BCC Minutes 06/22/2010 R
June 22, 2010
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, June 22, 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 districts as have 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
Ian Mitchell, Executive Manager to the BCC
Mike Sheffield, Assistant to the County Manager
Page 1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AGENDA
June 22, 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 Vice-Chairman
Donna Fiala, BCC Commissioner, District 1, CRAB 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
Page 1
June 22, 2010
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor John Boutchia - Gospel Baptist Church
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
B. May 17, 2010 - BCC/LDC Meeting Minutes
C. May 25,2010 - BCC/Regular Meeting Minutes
D. June 2, 2010 - BCC/LDC Meeting Minutes
Page 2
June 22, 2010
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards
1) 5 Years
a. Chief Thomas Davis, lmmokalee Enterprise Zone Development
Agency.
b. Stephen C. Main, Bayshore/Gateway Triangle Local
Redevelopment Advisory Board.
2) 15 Years
a. William L. Seabury, Forest Lakes Roadway & Drainage
Advisory Committee.
b. David Correa, Hispanic Affairs Advisory Board.
c. Fred N. Thomas, Jr., lmmokalee Enterprise Zone Development
Agency.
d. Gary D. Lind, Housing Finance Authority.
4. PROCLAMATIONS
A. Proclamation designating July 18, 2010 through July 24, 2010 as Probation,
Parole and Community Supervision Week. To be accepted by members of
Florida Department of Corrections, Community Corrections Staff including
Support Staff, Management and Probation Officers. Sponsored by
Commissioner Coletta.
5. PRESENTATIONS
A. Presentation of the Collier County "Business of the Month" award to Parker-
Hannifin for June 2010. To be accepted by Tom Schlessinger and/or Greg
Crowe.
Page 3
June 22, 2010
B. J oint presentation by South Florida Water Management District, Clarence
Tears, Big Cypress Basin Director and Collier County Staff to brief the
Board of County Commissioners on the current conditions of the areas
surface water management system and rainy season/hurricane preparedness.
C. Presentation by Mr. Geoffrey Moebius, CEO (Ret.), Physicians Regional
Healthcare System, on the status of the progress to date of the Blue Ribbon
Panel on Pre-Hospital Emergency Medical Services.
D. Presentation by Bureau of Emergency Services Director Dan Summers
regarding the Deepwater Horizon Oil Spill Response.
6. PUBLIC PETITIONS
A. Public Petition request by Ms. Donna Sadler regarding the planned
installation of a bridge over the canal on 23rd Street Southwest.
Item 7 and 8 to be heard no sooner than 1:00 D.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
9. BOARD OF COUNTY COMMISSIONERS
A. Discussion regarding potential settlement of the lawsuit involving the South
Florida Water Management District. (Commissioner Coletta)
B. Update from the Trust for Public Land regarding the results of their poll to
determine the level of support for a ballot measure in November for
expansion of the Naples Zoo. (Commissioner Fiala)
C. Status report on the Jackson Labs Project. (Commissioner Coyle)
D. Appointment of member to the Contractors' Licensing Board.
Page 4
June 22, 2010
10. COUNTY MANAGER'S REPORT
A. This item to be heard at 11 :00 a.m. Recommendation to approve the
conceptual plan for replacement of the Vanderbilt Beach restrooms and
approval to move forward with design, permitting and bidding of a new
beach park facility at this location along with authorization of associated
budget amendments. (Gary McAlpin, Coastal Zone Management Director)
B. This item to be heard at 2:00 p.m. Recommendation to provide direction
to the County Manager regarding a request from the Parks and Recreation
Advisory Board to re-appropriate funding associated with Project #80122
Manatee Community Park to develop a Fitness, Community, and Aquatic
Center at Eagle Lakes Community Park. (Barry Williams, Director, Parks
and Recreation)
C. Recommendation that the Board review the attached documentation of the
work that was done for the County, and based on a determination for each
vendor that the payments sought fairly and equitably reflect the fair value of
the work done and materials furnished to the County, for which the County
has benefited, directs the Clerk of Courts to pay the attached invoices. (Len
Price, Administrative Services Administrator)
D. Recommendation to the Board of County Commissioners to authorize the
proposed schedule for the adoption of the Collier County Administrative
Code while concurrently limiting amendments to the Land Development
Code until the adoption of the Administrative Code is completed. (Susan M.
lstenes, AICP, Special Projects, County Manager's Office)
E. Recommendation to approve an Agreement for Sale and Purchase with Paul
A. Cosentino, Trustee of the Paul A. Cosentino Revocable Trust Dated
February 11, 2009 for 8.92 acres under the Conservation Collier Land
Acquisition Program, at a cost not to exceed $290,500. (Melissa Hennig,
Environmental Specialist, Facilities Management)
F. To request approval from the Board of County Commissioners (BCC)
regarding the proposed approach to quantify the number of existing market
rate units that would qualify as affordable under the affordable housing
Page 5
June 22, 2010
guidelines. (Mike Bosi, Manager, Comprehensive Planning Section, Growth
Management)
G. Recommendation to approve the award ofRFP #10-5455, Management
Services Contract, for the Collier Area Transit (CAT) Fixed Route and
Paratransit Programs to Limousines of South Florida, Inc. /Tectrans, Inc. for
an estimated annual amount of$6,092,167. (Norman Feder, Growth
Management Division Administrator)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
------------------------------------------------------------------------------------------------------------
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to approve final acceptance of the water facility for
Fisher Eye Center.
2) Recommendation to approve final acceptance of the water utility
facility for Spring Hill Suites.
3) Recommendation to approve final acceptance of the water utility
facility for Fountain View Apartments, Phase II.
Page 6
June 22, 2010
4) Recommendation to approve, and authorize the Chairman to sign, a
Job Creation Investment Program Agreement with Guadalupe Center,
Inc., consistent with the provisions of the Job Creation Investment
Program and the company's approved incentive application.
5) Recommendation to approve the Release and Satisfaction of Lien in
the Code Enforcement Action entitled Board of County
Commissioners vs. Louise Lorestie and Mortimer Calizte Estate, Code
Enforcement Special Magistrate Case No. 2005090887, relating to
property located at 4106 Rose Avenue, Collier County, Florida.
6) Recommendation to approve a declaration setting aside county-owned
lands for the future expansion of County Barn Road roadway,
sidewalk, drainage and utility facilities. Project #60101. (Fiscal
impact: $18.50)
7) Recommendation to approve an Easement Agreement and to convey a
Construction, Operation, and Maintenance Easement to Florida Power
and Light Corporation (FPL) for the purpose of building three phase
power delivery facilities to the pump station as part of the Gateway
Triangle Stormwater Improvements Construction / Phase 2, Collier
County Capital Proj ect #51803.
8) Recommendation to approve Work Order based on RFQ #08-5011-17
Forest Lakes Bond Project F-56 South Woodshire Blvd. Drainage
Swale Piping and Restoration to Haskins, Inc. using the Fixed Term
Underground Utility Contracting Services, Contract No. 08-5011, in
the amount of $314,312.
9) Recommendation to accept a Pedestrian Signal Warrant Report and
approve the installation and operation of a Pedestrian Traffic Signal at
the intersection of Radio Road (CR 856) at San Marcos Boulevard, at
an annual maintenance cost of approximately $1,500.
10) Recommendation to authorize the Chairman of the Board of County
Commissioners to execute a Resolution and Supplemental Agreement
Page 7
June 22, 2010
Number One to the current Asset Management Contract #BD-4l8
with the Florida Department of Transportation (FDOT) whereby
FDOT will reimburse Collier County the sum of $3,847.04 for
applying additional pavement markings and striping on SR82
(Immokalee Road) at the intersection ofCR850 (Corkscrew Road)
within Collier County (FDOT Project #412918-1-72-01).
11) Recommendation to approve a budget amendment to increase
available capital funding for intersection safety projects within the
Traffic Operations (101) Operating Fund in the amount of$112,600.
12) Recommendation to approve changes to the Drug Free Workplace
Policy from the Personnel Manual for the employees of Collier Area
Transit in order to comply with Federal Transit Administrations
regulations.
13) Recommendation for the Board of County Commissioners to
recognize FY 2009/2010 Federal Transit Administration Section 5311
additional revenue in the amount of $43,620 to Collier Area Transit
Fund (426) and approve the necessary budget amendments.
14) Recommendation to accept a Traffic Signal Warrant Study and
approve the installation and operation of a Traffic Signal at the
intersection of Rattlesnake Hammock Road (CR864) at Grand Lely
Drive/Skyway Drive, at an annual maintenance cost of approximately
$3,500.
15) Recommendation to approve a Work Order for a construction project
to Bonness, Inc. for the Naples Park Sidewalk Improvements in the
amountof$334,283.27, Contract No. 09-5197, Project No. 69081.
16) Recommendation to award a construction contract to C. W. Roberts
Contracting, Inc. for the Greenway Project running along the FPL
easement between Rattlesnake Hammock Road and Radio Road, Bid
No. 10-5496. Project Nos. 60087 and 69081, in the amount of
$586,956.
Page 8
June 22, 2010
17) Recommendation to approve Change Order #2 for Work Order #URS-
FT-3657-07-11 with URS Corporation Southern (URS) that
authorizes $49,440 for Phase 2 work and reduces the contract cost by
$40,142 for a revised total contract cost of $158,698 to provide
Proj ect Management and Oversight services for the development of
Watershed Management Plans required by the Growth Management
Plan.
18) Recommendation to approve the Release and Satisfaction of Lien in
the Code Enforcement Action entitled Board of County
Commissioners vs. Heriberto and Antonio Perez, Code Enforcement
Board Case No. CESD20080000222, relating to property located at
5384 Carolina Avenue, Collier County, Florida.
19) Recommendation to Award RFP No. 10-5456 for Verification Testing
Services for Oil Well Road, for an estimated cost of $200,000 Project
#60044.
20) Recommendation to approve the Partial Release and Satisfaction of
Lien for the Code Enforcement Action entitled Board of County
Commissioners vs. Sergio Valencia, CEB Case No. 2006090115,
relating to property located at 2080 16th Avenue SW, Collier County,
Florida. (Revenue received $847.09)
21) Recommendation to approve the Release and Satisfaction of Lien in
the Code Enforcement Action entitled Board of County
Commissioners vs. Southern Development Co. Inc, Code
Enforcement Board Case No. CEVR200800l4785, relating to
property located at 13245 Tamiami Trail East, Collier County,
Florida.
22) Recommendation to approve the Release and Satisfaction of Lien in
the Code Enforcement Action entitled Board of County
Commissioners vs. Odet Mendez, Code Enforcement Board Case No.
CESD20080009445, relating to property located at 1924 41st Street
SW, Collier County, Florida.
Page 9
June 22, 2010
23) Recommendation to approve the Release and Satisfaction of Lien in
the Code Enforcement Action entitled Board of County
Commissioners vs Cynthia Aurelio Markle, CEB Case No.
2006060005 relating to property located at 4442 Wilder Road, Naples,
Florida.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Request that the Collier County Community Redevelopment Agency
(CRA) approve the application and recipient agreement for the
Immokalee CRA Commercial Facade Improvement Grant Program
for reimbursement of $20,000 for facade improvements to Jack &
Lil's Unisex Salon located at 324 South Second Street in Immokalee,
Florida.
2) Recommendation to the Board of County Commissioners, acting as
the Community Redevelopment Agency, to approve Change Order
No.6 to Contract No. 08-5073 with RW A, Inc. for the Immokalee
Area Master Plan and Related Services in the amount of$75,000 to
fund additional work, and approve necessary budget amendment.
3) Recommendation for the Community Redevelopment Agency to
approve an Extension and First Amendment to Lease Agreement for
the Bayshore Gateway Triangle CRA to continue leasing its current
office space for a term of (24) twenty-four months, and authorize the
Chairman to sign the Lease Agreement. (Fiscal Impact $23,046).
C. PUBLIC UTILITIES
1) Recommendation to adopt a Resolution approving Special
Assessment Hardship Deferrals for certain Sewer Special
Assessments for the 2010 tax year.
2) Adopt a Resolution to approve the Satisfaction of Lien for the Solid
Waste residential account wherein the County has received payment
and said Lien is satisfied in full for the 1996 Solid Waste Collection
and Disposal Services Special Assessment. Fiscal impact is $20 to
Page 10
June 22, 2010
record the Satisfaction of Lien.
3) Recommendation to approve, execute and record a Satisfaction of a
Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal
impact is $18.50 to record the Satisfaction of Lien.
4) Recommendation to approve Amendment No.2 to the Harris
Computer Corporation contract at an approximate cost of $31 ,000 to
implement IWEB, a web-based credit card payment application
hosted on a third party, Payment Card Industry-compliant website that
will be linked directly to the Collier County Water-Sewer Districts
InHance billing system.
5) Recommendation to provide increased recycling services and
household hazardous waste collection in North Naples by (1)
authorizing staff to design and build a North Naples Recycling Center
at a cost of $1 ,600,000; and, (2) approve the acquisition of 1 acre +/-
of land from the Collier County Water-Sewer District by the Solid
Waste Management Department at a cost of$414,000 for the
construction of the recycling center; and (3) authorize the necessary
budget amendment. These actions will save valuable airspace, comply
with the County's Growth Management Plan, and the Integrated Solid
Waste Management Strategy by diverting recyclable materials from
the landfill and protecting our natural resources.
D. PUBLIC SERVICES
1) Recommendation to provide after the fact approval for the submittal
of a Bring Pets Home Shelter grant application to the Bring Pets
Home Foundation in the amount of$lO,OOO to purchase martingale-
style collars for all adoption dogs.
2) Recommendation to approve and execute documents necessary for the
conveyance to the City of Naples of water utility facilities located at
Sugden Park, at a cost not to exceed $50, Project #80007.1.
3) Recommendation to approve Category A Tourist Development
Page 11
June 22, 2010
Council Grant Applications from the City of Naples, the City of
Marco Island and Collier County for FY-20l0/2011 in the amount of
$2,766,613 and authorize the Chairman to sign grant agreements after
County Attorney's approval.
4) Recommendation to approve and authorize the Chairman to sign two
(2) lien agreements for deferral of 100% of Collier County impact
fees for owner occupied affordable housing dwelling units located in
Collier County. Approval of this item will transfer previously
approved deferral agreements from developer to owner occupants
with a continuing fiscal impact of $30,492.52.
5) Recommendation to approve a Second Amendment to Real Estate
Conveyance Agreement with the David Lawrence Mental Health
Center, Inc. for conveyance of a portion of County owned land
located at 425 1st Street North, Immokalee, at no additional cost to the
County.
6) Recommendation to approve a Resolution to authorize the County
Manager or his/her designee to execute Social/Senior Services grant
applications and contract documents and to supercede Resolution No.
96-268 regarding similar signature authority.
7) Recommendation to authorize the County Manager, or his designee,
to approve Change Order #6 in the amount of$108,488.53 to BCBE
Construction Co., Inc. Contractor for the Goodland Boat Park Project
#80611.1 under Contract #09-5169 to provide additional scope of
work due to unforeseen site conditions.
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve the Revised Railhead Scrub Preserve
Final Management Plan under the Conservation Collier Land
Acquisition Program.
2) Recommendation to approve the Pepper Ranch Preserve Quality
Wildlife Management Hunt Program and direct the County Manager,
Page 12
June 22, 2010
or his designee, to implement the Program annually to include fall and
spring Youth Hunts, year-round General Public Hunts, and spring
General Public Turkey Hunts.
3) Recommendation to authorize the Chairman to sign Modification No.
5 to U.S. Fish and Wildlife Service (USFWS) Cooperative Agreement
No. 401815J021 to fund habitat restoration within Pepper Ranch
Preserve SSA-7 in the amount of$212,600; of which, $75,000 will be
reimbursed by USFWS.
4) Recommendation to approve a Bill of Sale to the City of Marco
Island, Florida, for the conveyance of the required water utility
facilities for the Marco Island Library Rose Hall Addition, at a cost
not to exceed $30.
5) Recommendation to approve an Agreement for Sale and Purchase
with Mark L. Langkil and Penney Langkil, also known as Penney
Lankil for 1.14 acres under the Conservation Collier Land Acquisition
Program at a cost not to exceed $11,925.
6) Recommendation to approve a Lease Agreement with A versana at
Hammock Bay for the installation and operation of County-owned
communications equipment at a first years rent of $600.
7) Recommendation to approve Conservation Collier Geographic
Information Systems (GIS) activities rules and Activities
Authorization Form.
8) Recommendation to award Request for Proposal (RFP) #10-5481 for
Fencing Installation and Repair to three vendors: Carter Fence
Company, Inc., Gateswork, Inc., and FA Remodeling and Repairs,
Inc. in no particular order. Estimated annual expenses are $175,000.
9) Recommendation to recognize and appropriate fingerprinting and
FDLE background check revenues in the amount of $36,922.27 and
approve all necessary fiscal year 2010 budget amendments.
Page 13
June 22, 2010
10) Recommendation to authorize the necessary Budget Amendment for
the repair of the HV AC systems at the Main Chiller Plant (Building
K), Domestic Animal Services (DAS) and Max A Hasse Jr.
Community Park locations in the amount of$57,6l0.
11) Recommendation to accept the report concerning the sale and
donation of items associated with the County surplus auction held on
April 24, 2010, resulting in gross revenues of$348,871.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to adopt the authorizing Bond Resolution which
provides for the issuance of longer term, fixed-rate Bonds to refinance
all of the County's outstanding loans under the Florida Local
Government Finance Commission's Pooled Commercial Paper Loan
Program (the "Commercial Paper Loan Program") pursuant to Board
direction under Agenda Item #10B on April 27, 2010.
2) Recommendation to authorize the County Manager to sign an
acknowledgement and acceptance of terms and conditions letter for a
$5,000 grant from the 2010 Trailblazer Grant Program sponsored by
the National Center for Civic Innovation to enhance our efforts in
creating Citizen Centric Performance Measures as outlined in the
County Manager's FY 2010 work plan and authorize any necessary
budget amendments (Project #33115).
3) Recommendation to approve and authorize the Chairman to sign an
Agreement accepting the annual Emergency Management
Preparedness and Assistance Grant in the amount of $92,901 and to
authorize the necessary budget amendment.
4) Recommendation to approve providing written formal notice to
terminate the Advanced Life Support Partnership Interlocal
Agreement with North Naples Fire Control & Rescue District in 90
days.
5) Recommendation to approve a grant application for the United States
Page 14
June 22, 2010
Department of Justice, Office of Community Oriented Policing
Services (COPS) Technology Program in the amount of $800,000.
6) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2009-10 Adopted Budget.
G. AIRPORT AUTHORITY
1) Recommendation that the Board of County Commissioners, acting as
the Airport Authority, approve and authorize the Chairman to execute
Change Order No.1 to Passarella & Associates, Inc. Work Order
Number 4500116918 in the amount of$13,600, and authorize the
associated budget amendment.
2) Recommendation that the Board of County Commissioners, acting as
the Airport Authority, approve and authorize the Chairman to execute
Change Order No.3 to DeAngelis Diamond Construction, Inc.
Contract No. 09-5245 in the amount of$123,783.
3) Recommendation that the Board of County Commissioners (BCC),
acting as the Airport Authority, approve and authorize the Chairman
to execute the Fourth Amendment to Assignment of Lease from
Global Manufacturing Technologies, Inc. to KPK Management, Inc.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended The Greater Naples Chamber of Commerce - Wake Up
Naples Meeting on April 21, 2010 at 5111 Tamiami Trail North in
Naples, FL. $25 to be paid from Commissioner Coletta's travel
budget.
2) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the National Day of Prayer event and luncheon on May 6,
Page 15
June 22, 2010
2010 at City Hall in Everglades City, FL. $12 to be paid from
Commissioner Coletta's travel budget.
3) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Immokalee Foundation Graduation & Dinner Ceremony
on May 18,2010 at Bethel Assembly of God, 1225 West Main Street
in Immokalee, FL. $20 to be paid from Commissioner Coletta's travel
budget.
4) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended The Economic Development Council (EDC) - Project
Innovation Program Meeting on June 3, 2010 at Naples Beach Hotel,
851 Gulf Shore Blvd, Naples, FL. $20 to be paid from Commissioner
Coletta's travel budget.
5) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Economic Development Council (EDC) - Post
Legislative Luncheon Meeting at the Club at The Strand - 5840 Strand
Blvd. Naples, FL on June 9, 2010. $25 to be paid from Commissioner
Coletta's travel budget.
6) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Eastern Collier Chamber of Commerce Monthly
Breakfast Meeting on May 5,2010 at 506 1st Street South in
Immokalee, FL. $15 to be paid from Commissioner Coletta's travel
budget.
7) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Immokalee Rotary monthly luncheon meeting on May 5,
2010 at 621 N 15th St in Immokalee, FL. $10 to be paid from
Commissioner Coletta's travel budget.
Page 16
June 22,2010
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve the use of confiscated trust funds for
support services to assist in the recovery ofmissinglabducted children.
2) Recommendation to designate the Sheriff as the official applicant and
point of contact for the U.S. Department of Justice, Office of Justice
Programs, Bureau of Justice Assistance Edward Byrne Memorial
Justice Assistance Grant (JAG) FY10 Local Standard grant, authorize
the electronic submission of the application, accept the grant when
awarded, approve associated budget amendments and approve the
Collier County Sheriffs Office to receive and expend 2010 JAG
Standard grant funds.
3) To obtain Board approval for disbursements for the period of May 29,
2010 through June 04, 2010 and for submission into the office records
of the Board.
4) To obtain Board approval for disbursements for the period of June 05,
2010 through June 11, 2010 and for submission into the official
records of the Board.
5) Recommendation to approve a budget amendment in the amount of
$59,000 to keep Teen Court operational for the current fiscal year and
direct an increase in future funding to Teen Court Fund (171) from the
$65 fee.
6) To obtain Board approval of Contract #09-5270, Auditing Services for
Collier County, with Ernst and Young LLP, provide for execution of
the contract and an engagement letter in the amount of $575,000 and
authorization for a budget amendment of $99,700.
K. COUNTY ATTORNEY
Page 17
June 22, 2010
1) Recommendation to approve a Stipulated Final Judgment for Parcel
No. 20T in the lawsuit styled BCC v. Naples Heritage Community
Development District, et al., Case No. 06-0082-CA (CR 951 Water
Transmission Main Project No. 70151) and approve the required
budget amendment. (Fiscal Impact $2,625)
2) Recommendation to approve an Amendment to the Agreement for
Collier County Partial Funding of the Collier County Legal Aid
extending the expiration date to September 30,2013.
3) Recommendation that the Board of County Commissioners, as Ex-
officio the Governing Board of the Collier County Water-Sewer
District, approve the filing of a civil action against Camp Dresser &
McKee, Inc. (Engineering Design), Hazen and Sawyer, P.C.
(Construction Engineering Inspector), and John Reynold & Sons, Inc.
d/b/a Reynolds, Inc. (Contractor) to recover damages incurred as a
result of the raw water transmission pipeline failure at the South
Reverse Osmosis Raw Water Well field that occurred on February 19,
2010.
4) Recommendation to approve amending the October 22, 2002
Contribution Agreement, as amended, relating to the Sabal Bay
Project, by providing that impact fee credits will run with the land in
perpetuity, interest free, until used or assigned.
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
Page 18
June 22, 2010
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item reauires that all participants be sworn in and ex parte
disclosure be provided bv Commission members: PUDA-PL2009-1499
(KD) Lennar Homes, LLC, represented by David R. Underhill, Jr. of Banks
Engineering, and R. Bruce Anderson, of Roetzel & Andress, LP A, is
requesting an amendment to the Heritage Bay Planned Unit Development
(PUD (Ordinance No. 03-40) to add additional development standards for
the AC/R3 designated area on the Master Plan to allow townhouse units, by
amending Section 2.24, to add item F and by adding Table 2A, by allowing
deviations from the Land Development Code (LDC) Sections 6.06.01.B and
6.06.01.01(0) regarding standard road section and road width; by allowing a
deviation from LDC Section 4.05.02.F to allow back out parking; and by
allowing deviations from LDC Sections 4.05.02.1. and 4.05.03 regarding
same-lot parking facilities to allow parking within easements dedicated to all
residents; and by adding Exhibit A-I to show the layout; and by adding
Exhibit A-2 to reflect the area wherein the amendment is effective; and by
adding any other stipulations or regulations that may result from the
amendment process pertaining to the 26-acre AC/R3 designated area within
the 2,562 acre Heritage Bay PUD project. The AC/R3 subject property is
located in Section 23, Township 48 South, Range 26 East, Collier County,
Florida. The subject 2,562 acres (the entire Heritage Bay PUD) is located on
the north side of Immokalee Road (SR 846) east of Collier Boulevard (CR
951), in Sections 13, 14,23, and 24, Township 48 South, Range 26 East,
Collier County, Florida. (CTS)
B. This item reauires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. SV-PL2009-242l TAC
Holdings, L.P., represented by Jeff Riggins, of Riggins Associates, is
requesting a variance from Collier County Land Development Code (LDC)
Section 5.06.04 F.1. which requires a minimum separation of 1,000 lineal
feet between ground signs to allow a sign separation of 328 feet between two
ground signs. The subject property, American Momentum Center, is located
on 8625 Tamiami Trail North in Section 33, Township 48 South, Range 25
East, Collier County, Florida.
Page 19
June 22, 2010
C. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2009-10 Adopted Budget.
D. Recommendation to approve and authorize the Chairman to sign a resolution
declaring the attached inventory list of County owned real property as
surplus land in accordance with Section 125.379, Florida Statutes, for the
benefit of affordable housing.
E. Recommendation to adopt an ordinance authorizing and regulating the use
of traffic infraction detectors consistent with recent passage ofHB 325,
which established statewide legislation regulating red light cameras, known
as the Mark Wandall Traffic Safety Act and to repeal Ordinance No. 2008-
22, as amended, the current Collier County Intersection Safety Ordinance.
F. This item is beinf! continued to the Julv 27~ 2010 meetinf!: An Ordinance
of the Board of County Commissioners of Collier County, Florida,
Establishing Regulations Relating to Public Parks and Beach Access Parking
Areas by Providing for a Title; Providing for a Statement of Purpose and
Intent; Providing for Applicability; Providing for Limitations on Public
Parks and Beach Access Parking and Implementation of this Ordinance by
County Resolution; Providing for Conflict and Severability; Providing for
Inclusion in the Code of Laws and Ordinances; and Providing for an
Effective Date.
G. Recommendation to adopt an Ordinance repealing and replacing Ordinance
No. 08-64, the Collier County Parking, Storage and Use of Recreational
Vehicle Control Ordinance, in order to relocate all applicable regulations
from the Collier County Land Development Code, specifically Section
2.01.00, to the Collier County Code of Laws and Ordinances.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
Page 20
June 22, 2010
June 22, 2010
CHAIRMAN COYLE: Ladies and gentlemen, the Board of
County Commissioner meeting is now in session.
Would you please stand while Pastor John Boutchia of Gospel
Baptist Church delivers the invocation.
PASTOR BOUTCHIA: Our Father in heaven, we thank you for
this beautiful day, thank you for the opportunity to meet together and
to take care of the business of this great county . We thank you for
being able to live here in this great state and in this county of Collier
County .
We thank you for those that take care of the business that is here,
much business to be done today . We ask prayer for these
commissioners, for Commissioner Coyle and Halas and Coletta,
Commissioner Fiala and Henning. We pray that you give them
unction from on high and special wisdom in dealing with the business
that is at hand.
I'm reminded today of the great King Solomon. When God came
to him and asked him, of all the things that he could have on this earth,
what would he desire? And he asked for wisdom.
And Lord, I just ask a special blessing upon these commissioners,
that you give them wisdom today in being able to rightly deal with the
things that are at hand.
We pray today for the business that will be taken care of justly,
and we thank you for those that are being recognized today. I think
today of those that are being given presentations for five years of
service in this county, for Thomas Davis and Stephen Main, for those
who are being recognized for 15 years of service, for William
Seabury, for David Correa, Fred Thomas, Gary Lind, thank you for
their service to this county and to the work that you've allowed them
to accomplish.
Lord, I thank you for this day, again, thank you that we can come
to you and ask for your help, and we come to you to the name of
Jesus, which is above every name, the one who died for us and was
Page 2
June 22, 2010
buried and rose again the third day, that he may give eternal life to all
who place their faith in him.
Thank you again, in Jesus' name, amen.
CHAIRMAN COYLE: Thank you, Pastor Boutchia. We'll need
all the help we can get today.
Would you please join us in the Pledge of Allegiance.
(The Pledge of Allegiance was recited in unison.)
Item #2A
TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA
AS AMENDED - APPROVED AND/OR ADOPTED W /CHANGES
CHAIRMAN COYLE: Okay. County Attorney -- County
Manager, do you have any changes to the agenda you want to go over
with us?
MR.OCHS: Yes, sir. Thank you, Mr. Chairman. Good
morning, Commissioners.
These are agenda changes for Board of County Commissioners'
meeting, June 22, 2010.
The first change is to add Item 9E. It is a Commissioner Coletta
request for board approval of payment to attend a function serving a
valid public purpose. This was added at staffs request.
Next is to add Item 9F to the agenda. Commissioner Fiala
requests for board approval for payment to attend a function serving a
valid public purpose, also at staffs request.
The next change is to add Item 10H. It's a recommendation to
approve amendment number one of agreement 08-5132 to American
Traffic Solutions for provision of a red light running camera
enforcement system and extend the current contract until December
31,2010.
Now, the board will recall that recent legislative changes made in
Page 3
June 22, 2010
Tallahassee forced us to revise our contract with our current vendor.
That law takes effect July 1, Commissioners, so we've been working
very diligently to try to get the clerk, the sheriff, the county attorney,
our staff and, of course, the vendor together with a revised agreement
that we could bring to you before the effective date of that contract.
So we've been able to finally pull that together, and we have it here to
present this morning under 10H.
The next change is to move Item 17D from your summary
agenda to 16D8 on your consent agenda. It's a recommendation to
approve and authorize the Chair to sign a resolution declaring the
attached inventory list of county-owned real property as surplus land
in accordance with section 125.379, Florida Statutes, for the benefit of
affordable housing.
This is an item that was placed under your summary agenda in
error. It didn't require an advertised -- an advertisement, and we
simply are moving it where it belongs on your consent agenda.
Next item is to move Item 17G to 8A, and it's a recommendation
to adopt an ordinance repealing and replacing sections of the Collier
County parking, storage, and use of R V vehicle control ordinance.
This move was made at the county attorney's request in the interest of
getting some brief clarification from the board.
And we have a few agenda notes. Item 16Bl, that there was a
typographical error in the title. The title should reference Immokalee
CRA commercial facade improvements, not as originally stated in the
index.
Item 16G 1, again, the name referenced in the recommendations
portion of your executive summary should read Passarella, rather than
as it reads, Pascrell.
Item 16J3, disbursement dates should be for the period of May
29,2010, through June 4,2010 as correctly stated in your executive
summary. The index on your agenda had a typo, an incorrect date and
it read June 6th.
Page 4
June 22, 2010
And we have two time-certain items, Commissioners. The first
one is Item lOA to be heard at 11 a.m. That's a presentation of a
proposal for a new beach park facility, replacement beach park facility
at Vanderbilt Beach, and Item lOB to be heard at two p.m., discussion
regarding proposed improvements to the Eagle Lakes Community
Park.
That's all the changes I have, Mr. Chairman.
CHAIRMAN COYLE: Okay. Thank you very much.
County Attorney?
MR. KLA TZKOW: No changes, sir.
CHAIRMAN COYLE: Okay. By the way, for the benefit of the
commissioners, we have a speaker for Item 16C5 we will hear from
before we take a motion to approve the agenda.
Let's start with for ex parte and any additional changes with
Commissioner Henning, please.
COMMISSIONER HENNING: Good morning. 17B, I have
some correspondence, along with 17 A. What happened to our policy
on monetary threshold that items would not be on the consent agenda?
We're not doing that anymore? Anything over a million dollars was
supposed to be on the regular agenda.
MR.OCHS: I wasn't aware that that was a policy, sir, but I'd be
happy to implement that going forward if that's -- if that's the board's
desire. Sometimes if we have a sealed bid that's fully budgeted and
it's a routine item, we've placed it on consent agenda in the interest of
moving the agenda along, but it's the board's pleasure.
COMMISSIONER HENNING: I would like to see those items
be placed on the regular agenda, personally. That's what I remember
the policy was.
CHAIRMAN COYLE: Okay. Do we have three nods here?
COMMISSIONER FIALA: Yeah. I'd really like to see the
policy, if there is one, just so that we know. There isn't any?
MR. OCHS: Not that I'm aware of, ma'am. I think Mr. Mudd
Page 5
June 22, 2010
had done that as a practice, but I'm not aware of any formal policy on
it. It's the board's discretion, certainly.
CHAIRMAN COYLE: Well, so that we don't stumble over
ourselves, could we take time to find out if there is a policy?
COMMISSIONER HENNING: There's no written policy.
CHAIRMAN COYLE: Okay.
COMMISSIONER HENNING: It was a practice, I should say.
CHAIRMAN COYLE: I see, okay. All right. Then in that case,
I don't know why we can't just take a nod of heads here to continue
that policy. Do we have three nods? Okay. I think we have three
nods.
MR. OCHS: The million-dollar items and above?
COMMISSIONER FIALA: We always take care of these things
out in the public.
CHAIRMAN COYLE: Yeah, okay, good. Thank you.
And that's all, Commissioner Henning?
COMMISSIONER HENNING: That's it.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yes. I have nothing to declare
and no changes to the agenda.
CHAIRMAN COYLE: Okay. And I have no further changes to
the agenda.
With respect to ex parte disclosure, Item 17 A and B, I have
correspondence which consists only of the Collier County Planning
Commission staff report for both of those items.
Commissioner Halas?
COMMISSIONER HALAS: Yes. The two items that I have are
17 A and 17B. One was on the Heritage Bay PUD, and the other was
T AC Holdings LP, and I have nothing else to declare on consent
agenda nor the summary agenda, and no changes to the regular
agenda.
CHAIRMAN COYLE: Okay. Thank you.
Page 6
June 22, 2010
Commissioner Fiala?
COMMISSIONER FIALA: Yes. On 17 A, I did -- the only
correspondence I have is the staff report from May 6th, same with
17B, although on 17 A I did talk with staff about that briefly before
this meeting just to clarify a couple of questions I had in my mind.
17B, just a staff report from May 6th.
I have no changes to the agenda and no further ex parte.
CHAIRMAN COYLE: Okay. Thank you very much.
We have a public speaker for Item 16C5. Would you please call
the public speaker?
MR. MITCHELL: Yes. Bonnie Hand.
CHAIRMAN COYLE: You have to go to one of the -- the
podium and speak into the mike.
MS. HAND: Bonnie Hand for the Estates at Bay Colony Golf
Club. Good morning, Commissioners.
CHAIRMAN COYLE: Good morning.
MS. HAND: Mr. Ochs. Commissioners, I respectfully request a
continuance on the recycle center, Item 5C (sic). The reason is that
the residents of the Estates at Bay Colony would like an opportunity
just to have the time to receive information on the center.
I just got a presentation from Dan Rodriguez yesterday that I
would like to distribute to the residents about the center. I'd like the
residents to go see the Marco Island center so that you can have their
full support for the project and would like to see this continuance,
please.
CHAIRMAN COYLE: Okay. Thank you very much.
Commissioners?
COMMISSIONER HALAS: My understanding is that -- and I'd
like to have staff intervene in this. But it's my understanding that it
meets all the regulations and the SIC codes, and also I believe there
are public meetings that are going to be given in regards to exactly
how we are going to put this together, the landscaping, and all the
Page 7
June 22, 2010
other means.
But I think that we still have the opportunity to move forward,
but I think that the opportunity's still there that people will understand
the importance of a recycling center in this location. And when you
look at the population of Collier County, that's the most concentrated
area of population, and if we can make it much easier for the residents
to get to a recycling center, to me, I think this is something that's a
win-win for everyone, but I'll let staff add to this.
CHAIRMAN COYLE: Commissioner Henning, you're next.
Would you rather hear the staff response first?
COMMISSIONER HENNING: Well, this is an item that is, was
it $2 million, on the consent agenda? And I do have some concerns
with the recommendations, so we either pull it or continue it.
MR. OCHS: Commissioner, we can continue this item till the --
your meeting on the 27th, and in the meantime we'll address any
questions that individual commissioners have, and we'll also get out in
the community, Bay Colony and other areas, and tell the public
exactly what we would like to see done there.
COMMISSIONER HALAS: Then I'll make a motion that we
table this to the 28th of July.
MR.OCHS: 27th.
COMMISSIONER HALAS: Twenty-seventh.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Okay. So we're going to continue it to
the 27th of July, or maybe even the 28th of July, the way things are
going. Is that acceptable to you, Commissioner Henning and Fiala?
You had your lights on. Did you want to speak now or --
COMMISSIONER FIALA: I just wanted to -- I just wanted to
say real quickly here that when we were talking about building one at
-- over in Bembridge property, there were many people from North
Naples that were saying, what about our recycling center? How come
we don't have one? This is in response to that request.
Page 8
June 22, 2010
And wait 'til you go over the Marco Island one. You can eat off
the floor in that place. It is so clean that -- it's cleaner than I think
many people keep their houses. You will be so impressed.
CHAIRMAN COYLE: Thank you very much.
Do I hear a motion to approve today's agenda as amended, or as
modified?
COMMISSIONER HALAS: Motion to approve today's agenda
as modified.
CHAIRMAN COYLE: Okay. A motion by Commissioner
Halas, seconded by?
COMMISSIONER FIALA: Me.
CHAIRMAN COYLE: 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 9
Agenda Changes
Board of County Commissioners Meeting
June 22, 2010
Add Item 9E: Commissioner Coletta request for Board approval for payment to attend
function serving a valid public purpose. (Staffs request)
Add Item 9F: Commissioner Fiala request for Board approval for payment to attend function
serving a valid public purpose. (Staffs request)
Add Item 10H: Recommendation to approve Amendment No.1 of Agreement 08-5132
to American Traffic Solutions for provision of a Red Light Running Camera Enforcement
System and extend the current contract until December 31, 2010. (Staffs request)
Move Item 170 to 1608: Recommendation to approve and authorize the Chairman to sign
a resolution declaring the attached inventory list of County owned real property as surplus
land in accordance with Section 125.379, Florida Statutes, for the benefit of affordable
housing. (Staff's request)
Move Item 17G to 8A: Recommendation to adopt an Ordinance repealing and replacing
Ordinance No. 08-64, the Collier County Parking, Storage and Use of Recreational Vehicle
Control Ordinance, in order to relocate all applicable regulations from the Collier County Land
Development Code, specifically Section 2.01.00, to the Collier County Code of Laws and
Ordinances. (County Attorney's request)
Note:
Item 16B1: The title should reference Immokalee CRA Commercial Fa~ade Improvements
(not Faade as stated in the title on the agenda index)
Item 16G1: The name referenced in the tlRecommendations" portion of the Executive
Summary should read tlpassarella" rather than tlpascrell". (Commissioner Coyle's request)
Item 16J3: Disbursement dates should be for the period May 29, 2010 through June 4,
2010 as stated in the executive summary. (The agenda index references the incorrect dates
of May 29, 2010 through June 6, 2010.)
Time Certain:
Item lOA to be heard at 11:00 a.m.
Item lOB to be heard at 2:00 p.m.
6/22/2010 8:41 AM
June 22, 2010
Item #2B, #2C and #2D
MINUTES FROM THE MAY 17,2010 -BCC/LDC MEETING;
MAY 25,2010 - BCC/REGULAR MEETING AND JUNE 2,2010-
BCC/LDC MEETING - APPROVED AS PRESENTED
CHAIRMAN COYLE: Okay. We have the May 17,2010,
BCC/LDC meeting minutes, the May 25, 2010 BCC regular meeting
minutes, and June the 2nd, 2010, BCC/LDC meeting minutes for
approval.
COMMISSIONER COLETTA: Motion to approve.
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: Motion to approve by Commissioner
Coletta, second by Commissioner Halas.
Any further discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: It passes unanimously.
Item #3A
ADVISORY COMMITTEE SERVICE AWARDS - 5 YEAR AND
15 YEAR ATTENDEES - PRESENTED
Page 10
June 22,2010
CHAIRMAN COYLE: That brings us to service awards, County
Manager.
MR.OCHS: Yes, sir. We have advisory board member service
awards this morning. Our first awards are for five years of service.
First recipient for five years of service on the Immokalee
Enterprise Zone Development Agency is Chief Thomas Davis. Is he
here this morning? Come on up.
(Applause.)
CHAIRMAN COYLE: Congratulations. Thank you for your
.
servIce.
COMMISSIONER COLETTA: Thank you.
COMMISSIONER HENNING: Thank you.
COMMISSIONER HALAS: Good morning.
COMMISSIONER FIALA: Hey, Tom. How you doing?
Thanks for all your work.
MR.OCHS: Can we get a photo, please, Tom?
CHAIRMAN COYLE: Oh, a photo.
MR. OCHS: Back up a little. There you go.
(Applause. )
MR. OCHS: Commissioners, our next five-year recipient for
five years of service on the Bayshore/Gateway Triangle Local
Redevelopment Advisory Board is Stephen Main.
(Applause.)
MR. MAIN: Thank you, Stephen.
CHAIRMAN COYLE: Steve, how you doing? Thank you very
much. We appreciate your service.
COMMISSIONER HALAS: Thank you.
COMMISSIONER FIALA: You do a great job out there.
(Applause.)
MR. OCHS: We have four individuals with 15 years of service
on advisory boards. The first IS-year recipient for Forest Lakes
Roadway and Drainage Advisory Committee is William Seabury.
Page 11
June 22, 2010
(Applause.)
COMMISSIONER HENNING: Thanks for your service.
COMMISSIONER COLETTA: Fifteen years. Thank you.
CHAIRMAN COYLE: Good morning, Bill. Thank you very
much for your service.
COMMISSIONER HALAS: Good morning, Bill.
Congratulations.
COMMISSIONER FIALA: Thank you so much.
(Applause.)
MR.OCHS: Next recipient for 15 years with the Hispanic
Affairs Advisory Board is David Correa.
(Applause.)
MR. CORREA: I want to thank you for appointing me over the
years to the Hispanic Affairs Advisory Board. It's been a privilege
and honor serving on the board, and you have reappointed me over the
years, so I want to thank each and every one of you. Thank you.
CHAIRMAN COYLE: Thank you, David.
(Applause.)
COMMISSIONER FIALA: We keep appointing you because
you're doing such a great job.
MR. CORREA: Oh, thank you.
COMMISSIONER HALAS: Good morning, David. Thank you
for your service.
CHAIRMAN COYLE: Good morning, David. Good to see you.
Hope we get another ten or 15 years.
COMMISSIONER COLETTA: Thank you very much.
COMMISSIONER FIALA: I'm still in your district.
COMMISSIONER HENNING: I know.
CHAIRMAN COYLE: You need a picture, David.
COMMISSIONER COLETTA: We won't bite.
(Applause.)
MR. OCHS: Fifteen years of service with the Immokalee
Page 12
June 22, 2010
Enterprise Zone Development Agency, Fred Thomas.
(Applause.)
MR. THOMAS: I want to thank you all very much for
everything you're doing to help us become the, probably the mega
region, and I know that tomorrow will be a good day for everybody
here, especially when you approve Jackson Labs and some other
things coming to our community. Thank you very much.
I start with her first.
COMMISSIONER FIALA: Oh, yeah. I can't give you hugs
over here.
COMMISSIONER HALAS: Don't kiss me, but congratulations.
CHAIRMAN COYLE: And I'm not going to give you a hug,
okay. Thank you very much.
COMMISSIONER COLETTA: Fred, good work. Good to see
you.
COMMISSIONER HENNING: Thank you.
(Applause.)
MR.OCHS: And 15 years of service with your Housing Finance
Authority, Gary Lind.
(Applause.)
MR.OCHS: Is Gary here today?
(No response.)
MR. OCHS: That concludes your service awards this morning,
Mr. Chairman.
CHAIRMAN COYLE: Thank you.
That brings us to proclamations.
Item #4A
PROCLAMATION DESIGNATING JULY 18, 2010 THROUGH
JULY 24,2010 AS PROBATION, PAROLE AND COMMUNITY
SUPERVISION WEEK. ACCEPTED BY MEMBERS OF
Page 13
June 22, 2010
FLORIDA DEPARTMENT OF CORRECTIONS, COMMUNITY
CORRECTIONS STAFF INCLUDING SUPPORT STAFF,
MANAGEMENT AND PROBATION OFFICERS - ADOPTED
MR.OCHS: Yes, sir, proclamations. Item 4A is a proclamation
designating July 18, 2010, through July 24, 2010, as Probation, Parole,
and Community Supervision week, to be accepted by members of the
Florida Department of Correction, Community Corrections staff,
including support staff, management and probation officers. This item
sponsored by Commissioner Coletta.
If you'd all please come forward.
(Applause.)
MR.OCHS: Who's accepting the proclamation?
MS. DONALDSON: I will accept it.
MR.OCHS: The chairman has it for you.
MS. DONALDSON: Good morning, Commissioners. I'm Pam
Donaldson, Circuit Administrator, and I'm proud to present you with
the -- some of the Naples staff. This is not all of the Naples staff.
This is Mark Lennon, who's the Supervisor. And it's really nice
because we don't do press releases. We don't often seek recognition,
and these employees are out there nights, weekends, driving their own
cars, purchasing their own guns, all at night -- you know, on holidays,
checking on sex offenders, people on house arrest, and they do, so
they're truly the unsung heros.
So this is Mark Lennon, and he'll say a few words.
MR. LENNON: Just briefly, Commissioners. I'd like to thank
the dedicated staff of Florida Department of Corrections, Naples
Probation and Parole Office.
We presently supervise 1,500 offenders within Collier County.
And as Ms. Donaldson stated, we work nights, weekends and
holidays. It's sometimes a thankless job. It takes a special person to
do this type of job, and I want to thank each and every one of you.
Page 14
June 22, 2010
Keep up the good work. Job well done.
(Applause.)
MR.OCHS: You want to get in the photo, please.
CHAIRMAN COYLE: I need to present this to you, and you
need to hold it in front for the photo, please.
MR.OCHS: Everybody in?
COMMISSIONER HALAS: Got a wide angle lens, I hope.
(Applause.)
COMMISSIONER HALAS: Congratulations. Well done.
CHAIRMAN COYLE: Great job. Thank you.
UNIDENTIFIED SPEAKER: Can I get a photo?
CHAIRMAN COYLE: Of course, of course. You want to get
the two of them? Now this one you have to pay for.
UNIDENTIFIED SPEAKER: Thank you.
CHAIRMAN COYLE: Thank you.
Item #5A
PRESENTATION OF THE COLLIER COUNTY "BUSINESS OF
THE MONTH" A WARD TO P ARKER-HANNIFIN FOR JUNE
2010. ACCEPTED BY TOM SCHLESSINGER AND/OR GREG
CROWE - PRESENTED
MR. OCHS: Commissioners, that takes us to Item 5 on your
agenda, which are presentations. 5A is a presentation of the Collier
County Business of the Month Award to Parker-Hannifin for June
2010. We have a -- we're pleased to have Mr. Tom Schlessinger from
Parker- Hannifin here to make a brief presentation.
MR. SCHLESSINGER: Mr. Chairman, Commissioners, I'd like
to thank you for the recognition that you're affording our company.
I do have a short presentation. I'll try to keep it under two hours.
Actually, I've got a slide show. A little bit about the company . We've
Page 15
June 22, 2010
been in the area now for about 12 years in the White -- in the business
park on Shaw Boulevard.
Parker Aerospace is a division of Parker- Hanni fin Corporation.
We're headquartered -- our division's headquartered in Irvine,
California. Fluid systems division employs about 800 employees.
And within the aerospace division, we account for about 20 percent of
their annual sales.
We have 5,800 employees within the aerospace division; about
50,000 within Parker-Hanni fin worldwide. And here in the Naples
area, we have about 190 employees that are engaged in the design,
manufacture, and sale of aerospace products.
Some of the areas that we sell products in are general aviation,
commercial aviation, military aircraft, and engines for those aircraft.
The products that we manufacture -- and I'll show you a little bit about
what these are. Caps and adapters. When you're on the aircraft and
watching them fuel the plane, when they connect the fuel line to the
aircraft, that cap that -- we manufacture the cap that actually -- the
aircraft's fueled from.
We also do field valves and components, we do oil and hydraulic
systems and water and waste systems.
One of the products that was -- the company was founded as
Shaw Aero Devices years ago, and this was one of the first products
they manufactured. The founder of the company was in an aircraft
that got hit by lightning, and the aircraft came down, and he actually
developed a lightning-safe fuel cap.
We're the industry leader right now in gravity filler caps and
adapters. We have about 80 percent of the caps in the world and 99
percent of the lightning-safe market. A lot of our products are
lightning safe. We have facilities right on site where we can actually
duplicate lightning strikes for all our products. And as you see, they're
just the -- like a gas cap for your automobile; same thing for the
aircraft.
Page 16
June 22, 2010
Another product line that we're in is oil. We actually take the oil
from the engine which comes back from the engine like a foam and
we convert it in a matter of seconds back to a liquid and recycle it into
the engine of the aircraft. We manufacture products for all these
platforms, as you see.
And here's a typical example on an engine. In that blue box, we
see where our oil reservoirs stand or are mounted on the aircraft. This
happens to be a Rolls Royce engine for the 787.
We also do a lot of water and waste products, waste drain valves,
plumbing. Anything that transfers potable water or the wastewater on
the aircraft, we manufacture components for it. And some of the
platforms, we do products for the helicopters. We do commercial
applications. Basically every commercial aircraft, we have products
that fly. The Boeing 787's the newest one.
Military applications, C 17, C 130, regional aircraft, Bizjets, and
finally military aircraft.
As I indicated, we have about 190 employees. I've been chartered
as the site leader to grow the business in the coming years. We
actually would like to see the business double in the next three years.
