Plan.
MR. CORRADI: Only if I amend the Compo Plan. Okay.
CHAIRMAN COYLE: Could I ask ifthere's -- there are enough
nods on this board to ask the county attorney and the county manager
to get together to see if they can find a resolution to this issue that is
acceptable and get it back to us as quickly as possible? I mean, it
really is just crazy to hold you up on either selling your business or
selling your property and also for the developer to do something with
it. It just is crazy to hold it up.
MR. CORRADI: I want to make a quick little note too -- excuse
me. But I have Chuck Wills here who's an Alzheimer's developer and
has currently three locations, looking to bring one here to Collier
County. This is a 7-, $8 million project that he's looking to bring to
Collier County. He could go to other counties. We're just trying to
get through this intersection so he can bring over 50 jobs and have a
payroll a million-two. And we're just trying to create jobs. So if we
could find some kind of assistance in some direction, that would be
great.
CHAIRMAN COYLE: Well, I think we have enough nods on
the board to provide that direction to the staff and come back to us as
quickly as possible with some reasonable thing that is legal and makes
sense to the board.
Okay. Commissioner Halas?
COMMISSIONER HALAS: Yeah, just so long as the obligation
is addressed and that we make sure that we -- make sure that we take
care of the rest of the citizens in this county so that we don't impact
them at this particular intersection. That's my biggest concern, after
the promises were made and we approved the GMP.
CHAIRMAN COYLE: Okay. I think staff has their guidance.
Page 45
April 13, 2010
MR. OCHS : Yes, sir.
MR. CORRADI: Thank very much for your time, gentlemen.
Thank you.
CHAIRMAN COYLE: Okay, thank you.
MR. OCHS: Mr. Chairman, you have a 10:30. Would you like to
take a short break before your time certain?
CHAIRMAN COYLE: Yes, I would, yeah. We'll be back here
at 10:35.
MR. OCHS: Thank you.
(A brief recess was had.)
CHAIRMAN COYLE: We have live mikes, County Manager?
MR. OCHS: Yes, sir, Mr. Chairman.
CHAIRMAN COYLE: We're all set, okay.
Item #12A
RESOLUTION 2010-76: THE COUNTY ATTORNEY IS
PRESENTING TO THE BOARD A REQUEST BY THE COLLIER
CHILDREN'S TRUST PROPONENTS POLITICAL COMMITTEE
TO ADOPT A STATEMENT OR RESOLUTION IN
FURTHERANCE OF HOUSE BILL 511 AND SENATE BILL 1162
WHICH, IF ENACTED, WOULD CREATE A MECHANISM
WHEREBY COLLIER COUNTY CITIZENS COULD ESTABLISH
A CHILDREN'S TRUST AS AN INDEPENDENT SPECIAL
DISTRICT. A STATEMENT OR RESOLUTION IS REQUIRED
BY SECTION 189.404(2)(E)(4), FLORIDA STATUTES, AND IS
INTENDED TO CERTIFY THAT THE PROPOSED DISTRICT IS
CONSISTENT WITH APPROVED LOCAL GOVERNMENT
PLANS AND CONFIRM THAT THE LOCAL GOVERNMENT
HAS NO OBJECTION TO THE CREATION OF THE DISTRICT -
ADOPTED
Page 46
April13,2010
MR. OCHS: Yes. We have a 10:30 time certain. That's Item
12A. County attorney is presenting to the board a request by the
Collier Children's Trust Proponents Political Committee to adopt a
statement or resolution in furtherance of House Bill 511 and Senate
Bill 1162, which if, enacted, would create a mechanism whereby
Collier County citizens could establish a children's trust as an
independent special district.
A statement or resolution is required by Section 189.404(2)(e)(4),
Florida Statute, and is intended to certify that the proposed district is
consistent with approved local government plans and confirm that the
local government has no objection to the creation of the district.
County Attorney?
MR. KLATZKOW: Yeah. And your presenters will be the folks
who are involved with this effort of the trust, Mr. Grant and Mr.
Horton.
MR. GRANT: Thank you, Commissioners. My name is Dick
Grant, for the record. I'm a member of the Collier Children's Trust
Proponents Political Committee and a local attorney.
I'm going to be very brief. And just tell you the legal
significance of what I believe you're being asked to do here today, and
if I'm incorrect or overstated, Mr. Klatzkow will correct me.
And then following me, Mr. Horton, who's the chairman of the
committee, will have some brief remarks, and Mr. Sorey.
The Statute is a local bill the local delegation has introduced
within the legislature. And legally, under another Florida Statute, in
order to have it approved, it has been determined by the House legal
staff that it is necessary to have the County Commission make the
statement that Mr. Ochs just told you, that the creation of this district,
if ever done, would not be inconsistent -- or would be consistent with
local government plans and there would be no objection to it.
The House committee that has had this bill assigned to it reported
it out favorably last Thursday subject to receiving a statement from
Page 47
April 13, 2010
this board. And the bill, if enacted into law this year, would be only
an enabling act, which would mean that it would be on the books. It
would not create or impose a tax. It would not create a children's
services trust, and it would not mandate or call for a voter referendum
to do that, but rather it would be on the books.
It would be available as a tool. Some group could come to you
some day, perhaps our group, perhaps another group, and ask you to
consider having a children's trust created, in which case you could
determine to entertain that, determine, if you did, that it would go -- be
put on a ballot item at an election, primary or general election
sometime, and the voters would get to decide whether or not they wish
to do it.
And basically that is all that this special act does, and all that
you're being asked to do today is adopt a statement that it would not
create something inconsistent with local government plans and would
not be objectionable. And essentially that's it.
And I'm going to let Mr. Horton come up here and give you a
quick overview of what our group is about and why we've brought this
about, and Mr. Sorey will have some comments too, and we'll all be
brief.
And I would ask that if -- and I don't know if there are people
that are against this or not. If they are, if we could have a few minutes
at the end, perhaps, to rebut anything.
CHAIRMAN COYLE: Okay. Thank you very much, Mr. Grant.
MR. GRANT: Okay. Thank you.
MR. HORTON: Good morning, Mr. Chairman. My name's
Alan Horton, and I am the chairman of the Collier Children's Trust
Proponents Political Committee.
And just for a little background, there are several other members
of our political committee here; Tom Schneider, our treasurer; Mike
Reagen, one of our members; and Vice-mayor Sorey from Naples.
Not here is -- from the political committee, is Ned Sacks (phonetic),
Page 48
April 13, 2010
who's traveling today. There are a number of others who are on our
larger 25-person committee. And I see Arlene Nichols here and some
others. We have some friends from the League of Women Voters who
have decided to be here today, too, and we're very much -- very
grateful.
We've been looking at this issue for the last four years, and
mostly studying children's needs. And we have thought that we
needed a better tool than current law provides, and that better tool is
better for two reasons. Number one, it would have a sunset clause
and, number two, it has better governance, it has a -- instead of a
ten-member board as the current statute requires, it would have a
15-member board. And on -- among those 15 members, all locally
appointed, no gubernatorial appointees, as current law would require.
The proposal that we would ask to be put in the toolbox and what
you're here today to say you would have no objection to would allow
for five appointees, one from each County Commissioner district out
of the 15 and one member of the Board of County Commissioners
would also be on the board of trustees of this organization.
And, again, as Mr. Grant said, what you're not here today to do is
to endorse any specific proposal, to put anything on the ballot. As a
matter of fact, our group had planned to come back later in the year
with a proposal that we -- that we asked for, the children -- the
children's trust issue to be put on the ballot in August of this year with
a quarter mill tax, which would raise about $15 million, and we've
decided that we're not ready to do that, and we're not ready to do that
because the process of getting our local bill approved by the
legislature has been far more complicated and difficult than we
expected.
And I'm sure you-all are experienced with that. And this is our
first first-hand experience with it.
So I just want to underline something Dick said. Time is of the
essence. The legislative session will be ending in a little -- less than
Page 49
April 13, 2010
three weeks, a little more than two weeks. The -- we've had a
favorable report from one committee. But before this bill can go any
farther, it needs this statement from you. Ifwe do not get that
statement from you-all that this is -- that our proposal is consistent
with local plans and that you have no objection to it, if we don't get
that statement, the bill will die and this tool will not be in the toolbox.
That's not to say that if you do come up with a statement today,
that the legislature will then pass it. So far things look good, but it's
far from certain.
Again, remember that our proposal has something current law
doesn't, a 15-member board versus ten with no gubinatorial
appointees, and we provide for a sunset clause, which means five to
seven years after it passes, if it ever passes, it would have to go back
to the voters to get a second bite at the apple. We think that protects
the voters, and it's a win-win for the taxpayers and for the -- and for
the county.
So with that, I think I'd like to ask John Sorey to make a couple
of comments, and I'm going to avoid what I usually do --
Commissioners Coyle and Fiala know me for a long time and know
for me to be crisp and brief is almost impossible, but so far I've done
it.
John?
MR. SOREY: I'll get the hook and get him out of the way.
CHAIRMAN COYLE: Yeah. We'll put John on the clock
though.
MR. SOREY: Mr. Chairman, fellow commissioners, for the
record, John Sorey.
And as we have discussed with you in various meetings over the
last couple years, this issue, this product that we're talking about that
we're trying to get passed as a local bill is a product of our
communication.
And to focus on the issue here today, what we're asking you to
Page 50
April13,20l0
approve is the fact that -- to meet the technical glitch that the
legislature has come up with not approving the bill, not raising the
taxes, so we would respectively request that you support an ability to
move this legislation forward. Thank you.
CHAIRMAN COYLE: Do we have any public speakers?
MS. FILSON: We have ten.
CHAIRMAN COYLE: Ten public speakers?
MR. SOREY: I think we're going to waive most of them.
CHAIRMAN COYLE: Okay.
MS. FILSON: Some of them have already spoken.
Richard Grant?
MR. GRANT: Waive. I spoke.
MS. FILSON: Alan Horton?
MR. HORTON: Waive.
MS. FILSON: John Sorey?
MR. SOREY: Waive.
MS. FILSON: Tom Schneider?
MR. SNYDER: Waive.
MS. FILSON: Mike Reggie?
MR. REAGEN: Reagen, waive.
MS. FILSON: Reagen. Oh. There's no N here.
CHAIRMAN COYLE: Mr. Reggie.
MS. FILSON: Linda -- Linda (sic) Galton?
MS. GALTON: Lydia. No, I don't waive. I'd like to speak.
MS. FILSON: Alan Korest?
MR. OCHS: No. She wants to speak, Sue. Sue?
MS. FILSON: Arlene -- oh, okay.
MR. OCHS: This lady wants to speak.
MS. FILSON: What was your name, ma'am?
MS. GALTON: Lydia Galton.
MS. FILSON: Oh, okay. Come up. Go ahead. She'll be
followed by Alan Korest.
Page 51
April13,201O
MR. KOREST: Waive.
MS. FILSON: Arlene Nichols?
MS. NICHOLS: I waive.
MS. FILSON: Chuck Mohlke?
MR. MOHLKE: I waive.
MS. FILSON: And James Smith?
MS. GAL TON: Thank you. Good morning, Commissioners.
My name is Lydia Galton. I'm the president of the League of Women
Voters, and I represent approximately 150 voters.
The League of W omen Voters of Collier County supports the
concept of a children's trust to provide funding for the unmet needs of
children in our community.
While the Naples Wine Festival has generously provided for our
children in the past and will most likely do so in the future, we believe
that a formally structured children's trust would provide important and
needed community control and oversight.
We ask the commissioners to please cooperate with the children's
trust in eliminating the glitch that will keep this important issue from
going on the ballot and letting the voters decide whether a children's
trust is in the interest of this county. I thank you.
CHAIRMAN COYLE: Thank you very much.
MS. FILSON: And your next speaker is A. James Smith.
MR. SMITH: This is my first appearance. I'm not sure -- I have
three minutes?
CHAIRMAN COYLE: Yes, yes. Unless you have something
bad to say, and then we cut you off at one minute.
MR. SMITH: Oh, unless you ask me a question, then I can keep
going?
CHAIRMAN COYLE: Sure, sure.
MR. SMITH: The way things stand right now is that we have
one group of citizens -- one group of citizens in the county who,
through their generosity and benevolence, are supporting the children's
Page 52
April13,2010
services situation. What -- and we're groups -- we can consider
another group of citizens, and a third group, which probably embraces
all of us, look on very favorably of what the first group is doing to
make things easier for the second group.
But now we're going to take a situation where we're going to say
that we, the third group, think it's appropriate for us to force other of
our members to support this if they don't want to. And I think that's
going to set -- that is a very, very bad precedent to set or to continue.
In fact, there's be -- the way I read the potential legislation, it's
not going to fall on the taxpayers. It's going to fall on a subset of them
called the property owners. Not only that, it's going to be done on a
millage basis which means that the people whose property is worth
more will be paying more. If anything, if it is decided that this ought
to be done through a taxable situation, I think, one, the property
owners ought to get a chance to vote on it per se, and if not, that it
ought to be per property, not for -- not -- you know, not on a pro rata
basis where we'll have another case of those who have invested more
of their savings and earnings into Naples, being asked to -- being
forced to contribute more.
That's my message.
CHAIRMAN COYLE: Okay. Thank you very much, sir.
MS. FILSON: And that was your final speaker, sir.
CHAIRMAN COYLE: Okay, thank you.
Now the commissioners have some questions or comments.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. First of all, I like the fact that
we can take this to the voters and let the voters make the decision.
We're not making it for them. This just gives the approval to take it to
the voters, in my opinion, and I believe that that's correct. We're just
saying to the legislature, you know, we approve if you want to take
this to the citizens.
Here was something though. We've gotten a few -- quite a few
Page 53
April13, 2010
letters on this, and I got a couple interesting letters. And I would hope
that as you move forward with your committee you think about this,
take it into consideration -- I'm kind of glad you're not going to go in
August, because there's a lot of things to do yet -- and that is, one of
the individuals, actually two different individuals, were talking about
the agencies in Collier County who already serve children. And they
said, will the people, if they vote for this, will they feel now, I've taken
care of my obligation, I don't need to support them anymore. This tax
will do it, and they will stop giving.
And what they're worried about is all of those agencies who serve
the children now, will they not get the don- -- and they live on those
donations -- will they now lose those donations.
So as you're deliberating and working through this, that might be
something to address, because that -- that was -- that was a profound
statement, in my opinion. I am going to vote for this though, so I'll
just tell you that.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: I have some concerns. It says in
your statement, you said, children's unmet needs. Could someone
basically tell me what unmet needs we're talking about here? Could
somebody address that from the committee? I'd appreciate that.
MR. HORTON: Commissioner Halas, there are lots and lots of
studies, including the most recent one of which was the -- I don't know
if you remember, but in 2006, the Wine Festival group, the NCEF,
released a report called the Lastinger Study, Lastinger Center Study,
and it showed what the needs are versus what the actual services
provided are, and there were significant gaps, and that's what the Wine
Festival has been trying to address.
COMMISSIONER HALAS: I need to be specific.
MR. HORTON: Well, I'm going to do that. I'm just -- I'm just
setting the stage. We just recently had that study updated in part, and
we just got a draft of the final results. And Mr. Snyder will give you a
Page 54
April 13, 2010
couple headlines.
MR. SNYDER: Commissioners, this is the report that Allen was
talking about. Some of the highlights that come out of that is, first of
all, that today there are 35 percent of the children below 18 years old
who are living at or below 200 percent of poverty level, and that
would equate to, for example, a family of three living on $35,000 or
less; 57 percent of the children in the school district now, 57 percent,
qualify for the free or reduced lunch program. That's up 9 percent in
the last five years.
So -- and today, 34 percent of the children in Collier County lack
health insurance, which is two times, double the number of 17 percent
reported five years ago.
And they've also pointed out that in this past year, 27,000 of the
80,000 children 18 or below received emergency room -- primary
medical care from an emergency room last year alone, and almost one
out of four children from zero to five -- that's estimated to be 5,000 out
of the 20,000 children that are from birth to five years old, lack access
to affordable childcare -- child early learning services, and a third of
the elementary and middle school children in Collier County today
lack access to an after-school support program. And they also
mentioned that fully 50 percent of children with a diagnosable mental
disorder lack access to mental health services.
Those are just some of the examples that are highlighted that --
despite the $75-plus million over the last seven years that the Wine
Festival has poured into this county. And we have met with them
recently, and they agree with us, that despite all of their efforts, the
gap is still growing.
COMMISSIONER HALAS: My concern is, I believe there was
a healthcare package that was passed this particular year up in
Congress and the Senate where healthcare needs for children was
supposed to be taken care of immediately.
MR. SNYDER: It's my understanding --
Page 55
April13,201O
COMMISSIONER HALAS: Okay. So that -- if that's the case,
then why should we be taxing the citizens to have additional
healthcare if this is going to be taken care of by the federal
government, which we're going to be taxed again to take care of this?
MR. SNYDER: Well, if that is going to happen. I believe
nothing is really happening, except spread out over the next five years
at the federal level.
COMMISSIONER HALAS: It said the immediate healthcare
needs were going to be taken care of for the children.
MR. SNYDER: Yes, go ahead.
MR. HORTON: Commissioner, the purpose that we would -- if
we would go to ballot at some point in the future, the language in our
special bill says, quote, to provide for such early childhood
interventional, preventive, developmental treatment, and rehabilitative
services for children as the trustees determine are needed for the
general welfare of the county.
We're not focusing just on healthcare. We're focusing on early
and enriching childcare. We're focusing on early intervention and
prevention when whatever problems are discovered among children.
We're focusing on making sure children are ready for school.
Yes, there are plenty of programs out there, but a good example
is early childhood, the VPK, the pre-kindergarten program. Only
about half the kids who are eligible for that are actually participating
in it.
So, I mean, there are a lot of gaps out there. We could go on
forever, but I want -- I just want to underline, we're not -- you're not
deciding today to endorse a particular proposal. What you're deciding
today is that there can be another tool in the toolbox in state law that at
some future time somebody could use that tool, come back to you and
ask you, and then you can ask all the kinds of questions you're asking
now, and decide whether or not to put it on the ballot. And then, if
you do put it on the ballot, it's up to the voters to ask all their questions
Page 56
April13,2010
and see if they're satisfied to decide whether they would vote for it.
COMMISSIONER HALAS: I also have some concerns. We
have the United Way here, which an awful lot of people step up and
do the right thing. Are we going to put the United Way out of
business?
MR. SNYDER: Commissioner, I have just resigned, or finished
my two three-year terms as a board member of the United Way,
effective December 31. I've been very active with the United Way for
the last six years. And Ernie Bretzmann, who is the president of the
United Way, is a member of our group of25, and he fully supports
everything we're doing. Absolutely no way are we ever going to put
the United Way out of business.
COMMISSIONER HALAS: Okay. The other -- my last concern
-- and this is just my own personal observation -- is when -- in this
particular time that we're here looking at something as a vehicle to
raise taxes, I got a real problem with that.
So I can tell you that I can't vote for this. It's got the vehicle to --
where you're going to expand the governance of this board from ten to
15, where you're looking for up to .5 mills. I'm sorry, but I just -- I
just can't do it.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: There's two places that I find
special districts of this nature, 125 and 189. Which one is the
legislators considering? Or is it hybrid?
MR. HORTON: I'll answer the question as best I can,
commissioner. Chapter 125, Section .901, is a general state law that
allows any county in the state to create a children's services district, a
children's services council, but it also says that it is not -- it does not
prohibit or bar the creation of one by special law. There are some
counties that have children's services council that exist by virtue of
special or unique laws for those counties.
And so it's a dual system, as I understand it. You can have one
Page 57
April13,20l0
that is created under Chapter 125, or you can have one that exists by
special act.
Chapter 189, which deals with special districts, because either
way you do it, whether it's under Chapter 125 or by special act, if it
ever were created, it would be a special district, there is this
prerequisite in Chapter 189 that was cited, Subsection 404(2)(e)(4) --
I've got it memorized -- which requires the making of the statement by
the Board of County Commission to create a special district. And I'm
not honestly convinced that it's necessary because you're not creating
a special district nor -- a special act, if passed, wouldn't create a
district. It would have simply been an enabling mechanism.
But the House legal staff believes it's better if we have the board
adopt this statement, and that's what they've requested. I'm not sure I
answered your question, but --
COMMISSIONER HENNING: Yeah. Well, let's read the
statement. It's a resolution or official statement of the governing body
or appropriate administration of the local government jurisdiction
within the proposed district is located, stating that their -- the creation
of the proposed district is consistent --
MR. HORTON: Right.
COMMISSIONER HENNING: -- with the approved local
government plan of the local government body, and the local
government has no objection of creating --
MR. HORTON: Right.
COMMISSIONER HENNING: -- the special district.
MR. HORTON: Right, right.
COMMISSIONER HENNING: So the key thing is, and we
really need to touch on it is, what is our plan, and is it consistent?
MR. HORTON: Right.
COMMISSIONER HENNING: Now, I know Commissioner
Halas mentioned that we've -- if this is part of the plan, we've always
supported United Way. United Way always gives to children's needs.
Page 58
April13,2010
The Board of Commissioners have made statements in the past
that we feel that special districts such as South Florida Water
Management District should be an elected body. This is not an elected
body that has taxing authority. Is that -- is that part of our plan? Do
we have a written plan of such nature of -- either a special district or a
children's services district?
MR. OCHS: Is that one for me, Commissioner?
COMMISSIONER HENNING: Somebody needs to say --
because the real emphasis here, if we're asking it because of law, there
should be a statement of, the proposed district is consistent with the
approved local plans.
Well, approved local plans is something that the BCC has
approved. Where's the plans?
MR. OCHS: Commissioner, you have -- the only plan I'm aware
of that focuses at all on this area of community health and human
services would be your board endorsed and adopted strategic plan, and
you do have six strategic focus areas as a part of that plan, one of them
being community health and human services.
There are some major goals outlined in that particular strategic
plan that would relate to this particular issue, I believe, one being that
-- let me read the strategic goal. I'll put it up on the visualizer.
Sir, I'm focusing in on your strategic goal of community health
and human services. This is the primary goal of that strategic focus
area, and then sub goals under there includes improving access to
healthcare services. There's also a reference on the --
COMMISSIONER HENNING: Well, let's go through all that. I
mean, if that's -- this is what we're talking about is healthcare.
MR. OCHS: Well, no. You asked me if there's any plan, and all
I said was the only plan that makes some reference that I'm aware of
to this issue would be through this particular item.
COMMISSIONER HENNING: Correct.
MR.OCHS: It doesn't all have to do with access to healthcare in
Page 59
April13,201O
this particular goal. You're correct, sir.
COMMISSIONER HENNING: Well, do others in here address
-- yeah, it addresses the needs of community growth, senior disability,
youth population, increase the availability of special needs. Boy, that
visualizer just tears my eyes up.
MR. OCHS: Right here. I'm sorry.
CHAIRMAN COYLE: Particularly when it moves around when
you're trying to read it.
COMMISSIONER HENNING: Yeah. So I mean, really, how
can we really consider this without having this kind of backup
material to see if it complies with our plan? And I can tell you, I have
a real problem, being consistent, and I do (sic) support elected
officials spending tax dollars. I think that is very important. And
besides, this special bill does not really address what the children's
services special district is going to do.
And does it take any accountability away from parents? Are we
taking -- I mean, there's -- taking it away and let government do what
parents should be doing. That is a real concern about that. And I
know it said that it takes a village to raise a child, but I truly believe in
parent accountability.
I personally cannot support any kind of statement to the
legislators (sic) today. I think the language in this special act needs to
have a detail of what this should be -- elected body be. And to comply
with statutes, we really need take a look at our plan, mission
statement. I think this is the mission statement, correct?
