BCC Minutes 04/26/2011 R
April 26, 2011
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida,
April 26, 2011
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
Georgia Hiller
Tom Henning (arrived late)
ALSO PRESENT:
Leo Ochs, County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal Kinzel, Finance Director, Clerk of Courts
Ian Mitchell, BCC Executive Manager
Mike Sheffield, Business Operations Manager - CMO
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COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
April 26, 2011
9:00 AM
Fred W. Coyle - BCC Chairman; Commissioner, District 4
Jim Coletta - BCC Vice-Chairman; Commissioner, District 5; CRAB Chairman
Donna Fiala - BCC Commissioner, District 1; CRAB Vice-Chairman
Georgia Hiller - BCC Commissioner, District 2
Tom Henning - BCC Commissioner, District 3
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE
EXECUTIVE MANAGER TO THE BCC PRIOR TO 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.
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April 26, 2011
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDING 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, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Richard Rogers - Unity of Naples 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. March 8, 2011 - BCC/Regular Meeting Minutes
C. March 22, 2011 - BCC/Regular Meeting Minutes
D. April 4, 2011 - BCCN alue Adjustment Board Minutes
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April 26, 2011
E. April 6, 2011 - BCC/Parks and Recreation Master Plan Community
Meeting
3. SERVICE AWARDS - EMPLOYEE
A. 20 Year Attendees
1) Debbi Maxon, Housing, Human & Veteran Services
2) Laurie McKenney, EMS
B. 25 Year Attendees
1) Richard D'Orazio, EMS
2) Walter Kopka II, EMS
C. 30 Year Attendees
1) Ricardo Garcia, EMS
2) Martha Ginter, EMS
3) David Kitchen, EMS
4) Thomas Maguire, EMS
4. PROCLAMATIONS
A. Proclamation designating April as Parkinson's Disease Awareness
Month in Collier County. To be accepted by Michael and Gretchen Church.
Sponsored by Commissioner Fiala.
B. Proclamation congratulating IslandWalk for receiving the Community
of the Year Award. To be accepted by Steve Anderson, Town Manager;
Bonnie McNeill, Activities Director; Henry Nardone, External Community
Affairs; Jeanie Bicanich, HOA President 2011; Roger Simm, HOA
President, 2010; Tim McKowen, HOA Treasurer, Connie Greeley, Jerry
Greeley and Roger Stanfield. Sponsored by Commissioner Henning.
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April 26, 2011
c. Proclamation designating April 10 through April 16, 2011 as National
Volunteer Week in Collier County. To be accepted by Mary Margaret
Gruszka, Volunteer Coordinator for the Museum and other Volunteer
Coordinators from the Public Services Division and their volunteers.
Sponsored by Commissioner Coletta.
D. Proclamation designating May 7 through May 13,2011 as Tourism
Week in Collier County. To be accepted by Jack Wert, Tourism Director.
Sponsored by Commissioner Hiller.
E. Proclamation designating April 2011 as Drowning Prevention Month.
To be accepted by Dr. Todd Vedder, Chairman of the Safe & Healthy
Children's Coalition of Collier County. Sponsored by Commissioner
Coletta.
F. Proclamation congratulating Whole Foods Market for their continued
contributions and efforts in recycling and Going Green mission. To be
accepted by Dan Rodriguez, Solid Waste Management Director; Michael
Muskat, Manager; Jessica Varnes, Marketing Team Leader and staff from
Whole Foods Market. Sponsored by Commissioner Hiller.
G. Proclamation designating May 2011 as SCORE Naples Chapter Month.
To be accepted by George Ahearn and Chick Heithaus. Sponsored by
Commissioner Coletta.
5. PRESENTATIONS
A. Recommendation to recognize Jean Jourdan, Project Manager,
Bayshore Gateway Triangle Community Redevelopment Agency, as the
Employee of the Month for March 2011.
B. A presentation to recognize Collier County Housing, Human and
Veteran Services, in partnership with Fun Time Early Childhood Academy,
for the 2011 National Community Development Association, Gabe
Zimmerman Award, for an excellent community development project
utilizing Community Development Block Grant funds distributed by the US
Department of Housing and Urban Development.
6. PUBLIC PETITIONS
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April 26, 2011
Item 7 and 8 to be heard no sooner than 1:00 pm unless otherwise noted.
7. BOARD OF ZONING APPEALS
A. This item has been continued from the April 12, 2011 BCC meetin{!.
This item requires that ex parte disclosure be provided bv Commission
members. Should a hearin{! be held on this item, all participants are
required to be sworn in. DOA-PL20l0-l052: Olde Cypress
Development, L TD and Vita Pima, LLC, represented by Chris Mitchell
of Waldrop Engineering, P.A. and Richard D. Yovanovich of Coleman,
Y ovanovich & Koester, P.A., is requesting a change to the previously
approved Olde Cypress Development of Regional Impact DR!, in
accordance with Florida Statutes, Subsection 380.06(19). The proposed
modifications will add 63.9 acres into the DR! boundary, amend Map H,
and remove the 3.9 acre park requirement to incorporate this change.
The subject property consisting of 602:l:: acres is located in Sections 21
and 22, Range 48 South, Township 26 East, Collier County, Florida.
(Companion to PUDZ-PL20l0-l054 and PUDA-PL20l0-388)
8. ADVERTISED PUBLIC HEARINGS
A. This item has been continued from the April 12, 2011 BCC meetin{!.
This item requires that ex parte disclosure be provided bv Commission
members. Should a hearin{! be held on this item, all participants are
required to be sworn in. PUDZ-PL20l0-l054: Vita Pima, LLC,
represented by Christopher R. Mitchell, P.E. of Waldrop Engineering, P.A.,
and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester,
P.A., is requesting a Rezone from the Residential Planned Unit Development
(RPUD) zoning district with a Special Treatment (ST) Overlay for a project
that is known as the HD Development RPUD, and the Agricultural (A)
zoning district, to the RPUD zoning district to allow for development of a
maximum of 125 single-family residential units and 33 multi-family units,
and associated accessory uses. The 65.29:l:: acre subject property is located
along the north side of Immokalee Road (CR 846) approximately 330 feet
east of Olde Cypress Boulevard in Section 21, Township 48 South, Range
26 East, Collier County, Florida. (Companion to DOA-PL20l0-l052 and
PUDA-PL2010-388)
B. This item has been continued from the April 12, 2011 BCC meetin{!.
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April 26, 2011
This item requires that ex parte disclosure be provided by Commission
members. Should a hearin{! be held on this item, all participants are
required to be sworn in. PUDA-PL2010-388, Olde Cypress Development,
LTD, represented by Chris Mitchell of Waldrop Engineering, P.A. and
Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A.,
is requesting a PUD Amendment for the Olde Cypress PUD. The PUD
Amendment request is to reduce the project density from 1,100 dwelling
units to 942 dwelling units and remove the requirements of trails and a park
(3.9 acres minimum) within the Olde Cypress PUD/DRI. The subject
property is located in the Olde Cypress subdivision, Sections 21 and 22,
Township 48 South, Range 26 East, Collier County, Florida. (Companion to:
DOA-PL2010-l052, Olde Cypress DRI and PUDZ-PL20l0-1054, HD
Development RPUD)
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Bayshore/Gateway Triangle Local
Redevelopment Advisory Board.
B. This item to be heard at 11:30 a.m. To discuss a private developer's
closure of Mamie Street and the resulting cutting off of access to the
historical Ted Smallwood's Store and other residents of Chokoloskee and to
recommend that the Board direct the County Attorney's Office to work with
staff and Commissioner Coletta to investigate and review this matter,
attempt to amicably resolve the issue, and report back to the Board for
further direction. (Commissioner Coletta)
C. Authorize the Chairman to sign a Resolution urging NCH, TRICARE
and Humana to resolve their differences and encourage our elected, federal
representatives to intervene to ensure fair reimbursement rates to medical
providers through the TRICARE system and quality health care to our
deserving active and retired military personnel. (Commissioner Coyle)
10. COUNTY MANAGER'S REPORT
A. Recommendation to approve criteria for establishing new district
boundaries for the Board of County Commissioners. (David Weeks,
Manager, Growth Management Division)
B. Recommendation to consider determining a valid public emergency and
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April 26, 2011
directing the County Manager or designee to proceed with a re-evaluation of
the FEMA-designated floodplain using the 2010 LiDAR and approve all
necessary budget amendments. (Fiscal impact $400,250) (Nick
Casalanguida, Deputy Administrator, Growth Management Division)
C. This item has been continued from the April 12, 2011 BCC meetin{!.
Recommendation to enter into a contract for services for AIM Engineering
to complete a feasibility study with conceptual plans for pedestrian or
bicycle facilities at the 1-75 and Immokalee Road Interchange in the amount
up to $315,000 (FDOT Project #416237-1-38-01). (Nick Casalanguida,
Deputy Administrator, Growth Management Division)
D. This item to be heard at 1 :00 p.m. Recommendation to acknowledge and
accept the changes in protocols instituted by the Collier County Medical
Director. (Dan Summers, Director, Bureau of Emergency Services)
E. This item continued from the April 12, 2011 BCC Meetin{!. Request to
reconsider the award ofRFP #10-5450 - Asphalt Roadway, Concrete, Curb,
Sidewalk and Driveway Installations. (Estimated annual expense is
$2,000,000) (Steve Carnell, Purchasing Director)
F. Recommendation to authorize budget amendments reallocating
$4,511,627.84 from existing growth related projects to Park Impact Fee
Fund 346 reserves for future debt service and other priority Park projects.
(Marla Ramsey, Public Services Administrator)
G. This item to be heard at 11:00 a.m. Recommendation to approve time
and material Work Order to PBS&J under Contract #09-5262-CZ to develop
locally-relevant and site-specific alternative water quality criteria for the
Clam Bay estuary and provide continued technical support for the next 6
months to the Clam Bay technical work team as outlined in the attached
PBS&J proposal dated March 7, 2011 not to exceed $77,148. (Gary
McAlpin, Coastal Zone Management Director)
11. COUNTY ATTORNEY'S REPORT
12. OTHER CONSTITUTIONAL OFFICERS
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April 26, 2011
13. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
14. PUBLIC COMMENTS ON GENERAL TOPICS
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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A. GROWTH MANAGEMENT DIVISION
1) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Twin Eagles, Phase One
with the roadway and drainage improvements being privately
maintained and authorizing the release of the maintenance security.
2) Recommendation to approve an impact fee reimbursement requested
by EverBank for the Lusso Villas CondominiumNillas Pienza II
project, totaling $40,297.24, due to the downward revision to a
building permit.
3) Recommendation to implement an auto-dialer system and additional
options to assist in eliminating illegal signage use. (Estimated fiscal
impact $800)
4) Recommendation to approve final acceptance of the water utility
facility for North Collier Regional Park, 15000 Livingston Road, and
to authorize the County Manager, or his designee, to release any
Utilities Performance Security to the Project Engineer or the
Developer's designated agent.
5) Recommendation to accept a Speed Limit Study Report and adopt a
Resolution of the Board of County Commissioners of Collier County,
Florida, authorizing a speed limit increase from thirty miles per hour
(30 mph) to thirty-five miles per hour (35 mph) on Vanderbilt Drive
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April 26, 2011
from 500 feet south of to 500 feet north of the Big Horse Pass Bridge
(Bridge No. 30176) at a cost of approximately $200.
6) Recommendation to terminate the contract awarded to Atkins North
America, Inc. d/b/a Post, Buckley, Schuh & Jernigan, Inc. ("PBS&J")
for "Professional CEI Services for SR84 from Radio Road to CR 951"
Contract No. 07-3947, Project No. 60073; and, to terminate the
contract awarded to KCCS, Inc. for "Professional CEI Services for
Collier Boulevard from US 41 to Main Golden Gate Canal" Contract
No. 06-3947, Project No. 60001.
7) Request for authorization to advertise a proposed amendment to
Collier County Ordinance No. 2006-56, the Rock Road Improvement
Municipal Service Taxing Unit, to amend the geographical boundaries
of the MSTU to remove two properties that no longer derive benefit
from the MSTU's stated purpose, to add properties determined to
derive benefit, and to create an advisory committee to provide input to
county staff as to future projects within the MSTU.
8) Recommendation to execute the attached Supplemental Agreement to
the Joint Participation Agreement (JP A) between the Florida
Department of Transportation (FDOT) and Collier County to provide
the final installment of funding in the amount of $30 I ,600 in FDOT
Fiscal Year 2010/2011 for the Collier Area Transit (CAT) Intermodal
Transfer facility at the Government Center, and approve a budget
amendment to recognize these funds.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation for the Community Redevelopment Agency (CRA)
to approve a Request for Proposal (RFP) scope of work to permit the
Bayshore/Gateway Triangle CRA to inquire if builders have an
interest in purchasing CRA owned land for the purpose of building
single-family homes; approve the Executive Director's advertisement
of the RFP through the Purchasing Department and return with
recommendations.
2) Recommendation for the Community Redevelopment Agency (CRA)
to approve a zero dollar change and modification to an approved
Shoreline Stabilization Grant Application between the CRA and a
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April 26, 2011
Grant Applicant. (2736 Riverview Drive and 2772 Riverview Drive)
Fiscal Impact: None.
C. PUBLIC UTILITIES DIVISION
1) Recommendation to approve Satisfactions of Lien for the 1991, 1992,
1993, 1994, 1995, and 1996 Solid Waste Collection and Disposal
Services Special Assessments where the county has received payment
in full satisfaction of the liens. Fiscal impact is $158.50 to record the
Satisfactions of Lien.
2) Recommendation to a) approve a Utility Work Agreement and a
Utility Work by Highway Contractor Agreement with the Florida
Department of Transportation for the relocation of water and
wastewater lines to facilitate the widening of State Route 84 (Davis
Boulevard); b) approve two Florida Department of Transportation
standard form resolutions authorizing the Chairman of the Board of
County Commissioners to execute each agreement; and c) approve the
requisite budget amendment.
3) Recommendation to approve a Hazard Mitigation Grant Program
contract, Agreement Number 11HM-3E-09-21-01-026, with the State
of Florida, Division of Emergency Management, in the amount of
$240,000, to apply towards the costs associated with the installation
of 1,430 linear feet of six-inch High Density Polyethylene leachate
pipe at the Collier County Landfill; and, to authorize the
corresponding budget amendments.
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve and authorize the Chairman to sign two
(2) releases oflien for deferral of Collier County impact fees for
owner occupied affordable housing dwelling units that have been
repaid and authorize refund of overpayment in the amount of
$2,424.41 to U.S. Department of Agriculture, Rural Development.
2) Recommendation to approve and authorize the Chairman to sign a
modification to Disaster Recovery Initiative Agreement #10DB-D4-
09-21-01-K09 between the Florida Department of Community Affairs
and Collier County to reallocate portions of the funds among and
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April 26, 2011
within the projects of the grant, update budget documents, work plans,
number of beneficiaries, project numeration and sign associated
subrecipient agreement amendments.
3) To approve and authorize the Chairman to sign an amendment to the
St. Matthew's House Subrecipient Agreement for the U.S.
Department of Housing and Urban Development (HUD) Continuum
of Care (CoC) Grant approved by the Board on October 27,2009,
Item # 16D5. This amendment will allow for a revision of the
agreement's budget in Exhibit A by moving funds between line items
to allow St. Matthew's House to more fully expend grant funds. The
total CoC grant amount remains unchanged.
4) Recommendation to approve and execute documents necessary for the
conveyance of the water utility infrastructure located at North Collier
Regional Park to the Collier County Water-Sewer District, at a cost
not to exceed $200, Project #80602.
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to award ITB #11-5643, "Air Filtration Services,"
to Con-Air Industries, Inc., for an estimated annual amount of
$175,000.
2) Recommendation to approve and authorize the Chairman to sign the
Assumption Agreement from Beck Disaster Recovery, Inc. to Science
Applications International Corporation for FEMA Acceptable
Monitoring for Disaster Generated Debris.
3) Recommendation to approve Request for Proposal (RFP) #10-5571
Environmental and Biological Studies and authorize the execution of
contracts to Turrell, Hall and Associates, Inc, Boylan Environmental
Consultants Inc, W. Dexter Bender and Associates, Passarella &
Associates in an estimated annual amount of $500,000.
F. COUNTY MANAGER OPERATIONS
1) Report to the Board of County Commissioners covering budget
amendments impacting reserves in an amount totaling $25,000 or less.
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April 26, 2011
2) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2010-11 Adopted Budget.
3) Recommendation to approve a budget amendment in the amount of
$25,000 together with a Memorandum of Understanding (MOU)
implementing the Board's direction to provide funding to the Early
Learning Coalition of Southwest Florida, Inc. (Coalition)
G. AIRPORT AUTHORITY
1) Recommendation that the Board of County Commissioners (BCC),
acting as the Airport Authority, approve and authorize the Chairman
to execute the attached Memorandum of Understanding between the
Airport Authority and Collier County Parks and Recreation
Department for use of approximately 305,000 square feet at the
Immokalee Regional Airport for passive recreational purposes.
2) Recommendation to approve a budget amendment for $11,750 for
engineering services needed to comply with South Florida Water
Management District permit requirements at the Immokalee Regional
Airport.
H. BOARD OF COUNTY COMMISSIONERS
1) Proclamation designating May 5,2011 as National Day of Prayer.
Commissioner Coletta will be delivering the proclamation on the steps
of Everglades City Hall May 5,2011.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation that the Board authorize the Chairman to sign
Amendment Two with clarifying language to the Interlocal
Agreement between the Board of County Commissioners and the
Clerk of the Circuit Court for Collier County, Florida.
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April 26, 2011
2) Pursuant to Florida Statute 318.l8(13)(b) the Clerk of the Circuit
Court is required to file the amount of traffic infraction surcharges
collected under Florida Statute 318.18(13)(a)(1) with the Board of
County Commissioners.
3) To obtain Board approval for disbursements for the period of March
26, 2011 through April I, 2011 and for submission into the official
records of the Board.
4) To obtain Board approval for disbursements for the period of April 2,
2011 through April 8, 2011 and for submission into the official
records of the Board.
K. COUNTY ATTORNEY
1) Recommendation to approve a Stipulated Final Judgment for Parcels
105 and 705 in the amount of $200,000 in the lawsuit styled Collier
County v. Highland Properties of Lee and Collier Limited, et al., Case
No. 06-0563-CA (Santa Barbara Boulevard Project #62081). (Fiscal
Impact: $109,965)
2) Recommendation to authorize a counteroffer of$25,000 to the
business damage claim made by 951 Petroleum Corp. for Parcels
109FEE2 and 109TCE2 in the lawsuit styled Collier County v. A L
Subs, Inc., et al., Case No. 10-3562-CA (Collier Boulevard Project
60092) (Fiscal Impact $25,000).
3) Recommendation to authorize the County Attorney to advertise and
bring back for future consideration an amendment to Ordinance No.
1975-16, as amended, relating to the placement and presentation of
matters on the official agenda.
4) Recommendation to authorize the County Attorney to advertise an
ordinance for future consideration which would amend Ordinance No.
76-48, as amended, which regulates the use of County parks, by
eliminating the prohibition against the possession, transport, or
discharge of a firearm as such regulatory authority has been
preempted by Section 790.33(1), Florida Statutes.
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April 26, 2011
5) Recommendation to authorize the County Attorney to advertise an
ordinance for future consideration which would amend the Collier
County Ethics Ordinance (Ordinance No. 03-53, as amended), to
provide the opportunity for Commissioners to attend charitable
functions and pay for only the actual cost to attend the event.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 20 I 0-11 Adopted Budget.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA
SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-
8383.
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April 26, 2011
April 26, 2011
CHAIRMAN COYLE: We have a live mike?
MR. SHEFFIELD: Yes, sir.
CHAIRMAN COYLE: Okay. Ladies and Gentlemen, the Board
of County Commission Meeting is now in session.
Would you please stand for the invocation by Reverend Richard
Rogers of the Unity of Naples Church.
Item #lA
INVOCATION AND PLEDGE OF ALLEGIANCE - REVEREND
RICHARD ROGERS FROM THE UNITY OF NAPLES CHURCH
REVEREND ROGERS: And today we give thanks for the
activity of God that is right here in this very place, we give thanks for
the guidance and the wisdom that allows us to make good decisions in
all matters, we give thanks for the goodheartedness and the love and
compassion of God to guide us in every decision, and we give thanks
that in all things we can trust our God.
In God we trust. No matter what the situation, no matter what the
condition, in God we trust.
And we give thanks for a sense of humor, to remember that in all
things God is in charge, and so it is. In the name and to the power of
that beautiful God presence, we say, "Thank you, God," and so it is.
Amen.
CHAIRMAN COYLE: Please remain standing for the Pledge of
Allegiance.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN COYLE: Okay. County Manager, if you will take
us through the changes to the agenda, please.
Item #2A
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April 26, 2011
TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA AS
AMENDED - APPROVED AND/OR ADOPTED W/CHANGES
MR.OCHS: Yes, sir. Good morning, Commissioners.
CHAIRMAN COYLE: Good morning.
MR. OCHS: These are the agenda changes for the Board of
County Commissioners' meeting of April 26, 2011.
First change is to withdraw Item 10E. It's a continued item from
your April 12th BCC meeting. It's a request to reconsider an award of
asphalt, concrete, and sidewalk installation contract. This is being
withdrawn at staffs request.
Next item is to move Item 16F3. It will become Item IOH on
your agenda. It's a recommendation to approve a budget amendment
and a memorandum of understanding with the Early Learning
Coalition of Southwest Florida. That item was moved at
Commissioner Coyle's request.
Next change is to move Item 16A5. It will become Item 101 on
your regular agenda. It's a recommendation to accept a speed-limit
study report on a section of Vanderbilt Drive. That item is moved at
Commissioner Hiller's request.
Next change is to move Item 16Gl from your consent agenda to
the regular agenda, becoming Item 13A under your Airport Authority.
It's a recommendation for the board, acting as the Airport Authority,
to approve a memorandum of understanding between the Airport
Authority and Collier County Parks and Recreation Department.
And then you have three time-certains on your agenda today,
Commissioners. At 11 :00 a.m. you will hear the Clam Bay
water-quality-study item. At 11 :30 a.m. you will hear the Smallwood
Store item, which is Item 9B on your agenda. And Item 10D will be
heard at 1 :00 p.m. That is an item asking the board to accept recent
protocol changes in your EMS Department recommended by your
Medical Director.
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April 26, 2011
Those are all the changes I have, Mr. Chairman.
CHAIRMAN COYLE: Okay. Thank you very much, County
Manager.
County Attorney?
MR. KLATZKOW: No changes, sir.
CHAIRMAN COYLE: Okay. Then we'll go to commissioners,
and we'll begin with -- well, we won't begin with Commissioner
Henning today . We'll begin with Commissioner Coletta.
COMMISSIONER COLETTA: Thank you, sir, and good
.
mornIng.
CHAIRMAN COYLE: Good morning.
COMMISSIONER COLETTA: And give me one second to get
to my page here. On the -- I have nothing to declare on the consent or
summary agenda, and no changes to the agenda today.
Thank you.
CHAIRMAN COYLE: Thank you very much. I have no ex
parte disclosures for the consent or summary agenda today, but I
would like to ask that Item 9C be continued until our next meeting.
9C was a resolution which I had introduced for the board's
consideration to assist in resolving problems with the health care
provided by our active duty and retired military personnel by the
Tri-care System.
I met yesterday with representatives from the Naples Community
Hospital. It appears that there is additional information which would
be appropriate, and I would like to update the resolution and also to
inform the members of the military community about that meeting.
And, consequently, I would like to ask that it be postponed or
continued until the next meeting.
And I have no further changes to the agenda.
Commissioner Fiala.
COMMISSIONER FIALA: Yes. I have no ex parte on the
consent nor the summary agenda, and I have no changes or corrections
Page 4
April 26, 2011
to the agenda itself.
CHAIRMAN COYLE: Thank you.
Commissioner Hiller?
COMMISSIONER HILLER: I have no changes to the agenda. I
have ex parte on 7 A, meetings, emails, and calls, and on 8A and B, I
have meetings, correspondence, and emails.
CHAIRMAN COYLE: Okay. Thank you very much.
COMMISSIONER HILLER: And I just also want to add that I
also spoke with Dr. Weiss ofNCH with respect to the item that you're
continuing, Commissioner Coyle, and he expressed to me that the
Naples Daily News incorrectly reported how they're handling this
situation.
So I would ask that the Naples Daily News, you know, correct
their reporting because I think they have unnecessarily caused concern
to many of our military as a result of, I guess, the error in reporting,
from what I understand.
CHAIRMAN COYLE: Yeah, there is a problem, but it has to be
resolved, and we're working toward resolution, but nevertheless.
Any comments by anyone?
COMMISSIONER FIALA: Motion to approve the agenda.
CHAIRMAN COYLE: Okay.
COMMISSIONER HILLER: Second.
CHAIRMAN COYLE: Motion by Commissioner Fiala to
approve the agenda, seconded by Commissioner Hiller.
COMMISSIONER COLETTA: Motion to approve the--
CHAIRMAN COYLE: Oh, let me --
COMMISSIONER COLETTA: I'm sorry.
CHAIRMAN COYLE: Let me get a vote on this part.
COMMISSIONER COLETTA: Okay, sir.
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HILLER: Aye.
Page 5
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: (Absent.)
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: It is approved unanimously.
Page 6
April 26, 2011
Agenda Changes
Board of County Commissioners Meeting
April 26, 2011
Withdraw Item 10E: This item continuedfrom the April 12, 2011 Bee Meeting.
Request to reconsider the award of RFP 10-5450 - Asphalt Roadway, Concrete, Curb,
Sidewalk and Driveway Installations. (Estimated annual expense is $2,000,000). (Staff's
request based on the need for more time to reach an acceptable resolution with the Clerk
and the County Attorney)
Move Item 16F3 to Item 10H: Recommendation to approve a budget amendment in
the amount of $25,000 together with a Memorandum of Understanding (MOD)
implementing the Board's direction to provide funding to the Early Learning Coalition of
Southwest Florida, Inc. (Coalition) (Commissioner Coyle's request)
Move Item 16A5 to Item 101: Recommendation to accept a Speed Limit Study Report
and adopt a Resolution of the Board of County Commissioners authorizing a speed limit
increase from thirty miles per hour (30 mph) to thirty-five miles per hour (35 mph) on
Vanderbilt Drive from 500 feet south to 500 feet north of the Big Horse Pass Bridge (Bridge
No. 30176) at a cost of approximately $200. (Commissioner Hiller's request)
Move Item 16G1 to Item 13A: Recommendation that the Board of County
Commissioners (BCC), acting as the Airport Authority, approve and authorize the
Chairman to execute the attached Memorandum of Understanding between the Airport
Authority and Collier County Parks and Recreation Department for use of approximately
305,000 square feet at the Immokalee Regional Airport for passive recreational purposes.
(Commissioner Hiller's request)
Time Certain Items:
Item lOG to be heard at 11:00 a.m.
Item 9B to be heard at 11 :30 a.m.
Item 10D to be heard at 1:00 p.m.
4/26/2011 8:40 AM
April 26, 2011
Item #2B, #2C, #2D and #2E
MINUTES FOR MARCH 8, 2011 - BCC/REGULAR MEETING
MINUTES; MARCH 22, 2011 - BCC/REGULAR MEETING
MINUTES; APRIL 4, 2011-BCC/VALUE ADmSTMENT BOARD
MINUTES; APRIL 6, 2011 - BCC/PARKS AND RECREATION
MASTER PLAN COMMUNITY MEETING - APPROVED
COMMISSIONER COLETTA: Okay. Motion to approve the
March 8, 2011, BCC Regular Meeting Minutes; March 22, 2011, BCC
Regular Meeting Minutes; April 4, 2011, BCC Value Adjustment
Board Minutes; and the April 6, 2011, BCC Parks and Recreation
Master Plan Community Meeting.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Okay. Motion by Commissioner Coletta
to approve all of the meeting minutes, seconded by Commissioners
Fiala.
Any further discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: (Absent.)
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: The minutes are approved unanimously.
Item #3A
Page 7
April 26, 2011
SERVICE AWARDS - 20 YEAR ATTENDEES: DEBBIE MAXON,
HOUSING, HUMAN & VETERAN SERVICES AND LAURIE
MCKENNEY, EMS - PRESENTED
CHAIRMAN COYLE: That brings us to Service Awards,
County Manager.
MR. OCHS: Yes, sir. Commissioners, will you be joining us in
front of the dais, please.
CHAIRMAN COYLE: Okay.
MR. OCHS: Commissioners, we're pleased to have several
employees here this morning celebrating many years of dedicated
service to Collier County.
We'll begin with our 20-year service awardees. First awardee for
20 years of service is Debbi Maxon with our Housing, Human, and
Veterans Services Department. Debbi.
(Applause.)
COMMISSIONER COLETTA: Are you buying lunch?
CHAIRMAN COYLE: You have your own cheedeading
section.
COMMISSIONER COLETTA: Thank you so much.
CHAIRMAN COYLE: Congratulations.
MR. OCHS: Congratulations.
(Applause.)
MR. OCHS: Celebrating 20 years of service with our EMS
Department is Laurie McKenney. Laurie?
(Applause.)
MR.OCHS: Laurie's not here this morning.
Item #3B
SERVICE AWARDS - 25 YEAR ATTENDEES: RICHARD
D'ORAZIO, EMS AND W ALTER KOPKA II, EMS - PRESENTED
Page 8
April 26, 2011
MR.OCHS: Commissioners, that takes us to our 25-year service
awardees. For 25 years of service with EMS, Rich D'Orazio.
(Applause.)
CHAIRMAN COYLE: Good morning. Rich, thank you very
much for your years of service.
COMMISSIONER FIALA: Thanks for your service.
MR.OCHS: Rich and I both had black hair when we started.
(Applause.)
MR. OCHS: Also celebrating 25 years of service with EMS,
Walter Kopka.
(Applause.)
MR. OCHS: Get your picture.
(Applause.)
Item #3C
SERVICE AWARDS - 30 YEAR ATTENDEES (ALL FROM EMS):
RICHARDO GARCIA, MARTHA GINTER, DAVID KITCHEN,
AND THOMAS MAGUIRE- PRESENTED
MR. OCHS: Commissioners, we're pleased to recognize three
employees this morning with 30 years of service.
Rich Garcia is not able to be here today. He is also celebrating
30 years of service.
Our next awardee is Marty Ginter from EMS, 30 years of service.
(Applause.)
CHAIRMAN COYLE: Congratulations, Marty. Thank you very
much for your 30 years of service.