So that's good news for Collier County and for Parker here in Naples.
Any questions?
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: Well, thank you for being here
this morning.
Shaw Aero, obviously you bought part of their technology, and
they are still in business, your understanding?
MR. SCHLESSINGER: Shaw Development is in business as a
research and development company, yes, but primarily all the
products that Shaw Aero Devices had, Parker-Hanni fin bought in
2007.
COMMISSIONER HENNING: Okay. Are you located in other
areas of Southwest Florida?
Page 1 7
June 22, 2010
MR. SCHLESSINGER: No, we are not.
COMMISSIONER HENNING: Just in Collier County?
MR. SCHLESSINGER: Yes.
COMMISSIONER HENNING: Good. I'm looking forward to
your company growing. Thank you for being here.
MR. SCHLESSINGER: So are we. Thank you.
CHAIRMAN COYLE: Yeah. We appreciate the presentation,
T om. And it might be interesting for the audience to know that in
their lightning strike laboratory, they were asked by the United States
Air Force to test the vulnerability of a C130 wing because there was a
suspicion that it was susceptible to lightning strikes, and in fact, it was
found that was true, and I think you developed a fix for that.
This company manufactures components that are used in
virtually anything that flies almost worldwide. So it's a significant
organization. They do a great job. If you ever have the opportunity to
tour their facility, you would really, really enjoy it.
So we'd like to thank you for being here. We appreciate your
contributions to our community, and hopefully we will be presenting
you one of these awards every year from here on out. Thank you.
MR. SCHLESSINGER: Look forward to it. Thanks.
CHAIRMAN COYLE: Thank you very much, Tom. I have a
plaque to present to you.
(Applause.)
CHAIRMAN COYLE: Thank you, Tom. Appreciate it.
MR. SCHLESSINGER: Thank you for the recognition.
CHAIRMAN COYLE: You deserve it. Thank you very much.
(Applause.)
MR. SCHLESSINGER: Thank you again.
MR. MITCHELL: Commissioner, could we have a motion to
accept the proclamation?
CHAIRMAN COYLE: Okay.
COMMISSIONER HALAS: Motion to approve today's
Page 18
June 22,2010
proclamation.
COMMISSIONER COLETTA: Second.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Motion by Commissioner Halas, second
by Commissioner Coletta.
Any discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: The motion carries unanimously.
Commissioner Henning, was your light left on from before, or do
you have --
COMMISSIONER HENNING: Yes.
CHAIRMAN COYLE: Okay.
Item #5B
JOINT PRESENTATION BY SOUTH FLORIDA WATER
MANAGEMENT DISTRICT, CLARENCE TEARS, BIG CYPRESS
BASIN DIRECTOR AND COLLIER COUNTY STAFF BRIEFING
THE BOARD OF COUNTY COMMISSIONERS ON THE
CURRENT CONDITIONS OF THE AREAS SURFACE WATER
MANAGEMENT SYSTEM AND RAINY SEASON/HURRICANE
PREPAREDNESS-PRESENTED
Page 19
June 22, 2010
MR.OCHS: Commissioners, your next item is 5B, a
presentation -- joint presentation by South Florida Water Management
District, Clarence Tears, Big Cypress Basin Director, and Collier
County staff, to brief the Board of County Commissioners on the
current conditions of the area surface water management system in
rainy season and hurricane preparedness.
MR. TEARS: Good morning, Commissioners. For the record,
Clarence Tears, Director of the Big Cypress Basin, South Florida
Water Management District.
Today we have a joint presentation just to talk about the rainy
season, some of the issues we face, and just the different components
of the system so we all can work together as a community and to try to
get through another rainy season, which we're anticipating to be
extremely wet this year.
Currently the South Florida Water Management District operates
in 16 counties, and we provide water resource and flood protection to
six million people.
In our local area and throughout the district, decades of drainage
and development made it possible for us to live here. And if you look
at some of the old maps in Collier County, it was basically a swamp.
And the Army stated south of, I think it was the Caloosahatchee River,
was uninhabitable. But ditch and drainage in the early '60s, you
know, allowed us to develop this area. And the challenge that we're
facing today is, you know, we have to move this water so we can
protect the public that we serve.
We do have a wet and dry season, as all of you know. The major
months that we focus on is May through October as the wet season.
And the challenges we face is the volume of water that we receive
during the wet season, and we have no place to put it. So basically we
have to discharge it out the bays and estuarine system in Collier
County .
There's three components of the system. You have the primary
Page 20
June 22,2010
system which we operate, which is the major canals, you have the
secondary system, which Travis will talk about, and that's your
secondary canals, and they feed from the neighborhoods into the
primary canals, and you have the tertiary drainage system which is
your neighborhoods. But each one of these components of the system
are extremely important to drainage and flood protection, and each
one of these systems needs to be cleaned and maintained for the
system to operate properly.
What I've seen over the years is a lot of times the primary system
has the room and capacity; however, the water doesn't get to the
primary system. We find coconuts in people's culverts. People like to
put the leaves in their swales. Everybody blows the leaves and grasses
out into the roadway . Well, eventually it goes into the gutter and goes
into the drainage system, and this organic material starts to build up so
you lose the capacity in your system.
We compare it to a roadway superhighway. It's just, you know,
you have the neighborhood component. You have the secondary
system the county operates and the primary system we operate. The
only way a good network works is if all the components are working.
What we do is we maintain 162 miles of primary canals, 46 water
control structures. We deal with vegetation management, which is
always a challenge. There seems to be every year -- about every five
years we get a new weed that infests the canals, and it's a challenge to
try to eradicate these weeds.
And most of them are put into the system by people's aquariums.
You know, they have these beautiful little weeds in their aquariums
and, you know, they get sick of the aquariums, they dump it in the
canal. And in our system, they just take off. Hydrilla's one of them.
We have Floating Hearts, which is a challenge. We just can't find a
way to control it, so basically we use contact herbicides to maintain it,
but it is a challenge for us.
And it seems likes about every five to ten years we get a new
Page 21
June 22, 2010
weed that we have to deal with, and we're just trying to find ways to
control it and try to keep the system open so we can move water when
we need to.
Some of the other challenges, restoring flows and improving
water quality, and I think this will be a big challenge for us from today
forward and as we move forward into the future. One of the
partnerships we had with the county, which is really a success story, is
Freedom Park which acts not only as a park, but as a water quality
park, and it cleans up the water before it gets into the bay.
We're looking at Naples Bay restoration. And the best way to
restore Naples Bay is reducing the inflows to the bay, so we're looking
at ways to restore historical flowways to provide flood attenuation,
improve water quality, and allow water to go where it should be
gOIng.
And the other project is Lake Trafford restoration and Picayune
Strand restoration. Picayune Strand, restoring 55,000 acres, which will
give us some natural flood attenuation and allow the water to move
naturally into the estuarine system.
Other challenges we face is improving aging facilities, always
trying to find better ways to manage the resource, taking out the old
fixed crest weirs, putting larger gates in to convey water, however,
raising the gates at the onset of the dry season to provide water storage
during the dry season.
Another challenge we have is, it's a gravity flow system. So
when we have extremely high tides during the wet season, the water
doesn't move as quickly. When the tides go out, the water moves, you
know, faster. So these are some of the challenges that we face, you
know, after major rain events.
As you all know, Naples Bay watershed at one time was
ten-square mile. Now it drains to 126-square-mile area. And as the
Estates continues to grow, you know, there's more surface runoff that
goes into the system, and it becomes more challenging over time.
Page 22
June 22,2010
This is just another photo of Freedom Park, which not only is a
park, but it improves water quality before the water leaves the system.
The top photo is one of the old structures we recently replaced.
It's not supposed to have the bow in the center. It should be straight
across. And the new structure, you know, operates automatically. The
gates open one at a time, so it gives us a lot more flexibility in how we
release the water and control the movement of that water downstream.
This is just some of the maintenance activities we do in the
primary system. You know, we have aquatic equipment because we
have very limited right-of-way to maintain the banks, and then we do
a lot of chemical treatments from the water, so we try to control the
vegetation.
Every year we take aerial flights, look at the system, see where
we have problems, and we try to address those problems before the
rainy season. We update our standard operating procedures every
year for emergency operations. We work with your county EOC.
We're actually a member of your EOC during a major storm event.
We do regulatory inspections. We inspect all our facilities on a regular
basis. We have communication equipment for emergencies and
nonemergencies. And we meet on a regular basis with county staff to
coordinate our efforts in the secondary and primary systems, some of
our chemical treatments, how we manage the system to try to get a
better expenditure of dollars from both sides, from the county side and
the district side.
And then before -- you know, in the wet season and dry season,
we have different operational criteria. At the onset of the wet season,
we actually lower some of our structure stages in preparation for a wet
-- rainy season; however, we do have operational permits that we have
to follow.
However, before -- usually before a major storm event, we -- if
we have the opportunity, we'll lower the gates and try to move as
much water as we can in preparation of a major storm event; however,
Page 23
June 22, 2010
during the peak season, we don't have that opportunity because the
system's moving as much water as it can. So usually everything's
open, and those are the challenges that we face as the limitations of
the system --
This is just -- shows how much water the district as a whole
moves, about 5.4 billion gallons per day. If you're familiar with the
Fenway Park, they could fill it up 264 times a day. Empire State
Building, about eight times a day.
I looked at, you know, what we could do to reduce the flows
going to Naples Bay, I looked at possibly purchasing a section of land,
putting 14- foot-high berms, and we'd probably fill it up within four
days. So I mean, it's just, when you need the storage, it's just, there's
so much water the moves through our system, it -- you just don't have
anywhere to put it, so you need to really, you know, push it out to tide.
So that, you know, the real goal in the future is trying to find
areas where we can redirect surface flows and allow it to move
through the system naturally without impacting development in
surrounding neighbors.
What's important at the local level and the neighborhood level is,
you need to inspect and maintain neighborhood drainage systems.
Those swales to the driveways, they need to be clean and clear and
make sure we keep trash and debris out of the swales. But everywhere
I go through Collier County, you know, you'll see debris on each side
of these swales, and these are important, because they allow the water
to get to the secondary system, and the secondary system carries it to
the primary system.
But I challenge everybody in their neighborhood, understand
where their control structures are at. Every large development in
Collier County has a control structure, and we need to make sure that
during major rain events it's open and free of debris so the water
leaves the site as it was designed. And all the culverts and drains in
the neighborhood, you'll see, usually at the beginning of the wet
Page 24
June 22, 2010
season, a lot of the needles fall, the palm fronds fall, and they're
blocking some of the drainage culverts and inlets.
So we need to look at our neighborhoods. Keep the trash out of
the system, because eventually it goes into the bay, and try to clean it
up. So I challenge everybody in their neighborhood, look at the
system, keep it clean, make sure your swales and drains are open,
because it will allow the system to operate a lot better and more
efficiently.
This is just some photos after storm events. You know, this is
why we try to keep our right-of-ways free and clear, because we have
limited resources, and we need to try to keep this debris out of canal
system before major storm events.
We do have an information site, Preparing for the Rainy Season,
so if anybody goes to www.SFWMD.gov, they can visit our site, and
it specifically states, preparing for the rainy season, and there's some
good helpful information and tips, and we ask everybody to take a
look at the site and get some additional information to protect their
neighborhoods and prepare for the rainy season.
With that, I'd like to turn it over to Travis, and he'll talk about the
Collier County system.
And thank you.
CHAIRMAN COYLE: Thank you.
MR. TEARS: Do you have any questions?
CHAIRMAN COYLE: Questions? No.
MR. GOSSARD: Good morning, Commissioners. Travis
Gossard, your Road and Bridge Superintendent.
As you know, the county stormwater staff maintains and
performs all the maintenance within the county system. Throughout
the year, we go through and we try to maintain for this type of the year
-- time of the year when we're going to get a lot of rain. We try to
keep the system in very good condition, as Clarence says, had a lot of
maintenance activities. We see a heavy increase in flow of rains and
Page 25
June 22, 2010
water this time of year, as you know.
We maintain approximately 180 miles of secondary canals, 230
miles of tertiary canals, and 47 water level control structures, and four
pumping stations.
What you see here is some of our basic operation and
maintenance activities throughout the county . We do pipe cleaning,
sewer cleaning, vegetation management and control with our airboats.
We do a lot of manual excavation and mechanical excavation out of
the canal system throughout the county. And again, our staffs are out
there year-round trying to maintain this system to prepare for this time
of the year.
There is basically three levels of surface water management in
Collier County, like Clarence said. The responsibility of operating
and maintaining the system is shared between us and the district. It
also is maintained by private individuals and homeowners'
associations, which is a very important part of the system.
This is the canal system within Collier County. The red is
operated and maintained by both the county and the state. The
neighborhood ponds are maintained by the HOAs, part of the PUD
stormwater management system agreements, and they also drain to the
conditional systems.
This kind of expands the system so you can get a little clearer
view of exactly how much is out there within the system.
System canal improvement effort. We are currently doing three
major projects right now under construction. That's the Gateway
Triangle, and that is down there in the Gateway section, corner of 41
commercial area. Lely Manor Canal west outfall, which is the LASIP,
and the Lely Main Canal, which is also LASIP.
Another effort that makes us better prepared for the rainy system
(sic) is our capital improvement construction effort. Every year
several capital improvement projects address system deficiencies,
providing upgrades. These new projects add capacity to the system,
Page 26
June 22, 2010
providing for a high level of service, of flood protection, and water
quality treatment.
We would like, if we can, to have people report flooding. We
have one centralized number. That is listed on the screen. Again,
that's 252-8924. That is our Collier County Road Maintenance
Department. We have got one central number, and if anybody has any
issues out there or questions, they're more than welcome to call us.
We'll definitely get somebody out to take a look or do whatever we
can to try to improve the system.
I want to say that our efforts with BCB have really improved, and
we do a great coordination effort with them every year. They're there
for support and guidance. And it's been a real good upcoming year,
and I think we're definitely prepared for the storm.
CHAIRMAN COYLE: Thank you.
MR. GOSSARD: Any questions?
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes, just one. Is there a main
number -- because most people, when they see a problem area -- say,
for instance, they see an overloaded sewer, you know, junk all over
there, or a canal loaded with debris, but they don't know whose system
it belongs to, is there one main number that they can call to report
stuff like that that needs to be cleaned out?
MR. GOSSARD: Absolutely. The 252-8924 number. If it's not
ours, we'll definitely get it to Clarence and his group, and we'll get it
squared away. That way they're not jumping from number to number.
COMMISSIONER FIALA: Okay.
MR. GOSSARD: We will pass it on to them and take care of it.
COMMISSIONER FIALA: That's a very important message to
everyone, so that they have one number to call, and it will get taken
care of, no matter whose system it is. Thank you.
MR. GOSSARD: Yes, ma'am.
CHAIRMAN COYLE: Thank you.
Page 27
June 22, 2010
MR. GOSSARD: Thank you.
Item #5C
PRESENTATION BY MR. GEOFFREY MOEBIUS, CEO (RET.),
PHYSICIANS REGIONAL HEAL THCARE SYSTEM, ON THE
ST A TUS OF THE PROGRESS TO DATE OF THE BLUE RIBBON
PANEL ON PRE-HOSPITAL EMERGENCY MEDICAL
SERVICES - PRESENTED; MOTION TO APPROVE A $40,000
CONTRACT TO CONDUCT A STUDY - APPROVED
MR.OCHS: Commissioners, that takes you to item 5C on your
agenda. It's a presentation by Mr. GeoffMoebius, CEO retired,
Physicians Regional Healthcare System, on the status of the progress
to date of the Blue Ribbon Panel on Pre-hospital Emergency Medical
Services.
MR. MOEBIUS: Good morning, Commissioners.
CHAIRMAN COYLE: Good morning, Geoff.
MR. MOEBIUS: The purpose of this presentation is to update
you on the progress to date of our Blue Ribbon Panel on the
Pre-hospital Emergency Transportation Services. We've called it
PETS. Everybody needs an acronym.
And two, to request your funding assistance for $40,000 to pay
for a critical data review and analysis by a Florida Gulf Coast
University professor this summer so we may use the results when we
share with you our final report in September of this year.
Our progress to date, the state of pre-hospital care in Collier
County is one of dedicated individuals across all services that are
individually providing the best possible care. There is, however,
considerable mistrust among PETS providers due to weak
coordination and communication. It is essential that community
leaders address these issues in a civil and forthright process.
Page 28
June 22, 2010
The Blue Ribbon Panel first met with the Board of Collier
County Commissioners on February 23rd of this year. We held our
first initial meeting on April 12th with a new panel, which included
representatives from hospitals, emergency department physicians,
EMS, fire, medical director, and the Sheriffs Office. In fact, some of
these members are here today with us, and I'd like for them to stand up
and be recognized.
Thank you.
The conclusions we've reached so far is a PETS panel or council
should be established and charged with conducting a thorough review
of the current state of PETS services provided in Collier County. The
panel should oversee the development of countywide evidence-based
clinical protocols for BLS and ALS services, a multitiered system,
best-practice policies, techniques, standardization of equipment and
materials, certification, and training in Collier County.
The panel initially met on April 12th this year with three
additional meetings and multiple subcommittee meetings. The panel
identified a motto which has successfully integrated both EMS and
fire services on Marco Island. The Marco model is actually a
multitiered BLS system coordinated with ALS as required.
The panel also reviewed multiple evidence-based documents and
articles regarding ALS and BLS services best practices and outcomes.
Based on those reviews a model of BLS and ALS services was
suggested in which BLS services would be provided within four
minutes and ALS services within eight minutes.
The second conclusion, an objective evaluation of the data
related to emergency responses in Collier County is critical to
understanding the challenges and problems we face. A subcommittee
led by Chief James Bloom of the Collier County Sheriffs Office
identified and reported back to the panel an array of the appropriate
data.
Following the identification of an analytical expert from FGCU,
Page 29
June 22, 2010
a proposal for the in-depth review of the data via said expert was
drafted, reviewed by the panel, and delivered to the county manager
for consideration.
Our request is, we respectfully request that the Board of County
Commissioners approve the $40,000 request for funding the PETS
data review to provide us with the information to refine our draft
model and finalize our recommendations on the implementation of a
multitiered system to be delivered to you in September.
Specifically, the PETS data study will produce quantifiable and
measurable deliverables, including but not limited to the identification
of barriers to delivery ofBLS services within the county, such as
boundaries of various districts, location of vehicles within the district,
the location of low, medium, and rate -- high rate areas by type of call,
focusing on the identification of response times by areas, districts, and
rates, location of response teams, total time spent in responding,
including on-scene transfer and return to base and outcome based on
type of call, and the analysis of existing responder capacity and
possible solutions to meet the four-minute BLS and eight-minute ALS
response by type of call.
To the best of our knowledge, this would be the first and most
comprehensive coordinated and centrally focused reality system of
PETS in Collier County. The study results will enhance our final
recommendations to you so you may identify the weaknesses and
strengths of our delivery system and assist all to understand the
potential impact of community-wide BLS response programs.
We appreciate the opportunity you've given us to attempt to serve
and respectfully ask for your affirmative support of our request so we
may complete and present to you our report in September so you may
be -- so you may advocate steps to positively contribute to PETS'
improvements in Collier County.
Thank you.
CHAIRMAN COYLE: Thank you, Geoff.
Page 30
June 22, 2010
Commissioner Henning?
COMMISSIONER HENNING: Mr. Moebius, the PETS data
review, you want, I believe, to have that conducted by somebody from
the university?
MR. MOEBIUS: We did a fairly extensive review and contacted
FGCU to find the best person they had available. We thought it would
be best to have a local person who is -- knows the community, and we
found a professor who has an industrial engineering background, and
also has an interest in healthcare also.
COMMISSIONER HENNING: Mr. Moebius, the full committee
agrees with hiring this person?
MR. MOEBIUS: Yes.
COMMISSIONER HENNING: I think it would be a valuable
service to the citizens of Collier County if we can -- the board can
enter into a contract with the professor at the university not to exceed
$40,000, and I'll make that a form of a motion.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Okay. We have a motion by
Commissioner Henning, a second by Commissioner Fiala to approve a
$40,000 contract to study this data.
I have a couple of questions. If the $40,000 would get us a
completed study, it's not of great concern to me, but there are
impediments I'm not sure that we have clearly identified yet, and they
are the fact that we do not have a standard road grid in certain parts of
the county, and that fact alone prevents us from achieving the
standards that we would like to achieve.
I don't know that this study will solve that problem, and I would
not like to see the study get involved in issues that we already know
about, like that one. I mean --
MR. MOEBIUS: Correct.
CHAIRMAN COYLE: -- we know more about how to change
that transportation network than the consultant would, but I'm
Page 31
June 22, 2010
concerned about the source of funding.
County Manager, we can take some out of your office.
MR.OCHS: Yes, sir. Mr. Sheffield offered to give up half of
his salary.
CHAIRMAN COYLE: Okay, all right. Then it's a done deal.
MR.OCHS: But we can work either through our general fund
reserve, or I would first work with Mr. Summers and see if he's got
any operating funds in his division budget. If not, I would recommend
that we go to our general fund reserve.
CHAIRMAN COYLE: Okay. And just as a rather facetious
remark, I'm surprised that anybody other than lawyers can demand
$250 an hour for conducting a study like this. But nevertheless.
Commissioner Halas, you have a question.
COMMISSIONER HALAS: You have -- it got my question
answered. Thank you very much.
CHAIRMAN COYLE: Okay. Thank you.
And Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. One more time, the
results of this study is going to?
MR. MOEBIUS: It will help us to identify what the issues are
and help us to be able to come back to you with a report that is truly
driven by information and data that's been supported by what we have
-- what we're providing.
COMMISSIONER COLETTA: I'm on board.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Which means it's unbiased.
MR. MOEBIUS: Definitely.
COMMISSIONER FIALA: That's the most important thing of
all.
MR. MOEBIUS: It has to be information that is going to be able
to give us a true picture of the services that are provided here.
COMMISSIONER FIALA: Thank you.
Page 32
June 22, 2010
CHAIRMAN COYLE: Okay. All in favor of the motion, 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: Okay. It's done.
MR. MOEBIUS: Thank you very much.
CHAIRMAN COYLE: Thank you. Appreciate the work you
and your committee have been doing, by the way, Geoff.
MR. MOEBIUS: Thank you.
Item #5D
PRESENTATION BY BUREAU OF EMERGENCY SERVICES
DIRECTOR DAN SUMMERS REGARDING THE DEEPWATER
HORIZON OIL SPILL RESPONSE - PRESENTED
MR. OCHS: Commissioners, that takes us to Item 5D on your
agenda. It's a presentation by the Bureau of Emergency Services
Director, Dan Summers, regarding the Deepwater Horizon oil spill
response.
MR. SUMMERS: Commissioners, good morning. Dan
Summers, Director of the Bureau of Emergency Services and
Emergency Management, and I'm happy to be with you this morning.
Give you a quick update, if there is such a thing as quick, with all the
activities here associated with Deepwater Horizon.
Our office has been especially sensitive to the impacts that the
national news has been portraying with, quote, oil-impacted Florida.
Page 33
June 22, 2010
Well, that's not the case. It is Northern Florida, and have -- being a
son of a family business, I know what important -- how important
good information is.
So again, it's important for me to restate that our beaches and
attractions are open. There is no spill threat within the trajectory
predicted for 96 hours, and any light sheen or product still remains at
least 150 miles away from our coastline.
Weare -- continue to having essentially daily discussions with
Coastal Management, Tourism, and our Naples Chamber of
Commerce to make sure that we are sensitive to the important summer
season but, again, maintain a readiness posture so the community
knows that we are ready.
Locally, we have instituted a recorded message hot line number,
252-7755. That number does not take messages, but it does give a
daily update as to what our -- progress associated with the Deepwater
Horizon incident and any concerns, and also makes a number of
website references to answer a lot of those frequently asked questions
that are presented to us.
We've complemented that with references to Paradise Coast
information as well. Weare open, Commissioners, to any venue that
you think is important for us to talk about the preparedness level and
sort of give the correct side of the story or give an additional side of
the story associated with some of the -- obviously concern to all of us,
but the press issues and how some of those things are being portrayed.
Collier County businesses, if they want to submit a claim to BP,
they can do that. There is nothing in the business environment right
now, much like you have a declared hurricane county. That's not the
case. Any county or any community, any business in the State of
Florida, can go to BP's number, 800-440-0858, and register a claim.
Current situation for us. The governor, as you know, last week
extended the state of emergency declaration for the State of Florida. I
am not recommending to you at this point a state of emergency
Page 34
June 22, 2010
declaration for Collier County associated with Deepwater, and our
surrounding counties are not yet making any recommendation for a
local state of emergency associated with this.
Our contingency plans continue to be refined. We have issued a
number of incident action plans and strategies that have been
available. Collier County's Communication Customer Relations
Department has done an excellent job on the home page. There is a
Deepwater Horizon response icon there. We're posting the updates,
we're posting the maps, we're posting the relevant information on that,
and we continue to stay in close contact daily with the Coast Guard,
BP Officials, State Emergency Management. Most importantly, at the
state CERT, State Emergency Response Team, Secretary Mike Soles
at DEP is really well engaged in this and has made himself personally
available to a lot of local officials in the Panhandle associated with
this, but he has -- very well engaged this operation.
The big question that comes to us now is, what about the oil spill
and hurricanes? And here's where we are. NOAA, National Oceanic
and Atmospheric Administration, has published a white paper on this,
and there are a couple of -- a couple of, I think, very valid assumptions
in this hurricane preparedness -- hurricane concern associated with the
oil.
First of all, the movement of any oil and the hurricane are not
dependent upon each other. Fortunately for us, unfortunately for the
Panhandle, is that the northern Gulf continues to have the most
concentration of what we refer to as heavy oil, meaning the slick that
you have seen, the dark, heavy, full of hydrocarbon slick that you
have seen continues to stay well north.
The hurricane itself in the footprint of the spill will not have
significant increase in the storm's intensity maybe because of heat,
radiant heat associated with the oil spill, or have any decrease in the
storm's intensity because of an absence of evaporation. We don't think
that one is co-dependent on the other in terms of storm track, storm
Page 35
June 22, 2010
behavior.
We also think that -- we are confident that as we see storms --
and they always, whether they're a storm that comes from the Atlantic
and crosses the peninsula of Florida or whether it comes up through
the straits and northern Gulf, eventually it's going to go to the -- I'm
sorry, from the central Gulf and go northern. So we think that we --
we anticipate that that will, unfortunately, move any spill impacts to
the north as opposed to any spill impacts to the south.
A slick would have no impact on surge. It would not degrade the
surge nor necessarily increase the storm surge.
Should we pick up -- and again, I think this is very unlikely, but
let's talk about what-if, because we you know, we always plan that
Mother Nature's going to win this in some capacity. But should we
see some type of residual effects, number one, if we can validate the
material associated with the spill, I mean associated with BP based on
lab results, BP is still the responsible party. So a hurricane does not
negate BP's responsibility.
Secondly, the cleanup might be just something as easy as using
biodegradable soap, or if it does move product to this area -- and
again, we think that's highly unlikely -- we would go back and do a
traditional cleanup operation of skimming and the use of absorbents.
I have in our resource listing not only the AshBritt contractors
that we would typically, or first out the gate, use for debris removal,
typical hurricane debris removal. They have hazardous materials
cleanup expertise, along with another contractor or two that I have in
the queue that can provide me scientific support.
We have had oil spills in the past during hurricanes, and we have
used the national pollution fund for cleanup, or we have tasked that to
state and federal officials depending on the magnitude of the storm.
So while, granted, the oil spill is a scalable response, it's not that we
are not used to addressing spill activity associated with a hurricane.
So I feel like, that we can address it.
Page 36
June 22, 2010
Let me tell you about -- I'm sorry, sir.
CHAIRMAN COYLE: I thought you were finished.
MR. SUMMERS: I've got just a few more, and I'll go lightning
fast, as I can.
CHAIRMAN COYLE: All right.
MR. SUMMERS: Planning assumptions, again, worst-case
scenario for Collier County continues to be any potential tarball or tar
patty, and I showed you that consistency before in the past. We think
we are too far away. The product from wave action would be
weathered and deteriorated, and if we see that, we immediately go to
work.
But the worst-case scenario anticipated today -- and again, this
has been a very dynamic event. We had all hoped that this oil had
been capped by now. But still, our predictive models, if we get any
product -- because the Loop Current continues to work in our favor --
would be the tarball or the tar patty.
We do ask that if it is observed here, that you call local
authorities or the 800 number there and let the state come -- let the
state come and manage that initial sighting. That is evidence in this
process, and it doesn't need to be picked up by the citizen. We want
the responder to validate it. We want to get that sample shipped off to
Connecticut to validate that it's associated with BP.
Tarballs are not new to our coast. They come from all kinds of
different sources and historical sources. But if we see something
affiliated with BP because of our heightened state of awareness, we
want to track that as evidence, let the state official pick it up, let's get
it sampled. And if we see that, then it puts the wheels in motion for a
BP state and Coast Guard cleanup.
There's one thing that needs to give you a little reassurance here,
and that's the SENTRI Program. The United States Coast Guard, U.S.
Fish and Game, Florida Fish and Wildlife Commission, the University
of Florida, and now some contract unmanned aircraft are all
Page 37
June 22, 2010
monitoring the trajectory of this spill. Every day they're flying, every
day they're in the coast, a hundred miles or so. Their typical sortie
mission is from Clearwater to Key West, patrolling that area, giving us
flight data, giving us mapping data, and with -- now that we're this far
into the event, fortunately -- it doesn't lower our preparedness -- but
fortunately we still don't see any impacts to Southwest Florida. But
we have, if you can use the military term, eyes on target, and we have
those vessels monitoring every day, reporting every day back to us.
And if we see any trends, we have with the Coast Guard trigger
points within the operation that if we see anything trending 96 hours
or so out, then we'll start mobilizing those additional resources.
I'm sorry, sir?
CHAIRMAN COYLE: You can't pause.
MR. SUMMERS: Okay.
CHAIRMAN COYLE: If you pause I think you're finished.
MR. SUMMERS: I have to take a breath.
CHAIRMAN COYLE: Okay.
MR. SUMMERS: I'll have to take a breath.
CHAIRMAN COYLE: Next breath you take, that's going to be
th~ end of it, okay?
MR. SUMMERS: Okay. Lots of information to cover, sir. I'm
trying to do a very good job here for you.
Last, but not least, our immediate actions, we've got good
baseline geographical data for our shoreline. We have made requests
to the state and Coast Guard for boom material based on that area
contingency plan. They have not filled that request. But right now all
the resource requests are, in fact, going to our northern Panhandle
counties, but they're very much aware of our supply and material
needs should our threat escalate.
We have plans for this. It's in our Collier County Comprehensive
Emergency Management Plan followed by the United States Coast
Guard's Area Contingency Plan followed by local SaGs and, of
Page 38
June 22, 2010
course, what is going on every day with the incident action planning
with the Coast Guard.
So there are tools and resources, the foundation. There are no
new legal issues that we need to address.
We remain shoulder to shoulder with the Coast Guard and all
those particular communications. Weare very much aware of the
travel time to get boots on the ground down here, and we have
addressed our preparedness plans accordingly.
The legal framework, as I've already mentioned between the Oil
Pollution Act, the new trust funds that have been established, the
Hazardous Substance and Contingency Plan, the National
Contingency Plan, and working with the state DEP. So all of those
things are in place.
Our emergency operations center, our job is to expedite that
response, to expedite the needs, and logistical needs of the contractor,
should it become necessary. But again, our posture right now is that
this is a BPlUnited States Coast Guard unified command operation,
and I see no need to deviate from that at this point.
Couple of areas of concern that I have. Number one is, you
know, how do you manage expectations of emergency management
and not discourage and impact local tourism? So from that
perspective, we've been sensitive.
We are very much aware that -- a lot of interest in volunteers
making contact with this product. A lot of volunteers want to get and
pick that up. We have asked that that not be the case. There's an
occupational standard and health administration policy regarding
contact with hazardous materials, so we've asked the public not to
engage in picking that up.
There's a lot of discussion about volunteer activities. The
Volunteer Florida Disaster website is the resource for that. And if
there is an opportunity for us to use volunteers, just like we have with
the hurricane, we'll do our best to utilize that.
Page 39
June 22, 2010
But at this point, we've asked volunteers not to make contact with
the product. Let us bring those certified employees in.
Just a couple of policy reminders. We want to continue to work
with the unified command efforts. We have asked that parties that are
interested -- I know some of the municipalities have been concerned.
If they have a -- we have not yet received a specific resource request
from a municipality. But if they want to request that, I'll put it into the
chain of command so that it can be approved and, again, so we address
the cradle-to-grave concept in this cleanup.
I want to be very careful that we don't engage unless it's
absolutely necessary, because this will obviously take years to clean
up and remediate, and I want to make sure that the burden of that
continues on BP.
We've provided a number of websites that have been very good.
These are not -- these open source posting from Coast Guard and BP,
unified command, have been very -- I mean, the information has been
real time, so it's been very good.
And I know that's an eye chart, but we'll have available later all
of the 800 numbers and reference information that we have.
N ow I'm going to take a breath and see if you have any
questions, sir.
CHAIRMAN COYLE: Okay. We have two commissioners.
Commissioner Halas first.
COMMISSIONER HALAS: First all of, I want to thank you
very much for your presentation. It was long, but I think it was
thorough.
CHAIRMAN COYLE: You took too many breaths.
MR. SUMMERS: Yes, sir.
COMMISSIONER HALAS: The -- I just want to also add to the
information that at the South Florida Regional Planning Council, we
had a captain from the U.S. Coast Guard to give a long presentation,
probably 45 minutes to 50 minutes long, and their assessment of the
Page 40
June 22, 2010
chances of us being inundated with oil is probably less than 5 percent
and that there has been a lot of research done prior to this oil spill
where they placed scientific buoys in the water to see how they've --
the water -- or the buoys basically follow the Loop Current or the
currents along the west coast of Florida, and they found that research
has been done early on and that most of the buoys never ended up on
shore. They ended up somewheres around 50 to 70 miles off coast.
So with that data and with their assurance that, as far as we're
concerned, that our chances of having an event down here of the
magnitude that they're having up north is less than 5 percent.
Thank you.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: True or false? Gasoline plumes,
both liquid and vapor, are they out there?
MR. SUMMERS: Sir, not to my knowledge at all. Anything that
would -- you're talking about generated from the Deepwater Horizon
COMMISSIONER HENNING: Correct.
MR. SUMMERS: -- incident specifically? Sir, there were some
early reports of odor in the Tampa area, and that was somewhat of a
wind anomaly associated with two things, number one, the release
and, number two, what's referred to as in situ burning where they have
gotten those plumes of oil collected in such a way that they can ignite
the surface oil and burn that off.
At this point we have air -- there is air modeling going on
extensively by the state, also the University of Florida, in their
research vessels making this patrol, that are doing air sampling as
well, and we have no reports of that at this point.
COMMISSIONER HENNING: Is there any subsurface ground
cracking around the deepwater well or -- yeah, well?
MR. SUMMERS: Sir, I am not privy to -- at this point to any of
the geological information around the well. I'll be glad to try to find
Page 41
June 22, 2010
that out for you. I've not researched that.
COMMISSIONER HENNING: Thank you.
MR. SUMMERS: Thank you.
CHAIRMAN COYLE: Okay. Dan, I appreciate your report,
very thorough. I know you always do complete plans. You'll only
find me in disagreement with respect to reliance so heavily upon
others to do the job.
When we had Hurricane Wilma here, this county was pretty
much self-sufficient.
MR. SUMMERS: Yes.
CHAIRMAN COYLE: You had planned everything properly.
We got everything done. When some of our supplies that were
promised to us by the state disappeared and we couldn't get what we
needed, we compensated, and we got the job done, and you did a
really, really good job.
It's no surprise to anybody in this room that the people in
Louisiana and the Panhandle of Florida are not happy with what's
happening with the -- their state and federal responders, and I have no
doubt that the same thing would happen here, and it might even be
worse because a lot of the resources might very well have been used
up further north if it ever gets here.
And I think the worst possible scenario we could be faced with is
a hurricane that comes in from the Gulf and drives some of the oil
ashore here.
MR. SUMMERS: Yes, sir.
CHAIRMAN COYLE: I am not aware of anything we've ever
done with respect to trying to clean up oil or block the oil from
entering our estuaries with hurricane force winds anticipated. I don't
know what we'd do with that, and that's my real concern. I am
confident that you can handle the standard hurricane preparation
processes and/or the oil issue. The problem is, what happens if one
causes the other? The hurricane drives some of that oil eastward to
Page 42
June 22, 2010
the shores of Collier County?
And I continue to be concerned about how we're going to seal off
the inlets to minimize the amount of damage done to our estuaries.
And I'd like to get a better understanding for how much we can
do if things start falling apart at the state and federal level. I know we
can't afford to buy all the boom that we would need under those
circumstances and store it here in anticipation of a 5 or 10 percent
chance of it happening.
But what can we do if it really gets to that point? How are we
going to protect our estuaries under those circumstances? And how
can we work out any arrangements necessary with suppliers to get the
necessary supplies here?
MR. SUMMERS: Sir, it's a great question. Let me share with
you, first of all, that -- make no mistake, I have walked a tightrope on
this between unified command and what Collier County should, in
fact, do to be self-sufficient.
I have reached out to a number of vendors. I am seeking some
proposals. I plan on preparing a paper for the manager's review for a
couple of options along those lines that I think have cost benefit to the
county to add something to our preparedness.
The challenge right now is that the technology in typical
traditional booming is absolutely -- has no fortification with a wind
event or a high -- or a storm surge event.
Now, I will say that, should we go into the hurricane scenario, it
does then open the Stafford Act. As you know, we're not doing
anything in the typical FEMA response. FEMA has said very clearly
they have pushed away, that is, this is an oil event. This is an Oil
Pollution Act responsibility.
But if I do put a hurricane on top of that and I do have residual
effects, at least then I get the opportunity through the Stafford Act to
expend funds and to do things and to get reimbursed, and we'll figure
out at some point how BP and FEMA at that point will negotiate that.
Page 43
June 22, 2010
I will tell you that -- not to raise expectations, but in a high wind
or a high storm surge event with pure product, heavy product here,
with the bays and estuaries, I don't have an immediate solution other
than the typical booming and absorbing type posture that we would
want to have.
It might be that other resources by BP and Coast Guard are
visited. We have one other challenge here, and that is essentially
shallow water. And that shallow water is -- again, is a real
impediment to some of the equipment that might be available for
deepwater operations, if I can use that term.
So it's -- our head's in the game. We're going to work as hard as
we can. Just because it's a 5 percent doesn't mean we're not going to
continue all due diligence with planning and options, but right now I
don't have an immediate answer for that material if it arrives under
high seas.
CHAIRMAN COYLE: Okay. I'd really like to reach out to
some of the organizations in the county and to solicit their
recommendations about what we might be able to do under a very
severe and complicated event. Although I understand your need to
retain this under unified control from the standpoint of funding and
other assistance right now, the people who work on the water and the
conservationists who work with the wildlife and water quality issues
are particularly well qualified to anticipate what kind of preventative
measures or cleanup measures might be most appropriate.
And to give you an idea of something I'm thinking about, is, I
understand that if you tried to block off Gordon Pass and we had 75
knot winds, you're not going to do that with a boom.
MR. SUMMERS: Correct.
CHAIRMAN COYLE: Is there anything that can be done inside
the passes where they would be protected from the direct brunt of the
surge that would also permit us to minimize the amount of oil flowing
into the estuary?
Page 44
June 22, 2010
MR. SUMMERS: Sir, nothing would stop us from trying to do
close shore booming operations, but this boom, to be successful, needs
to be attended.
CHAIRMAN COYLE: Yeah.
MR. SUMMERS: And so you may have some luck with
stationary boom. The thing that we don't want to do unnecessarily is
go through a storm surge event, have a vessel out there attempting to
monitor and lose a life. So we'll address that.
But, Commissioner, I'm very -- I'm very open -- and we have
done this very successfully on two occasions with Coast Guard now.
Basically what we call a planning charette, and we get some outside
parties that we're not used to working with, typically hurricane or
emergency management, and we have -- I have been on the phone
with a lot of these agencies over the last 50 days. We are certainly
happy to sit down with them, and we may even call a forum and say,
let's just have a roundtable and revisit the hurricane option, and I am
very happy to do that, very happy to get our Coast Guard and BP
players here. There is some of that going on in Tallahassee as we
speak. And as you said, that local involvement is important.
So I'll take that back and put something together that allows an
opportunity for me to have a forum with some of these agencies, and
we'll brainstorm a little bit and look at some options.
CHAIRMAN COYLE: Yeah, I would appreciate that.
MR. SUMMERS: Happy to do that.
CHAIRMAN COYLE: And particularly the Conservancy, the
commercial fishermen, the boating association, any of those would be
helpful, and I would be willing to bet somebody's going to have some
good ideas.
MR. SUMMERS: Sir, we welcome that and be happy to move
forward.
CHAIRMAN COYLE: Okay. Thank you very much, Dan.
Any other questions, comments?
Page 45
June 22, 2010
(No response.)
CHAIRMAN COYLE: Okay. Thank you, Dan. Appreciate it.
Item #6A
PUBLIC PETITION BY MS. DONNA SADLER REGARDING
THE PLANNED INSTALLATION OF A BRIDGE OVER THE
CANAL ON 23RD STREET SOUTHWEST - DISCUSSED
MR.OCHS: Commissioners, that would take you to 6A, your
public petition. You have one public petition today, and it's a request
by Ms. Donna Sadler regarding the planned installation of a bridge
over the canal on 23rd Street Southwest.
MS. SADLER: Good morning.
CHAIRMAN COYLE: Good morning.
MS. SADLER: My name is Donna Sadler, and I want to thank
you for allowing me the opportunity to speak on behalf of the
residents on 23rd Street Southwest who do not want a bridge over the
canal.
First, I have lived in Naples for 34 years. I have lived on 23rd
Street Southwest north of the canal for over 25 years.
The residents chose this street to live on because it's a quiet,
peaceful, dead-end street, not a boulevard or a through street like 25th,
27th, 29th, or 31 st Streets.
I believe Commissioner Donna Fiala has a place in her home
state. She goes there to get peaceful. 23rd Street Southwest is where
we go to get peaceful.
I believe Commissioner Jim Coletta lives on a quiet dead-end
street so he knows what I'm talking about.
Next, there are some common-sense reasons why not to build a
bridge over the canal. As you can see, 25th Street Southwest is only
one street west of 23rd Street Southwest. It's already a through street,
Page 46
June 22, 2010
so is 27th, 29th, and 31st, already through streets.
Thirteenth Street is where the fire station is. There is a bridge
over 13th Street. That gives them quick access to this whole area.
Right now the traffic flows up 23rd Street. They make a left onto
White Boulevard. If they want to access Golden Gate Boulevard, they
just have to go this -- and turn, and they are there.
You put a stop sign here, once a bridge is through, it will create a
more busy intersection. Thank you.
There are some -- there are some economic reasons why not to
build the bridge. Twenty-third Street Southwest north of the canal is a
narrow street. It's only 18 feet wide. It is not wide enough for through
traffi c.
It has deep drainage ditches due to the widening of Golden Gate
Boulevard. Road improvements will be needed. Not only will the
street be opened up to more car traffic, but the 18-wheeler trucks from
the American Farms, the dump trucks, school buses, et cetera.
Ballpark figures giving us -- given us was 4.5 million for the 23rd
Street Southwest bridge and needed road improvements. Can you
justify the cost for just one more street leading to Golden Gate
Boulevard?
You must also consider the money that has already been spent on
previous work done on 23rd Street Southwest north of the canal;
ditches, culverts, cement aprons that would all be undone.
White Boulevard is, to the residents on the south side of the
canal, like Golden Gate Boulevard is to the residents on the north side
of the canal, main exits. They need White Boulevard to be widened to
four lanes or at least widened.
N ow is not the time to be wasting money on unnecessary bridge
and road improvements. The money saved could be used towards
improving White Boulevard.
The residents on south -- the south side of the canal need a more
southern exit, not another north exit leading them up to Golden Gate
Page 47
June 22, 2010
Boulevard. Shortfalls in the budget are affecting the police, the
firefighters, EMS and more. The economy is in a slump. People are
losing their jobs and their homes to foreclosure.
Another area of concern and reason why not to build the bridge
over the 23rd Street canal deals with growth management. This is
what we have been told. The 23rd Street bridge is being built over the
canal because the county needs to replace the White Boulevard bridge.
Since Growth Management Department identified the need of
this bridge, for better connectivity, it made sense to utilize this new
access in order to expedite replacement of the bridge at White
Boulevard. As a two-lane, undivided road, the extension of23rd
Street Southwest is not intended to be a major shipping or trucking
route but to provide more accessibility to residents of the Estates.
This is something the residents north of the canal don't
understand. We will become a major through street. Why must
residents of 23rd Street Southwest have their lives turned upside down
just to make things easier for growth management plans? Again, 25th
Street Southwest is just one street west of 23rd Street and is already a
through street.
What is the benefit of having this bridge over the canal on 23rd
Street other than another north access? Is there another motive for the
bridge other than needing it for the White bridge replacement?
Some solutions that will benefit everyone. Work on the White
bridge one lane at a time. Residents on the south side of the canal have
been dealing with one-lane closures on the bridge further up on the
White Boulevard since June 8th. And as reported to me by friends and
family who have been impacted by this bridge closing, it hasn't added
much time at all to their overall commute time.
Residents closer to 13th Street Southwest will most likely use
that street to exit to avoid the White bridge replacement traffic.
Perhaps a temporary bridge next to the existing White bridge. There is
enough room for it to be done. Also, use of accelerated bridge
Page 48
June 22, 2010
construction, precast concrete bridge replacement. Projects have been
done in 46 (sic) hours with no impact to rush-hour traffic.
A worst-case scenario would be to install a temporary pontoon
bridge over the 23rd Street Southwest canal for car traffic only. No
trucks. Then have the White bridge replaced as quickly as possible
during the summer break.
In closing, bringing all the traffic up from the south of the canal
north to Golden Gate Boulevard is not solving anything. It will
impact both 23rd Street Southwest and Golden Gate Boulevard
immensely. The 23rd Street bridge is not a needed bridge. It is only
needed for the convenience of the replacement White Boulevard
bridge.
Again, the residents on 23rd Street Southwest chose to live on
this quiet, dead-end street. We enjoy the fact that it is a quiet,
dead-end street where kids can ride their bikes and skateboards,
people can walk their dogs or jog. To open this street up to become a
through street will change our lives forever and take away our
peacefulness; therefore, the residents on 23rd Street Southwest are
asking the Board of County Commissioners, the Department of
Community Affairs, and the Collier County Planning Commission, to
please reconsider and not build the bridge.
Thank you.
CHAIRMAN COYLE: Thank you very much.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes. Ms. Sadler, thank you
very much for being here today. I invited you because I really wanted
you to come before the commissioners, because this is an item of
concern for you and your neighbors.
What I'd like to do is direct some questions to transportation,
because you brought up some very good questions, and I do believe
that we should ask transportation to try to explain exactly what their
thoughts are on this and why this particular direction was chosen.
Page 49
June 22, 2010
Nick, Jay, Norm, whoever.
CHAIRMAN COYLE: And could we keep that very brief?
Because our policy is, on public petitions, we vote either to bring it
back or not to bring it back for a full hearing. So I don't want to try to
resolve this whole thing today . We've got a lot of business here to do
today.
MR. CASALANGUIDA: Good morning, commissioners. For
the record, Nick Casalanguida with the Growth Management Division.
This bridge was approved as part of your Growth Management
Plan back in 2003. You had two specific policies where the Golden
Gate Master Plan was done, and they reference this specific bridge.
And I'll read them to you.
Policy 6.11. In planning to increase the number of route
alternatives to the Estates area, the Collier County Transportation
Division will prioritize the following routes over other alternatives.
The 1 B noted is the development of a north/south connection from the
eastern terminus of White Boulevard to Golden Gate Boulevard.
Policy 7.31 further states, by 2006 -- and we're a little bit behind
-- the Collier County Bureau of Emergency Services, the Collier
County Transportation Division, Golden Gate Fire Control and Rescue
District and other appropriate federal, state, or local agencies shall
begin establishing one or more of the following routes for emergency
evacuation purposes.
And C is the construction of a north/south bridge on 23rd Street
Southwest between White Boulevard and Golden Gate Boulevard.
As the viewer shows, that connection -- and I'm going to -- if I
could -- this is 23rd Street now, and it terminates right there before
going west down White Boulevard. There are already two bridges on
23rd Street, so the connection from 23rd naturally occurs all the way
up to Golden Gate Boulevard with this bridge right here.
And so what staff has done is a bridge study back in 2008, and
we went through and looked at all these bridges. Bridge number one
Page 50
June 22, 2010
was identified as part of your Growth Management Plan, and this road
is the only road that continues south through two existing bridges that
goes down to Brantley/Keane, to the development down in this area.
So it's a natural progression. It's the only road east and west from
13th to Collier Boulevard that goes all the way farther south. So that
was a natural choice.
When Mr. Ahmad, who will be up in a second, went through and
did the bridge analysis report, they looked real quick and determined
that that White bridge that's existing needed to be replaced and
repaired. This provided a perfect alternative for us to do an additional
bridge that was already adopted and use it for maintenance of traffic
while we're repairing a bridge that was already existing.
Do you have any other questions for me?
COMMISSIONER COLETTA: Yes, just one quick question,
Nick. Why can't -- the suggestion was made that a temporary bridge
be put in next to the White bridge. Is that feasible?
MR. CASALANGUIDA: It's feasible, it's just expensive. The
amount of money you would spend to put in a temporary bridge would
almost equal the cost of a new bridge. So at that time it was
considered that this was already on your Growth Management Plan
approved in a study, and that we would put an alternative route in
place for almost the same cost as an altern- -- temporary bridge.
COMMISSIONER COLETTA: One last question, Nick. The
public process, how involved was it? Did we go through a full public
process?