MR. OCHS: No, sir. This is part of your strategic plan, your six
strategic focus areas, yes, sir.
COMMISSIONER HENNING: Planning. That's all I have.
MR. HORTON: Could I add --
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: I'm sure we haven't heard the
last of this. I received two negative emails, and what surprised me
Page 60
April 13, 2010
was the negativity of these emails and the way they were coming
across so strong.
The way I understand it, the only thing we're doing is just saying
we have no objection, that if you go forward, put it on the ballot, and
it would be the voters of this county who, after a long campaign,
which I know you're all going to work very hard on, would be able to
hopefully convince a majority of them to vote in favor of it.
But once again, it's not going to be the County Commission. The
only thing we would be doing here today is allowing this to go
forward so that in the next year possibly this may be -- or two years
from now, this may be able to go on to a ballot where the public out
there can make that choice.
I haven't made up my own mind how I'd vote on this if it was on
the ballot. I'd need to have a lot of answers made. But one of the
things I do not want to do, I do not want to deny the people that I
represent that ability to make a choice of this magnitude which has
very many positive things along with some things that are some
negativities too. But the choice should be the voters', so I am going to
vote to be able to move this forward, hopefully move it forward.
CHAIRMAN COYLE: Okay. I'd just like to try to pull a couple
of loose ends together here. There's already legislation on the books to
do this, and the legislation that's on the books doesn't provide a
sunsetting provision. It provides for people to be appointed to the
governing board that don't even live in Collier County.
And I think that this new proposal solves some of those
problems. So would you rather have a piece of legislation that has no
sunsetting provision, or would you like to have this piece of legislation
that has a sunset provision? Would you like to have the existing piece
of legislation that would consist of governing board members who are,
perhaps, not even residents of Collier County, or would you rather
have this piece of legislation that will require that they are all
members of the Collier County community? So I think it's an easy
Page 61
April13,201O
choice. This is a better piece of legislation than the one that is already
on the books.
But having said that, it is still up to the voters. And the
difference between our position with respect to the South Florida
Water Management District is that they are a taxing authority that is
not elected. Well, their budget isn't put on the ballot either.
So in this case, in this proposed legislation, it would have to be
the budget, the amount of money, the tax collected, would have to be
approved by the voters themselves. So I think that lends the
advantage of having something that the voters can actually look at and
either accept or reject.
So I think that it's merely a matter of deciding whether or not this
legislative proposal is better than the one that already exists. And then
if the taxpayers feel that it's appropriate to have this program
implemented in Collier County, they can vote on it, and they can tell
us whether or not they want it, and they can tell us how much they
want to contribute to it. And I can't think of a better way of dealing
with the issue.
So it makes a lot of sense to me, and I would like to make a
motion that we approve the statements that are required, that it is
consistent with approved local government plans, sort of just like we
approve all the time things that certify that it is consistent with our
Growth Management Plan. That really means that it's not inconsistent
with it. And in this case, I can't imagine that giving the voters the
right to vote on helping children would be inconsistent with any
government plans that we have.
And the other point is that we have no objection to the creation of
the proposed district. Well, one can be created right now. This
proposal is a better way of doing it. So I think -- I think it's the way to
go. It does not increase taxes. The voters will make that decision, not
us. This is only an administrative decision as to whether or not
helping children conflicts with our plans and whether or not we have
Page 62
April 13, 2010
objection to setting up this district ifthe voters approve it.
COMMISSIONER FIALA: I'll second the motion.
CHAIRMAN COYLE: Okay.
COMMISSIONER FIALA: And then I'd like to ask a couple --
like to say a couple of things.
CHAIRMAN COYLE: Okay. Go ahead, go ahead.
COMMISSIONER FIALA: First of all, Dick, can you tell me,
will we still qualify for state and federal funding for different
childcare concerns that we have in the county? Will this -- or will it
be just like happens with the -- with the lottery and everything else,
the money goes in and it comes out here? So things that we would
have gotten now we won't get because we're taxing ourselves. I think
that's something that must be addressed.
MR. HORTON: Yeah. I don't know that I can honestly
completely answer that question. I wouldn't think legally there's
anything that prevents it, but, you know, people --
COMMISSIONER FIALA: That was another question that was
asked of me, and I -- you know, and they made some really good
points. And, you know, we don't want to shoot ourselves in the foot
either. We have to be careful of that.
MR. HORTON: Commissioner, if! could -- could just add one
-- there are a number of these councils around the state. And as I
understand it, and as we all understand it -- and we've learned a lot in
the past year and a half -- they work pretty well, and I'm sure they
address that, and I assure you before our group ever came and asked
you to put this on the ballot, we would have the answers to those kinds
of questions.
COMMISSIONER FIALA: Yeah, that will be important.
MR. HORTON: Again, again, this is an enabling law right now.
COMMISSIONER FIALA: Yes. That will be important. And
also, I wanted to -- I think we need more information as to -- oh, let
me tell you, the children's -- the study done by the Wine Festival,
Page 63
April13,20l0
that was so badly reported. The figures in there were so distorted. I
went through that whole thing. I read it word by word. And so if
you're ever going to be -- don't bank on that as being factual and
accurate, because it was wrong. It needs to be done correctly. I've told
-- I've told a couple of you already about that.
In fact, I can point that all out, and I have all of the pages. I
saved it all and I've got the pages all marked. It should be correct, you
know, if we're going to help the children.
And right now -- right now, I don't know how you'll do this, but
you don't even -- we don't. Anybody who wants to donate, we don't
have an ability or a way to help the children in Golden Gate City or
the children in Golden Gate Estates or the children in East Naples.
The only ones we do have the ability to help are those in Immokalee,
and we -- and we pour plenty of help into that area. But there are so
many deserving children who are in the poverty level in all three of
those areas that I just mentioned.
We must find a way to help those children also. I mean, if you
wanted to send any dollars to kids in Golden Gate City, where would
you send it? Nope, there isn't a place, right? And same with the
Estates and East Naples, there's no place.
So we must find a way, if we're going to enact something like
this, to make sure that it helps all deserving children, not only the kids
in Immokalee, because they have a -- you know, they have more
foundations set up and so forth, okay. Those are things I wanted to be
stated.
Also, when you come back with a plan -- Commissioner Henning
made a good point. There is no plan. When you come back with a
plan, we need to know how you're going to protect those agencies that
right now help the children in our community from going under
because people won't donate to them anymore. They'll figure, I'm
paying enough in my taxes. I'm not going to donate any. We have to
have a plan for that. He made a very good point. And also, we have to
Apri113,201O
have a plan on how you are going to disburse this money to make sure
that it's fair and equitable to everyone.
Okay. So now I've made my statement.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: Again, my concern is, it's funny
that the legislature is coming up with this program. Obviously in the
past there was funding up in the state to take care of a lot of these
concerns, and of course now we're trying to come up with some
legislation so that, again, the constituency in the counties in the State
of Florida will basically shoulder the problems or the financing that
should be taken care of by the State of Florida.
And because of the fact that there are so many tax loopholes out
there -- and they're even trying to administer more tax loopholes
where you don't have to pay sales tax on planes and boats and things
of this nature. They want -- yet they want the constituency and the
counties to come up with their own money to finance things that
should be taken care of by the State of Florida. And I feel that this is
the wrong way to go. So obviously you haven't changed my opinion.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: Well, I just want to educate my
colleagues on what is available in Golden Gate City on -- for kids.
There is Grace Place who provide early learning and after school. The
Board of Commissioners provide after school in Golden Gate. There's
WIC. There is organizations that deal with unwed teenage mothers
who choose to have their child. There is Planned Parenthood, who
provides abortions to children who choose not keep their child.
There's many and many organizations of churches of -- faith-based,
such as Catholic Charities. There are many after-school programs and
early learning. So there you go.
MR. GRANT: Mr. Chairman, could I just make one comment --
CHAIRMAN COYLE: Sure.
MR. GRANT: -- just to help you? I know there's been a motion
Page 65
April13,201O
made, but in the request that was submitted to you, we included a
suggestive letter that could be considered by this board as the
statement that the legislature is asking. So if -- assuming you concur
with that, that would make it easy in terms of how we reduce it to
writing.
CHAIRMAN COYLE: Where is that letter?
MR. GRANT: It's attached -- it's right after --
COMMISSIONER FIALA: Right after the little --
MR. GRANT: It's about three pages back behind the letter to
Leo Ochs.
COMMISSIONER HENNING: Thirty-eight.
COMMISSIONER FIALA: Oh, there it is right there.
MR. GRANT: It says draft. It's got a date on it of March 24th.
CHAIRMAN COYLE: Mine is a letter from Alan Horton to Leo
Ochs.
MR. GRANT: No, no. Behind that. Look about two pages,
three pages behind that.
COMMISSIONER HENNING: May I assist you?
CHAIRMAN COYLE: Sure.
COMMISSIONER HENNING: Page 7 of 38.
CHAIRMAN COYLE: Oh. It's embedded in the --
MR. GRANT: It says draft.
CHAIRMAN COYLE: Yes, okay. All right.
MR. GRANT: And I think the key part of it is the second
paragraph.
CHAIRMAN COYLE: That's the one I'm just reading. Okay.
MR. GRANT: It's all future subjective tense.
CHAIRMAN COYLE: Yeah, yeah.
Okay. Any other discussion by the board?
(No response.)
CHAIRMAN COYLE: We have a motion on the table and a
second by Commissioner Fiala.
Page 66
April13,2010
All in favor, please signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
COMMISSIONER HALAS: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Okay. The motion passes 3-2, with
Commissioners Halas and Henning objecting.
MR. GRANT: Thank you, Commissioners.
CHAIRMAN COYLE: Okay.
Item #6C
PUBLIC PETITION REQUEST BY MS. KERI MENARD
REGARDING FACILITIES AT MAX HASSE COMMUNITY
PARK - MOTION TO BRING BACK AS A REGULAR AGENDA
ITEM AT A FUTURE BCC MEETING - APPROVED
MR. OCHS: Mr. Chairman, that would move us back to public
petitions, Item 6C, sir.
CHAIRMAN COYLE: Six--
MR. OCHS: C.
CHAIRMAN COYLE: -- C.
MR. OCHS: This is a public petition request by Ms. Kari
Menard regarding facilities at Max Hasse Community Park.
MS. MENARD: Hi. My name is Kari Menard. I'm the current
president of Golden Gate Little League. Sorry. Thank you. I am the
current president of Golden Gate Little League softball. We currently
have our home field at Max Hasse Community Park. Our organization
is a nonprofit, all-volunteer organization dedicated to helping the girls.
In September of 2009 I became president. As any president, I
Page 67
April13,2010
was faced with many challenges. One of the many challenges I was
faced with and what was brought to my immediate attention was a
lack of access to public facilities at Max Hasse Community Park.
In October of 2009 I started corresponding with Shannon Peters,
who is the park manager, requesting access to the concession stands. I
at that point was advised that she would speak with Richard Suarez,
who is the president of the Boys' Little League Association, and she
would ask if their board would allows us permission to use the
concession stands at the park.
I did not hear again from Shannon until January when I emailed
her again asking her for access to these facilities. Again, we were told
that it's always been the boys' facilities and that we would not be
allowed access to it.
We have also not been allowed access to the batting cages,
pitching walls, and storage facilities at Max Hasse Community Park.
We've met with staff on several occasions to try to resolve our
issues; however, we have not made much progress. We were
informed after our first meeting that we be allowed access to the
concession stands. Last Thursday we were under the impression that
we would receive the access only to show up a half hour before our
games and be told that access was denied.
We have had these ongoing issues with Parks and Rec. since
September of2009. Also other boards previous to myselfhave had
issues, however, have not -- they've not been resolved. This has been
financially devastating to our league. In these hard economic times,
we have had to go up the highest we've ever charged for registration
because we have not been able to supplement our income with the
concession stand. We're losing approximately $2,500 a year.
The boys have been allowed for 2008 and part of the 2009 season
to open the concession stands on Tuesday and Thursday nights and
keep all the profits for their league. All's we are asking is for fair
access.
Page 68
April13,2010
There are also the issues of the batting cages and the pitching
walls, as well as the storage facility that we have been denied access
to. The boys have an exclusive lease; however, that lease does state
that public access must be granted; however, continually we go there
and they're chain locked.
As can you see from your agendas, we've included pictures as
well as statements and many other of the leases, the emails, that we
have this ongoing issue.
We're just simply asking why this has taken so long. It's not fair
to our girls. I have three of them right there that have been denied
this. And they've missed school today to see how important this is, to
see how this process works.
And I'm just asking for the commission to help us, to guide me
on how to solve these problems. We don't want to be seen as the
people who won't work with anybody because we've been trying to
work with people, but we've gotten no response. We don't feel we
should have to negotiation with the boys to use county property. We
feel that it should have been cleared up in a phone call. This shouldn't
have gone on since October.
You know, we haven't received any funds from these stands, and
it's just -- it's taking a very long time. Without this, we're not sure if
we're going to be able to continue.
Our -- you know, we're charged thousands of dollars just to use
the fields for All Stars. That mainly comes out of our concessions
budget that we've not had.
We're just asking -- you know, I'm going to keep this brief
because I know your time is valuable, my time is valuable,
everybody's time is valuable. So I just hope we can get this cleared
up.
CHAIRMAN COYLE: I'll tell you the honest truth, I just cannot
imagine how the county could have an exclusive lease for public
facilities in our parks. It is beyond my comprehension that that would
Page 69
April13,2010
happen.
And I'm not going to discuss this today, okay. This is an issue
that must be brought back for a full public hearing with the staff
providing us answers to this problem and getting it resolved
immediately. That's my position on this issue.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: And if I've got three nods, then let's not
spend 30 minutes debating this issue. Let's get about solving it, okay.
And we traditionally do not solve public petitions at the time you
come up. You're coming up, you're coming up to ask us if we'll put it
on a future agenda to get it resolved.
MS. MENARD: I'm just asking for help for these girls. I'm
asking --
CHAIRMAN COYLE: That's right. And I'm suggesting -- and
I'm going to give it to Commissioner Coletta. But I just don't want us
to engage in a lot of back and forth today, because I was convinced the
minute I saw this on the agenda, okay --
MS. MENARD: Thank you.
CHAIRMAN COYLE: -- that there's something wrong here.
And Commissioner Coletta, go ahead.
COMMISSIONER COLETTA: Thank you very much for your
support on this, Commissioner Coyle.
This is the only place you could get the whole thing moving
forward, and there's no way you could have worked this out with staff,
and no one commissioner has the power to be able to direct staff, only
when we meet in a forum such as this. That's why you're here today,
and I appreciate the fact that you accepted my invitation to come here
under public petition.
MS. MENARD: And I appreciate that. I apprec- -- you know,
we are all volunteers. It's getting harder and harder to find volunteers,
and we want to make this as smooth of a process as possible.
COMMISSIONER COLETTA: Yeah. What I'll ask is for the
Page 70
April13,2010
item, when it -- in fact, I was hoping you would never be here today
for one reason. Sometimes when you bring up items like this where
you see such an imbalance, you know they can be corrected. Staff
works it out with the County Manager's Office and they resolve it and
it comes off our agenda.
That didn't happen. Now, I don't know how hard everybody's
been trying, but obviously it hasn't gone all the way yet. So by
bringing it back, we'll have plenty of time to be able to work this
through and come up with a reasonable way of doing it.
I can assure you of one thing. Collier County Commission and
our Parks and Rec. does not show favoritism to either boys or girls.
We'll treat you all rotten.
MS. MENARD: I appreciate that.
COMMISSIONER COLETTA: No, I'm just kidding about that.
But the truth of the matter is, we will get this resolved. What we'll do
is we'll ask for the next time it comes up for a time certain so --
possibly later in the day or something if you want the kids to be here
where they don't have to miss the whole day of school.
MS. MENARD: Oh, they're happy about it.
COMMISSIONER COLETTA: Then we'll plan it for the same
thing. No, but thank you for being here.
MS. MENARD: Thank you very much for hearing us today.
CHAIRMAN COYLE: Commissioner Henning?
Thank you.
COMMISSIONER HENNING: I just wanted to inform the
board members, my aide has been informing me of this issue for
months and months, and I've asked her several times, what do you
want me to do, because it was very frustrating to me also.
And in fact, last Thursday, being that I was out of town coming
back in late, I met my aide at the parks and was informed that the
concession stand was to be available to the girls' league. In fact, it
was locked.
Page 71
April13,2010
I called the county manager to deal with it. Obviously he did.
But the person who came did not have a key. It's just inconceivable to
me that this has been going on for so long.
My concern is the county manager's ordinance to where the
Board the Commissioners cannot interfere with the day-to-day
business. If this is considered serving our constituents, interfering
with the day-to-day business, we need to remove that, leave in the part
where a commissioner cannot interfere with the day-to-day business.
This board is accountable to the citizens of this great county.
And I can tell you that I had a former employee go after me because
of that clause, and I don't want -- I don't want for any of my colleagues
to -- taken to task for doing their job. This is truly embarrassing, this
moment.
CHAIRMAN COYLE: Commissioner Fiala, you have your hand
up?
COMMISSIONER FIALA: No, no. I just agreed with you to
bring it back.
CHAIRMAN COYLE: Then we've got -- okay. Let's have a
vote.
All in favor of bringing it back?
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Okay. I think it passed unanimously.
We'll bring it back as quickly as possible, and at that point in time we
will resolve this issue.
MS. MENARD: Great. Thank you so much for your time.
CHAIRMAN COYLE: Thank you for being here.
Page 72
April 13, 2010
Item #9 A
RESOLUTION 2010-77: APPOINTING DANIEL P. MARTIN
AND RE-APPOINTING MARCIA E. BREITHAUPT TO THE
ANIMAL SERVICES ADVISORY BOARD - ADOPTED
MR. OCHS: Commissioners, that takes you to Item 9 on your
agenda.
CHAIRMAN COYLE: Okay. We're going to 9A. Appointment
of members to the Animal Services Advisory Board.
COMMISSIONER FIALA: Move to approve Daniel Martin and
Marcia Breithaupt --
COMMISSIONER HALAS: Second.
COMMISSIONER FIALA: -- the committee recommendations.
CHAIRMAN COYLE: Okay. All in favor of the appointment
by -- appointment of Daniel Martin and Marcia Breithaupt, 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 approval is unanimous.
And by the way, that was a motion made by Commissioner Fiala
and seconded by me.
Okay. Now let's go to 9B.
Page 73
April 13, 2010
Item #9B
RESOLUTION 2010-78: RE-APPOINTING SUSAN M. BECKER
AND EDWARD R. (SKI) OLESKY AND CONFIRMING
GERARD M. GIBSON AS THE MARCO ISLAND MUNICIPAL
OFFICIAL TO THE TOURIST DEVELOPMENT COUNCIL -
ADOPTED
MR. OCHS: 9B is appointment of members to the Tourist
Development Council.
COMMISSIONER COLETTA: Move to approve Susan Becker,
Ski Olesky, and Councilman Gerald Gibson.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: Okay. Motion by Commissioner Coletta
to appoint Susan Becker and --
COMMISSIONER COLETTA: Ski Olesky.
CHAIRMAN COYLE: -- Ski Olesky, and--
COMMISSIONER COLETTA: Councilman--
CHAIRMAN COYLE: -- and Jerry Gibson.
COMMISSIONER HENNING: Question.
CHAIRMAN COYLE: Or we're going to recognize the Marco
Island recommendation to appoint Councilman Gibson.
Okay. Commissioner Henning?
MS. FILSON: They do take recommendations, yeah.
COMMISSIONER HENNING: Mr. Chairman, what was the
purpose of the TDC council to readvertise the owner operator
position?
CHAIRMAN COYLE: I don't know. What is the reason?
MS. FILSON: That was because Mr. Edward Olesky had not
submitted his application.
COMMISSIONER HENNING: Oh, okay.
COMMISSIONER COLETTA: He did submit it.
Page 74
April 13, 2010
MS. FILSON: He has since submitted--
COMMISSIONER COLETTA: Correct yourself, Ms. Filson.
He did submit, but he didn't set (sic) to the time limit that you
personally had set on it.
MS. FILSON: He did not submit it prior to the deadline. I
received it late.
COMMISSIONER COLETTA: Right.
COMMISSIONER HENNING: What I heard you say is the
TDC did not have his application.
MS. FILSON: That's correct.
COMMISSIONER HENNING: So -- okay, thank you.
CHAIRMAN COYLE: What is our policy concerning late
applications?
MR. KLA TZKOW: You don't have one.
CHAIRMAN COYLE: Okay.
MR. KLA TZKOW: You don't have a written policy. This is
something that, by custom, we've done, and by custom you can waive
it.
CHAIRMAN COYLE: Okay, all right. We have a motion to
appoint Susan Becker, Edward Olesky, and Jerry Gibson.
Motion was made by Commissioner Coletta and a second by
commissioner -- no. Made by --
MS. FILSON: Halas. Coletta made the motion and
Commissioner Halas seconds it.
CHAIRMAN COYLE: Okay, all right. 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?
Page 75
April 13, 2010
(No response.)
CHAIRMAN COYLE: The appointments are unanimous.
Item #9C
RESOLUTION 2010-79: APPOINTING WAYNE W ALDACK AS
THE MARCO ISLAND REPRESENTATIVE TO THE COLLIER
COUNTY COASTAL ADVISORY COMMITTEE - ADOPTED
MR. OCHS: 9C is appointment of member to the Collier County
Coastal Advisory Committee.
COMMISSIONER FIALA: Motion to approve Marco Island
recommendation of Councilman Wayne Waldack.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: Okay. Motion to approve Councilman
Waldack by Commissioner Fiala, second by Commissioner Halas.
All in favor, please signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: It passes unanimously.
Item #lOA
RECOMMENDATION TO REJECT AN OFFER TO SETTLE
(AND RELEASE) A $131,000 CODE ENFORCEMENT LIEN FOR
PAYMENT OF $15,000 IN THE CODE ENFORCEMENT
ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS
Page 76
April 13, 2010
VS. RICHARD CARTER, CASE NO. 2007-060653, RELATING
TO PROPERTY KNOWN AS 196 BRIARCLIFF LANE, NAPLES,
FLORIDA - MOTION TO ACCEPT A SETTLEMENT OF $15,000
FOR FINES AND STAFF COSTS - APPROVED
MR. OCHS: Commissioners, that takes you to Item 10 on your
agenda, county manager's report. 10A is a recommendation to reject
an offer to settle ( and release) a $131,000 code enforcement lien for
payment of$15,000 in the code enforcement action entitled Board of
County Commissioners versus Richard Carter.
Diane Flagg, your code enforcement director, will present.
MS. FLAGG: Good morning, Commissioners. This is a
$131,000 code enforcement lien, which is a legal lien. The amount of
money is owed to the board.
Based on prior discussions with the board, we offered to take this
under a recommendation for approval at 50 percent, which would have
been 63,5-. The bank is offering to settle the lien for just over II
percent of the amount owed to the board.
COMMISSIONER COLETTA: If! may, sir.
CHAIRMAN COYLE: Okay, go ahead.
COMMISSIONER COLETTA: What we have is the item that I
pulled off the agenda, 16AI0, which became -- or no, 16E6, which
became lOE. In all reality, we should hear that first before we hear
that item. They're related. But it's the policy that gets us to where we
are and why Mr. Saunders is here today representing his client.
Mr. Klatzkow, I didn't get a chance to talk to you about it.
Doesn't that make sense?
MR. KLATZKOW: lOD? Yeah, lOD was put on this agenda
specifically because of this item.