(Applause.)
MR.OCHS: Also 30 years of service with EMS, Dave Kitchen.
Is Dave here this morning?
Page 9
April 26, 2011
(No response.)
MR.OCHS: Nope, sorry.
Our last service awardee, again, 30 years of service with our
Emergency Medical Services department, Tom Maguire.
(Applause.)
CHAIRMAN COYLE: Good morning, Tom. Thank you very
much for your years of service.
COMMISSIONER COLETTA: Thank you.
COMMISSIONER HILLER: Congratulations.
(Applause.)
MR.OCHS: That concludes our service awards this morning,
Commissioners.
Item #4 (One Motion Taken to Adopt All Proclamations)
Item #4A (One Motion Taken to Adopt All Proclamations)
PROCLAMATION DESIGNATING APRIL AS PARKINSON'S
DISEASE AWARENESS MONTH IN COLLIER COUNTY.
ACCEPTED BY MICHAEL AND GRETCHEN CHURCH -
ADOPTED
MR.OCHS: Mr. Chairman, that takes you to Item 4 on your
agenda this morning, proclamations. Item 4A is a proclamation
designating April as Parkinson's Disease Awareness Month in Collier
County. To be accepted by Michael and Gretchen Church. This item
is sponsored by Commissioner Fiala.
Would you please come forward.
(Applause.)
CHAIRMAN COYLE: Hi, Mike. Good to see you.
(Applause.)
Page 10
April 26, 2011
Item #4B
PROCLAMATION CONGRATULATING ISLANDW ALK FOR
RECEIVING THE COMMUNITY OF THE YEAR AWARD.
ACCEPTED BY STEVE ANDERSON, TOWN MANAGER;
BONNIE MCNEILL, ACTIVITIES DIRECTOR; HENRY
NARDONE, EXTERNAL COMMUNITY AFFAIRS; JEANIE
BICANICH, HOA PRESIDENT 2011; ROGER SIMM, HOA
PRESIDENT, 2010; TIM MCKOWEN, HOA TREASURER;
CONNIE GREELEY, JERRY GREELEY AND ROGER
STANFIELD - ADOPTED
MR. OCHS: Item 4 B is a proclamation congratulating Island
Walk for receiving the Community of the Year Award. To be
accepted by Steve Anderson, Town Manager; Bonnie McNeill,
Activities Director; Henry Nardone, External Community Affairs;
Jeanie Bicanich, HOA President 2011; Roger Simm, HOA President,
2010; Tim McKowen, HOA Treasurer; Connie Greeley, Jerry
Greeley; and Roger Stanfield; and this item is sponsored by
Commissioner Henning.
(Applause.)
CHAIRMAN COYLE: Is there anyone left in the community at
all?
it.
COMMISSIONER FIALA: A bunch of happy faces here. I love
CHAIRMAN COYLE: Good morning. Good to see you.
Does someone want to say something?
MS. BICANICH: Oh, I didn't shake your hands.
MR.OCHS: Congratulations.
MR. SHEFFIELD: Congratulations.
MS. BICANICH: Let me take a few moments, if I may.
Thank you, Commissioner Henning, for sponsoring this for us,
Page 11
April 26, 2011
and thank you Board of County Commissioners.
Island Walk is proud to accept this recognition of our recent
accomplishment. Island Walk was awarded the Florida Communities
of Excellence Homeowner Association Community of the Year for
2011 in a statewide, independently judged competition designed to
recognize the hard work and dedication of community associations
throughout the state.
The interesting thing is that Island Walk won not by the
standards of Island Walk, but by the standards set by the Florida's --
Florida Communities of Excellence Program. Island Walk is the only
community in Collier County to win such an award, such a statewide
award.
Island Walk was also finalist in three categories and won two
smaller categories, the Family Friendly Initiatives and a Trendsetter
Award for Outstanding Computer Technology.
There are four factors that contributed to Island Walk winning
this award and put Island Walk -- as we feel put Island Walk on the
map as one of the best in community living.
The first factor was the insightful leadership of past boards and
committees within Island Walk and their forward-thinking decisions.
The second is the spirit of the community of Island Walk and the
volunteering of tens of thousands of hours each year of volunteers.
The third is the Island Walk volunteers and our management
company working side by side to accomplish all that we've
accomplished.
And then the fourth is the recent Island Walk communities of
excellence committee, most of the folks that came up and helped
receive the award today, who used their skills to pull together the
history of Island Walk accomplishments from the past decade, and
they are credited for the strength of the submissions for the
competition with nine categories of competition that we submitted in
areas such as financial innovation, energy, and water conservation,
Page 12
April 26, 2011
disaster preparedness, plus the two categories that Island Walk won.
Island Walk is very proud of its beautiful community of 1,856
homes, a community of harmonious living, reasonable assessments,
property values, and no debt, with amenities that are second to none,
such as a resort pool, a lap pool, a well-appointed fitness center, a
beautiful community center, eight Har- Tru tennis courts, plus various
other amenities all situated on 705 acres of beautifully landscaped
grounds. And this is a place that many of us refer to as paradise.
So I thank you, the Board of County Commissioners, and
especially Commissioner Henning for recognizing the recent
accomplishments of the great community of Island Walk, Naples,
Florida. Thank you.
CHAIRMAN COYLE: Thank you.
Item #4C
PROCLAMATION DESIGNATING APRIL 10 THROUGH APRIL
16,2011 AS NATIONAL VOLUNTEER WEEK IN COLLIER
COUNTY. ACCEPTED BY MARY MARGARET GRUSZKA,
VOLUNTEER COORDINATOR FOR THE MUSEUM AND
OTHER VOLUNTEER COORDINATORS FROM THE PUBLIC
SERVICES DIVISION AND THEIR VOLUNTEERS - ADOPTED
MR. OCHS: 4C is a proclamation designating April 10 through
16,2011, as National Volunteer Week in Collier County. To be
accepted by Mary Margaret Gruszka, Volunteer Coordinator for the
Museum, and other volunteer coordinators from the Public Services
Division and their volunteers. This item is sponsored by
Commissioner Coletta. Please come forward.
(Applause.)
CHAIRMAN COYLE: Who is going to accept the
proclamation?
Page 13
April 26, 2011
MR.OCHS: Mary Margaret.
CHAIRMAN COYLE: All right. There you go.
COMMISSIONER FIALA: I just need to say, what would we do
without volunteers? I mean, they're the backbone of our entire
community, right?
COMMISSIONER COLETTA: You've been a volunteer 90
percent of your life.
COMMISSIONER FIALA: So have you.
(Applause.)
MS. GRUSZKA: Mary Margaret Gruszka, Volunteer
Coordinator for the Collier County Museums.
Thank you for the opportunity, Commissioners and Manager, Mr.
Ochs, for allowing us this opportunity to recognize the over 3,000
volunteers that we have here in Collier County government.
We couldn't do what we do in all of the departments that we have
which are mentioned in the proclamation such as DAS, Parks and Rec,
Museums, Libraries, RSVP, and the list goes on and on.
We couldn't accomplish what we do without the help of these
volunteers. It's also mentioned in the proclamation that we have saved
over $3 million, over $3 million, and we couldn't do this without the
Collier County residents over -- some of which are full time and some
are part time, because of all of the hours that they donate to our
various departments.
Some time ago the Naples Daily News sent out a request asking,
"What is the spirit of Naples" but I think that we can easily say that in
Collier County, the spirit of Collier County lies within our volunteers.
Thank you.
(Applause.)
CHAIRMAN COYLE: Mary Margaret, did you authorize
anybody else to speak, too?
MS. GRUSZKA: I wasn't the one doing the authorizing, but
anybody who wants to.
Page 14
April 26, 2011
CHAIRMAN COYLE: Okay.
MS. JOHNSON: I just wanted to identify us. We are the Beach
Birds, and we've been in existence over 20 years. We're volunteers
ages 61 to 95. We have sing-alongs in 11 various assisted-living
locations around the city, and we recognize them for their birthdays,
for their service. We -- I give a red, white, and blue lap cover to the
oldest veteran in each location and lots of hugs.
And, anyway, we get them involved. They're in the wheelchairs
like this (indicating) when we come in, and they're like this
(indicating) when we -- because we shake our maracas and everything
else we've got. We blow bubbles, we toot horns for the -- anyway,
we're the Saints Go Marching In, but I tell them we're not saints. But
anyway, we're there to give them a good time, and we love to give
hugs, so that's what we're all about.
CHAIRMAN COYLE: Thank you very much for the work you
do.
(Applause.)
CHAIRMAN COYLE: And which one of you is 95?
MS. JOHNSON: I'm 82.
CHAIRMAN COYLE: You look much younger than that.
MS. JOHNSON: I act it, too.
Item #4D
PROCLAMATION DESIGNATING MAY 7 THROUGH MAY 13,
2011 AS TOURISM WEEK IN COLLIER COUNTY. ACCEPTED
BY JACK WERT, TOURISM DIRECTOR - ADOPTED
MR. OCHS: Commissioners, that takes us to Item 4 D on your
agenda. It's a proclamation designating May 7 through May 13,2011,
as Tourism Week in Collier County. To be accepted by Jack Wert,
tourism director. This item sponsored by Commissioner Hiller.
Page 15
April 26, 2011
Jack?
(Applause.)
COMMISSIONER FIALA: Thanks, Jack.
COMMISSIONER HILLER: Congratulations, Jack.
COMMISSIONER COLETTA: Jack.
CHAIRMAN COYLE: You cannot speak until you get your
picture taken.
COMMISSIONER COLETTA: That's part of the historical part
of the meeting.
MR. WERT: Okay. Thank you. Commissioners, good morning.
I just was very anxious to say thank you.
And on behalf of the nearly 30,000 citizens of Collier County
that are involved in the hospitality and tourism industry, thank you so
much for this recognition. It's really wonderful to get that.
We will be actually presenting this proclamation as part of our
Annual Tourism Awards Luncheon on May 11th at the Marco Island
Marriott. We're going to be honoring over a hundred of our stars in
our community who go above and beyond to deliver great service to
our visitors.
So, again, thank you so much. Appreciate it.
CHAIRMAN COYLE: Thank you, Jack.
(Applause.)
COMMISSIONER HILLER: And if I may, I just want to add,
tourism is our most important industry. It contributes a billion dollars
in economic impact a year and is the single largest employer in Collier
County, so we value the contribution that tourism makes to making
this truly paradise.
Item #4E
PROCLAMATION DESIGNATING APRIL 2011 AS DROWNING
PREVENTION MONTH. ACCEPTED BY DR. TODD VEDDER,
Page 16
April 26, 2011
CHAIRMAN OF THE SAFE & HEAL THY CHILDREN'S
COALITION OF COLLIER COUNTY - ADOPTED
MR.OCHS: Item 4E is a proclamation designating April 2011
as Drowning Prevention Month. To be accepted by Dr. Todd Veddar,
Chairman of the Safe and Healthy Children's Coalition of Collier
County, and Dr. Joan Colfer, your own Public Health Director, and a
cast of thousands, and this item is sponsored by Commissioner
Coletta.
(Applause.)
CHAIRMAN COYLE: Somebody going to say something?
DR. VEDDER: Thank you, again, Commissioner Coletta and
the members of the board, for giving the Safety and Healthy Children
Coalition of Collier County an opportunity to share with you our
water-safety efforts.
The proclamation summarizes the problem we have here in
Collier County with drownings. Drowning is the leading cause of --
external cause of mortalities in children ages 1 through 4 between the
years 2005 and 2009, and there's been countless nonfatal drowning
incidents in the county as well.
The proclamation also summarizes what our coalition is doing to
reverse this disturbing trend.
I wanted to take just one moment to do some behind-the-scenes
recognition for some of the public employees who have given
extensive time and effort to the coalition's drowning-prevention
efforts. Bob Metzger from the Golden Gate Fire Department and Pat
Brown from North Naples are recruiting firefighters to attend a
workshop with the National Drowning Prevention Alliance in which
fire department personnel and other community volunteers will
become certified pool and spa safety inspectors, similar in concept to
the highly successful Child Car Seat Safety Technician Program.
Collier County is one of only three sites nationwide to participate
Page 1 7
April 26, 2011
in the NDP As pilot Pool and Spa Safety Inspection Program. Jeff
Page, the chief of EMS, assisted with our water-safety application as
part of the state-sponsored EMS matching grant for injury prevention.
We'll be finding out in June whether we were the recipients of that
grant.
Our fire, police, and EMS departments will have a strong
presence at our April Pools Day event tomorrow. There'll be 150
four- and five-year-olds going through various water-safety stations,
and they're guaranteed to have an incredibly fun learning experience
on behalf of the participation of our EMS, police, and fire groups.
The Parks and Recreation Department has been extremely helpful
in our water-safety efforts. Kerry Runyon and Ilonka Washburn, who
sits on our coalitions board, have been particularly helpful.
Parks and Rec has worked with the YMCA to increase the
outreach of their Splash Week Program which provides free swim
instruction to children during their spring break, and Parks and Rec
also provided the venue for our inaugural April Pools Day event
taking place tomorrow at the Golden Gate aquatic facility, and for this
we're sincerely thankful.
And, finally, the coalition would not be here today if this were
not the sentinel work of Ms. Paula DiGrigoli, our Coalition Vice-Chair
and Health Educator Consultant from the Health Department. Paula
has been the driving force behind nearly every initiate developed by
the coalition, and also thanks to Dr. Joan Colfer for making drowning
prevention a high priority in the Health Department.
We certainly have accomplished much since our coalition's
official unveiling before you-all back in October. Thank you, Dr.
Coletta (sic), for letting us present back then. But to truly say we have
accomplished something, we must see the number of fatal and
nonfatal drowning incidents drop in Collier County. This can only
happen with your ongoing support and commitment.
Thank you very much, again.
Page 18
April 26, 2011
CHAIRMAN COYLE: Thank you for the good work.
(Applause.)
Item #4F
PROCLAMATION CONGRATULATING WHOLE FOODS
MARKET FOR THEIR CONTINUED CONTRIBUTIONS AND
EFFORTS IN RECYCLING AND GOING GREEN MISSION.
ACCEPTED BY DAN RODRIGUEZ, SOLID WASTE
MANAGEMENT DIRECTOR; MICHAEL MUSKAT, MANAGER;
JESSICA VARNES, MARKETING TEAM LEADER AND STAFF
FROM WHOLE FOODS MARKET - ADOPTED
MR.OCHS: Commissioner, Item 4F is a proclamation
congratulating Whole Foods Market for their continued contributions
and efforts in recycling and going green mission. To be accepted by
Dan Rodriguez, Solid Waste Management Director; Michael Muskat,
Manager; Jessica Varnes, Marketing Team Leader; and the staff from
the Whole Foods Market. This item is supported by Commissioner
Hiller.
(Applause.)
CHAIRMAN COYLE: We've got some other things, so each of
you can get something if you'd like. And here's one for you.
Is someone going to say something?
(Applause.)
MS. VARNES: Thank you. I just wanted to briefly say thank
you so much for this. It means a lot to Whole Foods Market.
For the past 30 years, Whole Foods Market has been involved
with the green initiative, and just being honored like this is truly
special. So the whole store is going to see these pictures and will be
so excited when I bring all these things back with me.
But, again, I just wanted to say thank you very much.
Page 19
April 26, 2011
CHAIRMAN COYLE: Thank you.
COMMISSIONER HILLER: Thank you.
(Applause.)
Item #4G
PROCLAMATION DESIGNATING MAY 2011 AS SCORE
NAPLES CHAPTER MONTH. ACCEPTED BY GEORGE
AHEARN AND CHICK HEITHAUS - ADOPTED
MR. OCHS: Item 4G is a proclamation designating May 2011 as
SCORE Naples Chapter Month. To be accepted by George Ahearn
and Chick Heithaus. And this item was sponsored by Commissioner
Coletta.
(Applause.)
MR. HEITHAUS: I was told by Dr. Coletta I could say just a
few words, so that's all I'm going to say.
We really, really appreciate this recognition. I get grief from our
55 very aggressive counselors only when I don't have enough clients.
They're not in it for the recognition, but we're really, really happy to
have it.
In addition to the "thank you," I want to tell you, we don't really
see this as a prize. We see this as an incentive to work even harder,
and we really appreciate it.
COMMISSIONER COLETTA: Yeah. Just a brief comment.
One of the reasons why I've been so supportive of SCORE is back in
my early 20s when I started my first business venture, it was SCORE
that got me on my feet and made that venture successful, and I've
never forgotten that. So any way I can ever assist you in anything you
do, I'll always be there for you.
(Applause.)
MR. HEITHAUS: Thank you very much.
Page 20
April 26, 2011
MR. OCHS: Commissioners, if I could get a motion to approve
the proclamations, please.
CHAIRMAN COYLE: Okay.
COMMISSIONER COLETTA: So moved.
CHAIRMAN COYLE: Motion to approve the proclamations by
Commissioner Coletta.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Second by Commissioner Fiala.
Any discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: (Absent.)
CHAIRMAN COYLE: It passes unanimously.
Item #5A
RECOGNIZING JEAN JOURDAN, PROJECT MANAGER,
BA YSHORE GATEWAY TRIANGLE COMMUNITY
REDEVELOPMENT AGENCY, AS THE EMPLOYEE OF THE
MONTH FOR MARCH 2011 - PRESENTED
MR. OCHS: Commissioners, that moves us to Item 5 on your
agenda; it's presentations. Item 5A this morning is a recommendation
to recognize Jean Jourdan, Project Manager, Bayshore Gateway
Triangle Community Development Agency, as the Employee of the
Month for March 2011.
Jean, please come forward.
Page 21
April 26, 2011
(Applause.)
MR.OCHS: Commissioners, Jean started as a project -- excuse
me -- working with our Collier County Appraiser's Office in 1985. In
198- -- 1997 she transferred to the county manager's agency, and has
been with the Bayshore Gateway Triangle CRA since 2006.
As a project manager, Jean's responsibilities include acquiring
blighted properties for redevelopment and crafting grant programs to
help to improve properties in the CRA boundaries.
Jean works tirelessly to completely revise the CRA's two land
development overlays to ensure that the code was rewritten in a way
that enables growth that the community supports. She was also in
charge of coordinating the highly successful Bayshore Festival of the
Arts Event.
Jean goes above and beyond to serve her local community by
helping them improve and enjoy their neighborhoods, and she is very
-- truly deserving of this award.
Commissioners, it's my honor to present Jean Jourdan, Employee
of the Month for March 2011. Thank you.
(Applause.)
MR.OCHS: Congratulations.
Item #5B
RECOGNIZING THE COLLIER COUNTY HOUSING, HUMAN
AND VETERAN SERVICES, IN PARTNERSHIP WITH FUN
TIME EARLY CHILDHOOD ACADEMY, FOR THE 2011
NATIONAL COMMUNITY DEVELOPMENT ASSOCIATION,
GABE ZIMMERMAN A WARD, FOR AN EXCELLENT
COMMUNITY DEVELOPMENT PROJECT UTILIZING
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
DISTRIBUTED BY THE US DEPARTMENT OF HOUSING AND
Page 22
April 26, 2011
URBAN DEVELOPMENT - PRESENTED
MR.OCHS: 5B is a presentation to recognize Collier County
Housing Human and Veteran Services in partnership with Fun Time
Early Childhood Academy for the 20 11 National Community
Development Association Gabe Zimmerman Award for an excellent
community-development project utilizing Community Development
Block Grant funds distributed by the United States Department of
Housing and Urban Development. Congratulations.
(Applause.)
CHAIRMAN COYLE: Who's going to speak?
MS. KRUMBINE: We are.
CHAIRMAN COYLE: Okay.
MS. KRUMBINE: Thank you, Commissioners. For the record,
Marcy Krumbine, director of Housing, Human, and Veteran Services.
And I never know how to do this. There we go.
We are very honored to accept this award from the National
Community Development Association. It was named Gabe
Zimmerman Award in honor of a young man who lost his life during
the Tucson shootings just a few months ago who was the
public-outreach coordinator for the congressman, and this was an
honor, and his mom happens to be a part of this community
association, so that made it even more worthwhile.
But let me give you a little bit of background information. Most
of you should be familiar with Fun Time Early Childhood Academy.
It was founded in 1961, and its mission is to provide safe, affordable
quality childcare and early education to children of low-income
working families to prepare them for kindergarten, and their slogan is
"Ready to Read, Ready to Learn."
Well, they serve a very diverse audience of children and families
in the River Park and East Naples area, very multi-cultural, and the
parents are typically our service workers throughout the county.
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April 26, 2011
They were located in a 4,200-square- foot double-wide trailer, and
they cared for 51 children from 6:30 in the morning till 5 :30 at night,
served them two hot meals a day with program subsidies, and 12
people work there full time.
Well, we had a little bit of a problem because when Hurricane
Wilma came through, it decapitated the trailer. The roof came off; the
whole trailer was soaked. And although they put it back together, it
was no longer up to the standards that were appropriate for a daycare
facility .
So they came in with a project to replace the trailer. And I'll give
you an idea of some of the funding for the project. And this is a very
good example of why this is a great Community Development Block
Grant project. It meets the national objective, it served low and
moderate- income families, very strong board participation for
fundraising and project management, very good organizational
capacity. It's a sustainable program, meaning once we put the money
into it, the program will keep going on its own, and multiple funding
sources. The Naples Children's Education Foundation, FEMA,
CDBG, other grants and donations, and the school donated the land.
So the project cost was over two and a half million dollars, but the
portion that -- of federal funds was only 275,000, and that's a great
leverage. Every government wants to see that kind of leverage, and so
that was very exciting.
So it gives you an idea of what the project looked like. We put
up a permanent modular building, concrete floor, 8,000 square feet,
and the items that are in red, the site prep, lot fill, paving, those are
items that were paid for, including the demolition and removal of the
old building, with CDBG funds.
So look at the happy faces now in the achievements of this
project. It went from now -- to six classrooms, two staff offices, a
founder's room. The population of children doubled in size. They are
able to serve 84 children now through -- ages 2 through 5. Most of the
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April 26, 2011
students that graduate and go into kindergarten are at the top 20
percent of their class. They're recognized as a quality volunteer pre-K
program, nationally accredited, and they got the Gold Seal of
Excellence.
And, of course, a picture's worth a thousand words. Look at the
smiling faces of the children that are now enjoying this new facility.
It is only appropriate to also recognize this project because this
week is National Community Development Block Grant Week, and
it's for 25 years celebrating the outstanding accomplishments of the
CDBG program on a local level. And this is a very good example,
Commissioners, of how the federal dollars come down and they're
used on a local level to really meet the needs of the citizens here.
So I'd like to thank the staff of Housing, Human, and Veteran
Services. They did an outstanding job monitoring and helping with
this project. Certainly, thank you, Commissioners, for your support
and your agreement, because you agree on these projects. When we
bring them before you, you say "yea" or "nay," and you gave it the
two thumbs up, and also thank the board of Fun Time.
And I'd like to introduce Peter Manion who came to say a few
words as well.
MR. MANION: Thank you, Marcy.
Good morning. My name is Peter Manion, and I'm a board
member of Fun Time Early Childhood Academy. And on behalf of
the board, our staff, and the children we receive (sic), I would like to
thank the Board of County Commissioners and the outstanding staff of
Housing and Human Services, and veterans, now, department for all
the help that you provided on our ability to build this phenomenal
facility.
Our new school opened in January of2009. We are at full
capacity, and our kids are doing very well, as Marcy indicated.
This national award received for this project is a tribute to the
work performed by your HHVS organization and the incredible
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April 26, 2011
positive impact it's had on our community across all organizations that
benefit from the block grants.
We've made a tremendous amount of progress at Fun Time, but
there's a number of organizations within this community who have
benefited by the work that's done by this organization, so thank you
for your support and your help on getting this thing done.
CHAIRMAN COYLE: Thank you very much.
(Applause.)
CHAIRMAN COYLE: Appreciate the work you do, Peter.
Thank you.
MR. MANION: Thank you.
Item #9A
RESOLUTION 2011-82: RE-APPOINTING STEPHEN MAIN AND
LAFAYETTE N. INGRAM III AND, APPOINTING VICKI
TRACY TO THE BA YSHORE/GA TEW A Y TRIANGLE LOCAL
REDEVELOPMENT ADVISORY BOARD - ADOPTED
MR.OCHS: Commissioners, that takes us to Item 9A on your
agenda this morning. It's appointment of members to the Bayshore
Gateway Triangle Local Redevelopment Advisory Board.
COMMISSIONER FIALA: Yes. I would like to -- hold just a
minute and let me see. I would like to nominate Steve Main, Larry
Ingram, Vicki Tracy to take this position, these positions.
CHAIRMAN COYLE: Okay. Motion by Commissioner--
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: -- Fiala to nominate -- or to approve the
committee recommendations.
COMMISSIONER FIALA: No, they weren't the committee
recommendations.
CHAIRMAN COYLE: Oh, I'm sorry. Yes, that's right. That is
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April 26, 2011
correct. To nominate Mr. Ingram --
COMMISSIONER FIALA: Mr. Main.
CHAIRMAN COYLE: -- Steve Main, and Vicki Tracy.
COMMISSIONER FIALA: Uh-huh.
CHAIRMAN COYLE: And it's seconded by Commissioner
Coletta, right?
COMMISSIONER COLETTA: Correct.
CHAIRMAN COYLE: Okay. Any discussion?
(N 0 response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: (Absent.)
CHAIRMAN COYLE: It passes unanimously.
MR. OCHS: Commissioners, Item 9B is going to be heard at
11 :30 this morning.
CHAIRMAN COYLE: Okay.
MR. OCHS: And 9C has been continued to your May 10th
meeting.
Item #10A
APPROVING THE CRITERIA FOR ESTABLISHING NEW
DISTRICT BOUNDARIES FOR THE BOARD OF COUNTY
COMMISSIONERS - MOTION TO ACCEPT THE THREE
PRIMARY CRITERIA WITH A SECONDARY CRITERIA TO
NOT DILUTE BASED ON ETHNIC/RACIAL POPULATION
CONCENTRATION - MOTION NOT CONSIDERED DUE TO
LACK OF SECOND; MOTION TO ACCEPT CRITERIA WITH
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April 26, 2011
CONSIDERATION TO ETHNIC/RACIAL POPULATION
ACCORDING TO CURRENT LAW - APPROVED
MR. OCHS: So that takes us now to Item 10 on your agenda,
County Manager's Report. Item 10A is a recommendation to approve
criteria for establishing new district boundaries for the Board of
County Commissioners. Mr. David Weeks, manager of the Growth
Management Division, will present.
MR. WEEKS: Good morning, Commissioners. For the record, I
am David Weeks of the Comprehensive Planning Section within the
Growth Management Division. And as the county manager's read off,
I'm here today to request your approval to the -- of the criteria outlined
in your executive summary to use to redistrict the county commission
districts.
The Florida Constitution requires that after each decennial census
the Board of County Commissioners is to divide the county into
districts of contiguous territories as nearly equal in population as is
practical with one commissioner residing in each district elected.
And the Florida Statutes also provide for redistricting but provide
that it can only occur during an odd-numbered year. As I'm sure the
commission is aware, there's been a significant amount of growth in
all commission districts since the last redistricting occurred in 2001;
however, the amount of growth has varied widely.
As the table in your executive summary on Page 1 indicates,
there is a broad disparity in the amount of growth. Most particularly
District 3 and 5 have experienced more growth and, therefore, are too
high. We need to balance the population by district to what's called an
ideal or equity population. Conversely, District 4 has experienced the
least amount of growth and needs a significant amount of population
increase. But District 1, 2, and 4 need to become larger. Districts 3
and 5 need to become smaller.
The School Board on March 15th voted to have co-terminus
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April 26, 2011
boundaries with the County Commission Districts, as they did back in
2001 as well.
I would like to point out as well on the record that the population
figures you see in your executive summary in that table on Page 1,
those were independently derived using 2010 census data by GIS staff
persons in the Growth Management Division and by GIS staff person
in the Supervisor of Elections Office.
Commissioners, the specific criteria that we're asking you to
approve is found on Page 3 of the executive summary, and that is the
population of each district should be as similar as possible, all districts
should be as compact and regularly shaped as feasible, and the
incumbent commissioner's residents, and in this case including the
school boards, must remain in his or her current district.
Regarding fiscal impact, there's existing monies within the
budget to accomplish this task. It is a rather labor-intensive task and
expensive in the sense of requiring public notice in three different
languages for each of the meetings that will be held in the community,
and we do intend to hold meetings in each of the five commission
districts, as well as before the Black Affairs Advisory Board and
Hispanic Affairs Advisory Board.
Commissioners, I'd also like to point out that due to the, I'll call
it, sensitive nature of this task, staff is asking that the commissioners
refrain from discussing redistricting -- assuming you give the direction
today to proceed -- refrain from discussing with the staff members that
are involved in the redistricting process -- we certainly want this to be
a nonpartisan, apolitical process -- until the five draft maps have been
prepared.
And the same thing actually goes for the public. That might
seem like, perhaps, an odd request, but staff does not want to be
influenced in any way by outside entities, be it commissioners or be it
citizens in the community. We don't want to know what people's
preferences are until after the maps have been drawn.
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April 26, 2011
Again, I want to go into this as the lead person on this, if you
will, as much of a virgin as I can be.
And with that, Commissioners, we ask --
CHAIRMAN COYLE: That won't last long.
MR. WEEKS: With that, Commissioners, we ask for your
approval of the criteria.
Oh, Commissioners, one more thing I think it's important to note.
Staff is also contracting with an independent law firm to review the
redistricting effort. After staff has drawn the five different maps and
prepared the associated data, we'll have an independent law firm that
has experience in redistricting review our work for accuracy and for
compliance with the criteria that you would approve today, as well as
with the legal requirements. Thank you.
CHAIRMAN COYLE: Okay, thank you.
Commissioner Hiller?
COMMISSIONER HILLER: Yes. Thank you very much, Mr.
Weeks. You bring up an interesting point about communications with
members of the board and the public. Can you share with us to what
extent your staff has already had communications on this subject with
members of the board and the public.
MR. WEEKS : Yes. I have met, I believe, three different times.
First was with the League of Women Voters at their request, and they
-- we discussed the redistricting process. Physically, what is it that
staff does, what meetings will be held, and so forth. They did not
express specific preferences in district boundaries. We did not discuss
the specifics.
I also had a meeting with two gentlemen. Tim Nance -- or
maybe it was three gentlemen. Three gentlemen in the Golden Gate
Estates area also to discuss the redistricting process. And, finally, I
also had a meeting -- and that was at their -- those gentlemen's request,
and, finally, at the request of Commissioner Fiala, I had a meeting
with her as well to discuss the process.