MR. CASALANGUIDA: Sure. Real quick, sir, we sent out
postcards, we had media releases, we had a variable message board.
We had about 150 people attend a meeting at Oak Ridge Middle
School, and it was also presented to this board as well. So it was
pretty -- pretty vetted.
COMMISSIONER COLETTA: Thank you, Nick.
CHAIRMAN COYLE: Okay. Is there a motion to bring this
Page 51
June 22,2010
back for a hearing?
(No response.)
CHAIRMAN COYLE: Okay. Very well. Thank you very much
for the presentation.
MR. OCHS: Commissioners, would you care to take a break for
the court reporter, sir?
CHAIRMAN COYLE: Yes, we're going to take a ten-minute
break. We'll be back at --
MR. OCHS: Just a reminder, you have an 11 a.m. time certain.
CHAIRMAN COYLE: Yes. Be back here at 10:45.
(A brief recess was had.)
Item #9A
DISCUSSION REGARDING POTENTIAL SETTLEMENT OF
THE LAWSUIT INVOLVING THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT - MOTION DIRECTING THE
COUNTY ATTORNEY AND STAFF TO NEGOTIATE A
SETTLEMENT WITH SFWMD - APPROVED
CHAIRMAN COYLE: Ladies and gentlemen, the Board of
County Commissioners' meeting is back in session now, and we're
going to hear a presentation from Commissioner Coletta concerning
the potential settlement of the lawsuit involving the South Florida
Water Management District.
And timer, will you please set his clock for three minutes?
COMMISSIONER COLETTA: And I just want to tell you,
Chair, how thrilled I am that I brought such a big crowd out for my
issue here today.
Well, this has been a big issue. It's been going on for a long time,
and I'm going to try to be about as brief as I possibly can with it.
As you know, this Southwest Florida Water Management asked
Page 52
June 22, 2010
the BCC back in June of 2003 to vacate 267 miles of road in southern
Golden Gate Estates, which eventually became the Picayune Forest.
Thank you very much.
Eventually this went on until, in -- September 24th, Water
Management and the State of Florida agreed to convey to the county
640 acres for A TV use at no cost to the county no later than October
1, 2005.
In -- June 23,2009, the anticipated October 1,2010, statute of
limitations, anticipating that, the BCC directed the county attorney to
instigate a legal proceeding so that we wouldn't be lost out on the
statute of limitations on trying to provide the amenity that we need.
The efforts have been many, and I listed a couple of them here,
and there's actually about five other efforts that took place that went
nowheres. And it was just so much to the presentation before
Commissioner Coy Ie lost his patience, so I kind of shortened it up a
little bit.
But it goes back to June 14, 2005, Water Management offered
625 acres adjacent to Lake Trafford. This is the spoil site for what
they were pumping out of Lake Trafford to be able to restore the lake.
That had to be rejected by the county because, what happened was, it
was arsenic and sulfide that was going into the soil, and it raised an
issue of safety for especially young riders.
Then we moved forward. State officials in June of 2006 offered
750 acres of old tomato fields in Belle Meade. That went absolutely
nowheres. That was in Collier County.
January 2008 we pursued and received a change in the state
regulations regarding A TV use, trying desperately to find some way to
be able to restore some as semblance (sic) of what the ATV
recreational community had lost with the loss of the Picayune.
So we worked with Mike Davis, and we came up with a rule that
allowed counties to be able to allow A TV use on dirt roads where they
thought it would be appropriate.
Page 53
June 22, 2010
Well, when we finally got the rule in place, we evaluated it for
what it was, and we had to opt out of it because of safety, legal, and
residential concerns. As you can see, it's all been a wonderful
experience so far.
Then -- whoops. Going the wrong direction. As you can see, this
is a new time for me here.
Then Water Management did try to come up with some working
arrangements. And back in June of 2008, they found a temporary site
for us in Acola (sic) land up north of Immokalee for ATV use, and we
were very excited about it. And everything was moving forward,
money was being put into it. It was going to open in about another
four or five months from the date they started. Well, then they found
the caracara bird there, and so that went away.
Now, this keeps moving forward. October of2009,
Harley-Davidson decided they were going to sell their tract. We took
a quick look at it; we determined that it not acceptable due to the cost
and the residential location.
January 2010, the BCC unanimously approved transmittal of the
Miami-Dade Jetport recreational plan to the DCA. The plan was
ultimately rejected by our own county staff, our own EDC advisory
board, the Collier County Planning Commission, the Regional
Planning Council, staff report, and DCA, of course themselves. The
Army Corps of Engineers, just to drive the stake a little bit deeper,
along with Southwest Florida Water Management and numerous
environmental agencies, filed letters of objection.
Okay. What this is -- I'd like my commissioners to consider.
During our summer recess, to allow staff to go back to Water
Management with these particular factors to be able to see if we can
come up with a working arrangement. I don't want to give up. If the
money -- if we finally reach a settlement with Water Management that
involves money, we're doing nothing more than moving money from
one taxing authority to another. There is nothing gained, nothing
Page 54
June 22, 2010
that's going to be substantial that's going to make the public whole for
what they lost.
So what I'm proposing is that Southwest Florida Water
Management purchase the 320-acre, already permitted, tri-county
recreational sports park on State Road 82 in Hendry County or a
similar permitted facility in Collier County.
This facility is to be a turnkey operation, ready to go. As
compensation for the reduced size and value of the promised 640-acre
site, South Florida Water Management would provide two fishing
piers, one on each side of the Marco Island Jolley Bridge for use by
the Collier County residents. The original fishing piers were knocked
out back during Wilma a number of years ago. It was an amenity that
the people of Collier County truly enjoyed.
The -- these fishing piers will also be turnkey, and public use in
all respects -- be ready for public use in all respects, including
permitting, mitigation, parking lots, and so on.
Then the 625 acres next to Lake Trafford original site for the
A TV park would be environmentally restored and turned over to
Conservation Collier for merger with Pepper Ranch property for
preservation and future enjoyment of our residents and visitors. This
action would not be applied to the South Florida Water Management
District's outstanding debt to Collier County.
It's very simple. They're going to have to restore it anyways
when they get through using it. Who better to manage it than ourselves
and to be able to have our people recreate on it?
Upon a completion of the above, any funds short of the realistic
settlement will be deposited with Parks and Rec for use in the
development of future parks.
So here's a map from a distance. This is a little bit better one.
The project site, the reason it's got tri-county name is because it's
situated right at a corner of Hendry County with Collier County being
on one side and Lee County on the other side. So it's a little bit
Page 55
June 22, 2010
remote.
The site was a former -- a gravel pit, rock pit and, of course, right
now none of them are doing any business. The owner of it's willing to
sell it. He has it already permitted for this.
His intentions was, on his own, to open up this park for
residential use; however, with that said, the downside to it is, he's also
trying to secure from Hendry County an overlay to go on top of this
that would allow for residential and commercial use with the idea that
when the market returns, he can go back into mining the gravel and
the sand or he could go into commercial/residential use for the
property. So whatever he did would be a short-term measure.
And this is his site plan as he has it at this point in time. This is
the one that the Hendry County Commission's seen and endorsed, and
I've talked to Hendry County commissioners; very, very supportive of
what we're looking at and the possibilities of it.
So what I'm requesting of the Collier County Commission today
is to direct the county attorney, working with the appropriate county
staff, to meet with South Florida Water Management District so as to
resolve the pending litigation consistent with the proposal for
consideration, and provide a status report to the BCC at the September
2010 regular meeting. Sir?
CHAIRMAN COYLE: Thank you very much, Commissioner
Coletta.
We have Commissioner Henning with a question.
COMMISSIONER HENNING: Mr. Coletta, I -- I'm very
impressed with your presentation today, your PowerPoint, and I think
you did a wonderful job. And I think you earned your pay today.
So I make a motion that we direct the county attorney to enter --
or negotiate a settlement with South Florida Water Management to
resolve this lawsuit.
CHAIRMAN COYLE: Okay.
MR. MITCHELL: Sir, we have four speakers.
Page 56
June 22, 2010
CHAIRMAN COYLE: We have four speakers. Would you
want to go ahead and take action on your --
COMMISSIONER COLETTA: Well, I --
CHAIRMAN COYLE: See if there's a second to the motion?
COMMISSIONER COLETTA: If there's a --
COMMISSIONER FIALA: I'll second.
COMMISSIONER COLETTA: Do I have a second?
CHAIRMAN COYLE: Okay. Commissioner Fiala seconds the
motion.
COMMISSIONER COLETTA: If I could, in the interest of time
and the fact that we are short, we have a motion, we have a second. I
think you know how I'm going to vote. You need three votes to move
this forward.
So if you have something to add do this one way or the other,
please do. Keep that in mind that there's -- already heading in the
right direction towards a vote to be able to consider this and bring it
back at a future meeting with all the bells and whistles we need to be
able to evaluate it.
CHAIRMAN COYLE: Okay. Can you call the first speaker.
MR. MITCHELL: Ray Russell.
MR. RUSSELL: Good morning. My name is Ray Russell, and I
live in District 3, but I'm here today in the capacity as the President of
the Naples Fishing Club.
We didn't have a lot of details on this, but we would encourage
you to give it serious consideration because, by restoring the fishing
opportunities at the Marco River Bridge, you will enhance the
opportunity for those in the county that don't have boats.
I think many of you who are fishermen understand that bridges
and passes are normally very good fishing environments because fish
like structure, and they like moving water.
You are, if you can adopt this idea, are simply re-establishing
something that already existed.
Page 57
June 22, 2010
I would like to compliment the commissioners on their past
efforts in terms of increasing access to the water, your expansion of
the parking facilities on 951, the activities down in Goodland for a
new site, the Port of the Islands activity. All of those have increased
the access to the water for residents of our county who consider access
to the water one of the reasons that we live here.
So please give this significant consideration.
CHAIRMAN COYLE: Thank you.
MR. MITCHELL: The next speaker is Sari McMahon.
MS. McMAHON: McMahon.
MR. MITCHELL: McMahon.
MS. McMAHON: Hi. I'm here for my husband Brian who has
been involved with this issue for quite some time, and working with
Mr. Coletta, and the only thing I'd like to add out of what -- his
statements -- you covered everything except for, he does feel that
there should be a 90- to 120-day time limit put on Southwest Florida
Water Management's District because they have a long record of bad
faith in their litigation and not following through. So that's the only
thing I'd like to add is the time limit.
Thank you.
MR. MITCHELL: Duane Billington.
MR. BILLINGTON: Good morning, Commissioners. For the
record, my name is Duane Billington. I'd like to thank Commissioner
Coletta for the time and effort he spent on this.
I only have one comment to make, and that has to do with the
facility down at the Vanderbilt Beach where it's proposed that we do
restaurant -- restrooms, and also a concession stand.
CHAIRMAN COYLE: Duane, that is not an item for discussion
at the present time. If you want to speak on that item, you have to
wait until that item comes up.
MR. BILLINGTON: Okay, okay. I thought it was all part of
one and the same the way it was presented in the press.
Page 58
June 22, 2010
Again, thank you, Commissioners.
MR. MITCHELL: Jim Flanagan.
MR. FLANAGAN: Jim Flanagan, 280 22nd Avenue Northeast.
My only concern here is that the 640 acres hav~ been promised for a
long, long time. Three hundred acres is half of that, and when you go
riding in an A TV, it takes a lot of land to run a mile. And when you
put a -- 20 or 30 or 40 or 100 A TV s on 300 acres, I question whether
that's sufficient both in terms of safety and in terms of being able to
provide that to the public.
Not only that, you know, being in Hendry County, I think it's
important that the recreational facilities be provided in Collier County
-- become part of the AUIR and recognized as a Collier County
recreation facility.
And the other thing I haven't seen in any of this as well, and I'm
curious and concerned, is that between two taxing authorities, what
are the exchange in dollars and what is the actual cost to the taxpayer
in all of this? And I understand it's in general but, you know, we're
trying to understand what that means to it. My concerns are there.
COMMISSIONER COLETTA: May I reply, Chair?
CHAIRMAN COYLE: Yes.
COMMISSIONER COLETTA: Thank you, sir.
CHAIRMAN COYLE: Briefly.
COMMISSIONER COLETTA: Up on the screen now you'll see
the value of South Florida Water Management's commitment. And
you're right, taxing authority, tax authority, it's still tax money;
however, this was something that was promised to the public some
time ago, and there's a way to do it. And there's a way to lighten the
load, because one of the things I'm concerned about it is, how would
South Florida Water Management cover this thing? I doubt seriously
they can cover it in one bite.
I've been in communication with Doug Holloway from the Trust
for Public Lands, and he said this would fit right in to what they could
Page 59
June 22, 2010
do to be able to lighten the load of Water Management to carry the
debt over a number of years as far as the land purchase goes itself.
Thank you.
CHAIRMAN COYLE: Okay. Commissioner -- I think it was
Commissioner Halas was next.
COMMISSIONER HALAS: Yes. Jim, Commissioner Coletta?
COMMISSIONER COLETTA: Yes, sir.
COMMISSIONER HALAS: One of the presentations, your
PowerPoint that you showed, was up against Lee County. Can you
tell me if that is a residential area or what that is?
COMMISSIONER COLETTA: That is absolutely correct, and
what it is is the part that borders against Lee County with the
residential areas --
COMMISSIONER HALAS: Back up one more, I think.
COMMISSIONER COLETTA: -- has quite a buffer along the --
COMMISSIONER HALAS: Okay.
COMMISSIONER COLETTA: -- that side, so that's already
been discussed when it went before the Hendry County Commission
and they went through the vetting process and got to where it is where
they got the final approval.
COMMISSIONER HALAS: Okay. I just want to make sure that
we weren't going to impact the people in Lee County there.
COMMISSIONER COLETTA: Very much so. Thank you.
COMMISSIONER HALAS: Thank you.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: Who owns the property?
COMMISSIONER COLETTA: Bill McDaniels and his partners.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. There was a picture of the site
plan as it is and the lakes. Is there going to be enough land -- from the
picture anyway that I could see. Is there enough land there for people
to actually use it for this, being that so many lakes are on the
Page 60
June 22, 2010
property?
COMMISSIONER COLETTA: Well, there is a lot of lakes, and
the amazing thing about those lakes is a number of them are bass
fishing lakes, not that it means an awful lot to many people. But in
fact, one of them was so productive they use it for a television series
to be able to demonstrate big bass being caught in Florida. So many
different types of recreation will take place.
And the -- it's a little misleading. There's a lot of land between
there. When you're talking 320 acres spread across there, the distance
between the lakes and everything is pretty substantial.
I took a number of A TV users there, and they walked the
property, and they were quite impressed. They said it would work.
Would it replace the Picayune? Absolutely not. But at this point in
time we don't have anything else going. This is something that's
already been permitted, and it's something that should be able to go
forward without any great difficulty. Of course, we need the time of
discovery. That's why I want it to go back to the staff.
COMMISSIONER FIALA: I think it's a good idea to go back to
the staff and -- you know, for the time of discovery, but I think you've
put a lot of things in for a lot of people and that you put a good plan
together.
COMMISSIONER COLETTA: Thank you.
CHAIRMAN COYLE: Okay. We have a motion to approve by
Commissioner Henning, a second by Commissioner Fiala. The
motion will provide guidance to the county attorney to work with staff
and the other parties involved to see if we can't reach a settlement to
this issue.
All in favor, please signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
Page 61
June 22, 2010
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: Okay. The motion passes unanimously.
Thank you, Commissioner Coletta.
Item #lOA
THE CONCEPTUAL PLAN FOR REPLACEMENT OF THE
V ANDERBIL T BEACH RESTROOMS AND MOVING
FORWARD WITH DESIGN, PERMITTING AND BIDDING OF A
NEW BEACH PARK FACILITY AT THIS LOCATION ALONG
WITH THE ASSOCIATED BUDGET AMENDMENTS - MOTION
TO APPROVE THE CONCEPTUAL PLAN AND SEND TO THE
TDC FOR RECOMMENDATIONS WITH NO ALLOCATION OF
FUNDS - APPROVED
MR. OCHS: Commissioners, that brings us to your 11 a.m. time
certain item on your agenda. It's agenda Item lOA. It is a
recommendation to approve the conceptual plan for replacement of the
Vanderbilt Beach restrooms and approval to move forward with the
design, permitting, and bidding of a new beach park facility at this
location, along with the authorization of associated budget
amendments.
And Mr. Gary McAlpin, your Coastal Zone Management
Director, will present.
MR. MITCHELL: Sir, we have 15 speakers on there.
MR. McALPIN: Thank you, Mr. Chair. For the record, Gary
McAlpin, Coastal Zone Management.
The BCC directed staff in January of 2008 to develop and
upgrade -- plan to upgrade the existing Vanderbilt Beach restrooms.
We've done that. We want to share that with you today and get your
Page 62
June 22, 2010
conceptual approval of that.
What we have done is, when we've developed a plan,
Commissioners, we've looked at it in trying to address the overall
community needs and being consistent with Collier County standards,
the Land Management and Growth Management Plans, and consistent
with the existing beach park facilities.
I want to take a minute and update everyone, if we could, just for
orientation purposes. This is Vanderbilt Beach Road. This is the
turnaround at the end of Vanderbilt Beach Road. This is the
Vanderbilt Beach parking garage with pedestrian access up through
Vanderbilt Beach Road up into this existing facility right in through
here. This is the walkway that goes down to the beach, and we have
the existing access to the beach at this point in time.
Our current facility for the Vanderbilt Beach bathrooms is
located in this area right in through here. We have -- that facility is 15
years old and is in need of significant refurbishment, and it is
undersized for the capacity that currently is using this location.
If you look at the -- if you look at what we have there, we have a
woman's restroom that has two commodes, and we have a man's
restroom that has a commode and a urinal in it, and it's way
undersized for this, one of our most popular beaches.
The other thing that's important, Commissioners, is that we look
at what we have in through this area right in through here and the
constraints that we have. This is the property boundary or the
right-of-way boundary for Vanderbilt Beach Road, so we can't come
on anything to the north of this line here.
This line right in through here is a preserve that we have with
South Florida Water Management District, so we have to stay west of
that existing preserve right in through there.
And this line generally is the vegetation line, so we need to stay
east of that existing line right in through there.
So the only area that we have to work with in terms of facility for
Page 63
June 22, 2010
Vanderbilt Beach bathrooms is this area right to this location.
Blowing it up a little bit more, what you can see is that the
preserve area is -- goes right in through here, but we can't use -- we
can't come up to the preserve line. We have to have a setback from
the preserve line, which is 10 feet, so we're further constrained. We
have a setback from a building point of view from the right-of-way for
the road, which is 20- foot right in through there, and we have our
coastal construction control line right in through there.
So what we have done is we've placed our facility in this location
right here. This is the bathroom facility, which is approximately 750
square foot. It has six women's commodes in that. That will carry us
for capacity, we believe, for the next 20 years. We have a concession
stand. We have been running a concession in this location at
Vanderbilt Beach for approximately ten years, and so we are -- we're
looking to build a concession which would handle the same type of
food and the same type of product that we currently have. And then
we have a 1,500 square foot deck. So altogether the bathroom, the
concession, and the deck is approximately 2,650 square feet.
And then we have ramps going up to this location. That's about
1,150 square feet for a total facility footprint of about 3,800 square
feet, Commissioners.
We have placed this in -- and the placement is very important to
us, because what we have right here is -- you can see in white is the
location of the existing Vanderbilt Beach facility. That's what we
have right there. And then what we're superimposing on top of that is
the new facility. So you'll see that what we've tried to do with this is
utilized the same footprint in the same location. We didn't want to
block the access down Vanderbilt Beach Road, and we didn't want to
block the access along the beach, the site access along the beach, so
we tried to preserve both of those accesses in that location there.
Again, the bathrooms, the concession, and the area, since we are
seaward of the coastal construction control line, we will need -- we
Page 64
June 22, 2010
will need a permit for this from the State of Florida, we will need a
permit for this from Collier County, and we will need -- the two other
permits that we will need for this facility will be Site Development
Plan permit and the building permit.
We expect that that would take approximately one year to get all
of our permits in place. And you could see the vegetation line right in
through here, Commissioners.
This facility has to be elevated. We have to conform to the
FEMA flood maps. The FEMA flood maps at this location right in
here is a VE 16. What that means is that we have to stay 16 feet above
a datum. Well, the beaches are about five to six feet above that datum
right now.
So our facilities will need to be elevated so that the bottom
carrying member will be approximately 10 feet off of the existing
beaches.
With that, we will also have -- this facility will be -- from the
beach it will be approximately 30 feet tall.
With this we will have access to the facility that will -- from the
beach, will have -- this is Vanderbilt Beach Road access right in
through here. Pedestrians could come in here, and if they're
handicapped, they could take the ramps coming up. We have
maintained a one- in-12 slope, which is code right now for handicap
access. We have stopping locations here so people could rest,
handicap could rest, and we will access the -- for handicap up to there,
up that 10 feet that we have to this existing elevation. We'll have
stairways from the beach here, stairways from the beach at this
location here.
This facility we are building or -- building is consistent with the
rest of our park facilities. We have existing facilities that are eleva- --
that are -- that are elevated and have restrooms or elevated facilities at
Tigertail, Clam Pass, and Barefoot.
At Lowdermilk Park we have a facility that is owned by the City
Page 65
June 22, 2010
of Naples, but that has concession in there, and we also have
concessions at Tigertail, Clam Pass, and Clam Pass (sic) facilities
here. So what we're doing here and when we've laid this out, we
wanted to make sure that it was consistent with what we have done
relative to the rest of our county parks.
Since this will be elevated, we want to utilize the ground floor.
In this location right in here, Commissioners, we will have a lift
station pump which will pump the solid waste into an existing sanitary
sewer. We'll have access for solid waste. We will come in here with a
dumpster and have truck pickup, and this dumpster will be fully --
fully enclosed at the ground floor right in through here.
We will have the ability for beachgoers to get out of the shade
(sic). This will be open for beachgoers so it will be covered facility so
they can get out of the shade. This will also be important in terms of
inclement weather when we have hurricane and whatnot where people
need to get under a shelter.
In this facility, in the interior right in through here, will be used
for bleach -- storage of beach equipment and also potentially vendor
storage.
We do -- we will -- this is a profile on what you could expect to
see. This is 10 feet off of the existing grade. The elevation will be
totally up to a 30-foot elevation right there, and this building will be
approximately 10 feet above our elevated -- excuse me, 20 feet above
our elevated construction.
This is one view. This is the bathroom facility, and this is the
concession facility; both approximately the same size.
What we have done to kind of give people a better perspective on
what we're looking at, we spent a considerable amount of time and
effort and developed these pictorials, if you would, and we did that
because we wanted to make sure that people knew and had the right
perspective on what we were trying to accomplish here.
So this is a -- this is a look at the facility. Here you're standing
Page 66
June 22, 2010
on Vanderbilt Beach Road and you're standing east and looking west.
Keep in mind the flagpole here as a point of orientation. So we're
looking out into the Gulf here, and this is what you would see as you
look to the -- to the ocean. We've got, right in through here -- we will
landscape this with sabal palms right in through there. We have a
great big oak tree that will be existing that will be in this location right
here. So you will not be able to see the facility as you're looking west
on Vanderbilt Beach Road.
Here we're standing at the western part of Vanderbilt Beach Road
looking back east, and here you can orient yourself with the flagpole
right in through here. This is the Ritz Carlton to give you a
perspective. And here this is, we're looking south -- southeast at this
point in time, and you could see the facility.
This is the concession area, and this is the bathroom area right in
through here, and you get a better perspective on what we're talking
about for open area for people to get in and out of the shade.
MR.OCHS: Sun.
MR. McALPIN: Here we are standing north on the beach
looking south. This is the flagpole, this is the turnaround right in
through here, and another view of the concession and the bathrooms,
and here you could see the ramp structures going up to have access to
the facility.
This is standing directly west of the existing facility looking east
again. Again, you'll be able to see a better perspective of the area
underneath, available to the -- available to the public.
This is important to us because one of the concerns that the
people had that live in the Beachmoor right here is that gee, you're
going to be able to look into -- since you're elevated 10 feet off the
ground, you're going to be able to stand on that. And if you look to
the north, you're going to be able to look into my condominium unit.
And this is the existing vegetation that we have out there right
now. We took this picture, so -- we took all the pictures from a
Page 67
June 22, 2010
perspective, we got a ladder, and we got up on the ladder and
generated the perspectives for all of these -- for all of these renderings.
So this physical vegetation blocks, and it's physically impossible
when you're looking to the north to be able to look into any of the
existing condominium to the south facilities. Again, here is the
flagpole for orientation.
This is standing on the deck looking to the south. Again, you
could see what we have right in through there. And this perspective is
very important because it really -- it really indicates what we've tried
to do. We paid a lot of attention into setting this back into the nook, if
you would, so that it was completely surrounded by the existing
vegetation and that when you're walking up and down the beach, it did
not stick out, it did not get in your way, your visual -- it did not disturb
your visual enjoyment of the beach. So you could see that we have
tucked this in within the existing vegetation corridor right at that point.
Now, a number of people have said, well, we like the idea, but
it's too big, okay. They have said that, you know, your facility is just
way too big for what we need at this point.
Well, this is one of our most -- this is one of our most significant,
well-used beach facility, so we've put it kind -- tried to put it in
perspective to what we have here. We think we've been very modest
and very accommodating with our design.
Just for a point of reference, the Pelican Bay community just to
our north has two facilities. This is their existing north facility. And if
you -- and they are to the same scale. If you take our facility and
superimpose it on the existing Pelican Bay facility to the north, you
can see that it's -- that it's much smaller.
If you do the same thing to the south facility, again, the scale
changes, but again, you could see that it is smaller, much smaller, than
the existing south facility.
So the one facility that we have that's looking to accommodate
the entire county population or the entire county use is smaller than
Page 68
June 22, 2010
both the facilities of the Pelican Bay community.
We've also taken a look at this -- and relative to our nearest other
commercial facilities to the north, and that's the Ritz Carlton. Ritz
Carlton has two facilities on the beach. This is their banquet facility
right in through here where they have banquets and weddings out on
the beach, and this is the gumbo-limbo facility, which is a dining
facility. So we've superimposed our facility there, and you can see,
well, if you kind of move this over there, it's about the same size as the
banquet facility. And then it is looking at it relative to the gumbo
limbo facility, so we have one facility, and the Ritz Carlton has two
facilities.
So I wanted to, you know, just bring that to kind of help a little
bit with what we have -- what we have with the facilities.
I would also tell you that we have taken this and discussed it
extensively with the Pelican Bay Foundation and the surrounding
communities. And on May 21st of this year, Pelican Bay Foundation
granted us the conceptual approval to move forward with this.
If you remember, the Pelican Bay Foundation has restrictive
covenants on this area when they deeded this property to the county.
And they have -- they have the right and -- approval rights for the
conceptual plan, the design detail, and then the design area in the final
design plans with this. So we spent considerable amount of time
reviewing this with them. They have -- they are happy with our plan.
They've granted us conceptual approval at this point in time. We still
have to get back, as we move forward to -- into the detailed design and
the permitting. We'll have one more stage of review with the Pelican
Bay community, and then when we're ready to go construction for the
construction drawings, we'll have another review with them. But the
conceptual approval is the most important that we have at this point in
time.
So they granted us approval with a couple of caveats that we
install security cameras, lockable gates, and approval of the
Page 69
June 22, 2010
concession operation, and their comments were very helpful and very
-- and we have incorporated and we will incorporate those into the
design.
Other parts of the community have seen this, and they have --
they have comments, and they will be sharing those with you today.
We have taken this to the Parks and Rec Advisory Board. They voted
on February 18th 4-0 to approve this conceptual plan. We will take
this to the TDC on 6/28. We wanted to bring this back since the board
had directed us to get conceptual approval of this plan. We wanted to
bring this back, because it was so critical to the community, and get
conceptual approval from the board prior to moving to the TDC. We
will -- we will bring this to the TDC on the 28th of this month.
We expect that the construction for this facility will cost
approximately $1.2 million. It would be paid for with TDC funds. It
would probably take us a year from now to have all the permits in
place and maybe another six months to build this facility, assuming
that we get the go-ahead from all of our permitting agencies at that
point in time.
So Mr. Chair, that concludes my part of the presentation, and I'll
answer any questions that you have.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: I have concerns of the process.
The action is requested for the conceptual plan for replacement of the
restrooms and approval to move forward with the design, permitting,
and bidding of the new park facility and associated budget
amendments without the TDC's approval, and I think the Florida
Statutes are very clear, when you spend TDC money on special
projects, that the TDC will make recommendations to the Board of
Commissioners. We don't have that.
And I'm surprised that a lot of time was spent going out in the
public, but we can't comply to Florida Statutes.
MR. OCHS: Commissioner, we have every intention of taking
Page 70
June 22,2010
this to the TDC before we would spend any money on this project.
We wanted to get conceptual approval. This is a little unique because
we needed the conceptual approval also from the Pelican Bay
Foundation because of the restrictive covenants on the property, so --
COMMISSIONER HENNING: Am I misreading the executive
summary?
MR.OCHS: No, sir. I think we say move forward. We
probably could have been clearer in our intent. Move forward with
those next elements, yes, sir, but we don't plan to spend any money,
obviously, until we would. Subject to the board's approval of the
concept plan, taking it then to the TDC and vetting it in front of them.
If -- they then would make a recommendation back to the board, and
we'll move forward in that order if it pleases the board.
COMMISSIONER HENNING: Okay. So it's not approval to
move forward for the design or the permitting or the bidding for the
new beach park facility? I'm reading that wrong?
MR.OCHS: No, sir. If you want to add contingent upon or
subject to review of the Tourist Development Council, that would be
very appropriate, and we would do that.
COMMISSIONER HENNING: I think it has to come --
regardless it has to come back to the Board of Commissioners prior to
giving staff approval. That's -- the statute is very clear on that.
MR.OCHS: And that's fine, and we will come back a second
time.
COMMISSIONER HENNING: So are we hamstringing the
TDC on a conceptual plan and also -- knowing that it has to come
back to the Board of Commissioners anyways?
MR.OCHS: Well, our thought, sir, was that if the board didn't
have any interest in the concept, it would be a waste of time to go to
the TDC with it. So, again, if -- if the board is in favor of moving
forward with this conceptual plan, we would do that. If not, we're
done.
Page 71
June 22, 2010
COMMISSIONER HENNING: Well, there's no question in my
mind that the bathrooms need more than a bucket of paint to fix it. I
think they need to be approved (sic). I think the whole question is the
other ancillary issues, and I would love to hear from the TDC on this
prior to even taking action on it.
CHAIRMAN COYLE: Okay. Commissioner Halas, I believe.
COMMISSIONER HALAS: This item -- one of the things that I
felt was very important when I came into office here, and that was
beach access for all the citizens in Collier County. And when I look at
the facilities down there -- and here we spent, correct me, but I think
around $26 million, I believe, for a parking garage. Am I right or
wrong on that? Or was it 8 million?
MR. McALPIN: I think it was closer to 13 million.
COMMISSIONER HALAS: Whatever the price was. That,
again, was TDC funds, I believe, that paid for that. And here we have
inadequate bathrooms, and there's a lot of people that live inland, and
it takes them some time to have a day of experience at the beach
whereby they drive in possibly from Immokalee or Ave Maria or other
points out in the east.
And I think all we're here for today is to approve the conception
of this thing and then move it forward to the TDC and figure out
where they -- where they are on this, and then from there, hopefully
we can move in the direction of getting this facility built, not for just
the people that live west of 41, but this is for all the people in Collier
County that may want to migrate to the beaches and have a one-day
.
expenence.
Because obviously when you drive from the interior of this
county, you're going to spend an hour or so getting into the facility,
and hopefully it's an experience for the families that want to spend at
least one day, maybe two days out of the year, to have beach facilities.
We tried to work with the state park in regards to increasing the
facilities there, and we were also stopped at that point by residents that
Page 72
June 22, 2010
live down in the area, and now we have the same thing here where
residents don't want to have a facility here, and I'm sure that they
would even use that facility.
So we're trying to work a situation. And if you look at the map
of Collier County, there's not a lot of places that you do have access to
the beaches because of the fact -- the way the county's designed and
also where there is access to the beaches that have roads that ingress to
the beaches.
And we just don't have that many areas. So this is one area, and
that's a high population area in the North Naples area that we need to
accommodate the other people.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yeah, I'll just make a comment on
what you just said, and that is, in the eight years I've worked with you,
never once have you voted for anything other than beach access at all
times.
This is something that has always been a primary concern for
you, so you're just keeping with the role that you've set for the last
eight years.
A couple of the things I liked about this, one of them was the
shelter underneath that. I think that's terribly important. And I was
telling somebody in my office, I knew of a couple guys that were
electrocuted while they were on the beach. They were hit by lightning
and fried right there, and -- because there was no place to go. This, I
think, is going to be a great asset, just people -- whether they just need
to get out of the sun a little bit or whether they need to get under there
for protection, I think that this is very important.
Another thing, I like the idea -- and I was talking with a
gentleman in my office yesterday. I like the idea about all the
landscaping.
And from the pictures -- now, I hadn't seen your presentation; I
only saw theirs. But from what I can see, it's going to be heavily
Page 73
June 22,2010
landscaped so that it will be more or less in the same type of a keeping
with the parking garage. You can't even tell the parking garage is
there, for goodness' sake. And is that the case? I mean, are they just
pictures, or is that the way it's going to be?
MR. McALPIN: No, Commissioner. We will heavily landscape
this facility. Again, what we want to do is keep it in that niche area
surrounded by the vegetation, surrounded by the landscaping. So you
really cannot see it as you're walking down Vanderbilt Beach Road or
up on the -- up/down the beach.
The other thing we want to do is -- with this project too that I
haven't mentioned is that we want to look at the turnaround there at
the Vanderbilt Beach area, and whatever we need to do to upgrade that
turnaround there, we'll incorporate that into the design also,
Commissioner, and landscape there.
COMMISSIONER FIALA: Okay. Thank you very much. You
hadn't mentioned that before. Thank you.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes, a couple of things. One, I,
too, want to compliment Commissioner Halas on -- he has always
taken a stance, and I'm a little -- I'm concerned about your
replacement, and hopefully whoever that may be, they'll take the same
cause forward and keep it going forward. Beaches belong to everyone
in Collier County.
One of the most amazing things about this project is, Gary, what
you did and what your staff did in bringing so many people together
on it. And I have to apologize to the Pelican Bay Foundation. I
assumed early on that they would never approve it. I was wrong, and
for that I apologize. I didn't state it out loud, but I felt that way.
Great job for you pulling this together, for your staff, and for the
Pelican Foundation for working so closely with you. Thank you.
MR. McALPIN: Thank you.
CHAIRMAN COYLE: Okay, Commissioners. We have 15
Page 74
June 22, 2010
speakers.
MR. MITCHELL: Yes, sir.
CHAIRMAN COYLE: Each one of them will get ten seconds.
MR. MITCHELL: The first speaker is Duane Billington, and
he'll be followed by Georgia Hiller.
MR. BILLINGTON: Good morning, again, Commissioners. My
name is Duane Billington. I'm a 35-year resident of Collier County.
One concern I have here has to do with the concession. There are
three private businesses located within 300 feet of the turnaround at
the access point. They make their living by selling wares comparable
to what are going to be sold in that concession.
I don't think the county should be in the business of competing
against private industry. That's a bad can of worms to open that I'm
afraid already has been opened in other matters.
Thank you.
MS. HILLER: Good morning.
CHAIRMAN COYLE: Georgia, just a moment. Commissioner
Halas wants to make a comment.
COMMISSIONER HALAS: Yep. The thing that we're looking
at, this is not going to be a full-fledged restaurant by any means.
What this is, is that when a mother with young children migrates down
to the beach and sets up her little site for the day, and if the child
wants to have a cold drink or maybe a candy bar or something, I sure
am not going to put the children in jeopardy with the traffic that is on
Vanderbilt Beach Road or Gulf Shore Drive, and -- whereby the
mother has to pull up the stakes and then walk the child wherever it is.
And I believe most of those restaurants are more high end than
where you would get a candy bar or a soft drink or possibly get suntan
lotion, and I think most of these things are presently sold down there.
So we're also looking at the aspects of making sure that this is a
safe adventure for young ones that have to get out into the traffic. So I
just wanted to make sure that you understood what we were looking at
Page 75
June 22, 2010
totally.
CHAIRMAN COYLE: Okay. Thank you.
Ms. Hiller?
MS. HILLER: Good morning, Commissioners. Georgia Hiller,
candidate for County Commission, Second District, and also Chair of
the North Naples Community Alliance.
The Community Alliance has taken a position on these
conceptual drawings. We are in opposition to the conceptual
drawings, as presented. We are not in opposition to improving the
bathrooms. In fact, we are all, as an alliance, very upset that it has
taken so long to improve the bathrooms. For having been in office for
eight years, Commissioner Halas, it seems like it's too much too late.
Going to the legal issues, Commissioner Henning pointed out
that the Board of County Commissioners does not have jurisdiction to
address this matter at this time. That's absolutely correct. At the time
that the pier was being approved, the same circumvention of the TDC
was attempted. It is on the record. It was deemed illegal at that time.
It's illegal at this point; therefore, you are not able to rule on any of the
issues presented before you here today before presentation in front of
the Tourist Development Council, and their approval.
On another point, there are citizens in this community that have
made records requests and have not received the compliance with
those requests as provided by law. The law clearly states that if a
citizen makes a records request, the time it takes the public official to
provide the document is the time it takes to pull it out of the drawer.
A records request was presented on June the 11 th to Gary
McAlpin by Michael Seef, and I'm going to enter the document as an
exhibit and will reiterate the same request and ask for compliance.
If the county refuses to comply, I would ask that by return
writing to Michael Seef they state the statutory reason that they feel
exempt from doing so.
The problem with the conceptual design as presented is that it
Page 76
June 22, 2010
truly is not handicap accessible. Five ramps is too many for someone
who is handicapped to navigate to get to a bathroom. The intent of
handicap guidelines is so that there is no abuse. And pushing the
fringe of handicap provisions does not serve the intent of the law, and
as such, we consider that you revisit the elevation of these bathrooms
and ask for a FEMA variation in order to make the bathrooms more
handicap accessible.
My last point is the issue of fiscal irresponsibility. In these hard
economic times, increasing the bathrooms' budget from 750,000 to 1.2
billion -- million, I'm sorry, constitutes fiscal irresponsibility. A 60
percent budget increase of tourist development dollars in these hard
economic times is unwarranted. We still can accomplish what the
public needs and the public deserves by being fiscally conservative.
Thank you.
MR. MITCHELL: The next speaker -- and I'm sorry, I can't read
the name, so it's 9051 Gulf Shore Drive, Unit 103.
COMMISSIONER HALAS: Before that next speaker --
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: -- County Attorney, have we been
reluctant on sending those requests or emails and other
correspondence?
MR. KLATZKOW: Well, you know, to my knowledge, the
County Manager's Office has always been very quick in turning
around public records requests. He has designated staff for that
purpose. I have designated staff for that purpose that works with the
county manager. I'm not aware of any outstanding issue. That's not to
say that a particular request went to somebody and it wasn't acted on,
but that is our procedure.
COMMISSIONER HALAS: Thank you very much.
MR. MITCHELL: Okay. The next speaker is Nathaniel
Winslow, and he'll be followed by John Domenie.
CHAIRMAN COYLE: So that we don't waste a lot of time,
Page 77
June 22, 2010
people getting up to the podiums, I'd like to get two speakers up to the
podium at all times, and we'll alternate. So is -- who is the second
speaker?
MR. MITCHELL: Is the gentleman over there from Gulf Shore
Drive.
CHAIRMAN COYLE: No, it's -- Mr. Domenie is the second
speaker. So I'd like to make sure that we keep both podiums moving,
otherwise we're going to be here all day.
COMMISSIONER FIALA: There was one that they called that
-- just the address. They couldn't read the name. Is that one of these
guys?
MR.OCHS: Mr. Chairman, Mr. Rhea was the gentleman whose
address was read off that Mr. Mitchell couldn't make out the name, so
he's available after these two speakers if that's acceptable to you.
CHAIRMAN COYLE: Okay. That's fine. Okay. All right, let's
go.
MR. WINSLOW: My wife and I live about five miles east of
Vanderbilt Beach and often go to the beach or have gone to the beach,
I would say, for the 12 years that we have lived in that location. We
have found the facilities wanting. We have found the beach too small
for the number of people. And one of the things it seems to me that's
important to realize is that the concession stands, once it is moved to
the new location as proposed, will actually provide more beach
facility for people who wish to sit on the sand because it is presently
on the sand.
The thing that I think the commissioners have not heard about
and have seen probably in writing is mentioned in the letter from the
Pelican Bay Foundation in May to Gary McAlpin, and that is the
prohibition of a grease trap. Now, a grease trap is necessary for the
preparation of fresh food, not just cooked food, but fresh food. It's
important that the public have the same access to fresh food that the
people in Pelican Bay or the people that stay at the Ritz Carlton or
Page 78
June 22, 2010
wish to visit the Ritz Carlton have. They all have grease trap facilities
in their dining and eating facilities right on the beach. And it seems to
me that the public ought not to be disadvantaged by having less than
that.
I can understand the restrictive covenants in some ways from
Pelican Bay, and certainly their wanting a decent-looking facility is
important, but I think the Board of County Commissioners has to push
them to the point of not dictating what takes place inside the facility
itself.
I am very much in favor of this. My wife and I are very much in
favor of it. I passed out petitions, not petitions, but sheets of
information to people on the beach yesterday and the day before,
probably about 110 of them, and received only four negative
comments. Almost all the comments I received -- and obviously not
everyone made a comment. Almost all the comments I received were
very positive. Some were enthusiastic about a new position that we --
a new setup that we are considering here in the conceptual drawing.
So I urge you to improve it and to push for having full food
concession rather than just candy bars and cold soda.
Thank you very much.
(Applause.)
MR. MITCHELL: Mr. Rhea.
CHAIRMAN COYLE: We'll get one more speaker over here at
this one. Who's the next speaker?
MR. MITCHELL: Mr. Rhea and Nathaniel Winslow (sic).
MR.OCHS: John, do you want to go on the other one? Mr.
Domenie is going to take the other podium, sir, so he's ready after Mr.
Rhea.
CHAIRMAN COYLE: Thank you.
MR.OCHS: Go ahead, sir.
MR. RHEA: Good afternoon, Commissioners. My name -- for
the record, my name is Rollin Rhea. I'm subcommittee chairman for
Page 79
June 22, 2010
the North Naples Community Alliance, and I also happen to live at the
Beachmoor, which is the first condominium complex immediately
north of the proposed bathrooms.
I wanted to give you a conceptual rendering, better view,
different view than what Gary has given to you earlier because the
community, as a general rule, doesn't have a very good understanding
of the magnitude of this project. I have two drawings to share with
you.
The first drawing shows the existing facility and bathroom here.
This is the bathroom in the wooded area. Simple idea here, if we were
to give the community exactly what Mr. McAlpin proposes on a
square footage on the bathroom basis, deleting just the rest of the
facility, this green area right here is the exact bathroom arrangement
that Mr. McAlpin's proposed. So as you can see, it would change the
footprint of the immediate area in a very insignificant way.
Now, conceptually, this gives you a comparison of the difference
in the two conceptual situations, one versus the other, just to give you
a snapshot view of what we're dealing with.
Thank you very much.
COMMISSIONER HALAS: Call the next speaker?
MR. MITCHELL: Robert Burns is speaking after this.
MR. DOMENIE: Good morning. Good morning,
Commissioners. For the record, John Domenie. I will, no doubt,
surprise many here by stating that I am not against the proposal to
build an improved restroom facility at the foot of Vanderbilt Beach
Road.
This is needed improvement for the county, its residents and
visitors alike; however, do you really want a person in a wheelchair
attempt to negotiate the proposed ramps? Let's build a restroom
facility at ground level. It has been done before.
As I recall, the original facility called for some sort of kitchen
capable of producing hamburgers, hot dogs, et cetera. This has since
Page 80
June 22, 2010
been reduced to, quote, healthy snacks, unquote, for the kids and soft
drinks in bottles, cans, or cups.
I'm very afraid of the potential garbage such a facility could
generate, befouling the beach and surrounding properties.
Unfortunately, the county's Coastal Zone Management has a very poor
record in responsibly maintaining a clean environment around the
facility it manages in the Pelican Bay area.
You will be shocked to see what we discovered when two of us
walked the boardwalk leading from the parking lot adjacent to the
Naples Grande out to Clam Pass Park. This is an area in a pristine
NRP A, natural resources protected area. There should be no trace of
garbage or pollution, yet the county has not demonstrated that it can
manage its responsibility.
Here is what we found in our walk out to the beach: 511 items of
debris following the mangroves, including 119 glass and plastic
bottles, 151 cans, assorted plastic, paper cups, balls, shoes, and a large
variety of paper and plastic wrappers.
The county has not demonstrated that it can or will maintain a
pristine mangrove forest inviolate. I'm very afraid that you will be --
find the same type of debris littering the beach and nearby
environment if you permit the sale of any food or drinks at the foot of
Vanderbilt Beach Road.
Build a ground-level restroom facility. We all applaud that.
I have one other thought. The Pelican Bay Services Division has
applied for an emergency permit to seal Clam Pass in the event any oil
sheen or tarballs appear here. On the other hand, the county is
pursuing a strategy not only to deepen the pass, but also to widen it.
Please do not permit the disaster to destroy the NRP A.
Thank you very much, Commissioners.
MR. BURNS: Good morning. My name's Robert Bums. I'm a
resident of North Naples, live on Gulf Shore Drive.
I support renovating the facilities there at the Vanderbilt Beach
Page 81
June 22,2010
restrooms, but I think the plan that has been presented is far too
.
exceSSIve.
Thank you.
CHAIRMAN COYLE: Thank you.
MR. MITCHELL: The next speaker will be Joe Foster, and be
followed by Jackie Bammel.
MR. FOSTER: Commissioners, for the record, Joe Foster,
resident of North Naples, also candidate for County Commission,
District 2.
I don't want to take a lot of your time. I know that the Vanderbilt
Beach Resident Association had requested that this matter be
postponed due to the timing and a lot of folks being out of town. In
light of the fact that it still hasn't gone to the TDC yet, I think those
concerns will be met by the TDC taking it and then it coming back,
and hopefully this will come back at a time when more residents of the
association are around.
The second piece I would raise is also about the government
getting in the business of the concession stand. I heard this morning
that we are going to focus on using commercial business. I certainly
hope that the county continues to function with Cabana Dan's. I think
they've done a nice job up at that beach.
Thank you very much.
(Applause.)
CHAIRMAN COYLE: Thank you. The next speaker, who is --
let's get another speaker.
MR. MITCHELL: Joe Connolly is next.
CHAIRMAN COYLE: Yes, ma'am, go ahead.
MR. CONNOLLY: I waive my time.
MS. BAMMEL: I'm Jackie Bammel, and I've been -- we have
owned property in Naples for over 30 years now, and we also very
much support the improvement of the restrooms at Vanderbilt Beach.
Again, as many other speakers have mentioned, we really
Page 82
June 22, 2010
question in this day and time the grandiose approach to this project for
several reasons. One is, Naples has beautiful, natural beaches, and
this is what people come to Naples for. They can go to Fort Myers
Beach. If they want a little bit more added to their beaches, they can
go to Miami Beach. I question whether we need this type of grandiose
approach to improving our restrooms.
If you are ever over in this area, you will notice people coming
down to see our sunset, just to watch the sunset. There's one of the
few views that are left of the Gulf of Mexico on our area because of
everything that has gone up.
I know that we are talking about this facility being covered by a
lot of landscaping, okay. If it's not the facility, the additional
landscaping that's going to have to put up is going to block a view.
We say that you're not going to see these beaches, this facility. If you
walk the beach, you saw by Mr. McAlpin's pictures that you can see
this facility from the beach. It's not a natural view. It's an unnatural
construction.
Another reason that I'm really concerned about this is something
we can all relate to, and that's dollars in this day and age. Even
though we are using tourist dollars to do this now, I'm concerned
about using tourist dollars to build this facility, and what happens
when we have a hurricane or an oil spill? Are we going to have
enough tourist dollars to redo our beaches and to handle the oil spill
that comes along? Shouldn't we be planning a little bit further ahead
as far as finances are concerned?
The concession stand definitely, I think, we could do away with.
As we mentioned before, there are -- within just several feet from the
beach, there's a convenience store, there's an ice cream shop, there's a
place that sells T-shirts. And one of the reasons, I think, it's better that
we have these facilities there instead of on our sand is that when
teenagers go to have their sodas, to have their ice cream, to have their
candy bars, they leave the trash there. It's not on our beaches.
Page 83
June 22,2010
If we have these concession stands right there on our sands, the
county is going to have to pay for cleanup. Are we going to be able to
afford those dollars? It's just another expense. Are we going to be
able to accomplish what we're talking about accomplishing if we have
to have security? Can we afford to have that security in the future?
The restrooms definitely, we need it.
Again, I just want to say that we in Naples have beautiful natural
beaches. You, as County Commissioners, are the guardians of our
areas. Please, please, keep it to be.
CHAIRMAN COYLE: Thank you.
MS. BAMMEL: Thank you.
MR. MITCHELL: Cheryl Wright, followed by Lew Schmidt.
MR. CONNOLLY: Wait a minute. I'm Joe Connolly, and I'm
yielding my time to Lew Schmidt.
MR. MITCHELL: Okay, thank you.
MS. WRIGHT: Good morning, Commissioners. My name is
Carol Wright. Am Ion?
CHAIRMAN COYLE: Yes, you are.
MS. WRIGHT: Okay, thanks.
Just a couple little things. I think Ms. Bammel almost said
exactly what I wanted to tell you, too, is that I really do feel that these
restrooms are in dire need to be upgraded and enlarged, and I am
really in favor of that.
But do you really have to expand on this project and build a Taj
Mahal out of this structure when we are in such economic stress? And
why is the observation deck really needed?