COMMISSIONER COLETTA: Yeah, but -- and so we should
be dealing with that first before we try to deal with this particular
item.
Page 77
April 13,2010
MR. KLA TZKOW: That's fine, yes.
CHAIRMAN COYLE: That was 16E what?
MR. KLATZKOW: It's now lOD.
MS. FILSON: 16AlO.
COMMISSIONER COLETTA: No, 16E6.
MS. FILSON: That's a change order.
CHAIRMAN COYLE: No, that can't be right.
MS. FILSON: You pulled off 16AlO, sir.
MR. OCHS: Commissioners, Item lOD is -- was formerly
16A 1 0 on your agenda. That was a recommendation to adopt an
amending and superceding resolution to resolution 2001-316 in order
to update and clarify the code enforcement director's authority to
recommend settlement of code enforcement liens. So if you would
prefer to hear that first before lOA, that's the pleasure of the board.
CHAIRMAN COYLE: I don't -- I don't see that as being a
requirement. Let's continue with this item. We've already got it on
the table now.
Mr. Saunders?
MR. SAUNDERS: All right. Thank you, Mr. Chairman and
members of the County Commission. For the record, my name is Burt
Saunders. I'm with the Gray Robinson law firm. And this morning
I'm representing lP. Morgan Chase Bank, doing business as
Washington Mutual, in a code enforcement case number 2007060653
for property located at 196 BriarcliffLane in Naples.
I first want to thank Diane Flagg and her staff. They have been
extremely professional and very courteous and very helpful and do a
great job, and I want to compliment them for that publicly for what
they've done for the county in terms of code enforcement.
The owner of the property in October of 2007 was a Mr. Richard
Carter. Mr. Richard Carter was ordered by a special magistrate on
October 19, 2007, to pay code enforcement fines of$250 a day
because of some problems with a pool enclosure.
Page 78
April13,2010
The -- my client, Chase Bank, foreclosed on the property and
actually had access to the property on February 24,2009. By that
time the fines had accumulated to over $130,000.
Chase Bank, as soon as they found out about the violation, they
corrected it. It was apparently a fairly minor violation. I think it cost
about $2,000 to fix it. On April 3rd the fix was completed.
And so what we're simply saying is that the bank had no ability
to do anything with this pool enclosure until they got access to the
property. And so the fines going back prior to February 24, 2009,
certainly -- we understand the imposition of those fines. The problem
is that the bank had no ability to, number one, know about the lien
and, number two, to take any action to correct it.
I've spent a lot of time thinking about this and trying to suggest --
and I don't want to be presumptuous, but I thought of a possible
solution to accomplish the goal of making sure that a bank -- or
whoever takes the property. It doesn't matter who it is. It could be a
trust, it could be a bank, it could be anybody that takes over a piece of
property like this. Your goal is to get compliance and to get
compliance as quickly as possible.
And so one possibility you may want to consider is having the
fines stay in place from the date that the bank takes control, which
would be February 24th. In this case, we would be talking about a
$10,000 fine instead of $130,000 fine. Because, quite frankly, it's not
fair to treat one property owner differently than a different type of
property owner.
You have one policy for individuals where the fines are waived
in their totality, and then you have a different, not a policy, but just a
different practice from time to time with other types of owners like
banks where you are willing to waive half of the fine. And to me,
that's just not -- doesn't seem fair. But you do need to recoup all your
costs associated with any investigation and with going before the
special magistrate, and you do want to keep their feet to the fire, so I
Page 79
April 13, 2010
would suggest as a -- perhaps as a solution to this type of problem,
keep in place the fines for the moment that a new entity takes control
of the property to the moment that they conclude fixing it. In this
case, again, it would be about 40 days from February 24th to April
23rd, but not go back and penalize a new owner, whether it be a bank
or an individual, for something they had no control over.
And so, Mr. Chairman, members of the commission, that's why
we suggested the $15,000. It would be that much of a fine, going back
40 days, plus any administrative costs that you could have incurred
enforcing that fine.
CHAIRMAN COYLE: Okay, thank you.
Commissioner Coletta?
COMMISSIONER COLETTA: Diane Flagg, if you would be so
kind. If this was -- I only need one, Commissioner Henning. Thank
you for your help. I might have a hearing loss, not a speaking loss.
COMMISSIONER HENNING: Just want to make sure
everybody hears you.
COMMISSIONER COLETTA: That's okay. I appreciate that
very much.
Diane Flagg, if you would be so kind. If this was not a bank that
we were dealing with, if we were dealing with an individual residence
and they had racked up these fines, regardless of what happened, how
would we settle this? I mean, we'd bring this before the commission
and there'd be recommendations to reduce the fine down to what?
MS. FLAGG: The -- well, first of all, anything where there's a
compromise of the fine amount, meaning a reduction of fine amount,
that comes to the Board of County Commissioners.
COMMISSIONER COLETTA: That's correct, but there's
recommendations that come with it.
MS. FLAGG: Correct. And if this were an individual
community member, then we would bring forth a recommendation to
settle based upon any hard costs that were expended, any operational
Page 80
April 13, 2010
costs that had been paid, and the balance of the fines would -- a
recommendation for approval to waive.
COMMISSIONER COLETTA: So in other words, instead of --
what was the total amount of this, it was 130- or--
MS. FLAGG: The total amount of this case is 131-.
COMMISSIONER COLETTA: 131-.
CHAIRMAN COYLE: Thousand.
COMMISSIONER COLETTA: Okay. $131,000, so--
MS. FLAGG: Sorry.
COMMISSIONER COLETTA: -- if this was a residence, the
fine would be something like 5-, $10,000?
MS. FLAGG: They would -- correct. They would pay the
operational costs, then we would make a recommendation to waive.
COMMISSIONER COLETTA: Now, bear with me for a minute.
Believe me, I do have more sympathy for my residents than I do for
the banks because, you know, we all know they're coldhearted people.
Which isn't through, but I mean some people --
MR. SAUNDERS: But their lawyers are not necessarily
coldblooded -- hearted.
COMMISSIONER COLETTA: Right, but not all lawyers
though, right. But in any case --
COMMISSIONER HALAS: They are, coldhearted.
COMMISSIONER COLETTA: -- the bankers, would this
money that they have to spend, where does this come from? I mean,
doesn't it come from some -- do they have to pass it on to take care of
COMMISSIONER FIALA: Stimulus.
MS. FLAGG: There's a lot of discussion at the federal level
about where that money comes from.
COMMISSIONER COLETTA: Okay. So now we're getting
into some of these funds that are being passed down from Obama-ism.
MS. FLAGG: I would tell you that we have not seen that the fine
Page 81
April13,20l0
amounts impact the cost. The houses are selling for what the banks
can get them for.
COMMISSIONER COLETTA: Sure. And I appreciate you
bringing it back to us.
MS. FLAGG: And I think there's another federal side that
addresses your other question.
COMMISSIONER COLETTA: This is the reason why I wanted
to put the one item before the other, but that's okay. We can deal with
it one at a time.
Well, I submit to you that be it an individual, or be it a bank,
we're still dealing with an entity, and we need to be able to be
conscious of the fact that we're looking for, like you said before and
what you made your department famous for, we're looking for
compliance, not enforcement.
So it looks like what we got here is a cash cow we're trying to
tap, and I'm not going to be supportive of it. It should be across the
board where we can treat everybody with some equality. Be it a bank,
be it an individual, be it a -- even a speculator, everyone there, they
want to give them every reason in the world to have these houses
corrected, to have them in working order. And so I, for one, am not
going to support spending anything more than we would for an
individual.
MS. FLAGG: Commissioner, I would offer that this is a policy
decision to the board.
COMMISSIONER COLETTA: Oh, no. I understand that, but I
got the right to my own opinion. I'm just exercising it at this point in
time.
And I still only need one mike, Commissioner Henning.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: My concern is, the bank foreclosed
on this home. They basically told the people they had to leave. It
wasn't that the bank bought this property. The bank basically said,
Page 82
April13,201O
we'll foreclose on because you haven't paid. So the bank has to take
on the responsibilities of whatever that homeowner is.
And to have a bank such as Chase come in here and plead their
case of -- that they're being not treated correctly, what about the
people that they're displacing and not trying to work through the
process of seeing if they can come up with a way of keeping those
people in the house?
And I'll tell you right now, I don't have any sympathy whatsoever
for a large bank like Chase that is in this process of throwing people
out of their homes instead of looking at a way of keeping people in
there so the property could be kept up.
Now, in this case, they took on a responsibility when they had
that people -- those people left that house. They took on all the
responsibilities. It's just like an individual that goes out and buys a
home and there are indications that there are some violations, code
violations. They come in here and they accept those responsibilities
unbeknowing (sic) that they got code violations, and we try to work
with them.
And in the past whenever the banks come in here, we try to work
with them on a 50 percent basis, and I think that's where it should stay.
They're the ones that threw the people out of the house, not the
property owner.
So -- in fact, I think because of this fact that this is here in front
of the commission, I think we ought to assess them the full value, that
you tried to work with them, to work on a 50 percent of this, and that
they don't want to accept that, they want to even get something for
free. And the end result is, it falls on the taxpayers here who have to
pay for the code enforcement, people going out there following up on
all this stuff, but yet the banks don't want to take on the responsibility
that there are some -- that taxpayers are paying your salary to go out
there to look at what needs to be done and following up on the code
enforcement issues.
Page 83
April 13, 2010
CHAIRMAN COYLE: County Attorney, do you have any
justification for charging the bank the full amount of this fine?
MR. KLATZKOW: That's why there's lOD.
CHAIRMAN COYLE: I'm sorry?
MR. KLATZKOW: That's why there's 10D. I mean, that's -- I
mean, it's not a coincidence that 10 -- that that item's on here, because
there really is no justification without your establishing policy under
10D, and that policy basically says that if you're purchasing a
distressed sale and you intend to live in that home and you're
homestead, then once you fix it up, we'll waive the fees. Everybody
else pays.
COMMISSIONER HALAS: Bank ain't living in those homes.
MR. KLATZKOW: Well, it would -- everybody else pays. It
would be banks, it would be investors, whatever, and that gives you
some sort of fairness treatment to it so everybody's being treated the
same. That's one approach.
Another approach is, you want full compliance, and as long as
you're getting full compliance, at that point in time you waive the
fines, then everybody's being treated the same. So that's a policy
decision which way you want to go.
CHAIRMAN COYLE: But we're waiving other fees in this very
agenda.
MR. KLATZKOW: You have been waiving individual fees--
CHAIRMAN COYLE: Yes.
MR. KLATZKOW: -- agenda after agenda after agenda for over
a year --
CHAIRMAN COYLE: Yes.
MR. KLA TZKOW: -- and you've been charging banks 50
percent agenda after agenda after agenda, and there was no rationale
for that really. That's why I put on 10D, to give the board the
rationale. So we'll protect people who want to invest in Collier County
and make it their home, make it their homestead. Everybody else,
Page 84
April13,201O
we're not going to waive liens on. But another policy you can take is
just to waive everybody who's complied.
CHAIRMAN COYLE: Okay. Is there a motion?
COMMISSIONER FIALA: I want to ask a question. Ifwe waive
every one of the fees, then why even place a fee on it, I mean, if we're
not going to do that?
CHAIRMAN COYLE: Okay. Commissioner -- was it
Commissioner Henning first?
COMMISSIONER HENNING: Yeah. I think it's a fine, not a
fee. You want to recoup your costs on any code case, but in my
opinion, it's all about coming into compliance. We never said, if you
have a homestead residence or not.
The real issue is is, come into compliance, and we ought to have
the criteria about coming into compliance, because there are some
people who refuse to come into compliance. But with that said, we
are in a different time today. We have people up to two years that are
living in their home knowing that it's going to be the bank, the bank's
house, and the bank has to deal with it.
So I want to be fair to all and be blind to who's involved in it, and
it should be consistent across the board whether you're a resident, an
investor, or a bank, because what you will -- may tend to create with
this policy, you won't get investors involved to fix homes up. You'll
get homeowners who can't really afford to do so because under HUD
you have to have certain requirements to have that home occupied;
otherwise, you're not going to get a loan.
So I would like to -- Mr. Saunders, what was your --
MR. SAUNDERS: Well, I was trying to come up with some
mechanism where you hold the banks' feet to the fire, and that would
be, as I said, you know, if you charge them a fine from the day they
take control until the day they fix it, that certainly -- I don't think
anybody could argue that that's unfair. I think you could do that with
the homeowner also. At some point you give them a deadline, and if
Page 85
April 13, 2010
they don't fix it, then the fines are going to stick.
But for a bank for -- in this particular case, that would be about a
40-day period from the date that the bank took control of the property
on February 24, 2009, until it was fixed on April3rd. That may be
one way of looking at it.
And, you know, no one particularly likes banks, I understand
that, but what would be the difference if this was a trust that owned
the -- that took the property back or some other entity owning it that's
not a bank? It's the same concept. But all of these entities should be
pretty much treated the same.
And so that was just one way we got, or I got to the $15,000 was,
okay, there's a $10,000 fine and maybe $5,000 in your administrative
costs.
COMMISSIONER HENNING: Okay. My motion is going to
be, on this item, to settle this code enforcement lien -- I believe it's a
lien --
MS. FLAGG: It's a lien.
COMMISSIONER HENNING: -- for staffs costs and the daily
fine up until the new owner -- in this case it would be Chase Bank --
the time they had -- took ownership until the time they came into
compliance.
MR. SAUNDERS: Those two dates would be February 24,
2009, to April 3, 2009.
COMMISSIONER HENNING: Yeah. I'm not sure what it is,
but I'm sure Ms. Flagg can figure that out. It's not a part of my
motion.
COMMISSIONER COLETTA: I'll be happy to second if I could
first ask a question.
COMMISSIONER HENNING: Sure.
COMMISSIONER COLETTA: To try to get some clarification.
CHAIRMAN COYLE: No. You can't ask a question.
COMMISSIONER COLETTA: Thank you very much.
Page 86
April 13, 2010
Ms. Flagg, let's play what-if. And I appreciate your generous
offer. It's a lot more than I was looking for because I was looking for
a fairness across the board.
If somebody comes -- they're out of compliance and you go there
and you find something, like in this case here, the bank takes over the
property, and we're talking like 40 days they got it. It's out of
compliance. Day one out of compliance, how often -- how long do
you give them before you get to the point that you start assessing a
fine? If it's a -- from day one?
In other words, a homeowner out there, you go to the property,
you find that everything's wrong that could possibly be wrong. You
give them how many days before you start the action that you're going
to take?
MS. FLAGG: The important thing to remember is under state
statute that any issues with the property carries on to the new property
order (sic).
COMMISSIONER COLETTA: I understand, I understand.
MS. FLAGG: So if -- in this case the owner was Mr. Carter, and
the investigator gave them probably 30 to 60 days to come into
compliance, they did not come into compliance, so they took them to a
hearing with the Code Enforcement Board. The Code Enforcement
Board is -- or the special magistrate, either one, is the one that sets a
compliance date and then assesses a fine if they are not in compliance.
So they get an initial period to come into compliance, then they go to
a hearing. They're given more time to come into compliance.
COMMISSIONER COLETTA: I understand.
MS. FLAGG: And if they don't come into compliance as of that
date, then a fine is assigned. If they -- if time continues to pass and
they still don't come into compliance, then they go back to the Code
Enforcement Board or the special magistrate and a lien is imposed for
the current fine amount, and then that lien carries on.
So when a bank comes in, they know all this. When they're
Page 87
April 13,2010
coming in and they're foreclosing on the property, they know that
there is a lien on the property. The reason the banks are abating the
code enforcement issues is because they can't sell the property with a
lien on it.
COMMISSIONER COLETTA: I understand.
MS. FLAGG: So we have had banks that have sold properties
that have code violations on them, but there's no lien, and the
homeowners have come back and said, the bank didn't tell us, and the
bank's response is, you signed an as-is contract.
So as a result, what we do is -- the process is the same
irrespective of who owns the property. Once the lien is on the
property, if it's a bank that comes in and buys, they have to -- before
we bring it to you-all to release the lien, they have to bring the
property into compliance. It's a policy decision on what fine amount
you want to --
COMMISSIONER COLETTA: I understand.
MS. FLAGG: -- assess, and then you make the decision to
release the lien or not. And then at that point, they would then sell the
property to somebody else.
COMMISSIONER COLETTA: I understand. There's two parts
of this that don't quite mesh with the way I'm looking at it. I don't
know if anybody else would agree with me.
One, the bank is not really a willing buyer. They have to take it
back to be able to try to recoup some of their losses. They got no
choice in the matter. It's not like they know that these liens are going
to be in place when they come into it. They know about the liens
when they go to the point they're going to go through foreclosure.
That's when it become evident to them.
At that point in time, that would be day one. Within 40 days, they
get it done. I mean, if they were the original owners and you found it
the first day that they went in there, it'd be 40 days away, which would
be no fines at all, which I'm not going to go for because there is a debt
Page 88
April13,201O
from the previous owner that has to be settled.
But this still doesn't quite balance out. But I mean, in the end, if
that gets us where we need to be and it makes the banks reasonably
happy -- and I'm willing to go ahead and second Commissioner
Henning's motion. I would rather see it equal across the board with
everybody being treated the same, but I don't think we're going to get
there, so I'll second Commissioner Henning's motion.
CHAIRMAN COYLE: Okay. The bank has offered us $15,000.
Why would we refuse to accept it? The bank thinks it's a reasonable
settlement. Why would we say no, keep your money? We can always
use the money.
As far as punishing the bank, it was a $2,000 violation. That's
how much it cost to correct it. Weare charging them a penalty of
$15,000. That's enough to get people's attention, I think. And the
thing that we're all missing is, if we charge them $131,000, who do
you think really is going to pay that? Weare, that is the taxpayers. I
mean, that's where they get their money. They're either going to get it
from the federal government from our taxes, or they're going to charge
more money for the home, or they're going to increase their rates.
They're going to do something to get that money back, and it's going
to be the people of this community who have to pay that kind of
money.
So, you know, I would encourage you to accept the bank's offer
of$15,000, not cut it down. But we've got a motion on the table with
a second. I'll call the motion.
All in favor of the motion for, what was it, Commissioner
Henning, $1O,000?
COMMISSIONER HENNING: No, no, not at all.
CHAIRMAN COYLE: Was it just the cost of staff?
COMMISSIONER HENNING: Plus a fine of the time that the
bank took it over to the time the violation was corrected. Mr.
Saunders, you believe that's around 15,000?
Page 89
April13,2010
MR. SAUNDERS: That's -- that will be about 40 days. It was
February 24th when the bank foreclosed, plus or minus a day there,
and April 3rd when it was completed. So if you applied a fine of $250
a day from that -- for that period of time, you're going to be probably
around $10,000 in fine, and then we figured -- I don't know what the
cost of administration would be, but that's probably another couple
thousand. So it'd be a little less than the 15- that we were talking
about, but that's how we kind of came up with that number.
CHAIRMAN COYLE: You see, but now we're going to have to
go back and try to calculate the time that the staff spent on this, and
that becomes real messy. Why can't we just agree on $15,000 and do
it?
MR. SAUNDERS: That will be fine. It makes it a little bit
messier for you in terms of your policy going forth, but that's fine with
-- on this case anyway.
CHAIRMAN COYLE: Hey, our policy's real messy, so we've
got to deal with that one, too.
MR. SAUNDERS: Well, that was the bank's offer, so, you
know we're--
,
CHAIRMAN COYLE: Okay. All right. I've called the
question. Is there any discussion now?
Commissioner Halas?
COMMISSIONER HALAS: Yes. If the banks are so lenient,
why are we foreclosing on so many people's homes without the banks
trying to work through a process, and yet when they take people and
remove them from their homes, they don't want to accept the
responsibilities of that particular property? I have a real problem this.
And it's end as a result is, the taxpayers are paying because of the
time that is administered by all the people involved in trying to bring
this to fruition, and I'm talking staff people in the county. That's
taxpayers'money.
Now, when banks can take and have large bonuses through
Page 90
April 13, 2010
government subsidies and then come before the Board of County
Commissioners telling us that, oh, we are -- we need to have relief
here because it's costing us money, yet you didn't want to sit down and
try to work through the process, the banks, whether it's this particular
case or any particular case where there's foreclosures, why do we have
10,000 foreclosures in this county instead of where the banks can try
to work with these people to keep them in their homes?
Oh, all we're interested in is to get the property and to market it
as quick as possible and then write off the loan, and we'll charge the
taxpayers for the loan that is not paid for by the residents who are
foreclosed on? I got a real problem with this. Thank you.
MR. SAUNDERS: Mr. Chairman, if I just might. You know,
obviously the banks are trying to work with people that are not paying
their mortgages. And I had one client, a commercial client, where the
bank regulators forced the bank to foreclose on the property. The
bank didn't want to but they had to.
So you're going to have to -- it's not just quite as simple of, you
know, you've got a bank that wants to foreclose on people. That is not
the case. It's much more complicated than that.
CHAIRMAN COYLE: Let's not continue that discussion,
because it is way more complex than that, and that's not our objective
here today, to solve the banking problem.
But in any event, all in favor of the motion? The motion is what,
Commissioner Henning, is it to accept the $15,000 settlement
proposed by the state -- the bank or something less than that?
COMMISSIONER HENNING: I don't know if it's less or more,
but I just want to be consistent with a policy hopefully that we're
going to adopt, and that is the time that the person takes over the
property and the time that the violation is corrected, plus
administration costs.
CHAIRMAN COYLE: And -- well, then we can't specify a
number here today. There's no way we can --
Page 91
April13,201O
COMMISSIONER HENNING: Staff can -- staff can figure that
out --
CHAIRMAN COYLE: No, no.
COMMISSIONER HENNING: -- what the administration costs
are and what --
CHAIRMAN COYLE: Okay.
COMMISSIONER HENNING: -- the time that they --
CHAIRMAN COYLE: Okay. We'll--
COMMISSIONER HENNING: That's recorded in the --
CHAIRMAN COYLE: We're going to vote on the motion.
COMMISSIONER COLETTA: Just--
CHAIRMAN COYLE: All in favor of the motion, signify by
saymg aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Okay. All opposed to the motion,
signify by like sign.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
Okay. Motion fails, 3-2.
Now, I make a motion that we accept the settlement of the bank
for $15,000, and that's it.
Okay. Is there a second?
COMMISSIONER HENNING: Second.
CHAIRMAN COYLE: Okay. There's a second, Commissioner
Henning.
All in favor, please signify by saying aye.
Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: And it fails.
All opposed, by like sign.
Page 92
April13,201O
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Commissioner Coletta didn't vote.
COMMISSIONER COLETTA: I had a question and you
wouldn't allow me to ask it.
CHAIRMAN COYLE: You've asked too many questions
already. We're going to be closing this thing off in another minute.
COMMISSIONER COLETTA: I ask the county attorney, do I
have to vote on something if I can't get an answer to a question? If I
don't have the information, am I forced to vote one way or the other?
COMMISSIONER HENNING: You've got to abstain.
CHAIRMAN COYLE: Okay. The motion fails.
MR. SAUNDERS: Mr. Chairman, could I ask--
CHAIRMAN COYLE: Okay.
MR. SAUNDERS: -- before you do that, could you remake the
motion and could I ask Commissioner Coletta today to go ahead? I
mean, I understand the difficulty in this, but we need to get this case
resolved. It's been hanging around a long time. Just as a courtesy,
could you please make the motion again. I would ask --
CHAIRMAN COYLE: The motion has failed. I will wait for
another motion, if there is another motion here.