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April 26, 2011
I would say that in all three meetings up front I advised those
persons that I did not want to know about their preferences. I was
glad to meet with them to explain the process, but I did not want to
hear what their map preferences were for the same reasons I've already
stated to you. I want to be neutral. I don't even want to know who
might be running against any of you when the time comes. I don't
want to know where those people live. I don't want to know that
information because I don't want to be influenced.
COMMISSIONER HILLER: And that's also the case for your
staff?
MR. WEEKS: Correct.
COMMISSIONER HILLER: And your boss, Nick?
Thank you so much. I would like to ask for some additional
information. I didn't receive the backup that formed the basis for the
numbers. I received some backup, but that backup actually didn't
allow me to tie into the information that was the basis of your
schedule, so if I could please have that backup for my review, I would
appreciate it.
And, lastly, I would like to make a motion to accept the criterias
as presented with the additional of one more criteria, and that is where
the sentence -- in the executive summary where you say,
"Additionally staff will consider racial and ethnic populations in an
effort not to dilute their concentration." I think that needs to be a
criteria that staff, in developing the boundaries, will not dilute based
on racial and ethnic populations.
I have a concern about the various groups, and particularly I'm
very concerned about Hispanic representation. The Hispanic
population right now compromises about 25 percent, as I understand,
of the overall population, and I think we have to be very respectful
and considerate in drawing these district boundaries so as to not dilute
their voice, as well as the voices of the other racial and ethnic groups
in the county.
Page 31
April 26, 2011
MR. WEEKS: Commissioner, if I may respond. The guidance
offered from the Attorney General-- U.S. Attorney General's Office
suggests that we -- that in redistricting efforts, that racial
considerations, minority populations not be a principal consideration.
It is something to be evaluated after districts have been drafted --
proposed districts have been drafted, but it should not be a primary
consideration.
That's the reason staff has not included it as one of the criteria
that we ask you to approve, but we want you to know that it is
something that we will look at.
After we have prepared the five different draft maps, we will then
do what's called a retrogression analysis. We will look to see what is
the impact on the minority population.
And if I may go further beyond that particular point, the only
commission district -- there are no commission districts that have a
minority-majority population. That is, all of the districts have a white
population that is in the majority, white non-Hispanic population that
is in the majority. If there were a minority-majority populated district,
that is where there would be the greatest concern for the impact upon
that population. But nonetheless, staff will prepare an analysis for
each of those maps as to how they impact the minority population.
COMMISSIONER HILLER: Mr. Klatzkow, is that correct with
respect to establishing primary criteria?
MR. KLATZKOW: Yes.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER HILLER: In that case, I'd like to make a
motion to approve the three primary criteria, again, with then -- the
supporting -- I don't know what you want to call it. What do call the
secondary criteria? What do you call the consideration of, you know,
dilute -- you know, the effort not to dilute ethnic and racial
populations? What do you--
MR. WEEKS: I suppose you could refer to that as a secondary
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April 26, 2011
criteria.
COMMISSIONER HILLER: Then I'd like to make the motion
for that to be considered as secondary criteria to ensure that there is no
attempt to dilute their concentration.
COMMISSIONER COLETTA: In other words, you're
approving staff recommendations?
COMMISSIONER HILLER: With the secondary criteria being
what I just said, that there will be an effort made not to dilute the
racial and ethnic population concentration.
COMMISSIONER COLETTA: That's staffs recommendations,
correct?
MR. WEEKS: With a slight twist, but yes, sir.
COMMISSIONER COLETTA: I second that.
CHAIRMAN COYLE: Could -- okay. Could I offer a friendly
modification to that?
The problem that you have is that there are certain legal
requirements. You have not recited all of those legal requirements
here. One of those legal requirements you just explained, but it is not
clearly identified in the motion or in your recommendations.
And what I would ask that we consider is approving the three
criteria but with an overall -- with overall guidance that you adhere to
the existing legal requirements related to redistricting efforts so that
we don't have any confusion about whether we're following the
Court's guidelines on this or not.
Is that not a more --
MR. KLA TZKOW: You're going to be presented with a fully
legally vetted proposal. You'll have several maps, and they will be in
conformance with all state and federal law .
CHAIRMAN COYLE: Wouldn't it be appropriate that we make
a motion to approve this with the guidance that it be done in
accordance with state and federal law, and that way we don't have to
pick specific statements and requirements and include them in the
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April 26, 2011
motion?
MR. KLATZKOW: You can do that.
CHAIRMAN COYLE: Okay. Well, the motion stands as it is
unless there is a modification.
COMMISSIONER COLETTA: Well, the second agrees with
your modifications and if --
CHAIRMAN COYLE: Okay.
COMMISSIONER COLETTA: But the first would have to.
CHAIRMAN COYLE: Okay. Commissioner Hiller?
COMMISSIONER HILLER: I don't think that really works,
because this has to be done in accordance with state and federal law .
So to state it has to be done in accordance with state and federal law
really is not necessary. That's required.
My concern is that there be due consideration given to racial and
ethnic concentrations and, therefore, there's a need to state that as a
secondary criteria notwithstanding all the legal requirements. It's to
emphasize that on the record.
CHAIRMAN COYLE: Well, as a matter of fact, that's not what
the law really did, but nevertheless. You have a motion. Is there a
second?
(No response.)
CHAIRMAN COYLE: Okay. The motion dies for lack of a
second. Let me make sure that we all understand, David.
You just recited to us what the law requires with respect to racial
and ethnic populations; did you not?
MR. WEEKS : Yes, I did.
CHAIRMAN COYLE: That is part of the law?
MR. WEEKS: Yes, sir.
CHAIRMAN COYLE: Why is it necessary that we further
interpret the meaning of that law? If you're doing it in accordance
with the law, are you not also applying considerations of racial and
ethnic populations in accordance with the law itself?
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April 26, 2011
MR. WEEKS: Yes, sir, we are.
CHAIRMAN COYLE: Okay.
MR. WEEKS: I would note that the criteria that are listed, one,
two, and three, are also requirements of law. The reason for spelling
them out explicitly is so that the commissioners, when you vote on
this, you know what you're voting on. If we simply -- staff simply
came before you and said, we want you to approve staff commencing
the redistricting process in accordance with the law, it would
obviously get the question, well, what are those requirements of the
law?
CHAIRMAN COYLE: Okay. But my point is this: If what you
told us is that the law would require that you consider racial and ethnic
populations if there was a majority-minority district, it would appear
that for us to instruct you to consider racial and ethnic populations
when there is no majority-minority district would be an improper
application of the law; is that correct?
MR. WEEKS: Strictly speaking, yes, sir, I would agree. But out
of an abundance of caution, in the past -- and staff would propose now
-- that despite the fact that we don't have a minority-majority district,
that we, nonetheless, prepare an evaluation of the impact on the
minority population. We think that's appropriate.
CHAIRMAN COYLE: Okay. And how would you rearrange
the district under those circumstances if you did that?
MR. WEEKS: Well, again, staffwill not use that as a primary
criteria, which means we will not be looking at the minority
population when we draw the maps; rather after we have drawn the
five draft maps, then we will prepare an analysis of the impact upon
those.
The result, potentially, would be that after we've drawn these five
maps, our analysis would show that one of these we cannot
recommend to you because of its impact upon the minority population,
as opposed making that a consideration as we draw the map, and that
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April 26, 2011
would be contrary to the guidance from the Attorney General's Office.
It's tricky.
CHAIRMAN COYLE: Okay. Let's suppose we say that you
will consider racial and ethnic populations in accordance with the law.
MR. WEEKS: That would be fine.
CHAIRMAN COYLE: Isn't that what we're really saying?
MR. WEEKS: Yes, sir.
CHAIRMAN COYLE: Okay. All right. Then I'll make a
motion to approve with the wording that we will -- you will consider
racial and ethnic populations in accordance with the law.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Okay. Is there -- there are public
speakers?
MR. MITCHELL: Yes, sir. We have one public speaker.
COMMISSIONER FIALA: Well, could I ask my question?
CHAIRMAN COYLE: I'm sorry. Sure, go ahead.
COMMISSIONER FIALA: I mean, I have my button on.
CHAIRMAN COYLE: You do have your button on. Yes, you
do. 'So does Commissioner Coletta. He comes after you do.
COMMISSIONER FIALA: Oh, yes.
Just for clarification, David, when we were talking in my office
about process, I forgot to ask you, so I'm going to ask you now, when
you're trying to calculate how many people we have in each district,
do -- when we count those people, are those also winter residents who
own a place here and pay taxes here but are not homesteaded here, or
are those not included?
MR. WEEKS: For redistricting purposes, we count permanent
population only. Seasonal population is not a consideration.
COMMISSIONER FIALA: Okay. Now, when you say
permanent population, say, for instance, somebody lives here six
months and somebody else -- and they live elsewhere six months but
they're homesteaded here, would they then be considered permanent
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April 26, 2011
because they're homesteaded here?
MR. WEEKS: Not necessarily. It's according to how they
completed the census questionnaire. It's based on census information
only. So they might -- theoretically, they could be homesteaded in
some other location but fill out the census form saying, "This is my
residence. "
COMMISSIONER FIALA: I see.
MR. WEEKS: That's how we do it.
COMMISSIONER FIALA: So actually the figures could vary
greatly when you consider that there are many other people that own
homes here, pay taxes here and so forth and possibly even vote here
but are not considered residents. That's an interesting --
MR. WEEKS: Potentially, certainly.
COMMISSIONER FIALA: -- thing, isn't it? Whoa, that could
really affect it a lot. But so I wanted to just nail down--
MR. WEEKS: Sure.
COMMISSIONER FIALA: -- what we actually have in this
county. Thank you very much.
MR. WEEKS: There's two more points I wanted to get on the
record before we go to public speaker. One is, it's mentioned in their
executive summary, I believe, but to mention that, you know, today's
direction is to start the process.
The end of the process is, locally, is when we come back to you
with the map versions for you to vote on. And at the request of the
Supervisor of Elections Office, we've agreed to complete that task in
September. So that means that in September we will be coming back
to you with different map versions for you to actually approve new
district boundaries at that time.
Secondly, I wanted to mention about the preclearance
requirement. I mentioned the local processes would be done in
September. After you adopt a new map, the county will then have to
send that map and supporting information to the u.S. Justice
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April 26, 2011
Department for what's known as free clearance, and that goes back to
the topic of impact upon racial and ethnic minority populations. And
once we've achieved that, then those maps can go into effect.
CHAIRMAN COYLE: Commissioner Coletta, you want to ask
your question now or wait for the public speakers?
COMMISSIONER COLETTA: My question's pretty simple, if I
may. The -- is it going to be difficult to balance the districts with a
school commissioner and a county commissioner who may live quite a
distance apart? Is that going to make it very difficult, or you already
predetermined that it's not going to raise a big issue for where those
two people may live within a district?
MR. WEEKS: Based upon my evaluation, I have mapped where
all ten live, and I don't think it will be a major issue. Certainly it will
have some impact. In doing the redistricting, it literally is like
squeezing a balloon. If you squeeze it one place, it pops out
someplace else.
And this population data is at the block level, the smallest
geographic area that the census bureau provides population. There are
an infinite number of maps that could be drawn. My point in part is to
say that -- just that. There's an infinite number of maps, and we're
only going to bring five before you, but secondly to know that there's
a lot of flexibility, though, as to where to draw those boundaries.
So when it comes to a commissioner -- county commissioner and
a school board member that might live in close proximity or not, we
do have lot of flexibility where to draw the boundaries.
COMMISSIONER COLETTA: Okay. And, David, I admire the
direction that you're asking for, that nobody interferes with the
process. And I really do think that the county manager has to make a
report back to us if there is any interference or attempted interference
as we go forward. This thing has to be, without question, the --
following the science that we've been directed to do. It's got to be to
the letter of the law. We can't give in to any particular entity that's out
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April 26, 2011
there, be it commissioners or organizations or other political groups.
This thing has to be done completely on the staff level and then
brought forward for the discussion at that point in time.
Any interference, I really do think that the county manager
should make a report at our regular meetings if that interference has
taken place to tell us what it was and how he corrected it. This way
we'll know that everybody's above the -- above this and that we won't
have any problems as we go forward.
CHAIRMAN COYLE: And one final question before we go to
the public speakers. You said you had meetings with three people
from Golden Gate Estates. You identified one of them. In the interest
of transparency, I think you need to identify all of them.
MR. WEEKS: I mentioned Tim Nance. I believe it was Mark
Teeters and Jim Flanagan.
CHAIRMAN COYLE: Okay. All right. Thank you.
Let's call the public speakers.
MR. MITCHELL: Sir, there's one public speaker, Chuck
Mohlke.
MR. MOHLKE: For the record, forgive my hoarse voice this
morning, Commissioners. For the record, my name is Chuck Mohlke.
I reside in Commission District 4.
My purpose in appearing here this morning is really very simple.
I want to commend Mr. Weeks, the supporting staff, and all those that
have contributed significantly to this process.
I think the commission is about ready to make exactly the right
direction to Mr. Weeks and his associates.
I have only two additional comments to make briefly. One is to
recognize the significant role that the Supervisor of Elections Office
will play over time in regard to this in terms of adjusting the way in
which they provide resources to voters by adjusting precinct
boundaries to reflect the new county commission districts, and I'm
hopeful that Mr. Weeks, as he proceeds, will be in routine -- when he's
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April 26, 2011
ready and believes it's consistent with commission action today, be in
consultation with the supervisor's office and other persons relative to
the process to advise them how they may begin their adjustment
process for the purpose of preparing for the 2012 election. I think
that's a given. And I think the fact that it's just on the public record in
some manner assists the process.
The last thing I would suggest to commissioners is because of
prior experience going way back to the 1981/82 period, I would
suggest that the manager's office or the county attorney begin the
process of asking the voting rights section of the U.S. Justice
Department for what is called an expedited review.
If Justice is very busy, as they will be inevitably, in this
odd-numbered nonelection year, if they have early in the process, as
soon as Mr. Weeks and the county attorney and the manager think it's
appropriate, to notice them that our process is underway, that we will
likely conclude the process and begin the public review and
recommendations to the board in the early fall, that they then are
poised to expedite their review of the process and that they then say,
keep us advised.
They do this in other jurisdictions. They've never done it here.
The other jurisdictions are those that operate under a consent order
and a variety of other issues that are historic reasons for asking,
"Where are you in the process?" I doubt that will ever happen in
Collier County. But if that request could be made, it might begin the
process in an early and significant way, and I thank the board.
CHAIRMAN COYLE: Chuck, could I ask you a question? At
what point in the process would you suggest we ask for the expedited
review? Early in the process?
MR. MOHLKE: Well, I would think that Justice may benefit
from knowing that you are poised to review the recommended maps
and make a decision, and so on, as Mr. Weeks has indicated, in
September.
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April 26, 2011
If they know that near that date that they will be receiving a
recommended map rendition for both county commission and school
board, they will then expedite the review process in the normal ways.
Sometimes they can take place in less than 90 days so that you would
know by Thanksgiving that you have an agreement that covers all the
requirements of federal and state law. You'll be getting advice about
this, I'm confident, from your very able legal staff that you will be
using as a vendor of services in this regard.
CHAIRMAN COYLE: Okay. Are you suggesting that it might
be a good idea if we include that guidance in this particular motion, or
do you think that's --
MR. MOHLKE: That would be the commissioners' judgment, of
course. I don't think it's absolutely necessary. But I think if you
receive whatever advice that both the manager and county attorney
think is appropriate. I just don't want any sudden surprises at the end
of the process that's gone along with such great promise.
CHAIRMAN COYLE: Okay, good. Then let me ask the board
if -- we probably don't know enough about the schedule right now, but
as time goes on and as we know more about the schedule, perhaps we
can task the county attorney to make a recommendation about an
expedited review process and do that at a later point in time. Is that
acceptable to members of the board?
COMMISSIONER FIALA: Uh-huh.
COMMISSIONER COLETTA: Uh-huh.
CHAIRMAN COYLE: Okay, all right.
Then we have a motion on the table to approve the guidance as
previously stated.
All in favor, please signify by saying aye.
COMMISSIONER HILLER: And the modification of adding the
racial and ethnic populations?
CHAIRMAN COYLE: In accordance with existing law, yes.
All in favor, please signify by saying aye.
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April 26, 2011
COMMISSIONER HILLER: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: (Absent.)
CHAIRMAN COYLE: Any opposed, by like sign.
COMMISSIONER HILLER: I just want to qualify that my
understanding of "in accordance with the law" is that it will be done in
an effort not to dilute concentrations of racial and --
CHAIRMAN COYLE: In accordance with the law.
COMMISSIONER HILLER: -- ethnic populations.
CHAIRMAN COYLE: I just don't want there to be any
confusion or even appearance that we're instructing the staff to do
something different than might already be included in the law, so
that's my only reason for asking for that stipulation.
So -- okay, it passed unanimously.
Where does that take us, County Manager?
Item #10B
DETERMINING A VALID PUBLIC EMERGENCY AND
DIRECTING THE COUNTY MANAGER OR DESIGNEE TO
PROCEED WITH A RE-EV ALUA TION OF THE FEMA-
DESIGNATED FLOODPLAIN USING THE 2010 LIDAR AND
APPROVE ALL NECESSARY BUDGET AMENDMENTS -
MOTION FOR STAFF TO GET APPROVAL FOR PAYMENT
FROM CLERK'S OFFICE PRIOR TO MOVING FORWARD-
APPROVED
MR.OCHS: That takes you to Item lOB, sir. It's a
recommendation to consider determining a valid public emergency
and directing the county manager or designee to proceed with a
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April 26, 2011
re-evaluation of the FEMA-designated floodplain using the 2010
LiDAR and approve all necessary budget amendments. Mr.
Casalanguida will present.
MR. CASALANGUIDA: Good morning, Commissioners. For
the record, Nick Casalanguida.
On March 8th the Board heard the Flood Damage Prevention
Ordinance, and at that time we discussed the submittal of the two
appeals and what impact that had in the county.
Based on the information, the board realized that there's a
significant difference between the 2003 LiDAR and the 2010 LiDAR
and how taxpayers would be brought into certain flood zones and be
required to purchase flood insurance.
Our two appeals are still being reviewed by FEMA. At that point
in time, the board directed us to bring back a proposal to do this as
quickly as possible so that other taxpayers, residents of Collier
County, could benefit from the updated information. We have done
so.
There are a couple things I'd like to put on the record. One is that
the basis of time and money for the consultant is not a factor for a
valid public emergency. The basis for declaring that is that the board
would be -- that your residence would be impacted by that
information. It could save them thousands, if not millions of dollars in
terms of paying for flood insurance and improvements to their
property that would be required, LOMARs, after that would be
required to make modifications.
So with that, the board has a proposal in front of them to hire
Tomasello quickly, get them to work tomorrow, and bring back the ten
basins in the coastal zone modeling with the understanding that that
emergency -- consistent with Florida Statute 287.055, is that it would
benefit the residents of Collier County.
(Commissioner Henning is now present in the boardroom.)
CHAIRMAN COYLE: Okay. Commissioner Hiller?
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April 26, 2011
COMMISSIONER HILLER: Yes. Mr. Casalanguida, I'm very
glad you brought this back as quickly as you did. When I had learned
that the LiDAR maps were, in fact, incorrect, and just by looking at
two basins, we found that 16,000 homes were basically placed in a
flood zone and would be required to purchase flood insurance when,
in fact, they didn't really need to because of the errors in -- or the, let's
call it, errors in the maps. I was very concerned.
So doing this to correct the maps and ensuring that no citizen is
forced to pay flood insurance where he doesn't have to because of a
technicality like this is extremely important, particularly now when we
have so many people who can't bear the burden of any additional
costs. And so many of the mortgages do require flood insurance if
you are in a flood zone, and that potentially could cause these
homeowners to default, and that would be a very unfair situation.
So in light of that, it is a public emergency, because that would
precipitate even more problems than we already have in the housing
market. So I definitely see that there is a valid, you know, public
emergency as a result of what has been determined and what's being
proposed.
With that said, as a result of declaring this emergency, what you
are proposing is that we bypass the CCNA, the act, the statute, if you
will, that requires that we put this purchase of services out for a
request for qualifications.
MR. CASALANGUIDA: Yes, ma'am.
COMMISSIONER HILLER: And I want to ensure that you have
spoken with the Clerk's office so that that is, in fact, something we
could do, because I would hate for Tomasello to do this work and then
for some reason this payment be denied because of the fact that the
CCNA was not applied in this situation, given the need to expedite the
process.
Have you spoken with the Clerk's office on this?
MR. CASALANGUIDA: Two things, ma'am. No, ma'am, I
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April 26, 2011
have not spoken with the Clerk's Office. It's the board declaration of a
valid public emergency. In the past it's done so and without a problem
from the Clerk as long as the board makes that call. So I'm going off
prior history.
Crystal's here. I think she's seen the item. Is there any --
MS. KINZEL: I have not reviewed it.
MR. CASALANGUIDA: Okay.
COMMISSIONER HILLER: Then I would like to make a
motion that we approve this and recognize this as a valid public
emergency so as to not place citizens unduly in flood zones where
they truly are not in flood zones and to ask the Clerk to review that, in
fact, we are able to pay Tomasello without putting this out for an RFQ
and to come back to us if there's a problem. Mr. Casalanguida, if there
-- if it does turn out, you know, upon research that, in fact, there is a
problem and we can't approve it in this fashion, if you could bring it
back to us.
MR. CASALANGUIDA: What kind of time frame? A couple
weeks before I give Tomasello authorization to work?
COMMISSIONER HILLER: Well, how long would it take --
how long would it take you to make the determination?
MS. KINZEL: We could probably review that by the next
meeting. And I apologize, I didn't know there was a question still
pending.
MR. CASALANGUIDA: Sure. Very good.
One thing I want to put on record, Commissioners, even as we
move expeditiously through this, I have no guarantee that FEMA will
review this expeditiously. So the county's doing their part by moving
quickly, and we'll put the pressure on FEMA to work with us.
COMMISSIONER HILLER: Well, I think that that's our
obligation. We have to do what we have to do, and we can't control
FEMA, and we're going to hope and ask them to do the best they can
by way of our citizens.
Page 45
April 26, 2011
MR. CASALANGUIDA: Very good.
COMMISSIONER FIALA: Yes.
CHAIRMAN COYLE: Commissioner Fiala.
COMMISSIONER FIALA: I second the motion.
Nick, as you know, we've been working on this for a long time
and really pushing hard for it.
CHAIRMAN COYLE: Thirteen years.
COMMISSIONER FIALA: Especially when --
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER FIALA: -- we got so close with the LiDAR
back with Joe and then it kind of faltered. And so I'm really pleased
that we're going to be moving forward with this now, and very
quickly.
So I just wanted to give you my wholehearted support. I hope
that we can get this done as quickly as possible and that the Clerk's
office will be able to work with you in an expeditious manner so that
you can come back with us at the next meeting and tell us it's
approved. And, you know, as far as I'm concerned, just -- I don't even
know if we need to go forward with it if we get the clerk's approval. I
mean --
COMMISSIONER HILLER: Yeah.
COMMISSIONER FIALA: -- as long as we're approving it now
COMMISSIONER HILLER: I would agree with that.
COMMISSIONER FIALA: -- I would think that -- you know,
say, for instance, Crystal reviewed it tomorrow or the next day or, you
know, three days, and it was already done by the end of the week, I
would think you could just move forward and then do it.
MR. CASALANGUIDA: Yes, ma'am.
COMMISSIONER FIALA: Would that be okay, Crystal?
MS. KINZEL: Commissioner, that's board's direction to staff.
COMMISSIONER FIALA: Good. My direction is --
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April 26, 2011
MR. CASALANGUIDA: Very good.
COMMISSIONER FIALA: -- as long as you've got approval
from them to move forward, then let's just go for it. Don't even wait
till the next meeting.
MR. CASALANGUIDA: Very good.
COMMISSIONER FIALA: Thank you.
COMMISSIONER HILLER: I'll change my motion to reflect
what Commissioner Fiala said. She's correct.
CHAIRMAN COYLE: Commissioner Coletta.
COMMISSIONER FIALA: We're working in unison here. This
is good.
CHAIRMAN COYLE: Commissioner Coletta.
COMMISSIONER COLETTA: Yeah. I'd like to hear from the
county attorney. I just want to make sure we're not creating
unnecessary obstacles to our goal.
MR. KLATZKOW: My understanding is that you're approving
the emergency but you're directing Nick to vet this with the Clerk to
make sure he doesn't have any issues. If the Clerk has no issues, Nick
will move forward. If the Clerk does have issues, he'll come back to
the board for further direction. That's my understanding of the motion.
CHAIRMAN COYLE: Yeah. I understand it that way, too.
MR. CASALANGUIDA: Very good.
CHAIRMAN COYLE: Good. I need to ask you a question, and
we need to make sure the public clearly understands. We really have
been working on this for 13 years.
MR. CASALANGUIDA: Understood, sir.
CHAIRMAN COYLE: And nothing ever is what it seems to be.
Right now FEMA has maps that require a lot of people to get flood
insurance who never had been required to get flood insurance before.
COMMISSIONER FIALA: I'm one of them.
MR. CASALANGUIDA: That's correct.
CHAIRMAN COYLE: This isn't going to change that until it's
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April 26, 2011
approved by FEMA and implemented.
MR. CASALANGUIDA: Potentially correct, sir, yes.
CHAIRMAN COYLE: That's four years from now.
MR. CASALANGUIDA: No, sir. We're going to submit these
on a rolling basis. We're going to submit these as modifications as
soon as we're done. In other words, as we do a basin, we're going to
submit it to FEMA.
CHAIRMAN COYLE: Okay. But it's going to be four years
before the process is completed for everybody.
MR. CASALANGUIDA: Potentially, sir.
CHAIRMAN COYLE: So let's not give the public the idea that
our mere submission of this data is going to change anything for them.
MR. CASALANGUIDA: That's correct, sir.
CHAIRMAN COYLE: So they're going to be faced with several
years of problems, perhaps, where they would have to purchase flood
insurance no matter what we're doing, and that requirement would be
removed only when FEMA certifies the updated information from us
for the basin that we have submitted.
And FEMA might say, I'm not going to do -- issue new maps
until I get all the basins in so that we can adequately evaluate the
entire impact. We don't know what they're going to do.
MR. CASALANGUIDA: That's correct.
CHAIRMAN COYLE: So all I'm suggesting is let's not lead the
public to believe that what we're doing is going to keep them from
having to purchase flood insurance this year or next year. It most
likely will not, and they will still have that requirement, but we're
doing the best, as other commissioners have already -- already said,
and we'll hope that we can expedite it and solve the problem. But my
experience tells me that it is never easy.
Commissioner Hiller.
COMMISSIONER HILLER: Nick, we amended the ordinance
with respect to map approval. Can you remind me exactly what we
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April 26, 2011
said to change the wording from what was proposed and what was
finally adopted?
MR. CASALANGUIDA: Sure, sure. As FEMA brings forward
the maps in whatever state they are, whichever basins they feel
prudently to adopt, the County Commission will adopt those maps by
an ordinance amendment instead of them being adopted automatically.
So you'll -- as these things come forward through FEMA, they'll
come through the board meetings and be presented to you as well.
COMMISSIONER HILLER: So the public will be put on notice
what FEMA has decided, and it won't be that there will be any
automatic adoption. Will that essentially preserve our right to appeal
if FEMA -- or is there no appeal process?
MR. CASALANGUIDA: No. You'll always have the right to go
through some sort of court process, but I think you'll have the ability
to look at those maps and make comment on them, at least for us to
work with FEMA at that phase.
COMMISSIONER HILLER: And we were required by FEMA
to update these maps?
MR. CASALANGUIDA: Yes, ma'am.
COMMISSIONER HILLER: Thank you.
CHAIRMAN COYLE: Okay. All in favor, please signify by
.
saYIng aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER FIALA: 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 #10C
Page 49
April 26, 2011
ENTERING INTO A CONTRACT FOR SERVICES FOR AIM
ENGINEERING TO COMPLETE A FEASIBILITY STUDY WITH
CONCEPTUAL PLANS FOR PEDESTRIAN OR BICYCLE
FACILITIES AT THE 1-75 AND IMMOKALEE ROAD
INTERCHANGE IN THE AMOUNT UP TO $315,000 (FDOT
PROJECT #416237-1-38-01) - MOTION TO APPROVE STAFF'S
RECOMMENDATIONS - APPROVED
MR.OCHS: Commissioners, next item is 10C. This item has
been continued from the April 12, 2011, BCC meeting. It's a
recommendation to enter into a contract for services for AIM
Engineering to complete a feasibility study with conceptual plans for
the pedestrian or bicycle facilities at the 1-75 and Immokalee Road
Interchange in an amount up to $315,000.
Mr. Casalanguida will present. But before he does, Mr.
Chairman, how many -- do we have speakers for this?
MR. MITCHELL: We have two speakers.
MR. OCHS: I'm just reminding the Chair that the court reporter
would want a break at some point. So I don't know if you wanted to
have that break before we start this discussion or --
CHAIRMAN COYLE: Yeah. I would prefer, but Commissioner
Hiller has a question. You want to ask your question now?
COMMISSIONER HILLER: Yeah. Before we get started, you
know, I'd like to suggest something before we get into a long public
discussion on this.
This was brought forward to the board as a result of direction by
the MPO.
MR. CASALANGUIDA: Yes, ma'am.
COMMISSIONER HILLER: Is that not correct?
MR. CASALANGUIDA: That's correct.
COMMISSIONER HILLER: I think that in light of the debate
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April 26, 2011
on this issue, I think we really need to take it back to the MPO and ask
them for clarification and give us direction, because for the board to
now suddenly turn something down that before the MPO said should
move forward leaves me concerned, and many members of this board
also sit on the MPO, and we have other members from other cities that
sit on that board that gave direction for this to move forward, and my
sense was at the last meeting that this was going to be turned down.
And so if that's the case, rather than get into the discussion here, I
think the discussion should be held before the MPO board.
MR. CASALANGUIDA: I think there are certain items this
board wants to hear before they make that decision to get there.
COMMISSIONER HILLER: Sure.
MR. CASALANGUIDA: I just -- do you want a break, sir, or do
you want to get into the item?
CHAIRMAN COYLE: Yeah. We have Commissioner Coletta
and Commissioner Henning.
COMMISSIONER COLETTA: I can wait.
CHAIRMAN COYLE: Do you want to talk -- say something?
COMMISSIONER HENNING: Well, just to set the facts
straight. The Pathways Committee, the MPO, has never seen this
contract --
MR. CASALANGUIDA: No, sir.