I'm also concerned about the concession stand, just because what
everybody else has been saying. I just don't think it's good for the
county to get into that kind of business and possibly putting people out
of business that are already there.
So please think long and hard about this vote. We really need the
restroom. Thank you.
Page 84
June 22, 2010
MR. SCHMIDT: Good morning, Commissioners. I'm Lew
Schmidt, and I thank you, Joe Connolly, for giving me some extra
time.
CHAIRMAN COYLE: Mr. Schmidt, how much time -- how
much time will you require?
MR. SCHMIDT: I will try to make it as brief as possible, but I
would like to present for you the Vanderbilt Beach Residents'
Association position. It has been misunderstood, it has been
misconstrued, and we need to make it clear just exactly what the
association feels and what their position is.
We feel that this proposal has two parts. It has a bathroom part
and amenities. The Vanderbilt Beach Residents' Association fully
supports the upgrade of the bathroom facilities to the minimum FEMA
standards that will apply when it's built.
We also support that -- or urge you to follow the same policies
that you use when reviewing the facilities for the north end of the
beach. As you know, there are no bathroom facilities at the north end
whatsoever. And when you negotiated your settlement with Moraya
Bay, there was a commitment to do a turnaround and two-story
bathroom facility that you felt was too expensive. The turnaround has
not been built. The bathroom facility is being delayed pending the
FEMA new maps because you believe you can get it down to one
floor.
We feel you should use the same policy in evaluating this one. I
understand -- and I may be wrong, but I understand that the
preliminary FEMA maps will be available in mid July. We think that
you should delay an action until those drawings are available to
determine what is the lowest elevation you can build to. We think that
will improve the bathroom facility.
As to the amenities, we think and we feel very strongly that the
concession stand is totally unnecessary. We have concessions or a
concession stand there now that costs the county nothing. Cabana Dan
Page 85
June 22, 2010
has done a wonderful job. He cleans the beach, he cares for the beach,
he keeps it orderly, and the people that use those facilities seem to be
very happy with him, and we're very happy with Cabana Dan. So
why do we need a concession stand that the county will pay for with
big dollars? And will that concession stand generate any county
revenue? We know that Cabana Dan does. But when you consider
the maintenance costs of the proposed concession stand, we think
you're going to get into trouble. And we would urge you to ask staff
to do a cost analysis, cost benefit analysis on that concession stand and
make your decision based upon the need and the cost.
We also are concerned about the viewing deck. We think it is
extremely large, overdone, and it is objectionable, not because we
object to people using the beach or beach access. We find that to be
fully acceptable. We have always supported that with our
commissioner, and we have always supported our commissioner in
that respect, but we are concerned as to what security will be provided
for that deck. What cost will the security involve?
We understand that you've agreed to security cameras, but
someone's going to have to observe those cameras. There's a cost.
And is it necessary? What's the benefit? How many people will use
it? We have no idea. We think that there should be a cost-benefit
study on that deck as well before you make your decision.
We urge you to delay your decision until this information can be
provided to you. Those are our concerns. We are not concerned about
the people coming to the beach. We fully agree and promote the idea
of them coming and improving the bathroom.
And I thank you, Commissioners, very much for your continuing
public service. It's appreciated. Thank you all.
CHAIRMAN COYLE: Thank you. And Commissioner Halas
has a question, or comment.
COMMISSIONER HALAS: Yeah. I don't think there's been
any discussion about removing Cabana Dan. In fact, he does such a
Page 86
June 22, 2010
good job that I think that there's a possibility that he'll be running this
concession stand if it's approved.
And I don't think that we're going to run into a litter problem,
because I've been to other parks in Collier County, and I can tell you
that our park service does a very good job in making sure that things
are cleaned up, and I think you can see that down at the -- you
mentioned that in regards to how well things are taken care of down
there.
So I think there's a benefit here for everybody. And again, I
understand where the people in Vanderbilt Beach are concerned, but
I'm not only your commissioner, but I'm the commissioner of the rest
of this county, and we have 315,000 people, and beach access has
been a very, very important part of what we need to do to address
issues to get people to the beach.
And as far as the observation deck, how many of you people live
in a condo where you're anywheres from one story to ten stories up
looking over the Gulf? Here we're talking about a deck 10 feet high
where somebody can go up there and get an overview of the -- a
different perspective of the Gulf.
And I don't think it's egregious. I think we're trying to look at
this very -- and keep everybody well informed and also looking at the
possibility that this is not going to present a problem where people are
going to be looking in somebody's bedroom or anything else.
And this facility is not just for the present. This facility is
basically going to be probably there for another 25 or 30 years. And
we're obviously going to have an influx of more residents as we get
through this particular problem. And this is a good time to -- another
way of looking at this, this is a good time to put people to work on
proj ects.
So yeah, it's a lot of money, but you know what? The end result
is that we're going to put people to work and we're going to also have
amenities here for people to enjoy, not just the people that live in this
Page 87
June 22, 2010
area, but hopefully all of Collier County.
CHAIRMAN COYLE: Thank you.
MR. SCHMIDT: Thank you, Commissioner. I do want to thank
you once again for your long-time service, but I don't understand the
rush. Why can't we wait until the new FEMA maps come out so that
we don't overbuild this facility?
Thank you. Thank you all.
CHAIRMAN COYLE: Thank you.
MR. MITCHELL: Emily Maggio followed by Mary Lou Smart.
MS. MAGGIO: Good afternoon, good morning; what is it?
CHAIRMAN COYLE: It's afternoon by one minute.
MS. MAGGIO: Okay. My name is Emily Maggio, and I live in
Little Hickory Shores. I've been a resident of Collier County for 41
years now.
I think you better stop putting the public and the beach in the
same sentence because something happens crazy when you do that.
They come out of the woodwork.
I think that this is a piece of public property. And the public, as a
property owner, has the same rights as any other property owner. We
are entitled to the highest and best use of our property. And you, as
stewards of these public trust lands, your incumbent -- your duty is to
provide the best that you can.
I don't see any problem here. There's no variances being applied
for. It's within the zoning. I can understand maybe moving some
handicap restrooms to the lower level because it will be easier for
handicapped people. I have no problem with that.
These -- it seems like people throw wet noodles and see what will
stick. I mean, it's too big. Compared to what? The Ritz Carlton to
the south or the condos to the north? Going to put people out of
business? I mean, do these people come and petition every time a new
salon opens or a new gas station? Let -- the free market will handle it.
As far as the concession, I think we should have a concession,
Page 88
June 22, 2010
and there should be a grease trap. Give that small business owner an
opportunity to be successful.
And I tell you what, I've picked up litter on the beach for years,
and litter isn't necessarily confined to concession stands. If you work
the coastal cleanup, it's everywhere, it's everywhere.
This is too expensive? Well, I tell you, I agree with what
Commissioner Halas said; if you don't build it now, when? This is
tourist tax money, and the tourists who stay inland pay the same rate
of tourist tax as the people that stay on the beach. Are they not
entitled to something more than limited beach access and a hefty
parking fee? And the rest of us would appreciate this facility also.
I thank you very much. Build it.
(Applause.)
CHAIRMAN COYLE: Who's the next speaker?
MR. MITCHELL: Derek Allen. Mary Lou Smart's first.
CHAIRMAN COYLE: What was the other speaker's name?
MR. MITCHELL: Derek Allen.
CHAIRMAN COYLE: Okay. Go ahead, Ms. Smart?
MR. SMART: Hi. I'm Mary Lou Smart. I've been out there on
the beach since March for a group called KOBO, keep our beaches
open, and -- a lot of us have, and I have to tell you that the support is
overwhelming.
I live in Naples Park. My neighbors are for this, but it's not just
Naples Park. We -- I'm sure you're getting letters from Village Walk,
Wilshire Lakes, Hickory Bay, Eden on the Bay, Long Shore Lakes,
Palm River, Wilshire Lakes (sic), because we're getting nothing but
support for this. Some people are against it, but nothing has been spent
down there. Because of all the influence of the homeowners on the
beach, nothing's been spent for 15 years. So to say this is an
extravagance expense is crazy.
Same with -- to say that this facility should model what went --
what is going to go in on the northern end of the same beach, because
Page 89
June 22, 2010
so many variances were made to please Moraya Bay, which then
roped off the beach.
This is our last stance. On the north end of the beach,
Delnor- Wiggins State Park handles all -- the bulk of your problem
with restrooms.
So I think with all the thousands of people pouring onto that
beach, many of them from the inland hotels, they're tourists, and it's
definitely an appropriate use of tourist tax dollars.
I've seen this letter from the Pelican Bay Foundation suggesting
there should be no grease trap. Well, the margins on processed foods
are a lot slimmer than the margins on whole fresh foods. You can't do
anything without a grease trap. You can't even clean pots and pans.
You can't have salad, you can't have fruit.
The public deserves to have the same type of food, and we
deserve to have fresh. And that business that's going in, if you're
going to put a business up there that's a commercial business, why
don't you give that person the chance to earn a profit?
Anyway, I just hope that you go ahead with the facility. I think
it's a very smart, modest facility, nice design. Thank you.
CHAIRMAN COYLE: Okay. Who's the next speaker?
MR. MITCHELL: Michael Seef.
CHAIRMAN COYLE: Well, no. Who's the one after that?
MR. MITCHELL: No, that is Michael Seef.
CHAIRMAN COYLE: Oh, I'm sorry.
MR. MITCHELL: Derek Allen's speaking now.
MR. ALLEN: I'm Derek Allen, resident of Beachwalk.
I'd like to say amongst our community organization we've
assessed this project. We're not interested in restricting access. We
agree completely with expanding the toilets, however, we would like
very much to reduce the cost.
I agree with the suggestion previously of putting the facility at
the lowest elevation possible in order to minimize that horrendous
Page 90
June 22, 2010
space taker of a triple or quadruple ramp going up.
The concession stand we believe is not needed, as this facility is
existing -- is adjacent to existing businesses which, in our opinion, are
currently underutilized.
Regarding the viewing deck, I would propose that people
primarily go to the beach to enjoy the beach and the water and not to
look at the sunset, although I agree, looking at the sunset is wonderful;
however, it can be done from beach level. It does not need to be done
from an elevated deck.
Comparing the size of the facilities, as was done there, indicates
that this is a horrendously larger facility than the existing facility. It
really is not necessary.
And the last one would be, now is the time for fiscal
conservatism. I don't care whose money you're spending, you know.
It should not be overspent. Thank you.
MR. MITCHELL: David Galloway will follow Mr. Seef.
MR. SEEF: Commissioners, Michael Seef. I represent
Beachwalk, which is a community about a mile up the road from the
beach. We're mostly heavy beach users, a lot of us, and we go for the
natural experience, which I think is the same experience that visitors
look for.
And as the previous speaker mentioned, yeah, there's a lot of
support for having a jazzy -- a jazzy building, but our concern is that
it's a white elephant and overextends the lot that's available for it.
Gary McAlpin mentioned, for instance, that they're trying to fit
this thing in. Well, they have it 10 feet from the conservation line, and
there's -- it's supposed to be 25 feet or more away from the
conservation line. That's on the east.
On the west, if you start moving things to the west, you get into
the dunes, you're going to obliterate a lot of native vegetation, and
you're going to have a whole different view of this 30- foot structure,
which we don't see the elevation over here. We had another chart -- I
Page 91
June 22, 2010
don't know if somebody might have it -- which shows the relative
sizes in elevations, and you just -- from the pictures that Mr. McAlpin
has presented, you see things nicely tucked away with all kinds of
palm trees in front.
But the reality is, those are artists' drawings, and they fool
people. Their perspective is very different from the reality. And after
-- I first learned about this in mid April, by the way. Our community
was -- of about 650 people, was never consulted, was never asked.
We were told, this is the design. No options, and that's what we're
hearing pretty much now. You know, take it or leave it, folks. And I
find that very objectionable.
And I think in terms of -- yeah. There you see existing structure
versus what is really planned. So to say that this is nicely tucked into
vegetation is just not accurate.
The other concern is that we're really not -- we're utilizing TDC
monies. But again, I repeat what somebody else has said, is this a
time for us, before we know what the -- first of all what the potentials
are for a reduced size facility, let's look at alternatives.
When you study operations and you do some economics, you
look at the cost benefit of different alternatives. Have we done that? I
don't believe so.
The other thing I wanted to mention is that we are in a potential
-- really serious iss- -- concern with the environmental issues as well
as the financial issues. And, again, is this the right time to proceed?
And again, in terms of timing -- and I thought about the timing
aspect carefully. The new maps from FEMA are coming out in either
mid July as was stated or possibly in August; however, admittedly,
they won't be -- they're up for public comment for some time
thereafter.
But shouldn't we wait 'til that is in place? And the early
indications are that you're going to have a lower reduction, because
the current FEMA maps from 2005 are considered overly
Page 92
June 22, 2010
conservative.
Again, I appreciate your concern of all the factors, and I'm also
interested in the whole of Collier County. This is not just for
Beachwalk. It's not just for the residents around --
CHAIRMAN COYLE: Sir, your time has expired.
MR. SEEF: I'm sorry.
CHAIRMAN COYLE: Thank you very much.
MR. SEEF: Thank you.
CHAIRMAN COYLE: Who's the next speaker?
MR. MITCHELL: This is Mr. Galloway, and he'll be followed
by your last speaker, Rainer Olbrich.
CHAIRMAN COYLE: Okay, sir. Please go ahead.
MR. GALLOWAY: Good morning -- or good afternoon,
Commissioners and Mr. Ochs. It's a pleasure to see you here, too.
You know, I'm not here to oppose the value (sic) of the current
restrooms at Vanderbilt Beach at all. And also, I want you to know
that I'm one of the folks that actually encouraged beach access for
friends that live all over the county. Even friends that live up in Lee.
We like to tell them, hey, there's a good place to go down to
Vanderbilt Beach and also spend some money. So that's not what I'm
here for.
But as of -- Item lOA states, it's about considering placement of,
in essence, up -- or updating the current restrooms; however, this
public notice states, Item lOA, nothing about a concession or
restaurant or large observation decking, storage area, extensive
wrapping (sic), et cetera.
So when I find very few people opposing cleaning up these
restrooms when they're told and showed the extensive plans to
construct all these other amenities, these folks that I talk with are
totally appalled.
Vanderbilt Beach is a very pristine beach setting, as we know.
Many, many folks, the permanent residents of Collier County,
Page 93
June 22, 2010
seasonal folks, monthly and weekly vacationers, and daily tourists,
come to this beach because of the noncommercialism, quietness, and
high quality of the beach setting.
That obtrusiveness of this county-run concession and large
aboveground decking area will compete negatively with the other
close by businesses that are Collier County taxpayers.
But one of the most important issues of the day is the oil spill
problem that is reportedly less than 170 miles off the coast right now.
Instead of approving a budget -- project of this magnitude using TDC
money of over $1.2 million -- we know it could be more -- come from
county government myself -- plus -- and accounting, I believe it to be
more prudent to not appropriate these funds at this time, but put these
in a reserve for the oil spill disaster that has a great chance of making
headlines on the entire Collier County Gulf coast.
I was told as a young person to save for a rainy day. Well, in this
case, the county should be saving for an oil spill beach disaster day
like the other parts of northern Florida are beginning to experience.
We've all been watching the president ofBP Oil enjoying his
multitude -- large 52-yacht sailing vessel, being on it. We've also
been -- seen photos of President Obama gleefully enjoying a round of
golf or entertaining professional athletes or the entertainers as fellow
Americans struggle with this oil spill disaster in the Gulf states.
The public is not happy, according to the recent news media.
The folks of Collier County are not happy with spending any tax
dollars, whether it be TDC funds for frivolous projects that don't have
to be committed to at this time, especially when so many folks in our
county are being economically affected negatively during these tough
times.
And Dan Byers of Cabana Dan's -- I know him -- located on
Vanderbilt Beach, stated in the Naples Daily News recently, it said, if
this oil spill and the tarballs hit the beach, it will be a disaster. There
won't be any need, for possible decades, to even consider a huge beach
Page 94
June 22, 2010
facility to be built on the Vanderbilt Beach. Further, to destroy all of
the vegetation that will be needed to construct this large facility would
be a tragedy to all concerned citizens of Collier County.
In closing, these are literally hundreds of -- hundreds of -- and
thousands of people that come on certain days -- hundreds and
thousands of different people come on certain days through the main
tourist season, upwards of a thousand two different days, have access
to -- on the actual beach, sand and water. They conveniently bring
picnic lunches, Subways, McDonald's, Publix bags and -- of food, et
cetera, and utilize the close by private restaurants within less than 100
feet of the proposed county facility, less than 100 feet.
It would be noted that I'm not one of these folks. I'm not one of
the business owners. Again, I'm not here to oppose the update in the
restroom facilities, but please --
CHAIRMAN COYLE: Your time has expired. Could you wrap
it up pretty quickly, please.
MR. GALLOWAY: Either vote against the proposed extension
facility concept or delay the vote until we know that these TD (sic)
funds won't be needed to assist with the funding to protect all of the
beaches of Collier County, not just Vanderbilt Beach. Thanks.
CHAIRMAN COYLE: Thank you. That was our last speaker?
MR. MITCHELL: The next -- Mr. Olbrich is the last speaker.
CHAIRMAN COYLE: Okay.
MR. OLBRICH: Good afternoon. My name is Rainer Olbrich,
and I live at 9848 Luna Circle in North Naples, and I'm a long-term
resident in Collier County, a retiree, and one of those regular
beachgoers, at least two or three times a week.
I don't speak for anyone except myself. I believe the issue before
you is a no-brainer. We all know that the public beach facilities near
the Ritz Carlton and other places around the county are inadequate
and must be improved, and I personally believe that the proposed
plans developed by Collier -- by the Collier County staff are well
Page 95
June 22, 2010
thought out and a professional presentation and appropriate use of
tourist tax dollars.
And speaking of various meetings we've had around the county, I
called upon Mr. V an Wert ( sic), asked him, why doesn't he come
participate in some of these public discussion, especially since we're
using tourist dollars. We didn't see Mr. Van Wert then. We don't see
him here today.
And in the interest of time, I just would like to say, Dear Board, I
urge you now, on behalf of the community, to approve -- to act on
this. We all know that the biggest stakeholders -- and really we're
talking about the tourists, a few of us retirees are the principal
beachgoers -- there have left by and large.
But you just visit one of our county beaches around, you see the
abysmal condition that we have. We spent 12 to $13 million of tourist
dollars that's all going for free advertisements for our hotels. I think
the public deserves better, and I think it's for you to do something for
us here, for our families, for our grandchildren.
Thank you.
CHAIRMAN COYLE: Thank you.
Commissioner Henning, you've had your light on for a long time.
COMMISSIONER HENNING: Yeah. I don't -- I don't have any
comments on the public's comment. I think we're here to listen to the
public and make a decision. And I also am concerned about spending,
spending, and more spending, although, the bathrooms is a public
health and safety issue, in my opinion.
I would like for the TDC to make recommendations on the
conceptual plans, and also make recommendations on a ground level
bathroom, let's say, over the existing bathrooms, and then improve the
existing bathrooms so that we have enough capacity in that area. Let
the TDC give us their recommendations, since they haven't been
asked, on which one to do and make also the recommended necessary
budget amendments. And I'll make that a form of a motion.
Page 96
June 22, 2010
CHAIRMAN COYLE: Okay. Is there a second?
COMMISSIONER COLETTA: Question?
CHAIRMAN COYLE: Sure. Well, Commissioner Halas has his
light on.
COMMISSIONER COLETTA: Yeah. I'll wait until
Commissioner Halas --
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: Well, I'll wait to see if there's a
second, and then I'll ask my question. And this will be directed to
Gary.
COMMISSIONER COLETTA: Commissioner Henning, I hope
I understood you right. What you were saying is, you want to look at
the possibilities of maintaining the old restroom and a new one, too; is
that what you were saying?
COMMISSIONER HENNING: Expanding the existing
bathrooms to a ground level bathroom and maintaining and improving
the existing bathrooms.
COMMISSIONER COLETTA: I'm not going to support that,
because I think we need the facility to be all encompassing to be able
to take care of the public.
COMMISSIONER HENNING: Well, I think need is one thing
and want is another thing.
COMMISSIONER COLETTA: Well, that's in the eyes of the
beholder, sir.
CHAIRMAN COYLE: Okay. Commissioner Halas?
The motion dies for lack of a second.
COMMISSIONER HALAS: Gary, I want to get some answers.
We've discussed about the FEMA maps, and that's one of the reasons
that we haven't gone forward with the bathrooms to the north, and I
believe that you have some preliminary data in regards to what we can
possibly build at the north end and also, now that we're here to discuss
the south end, can you tell me that we need to elevate these
Page 97
June 22, 2010
bathrooms? Is there something in the preliminary maps that you know
about that maybe us, the commissioners, haven't been privy to yet?
MR. McALPIN: The draft FEMA maps for the Vanderbilt
Beach location where these restrooms will be located will be a VE, a
vertical elevation, 15, 16. That's what the drafts maps say.
So we already have the draft maps. They're not going to be final
for a short period of time. And we're looking at the draft maps and
basing our design on the draft maps. Every indication that we get is
that this -- those elevations will be confirmed.
Relative to the discussion that they had on the -- that was brought
up on the north end, there's a big difference. That elevation, that draft
elevation, that location, is in an AE zone, which could mean that we
could floodproofthose facilities at the Bluebill facility and potentially
put them on grade.
We do not have that same option at the Vanderbilt Beach
location, so it's a completely different scenario, Commissioner.
COMMISSIONER HALAS: Thank you. I think that hopefully
answered a lot of questions in regards to this.
I realize that this is a very contentious project, especially those
that live in the Vanderbilt area, especially live on the Gulf. But as I
said earlier, I'm a commissioner that tries to represent all of the
315,000 people that live here in Collier County.
I think that as with -- this moves through, I believe that the TDC
will vet this, and whatever recommendations they come back with, I
think we'll look at those recommendations.
But I do believe that we do need an area whereby people can
observe the Gulf. I think we need an area where people need to be
protected in case of lightning. I also believe that we need an area
where we can store our beach equipment that we -- when we go out
there to enhance the beaches prior to the people coming.
I think presently we are renting some property directly across
from the parking garage, and that's costing the taxpayers money there.
Page 98
June 22, 2010
I also think that if you look at the parking structure, that we've
had -- at the point in time we were building the parking structure, we
had a lot of people that were concerned about the landscaping. Now
that the parking structure's been there for a number of years, when you
drive down there, you can't hardly even see that parking garage, and I
think that whenever we build anything here in Collier County, we do
it first class.
I remember some of the conscientious issues we had i regards to
the overpass and how that was going to be detrimental to the
communities around there. You drive over that overpass, and you
know what, we don't have a problem.
So at that, I make a motion that we move forward with the
conception of the plans that we have here along with the parking -- or
excuse me -- with the observation deck and with the concession stand,
and also that if this does get built, that Cabana Dan has first rights to
working with us -- with the county and providing the necessary
amenities as he's doing at the present time.
COMMISSIONER FIALA: I'll second the motion, but I think --
you mean then to turn it over to the TDC for their vote, right?
COMMISSIONER HALAS: Yeah. What we're doing here
today is basically the conception plan here. And I think when the TDC
looks at this, hopefully they'll approve these recommendations. We've
worked hard with Pelican Bay. And I want to say on behalf of Pelican
Bay, thank you so much. Obviously you have two great beach clubs,
and I don't think you have any problem with litter.
And I'm sure that the people here in this county realize that we
will make sure that there's not a problem with the surrounding
neighborhood, whether it's the Ritz Carlton or whether it's the people
next door to Beachmoor, that this will be groomed and it will be taken
care of. This is a real asset for all the people.
COMMISSIONER FIALA: And the other part I question is, I
don't think we can tell anybody who's -- who -- you know, Cabana
Page 99
June 22, 2010
Dan or anybody, because that has to go out to the bid process. Could
you -- if you would remove that, you've got my second.
COMMISSIONER HALAS: Okay. I'll remove the Cabana Dan,
but --
COMMISSIONER FIALA: Okay.
COMMISSIONER HALAS: -- it will be run commercially.
CHAIRMAN COYLE: Okay. We have a motion to approve the
conceptual plan and send it to the TDC for their recommendations.
COMMISSIONER HALAS: Yep.
CHAIRMAN COYLE: Seconded by Commissioner Fiala, and it
does not -- it does not obligate funds.
COMMISSIONER HALAS: That's right.
COMMISSIONER FIALA: That's right.
MR. OCHS: No, sir.
CHAIRMAN COYLE: It does not obligate funds --
MR. OCHS: That's correct.
CHAIRMAN COYLE: -- obligate spending, and I'd just like to
make a comment about this that is going to be applicable throughout
the day.
At the beginning of this meeting, I said this is going to be a very,
very difficult day for all of the commissioners. We have people who
are out of work, who have lost their homes, businesses are closing, the
economy is in shambles, we're trying to diversify the economy, and
we're talking about spending millions of dollars on things that would
appear to you not to be very important. And I share that concern.
But you will find as we go through these discussions today that
some of the money that is being discussed can't be spent any other
way because of the compartmentalization that occurs in government
funding.
You can have a few million dollars in this little lockbox, and it
can only be spent for one thing. So that's why sometimes you will see
commissioners doing what appears to be really stupid things,
Page 100
June 22, 2010
allocating money for things that are not emergencies when we are, in
fact, in an emergency. It's because the money cannot, by law, be
allocated to anything other than that.
So -- but you deserve an explanation as we go through the day
why we would spend money on things that don't get at the really
serious issues in Collier County and the threats we're facing right now.
Why would we spend tourist development funds at a time when we're
threatened, perhaps with oil spill, perhaps with hurricanes right now?
Why not keep that in reserves? You deserve an explanation of that.
And this particular motion does not allocate any funds for doing
anything. Is that right? Is that a correct statement?
MR.OCHS: Mr. Chairman, that's correct. And let me -- if I
could, just one second, add to that compartmentalization issue.
There's been a lot of talk about saving this money or what happens if
the oil spill comes. Even the tourist development taxes themselves are
compartmentalized in the different funds.
The funds we're talking about are compartmentalized into what
we call beach park facilities, can only be spent for those things. We
have a separate fund of tourist development dollars that goes to beach
maintenance, beach restoration, beach renourishment. Those are the
dollars that would be used if we were faced with a cleanup. There are
$4 million of dedicated reserves in there, $3 million of surplus reserve
in that fund, in addition to another $10 million of allocated projects in
that fund.
So I don't want the public to think that we're -- that the board is
unprepared if they have to deal with an oil spill issue. It just wouldn't
come from this particular bucket, if you will.
CHAIRMAN COYLE: Okay. But I want to emphasize, the vote
that we're planning to take right now does not authorize the
expenditure of any funds at the present time?
MR.OCHS: No. Commissioner Henning's correct. We need to
go back to the TDC and get their recommendation to you on whether'
Page 101
June 22,2010
this is -- whether they would consider this to be an authorized
expenditure of TDC funds and get their recommendation.
Your Parks and Recreation Board is your advisory board that you
entrust to give you recommendations on conceptual plans for your
beach park facilities and your parks. TDC then votes on the dollars
that it would cost to build those facilities, takes into consideration, and
makes recommendations then to the board on whether or not they
ought to move forward with the expenditure of those funds based on
the conceptual plans.
CHAIRMAN COYLE: Okay. Thank you very much.
Okay, we have a motion and a second made by Commissioner
Halas and seconded by Commissioner Fiala.
Is there any other discussion?
(No response.)
CHAIRMAN COYLE: All in favor of the motion, please signify
by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Okay. It passes 4-1, with Commissioner
Henning dissenting.
And we are going to break for lunch here. We will--
COMMISSIONER HALAS: Thank you, Commissioners.
CHAIRMAN COYLE: Okay. Thank you, Commissioner.
COMMISSIONER HALAS: Thank you.
CHAIRMAN COYLE: And we'll be back here at 1 :30.
(A luncheon recess was had.)
CHAIRMAN COYLE: Ladies and gentlemen, the Board of
County Commissioner meeting is now back in session.
Page 102
June 22,2010
Item #8A
ORDINANCE 2010-26: REPEALING AND REPLACING
ORDINANCE NO. 08-64, THE COLLIER COUNTY PARKING,
STORAGE AND USE OF RECREATIONAL VEHICLE
CONTROL ORDINANCE, RELOCATING ALL APPLICABLE
REGULATIONS FROM THE COLLIER COUNTY LAND
DEVELOPMENT CODE, SPECIFICALLY SECTION 2.01.00, TO
THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES
- ADOPTED W/CHANGES, STAFF DIRECTED TO WORK ON
CLARIFICATION OF LANGUAGE AND BRING BACK TO
CCPC AND BCC
MR.OCHS: Commissioners, this takes us to Item 8 on your
agenda, advertised public hearings.
Item 8A was previously 17G on your summary agenda, moved at
the county attorney's request. It's a recommendation to adopt an
ordinance repealing and replacing Ordinance Number 08-64 of the
Collier County parking storage and use of recreational vehicle control
ordinance in order to relocate all applicable regulations from the
Collier County Land Development Code, specifically Section 2.01.00,
to the Collier County Code of Laws and Ordinances.
CHAIRMAN COYLE: Okay. By the way, we have one speaker
for this item.
Commissioner Coletta, would you have -- want to have a -- ask a
question.
COMMISSIONER COLETTA: I'd be happy to wait 'til after the
speaker.
CHAIRMAN COYLE: Okay. Then what does staff have to tell
us?
MS. ASHTON: For the record, Heidi Ashton, Assistant County
Page 103
June 22, 2010
Attorney. And what you have before you is a proposed ordinance to
relocate Section 2.01.00 of the Land Development Code into the Code
of Laws and in doing this, we needed to merge it with Ordinance
08-64, which you previously adopted, which was the 48-hour
permitting of recreational vehicles that could go anywhere on anyone's
property .
The reason this is pulled to regular agenda is because your Code
Enforcement Department has requested a change to the language, and
your previous direction did not authorize making any substantive
changes to the language.
On the visualizer Mr. Ochs has put the language up, and it's the
second sentence. Before the revision it would read, in districts
permitting single-family homes or mobile homes, and there's some
ambiguity as to whether that would mean it applies to Estates and
agricultural property.
The Code Enforcement has, at least in the last six years and
perhaps much longer, has not applied this section to the Estates or
agricultural property, so we have the opportunity to at least fix that by
defining, by changing it from district to residential district, which is a
defined term in your ordinance, and it does not include Estates or
agricultural.
And I believe someone from Code Enforcement is here to
address any additional questions that you may have, but that's the
purpose of the requested change.
CHAIRMAN COYLE: Okay. We have one speaker. Who is
that speaker?
MR. MITCHELL: The speaker is Tim Nance.
CHAIRMAN COYLE: Okay.
MR. NANCE: Good afternoon, Commissioners. Tim Nance. I'm
speaking in behalf of the Golden Gate Estates Area Civic Association.
Members of the civic association routinely meet with the Golden
Gate Estates Task Force and were kind enough to get a chance to look
Page 104
June 22, 2010
at some of the proposed ordinance changes in advance and discuss
those issues in advance of them coming to you.
This ordinance is one of those. I think that, according to my
understanding, Code Enforcement was able to suggest an exclusion for
Golden Gate Estates on the RV portion of it. There's one additional
portion of it that I think is inappropriate and should be addressed at
this time, and that is, I think, the lead paragraph to the ordinance, and
basically what it says is, that any vehicle must be operational at all
times, and any vehicle that is not operational must be in an enclosed
building.
And we suggested that some language be inserted in there to
indicate that in the Estates people could do simple routine repairs such
as rotating tires, changing a battery and so on and so forth without
having to have an enclosed building to do so, in case they wanted to
make repairs to their swamp buggies or Jeeps or things of that nature
within their property guidelines.
As the ordinance is written, an unintended consequence is it
makes any vehicle that you're ever doing a repair to a violation to the
ordinance, and we thought that was an unintended consequence that
should be remedied at this time if you're considering this ordinance.
So I would ask somebody to take a look at that and see if that is
your intent to use that strong language in use, but we would like to see
people to be able to do things like minor repairs to their cars without
being made into lawbreakers.
Thank you very much for your attention.
CHAIRMAN COYLE: Thank you, Tim.
Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. I'll go right to the county
attorney. Jeff, I didn't quite catch that when I read it, but help me with
that.
MR. KLATZKOW: I don't quite catch it either. I mean, I do
repairs to my cars once in a blue moon and, you know, I do them
Page 105
June 22, 2010
outside. I imagine everybody else does, from changing oil to
whatever. I don't quite under- --
MR. NANCE: Look at the first paragraph of the ordinance.
You'll see that basically you can't have a vehicle that is not fully
operational without being in code violation. It's the first paragraph of
the ordinance. Go back to --
MS. ASHTON: Yeah. He's not talking about that section. He's
talking about section 6, and it's the verbatim language that's in the
LDC. This is the -- if you want to put that up. That's the LDC
language.
MR. NANCE: Excuse me. We went over this language several
times, and I think it's really something that needs to be looked at. I
don't have a copy in front of me, but you can -- it starts -- I think it's
the first few lines of the ordin- -- of the ordinance in that section. The
part that describes that you must have it in an enclosed building.
CHAIRMAN COYLE: Which paragraph are you talking about?
The underlined portion?
MR.OCHS: A.
CHAIRMAN COYLE: A?
MR. OCHS: Correct, Heidi, A?
MS. ASHTON: Yeah.
MR. NANCE: Yes.
MR. KLATZKOW: Well, I think the--
MR. NANCE: It says vehicles or trailers of any type that are not
immediately operable or used for the purpose for which they were
manufactured without mechanical or electrical repairs or replacement
of parts or do not meet the code are in violation.
MR. KLATZKOW: I think this is getting at junkers more than
anything else. But if Code Enforcement could say how they've been
interpreting this all these years. I mean, I can't imagine you couldn't
change a tire.
MS. PEREZ: Good afternoon. For the record, Christina Perez,
Page 106
June 22, 2010
Code Enforcement, Estates District Supervisor.
And as Mr. Klatzkow has said, the way that we interpret this
code is if the vehicle is a junked vehicle or where it says, immediately
operable, would be if it's a junk car. If the -- has no tires and it's up on
blocks, you know, something of that sort. If it's a flat tire, if there's a
dead battery. I mean, we don't ask someone, turn on your car so we
can verify that battery's running.
What I do recall with Mr. Nance is that he just wants a more
defined -- like a definition be set for what is an immediately operable
vehicle.
COMMISSIONER COLETTA: And if I may. I've still got the
floor, I believe. I agree with Tim Nance. You know, the code needs
to be something where it can't be interpreted at the whims of any
particular code enforcement officer or the public. It's got to be
something that's a little more exact.
County Attorney?
MR. KLATZKOW: Look, when I read this, to me it means,
we're trying to prohibit junkers. If the board wants us to amend this to
make it more clear, we can do that, but we haven't really advertised an
amendment here. We're just moving an existing ordinance from the
LDC to the Code of Laws.
COMMISSIONER COLETTA: Well, my suggestion is this
particular item, we understand -- I hope we understand how this
commission feels now. We haven't really gone down the line here to
find out. But possibly what we could do is use that kind of judgment
we just heard that would enter in until that point in time this could
come back to us to have the language in there that would read
correctly to be able to meet that needs. That's the direction I'd like to
see it go. Now, I don't know how the other commissioners feel about
that.
And I have one more issue I'd like to touch on. The other issue
has to deal with -- I just want to make sure now. The Estates in the
Page 107
June 22, 2010
agriculture areas out there, I have had zero complaints in many, many
years regarding the recreational vehicles parked in the front yard. Just
haven't had any. Maybe Code Enforcement's been getting them. I
don't know. Have you had a number of complaints from people in the
Estates about other people parking recreational vehicles?
MS. PEREZ: No, not that I can recall at this moment, you know,
that it's a periodic complaint. From time to time we get a complaint
about people living possibly in an RV vehicle parked on the property,
but not to the point where it's parked in the front yard.
COMMISSIONER COLETTA: Yeah. Well, what I would
recommend is that we make sure the language on that is exact,
exempting the Estates and the agricultural areas from that part of the
ordinance, and if there ever becomes an issue sometime off in the
distant future, we can readdress it then.
MS. ASHTON: Commissioner, that's what the proposed change
does. It eliminates, at least as to the parking of recreational vehicles,
any interpretation that it would apply to agricultural or Estates
properties.
COMMISSIONER COLETTA: Okay. And I'm sorry, because I
read it over a couple times when it was in front of me, and I didn't see
it. But if you say it's there, I'll take your word for it.
MS. ASHTON : Yes, it is.
MR.OCHS: Revised -- that's not the revised.
CHAIRMAN COYLE: Okay. Commissioner Halas?
COMMISSIONER HALAS: Yeah, the thing that I -- I go along
with is that if the people want to work on their vehicles out there in the
Estates, I've got no problem with that, but I think exactly what you
said there, County Attorney, that if somebody's pulled the wheels off
or the car's sitting there for 30 days and there's grass growing up
around it and everything else, I think that's what we're trying to
alleviate.
CHAIRMAN COYLE: Commissioner Henning?
Page 108
June 22, 2010
COMMISSIONER HENNING: This ordinance was to amend to
allow for temporary parking of recreational vehicles in the front yard
to be in compliance with the LDC. Is that a true statement? Why are
we amending this ordinance?
MS. ASHTON: We're amending the ordinance and repealing the
old one because you removed this section from the Land Development
Code, but it occurred in a two-step process in that first you adopted
Ordinance 08-64 that allowed for that 48-hour permitting.
COMMISSIONER HENNING: Correct.
MS. ASHTON: And then we moved this over, but we did it as a
new ordinance because we couldn't just move parts at a time because
they conflicted with each other with the way the exceptions are
written.
COMMISSIONER HENNING: The -- the language -- well, first
of all, correct me if I'm wrong, but it always was allowed, whatever
residential district, for you to do minor repairs or to do repairs on your
vehicle. The language that was up on the viewer is prohibitive of that.
MS. ASHTON: Are you talking about the commercial vehicle
language or the recreational vehicle language? Because the section
that we put up, Section A, that doesn't have the exhibits attached to it
that are the exceptions.
COMMISSIONER HENNING: Where's the exceptions at?
What part of the ordinance, or what page?
MS. ASHTON: I wrote on my copy, that's why I was reluctant
to put it up there. But let me put this other one up. I'll walk you
through it.
COMMISSIONER HENNING: Section 5A, any -- vehicles and
trailers of any type are not -- that are not being operated or used for
the purpose of which they are manufactured without the mechanical,
electrical repairs or replace (sic) do not meet the definition of
recreational vehicles; is that what it is?
MS. ASHTON: Correct.
Page 109
June 22, 2010
COMMISSIONER HENNING: They shall not be parked or
stored in any residential district including -- so you're saying, if it's not
immediately operable, they can't park it in the front?
MS. ASHTON: I can certainly let Code Enforcement address
how they apply that section, but that is the verbatim section that's in
your Land Development Code that you're moving to the ordinance.
So I didn't make any changes. Frankly, I don't think this whole
section is well written at all. It could be significantly improved.
COMMISSIONER HENNING: Let's improve it.
MS. ASHTON: But--
COMMISSIONER HENNING: That's my opinion. Let's get it
right so, like Commissioner Coletta stated, you don't want something
that doesn't have the literal intent in it, because one resident might
read it one way and use it against a neighbor, that wasn't the intent of
the board.
MS. ASHTON: Commissioner, my recommendation would be to
adopt the ordinance as we've revised it and direct that the whole
ordinance be reviewed for clarification through the Planning
Commission and then back here. It's easier to amend the Code of
Laws, but we can go through the same process in soliciting input from
those other boards.
COMMISSIONER HENNING: Why? Why is it easier?
MS. ASHTON: Well, right now you've adopted your Land
Development Code ordinance that removes this section out of the
Land Development Code. The effective date of that is the date when
you adopt this ordinance that you have proposed and repeal your
08-64.
So if you never do that, that section will never be removed, and it
doesn't solve your problem because the language that's in the existing
LDC has the districts, and we at least have one interpretation that I've
included in your backup documents that say it applies to Estates and
ago
Page 110
June 22, 2010
COMMISSIONER HENNING: Okay, I understand. We want to
permit a temporary parking of recreational vehicles such as boats in
the front yard, and in the meantime, we want to clean it up to clarify
the intent of the board, which would be to allow people to repair their
own vehicle; is that correct? That's my intent.
MS. ASHTON: Yes.
COMMISSIONER HENNING: Okay.
CHAIRMAN COYLE: Is that consistent with what you're
recommending, Heidi?
MS. ASHTON: Yes. So I think what your motion would be is
your motion to adopt the ordinance as amended on the visualizer,
changing the definition in that one section from district to residential
district, and then to direct that staff take this ordinance through the
Planning Commission and the Estates Advisory Commission (sic) and
get further input as to revising the language and to come back with a
proposed ordinance after that's been done.
CHAIRMAN COYLE: Does somebody want to make that
motion?
COMMISSIONER HENNING: I'll make that motion.
COMMISSIONER COLETTA: I'll second it.
COMMISSIONER HENNING: It was my understanding in all
residential districts, it was allowed for somebody to make minor
repairs. And what is Code Enforcement's interpretation of that?
MS. ASHTON: There's three -- want me to explain the three
tiers?
MS. FLAGG: No. Let me.
MS. ASHTON: Okay.
MS. FLAGG: Diane Flagg, Director of Code Enforcement.
Code enforcement has no issue with people making repairs on their
vehicles.
COMMISSIONER HENNING: So can we write the ordinance
that way? I heard going to the Estates Advisory Board, but we have
Page 111
June 22, 2010
several zoning districts, residential zoning districts within Collier
County .
MS. FLAGG: The section that they're referring to is specifically
Section 5, which is in regard to storing the vehicle, and it's referencing
a disabled vehicle. But as far as repairs, repairs are not addressed in
this ordinance at all.
COMMISSIONER HENNING: Okay, thank you. I understand
now.
MS. ASHTON: As to recreational vehicles, they are, because
there is an exception to having the recreational vehicle on your
property in the areas other than Estates or ago for a period of seven
days through a 48-hour permitting. Through Code Enforcement, you
can also get a seven-day permit, and then you can get another
seven-day permit if you have visitors come. So just for--
COMMISSIONER HENNING: Okay. Well, I remember the
former director of Code Enforcement, I had a conversation about
parking a boat in the front, and it was allowed.
CHAIRMAN COYLE: Okay. We have a motion by
Commissioner Henning, second by Commissioner Coletta.
COMMISSIONER HALAS: I have a question.
CHAIRMAN COYLE: Yes. Commissioner Halas?
COMMISSIONER HALAS: I don't mean to muddle this up any
more, but I think when you -- Diana, I need to have you up at the
podium there.
MS. FLAGG: Yes, sir.
COMMISSIONER HALAS: We're only talking about people
parking recreational boats out in front, and this would be -- where they
do it day after day, and that would be in the Estates. In residential
areas, they have to have a permit?
MS. FLAGG: That is correct.
COMMISSIONER HALAS: Okay. Just to make sure that -- and
then if they want an extended permit, they can get a seven-day permit,
Page 112
June 22, 2010
and they have to have that placed on the vehicle or on the boat so that
Code Enforcement, when they go by there, if there is a complaint,
people can see that there is paperwork in regards to Code Enforcement
gi ving them that opportunity?
MS. FLAGG: That's correct.
COMMISSIONER HALAS: Good. All right.
CHAIRMAN COYLE: Okay. Now let's make sure we
understand what we're voting on. We're voting to approve an
ordinance repealing and replacing an ordinance so it will relocate the
applicable regulations from the county Land Development Code to the
Collier County Code of Laws and Ordinances.
MS. FLAGG: With the addition of the one word residential in
Section 6, which is on the visualizer.
CHAIRMAN COYLE: That's right. And we're also providing
guidance to staff to go through and clean it up, make it better, tighten
up the language subsequent to this approval.
MS. FLAGG: Correct.
CHAIRMAN COYLE: Okay. Everybody got it?
COMMISSIONER HALAS: Yep, got it okay.
CHAIRMAN COYLE: Okay. 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 motion passes unanimously. Thank
you.
Item #9B
Page 113
June 22, 2010
UPDATE FROM THE TRUST FOR PUBLIC LAND REGARDING
THE RESULTS OF THEIR POLL TO DETERMINE THE LEVEL
OF SUPPORT FOR A BALLOT MEASURE IN NOVEMBER FOR
EXP ANSION OF THE NAPLES ZOO - ACCEPTED THE
RESUL TS OF THE POLL - APPROVED; RESOLUTION TO BE
ADVERTISED AND BROUGHT BACK TO A FUTURE BCC
MEETING - APPROVED
MR. OCHS: Commissioners, that takes you to Item 9B on your
agenda, which is an update from the Trust for Public Land regarding
the results of their poll to determine the level of support for a ballot
measure in November of expansion of the Naples Zoo. This item was
placed on the agenda by Commissioner Fiala.
MR. TETZLAFF: Good afternoon, Mr. Chairman,
Commissioners. It's David Tetzlaff, Naples Zoo.
I'm also going to hopefully navigate through the PowerPoint for
you because John Garrison, Trust for Public Lands, had,
unfortunately, a family emergency at his house.
So I guess we can start by going through the PowerPoint that
TPL arranged. This was done by a polling firm in Colorado. And this
was 300 voters, and the margin of error is typical in these types of
things, which is anywhere usually from 3 to 5-something percent. It
was done two weeks ago over a two-day period, and supposedly it was
randomly selected people across Collier County.
You can see the overall mood of the county, despite concerns
over the economy, is in -- going in the right direction, so I guess that's
good news to some people.
This is -- I believe you could almost call this draft bout ( sic)
language, if this does go to referendum at some point. And you can
see the $30 million figure, which I realize that myself, and everybody
in the room realizes, that there's probably no better time to buy land
Page 114
June 22, 2010
than now, and that was simply worst-case scenario, high end. I don't
know if there's anybody that thinks the property is worth that much,
but that was worst-case scenario. So basically the survey was based
on that worst-case scenario figure which, hopefully, for all our sakes,
will be less.
This is the first figure that we need to keep in mind, and that is
the majority of the voters, 55 percent, would say yes to purchasing
that 22 acres north of the zoo and, of course, 41 percent will say no.
Now, mind you, this is at the very beginning of this survey, and we'll
have a different figure at the end.
Reasons for a yes vote. It's a way to improve the community,
because the zoo is a community resource, would allow to expand all
our themed areas that we plan in the future, and would preserve this
land from housing and commercial development, and it would either
benefit them personally or the other residents who would visit the zoo.
It's also interesting, and hopefully we plan to use this for our
marketing efforts, 82 percent of the people like the zoo. So that was
good for us to know.
Reasons for a no vote. Voters who oppose this say that they
don't want a new tax or think it's not a good time to increase taxes,
they believe there's other things to spend tax money on, they think the
zoo is fine as it is, and they feel the zoo should finance our expansion,
not the voters.
Now, after people have heard a number of issues, you can see
this does change somewhat. Initially it was 55 percent were in support
of this. After more information, 64 percent of the people would
support this.
And mind you, this is without really a lot of education. If this did
go to referendum, we'd basically have five months to educate the
voters and let them decide.
Does any of the commissioners have any questions on that
particular item from TPL?
Page 115
June 22,2010
(No response.)
MR. TETZLAFF: Okay. Barring none, I had a couple of my
own comments if you would indulge me.
Just based on a lot of questions and comments I'm getting
personally, why are we doing this? Well, the zoo is a community
resource for everyone. Weare a melting pot. If you come to the zoo
at anyone of our 12 free days, you'll see everything from people
struggling to make car payments to Jaguars and Mercedes and BMW s
coming in, so we are that melting pot for everyone.
And for a lot of our zoo guests, even though South Florida's a
great place to go out and view nature in the wild, for a lot of people,
the zoo is their only contact with nature.
Of course, why not? Well, it is a buyer's market. Land will
never be more affordable, and if the zoo did not explore this
opportunity and land is lost for a commercial/residential development,
we'd probably be criticized in the future for not exploring this
opportunity, so we have a concern of that.
And six years ago when we were here talking about saving the
actual zoo itself, people wanted a bigger and better zoo. This is just a
way to continue and fulfill that desire.
The zoo's increased popularity since the historic '04 referendum
proves that the public/private partnership does work. In the last five
years, over a million dollars of improvements have been made, and if
anyone has not been to the zoo in the last few years, you just haven't
been.
And mind you, if this does go to vote and you haven't been to the
zoo lately, please come out on that monthly Saturday. First Saturday
of the month is free.
People ask, well, why doesn't the zoo just buy it itself? Right
now there's about 220 accredited or AZA zoos across the country.
Most do not own the land that they sit on. Zoos are simply not in the,
what we call, dirt business, buying land. Zoos generate enough income
Page 116
June 22, 2010
through basically your memberships, your tickets; fundraisers are
what make new exhibits and opportunities for our visiting guests.
And a lot of zoos actually get an annual millage every single year
for operating, and Naples Zoo is fortunate that we've run in the black
now for 41 years off memberships and tickets. The vote six years ago
was for land. It was not for operations, and that still seems to be a
matter of confusion with some people. So we're not asking for
operating. We're only asking to look at a rare opportunity to grow the
physical space of the zoo.
This opportunity would increase the zoo land by 50 percent,
would make a 65-acre zoo. All of it would be on public land.
And this potential growth would allow us to expand all the
themed areas we're planning on for the future. And mind you the zoo,
by the TDC's model, brings in 25 to $27 million of economic impact.
A bigger zoo would draw more people and increase that benefit to
other local businesses.
In this case, the zoo, the Trust for Public Lands, the zoo board,
simply asks you to repeat your '04 decision and let the voters decide
on this matter.
Thank you for your consideration.
CHAIRMAN COYLE: Okay, thank you, David.
Okay. Commissioner Henning?
COMMISSIONER HENNING: I don't think it's time to be
asking the voters for any increase of taxes, no matter what it is.
People are making choices on whether to put groceries on the table or
gas in their car.
CHAIRMAN COYLE: Okay. So you don't want to make --
have them make a choice on this one either, huh?