COMMISSIONER HENNING: Mr. Chairman, I'll make a
motion that we accept -- impose a fine of $15,000, and that includes
the operational costs --
MR. SAUNDERS: A settlement.
COMMISSIONER HENNING: -- for settling this lien on
Chase's property.
COMMISSIONER COLETTA: And I'll second that because this
works in the fact that, what we're going to be dealing with later. We're
dealing with an issue which is completely separate from everything
else. That takes it off. Good move.
CHAIRMAN COYLE: Okay. We have another motion which
Page 93
April13,201O
was identical to the first motion that just failed, so now we're going to
vote on the motion that is made by Commissioner Henning that failed
because Commissioner Coletta would not vote.
So now --
MR. SAUNDERS: And if this fails, it will be very interesting.
CHAIRMAN COYLE: All in favor of this motion to settle for
$15,000, please signify by saying aye.
Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: All opposed, by like sign?
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Okay. It is opposed by Commissioner
Fiala and Halas. It passes 3-2.
MR. SAUNDERS: Thank you, Mr. Chairman.
CHAIRMAN COYLE: And we are in recess for lunch. Be back
at 1:12.
(A luncheon recess was had.)
CHAIRMAN COYLE: Okay. The Board of County
Commissioners' meeting is back in session.
Item #7 A
RESOLUTION 2010-80: CU-2008-AR-14085 RENDA
BROADCASTING CORPORATION, REPRESENTED BY
RICHARD D. YOV ANOVICH, ESQUIRE OF COLEMAN,
YOV ANOVICH AND KOESTER, P.A., IS REQUESTING A
CONDITIONAL USE FOR A COMMUNICATIONS TOWER AND
THE INSTALLATION OF RELATED SHELTER AND
EQUIPMENT IN THE ESTATES (E) ZONING DISTRICT, AS
SPECIFIED IN SECTION 5.05.09 OF THE COLLIER COUNTY
Page 94
April 13, 2010
LAND DEVELOPMENT CODE (LDC). THE APPROXIMA TEL Y
4.77-ACRE SUBJECT PROPERTY IS LOCATED AT 5860
CREWS ROAD, IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE
26 EAST, IN COLLIER COUNTY, FLORIDA - ADOPTED
MR. OCHS: Yes, sir. Commissioners, that takes us to the
advertised public hearings section of your agenda.
First item is 7 A.
CHAIRMAN COYLE: Okay.
MR. OCHS: This item requires that all participants be sworn in
and ex parte disclosure be provided by commission members. It's
CU-2008-AR-14085, Renda Broadcasting Corporation, represented by
Richard D. Y ovanovich, Esquire, of Coleman, Y ovanovich, and
Koester, P.A., is requesting a conditional use for a communications
tower and the installation of related shelter and equipment in the
Estates zoning district as specified in Section 5.05.09 of the Collier
County Land Development Code.
The approximately 4.77-acre subject property is located at 5860
Crews Road in Section 8, Township 50 South, Range 26 East in
Collier County, Florida.
CHAIRMAN COYLE: Okay. We going to swear people in,
right?
MR. OCHS: Yes, sir.
CHAIRMAN COYLE: Okay. All those who are going to be
providing testimony concerning this item, please stand and raise your
right hand to be sworn.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN COYLE: Okay. Thank you very much.
Commissioners, ex parte disclosure. We'll start with
Commissioner Henning.
COMMISSIONER HENNING: Just, we heard this item before.
CHAIRMAN COYLE: Yep.
Page 95
April13,201O
COMMISSIONER HENNING: That's the only thing I have.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yes, correspondence, we heard
the item before, talked to Mark Strain from the Planning Commission
about it and, of course, the staff.
CHAIRMAN COYLE: Okay. Thank you. And I have no ex
parte disclosure other than what has -- what was declared last time.
Commissioner Halas?
COMMISSIONER HALAS: Yes, thank you, Mr. Chair.
I've had correspondence on this prior, heard this item before, and
also talked with staff in regards to this issue. Thank you.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Yes, staff reports, I spoke to staff
before, meetings with Rich Y ovanovich and Tony Renda on March
2nd, and I've actually talked to some of the people since then in the
neighborhood.
CHAIRMAN COYLE: All right. Thank you very much.
County Manager?
MR. OCHS: It would be the petitioner, sir, that proceeds at this
point.
CHAIRMAN COYLE: Okay. Mr. Y ovanovich?
MR. YOV ANOVICH: Thank you.
Good afternoon. For the record, Rich Y ovanovich, on behalf of
the petitioner.
I just broke the microphone.
MR. OCHS: We'll send you a bill.
COMMISSIONER FIALA: Step up and break the mike.
CHAIRMAN COYLE: That's right. You'll be paying for that.
MR. YOV ANOVICH: Okay.
CHAIRMAN COYLE: And you can forget your case today.
MR. YOV ANOVICH: Well, I'll tell you what, I'll just put it on
the bill. I don't know what happened there, but you do need some new
Page 96
April 13, 2010
technical equipment.
And with me today is Tony Renda, who you heard from at the
last hearing.
You have before you today the same conditional use application
that you heard on February 23,2010. What we are attempting to do is
basically, to not candy coat it, legitimize a tower that exists on a site
that was scheduled to be removed when a different conditional use
was approved.
The purpose of the first conditional use was for a replacement
tower because the anticipated load that was going on the -- the
anticipated load from the new radio antenna could not be
accommodated on the original tower on this site.
So a new tower was built. Most of the users of the original tower
willingly moved over to the new tower. The FBI, who was on the old
tower, preferred to stay on the old tower, and we allowed them to stay.
Properly -- probably shouldn't have, but we allowed them to stay on
that tower and expected when they finally went away, that the old
tower would basically come down.
In the meantime, the applicant was approached by FLO TV about
locating on the new tower. And in order for that new tower to be
allowed to stay and for new tenants to go on that tower, a conditional
use application needed to be applied for, and that's what's going
through the process today.
There were concerns raised at the original hearing on this
regarding the inspections that were required for towers and was this
tower, in fact, a safe tower.
As you had heard, and I think you can ask Mr. Casalanguida,
none of your communication tower owners actually knew that they
were required to do surveys, structural tests of these towers and, in
fact, the applicant, upon learning of this, did the required structural
evaluation for their towers. It's in your backup, and the towers are, in
fact, safe.
Page 97
April 13,2010
I think Nick can tell you that they have been sending out to all
the communication tower owners in the community letters telling
them, you need to get your tests in here to show us that your towers
are safe, and they are trickling in.
We recently received a letter from Stan Chrzanowski saying that,
you know, your report indicates that one of the guy wires needs to be
replaced. What's your schedule to replace it? And our response is,
well, it will depend. If we get approved today, then we can go out and
fix that guy wire. It's safe, but it should be replaced. We can go fix
that right away, but obviously if we are denied today, it makes no
sense to fix the guy wire, because the tower's no longer going to be a
permitted tower.
So Renda Broadcasting, upon learning of the requirement,
immediately took care of that, and the tower is, in fact, safe, and that
information is in your packet.
Your -- as your staff report indicates, it is the county's desire
through the Land Development Code to co-locate towers on a single
parcel of property when that can occur. So this is the situation that
your code speaks to. It says, we want you to have multiple towers on
one single piece of property.
And putting aside the history fact, if I were a new tower, you
would -- your code would say, put the tower on this piece of property.
So the code really wants the tower to be located there. We're trying to
get the correct permit for the tower to be there in the first place. And,
again, from a historical standpoint, the reason the tower was proposed
to be removed is because it couldn't handle the load that was going to
be on there.
Now, since the radio antenna is on the newer tower, the older
tower can accommodate FLO TV and a few other users and the FBI
without any real structural upgrades. So that tower makes economic
sense to keep at this point. It didn't back when the original approval
was approved.
Page 98
April13,2010
Your Planning Commission heard this petition, took the property
owner to task on a lot of -- on several issues, including the safety
issues related to the tower, and recommended approval of the
conditional use. Your staff is recommending approval of the
conditional use.
And I think what you have to look at is, who is the petitioner?
The petitioner is Renda Broadcasting. Renda Broadcasting has been a
good corporate citizen in Collier County. Renda Broadcasting owns
WGUF FM and WSGL FM. WGUF dedicates over 25 hours a week
to just Collier County issues, so it's a local radio station and an
important aspect of Collier County, and I think most of the
commissioners have actually probably been on a radio show or two
involving GWUF to get different important aspects of Collier County
news out to residents in Collier County.
So it's been around a while. They've been a good corporate
citizen. They're involved in many charitable events. They also playa
vital role when there's an emergency, such as a hurricane that's coming
along. They immediately start providing broadcasting to the residents
of Collier County to get the word out and to supplement the services
of Collier County.
So Renda Broadcasting has been a good corporate citizen.
They're asking you to allow them to get the right approval for the
tower to stay. They've already shown you that they're committed to
making sure that they provide the required inspections and that they'll
do what it takes to make sure that those towers meet your code.
They're committed to doing that.
We're asking that the Board of County Commissioners follow the
recommendation of the Planning Commission and the
recommendations of staff and allow the second tower to stay, and then
we'll take care of the one guy wire. We'll replace that as quickly as
we possibly can. Our goal would be to bring out the crews that
installed it in the first place, since they're familiar with the tower, to go
Page 99
April13,201O
ahead and replace that guy wire.
You've heard a lot of the details of this petition before, and I'm
here, and so is Mr. Renda, to answer any questions you may have
regarding this particular tower.
CHAIRMAN COYLE: Okay, thank you.
Do board members have any questions? Commissioner Halas?
COMMISSIONER HALAS: When this tower -- ifthis gets
passed, if this tower gets passed, I'd like a report when this guy wire is
going to be repaired and also the date that it was repaired.
MR. YOV ANOVICH: Sure. We'll be happy to --
COMMISSIONER HALAS: Okay.
MR. YOV ANOVICH: We'll provide the information to the
commISSiOn.
COMMISSIONER HALAS: I'd like that very much.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yeah. Could you tell me what you
meant when you said we're trying to get the correct permit?
MR. YOV ANOVICH: Well, in order to have a tower of this
type, you have to have a conditional use for it. There's the conditional
use for the newer of the two towers, and when that was approved, as
you know, one of the conditions was to take the older tower down.
That didn't happen.
In order for the second tower, the older tower to remain, we have
to go through the conditional use process, and that's what we're doing.
We're going through the conditional use process and the analysis that
was done. It's not going to adversely affect the neighbors. It's got to
be safe. Is it the right location? As I said, your code encourages
having multiple towers on one parcel of property.
So we've gone through the conditional use analysis. It's hard to
ignore the original approval. But if this were a brand new application
and I were to ask you to build a new tower, I think your code would
say, this is where the tower ought to be, go forward and build the
Page 100
April13,201O
tower. And that's what I mean, we need the appropriate retroactive
approval, if you will, Commissioner Fiala.
COMMISSIONER FIALA: I went -- I took it upon myself to
talk with a couple of the neighbors in the area and residents along that
area and, quite frankly, nobody had a problem with it. I just -- I just
want you to know that.
MR. YOV ANOVICH: Thank you.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: That's -- that will be for staff when
we get to that point.
CHAIRMAN COYLE: Okay. All right. Are you finished with
your presentation?
MR. YOV ANOVICH: Yes, sir.
CHAIRMAN COYLE: Okay. Then staff can answer your
question right now.
COMMISSIONER HALAS: Okay.
MS. GUNDLACH: Good afternoon, Commissioners. I'm Nancy
Gundlach, principal planner with the Department of Zoning Services.
And as previously stated at our last hearing, staff is recommending
approval of this conditional use for the tower.
And I just wanted to clarify for the record that the structural
report did pass inspection.
COMMISSIONER HALAS: Okay.
MS. GUNDLACH: So--
COMMISSIONER HALAS: Has there been anything else that
needs to be brought to our attention that wasn't discussed at the first
hearing of this petition?
MS. GUNDLACH: No.
COMMISSIONER HALAS: Okay. Everything else still stands?
MS. GUNDLACH: Yes.
COMMISSIONER HALAS: Okay. And do we know what the
life expectancy of this first tower is?
Page 10 1
April13,2010
MS. GUNDLACH: We could ask the petitioner if they know.
COMMISSIONER HALAS: Okay. I thought maybe staff would
have an idea.
MS. GUNDLACH: Okay.
MR. YOV ANOVICH: Since we've kept the tower in good repair
and will continue to keep the tower in repair, we don't see any reason
why this thing can't last 60, 70 years, if not longer, through
appropriate maintenance and taking care of the tower.
I can't tell you today that it's -- you know, it's got X number of
years left. It's in good structural shape and we expect for it to last a
long, long time.
COMMISSIONER HALAS: Okay. The only question I have is,
was the -- at the time we heard the -- this particular item before -- it
was on the agenda -- was the guy wire then in disrepair?
MR. YOV ANOVICH: No. The guy wire's not in disrepair. It's
been fixed and it is structurally sound. What they're saying --
COMMISSIONER HALAS: No, no. You told me -- you started
off by saying, if we get this conditional use, we'll replace the guy wire.
MR. YOV ANOVICH: Well, the report says that it's structurally
sound and safe now, but the long-term fix it to replace that guy wire, if
I didn't make that clear. The long-term fix is to replace the guy wire.
It's safe now. There's no threat that the tower is not safe. They did a
repair. They made the repair, so it is safe.
COMMISSIONER HALAS: So there was a repair made
already?
MR. YOV ANOVICH: Yes, sir, prior to your hearing, yes.
COMMISSIONER HALAS: The first hearing or the second
hearing?
MR. YOV ANOVICH: It was before the first hearing, because I
believe the structural report was in your first hearing packet. So it was
-- it was -- it's been maintained, properly maintained.
COMMISSIONER HALAS: Okay. But it is in a situation where
Page 102
April13,2010
the guy wire has to be repaired?
MR. YOV ANOVICH: The longer-term fix is to replace that guy
wire. We're committed to doing that.
COMMISSIONER HALAS: Good. And that's what I said, I'd
like to know exactly --
MR. YOV ANOVICH: Right, exactly.
COMMISSIONER HALAS: What the guy wire -- okay. Thank
you.
MR. YOV ANOVICH: Okay.
CHAIRMAN COYLE: Any other questions?
(No response.)
CHAIRMAN COYLE: Is there a motion?
COMMISSIONER HENNING: I guess being brought back, any
commissioner can make a motion, right? Because I wasn't in the
majority. Motion to rescind the previous motion, and that would be
approve, this agenda item.
CHAIRMAN COYLE: Okay. We have a motion to approve this
agenda item, which is approving the tower. And is there a second?
COMMISSIONER COLETTA: I'll second it.
CHAIRMAN COYLE: Seconded by Commissioner Coletta.
Any further discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Okay. It passes 4-1, with Commissioner
Halas dissenting.
Page 103
April 13, 2010
MR. YOV ANOVICH: Thank you.
Item #8A
PETITION: PUDZ-2007-AR-11320, SEMBLER FAMILY
PARTNERSHIP #42, REPRESENTED BY ROBERT J. MULHERE,
AICP OF RW A, INC., AND R. BRUCE ANDERSON, ESQ., OF
ROETZEL AND ANDRESS, REQUEST A REZONE FROM
RURAL AGRICULTURE (A) ZONING TO MIXED-USE
PLANNED UNIT DEVELOPMENT (MPUD) TO BE KNOWN AS
THE MCMULLEN MPUD. THE 19.32 ACRE RURAL
AGRICULTURAL ZONED SITE IS PROPOSED TO PERMIT A
MIXED-USE DEVELOPMENT. THE PETITION ALLOWS FOR A
MAXIMUM OF 185,000 SQUARE FEET OF COMMERCIAL
DEVELOPMENT. THE SUBJECT PROPERTY IS GENERALLY
LOCATED ONE-HALF MILE EAST OF COLLIER BOULEVARD
(CR 951) ON THE RATTLESNAKE-HAMMOCK ROAD
EXTENSION, THE SOUTH ONE-HALF OF THE SOUTHEAST
ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF
SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA - MOTION TO CONTINUE
ITEM FOR TWO WEEKS - APPROVED
MR. OCHS: Commissioners, your next item is agenda Item 8A.
It was previously Item 17D on your summary agenda. This item also
requires that all participants be sworn in and ex parte disclosure be
provided by commission members.
It's PUDZ-2007-AR-11320, Sembler Family Partnership,
Number 42, represented by Robert J. Mulhere, AICP, ofRWI (sic)
Inc., and R. Bruce Anderson, Esquire, of Roetzel and Address,
requesting a rezoning from rural agricultural zoning to mixed use
planned unit development, to be known as McMullen MPUD.
Page 104
April 13, 2010
The 19.32 acres rural agricultural zoned site is proposed to permit
a mixed-use development. The rezoning petition allows for a
maximum of 185,000 square feet of commercial development.
The subject property is generally located one-half mile east of
Collier Boulevard, CR951, on Rattlesnake Hammock Road extension,
the south one-half of the southeast one quarter of the southwest
one-quarter of Township 14, Section 14, Township 50 South, Range
26 East, Collier County, Florida.
CHAIRMAN COYLE: And who pulled this one?
COMMISSIONER FIALA: I did.
MR.OCHS: Commissioner Fiala.
CHAIRMAN COYLE: Commissioner Fiala, could you ask any
questions?
COMMISSIONER FIALA: Would you like to --
MR. OCHS: Sir, we have to swear in and ex parte.
CHAIRMAN COYLE: Okay. All right. We -- everybody stand
who's going to provide testimony, and raise your right hand to be
sworn m.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN COYLE: Okay. We'll start off with ex parte
disclosures, and we'll start with Commissioner Fiala.
COMMISSIONER FIALA: Yes. I had some correspondence on
this item. I also spoke at length with staff, different staff members, I
also spoke with Karen Homiak of the Planning Commission, and I
think that was it.
CHAIRMAN COYLE: Okay. And Commissioner Halas?
COMMISSIONER HALAS: Yes. I had some correspondence
on this, and I talked with staff in regards to this as far as the disclosure
I have to bring forth today.
CHAIRMAN COYLE: Okay. And all I have are the Planning
Commission staff reports.
Commissioner Coletta?
April 13, 2010
COMMISSIONER COLETTA: Yes, sir. I have correspondence
on it, and I talked with staff.
COMMISSIONER HENNING: I have the Planning
Commission's agenda packet on this item.
CHAIRMAN COYLE: Okay, all right. Very well. We'll start
with petitioner's presentation.
MR. NADEAU: Good morning, Commissioners. For the record,
my name is Dwight Nadeau. I'm planning manager for RW A.
We have gone through the process with this petition. I think the
county administrator's explanation of what the intent of the project is
is sufficient for the purposes of my discussion. I know that
Commissioner Fiala had some additional concerns that may have been
a reason to pull this item off the summary agenda. We'd be welcome
(sic) to hear your concerns, try and address them for you today.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Okay. As you can see, I --
MR. NADEAU: Oh, excuse me. I do have with me -- I'm sorry,
Commissioner. I do have with me Mr. Tom Horais (phonetic) from
Sembler, who can answer any questions that you might have, as well
as make any commitments related to land uses which you may find
inappropriate. Thank you.
CHAIRMAN COYLE: Okay.
COMMISSIONER FIALA: Okay, right. Now, of course,
Sembler isn't going to keep this. They're not going to be building this.
They're selling this property. So I would appreciate when -- you
know, if you make some agreements, this all goes into -- you know, it
stays with the property forever and ever. Not that it disappears.
We've had things over the years where people have painted a
picture for us, and it's amazing when they sell the property how that
picture changes.
Many things in here alerted me actually. I had some red flags on
the field with one. For instance, you were talking about building an
Page 106
April 13, 2010
assisted living facility, or whatever, but it talks about care units. And I
-- we've been approving assisted living facilities here for ten years,
and nobody has ever, ever had to stay within a quarter of a mile of the
hospital before, never. And so it makes you wonder, okay, what do
they -- why? No other assisted living facilities must be within a
quarter of a mile of a hospital.
And then they consistently say, care units. I'm not understanding,
because care -- I started looking through, and care units can be many,
many things, such as a mental institution, a homeless shelter, and so
on and so forth.
And then over and over it says the quarter of a mile. Despite
staffs recommendation to the contrary -- and it says this many times --
staff says, this is inconsistent with the GMP, and I'll get on to that.
And the place next to it, the garden supply place and the builders'
supply, but it does not serve the general public. Why can't it serve the
general public? Not that I mind that very much if you want at the
make a garden supply place and so forth, that's fine, but is it that the
general public doesn't want to be too near this care unit? It made me
wonder about that.
As I went on -- oh, and it got -- personal service. Again, we're
getting into this care unit, understanding -- oh, then they talk about the
office space, and all of a sudden there were things understating -- the
existing potential office space could be increased to 267,000, and that
doesn't include any office space lying outside, which further adds to
this revised total. Now you're beginning to wonder what in the heck is
going on here.
Wide range of healthcare related uses calls in to the -- question
the validity of the entire study, it says here. Then we go on to talk--
mixture of -- here's -- this is interesting. Mixture of institutional senior
care. What is institutional senior care? What are they really building?
I want to tell you, when they did this soup kitchen here next door,
it was going to be an office building for lawyers. And after it was all
Page 107
April 13, 2010
said and done, they then turned it over to a soup kitchen.
CHAIRMAN COYLE: Well, that's pretty much one and the
same thing, isn't it?
COMMISSIONER FIALA: Bottom feeder? No, no, I'm sorry.
I'm sorry about that.
Anyway, so I begin to wonder. If it -- institutionalized senior
housing. You see --
COMMISSIONER HALAS: Alzheimer's.
COMMISSIONER FIALA: -- it's so busy saying all of these
other things that you begin to wonder what is actually going on.
Medical rehabilitation centers, care unit intensity. The staff continues
to have accuracy concerns with this whole study. And it goes on and
on and on.
I've probably told you much of this stuff, but what I -- what I
want to do -- and I just don't know how to go about doing this.
Personally, I don't even want to approve it because it -- there are so
many flags on the field for this one, I just feel something else is going
on here, and we do not know -- and of course, nobody ever tells us
until after the fact, until they sell it to somebody else.
Right now they're just trying to get the zoning on it so they can
sell it to whomever might be building something that then is
undesirable to us, and then we all have to live with it ever after,
especially all of those neighbors right there.
The only way I can even think of is to declare on this thing, no
detox centers whatsoever, no homeless shelters, no soup kitchens, no
mental institutions, no drug institutions, no alcohol institutions, no
institutions for the criminally insane, because all of these things could
have -- could well have fallen under there, and I still don't know if I've
caught all of them or not. It goes on.
I'll tell you, I went through all 483 pages of this thing. I didn't
play around with just a couple pages. And there're red flags all over.
Intensity of care units. Anyway, this is my concern, and I cannot vote
Page 108
April 13, 2010
for it.
MR. NADEAU: If! may try and explain a little bit,
Commissioner.
COMMISSIONER FIALA: Sure.
MR. NADEAU: First of all, a senior housing project of this
nature is permitted in any commercial zone within Collier County.
This being an activity center, it is, in fact, a commercial future land
use designation; therefore, continuing care retirement communities,
assisted living facilities, independent housing, the full range of senior
housing is permitted, permitted by right, because it's in an activity
center intended to be commercial.
Now, the proposed land use for the site is a modified continuing
care retirement community where there can be a continuum of service.
There will be, and we've worked very closely with Attorney Williams
in the attorney's office, as well as staff, as well as Commissioner
Homiak, to eliminate the obnoxious or presumably obnoxious land
uses in the petition, and we felt that we had it to the place where we
could stay on summary agenda.
We did receive a unanimous recommendation of approval from
both the Environmental Advisory Council as well as the Collier
County Planning Commission.