COMMISSIONER HENNING: -- with AIMs. That is the
question. So let's just make sure that we're correct. The question is
the expense of $315,000 for an approximately one-mile pathway or
sidewalk. That is the question.
MR. CASALANGUIDA: I have some information regarding
that, sir, if you want to --
COMMISSIONER HENNING: No. I mean, just so that we
have it straight.
MR. CASALANGUIDA: Sure.
COMMISSIONER HENNING: They have seen the item, and it
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April 26, 2011
was mentioned at the last meeting they've never seen this contract. So
if we stay and focus on that, I think that we can probably get through
that some day.
CHAIRMAN COYLE: Okay. Then let's take a ten-minute
break, and we'll continue the meeting afterwards.
MR. CASALANGUIDA: Very good.
(A brief recess was had.)
MR. OCHS: Mr. Chairman, you have a live mike.
CHAIRMAN COYLE: Shortly we'll have a quorum.
MR.OCHS: Yes, sir.
CHAIRMAN COYLE: Would anyone like to volunteer to be a
commissioner today?
MR. CASALANGUIDA: No, sir.
CHAIRMAN COYLE: You can serve immediately after this
next item.
Okay. Now we have a quorum.
Commissioner Coletta, you were next. There are public
speakers. Would you rather wait until the public speakers speak, or do
you have a question of Nick or staff?
COMMISSIONER COLETTA: I'll wait until after the public
speakers.
CHAIRMAN COYLE: Okay. Do you have something you'd
like to say before the public speakers?
MR. CASALANGUIDA: Real quick, sir, then we'll let the
public speakers move forward.
This project was approved by the MPO board as a conceptual
design and feasibility study, so it's consistent with what's in front of
you.
What -- I've met with DOT, discussed it with them. If the board
doesn't approve it today, it does become a jump ball, per se. The
money could go away even though the MPO board could hear that.
That's important for you to understand that.
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April 26, 2011
The second part, to address Commissioner Henning's concern,
about the cost. The only thing I can do after speaking to the
consultant -- because of dealing with Federal Highway and 1-75 and
it's not a local road project -- is the county could assume all the public
involvement, which is roughly $40,000. And the engineer has said
they will give us 100 percent permittable plans in exchange.
So the only modification I could do to this right now, and I think
everybody could do real quick, would be that county staff would do
all public involvement and the engineering firm that's here by contract
said they will give us, instead of 60 percent plans, will give us 100
percent permittable plans. And I think at that point, tell me whether
you want to hear the speakers or ask me questions.
CHAIRMAN COYLE: For that price, they could also commit to
building it.
Commissioner Henning, do you want to ask a question now?
COMMISSIONER HENNING: Yes.
CHAIRMAN COYLE: Okay.
COMMISSIONER HENNING: It's a little bit better than what it
was presented at the last meeting. But one of the tasks is to develop
and analyze two alternatives, and that's a $95,000 cost. Why are we
looking at -- do we have to look at two alternatives based upon it is at
a federal interchange?
MR. CASALANGUIDA: Sir, you need at least -- you can't have
just one. You have to have at least two. We'll probably look at --
getting to those two, we'll probably look at four or five or six
alternatives, but we'll boil them down to the two that have been vetted
through FDOT and Federal Highway and at least been brought to the
public. So the answer is yes, you need at least two alternatives.
COMMISSIONER HENNING: Okay. Well, Commissioner
Coyle is right. I believe that this can be constructed for less than what
it is for a study and a design.
So that's my opinion. I just hope in the future that we can do
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April 26, 2011
something different. This doesn't include the construction cost. We
don't even know where that's coming from.
MR. CASALANGUIDA: No, sir. That's correct. You would get
100 percent permittable plans, and no construction dollars are in this
proposal.
COMMISSIONER HENNING: Correct. So that's -- I think
what you're presenting is a little bit more palatable. But in the future
we really need to do something so we're not spending a bunch of
money on studying where to put a sidewalk.
CHAIRMAN COYLE: Okay.
MR. FEDER: Mr. Chairman, if I could, just very quickly.
Norman Feder, the Administrator for Growth Management Division.
Commissioner Henning and Chairman have raised a very good
point; $315,000 is an awful lot of money. What I need to point out to
you, though, is when we go into the federal process, we're designing
basically interstate standards for the sidewalk. We're reporting on
ARRA provisions. We're having to do CEI during construction.
What I'm trying to tell you is that our process through the MPO
where we've taken our federal urban attributable funds, put them in a
box, and then broken it out to small-scale sidewalk-to-pathway
projects generally, is not the most cost-beneficial or effective way to
utilize the funds.
The board's sitting here and saying, "I could build it for that," and
the county probably could get close to that if I didn't have to follow
the federal process.
So I don't want to leave anyone with the mistaken impression that
we're just trying to spend the money or we're not being realistic about
it. We're trying to follow the process. When the MPO said this is how
they wanted to proceed, that's what we're trying to bring to you.
I understand your concerns, and we'll follow that guidance and
possibly bring it back to the MPO as it may be necessary, but I wanted
to make sure that was on the record.
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April 26, 2011
CHAIRMAN COYLE: Okay. Thank you, Norman.
Let's call the public speakers now, please.
MR. MITCHELL: Yes, sir. The first speaker will be Michelle
A vola, and she'll be followed by Joe Bonness.
MS. A VOLA: Good morning. Michelle Avola, Naples
Pathways Coalition.
Just a brief reminder. This transportation-enhancement project
for a pathway is a solution to a problem that was caused by iRox
changes to this interchange with approval from Collier County DOT.
And after these, quote, improvements to the interchange were made, a
sidewalk was eliminated on the north side of the road. This creates a
huge barrier.
We now have an interchange that essentially requires everyone to
utilize motorized vehicles to safely navigate this area.
Unfortunately, some people don't have that option. There are
people in wheelchairs, there are people who need to commute by bike
or by foot, and those people are not being considered. Those people
. are being left to the side.
There are numerous communities on both sides of 1-75, Pelican
Strand, Quail Creek, Tarpon Bay, et cetera, commercial sites on both
sides, Publix, Target, Walmart, McDonald's, Panera Bread, and so on.
1- 7 5 is a significant barrier for all east/west traffic, and more so
for bicyclists and pedestrians that compete with all those lanes of
traffic.
This has been approved by the MPO, LAP funds. We need to
utilize the funds that are available to us now before they disappear.
We need to move forward so that the county can then source for the
funds for construction.
We are all for getting a project completed, spending as little
money as is necessary, but stalling this project is only going to put
people in jeopardy . We need to move forward. This was a problem
that was created by the state under the county's okay, but there are
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April 26, 2011
citizens that we need to make this situation right for, so we need you
to move forward. Thank you.
CHAIRMAN COYLE: Thank you.
MR. MITCHELL: The next speaker is Joe Bonness, and he'll be
followed by Alan Ryker. And we can use both podiums, please.
MR. BONNESS: Hi, good morning, Commissioners. Joe
Bonness. I'm -- I am the path chairman, too, but I don't know if I'm
talking from that standpoint today.
The 1-75 Immokalee Road interchange, it is probably one of the
most feared intersections for bikes to cross at this point. Westbound
bikes end up mixing with speeding interstate on and off-road traffic,
and you're talking traffic that doesn't even want to share the road with
other cars. You know, it's a difficult one to get through.
We saw -- I saw that this was coming on up from the standpoint
of when the iRox project went from a six-lane to an eight-lane
underneath Immokalee Road. And granted, being able to eliminate
the bicycle lanes and taking out the sidewalk probably saved millions
of dollars. So, you know, that -- you had tremendous savings by
doing that.
The money that we're talking about is basically found money.
It's enhancement money that was going to go on out and landscape
this intersection. When you went from six-lane to eight-lane, you lost
the area that you were going to landscape, so the money became
available for that.
One of our doctrines in the pathway plan is "Take advantage of
any special opportunities." When unbudgeted dollars and significant
partnerships are discovered, special considerations should be used to
maximize that funding. Here we have unused enhancement dollars
from the FDOT and a willing partner in South Florida Water
Management to use their land to be able to pass around and go
underneath the interstate at a later -- at a farther-north point.
It would be a beautiful pathway . You're completely out of the
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April 26, 2011
line of traffic. You won't even see the traffic. Traffic won't see the
bicyclists if it passes underneath in that direction.
At the same time, wanting to use the FDOT dollars, the found
money, let's use it very wisely. And I appreciate that we have been
nipping this down to the point where we're not looking at 60 percent
plans; we're looking at 100 percent plans and trying to get this to the
best that we possibly can.
As a contractor, I've looked at it from the standpoint that it is --
we are almost spending as much money to be able to design it. But in
that -- you know, we start going through a DOT interchange, it's
expensive. Any time we're building traffic (sic), the intersections are
the most expensive part of the whole roadway.
I thank you for your time.
CHAIRMAN COYLE: Thank you.
MR. MITCHELL: Alan Ryker.
MR. RYKER: Good morning. My name is Alan Ryker. I am a
citizen of the City of Naples.
I don't have any credentials other than the fact that I walk and I
ride a bicycle quite a great deal. I'd love to be able to ride out to visit
my friends in Quail Creek. I wouldn't even think about it under the
current situation.
I was looking forward to a greenway, which I believed to be in
the -- what do you call it -- the Comprehensive Plan of 2006. But
when we did what we did to this intersection, it took that completely
out of the thinking, at least my thinking.
Now, when I've heard that we have this opportunity to reclaim
this pathway and make it easy and safe to ride from the west of 1- 7 5 to
the east, I felt I should come here and speak up and encourage you
people to proceed now. Ifwe wait until we're -- until a later time, it's
just going to cost us more money. And with fuel costs being what
they are, there's going to be more than recreational bicycle riders
needing to use this.
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Thank you.
CHAIRMAN COYLE: Thank you.
MR. MITCHELL: Sir, that was your last speaker.
CHAIRMAN COYLE: Thank you.
Commissioner Hiller?
COMMISSIONER HILLER: Let Mr. Coletta go first.
CHAIRMAN COYLE: Oh, I'm sorry. Commissioner Coletta
was first. Go ahead, Commissioner.
COMMISSIONER COLETTA: Thank you, sir.
Nick or Norm, whoever. A couple of questions. Is there already
a sidewalk on one side of this street?
MR. CASALANGUIDA: Yes, sir, on the south side.
COMMISSIONER COLETTA: Okay. I'll tell you what my
concerns are is that we have some other needs that I don't know if the
-- our advisory group has addressed or not. One is the intersection of
Immokalee Road and 951 where the sidewalk ends abruptly at the
Pelican Bay Nursery and then continues on the other side of the road.
And there's been numerous complaints over the years about the lack of
access.
Is there anything that's been done with that, and did the MPO
advisory group take this under consideration?
MR. CASALANGUIDA: That was not discussed at the MPO
advisory group.
COMMISSIONER COLETTA: You know, and they've been in
the waiting for this for how many years now since we built that road?
MR. CASALANGUIDA: Well, it's been a while -- at least two,
three years, sir. But what I'll tell you is that this was money that was
at that location, so when the MPO considered the money they kept it
at that same location based on input from the Pathway Advisory
Committee.
So if you choose not to execute this contract with what's been
proposed, this goes back, really, to central office under the MPO.
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April 26, 2011
Central office may tell you that this money is going back through the
process, and you have no money to discuss at your MPO process.
COMMISSIONER COLETTA: Did anyone ask Florida
Department of Transportation if that money could be reallocated to
some other things that might be more financially advantageous for us?
MR. CASALANGUIDA: I did ask, and the response I received
was, you have no guarantee. It goes back to the central office. You
can request it at the MPO, and the MPO can put a request in, and then
they may tell you the money's gone someplace else. It's
safety-enhancement money. It's not primarily directed towards Collier
County. It's statewide.
COMMISSIONER COLETTA: I understand. So in other words,
we take this money, we overspend for something we could produce
for a lot less, or we lose this money. And it's a difficult choice. Also,
too, I wanted to mention that there's another need out there that we
need to keep looking at. I don't believe we ever addressed the issue of
the Airport Road overpass as far as bicycles being able to get across
the highway. Has that ever been dealt with?
MR. CASALANGUIDA: Not completely, sir, no.
COMMISSIONER COLETTA: So we do have some needs out
there that are very pressing. And I understand that it's very tempting
when you have some money left over to spend it. And I just wish we
could do it in a more effective manner than we're doing at this point in
time.
MR. CASALANGUIDA: I don't want to belabor the argument,
sir, but it's been said many times that you're spending a lot of money.
You're dealing with an interchange and Federal Highway. They're
going to make you go through a bunch of processes for the design. It's
not a local road. So I want to make sure that the board understands
that.
This is not your staff trying to spend that amount of money. It's
-- that's required through that process.
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April 26, 2011
COMMISSIONER COLETTA: Okay. Thank you, Nick.
MR. CASALANGUIDA: You're welcome.
CHAIRMAN COYLE: Commissioner Hiller.
COMMISSIONER HILLER: Nick, I just want to clarify, again,
for the record, this decision to bring this forward on this project was
made by the MPO --
MR. CASALANGUIDA: Yes, ma'am.
COMMISSIONER HILLER: -- correct? And these funds are
federal funds --
MR. CASALANGUIDA: Yes, ma'am.
COMMISSIONER HILLER: -- that were allocated to the
interchange, and I believe it was for median construc- -- median
construction improvements; isn't that correct?
MR. CASALANGUIDA: Landscaping.
COMMISSIONER HILLER: Landscaping.
MR. CASALANGUIDA: Yes, ma'am.
COMMISSIONER HILLER: It was considered construction
improvements?
MR. CASALANGUIDA: Enhancement for landscaping, yes,
including construction, installation of landscaping.
COMMISSIONER HILLER: And then when the decision was
made not to use it for that purpose, the money had to stay within that
project, and it was a decision by the MPO to allocate it to this
pathway?
MR. CASALANGUIDA: For design and feasibility.
COMMISSIONER HILLER: And I would agree that I think, as
Mr. Bonness pointed out, that this entire project could probably be
done for a little bit more than the total costs that we're allocating for
design.
MR. CASALANGUIDA: Ma'am, that's speculation, because I
will tell you I've looked at just some of the proposal -_
COMMISSIONER HILLER: I understand. I'm relying on his
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April 26, 2011
representation as a road contractor.
MR. CASALANGUIDA: Sure.
COMMISSIONER HILLER: So with that said, and given that
the MPO was the one who pushed this forward, I don't think -- and the
Pathways Committee supported it.
MR. CASALANGUIDA: Yes, ma'am.
COMMISSIONER HILLER: Did the other committees support
it as well?
MR. CASALANGUIDA: They did. I believe it went to the
CAC and T AC, and I'll double-check, but I believe --
COMMISSIONER HILLER: So all the committees of the MPO
support it. The MPO supported it, now it's before us, and there seems
to be the opinion that this should not go forward.
MR. CASALANGUIDA: Concern, as raised by Commissioner
Henning, was the cost, right.
COMMISSIONER HILLER: I understand.
MR. CASALANGUIDA: Yes, ma'am.
COMMISSIONER HILLER: Again, because of that, I suggest
that we move it back to the MPO. Because what I would recommend
is that we look at an alternative, an amendment to the LAP agreement,
sit down with DOT, tell them that we believe we can do a large
portion of the construction in addition to the design, come up with
some sort of estimate, propose to them that they modify the LAP
agreement to incorporate the construction and the design to the extent
that we can, and move it forward on that basis instead of: you know,
using those funds strictly for design.
Even with your contribution, we're still allocating 100 percent of
those funds to design when they could also be used for construction.
And the project, maybe not 100 percent, but to a large extent, would
be done in its totality.
I was not part of that deliberation. I was, you know, not at these
committee meetings. I was not part of the MPO board when that
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April 26, 2011
decision was made. And so I don't want to second guess their
direction. And this board did sit on that board when it was approved
to move forward.
So, you know, if there's debate about how these funds should be
used, I think it needs to move back before these funds are forfeited.
MR. CASALANGUIDA: Ma'am, the only thing I can tell you,
the only thing this board can do is deny the contract. You can't do
anything else, because when you get to the MPO, there may be no
money to talk about, and I don't have that answer. That's the problem.
COMMISSIONER HILLER: But you could also ask the feds to
give you some time, to give you some consideration because you're
thinking of a -- you know, a better way of using federal dollars, that
you don't want to waste them and that you have a means of being
more effective with the use of those dollars if they would give you
more time to consider.
MR. CASALANGUIDA: They could, and what -- I'll tell you
what would happen through the process. If you denied this contract
and said, go back and talk to FDOT, we would go in front of your
MPO board, and your MPO board would say, okay, there's some other
projects we want you to consider. Staff would take those, with the
MPO staff, would have to take them through committee, T AC, CAC,
and then come back to the MPO board again for that prioritization if
that money was there. So that's what would happen if you said no
today.
COMMISSIONER HILLER: Except that I think the construction
portion of this proj ect was addressed by the committees in their
discussion. So I think that -- that was my understanding from -- where
did Mr. Bonness go?
MR. CASALANGUIDA: Not that I'm aware o:f, ma'am.
COMMISSIONER HILLER: I don't know. That's what he
represented to me.
MR. CASALANGUIDA: Looking through the history, it was
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April 26, 2011
feasibility, conceptual design plans --
COMMISSIONER HILLER: But my point is, you wouldn't -- if
you bring it back for discussion about construction and design, you
wouldn't have to go through the committees again, from my
understanding. I could be mistaken. But Mr. Bonness, at the time we
spoke about this, suggested that it had already been discussed.
MR. BONNESS: Yeah. And since we've had that conversation,
I have had discussion with the FDOT as to what is possible and what
is feasible and, yes, this has gone, been vented (sic) through the T AC,
the CAC, and PAC for -- you know, subsequently following up with
all of the different items.
But the problem is is at this point, the right-of-way is not in -- is
not dedicated in possession of Collier County or not even -- it has to
be in a position where it's underneath the FDOT.
And so the FDOT at this point, until you have the constructural --
construction plans ready to go, cannot allow the -- to go into a
construction phase. So I've been told by the DOT that they absolutely
cannot use this funding at this point to be able to go into construction.
COMMISSIONER HILLER: Thank you.
MR. BONNESS: As long as it's not underneath the -- on the
DOT right-of-way to begin with. And what we're looking at is that
this is probably going to be encumbering a bunch of South Florida
Water Management right-of-way, which doesn't give them the -- us
the ability at this point. It has to be FDOT right-of-way. Thank you.
COMMISSIONER HILLER: So you basically would have to get
-- you would have to encumber that right-of-way from South Florida
Water Management, assign it over to FDOT?
MR. BONNESS: Yeah. And there's a whole series of
parameters that you have to go through from the federal standpoint to
make sure that that property was properly encumbered to be able to
use it for this type of money. That's one of the hang-ups we run into
with a lot of our projects as far as roadway and pathways is that the
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April 26, 2011
right-of-way has to be encumbered in a proper direction, too.
But this whole feasibility study and that brings it to that point so
that now you're in a position where you have -- hopefully you have
100 percent design and you're able to move ahead with going out with
a design-build or just a build contract, that hopefully we'd be able to
find some more enhancement funds that would not be taking away
from the other road-building funds. Thank you.
CHAIRMAN COYLE: Okay.
COMMISSIONER HILLER: So basically the conclusion is,
either use it now or lose it?
MR. CASALANGUIDA: Essentially.
CHAIRMAN COYLE: Okay. In case any members of the
public are confused by all this, let me try to boil it down. There's 351
-- $315,000 that's available for a study. Ifwe don't use it, some other
county probably will get the money, and they will spend it.
Part of that money is your tax money. We always like to try to
get your tax money back and spent here, but if we do spend the
$315,000 for the study, there's no assurance that anything will ever be
built because we don't have the right-of-way, we don't know the
source of the money to build the project.
So it is a perfect example of bureaucratic waste. Rather than
being able to take the money and use it wherever it serves the public's
best interests, we are entangled in these government regulations that
sort of encourage us to spend it, because if we don't spend it, it will go
somewhere else.
And spending it, by the way, has some benefits because spending
on capital projects in Collier County creates jobs for somebody. So
it's money that is being spent in Collier County rather than someplace
else to create jobs and buy materials from, hopefully, suppliers in
Collier County.
So it is a very complex process, and if you ever want to try to
understand why your tax dollars are spent so foolishly, this is a perfect
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April 26, 2011
example.
So -- and we'll be able to offer you dozens of others as we
proceed throughout the year, but nevertheless.
Is there a motion by someone on the board to resolve this issue?
Nobody wants to make that decision.
COMMISSIONER HILLER: I make a motion that we move it
back to the MPO and ask them, you know, why they advanced it to
this stage knowing all the above.
CHAIRMAN COYLE: Okay. Commissioner Hiller has made a
motion to send it back to the MPO.
COMMISSIONER HILLER: And the reason is, is because it
came here with, you know, the full support of that board, which
included all you commissioners. And so, obviously, if there's more
information that has come to light that would, you know, cause the
MPO board to change their mind, I think we need to defer to that
board that pushed it this far.
CHAIRMAN COYLE: Okay. Is there a second? Commissioner
Henning?
COMMISSIONER HENNING: What?
CHAIRMAN COYLE: Is there a second to that motion?
COMMISSIONER HENNING: Didn't hear any; did you?
CHAIRMAN COYLE: Okay. There's no second to the motion.
COMMISSIONER COLETTA: There's a light.
CHAIRMAN COYLE: So the motion dies.
Commissioner Coletta.
COMMISSIONER COLETTA: You know, it pains me to do
this, but I'm going to make a motion to move forward with staff
recommendations. We cannot pass this money up. We need to move
forward. It's one of these things, if we don't do it now, we're not going
to have money in the bank to be able to do this many -- until many
years in the future. And by getting this one out of the way, we might
be able to start to address other problems when the money becomes
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April 26, 2011
available.
CHAIRMAN COYLE: Okay. A motion by Commissioner
Coletta to approve the staffs recommendations.
COMMISSIONER FIALA: I'll second it.
CHAIRMAN COYLE: Second by Commissioner Fiala.
Is there any further discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Okay. It passed 4-1 with Commissioner
Henning dissenting.
MR. CASALANGUIDA: When you say staff recommendation,
for clarification, was that that the staff does public involvement and
the designer does 100 percent plans?
COMMISSIONER COLETTA: Yes, sir.
MR. CASALANGUIDA: Okay. Very good, sir.
COMMISSIONER HILLER: Nick, I still would like you to go
back, and I would like you to see what you can do to get this changed.
I understand what Joe said, but I still think that we could talk to
Trinity and see what we could do about potentially getting the
construction portion considered with any savings on the design.
MR. CASALANGUIDA: I would need concurrence from the
board members, ma'am, to do anything else on this item.
COMMISSIONER HILLER: I'd like to make a motion to that
effect.
COMMISSIONER FIALA: Say the motion again.
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April 26, 2011
COMMISSIONER HILLER: That Nick continue to negotiate
with FDOT that to the extent that they don't use the full budget --
because I don't believe they're going to need the full budgeted amount
to pay for the design. Are you?
MR. CASALANGUIDA: Yes, ma'am. What I would be doing
is taking that, roughly, 40-, $50,000 and saying, staffwill do the
public involvement, they would take that and take from the 60 percent
plans and go to 100 percent permittable plans. That way we'd have a
project that was ready.
COMMISSIONER HILLER: You know, I just don't understand
why the design is going to cost so much, though. I thought it would --
I mean, I understand that you have a budgeted amount, but I didn't
understand that you were going to use the full amount for the design.
MR. CASALANGUIDA: I'll give you a brief example of some
of the things we're looking at. Whether we go under Joe's proposal to
the north, to the bridge, or we do pedestrian bridges on the south side
-- on the north side but on the south end of that proj ect, I'm going to be
permitting these through the Water Management District, I'm going to
be dealing with DOT as well as Federal Highway. I'm sure they're not
going to be too keen on me crossing underneath without me having
some sort of MSC wall.
COMMISSIONER HILLER: Are you designing and permitting
it?
MR. CASALANGUIDA: Yes, ma'am. As part of this, you're
going to get a full design and permit now.
COMMISSIONER HILLER: So then the only thing that will be
left is the construction portion?
MR. CASALANGUIDA: Would be to get the easements with--
you know, typically we've had a good opportunity to get easements
from property owners. So easements for the need for process, and
then we'd be ready for construction.
COMMISSIONER HILLER: And then this will basically extend
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April 26, 2011
that greenway that's part of the Comprehensive Plan?
MR. CASALANGUIDA: Yes.
COMMISSIONER HILLER: Or not extend it, but it will
basically create that greenway that was part of the Compo Plan?
MR. CASALANGUIDA: That's the intent, but based on what --
you know, it will be based on what -- you know, it will be depending
on what the feasibility study comes out, but that's the goal of the
project, yes.
COMMISSIONER HILLER: Okay. Thank you.
MR. CASALANGUIDA: You're welcome.
CHAIRMAN COYLE: Commissioner Fiala.
COMMISSIONER FIALA: Never mind.
CHAIRMAN COYLE: Okay. Okay. We're finished with that
item.
MR.OCHS: Yes, sir.
Item #10G
APPROVING TIME AND MATERIAL WORK ORDER TO PBS&J
UNDER CONTRACT #09-5262-CZ TO DEVELOP LOCALLY-
RELEVANT AND SITE-SPECIFIC ALTERNATIVE WATER
QUALITY CRITERIA FOR THE CLAM BAY ESTUARY AND
PROVIDE CONTINUED TECHNICAL SUPPORT FOR THE
NEXT 6 MONTHS TO THE CLAM BAY TECHNICAL WORK
TEAM AS OUTLINED IN THE PBS&J PROPOSAL DATED
MARCH 7,2011 NOT TO EXCEED $77,148 - MOTION TO
APPROVE STAFF'S RECOMMENDATIONS - APPROVED
MR.OCHS: Commissioner, that takes you to your 11 a.m.
time-certain item this morning. It's Item lOG on your agenda.
It's a recommendation to approve time and material work order
with PBS&J under Contract 09-5262-CZ to develop locally relevant
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April 26, 2011
site-specific alternative water-quality criteria with the Clam Bay
Estuary and provide continued technical support for the next six
months to Clam Bay technical work team as outlined in the attached
PBS&J Proposal dated March 2,2011, in an amount not to exceed
$77,148. And Mr. McAlpin is here to present.
MR. McALPIN: Thank you. For the record, Gary McAlpin,
Coastal Zone Management.
Mr. Chair, Florida Department of Environmental Protection has
historically used a narrative standard for nutrient criteria in surface
waters. That criteria has generally served the state very well.
In 2009, EP A, under pressure from legal action, ruled that that
nutrient standard used by the state was inadequate, and they had
indicated that they would release a draft guidelines in November of
2011 but the final draft in August of 20 12 for nutrient standards for
estuaries.
The monitoring results that -- through our monitoring program
that the board directed us to move forward with in Clam Pass has
indicated that portions of Clam Bay consistently fail various
water-quality standards as outlined by the State of Florida Impaired
Water Quality Rule; that the standards themselves are most likely
problematic; that there is little evidence that there is adverse impact to
water-quality standards and nutrient -- from nutrient availability in
Clam Bay; and that that we have -- we're recommending a
hold-the-line strategy in terms of nutrient for Clam Bay; and that local
standards for chlorophyll and dissolved oxygen, generally
development of those are very -- are very appropriate.
This hold-the-line strategy would be based on technically
defensible locally relevant site-specific criteria that would avoid the
potential for expensive, unrealistic, and irrelevant data for Clam Bay.
EP A allows this criteria. The -- and allows this flexibility in its
rule-making. DEP allows this flexibility in the rule-making.
We met with Secretary Vinyard from DEP several weeks ago.
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April 26, 2011
He has wholeheartedly endorsed this approach. He's pledged his staff
to help us in development and support of these standards, and he is
definitely not in favor of a one-size- fits-all that EP A would be
.
proposIng.
Some of the NGOs you'll hear today will say that we're not being
financially responsible in developing this data now. We believe that
we're being very responsible, Mr. Chair, because we're getting in front
of this situation. We don't want to chase the wrong criteria. We don't
want the state or the federal government to come in and impose a
criteria that just is not meaningful for Collier County.
Once the draft criteria comes out, we want to be right there to
discuss why this is not appropriate for Collier County and avoid the
rush of the other counties and agencies that would be doing the same
thing.
So, Mr. Chair, we are proposing that we develop -- spend
$77,000 to develop site-specific criteria. This is a good example of an
-- a very effective private-public partnership between us and the
Pelican Bay F oundation. We have been working with them for over a
year now. They are prepared to develop a portion of this criteria
themselves. They have indicated that they would develop the
dissolved-oxygen criteria for Clam Bay.
I have Mr. Dave Tomasko; he's our chief scientist from Atkins
who was previously PBS&J, and he's prepared to do a short
presentation for the board.
Dave?
DR. TOMASKO: Thank you. For the record, Dave Tomasko.
I'm manager of the watershed science and assessment program for
Atkins.
The reason why we even talk about water quality is because --
some pretty well-known phenomenon. If you want to get your lawn to
get greener, you add nitrogen fertilizer to it for example. If you want
your water to get greener, you add nitrogen fertilizer. Most people
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April 26, 2011
don't want their water to get greener. So really the target is based on
how much nutrient pollution can a system take before it becomes too
much. That's really why we have water-quality standards.
State of Florida actually dominates water quality monitoring and
reporting. Thirty percent of all the data in the national database comes
from the State of Florida, and the State of Florida has used a narrative
criteria. For -- that narrative criteria was viewed as not being
sufficient. And so DEP had been working since 2001 to develop
numeric nutrient-concentration criteria.
In 2008 a couple environmental groups filed suit against EP A
saying that Florida's approach didn't work and that they needed to
have a numeric nutrient criteria.
In 2009, EP A says they're going to do that themselves. They
basically took that task unto themselves.
And in August of 2009, the plaintiffs and EP A agreed to a
consent decree that gives you the time line, and the time line has
already come and gone for estuarine standards, but those first
standards were withdrawn. Now they're being revised.
One of the big questions is, why are we talking about that one
indicator alone? And the honest answer that I can come up with is,
let's not -- that didn't come from estuarine scientists. That came from
advocacy groups and lawsuits. Nonetheless, that's what we're left with.
And so we have to come up with criteria that didn't actually
bubble up from the resource-management community.
I worked for National Estuary Program. I developed criteria for
another one. I know how those criteria came about, and they didn't
come about this way.
So the need is basically driven, I think, by lawsuits and policy
rather than science. So that's the world we live in. So I think what we
need to do is, we have to have as much good local science into this
criteria as possible. And I think the reasons why, because if you don't
do it locally, then someone else will do it for you.