COMMISSIONER HENNING: No.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yeah. I know that we've -- at many
times we've just said, well, we don't want to make that decision, we
Page 11 7
June 22, 2010
want you to make that decision, which is what we did with the last
time. And the zoo, we said, if you want the zoo and you want to pay
for it, that's good, but you to have to tell us by your vote. And the
people did. We took out a bond issue, I guess, for ten years. We were
very fortunate; we paid it off in four years. And so you saw that
released from your tax bills after four years. I hope everybody noticed
it. Of course, it was so small, I don't think anybody noticed it in the
first place.
But anyway -- so I'm certainly willing to let the taxpayers decide
for themselves if they would like to expand the zoo. This is prime
property. It's the last of the piece of that land, and I would like to see it
go to the zoo rather than go to development or --
COMMISSIONER HALAS: Are you making a motion?
COMMISSIONER FIALA: I'll make a motion.
COMMISSIONER HALAS: Okay. And I'll second it.
COMMISSIONER FIALA: Okay.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Commissioner Fiala's right.
We've brought this up a number of times before. We dealt with
Conservation Collier; we dealt with the zoo before. There's an issue
coming up on the ballot that has to do with the commercial center out
in Golden Gate Estates. I mean, what better -- whenever there's a lot
of controversy going on and you can't really get a grip on it, especially
something like the zoo here, why not put it out there and see what can
be done? I have no problems with it, and I can support Commissioner
Fiala on this.
CHAIRMAN COYLE: Okay.
COMMISSIONER FIALA: May you make the decision and tell
us what you want to do.
CHAIRMAN COYLE: Yeah. I just personally think it's a
terrible time to put another item on the agenda, but -- it's a big risk, but
I think if you can get the facts out and make sure people understand
Page 118
June 22, 2010
what's going on -- there are so many issues on the ballot right now that
it's going to be so confusing. The tendency is going to be for people
to just say, no, I'm not voting for any of these things without really
taking a look at each of them individually.
But in any event, we've got a motion on the floor. Motion by
Commissioner Fiala, second by Commissioner Halas to approve
placing it on the ballot and let the citizens decide.
Any further discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Okay. It passes 4-1, with Commissioner
Henning dissenting.
Yes, County Attorney?
MR. KLATZKOW: We need a resolution to send it out to the
Supervisor of Elections. We've prepared one we can give you now to
review, or we can bring it back at the next agenda, but it has to go to
the Supervisor sometime in mid August in order to get there. It's
whatever you want to do.
We have a resolution ready to go if you'd like to take a quick
look at it and approve it, or we can bring it back at the next meeting.
CHAIRMAN COYLE: You're going to hand it out to us right
now?
MR. KLATZKOW: I could put it on the overhead.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: I think you ought to wait and
Page 119
June 22, 2010
put it on an advertised public meeting, personally.
MR. KLATZKOW: It's your prerogative.
CHAIRMAN COYLE: Okay. Do you see any problems?
MR. KLATZKOW: No. We advertised -- this matter itself was
advertised for approval or to be put onto the ballot. This is just the
administrative paperwork to get it there.
CHAIRMAN COYLE: Okay. Let's see it.
MR. KLA TZKOW: It's just two pages.
CHAIRMAN COYLE: When are we going to get the appraisal
done?
MR. TETZLAFF: It's in progress, sir.
CHAIRMAN COYLE: Okay. Do we have any idea when it will
be available?
MR. TETZLAFF: A week or two I'm told.
CHAIRMAN COYLE: I'm reluctant to put $30 million in here.
I know that's not an obligation, but we're saying to the people that
we're willing to pay $30 million for this, and I think we need to have
something substantive for the voters to actually vote on and to
understand.
MR. KLATZKOW: We can bring it back along with the
appraisals.
CHAIRMAN COYLE: Yeah. You could get it on our July 27th
agenda, right? That would give us plenty of time.
MR.OCHS: I believe August 24th is the deadline date for the
Supervisor of Elections to have the final ballot language.
MR. KLA TZKOW: We just knew you had a really -- you've got
a really big agenda next time out. We were -- this was intended so --
just to reduce it a little bit, but we can bring it back if that's what you'd
like.
CHAIRMAN COYLE: Yeah. But we've got a couple of days --
we can extend our agenda in July if we need to. It's a little more
difficult to do it now.
Page 120
June 22, 2010
Commissioner Fiala, I think you were first.
COMMISSIONER FIALA: Yes. I just wanted to say I agreed
with you on that, and I didn't want the seller to think that we were --
we would want to pay $30 million, you know. I want the appraised
value, and if it's 22 million and that's as high as we're going, then they
know it's not going any higher than that, so I agree with you.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: I would like it to be advertised
on a future agenda.
CHAIRMAN COYLE: Okay. Then that's where we're going, it
appears, and we'll have the appraisals available at that time so we can
give the tax holders a more -- taxpayers a more accurate indication of
what they're voting for.
MR.OCHS: Yes, sir.
CHAIRMAN COYLE: Because it's not good to just throw out
information that is not necessarily accurate and expect people to make
an informed decision.
Okay. All in favor, please signi- -- did we already vote on this?
I thought we did, yes.
MR.OCHS: Yes, sir.
CHAIRMAN COYLE: Now, we are not voting on this particular
item, that is this language?
MR. KLATZKOW: No. We're bringing that back to you, sir.
CHAIRMAN COYLE: Okay. So you bring it back to us next
time, okay?
MR. KLATZKOW: Yes, sir.
CHAIRMAN COYLE: All right, very well.
Where does that bring us?
Item #10B
DIRECTION TO THE COUNTY MANAGER REGARDING A
Page 121
June 22, 2010
REQUEST FROM THE PARKS AND RECREATION ADVISORY
BOARD TO RE-APPROPRIATE FUNDING ASSOCIATED WITH
PROJECT #80122 MANATEE COMMUNITY PARK TO
DEVELOP A FITNESS, COMMUNITY, AND AQUATIC
CENTER AT EAGLE LAKES COMMUNITY PARK - MONEY
TO BE PLACED IN AN ESCROW ACCOUNT UNTIL FUNDS
ARE AVAILABLE, AT SUCH TIME EAGLE LAKES WILL GO
FORWARD FIRST AND CORKSCREW PARK WILL GO
SECOND TO BE BUILT OR THE PARKS TO BE BUILTIN
TANDEM - FAILED; MOTION FOR STAFF TO CREATE A
MASTER PLAN AND CREATE THESE TWO PARKS AS SOON
AS FISCALLY ABLE BUT RETAIN DOLLARS FOR DEBT
PAYMENT IN THE BUDGET - APPROVED
MR. OCHS: Commissioners, that takes you to your two p.m.
time certain. It's agenda Item lOB, a recommendation to provide
direction to the county manager regarding a request from the Parks
and Recreation Advisory Board to reappropriate funding associated
with project number 80122, Manatee Community Park, to develop a
fitness, community, and aquatics center at Eagle Lakes Community
Park. Mr. Barry Williams, your Director of Parks and Recreation, will
present.
MR. WILLIAMS: Commissioners, good afternoon. Barry
Williams, Parks and Recreation Director.
The issue before you, Commissioners, if I may, I just wanted to
go over it very briefly for you just so that you had the information.
This was a point of discussion that came up in our March -- or
actually our February Parks and Rec. Advisory Board member (sic),
and we have a Parks and Rec Advisory Board member, Phil
Brougham, here today. I think he will also be speaking on the issue.
But simply, the concept was, we have a project currently, capital
project, for Manatee Park, Manatee Community Park. We have
Page 122
June 22, 2010
approximately 2 million, a little over $2 million in that -- that project.
We anticipate that it would cost 15 million to build that project out.
And so the discussion that came out was taking the money of that
existing project and put it towards the completion of a community
center, fitness center, pool, for Eagle Lakes Community Park.
So the recommendation from the Parks and Rec Advisory Board
was to -- and what we're bringing before you is to take 1.9 million
associated with Manatee and put it to that project.
If I may, just to show you, this is a Site Development Plan of
Eagle Lakes. If you're familiar with the location, you know that -- and
I'll use the -- I'll use the mouse to show you. This is the entrance to the
park. And we have two sites in the Site Development Plan where a --
you could construct a facility.
On the right side of the park, this is what was intended at some
point for a community center. On the left side, this was intended when
the Site Development Plan was completed for a library. However,
with the south regional library , this is no longer, in our opinion,
needed for a library, and so the recommendation is that if -- when
we're to build a facility, to build it in this footprint here. So just to
orient you to that.
This is some conceptual drawings of what a park might look like,
or community center, if you will, and this is a fairly standard facility
that we have developed with this. You can, again, see it overlaid on
the existing footprint in Eagle Lakes, and you can see it here with the
highlighted area. These are, of course, the soccer fields, the two
baseball fields that we have.
The facility itself, in this -- in this conceptual design, you have
two parts of it. You have a fitness center here, all the accompanying
bathrooms, locker rooms, bath -- offices, rather. This side is a
community center configuration. We also have it configured for
support of the pool. This is a lifeguard office; however, depending on
what direction the board might give, this could be used for a variety of
Page 123
June 22, 2010
different uses beyond lifeguard. This is just two major meeting rooms
that you can see. Again, another shot of conceptual design.
When we're looking at pool design, we're looking at recreational
pool, and you can see the different components. A very popular
feature, of course, are slides and the water features that you see here.
One more conceptual design of the pool itself.
When we were talking about this, we pulled out our checkbook,
and so this is the -- what this slide shows. And I just wanted to walk
you through, if I could, the 2010 entries. I think that once you see
this, you'll get a sense of what we're saying here. The 2.699, 2.6
million, 2.7 million, if you will, is our beginning balance.
The recommendation to take 1.9 million from Manatee and put it
into the checkbook, that gives us a total of $4.6 million. The debt
service owed for 2010 is 3 .1. We were asked to go ahead and put the
total amount of the project, the 1.9 in the 2010, go ahead and take that
out of our checkbook, and then that leaves you a balance of $429,000.
Our projected impact fee revenue for this year is -- we're having a
conservative approach with this -- we're saying 2.5 million. So you
add that to your existing balance, and so you end the year in your
checkbook with $2 million. You take that to 2010, and then you just
continue to work the math.
And what I'm showing you with this checkbook is just in our
five-year plan what we will have available to pay our debt service.
And if you look at this -- and I will tell you these numbers are fairly
conservative -- our impact fee projections both for 2010 and on out are
conservative numbers. But you can see in 2012 what we're looking at
is running a deficit in our checkbook with impact fees.
So with this project, you could get through more than likely to
2012. If things don't change, if the numbers were certainly better, if
your impact fee revenues were better, you know, that would improve,
you know, your ability to continue to pay your existing debt. But the
way that we're looking at the numbers now, 2012 is about as far as
Page 124
June 22, 2010
you could go.
The last thing I'd just leave you with, and certainly stop and
answer any questions you might have, is just the recommendations
that staff wished to bring forward for your consideration. There may
be other recommendations or other thoughts, but the ones that we
looked at was, first, Parks and Rec Advisory Board's request to
redirect the funds in the amount of 1.9 available for Manatee toward
the design, permitting, and construction of a fitness, community,
aquatic center at Eagle Lakes.
The other recommendation is, hold pat, keep your money in the
project, look and see if times get better, re-evaluate in future time, but
take your 1.9, leave it as is, and not spend it. Just keep it in the bank
and not spend it.
So with that, I wanted to leave you with my presentation.
Certainly if you have any questions I'm happy to answer.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: If the board was to agree to use
that 1.9 for Eagle Lakes projects, where would you get the money for
2012, the obligation of debt?
MR.OCHS: Commissioner, I would believe you'd be in a
similar position that we currently are with some of your other impact
fee debt that has insufficient revenues. To cover the debt, we'd have
to go back into your general fund revenues and backfill that debt.
COMMISSIONER HENNING: Is there -- is there room in our
general fund to do that at this point?
MR.OCHS: No, not at this point, sir, no.
COMMISSIONER HENNING: So the likely conclusion is, stop
spending and let's pay our debt.
MR. OCHS : Well, Commissioners, you-all don't -- the debt
service is one of our nonnegotiable elements. We have to cover our
debts first and foremost, and then we move on to our operating needs
from there.
Page 125
June 22, 2010
COMMISSIONER COLETTA: Okay.
CHAIRMAN COYLE: Commissioner Coletta?
Oh, I'm sorry. Were you finished, Commissioner Henning?
COMMISSIONER HENNING: I'm in favor of not spending it
until we know what our future revenues are going to bring in coming
years. To obligate for more projects that we know that we have
revenues that are diminishing is just not good common sense.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Well, everything I hear, you
know, is right on target, but there's some things that we've got to deal
with, and that's the human issue of this whole thing. And by God,
there's one thing, I don't want to -- I've been dreading this item for
weeks, if not months, coming up, and I don't want to have a food fight
with Commissioner Fiala over the last bones that are out there. I just
don't want that to happen.
One of the things I've been very supportive of is parks throughout
all of Collier County from one end to the other. I supported City of
Naples getting funds from the county to be able to make up for the
fact that they take care of so much of the needs within the -- the
residents of Collier County within the City of Naples.
Supported many different parks, and now we got a -- we got a
real problem in the fact that there is no master plan in place to
recognize where the real needs are and where they should be fulfilled
first.
Case in point, Corkscrew Park out there at Orangetree, that was
put on the back burner very simply because of the fact there was a
water treatment plant that was going to be going in at that location,
and there was no way to be able to proceed with the park because of
the fact they didn't know where the pipes were going to go. Well, that,
for the most part, has gone away, and that land has became (sic)
available for a regional park.
It's an area about the size of Washington, D.C., that doesn't have
Page 126
June 22, 2010
a regional park, doesn't have a field to be able to play in, doesn't have
swings, doesn't have anything. The shortage is short, real short. I
mean it's to the point where it's unbelievable. You have to travel a
distance of 14 miles back to Max Hasse or 14 miles to Immokalee to
get to a park of any kind. It doesn't work.
So what I would suggest is a couple of things. One,
Commissioner Henning's right about, we got to look -- we got to look
at this thing in a financial way to see if there's other moneys that might
become available and be able to make a decision down the road. If we
went and we spent money on design and plans for Eagle Lakes, and
we weren't able to implement it past that point because of a budget
crunch for many years to come, at some point in time those plans
become obsolete because of changes to codes, changes to materials,
federal, state regulations that come down. So that's a concern. So if
we ever come up with a plan, we got to come up with something that's
all cohesive where you can go from one point to another in a logical
way and be assured of a reasonable success.
What I would like to see happen is, we still recognize there's a
tremendous need, not only out in the Golden Gate Estates area, but
also in East Naples, is that we go back to the drawing board where we
can at least work towards a master plan to start identifying what has to
be done in some sort of order that will start to fill the greatest need
first, to start working forward from there, something that could be
done without all the emotions of a number of people speaking for their
particular area.
And that's what I'd like to see happen. Is there talks right now
about a master plan to deal with this issue?
MR. WILLIAMS: Commissioner, I'd just say that one of the
things that is in the Growth Management Plan requirements this year
is for a parks master plan to come before the board, and so we're
fortunate with ARRA money, with transportation receiving money
from the Master Mobility Plan, we were able to link up with that
Page 127
June 22, 2010
project, and we're working with them on completing that master plan
for parks.
So we will be bringing that back to you before the end of the
year, that's our plan, so we certainly could look at some of those items.
COMMISSIONER COLETTA: Okay. And the master plan will
take in all sorts of factors that we're not taking at this point in time?
MR. WILLIAMS: Yes, sir.
COMMISSIONER COLETTA: Thank you.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: Thank you, Chair.
Commissioner Fiala's worked very hard in her district to get this
moved forward, and I would like to see this board -- if we don't move
forward on this, I would like to see this board vote that before any
other parks are constructed, that the money -- and that her area gets
taken care of first.
She's been working many years trying to get this Manatee Park
up and running, or excuse me, this park over there at the Eagle Lakes
up and running, and I think her vision is very good. But at this point
in time, as we all know, as we look at the numbers here, it's hard for us
to move forward.
But I would love to make a motion -- but first I'll let
Commissioner Fiala talk, because I think that she has a right to make a
decision here; her voice ought to be heard before we do anything.
But she's worked very hard for her district to try to get this
moved forward, and it seems that we've always ran (sic) into some
kind of a snag. And I'd really like to see the monies be placed in
escrow or whatever else, I'll let her decide, and then we'll move on
from there.
But I think that East Naples needs this facility. Whether this is
the proper time or not, we'll work through that, so --
CHAIRMAN COYLE: Okay. Commissioners, we have four
speakers. Is it more than --
Page 128
June 22, 2010
MR. MITCHELL: Three speakers.
CHAIRMAN COYLE: Three speakers. Do you want to hear
from the speakers first?
COMMISSIONER FIALA: Yes.
CHAIRMAN COYLE: Okay. Then let's call three speakers.
MR. MITCHELL: Okay. Phil Brougham, and he'll be followed
by Nancy Gibson, and then the last speaker is Nancy Markham.
MR. BROUGHAM: Good afternoon. My name is Phil
Brougham, and I reside in Fiddler's Creek in East Naples since 1999,
and I am a member of the Parks and Recreation Advisory Board,
however, I'm speaking hopefully as a private citizen today instead of
on behalf of the board.
And it concerns the issue before you, which is essentially to
divert monies that have been previously -- probably using the wrong
word -- allocated for Manatee Park towards the construction of a long
overdue community center in Eagle Lakes.
While the residents of East Naples certainly want and need
Manatee Park, they do understand that it may be years before they get
this park due to the lack of impact fees; however, the residents have
agreed with the concept of building the community center in Eagle
Lakes in order to provide the long overdue facilities to the young
people living in the vicinity, and awaiting future impact fees to
construct Manatee Park.
Eagle Lakes Community Park is the only community park in
Collier County without a community center. We have been waiting
11 years for the completion of Eagle Lakes, and a community center is
desperately needed to serve the hundreds of young people who live
within five miles of Eagle Lakes Community Park.
After-school programs, summer programs, and other activities
cannot be held because we lack this facility.
Staff has made you aware of the status of the impact fee fund and
a projected deficit three years out if their estimates are correct
Page 129
June 22, 2010
regarding the impact fee revenues. If they are accurate and if you
were to authorize the expenditure of 1.9 million in 2010 for Eagle
Lakes community center, by 2012 the impact fee fund would be in
deficit. Neither I nor, I believe, anyone else, would like to see that
happen and for you to have to consider ad valorem taxes to make up
for this deficit.
However, you should consider that even if you agreed to divert
the funds and build Eagle Lakes community center, the construction
costs would be totally -- would not be totally expended in 2010 but,
rather, over the next two years.
I would like you to consider a third option, which would be to
authorize staff to spend 50- or 60-, $75,000 for a detailed design of the
Eagle Lakes community center and pool. At completion, staff could
present you with construction options and related costs for a final
decision to proceed or table the option for a future time.
Additionally, there is an option available to only construct the
community center and fitness and forego the pool for later on.
Certainly the pool would be a nice amenity, but it is not the absolute
requirement.
Once again, I recognize the dilemma you have, but I would only
ask that you look for a compromise, and if we have to use these funds
that have been allocated for Manatee Park to pay our debt service,
then let's stop all construction projects in parks until that debt service
is paid and not just single out East Naples Manatee Park. Thank you.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: I think you have three speakers.
CHAIRMAN COYLE: I'm sorry.
MR. MITCHELL: Nancy Gibson, she'll be followed by Nancy
Markham.
MS. GIBSON: Good afternoon, Commissioners. My name is
Nancy Gibson, and I live in East Naples, and thank you for letting me
speak on something that's dear to my heart.
Page 130
June 22, 2010
First off, given -- a fitness center, community center, and
programs are very much needed for all the children in East Naples,
and also the adults. I have a countywide fitness pass for -- and I
usually -- I go and use North Collier and Max Hasse, which is quite a
bit of difference -- distance from my house, but it's worth it. They're
wonderful centers. And I would love to see centers down here for the
adults and the children, because we have nothing. Thank you.
MR. MITCHELL: Nancy Markham. This is your last speaker.
MS. MARKHAM: Good afternoon, Commissioners. I'm an East
Naples resident for 14 years.
Our commissioner fights for East Naples community constantly,
persistently, and we thank her for what she does.
But one more time, I feel like East Naples is the stepchild. There
are funds that -- from the Manatee Park which have been allocated
that can be deferred to Eagles Lake (sic). We've waited 12 to 13 years
to have that park completed.
You have community centers and pools and facilities throughout
the county, but East Naples still has to wait.
I'd really appreciate you looking at the budget. The funds are
there. Put them towards Eagle Lake and let us have a full community
park. Thank you.
CHAIRMAN COYLE: Okay.
MR. MITCHELL: That was your final speaker.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I do agree that we have debt
service that we have to tackle. And if we have to put this on hold, I
would agree with Phil Brougham's comment, then we spend it on
nothing at all. No parks until we're ready to do something.
And then -- and I agree with Commissioner Coletta, they really
need a park out there as well in that Orangetree area. There's so many
kids out there, too, and they have to drive quite a distance. Well,
heck, it's quite a distance anyplace in Golden Gate Estates to get to
Page 131
June 22, 2010
anything. So I understand that they need that, too.
What I would love to do -- it would be great to see them both
done in tandem. We've waited a long, long, long time for a
community center in East Naples.
And for those that don't understand, when you have a park and
you don't have a community center, you cannot hold summer
programs for the children, you can't hold after-school programs for the
kids. The YMCA of Marco Island was going to hold summer
programs for us except there was no place to hold them.
They have feeding programs. You see, this area is surrounded by
very low income children. They come from Naples Manor and they
come from Whistler's Cove and so forth that's just within walking
distance. But -- and these kids are really in need of these feeding
programs, but we can't hold them there because there is no community
center to put them in.
And we've been encouraging -- meanwhile, we've seen a $58
million park being built, we've seen ~ther parks being built, and we're
still waiting for our community center.
So I say, I can understand fiscal responsibility, and that's fine, but
when the -- when the money starts coming in, don't put us on the back
burner again. Put us right up there in front. And if you can, try and
do it in tandem with the Corkscrew so that at least they get their plans
drawn up, and you can get the community center built while you're
doing the plans for the other thing. And if you have to put them in
phases also, at least you'll finish this thing and put that one -- get that
one started, because I believe they need it as much as we do.
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. I don't want to prolong
what we're doing here, but Commissioner Halas made a motion. Did
it get a second?
COMMISSIONER FIALA: I didn't hear his motion.
COMMISSIONER HALAS: I didn't make a -- I didn't make a
Page 132
June 22, 2010
motion. I was in the process, but --
COMMISSIONER COLETTA: Oh, I'm sorry, sir.
COMMISSIONER HALAS: -- but I felt that it would be unfair
to Commissioner Fiala before she spoke.
But I would like to make a motion -- see if you get a second --
that we put the money in escrow, and as soon as the county gets in a
position where we can advance this, that her park becomes number
one, because she's worked so hard on this for the last couple of years,
in fact, since I've been on this board, to get something done there at
Eagles Creek (sic), and I would love very much to see that this -- we
can move this forward at the time that we're -- when we got the
finances to do it.
The other concern I have is, if we try to move something right
now, we don't have the manpower, the people there, to administer to
this park. We have cut headcount in this county immensely. And -- so
I think that what we need to do is make a promise to District 3 --
COMMISSIONER FIALA: One.
COMMISSIONER HALAS: -- excuse me, District 1, that--
COMMISSIONER FIALA: I was listening carefully.
CHAIRMAN COYLE: How about 4?
COMMISSIONER HALAS: -- District 1, that we put this money
in escrow, and at the time when we can move forward, that District 1
is number one on the list for getting this park -- this area done.
COMMISSIONER FIALA: Bless you, my son. I second that
motion.
Okay. And I want to tell you what he was talking about as far as
manpower goes. You see, right now there's nobody at the park so that
-- because there's no place for them to be housed, and so that park
goes without somebody on duty all day long. They have somebody
that stops in here and there. I think once a day. But if a child falls off
a swingset, there's no place to go. If you see a fight break out, there's
nobody to go to to help them with that because, again, there's no
Page 133
June 22, 2010
community center.
So I appreciate Commissioner Halas' motion. I also understand
our fiscal responsibility, and so -- and we're willing to wait. We've
waited 13 years. We might as well wait a little bit longer as long as
,
we re --
COMMISSIONER HALAS: First on the list.
COMMISSIONER FIALA: -- up next. Yes, thank you.
(Applause.)
COMMISSIONER COLETTA: Okay. Before you get too
excited, I'm going to -- no, seriously. I got a district that's
underserved, and I've got to be honest with you. We're talking about a
community center when we don't even have soccer fields. We're
talking about a swimming pool when we don't even have swingsets.
We have none of these amenities already there.
Now, I understand the fiscal part, and I think that was very
responsible on the part of my fellow commissioners to recognize that.
Now, we're getting into a food fight over who's more important in
this world. We already know we got a master plan coming forward
that's going to take recognition of where the need's the greatest, not
which commissioner started which project first. If that was true, you
know, I would have had Immokalee Road built probably my first year
I was here.
But the truth of the matter is, you do everything by some sort of
logical order of things. And it's very concerning to hear that this
motion contains number one is going to be Eagle Lakes. I didn't even
hear number two was going to be Corkscrew. I just heard number
one's going to be Eagle Lakes. So I have to take some objections to
this in the direction it's going.
I do have people that are underserved. Mind you, there's a
tremendous amount of kids out there. One of the things you have to
realize about that part of my district, it's a working family district.
That's why none of them are here today. They're all at work and their
Page 134
June 22, 2010
kids are in school. The ratio of children to adults is very, very heavy in
that area.
And now, they're going to be put on the back burner. I mean,
everybody's put on the back burner for a minute because of the
financial situation, but when it starts to pick up again, without any
consideration of the fact that we're going to try to run them in tandem,
without any consideration that we're going to try to bring two different
parks in in some sort of logical order -- we got one designated number
one because the commissioner worked very hard at it for many years.
God bless her, she does. She's amazing. I absolutely love her. But I
got to be honest with you, we've been working for many years on this,
too. We were held up because of a sewer/water treatment plant that's
no longer going to happen. It's wide open for us out there.
So if we're going to vote on this today, I don't think it's fair
because it's a different spin from the direction we were originally
going. This should be moved to another agenda.
But I said my piece, and I'm very disappointed if this vote goes
forward in the negative.
CHAIRMAN COYLE: What if we threw in limerock road
paving into the deal ? Would that make you happy?
COMMISSIONER COLETTA: Well, I mean, if the roads got
paved, then they might be able to get to East Naples a little bit quicker
to enjoy the parks.
Twenty -- I've heard -- Barry, help me with this. Where are you?
Barry? Twenty-four percent of the children registered in the park
system are from Golden Gate Estates? That's a number I heard. Have
you heard that number?
MR. WILLIAMS: I have heard that number from a constituent.
Dave Farmer, who has got -- gave that information and said it out
loud, so yes, sir.
COMMISSIONER COLETTA: Let's talk about some needs.
Now, you haven't done a master plan, so I can't expect you to stack
Page 135
June 22,2010
one park up against another.
MR. WILLIAMS: Commissioner, it's like choosing, which of
your children do you love most? I mean, it -- you do have a need in
Golden Gate Estates, you do have a need in East Naples.
COMMISSIONER COLETTA: And I'm glad you brought it up,
because we were talking about, you know, the adopted child, the
stepchild. We got the abandoned baby out in Golden Gate Estates.
Max Hasse Park, if we may go to that. Right now Max Hasse
Park is so overcrowded, what did the fire marshal recently do?
MR. WILLIAMS: Well, we are working -- we do a lot of
childcare at that facility . We do after-school programming. We have
a strong summer recreation program there. There are some limitations
on the facility.
Department of Children and Family has some new space
limitations on the number of children that you can have in a spot. So
there are some concerns at that location, and we do need to add more
space.
COMMISSIONER COLETTA: Okay. Now, I was -- I'm sorry.
CHAIRMAN COYLE: Let me solve your problem for you if
you don't mind. Would you mind?
COMMISSIONER COLETTA: Go ahead, Commissioner.
CHAIRMAN COYLE: Commissioner Henning, you're going to
be next. But let me just suggest -- and I don't believe that either
Commissioner Halas or Commissioner Halas would object -- to
providing guidance to the staff. You're going to be developing a
master plan. Let's develop a master plan that will make these two
projects the two most important items in the master plan, and they will
be finished before anything else is done, and we can do them one-two.
If you've got enough money, you can do them simultaneous, but at
least those two items will be at the top of the list.
COMMISSIONER HALAS: I amend my motion to include that,
that we have one, two, but Fiala's number one and Coletta's number
Page 136
June 22, 2010
two.
COMMISSIONER COLETTA: Okay. I'm still--
COMMISSIONER FIALA: Or we can do it simultaneously.
Commissioner Coletta --
COMMISSIONER HALAS: Ifwe get rich.
COMMISSIONER FIALA: -- don't they have three schools
along Oil Well Road there?
COMMISSIONER COLETTA: Yes, we do.
COMMISSIONER FIALA: Okay. Do they have playgrounds?
Do they have ball fields there?
COMMISSIONER COLETTA: They got a small playground in
the back of the elementary, I've seen it before, but it's not available
after school hours.
COMMISSIONER FIALA: Well, you know, I'm sure our Parks
and Rec can work with them because that's what we've done over at
Avalon. We didn't have a ball field there either for many, many years,
and so we worked with Avalon so that the people could use it.
COMMISSIONER COLETTA: Yeah. Just one other question,
Barry, if I may. Can you give me an idea of how far apart the
community centers and pools are from Eagle Lakes that are available?
MR. WILLIAMS: Well, there's -- I don't have the data. I know
there's -- River Park has a pool, and that is on -- right off 10th Street in
the City of Naples. North Collier Regional Park, the swimming pool
there, I would say, is approximately 15 miles. YMCA Norris Center
has a pool on Livingston Road. I would say that's about eight miles
from East Naples. Of course, Immokalee we -- sports complex, we
have a pool there, and that's a good 35 miles, I would say.
COMMISSIONER COLETTA: Yeah, and community center -- I
mean, parks itself. In other words, the park itself with the fields and
what's -- the amenities that are there. Are there other ones in the
immediate area also?
So what I'm saying is, there's an overlap there when there's a total
Page 137
June 22, 2010
void out in Golden Gate Estates, a total void. That's my concern. We
were getting there. Commissioner Coyle was getting very close to
where we need to be, but all we did is just change the wording ever so
slightly to include number two as number two rather than running
them -- if we were talking about running them -- if we were running
them together at the same time, tandem, and balancing one against the
other to be able to get there, you know, I'm willing to accept that. I
really am. But I'm having a real problem.
And I mean, we're not even talking, Commissioner Henning,
about spending money that's today. I think everybody is in the fiscal
conservative mode at the moment and putting everything to one side
until that point in time we get going; am I correct?
Okay. So let's --
CHAIRMAN COYLE: That's where I am.
COMMISSIONER COLETTA: Right, okay. Let's go back and
let this motion run its thing. I hope the motion fails so we can have
something more balanced come out of it.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: Thank you.
I don't know why we're politicizing this topic. I mean, you're
going to have a census come out that you'll know where the
population is not and where it's stabilizing, and you'll know -- you'll
know the age group. Why are we making a decision now? It doesn't
make sense.
Let's pay our debt, okay, and do it under facts, not feelings, on
making a decision for the needs of the future. Is there anything wrong
with that? I guess there is.
CHAIRMAN COYLE: Okay. Commissioner Fiala or Halas?
COMMISSIONER HALAS: I'm done.
CHAIRMAN COYLE: You're done.
Commissioner Fiala?
COMMISSIONER FIALA: I'm done. I was going to respond to
Page 138
June 22, 2010
something that somebody said, but it's been so long ago, and I can't
even remember what it was anymore.
COMMISSIONER HALAS: I did get a second on the motion.
CHAIRMAN COYLE: You got a second on your original
motion.
COMMISSIONER HALAS: And then I -- and then I said we'll
COMMISSIONER FIALA: Oh, I know what it was.
COMMISSIONER HALAS: -- I will amend my motion that
Fiala's number one, and we'll take care of Coletta as number two, and
if we have the money available, we'll do both of them simultaneously,
providing we can get it done and not have to piecemeal everything
together.
COMMISSIONER FIALA: And let me throw in -- I
remembered. Eventually she remembers, right?
So your figures showed $2.5 million of impact fees that come in.
And you know, we don't know what's it's going to be. Hopefully it
stays that way. Well, that's more than we even need in the Eagle
Lakes Community Park, so you can take one year's impact fees right
there and get that community center started and get the designs and
plans drawn for the other parks so that when you finish this, the next
impact fees go right there, and that place will be ready to build, and it
should be working hand in hand, and you get both of them done.
(Applause.)
CHAIRMAN COYLE: Doesn't work that way.
COMMISSIONER HALAS: We don't have the impact fees.
COMMISSIONER FIALA: No, but when they start coming in.
COMMISSIONER HALAS: Oh, that might be down the road.
COMMISSIONER FIALA: We're not doing it now. We're
having to wait 'til the impact fees come in.
COMMISSIONER HALAS: Okay. That's basically what my
motion is.
Page 139
June 22, 2010
COMMISSIONER FIALA: Yes.
MR. WILLIAMS: Commissioners, if I may, I just -- if I can
offer you a solution, I'll try. I would suggest to you -- and I agree with
Commissioner Henning. I think that it's difficult -- to say who's one,
who's two is a tough call for you.
I think what you're saying is, let's keep the money in the pot, let's
wait and see what the future holds for us, and in terms of determining
need, I do feel like the master plan can be a resource to you. And if
we can bring back some of that data -- I'm not -- I can't tell you what
it's going to say, but certainly that will be some of what is looked
upon, and that will come back to you for a recommendation.
So that is expected to come back to you. The Growth
Management Plan has a stipulation that that planning process occur by
the end of the year, so it will be coming back to you relatively soon.
COMMISSIONER FIALA: So you're advising us, after we've
put the motion on the table, to not vote for that motion; is that what
you're saying?
MR. WILLIAMS: Well, I'm not sure --
COMMISSIONER FIALA: That's what you just said, and it
doesn't make me very happy.
MR. WILLIAMS: No, ma'am. Let me stand over here and be
quiet here. I'll just --
COMMISSIONER FIALA: Well, thanks a lot. Boy.
CHAIRMAN COYLE: Okay. Your light is off now,
Commissioner Fiala.
COMMISSIONER FIALA: And you should be blushing.
CHAIRMAN COYLE: Now, we have a motion on the floor, and
I'm going to call the motion to vote on it, but I am not going to do that
until I tell you what I think is the highest priority. The highest
property is the debt service. Parks and Recreations Department is the
only department that has to depend upon those impact fees for paying
your debt service. If you spend them on something else, we're going
Page 140
June 22, 2010
to have to take the money out of property tax or ad valorem.
COMMISSIONER FIALA: We already said that though. I
mean, you're lecturing us on that, but it's already -- we already said
that.
CHAIRMAN COYLE: Well, I'm going to say it again,
Commissioner Fiala, okay, because it's an important issue. We are
talking about expending funds today when we've got budget hearings
on Thursday to set a budget. It's the wrong time to have this
discussion. It should be held during the budget discussions. And we
have got to reach an agreement that makes sense here.
I am not going to vote to take money out of debt service funds to
put into a park. Not now. I would otherwise, but not now.
So we've got -- it seems to me that it's going to take
Commissioner Fiala's vote, Commissioner Halas' vote, and the vote of
somebody else to pass this motion.
So we can either reach an agreement that satisfies all of these
requirements, or we can have the motion go down in flames. So you
pick it.
But what I would suggest we do is to instruct staff to create a
master plan which puts these projects at the top of the list and that we
get them done as quickly as we possibly can with funds once we've
met the debt service requirements. End of story.
Okay. Commissioner Halas, go ahead.
COMMISSIONER HALAS: Yes. Commissioner Coyle, I hope
I didn't confuse the motion. What I said was that the 1.9 million needs
to be put in escrow; in other words, we're not going to spend it, okay?
CHAIRMAN COYLE: Yep, yep.
COMMISSIONER HALAS: And that Commissioner Fiala, with
all the work that she has done, that she becomes number one on the
priority list and Commissioner Coletta becomes number two. And at
such time --
COMMISSIONER HENNING: You're number two.
Page 141
June 22, 2010
COMMISSIONER COLETTA: I know.
COMMISSIONER HALAS: -- when -- at such time as we have
the money, if we, for some reason all of a sudden growth starts to take
off to where we have the impact fees, then we'll look at both
Commissioner Fiala and Commissioner Coletta's issues, and hopefully
maybe we can get them both done without being piecemeal, and that's
exactly the motion that I made. And it was not to spend any money
right now. It was to put that into escrow, okay? Not to spend it, and
that's exactly what the motion was. And if I need to have the motion
written (sic) back by the court reporter --
CHAIRMAN COYLE: No, that's exactly what it was. That's
exactly what it was, yeah.
COMMISSIONER HALAS: Okay. And so that's where we're
at.
CHAIRMAN COYLE: And Commissioner Coletta?
COMMISSIONER COLETTA: I think I understand the motion.
He just repeated it, so I don't need to say anything right now.
CHAIRMAN COYLE: Okay, okay. I'll call the motion.
All in favor of the motion as it currently stands, please signify by
.
saYIng aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: All those opposed, by like sign?
Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Okay. The motion fails.
Now, does somebody want to make a motion that deals with both
issues?
COMMISSIONER COLETTA: Yes.
COMMISSIONER HENNING: Yeah, let's go to the next item.
COMMISSIONER COLETTA: Well, could I make the motion?
Page 142
June 22,2010
CHAIRMAN COYLE: You may if you like.
COMMISSIONER COLETTA: That we follow staffs
recommendations and wait until the master plan comes back, and the
evaluation may be none of the two that we're talking about.
COMMISSIONER HENNING: Second.
COMMISSIONER COLETTA: Leave it totally up to that and
put this money into escrow to be able to put it aside for a rainy day in
case we need it to cover our debt service.
COMMISSIONER HENNING: That's a great motion.
COMMISSIONER COLETTA: Thank you.
CHAIRMAN COYLE: I hate being in this position. You know,
I can't support that. We have no idea what we're going to come up
with as far as priorities are concerned. We've already established the
fact that Commissioner Fiala's been working on this and it's long
overdue. We know that Commissioner Coletta's issues are along
overdue, and he needs some help. I'm not going to vote for a motion,
just so you know -- okay.
COMMISSIONER COLETTA: Then I withdraw my motion.
You make the motion.
CHAIRMAN COYLE: Okay. I make the motion that we
instruct the staff to come up with a master plan that recognizes the
importance of both of these projects, develop a plan to get them both
done as quickly as possible, but retain the money that is necessary for
debt service payments in your budget, okay?
MR.OCHS: Okay.
CHAIRMAN COYLE: And come back to us with a plan that
will get both of these parks developed as quickly as possible. And I'm
not suggesting that Manatee Park has to be completed at the same time
as Commissioner Fiala's project, because they're vastly different
projects.
Commissioner Fiala's project is not nearly as expensive as the
full project at Manatee Park, so --
Page 143
June 22,2010
COMMISSIONER COLETTA: I've got no problem with that.
COMMISSIONER FIALA: Corkscrew.
MR. WILLIAMS: Big Corkscrew Island Regional.
CHAIRMAN COYLE: I'm sorry, Corkscrew, yeah, yeah,
Corkscrew.
MR. WILLIAMS: Big Corkscrew.
CHAIRMAN COYLE: So that's my motion.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Okay. We've got a motion and a second.
All in favor, please signify by saying aye.
Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: So we're -- okay.
COMMISSIONER COLETTA: What do the Mexicans call this?
CHAIRMAN COYLE: Stand off.
COMMISSIONER FIALA: Well, it's a fair motion, as long -- I
guess there's nothing else we can do. I mean, you know, I don't believe
in voting against something that's fair. What's fair is fair. And if
we're just putting the money aside and then we're going to be looking
at it, I can vote for that, as long as it's fair. I just don't like getting
stabbed in the back again.
CHAIRMAN COYLE: It just -- it doesn't mean that you don't
get it. You can't be stalled any longer. When the money is available,
you're going to get started on your park.
COMMISSIONER FIALA: Yeah, you watch and see.
COMMISSIONER HALAS: Okay. Then I'll vote yes -- then I'll
vote yes with that, but I just want to make sure that all the hard work
that that commissioner has done in that district, she gets recognized
for all the hard work she's put in.
COMMISSIONER COLETTA: We do that. We recognize her.
CHAIRMAN COYLE: We've all done hard work in our district.
COMMISSIONER HALAS: Well, with regards to this park.
Page 144
June 22, 2010
CHAIRMAN COYLE: Yes, yes. But--
COMMISSIONER HALAS: Okay. So that -- when we do get
financially solvent that we can go ahead and move forward on this.
MR.OCHS: Commissioners, if you'd let us go forward with that
motion and get to work on this master plan, we'll work very hard to
make both of those projects a reality as quickly as we can. That's the
best I can offer you right now, Commission.
CHAIRMAN COYLE: Okay. Debt service is the first priority.
MR. OCHS: Yes, sir, nonnegotiable.
CHAIRMAN COYLE: All right. Okay. We better -- we better
redo this vote, because it was sort of a sequential vote.
All in favor of the vote -- of the motion that I made, please
signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Okay. All opposed, by like sign?
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Okay. It passes 4-1, with Commissioner
Henning in opposition.
Okay. Thank you.
MR.OCHS: Sir, are you going to take any break this afternoon
for the court reporter?
CHAIRMAN COYLE: I'm not sure.
Okay . Yes. We're going to take a break. It will be -- we'll be
back here at 2: 55, and I would like to make an announcement. I have
to leave at 4:30 this afternoon.
COMMISSIONER HENNING: Me, too.
CHAIRMAN COYLE: So, Commissioner -- well,
Commissioner Henning's leaving at 4:30. So we'll leave the rest of
that with you at that point in time, and we will take up the Jackson
Page 145
June 22, 2010
Labs project status report immediately upon our return, okay?
COMMISSIONER HALAS: Yep.
(A brief recess was had.)
Item #9C
STATUS REPORT ON THE JACKSON LABS PROJECT-
DISCUSSED
CHAIRMAN COYLE: Ladies and gentlemen, the Board of
County Commissioners' meeting is now in session, and I am going to
provide the report you've all been waiting for today. There will be no
decision, no vote. It's merely a status report. And I'm going to tell you
where we are at the present point in time.
I won't go back and rehash old history about how we got to
where we are. But you will recall that the state has approved the
allocation of $50 million, with another $80 million to be paid over
subsequent years, for the purpose of attracting Jackson Laboratories to
Collier County to become part of a business, high-tech biomedical
cluster of businesses in Eastern Collier County. If -- most of you have
read that that money is subject to certain federal allocations to the
State of Florida.
Just this past week the House of Representatives failed to
approve that allocation to the State of Florida, but the bill will go to
the Senate. I have talked with Senator Pruitt who has been fairly close
to this process, and he is of the opinion that that is not a serious issue
with respect to the funding, that the Senate will approve the funding
and the House will subsequently also approve it, and the state then
will be in a position to release money for Jackson Labs -- the Jackson
Labs project.
The -- as far as Collier County is concerned, there is not much we
can do until the contract and the commitment from the state is
Page 146
June 22, 2010
finalized. And Jackson Labs is working on that at the present time.
There are many parties involved in the negotiations, and it is not
possible for us or anyone else to completely control that process. It
will have to go through the process it goes through.
But certainly the thing that we are doing at Collier County is
we're trying to validate the economic model. Does the economic
forecast that was presented to us at the beginning of this project still
hold true today? What additional companies have expressed an
interest in locating here? You've probably already read that Edison
College is planning a charter school on that site.
But I will tell you this: There is nobody involved in this
discussion or evaluation that believes that Jackson Labs is the only
organization to be part of this business group. There is no one who
believes that state and local money would be allocated if Jackson Labs
were the only organization to be located here, nor will Jackson Labs
locate here if they're going to be the only ones to locate here.
It is much bigger than Jackson Labs. It's not 200 jobs. It's
thousands of jobs. And it is a concept that has proven successful in
other parts of the state already, and I have seen it with my own eyes.
So we are in the process of completing an economic appraisal,
taking into consideration not only what Jackson Labs will bring here,
but what all of the other businesses will likely bring to us, and
determining whether or not the investment is worth the money.
So we're involved in that process. No conclusion has been drawn
at the present time. We expect to hear from several other
organizations about their intent to join Jackson Labs here. One is a
university. It is expected that they might wish to establish a medical
school here. We would expect a hospital, a specialty hospital, to be
established on this -- this high-tech park. And so there are a number
of businesses that have already expressed interest in locating here.
We're going to see how serious they are. We're going to try to get
them to sign letters of intent, and we will decide what the
Page 147
June 22, 2010
commitments of those people are going to be.
Now, let's get back to the Jackson Labs issue very briefly.
Jackson Labs has committed to bringing 200 jobs to Collier County
within the next ten years and spending $340 million of their own
money here in Collier County over that same period of time.
Now, we have to make -- if we're going to do this at all, we have
to match the state grant of $130 million. We've looked at various
ways to do that. We have looked at sales taxes. We can certainly do
that with sales taxes with a very small increase. The advantage of
sales taxes is it spreads the tax over a broader population. We don't
want to saddle just property owners with any -- with the costs of this
effort, and sales tax does spread it across tourists as well as others.
The problem with that is that sales tax revenues are generally
restricted to government infrastructure, so there might not be an
opportunity to even do that.
The other thing we have talked about is the utility franchise fee.
We don't have a utility franchise fee. Every other county in Florida --
almost every other county in Florida has one -- and we've thought
about some nominal utility franchise fee. The problem with that is it
only covers the unincorporated portion of Collier County. It doesn't
affect the municipalities who already have a fairly high utility
franchise fee. That's unfair to saddle the unincorporated areas with
that burden.
So we've also looked at a very small increase in ad valorem
property taxes. And we're -- we have not yet decided whether any of
those or any combination of those will create the right formula to
make sure that no one is burdened with an unacceptable cost for the
potential return that we might expect.
Preliminary indications are that, perhaps, perhaps, $60 a year per
household might be the cost. Not a lot. I see a lot of signs that say no
new taxes. Well, you know, you might be surprised to find that many
of you will get a tax decrease this next year of 12 percent because
Page 148
June 22, 2010
property values are going down, and we are -- the Board of County
Commissioners, I hope, is going to try to keep the millage rate where
it was last year despite that major decline in tax revenues. So we'll
hopefully be able to allow you to take advantage of that decrease in
taxes next year.
Now, that has come as a result of some very difficult budget
decisions made in Collier County. Our staff has been reduced by about
22 percent. We have saved large amounts of money. Considering the
2011 proposed budget, we will have trimmed about 410 or -20 million
dollars off the county budget just within the past three or four years.
So we have made major cuts, we've tried to improve efficiency, and
we're trying to hold your taxes down as far as possible.
But if there is an investment that is justified in Collier County to
help diversify our economy and to present people with more jobs,
higher paying jobs, we certainly would like to find a way to
accomplish that goal.
N ow finally, there is no contract, there is no agreement between
the county and Jackson Labs of any kind whatsoever, nor will there
likely be one anytime within the next 30 to 45 days.
It is way, way too early for anybody -- you, or me -- to develop
an opinion on this project. You do not know what the potential
rewards are, nor do I. You do not know what the costs are, nor do I,
yet. We will have a formal presentation of our conclusions probably
on July the 27th.
So for those of you who have already closed your minds, I would
say to you that you're not requiring of yourself what you require of us,
which is to get the facts, analyze the facts, before you reach a
conclusion, and you do not have the facts, those of you holding your
signs, okay. If you have the facts, please tell us today what the facts
are, because I'm going to ask you that question.
So I've said it before, we need to diversify our economy here, and
just saying no is not an acceptable answer. Now, we have a lot of--
Page 149
June 22, 2010
and that pretty much concludes my status report.
We have a lot of speakers here. If we take them all individually,
we'll be here a long time this afternoon, and I'm leaving at 4:30
because of another commitment.
I would like to know what everybody has to say about this,
although I can read signs. But I would like to know if we can do this
in a more efficient way. How many of you are from Arthrex? Let me
see your hands, okay. Very large, if not -- well, most, if not all.
Is there a spokesperson here, who can speak on your behalf, or
are each of you going to insist on coming up and telling us you're
opposed to this project without having the information to draw that
conclusion? Is there a --
MR. HOOVER: Commissioner Coyle?
CHAIRMAN COYLE: Yes.
MR. HOOVER: I'm Tim Hoover. I'm the Group Product
Manager, knee and hip products, of Arthrex.
CHAIRMAN COYLE: Yes.
MR. HOOVER: Actually, sir--
COMMISSIONER FIALA: He has to come to a microphone.
CHAIRMAN COYLE: You've got to come to the microphone,
please.
MR. HOOVER: My apologies.
CHAIRMAN COYLE: And your name again, please.
MR. HOOVER: Timothy Hoover, H-O-O-V-E-R.
COMMISSIONER HALAS: Wait 'til he gets here.
CHAIRMAN COYLE: Okay. H-O-O-V-E-R.
MR. HOOVER: Like the vacuum.
CHAIRMAN COYLE: Okay, Hoover, okay. Are you
registered, Tim?
MR. HOOVER: Yes, I am, sir.
CHAIRMAN COYLE: Okay.
MR. HOOVER: And I actually -- I come here today not
Page 150
June 22, 2010
representing my company, but I come representing my three children.
I'm a single parent in North Naples. They attend public school at
Collier County right now.
So when you talk about -- and I read the newspapers, and I
appreciate the fact that you talk about, we need to know the facts.
Based on the few facts that I know, there may be a big tax increase.
And if it's a -- $500, whatever that amount is, when I see something
like that, that gets my attention because, again, I'm a single parent.