We're here to commit to you that the contract purchaser with Mr.
Horais is going to do a senior living facility. He is under contract.
He's already discussed this with me, and he wants to proceed and build
the campus for this facility.
It will mean jobs in the community, it will help out the residents
in the community who need this assistance. There will not be any
detox. There will not be any mental institutions. There will not be any
soup kitchens. There won't be any homeless shelters.
The commercial land uses that are permitted in this PUD are only
accessory to the principal offices of engineers or contractors. So that's
why it means -- why it says it's not open to the general public, because
Page 109
April 13, 2010
if an engineer -- let's just say a landscaper has an office there, he'll be
able to have some landscape supplies that he might be able to sell to
his wholesalers or maybe even to the general public, but that's
accessory to the office land uses that are permitted as commercial.
We set that aside. That's another development intent. The
development intent that Mr. Horais has a contract with is for a senior
housing project.
Does that provide any clarity, Commissioner?
COMMISSIONER FIALA: No. Senior housing project. Now
that -- you know, that all sounds nice and warm and cozy and fuzzy,
except, why does it have to be -- we've never had to have one located
a quarter of a mile from a hospital before, and that was strong criteria
throughout all of these pages that it had to be located. Why?
MR. NADEAU: Yes, Commissioner. In actuality the -- as I
stated a little early, the senior living is permitted in any commercial
zone, but there are provisions in the Future Land Use Element that
allows medical-related land uses, such as doctors' offices, diagnostic
centers, within that quarter mile band.
And Mr. Weeks and I, we debated for a while about it, and Mr.
Weeks defined the location of where the quarter mile offset was to be
measured from, and it provided the three plus -- plus or minus three
acres within the very comer of the property where those
medical-related offices could be. They wouldn't be allowed anywhere
else out of that little radius that you see on Exhibit C.
COMMISSIONER FIALA: Just on this property? I mean, we
have medical --
MR. NADEAU: Just on this property.
COMMISSIONER FIALA: -- offices all up 41 that aren't even
close to a hospital.
MR. NADEAU: Well, that's very true, but we have a new
primary care facility, and that provision of the Growth Management
Plan is afforded to us. We wanted to provide for that in our document.
Page 110
April 13, 2010
It might be that there'll be some people in the senior living facility that
might need those diagnostic facilities or even members of the general
public that might need these diagnostic facilities, but for the general
public, they can only be located in that short little area within that
boundary of the quarter-mile offset.
Now, ifit -- if the diagnostic center is for the exclusive use of the
residents of the senior housing facility, that's fine too. General public
can't go to a diagnostics facility outside of that offset.
COMMISSIONER FIALA: Let me just ask you one more
question.
MR. NADEAU: Yes, sir -- yes, ma'am.
COMMISSIONER FIALA: It doesn't seem like good planning
to have, as you say, a senior living facility, right next door to the
Swamp Buggy. That thing -- that's very noisy every single weekend.
Why would you locate a senior center right next door to a swamp
buggy race, and swamp buggy has that. We've approved their noise
ordinance. We know that's there every single weekend. It's not just
three times a year.
How would you locate a senior center right there?
MR. NADEAU: Well, in actuality, we have mitigating
conditions, Commissioner, that have been included in the PUD where
we are going to be using sound attenuating construction materials. We
will be providing disclosures. And actually we had a sound -- I don't
have any data to show you, but we had a sound expert out on the site,
and they did some readings on our property, and they were well below
the noise levels that are permitted anywhere else in the community.
And again, it is three times a year for the swamp buggy event.
And yes, they do have parties on the weekends and raves, but beyond
that, we're protecting ourselves by providing not only a buffer that we
worked out with staff, noise attenuation construction methodology --
basically it's double-pane hurricane glass that we probably want to
have in our senior housing project anyway, and it has a significant
Page 111
April 13, 2010
noise reduction or attenuation factor to it. So that glass can make it
less noisy by 31 decibels, which is very significant.
So we don't have any concerns, the contract purchaser doesn't
have any concerns about the swamp buggy facilities. So we feel that
we have that mitigated for.
MR. HORAIS: To answer -- for the record, Tom Horais, the
Sembler Company, 5858 Central Avenue, St. Petersburg, Florida.
You had mentioned, Commissioner, that there weren't any
carve-outs or prohibitions on, I think, no detox, no drug rehab, et
cetera. If I refer you to Exhibit A of the proposed ordinance, Section
20 and also the -- which is on Page 1 of 12.
COMMISSIONER FIALA: It only says overnight. It doesn't say
none.
MR. HORTON: It says foster care, crisis and attention care,
displaced adult care, homeless shelters, offender halfway houses,
spouse abuse care, substance abuse care, overnight detoxification
centers or facilities, and overnight drug rehabilitation centers or
facilities, and youth shelters are prohibited.
And if you refer to Page 3 of 12, there's additional prohibitions,
again, on overnight detoxification centers or facilities, overnight drug
rehab facilities. It's almost belts and suspenders, but I think staff did
an excellent job addressing the county's concerns with regards to
these, I guess, obnoxious uses, if you will, that were projected by staff
and the community.
COMMISSIONER FIALA: That's it for me.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: What about a mental health
center? I might need a place to go. Is that prohibited?
MR. NADEAU: Yes, Commissioner, it is.
COMMISSIONER HENNING: Okay. Well-- so I think you
addressed Commissioner Fiala's concerns on 20, and the key is they
are prohibited.
Page 112
April 13, 2010
MR. NADEAU: That's accurate, Commissioner.
COMMISSIONER HENNING: I can see where I might have
missed that key word prohibited on that.
Is there a reason why this particular language is in there? Is it
part of the uses in the group codes?
MR. NADEAU: No. Actually, Commissioner, it was a letter
that was -- a correspondence that was received from the Naples Lakes
homeowners association, and they had a list of uses that they did not
want to see in the petition, and they have been worked out with staff.
And the document that you have before you satisfies, in our opinion --
we haven't heard back, but satisfies those concerns.
COMMISSIONER HENNING: Okay.
MR. HORAIS: One thing to add to the required neighborhood
information meeting, we conducted two. Only one was required. No
one showed up from any -- anyone from the community outside of
county staff, planning department staff. And we still met with the
folks because we -- that's how we operate at the Sembler Company.
We're proactive. We're a neighbor also in the community, and this is
something that was important to the community, so we reflected it,
incorporated it into the proposed land use ordinance documents.
So whether Sembler is selling the property or chooses to develop
it -- which, you know, we're planning to sell it, but things change, as
we all know -- it's still embedded into the document so it runs with the
land regardless of who's developing the property. Just wanted to make
that point of clarification.
COMMISSIONER HENNING: And this is on the east side of
Collier Boulevard?
MR. NADEAU: Yes, Commissioner. It actually sits behind the
Hammock Park Commerce Center on the north side of the proposed
Rattlesnake Hammock extension, and this petitioner is also
responsible for doing roadway improvements as well as bridge
improvements for that extension for county/public benefit.
Page 113
April 13, 2010
COMMISSIONER HENNING: Right. Is there any
requirements for disclosures of the activities that the swamp buggy
runs?
MR. HORAIS: Yes. If you look in the proposed ordinance--
bear with me a second.
CHAIRMAN COYLE: Our ordinance?
MR. HORAIS: Our ordinance, yeah. I've got it right here. I
believe it was in the transportation section, from memory, which was
in Exhibit B.
COMMISSIONER HENNING: Exhibit Baker?
MR. HORAIS: I'm sorry. Exhibit E, I apologize, transportation,
subsection, I believe it's C under planning, Page 12 of 12, the last
page. It's -- reads, this statement shall disclose that the Florida Sports
Park -- I think there's a typo there. There should be an 0 after P, I
believe -- sport park and swamp buggy operations regularly generate
noise which can be heard on the PUD property both during the day
and into the evening, including but not limited to, noise from swamp
buggy racing, tractor pulls, festivals, and music concerts.
COMMISSIONER HENNING: Okay.
MR. HORAIS: I apologize on the typo. I had a draft --
COMMISSIONER HENNING: Our attorney's office, I'm sure,
will correct that before it goes to an ordinance.
And I appreciate Commissioner Fiala's concerns. Did we address
those?
COMMISSIONER FIALA: Somewhat. I still -- there's so many
more questions that I have, why staff opposed this repeatedly. It leads
to possibilty -- compatibility issues, and then they said, just because
the MUAC subdistrict allows mixed use does not mean that it is
appropriate to approve a development containing mixed use of such
disparate intensities.
COMMISSIONER HENNING: Well, if staff opposed it, it
shouldn't be on the consent or summary.
Page 114
April 13, 2010
COMMISSIONER FIALA: Well--
MR. NADEAU: If! may, there was a lot of history in this
petition. This was -- went through like seven different reviews. We
had three different staff members reviewing it over the course of the
petition.
There was a residential component that would have made it a
traditional mixed-use development with both a limited number of
residential units as well as the commercial opportunity. We withdrew
all residential land uses, and so the reason why it's a mixed-use
planned unit development today is that it provides for the institutional
senior housing land use as well as the commercial.
So the residential is gone, and we do have a finding of
consistency from the comprehensive planning staff. That's how we
were able to stay -- get on the summary agenda, in addition to the
other unanimous approvals that we've previously received.
CHAIRMAN COYLE: You finished?
COMMISSIONER HENNING: Yeah.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. When these notices were
sent out for the public meetings, being that this is an isolated spot, that
it's a little bit off of 951, how far did that circle reach to the other side
of951 where the neighborhoods are?
MR. NADEAU: Oh, it did, absolutely. We have a 500-foot
buffer that we're required to put around, and all of those associations --
and we make special note to notice -- excuse me -- notices to all the
individual property owners within that 500-foot buffer, and we also
specifically noticed the associations directly as a part that.
The location for our neighborhood information meeting was at
the Comfort Inn over in --
COMMISSIONER COLETTA: I appreciate that.
MR. NADEAU: Yes.
COMMISSIONER COLETTA: Once again, how many feet, 500
Page 115
April 13, 2010
feet?
MR. NADEAU: Yes.
COMMISSIONER COLETTA: Would 500 feet get you to the
other side of 951 from where this location is? I don't think it would.
MR. NADEAU: It was 1,500, I stand corrected.
COMMISSIONER COLETTA: Okay, okay. Now we're talking.
So you picked up what communities on the other side of 951 ?
MR. NADEAU: Well, certainly Naples Lakes, probably Sierra
Meadows.
COMMISSIONER FIALA: Not probably, which ones? Excuse
me. I'm sorry, I'm sorry.
COMMISSIONER COLETTA: And these--
MR. NADEAU: If! may.
COMMISSIONER COLETTA: Okay. And so what happened
was, is you went and you took the actual circumference line, and if it
went through the middle of the community, you picked everything
from the edge of that circumference line coming back towards 951?
MR. NADEAU: That is accurate.
COMMISSIONER COLETTA: Okay. And can you tell me, just
approximately, what portion of that (sic) communities on the other
side you picked up? Because, I mean, they're pretty sprawled out.
MR. NADEAU: I don't actually have an exhibit that can depict
that. I may -- do you have anything? I may have the affidavit of
compliance, and I may have the --
COMMISSIONER COLETTA: Well, let me help the direction
I'm going with this.
MR. NADEAU: Yes, please.
COMMISSIONER COLETTA: I just -- I just want to make sure
that the process of notification was complete enough. I know what's
required.
MR. NADEAU: Yes.
COMMISSIONER COLETTA: And the 1,500 feet is, in most
Page] ]6
April 13, 2010
cases, very realistic. You're going through -- but it goes right through
the middle ofa community. Was there also an effort to reach the
association for the community?
MR. NADEAU: Yes, sir. Yes, sir, absolutely.
COMMISSIONER COLETTA: Okay. In other words, if the
association of the community had it, they would disperse it to the rest
of the community?
MR. NADEAU: Absolutely correct.
COMMISSIONER COLETTA: So ifthere was any gaps with
our 1,500-foot boundary, we would have still covered it?
MR. NADEAU: Absolutely correct.
COMMISSIONER COLETTA: Now, when we held these
meetings, there was one of them, right, at the --
MR. NADEAU: No. We actually had two of them.
MR. HORAIS: Two of them.
COMMISSIONER COLETTA: Okay. And tell me what kind of
people showed up for them.
MR. NADEAU: None. Only staff.
COMMISSIONER COLETTA: When were these meetings
held?
MR. HORAIS: It was actually -- they were both held at Edison
Community College, and those were -- those were -- I attended both.
Nancy Gundlach was there and some other staff members from the
county and no one from the public showed up, except for myself, the
applicant representing Sembler Family Partnership, Number 42, and
county staff.
COMMISSIONER COLETTA: Do you have a copy of the
notice letter you sent out where you can put it on the visualizer? I'm
sorry to make you go through all this. I just want to make sure that
when we get down the line here that I have a comfort level with it.
MR. HORAIS: Absolutely.
COMMISSIONER COLETTA: And it was a little disconcerting
Page 117
April 13,2010
to listen about the discussion about staff having objections that may
have been resolved but still being listed within the paperwork supplied
to us, just as a point of reference. And I can understand why
Commissioner Fiala spotted that, found -- found some issues with that.
CHAIRMAN COYLE: You finished?
COMMISSIONER COLETTA: No. I haven't got my answer
yet, sir.
CHAIRMAN COYLE: Oh.
MR. HORAIS: I can't speak for staff, but, Commissioner, with
regards to that, I believe it's -- I think it's county protocol or policy to
actually enumerate, on a land use change and a rezoning change, the
historical application in its entirety, and I believe that's why some of
those references were made. It was almost like a -- it's like a
chronological, I guess, event, note-taking type of documenting
process. But I could -- I'm sure staff can speak to that and articulate
that better than I can. That's just been my experience on this
application.
COMMISSIONER COLETTA: I'm sorry. My -- this is
something -- did you get a certificate that these were mailed? Did you
get some sort of sign-off from staff that they recognized the fact that
they were mailed? If you can't find it, I don't want to cause you any
embarrassment of going through -- I know it's a pretty standard
document that's sent out.
MS. GUNDLACH: Commissioners -- good afternoon, Nancy
Gundlach, for the record, principal planner with the Department of
Zoning Services.
And we do receive affidavits that all of the letters have been sent
out to the neighbors, and I do have those.
COMMISSIONER COLETTA: Yeah, okay. And I was trying
to go with a line of questioning that might be able to bring some
comfort to Commissioner Fiala, because she had some issues that she
hasn't addressed fully. If for some reason she feels there's a void in
Page 118
April 13, 2010
this, if she'd like to continue it -- I know we want to get this done and
we want to put this all behind us. It's very important, as
Commissioner Fiala's got the district bordering on mine, which is
about -- maybe about a thousand feet away from where this is going to
be, and that's where all the residents live is on the other side of 951 in
that area.
So if she still has concerns and if she wants to have a little more
time to study it, I wouldn't have any objections with it myself.
CHAIRMAN COYLE: Okay. You finished? Okay. I'll try to
clarify some of those things, and I have the same -- some of the same
concerns both of you have.
But the question I asked was identical, why are you concerned
about the market study? And here's the answer that I obtained, that
when the GMP amendment was approved a few years ago, a market
study was submitted, reviewed, and deemed acceptable. But for this
zoning action, Comprehensive Planning Department did not ask for or
require a market study.
The market study was submitted at the request of the Planning
Commission. The comprehensive planning staff questioned the
market study, and despite the deficiencies, determined that the petition
could still be found consistent with the Future Land Use Element.
And the CCPC, having reviewed the market study, also unanimously
approved the petition. So it is confusing and it led all of us to have
some misgivings about what was going on here.
But I think it is true that Commissioner Fiala's questions have not
been answered as specifically as she wanted them to, and I'm referring
specifically to the issues about overnight treatment facilities.
Now, if you remove the qualifier overnight, do you have daytime
treatment facilities for drug users? Do you have a methadone clinic
that is there that people could come in and --
MR. HORAIS: No.
CHAIRMAN COYLE: -- get a shot?
Page II 9
April 13, 2010
MR. HORAIS: That's not the intent. Ifit would appease the
board, we can include day, overnight, I mean, the whole 24-hour,
seven-day-a-week cycle, for that prohibition without a problem. I
think that'd be a great recommendation, and it would clean up any
ambiguity now and in the future, long future.
CHAIRMAN COYLE: That was what Commissioner Fiala
specifically asked for, and she pointed out that, well, saying it can --
you're qualifying it as being overnight is prohibited, but what about
daytime and --
MR. HORAIS: It's a good point, it's a good point, and I think it
-- by carving out, you know, prohibition on seven days a week, 24
hours a day, I think that would make it crystal clear. That's a good
suggestion, yeah.
CHAIRMAN COYLE: Okay. And we don't have pawn shops
and tattoo parlors, right?
MR. HORAIS: Do not, do not.
CHAIRMAN COYLE: Okay.
MR. HORAIS: One other point of -- to answer Commissioner
Fiala's, one of her other questions -- because she had a lot -- the
proposed assisted living facility is basically -- it's kind of one of these
campuses that are all integrated, and you kind of age in place, if you
will. So you don't have to leave the property as your medical
condition and ailments increase, unfortunately.
So that's one of the unique things about this type of facility. It is
state of the art. You don't have to leave and go to another premise just
because they have different types of medical care treatments, et cetera.
So for aging in place, that's what it's referred to currently in the
industry. We think it's a wonderful thing. The buyer that we have is a
professional group that's done these throughout Florida. It's -- they're
telling us they're going to -- it's going to represent about 200 new jobs
to the area, which is pretty, we think, wonderful. And these are mostly
pretty well-skilled professional level type of new jobs adding to the
Page ] 20
April 13, 2010
database here.
And especially in this section of the county, things are, you
know, not as prosperous, unfortunately. So we think that's a good
thing.
CHAIRMAN COYLE: Okay. Commissioner Fiala, on the
visualizer there they have noted their changes. They've taken out
overnight in all cases to make sure it is clear that detox centers and
facilities and drug rehabilitation centers and facilities will not be
allowed in this area. Does that help a little bit?
COMMISSIONER FIALA: A little bit. Can you ask -- answer
me why -- we've never -- we've only had one other, such as an assisted
living facility or group, but that's the only other one that ever said
institutionalized group care or institutionalized senior care. All of the
rest of them talk about, you know, the grand living facilities and aging
in place and so forth. Why does this say institutionalized and the
other ones do not? Somehow that hits a wrong chord.
MR. NADEAU: In actuality, these would be institutional land
uses. Any senior living facility that would not be family care -- family
care is limited to 15 or less individuals. Care unit is just like a -- when
I say like a hospital, a hospital is an institution. These -- this would be
institutional care.
It's no different than any other senior housing project that you've
seen before, Commissioner. It just has the term institutional within it.
MR. HORAIS: I guess I'd ask the county attorney, is there any --
is that just a wordsmithing thing? I mean, does it add any more rights
taking it out versus leaving it in? Because if that appeases the board
to take it out because there's some ambiguity in it -- or is it a legally
defined term in the county's land use ordinance or statute?
MR. KLATZKOW: Well, I think that there may be enough
changes here where -- continuing this item so that we can get these
issues resolved, you know, we can come back at the next board
meeting if they're resolved, you know, might be best.
Page 121
April 13, 2010
I don't know that -- I mean, do you have to close next week? I
mean, is a two-week delay going to --
MR. HORAIS: Yeah. We're time sensitive. We've probably
added, I don't know, about two years to this approval longer than we
anticipated. As you know, the economy's deteriorating. If you read
Dr. Hank Fishkind's recent study, Lee and Collier Counties are the
slowest to recover, and he's projecting that 2014/2015.
We have a buyer in hand. We just don't have the requisite zoning
to allow this buyer to build this facility. And it would delay the
closing, and it could probably, possibly make that buyer go to another
location that is ready to go. So it is extremely time sensitive.
We felt, as an applicant, I mean, we're owners of property in the
community, have been for several years, and I think we've done a
good job trying to address everyone's concerns. And there's always
still issues that are hanging out there. And if it just comes down to
these few issues to make the board happy and the staffhappy, we'd
prefer to resolve it now, because time is of the essence for this
location.
MR. KLATZKOW: Well, unfortunately, I've seen a lot of these
things resolved on the floor where years later we've missed something;
which is why I'm always reluctant to do that. I mean, you need four
votes here. I mean, you know, I think if you put this over two weeks,
we can sit down and we can hash some of these issues out. But, you
know, if you want to put it to a vote now, that's your prerogative.
CHAIRMAN COYLE: Yeah. Could I go out on a limb just a
little bit here?
The term institutional sometimes conjures up images of an
institutional facility for the criminally insane, and I know that's an
exaggeration.
COMMISSIONER FIALA: No, it isn't. It was rumored to be
there.
CHAIRMAN COYLE: Okay, okay. Then that needs to be
Page ] 22
April 13, 2010
clarified, and we need to be very clear about that. And I don't think
you'd get a vote on this commission if that is a possibility.
MR. HORAIS: It's not a possibility, never has been a possibility,
and you can insert that prohibition on that exact -- what you just said.
CHAIRMAN COYLE: Well, how about the insane who are not
criminally -- or not dangerous? You see, I chose the extreme to
illustrate the issue.
MR. HORAIS: Right.
CHAIRMAN COYLE: But I have a feeling that's what is
causing this concern. And ifthere's a way to deal with that, I think
we'd get a long way down the road to resolving this issue.
MR. NADEAU: Mr. Chairman, I'm prepared to purge the
document of the term institution.
CHAIRMAN COYLE: Okay. I don't know if that still-- if that
still would solve that problem or not.
MR. KLATZKOW: I hate doing these things on the fly like this.
CHAIRMAN COYLE: Yeah, I know. Yeah.
MR. KLATZKOW: I mean, we've gotten burned before when
we tried to rush something.
CHAIRMAN COYLE: Yeah, yeah. I think it would be in your
best interest to try to give us two weeks and sort this out.
MR. HORAIS: Yeah. Again, our preference is not to, but if
that's what the board's recommending -- the adjacent property owner
to us, I believe last October, I believe received a rezoning approval for
a similar -- and I've read that document. And, you know, with all due
respect, I don't know what the concerns are with this particular
location versus that, which the property lines touch.
I mean -- and I think those same words that you-all are occurred
with -- which are valid concerns, no question about it -- are not
contained in that document. So I'm just -- I'm wondering, just need to
know the answer, that's all, the genesis of it, that's all.
CHAIRMAN COYLE: Well, I'll let the county attorney provide
Page 123
April 13, 2010
us one last bit of advice.
MR. KLATZKOW: I would continue this so we make sure that
it gets done right. I mean, you know, Commissioner Fiala has some
significant concerns here, and I think they should be addressed.
CHAIRMAN COYLE: Okay. All right.
MR. HORAIS: We'll accept the two-week continuance, I mean,
as long as we can kind of grocery list, if that's okay, in this public
hearing format, all the issues so we can, you know, deal with them
with staff appropriately and make sure there's no gaps and gores, as
the county attorney suggests, which is a good suggestion, so we don't
have to come back and then maybe there's new issues, and then it just
keeps continuing, would be our request.
CHAIRMAN COYLE: Okay. I don't think it would be our
intent to try to string you out on this thing. We understand the need to
do the deal whenever you can. So I think we'd be willing to try to
help you do that.
MR. HORAIS: We appreciate that.
CHAIRMAN COYLE: Is there a motion to continue this item
for two weeks?
COMMISSIONER COLETTA: Motion to continue.
CHAIRMAN COYLE: Okay. Motion to continue by
Commissioner Coletta and second by Commissioner Fiala, right?
COMMISSIONER FIALA: Okay.