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And one might say, why not defer it to EPA? And EPA has done
a good job with lakes, for example, because they've used almost
exactly the same numbers that were developed by DEP. And so
they're very good. They've done springs, and their numbers are
exactly what DEP has come up with. But for estuaries, they're doing
it by themselves. They're really not interacting with the State of
Florida, they're not interacting with the National Estuary Programs.
So they're kind of doing it on their own. And then in the
first-round effort that they created, the numbers made no sense. They
asked for stormwater concentrations from a place like Tampa Bay and
Sarasota Bay, both of which are cleaner than they were 30 years ago.
And they asked for nutrient concentrations that are half of the
concentration we get from landscapes where nobody lives. So that
made no sense. But that's what they developed the first time.
So they have a revised approach. Those first numbers were
withdrawn. They're doing it again. But their Science Advisory Board
basically says, you're doing this too quickly, and your approach
doesn't work. That's what would happen is you'd just defer to EPA to
generate your numbers.
The other approach is defer it to DEP. I've done a lot of work for
DEP, and DEP has some very smart, very good people there, but they
have an awful lot that they're trying to do.
And there's some impairments that they've generated right here
locally that don't necessarily make a lot of sense. Rookery Bay is
viewed by most people as a pretty pristine location. Not absolutely
pristine. It's viewed by DEP as verified impaired. It's on -- you can
look it up right now, DEP's TMDL site, and it's called verified
impaired because the water was too green in the year 2006.
In the year 2006, whoever took those samples didn't have a boat.
They sampled at the edges of sort of like boat ramps. Mac Hatcher
can fill you in on greater details of that, but it's not an appropriate
determination, yet it's out there.
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Fakahatchee Strand, 83 percent of it -- it's wetlands -- is declared
impaired for dissolved oxygen. So that doesn't make sense to us as
well.
And there's a lot of reasons to get in front of this, I believe. For
Robert's Bay -- we did a bunch of work for Sarasota County. Robert's
Bay had had a 60 percent load reduction. There was more sea grass
than there was in the 1980s, yet it was declared impaired and had a
TMDL that required the local government to come up with projects to
retrofit the watershed.
West Clark Lake in Sarasota County had an impairment, a
TMDL. They were basically directing Sarasota County to remove all
the septic tanks in the watershed. And the reality was, that
impairment was due to a bird colony upstream in a place called Mirror
Lake.
In your backyard, Gordon River extension is declared impaired
for oxygen, there's TMDLs, requires about a 30 percent reduction in
nutrient loads. That Gordon River impairment was linked to nutrients
not in the Gordon River but in the referenced sites. The referenced
sites found the link. The referenced sites also failed the DO standard.
In the Gordon River itself, on those times when you do meet the
nutrient standard, like 80 percent of the time you still fail the DO
standard. It doesn't make a lot of sense. They rushed through it.
So the question is asked, why worry about Clam Bay? There's
nothing in -- you know, Clam Bay's not declared impaired. Clam
Bay's not declared impaired because the water-quality data wasn't in
STORET, the system for declaring systems impaired or not. Now it's
in there. So it's really a matter of time before they compare it to their
standards and they say, you've got a problem. Here's your solution.
So the implications of being on the impaired list are pretty
significant. The federal regulations actually have this guidance. I'm
not a lawyer, so I pulled that right straight from the -- some of the
documentations put together by the National Estuary Programs.
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Federal regulations say that you can get rid of permitted activities
if they cause an increase or are likely to contribute to an increase in
the criteria that someone has set. So if you have, for example, in Clam
Bay, an impairment, and you've got a new shopping center or you
want to put more reclaimed anything in that watershed that requires a
stormwater permit, you could say, can't do it because it's going to
cause or contribute to an ongoing water-quality- violation.
And maybe that's exactly the right thing to do, or maybe it's not,
and that's why it's important to have the right criteria. So you better
hope that the standards make sense and, frankly, they don't always
make sense.
There's also the other issue of, it gets in the way of restoration.
So here we've got a project by State of Florida to remove a dam on
Ocklawaha River, and we can't get the permits because removing the
dam will increase nutrient loads to the lower St. Johns River.
The Water Management District says they're not going to sign off
on it, so that restoration project's not going to go forward because of a
TMDL and a permit, even though it's a restoration project a lot of
environmentalists are behind.
The relevance here is Rookery Bay, for example. Rookery Bay
is declared impaired. Rookery Bay, the next step, is supposed to be a
TMDL. Rookery Bay is impaired ecologically because it doesn't have
enough fresh water. Everyone who works in Rookery Bay in National
Estuarine Research Reserve knows that. We're part of a proposal with
staff, National Estuarine Research Reserve, to try to come up with
projects.
But you're got an impairment, and a permitted activity that would
increase nutrient loads to a system that's impaired would be
problematic. So it gets in the way of restoration as well.
So the relevant -- last slide, I swear. The relevance to Clam Bay
is that there's no clear evidence of a nutrient-related problem to the
ecology of Clam Bay. People were ready to say this four years ago,
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and I don't think they should have said it. You had to do the work to
find out whether or not that's accurate or not.
So we think a hold-the-line strategy makes sense. It would be
consistent, what we've proposed, of the approaches that have been
done by the three west-coast national estuarine programs, Tampa Bay,
Sarasota Bay, and Charlotte Harbor. That approach has been fully
vetted by FDEP.
Everyone in Florida Department of Environmental Protection
knows the type of approach that we're proposing for Clam Bay
system. It would require development of appropriate water-quality
standards for the Clam Bay system.
The approach has been described to FDEP at all levels, including
Secretary Vinyard, and we've gotten their concurrence as to the merit
of the approach and their support for it. And that's it.
CHAIRMAN COYLE: Thank you.
Commissioner Hiller, did you want to ask questions now or after
the public speakers?
COMMISSIONER HILLER: I'd like to make a couple of
comments before the public speakers speak, if I may.
CHAIRMAN COYLE: Okay. Go ahead.
COMMISSIONER HILLER: Dr. Tomasko, thank you so much
for your presentation. I've had the opportunity to hear it before, and I
think it's, you know, very carefully and thoroughly prepared. In fact,
the presentation you gave to myself and another group at an earlier
time was much more detailed. So I thank you for all the information.
I think there are some important points that need to be pulled out
of what you said, and one is that Clam Bay, as far as water quality
goes, is not impaired. And that is, I think, a very positive statement
that the community will enjoy hearing.
The fact that you have also said that we should have a
hold-the-line strategy makes a great deal of sense to me. The fact that
other communities are doing this at this time as well bolsters the
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support for this being done now so that when DEP and EP A do come
out with their standards we will be ready at the starting gate to
basically present what acceptable alternative criteria are so that we're
not slapped with an unfair label that we then have to defend against.
I would view this really as a proactive measure, and for that
reason, I think it's really the way to go. It will be far more cost
effective to be proactive than to try to defend and be reactive.
So with that, I know we have public speakers, but I would like to
make a motion that we approve staffs recommendation as presented.
COMMISSIONER HENNING: Second.
CHAIRMAN COYLE: Okay. A motion for approval of staffs
recommendations by Commissioner Hiller, second by Commissioner
Henning.
Let's call the public speakers.
MR. MITCHELL: Okay. We'll use both podiums, please. The
first speaker is --
CHAIRMAN COYLE: How many do we have, by the way?
MR. MITCHELL: Four.
CHAIRMAN COYLE: Okay.
MR. MITCHELL: Caitlin Weber, and she'll be followed by
Kathy Worley.
MS. WEBER: Good morning. Caitlin Weber here on behalf of
the Conservancy of Southwest Florida and our more than 6,000
members.
First, we would like to convey that we are not opposed to
site-specific water-quality criteria; however, the Conservancy does
have significant concerns with the current proposal to use
approximately $77,000 of the Coastal Zone Management funds to
develop alternative nutrient criteria for the Clam Bay system, a water
body meeting current nutrient criteria.
This proposal is not proactive. It is premature. It's premature
because it requests funds to develop a deviation called alternative
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nutrient criteria for a water body that is currently in compliance and,
therefore, currently requires no cleanup measures or expenditures.
It is premature because the numeric nutrient criteria that it is
proposing to deviate from have not even been established by the state
or by EP A, and thus we cannot know whether Clam Bay will or won't
be in compliance with future criteria.
It is premature because no guidelines have been developed for
how a deviation to estuarine numeric nutrient criteria would be
granted. And a state deviation process would require EP A approval of
a new rule.
Thus there is no way to know for certain if alternative criteria is
even warranted or how to set it at this time; therefore, we must ask, is
spending over $77,000 in these hard economic times to develop
alternative criteria that might not even be warranted if Clam Bay is in
compliance now and could be in the future with new criteria a
necessary and practical use of Coastal Zone Management funds?
We do not believe so and believe our limited resources would be
better served in addressing water-quality problems we know we
currently have elsewhere in Collier County. As such, the
Conservancy of Southwest Florida recommends the county wait until
numeric nutrient criteria have been established and a determination
has been made of whether or not Clam Bay is in compliance before
deciding on whether to invest in alternative criteria development.
Thank you, and I've also provided a handout detailing my
comments further. Thank you.
CHAIRMAN COYLE: Thank you.
MR. MITCHELL: The next speaker is Kathy Worley, and she'll
be followed by Steve Feldhaus.
MS. WORLEY: Hi, Kathy Worley, the Conservancy. I'm
mainly speaking for myself, though, today.
But anyway, what concerns me at this time is not the idea of
site-specific criteria alternatives, mouthful -- anyway -- but rather the
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April 26, 2011
timing and the possibility that the methodology you're using to create
these criteria for estuaries has not been firmly established or approved
by FDEP or the EPA.
And if you spend money now to develop the criteria using
methods that are not set and may not be acceptable in the future once
the new water-quality standards for estuaries have been approved by
both the FDEP and EP A -- therefore, it's possible that we might have
to spend more money later to go by whatever guidance rules for
creating these standards are developed.
Now, I know that Mr. McAlpin has said that he has spoken with
FDEP and -- in order to figure out guidance on these -- to develop the
criteria, but the problem is is that the standards are not being set until
the end of 20 12 and, therefore, before they -- they haven't set the
standards. They haven't also set the methodology to refute any
standards, to -- you know, to make a site-specific criteria and,
therefore, you could be spending money now develop -- with this
methodology, and yet they could possibly require different
methodology later on to develop these standards, so you'd have to redo
it.
You know, maybe not. Maybe the methodology will hold. The
point is, we just don't know right now. And -- and I ask that -- it's a
little bit -- it would be prudent for you to wait until more guidance has
come out on how to develop these site-specific criteria.
There's plenty of time to do this when the process has been more
firmly developed. And being proactive is great. I agree, being
proactive is very great, but being proactive when you know the rules is
better. I mean, we don't know the rules and, therefore, we could
possibly create a site-specific criteria that will not be approved down
the line.
There's going to be a while before any of these standards come
into place, and also -- probably they will be -- I believe the State of
Florida is going to be suing against this, too, so it could be a really
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long time, and your methodology could be outdated.
Thank you for listening.
CHAIRMAN COYLE: Thank you.
MR. FELDHAUS: Good morning.
CHAIRMAN COYLE: Good morning.
MR. MITCHELL: Mr. Feldhaus will be followed by Jim
Hoppensteadt.
MR. FELDHAUS: Good morning. My name is Steve Feldhaus,
and I'm appearing before you today in my role as chairman of Pelican
Bay Foundation Ad Hoc Committee on Clam Bay. I'm also the
secretary of the Pelican Bay Foundation, but it's in the former role that
I'm appearing.
We've been working very closely with the county and have
worked with them to develop the proposal that's before you today.
And I'd like to make just a couple of points.
One is, the statement was made that Clam Bay is in compliance.
It is. The documents that are in file previously were, because there
were no documents. There were no water-quality tests. We've been
out there testing, and those are showing a problem. That's not a
problem that indicates that Clam Bay is unhealthy, but it's a problem
that indicates that these numeric criteria that are being set wouldn't be
met by Clam Bay, and that's why we're here today, and that's why
we're proposing this proactive attempt to get ahead of some very
adverse water-quality numeric standards.
Now, the question is, who should you listen to? Should you
listen to the experts, Dave Tomasko of Atkins, or Dan Hammond and
Doug Durban, who are the foundation's experts who've been working
very closely with them, of Cardno ENTRIX? They recommend this
proactive approach. The people who are before you today
recommending another approach are the same people who have been
advocating strict numeric standards.
Now, I appreciate the fact that they are asking you to be careful
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about spending money. I concur and I suggest that you should be
concerned about that; however, I would say that if you don't take a
proactive approach, if you simply wait until these criteria are set by
the state, you're going to risk having a tremendous water-quality
problem out there that you may have to take very expensive
remediation steps.
This is the way to go. Thank you very much.
CHAIRMAN COYLE: Thank you.
Commissioner Hiller?
COMMISSIONER HILLER: Yes. Dr. Tomasko, I'd like you to
respond to Conservancy. They claim that, you know, there's an
argument to be made for waiting. Do you have any idea for what the
guidelines are? Do you have any idea for what the methodology will
be -- the standards and the methodology? And can you also explain--
can you go back to the last slide that you had?
DR. TOMASKO: Sure.
COMMISSIONER HILLER: It says that there are ongoing
efforts in Tampa Bay, Sarasota, Charlotte Harbor, estuary programs
fully vetted by FDEP. I'd like you to explain that.
DR. TOMASKO: Yeah. I work for local governments all over
the State of Florida, and no one's waiting for somebody in DC or
Tallahassee to create their own water-quality standards. Not -- and so
Tampa Bay has got a history of setting water-quality targets that are
realistic and achievable. That's one of the reasons why Tampa Bay is
cleaner now than it was in the '80s when I moved here.
Sarasota Bay, same thing. We didn't wait for a criteria to come
from Tallahassee or wait for it to come from Washington, D.C. We
set it ourselves, and that's what they're doing now. They're not doing
numeric nutrient criteria because it was a first choice; they're doing
numeric nutrient criteria because they're being forced to.
They're spending lots of money to do that because they want to
get ahead of the curve because they saw the numbers that were
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generated in 2010. Those numeric nutrient criteria have already been
put out for estuaries, and they were pulled back. So it's already been
generated.
So they basically are coming up on the approach so that if they
have to do numeric nutrient concentration criteria, they want it to be a
number that they can live with. They think it's realistic.
And these aren't people trying to get away from pollution. City
of Sarasota spent a hundred million dollars upgrading its wastewater
treatment plant, and they want to make sure that they get the credit for
that activity and they don't spend money doing things that don't
matter.
So the approach that we've laid out here is exactly the same with
actually some benefits, some improvements to what's been done for
the Tampa Bay, Sarasota Bay, and Charlotte Harbor watersheds.
That's a lot of counties.
COMMISSIONER HILLER: So are you saying that essentially
there -- you do have an idea of what the standards are and what the
methodology is that will ultimately be adopted? Of course, we never
know about litigation, but -- and by the way, how long will it take to
do this?
DR. TOMASKO: Our approach in this is we've -- when we have
a year's worth of data from Clam Bay, from Collier County, now that
the data is actually being put into the database where you can actually
make a judgment of impairment, we would use a year's worth of data
and we would generate that.
Now, this is an exercise that could take just a few weeks to
months, because it's analyzing the data to come up with a realistic
target so you'll know if you have a problem.
And I use an analogy all the time. My daughter's brilliant. She's
nine years old. She's in the fourth grade. She's brilliant. I know she's
smart because they give her the right tests for her age. If you gave her
an SAT, I wouldn't know if she's smart or she's not smart.
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And when you have a criteria that doesn't make sense, you don't
know if you're impaired or not. So the approach here is to be able to
come up with a number that actually makes sense for Clam Bay so
you'll know, do I have a problem or not. Because right now if you use
existing criteria, Clam Bay is verified impaired when they get all the
data and look at it. We don't think that's appropriate. We don't think
it's accurate. We want to generate, here's what you should do.
COMMISSIONER HILLER: So essentially, were you --
MR. McALPIN: Commissioner, if I may, two comments to what
Dave has said. Clam Bay is not impaired because the data is not in the
system. If the data was in the system, it was in the state system, it
would be declared impaired. So there was a comment that was made
that was -- it's not an impaired system. That's because the data is not
in the system at this point in time.
The other point --
COMMISSIONER HILLER: No, it's because -- may I just say
that it's because the water quality is not impaired, because we don't
have a problem with water quality in Clam Bay, and there is an
artificial standard which is an across-the-board standard which, if we
used the Clam Bay criteria and dropped it into that set of standards,
would be wrongly deemed impaired.
Clam Bay is normal for its own ecosystem, and that testing will
substantiate that.
MR. McALPIN: And that's what we have to prove to the state.
The other thing was, when we reviewed our methodology with
Secretary Vinyard and his deputy, they liked the approach. They
wanted to take the approach that we were using the methodology and
potentially suggest that to other counties throughout the state.
So they were very pleased with the approach we were taking for
this. So we believe we have -- we have a commitment from DEP that
the approach we're going to use is an -- is very appropriate and that
they are supportive of this process.
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COMMISSIONER HILLER: And it could also be a template for
the other water bodies in Collier County that potentially could be
wrongly deemed impaired merely because of this overly broad
standard that's being applied to estuaries; is that correct?
DR. TOMASKO: Yeah. I think you run two risks. You have
the risk of false positives and false negatives. There are places that
have problems that were the wrong criteria; you wouldn't figure it out.
And there's places that don't have a problem, but with the wrong
criteria you might call them a problem. So I think both are there until
you get local data.
CHAIRMAN COYLE: Okay. We have another speaker?
MR. MITCHELL: No, sir.
CHAIRMAN COYLE: Mr. Hoppensteadt is not going to speak?
MR.OCHS: He waived.
MR. MITCHELL: No, sir.
CHAIRMAN COYLE: Okay. All right. Very well.
Commissioners, is there a proposal? Is there a motion?
COMMISSIONER FIALA: There's a motion on the floor and a
second.
MR. OCHS : You have a motion and second.
CHAIRMAN COYLE: That's right. Motion by Commissioner
Hiller, second by Commissioner Henning for approval of staffs
recommendations.
Any further discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
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April 26, 2011
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: It passes unanimously.
Let's --
MR. McALPIN: Thank you, Mr. Chairman.
CHAIRMAN COYLE: We have another time-certain
immediately, don't we?
MR.OCHS: Yes, you do, Mr. Chairman.
Item #9B
DISCUSSING A PRIVATE DEVELOPER'S CLOSURE OF
MAMIE STREET AND THE RESULTING CUTTING OFF OF
ACCESS TO THE HISTORICAL TED SMALL WOOD'S STORE
AND OTHER RESIDENTS OF CHOKOLOSKEE AND TO
RECOMMEND THAT THE BOARD DIRECT THE COUNTY
ATTORNEY'S OFFICE TO WORK WITH STAFF AND
COMMISSIONER COLETTA TO INVESTIGATE AND REVIEW
THIS MATTER, ATTEMPT TO AMICABLY RESOLVE THE
ISSUE, AND REPORT BACK TO THE BOARD FOR FURTHER
DIRECTION - MOTION TO APPROVE STAFF'S
RECOMMENDATIONS - APPROVED
CHAIRMAN COYLE: How many speakers do we have for this
next item?
MR. MITCHELL: Sir, we have nine speakers.
CHAIRMAN COYLE: Okay. That's going to take us through
the lunchtime. We're going to break at 12 o'clock. So we'll begin, and
then we'll break and resume the discussion of the item after lunch.
MR. OCHS: Sure.
CHAIRMAN COYLE: Commissioner -- I guess Commissioner
Coletta is the first speaker?
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April 26, 2011
COMMISSIONER COLETTA: More than the first speaker. I'm
the presenter.
CHAIRMAN COYLE: Okay.
COMMISSIONER COLETTA: Sir, I ask you --I'm going to be
fairly brief in the presentation I'm going to make. Possibly we might
be able to hear all the speakers. They've traveled quite a distance to
be here today. And rather than make them wait while we go through
our lunch hour, we might be able to run just a little bit late. But I
know you'll keep track of the time and do what you know is best.
CHAIRMAN COYLE: I will. Your time has expired.
COMMISSIONER HENNING: Next speaker?
COMMISSIONER COLETTA: Motion to adjourn. No, if you
would put that one on first.
The Smallwood Store was built in 1906 and has in the past
served the residents and visitors of Chokoloskee and the Everglades
City area as a post office, Indian trading post, and sold all sorts of dry
goods. Today it serves the area as an important tourist designation
that brings many people into that area and helps the business.
On April 13th, the developer, Florida/Georgia Grows, LLP, cut
off the access to the historical Tedwood -- Ted's Smallwood Store by
digging up a portion of Mamie Street on the developer's property.
This action was taken in an attempt to remove the Army Corps of
Engineers' objection to a secondary street that they were looking for
for access.
You can put the next one up there, please. As you can see, it's no
longer an accessible museum.
Next slide. And here's a pile of the asphalt. And by the way, that
is county property asphalt. It was -- the county put that down some
time ago, and I'm going to show you where we are in the process of
approving that.
Next slide. And here's a picture showing where the museum is
located and Mamie Street the way it comes down.
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April 26, 2011
Next slide. What the developer was hoping for is that if he could
remove the primary access, the Army Corps of Engineers would grant
permission to be able to put in culverts and a road connecting the
Smallwood Museum to Calusa Drive. And this would be the way
through. Right now if you want to go visit the museum, you have to
go down a private road, you have to walk across this -- oh, I would
call it maybe a golf cart path. You can't go by -- you can't go there
when the tide's up because it's just a little bit too high unless you're
wearing boots.
Next slide. This is Calusa Drive, a private residence where the
neighbors there have been enjoying the peace and tranquility for a
long time, and they're very concerned that they're going to be forced
into losing that private drive to the developer to make amends for what
he did with the street.
Next slide. Okay. What you have before you now is a 1972
document recognizing various streets on Chokoloskee as county roads.
This just came to my attention today. We were hoping we'd find it
sooner, but it just came up today.
Next slide.
COMMISSIONER FIALA: Mamie Street is on there, correct?
COMMISSIONER COLETTA: It is; however, this is a little bit
of a problem that we're going to have to get past, and I want you to
know everything up front. If you look at this map, this was the
attachment. Mamie Street ends at the -- right at Chokoloskee Drive
according to this map; however, with that said -- next slide, how am I
doing on time, sir?
CHAIRMAN COYLE: You're over now, but --
COMMISSIONER COLETTA: That's okay. I'll talk faster.
CHAIRMAN COYLE: -- I'll grant you a brief extension.
COMMISSIONER COLETTA: Anyone that's been here for a
while can remember George Archibald, Norm Feder's predecessor.
He was well loved and respected, went to work for the City of Naples.
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April 26, 2011
He submitted a letter, and briefly the testimony in his letter is that this
has been a county road maintained by the county for many years. And
today you're going to hear testimony from a number of people in
Chokoloskee also stating to that fact.
And I'd like to bring your attention to Florida Statute 75.36,
which provides that a road that is maintained for four or more years by
a county, the municipality shall be deemed dedicated to the public
whether or not the road has been formally established as a public
highway.
Now, keep that in mind as we go forward with the discussions. If
that is true, no one came to you and asked for you to vacate the road
so they could tear it up. So I think we've been left out of the process.
And I believe that completes the papers there. But now, what I'm
proposing is, simply, I would like to be able to work with the county
attorney to be able to do some more fact finding to be able to come
back to you in two weeks and tell you if we could possibly reach some
sort of agreement out there that won't involve the courts and won't
involve taking people to task. They'd just be able to reach an
agreement and come up with something that will be able to get us
where we need to be.
If not, I'll come back at that time and tell you what I found, and
possibly this commission will be so gracious as to allow the county
attorney to be able to bring legal action in the county's behalf against
the developer.
And that's what I have to offer at this time.
CHAIRMAN COYLE: Okay. Thank you very much.
Commissioner Henning, you have a question at this point?
COMMISSIONER HENNING: I think what you're asking is for
you to be authorized to work with the county attorney, to sit down
with the two parties to see if there is a workable solution.
COMMISSIONER COLETTA: Fairly correct, Commissioner
Henning; only there's more than two parties.
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April 26, 2011
COMMISSIONER HENNING: Okay.
COMMISSIONER COLETTA: There's a whole community
now.
COMMISSIONER HENNING: Well, the -- the parties?
COMMISSIONER COLETTA: That's correct. That would be
absolutely correct.
COMMISSIONER HENNING: Well, I'll make that motion. I
think it's very reasonable --
COMMISSIONER FIALA: Second.
COMMISSIONER HENNING: -- to do so. And I know that I
forwarded some information to Mr. Klatzkow, a court document that
was in the plat for this property, the Smallwood subdivision.
COMMISSIONER COLETTA: Yeah. The evidence supporting
action on the part of the county is getting stronger by the moment.
When we first started out, there was a denial by everyone in the
county that they never had anything to do with the road, Mamie Drive.
Since then we're finding all sorts of information. And as we go
forward through the next two weeks, I'm sure even more information
will turn up.
CHAIRMAN COYLE: Okay.
COMMISSIONER HENNING: Yeah. I mean, I don't have a
problem. I think this is a historical site that has been used by the
public; therefore, it deems for the public -- the board, on behalf of the
public, to get involved in it. But I don't want to set precedence on
other civil disputes. This one is very special. It is a public access
that's been used for a long time, so --
CHAIRMAN COYLE: And the guidance is that the --
Commissioner Henning (sic), in coordination with the county attorney
and all stakeholders, I would presume, would gather additional
information which he would use as a basis for making a
recommendation to the Board of County Commissioners as to further
disposition.
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April 26, 2011
COMMISSIONER FIALA: You mean Commissioner Coletta?
CHAIRMAN COYLE: Coletta. Did I say someone else?
COMMISSIONER FIALA: Henning.
CHAIRMAN COYLE: Okay. Commissioner Coletta, I'm sorry.
COMMISSIONER HENNING: Well, I think try to come to
some resolution before -- it might not have to come back to the Board
of Commissioners, but if it does, there's not resolution, it does need to
come back to the board.
CHAIRMAN COYLE: Yeah.
COMMISSIONER HENNING: Yeah.
COMMISSIONER COLETTA: What I would propose, sir, is
that even if there is resolution, I'll come back and make a report.
COMMISSIONER HENNING: Oh, thank you.
CHAIRMAN COYLE: Yeah, that's better, yeah. Okay.
All in favor -- wait a minute. We have more public speakers.
Let's call the next public speaker.
MR. MITCHELL: I will -- again, we'll use both podiums, please.
The first speaker is Thomas Campbell, and he'll be followed by Lynn
McMillan.
MR. CAMPBELL: Tom Campbell, City of Naples. I appreciate,
Mr. Coletta, your bringing this to the board's attention and the
attention the board is giving this issue, because this is not just a local
issue. This is in the eyes of the nation, this being a historical site.
When we talk about the Smallwood Store, we are talking about
the very history of Collier County, Florida. It is a county and state
rich in history. Florida was the least-populated southern state in 1940
and ranked only 27th nationally but has in recent history become the
fourth most populous state and will soon be the third most populous
state.
The growth has been beyond imagination in the last several
decades. There have been some good decisions made and some really
horrible decisions made in that short period of time.
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April 26, 2011
Thanks to the efforts of a surprisingly few people with vision,
some of our rich history has been saved for generations to come.
Some of these people were and are government officials who were not
just politicians seeking reelection by popular yet shortsighted
decisions, but people of statesman-like vision. Some of these people
were people like Marjorie Stoneman Douglas, who could inspire
through her writings and sheer honest leadership. Even the Olde
Florida legislature of good ole boys to fall silent when she arrived and
listened carefully to what she had to say. But for her much of what is
still good about Florida would not still exist.
She told me one afternoon at Indian Days, dressed in her
Seminole outfit at the Smallwood Store, that this was one of her most
favorite places in Florida because it was not a lifeless museum but a
living representation of the past. It is, after all, still hosted by the
grace of the original descendents and is surrounded by the waters of
Chokoloskee, which still exist in a state not much different from the
way they looked from the store's porch in 1917.
She whispered at 102, "I just like to touch the wood here and feel
the memories, and I like to see the young people's eyes open wide."
The Smallwoods and McMillin families, who still run the store,
earn their living from the sea in a time when that is not easy to do.
They have spent a good deal of time, when not fixing their traps and
nets, restoring the store with their bare hands.
Giving back is a family tradition. Lynn's dad, AC Hancock's
picture is -- can be found outside these chambers as a commissioner
who gave his time to serve the county.
When Hurricane Andrew hit Miami, it was these same people
who could least afford it who loaded up ice at Johnson's Ice House and
stopped everything they were doing to make the trips to help those in
Miami. It is the culture of these people to give back even though their
resources are always stretched. Their continuation of the store is a
service of love.
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April 26, 2011
I believe there's clear legal reasons why this fence blocking the
county-maintained road and now posing such a violent blow to the
store's existence is immediate violation of Florida law, but even if it
were not, the Constitution confers the authority upon the states by the
10th Amendment, the right to delegate to their political subdivisions
measures to preserve and protect the safety, health, welfare, and
morals of the community. It is the basis of our zoning laws and other
matters enacted for the public purpose or good.
This store is our county's greatest historical treasure and must not
be allowed to fail after all these years by the exercise of purely
monetary pursuits to the exclusion of all other human interests.
If reason does not prevail, then eminent domain must follow to
preserve this precious place mounted on wood pilings that has, as the
inspirational place that is, withstood a century of hurricanes. Thank
you.
CHAIRMAN COYLE: Thank you very much.
COMMISSIONER HENNING: Mr. Chairman.
CHAIRMAN COYLE: Yes.
COMMISSIONER HENNING: Just an observation.
CHAIRMAN COYLE: Sure.
COMMISSIONER HENNING: I don't see anybody against the
direction. I would like to hear from any of the public that is opposed
to the direction the board has given, and the others may want to waive
so they don't have to come back after --
CHAIRMAN COYLE: Yeah, saves you and us a lot of time if--
is there anyone who is registered to speak who is not in favor of the
pending motion?
(No response.)
CHAIRMAN COYLE: Is there anyone here who is in favor of
the pending motion?
(Hands raised.)
CHAIRMAN COYLE: I think that's your question -- that
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April 26, 2011
answers your question.
COMMISSIONER HENNING: Okay.
CHAIRMAN COYLE: Would you have objection to waiving
your right to speak and let us vote on the motion? Would anyone have
objection to that?
(No response.)
CHAIRMAN COYLE: So everyone waives, right? You waive?