So when I come to you today, I've got my own opinions,
although I don't know all the facts, about how I'd like to see Collier
County grow and diversify. I applaud the fact that everybody here
works hard to get this county to where we need to be. We can't subsist
on tourism for the rest of our existence. And there's wonderful land
out at Ave Maria. I agree with that, too.
My issue is, Jackson Labs is a medical research company and
traditionally subsists on either investor money, or else they subsist on
tax dollars. And for me, my opinion is, a research company is an
economic sinkhole.
And I applaud diversifying the economy in North Naples and in
Collier County and in Immokalee; however, I'd like to see us attract a
medical company, and I'm not talking just Arthrex -- attract another
medical company from out of the city, out of the state, as a matter of
fact, that has a predictable revenue stream right now where I feel that
my tax dollars are going to something that has a predictable,
foreseeable future, as opposed to a research company where you hope
to get the home run, you hope to cure cancer or something like that.
So I'd like -- I'd be more confident in my tax dollars going toward
a company with a proven track record of long-term success, a
for-profit company, versus a research company that has hope to try to
get to that same level.
CHAIRMAN COYLE: Okay. Appreciate your comments. Are
you --
Page 151
June 22, 2010
(Applause.)
CHAIRMAN COYLE: Is that pretty much the message you
want to deliver for the entire group here?
MR. HOOVER: I risk representing everybody else, but yes.
CHAIRMAN COYLE: Yeah, okay. Then if you will permit me
to take a few minutes --
MR. HOOVER: Please do.
CHAIRMAN COYLE: -- I might be able to make you feel more
comfortable, but I'd like for you to make me feel a little more
comfortable.
MR. HOOVER: Sure.
CHAIRMAN COYLE: Am I going to have to sit here and wait
for 29 people to tell me the same thing?
MR. HOOVER: I don't think so.
CHAIRMAN COYLE: Okay.
MR. HOOVER: Guys? Okay. I can make you feel more
comfortable.
CHAIRMAN COYLE: Okay, okay. Let me try to -- try to
clarify some things. This is not going to be $500 for you for a -- it
might be $60 a year for you, okay?
MR. HOOVER: Understood, understood.
CHAIRMAN COYLE: If $60 a year for you would create a
more balanced economy and better opportunities for your children, an
opportunity for schoolchildren to go to a charter school who have an
interest in science and research, who then could go to a graduate
school from a major university that would be here and become
research scientists or scientists of any kind so that we could keep our
young people here in Collier County, that's one of the things we're
hoping to do. Whether or not it can be done by Jackson Labs is an
issue that we must determine over the next several weeks.
As I said, we would never, under any circumstances, consider
spending $130 million to generate 200 jobs. I've talked to your
Page 152
June 22, 2010
company's president and I have said, look, if your company wants to
expand here in Collier County, let's get together and talk about that. I
have attempted to set up a schedule for that kind of a discussion, and I
hope we will be able to do that.
So we're anxious to do that with any company that is interested in
expanding and diversifying our economy.
But -- now, let me -- let me tell you that I just spent last Friday
up in Orlando at the Burnham Institute. And why it's called the
Burnham Institute, I don't understand because they're probably the
smallest organization in the group -- but there is a V A hospital, there's
a Nemours Children's Hospital, there is a university there with a
medical school and degree programs. They're all nonprofit. Every
single company located there is nonprofit. And what have they done?
In three years they've generated $5.2 billion of economic impact for
the Orlando area. They have attracted 5,000 new jobs, and they're not
even built up yet.
Now, it just simply isn't true that nonprofit organizations don't
make money for the people. If you -- and it doesn't -- it's not true that
it's bad for the government to spend money attracting people who will
diversify and build an economy. If you believe the government
shouldn't do that, then you believe we should not have any airports,
and there would be no airplanes flying us from place to place.
If you believe that the government shouldn't build facilities for
private businesses, then we shouldn't have any ports for ships to come
in and onload or offload their products.
If you believe the government shouldn't provide incentives for
companies, you would believe that it was a mistake for the federal
government to grant railroads rights-of-way into the western part of
our country. They gave them money. They gave them land so that we
could open up the west for development.
It is a common method of planting a seed that will grow into
successful businesses and economies in the future. Whether that will
Page 153
June 22, 2010
happen with this project, no one can say yet, but I -- it certainly, I
think, is the feeling of this commission that we're going to take a close
look at it, and we want to get letters of intent from other organizations
so we can try to validate some of these hopes that we have.
Now, I would also say to you -- and I don't want to take too long
and bore you with this, but the things Jackson Labs and other research
organizations do are exceptional, and they have an effect. They will
have an effect the day they arrive. We're not talking about something
that gets developed or invented 20 years from now after going through
extensive clinical trials.
There are children today who have lived productive lives who
had very serious diseases when they were newborns, a disease called
PKU, which is a very, very serious disease for small children. In the
past they would not have lived past the age of three or four years.
Because of genetic research, drugs were devised that permit those
children to live much longer, and just recently one of those children
graduated as a research scientist and she is working on continued
cures for the disease she suffers with.
The minute that Jackson Labs comes here and people have a
DNA profile -- which by the way is going to be so inexpensive that
everybody in this room can do it soon. It hasn't been true in the past
because it was so expensive, but it will be down in the hundreds of
dollars, couple of hundred dollars, perhaps. And when that DNA
profile becomes a common part of your medical file, it immediately
lets your doctor begin treatments for you which are either preventive
or therapeutic. If you have a predisposition to breast cancer, to lung
cancer, or to other things, the doctor can tell you, here's a lifestyle you
ought to follow so that you minimize your chances of catching --
getting these diseases.
If you already have it, here's the treatment program, and we can
catch it early because we have the genetic profile that tells us that
you've got a predisposition to doing these things. So immediately
Page 154
June 22, 2010
clinics open up to provide personal -- personalized medical care.
So -- and let's take it down a notch or two before that. We're
going to have to build buildings. We're going to hire people in the
construction business. Those office buildings are going to get created;
we're going to have research companies come in there. They're going
to have employees and children, and the employees are going to need
housing, so there'll be housing developed there. And oh, by the way,
there's going to be commercial stores that have to be developed to
service those people. And so those things will continue to grow.
And so that's the kind of economic activity that we expect, and
that's how you as the community get paid back for that original
investment.
And we think -- we know this model works. We've seen it, and
I've seen it all over the United States. I've seen it work. We just need
to make sure we make the right decisions about this model and these --
this group of companies.
So that's what we're trying to do. I don't know if that makes you
feel more comfortable about it, but --
MR. HOOVER: No. I completely support what you said as far
as making the right decision on this specific use --
CHAIRMAN COYLE: Yes, yes.
MR. H 00 VER: -- because if Jackson Labs -- and they're all
around the country. If they've been around the country and Jackson
Labs' impact has spawned other massive biomedical parks around the
country, I need to know that and be aware of it. If they haven't, that
might be a red flag against this specific case for this specific solution,
like you so aptly put.
CHAIRMAN COYLE: Yeah.
MR. HOOVER: But forgive me, I like Commissioner Fiala's
thoughts on the zoo issue, let's put it up for referendum. I think this is
big enough where the people of Collier County want to speak and be
heard.
Page 155
June 22, 2010
CHAIRMAN COYLE: All right. That's -- there's no point in
even talking about that until we decide whether or not it's something
that we think is useful.
MR. HOOVER: Very good.
CHAIRMAN COYLE: But by the way, the Jackson Labs staff
has contributed to, I believe it's 18 or 21, Nobel prizes. So they've
done some good work. And because they're a not-for-profit
organization, they share their work with other people who can then
build upon it, and that's true all of these people who are doing this
throughout the State of Florida, because Florida is becoming a state
where these kind of biomedical centers are being established, just like
Silicon Valley in California. That's the hope that we have here. So
nevertheless, that's --
MR. HOOVER: Very good.
CHAIRMAN COYLE: I've told you more than I know.
MR. HOOVER: That's good information. I appreciate your
time, and thanks for hearing me.
CHAIRMAN COYLE: All right. Thank you, Tim. Appreciate
it.
Now, who else wants to speak? Okay. We have one person.
MR.OCHS: Two.
CHAIRMAN COYLE: Two people, three, four, five, six. Okay,
I'm leaving. Are you registered? What's your name?
MR. FLANAGAN: Yes.
CHAIRMAN COYLE: What's your name?
MR. FLANAGAN: My name's Jim Flanagan. I live at 280 22nd
Ave. Northeast in Golden Gate Estates.
Jackson Labs came and visited the civic association last week. I
applaud everything Jackson Labs does. Their business plan is to come
to Collier County and spend $260 million to develop their research
facility .
What I don't know and what I'm looking for from my County
Page 156
June 22, 2010
Commissioners is, what is that vision beyond that? Where does that 2
-- $130 million of Collier County money get invested, and the balance
get returned to the citizens of Collier County? Not only that, the way
-- and all we can do is read what we see in the papers. That's all the
information that we have and what Jackson Lab is promoting. They're
promoting themselves. And fine, that's -- I hope they do succeed in
their enterprise.
But for Collier County, we have no sense of what your vision is,
okay. We have no sense of what your business plan is, and at this
point it appears to be on the backs of the Collier County taxpayer. As
such, I would hope that there is a private partnership to be involved in
this to develop this project, not only this project, but this concept and
this diversification of the economy.
I really think that needs to be spelled out before we go down the
road, because at this point you said the conclusions were going to be
made July 27th, and that corresponds with the tax setting, or the
millage setting.
CHAIRMAN COYLE: There's a good reason for that, that's
right.
MR. FLANAGAN: And I think the taxpayer, and my concern,
living on the edge here, we need to know where this is going and what
it means, not only for the Jackson Labs picture for the $260 million
that comes out of the taxpayers' pocket, but what is the vision beyond
and what is the need and the benefit and the demand beyond that, and
what are the contingencies, should they fail?
CHAIRMAN COYLE: And that's just what I described, okay?
As soon as we get the facts, you'll get them. It's like, you know,
you've heard us saying that watching legislation get crafted is a lot like
watching sausage being made. It's not pretty.
Well, you're getting little whiffs and glimpses of the sausage as
we're making it, but we're going to try to pull all the facts together and
present a cohesive plan before we ever vote on this.
Page 157
June 22, 2010
MR. FLANAGAN: And I guess what I'm asking for is the
details and time and money and the investment of the taxpayer and the
bigger picture of the project down the road.
CHAIRMAN COYLE: That's exactly what we intend to deliver,
yeah.
Who was next? Georgia Hiller, no. Strike her name off the list,
will you? Wait a minute -- how many -- tell me -- all right. Read the
whole list of names and let's find out who is going to speak and who
isn't going to speak.
MR. MITCHELL: Larry Basik.
CHAIRMAN COYLE: Is he here?
(No response.)
MR. MITCHELL: Anthony Abbate? Mike Reagen? K.P.
Peteshkan (sic)?
COMMISSIONER FIALA: That's K.P. Pezeshkan.
MR. MITCHELL: William Knab.
CHAIRMAN COYLE: Who?
MR. MITCHELL: William Knab?
CHAIRMAN COYLE: Okay. He's not here.
MR. MITCHELL: Gary Price.
MR. PRICE: Thirty seconds.
CHAIRMAN COYLE: He's going to speak?
MR. PRICE: Thirty seconds, sir.
CHAIRMAN COYLE: Okay. Then let's call Gary Price right
now.
MR. PRICE: Thank you, sir. I'll be very brief.
It's easier to say no and go on to the next case. I fail to see how
we change this economy without designing one -- creating an
economy by design, not by default.
I refuse to stand around and wait for things to get better and hope
that we can create jobs and recover from this horrible economy.
I'm not sure about the economic model -- I don't have enough
Page 158
June 22,2010
information. I don't think you do -- to know if the numbers make
sense. I can tell you as a beneficiary of medical research personally
that it means an awful lot.
And I think that when we look at these types of opportunities,
these are the kind of things that change our economy forever, change
our county forever, and I think it's worthwhile for you to spend the
time to make sure the numbers make sense, and I know you will.
Failure's not an option, and sitting around waiting for things to
get better is not an option either.
And so I applaud your efforts and look forward to supporting
your efforts in creating sound economic investment in our future and
in Jackson Labs.
CHAIRMAN COYLE: Thank you, Gary. And would you turn
that sign around so it's not --
MR. PRICE: That's not my sign.
CHAIRMAN COYLE: Okay. Well, see, I wasn't sure about
that, but now I'm sure, Gary. Thank you.
MR. MITCHELL: Bob Mulhere? William Dempsey? Rainey
Norins?
MR. DEMPSTEY: He took the words out of my mouth, so I'll
.
waIve.
MR. MITCHELL: Rainey Norins?
CHAIRMAN COYLE: She's passing.
MR. MITCHELL: Dr. Leslie Norins?
DR. NORINS: Pass.
CHAIRMAN COYLE: He passed.
MR. MITCHELL: Marci Seamples?
CHAIRMAN COYLE: She spoke earlier today, didn't she?
COMMISSIONER FIALA: Uh-uh, but she's gone.
MR. MITCHELL: Tammie Nemecek?
CHAIRMAN COYLE: Well, you just called earlier, K.P.
Pezeshkan, okay. He's here and he would like to speak.
Page 159
June 22, 2010
MR. MITCHELL: Okay.
CHAIRMAN COYLE: So why don't we bring him up to the
microphone, followed by Tammie Nemecek.
MR. PEZESHKAN: Thank you, Chairman.
I've lived in Collier County since I was nine years old. I'm 41
now. I've grown up in the construction industry basically all my life.
And you summed it up, a lot of people have mentioned that. But this
job to the construction industry will mean a lot.
And again, it's not about just one project. You know, this job will
last 12 months, 14 months under construction, and that's not what it's
all about.
Permits are down. Nothing's going on in Collier County. It's
very slow, but this job could be a catalyst to ten, 15, 20 years of
construction, putting 600 to 1,000 workers on the site on an annual
basis, not to mention all the other things that are happening from
delivery trucks and maintenance after the job's done.
So to my industry, it means a whole lot, and I appreciate the
vision that you guys have for this.
CHAIRMAN COYLE: Thank you very much.
MS. NEMECEK: Good afternoon. Thank you, Mr. Chairman.
Tammie Nemecek, President of the Economic Development Council
of Collier County.
We've worked for a very long time together. Been with the EDC
16 years and have seen lots of businesses over that time period in the
community both stay here and grow, as well as ones leave, ones who
wanted to come here and did and ones who wanted to come here and
didn't, and there are a variety of reasons for that, and many of them
personal, some of them perceptions, some of them reality.
At the end of the day, we have a decision to make, and we've
gone throughout, quite frankly, the United States and looked at best
practices, talked to a lot of those individuals, worked together to
decide what is good for this community, what is uniquely Collier
Page 160
June 22, 2010
County .
This community is built on quality, quality people and quality
companies. And we all want what's best for Collier County, and I
applaud you for your leadership in wanting to look forward and not
just worry about the tyranny of the present crisis, but look long-term at
this community and the sustainability for our children and
grandchildren.
Clustering does work. We've seen that. We had a forum last
night at Naples Daily News that explained how that worked. We also
heard from several people that talked about it, that it's not an easy
endeavor. It is a difficult -- and long, hard work by community
leaders who make a decision, a deliberate decision, that status quo is
just not what is acceptable for the community over the long term.
Research Triangle was a key example that was pointed out last
night, and the transformation that that community decided to make, an
investment in research universities, private sector, public sector,
nonprofit, but the community did come together and say that this is
what we want, and this is how we want to work together to achieve it,
and it is a decision. It's a thoughtful decision that we will all make
together.
My hope is, is that we will make it together, working together,
rather than working against each other and trying to destroy ideas, but
rather bring forward positive ideas that we can rally behind and say
yes and, yes and, not yeah, but. Thank you.
CHAIRMAN COYLE: Thank you.
MR. MITCHELL: Joe Hennessy. Bill Poteet.
CHAIRMAN COYLE: I think Mr. Hennessy is coming up to
speak.
MR. MITCHELL: Okay.
MR. HENNESSY: I thank you very much for the opportunity to
be here. My name is Joe Hennessy. I've been a resident of Naples for
about 20 years, and for about 15 of those years I've been the president
Page 161
June 22, 2010
of the Naples Pro-life Council. And my remarks basically have no
fiscal impact at all.
Each time there's a story from this Jackson Labs project, we have
a discussion at the pro-life office. We've also gotten feedback from
around the country from different pro-life people.
There are four basic websites which I didn't write down but I
think are very easy to remember. Of course, when the Jackson project
started, I think Ave Maria was quoted the most. Ave Maria has a
website, and people interested in how they feel about this project can
go back and review that.
Secondly, the Jackson Labs also has a website, and people very
easily can go on there. And the format seems to be questions and
answers on the -- on what they do and what they stand for.
A very pro-life veteran, a woman named Ms. Randi Angle, has
been in touch with us quite frequently, and she was the one who
suggested that perhaps there was some issues with Jackson Labs that
were of pro-life concern.
Is this my time, by the way?
CHAIRMAN COYLE: You have about 30 seconds left.
MR. HENNESSY: This says 53.
CHAIRMAN COYLE: Well, I'll tell you what we'll do. We'll
split the difference.
MR. HENNESSY: I'm here -- and the fourth website, of course,
you've heard of A vewatch.com, specifically for Jackson Labs. At
different meetings they've been asked point-blank, what is your stand
on embryonic stem cell research. Now, embryonic stem cell research
is research where you kill embryos to make use of their stem cells. It's
not the same as adult stem cell research, which has developed
wonderful results, as many people have said.
And in answering specifically what their position is on
embryonic stem cell research and also even just looking at their
website, it seems that rather than say no that they do not do it, they say
Page 162
June 22, 2010
other things. Thank you.
CHAIRMAN COYLE: Thank you.
MR. MITCHELL: Bill Poteet?
MR. POTEET: For the record, my name is Bill Poteet. I'm here
representing the Naples Area Board of Realtors. The Board of
Realtors thoroughly endorses this project for trying to bring in Jackson
Labs. We understand there's the 130 million price tag. And there's
never a good time to spend $130 million, whether it's today, last year,
or ten years from now.
But the importance of those to our community is that we need to
diversify. As any industry out there, the construction industry and the
real estate industry, we know that we cannot carry the entire load for
this economy forever. It has to be split among a bunch of different
industries out there. So we encourage this type of activity and
discussion within our community.
Now, how we're going to raise the money, that's a whole different
issue, and we'll address that at another time when you bring back your
plan.
But on a personal note, I want to talk about my children. I have
two boys. One of them's very, very active in science. I mean, he's got
A's in it, loves it. But if he was to graduate from the Naples school
system, like most kids do in Collier ~ounty, and then go off to the
university and then look for ajob, it would not be in Collier County,
not in that type -- that type of science. We just don't offer those things
for our kids.
If you look statistically, more of our children move out of this
county than stay in this county. And the only way we're going to ever
have our kids stay with us -- and that's what most parents want to see
in our community -- is to actually come and diversify our economy to
produce those jobs in our economy where our kids can come back and
work and make a good income.
Thank you.
Page 163
June 22,2010
CHAIRMAN COYLE: Thank you, Bill.
MR. MITCHELL: Bill O'Neill?
Georgia Hiller?
CHAIRMAN COYLE: No, skip that one.
MR. MITCHELL: Okay. Duane Billington? Oh.
MS. HILLER: He doesn't love me. I thought he was my
boyfriend. I'm not feeling the love.
CHAIRMAN COYLE: You can do this in tandem if you'd like.
MS. HILLER: Actually I'm going to -- I want to stand over
there.
Good afternoon, Commissioners. Georgia Hiller, candidate for
County Commission, Second District.
Commissioner Coyle, you said you're waiting on the facts. What
facts are you waiting on? We want the transparency.
Once we have the information, we will be able to formulate a
position, but we've had public forum after public forum, all one sided.
There has been no public debate. We want to see public debate. We
want to see both sides of the equation presented.
Commissioner Coy Ie --
(Applause.)
MS. HILLER: Commissioner Coyle, over the last few years,
we've lost 250 jobs. We lost Hellermann Tyton, 150 jobs, we lost
Shaw, 100 jobs. Alginol went to Lee instead of Collier County.
FGCU went to Lee instead of Collier County . We lost Cleveland
Clinic.
We had opportunities for economic diversification. We did not
succeed. We can't fail again.
There should be a referendum on this. Commissioner Coy Ie made
a very good point. He said, whenever there are controversial issues, it
should be put to the ballot. This is a controversial issue. Proposing
$130 million of tax funding to support private enterprises, whether or
not -- private enterprise, whether it's a nonprofit or a for-profit, is a
Page 164
June 22, 2010
very significant debate.
If it's good enough for the zoo, it's good enough for this issue.
This should be on the ballot.
(Applause.)
MS. HILLER: And furthermore, what about competition? I
have never heard of a public entity giving public funds without
competition, without proposals being presented as to how the
contender for those public funds will provide the greatest return on the
investment of those public dollars back to the people. That hasn't
happened.
We need to see competition. Open this up for bid. Let other
companies from around the country compete. What about
Sloan-Kettering? What about other companies that are local that
could be bidding for those dollars that could produce those jobs now?
And yes, all of that would further construction in Collier County.
I listened to K.P. Pezeshkan. He's absolutely right. We need to do
whatever we can to stimulate the construction industry. Let the best
company win these public funds if any public funds are to be let.
(Applause.)
MS. HILLER: But to that end, what I would propose is that there
should be economic incentives, not economic subsidies. We are not
the federal government, Commissioner Coyle. We cannot print
money. If this is going to be funded, it's going to come from the
taxpayers, and they have been tapped to the max.
No new taxes. Thank you.
(Applause.)
MR. MITCHELL: Duane Billington?
MR. BILLINGTON: For the record, again, my name is Duane
Billington.
The Productivity Committee has asked for more time, and
rightfully so, in order to properly vet this. There's a whole lot of
unknowns out there, and I echo Commissioner Coyle's statements in
Page 165
June 22, 2010
recognizing that.
There's also a lot of uncertainty. We know the state has
committed $50 million, but the $80 million balance they have not
approved. They say, yeah, we're going to do it. Well, maybe yes,
maybe no. Unless we have some kind of guaranteed commitment
from the state, we might be getting into something here where, on
down the road we're dealing with a situation that's too big to fail, and
we're going to have to dip into our local tax dollars some more. I don't
want to see that happen.
I welcome Jackson Labs to come to Collier County, but I don't
think we ought to be taking unnecessary risks to do this.
Earlier today, four commissioners were talking about putting
something to a vote. Commissioner Halas was one of them. Well, in
a prior Productivity Committee meeting, he asked the members of that
committee to find a way to fund this without it going in front of the
public because he thought the public wouldn't pass it.
Well, that's an astonishing statement to make. This should go in
front of people. This thing is being pushed too hard by some
individuals, and most of it so far is puffery. We have not seen any
solid evidence that this is going to work.
Thank you.
(Applause.)
MR. MITCHELL: Michele McKenney.
MS. McKENNEY: I'll pass for now.
MR. MITCHELL: Ed Morton? Patricia Bucalo?
MS. BUCALO: Good afternoon. My name is Patricia Bucalo.
I've been a resident of Collier County for about 16 years.
Commissioners, I applaud your interest in diversifying the
economy in Collier County; it needs it desperately. I applaud your
interest in supporting medical research; it is one of the most
magnificent things we do in the United States of America. We're the
best at it in the world.
Page 166
June 22,2010
But I'm here to raise a moral objection to Jackson Laboratories
itself and to the use of our tax dollars in support of it specifically
because it is clear from its own website, its own statements and
publications and promotional materials, that it is intensely supportive
of human embryonic stem cell research, has provided a number of
services and products in support of that that have necessarily involved
the destruction of human embryos, and it has refused to commit to not
doing its own corporate human embryonic stem cell research when the
time is right.
So I believe I speak for many who have a moral objection to our
spending tax dollars in support of this particular life-destructive
activity .
If it's appropriate for this commission and for Collier County to
spend public monies in support of seeding a biomedical park like this,
please, seek out another entity that is not morally objectionable as
Jackson Laboratories is.
Thank you.
(Applause.)
MR. MITCHELL: Michael Mogil? Tim Nance?
MR. NANCE: Yes, Tim Nance. Mr. Chairman, members of the
commission, I want to speak a little bit for people out in the eastern
part of Golden Gate Estates that can't come here today and speak for
themselves, and that is the many people that have suffered with
foreclosures and through the economic crisis that continues to worsen.
We have had almost 20,000 foreclosures in Collier County since
the recession began, and in that period of time we continue to have
somewhere between 5- and 600 either foreclosures, short sales, lis
pendens status of properties or whatnot, each month.
In 2006 if I would have made a public petition before the
commission and said -- pointed out to you that 500 people had lost
their homes in Collier County and were forced out of their homes, it
would have created a scandal. To date we've had that happen each
Page 167
June 22, 2010
month for 30 consecutive months.
I hope that throughout your consideration for the funding for
many notable things that are coming up that you will consider the
impact going forward on people that are sitting on the edge.
There are a lot of people that are going to be make -- very soon
going to be making decisions whether they're going to do a strategic
default or not, whether they're going to leave Collier County, and
every little thing's going to push them over the edge.
You can stand in a swimming pool and I can fill it a gallon at a
time and then ask you which gallon drowned you?
But if we look at additional taxes for projects, no matter how
noble, whether it be the zoo or the Children's Charity Trust or that we
have to give more money for FEMA mandatory flood insurance or for
an increase in millage of taxes, whether it be for ad valorem tax
dollars for the county or for schools, the cost continues to mount for
Collier County taxpayers, and it is throwing them out of their homes
every day. Please consider that when you go forward.
I hope in the Jackson Labs project you will examine the
examples that you've mentioned such as Burnham and Scripps and the
other six counties in Florida and the great strides they've made and
answer this one question for me, and then perhaps I'll be satisfied; how
does Collier County complete against Burnham and Orange County
when they have a population of three million people, they're together
with the University of Florida -- University of Central Florida, the
federal government through the V A hospital? How do we place
Jackson Laboratories at a remote location in Collier County and
compete with that?
I hope your analysis will include solutions to the problems that
we face going forward on this program. Thank you.
(Applause.)
MR. MITCHELL: John Schelter?
MS. SCHEL TER: Hello. I just have a couple things to say. A
Page 168
June 22, 2010
few of them -- first of all, I just -- I want to thank you guys for
actually taking the time to think about diversifying our economy. I
think that biomedical clustering is real. I think it exists around the
country. I think it exists around the world, but I don't think it exists in
the absence of populations such as Orlando or the Research Triangle
or Silicon Valley. I don't think it exists in the absence of a large
university or a medical school. I think it's very difficult to put the cart
before the horse and invest this large amount of money into a
company that has not proven to develop a product or launch a product
line or even provide jobs for more than 1,500 people in the State of
Maine over the half -- over the century that it's been in existence.
I don't know if anyone's looked into the fact that Jackson Labs
recently expanded to California a decade ago. They've provided 100
jobs there in 10 years. And I don't believe there's been any biomedical
clustering at all in Sacramento based on Jackson Labs moving there. I
think these are questions that we have to answer. And I applaud our
commissioners on the fact that they are going to look into these
questions.
The bottom line is, $130 million to diversify our economy is
worth it. Biotech, biomedical investments are worth it, but is Jackson
Labs the right choice? And I disagree based on everything that I've
read. Thanks.
(Applause.)
MR. MITCHELL: Kevin Thomas?
MR. THOMAS: One minute. Hi. I'm Kevin Thomas, founder
and CEO of Vitarich Laboratories here in town. I've recently taken
the company public, and I'm no longer with the firm, but we created
220 jobs in our first 10 years in the industry. We are an alternative
natural supplement manufacturer in town. We converted about five or
six buildings on Arnold A venue from not very attractive old steel
buildings to nice, pretty warehouses.
Today I have opened up Alternative Laboratories and moved to
Page 169
June 22, 2010
the City of Naples and opened another laboratory, which we hope to
do 112 jobs in the next three years. That's if the East Naples Fire
Department can agree with what they agreed with when they gave me
the permit, if they can ever give me a CO so I can open up my facility,
but that's another discussion.
CHAIRMAN COYLE: Good luck.
MR. THOMAS: Yeah. So nevertheless. We're creating jobs in
this town. We haven't asked for handouts. I'm actually here for my
check today. I don't know who to see.
(Applause. )
MR. THOMAS: Sorry. I couldn't resist.
CHAIRMAN COYLE: I'm signing it right now.
MR. THOMAS: But I have to tell you, you have changed me. I
came in in strict opposition, and I think you have a very professional,
eloquent presentation, and I stand with open ears to look at the project,
and I'd also like to talk with you about opportunities in the future that
we could take some of my laboratories and some of my international
contacts that are wanting to move here, and let's look at a total
solution, including Jackson Laboratories and other competitive
alternatives in the marketplace that can really bring an advantage. We
can make the park work.
I worked with Tammie Nemecek over at the EDC over the years
when Lee County wanted us to move up there, and we stayed at our
home. I've been here for 33 years. I'm not leaving.
It's the entrepreneurial effort and local free enterprise that will
bring about a change. The government can open a window of
opportunity, but us locals have to step up to that opportunity and do
something about it. And you've got people in your backyard that are
willing to support a park and a program.
And so I look forward to meeting with you on that issue. Thank
you for your time.
CHAIRMAN COYLE: Thank you very much. That's the kind
Page 170
June 22,2010
of vision we really need here. Thank you. And I'm sure the
commissioners would be happy to work with you on any proposal
you'd like to make, okay? Thank you very much.
MR. MITCHELL: There's just one more name, Gary Hampton.
MR. HAMPTON: Thank you, Chairman Coyle. Mine's very
short because you said everything that I was going to say. And what I
really want to say is, I appreciate the way you all are going to look at
this and then make the right decision for the community.
K.P. unfortunately said everything I wanted to say, too, but I will
repeat that. I am with Owen Ames and Kimball Construction
Company. It will make a huge difference in the construction industry
directly and indirectly.
You've been to a lab or two, and I know we've talked with people
from the east coast that dealt with Scripps and have dealt with the Max
Planck Lab over there. They have assured me that the benefits
economically and educationally to that community have been
tremendous because of their involvement over there.
So my thought is that you go through all the process, get through
all the different hurdles that need to be gotten over, and talk to the
folks again.
Obviously, I've talked with the folks at Jackson Lab. We're
involved with Jackson Lab in their roundtables, and we've never had a
question not answered, and I don't think you will either. And once you
get the information, I know you all will make the correct decision.
Thank you.
CHAIRMAN COYLE: Thank you very much.
MR. MITCHELL: That was your last speaker, sir.
CHAIRMAN COYLE: Okay, good. Very good. Then that
concludes my status update. I'm sorry it took so long.
COMMISSIONER HENNING: I have a question.
CHAIRMAN COYLE: Oh, yes. Commissioner Henning, go
ahead.
Page 171
June 22, 2010
COMMISSIONER HENNING: The economic analysis was
done. Is that the company that Jackson Labs hired?
CHAIRMAN COYLE: No, no. The EDC hired the company.
COMMISSIONER HENNING: Okay.
CHAIRMAN COYLE: It's called --
COMMISSIONER HENNING: How do I get a copy of that?
CHAIRMAN COYLE: You can probably get it within the next
ten minutes. We--
COMMISSIONER HENNING: I mean, I just received a
business plan, Commissioner, and I feel that, you know, I need to read
-- I don't know if it has the other commissioners -- I need to get my
information from the media. But I'm being asked to make these hard
decisions with very little information.
CHAIRMAN COYLE: The Washington Economic Group
analysis should have been distributed to all the commissioners a long
time ago.
COMMISSIONER HENNING: Okay.
CHAIRMAN COYLE: And Tammie Nemecek is nodding yes.
It's been out for a good -- well, almost a year.
COMMISSIONER HENNING: The other thing is, now, the
proposal from Jackson Labs shows a prediction of how many jobs
over the years. I think it's like 20 years or maybe 15 years, for the
money they're going to receive from the state, the county, and
community .
How much is it going to cost the taxpayers for these other jobs
that everybody's referring to?
CHAIRMAN COYLE: Well, that's -- that's the point. We -- and
by the way, the Jackson Labs forecast is over a period of 10 years, and
they've committed to 200 jobs over ten years, and they've committed
to spending $340 million of their own money over that same period of
time.
The real issue is not so much what Jackson Labs is going to do
Page 1 72
June 22, 2010
alone; it is what the other businesses in the cluster are going to do.
And the first thing we must do is identify those. I think we have one
identified.
COMMISSIONER HENNING: The question is, is how much is
that -- how much are they going to be asking the county for?
CHAIRMAN COYLE: I don't know that they need to ask the
county for anything. As an example, Edison College has not asked the
county for anything to set up their school on this campus. Universities
are, for the most part, already funded from other sources. Schools are
funded from other sources. So that was the reason we set up the tax
increment financing ordinance that we passed a month or so ago so
that we could gather increased tax revenues from economic
development zones so that that revenue could be used for the purpose
of providing incentives.
But for the most part, Edison Community College and their
charter school is attracted by the offer of free land and cash from the
landowner. They are another partner in this. They're actually
providing cash, and I think they've committed at least 13 million in
cash, plus the value of the land for Jackson Labs.
COMMISSIONER HENNING: I read that in the paper, but I'm
looking at what this is purported to bring, thousands of other jobs, and
if we give 280 million, or 130 million, I should say, from the county
for 200 jobs, I'm looking at 230 million multiplied -- or divided into
1,000 jobs of increments, and -- because it's a projection -- I believe
it's a projection or a goal, but nothing written in stone of what those --
what that might cost or if it will bring those jobs.
CHAIRMAN COYLE: Okay. I'll do this one more time. The
Washington Economic Group Economic Study estimates that over ten
years, or at the end of ten years, there will be 700 jobs and $800
million a year in economic benefit to Collier County.
We don't know if that is realistic until such time as we have
identified specific businesses, and we've identified one just recently
Page 1 73
June 22, 2010
because they made the public announcement, which is Edison
College.
Now, we can get an understanding of what they're going to bring
to this process. We know already that the landowner's going to donate
the property for them and probably donate cash for them.
Now, we need to find a university that offers a degree program,
we need to find a hospital, a specialty hospital, who will collocate out
there. And as we identify these organizations, we will be able to refine
the economic forecast.
Now, if we find out there's not enough people who are willing to
come, then Jackson Labs isn't going to come. They've already said
that. They will not come unless this cluster begins to form.
So we don't have answers to all that because we're trying to put
the cluster together, and that's what's taking the time.
Does that answer your question?
COMMISSIONER HENNING: Well, I'll be looking forward to
reading the economic analysis.
CHAIRMAN COYLE: Okay. Can we make sure Commissioner
Henning --
MS. NEMECEK: I sent it.
CHAIRMAN COYLE: Okay. It's on his email now?
MS. NEMECEK: Absolutely.
CHAIRMAN COYLE: Okay. Commissioner Coletta?
COMMISSIONER COLETTA: Yeah. One issue that I need to
have resolved before we can reach the end of this road is the issue
that's come up three or four times about embryonic research, and I
hope at some point in time that we'll have clarification that's strong
enough to be able to assure us that it will not take place now or in the
future at this facility. That means a lot to me to be able to have that
Issue --
CHAIRMAN COYLE: Okay, all right.
COMMISSIONER COLETTA: -- brought to some sort of
Page 174
June 22, 2010
conclusion.
CHAIRMAN COYLE: Then if that's the case, then we can
terminate these discussions completely. They will not come under
those circumstances. End of story. So--
COMMISSIONER COLETTA: Well--
CHAIRMAN COYLE: So we have -- you have the choice, you
kill the whole deal right now, or we go under the agreement of the
terms of the funding that was provided by the State of Florida, which
does not restrict them. They have said from the very beginning, they
will not commit -- make the commitment you're asking them to make.
It is a deal breaker. It will not be done. They will not come if that
demand is made of them.
COMMISSIONER COLETTA: You can ask the question.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Yes. We've -- a few times it's been
mentioned 200 jobs, but aren't they going to create 400 jobs right in
the beginning just to build the place --
CHAIRMAN COYLE: Probably.
COMMISSIONER FIALA: -- before you even hire anybody?
The 200 people can't work unless they've got a building to work in.
And then as each new building, for instance, Edison, comes on board,
there's more jobs to build that.
So, you know, right away -- they just keep talking, focusing on
200 jobs, but you're going to need 70 million of that 130 million or
260 million just to build the place, and so I think that people forget
that.
And another thing I wanted to say was, this is really tough for
everybody because it's hitting their pocketbook, and right now their
pocketbook is pretty empty, and I understand that.
I liken it sometimes to what must have happened -- we weren't
here -- when the pioneers of our country at the time saw the benefit in
preserving land, to put it aside to become a national park system here
Page 175
June 22, 2010
and a national park system there. And I'm sure people objected to it
greatly, taking away their forests and so forth that they wanted to cut
down, and they stuck to it, and they preserved those national parks.
And today we're so -- we look back and we think, I don't know
whoever was smart enough to do that, but thank heavens they did it,
because now we're going to have them from here on in, and on -- you
know, for many, many, many years to come and all of our future
generations.
You know, we have to kind of think about what we're doing now.
Everybody's talking about today or -- well, not the right economic
time, but is there ever a right time? And I think we have to consider
what this could be.
And we won't know this until we get more of the reports in.
Nobody's making the decision yet, but I think we at least have to keep
an open mind to see what's even going to be brought to the table.
Will this give us -- something else. We keep talking about the
other leg of the stool because we have agriculture and we have
tourism and we have building but, you know, the other leg of the stool
is one leg that's going to be a year-round industry. The rest of them
aren't year-round industries, and they're governed really by what the
weather is and whether people are here or not. We have to think about
year-round industries, and I think that that's an important thing for us
to consider as well.
CHAIRMAN COYLE: And that is a perfect segue. I'd like to
plagiarize a statement that was made by, I think it was, Dr. Pitt who, I
believe, is president of the University of Central Florida.
He asked the question, when is the right time to plant an oak
tree? And he answered his own question. Twenty years ago.
Now, just imagine if we had done something like this 20 years
ago. We might not be in the midst of this very, very severe recession.
People might not be losing their homes. Businesses might not have
been closing.
Page 176
June 22, 2010
So at some point in time we have to make a decision that we're
going to do something to save our community. And it might take 20
years for that seed to grow. But for every year we delay making the
decision, we postpone that opportunity for our children, and I don't
think that's what we want to do. We want to find a way to diversify
the economy. If it's not Jackson Labs, okay, tell me who it's going to
be, okay. Bring me another alternative. If it's too costly, tell me what
the cost is of doing nothing.
You want to live like this and have foreclosures going on for
years and years in Collier County?
So if this is not the right cluster, this is not the right business
segment, then tell us what it is. Don't just say no. We need positive
suggestions such as the one we got from the gentleman here. And I
hope somebody gets his name and address and telephone number,
because we're going to be talking to him, as we will be talking to
Arthrex.
So we are interested in making our county better, and we do not
have all of the answers and we cannot make promises. Every decision
we make carries risk with it, and I am not afraid to make decisions that
carry risk. I figure that's why you elected me.
So I'm not going to push all of my decisions off on you;
otherwise, we'd just make it real simple. Don't have commissioners.
Just have everything go out on referenda, and then everybody can
make their own decisions. People have done that in governments
before, and it didn't work out real well.
But in any event, I hope all of you will think very seriously about
our future. If you don't have a better solution, then help us do
something that makes sense.
Commissioner Halas?
COMMISSIONER HALAS: Just to follow up on that.
Obviously what was brought forth today was about the amount of
foreclosures and everything else. That tells you something, that with
Page 1 77
June 22, 2010
agriculture and with tourists, we are not sustainable. The State of
Florida's not sustainable.
We're looking for a niche, and we think we've got this niche, and
that is a research facility.
And everybody's got this idea that it's only Jackson Labs. This is
a research park. This has the ability to expand. We don't know who's
going to be there, who's not going to be there at this point in time. But
I can assure you if we find an anchor store -- and basically that is what
Jackson Labs is. Just like any large shopping center, you have a large
anchor store. Well, this is an anchor store for this research park.
You've already heard that there's been a commitment by one of
the colleges. It's a minor college, but that doesn't -- that's to start.
That's the building block. And we can't -- this county cannot exist
without some kind of a future.
And if our forefathers had a vision to -- of what needed to be
done in this country -- and this country is based on technology. If you
look back since the 1800s when we had the railroads, it was
technology.
And then we advanced into the mechanized world, and then from
there we went into where we are today with computers and with
science projects.
If you look at -- if the same people were totally negative to the
spaceport that we have on the other side of the state, we wouldn't have
been to the moon. I'm not saying we're going to the moon. What I'm
saying is, give us the ability to see what we can do for the
sustainability of Collier County in the years to come and what -- how
we can maintain our families so that as the children grow up, they
don't leave this area. They can stay here, and they can invest in this
future, not only in research, but they might get involved in the school
system, they might get involved in being a commissioner, or they
might be involved in the city council, or even a mayor.
We need people with young ideas. It's easy to say no. We're
Page 178
June 22, 2010
looking for people that's got a vision that will step up to the plate and
follow with us. We'll try to lead, but we also need followers to help us
in trying to figure out the best to address the future needs here in
Collier County.
And we're not talking about five years or 10 years. This may be
as far out as 25 or 30 years, but it's what we need to do and it's a niche
that we can -- that we think will work, and it's worked in other areas.
We need that chance. We need to have that chance to see what we can
do for the future and for the sustainability of Collier County.
CHAIRMAN COYLE: Thank you.
County Manager, what do you need me for the most? I've got 15
minutes.
MR.OCHS: Fifteen minutes.
COMMISSIONER HENNING: Ifwe could stop pontificating
and get to the items, we'd get out of here.
Item #IOC
REVIEW OF THE DOCUMENT A TION OF THE WORK THAT
WAS DONE FOR THE COUNTY, AND BASED ON A
DETERMINATION FOR EACH VENDOR THAT THE
PAYMENTS SOUGHT F AIRL Y AND EQUITABLY REFLECT
THE FAIR VALUE OF THE WORK DONE AND MATERIALS
FURNISHED TO THE COUNTY, FOR WHICH THE COUNTY
HAS BENEFITED, DIRECTS THE CLERK OF COURTS TO PAY
THE A TT ACHED INVOICES - APPROVED
MR.OCHS: Commissioners, if we could, I'd like to move to
IOC.
CHAIRMAN COYLE: Okay.
MR. OCHS: Which is a -- and that is a --
COMMISSIONER HENNING: Recommendation that the board
Page 179
June 22, 2010
review the attached documents of the work that was done for the
county, and based upon the determination of the vendor and payments
(sic) sought fairly and equitably reflected in the fair market (sic) of
work done and material furnished to the county, for which the county
benefited directs --
COMMISSIONER HALAS: Motion to approve.
CHAIRMAN COYLE: Second.
MR.OCHS: Sir, if I could get one thing on the record, that Mr.
Brock had asked me just to put on the record that the vendors and the
county have worked together in good faith to arrive at the fair value of
this work performed.
COMMISSIONER HALAS: That's in my motion.
COMMISSIONER HENNING: And--
CHAIRMAN COYLE: That's in my second.
COMMISSIONER HENNING: And I reviewed the documents,
the invoices, and staff has done the checks and balances of it besides
the clerks.
MR. OCHS: Thanks for checking that, sir.
That's all I had, Mr. Chairman.
CHAIRMAN COYLE: Okay. All in favor, please signify by
.
saYIng aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: It is approved.
Where do you want to go from there?
Item #IOD
Page 180
June 22, 2010
THE PROPOSED SCHEDULE FOR THE ADOPTION OF THE
COLLIER COUNTY ADMINISTRATIVE CODE WHILE
CONCURRENTLY LIMITING AMENDMENTS TO THE LAND
DEVELOPMENT CODE UNTIL THE ADOPTION OF THE
ADMINISTRATIVE CODE IS COMPLETED - MOTION TO
APPROVE OPTION #3 - APPROVED
MR.OCHS: I'd like to go to the next one, if I can. That's a
recommendation that the Board of County Commissioners authorize
the proposed schedule for the adoption of the Collier County
Administrative Code while concurrently limiting amendments to the
Land Development Code until the adoption of the administrative code
is completed.
Ms. Susan Istenes will present.
MS. ISTENES: Okay. Would you like a presentation or--
CHAIRMAN COYLE: Nope.
MS. ISTENES: Okay. I'll answer questions or whatever you'd
like.
CHAIRMAN COYLE: Yeah. I just want to make sure that
option number three is the option that the Development Service
Advisory Committee was supporting.
MS. ISTENES: At the time we met with them, we didn't have
the options broken out, but let me tell you where we've been since
then very quickly.
We've had meetings with representatives of CBIA and groups
associated with that who have indicated that they have some pending
LDC amendments that they would like to get into a cycle, and our
recommendation is to make the transfer for the administrative code
information by the end of this year and then go to a very limited LDC
cycle after that.
During the time we're transferring the administrative code
Page 181
June 22,2010
information, we ask that no LDC amendments take place, because it's
just too massively confusing. Later, then we would go and look --
after the LDC cycle, we would actually look at the content of the
administrative code, and that seemed to be endorsed by the -- or
acceptable to the Planning Commission as well.
CHAIRMAN COYLE: Acceptable to both the DSAC and the
Planning Commission?
MS. ISTENES: Yeah. There was some discussion about doing
the administrative code transfer and then reviewing the actual contents
of the administrative code for a potential amendment, and we batted
that around versus doing an LDC amendment. But the LDC
amendment seemed to be acceptable to them, so--
CHAIRMAN COYLE: Okay. Is there a motion?
COMMISSIONER FIALA: Motion to approve option three.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Okay. I have a motion by Commissioner
Fiala, second by Commissioner Coletta--
COMMISSIONER HENNING: Question.
CHAIRMAN COYLE: -- for option three, and who was first?
COMMISSIONER HALAS: Me.
CHAIRMAN COYLE: Commissioner Halas?
COMMISSIONER HALAS: My only concern is, as we rewrite
these and move them into the administrative code, that everything is
transposed (sic) correctly so that we don't run into a situation where it
should be -- will ends up being shall and then changes the whole
meaning of the statement.
I think it's very important that we capture that meaning so that we
don't end up with some ambiguities in this whole system.
MS. ISTENES: We share the same goal, Commissioner.
COMMISSIONER HALAS: Okay. And our --
MS. ISTENES: And our contractor understands that.
COMMISSIONER HALAS: Is it my understanding in the
Page 182
June 22, 2010
motion that both DSAC and the Planning Commission will review this
prior to coming back to the Board of County Commissioners?
MS. ISTENES: Yes.
COMMISSIONER HALAS: Good.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: The executive summary,
rehiring White and smith, was that -- was that a bid?
MS. ISTENES: Yes.
COMMISSIONER HENNING: Okay. And they were the best
qualified or best -- lowest?
MS. ISTENES: They -- I think they were the lowest, and they
definitely were the best qualified. Mark White has been an
outstanding consultant, and has both a planning degree and a law
degree, so we have the benefit of that expertise as well. And this -- he
makes a living doing this type of work.
COMMISSIONER HENNING: Okay. Good, thank you.
MR. OCHS: Thank you.
CHAIRMAN COYLE: Okay. Must you?
MR. CASALANGUIDA: I promised the Planning Commission
I'd put something on the record, sir.
CHAIRMAN COYLE: Okay, go ahead.
MR. CASALANGUIDA: If I could, on the viewer.
For the record, this is going to be a two- to three-year project.
Susan's going to be leaving us, as you know, the end of this week, so I
wanted to say thank you to her on the record as well for all her
diligence in moving this forward.
We expect to be able to fund this project with the County
Attorney's Office over the next two to three years with her fully
burdened salary in the budget as we're working on right now.
So I did tell the Planning Commission, and speaking to the
county attorney just, you know, tell the board, this is a two- to
three-year commitment to get this done, because it's the admin. code,
Page 183
June 22,2010
LDC updates, and then the Code of Laws eventually. So I just wanted
to put that on the record because they asked us to.
CHAIRMAN COYLE: Okay. Very well. We have a motion on
the table.
All in favor, please signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: It passes unanimously. Thank you.
Item #IOH
AMENDMENT NO.1 OF AGREEMENT #08-5132 TO
AMERICAN TRAFFIC SOLUTIONS FOR PROVISION OF A
RED LIGHT RUNNING CAMERA ENFORCEMENT SYSTEM
AND EXTENDING THE CURRENT CONTRACT UNTIL
DECEMBER 31,2010 - APPROVING A MONTH-TO-MONTH
CONTRACT - APPROVED
MR.OCHS: Commissioner, if I can take advantage of your time
for one more item. I'd like to take Item 10H, which was the add-on
item.
CHAIRMAN COYLE: Okay.
MR.OCHS: Okay. And that is a recommendation to approve
Amendment I of the agreement #08-5132 to American Traffic
Solutions for the provision of a red light running camera enforcement
system and to extend the contract until December 31, 2010.
MR. KLATZKOW: No, that's not what we're doing.
Page 184
June 22, 2010
CHAIRMAN COYLE: Yeah, it's not the current contract.
MR. KLA TZKOW: No. What we're doing, Commissioners, is,
nobody's really sure what this costs, so what we're doing is a
month-to-month contract--
MR. OCHS: I'm sorry. All right.
MR. KLATZKOW: -- on this. Both parties have the right to
terminate, should it not be in their best interest. We've tried as best we
can to ascertain what the county's true costs are, and they will be
paying us, sort of like a franchise fee, that cost, so that we're not out of
pocket.
In the meantime, we'll be gathering data and analysis. When the
time comes when the Department of Transportation has gotten their
specs done, we're going to be doing a -- well, request for proposals,
and essentially bid this out, you know, nationally.
CHAIRMAN COYLE: But we have eliminated right turn on red
as an enforcement category?
MR. KLATZKOW: We've eliminated right turn on red, which is
why we're not sure that this is financially feasible at this point.
CHAIRMAN COYLE: But we're protecting ourselves so that we
don't have to pay any additional money for this?
MR. KLATZKOW: That's correct, sir.
CHAIRMAN COYLE: That's the process. So that's what we've
done. And if it looks like it's going to cost us more money than we're
getting in, we're going to get out of it. We're not going to subsidize it.