CHAIRMAN COYLE: Is that okay?
COMMISSIONER FIALA: Yeah.
CHAIRMAN COYLE: Okay. Any further discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
Page 124
April 13, 2010
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: Okay. It's unanimous. It will be
continued for two weeks, and we hope to make a final decision within
-- when it comes back to us.
MR. HORAIS: Thank you.
MR. NADEAU: Thank you.
CHAIRMAN COYLE: Okay. Thank you.
Item #10C
RECOMMENDATION TO REVIEW AND APPROVE PROPOSED
LANGUAGE TO BE ADDED TO COUNTY MANAGER'S
AGENCY POLICY (CMA) 5311, CODE OF ETHICS,
REGARDING EMPLOYEES WHO SERVE ON NON-PROFIT
BOARDS THAT RECEIVE DIRECT OR INDIRECT FUNDING
FROM COLLIER COUNTY - MOTION TO BRING THIS ITEM
BACK WITH LANGUAGE TO CLARIFY THE BOARD'S
POSITION - CONSENSUS
MR. OCHS: Commissioners, that takes us back to Section 10 on
your agenda, county manager's report. Item 10C was formerly Item
16E3. It was removed from the consent agenda by Commissioner
Coyle.
It's a recommendation to review and approve proposed language
to be added to the county manager's agency policy 5311, code of
ethics, regarding employees who serve on nonprofit boards that
receive direct or indirect funding from Collier County.
CHAIRMAN COYLE: Okay. Since I was the one who pulled
this, I felt that the policy that was being suggested was really
Page ]25
April 13, 2010
permissive, and it essentially says, yeah, you can do these things if --
if you get authorization to participate in another -- I just don't feel that
there should be any latitude with respect to an employee serving on
the board of an organization, or perhaps in any capacity, an
authorization that receives funding from the Board of County
Commissioners.
There is the perception among the public that doing that gives
those people, those organizations, access to county employees, staff or
commissioners, that is a level of access that the general public does
not enjoy, and I think it is a big mistake.
I think our auditors made this observation in their annual audit. I
don't think that we should make any exceptions to that rule, and it
should be just as clear as our ethics ordinance is. So that's the reason I
pulled it.
And rather than wording that says, employees must obtain
authorization from the county manager to do this, I would prefer
something simple like, employees may not serve in any capacity for
an organization that receives direct or indirect funding from the Board
of County Commissioners, including grant funding. And it's just real
clear, and everybody knows what it means.
And now, the staff and the county manager have informed me
that that means that some employees who serve on, perhaps, the
United Way or the Red Cross or that sort of thing will no longer be
able to serve in those capacities, and I don't know how to resolve that.
I don't know how important it is for the government to have people
serving in those organizations.
I have a feeling they could get along pretty well without us, and
we certainly have enough for our employees to do to devote full time
to our business on county business. So basically that's my position on
it.
And, Commissioner Halas, were you first?
COMMISSIONER HALAS: I believe so.
Page 126
April 13, 2010
CHAIRMAN COYLE: Okay.
COMMISSIONER HALAS: That's some of the concerns I have.
I believe that when people like Jim DeLony and Mike Sheffield
volunteer to work with the community in regards to United Way, I
think it's beneficial. I think it's a good thing, and I don't think it's
anything that causes any discomfort with me. But that's -- again, this
is just my opinion on this, so I'm willing to hear what others have.
But I think that we're all here in a -- in regards to the community,
and I think we all like to make sure that we're good neighbors. And if
we can offer our talents, I think that's beneficial for all of us in the
community.
CHAIRMAN COYLE: Thank you.
Commissioner Coletta?
COMMISSIONER COLETTA: Commissioner Halas, I actually
agree with you on this. You're right. I feel the same way. I don't
know how we'd ever be able to run an effective United Way campaign
if we didn't have an appointed person working directly with the United
Way.
And I'm sure there's other examples out there. I hate to get to the
point where we're so restrictive we become an entity on ourselves -- of
ourselves and we can't serve as we should. You know, we're still a
corporate entity out there.
We have how many employees, 1,200?
CHAIRMAN COYLE: 1,451.
COMMISSIONER COLETTA: 1,451? Does that include
Commissioner Coyle?
CHAIRMAN COYLE: 1,514, I'm sorry.
MR. OCHS: No, no, no. Yes, sir.
CHAIRMAN COYLE: It's 1,514.
COMMISSIONER COLETTA: 1,514 employees. We're
probably what, about number six or seven in the county as far as the
number of people we employ?
Page 127
April 13, 2010
MR. OCHS: We're a large employer, yes, sir.
COMMISSIONER COLETTA: Yeah. And we have to accept a
certain amount of community responsibility over and above what we
do up here on the dais. So I'm not really in a hurry to upset the whole
apple cart.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: When did we give funds to
United Way? I mean, we raise money for them, right? Do they
receive any --
MR. OCHS: Yeah, Commissioner, that's probably not the right
example because we don't directly --
COMMISSIONER COLETTA: We don't.
MR. OCHS: -- or indirectly fund United Way.
COMMISSIONER HENNING: Right. So what's the problem?
MR. OCHS: No. I think it's a larger discussion about some of
those agencies. I'll give you an extreme example, but maybe not so
extreme. If you're talking about serving in any capacity, both
volunteer and as a member of a board, if you wanted to volunteer to
do a Habitat project one Saturday, you know, you fund Habitat
through your CDBG Grant.
So, you know, an employee technically, under that scenario,
Commissioners, would not be able to volunteer and work for Habitat
that day.
So if you want to limit this just to formal service as a member of
a board of directors as opposed to, you know, a volunteer, that would
be a distinction that would allow for that kind of volunteer service.
CHAIRMAN COYLE: I could deal with that.
COMMISSIONER HENNING: Yeah, that's reasonable.
CHAIRMAN COYLE: Yeah. I could deal with that.
Commissioner Fiala?
COMMISSIONER FIALA: Well, I was going to ask the same
question as Commissioner Henning about United Way. I didn't think
Page 128
April 13, 2010
we funded them either, and so I couldn't see any problem with that.
But I like this solution, the way we're going.
CHAIRMAN COYLE: Yeah. I can live with it. I understand
the distinction between a volunteer and someone who is in a
decision-making responsibility on the board. And if we were to
rephrase my original statement, employees may not serve on the board
of any organization that receives direct or indirect funding from the
Board of County Commissioners, including grant funding.
Does that make better sense for you?
COMMISSIONER COLETTA: Yeah, that's fine.
COMMISSIONER FIALA: Yeah, that makes sense.
CHAIRMAN COYLE: Okay. Then that leaves the employees
free to volunteer for what they want to do. We -- I just don't want to
see them in a position of making decisions about getting money from
the Board of County Commissioners that they, in turn, would have a
voice in spending.
MR. OCHS : Yes, sir.
CHAIRMAN COYLE: And that's just a dangerous thing to get
involved in.
MR.OCHS: We agree.
CHAIRMAN COYLE: Okay, okay.
MR. OCHS: There's some collateral fallout, but, you know, we'll
deal with that if the overriding concern is, obviously, make sure there's
no perception on the part of the public that members of this
organization that are serving on a board have some kind of inside track
or undue influence. We don't want any of that certainly.
CHAIRMAN COYLE: Yeah. Let me ask for clarification on
one thing. The statement I threw out here is relatively simple, but is
there a way to phrase it in a way that applies to any position with one
of those organizations that might involve soliciting or spending money
from the Board of County Commissioners, including grant funding?
In other words, we're saying you can't be on the board. Well, the
Page 129
April 13, 2010
board could probably designate a project person who would make
decisions about spending some of the money or even someone who is
involved in soliciting money or requesting grants. So, you know, my
objective is to keep an employee -- a county employee from being --
from working both ends of the thing. Okay.
MR. OCHS: Right.
CHAIRMAN COYLE: Now, ifthere's a way to wordsmith it to
solve that problem, I think that would be better, but.
MR. OCHS: If you'd like, we can go back to the drawing board
and work on that and bring this back one more time.
CHAIRMAN COYLE: I think that would be good. That way the
board would understand exactly what language we're talking about.
MR. OCHS: Yes, sir.
CHAIRMAN COYLE: Could we do that? Okay.
Now, yeah. Commissioner Halas, I think, was first.
COMMISSIONER HALAS: Yes. How would this affect
monies we give to EDC, and how do we interface with that?
CHAIRMAN COYLE: Well, I think it would have to be a
situation where the person -- I don't know that EDC -- that anybody
volunteers for the EDC, but it should -- we should not have an
employee sitting over at the EDC figuring out how to spend the
money that the Board of County Commissioners gives them.
COMMISSIONER HALAS: Yeah, but that could be the board
of -- somebody on the Board of County Commissioners, too?
CHAIRMAN COYLE: Yeah, it could be me, you know, but
that's -- but that's not what's happened, because what we have is an
advisory or a committee that doesn't have board authority there for
spending money or allocating funds or even approving the submission
of a request for budget.
But it's something we need to be cognizant of. We have to be
careful about it.
MR. OCHS: That's why I'd like to go back and work through all
Page ] 30
April 13, 2010
of the individual circumstances. Bring you back a proposal.
CHAIRMAN COYLE: Okay. Do we have three nods?
COMMISSIONER COLETTA: Yeah. If I may?
CHAIRMAN COYLE: Yeah, sure, go ahead.
COMMISSIONER COLETTA: Yeah. There's nothing new
here. I can remember when I became a commissioner in 2000, before
I became a commissioner, I talked to David Weigel, and we discussed
at great length my involvement in many organizations where I did
serve on the board. And he advised me at that time to resign my
position, maybe attend the meetings and everything, but make sure I
was no longer a voting member, that I made no decisions, because if
they ever brought an item before the commission, which eventually
these organizations all will, then you would have to excuse yourself,
and you would, effectively, be taking an organization that you want to
help, and you'd be at a point where you would serve no purpose at all
to them. You've have to excuse yourself from voting, from the
discussion and everything else that takes place. So what I did is I
dropped off all of them.
But I just want to make sure there's no misunderstanding. We're
not talking about me volunteering my time for Catholic Charities,
some of their events, Florida Sports Park or the fair where I go as a
worker to be able to be there. And I know, Commissioner Fiala, I've
seen you before with the Kiwanis helping at the ticket sales there at
Florida Sports Park.
Instances like that, that does not apply? We still have people out
there that can interact with these different nonprofits in a meaningful
way as volunteers. They just can't make the decision on how the
money's spent or the direction that they're -- take a position of
authority that would, in any way, compromise themselves; is that what
we're saying, sir?
CHAIRMAN COYLE: That's the intent.
COMMISSIONER COLETTA: I'm 100 percent there. Always
Page 131
April 13, 2010
have been.
CHAIRMAN COYLE: Yep, okay. Except, I would like to put a
clause in there that prohibits the solicitation of funding for limerock
roads.
COMMISSIONER COLETTA: To be honest with you, sir, the
solicitation of funds is not a bad idea, too, just so -- no, really. So we
don't get into that problem, I mean, amongst us own commissioners.
How many times have you been asked to make phone calls to be able
to reach out to the general public for different organizations and ask
for funds? That can be a problem. And I've always refused because of
the fact that I was told that it could be considered a gift, even though it
doesn't directly come to me.
CHAIRMAN COYLE: Yep.
COMMISSIONER COLETTA: But that's been a personal
policy. I don't know if you want to incorporate that into it or not.
CHAIRMAN COYLE: Okay.
MR. OCHS: We'll bring this back, sir?
CHAIRMAN COYLE: Yes.
MR. OCHS: Three nods?
CHAIRMAN COYLE: We've got three nods.
MR. OCHS: Thank you.
CHAIRMAN COYLE: Thank you very much.
COMMISSIONER COLETTA: Sir.
CHAIRMAN COYLE: Oh, I'm sorry. You wanted to say
something, Commissioner Halas?
COMMISSIONER HALAS: Yeah. Also we have to make sure
that we're not putting a stymie in this whole process where people,
either in the -- in Collier County that donate their time to non-profits
or commissioners, and then these non-profits come before the board
soliciting funds for a particular fair or event.
So again, you know, that's -- that puts another twist on things,
because then it would look like, well, that particular individual's
Page 132
April 13, 2010
coming before the board to look for funds to address a particular
event. So I think -- we've got to be careful what you're doing here so
that it doesn't lock everything up.
COMMISSIONER COLETTA: You're right.
CHAIRMAN COYLE: Okay. Where does that take us, 12-
Item #10D
RECOMMENDATION TO ADOPT AN AMENDING AND
SUPERSEDING RESOLUTION TO RESOLUTION 2001-316, TO
UPDATE AND CLARIFY THE CODE ENFORCEMENT
DIRECTOR'S AUTHORITY TO RECOMMEND SETTLEMENT
OF CODE ENFORCEMENT LIENS - MOTION TO BRING BACK
WITH OPTIONS - CONSENSUS
MR. OCHS: Takes you to -- takes you to Item 10D, which as an
add-on from your consent agenda, formerly 16A10. That's a
recommendation to adopt an amending and superseding resolution to
resolution 2001-316 in order to update and clarify the code
enforcement director's authority to recommend supplement of code
enforcement liens.
Ms. Flagg is here to present --
COMMISSIONER COLETTA: Well, if I could.
MR. OCHS: -- or answer questions.
COMMISSIONER COLETTA: I'm the one that pulled this.
MS. FLAGG: Good afternoon, Commissioners. Primarily the
revision to the resolution is that previously I had the authority under
the current resolution to waive liens that are $15,000 or less. What the
practice has been is that I bring them to you because it's the board's
asset.
And so the -- any liens that's going to require a compromise I've
been bringing to you and then letting you make the final decision.
Page 133
April 13, 20] 0
So what this resolution does is it just brings it into the format that
we're currently using. If the lien is paid in full, then we go ahead and
release and record the lien. But any liens that require a compromise in
the lien amount, we bring to you.
Based upon this morning's earlier discussion, in the desire to treat
folks the same irrespective of who owns the property, one of the
things that we would propose is that for properties that are newly
acquired, that the property would be brought into compliance and the
fines for the number of days that the new owner own the property until
compliance was achieved is what they would pay. I'll say that one
more time.
So for properties that are newly acquired, that they would bring
the fine -- they would pay the fines for the number of days that they
own the property until the property is brought into compliance.
The benefit to this is that right now most of the properties that are
changing ownership are the banks selling the properties, they're
foreclosing on folks and then selling the properties, and investors are
buying the properties. The advantage of doing it that way would
continue to encourage the banks to abate the violation before they
actually take certificate of title, which is what they're doing now.
When we learned that a bank have filed a lis pendens on a
property, which is long before they take title to the property, they're
actually abating the violation.
So that would continue them -- would continue to encourage the
banks to abate the violations early rather than waiting until they took
title; likewise, it would also give the new property owner, whether it's
homestead or non-homestead, whatever their game plan's going to be
-- is the continued ability to negotiate with the banks on the purchase
price. Because typically the way the negotiations go is -- and people
are getting very smart about this because we've got it on our website,
we do a lot of community outreach telling, folks, if you're going to
buy a foreclosed home, make sure that you check and see -- have a
Page 134
April 13, 2010
property inspection done, make sure that there aren't any code
violations on it.
So property owners are getting property inspections. And what
this would do then also is for a potential buyer of a foreclosed
property, they could negotiate this with the bank and say, either you
fix it before you sell it to me, or if you sell it to me and I buy it
knowing there's a code violation on it, I want a reduction in price to
accommodate what I'm going to have to pay in fines to -- for the
amount of time it's going to take to bring it into compliance. So based
upon this morning's conversation, it's kind of what we developed.
And then finally for those current businesses and property
owners in Collier County, that once they come into compliance, then
we would make a recommendation to you-all to waive the fines if
there's any due.
CHAIRMAN COYLE: Commissioner Coletta, was that -- did
you have anything or not?
COMMISSIONER COLETTA: Yes, I did, sir.
CHAIRMAN COYLE: Okay, go ahead.
COMMISSIONER COLETTA: Yeah. And I pulled it. Diane, I
think you're a lot closer to where I need to be. I don't know if we can
get there all today in one big jump. I don't know if everybody would
feel comfortable without having it incorporated into an agenda
package.
What I'd like to do is have you bring it back, if my fellow
commissioners agree, incorporating that part of the language into it.
CHAIRMAN COYLE: Yeah. If! could jump in very quickly.
I'm all for bringing it back because I think we need to see the
completed product, but remember that there are a number of
commissioners here who believe that we need to get enough money to
cover the costs of the administration and all of that sort of thing.
Now, I don't -- I really wouldn't like to see a situation where you
have to keep track of the hours spent on each one of these items but,
Page 135
April 13, 2010
you know, we could at least set the fine high enough. I think there
should be a fine associated with these things because somebody's
responsible, but it shouldn't be so punitive that it's going to cause the
problem of getting this piece of property back on the market and
getting it sold, okay?
MS. FLAGG: Let me -- I appreciate--
CHAIRMAN COYLE: And I don't want to solve it right now.
But I'm just supporting Commissioner Coletta's idea of getting this
back to us as quickly as possible in a completed form, okay?
MS. FLAGG: Let me just offer, I neglected to mention that
operational costs are included in every case, and we don't waive --
ever waive operational costs.
CHAIRMAN COYLE: Okay. That sounds good.
Commissioner Halas?
COMMISSIONER HALAS: Yeah. You touched upon a
situation that is near to me because I look at large corporations that
foreclose on these homes, and then they come in here looking for a
price break. And I believe all of the funds that we use to process this
case comes out of Fund 111.
And I have concerns that the end result, large corporations,
banks, whatever, trusts or whatever, they have the means to come up
with the funding. And if we come up with a shortfall, then, of course,
it ends up on the backs of the taxpayers here. And someplace or
another we've got to make good, because we can't run a budget in the
hole.
And I want to make sure that all of the time and effort by you,
your staff, by the magistrate, all people that are involved in this thing,
the price of gas, the depreciation of vehicles, you name it, is all
incorporated so that the taxpayers are getting a fair share for people
who are violating our codes and then basically thumb their nose at us
for as long as they can until we take the process to the magistrate, and
then we start collecting fines.
Page 136
April 13, 2010
And as a situation this morning, the bank knows exactly what's
the -- incurred on this property before they take over. And
furthermore, they are a co-owner of this property until at such time as
the mortgage is paid.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: I was reading during my lunch
break that an AIG executive made $2.7 million.
CHAIRMAN COYLE: Is that all?
COMMISSIONER HENNING: Yeah. Of course, we had Cash
for Clunkers, and Ford made 30 percent on their sales. So what do
you do?
CHAIRMAN COYLE: Yep.
COMMISSIONER HENNING: You get government out of
private business.
COMMISSIONER COLETTA: Motion to continue this until the
next meeting.
COMMISSIONER HENNING: Second.
CHAIRMAN COYLE: Well, are we going to continue, or are
we just going to direct staff to come back with a final report
incorporating the board's concerns? How does that sound?
MR. OCHS: I'd imagine we'll bring you back some options,
because I'm not sure I see consensus on the board about the issue of
fines. We know you-all want to recover all of our hard costs, but there
seems to be varying opinions about whether we want to collect fines
against just certain entities and not others or not, so we'll bring you a
menu and you can tell us what you want.
COMMISSIONER COLETTA: Do you need a motion?
CHAIRMAN COYLE: I don't think we need a motion for that,
do we?
MR. OCHS: No, we just bring it back.
CHAIRMAN COYLE: Okay. Let's do that. It's time for a break.
COMMISSIONER HENNING: What?
Page ]37
Apri113,2010
CHAIRMAN COYLE: Yes. We'll be back here at 2:42. Give
us time for another cookie.
(A brief recess was had, and Commissioner Coletta and County
Attorney Klatzkow were gone for the remainder of the meeting)
CHAIRMAN COYLE: Okay. County Manager, where do we
go now?
Item #10E
REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS
AND CHANGES TO WORK ORDERS TO BOARD-APPROVED
CONTRACTS - APPROVED
MR. OCHS: Commissioner, you're on Item lOE. That was
previously 16E6. This was moved at Commissioner Henning's
request, and this is invoices --
CHAIRMAN COYLE: Invoices.
MR.OCHS: -- invoices. It's a report and ratify staff-approved
change orders and changes to work orders to board-approved
contracts.
CHAIRMAN COYLE: Okay. Commissioner Henning, do you
want a staff presentation or --
COMMISSIONER HENNING: Yeah.
CHAIRMAN COYLE: Okay.
COMMISSIONER HENNING: On each item.
CHAIRMAN COYLE: All right. We will be in recess for the
next 45 minutes.
COMMISSIONER HENNING: Item 13, I believe, is on the first
batch. It's a project, the Goodland boat park. I can't read the project
number. For the RFP, it's 05-3842. This is for Johnson's Engineering.
The change amount is $36,616.64, and it's the same amount and same
RFP as 16B6 for the same reason. I'm just wondering if that was an
Page 138
Apri113,201O
error or we need to pay him twice.
MR. CARNELL: 16B6, sir?
COMMISSIONER HENNING: 16B6.
MR. CARNELL: On the agenda. I need to see what the item is.
COMMISSIONER HENNING: No, I'm sorry. Not -- it can't be
16. I'm sorry. I was looking at that one. I had that one tagged. 16
David 6.
MR. CARNELL: Yeah, okay, 16D6. No, sir. I think you've got
a -- I think we've got a duplicate entry. We're getting this one double
approved, not double paid. But it's being -- it was submitted on the
agenda. What, I believe -- and for the record, Steve Carnell,
purchasing director.
This is same transaction, and I assure you it will only be paid
once.
COMMISSIONER HENNING: Okay.
MR. CARNELL: It just got double reported. It shouldn't have
been on the administrative report if it was on the agenda.
COMMISSIONER HENNING: Does it need to be approved
twice?
MR. CARNELL: No, sir, no, sir.
COMMISSIONER HENNING: Should we reconsider 16D6?
MR. CARNELL: I don't think -- Scott, I don't believe it's going
to do damage. It's just the same item. I don't think it's going to do any
harm to approve it twice.
MR. TEACH: No, I agree. I think the item can only be paid
once. We only have one invoice on this one. So I don't think there's
any harm, Commissioner.
COMMISSIONER HENNING: Okay.
MR. TEACH: And the record will reflect that this item is only
going to be invoiced and paid once.
COMMISSIONER HENNING: The second batch, second batch
of change orders or modifications, Item 10 -- and this is the Old U.S.
Page 139
April 13, 2010
41 stormwater improvements, project number 511331. The original
contract was $16,750. With the -- of course, this is not a change. It's
a change in time.
MR. CARNELL: Yes, sir.
COMMISSIONER HENNING: But now the contract is $104--
CHAIRMAN COYLE: $104,000.
COMMISSIONER HENNING: -- $104,267.80. Now, you have
to change the scope of time because so much work was added. My--
I mean, I really have a concern of -- I guess it appears that the person
that is managing this contract had no idea what this -- the scope was
going to be when we originally submitted the work order.
MR. CARNELL: Yeah. Just for the record, we are talking about
the Old U.S. 41 stormwater improvements, and I don't believe that
time is necessarily tied to the additional work with the consultant. It
mayor may not be. But the description here is that we're adding time
for the engineer to provide -- to inspect the contractor's work. I
believe we had an extension on the construction there. And when we
have -- in this case, the engineer's hired to inspect work of the
contractor.
COMMISSIONER HENNING: Right.
MR. CARNELL: And if we give the contractor more time, we
have to give the engineer more time. Not necessarily more money, but
more time.
COMMISSIONER HENNING: Okay. Well, I guess then my
concern is, I would -- this is, what, 800 percent more than the original
contract?