Okay. I am going to call the question. All in favor--
COMMISSIONER FIALA: But I just want to say one fast thing.
CHAIRMAN COYLE: Okay.
COMMISSIONER FIALA: In 1974 when I first came here, that
was the first place I visited was the Smallwood Store. Of course, there
wasn't much else in here in Collier County at the time anyway, but--
so I have a real passion for it, so thank you for letting me be a part of
the vote to save it.
CHAIRMAN COYLE: Okay.
COMMISSIONER FIALA: Thank you.
CHAIRMAN COYLE: Okay. All in favor of the motion, please
signify by saying aye.
COMMISSIONER HILLER: (Absent.)
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: We have done it.
COMMISSIONER FIALA: Thank you.
CHAIRMAN COYLE: Thank you.
COMMISSIONER FIALA: Thank you, folks, for being here.
CHAIRMAN COYLE: Thank you very much for being here.
Now you don't have to come back after lunch, unless you want to.
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April 26, 2011
You could come back after lunch.
Now everybody's going to leave. We have something to do right
after this before we break for lunch.
COMMISSIONER FIALA: We do?
CHAIRMAN COYLE: Yes, we do.
COMMISSIONER FIALA: Oh, they're gorgeous. Oh my
goodness. That's magnificent.
COMMISSIONER HENNING: I'd rather have a six-pack for my
birthday instead of a vase.
CHAIRMAN COYLE: We could arrange that for your birthday
if you'd like.
COMMISSIONER HENNING: Well, I thought this is what it
was all about.
CHAIRMAN COYLE: Ladies and Gentlemen, we --
COMMISSIONER FIALA: We've put this here to hide Fred -- I
mean Commissioner Coyle.
CHAIRMAN COYLE: Does it make me look more attractive?
COMMISSIONER FIALA: Immensely.
CHAIRMAN COYLE: Just hiding behind it will do that.
Okay. County Manager, will you take us to the next item?
Item #10H
A BUDGET AMENDMENT IN THE AMOUNT OF $25,000
TOGETHER WITH A MEMORANDUM OF UNDERSTANDING
(MOU) IMPLEMENTING THE BOARD'S DIRECTION TO
PROVIDE FUNDING TO THE EARLY LEARNING COALITION
OF SOUTHWEST FLORIDA~ INC. - APPROVED
MR.OCHS: Yes, sir. One item quickly is -- would be Item 10H
that was moved from your consent agenda today. It's a
recommendation to approve a budget amendment in the amount of
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$25,000 together with the memorandum of understanding
implementing the board's direction to provide funding to the Early
Learning Coalition of Southwest Florida, Incorporated, and this item
was moved to the regular agenda by Commissioner Coy Ie.
CHAIRMAN COYLE: And I did so only because there was a
member of the public who complained that there was no opportunity
for public debate. So I promised him that there would be a chance for
public debate because we would have it at this meeting.
So the man who complained about that is standing there. If you
want to speak about this, then please do so.
MR. MITCHELL: The speaker is--
MR. BILLINGTON: I never doubted that you'd keep your word.
F or the record, Duane Billington.
CHAIRMAN COYLE: Okay. Thank you very much.
MR. BILLINGTON: I have nothing against the organization that
applied for this 25,000.
CHAIRMAN COYLE: Okay.
MR. BILLINGTON: I did have a problem with the way it was
presented. It was under public petition. This board did not hear any
public comment. Staff was instructed to go ahead and make
arrangements for the payment of the $25,000 and also to work with
the organization in the future for future donations from the county.
This organization may be very worthwhile. I went on their
website. They do purportedly do a lot of good work, some of which
other organizations here in the county are currently involved in.
What I couldn't find on the website about this organization that's
based in Lee County, not Collier County, is what local charities they
disperse monies to. They are a coalition.
So my purpose at the prior meeting was to pose these questions
so the public could be better informed.
CHAIRMAN COYLE: Can we get those questions answered for
you now? Kathleen?
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April 26, 2011
MS. REYNOLDS: Yes, yes. Thank you, and thank you so much
for taking us now.
The Early Learning Coalition -- there are 31 coalitions in the
state. Our coalition covers four counties, and we do have an office in
Collier County.
The way that the coalition works -- this is about bringing in on an
ongoing basis about $2.3 million a year that gets dispersed to
childcare centers, 150 -- and I don't have papers in front of me, but
approximately 150 childcare centers in Collier County where we are
funding the children of the working poor so that they can go to work.
We have -- and I gave you the data last time I was here -- over a
thousand people who are currently employed just because we're
funding that.
It's wonderful that your CDBG money built this new Fun Time,
which I've been to and is a beautiful place. The tuition for those kids
at Fun Time significantly are being borne by the coalition.
So if we weren't able to bring in the money, you'd have this nice
building without the funds to put the kids in the building. So that's
why it's just really critical.
MR. BILLINGTON: I was curious. I went on the Department of
Agriculture website. Last year your organization obtained and
expended $41 million for your programs, and you are here asking for
25,000. I understand the reason is because it was a caveat of a grant
where you had to get it from the county and you couldn't get it;
otherwise, you wouldn't get the grant; is that correct?
MS. REYNOLDS: Well, the way that it works, the state puts
certain amount of monies that are initially -- the funding is to the
coalition. It's up to the board of directors whether or not to
disseminate those funds by county.
What the state asks me to do is to secure what's called a match, a
6 percent match. In return for the $2.3 million that's invested in
getting people to work in Collier County, what they ask back is
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April 26, 2011
$150,000.
Historically we have had challenges getting that money. This
year the Wine Festival people, Naples Children Education Foundation
came forward and put $250,000 on the table over five years to
encourage this dialogue.
If the approximately thousand-plus people who are working right
now as a result of the coalition paying their childcare in Collier
County were not able to go to work, AWl, the Agency for Workforce
Innovation, calculates that it would cost taxpayers $10,000 between
welfare, food assistance, housing assistance.
This is a win-win for everybody. And I'm very grateful that the
commissioners recognized that at our last meeting.
CHAIRMAN COYLE: Duane, if you have any other questions
of that nature, would you please maybe direct --
MR. BILLINGTON: I'll make it very brief.
COMMISSIONER HENNING: I have a question of Mr.
Billington.
CHAIRMAN COYLE: Okay.
COMMISSIONER HENNING: How should we respond to the
public under public petitions? Obviously you have a different way
that you think that we should do business with the public. Please
share it.
MR. BILLINGTON: I think if it's going to be something voted
on and acted on under public petition, then the floor should be open to
public comment, and the public present at the time should be able to
fill out a form to speak on the matter.
COMMISSIONER HENNING: Well, the item did come back.
MR. BILLINGTON: Well, it came back now, but it's kind of fait
accompli. You already approved it.
COMMISSIONER HENNING: No, no we haven't. This is the
item to where -- the motion was is to bring it back for a budget
amendment, and the county manager --
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April 26, 2011
MR. BILLINGTON: Okay.
COMMISSIONER HENNING: -- decided to put some teeth
within the memorandum of understanding of the coalition, a
reporting-type thing of the coalition.
So this is where the rubber meets the road. They don't have the
money. It still needs to be processed, and then it will go to them.
MR. BILLINGTON: Had you not taken it off the consent
agenda, the public wouldn't have had the opportunity to speak right
now, although I knew Fred would make good on his promise.
CHAIRMAN COYLE: Of course you would. Let's just make
sure you understand the process and the public understands the
process. What we did was authorize a budget amendment, not
expenditure of funds. Nobody had the authority to spend any funds.
We authorized a budget amendment to be brought back to us at this
meeting.
MR. BILLINGTON: Okay.
CHAIRMAN COYLE: So it was brought back, and it was
placed on the consent agenda. Anybody has the right to request that
an item be moved from the consent to the regular agenda.
So if a concerned citizen wanted to do that, that's why we have
an opportunity for citizens to speak at the beginning of the meeting
before we approve the agenda. So if someone wants to take
something off the consent or even the summary agenda, they can ask
us to do that at that point in time, or you can go individually to any
commissioner and say, would you please pull this and put it on the
regular agenda.
So there's always the opportunity for the public to have a
discussion of anything in our agenda, whether it's in the regular
portion of the agenda, the consent agenda, or the summary agenda. So
it's just a matter of understanding the process. Okay.
So I think we're all set.
COMMISSIONER FIALA: Motion to approve.
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April 26, 2011
CHAIRMAN COYLE: And we have a motion to approve by
Commissioner Fiala and seconded by me.
All in favor -- is there any further discussion?
(No response.)
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: It is approved.
And now we have a presentation to make. Come on out here,
Sam. Many of you who have had the opportunity of working with my
aide, Sam, will be disappointed to learn that she is leaving us. She is
moving to Orlando to be with her fiance, a very good reason for
leaving here, but we're going to miss her. She's done a wonderful job.
She's worked with Collier County for ten years in the commission
office serving as aide to Collier County Commissioners.
So we're going to provide her with a plaque to recognize her
faithful and professional service to Collier County Government, and
we're going to probably carry these flowers for her back to her desk as
a token of our appreciation and how much we really, really will miss
you. Here's your plaque.
(Applause.)
CHAIRMAN COYLE: You'd think she was retiring, wouldn't
you?
Where is Krista? Is she still here? No, she's gone, okay. You'll
get a chance to meet my new aide soon.
MS. TUCKER: Easy come, easy go.
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April 26, 2011
CHAIRMAN COYLE: Again, thank you very much. And now
we're going to adjourn, and we're going to have a lunch for Sam, and
we'll be back here at 1 :03 . We're going to recess.
(A luncheon recess was had.)
CHAIRMAN COYLE: Ladies and gentlemen, Board of County
Commissioner meeting is back in session.
We have a one o'clock time-certain, don't we, County Manager?
Item #10D
ACKNOWLEDGE AND ACCEPT THE CHANGES IN
PROTOCOLS INSTITUTED BY THE COLLIER COUNTY
MEDICAL DIRECTOR - MOTION FOR ALL STAKEHOLDERS
TO MEET AND WORKOUT PROTOCOLS, BRINGING BACK
RECOMMENDATIONS TO THE BOARD FOR APPROVAL -
APPROVED
MR.OCHS: Yes, sir. It's Item 10D on your agenda. It's a
recommendation to acknowledge and accept the changes and
protocols instituted by the Collier County Medical Director. Mr.
Summers and Dr. Tober are here to present or answer questions, sir,
whichever you prefer.
CHAIRMAN COYLE: Okay.
Commissioner Henning, your light was on from before or --
COMMISSIONER HENNING: No, I just turned it on.
CHAIRMAN COYLE: Okay.
COMMISSIONER HENNING: I just had one question, and it is
related to this item, but it's not on point. The extra unit in the City of
Naples, where did that extra unit come from?
MR. SUMMERS: Commissioner, for the record, Dan Summers,
director of Bureau of Emergency Services, Emergency Management.
I'm going to let Chief Page talk to you just a little bit about that
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April 26, 2011
temporary reconfiguration.
Chief?
CHIEF PAGE: For the record, Jeff Page with Emergency and
Medical Services.
Commissioner, that unit was a unit that was a growth unit a few
years ago that we never were able to actually afford to build a station
for, and I have two of those units that are assigned at stations that have
the capacity to handle a second unit, and that one specifically was at
Vanderbilt Beach Road and 41 by the library there.
COMMISSIONER HENNING: Okay. Thank you.
MR. PAGE: And if I can, this -- this is from the Blue Ribbon
Committee. These are clusters of calls, and all three of these clusters
are in the city, and this one's in East Naples. But it pretty much
justifies moving that unit down here just based on this information
here.
CHAIRMAN COYLE: Okay. Does that answer your question,
Commissioner Henning?
COMMISSIONER HENNING: Yes, it does. Thank you.
CHAIRMAN COYLE: Okay. Commissioner Hiller?
COMMISSIONER HILLER: Chief Page, I just want to make
sure I understand, so this move was not precipitated by anything that
occurred? This was basically a decision that you made because the --
the level of service necessitated the relocation, and it wasn't going to
affect the level of service in North Naples?
CHIEF PAGE: If you look at the number of calls that transpire
in the city area, coupled with the fact of downtime that medic units are
trying to offload patients at the hospital, sometimes that can be a
30-minute wait by itself. It does kind of give us the stimulus to put it
down there; however, this is just a temporary move. I mean, it's
something that we could move that unit basically anywhere that there's
a need to.
COMMISSIONER HILLER: So is this, in effect, like a floater
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April 26, 2011
unit that you have that you move wherever you identify a hot spot at a
particular point in time? So it's not necessarily going to adversely
affect what you've established as the level of service for an area, or I
should say the equipment necessary to maintain the level of service for
any particular area. It's supplemental as opposed to taking away
from?
MR. PAGE: Right. The units move all around all day long. I
think it was just the day before yesterday I was down to one unit in the
urban area, and we actually had to move the Ave Maria Unit into the
city just to -- just because of call volume.
COMMISSIONER HILLER: Because of the demand in a
particular area at a point in time. So -- I see. So it's a temporary issue.
Because I've heard concerns expressed and, you know, some people
thought -- and I do want to clarify that what we're talking about
ambulances from --
MR. PAGE: Transports.
COMMISSIONER HILLER: Yeah, transport, which is different
than the responding units, like the ALS units. And I think there was
some confusion and concern on the part of some citizens where they
thought that you were, you know, somehow compromising the service
by doing what you're doing. But based on your explanation, that isn't
the case?
MR. PAGE: Well, they actually -- you know, where these units
start out at the day and where they bunk at night, that's basically what
we're talking about. Those units will move --
COMMISSIONER HILLER: Throughout the county at any
point in time.
CHIEF PAGE: Exactly.
COMMISSIONER HILLER: So it's just -- okay. That's a very
important clarification. Thank you so much.
CHIEF PAGE: Sure.
CHAIRMAN COYLE: Okay. Any other questions?
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April 26, 2011
(No response.)
CHAIRMAN COYLE: Are you prepared to vote on this?
COMMISSIONER HENNING: I am. I don't know if there's any
public speakers.
MR. MITCHELL: Sir, we have public speakers.
CHAIRMAN COYLE: How many do you have?
MR. MITCHELL: Three.
CHAIRMAN COYLE: Okay. Let's call them.
MR. MITCHELL: The first speaker will be Orly Stolts, and he'll
be followed by Jorge Aguilera.
CHIEF STOL TS: Good afternoon, Commissioners. I'm a little
unclear on what we're voting on. I know I did see a letter from Dr.
Tober to the commissioners about changing the response -- responding
on all advanced life support or all calls for service when 911 is called.
I'm not sure. Are you talking about fire service or just Collier
EMS ambulance? Can anybody answer that?
CHAIRMAN COYLE: Let's let our EMS people answer that.
Dr. Tober or Jeff?
DR. TOBER: I -- Commissioner Coyle, I came up here today at
invitation thinking that there might be some specific questions that
popped up as a result of some of the incidences that happened a couple
of weeks ago in the city.
And I did send all of you letters that -- some of the immediate
fixes for that was simultaneously now dispatching EMS along with
fire, at least in the city. The weaknesses revealed in these couple of
incidences that happened a few weeks ago, actually including one
where I was the 911 caller trying to get an ambulance to the scene of a
vehicle struck by a -- a pedestrian struck by a vehicle, and fire had
arrived on scene before I could even get the emergency medical
dispatcher to send an ambulance because of this rather involved
emergency medical dispatch program that we have.
And I think as a result of this, this sequence of incidences that
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April 26, 2011
took place, that it's -- it -- I'm trying to turn this into an opportunity
where the Sheriffs Department, fire, and EMS can try to come
together and iron out these difficulties once and for all.
From an immediate EMS standpoint, what we're doing in the city
is that we are rolling now at the same moment that fire does because
we have extra radios in those -- in those ambulances so that we're
dispatched at the same time. We're all going to roll hot, lights and
sirens out of the station. Once additional information is gathered, if the
call is indeed confirmed to be minor, at least EMS will turn off that
hot response to spare any high-speed unnecessary travel on streets.
What I'd like to do is work this out so that we are all sort of
singing from the same book. You all, or some of you, mayor may not
remember this color-coded response matrix that we tried to work out
with fire and EMS, trying to decide who would go to what types of
calls.
This was something we all built jointly, but we need to go back
to the table and find common agreement in this along with the
challenge of figuring out exactly what we're going to do with dispatch
and whether or not medical dispatch of EMS should remain in the
Sheriffs Department; perhaps medical dispatch could go over to the
city dispatch system altogether. These are all things that we'd like to
sit down with all parties and try to work out and figure out the best
permanent fix rather than a Band-Aid for these systems.
CHAIRMAN COYLE: Okay. But the answer to ChiefStolts'
question, this proposed change in protocol has to apply to anyone who
responds to an EMS call; is that not correct?
DR. TOBER: Well, yes. My feeling is that like the fire
department, when we are toned to a call, we're all going to start off
hot, both fire and EMS, and then we are going to back off if, indeed,
there is a confirmation that it is not a life-threatening situation.
Where things get convoluted -- and we need to sit down at the
table and work this out -- is what are we going to do, for instance, in
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April 26, 2011
the north part of the county where North Naples now has a COPCN
when a nursing call comes in -- nursing home call comes in?
Traditionally these are assumed to be transport, just go ahead, go
over there and pick up the patient, but as recently as a couple of weeks
ago, we had a minor -- we had a nursing home call that turned out to
be a cardiac arrest.
I've spent many years taking care of patients in nursing homes,
and most of the nurses are not accustomed to cardiac-arrest scenarios
and are not practiced at it, and really in a situation like that, we need
all hands on deck to respond to those.
Again, these are things that we need to work out with,
specifically, North Naples. And in addition we need to work out who
and how are we going to respond to the whole myriad of calls that we
get across all nine fire districts, not just North Naples. And this is
really not worked out yet. We have very inconsistent response
programs depending on which fire department you're talking about.
CHAIRMAN COYLE: Okay. So I guess, bottom line is, there is
some discussion and negotiation about these issues before they've
become fixed procedures; is that--
DR. TOBER: Right. And, again, using the media alert that we
had with this pair of issues in the city, we tried to establish an
immediate fix for this, and now we're looking -- I'm looking through
(sic) specifically Jorge and Orley to try to come up to some meeting of
the minds, not only in North, but we need to do this across the entire
spectrum of the county.
Jeff and I met with Chief McInerny from the city this morning,
and I think that anything that we do is facilitated to an extent if we get
the encouragement of the BCC to push towards some form of
uniformity and the most expeditious and effective way to get the right
people to the right situations as fast as possible.
CHAIRMAN COYLE: Okay. Let me ask Chief Stolts. Chief
Stolts, do you disagree with any of these things? Do you have some
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argument with them?
CHIEF STOL TS: No, no. I just wanted some clarification there.
I'd really like to see you take the position on, perhaps, sending all of
us back and work on this and put it together and come back later on
with a little bit better plan.
I just feel this is a knee-jerk reaction to a particular call that
happened down into the city. I really have a hard time with the Board
of Collier County Commission directing our independent fire district
on what we go do when we turn on the red lights or not. I pay a lot of
money for officers to sit in those particular seats of those trucks to
make those pertinent decisions. I really don't want to get ourselves in
a position where we're responding red lights and siren to somebody
who stubbed their toe and just needed a ride down in the ambulance,
and we T -bone a car at an intersection someplace. Somebody would
have a lot of explaining to do if I were running down the road red
lights and sirens on a minor call and we injure somebody.
So I'd really like to have the opportunity for us all to go back,
work on this a little bit. I think we can come up with a good solution.
We've got many, many issues here that need to be addressed from the
emergency medical dispatch system at the 911 center, how that is
working or not working, all the way to who responds to what
particular calls.
So I'd like to have an opportunity to work this out before any
type of decision would be made.
CHAIRMAN COYLE: Okay. Good. Do we have other
speakers?
MR. MITCHELL: Yes. We have Jorge Ag--
CHAIRMAN COYLE: Aguilera.
MR. MITCHELL: Aguilera, and then James Cunningham.
MR. AGUILERA: Good afternoon, Commissioners. For the
record, Jorge Aguilera, deputy chiefwith EMS for the North Naples
Fire Department.
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April 26, 2011
Really just to support the chief. And I spoke to Dr. Tober earlier
today. And, again, just, you know, caution the board; hopefully the
direction would be is to send this back rather than taking any action
right now.
I think reality of what happened in the city has prompted a
reaction, and I don't think we've really worked through exactly that. I
know we've met with Sheriff Rambosk. I think he's done some
backup work right now, and he hasn't ready prepared yet -- I know his
staff is working on it, but I would like to encourage the board to see if
we can work with Sheriff Rambosk as the head of the communications
center with Dr. Tober's staff and the fire and all the stakeholders to get
together and actually dissect this and find out where really is the issue,
because we really don't know.
The events that happened in the city was that there was a unit that
did not make it to the call on time. Subsequent to that problem, we
found out that there are some delays in there or some perceived delays
in there, but we really haven't fixed exactly, where are they, are they
fixable, what are some of the options?
So before we try to do a blanket, countywide change or at least
try to, I think it's -- would be encouraging to us to be able to get
direction to go back and spend some time and work with the sherif:f,
work with all the personnel, and maybe come back, as Chief Stolts
says and Dr. Tober, with a unified decision saying, this is probably
what works countywide, not just in the City of Naples.
CHAIRMAN COYLE: Okay. Thank you.
MR. CUNNINGHAM: James Cunningham, for the record.
Commission, good afternoon. Just a couple points of
clarification. I'm the operations chief for the North Naples Fire
District.
And, you know, one of the reasons we're also asking to go back
and get with Dr. Tober is Dr. Tober and EMS is obviously not aware
of how the responses are. We've got a number of trends that we have
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April 26, 2011
seen over the course of the past several years through the EMD
process where calls such as a sick person at the 26 alpha level or a call
where a person was unresponsive or fainted, that's a 31 alpha one
level, that the person's regained consciousness, under the policy of
EMS, they were going just cold response, no lights and sirens. The fire
district recognized those as trends that had been predominantly
. .
comIng In.
We've had a number of cardiac arrests over the years, so those
were calls we were already responding to. So we have already
addressed -- many of the concerns that you saw written on paper we
have addressed over the course of several years.
And I think if you'd just allow us an opportunity to meet with Dr.
Tober to bring him up to speeds at how we were able to address those
trends, what trends we saw as an agency that were also countywide --
several other agencies saw the same occurrence, and we worked that
process together. I think if we just -- give us an opportunity to get
with Dr. Tober over the course of the next couple weeks and not take
any action on this today.
In addition, he mentions cardiac arrests at assisted-living
facilities. If a doctor or nurse is on scene and has evaluated the
patient, for years we've all talked about, why are fire trucks going to
those calls along with a transport unit? However, if it's a cardiac arrest
or respiratory arrest, we also respond on the initial tone.
So we are going to those calls because we recognize they need
more additional assistance. But for, you know, person's blood levels
that are off that's been evaluated by doctor or nurse there, we don't
necessarily see the need for the fire department to also respond in
taking two ALS units out of service or two units in an area where you
could have, obviously, concurrent calls.
North Naples specifically had over 2,000 calls for service last
year that EMS -- that required an EMS transporting unit that fire was
not sent, whether it's a stubbed toe or a person being evaluated by a
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April 26, 2011
nurse or doctor, and we'd ask you that -- not do a knee-jerk reaction
and negatively impact the responses that exist out there; allow us some
time to work with the doctor and everybody involved so we can come
to you with a complete document that won't be just a Band-Aid, that
will be a long-term fix rather than take an action on this agenda item
today.
CHAIRMAN COYLE: Okay, good. If I understood Dr. Tober
correctly, that's exactly what he's suggesting.
DR. TOBER: Yes, sir.
MR. MITCHELL: And, sir, we do have one final speaker, Roy
Arigo, and he's representing Petitioner (sic) SheriffRambosk.
CAPTAIN ARIGO: Good afternoon. Roy Arigo, captain with
the Collier County Sheriffs Office.
The sheriff has asked me to convey to everyone that he, along
with the rest of our public-safety partners, are committed to reducing
response times and -- with EMS, fire, Dr. Tober; we want to work
together.
We have been looking at our EMD program. We have a
presentation prepared. And in the next few weeks we will start
meeting with our partners and presenting our information.
CHAIRMAN COYLE: Good, good. Thank you very much.
Excellent.
Commissioner Hiller?
COMMISSIONER HILLER: Yes. I want to thank you all for
your presentations.
I just want to bring something to your attention. First of all, I'm
very encouraged that everybody wants to sit down at a table and
discuss these protocols. It's obviously extremely important.
Dr. Tober, you sent me this article, right?
DR. TOBER: Yes.
COMMISSIONER HILLER: And I very much appreciated it,
and I studied it very carefully. And when you all sit down, I would
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April 26, 2011
really like you to consider what this article has to say on the
second-to-last page. I'm going to introduce it into the record because I
think there are some pointers in here which are of great value.
The first one that I want to point out is the use of technology,
ensuring that the right technology is used to get to the scene as quickly
as possible, and that includes things like GPS, but other sources of
information, like, for example, where you use traffic cameras to scope
out accidents which let you know, you know, what type of accident
you're responding to ahead of time and you roll accordingly.
And basically it allows you to, as they say, stop carpet bombing
and start using a surgical approach to response, which is very, very
important.
The other factor which is addressed in the report, or the article, if
you will, is using the data. In fact, what the article says is that data is
too often ignored and results in inefficient and wasteful use of the
limited rescue resources we have. And basically what they did is
when they discovered that their data showed that the majority of the
calls were not the, you know, all sirens, all alert, they took the
approach of having SUVs manned by a single paramedic responding
to the majority of calls, because most calls do not need the full
response, the full emergency medical response.
And this is what's most important in what I'm hearing come out
of our meeting today, and that is working together. The high degree
of cooperation with frontline staff is extremely important at all levels
of management from all service providers, and it basically says it
starts with relationships based on truth and integrity.
So I think it's extremely important to keep those factors in mind,
as well as remembering that -- and I'm going to introduce this also,
which is the county Emergency Medical Services 2010 AUIR Facility
Summary Form which very clearly shows that -- and we only, by the
way, have ALS response-time targets. We don't have BLS
response-time targets. Most jurisdictions have ALS and BLS.
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April 26, 2011
F or example, Seattle, which is the -- considered the most
successful system out there today, has a four-minute ALS response
time and a approximately nine-minute BLS response time. We have
an eight-minute ALS response time for the urban area and a 12-minute
response time for the rural area.
This model, this target that we have set for ourselves, is
predicated on the ALS engine program. So we, in order to achieve the
level of service that we have committed to in the county, are
dependent on the ALS engines servicing our community in
conjunction with EMS.
So I'm really delighted to see fire and EMS considering the
importance of your partnership as being necessary to maintain and
hopefully improve the level of service for our county.
And I do also want to lastly distinguish, I think it's very
important what you just pointed out, Chief Page, and that is that, you
know, transport and response are two separate issues, and I think it
would really be beneficial-- I wish the Naples Daily News would
articulate that so people understand there is a difference between
transport and arriving to the scene and that they have different
standards for that service.
Thank you.
CHAIRMAN COYLE: Okay. I think the sentiment of the board
is fairly clear; we'd like for you to go get with all of the stakeholders
and work it out and come back with some recommendations that we
can adopt as policy.
Okay. Is there any objection--
COMMISSIONER HILLER: I'll make a motion that that be
done.
CHAIRMAN COYLE: -- that that be done? That is a second, I
presume?
COMMISSIONER HILLER: If you'll make that motion, sure.
CHAIRMAN COYLE: That is a motion. And so motion made
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April 26, 2011
by Commissioner Coyle, second by Commissioner Hiller.
All in favor, please signify by saying aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: Motion passes unanimously.
Thank you all for being here, and thank you for your input.
Item #7 A
RESOLUTION 20 11-83/DEVELOPMENT ORDER 2011-01: DOA-
PL2010-1052: OLDE CYPRESS DEVELOPMENT, LTD AND
VITA PIMA, LLC, REPRESENTED BY CHRIS MITCHELL OF
WALDROP ENGINEERING, P.A. AND RICHARD D.
YOV ANOVICH OF COLEMAN, YOV ANOVICH & KOESTER,
P.A., IS REQUESTING A CHANGE TO THE PREVIOUSLY
APPROVED OLDE CYPRESS DEVELOPMENT OF REGIONAL
IMPACT DRI, IN ACCORDANCE WITH FLORIDA STATUTES,
SUBSECTION 380.06(19). THE PROPOSED MODIFICATIONS
WILL ADD 63.9 ACRES INTO THE DRI BOUNDARY, AMEND
MAP H, AND REMOVE THE 3.9 ACRE PARK REQUIREMENT
TO INCORPORATE THIS CHANGE. THE SUBJECT PROPERTY
CONSISTING OF 602:1: ACRES IS LOCATED IN SECTIONS 21
AND 22, RANGE 48 SOUTH, TOWNSHIP 26 EAST, COLLIER
COUNTY, FLORIDA - MOTION TAKEN TO APPROVE #7A
AND CORRESPONDING ITEMS #8A AND #8B, INCLUDING
THE CCPC RECOMMENDATIONS - ADOPTED
Page 111
April 26, 2011
Item #8A
ORDINANCE 2011-13: PUDZ-PL2010-1054: VITA PIMA, LLC,
REPRESENTED BY CHRISTOPHER R. MITCHELL, P.E. OF
WALDROP ENGINEERING, P.A., AND RICHARD D.
YOV ANOVICH, ESQUIRE OF COLEMAN, YOV ANOVICH &
KOESTER, P.A., IS REQUESTING A REZONE FROM THE
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD)
ZONING DISTRICT WITH A SPECIAL TREATMENT (ST)
OVERLAY FOR A PROJECT THAT IS KNOWN AS THE HD
DEVELOPMENT RPUD, AND THE AGRICULTURAL (A)
ZONING DISTRICT, TO THE RPUD ZONING DISTRICT TO
ALLOW FOR DEVELOPMENT OF A MAXIMUM OF 125
SINGLE-F AMIL Y RESIDENTIAL UNITS AND 33 MUL TI-
FAMILY UNITS, AND ASSOCIATED ACCESSORY USES. THE
65.29::f:: ACRE SUBJECT PROPERTY IS LOCATED ALONG THE
NORTH SIDE OF IMMOKALEE ROAD (CR 846)
APPROXIMATELY 330 FEET EAST OF OLDE CYPRESS
BOULEVARD IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA. (COMPANION: DOA-
PL2010-1052 AND PUDA-PL2010-388) - ADOPTED 5/0
(MOTION TAKEN TO APPROVE #7A AND CORRESPONDING
ITEMS #8A AND #8B, INCLUDING THE CCPC
RECOMMENDA TIONS)
Item #8B
ORDINANCE 2011-14: PUDA-PL2010-388, OLDE CYPRESS
DEVELOPMENT, L TD, REPRESENTED BY CHRIS MITCHELL
OF WALDROP ENGINEERING, P.A. AND RICHARD D.