MR. AHMAD: Correct, Commissioner.
CHAIRMAN COYLE: Okay.
MR. AHMAD: For the record, Jay Ahmad. I'm your Director of
Transportation Engineering. I have a -- possibly five-minute
presentation.
COMMISSIONER HENNING: Motion to approve.
CHAIRMAN COYLE: No.
MR. MITCHELL: We have one speaker.
Page 185
June 22, 2010
CHAIRMAN COYLE: Huh?
MR. MITCHELL: We have one speaker.
CHAIRMAN COYLE: Okay. Call the speaker. We have a
motion to approve by Commissioner Henning. Is there a second?
COMMISSIONER HALAS: Second.
CHAIRMAN COYLE: Okay. A second by Commissioner
Halas. Okay.
MR. MITCHELL: Michael Mogil.
CHAIRMAN COYLE: Okay. I don't see him. Okay.
Then I'll call the question. 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: Okay. The motion is approved
unanimously.
COMMISSIONER FIALA: You could get a couple more in.
CHAIRMAN COYLE: Yes, we can.
Item #IOE
AGREEMENT FOR SALE AND PURCHASE WITH PAUL A.
COSENTINO, TRUSTEE OF THE PAUL A. COSENTINO
REVOCABLE TRUST DATED FEBRUARY 11,2009 FOR 8.92
ACRES UNDER THE CONSERVATION COLLIER LAND
ACQUISITION PROGRAM, AT A COST NOT TO EXCEED
$290,500 - APPROVING OPTION #1 - FAILED; MOTION TO
APPROVE OPTION #2 - APPROVED
Page 186
June 22, 2010
MR.OCHS: Okay, great.
Commissioners, if we could go to 10E then, a recommendation to
approve an agreement for sale and purchase with Paul A. Cosentino,
trustee of the Paul A. Cosentino Irrevocable Trust dated February 11,
2009, for 8.92 acres under the Conservation Collier Land Acquisition
Program at a cost not to exceed $290,500.
COMMISSIONER COLETTA: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Okay. A motion to approve by
Commissioner Coletta, second by Commissioner Fiala. And then for
the members of the public, let's make sure they understand. This
money exists in the budget for Conservation Collier. It is approved
specifically for this purpose, and the only reason it is, I think, coming
to us at this point in time is it is including a small amount of money
for cleanup.
MR.OCHS: Yes, sir, $15,000 for just cleanup.
CHAIRMAN COYLE: Which is slightly unusual. But
nevertheless. We have a motion on the table to approve.
All in favor -- whoops.
MR. KLA TZKOW: Before you do, because there were two
options. Let's just, for clarity's sake, make sure we've got the right
option.
CHAIRMAN COYLE: Okay. Which option did the motion
cover?
MR. KLATZKOW: I believe you're asking for option one.
CHAIRMAN COYLE: Okay.
COMMISSIONER COLETTA: That's correct.
CHAIRMAN COYLE: Okay. Then--
COMMISSIONER HALAS: Option one.
CHAIRMAN COYLE: It's on Page 2 of22, I think.
COMMISSIONER FIALA: It includes the cleanup, $15,000.
Page 187
June 22, 2010
CHAIRMAN COYLE: Okay. All in favor--
COMMISSIONER HENNING: No, no, no, no.
MR. OCHS: Hold on.
CHAIRMAN COYLE: I'm sorry. Did you have something,
Commissioner Henning?
COMMISSIONER HENNING: Yeah.
CHAIRMAN COYLE: Go ahead.
COMMISSIONER HENNING: So we're spending the money
for cleaning up property; that's the option? And looking at the
pictures, there's -- besides the refuge there, there is a lot of exotics
associated in with the pictures, and I don't think we should be
purchasing land that basically was used for a junkyard and having the
taxpayers clean it up. That should be the owner.
If they really want to sell this property, and it sounds like they do
-- they just want to milk as much as they can out of the taxpayer --
they should clean it up.
(Chairman Coy Ie left the commission room for the remainder of
the meeting.)
COMMISSIONER COLETTA: Being the motion maker, I'd like
to put that question to you. Why can't the property owner clean it up
as part of the condition of the sale?
MS. SULECKI: Well, I think it was the recommendation of your
committee that we provide this allowance to clean it up in
consideration of the history of the parcel.
Mr. Cosentino, the owner, is here today. And we have been in--
working with him for several years. The properties around him were
purchased about a year and a half earlier for a significantly higher per
acre value, which is just the way it goes in Collier County. It's
happened to a lot of us; property values have fallen.
But your committee felt this was an appropriate negotiation to
make, considering that property values fell 60 percent.
COMMISSIONER COLETTA: So in other words, that was
Page 188
June 22, 2010
taken into consideration in the final process?
MS. SULECKI: It was.
COMMISSIONER COLETTA: My motion stands.
COMMISSIONER HALAS: I have a question. In the agenda,
what was given to us in the summary, you said that they did some core
samples to see if there was a brownfield. How extensive was the
drilling core samples in regards to addressing to see if there was any
brownfield? Because obviously once we take over the possession of
this property, then it becomes our problem.
MS. SULECKI: Well, sir, we did what's standard. We did a
Phase I environmental site assessment which looked at where we
might need to look for any contamination. The consultant found one
questionable area and did soil samples in that area. The soil samples
came back negative.
So from our best -- we didn't, you know, drill in every section of
the property. But from our consultant's best advice, the property does
not have contamination.
COMMISSIONER HALAS: Was this property looked at once
before? And I believe, was it on the B list instead of A list?
MS. SULECKI: Originally it was put in the B list in the fifth
acquisition cycle in 2007. One of our members, Conservation Collier,
felt that it did not significantly add to the corridor effect of the rest of
the parcels, and so it was put on the B list, separated from the group.
COMMISSIONER HALAS: So why now is it on the A list --
MS. SULECKI: Well, it was brought --
COMMISSIONER HALAS: -- with the problem where we have
to pay to get it cleaned up?
MS. SULECKI: It was brought back in the next cycle, as B list
properties normally are. And at that point it was put on the A list, I
think partially because it adds to an existing preserve. It leverages our
management money into the future, and that's one of the strategies that
the Conservation Collier Committee has been pursuing is to try to
Page 189
June 22, 2010
acquire properties adjacent to those we already own.
COMMISSIONER HALAS: The problem that I have is where
we're paying the property owner to clean up his property when he
caused the problem.
MS. SULECKI: Well, actually he didn't cause the problem. He's
responsible, of course; it's his property. But he did not cause the
problem. He's a recent owner of the property, and this solid waste has
been there for decades. Well hidden, I might add.
VICE-CHAIRMAN HALAS: Okay. Yes, Commissioner
Coletta?
COMMISSIONER COLETTA: One more time. Was this -- the
price arrived at in consideration of the fact that that was there, that the
junk was there?
MS. SULECKI: The price for the property -- you mean the
appraisal?
COMMISSIONER COLETTA: Yes, the final price that you
came up with, was there an allowance made for the fact that --
MS. SULECKI: No.
COMMISSIONER COLETTA: -- there's a landfill there?
MS. SULECKI: No, sir. It was strictly appraised outside the
solid waste issues.
COMMISSIONER COLETTA: I tell you what, I'm getting a
little bit uncomfortable with this situation. I think possibly you want
to go back and talk to the owner and see what kind of consideration
can be brought to make this to be fair across the board.
The first time I asked the question, I thought I got an answer that
the price it was appraised at, they made allowance for the fact that
there was refuge (sic) on the property, but obviously I misunderstood
the answer at that time.
MS. SULECKI: Well, the recommendation was -- by the
committee was made because of the solid -- the solid waste issues,
yes.
Page 190
June 22,2010
COMMISSIONER COLETTA: Okay. Would it be
inappropriate to ask Mr. Poteet to come up?
MS. SULECKI: Not at all.
COMMISSIONER COLETTA: Bill, I don't want to put you in a
bad position.
MR. POTEET: Oh, that's not a problem. For the record, Bill
Poteet, chairman --
COMMISSIONER COLETTA: If you could help me with this.
MR. POTEET: -- of the Conservation Collier. Yeah, we debated
this and, you know, we looked at the properties. When you're looking
at properties, we -- our policy has been to try to assimilate properties
that are adjacent to our preserves, to make the preserves larger,
because from a -- as Alex said, from a management standpoint, it
makes a whole bunch of -- more sense than having little bitty parcels
all over the place.
So this one was contiguous to the preserve. We had looked at it
before. And some of the times when we put things on the B list, it
isn't always because we don't like the properties. It's because we only
have so many dollars to spend in that given year, and then we take the
ones that we really want to kind of keep on hold, and we put them on
the B list so we can try to address them later on at another date. I
looked at this property being one of those properties there.
Now, we talked about the contamination issue there. We didn't
know if there was contamination or not, but we were required to have
a Phase I done on the property, and that was a recommendation from
the committee. So the Phase I was done. It came back. Initially from
what I was told is, they didn't think there was any contamination, and
then the person doing the Phase I said, well, wait a minute. There's
one area I want to check out.
So they went and did the Phase II, and it came out clean. And--
I mean, that's what you would do in a normal real estate transaction,
and check it out. So we have a clean piece of property.
Page 191
June 22, 2010
But what we had agreed with the owner of the property is that we
would allow up to $15,000, and it was up to $15,000, to be used for
cleaning up the things that were on the property.
He has been working with us for a very, very long time. And had
we had the ability to move faster, we wouldn't even be before you
today, but we don't, so --
COMMISSIONER COLETTA: I appreciate that, Bill. Let me
put the question just a little bit differently so I have the comfort level
to go forward. Commissioner Henning has brought up an issue. That
$1,500 (sic)--
VICE-CHAIRMAN HALAS: Fifteen thousand.
MR. POTEET: Fifteen thousand.
COMMISSIONER COLETTA: Fifteen thousand dollars.
MR. POTEET: Right.
COMMISSIONER COLETTA: How much of that is to mitigate
the property to be able to clean it up?
MR. POTEET: He can use all those dollars to do mitigation on
the property. That's what we as a committee made the
recommendation as part --
COMMISSIONER COLETTA: So you did make
recommendations --
MR. POTEET: As part of the negotiations on this. I mean, we --
our policy is pretty inflexible. There's very little areas that we can
actually try to entice a buyer to stay in the deal with us and for Collier
County to purchase the properties.
We checked with our attorney, Jennifer White, and -- to see if
this was a legal thing that we could do before we proceeded with our
recommendation. She said it was.
So based on her recommendations, we said, okay, we can do that.
We looked at the big picture that we were actually getting these
properties at a very good price due to the current economic situation
there.
Page 192
June 22, 2010
And so, because it was a depressed price, the $15,000 over the
long run wouldn't have been a big thing for us.
COMMISSIONER COLETTA: Yes. But you did make
provisions for the fact that there is stuff on the property that has to be
removed?
MR. POTEET: Yes.
COMMISSIONER COLETTA: And you feel like we're coming
out all right, okay.
MR. POTEET: Yes, I do.
COMMISSIONER COLETTA: Okay. That's what I needed to
know.
VICE-CHAIRMAN HALAS: One other thing before you leave,
Bill, and then it's Commissioner Henning's turn. But my concern is,
have we done this before in the -- in purchasing property?
MR. POTEET: Alex?
MS. SULECKI: That, in fact, was one of staffs concerns, that
we were setting a precedent here.
VICE-CHAIRMAN HALAS: That's right.
MS. SULECKI: We did check with our attorney, and she said,
yes, we may be setting a precedent, but that it wasn't illegal to do what
the committee was recommending that we do.
We may be setting a precedent, but it doesn't meet -- each
individual real estate transaction is unique in some ways. This is a
unique aspect to this real estate transaction. Because we do this here,
this association happens here, doesn't mean it has to happen to every
parcel, and that's my understanding.
VICE-CHAIRMAN HALAS: Okay.
MR. POTEET: And Vice-Chairman Halas, again, we took every
parcel that we've recommended to this county commission on a
case-by-case basis. And if we didn't like the property, even if we had
mitigation issues to be discussed with another property, we would not
make that recommendation to you. We just think this adds to the
Page 193
June 22, 2010
value of the parcel.
VICE-CHAIRMAN HALAS: Well, I just think it's going to set a
precedent here, and I think there's going to be -- may be other lands,
and somebody's going to say, well, I've got problems and we want to
buy the land for -- to preserve land, but if we have issues of this nature
where there's pollution on there, then we're going to set a precedent
saying, well, you did it for this guy, now why can't I have my land
cleaned up by taxpayer dollars.
MR. POTEET: We routinely look at lots of lands and decide
whether or not it fits within our -- the parameters and what the
committee recommends to the commission. And so we take every
property by a case-by-case basis whether or not it has mitigation
issues or not.
VICE-CHAIRMAN HALAS: Okay. Commissioner Henning?
COMMISSIONER HENNING: Alex, does the Conservation
Collier Committee, do they appraise property? No?
MS. SULECKI: No, sir.
COMMISSIONER HENNING: There is hired appraisers that
you have evaluate this property?
MS. SULECKI: Correct.
COMMISSIONER HENNING: And they did not take under
consideration the condition of the property?
MS. SULECKI: I don't believe that they were aware of the
magnitude of the solid waste issues.
COMMISSIONER HENNING: Okay. So does that direct
question answer Commissioner Coletta's question about, was that
taken into consideration on the appraisal?
MS. SULECKI: Yes. And I thought I answered that clearly.
COMMISSIONER HENNING: And you did, but it got confused
up there. Just so we get it straight.
VICE-CHAIRMAN HALAS: Do we have any speakers on this
item?
Page 194
June 22,2010
MR. MITCHELL: No, sir.
VICE-CHAIRMAN HALAS: Okay. I'll pose the question. I
think we have a second on this issue, too, right? Who seconded?
COMMISSIONER FIALA: I can't remember if I firsted (sic) it
or seconded it.
VICE-CHAIRMAN HALAS: Can somebody tell me -- I think
Commissioner Coletta --
MR. MITCHELL: Commissioner Fiala -- Commissioner Coletta
made the motion; Commissioner Fiala seconded it.
COMMISSIONER FIALA: Thank you.
VICE-CHAIRMAN HALAS: Okay. All right, I'll call the
question.
All those in favor of this, signify by saying aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
VICE-CHAIRMAN HALAS: Those opposed, by like sign?
Aye.
COMMISSIONER HENNING: Aye.
VICE-CHAIRMAN HALAS: So it fails, right? Good.
MS. SULECKI: Sir, there is another option available there. If
you simply don't vote on the first, then the whole deal has to go
through the process again. The second option was in your executive
summary so that we could actually take this back to the owner and try
to --
VICE-CHAIRMAN HALAS: Does not include the 15,000.
MS. SULECKI: -- work again.
VICE-CHAIRMAN HALAS: It says, the -- directs the county
manager or his designee to pursue a new agreement for the sale and
purchase and does not include the 15,000 monetary allowance towards
the cost of removal of the solid waste, and I'm in favor of that one.
MR. OCHS : Well, wait. With the seller -- with a cost not to
exceed $275,000?
Page 195
June 22, 2010
VICE-CHAIRMAN HALAS: Right. And we're not going to pay
the 15,000 for cleanup. That's my motion.
COMMISSIONER FIALA: Second.
COMMISSIONER HENNING: Who's going to -- who's going to
pay for the cleanup, the owner? Is that what you're saying on option
two?
MS. SULECKI: Yes, sir.
COMMISSIONER HENNING: Okay, great.
MS. SULECKI: Ifhe still chooses to engage with us.
COMMISSIONER HENNING: Right.
VICE-CHAIRMAN HALAS: Okay. Did I have a second by
Commissioner Fiala?
COMMISSIONER FIALA: Uh-huh.
VICE-CHAIRMAN HALAS: Any further discussion?
(No response.)
VICE-CHAIRMAN HALAS: All those in favor, signify by
saying aye for option two.
COMMISSIONER FIALA: Aye.
VICE-CHAIRMAN HALAS: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
VICE-CHAIRMAN HALAS: Any opposed, by like sign?
(No response.)
VICE-CHAIRMAN HALAS: It carries unanimously.
Thank you.
MS. SULECKI: Thank you.
VICE-CHAIRMAN HALAS: What's the wishes of the Board of
County Commissioners? Do you want to continue, or do you want to
recess until tomorrow morning?
COMMISSIONER FIALA: Wait, there's one more.
MR.OCHS: Mr. Vice-Chairman? I'm sorry. Mr.
Vice-Chairman, if I may.
Page 196
June 22, 2010
VICE-CHAIRMAN HALAS: Yes.
MR.OCHS: We have several people in the audience for lOG,
and if the board would be willing to take that up, Mr. Carnell has a --
some information he'd like to share with the board on that one.
VICE-CHAIRMAN HALAS: That's -- if we've got speakers on
this, yes, let's get the speakers done, and then we'll see about talking
about recess until tomorrow morning.
MR.OCHS: Thank you, sir.
Item #IOG
AWARD OF RFP #10-5455, MANAGEMENT SERVICES
CONTRACT, FOR THE COLLIER AREA TRANSIT (CAT)
FIXED ROUTE AND PARA TRANSIT PROGRAMS TO
LIMOUSINES OF SOUTH FLORIDA, INC. /TECTRANS, INC.
FOR AN ESTIMATED ANNUAL AMOUNT OF $6,092,167 -
MOTION TO BRING BACK TO THE JULY 27,2010 BCC
MEETING - APPROVED
MR.OCHS: This is Item lOG. It's a recommendation to approve
the award ofRFP #10-5455, Management Services Contract for the
Collier Area Transit fixed route and paratransit programs to
Limousines of South Florida, Incorporated, and Tectrans, Inc., for an
estimated annual amount of $6,092, 167. And Mr. Carnell will
present.
MR. CARNELL: Yeah. Thank you. For the record, Steve
Carnell, Purchasing General Services Director.
We issued an RFP solicitation back in March and received five
proposals on April the 14th. One of the proposers dropped out
subsequently, and we then scheduled public presentations with the
remaining four firms.
Subsequent to the presentations, the selection committee scored
Page 197
June 22, 2010
the presentations and ranked the firms as you see in your executive
summary, with Limousines of South Florida doing business as
Tectrans being ranked number one. That was a consensus decision of
the selection committee.
This morning I received correspondence from counsel on behalf
of the protesting party. And oh, by the way, there was a formal
protest to that decision filed by McDonald Transit, their legal counsel.
And my office issued a decision in response to that, which both of
those items are part of your agenda.
This morning I received additional information from legal
counsel on behalf of McDonald's Transit raising questions about the
scoring process and specifically about one of the score sheets from
one of the committee members in terms of whether or not the scores
were properly calculated using the hundred-point scale that was
specified in the RFP.
And I talked to the County Attorney's Office about that, and to
Mr. Feder as well, and it is our recommendation to the board that --
you could go forward with award to Tectrans, but we would
recommend that you direct the staff to reconvene the selection
committee and have the committee address this issue. There -- that's
really where the recommendation for award comes from. And we'd
like to have you direct us to go back to the committee and revisit this
issue with the committee and then bring you a recommendation at the
July 27th board meeting.
VICE-CHAIRMAN HALAS: So your recommendation is that
we table this 'til July 27th?
MR. CARNELL: Yes, sir.
VICE-CHAIRMAN HALAS: Okay. Do I have a motion on
that?
COMMISSIONER HENNING: Motion to continue this until
when?
MR. CARNELL: The next board meeting, the next available
Page 198
June 22, 2010
board meeting.
VICE-CHAIRMAN HALAS: The next board meeting, July
27th.
COMMISSIONER HENNING: Okay.
COMMISSIONER COLETTA: Second.
MR. OCHS: Commissioner, I think you have several registered
speakers. I don't know if they still want to speak or if the county
attorney wants -- would advise that at this point.
MR. KLATZKOW: There's no point at this point in time. If
what I'm hearing is correct, he has to go back and redo this.
VICE-CHAIRMAN HALAS: That's right.
COMMISSIONER COLETTA: Just a comment. These people
might not be able to come back again. You might want to give them
the opportunity now, because it's been quite a chore for them to get
here as it was.
(Applause. )
COMMISSIONER COLETTA: We can listen to them, and they
can make that choice whether they want to come back for the regular
part, if you would, please, Chair.
VICE-CHAIRMAN HALAS: Sure. We'll address the speakers
then. If you -- but I can tell you that -- whatever you say today may
completely change the complexion of what we're going to have to go
through while this is tabled until the next committee -- or the next
commission meeting, which will be the 27th of July.
So if you would call the speakers, you can waive your time, or
you can come up and you have three minutes. So whatever your
option is.
Ian, if you'd start the calling.
MR. MITCHELL: Okay. The first speaker is Chris Thornton,
and he'll be followed by Carlos Krieg (phonetic).
COMMISSIONER FIALA: How many speakers do we have?
VICE-CHAIRMAN HALAS: How many speakers do we have?
Page 199
June 22, 2010
MR. MITCHELL: Twenty-seven.
MR. OCHS: How many?
MR. MITCHELL: Twenty-seven.
VICE-CHAIRMAN HALAS: See, this is -- just so that you have
an understanding, obviously there might be some concerns, so we're
going to go back and have staff readdress this so --
MR. KLA TZKOW: Commissioners, this is just a bad idea
having these speakers. They're going to have to -- your policy
provides that you're not supposed to listen to arguments one way or
the other during the bidding process. That process has now been
reopened, in essence.
Mr. Carnell's going to go back to the selection committee.
They're going to --
VICE-CHAIRMAN HALAS: Ah.
MR. KLATZKOW: -- you know, do a--
VICE-CHAIRMAN HALAS: I wish you would have said that
earlier before we started talk -- you know, thinking about the speakers
here that have been sitting here all day.
MR. KLATZKOW: Well, I did say it was a bad idea, but okay.
This is -- I would really recommend that we not proceed with the
speakers at this point in time.
VICE-CHAIRMAN HALAS: Okay. I've got to go by the
recommendation of the county attorney, because after they go through
the process, this still could end up in litigation, and it may put us in a
bad situation here.
So thank you very much for your time, and thank each and every
one of you for coming here today. I'm very, very sorry that this came
up today at the last minute. And I realize that you have other things to
do, maybe walking on the beach or going downtown shopping instead
of sitting here all day.
But as the county attorney said, because we're opening up the
bidding process, we cannot really go any further with this.
Page 200
June 22, 2010
Okay. Thank you so much for your time. I appreciate it.
MR. OCHS: Commissioners, you have what I would call three
routine items left under 9, and one staff item under 10 before you're
finished up with your agenda except for public comments. Would you
like --
VICE-CHAIRMAN HALAS: Why don't we hold up 'til they get
out of the auditorium here?
MR. OCHS: If everyone could please move out into the hallway
quietly, please. Thank you.
COMMISSIONER FIALA: How long have we known that, I
wonder?
VICE-CHAIRMAN HALAS: County Manager, can you give
the board here some cover? How long was this particular item known
that we were going to go back in re-litigation on this, or in
reprocessing of this?
MR. OCHS: I just found out about it about ten minutes ago, sir.
VICE-CHAIRMAN HALAS: Steve? Steve? I need your
assistance here. How long ago did you know about this particular
issue, since we've had these people here waiting all this time? Maybe
if you found out early this morning --
MR. CARNELL: We did.
VICE-CHAIRMAN HALAS: Huh?
MR. CARNELL: I got the information about -- the beginning of
the board meeting this morning, around nine o'clock.
VICE-CHAIRMAN HALAS: I think it would have been nice if
you could have brought that forth so that we could have told the
people at that time that we're going to have to address some issues on
this so we can't come -- at this point in time, the board cannot come to
a conclusion or to a vote.
MR. CARNELL: I understand. I apologize. We really --
VICE-CHAIRMAN HALAS: Okay. Because we -- obviously
we have people that are handicapped, and they've been sitting here all
Page 201
June 22, 2010
day, and I don't think --
COMMISSIONER HENNING: What's the next item?
VICE-CHAIRMAN HALAS: -- this is very fair. Okay.
MR. CARNELL: I understand.
VICE-CHAIRMAN HALAS: Okay, thank you.
MR. OCHS: Commissioners, I think we -- I'm not sure if we
actually voted to continue lOG. If we could get a motion and a second
and a vote for that.
COMMISSIONER HENNING: I didn't make a motion. We did
not vote on it.
VICE-CHAIRMAN HALAS: Did we have a second?
COMMISSIONER COLETTA: Second.
COMMISSIONER FIALA: I'll -- okay.
VICE-CHAIRMAN HALAS: Okay. Was there a second on the
motion?
COMMISSIONER COLETTA: Yes.
MR.OCHS: Yes, Commissioner Fiala.
VICE-CHAIRMAN HALAS: Okay. All right. Motion is that
we're going to table this until the July 27th meeting.
MR.OCHS: Continue to the July 27th meeting, yes, sir.
VICE-CHAIRMAN HALAS: All those in favor, signify by
.
saYIng aye.
COMMISSIONER FIALA: Aye.
VICE-CHAIRMAN HALAS: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
VICE-CHAIRMAN HALAS: Opposed, by like sign?
(No response.)
VICE-CHAIRMAN HALAS: Carries unanimously.
MR. OCHS: Thank you.
Item #9D
Page 202
June 22, 2010
RESOLUTION 2010-128: RE-APPOINTING LEE HORN TO THE
CONTRACTORS' LICENSING BOARD - ADOPTED
MR.OCHS: Sir, that moves you back to 9D, which is
appointment of member to the Contractors Licensing Board.
COMMISSIONER HENNING: Motion to approve the applicant.
COMMISSIONER COLETTA: Second.
VICE-CHAIRMAN HALAS: Okay. We got a motion on the
floor to appoint the --
COMMISSIONER HENNING: Lee Horn.
VICE-CHAIRMAN HALAS: Lee Horn, and we have a second.
Any further discussion?
(No response.)
VICE-CHAIRMAN HALAS: All those in favor, signify by
.
saYIng aye.
COMMISSIONER FIALA: Aye.
VICE-CHAIRMAN HALAS: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
VICE-CHAIRMAN HALAS: Opposed, by like sign?
(No response.)
VICE-CHAIRMAN HALAS: It carries unanimously.
Item #9E
COMMISSIONER COLETTA'S REIMBURSEMENT FOR
ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE - APPROVED
MR. OCHS: And we have your add-on Item 9E, which is,
Commissioner Coletta requests for board approval for payment to
Page 203
June 22, 2010
attend a function serving a valid public purpose.
VICE-CHAIRMAN HALAS: Okay. Motion to approve.
COMMISSIONER FIALA: Second.
COMMISSIONER HENNING: I have a question.
VICE-CHAIRMAN HALAS: Okay.
COMMISSIONER HENNING: Jackson Labs in Maine grow
mice. They're genetically engineered mice. They're not bringing that
-- those mice business down here. I don't understand what the purpose
.
IS.
VICE-CHAIRMAN HALAS: One of the commissioners care to
expound on that?
COMMISSIONER COLETTA: Would you like me to go first,
Donna?
COMMISSIONER FIALA: Sure.
COMMISSIONER COLETTA: Yeah. Back a number of years
ago, we had to make a decision regarding a waste-to-energy plant. It
was a big decision, and the commission at that time thought it might
be a good idea. It looked very good on paper. We liked the idea of it.
And they made the decision at that time to spend what money was
within our travel budget to send myself and Jim Mudd to Australia to
look at that plant, if you remember what happened.
We got there, and we got to see it firsthand. Our whole idea of
what this plant was about came into focus and we realized that it was
not something for Collier County. That's why I think it's very
important.
Now, yeah, there's a difference between the mice, but the concept
that they're coming up with and the clustering and the buildings and
the amount of time they spent there I think would serve to be of great
value to my decision-making process.
I have to tell you that I'm going to be on vacation at the time, and
I'm going to have to leave my vacation and my family to go there to
Jackson Lab to take part in this event, and then when it's done I'm
Page 204
June 22, 2010
going to return to where I was in my vacation enjoying my family
.
agaIn.
So it's not something that is, what do you want to call it, a total
enjoyable experience. I'm doing it as part of my discovery process for
the commission.
COMMISSIONER FIALA: And I'll join in and I'll say, same
with me. I'm also on vacation. I'm going a little bit early before they
hold any of their things, before they host people to see their lab. I
want to see what the town -- how the town feels about them. I want to
see how responsive they have been to the townspeople. I want to see
what the townspeople think of Jackson Labs. I want to see what kind
of an operation they run. I want to sit in a coffee shop and see what
people have to say. I want to visit, and I've already got appointments
with the city councilmen.
I'm doing some research here, and I really need to do that. I can't
come to the table without doing this, so that's why.
COMMISSIONER HENNING: Okay. I mean, I just -- I thought
it was about bringing their operation down here, and knowing that it's
not, but I fully understand why you're doing it now.
COMMISSIONER FIALA: Yeah.
COMMISSIONER HENNING: I support it.
COMMISSIONER FIALA: Thanks.
VICE-CHAIRMAN HALAS: I got a motion. Did I have a
second?
COMMISSIONER FIALA: Second.
COMMISSIONER HENNING: Yeah.
VICE-CHAIRMAN HALAS: Okay. Any further discussion?
(No response.)
VICE-CHAIRMAN HALAS: This is item in -- this is item -- can
we take both items, 10E?
COMMISSIONER HENNING: No, 9 --
COMMISSIONER COLETTA: Take them one at a time.
Page 205
June 22, 2010
MR. OCHS: This is 9E.
VICE-CHAIRMAN HALAS: We'll take one at a time.
MR. OCHS: This is 9E.
VICE-CHAIRMAN HALAS: This is item -- added on Item 9E,
Commissioner Coletta and his request for board approval.
All those in favor?
COMMISSIONER FIALA: Aye.
VICE-CHAIRMAN HALAS: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
VICE-CHAIRMAN HALAS: Any -- those opposed?
(No response.)
VICE-CHAIRMAN HALAS: Unanimous.
Okay. The next item is -
Item #9F
COMMISSIONER FIALA'S REIMBURSEMENT FOR
ATTENDING FUNCTION SERVING A VALID PUBLIC
PURPOSE - APPROVED
MR.OCHS: It's 9F.
VICE-CHAIRMAN HALAS: -- 9F.
MR.OCHS: It's a Commissioner Fiala request for board
approval for payment for --
VICE-CHAIRMAN HALAS: Yep.
COMMISSIONER HENNING: Motion to approve.
VICE-CHAIRMAN HALAS: Second.
COMMISSIONER COLETTA: Second. You go ahead.
VICE-CHAIRMAN HALAS: Okay. We got a motion on the
floor and a second.
Any further discussion?
Page 206
June 22, 2010
(No response.)
VICE-CHAIRMAN HALAS: Not hearing any, all those in
favor, signify by saying aye.
COMMISSIONER FIALA: Aye.
VICE-CHAIRMAN HALAS: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
VICE-CHAIRMAN HALAS: Opposed, by like sign?
(No response.)
VICE-CHAIRMAN HALAS: Passes unanimously.
Item #10F
THE PROPOSED APPROACH TO QUANTIFY THE NUMBER
OF EXISTING MARKET RATE UNITS THAT WOULD
QUALIFY AS AFFORDABLE UNDER THE AFFORDABLE
HOUSING GUIDELINES - APPROVED
MR.OCHS: Commissioners, that takes us to Item 10F. It's a
recommendation to request approval from the Board of County
Commissioners regarding the proposed approach to quantifying the
number of existing market-rate units that would qualify as affordable
under the affordable housing guidelines.
Mr. Mike Bosi will present.
VICE-CHAIRMAN HALAS: Hi, Mike.
MR. BOSI: Good afternoon, Commission. Mike Bosi,
Comprehensive Planning.
As the executive summary dictated, we are proposing a number
of steps to fulfill the board's desires to fill out the picture in terms of
what the full equation is for affordable housing and not just buy the
affordable housing per agreement.
The considerations dictated the number of steps. In conversation
Page 207
June 22, 2010
with Nick Casalanguida, the Administrative Director of Growth
Management, we've also added an additional step. Not only are we
going to query the sales from May of'09 to May of'OIO, but we're
going to take those sale prices and determine which use would qualify
as affordable under the thresholds as identified, but we're going to take
that, compare that sales price to what the appraised value was so we
can become -- we can identify a factor that would adjust what the
appraised value is.
Then based upon that factor, we will do at least a 10 percent
statistically significant sample to mathematically -- to verify the
approach we're taking as sound, and we're going to evaluate the
appraised values based upon that factor to see, based upon the
appraised values of the properties within our inventory, which ones
would qualify under those thresholds as well.
So it's an additional step to analyze the existing inventory, not
just the ones that are for sale, but the existing inventory based upon
that appraised value with that discounting factor that we've determined
through the analysis.
VICE-CHAIRMAN HALAS: Is your light -- Commissioner
Coletta?
COMMISSIONER COLETTA: Yeah. I met with Nick
Casalanguida when they were originally thinking of just working with
the sale prices -- the property was sold, and that would have told us
very little, because what we're trying to find out is how many houses
of what value are throughout all of Collier County, and then break it
down to whatever we want to break it down, districts, neighborhoods,
to be able to identify what it is and -- you know, so we can measure it.
And every year we could go back. It's a very simple process.
The property appraiser has everything set up in fields, and it's no big
deal to go through there, pick up the field, pick up the property
number, and we'd be able to identify it by whatever means you want,
district, by certain lines, whatever, and it would query the whole thing,o
Page 208
June 22, 2010
and you'd get -- making that comparison with the actual sales might be
one out of every 100 properties that is sold during that time, you'd be
able to get a matrix to be able to go and apply it across the board, it
will give you an unbelievable accurate representation of where these
homes are and what they are. And the nice part about it is, as time
goes along, you'll be able to follow the progress of these homes as
they start decreasing in value or if some neighborhood starts to
decline. I think it's an absolutely wonderful idea.
VICE-CHAIRMAN HALAS: Well, my concern is that they're
not really authorized as affordable housing, but because the price is
right now, then eventually down the road, hopefully in the near future,
the prices will start to go up, and then they don't -- they're no longer
considered affordable housing, so --
COMMISSIONER COLETTA: It's all relative. It's to give you a
mark in time so you can start to measure it. We don't really know the
last time what happened, over the last 10 years, how we got to where
we were.
This gives us a point in time we measure it. The whole thing
could be set up so that it would be almost automatic. I mean, it
wouldn't take that long to assemble the data to be able to come up with
a final data you'd be able to take a look at and make all sorts of
decisions.
VI CE-CHAIRMAN HALAS: Right.
Commissioner Henning?
COMMISSIONER HENNING: Wow, what a great thing. I
know commissioner Fiala was asking this for years and years. You're
going to evaluate areas where there's affordable housing. That's
something that she's been saying for a long time, and I think this will
take care of her -- should be taking care of her concerns, and we won't
have to do a costly Growth Management Plan. We're not going to be
needing affordable housing for years and years.
COMMISSIONER COLETTA: Well, almost correct. There's
Page 209
June 22, 2010
always going to be a need for the 60 percent and under.
VICE-CHAIRMAN HALAS: Commissioner Fiala?
COMMISSIONER FIALA: Yes. So you -- then to just clarify.
These will be all of the houses in Collier County, not just those that
were built with SHIP funds, correct?
MR. BOSI: This is -- this is an assessment of every structure
within the county and based upon the thresholds which would qualify
for those -- those thresholds.
And Commissioner Coletta, you do point out a good point. If
you look at the 50 percent of the median income, those thresholds are
very low, so there may always be a -- somewhat of a need, but the
market -- they're saying the anticipation from staff, that the market is
probably bearing much more of the commodity than what it was just,
you know, in recent years.
COMMISSIONER FIALA: Now, what about ridiculously --
MR.OCHS: Commissioner Fiala, the answer is yes, I believe, to
your question.
COMMISSIONER FIALA: Okay. I kind of got that impression,
especially because Nick's nodding his head.
MR.OCHS: Okay.
COMMISSIONER FIALA: What about anomalies like, for
instance, ridiculously low prices? There's some apartment buildings
over on, I think it's Santa Barbara, where they're selling for $18,000,
and they used to sell for, I don't know, 125- or something like that.
That's -- you know, that doesn't even play into the market right now,
and yet that's what they're selling for.
MR. BOSI: If that's the market rate, then that would qualify as
an affordable housing unit. We're not going to argue with what the
market's saying. If the market is -- if they're selling it for $18,000, I
don't have to qualify for why it's there. What the price of the market is
is the price of the market.
COMMISSIONER FIALA: Okay.
Page 210
June 22, 2010
MR. KLATZKOW: Well, but -- I can tell you why they're
18,000.
COMMISSIONER FIALA: Why?
MR. KLATZKOW: Is because they got -- in these condominium
areas especially, they've got so many units that are vacant that
everybody's got to bear the common costs. So you may buy
something for $18,000, but your common costs are through the roof.
That's why they're so low.
COMMISSIONER FIALA: Oh, I see. Okay.
VICE-CHAIRMAN HALAS: Do I have a motion?
COMMISSIONER COLETTA: Motion to approve.
VICE-CHAIRMAN HALAS: Do I have a second?
COMMISSIONER FIALA: Second.
VICE-CHAIRMAN HALAS: Okay. A motion on the floor by
Commissioner Coletta and a second by Commissioner Fiala.
Any further discussion?
(No response.)
VICE-CHAIRMAN HALAS: Not hearing -- or seeing any, all
those in favor, signify by saying aye.
COMMISSIONER FIALA: Aye.
VICE-CHAIRMAN HALAS: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Opposed, by like sign?
(No response.)
VICE-CHAIRMAN HALAS: It carries unanimously.
Item #11
PUBLIC COMMENTS ON GENERAL TOPICS
MR.OCHS: Commissioners, that takes you to Item 11, public
Page 211
June 22,2010
comments on general topics.
VICE-CHAIRMAN HALAS: Do we have anybody signed up
for general comments?
MR. MITCHELL: No, sir.
VICE-CHAIRMAN HALAS: Okay.
Item #12
COUNTY ATTORNEY'S REPORT
VICE-CHAIRMAN HALAS: Next is county attorney's report.
MR. KLATZKOW: Oh, nothing from me, sir.
VICE-CHAIRMAN HALAS: Okay.
MR. OCHS: Nothing else --
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
VICE-CHAIRMAN HALAS: How about the county manager?
MR.OCHS: Yes, sir. We're on Item 15, staff and commission
general communications. I have no items for the commission myself,
but Commissioner Coyle did leave one item that he wanted the board
to consider before he left.
This is a letter he received from Commissioner Tammy Hall,
chair of the Lee County Commission. They have decided to extend
their bus service into Collier County, and they are asking for a cost
share from Collier.
We had considered the same extension, as the board will recall, a
few years ago. We thought we had a 100 percent grant to do that. It
turned out that the grant then was rescinded and reworked and only
provided 50 percent of the funding. So we do not have the funding
Page 212
June 22, 2010
that they're -- the direct funding that they're requesting, which is on
the second page of this letter. They're asking -- let's see if I can zoom
in there a little bit.
COMMISSIONER FIALA: Oh, $73 (sic).
MR.OCHS: Yes. They're asking for $73,816 to help them
extend the route. We do, as a staff -- Mr. Feder and his staffhave
considered some in-kind contributions that we could make, and I'll ask
Norm just to -- for just two minutes, outline those to the board so you
can give us some direction on what -- on behalf of Commissioner
Coy Ie on whether or not you want us to pursue that with Lee County.
Norman?
VICE-CHAIRMAN HALAS: Okay.
MR. FEDER: For the record, Norman Feder, Growth
Management Administrator. I'll be very brief.
Essentially, we, like Lee County, had sought to get a connection
of the two systems. We had gone after what was called service
development funds from the state, which traditionally, or sometime in
the past, have been 100 percent funds for two years with a possibility
of a third-year extension.
The DOT has changed that now to a 50/50 max, still two years
with a possibly third-year extension. You see that in the letter from
Commissioner Hall in Lee County.
Essentially we and they, when those monies were offered at the
50/50, could not proceed, felt that we didn't have the funding to do so.
They recently have worked with Bonita Springs, now feel that they are
going to move forward on their end of it.
We still are not in a financial position to move on our end. We
were kind of surprised that they decided to move forward and then
tried to send us a bill.
We do have though a recommendation that might be viable.
When we started this process when it was 100 percent funding for two
to three years, we had purchased a bus under the congestion
Page 213
June 22, 2010
management system, CMS dollars. That's about a $350,000 bus that
we're going to try to dedicate to that route.
We can lease that route to them at a nominal cost and offer to do
that. That gives them a lot more than their 73,000 over three years.
But the other thing I would tell you is, when you run transit services,
you always take on the responsibility to provide for ADA trips within
three-quarters of a mile of that fixed route. So anyone that can't get to
that fixed route within three-quarters of a mile, you have to provide
them services.
So since they'd be running the route and we'd be overmatching
with the value of the bus, our recommendation is if they do that, we
provide the bus, again, that at least for the period that they run the
service, two years or three, and that they cover the ADA costs within
that corridor, because they'd be running that route, not us.
COMMISSIONER FIALA: Excuse me.
VICE-CHAIRMAN HALAS: Commissioner Fiala, go ahead.
COMMISSIONER FIALA: Thank you. So when you say cover
the costs of the ADA, does that mean where somebody has to take like
a van or something --
MR. FEDER: Yes.
COMMISSIONER FIALA: -- and to go to their house and pick
them up?
MR. FEDER: You get demand responsive because the
individual's not able to utilize the route, the fixed route, and they live
within three-quarters of a mile either side of that fixed route.
COMMISSIONER FIALA: And they can't get to the bus
station?
MR. FEDER: And those ADA trips are very expensive, and
about 90 percent of it's local monies. So, again, if they're going to run
that route, they need to take on that responsibility.
VICE-CHAIRMAN HALAS: Okay.
MR. FEDER: We've drafted a letter to that nature. I don't know
Page 214
June 22, 2010
if I've been clear enough. Leo, you're looking for --
VICE-CHAIRMAN HALAS: I think what -- if I get three nods
from the commissioners here -- I'll be one of the nods -- that we
propose what Mr. Feder said, and that is, we'll donate the bus, but it's
their responsibility to pick up -- have the obligation of taking care of
the ADA, and that should help, and this will be over a three-year
period.
MR.OCHS: Yes, sir. It would not be a donation. It would be a
lease --
VICE-CHAIRMAN HALAS: Lease.
MR. OCHS: -- back to them at a nominal rate, and then they
would run the route and, as Norman said, take on the responsibility for
the paratransit.
VICE-CHAIRMAN HALAS: For the ADA, yep.
COMMISSIONER FIALA: Boy, we've been wanting to do this
for a while. This is -- this is a breakthrough.
MR. FEDER: It's good having the trips.
VICE-CHAIRMAN HALAS: We'll see how receptive Lee is to
this. Hopefully they'll --
MR. OCHS: And if I have three nods, then I'll prepare a draft for
the chairman's signature to send back to Ms. Hall.
VICE-CHAIRMAN HALAS: Okay. Did you get three nods?
COMMISSIONER HENNING: Yeah.
COMMISSIONER COLETTA: (Nods head.)
VICE-CHAIRMAN HALAS: Okay. Thank you very much.
MR. OCHS: And that's all I had, Mr. Chair.
VICE-CHAIRMAN HALAS: Start off with Commissioner
Fiala.
COMMISSIONER FIALA: I'm just going to say, good meeting.
Boy, you cleaned that thing up real quickly, didn't you?
VICE-CHAIRMAN HALAS: We don't mess around.
Commissioner Coletta?
Page 215
June 22, 2010
COMMISSIONER COLETTA: Yes, sir. I do have one thing,
and I appreciate the time to be able to bring it up to you.
At the last MPO meeting we asked staff to come back and give
us a report on the Everglades Boulevard interchange status, and the
report was less than encouraging. Nick, how many millions of dollars
do we have into this now between ourselves and federal;
two-and-a-half million, is it?
MR. CASALANGUIDA: Two and a half.
COMMISSIONER COLETTA: Two-and-a-half million dollars,
many years spent, and what it's come down to now is if the indirect
and cumulative effects environmental study is not able to resolve the
environmental agency's dispute, the interchange request will be denied
regardless of the outcome of the interchange and justification report
study.
Very, very troubling. We have the environmental community,
and I believe it's Fish and Wildlife, federal Fish and Wildlife?
MR. CASALANGUIDA: It's all the AGOs, the environmental
community, Fish and Wildlife, DOT, even federal highways
environmental folks are concerned.
We're trying to explain to them there's a difference between the
MLOU for the interchange justification report and the full PD&E, and
a lot of those things would be answered at the PD&E phase.
They requested that the EIS start a formal EIS application, go
forward. And then the fact that they brought up to us that we were
optimistic when we brought this application forward in the early
stages that 2015 would be an opening year. That was the same issue
we had with 1-75.
With the economic downturn, they're asking us to go back to
2019 as an opening year, which means a resubmittal of the study that
we've done so far. And they said, since you're doing that, why don't
you wait 'til the EIS has been submitted so we can evaluate that
information with the new design information that you would get, so --
Page 216
June 22, 2010
COMMISSIONER COLETTA: Meanwhile, we've got a
constituency out there that's really suffering because of the lack of this
road. They thought it was going to be something positive happening
by now.
Last time we held a meeting was what, two years ago?
MR. CASALANGUIDA: Two -- year and a half ago.
COMMISSIONER COLETTA: Okay. Year and a half ago, and
we had probably about, 4- or 500 people show up? It was quite a
crowd.
MR. CASALANGUIDA: Almost 97 percent in favor of the
project.
COMMISSIONER COLETTA: Right, exactly. We're at a point
now where I'd like to have another meeting in September down at--
well, maybe September, October, whatever works.
What I'd like to do is -- the public has a right to know what's
going on and how this is coming together. This isn't terrorism. It's
just a point of information dispensed in a way that the average person
can pick it up.
I'd like to be able to have this commission direct the chair to
write letters of invitation to the different environmental groups out
there that have expressed concern, along with Fish and Wildlife and
whatever other agency out there, of course, Florida Department of
Transportation, to be there and have tables set up for them.
If we could start off with some displays and they could talk to the
public and then have a forum that would probably last about an hour
where they could go through the objections they have and where we
stand on it.
I think this will serve a couple of purposes. One, it will help to
galvanize the public's opinion so that they can start to direct their
anxiety in the right places; two, between now and the time that we
have that meeting, I do believe that all these staffs and all these
agencies will start to come up with some way to make the system
Page 217
June 22, 2010
work a little better and cut some corners.
VICE-CHAIRMAN HALAS: Well, I have to agree with you.
I'm very concerned about the health, safety, and welfare of the people
that live out in that area, especially when it comes to ingress and
egress from their properties in case we do have a wildfire or
something of this nature.
It seems to me that it would be most advantageous to protect the
homo sapiens than the lions and tigers and bears out there.
So I think that if I get three nods, I think that we need to have the
chair send a letter to the respective --
COMMISSIONER COLETTA: Invite them.
VICE-CHAIRMAN HALAS: -- environmental groups and let
them know that there's going to be a public meeting and that we're
also going to invite the residents out in that area that's going to be at
that meeting so they have an understanding of the importance of
moving forward on this -- opening up this access to the Ever- -- or the
Everglades overpass, opening up access to 1-75.
COMMISSIONER FIALA: Can I just ask a question?
COMMISSIONER HENNING: Who, what, and where? Where
we going to have this meeting, who's going to be there, and when?
VICE-CHAIRMAN HALAS: Well--
COMMISSIONER COLETTA: Let me help you.
VICE-CHAIRMAN HALAS: -- that's what--
COMMISSIONER COLETTA: That's what staff has to
determine with the chair. But you're going to have to take into
consideration everything from what other meetings are going to be
taking place. That's why I said --
COMMISSIONER HENNING: You want the commissioners
here? Do you want --
COMMISSIONER COLETTA: Yeah, I'd love to have
commissioners there. I'll be there.
COMMISSIONER HENNING: So it's going to be here?
Page 218
June 22,2010
COMMISSIONER COLETTA: No.
COMMISSIONER HENNING: Because we can't have any
meeting except for in here, sir. That's it.
COMMISSIONER COLETTA: Is that correct? I didn't think so.
COMMISSIONER HENNING: That's law. We could have
workshops.
COMMISSIONER COLETTA: Okay.
COMMISSIONER HENNING: But we can't have meetings
outside of here.
COMMISSIONER COLETTA: Well, yeah. It won't be a
meeting, okay, we vote on. It will be a workshop. Let's put it down to
that, and all commissioners are invited, and we'd have to duly
advertise it.
But I'd like to have the chair be able to send out letters under
staffs guidance to be able to reach all these different agencies after a
date is set so that we can come up with a time that's going to work.
We've got to make sure it doesn't clash with any number of events that
are going to take place out there.
VICE-CHAIRMAN HALAS: County Attorney, do we have a--
do you have a clear picture of what we're trying to accomplish up here
for the chair so that he's not confused when he gets back into his seat
here?
MR. KLATZKOW: I'm going to have to go by the transcript, to
be honest. But yeah, I think you're really asking for a workshop.
VICE-CHAIRMAN HALAS: Okay.
COMMISSIONER FIALA: I just keep wanting to ask a
question.
VICE-CHAIRMAN HALAS: Oh, I'm sorry.
COMMISSIONER FIALA: I'm going back to the beginning yet.
Is that the only -- only exit or throughway coming out of the Estates?
Is there something else?
I remember when I had some Collier Enterprise people sitting in
Page 219
June 22, 2010
my office years ago, year or two ago, and they were talking about
another access point. Is it only that one that the environmentalists are
objecting to? Could we just move it over to another, or are they
objecting to everything?
MR. CASALANGUIDA: They're pretty much objecting to that
area, but our application is specifically 1-75 and Everglades, and that's
where --
COMMISSIONER FIALA: Okay.
MR. CASALANGUIDA: They won't comment on another area
unless it's been applied for.
COMMISSIONER FIALA: Okay, good. So at least -- so I know
that there's no other possibilities that we can move this -- this
much-needed roadway to.
MR. OCHS: No. I think what Nick said was, no other
applications have yet been submitted.