MR. CARNELL: Yes. And that one -- Norman, I don't know if
you can help me on this in terms of the detail here. This is the fifth
change. There were four previous change orders that did involve
scope changes that were reported to the board previously. I don't
know what they are in detail. They may very well have been phased
work, work that we did not negotiate or cost out initially. I don't know
Page 140
April 13,2010
if you can add any light to that, sir.
MR. FEDER: Yes. I believe that first was a feasibility to look at
the nature of the workload, activities in there, and then we also
worked with the state and with Bonita Springs in that area.
COMMISSIONER HENNING: I'm sorry. I didn't hear you.
MR. FEDER: The state and City of Bonita Springs, but initially
it was set up as a feasibility to find out what the workload demands
were, and then to scope it out in a phased development project.
And as was pointed out by Steve, the added time was because we
had them also do the CIE and stay on for the construction portion.
COMMISSIONER HENNING: Right. Well-- so it was just a
study, and then it turned into the actual overseeing of the project?
MR. FEDER: Yeah. It's, first of all, a study to see what the
scope of the project would need to be and to define that, and then it
went through to development.
COMMISSIONER HENNING: Why wouldn't you open up a
different work order, because I mean, the general public takes a look
at this of -- 800 percent increase?
MR. FEDER: Understood.
COMMISSIONER HENNING: And then my last one is number
eight of the first one. It's -- let's see. Project name is Physicians Led
Regional Access Network, bid 10-5428. Does that -- that ten stands
for 2010?
MR. CARNELL: Yes, sir.
COMMISSIONER HENNING: Okay. And originally, it was --
it was to be invoiced, and now we're just paying them -- giving them
$25,000 a quarter?
MR. CARNELL: No, sir. What original-- this contract with the
Physician Led Access Network is for $50,000 for a 12-month period
of time. And in the original contract language, invoices were to be
submitted on a quarterly basis and there wasn't any prescribed amount
of payment. It just simply said that the provider, PLAN, could invoice
Page 141
Apri113,201O
the county on a quarterly basis with a limit of $50,000 over 12
months.
And what's happened here is an amendment has been processed
to allow monthly draws or monthly payments, and the first draw is
$25,000, which is about -- which is half of the contract amount. And
this was done in negotiation with the housing staff and PLAN based
on cash flow and other needs that operationally they had where
essentially half of the money is paid in the first month, and then the
balance, the remaining $25,000 is paid in 11 equal shares thereafter.
COMMISSIONER HENNING: Well, that initial $25,000, how
is that going to be invoiced back to the county?
MR. CARNELL: Well-- and this is where I may need some
help from Marla to explain how the program functions. In fact, why
don't you go ahead and address that, Marla.
MS. RAMSEY: I'll try to. I'm not sure if! caught all of that.
Little history on it. The funding that we have in our budget is
allocated on an annual basis to give $50,000 to PLAN. Our funds are
then sent up to the state, and those funds are leveraged with LIP
money of 15 percent and sent down Physician Regional Hospital, and
then they make the payment over to PLAN once we've leveraged extra
dollars. So that's a history of how the funding is going. I'm not sure if
I understand the payment back to Collier County.
COMMISSIONER HENNING: Well, you're going to have an
initial payment of $25,000. I mean, you've got to have an invoice to
pay that $25,000. What's -- what kind of public benefit are you going
to put on the invoice to pay that?
MS. RAMSEY: Again, remember, this is just a change of one
paragraph in the scope of the document that we have. And the scope
talks about the fact that they have to provide services, you know, they
have to contact additional physicians, et cetera, and then quarterly
they provide us with the documentation that shows what they've done.
And as you know, the PLAN program over the -- a year's time is
Page ]42
April 13, 2010
providing over $2 million worth of free services to the citizens of
Collier County for specialized care. That's what PLAN's main
element is, and this is the reporting document that's included in the
contract that they provide to us. And they do it on a quarterly basis.
COMMISSIONER HENNING: Should I ask the question
differently?
MR. CARNELL: If! could, sir, if you're asking what the public
benefit is, it's defined in the contract in section two.
COMMISSIONER HENNING: Right. But you're going to give,
the first quarter, $25,000?
MR. CARNELL: First month.
COMMISSIONER HENNING: First month.
MR. CARNELL: Yep.
COMMISSIONER HENNING: Don't you have to provide
backup material to say, okay, this is what we did for that $25,000?
MR. CARNELL: The contract -- go ahead.
MS. RAMSEY: It's not any different than what we do with drug
-- with David Lawrence Center. We provide David Lawrence Center
a set number of dollars in our budget, 800-and-some thousand dollars
that we provide. We actually send that up to the state, and then they
get an extra 15 percent upon that, which could pay directly to them.
And so we look at this as kind of the same thing. We have a
contract with David Lawrence Center that says that we're going to
provide the funding to you, just as we have a contract with PLAN that
says we're going to give you $50,000.
And it's part of our budget. It's not like it's a grant situation. It's
not like there's grant -- it's a grant dollar. It's an actual dollar amount
that we provide to them for the services that they provide to the
citizens of Collier County.
COMMISSIONER HENNING: Okay. So David Lawrence
Center is a lump sum payment, or is it throughout the year?
MS. RAMSEY: I believe -- I don't know. I can't answer that one
Page 143
April 13, 2010
specifically. Maybe Marcy can--
MS. KRUMBINE: Quarterly.
MS. RAMSEY: Quarterly.
COMMISSIONER HENNING: Quarterly, okay.
MS. RAMSEY: And is there back-up provided other than this?
MS. KRUMBINE: Same type of stuff.
MS. RAMSEY: Yeah, same situation.
COMMISSIONER HENNING: Okay, thank you.
MS. RAMSEY: Okay. Thank you.
COMMISSIONER HENNING: Then I make a motion to
approve.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Okay. Motion to approve by
Commissioner Henning, second by Commissioner Fiala.
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 HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: It passes unanimously. Thank you.
MR. OCHS: Commissioner, that takes you to Item 11, public
comments on general topics.
MS. FILSON: I have no registered speakers, sir.
CHAIRMAN COYLE: Okay. No public comment.
Item #12B
Page 144
April 13,2010
RECOMMENDATION TO ADOPT A RESOLUTION LIMITING
REPETITIVE PUBLIC PETITIONS AND COMMENTS -
COUNTY ATTORNEY WILL PREP ARE A MEMORIALIZING
RESOLUTION WITH THE BOARD'S PROPOSED POLICY
CHANGES THAT WILL BE PLACED ON A FUTURE CONSENT
AGENDA - APPROVED
MR. OCHS: Then Commissioners, that takes you then to Item
12B, which was previously 16K4 on your agenda, and that is a
recommendation to adopt a resolution limiting repetitive public
petitions and comments. This item was moved at Commissioner
Henning's request.
CHAIRMAN COYLE: Okay. Commissioner Henning, it's all
yours.
COMMISSIONER HENNING: Yeah, thank you. Let me get to
the item. Yeah, this should have been moved.
MR. OCHS: It's under county attorney's report.
COMMISSIONER HENNING: And -- yeah. Okay. It says,
prior to scheduling a public petition, the county manager or designee
shall determine if the public petitioner is -- if the topic is repetitive.
I have a little concern about our staff making a judgment on a
public petition on whether it's repetitive. I would -- I would hope that
we can get staffs opinion on the item, whether they feel that it is
repetitive, and let the board make that decision. I don't want to deny
the public's access to the elected officials. That's my concern.
CHAIRMAN COYLE: Okay. The problem is that if the staff
doesn't make some kind of determination early on, we're going to be
sitting here with the petitioner and then telling them we're not going to
listen to them, and that will be a great inconvenience for them.
It would be better, I think, if they understood that there's a
specified waiting period before you bring back the same item to be
heard.
Page 145
April 13, 2010
COMMISSIONER HENNING: Or better yet, inform the Board
of County Commissioners and the public petitioner that staff feels that
this is a repetitive issue.
CHAIRMAN COYLE: Okay. And then would the staff bring
that to the board for consideration, say, during correspondence at, say,
a meeting, and then we would make a final decision? And then if we
overrule the staff, we would schedule the petitioner for the next
meeting?
COMMISSIONER HENNING: No. We'll just -- we could just,
at the -- either in the beginning of the meeting or during the public
petitioner (sic), just say, you know, we feel that this is repetitive.
I mean, we have -- we have a lot of public coming on the same
topic, and sometimes it's new information. I would hate to have the
public feel that they're being denied their access to their elected
officials, whether it be perceived or actual. That's the issue.
CHAIRMAN COYLE: Well, I'm just trying to figure out a way
to accommodate that without having the person come here
unnecessarily. They might have to come from some distance. Let's
suppose it's Port of the Islands, and they come here again next week
for the same thing, shouldn't they -- shouldn't we try to let them know
in advance whether or not we think it's repetitive?
COMMISSIONER HENNING: Well, whether we think or staff
thinks?
CHAIRMAN COYLE: We think. And so what I was suggesting
is, if the staff would give us a report on anything that they believe is
repetitive, and they can say, we think this item is repetitive, we then
can say, we disagree with you. We'll hear it. So then the staff will put
it on the next agenda so that the person will not be inconvenienced.
But then if we say, we agree with you, County Manager, it is
repetitive, then the county manager will notify that person that they
will not be scheduled again for that same topic until X number of
months.
Page 146
April 13, 2010
Now, what you might have to do, Leo, is you might have to
extend your time for people to give you notice of a petition, or when
you get the petition, you could send them a notice saying that you
believe it to be repetitive and you will take it to the board on such and
such a date and notify them of the outcome of the --
MR. OCHS: That would be my preference, Commissioners, is
keep the 13-day deadline for filing prior to the meeting. If the staff
believes that it may be a repetitive petition within the last six months,
we'd write a letter to the petitioner saying that, you know, the board
has established this policy. I'll bring this to the board on the next
agenda as a discussion item, let them determine whether or not they
want to hear it, then we'll notify you for the subsequent meeting if the
board chooses to hear it, something like that.
CHAIRMAN COYLE: Yeah. That would work for me.
COMMISSIONER HALAS: Yes.
COMMISSIONER HENNING: Okay. And then number four,
that's an item -- any item on the board's agenda determined by the
board's chair -- simple request, a petition, public comment during
general topics to the board in the past six months, the Chair may
immediately conclude discussion and advise petitioner of the same.
That's in a public forum.
CHAIRMAN COYLE: That's in -- yeah.
COMMISSIONER HENNING: Or overruled by the majority of
the Board of County Commissioners.
CHAIRMAN COYLE: I think that's always possible.
COMMISSIONER HENNING: Yeah. Well, we -- this is -- let's
see. If it's in a resolution form, we just want to add that caveat to
number four.
CHAIRMAN COYLE: Be okay with me.
COMMISSIONER HENNING: It's a written policy.
CHAIRMAN COYLE: The chairman may, subject to the
majority of the Board of County Commissioners, conclude discussions
Page 147
Apri113,2010
and advise the petitioner of same; how does that sound?
COMMISSIONER HENNING: Yeah.
CHAIRMAN COYLE: Okay. Did everybody get that? Does
everybody agree with it, that's the question? Commissioners?
(No response.)
CHAIRMAN COYLE: Do I have three nods to do that?
COMMISSIONER HENNING: Yeah. Mr. Teach, you okay
with that?
MR. TEACH: Yes, yes. That's fine. Ms. White pointed out to
me, there's always that occasion that someone who may not come
forward on public petition may come forward under public comment
in any event. But I think the procedure that you've outlined is
probably the best way to handle what you're addressing.
CHAIRMAN COYLE: Okay, good.
COMMISSIONER HENNING: Okay. That's all. Can we
approve it with those -- with those changes?
MR. TEACH: Commissioner, I think, perhaps, we should have a
vote on this, and we can bring back a reso. that memorializes it. I
think that would be clear since you are establishing policy in this
instance.
CHAIRMAN COYLE: Okay. Is there a motion to approve this
resolution with the changes we have specified?
(No verbal response.)
CHAIRMAN COYLE: Okay. Motion by Commissioner
Henning, second by Commissioner Fiala.
Any further discussion?
COMMISSIONER HENNING: I just want to make sure that Mr.
Teach is -- we have the understanding.
CHAIRMAN COYLE: Yeah.
COMMISSIONER HENNING: Those will be captured in the
resolution. You're not going to bring it back to us, are you?
CHAIRMAN COYLE: Yes, he will.
Page 148
April 13, 2010
MR. TEACH: Yes. We'll put it on consent so that you'll get to
see it again, but we're approving the policy today and memorial- --
and that we will memorialize it in resolution.
COMMISSIONER HENNING: I understand. I apologize.
CHAIRMAN COYLE: Okay. No further discussion. All in
favor, please signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: Okay. It passes unanimously.
MR. OCHS: Yes, sir. We have nothing on 13, 14.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
Takes you to 15, staff and commission general communications.
I have no -- nothing for the board today.
CHAIRMAN COYLE: Okay. Mr. Teach, anything?
MR. TEACH: No, sir.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Yes. I just want to thank our staff
back there for being so wonderful.
CHAIRMAN COYLE: And the County Commissioners for
being so nice to present you with flowers and to sing Happy Birthday
to you.
COMMISSIONER FIALA: Yes.
CHAIRMAN COYLE: Right? Okay. Commissioner --
COMMISSIONER FIALA: Thanks for making it a nice day.
Page 149
Apri113,201O
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: I have nothing.
CHAIRMAN COYLE: Okay, wow. I don't have anything
either.
Commissioner Henning?
COMMISSIONER HENNING: Went to Tallahassee last week,
talked to our delegation members about our wish list. Most important,
no unfounded mandates.
I did have a conversation with Representative Grady about his
foreclosure bill, which by correspondence today doesn't seem like it's
going anywhere. But because of our concerns, he did change the
language in the resolution, I mean, in the bill. And -- but it seems like
it's going to fail anyways.
CHAIRMAN COYLE: Let me make sure I understand. His bill
looks like it's going to fail even though he's made some modifications
in it?
COMMISSIONER HENNING: Correct.
CHAIRMAN COYLE: Any indication that the principles that
we had specified in our letter were making any headway in anybody's
bill?
COMMISSIONER HENNING: There wasn't any knowledge of
that.
CHAIRMAN COYLE: Okay, all right.
COMMISSIONER HENNING: And wasn't any -- anything else.
MR. OCHS: Commissioners, we'll get you a staff update on that
item.
CHAIRMAN COYLE: Okay, good.
COMMISSIONER HENNING: We did receive the staff update
today.
MR. OCHS: Okay. Thank you then.
CHAIRMAN COYLE: Good. Anything else?
COMMISSIONER HENNING: I think that was about -- that
Page 150
April 13, 2010
was about the gist. Yep, that was it.
CHAIRMAN COYLE: That's it. Okay.
COMMISSIONER HENNING: Motion to adjourn.
CHAIRMAN COYLE: Motion to adjourn by Commissioner
Henning --
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: -- and seconded by Commissioner Fiala.
All in favor, please signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: We are adjourned.
****Commissioner Henning moved, seconded by Commissioner
Fiala and carried unanimously that the following items under the
Consent and Summary Agendas be approved and/or adopted ****
Item #16Al
FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY
FACILITIES FOR CREEKSIDE FLEX SPACE - W/RELEASE OF
ANY UTILITIES PERFORMANCE SECURITY (UPS)
Item #16A2
RECORDING THE FINAL PLAT OF AVE MARIA PHASE
THREE REPLAT
Item #16A3
RESOLUTION 2010-71: FINAL APPROVAL OF THE
Page 151
April 13, 2010
ROADWAY (PUBLIC) AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF INDEPENDENCE PHASE TWO.
ROADWAY IMPROVEMENTS WILL BE MAINTAINED BY
COLLIER COUNTY AND THE DRAINAGE IMPROVEMENTS
WILL BE PRIVATELY MAINTAINED - W/RELEASE OF THE
MAINTENANCE SECURITY
Item #16A4
RESOLUTION 2010-72: FINAL APPROVAL OF THE
ROADWAY (PUBLIC) AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF INDEPENDENCE PHASE TWO-A. THE
ROADWAY IMPROVEMENTS WILL BE MAINTAINED BY
COLLIER COUNTY AND THE DRAINAGE IMPROVEMENTS
WILL BE PRIVATELY MAINTAINED - W /RELEASE OF THE
MAINTENANCE SECURITY
Item # 16A5
RESOLUTION 2010-73: FINAL APPROVAL OF THE
ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS
FOR THE FINAL PLAT OF AVE MARIA UNIT 3, DEL WEBB
PHASE ONE WITH THE ROADWAY AND DRAINAGE
IMPROVEMENTS BEING PRIV A TEL Y MAINTAINED -
W /RELEASE OF THE MAINTENANCE SECURITY
Item # 16A6
AN APPLICATION BY FLORIDA SPECIAL TIES, LLC FOR THE
JOB CREATION INVESTMENT PROGRAM AND BROADBAND
INFRASTRUCTURE INVESTMENT PROGRAM - AS
DETAILED IN THE EXECUTIVE SUMMARY
Page 152
April 13, 2010
Item #16A7
RELEASE AND SA TISF ACTION OF LIEN IN THE CODE
ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY
COMMISSIONERS VS. JANET PERALTA, SPECIAL
MAGISTRATE CASE NO. 2007-050023, RELATING TO
PROPERTY LOCATED AT 2365 55TH TERRACE SW, COLLIER
COUNTY, FLORIDA - WAIVING THE $209,000 IN ACCRUED
FINES FOR PROPERTY THAT HAS BEEN BROUGHT INTO
COMPLIANCE BY A NEW OWNER
Item # 16A8
AN OFFER TO SETTLE AND RELEASE TWO CODE
ENFORCEMENT LIENS, WITH A COMBINED ACCRUED
VALUE OF $231,528 FOR PAYMENT OF $65,000 IN THE CODE
ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY
COMMISSIONERS VS. 6240 COLLIER GROUP, INC., CASE
NOS. CEB 2007-080153 AND OSM 2007-080327, RELATING TO
PROPERTY KNOWN AS 6220 AND 6240 COLLIER
BOULEVARD, COLLIER COUNTY, FLORIDA - WAIVING
$166,528 IN ACCRUED FINES FOR A FORECLOSED UPON
PROPERTY CURRENTLY BEING BROUGHT INTO
COMPLIANCE BY THE PRIMARY MORTGAGE HOLDER,
INTERAMERICAN BANK
Item # 16A9
RESOLUTION 2010-74: FINAL APPROVAL OF THE
ROADWAY (PUBLIC) AND DRAINAGE IMPROVEMENTS FOR
THE FINAL PLAT OF MARKET CENTER WITH THE
ROADWAY IMPROVEMENTS BEING MAINTAINED BY
Page 153
April 13, 2010
COLLIER COUNTY AND THE DRAINAGE IMPROVEMENTS
BEING PRIV A TEL Y MAINTAINED - W /RELEASE OF THE
MAINTENANCE SECURITY
Item #16A10 - Moved to Item #10D (Per Commissioner Coletta
during Agenda Changes)
Item #16B1
AMENDMENT TO AN AGREEMENT AUTHORIZING A RATE
INCREASE TO $80 PER BOARDING FOR STRETCHER
MEDICAID TRIPS FOR THE PARATRANSIT SERVICES
PROVIDED UNDER COLLIER COUNTY'S AGREEMENT WITH
MCDONALD TRANSIT ASSOCIATES, INC. D/B/A COLLIER
AREA TRANSIT (MCDONALD TRANSIT) - DUE TO
ESCALATING COSTS, AMENDING THE SEPTEMBER 15,2009
AGREEMENT
Item #16B2
ADVERTISE A PROPOSED AMENDMENT TO ORDINANCE
NO. 98-1, AN ORDINANCE PROHIBITING THE CONVERSION
OF SWALES TO CULVERTS IN THE PUBLIC RIGHTS-OF-
WAY WITHIN AN AREA OF NAPLES PARK, TO ALLOW FOR
THE INSTALLATION OF SW ALE ENCLOSURES ON 111 TH
A VENUE NORTH AND ALONG 8TH STREET NORTH IN
NAPLES PARK - FOR THE NAPLES P ARK SIDEWALK
IMPROVEMENT PROJECT
Item #16B3
PURCHASE OF A PERPETUAL, NON-EXCLUSIVE, ROAD
Page 154
April 13,2010
RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT
(PARCEL 445RDUE) CONTAINING 6,950 SQUARE FEET,
WHICH IS REQUIRED FOR THE FOUR-LANING OF GOLDEN
GA TE BOULEVARD BETWEEN WILSON BOULEVARD AND
DESOTO BOULEVARD. PROJECT NO. 60040 (FISCAL
IMPACT: $5,480) - ALONG THE SOUTHERN PROPERTY LINE
OF TRACT 100, GOLDEN GATE ESTATES, UNIT 77
Item # 16B4
ONE (1) ADOPT-A-ROAD PROGRAM AGREEMENT WITH
TWO (2) ROADWAY RECOGNITION SIGNS AT A TOTAL
COST OF $150 - AN AGREEMENT WITH CYPRESS PALM
MIDDLE SCHOOL FOR THE PORTION OF A ROADWAY:
RANDALL BOULEVARD FROM EVERGLADES TO DESOTO
BOULEVARD
Item #16B5
CHANGE ORDER NO.2 IN THE AMOUNT OF $10,537 FOR
CONTRACT #09-5190 RATTLESNAKE HAMMOCK ROAD
(POLLY AVE TO CR - 951) LANDSCAPE IMPROVEMENTS
CONSTRUCTION WITH HANNULA LANDSCAPING, INC.
(PROJECT NO. 65021.1) - BRINGING THE TOTAL AMOUNT
OF CURRENT CHANGE ORDERS TO $35,709.29
Item #16B6
AWARD RFP #10-5359, TRAFFIC SIGNAL TIMING &
COORDINATION TO ALBECK GERKEN, INC. FOR TRAFFIC
ENGINEERING CONSULTANT SERVICES NECESSARY TO
COMPLETE THE ARTERIAL COORDINATION ACTIVITY
Page 155
April 13, 2010
UNDER THE UNITED STATES DEPARTMENT OF ENERGY'S
ENERGY EFFICIENCY CONSERVATION BLOCK GRANT
(EECBG), IN THE AMOUNT OF $166,966.81 - FOR THE
COLLECTION AND ANALYSIS OF DATA AT THIRTY-TWO
INTERSECTIONS ON THE FOLLOWING COUNTY ARTERIAL
ROADWAYS: IMMOKALEE AND VANDERBILT BEACH
ROADS AND SANTA BARBARA BOULEVARD
Item #16B7
RATIFY TERMINATION OF THE JANUARY 26,2010
PURCHASE AGREEMENT (FOR STORMW A TER RETENTION
POND SITES) BETWEEN MAR INVESTMENTS, LLC AND
COLLIER COUNTY FOR THE PURCHASE OF TWO PARCELS
CONTAINING A TOTAL OF 1.476 ACRES OF
COMMERCIALLY ZONED PROPERTY LOCATED ON THE
NORTHWEST CORNER OF TAMIAMI TRAIL EAST (US-41)
AND COLLIER BOULEVARD (CR-951) CONSIDERED FOR
CONSTRUCTION OF A STORMW A TER DETENTION AND
TREATMENT POND SITE IN CONNECTION WITH THE
COLLIER BOULEV ARD/US-41 OVERPASS PROJECT NO.