YOV ANOVICH, ESQUIRE OF COLEMAN, YOV ANOVICH &
KOESTER, P.A., IS REQUESTING A PUD AMENDMENT FOR
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April 26, 2011
THE OLDE CYPRESS PUD. THE PUD AMENDMENT REQUEST
IS TO REDUCE THE PROJECT DENSITY FROM 1,100
DWELLING UNITS TO 942 DWELLING UNITS AND REMOVE
THE REQUIREMENTS OF TRAILS AND A PARK (3.9 ACRES
MINIMUM) WITHIN THE OLDE CYPRESS PUD/DRI. THE
SUBJECT PROPERTY IS LOCATED IN THE OLDE CYPRESS
SUBDIVISION, SECTIONS 21 AND 22, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
(COMPANION: DOA-PL2010-1052, OLDE CYPRESS DRI AND
PUDZ-PL2010-1054, HD DEVELOPMENT RPUD) - ADOPTED
5/0 (MOTION TAKEN TO APPROVE #7 A AND
CORRESPONDING ITEMS #8A AND #8B, INCLUDING THE
CCPC RECOMMENDATIONS)
MR. OCHS: Commissioners, that takes you to Item 7 A, the
advertised public hearing portion of your agenda. We're actually
going to hear Item 7 A, 8A, and 8B together since they're all
companion items, and then we'll ask the board to vote on each item
separately.
CHAIRMAN COYLE: Okay.
MR.OCHS: 7A.
CHAIRMAN COYLE: Okay, go ahead.
MR. OCHS: This is an item that was continued from the April
12, 2011, BCC meeting, requires ex parte disclosure be provided by
the commission members. Should a hearing be held, all participants
are required to be sworn.
It's DOA-PL2010-1052, Olde Cypress Development, Limited,
and Vita Pima, LLC, represented by Chris Mitchell of Waldrop
Engineering, P.A., and Richard D. Yovanovich of Coleman,
Y ovanovich, and Koester, P .A., is requesting a change to the
previously approved Olde Cypress Development of Regional Impact
DRI in accordance with Florida Statutes, Subsection 380.06(19).
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April 26, 2011
The proposed modifications will add 63.9 acres into the DR!
boundary, amend Map H, and remove the 3. 9-acre park requirements
to incorporate this change. The subject property consisting of 602
plus-or-minus acres is located in Sections 21 and 22, Range 48 south,
Township 26 east in Collier County, Florida.
And Item 8A, sir, again, requires ex parte disclosure and
swearing of witnesses. It's PUDZ-PL2010-1054, Vita Pima, LLC,
represented by Christopher R. Mitchell, P .E., of Waldrop Engineering,
and Richard D. Y ovanovich, Esquire, Coleman, Y ovanovich &
Koester, P .A., is requesting a rezone from the Residential Planned
Unit Development zoning district with the special treatment overlay
for a project known -- excuse me -- that is known as HD Development
RPUD, and the agricultural (A) zoning district to the RPUD zoning
district to allow for development of a maximum of 125 single-family
residential units and 33 multifamily units and associated accessory
uses.
The 65.29 plus-or-minus acre subject property is located along
the north side of Immokalee Road approximately 330 feet east of Olde
Cypress Boulevard in Section 31, Township 48 south, Range 26 east,
Collier County, Florida.
Finally, 8B is PUDA-PL2010-388, Olde Cypress Development,
Limited, represented by the same firms, requesting a PUD amendment
for the 0 Ide Cypress PUD. PUD amendment request is to reduce the
project density from 1,100 dwelling units to 942 dwelling units and
remove the requirements of trails and a park, 3. 9-acre minimum,
within the Olde Cypress PUD/DRI.
The subject property is located in the Olde Cypress subdivision,
Sections 21 and 22, Township 48 south, Range 26 east, Collier
County, Florida. And I'm out of breath.
CHAIRMAN COYLE: Okay. Will all persons who will be
providing testimony rise and be sworn in.
(The speakers were duly sworn and indicated in the affirmative.)
Page 114
April 26, 2011
CHAIRMAN COYLE: Will the commissioners please provide
ex parte disclosure. We'll start with Commissioner Hiller.
COMMISSIONER HILLER: Hang on a second. Okay.
Meetings, emails, calls, and correspondence.
CHAIRMAN COYLE: Okay. Commissioner Fiala.
COMMISSIONER FIALA: Yes. I've had -- I've had meetings
with Rich Y ovanovich and Brian Stock and Keith -- I can't remember
your last name now.
MR. GELDER: Gelder.
COMMISSIONER FIALA: Excuse me. And also I've read the
CCPC staff report, I've talked to our staff members, and I think that
that's it.
CHAIRMAN COYLE: Okay. I have met with Mr. Yovanovich
and petitioners concerning this proposal. I have also reviewed the
CCPS (sic) staff report, I have correspondence and a file of emails,
which I keep in my public file if anyone would like to see them.
Commissioner Coletta.
COMMISSIONER COLETTA: Yes, sir. Well, I've had
meetings, emails, met with Mr. Y ovanovich and his client,
correspondence, of course, talked to staff about it and read the staff
report. That's it for me.
CHAIRMAN COYLE: Commissioner Henning.
COMMISSIONER HENNING: Read the staffs report, talked to
some of the members of the Planning Commission, several residents
of the Olde Cypress PUD, representative from Stock Development,
and staff.
CHAIRMAN COYLE: Okay. Thank you very much.
And this item will require a minimum of affirmative vote of four
county commissioners. So you can't make any mistakes.
MR. YOV ANOVICH: Well, I can make one. There's still five of
you, right?
CHAIRMAN COYLE: But that one doesn't count.
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April 26, 2011
MR. YOV ANOVICH: I would prefer to not make any.
COMMISSIONER FIALA: Good one.
MR. YOV ANOVICH: Just in case you were testing my math
skills.
Good afternoon. For the record, Rich Y ovanovich on behalf of
the petitioner. I have with me Brian Stock with Stock Development;
Keith Gelder, also with Stock Development; and Chris Mitchell with
Waldrop Engineering to answer any questions that I can't answer
regarding the petitions.
As the county manager has pointed out -- and I will do a brief
presentation -- is there's three petitions in front of you. The first is to
add 64 acres to the Olde Cypress DR!, and those 64 acres comprise
what will be a third petition, which is the HD Development PUD. It's
to add those 64 acres and delete a reference to 3.9 acres that was made
in response to Question 27 A of the application for development
approval related to the DRI that was approved in 1986.
The second petition is an amendment to the Olde Cypress PUD,
to delete 158 units from the Olde Cypress PUD and assign those 158
units to the HD Development petition and to also delete references to
3.9-acre parks and to nature trails that are holdovers in the Olde
Cypress PUD document.
And, finally, the third petition is the HD Development PUD
amendment which is to basically add 18 acres of agricultural land to
the previously approved HD Development project, increase the
number of single- family homes from 71 single-family homes to 123
single- family homes.
The multifamily section of the HD Development project is
staying the same. We're not touching it because Stock Development
doesn't own it, so we're making no amendments to the multifamily
portion of the HD Development PUD. We're allowing two-story
single-family homes, we're reducing the lot size from 9,000 square
feet to 6,000 square feet, which is consistent with the lot-size
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April 26, 2011
requirements of 0 Ide Cypress.
We're -- the side setbacks are staying the same at 6 feet. We're
reducing the square footage of the house to 1,600 square feet, which is
larger than the minimum requirement in Olde Cypress, which is 1,200
square feet. And as I previously mentioned, no changes to the
multifamily section.
This project really -- the issue related to this project was the
deletion of the park requirement from the Olde Cypress PUD and the
Olde Cypress DRI. We've entered into an agreement with the master
association for Olde Cypress where we're agreeing to double the size
of the fitness, pay for landscaping.
We've agreed to change the construction access that was
previously both ingress and egress through Treeline, which was the
entrance to Olde Cypress, to just the construction. Access will be
through the driving range ofOlde Cypress, so we will not need to use
Treeline Drive for construction access, but the empty construction
trucks will still use Treeline Drive. So we've agreed to work that out
with the association.
We've agreed to install a wall along Immokalee Road which was
not previously required, so that's included in the agreement.
So we reached an agreement with the association for Olde
Cypress. We've also, since the -- and the reason this item was
continued was to do a straw poll of the residents ofOlde Cypress to
see whether or not they supported the package, and the package was
the three petitions together with the agreement that the association
entered into.
We did a straw poll because the association doesn't have the
ability to go directly to its members for an official vote, so they had to
go with straw vote.
They sent out a ballot explaining all the petitions and what was
going on. There was a 47-percent return rate on the emails, so there
were 199 residents in 0 Ide Cypress that responded to -- to the straw
Page 11 7
April 26, 2011
ballot. Of the 199 residents that responded, 1 79 said they were in
favor of the Stock proposal; 20 said they were opposed to the Stock
proposal. So that's a 90 percent "in favor," 1 0 percent opposed to the
Stock proposal.
Your staff is recommending approval. The Planning
Commission recommended approval 8-0.
With that, I think that summarizes where we are. I can obviously
get into much greater detail if you greater -- if you have questions
regarding the project, but I believe that does a good summary of kind
of where we are and the community feelings.
CHAIRMAN COYLE: Commissioner Henning, did you intend
to turn on your light?
COMMISSIONER HENNING: Yeah, I did.
CHAIRMAN COYLE: It's not working.
COMMISSIONER HENNING: It isn't, really? I'll try again.
CHAIRMAN COYLE: Okay, there we go.
COMMISSIONER HENNING: It must be worn out.
CHAIRMAN COYLE: Yeah, probably.
COMMISSIONER HENNING: There was a survey done. I
might have missed it. There was an original survey done that showed
that the citizens wanted the park. It was part of the requirement of the
PUD. So I asked Mr. Y ovanovich and Mr. Stock to resurvey the
residents, provide the details of -- in lieu of the park, and that's the
outcome of what he's saying.
It's been very painful for a lot of the residents, some of the
residents, and hopefully we can get beyond that.
The -- there's two things, Mr. Y ovanovich, that I didn't see. One
thing, the egress/ingress that you spoke about -- Kay, I need you to
pay attention to this. The ingress for the construction access I could
not find in either one of the ordinances. And I know it's a
commitment of the developer, but I want to make sure that the county
is in agreement that that access, once this project is starting to be built,
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April 26, 2011
they will get a permit off of Logan for that access.
MR. YOV ANOVICH: And we did -- and, Commissioner
Henning, you're correct. We didn't address that in the text of either
one of the PUDs, but that's the -- that's the Olde Cypress PUD master
plan, and you can see we have accounted for the access off of Logan
in the master plan. But you're right, we did not account for it in the
text. So if we need to add that in the text, we certainly can, sure.
COMMISSIONER HENNING: I just want to make sure that
staff is aware that it is there and acknowledges it is there so when --
MS. DESELEM: If I may jump in?
COMMISSIONER HENNING: Thank you.
MS. DESELEM: For the record, Kay Deselem, principal planner
with zoning.
We are aware of it, and staff has worked amongst itself, and I've
tried to include Rich as far as emails, but it's been kind of the eleventh
hour thing. It is shown on the master plan to show one access point
for ingress for construction traffic, and that is to come off of what is
shown --
COMMISSIONER HENNING: And my only question is, the
county's not going to have a problem when they come in for a permit
for access?
MS. DESELEM: I have proposed language that I will be
providing to you.
COMMISSIONER HENNING: Thank you.
MS. DESELEM: It explains what you see here. The Treeline
Drive is a private road. The Olde Cypress Boulevard is a county road.
What was agreed upon at the Planning Commission was that they
would have ingress for construction traffic through the maintenance
facility that's shown right there where he's pointing. And we wanted
to make it clear that the maintenance facility does not have direct
access offOlde Cypress Boulevard. It's only through that maintenance
facility, then we'll wind south through the driving range into the HD
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April 26, 2011
Development.
When they're leaving HD Development, they can then use
Treeline, and that's where you see the arrows along the north of that
particular sketch.
And we did realize that that was all agreed to in theory and in
words and talking at the Planning Commission, and it is shown on the
master plan. It just shows ingress one way for transportation -- or for
construction traffic and egress the other way, but we do realize that it
wasn't clear.
And I have proposed some language for you to consider. And I
did email it to Rich, but I doubt seriously if he's had a chance to look
at it. So I want to give him a chance to look at it as well.
Not on purpose, Rich.
And I can read it into the record. If you have any questions then,
we can go over it.
This would be added into the transportation conditions. I think
it's Exhibit FB3, but I'm not certain of that. I have to go back and
look. And it says, "Construction traffic access for the project shall be
limited as generally shown on Exhibit C. At least until the 100th
home slab site is poured, construction traffic access shall be limited to
ingress via the existing maintenance access point on 0 Ide Cypress
Boulevard and egress via Treeline Drive. In no case, however, shall
construction traffic utilize direct access to Olde Cypress Boulevard."
That 1 OOth homesite slab information in there comes from the
agreement that was adopted amongst the parties, the HD Development
and the 0 Ide Cypress Master Association, and we are recognizing that
in this condition. I was not aware that was in there, so this
memorializes that.
The other thing -- kind of jumping ahead somewhat, but since
we're talking about it -- in that agreement, the same thing. I think it's
on Page 2 of the agreement beginning on Page 2, Item 5 -- and I can
go back and get it. I didn't drag it up here right now -- but it talks
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April 26, 2011
about providing an access -- let me see -- let me run and get it, if I
may just a moment.
I'm sorry. It talks about performance security that should be
provided to Collier County. And in speaking with our transportation
staff this morning, we need not have that performance security to
Collier County because Treeline Drive is a private road. So if, in fact,
they want to provide some kind of performance security, it should be
reflected that it would go to their homeowners' association.
And then the last sentence where it talks about the performance
security shall be posted in conjunction with the construction and
maintenance agreement, and it cites a particular part of the Land
Development Code, we don't care how that's done, because it's a
private agreement. Collier County is not a party to it.
And I'll show you those on the visualizer.
COMMISSIONER HENNING: And those are in the document?
MS. DESELEM: This is in the developer contribution agreement
that was signed -- it was made between Olde Cypress Development,
Ltd., and Vita Pima, LLC, and Olde Cypress Master Property Owners'
Association.
COMMISSIONER HENNING: But it's not part of the
ordinance?
MS. DESELEM: No, because it's not -- the county's not a party
to it, so it doesn't need to be into the ordinance nor do we need to
reference it, because we don't have any control or any kind of --
anything to do with it at all, actually.
COMMISSIONER HENNING: Great.
MS. DESELEM: So he's showing you the first part of it. If you
can go to the very bottom of it, this is where it talks about those
hundred slabs.
COMMISSIONER HENNING: And I see what you're saying.
MS. DESELEM: Okay. And then I'm going to put the other--
the continuance of that that talks about the performance security. I
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April 26, 2011
mean, we're not a party to it, we don't care, but we just want to make
sure that nobody's giving us a performance security, "us" being Collier
County, over a road that isn't ours. And they can, you know, change
their agreement to that.
But, you know, I gave you the language. Hopefully Rich has had
a chance to look at it and talk to his client now so he can respond to it.
But hopefully that will address your concern.
COMMISSIONER HENNING: It does with that one. Thank you
very much.
I just have one more question, Mr. Y ovanovich. The fence along
Logan Boulevard, there is a permit for it, and it will be completed by
when?
MR. YOV ANOVICH: We just need to get the final inspection
done. We think probably around 30 days. I mean, it's been built. It
just needs to be finally inspected.
COMMISSIONER HENNING: And you need to put in
landscaping and irrigation according to the Land Development Code.
MR. YOV ANOVICH: We'll follow the code.
COMMISSIONER HENNING: Okay, good.
I have no further questions. Mr. Chairman, when you're ready to
close the public hearing, I'm ready to make a motion.
CHAIRMAN COYLE: Okay. How many public speakers do we
have?
MR. MITCHELL: Sir, we've just got two public speakers.
CHAIRMAN COYLE: Okay. Let's call the public speakers.
MR. MITCHELL: The first speaker will be Chuck Slaght, and
he'll be followed by Paul Schultz.
MS. DESELEM: Again, for the record, Kay Deselem. I just
wanted to put the staff report -- the staff position on the record, that
we are recommending approval in my case of the DRI amendment and
the PUD for HD Development, and Nancy's here to speak on the other
one.
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April 26, 2011
MS. GUNDLACH: Staff is recommending approval.
CHAIRMAN COYLE: We don't care.
MS. GUNDLACH: Okay, on 388.
CHAIRMAN COYLE: Good. Okay. Let's call the two
speakers, please.
MR. MITCHELL: Sir, the first one is Chuck Slaght, and he'll be
followed by Paul Schultz.
MR. SLAGHT: If I could, I'd like to include sort of a formal
inclusion in your records, if at all possible.
CHAIRMAN COYLE: Sure. Just leave that with the court
reporter, or the county manager can take it, and that will become part
of the official record.
MR. SLAGHT: Thank you. I'm Chuck Slaght. I live at 2918
Lone Pine Lane, and basically I feel like this is sort of a done-deal.
But my concerns are that it sets a precedence for other developers to
come in and do the same thing, sort of wipe the slate clean after
everything has been sort of developed.
Now, I know if we had done due diligence and due regard in the
beginning, I think we could have seen something, you know, positive
here. And I've always been of the accord that if the residents in the
community wanted to have this park, that they'd be willing to work
with not only Stock Development, but also with county staff sort of to
make this happen, because all of the things that are offered in this
agreement to the master association are basically outside of the
community .
These assets can be sold, by the way, to an investor group just as
Grandezza was. So these aren't really anything that we're going to
benefit other than it's an expanded, you know, sort of thing, and it
does enhance the package that he's going to offer for the sale of the
homes in there.
And my thing is is I would just hope that two of you would vote
and just say, hey, let's go back and let's sit down at a table with those
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April 26, 2011
that want sort of some kind of amenity for the kids in Olde Cypress,
because there are about 50 families, and these lots are just not big
enough to have any kind of a recreation on.
So that's sort of what we're looking at. Because if you really look
at it, the kids can play. They cannot go in the fitness center, but they
could play in the pool, and they could potentially play tennis. Golf is
sort of just -- that's sort of out there, and that's not really something
that we do currently in 0 Ide Cypress, but I think that there could be a
lot of things done.
So I'd ask at least two of you to vote no on this so that we can
continue it and move along and approve -- I agree that this should be
approved and that he should be able to go ahead and develop, but I
think there are some issues that are old.
So I thank you very much for your time.
CHAIRMAN COYLE: Thank you.
MR. MITCHELL: Mr. Schultz?
MR. SCHULTZ: Good afternoon. Just for the record, I'm Paul
Schultz, vice president of the Olde Cypress Master Association.
Previously I was the president of the master association, and I've
been involved in this park issue for the last four years, going back to
the days of Mr. Mudd and Mr. Schmitt.
Long after I became president, we started working directly with
Stock, Brian Stock particularly, and the community wanted to put a
bucket list together, of which we have, you know. We wanted a -- the
committee wanted a fitness center, which we got double the size
someplace where they we could have workouts. They wanted pool
and tennis upgrades, which we have an agreement by Mr. Stock.
Strada Bella and Terramar did not have sidewalks completed.
That was -- already been done. Construction to the entrance, which
we've already addressed, has been done by Stock. The people wanted
to secure the perimeters of the property. We were able to get an 8-foot
buffer zone along Immokalee, and then we have a chain-link fence, a
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black chain-link fence which goes along the Logan Extension.
They're going to put that in with heavy landscape and shrubbery down
there to give us the protection down there.
And the other part of it is -- then we went to the poll, the straw
poll which we've talked about already. The original poll went out and
was very well flawed. This one here was a straw poll. We had 392
people we sent an email to, of which we received 179 yes and we
received 20 nos.
So the community, since I've been involved in it, has supported
no park. In respect to having -- if there was to be a park, once the
community found out inside the PUD that there are other -- two
communities that, if there was a park, would have access for it. The
community felt that their privacy would be violated, and absolutely,
positively did not want any park whatsoever, and they're fine with this
open space.
So, again, the community is 100 percent beside the fact of voting
the park -- no park. Let's move forward.
And thank you for your time.
CHAIRMAN COYLE: Thank you.
MR. MITCHELL: Sir, that was your final speaker.
CHAIRMAN COYLE: Okay. Then I'll close the public hearing.
Commissioner Henning, is there a motion?
COMMISSIONER HENNING: Yeah. Mr. Chair -- well, first of
all, I want to say that 0 Ide Cypress is a great community. I'm hoping
that residents, neighbors can put their differences aside and be
neighbors again and be neighborly, and I'm willing to help however I
can do that.
I don't agree with some of the statements here that was made, but
I do agree that the residents got enough information to make a logical
decision; so therefore, Mr. Chair, I make a motion to approve 7 A,
which is DOA-PL2010-1052 and the corresponding PUZ--
PUDZ-PL2010-1054 and PUDA-PL2010-388, and I also want to
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include the language that Kay Deselem provided into the Olde
Cypress PUD, which is 7 A, for guidance for staff to comply with the
board's wishes about ingress for the construction, and that's my
motion.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Okay. Thank you very much,
Commissioner Henning.
Motion by Commissioner Henning, second by Commissioner
Fiala.
County Attorney, just to confirm, there's nothing wrong with
voting once on all three items at the same time?
MR. KLA TZKOW: That's absolutely correct. Just for clarity's
sake, the staff recommendations as amended by the discussions here?
COMMISSIONER HENNING: Correct.
CHAIRMAN COYLE: Okay, very well.
COMMISSIONER HENNING: I should say, Planning
Commission's recommendations also, which I think they're all the
same.
MR. KLATZKOW: Yes, I think so.
COMMISSIONER HENNING: They're inclusive.
COMMISSIONER FIALA: Okay. That will be in my second,
too, just in case it needs to be.
CHAIRMAN COYLE: Okay. All in favor, please signify by
.
saYIng aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER FIALA: 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.v
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April 26, 2011
MR. YOV ANOVICH: Thank you.
Item #10F
AUTHORIZING THE BUDGET AMENDMENTS
REALLOCATING $4,511,627.84 FROM EXISTING GROWTH
RELATED PROJECTS TO PARK IMP ACT FEE FUND 346
RESERVES FOR FUTURE DEBT SERVICE AND OTHER
PRIORITY PARK PROJECTS - APPROVED
MR. OCHS: Commissioners, that takes you to Item 1 OF, which
is a recommendation to authorize budget amendments reallocating
$4,511,627.84 from existing growth-related projects to Park Impact
Fee Fund 346 Reserves for future debt service and other priority park
projects. Ms. Ramsey will present.
COMMISSIONER HENNING: Move to approve. Move to
approve.
CHAIRMAN COYLE: Second.
Motion to approve by Commissioner Henning, second by
Commissioner Coyle.
Any discussion?
COMMISSIONER FIALA: I just have one question, if I may.
CHAIRMAN COYLE: Sure you can.
COMMISSIONER FIALA: Can I please?
Does that mean -- when we close out the Manatee thing
altogether, does that mean we won't be having a Manatee Park?
MS. RAMSEY: No, ma'am, that's not correct.
COMMISSIONER FIALA: Good.
MS. RAMSEY: It's just not in the priority at the moment.
COMMISSIONER FIALA: Okay. But I could push it later on,
right? After we get the -- we have to get the Olde Cypress -- or Big
Cypress and the Community Center, but then I can go back for the
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Manatee, right?
MS. RAMSEY: Yes.
COMMISSIONER FIALA: Okay. So I'm just going to have to
stay in office for many, many years to make sure I get all of these
things done.
COMMISSIONER COLETTA: I feel the same way for myself.
COMMISSIONER FIALA: Okay. Thank you. I'll second it.
CHAIRMAN COYLE: All right.
MR. MITCHELL: Sir, we have a public speaker.
CHAIRMAN COYLE: Okay.
COMMISSIONER FIALA: Oh.
CHAIRMAN COYLE: Public speakers?
COMMISSIONER FIALA: Excuse me. Just one thing. We
have in here -- and it hasn't been corrected. We have -- in the body of
the third paragraph down, it says, "North Collier Regional Park," but
yet in the -- in Table 1 and in Table 2 it says, "North Naples Regional
Park," and you might want to just correct that for the record.
MR.OCHS: Yes, ma'am. We fixed that in our SAP system
yesterday afternoon.
COMMISSIONER FIALA: Cool. Thank you.
CHAIRMAN COYLE: Okay. All in favor, please signify by
.
saYIng aye.
MR. MITCHELL: Sir, we have one public speaker.
CHAIRMAN COYLE: I'm sorry. That's right.
MR. MITCHELL: Mr. Flanagan.
COMMISSIONER HENNING: He's not here.
CHAIRMAN COYLE: Okay. That concludes the pubic
speakers.
MR. MITCHELL: That concludes the public speakers.
CHAIRMAN COYLE: All in favor, please signify by saying
aye.
COMMISSIONER HILLER: Aye.
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April 26, 2011
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
(N 0 response.)
CHAIRMAN COYLE: Okay.
Item #101
RESOLUTION 2011-84: ACCEPTED THE SPEED LIMIT STUDY
REPORT AND ADOPTED A RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AUTHORIZING A SPEED LIMIT INCREASE FROM
THIRTY MILES PER HOUR (30 MPH) TO THIRTY-FIVE MILES
PER HOUR (35 MPH) ON V ANDERBIL T DRIVE FROM 500
FEET SOUTH OF TO 500 FEET NORTH OF THE BIG HORSE
PASS BRIDGE (BRIDGE NO. 30176) AT A COST OF
APPROXIMATELY $200 - MOTION TO APPROVE STAFF'S
RECOMMENDATIONS AND EVALUATE FOR FURTHER
ADJUSTMENTS. IF ADJUSTMENTS ARE NEEDED, BRING
BACK TO THE BOARD - ADOPTED
MR. OCHS: Commissioners, that takes you to Item 101. It was
moved from your consent agenda at Commissioner Hiller's request.
It's a recommendation to accept a speed-limit-study report and adopt a
resolution of the Board of County Commissioners authorizing a
speed-limit increase from 30 miles per hour to 35 miles per hour on
Vanderbilt Drive from 500 feet south to 500 feet north of the Big
Horse Pass Bridge at a cost of approximately $200. Mr. Gene Calvert
will present.
CHAIRMAN COYLE: He's going to tell us --
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April 26, 2011
MR. CALVERT: Everything there is to know about this project.
CHAIRMAN COYLE: Whether or not those big horses can
really travel at 35 miles an hour.
MR. CALVERT: Well, thank you, Mr. Chairman, members of
the board. It is, indeed, a pleasure to be here. For the record, my
name's Eugene Calvert with transportation, construction, and
maintenance with the Growth Management Division.
As the chairman said, I will make a presentation this afternoon
regarding our findings that we had with the speed-limit study on
Vanderbilt.
CHAIRMAN COYLE: You might wish to ask Commissioner
Hiller if you could just answer her question; if not, then we can do the
whole presentation. Whatever Commissioner Hiller would desire.
COMMISSIONER HILLER: I would prefer if we could maybe
shorten the presentation, and I have a reason for that. I had the
opportunity -- staff requested to speak with me, and they gave me
information on what was being proposed and why, and essentially the
bridge where there is now a 30-mile speed zone is no longer under
construction, and that speed zone in that area was proposed because of
the construction at that location.
Now, the proposal to increase the speed zone to 35 is essentially
to get rid of the trap, if you will, the speed trap, because people
traveling along that road obviously are facing 25, 35, suddenly 30, and
then 45 speed zones in a very short space of time, and that causes a
problem.
Now, with that being said, I really see this as a temporary
solution because the community has had serious concerns about the
varying speeds along this short amount of road, and they have asked
for some uniformity.
So what I'd like to do is call Doug Fee up -- Doug, could you
come to the podium -- because what he is here to ask and what I
support is that while it's not a bad idea to approve this today, this
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really ought to be taken back to the community and vetted with the
community to get their traffic experience and input to this study. And
Mr. Feder was supportive of that suggestion.
So, Doug, do you want to say a few words?
MR. FEE: Sure.
COMMISSIONER HILLER: Mr. Feder, if you would like to
add to that.
MR. FEE: Good afternoon. For the record, my name is Doug
Fee. I live up in the Wiggins Pass area. And as Commissioner Hiller
said, what I'd like to simply do today is suggest that we hold off on
approving this. There are many, many issues in regards to Vanderbilt
Drive.
All of us know there's a plan to place a greenway in the area.
There's also, you know, a great deal of discussion. The community
has come together in some meetings. We've also been told that we
can have further meetings with transportation but have not been able
to hold those meetings yet.
Specifically in this 500-foot area, it seems very simple to raise
the speed limit from 30 miles to 35 miles an hour. I do, however,
want to request that you drive this driveway out of Marina Bay Club.
I've spoken to several people who live in that community. They
are very, very concerned about the sight distance as you exit. And it
seems very small, 5 miles an hour, but what we have is we also have a
great deal of pedestrians, and we have cyclists who are using this area.
We have a brand-new bridge; it's great, it's there.
There are a few things that we haven't -- that I have not gone over
with the engineering department in regards to that bridge. There's a
cement wall directly north of Marina Bay that hugs the road, and it
does not bend to the sidewalk. It eliminates about 30 feet of sight for
the residents of Marina Bay.
I think that that could be reengineered. I know it's a little bit of
money, but you could actually move the cement wall so it hugs the
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sidewalk. That would give some distance.
In this other -- in the area they also put in a new pedestrian
bridge, and it has high railings. I don't know if there's a way to
somehow lower those railings so that somebody in their car can
actually see further down the road.
I am just saying that right now at 30 miles an hour, the people are
actually going 35 and 40. If you now raise it to 35, now they're going
40 and 45.
You have elderly who live in Marina Bay. I don't know what the
trip count is, but I know that when I speak to some of the people that
live there, on a weekly basis they will hear squealing of tires, okay.
They don't know exactly if that's -- if it's people exiting out and they
just didn't know the distance.
COMMISSIONER HILLER: I think they're seeing the cop cars,
and they suddenly see a 30-mile-an-hour zone, and going, "Oh, my
goodness. "
MR. FEE: Right across the bridge.
COMMISSIONER HILLER: The radar goes over.