MR. CASALANGUIDA: Yeah. We haven't applied in another
location, but their general consensus is that area is very sensitive to
that, but they will only comment formally on what we've applied for.
COMMISSIONER FIALA: Okay.
MR. OCHS : No other private developers, to your knowledge,
have applied for any other --
MR. CASALANGUIDA: No. No, they couldn't.
COMMISSIONER FIALA: No. But that's what I was just
wondering. You know, maybe there's another way to go and we can
just get right around this. But as long as there isn't --
MR. CASALANGUIDA: No, ma'am.
COMMISSIONER FIALA: -- there's no reason to make an
application if there's nowhere to go anyway.
MR.OCHS: Sure, yes, ma'am.
COMMISSIONER FIALA: Okay.
VICE-CHAIRMAN HALAS: Okay. Anything else there,
Commissioner?
Page 220
June 22, 2010
COMMISSIONER COLETTA: No. Thank you, sir.
VICE-CHAIRMAN HALAS: Okay. Commissioner Henning?
COMMISSIONER HENNING: I'm not going to be able to
participate in a continuance of the regular meeting on a Wednesday.
COMMISSIONER FIALA: We're already done.
VICE-CHAIRMAN HALAS: We're done.
COMMISSIONER HENNING: No, on next month.
COMMISSIONER COLETTA: Oh.
VICE-CHAIRMAN HALAS: Oh.
MR.OCHS: Oh, okay.
COMMISSIONER HENNING: Okay. The -- and also,
reviewing the Planning Commission's recommendations on the Code
of Laws/LDC, I remember them saying, well, let's do a cost benefit
analysis on what it would take to create a Code of Laws versus
amending the LDC.
MR. CASALANGUIDA: I was at the Planning Commission.
My recollection is a little different. They just wanted us to be clear to
tell the board that there was a cost involved in this, and that, as you
struggled all day long, Commission, with projects, but just to be aware
that if you're going to fund this, it would be an ongoing project that
would have to be funded and what the approximate costs would be,
but it wasn't a cost-to-benefit analysis that they requested. It was just
to make sure that we told the board that, you know, this business has,
you know, a cost, and it would take time, and that cost would be over
three years.
COMMISSIONER HENNING: And do we know what that cost
is going to be?
MR. CASALANGUIDA: I did. I put it on the viewer. It's
roughly about $160,000 a year.
COMMISSIONER HENNING: Okay. Did you have that for the
commissioners -- I don't remember that -- the Planning Commission
members?
Page 221
June 22, 2010
MR. CASALANGUIDA: I did not. They asked me to make
sure I had it to the board. I brought it to the board. That was their
request.
COMMISSIONER HENNING: Okay. Good enough.
VICE-CHAIRMAN HALAS: Okay. I don't have anything at
this time, and thanks to each and every one of you for staying here
after we lost the chair so we could get business done for the county.
And I believe that we have another meeting about one p.m.
tomorrow.
MR.OCHS: Yes, sir.
VICE-CHAIRMAN HALAS: So I'll see each and every one of
you back here tomorrow, and I believe our chair is going to be here at
that time, too.
MR. OCHS: Motion.
VICE-CHAIRMAN HALAS: Motion to adjourn.
COMMISSIONER COLETTA: Second.
VICE-CHAIRMAN HALAS: Okay. Any further discussion?
(No response.)
VICE-CHAIRMAN HALAS: All those in favor, signify by
.
saYIng aye.
COMMISSIONER FIALA: Aye.
VICE-CHAIRMAN HALAS: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
VICE-CHAIRMAN HALAS: We're adjourned.
MR. OCHS: Thank you.
****Commissioner Halas moved, seconded by Commissioner Fiala
and carried unanimously that the following items under the Consent
and Summary Agendas be approved and/or adopted ****
Page 222
Item #16A1
June 22, 2010
FINAL ACCEPTANCE OF THE WATER FACILITY FOR FISHER
EYE CENTER - W /RELEASE OF ANY UTILITIES
PERFORMANCE SECURITY (UPS)
Item #16A2
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY
FOR SPRING HILL SUITES - W/RELEASE OF ANY UTILITIES
PERFORMANCE SECURITY (UPS)
Item #16A3
FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY
FOR FOUNTAIN VIEW APARTMENTS, PHASE II-
W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY
(UPS)
Item #16A4
A JOB CREATION INVESTMENT PROGRAM AGREEMENT
WITH GUADALUPE CENTER, INC., CONSISTENT WITH THE
PROVISIONS OF THE JOB CREATION INVESTMENT
PROGRAM AND THE COMPANY'S APPROVED INCENTIVE
APPLICATION - FOR 25 NEWLY CREATED JOBS TO BE PAID
OVER A THREE YEAR PERIOD BEGINNING FY 2011
Item #16A5
RELEASE AND SA TISF ACTION OF LIEN IN THE CODE
ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY
Page 223
June 22, 2010
COMMISSIONERS VS. LOUISE LORESTIE AND MORTIMER
CALIZTE ESTATE, CODE ENFORCEMENT SPECIAL
MAGISTRATE CASE NO. 2005090887, RELATING TO
PROPERTY LOCATED AT 4106 ROSE AVENUE, COLLIER
COUNTY, FLORIDA - OFFERING A SETTLEMENT OF $8,600
WAIVING $8,430.17 IN FINES HAVING PAID THE
OPERATIONAL COSTS OF $169.83
Item # 16A6
DECLARATION SETTING ASIDE COUNTY-OWNED LANDS
FOR THE FUTURE EXPANSION OF THE COUNTY BARN
ROAD ROADWAY, SIDEWALK, DRAINAGE AND UTILITY
FACILITIES, PROJECT #60101 (FISCAL IMPACT: $18.50)-
LOCATED ALONG THE EAST SIDE OF COUNTY BARN RD.
Item #16A7
AN EASEMENT AGREEMENT AND CONVEYANCE OF A
CONSTRUCTION, OPERATION, AND MAINTENANCE
EASEMENT TO FLORIDA POWER & LIGHT CORPORATION
(FPL) FOR THE PURPOSE OF BUILDING THREE PHASE
POWER DELIVERY FACILITIES TO THE
PUMP STATION AS PART OF THE GATEWAY TRIANGLE
STORMW A TER IMPROVEMENTS CONSTRUCTION/PHASE 2;
COLLIER COUNTY CAPITAL PROJECT #51803 - FOR THE
FOLLOWING PARCEL #'S: 504400032.0125All,
502900C205ACC, 502900C 195ACC, 502900C 185A 11,
502900C175Al L 502900C165Al LAND 502900C155Al1
Item #16A8
Page 224
June 22, 2010
WORK ORDER FOR RFQ #08-5011-17, FOREST LAKES BOND
PROJECT F-56 SOUTH WOODSHIRE BLVD. DRAINAGE
SWALE PIPING AND RESTORATION, TO HASKINS, INC.
USING FIXED TERM UNDERGROUND UTILITY
CONTRACTING SERVICES CONTRACT #08-5011, IN THE
AMOUNT OF $314~312
Item # 16A9
PEDESTRIAN SIGNAL WARRANT REPORT AND THE
INSTALLATION AND OPERATION OF A PEDESTRIAN
TRAFFIC SIGNAL AT THE INTERSECTION OF RADIO ROAD
(CR 856) AT SAN MARCOS BOULEVARD, AN ANNUAL
MAINTENANCE COST OF APPROXIMA TEL Y $1,500 - THE
"STOP HERE FOR PEDESTRIANS" WERE REMOVED DUE TO
ACCIDENTS THAT OCCURRED AND THE PEDESTRIAN
CROSSING SIGNS WERE LEFT IN PLACE
Item #16AI0
RESOLUTION 2010-119: MEMORIALIZING SUPPLEMENTAL
AGREEMENT NO.1 TO CURRENT ASSET MANAGEMENT
CONTRACT #BD-418 WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT), FDOT WILL REIMBURSE THE
COUNTY $3,847.04 FOR APPLYING ADDITIONAL PAVEMENT
MARKINGS AND STRIPING ON SR82 (IMMOKALEE ROAD)
AT THE INTERSECTION OF CR850 (CORKSCREW ROAD) IN
COLLIER COUNTY (FDOT PROJECT #412918-1-72-01)
Item #16All
BUDGET AMENDMENT INCREASING AVAILABLE CAPITAL
Page 225
June 22, 2010
FUNDING FOR INTERSECTION SAFETY PROJECTS WITHIN
THE TRAFFIC OPERATIONS (101) OPERATING FUND IN THE
AMOUNT OF $112,600 - FOR INTERSECTION SAFETY
PROJECTS
Item #16A12
CHANGES TO THE DRUG FREE WORKPLACE POLICY FROM
THE PERSONNEL MANUAL FOR EMPLOYEES OF COLLIER
AREA TRANSIT (CAT) TO COMPLY WITH FEDERAL
TRANSIT ADMINISTRATIONS REGULATIONS - TO INCLUDE
THE FOLLOWING STATEMENTS: "ALL EMPLOYEES MUST
ABIDE BY THE DRUG FREE WORKPLACE POLICY AS A
CONDITION OF EMPLOYMENT WITH COLLIER AREA
TRANSIT", "IF CONVICTED OF THE AFOREMENTIONED
VIOLATIONS WHILE IN THE WORK PLACE; THE EMPLOYEE
SHALL REPORT THE SAME TO THE COMPANY WITHIN FIVE
CALENDAR DAYS AFTER SUCH CONVICTION", AND ALSO
ADDED UNDER SECTION 7.09 IS: "ALL EMPLOYEES WHOSE
POSITION IS DEEMED SAFETY SENSITIVE MUST ABIDE BY
THE DRUG AND ALCOHOL POLICY"
Item #16A13
RECOGNIZING FY 2009/2010 FEDERAL TRANSIT
ADMINISTRATION SECTION 5311 ADDITIONAL REVENUE
IN THE AMOUNT OF $43,620 TO COLLIER AREA TRANSIT
FUND (426) AND APPROVE THE NECESSARY BUDGET
AMENDMENTS - THIS PROVISION IS FOR THE PUBLIC
TRANSPORTATION OF COLLIER COUNTY'S NON-
URBANIZED AREAS AND FUNDS THE IMMOKALEE
CIRCULATOR ROUTE 8A AND ROUTE 8B
Page 226
June 22, 2010
Item #16A14
TRAFFIC SIGNAL WARRANT STUDY AND FOR THE
INSTALLATION AND OPERATION OF A TRAFFIC SIGNAL AT
THE INTERSECTION OF RATTLESNAKE HAMMOCK ROAD
(CR864) AT GRAND LELY DRIVE/SKYWAY DRIVE, AT AN
ANNUAL MAINTENANCE COST OF APPROXIMA TEL Y $3,500
- THE DEVELOPER OF LEL Y RESORT WILL PAY THE
COUNTY 33.33% OF ALL COSTS ASSOCIATED WITH THE
SIGNALIZATION PER THE RECORDED DCA
Item #16A15
WORK ORDER FOR A CONSTRUCTION PROJECT TO
BONNESS, INC. FOR THE NAPLES PARK SIDEWALK
IMPROVEMENTS IN THE AMOUNT OF $334,283.27
CONTRACT #09-5197, PROJECT NO. 69081 - SIDEWALKS ON
8TH STREET FROM 91 ST AVENUE TO 111 TH AVENUE ON THE
EAST SIDE OF THE ROAD ALONG WITH INSTALLATION OF
DRAINAGE PIPES AND MISCELLANEOUS DRAINAGE
IMPROVEMENTS REQUIRED AS PART OF THE
CONSTRUCTION OF THE SIDEWALKS
Item #16A16
CONSTRUCTION CONTRACT FOR BID #1 0-5496.TO C. W.
ROBERTS CONTRACTING, INC. FOR THE GREENWAY
PROJECT RUNNING ALONG AN FPL EASEMENT BETWEEN
RA TTLESNAKE HAMMOCK ROAD AND RADIO ROAD IN
THE AMOUNT OF $586,956 (PROJECT NOS. 60087 & 69081) -
A MULTI-USE PATHWAY FROM RATTLESNAKE HAMMOCK
Page 227
June 22,2010
ROAD TO RADIO ROAD ALONG THE FPL EASEMENT WILL
INCLUDE ONLY LANDSCAPING, FENCING AND MINIMAL
PLANTING ALONG MOON LAKE PROPERTY; DOES NOT
INCLUDE LIGHTING
Item #16A17
CHANGE ORDER #2 FOR WORK ORDER #URS-FT-3657-07-11
WITH URS CORPORATION SOUTHERN (URS) THAT
AUTHORIZES $49,440 FOR PHASE 2 WORK AND REDUCES
THE CONTRACT COST BY $40,142 FOR A REVISED TOTAL
CONTRACT COST OF $158,698 TO PROVIDE PROJECT
MANAGEMENT AND OVERSIGHT SERVICES FOR THE
DEVELOPMENT OF WATERSHED MANAGEMENT PLANS
REQUIRED BY THE GROWTH MANAGEMENT PLAN - THE
TIME EXTENSION WILL MAINTAIN THE CURRENT
SCHEDULE FOR COMPLETION IN AUGUST 2010
Item #16A18
RELEASE AND SATISFACTION OF LIEN IN THE CODE
ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY
COMMISSIONERS VS. HERIBERTO AND ANTONIO PEREZ,
CODE ENFORCEMENT BOARD CASE NO. CESD20080000222,
RELATING TO PROPERTY LOCATED AT 5384 CAROLINA
AVENUE, COLLIER COUNTY, FLORIDA - P ARTIALL Y
RELEASING THE LIEN ENCUMBERING 123 1 ST STREET
Item #16A19
RFP #10-5456 FOR VERIFICATION TESTING SERVICES FOR
OIL WELL ROAD, FOR THE ESTIMATED COST OF $200,000
Page 228
June 22, 2010
(PROJECT #60044) - FOR TWO SEGMENTS OF OIL WELL
ROAD THAT ARE UNDER CONSTRUCTION
Item #16A20
PARTIAL RELEASE AND SATISFACTION OF LIEN FOR THE
CODE ENFORCEMENT ACTION ENTITLED BOARD OF
COUNTY COMMISSIONERS VS. SERGIO VALENCIA, CEB CASE
NO. 2006090115, RELATING TO PROPERTY LOCATED AT
2080 16TH AVENUE SW, COLLIER COUNTY, FLORIDA
(REVENUE RECEIVED $847.09) - WAIVING $58,200 IN
ACCRUED FINES WITH THE OPERATIONAL COSTS PAID
Item #16A21
RELEASE AND SA TISF ACTION OF LIEN IN THE CODE
ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY
COMMISSIONERS VS. SOUTHERN DEVELOPMENT CO. INC,
CODE ENFORCEMENT BOARD CASE NO. CEVR20080014785,
RELATING TO PROPERTY LOCATED AT 13245 TAMIAMI
TRAIL EAST, COLLIER COUNTY, FLORIDA - WAIVING
$26,000 IN ACCRUED FINES WITH THE OPERATIONAL
COSTS PAID ON OCTOBER 13~ 2009
Item #16A22
RELEASE AND SA TISF ACTION OF LIEN IN THE CODE
ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY
COMMISSIONERS VS. ODET MENDEZ, CODE ENFORCEMENT
BOARD CASE NO. CESD20080009445, RELATING TO
PROPERTY AT 1924 41ST STREET SW, COLLIER COUNTY, FL
- WAIVING THE BALANCE OF $30,241 IN ACCRUED FINES
Page 229
June 22, 2010
WITH THE OPERATIONAL COST PAID WITH THE
SETTLEMENT PAYMENT
Item #16A23
RELEASE AND SATISFACTION OF LIEN IN THE CODE
ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY
COMMISSIONERS VS CYNTHIA AURELIO MARKLE, CEB CASE
NO. 2006060005 RELATING TO PROPERTY AT 4442 WILDER
ROAD, NAPLES, FLORIDA - WAIVING $131,000 IN ACCRUED
FINES AFTER A PARTIAL PAYMENT THAT INCLUDED THE
OPERATIONAL COSTS
Item #16B1
COLLIER COUNTY COMMUNITY REDEVELOPMENT
AGENCY (CRA) APPROVE THE APPLICATION AND
RECIPIENT AGREEMENT FOR THE IMMOKALEE CRA
COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM
FOR REIMBURSEMENT OF $20,000 FOR FACADE
IMPROVEMENTS TO JACK & LIL'S UNISEX SALON
LOCATED AT 324 SOUTH SECOND STREET IN IMMOKALEE,
FLORIDA
Item #16B2
BOARD OF COUNTY COMMISSIONERS ACTING AS THE
COMMUNITY REDEVELOPMENT AGENCY, APPROVE
CHANGE ORDER NO.6 TO CONTRACT #08-5073 WITH RW A,
INC., FOR THE IMMOKALEE AREA MASTER PLAN IN THE
AMOUNT OF $75,000, FOR ADDITIONAL WORK AND
RELATED SERVICES AND APPROVE THE NECESSARY
Page 230
June 22, 2010
BUDGET AMENDMENT - ALSO EXTENDING THE
DURATION OF THE CONTRACT BY SIX MONTHS
Item # 16B3
COMMUNITY REDEVELOPMENT AGENCY APPROVE THE
EXTENSION AND FIRST AMENDMENT TO A LEASE
AGREEMENT FOR THE BA YSHORE GATEWAY TRIANGLE
CRA TO CONTINUE LEASING ITS CURRENT OFFICE SPACE
FOR A TERM OF (24) TWENTY-FOUR MONTHS, AND
AUTHORIZE THE CHAIRMAN TO SIGN THE LEASE
AGREEMENT (FISCAL IMPACT $23,046) - FOR SPACE
LOCATED AT 4069 BA YSHORE DRIVE
Item #16C1
RESOLUTION 2010-120/ CWS RESOLUTION 2010-01:
SPECIAL ASSESSMENT HARDSHIP DEFERRALS FOR
CERTAIN SEWER SPECIAL ASSESSMENTS FOR THE 2010
TAX YEAR - PROVIDING PROPERTY OWNERS ASSISTANCE
Item #16C2
RESOLUTION 2010-121: SATISFACTION OF LIEN FOR THE
SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE
COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS
SATISFIED IN FULL FOR THE 1996 SOLID WASTE
COLLECTION AND DISPOSAL SERVICES SPECIAL
ASSESSMENT. FISCAL IMPACT IS $20 TO RECORD THE
SATISFACTION OF LIEN - FOR FOLIO #00078560006
Item #16C3
Page 231
June 22, 2010
SATISFACTION OF A NOTICE OF CLAIM OF LIEN FOR
SANITARY SEWER SYSTEM IMPACT FEE. FISCAL IMPACT
IS $18.50 TO RECORD THE SATISFACTION OF LIEN - FOR
FOLIO #00245120004
Item #16C4
AMENDMENT NO.2 TO HARRIS COMPUTER CORPORATION
CONTRACT FOR AN APPROXIMATE COST OF $31,000 TO
IMPLEMENT IWEB, A WEB-BASED CREDIT CARD PAYMENT
APPLICATION HOSTED ON A THIRD PARTY, PAYMENT
CARD INDUSTRY-COMPLIANT WEBSITE THAT WILL BE
LINKED DIRECTLY TO THE COLLIER COUNTY W A TER-
SEWER DISTRICTS ENHANCED BILLING SYSTEM - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16C5 - Continued to the July 27,2010 BCC Meeting (During
Agenda Changes)
TO INCREASE THE RECYCLING SERVICES & HOUSEHOLD
HAZARDOUS WASTE COLLECTION IN NORTH NAPLES BY
(1) AUTHORIZING STAFF TO DESIGN AND BUILD A NORTH
NAPLES RECYCLING CENTER AT A COST OF $1,600,000;
AND, (2) APPROVE ACQUISITION OF 1 ACRE +/- OF LAND
FROM THE COLLIER COUNTY WATER-SEWER DISTRICT BY
THE SOLID WASTE MANAGEMENT DEPARTMENT AT A
COST OF $414,000 FOR CONSTRUCTION OF THE RECYCLING
CENTER; AND (3) AUTHORIZE THE NECESSARY BUDGET
AMENDMENT. THIS WILL SAVE VALUABLE AIRSPACE,
COMPL Y WITH THE COUNTY'S GROWTH MANAGEMENT
PLAN, AND INTEGRATE SOLID WASTE MANAGEMENT
Page 232
June 22, 2010
STRATEGY BY DIVERTING RECYCLABLE MATERIALS
FROM THE LANDFILL AND PROTECTING OUR NATURAL
RESOURCES
Item #16Dl
AFTER-THE-FACT APPROVAL FOR THE SUBMITTAL OF A
BRING PETS HOME SHELTER GRANT APPLICATION TO
THE BRING PETS HOME FOUNDATION IN THE AMOUNT OF
$10,000 TO PURCHASE MARTINGALE-STYLE COLLARS FOR
ALL ADOPTION DOGS - HELPING TO PREVENT DISEASE BY
PROVIDING EACH ADOPTED DOG WITH A NEW COLLAR
Item # 16D2
DOCUMENTS NECESSARY TO CONVEY, TO THE CITY OF
NAPLES, WATER UTILITY FACILITIES AT SUGDEN PARK,
AT A COST NOT TO EXCEED $50.00 (PROJECT #80007.1)-
PROJECT TO INCLUDE THE INSTALLATION OF AN ON-SITE
NEW FIRE HYDRANT
Item # 16D3
CATEGORY "A" TOURIST DEVELOPMENT COUNCIL GRANT
APPLICATIONS FROM THE CITY OF NAPLES, CITY OF
MARCO ISLAND AND COLLIER COUNTY FOR FY-2010/2011
IN THE AMOUNT OF $2,766,613 AND AUTHORIZING THE
CHAIRMAN TO SIGN THE GRANT AGREEMENTS AFTER
THE COUNTY ATTORNEY'S APPROVAL - AS DETAILED IN
THE EXECUTIVE SUMMARY
Item #16D4
Page 233
June 22, 2010
CHAIRMAN TO SIGN TWO (2) LIEN AGREEMENTS FOR
DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES
FOR OWNER OCCUPIED AFFORDABLE HOUSING
DWELLING UNITS LOCATED IN COLLIER COUNTY
APPROVAL OF THIS ITEM WILL TRANSFER PREVIOUSLY
APPROVED DEFERRAL AGREEMENTS FROM DEVELOPER
TO OWNER OCCUPANTS WITH A CONTINUING FISCAL
IMPACT OF $30,492.52 - FOR THE FOLLOWING LOTS AND
DEFERRAL AMOUNTS: LIBERTY LANDING LOT 131,
$15~246.26~ AND LIBERTY LANDING LOT 66~ $15~246.26
Item # 16D5
SECOND AMENDMENT TO REAL ESTATE CONVEYANCE
AGREEMENT WITH DAVID LAWRENCE MENTAL HEALTH
CENTER, INC. TO CONVEY A PORTION OF COUNTY OWNED
LAND AT 425 1ST STREET NORTH, IMMOKALEE, AT NO
ADDITIONAL COST TO THE COUNTY - AN ADDITIONAL 120
DAY DUE DILIGENCE PERIOD THAT WILL EXPIRE JUNE 24,
2010
Item #16D6
RESOLUTION 2010-122: COUNTY MANAGER OR HIS/HER
DESIGNEE TO EXECUTE SOCIAL/SENIOR SERVICES GRANT
APPLICATIONS AND CONTRACT DOCUMENTS AND TO
SUPERCEDE RESOLUTION NO. 96-268 REGARDING SIMILAR
SIGNATURE AUTHORITY
Item #16D7
Page 234
June 22, 2010
COUNTY MANAGER, OR HIS DESIGNEE, TO APPROVE
CHANGE ORDER #6 IN THE AMOUNT OF $108,488.53 TO
BCBE CONSTRUCTION CO., INC., CONTRACT #09-5169 FOR
GOODLAND BOAT PARK PROJECT #80611.1 TO PROVIDE
ADDITIONAL SCOPE OF WORK DUE TO UNFORESEEN SITE
CONDITIONS
Item #16D8 - Moved from Item #17D (Per Agenda Change Sheet)
RESOLUTION 2010-123: DECLARING AN INVENTORY LIST
OF COUNTY-OWNED REAL PROPERTY AS SURPLUS LAND
IN ACCORDANCE WITH SECTION 125.379, FLORIDA
STATUTES, FOR THE BENEFIT OF AFFORDABLE HOUSING -
FOR FOLIO #00220560003
Item #16E1
THE REVISED RAILHEAD SCRUB PRESERVE FINAL
MANAGEMENT PLAN UNDER THE CONSERVATION
COLLIER LAND ACQUISITION PROGRAM - LOCATED IN
SECTION 10, TOWNSHIP 48, RANGE 25, AND SECTION 30,
TOWNSHIP 51~ RANGE 51
Item #16E2
THE PEPPER RANCH PRESERVE QUALITY WILDLIFE
MANAGEMENT HUNT PROGRAM AND DIRECT THE
COUNTY MANAGER, OR HIS DESIGNEE, TO IMPLEMENT
THE PROGRAM ANNUALLY TO INCLUDE FALL AND
SPRING YOUTH HUNTS, YEAR-ROUND GENERAL PUBLIC
HUNTS, AND SPRING GENERAL PUBLIC TURKEY HUNTS -
COSTS FOR SUPPLIES AND TEMPORARY CHECK STATION
Page 235
June 22, 2010
STAFF SALARIES TO BE BUDGETED WITHIN
CONSERVATION COLLIER LAND MANAGEMENT AND
REIMBURSED THROUGH ANNUAL HUNT APPLICATION
AND PERMIT FEE REVENUES
Item #16E3
MODIFICATION NO.5 TO U.S. FISH AND WILDLIFE SERVICE
(USFWS) COOPERATIVE AGREEMENT NO. 401815J021 TO
FUND HABITAT RESTORATION WITHIN PEPPER RANCH
PRESERVE SSA-7 IN THE AMOUNT OF $212,600; OF WHICH,
$75,000 WILL BE REIMBURSED BY USFWS - FOR THE
REMOVAL OF INVASIVE~ EXOTIC VEGETATION
Item #16E4
BILL OF SALE TO THE CITY OF MARCO ISLAND, FLORIDA,
FOR CONVEYANCE OF THE REQUIRED WATER UTILITY
FACILITIES FOR THE MARCO ISLAND LIBRARY ROSE HALL
ADDITION, AT A COST NOT TO EXCEED $30 - PROVIDING
WATER AND WASTEWATER UTILITY SERVICE TO THE
MARCO ISLAND LIBRARY
Item #16E5
AGREEMENT FOR SALE AND PURCHASE WITH MARK L.
LANGKIL AND PENNEY LANGKIL, ALSO KNOWN AS
PENNEY LANKIL FOR 1.14 ACRES UNDER THE
CONSERVATION COLLIER LAND ACQUISITION PROGRAM
AT A COST NOT TO EXCEED $11,925 - LOCATED IN THE
WINCHESTER HEAT MULTI-PARCEL PROJECT FOR FOLIO
#37996840002
Page 236
June 22, 2010
Item # 16E6
LEASE AGREEMENT WITH A VERSANA AT HAMMOCK BAY
FOR INSTALLATION AND OPERATION OF COUNTY-OWNED
COMMUNICATIONS EQUIPMENT AT A FIRST YEARS RENT
OF $600 - FOR A VHF TRANSMITTER TO BE USED FOR
BACKUP FOR FIRE/EMS COMMUNICATIONS FOR AN 800MH
RECEIVER FOR THE SAFE-POINT RADIO LOCATOR SYSTEM
Item # 16E7
CONSERVATION COLLIER'S GEOGRAPHIC INFORMATION
SYSTEMS (GIS) ACTIVITIES RULES AND ACTIVITIES
AUTHORIZATION FORM - INCLUDING GEO-COACHING, A
HIGH-TECH TREASURE HUNTING GAME USING GPS
COORDINATES TO LOCATE HIDDEN CONTAINERS
Item # 16E8
AWARD REQUEST FOR PROPOSAL (RFP) #10-5481 FOR
FENCING INSTALLATION AND REPAIR TO THREE
VENDORS: CARTER FENCE COMPANY, INC., GATESWORK,
INC., AND FA REMODELING AND REPAIRS, INC., IN NO
PARTICULAR ORDER. ESTIMATED ANNUAL EXPENSES ARE
$175,000 - FOR FACILITIES, PARKS AND RECREATION,
PUBLIC UTILITIES~ AND GROWTH MANAGEMENT
Item # 16E9
RECOGNIZE AND APPROPRIATE FINGERPRINTING AND
FDLE BACKGROUND CHECK REVENUES IN THE AMOUNT
Page 237
June 22,2010
OF $36,922.27 AND APPROVE ALL NECESSARY FISCAL
YEAR 2010 BUDGET AMENDMENTS
Item #16EI0
NECESSARY BUDGET AMENDMENT FOR REPAIR OF HV AC
SYSTEMS AT THE MAIN CHILLER PLANT (BUILDING K),
DOMESTIC ANIMAL SERVICES (DAS) AND MAX A HASSE
JR. COMMUNITY PARK IN THE AMOUNT OF $57,610 - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16E11
REPORT CONCERNING THE SALE AND DONATION OF
ITEMS ASSOCIATED WITH THE COUNTY SURPLUS
AUCTION HELD ON APRIL 24,2010, RESULTING IN GROSS
REVENUES OF $348~871
Item #16F1
RESOLUTION 2010-124: AUTHORIZING BOND RESOLUTION
WHICH PROVIDES FOR THE ISSUANCE OF LONGER TERM,
FIXED-RATE BONDS TO REFINANCE ALL OF THE
COUNTY'S OUTSTANDING LOANS UNDER THE FLORIDA
LOCAL GOVERNMENT FINANCE COMMISSION'S POOLED
COMMERCIAL PAPER LOAN PROGRAM ("COMMERCIAL
PAPER LOAN PROGRAM") PURSUANT TO BOARD
DIRECTION UNDER AGENDA ITEM lOB ON APRIL 27,2010-
AS DETAILED IN THE EXECUTIVE SUMMARY
Item# 16F2
Page 238
June 22, 2010
ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS AND
CONDITIONS LETTER FOR A $5,000 GRANT FROM THE 2010
TRAILBLAZER GRANT PROGRAM SPONSORED BY THE
NA TIONAL CENTER FOR CIVIC INNOVATION TO ENHANCE
OUR EFFORTS IN CREATING CITIZEN CENTRIC
PERFORMANCE MEASURES AS OUTLINED IN THE COUNTY
MANAGER'S FY 2010 WORK PLAN AND AUTHORIZE ANY
NECESSARY BUDGET AMENDMENTS (PROJECT #33115)-
HELPING TO STRENGTHEN, IMPROVE, AND ENHANCE
PERFORMANCE IN THE MANAGEMENT AND DECISION-
MAKING PROCESS WITH ALL GRANT OBLIGATIONS
COMPLETED BY AUGUST 31~ 2011
Item #16F3
AGREEMENT ACCEPTING THE ANNUAL EMERGENCY
MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT
IN THE AMOUNT OF $92,901 AND TO AUTHORIZE THE
NECESSARY BUDGET AMENDMENT - GRANT #11-FG-15-09-
21-01
Item #16F4
FORMAL NOTICE TO TERMINATE THE ADVANCED LIFE
SUPPORT PARTNERSHIP INTERLOCAL AGREEMENT WITH
NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT IN 90
DAYS - THE BLUE RIBBON COMMITTEE HAS BEEN
ORGANIZED TO EXAMINE CURRENT PRE-HOSPITAL
SYSTEM DEPLOYMENT AND RESPONSE PROTOCOLS
Item # 16F5
Page 239
June 22, 2010
APPLICATION FOR THE UNITED STATES DEPARTMENT OF
JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING
SERVICES (COPS) TECHNOLOGY PROGRAM IN THE
AMOUNT OF $800,000 - PAYING FOR PUBLIC SAFETY
TECHNOLOGY EQUIPMENT, INCLUDING DIGITAL
INFORMATION SYSTEMS AND SOFTWARE, MOBILE RADIO
EQUIPMENT, AND UNINTERRUPTED POWER SUPPLIES FOR
THE ESC AND EOC
Item #16F6
RESOLUTION 2010-125: AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FISCAL YEAR 2009-10 ADOPTED
BUDGET
Item #16G 1
BOARD OF COUNTY COMMISSIONERS, ACTING AS THE
AIRPORT AUTHORITY, APPROVE AND AUTHORIZE THE
CHAIRMAN TO EXECUTE CHANGE ORDER NO.1 TO
PASSARELLA & ASSOCIATES, INC. WORK ORDER NUMBER
4500116918 IN THE AMOUNT OF $13,600, AND AUTHORIZE
THE ASSOCIATED BUDGET AMENDMENT - ALLOWING
FOR THE NEXT PHASE OF DEVELOPMENT AT THE
IMMOKALEE REGIONAL AIRPORT
Item # 16G2
BOARD OF COUNTY COMMISSIONERS, ACTING AS THE
AIRPORT AUTHORITY, APPROVE AND AUTHORIZE THE
CHAIRMAN TO EXECUTE CHANGE ORDER NO.3 TO
Page 240
June 22, 2010
DEANGELIS DIAMOND CONSTRUCTION, INC. CONTRACT
NO. 09-5245 IN THE AMOUNT OF $123,783 - FOR CHANGES
DUE TO A DELAY FROM THE U.S. ARMY CORPS OF
ENGINEERS FOR SPECIAL CONDITIONS RELATING TO THE
NESTING SEASON OF CROCODILES, PLAN RE- VISIONS,
AND FPL REQUIREMENTS
Item # 16G3
BOARD OF COUNTY COMMISSIONERS (BCC), ACTING AS
THE AIRPORT AUTHORITY, APPROVE AND AUTHORIZE
THE CHAIRMAN TO EXECUTE THE FOURTH AMENDMENT
TO ASSIGNMENT OF LEASE FROM GLOBAL
MANUFACTURING TECHNOLOGIES, INC. TO KPK
MANAGEMENT, INC. - ESTABLISHING THE ANNUAL
SQUARE FOOT RENT RATE FOR LEASE YEARS ELEVEN
THROUGH FIFTEEN
Item #16H1
COMMISSIONER COLETTA REQUEST'S REIMBURSEMENT
FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. HE ATTENDED THE GREATER NAPLES
CHAMBER OF COMMERCE - WAKE UP NAPLES MEETING
ON APRIL 21, 2010 AT 5111 TAMIAMI TRAIL NORTH IN
NAPLES, FL. $25 TO BE PAID FROM COMMISSIONER
COLETTA'S TRAVEL BUDGET
Item #16H2
COMMISSIONER COLETTA REQUEST'S REIMBURSEMENT
REGARDING FOR ATTENDING A FUNCTION SERVING A
Page 241
June 22, 2010
VALID PUBLIC PURPOSE. HE ATTENDED THE NATIONAL
DAY OF PRAYER EVENT AND LUNCHEON ON MAY 6, 2010
AT CITY HALL IN EVERGLADES CITY, FL. $12 TO BE PAID
FROM COMMISSIONER COLETTA'S TRAVEL BUDGET -
LOCATED AT 102 SW COPELAND ST.~ EVERGLADES CITY
Item # 16H3
COMMISSIONER COLETTA REQUEST'S REIMBURSEMENT
FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. HE ATTENDED THE IMMOKALEE FOUNDATION
GRADUATION & DINNER CEREMONY ON MAY 18,2010 AT
BETHEL ASSEMBLY OF GOD, 1225 WEST MAIN STREET IN
IMMOKALEE, FL. $20 TO BE PAID FROM COMMISSIONER
COLETTA'S TRAVEL BUDGET
Item #16H4
COMMISSIONER COLETTA REQUEST'S REIMBURSEMENT
FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. HE ATTENDED THE ECONOMIC DEVELOPMENT
COUNCIL (EDC) - PROJECT INNOVATION PROGRAM
MEETING ON JUNE 3, 2010 AT NAPLES BEACH HOTEL, 851
GULF SHORE BLVD, NAPLES, FL. $20 TO BE PAID FROM
COMMISSIONER COLETTA'S TRAVEL BUDGET
Item # 16H5
COMMISSIONER COLETTA REQUEST'S REIMBURSEMENT
FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. HE ATTENDED THE ECONOMIC DEVELOPMENT
COUNCIL (EDC) - POST LEGISLATIVE LUNCHEON MEETING
Page 242
June 22, 2010
AT THE CLUB AT THE STRAND - 5840 STRAND BLVD.
NAPLES, FL ON JUNE 9,2010. $25 TO BE PAID FROM
COMMISSIONER COLETTA'S TRAVEL BUDGET
Item #16H6
COMMISSIONER COLETTA REQUEST'S REIMBURSEMENT
FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. HE ATTENDED THE EASTERN COLLIER
CHAMBER OF COMMERCE MONTHLY BREAKFAST
MEETING ON MAY 5, 2010 AT 506 1 STREET SOUTH IN
IMMOKALEE, FL. $15 TO BE PAID FROM COMMISSIONER
COLETTA'S TRAVEL BUDGET
Item #16H7
COMMISSIONER COLETTA REQUEST'S REIMBURSEMENT
FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC
PURPOSE. ATTENDED THE IMMOKALEE ROTARY
MONTHLY LUNCHEON MEETING ON MAY 5, 2010 AT 621 N.
15TH ST IN IMMOKALEE, FL. $10 TO BE PAID FROM
COMMISSIONER COLETTA'S TRAVEL BUDGET
Item #1611
MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH
ACTION AS DIRECTED
The following miscellaneous correspondence, as presented by the
Board of County Commissioners, has been directed to the various
departments as indicated:
Page 243
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
June 22,2010
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Minutes:
1) Animal Services Advisory Board:
Minutes of April 20, 2010.
2) Black Affairs Advisory Board:
Minutes of January 26,2009; April 27, 2009; May 18,2009;
July 27,2009; September 28,2009; November 23,2009;
February 22, 2010.
3) Collier County Coastal Advisory Committee:
Minutes of March 8, 2010 Wiggins Pass subcommittee;
March 18, 20 I 0 Clam Bay subcommittee;
April 19, 2010 Wiggins Pass subcommittee.
4) Collier County Planning Commission:
Minutes of March 24, 2010; April 1, 2010 regular session;
April 1, 2010 special session.
5) Contractors Licensing Board:
Minutes of April 21, 2010.
6) Development Services Advisory Committee:
Minutes of April 7, 2010.
7) Golden Gate Beautification Advisory Committee:
Agenda of March 23,2010; May 11,2010.
Minutes of March 9,2010 no quorum; April 13, 2010 no quorum;
March 23,2010.
8) Golden Gate Community Center Advisory Committee:
Agenda of May 3, 2010.
Minutes of April 5, 2010.
9) Historical! Archaeological Preservation Board:
Agenda of May 19,2010.
Minutes of September 16, 2009; November 18, 2009;
ApriI21,201O.
10) Isles of Capri Fire Control District Advisory Committee:
Minutes of April 8, 2010.
11) Land Acquisition Advisory Committee:
Minutes of April 12, 2010.
12) Library Advisory Board:
Agenda of May 19,2010 regular; May 19,2010 annual meeting.
Minutes of April20, 2010.
13) Ochopee Fire Control District Advisory Committee:
Minutes of February 16,2010; March 8, 2010; April 12, 2010.
14) Parks and Recreation Advisory Board:
Minutes of March 17,2010.
.
B. Other:
1) Code Enforcement Special Magistrate:
Minutes of April 16, 2010.
2) Special Magistrate Intersection Safety Program:
Minutes of April 5,2010.
Item #16J1
June 22,2010
USE OF CONFISCATED TRUST FUNDS FOR SUPPORT
SERVICES TO ASSIST IN THE RECOVERY OF
MISSING/ABDUCTED CHILDREN - HELPING WITH THE
PREVENTION OF CHILD ABDUCTIONS, SEXUAL
EXPLOITATIONS, FINDING MISSING CHILDREN, AND
ASSIST VICTIM'S OF CHILD ABDUCTION AND SEXUAL
EXPLOITATION, THEIR FAMILIES AND THE
PROFESSIONALS THAT SERVE THEM
Item #16J2
DESIGNATE THE SHERIFF AS THE OFFICIAL APPLICANT
AND POINT OF CONTACT FOR THE U.S. DEPARTMENT OF
JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF
JUSTICE ASSISTANCE EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT (JAG) FY10 LOCAL
STANDARD GRANT, AUTHORIZE THE ELECTRONIC
SUBMISSION OF THE APPLICATION, ACCEPT THE GRANT
WHEN A WARDED, APPROVE ASSOCIATED BUDGET
AMENDMENTS AND APPROVE THE COLLIER COUNTY
SHERIFF'S OFFICE TO RECEIVE AND EXPEND 2010 JAG
STANDARD GRANT FUNDS
Item #16J3
DISBURSEMENTS FOR THE PERIOD OF MAY 29,2010
THROUGH JUNE 04, 2010 AND FOR SUBMISSION INTO THE
OFFICE RECORDS OF THE BOARD
Item #16J4
Page 244
June 22, 2010
DISBURSEMENTS FOR THE PERIOD OF JUNE 05, 2010
THROUGH JUNE 11,2010 AND FOR SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item #16J5
BUDGET AMENDMENT IN THE AMOUNT OF $59,000 TO
KEEP TEEN COURT OPERATIONAL FOR THE CURRENT
FISCAL YEAR AND DIRECT AN INCREASE IN FUTURE
FUNDING TO TEEN COURT FUND (171) FROM THE $65 FEE-
DUE TO THE PARTNERSHIP BETWEEN THE SHERIFF AND
THE JUVENILE ASSESSMENT CENTER THE SHERIFF HAS
INDICATED THAT HE IS WILLING TO GIVE THE ENTIRE 25%
OF THE FEE TO THE TEEN COURT
Item #16J6
CONTRACT #09-5270, AUDITING SERVICES FOR COLLIER
COUNTY, WITH ERNST AND YOUNG LLP, PROVIDE FOR
EXECUTION OF THE CONTRACT AND AN ENGAGEMENT
LETTER IN THE AMOUNT OF $575,000 AND
AUTHORIZATION FOR A BUDGET AMENDMENT OF $99,700
- FOR ANTICIPATED COSTS ASSOCIATED WITH THE FY-
2010 AUDIT
Item #16K1
STIPULA TED FINAL JUDGMENT FOR PARCEL NO. 20T IN
THE LAWSUIT STYLED BCC V. NAPLES HERITAGE
COMMUNITY DEVELOPMENT DISTRICT, ET AL., CASE NO. 06-
0082-CA (CR 951 WATER TRANSMISSION MAIN PROJECT
Page 245
June 22, 2010
NO. 70151) AND APPROVE THE REQUIRED BUDGET
AMENDMENT (FISCAL IMPACT $2~625)
Item #16K2
AMENDMENT TO THE AGREEMENT FOR COLLIER COUNTY
PARTIAL FUNDING OF THE COLLIER COUNTY LEGAL AID
EXTENDING THE EXPIRATION DATE TO SEPTEMBER 30,
2013
Item # 16K3
BOARD OF COUNTY COMMISSIONERS, AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER-
SEWER DISTRICT, APPROVE THE FILING OF A CIVIL
ACTION AGAINST CAMP DRESSER & MCKEE, INC.
(ENGINEERING DESIGN), HAZEN AND SAWYER, P.C.
(CONSTRUCTION ENGINEERING INSPECTOR), AND JOHN
REYNOLD & SONS, INC. D/B/A REYNOLDS, INC.
(CONTRACTOR) TO RECOVER DAMAGES INCURRED AS A
RESUL T OF THE RAW WATER TRANSMISSION PIPELINE
F AlLURE AT THE SOUTH REVERSE OSMOSIS RAW WATER
WELLFIELD THAT OCCURRED ON FEBRUARY 19,2010 - AS
DETAILED IN THE EXECUTIVE SUMMARY
Item #16K4
AMENDING THE OCTOBER 22, 2002 CONTRIBUTION
AGREEMENT, AS AMENDED, RELATING TO THE SABAL
BA Y PROJECT, BY PROVIDING THAT IMP ACT FEE CREDITS
WILL RUN WITH THE LAND IN PERPETUITY, INTEREST
FREE~ UNTIL USED OR ASSIGNED
Page 246
June 22, 2010
Item #17A
ORDINANCE 2010-24: PETITION: PUDA-PL2009-1499 (KD)
LENNAR HOMES, LLC, REPRESENTED BY DAVID R.
UNDERHILL, JR. OF BANKS ENGINEERING, AND R. BRUCE
ANDERSON, OF ROETZEL & ANDRESS, LPA, IS
REQUESTING AN AMENDMENT TO THE HERITAGE BAY
PLANNED UNIT DEVELOPMENT (PUD (ORDINANCE NO. 03-
40) TO ADD ADDITIONAL DEVELOPMENT STANDARDS FOR
THE AC/R3 DESIGNATED AREA ON THE MASTER PLAN TO
ALLOW TOWNHOUSE UNITS, BY AMENDING SECTION 2.24,
TO ADD ITEM F AND BY ADDING TABLE 2A, BY ALLOWING
DEVIATIONS FROM THE LAND DEVELOPMENT CODE (LDC)
SECTIONS 6.06.01.B AND 6.06.01.01(0) REGARDING
STANDARD ROAD SECTION AND ROAD WIDTH; BY
ALLOWING A DEVIATION FROM LDC SECTION 4.05.02.F TO
ALLOW BACK OUT PARKING; AND BY ALLOWING
DEVIATIONS FROM LDC SECTIONS 4.05.02.1. AND 4.05.03
REGARDING SAME-LOT PARKING FACILITIES TO ALLOW
PARKING WITHIN EASEMENTS DEDICATED TO ALL
RESIDENTS; AND BY ADDING EXHIBIT A-I TO SHOW THE
LAYOUT; AND BY ADDING EXHIBIT A-2 TO REFLECT THE
AREA WHEREIN THE AMENDMENT IS EFFECTIVE; AND BY
ADDING ANY OTHER STIPULATIONS OR REGULATIONS
THAT MAY RESULT FROM THE AMENDMENT PROCESS
PERTAINING TO THE 26-ACRE AC/R3 DESIGNATED AREA
WITHIN THE 2,562 ACRE HERITAGE BAY PUD PROJECT.
THE AC/R3 SUBJECT PROPERTY IS LOCATED IN SECTION
23, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA. THE SUBJECT 2,562 ACRES (THE
ENTIRE HERITAGE BAY PUD) IS LOCATED ON THE NORTH
Page 247
June 22, 2010
SIDE OF IMMOKALEE ROAD (SR 846) EAST OF COLLIER
BOULEVARD (CR 951), IN SECTIONS 13, 14, 23, AND 24,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA (CTS)
Item #17B
RESOLUTION 2010-126: PETITION: SV-PL2009-2421 TAC
HOLDINGS, L.P., REPRESENTED BY JEFF RIGGINS, OF
RIGGINS ASSOCIATES, IS REQUESTING A VARIANCE FROM
COLLIER COUNTY LAND DEVELOPMENT CODE (LDC)
SECTION 5.06.04 F.1. WHICH REQUIRES A MINIMUM
SEPARATION OF 1,000 LINEAL FEET BETWEEN GROUND
SIGNS TO ALLOW A SIGN SEPARATION OF 328 FEET
BETWEEN TWO GROUND SIGNS. THE SUBJECT PROPERTY,
AMERICAN MOMENTUM CENTER, IS LOCATED ON 8625
TAMIAMI TRAIL NORTH IN SECTION 33, TOWNSHIP 48
SOUTH~ RANGE 25 EAST~ COLLIER COUNTY~ FLORIDA
Item #17C
RESOLUTION 2010-127: APPROVING AMENDMENTS
(APPROPRIATING CARRY FORWARD, TRANSFERS AND
SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2009-10
ADOPTED BUDGET
Item #17D - Moved to Item #16D8 (Per Agenda Change Sheet)
Item #17E
ORDINANCE 2010-25: AUTHORIZING AND REGULATING
THE USE OF TRAFFIC INFRACTION DETECTORS
Page 248
June 22, 2010
CONSISTENT WITH RECENT PASSAGE OF HB 325, WHICH
ESTABLISHED STATEWIDE LEGISLATION REGULATING
RED LIGHT CAMERAS, KNOWN AS THE MARK W ANDALL
TRAFFIC SAFETY ACT AND TO REPEAL ORDINANCE NO.
2008-22, AS AMENDED, THE CURRENT COLLIER COUNTY
INTERSECTION SAFETY ORDINANCE
Item #17F
THIS ITEM IS BEING CONTINUED TO THE JULY 27~ 2010
MEETING. AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
ESTABLISHING REGULATIONS RELATING TO PUBLIC
PARKS AND BEACH ACCESS PARKING AREAS BY
PROVIDING FOR A TITLE; PROVIDING FOR A STATEMENT
OF PURPOSE AND INTENT; PROVIDING FOR
APPLICABILITY; PROVIDING FOR LIMITATIONS ON PUBLIC
P ARKS AND BEACH ACCESS PARKING AND
IMPLEMENTATION OF THIS ORDINANCE BY COUNTY
RESOLUTION; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE
Item #17G - Moved to Item #8A (Per Agenda Change Sheet)
Page 249
June 22,2010
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 5:15 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
~w.~
FRED COYLE, Chal n
A TTEST"!~,' C. "~.,
"\ " ,,'" .... <i'j;> , ,
DWIq~."E.. ~~K~ CLERK
~~~
",::,~',",: "" " .,r;;.:.~,"~,',
.', ...... \,-' f_ .,.,,_.".. .
, '~ "'.<,
.. . ','. < " . . .......... . ,
~ ...'. . . . " " . . . ""- r' .' ~.,
'~. ". . '" " ", '
--, . "'~
_ ";' -~ ':"" .. ',.,,~,~ j'r'. .- ~ .:.,...., .. " ..,
:9",'" " .... ./'~:;'.'
Atus( ~~~'~ . "
. 19f1aturf ()t'u....
Thes~inutes approved by the Board on Hot ~ -!J.201o , as presented
or as corrected .
../ ~
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICES, INC., BY TERRI LEWIS.
Page 250