60116. (FISCAL IMPACT: $00) - DUE TO THE COUNTY'S
TITLE OBJECTIONS ON FOLIO #00724680007 & #34520003003
Item #16B8
PURCHASE OF TWO FEE SIMPLE PARCELS AND ACCEPT
THE DONATION OF A SLOPE EASEMENT AND A UTILITY
EASEMENT REQUIRED FOR CONSTRUCTION OF THE
NORTHBROOKE DRIVE/V ALEWOOD DRIVE EXTENSION
(PHASE 1) PROJECT NO. 60106. (FISCAL IMPACT: $4,600)-
PARCEL NO.101FEE2 & NO.101FEE3
Page 156
April 13, 2010
Item #16B9
FUNDING AGREEMENT NO. 4600002032 AND A BUDGET
AMENDMENT IN THE AMOUNT OF $39,329 NECESSARY TO
RECOGNIZE MATCHING FUNDS FROM SOUTH FLORIDA
WATER MANAGEMENT DISTRICT, WHICH WILL PROVIDE
ASSISTANCE WITH THE CONSTRUCTION OF THE
GA TEW A Y TRIANGLE STORMW ATER IMPROVEMENT
PROJECT (PROJECT #51803) - FOR PHASE II THAT
INCLUDES A 1.58 ACRE EXPANSION TO THE CURRENT
RETENTION POND, INSTALLATION OF HYDRAULIC PUMPS
AND IMPROVEMENTS TO STORMW A TER PIPES
Item #16BlO
AWARD BID #10-5445 FOREST LAKES MSTU PROJECT F-53
QUAIL RUN LAKE SHORELINE RESTORATION &
STABILIZATION TO QUALITY ENTERPRISES USA, INC., IN
THE AMOUNT OF $1,153,254.75 - ALL ASSOCIATED COSTS
WILL BE PAID BY RESIDENTS IN THE DISTRICT
Item #16Bll
CONTRACT FOR ITB #09-5328, ASPHALT, MILLING &
RELATED ITEMS TO BETTER ROADS, INC. AND C.W.
ROBERTS CONTRACTING, INC. (D/B/A COUGAR
CONTRACTING) IN THE ESTIMATED ANNUAL AMOUNT OF
$1,500,000 - TO USE AS NEEDED BY ALL COUNTY
DEPARTMENTS
Item #16C1
Page 157
April 13,2010
AWARD BID #10-5441, ISLES OF CAPRI WATER MAIN
REPLACEMENT PHASE I, IN THE AMOUNT OF $1,074,097 TO
DOUGLAS N. HIGGINS, INC., TO COMPLETE
REHABILITATION OF THE POTABLE WATER DISTRIBUTION
SYSTEM THAT SERVICES THE ISLES OF CAPRI, PROJECT
NO 71010.7 - COVERING AN AREA FROM THE ENTRANCE
TO THE ISLES OF CAPRI TO APPROXIMATELY 110 FEET
SOUTH OF THE ISLES OF CAPRI FIRE STATION ON CAPRI
BOULEVARD AND INCLUDES REPLACING THE AGING
SYSTEM'S WATER MAINS, VALVES & SERVICE LINES
Item # 16C2
PURCHASE ORDER NO. 4500114261 IN THE AMOUNT OF
$417,625.90 TO D.N. HIGGINS, INC. TO REPLACE THREE
LARGE DETERIORATED AND LEAKING INFLUENT SEWAGE
FORCE MAINS AT THE MASTER PUMPING STATION 302
SITE, PROJECT #72549 - DUE TO EMERGENCY REPAIRS
BEGINNING DECEMBER 3, 2009 AND COMPLETED ON
JANUARY 26,2010
Item #16D1
APPOINT THE PROPOSED INLET MANAGEMENT WORK
TEAM FOR WIGGINS PASS AS RECOMMENDED BY THE
COASTAL ADVISORY WIGGINS PASS SUBCOMMITTEE-
FOR DEVELOPING AN UPDATED MANAGEMENT PLAN AND
A CONDITION OF THE MAINTENANCE DREDGING &
NA VIGA TIONAL PROJECT PERMIT APPLICATION
Item #16D2
Page 158
Apri113,201O
BUDGET AMENDMENT IN THE AMOUNT OF $8,500 TO
RECOGNIZE REVENUE AND APPROPRIATE EXPENDITURES
FOR A GRANT AWARD FROM THE COMMUNITY
FOUNDATION OF COLLIER COUNTY TO SERVE THE NEEDS
OF SENIORS IN IMMOKALEE
Item #16D3
CONVEYANCE OF A REVOCABLE TEMPORARY LICENSE TO
THE LEE COUNTY ELECTRIC COOPERATIVE, INC. FOR THE
INSTALLATION OF ELECTRIC FACILITIES TO PROVIDE
ELECTRIC SERVICE FOR THE GOODLAND BOAT PARK
LOCATED AT 750 PALM POINT DRIVE, GOODLAND
FLORIDA, AT A COST NOT TO EXCEED $60 - FOR USE OF A
5.22 ACRE PARCEL FOR PROJECT #80611.11 CURRENTLY
SCHEDULED FOR COMPLETION IN MAY, 2010
Item #16D4
GRANT RELATED EXPENDITURES IN EXCESS OF $50,000
FOR REAL PROPERTY ACQUIRED UNDER THE
NEIGHBORHOOD STABILIZATION PROGRAM TO FUND
REHABILITATION ACTIVITIES. FUNDING WILL ENSURE
COMPLIANCE WITH COLLIER COUNTY BUILDING CODE
REGULATIONS AND FURTHER THE GOALS AND
OBJECTIVES OF THE HOUSING ELEMENT OF THE GROWTH
MANAGEMENT PLAN - FOR UNANTICIPATED WORK
INCLUDING WATER DAMAGE REPAIR AND CORRECTING
AN ILLEGAL GARAGE CONVERSION TO COMPLETE
REHABILITATION OF PROPERTY AT 5501 17TH AVENUE SW
Item #16D5
Page 159
Apri113,201O
CHAIRMAN TO SIGN A PROPERTY OWNER'S AGREEMENT
WITH THE CITY OF NAPLES POLICE DEPARTMENT TO
ALLOW ACCESS TO THREE COUNTY PARKS LOCATED
WITHIN THE CITY LIMITS - TO ISSUE TRESPASS
WARNINGS AND MAKE ARRESTS AT NAPLE'S NORTH
GULF SHORE BEACH ACCESS, FREEDOM PARK AND THE
NAPLES ZOO FOR A PERIOD OF ONE YEAR
Item # 16D6
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO APPROVE CHANGE ORDER #4 IN THE AMOUNT OF
$36,616.64 TO JOHNSON ENGINEERING DESIGN
CONSULTANT FOR THE GOODLAND BOAT PARK PROJECT
#80611.1 UNDER CONTRACT #05-3842 TO PROVIDE
ADDITIONAL CONSTRUCTION OBSERVATION SERVICES
DUE TO UNFORESEEN SITE CONDITIONS - ORIGINALLY
SCHEDULED FOR COMPLETION NOVEMBER 2, 2007 THIS
CHANGE ORDER IS ASSOCIATED WITH UNSUITABLE SOIL
MATERIAL AND ALSO EXTENDS THE CONTRACT TO THE
REVISED COMPLETION DATE OF JULY 31,2010
Item # 16D7
CHAIRMAN TO SIGN TWO (2) RELEASES OF LIEN AND TWO
(2) SATISFACTIONS OF MORTGAGE FOR OWNER OCCUPIED
AFFORDABLE HOUSING DWELLING UNITS THAT HA VE
SATISFIED THE TERMS OF ASSISTANCE PROVIDED. FISCAL
IMPACT $29,864.20 - FOR PROPERTY AT 4520 BOTANICAL
PLACE, UNIT #404 AND 1320 MILANO DRIVE, SORRENTO
GARDENS, UNIT #1
Page 160
April 13, 2010
Item #16D8
AWARD INVITATION TO BID (ITB) #10-5417 ARRA GREEN
LIGHTING SYSTEM RETROFITS IN THE AMOUNT OF
$485,809 TO ELECTRICAL CONTRACTING SERVICES, INC.,
FOR PARKS AND RECREATION PROJECTS AT IMMOKALEE
COMMUNITY PARK AND GULF COAST COMMUNITY PARK
- AN AWARD BY THE UNITED STATES DEPARTMENT OF
ENERGY UNDER THE 2009 AMERICAN RECOVERY AND
REINVESTMENT ACT
Item #16E1
AWARD RFP #10-5393 FOR EXOTIC VEGETATION
REMOVAL, WITH AN ESTIMATED ANNUAL COST OF
$350,000, TO FOUR FIRMS: EARTHBALANCE,
ENVIRONMENTAL RESTORATION CONSULTANTS,
AQUAGENIX AND WALKER EXOTIC TREE ERADICATION
(IN NO PARTICULAR ORDER) AND AUTHORIZE THE
CHAIRMAN TO EXECUTE A STANDARD COUNTY
CONTRACT - FOR MECHANICAL & CHEMICAL REMOVAL
OF EXOTIC VEGETATION
Item # 16E2
AUTHORIZE PAYMENTS TO GROUND ZERO LANDSCAPING
SERVICES INC. FOR SERVICES RENDERED TO THE
BAYSHORE GATEWAY MSTU PURSUANT TO CONTRACT
#05-3689 IN THE TOTAL AMOUNT OF $86,288.65 - DUE TO A
CONTRACT ERROR FOR SERVICES PERFORMED BETWEEN
MARCH 8, 2009 AND FEBRUARY 8, 2010
Page 161
April 13, 2010
Item #16E3 - Moved to Item #10C (Per Agenda Change Sheet)
Item # 16E4
CHAIRMAN TO SIGN A YOUTH HUNT AGREEMENT TO
ALLOW FLORIDA FISH AND WILDLIFE CONSERVATION
COMMISSION (FWC) TO CONDUCT YOUTH HUNTS FOR
COLLIER COUNTY RESIDENTS AT CARACARA PRAIRIE
PRESERVE - A POSSIBLE ALTERNATIVE TO THE PEPPER
RANCH PRESERVE SITE TO ACCOMMODATE THE
OVERFLOW OF APPLICANTS SCHEDULED FOR THE APRIL
16-18,2010 HUNT
Item # 16E5
CHILLER MAINTENANCE SERVICES TO THE RESPECTIVE
MANUFACTURERS: TRANE, MCQUAY SERVICES, AND
CARRIER COMMERCIAL SERVICES, AS THE SOLE SOURCE
PROVIDERS FOR THE MAINTENANCE, REPAIR, AND
INSTALLATION OF ASSOCIATED PARTS, PROPRIETARY
SOFTWARE, AND OTHER AUXILIARY COMPONENTS OF
COUNTY-OWNED AND MAINTAINED CHILLERS AT AN
ESTIMATED ANNUAL AMOUNT OF $100,000
Item #16E6 - Moved to Item #10E (Per Commissioner Henning
during Agenda Changes)
Item #16E7
CHAIRMAN TO SIGN THE ASSUMPTION AGREEMENT FROM
V ANUS ENGINEERING EVOLUTION, INC., TO GANNETT
FLEMING, INC., FOR TRAFFIC ENGINEERING CONSULTANT
Page 162
Apri113,201O
SERVICES, CONSULTANT SERVICES FOR COLLIER COUNTY
SIGNAL RETIMING PROJECT, AND COUNTY WIDE
ENGINEERING SERVICES - RESULTING FROM THE
PURCHASE OF V ANUS ASSETS BY GANNETT FLEMING,
INC. ON MARCH L 2010
Item #16E8
CHAIRMAN TO SIGN THE ASSUMPTION AGREEMENT FROM
TRUTWIN INDUSTRIES, INC., TO ROAD SAFE TRAFFIC
SYSTEMS, INC., FOR ROADWAY PAINT, THERMOPLASTIC
MARKINGS, AND RAISED MARKERS - RESULTING FROM
THE PURCHASE OF TRUTWIN ASSETS BY ROAD SAFE
TRAFFIC SYSTEMS, INC. ON FEBRUARY 26,2010
Item #16E9
CHAIRMAN TO SIGN THE CARACARA PRAIRIE PRESERVE
BANK AGREEMENT, CARACARA PRAIRIE PRESERVE
CONSERVATION BANK CONSERVATION EASEMENT,
INTERLOCAL AGREEMENT WITH CREW LAND AND WATER
TRUST, DECLARATION OF TRUST FOR CARACARA PRAIRIE
PRESERVE, AND CARACARA PRAIRIE PRESERVE
ENDOWMENT FUND TRUST AGREEMENT WHICH ARE
NECESSARY TO CREATE THE CARACARA PRAIRIE
PRESERVE CONSERVATION BANK - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16F1
AFTER THE FACT SUBMITTAL OF A $5,000 GRANT FROM
THE 2010 TRAILBLAZER GRANT PROGRAM SPONSORED BY
Page 163
April 13, 2010
THE NATIONAL CENTER FOR CIVIC INNOV A TION IN
ORDER TO ENHANCE OUR EFFORTS IN CREATING CITIZEN
CENTRIC PERFORMANCE MEASURES AS OUTLINED IN THE
COUNTY MANAGER'S FY 2010 WORK PLAN - AS DETAILED
IN THE EXECUTIVE SUMMARY
Item # 16F2
AFTER-THE-FACT SUBMITTAL OF AN EMERGENCY
MEDICAL SERVICES TRACKING AND REPORTING SYSTEM
(EMSTARS) FIELD DATA COLLECTION GRANT TO THE
FLORIDA DEPARTMENT OF HEALTH, BUREAU OF
EMERGENCY MEDICAL SERVICES IN THE AMOUNT OF
$158,500 - TO FUND THE PURCHASE OF NEW SOFTWARE
AND UPGRADED HARDWARE USED TO SUBMIT PATIENT
CARE REPORTS
Item #16F3
THE COLLECTIVE BARGAINING AGREEMENT BETWEEN
COLLIER COUNTY AND THE COLLIER EMS/FIRE
BARGAINING UNIT, SOUTHWEST FLORIDA PROFESSIONAL
FIREFIGHTERS LOCAL 1826, INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS, INCORPORATED - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16F4
A BUDGET AMENDMENT AND THE TRANSFER OF FUNDS
FROM THE GENERAL FUND, UPON RECEIPT OF THE
AUCTION PROCEEDS FROM THE SALE OF THE SELF
CONTAINED BREATHING APPARATUS AND ACCESSORIES
Page 164
April 13, 2010
INTO THE OCHOPEE FIRE CONTROL DISTRICT FUND 146 -
THE ANTICIPATED $62,000 SALE PROCEEDS WILL BE USED
TOWARDS THE PURCHASE OF A REPLACEMENT SYSTEM
Item #16F5
RESOLUTION 2010-75: APPROVING AMENDMENTS
(APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS
OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2009-10
ADOPTED BUDGET
Item #16F6
CHANGE ORDER #4 ON CONTRACT #06-4007 WITH
PARADISE ADVERTISING AND MARKETING, INC. FOR UP
TO $1,875,000 IN ADDITIONAL BILLING AT GROSS IN
ACCORDANCE WITH THEIR AGREEMENT WITH COLLIER
COUNTY AND AUTHORIZE THE CHAIRMAN TO EXECUTE
THE CHANGE ORDER - REFLECTING A STANDARD 15%
AGENCY COMMISSION PREVIOUSLY APPROVED TO FUND
THE YEAR ROUND TOURISM MARKETING CAMPAIGN
Item # 16F7
REPORT FROM THE MARCH 15,2010 BOARD OF COUNTY
COMMISSIONER (BCC) AND TOURIST DEVELOPMENT
COUNCIL (TDC) WORKSHOP COVERING TOURIST
DEVELOPMENT TAX DOLLARS AND ASSOCIATED
BUDGETARY CONSIDERATIONS - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16G1
Page 165
April 13, 2010
THE BOARD OF COUNTY COMMISSIONERS (BCC) AND THE
BOARD OF COUNTY COMMISSIONERS ACTING AS THE
BA YSHORE GATEWAY TRIANGLE COMMUNITY
REDEVELOPMENT AGENCY BOARD (CRA) APPROVE AN
AMENDMENT TO THE SERVICE CONTRACT OF THE
BA YSHORE GATEWAY TRIANGLE CRA EXECUTIVE
DIRECTOR AND APPOINT DAVID JACKSON TO THE NEW
POSITION OF EXECUTIVE DIRECTOR OF BUSINESS AND
ECONOMIC DEVELOPMENT - AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16H1
COMMISSIONER HENNING'S REIMBURSEMENT
REGARDING ATTENDANCE AT A FUNCTION SERVING A
VALID PUBLIC PURPOSE. HE ATTENDED THE GREATER
NAPLES CHAMBER OF COMMERCE WAKE UP NAPLES
EVENT ON MARCH 17, 2010 AT THE NAPLES HILTON
HOTEL, 5111 TAMIAMI TRAIL NORTH, NAPLES. $25 TO BE
P AID FROM COMMISSIONER HENNING'S TRAVEL BUDGET
Item #16I1
MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH
ACTION AS DIRECTED
The following miscellaneous correspondence, as presented by the
Board of County Commissioners, has been directed to the various
departments as indicated:
Page 166
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
April 13,2010
I. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Minutes:
I) Airport Authoritv:
Minutes of January 11,2010; February 8, 2010.
2) Collier County Citizens Corps:
Agenda of January 20, 2010; February 17,2010.
Minutes of January 20, 2010; February 17, 2010 no quorum.
3) Collier County Coastal Advisorv Committee:
Minutes of January 14,2010.
4) Collier Count v Code Enforcement Board:
Minutes of January 28,2010.
5) Collier County Planning Commission:
Minutes of January 21,2010; January 28, 2010 special session;
February 4,2010.
6) Contractors Licensing Board:
Minutes of February 17, 2010.
7) Development Services Advisorv Committee:
Minutes of February 3, 2010.
8) Golden Gate Community Center Advisorv Committee:
Agenda of March I, 2010.
Minutes of February 1,2010.
9) Immokalee Beautification Advisorv Committee:
Agenda of February 24, 2010.
Minutes of November 18,2009 no quorum; January 27, 2010.
10) Isles of Capri Fire Control District Advisorv Committee:
Minutes of February I, 2010.
II) Land Acquisition Advisorv Committee:
Minutes of February 8, 2010.
12) Library Advisorv Board:
Agenda of February 24, 2010; March 17,2010.
Minutes of January 20, 2010; February 24, 2010.
13) Parks and Recreation Adyisorv Board:
Minutes of January 20, 2010.
14) Pelican Bay Services Diyision Board:
Agenda of March 3, 2010.
Minutes of February I, 2010 Community Improvements Town Hall
Meeting; February 3,2010; February 9, 2010 Improvements Plan
Joint Workshop; February 12, 2010 Improvements Plan Joint
Workshop.
15) Vanderbilt Beach Beautification MSTU Advisorv Committee:
Agenda of March 4, 2010.
Minutes of February 4,2010.
B. Other:
I) Special Magistrate Intersection Safety Program:
Minutes of February I, 2010.
2) Code Enforcement Special Magistrate:
Minutes of February 19,2010.
3) Collier Count v Housing Authoritv:
Registered agent or office form; FY2010 Board Meeting Schedule.
April 13, 2010
Item #1611
DISBURSEMENTS FOR THE PERIOD OF MARCH 13,2010
THROUGH MARCH 19,2010 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item # 16J2
DISBURSEMENTS FOR THE PERIOD OF MARCH 20, 2010
THROUGH MARCH 26,2010 AND FOR SUBMISSION INTO
THE OFFICIAL RECORDS OF THE BOARD
Item #1613
DISBURSEMENTS FOR THE PERIOD OF MARCH 27,2010
THROUGH APRIL 2, 2010 AND FOR SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item #16K1
THE COUNTY ATTORNEY TO FILE A LAWSUIT, ON BEHALF
OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS AGAINST THE COLLIER COUNTY
HOUSING DEVELOPMENT CORPORATION, NOW KNOWN AS
THE HOUSING DEVELOPMENT CORPORATION OF
SOUTHWEST FLORIDA, FOR FAILURE TO COMPLY WITH
THE GRANT AGREEMENT TO DEVELOP CIRRUS POINTE -
TO RECOVER $320,000 IN (HUD) GRANT FUNDS PROVIDED
TO HDCSWFL FOR LAND ACQUISITION FOR A 2005
AFFORDABLE HOUSING PROJECT THAT HAS NOT BEEN
STARTED
Page 167
April 13, 2010
Item #16K2
THE MEDIATION SETTLEMENT IN THE LAWSUIT FILED BY
JAMES COONEY AND ROSEMARY COONEY AGAINST THE
BOARD OF COUNTY COMMISSIONERS, IN COLLIER
COUNTY CIRCUIT COURT, FOR THE SUM OF $6,605 AND
AUTHORIZE THE CHAIRMAN TO EXECUTE THE
SETTLEMENT AGREEMENT - THE RESULT OF AN ALLEGED
2006 INJURY IN THE SWIMMING POOL AT NORTH COLLIER
REGIONAL PARK
Item # 16K3
COUNTY ATTORNEY TO ADVERTISE AN ORDINANCE FOR
FUTURE BOARD CONSIDERATION WHICH WOULD
ESTABLISH A MECHANISM TO CREATE A DEDICATED
SOURCE OF REVENUE TO FUND AN ECONOMIC
DEVELOPMENT PROGRAM AND TO ADVANCE ECONOMIC
DEVELOPMENT INITIATIVES IN ZONES OF GEOGRAPHIC
CONCENTRATION WITHIN UNINCORPORATED COLLIER
COUNTY. THESE ZONES, TO BE CALLED INNOVATION
ZONES, WILL BE DESIGNATED BY THE BOARD FROM TIME
TO TIME THROUGH THE IMPLEMENTATION OF ECONOMIC
DEVELOPMENT PLANS ADOPTED BY RESOLUTION FOR
EACH INNOVATION ZONE
Item #16K4 - Moved to Item #12B (Per Agenda Change Sheet)
Item #17A
ORDINANCE 2010-15: AMENDING ORDINANCE NO. 2009-02
TO CORRECT A SCRIVENER'S ERROR PERTAINING TO THE
Page 168
April 13, 2010
REPEAL OF ORDINANCES AND RESOLUTIONS AS TO
VARIOUS INACTIVE TAXING DISTRICTS LOCATED WITHIN
COLLIER COUNTY
Item #17B
ORDINANCE 2010-16: AMENDING ORDINANCE NO. 90-17, AS
AMENDED, THE COLLIER COUNTY NOISE CONTROL
ORDINANCE, WHICH WOULD PROVIDE FOR AN
EXEMPTION OF NOISE RESULTING FROM AUTHORIZED
USES AT THE CURRENT LOCATION OF THE SWAMP BUGGY
RECREATION AND SPORTS PARK AND PROVIDE FOR
ACTUAL AND RECORDED NOTICE OF THIS EXEMPTION TO
NEARBY PARCELS
Item #17C
ORDINANCE 2010-17: AMENDING ORDINANCE NO. 92-40, AS
AMENDED, WHICH CREATED THE IMMOKALEE
BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT, TO
EXPAND ITS PURPOSE TO INCLUDE STORMW A TER AND
DRAINAGE
Item #17D - Moved to Item #8A (Per Commissioner Fiala during
Agenda Changes)
Page 169
Apri] ]3,20]0
******
There being no further business for the good of the County, the
meeting was adjourned by order ofthe Chair at 3 :09 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
.~"AtL lAY. Cy~
FRED COYLE, Chairman
ATTEST:
DWI@HT'E, BROCK, CLERK
.,". '.,..._....~.<:',~~.:>,
""'"c,"
.....-\1.
:..-",
. .
These minJItes approved by the Board on jYI ()~] ,1010, as presented
V or as corrected .
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICES, INe., BY TERRI LEWIS.
Page 170