MR. FEE: Absolutely. One other thing I want to show you, and
then I'll end it. I just want to show you a picture. This is Marina Bay
as you cross over the bridge. I don't know if you'd be able to see this,
but it's pretty dark. You can see the white line there. This is what a
person's going to see as they drive out of Marina Bay, the
condominiums, and you can see there the white line, there is no
shoulders.
At many meetings I have mentioned to the county that we need
to somehow figure out a way to put cyclist lanes on both side of the
street. When you go north of the bridge, you have a 4-foot-wide
cyclist lane, okay. When you cross over the bridge and go south for a
distance, probably a couple miles, you do not have shoulders. But,
again, there's a lot of people that are riding here. There's a tremendous
amount of people that are enthusiasts. And so here you're raising the
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speed limit, and I don't believe we've even solved the cyclist issue.
So I would just ask that we can put a little bit more study in this,
allow even the community that lives at Marina Bay who would have
only found out about this item -- it was on the consent agenda -- but
would have only found out about this item on Thursday. Friday was a
holiday. Saturday and Sunday is holiday. We have Monday. I just
would like a little more time.
And thank you, Commissioner Hiller, for at least suggesting that
before we go through the approval. I thank staff. They've done a lot
of work, but I think we can do a little bit better.
Thank you.
MR. FEDER: Doug, thank you.
For the record, Norman Feder, Administrator of Growth
Management Division.
You've got about 450 feet of sight distance allows going up to 45
miles an hour. What you had originally, as was noted, was 25 miles
an hour from Vanderbilt Beach Road up to 111 th/Bluebill. You have
very many streets and driveways accessing along there is why that is
marked at 25 miles an hour.
North of Bluebill you don't have as many access points, but we
do have the larger bridge, has a bit of a crest, at looking at access
points down. We decided that we couldn't maintain that middle
section above the 35 at 45. The area is 30 today, was originally 45,
and it wasn't so much the construction of the bridge but rather the
deficiencies on the bridge and the fact that we had no pedestrian
features is why we came to the board and asked for that area to be put
to 30 miles an hour.
N ow that the bridges are done, even the one that was noted, no,
we didn't widen out the shoulders. We added pedestrian features on
the side of those small bridges.
And so right now we have what we think is a very safe condition
of25, 35, carried all the way up to Wiggins, and then 45 north of
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there. Yes, it gets residential again, but then you start having some
clear recovery area, and most of the driveways are consolidated into
developments as opposed to side streets every so many feet.
So we think it makes logic at 25, 35, 45. We can continue
working with the community. But, again, I must stress that we have to
set these based on engineering standards, and we try to take all factors
into account, and that's why we'll continue to talk to the community.
CHAIRMAN COYLE: Okay. Commissioner Fiala.
COMMISSIONER FIALA: Yes. So actually we're talking about
three issues here. The first issue is the speed limits which we had
reduced just because of the bridge.
MR. FEDER: Conditions, yes.
COMMISSIONER FIALA: Now that the bridge has been
repaired -- and that's what this is really all about is the speed limit.
MR. FEDER: Correct.
COMMISSIONER FIALA: So we want to just bring it back up
to 35.
MR. FEDER: Actually up to 35. It was 45.
COMMISSIONER FIALA: Right, I realize that.
Mr. Fee then introduced Marina Bay having line-of-sight
problems and so forth. Well, that isn't, of course, a part of this, but
maybe that would be something that Marina Bay would either want to
-- I mean, I doubt that we could do anything about their bushes or their
walls. That's something that they would have to pay for and readjust
themselves, because that would be their homeowners' association.
That wouldn't be taxpayers paying for that.
MR. FEDER: He was talking about an abutment that might be in
the roadway in the area. But, again, we've got 450 feet of sight
distance there, but we'll continue to talk to them and see if there's
.
Issues.
COMMISSIONER FIALA: Well -- so that was my third thing;
because of the cycling and things in the road, maybe -- maybe
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April 26, 2011
Commissioner Hiller would want to make arrangements with --
because I don't want to step into your district. This is your district--
Marina Bay and you guys to work out those agreements whereby you
can -- you can improve the line of sight as well as some kind of
cycling ability, but right now we're just discussing speed limit.
MR. FEDER: That is correct.
COMMISSIONER FIALA: Okay.
MR. FEDER: This has nothing to do with the pathways and any
other issues.
COMMISSIONER FIALA: So I'd like to make a motion then. I
would like to make a motion that we approve the increased speed limit
to 35 miles an hour but that Commissioner Hiller and transportation
and whomever else from Marina Bay would then work out some
solutions to the problems that they're dealing with.
COMMISSIONER HILLER: And also, if I may, if I could add
to that, to be open that if, you know, evidence does support changes in
the speed zones along this corridor that are better than what's being
proposed here, that staff stay open to adjusting the proposal that's
being presented today.
COMMISSIONER FIALA: Sure. I can include that in my
motion.
COMMISSIONER HILLER: I would appreciate that.
MR. FEDER: And we'll be happy to take all the points into
account. They get factored in, but it has to be through an engineering
study, yes.
CHAIRMAN COYLE: Okay. Do we have a motion and a
second, Commissioner Hiller?
COMMISSIONER HILLER: I second it.
CHAIRMAN COYLE: Okay. We have a motion by
Commissioner Fiala, second by Commissioner Hiller to approve staffs
recommendations with guidance to continue evaluating the process so
if further adjustments are necessary they'll be brought back to the
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Board of County Commissioners.
Okay. All in favor, please signify by saying aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: (Absent.)
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: The motion passes unanimously.
Item #13A
THE BOARD OF COUNTY COMMISSIONERS (BCC), ACTING
AS THE AIRPORT AUTHORITY, APPROVE AND AUTHORIZE
THE CHAIRMAN TO EXECUTE THE A TT ACHED
MEMORANDUM OF UNDERSTANDING BETWEEN THE
AIRPORT AUTHORITY AND COLLIER COUNTY PARKS AND
RECREATION DEPARTMENT FOR USE OF APPROXIMATELY
305,000 SQUARE FEET AT THE IMMOKALEE REGIONAL
AIRPORT FOR PASSIVE RECREATIONAL PURPOSES-
MOTION TO APPROVE STAFF'S RECOMMENDATIONS
W/COUNTY ATTORNEY'S OPINION - APPROVED
MR.OCHS: Commissioners, that takes you to Item l3A on your
agenda. It was previously l6G 1 on your consent agenda. It's a
recommendation that the Board of County Commissioners acting as
the Airport Authority approve and authorize the chairman to execute
the attached memorandum of understanding between the Airport
Authority and Collier County Parks and Recreation Department for
use of approximately 305,000 square feet of the Immokalee Regional
Airport for passive recreational purposes, and Mr. Curry and Mr.
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April 26, 2011
Williams are both here to either answer questions or make a
presentation. This item was moved, Mr. Chairman, at Commissioner
Hiller's request.
CHAIRMAN COYLE: Yes. Commissioner Hiller, you want to
just ask your questions or you want a full presentation?
COMMISSIONER HILLER: What I'd like to do is, this matter
was brought to my attention by a number of citizens. I believe one of
them is here, Mr. Courtright. Would you like to go ahead and present
your questions?
MR. MITCHELL: Mr. Courtright's registered as a public
speaker.
MR. COURTRIGHT: For the record, my name is Marvin
Courtright. I've been a resident of Southwest Florida for 61 years.
Mr. Coyle, Chairman Coyle, fellow Commissioners, I want to
thank you for the opportunity to be here today, having removed the
item from the consent agenda and placed it on the regular agenda.
My goal in Immokalee is to establish an Aviation Education
Program in conjunction with an Aircraft Museum with static and
flyable aircraft on airport land, specifically on airs ide land because the
aircraft would -- some would be flyable, some would be static.
In my effort to establish this or accomplish this, the problem
arose in that -- I hope I don't mess up the time there -- in 29 July or on
29 July of'07, Commissioner Coletta and Commissioner Coyle
exercised a consent-to-use agreement with Collier County Parks and
Recreation to establish a community park on the southwest corner of
the Immokalee airport. That document laid dormant until 14 January,
or approximately that, of this year.
It all tied into the fact that -- and the reason it's here today before
you is because the agreement that was -- wow.
COMMISSIONER COLETTA: No, you've got another minute.
MR. COURTRIGHT: Oh, okay. The agreement was -- I filed a
formal complaint with the FAA, and I filed it because I had been
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denied my privilege of establishing this program on the airport.
The FAA in Orlando documented back to Mr. Curry that the
agreement in its entirety should be terminated, that it did not meet the
FAA's prerequisites for activity on the airport. As such, our new
executive director, upon finding out about the formal complaint,
responded by going to Orlando and --
COMMISSIONER HILLER: Can you please --
CHAIRMAN COYLE: Mr. Cartright (sic), what is it you're
trying to do? Here, I'm up here.
MR. COURTRIGHT: Okay.
CHAIRMAN COYLE: You say you want to set up a museum.
Where is your proposal? Have you submitted a proposal to the Board
of County Commissioners?
MR. COURTRIGHT: Yes. I submitted a letter of intent to the
Airport Authority, and I have a copy of it here.
CHAIRMAN COYLE: Have you submitted anything to the
Board of County Commissioners?
MR. COURTRIGHT: No, because I --
CHAIRMAN COYLE: Do you have a proposal? Do you have a
business plan? Do you have a layout? Do you have the space
requirements? Do you have a description of the kinds of things you'd
provide in the museum?
MR. COURTRIGHT: Every bit of that is prepared but could not
be submitted because the executive director denied me the privilege of
accomplishing that.
CHAIRMAN COYLE: Mr. Courtright, you can submit anything
you want to submit to the Board of County Commissioners at any time
you want to submit it, okay. So you can't come here today and expect
us to make a decision on your dreams of creating a museum, okay.
MR. COURTRIGHT: Mr. Coyle --
CHAIRMAN COYLE: If you have something in particular, why
don't you send it to us and let us run it through proper channels?
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April 26, 2011
MR. COURTRIGHT: If I may then, I would like to be sure that
-- on record that the original consent agreement declared by the FAA
as invalid and was addressed to Mr. Curry, that he had coordinated
with me and that I was in agreement with it, he was -- he was
addressed by the FAA to submit a document canceling that agreement.
And when you prepared -- or when he prepared the new MOA, it
was to be submitted to them for review -- and this is in writing as well,
documented -- before action was taken by the county.
My position is that was not accomplished, there is no
documentation at all except when Mr. Curry submitted to Collier
County Parks and Recreation an ability to circumvent the requirement
of the FAA, did not comply with the directions from the FAA, and
proceeded to work hand in hand with the CRA and Collier County
Parks and Recreation to provide the MOA that you're asked now to
approve.
I'm asking you only to require that the MOA on record be
submitted to the FAA for approval and review prior to approving it.
That's all I'm asking you.
CHAIRMAN COYLE: I don't have the slightest idea what
you're talking about. Maybe you can help us out, Chris.
MR. CURRY: May I speak, Commissioner, to kind of clear up
some of the possible confusion. Chris Curry, executive airport
director, Airport Authority.
On July 9, 2007, the Airport Authority entered into a
consent-to-use agreement with the county through the Parks and
Recreation Department, okay. A complaint was filed by Mr.
Courtright in August of 2009 opposing the development of what
appeared to be a public park. That was before I arrived at the airport
on September 15th; therefore, Penny Phillippi, the interim director,
received the complaint that Mr. Courtright had filed.
The FAA contacted Penny Phillippi after the complaint was filed
to relay their disapproval of the agreement. In November of 2006,
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April 26, 2011
they issued a list of concerns to the former executive director, Theresa
Cook.
In the FAA's opinion, they felt like the former director went
ahead with the consent-of-use agreement without addressing the
concerns that the FAA had at that time. So when I received a
complaint about two weeks after I arrived, it became the focus of my
attention.
So what I did was suggest to the FAA that we create a
memorandum of understanding to sever the previous use agreement
and put it in a way where it complied with the FAA and would not
impact our grant assurances, because the FAA said the present -- the
use agreement that was approved in 2007 conflicted with our grant
assurances.
So this document I have before you today is a document to sever
the 2007 agreement. I did submit a copy of this to the FAA about two
weeks ago. Sometimes the FAA is very, very slow in responding to
documents of this type.
So what I would like to ask the Board of Commissioners to do is
to approve this agreement subj ect to any suggested language that the
FAA may provide to ensure we are not in confliction with grant
assurances.
CHAIRMAN COYLE: Okay. That is a modification of the
executive summary recommendations, is it -- is that true, or is it
completely consistent?
MR. CURRY: It would be, because what we've found is that as
we do agreements on the airport, they're all reviewed by the FAA, and
sometimes they will suggest that you add additional language to the
document.
I have no problem bringing that document back on a consent
agenda, or if you were to approve it subject to slight verbiage that the
FAA may suggest, if any at all.
CHAIRMAN COYLE: What does any of this have to do with
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April 26, 2011
Mr. Cartright's (sic) interest in creating a museum?
MR. CURRY: Well, Mr. Cartright (sic), along with others, have
aspirations of creating a museum at the Immokalee Airport. And part
of the discussion was that if a museum is to be established on the
airport, it's not a matter of someone just coming up and saying, "I
want to put a museum here." There's conversation that must take
place with the airport management to find a suitable location that fits
for both parties. I understand Mr. Courtright's desire is to locate at the
property just adjacent to the park.
One of the things that he has been told over the past several
months is exactly what you said. You know, meet with the airport
management, supply your business plan, supply your financial
documents to show that you're capable of building such a museum,
and then we'll move forward. I have not received all of those
documents, and neither has the Airport Advisory Board.
MR. COURTRIGHT: May I speak?
CHAIRMAN COYLE: Commissioner--
MR. COURTRIGHT: Please?
CHAIRMAN COYLE: Commissioner Coletta wants to say
something.
COMMISSIONER COLETTA: Well, yeah. Let's -- Mr. Curry,
this land that we're talking about is near an existing county park; is
that correct?
MR. CURRY: That's correct.
COMMISSIONER COLETTA: And the community has been
using this for a park for how long now, with or without permission?
MR. CURRY : Well, they have been using it with permission of
the Airport Authority. It's just that the previous director of the Airport
Authority did not follow the FAA guidelines.
COMMISSIONER COLETTA: No, I understand all that, and I
understand why you're back here today, that fact that -- at first I was a
little bit apprehensive when you wrote to the FAA asking them if the
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April 26, 2011
agreement was all right, and then they came back and they said it
wasn't. And I was thinking, well, what a tremendous loss. This land
that's being used for a community purpose in Immokalee is greatly
appreciated by the residents there. They just recently had the harvest
-- no, they didn't have it there this time. But they've had numerous
events there, carnivals and everything else, because it's a big piece of
land they can utilize. What a wonderful opportunity for the
community .
Has there been a lot of support from the community for the park?
MR. CURRY: I think it has, and I did not go to the FAA to ask
anything about the park. The FAA responded to me after they
received a complaint.
COMMISSIONER COLETTA: I understand. But now you're
trying to set the record straight; that's what this agenda item's for?
MR. CURRY: Yes.
COMMISSIONER COLETTA: Mr. Courtright's here because he
would like to have, instead of the park there, a museum. How big is
the airport -- the airport land?
MR. CURRY: The airport property is approximately 1,400
acres.
COMMISSIONER COLETTA: Within 1,400 acres, if Mr.
Courtright came forward with a business plan, is there a possibility
that if everything came together and it was the best possible use for
the land and he could do what he has to do as far as the cost goes, and
we might be able to accommodate him?
MR. CURRY: Absolutely.
COMMISSIONER COLETTA: Yeah, I don't know what we're
wasting our time here for today. I mean, the community met
numerous times on this. The community has plainly said they want to
have a park at this location.
Now, you know, are we going to go against the community's will
here today and hold up the whole thing with the idea that this specific
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April 26, 2011
location's got to be a museum, which has got minimal support within
the community at this point in time?
I'll support it when the time does come at the right location. Like
we said, 1,400-acre airport, there's certainly room for a museum.
Now, Mr. Courtright, if you want to work with me on this, I'm
always available. I'm in Immokalee all the time. My phone number is
in the telephone book. I'm the only commissioner probably in 30
years that had an unlisted (sic) phone number. All you have to do is
call me. We can talk these things out and save you a lot of
aggravation, and you wouldn't have to sit here all day. More than
happy to talk to you about it in the future when we can start to identify
areas that would be appropriate for this.
With that, I make a motion for approval.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Okay.
COMMISSIONER HILLER: I can make a --
CHAIRMAN COYLE: Yes. Let me just recognize the motion
first. We have a motion by Commissioner Coletta for approval of
staffs recommendations, seconded by Commissioner Fiala.
Okay. Commissioner Hiller, go ahead.
COMMISSIONER HILLER: This is a question for Mr.
Klatzkow and Mr. Curry. The FAA has required that this
memorandum of understanding go back to them for review and
approval; is that correct?
MR. CURRY: That's for every--
COMMISSIONER HILLER: I understand.
MR. CURRY: -- agreement that we have.
COMMISSIONER HILLER: But this -- but that applies to this
as well?
MR. CURRY : Yes, it applies to all.
COMMISSIONER HILLER: Are you able to use -- and I'm
really -- with all due respect, with respect to the issue here today, not
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April 26, 2011
really focusing or interested on your desire to do whatever you want to
do. I care about the issue in front of us. I mean, with all due respect,
nothing offensive, you know, about your project.
But my concern is, if we don't have this memorandum of
understanding approved by the FAA, can you be using that property as
you're using it?
MR. CURRY: Yes, we could. We could, because in all like
reality (sic), this constitutes a long-term agreement with the Parks and
Recreation and the county that can be severed within 30 days. But if
the parks department wanted to use that piece of property to have a
function, they could ask the Airport Authority, and the Airport
Authority could approve of their use of an event.
COMMISSIONER HILLER: Of an event, or an extended use?
Because this is an extended use. I mean, this is not a -- a use for a
particular event, or am I misunderstanding?
MR. CURRY: Right. This is for an extended use for multiple
events.
COMMISSIONER HILLER: Right.
MR. CURRY: However, if the parks department decided in 90
days that they wanted to use it for any particular event, they could
simply ask the Airport Authority, and the Airport Authority could
approve of that. So technically they could use it for a function of that
type.
COMMISSIONER HILLER: But that's not the issue. I mean,
the issue is is that it really can't be used as a park or defined as a park
without an FAA-approved memorandum of understanding.
MR. CURRY: Well, they can never be defined as a park, and
that's the issue.
COMMISSIONER HILLER: Defined as whatever. I mean, I
don't know the technical --
MR. CURRY: It's defined as airport property that could be used
for recreational activities by the county.
Page 144
April 26, 2011
COMMISSIONER HILLER: Right.
MR. KLATZKOW: May I? This is an interim use. Hopefully in
the future, many, many years from now, the airport will grow and they
may need this property for some other use. Right now the airport has
no use for it. We're using it as a local park, and it's a good thing for
the community. We've got the ability to terminate this on 30 days'
notice if something pops up and this board feels is a better use than
this particular park. But until then, the people of Immokalee will have
a park, and it's been approved. It's just not -- it's just not a field.
COMMISSIONER HILLER: And here's my thing. I have no
problem with it being used for the described purpose. I just want to
ensure that the process in which this is being adopted conforms with
the law. And what I'm hearing Mr. Courtright say is that there's some
letter from the FAA.
Do you have that letter?
MR. COURTRIGHT: Yes.
COMMISSIONER HILLER: Can you please introduce it in the
record.
MR. COURTRIGHT: Sure.
COMMISSIONER HILLER: That requires FAA approval prior
to the BCC approving it. That's my understanding. And, you know, if
that's not the case, then we can approve it as presented. But if that is
the case -- can you please give it to --
MR. COURTRIGHT: Certainly. May I read the--
COMMISSIONER HILLER: Sure, go ahead. Read it.
MR. COURTRIGHT: It's from Krystal Richey of the FAA dated
September 28th of 20 1 0 to Mr. Chris Curry, reference: A use
agreement with Collier County Park Department. Thank you for your
analysis of the -- well, I won't bore you with the details.
MR. KLATZKOW: May I just stop? We have an agreement
right now with the parks department, okay . We're trying to terminate
that agreement, okay. This memorandum of understanding is going to
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April 26, 2011
go to the FAA. I mean, I don't know why you would want a period of
time between the FAA -- terminating this lease and the FAA renewing
the MOU where you couldn't do anything with this area. We're trying
to fix an issue that his predecessor created, to be perfectly frank, and
this is how we're doing it.
MR. COURTRIGHT: This is the most unusual situation anyone
can imagine. There is a provision in this document, the original one,
that says that if any valid aviation facility desires to utilize that land,
we would, or they would, have priority over the park, and they should
be recognized. It's documented.
I didn't ask for all of it. I only asked to share it, and I agreed.
Mr. Curry claimed that he had talked to me with the FAA. He's never
said a word to me. I had to force him to provide me with this
document.
And it's simple. It's all black and white. The FAA takes the
position of, number one, positively no public parks on airport land.
It's cut and dry.
They did provide a provision to circumvent it with the
understanding that if anybody came along with an articulated positive
plan for aviation activity on that property, they would be given the
privilege of making an application, which is what I did. I made -- I
submitted a letter of intent wanting to establish an education museum.
I'm certified with state -- with the Board of Education as a
technical instructor. I teach at the I-tech, I'm a flight instructor, I'm an
AMP, I'm an lA, and I have the capability and I can do it. I'll play the
game. I'm disappointed.
And, Mr. Curry, I want to apologize to you about something.
You got into a real bucket of worms when you took this job. You
make the seventh executive director or interim director to come on
board. You didn't know about this fiasco, and you did what you had
to do.
I made an appointment with you to bring this to your attention
Page 146
April 26, 2011
within two weeks of your coming on board. You canceled my
meeting with you. I was 15 minutes from your office.
I left you a copy of the formal complaint for you to read. I don't
believe you even looked at it. I have not had opportunity -- you have
it now, yes, because I hand-delivered it to Parks and Recreation and to
the CRA and other organizations.
I rest -- thank you, gentlemen, ladies. I have nothing else to say.
CHAIRMAN COYLE: Okay, good. Thank you. We have a
motion to approve.
All in favor, please signify by saying aye.
COMMISSIONER HILLER: (No verbal response.)
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
(No response.)
CHAIRMAN COYLE: It passes unanimously.
MR. CURRY: Thank you.
MR. OCHS: Commissioners, that takes us to Item 14, public
comments --
COMMISSIONER HILLER: Let me just say one thing. I do
support the approval on the MO (sic) under one condition, and that is,
the county attorney come back and give us a legal opinion that,
number one, we don't need FAA approval in order to have voted on
this, as we did. And if we do need FAA approval that we bring it back
and, secondly, that we can have a public park on the airport.
The county attorney is of the opinion that, you know, that won't
be a problem on each of those instances, but I just want to be sure
we're okay.
MR. KLATZKOW: We're sending it to the FAA. We're sending
this to the FAA for approval, and if the FAA comes back and says,
Page 147
April 26, 2011
you can't do this at all, I guess eventually we'll have to evict the park
department. But we think we're okay, ma'am.
COMMISSIONER HILLER: Okay. As long as, you know,
that's the case.
MR. KLATZKOW: We're trying to fix something that's broke,
to be honest with you.
COMMISSIONER HILLER: If you could please send me a
copy of the FAA's response once you do receive it, I would appreciate
it.
MR. KLATZKOW: It would be our pleasure.
MR. CURRY: And let me just add, you cannot have a public
park on the airport. That's not what we have.
MR. OCHS: I understand.
CHAIRMAN COYLE: Yeah. I think we understand.
And if the FAA comes back with objections, you will clearly
come back to us and discuss those objections and what modifications
need to be made to the agreement, right?
MR. CURRY: Absolutely. Thanks.
COMMISSIONER HILLER: And if I could, I'd like a copy of
that letter that he was referring to, you know, Courtright was referring
to, whatever letter he was talking about where the FAA declined
approval of the -- that MOA initially.
MR. KLATZKOW: I think we have it, Commissioner. We'll
send it to you.
COMMISSIONER HILLER: Yeah, if you could, please. I'd like
to -- you know, where he makes reference that it requires preapproval.
COMMISSIONER FIALA: Could you send it to all of us,
please.
COMMISSIONER HILLER: Yeah, please.
MR. KLATZKOW: Yes.
COMMISSIONER FIALA: Thank you.
Page 148
April 26, 2011
Item #14
PUBLIC COMMENTS
MR.OCHS: Sir, Item 14 is public comment on general topics.
CHAIRMAN COYLE: Do we have any public comment?
MR. MITCHELL: Yes, sir, we do. Mike Deluca.
COMMISSIONER HENNING: And Mike Delate?
MR. OCHS: No, Deluca.
MR. MITCHELL: Is it Deluca?
MR. OCHS: I don't see him here.
MR. MITCHELL: Sir, that was the only person registered.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
CHAIRMAN COYLE: Okay. Then that takes us to Staffand
Commission General Communications.
MR.OCHS: Yes, sir.
CHAIRMAN COYLE: And so we'll start with you, County
Manager.
MR.OCHS: Just one quick item.
Commissioners, on April 14th the staff made a presentation to
your Coastal Advisory Committee putting forth the staff
recommendation resulting from the meetings with stakeholders to
present a marker plan for Clam Pass.
As a result of that presentation, the Coastal Advisory Committee
had asked the staff to hold one more stakeholders' meeting in the
hopes of gaining even more support, if possible, for the plan before we
brought it forward to the board.
I was just taking this opportunity to advise the board that I don't
Page 149
April 26, 2011
object to an additional meeting. I don't think -- unless the board has a
strenuous objection, I would like to direct my staff to hold one more
stakeholder meeting and then bring the final recommendation in front
of this board for consideration.
CHAIRMAN COYLE: I'm okay with that.
COMMISSIONER COLETTA: Yeah.
CHAIRMAN COYLE: Anybody else?
COMMISSIONER FIALA: Absolutely.
CHAIRMAN COYLE: Anybody have a problem?
MR.OCHS: Thank you. That's all I have.
CHAIRMAN COYLE: That's it.
County Attorney?
MR. KLATZKOW: Nothing, sir.
CHAIRMAN COYLE: Commissioner Hiller?
COMMISSIONER HILLER: Yeah. The one concern is that the
Coastal Advisory Committee should not be directing staff. They
really should be making a recommendation to bring it back to the
board, and the board makes a determination. So thank you, Mr. Ochs,
for bringing it to our attention so that we have the opportunity to
address it.
When I had heard about this issue, I spoke to Mr. McAlpin, and
he shared his input with me on it. And there really isn't any room for
subjectivity in this.
Fish and Wildlife has, you know, made it clear what the
parameters are and what can and can't be done. So -- and quite
frankly, Fish and Wildlife has spoken at these meetings through phone
conference to all the stakeholders.
So I'm not really sure -- while, you know, we can have as many
meetings as the public would like, the fact is, we're at a point where
the law is what it is and the facts are what they are. And, quite
frankly, there was consensus with the exception of one party that,
notwithstanding their speaking with Fish and Wildlife, you know, still
Page 150
April 26, 2011
didn't like what they heard.
So I would like to know what the objective of this additional
meeting is. If we're going to use staff resources yet again, this will be
the third meeting and, quite frankly, the third of recent meetings,
because this is a debate that has been going on two years, and we've
had many, many, many more public meetings.
And I just question, since we're really addressing a single group
of citizens, if this isn't something that can't be addressed between staff
and those citizens instead of making everybody come out again from
all the various -- you know, all the various parties that are affected.
So I just wonder if they can't sit down with Mr. McAlpin and go
over this issue which, quite frankly, from what I can see is no longer a
debate. I mean, to use the language that's so often used, the land is --
the line has been drawn in the sand or in this case in the bay.
MR. OCHS: Sure.
COMMISSIONER HILLER: So I don't know what your
thoughts on that are, but I just -- I'm questioning what value we're
going to get out of it and how much work this is going to take to no
end, because we can't do anything different.
MR.OCHS: Commissioner, I agree with your assessment with
respect to the signage. I think we've exhausted to the regulatory
agencies our ability to --
COMMISSIONER HILLER: Right.
MR. OCHS: -- change the language and the markings on that
marker plan.
What I intend to do with one more meeting with the stakeholders,
if the board permits, is to concentrate on a few things that came up
during the CAC meeting about areas where we may have some
additional discretion for informational markings in our own Clam Pass
Park, at the boat launch site there, the canoe launch site.
There was some discussion about some additional signage there
that would reinforce the fact that that waterway is used by vessels and
Page 151
April 26, 2011
swimmers and kayakers. There's also some potential discretion for
some informational signage on the bridge over Clam Pass.
So those things were discussed by the Coastal Advisory
Committee. And I agree, that's the only area that we might have to --
COMMISSIONER HILLER: And they were discussed at those
meetings also. I attended the meetings, actually.
MR. OCHS: In speaking with staff, they think there may be a
few more things that we can offer in terms of informational signage
and education at Clam Pass Park at the canoe launch. Maybe do some
additional signage affixed to the Clam Pass Bridge. We would focus
primarily in those areas, Commissioners. And beyond that, I agree,
there's not much left that we have at our discretion that the permitting
.
agencIes --
COMMISSIONER HILLER: And that would be fine, but I also
think that anything that's proposed beyond what has already been
essentially preapproved, if you will, or ratified by Fish and Wildlife, if
it's -- if there's anything that's proposed that's beyond what they have
approved, I think we should clear it with them first, because I don't
want to see these debates where people speculate, you know, what the
agency will or will not permit.
MR.OCHS: Sure.
COMMISSIONER HILLER: It just causes a great deal of upset
because people, you know, begin to speculate and argue on
speculation, and it's divisive.
MR. OCHS: I agree. And I think the areas I'm talking about
really are areas of discretion for the Board of County Commissioners
and areas that they could control in terms of signage --
COMMISSIONER HILLER: Is it?
MR.OCHS: -- and information.
CHAIRMAN COYLE: Yes.
MR.OCHS: Inside our own Clam Pass Park and the--
COMMISSIONER HILLER: Oh, okay. Inside the park itself?
Page 152
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April 26, 2011
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 3:05 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
~w~
FRED COYLE, CHAr -
A T~E~~;t'~~;~.>""p::
eDmat'J3::'~a-ROCK CLERK
'.... -.':.'@ {. ;2?,~}'~.-:r~~\~~~::_"" ,
. :..:. '.. ----/'>.- '"' ~
Attest' ,.., -:to -,tilf
llfplturt .~Cii .'i
These minutes appzved by the Board on (\II ~ Q 4-) ~ 0 11 ,
as presented A.... or as corrected ==.J
6
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICES, INC., BY TERRI LE\Y1S, COURT
REPORTER AND NOTARY PUBLIC.
Page 180