BCC Minutes 06/26/2012 R BCC
REGULAR
MEETING
MINUTES
JUNE 26, 2012
June 26, 2012
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, June 26, 2012
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
ALSO PRESENT:
Leo Ochs, County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal Kinzel, Office of the 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
June 26, 2012
9:00 AM
Fred W. Coyle - BCC Chairman; Commissioner, District 4
Jim Coletta - BCC Vice - Chairman; Commissioner, District 5; CRAB Vice -Chair
Donna Fiala - BCC Commissioner, District 1; CRAB 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 -249 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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June 26, 2012
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 Sammy Mosquera, United Pentecostal 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.)
3. SERVICE AWARDS
4. PROCLAMATIONS
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June 26, 2012
A. Proclamation designating June 20, 2012 as World Refugee Day. To be
accepted by Armando Galella, District Director, Catholic Charities of Collier
County; Sharon Kirkpatrick, Refugee Youth and Family Program Director,
Catholic Charities of Collier County; Desiree Gutierez; and Doubletree
Hotels. Sponsored by Commissioner Coletta.
B. Proclamation recognizing and congratulating Vanderbilt Country Club on
receiving the WRAP award for its continued efforts to promote waste
reduction, reuse, recycling and environmental awareness. To be accepted by
Joe Newell, Clubhouse Manager. Sponsored by Commissioner Coletta.
C. Proclamation recognizing the continued work by SCORE with the public
and private sector and the continued outstanding contribution in encouraging
entrepreneurship and economic development. To be accepted by George
Ahearn, Chairman, Karl Williams, Vice Chairman, Vin Izzi, Secretary,
Dick Lange, Director of Marketing, Nef Espinosa, Head of Latino Initiative.
Sponsored by Commissioner Coletta.
5. PRESENTATIONS
A. Presentation by Tricia Dorn, Key Account Executive of LCEC (Lee County
Electric Cooperative), presenting an equity payout of $14,311.01 to the
Board of County Commissioners.
6. PUBLIC PETITIONS
A. Public Petition request from Ms. Lesvia Martinez regarding a traffic light
and crossing lanes at the intersection of Lake Trafford Road and North 19th
Street in Immokalee.
B. Public Petition request from Richard Rogan requesting advanced street signs
on CR951, in advance of Naples Heritage Drive.
7. PUBLIC COMMENTS ON GENERAL TOPICS
Item 8 and 9 to be heard no sooner than 1:00 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
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June 26, 2012
9. ADVERTISED PUBLIC HEARINGS
A. This item to be heard in conjunction with Item #IIF. This item requires
that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item all participants are required to be sworn in.
Recommendation to consider PUDA- PL20110001497: Bent Creek Preserve
RPUD -- An Ordinance of the Board of County Commissioners of Collier
County, Florida amending Ordinance Number 2004 -41, as amended, the
Collier County Land Development Code, which established comprehensive
zoning regulations for the unincorporated area of Collier County, Florida, by
amending the appropriate zoning atlas map or maps for a project previously
known as the Summit Lakes Residential Planned Unit Development (RPUD)
which is henceforth to be known as the Bent Creek Preserve RPUD, to allow
construction of a maximum of 450 residential dwelling units on property
located approximately one -half mile east of the intersection of Collier
Boulevard (C.R. 95 1) and Immokalee Road (C.R. 846) in Section 26,
Township 48 South, Range 26 East, Collier County, Florida, consisting of
138.4 +/- acres; providing for the repeal of Ordinance Number 06 -62, the
Summit Lakes RPUD; and by providing an effective date.
10. BOARD OF COUNTY COMMISSIONERS
A. Appointment of two Collier County Commissioners to the Value
Adjustment Board with three Collier County Commissioners as alternates.
B. Request from the Hispanic Affairs Advisory Board to have the Board of
County Commissioners declare a seat vacant on the Hispanic Affairs
Advisory Board.
C. Advisory Board vacancies, press release dated June 19, 2012.
11. COUNTY MANAGER'S REPORT
A. This item to be heard at 10:00 a.m. Recommendation to select Option
B or D, identified by the Gordon River Greenway Stakeholders Committee
for the development of a controlled access entrance road with an enhanced
water feature at the Naples Zoo. (Steve Camell, Public Services Interim
Administrator)
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June 26, 2012
B. This item to be heard at 11:30 a.m. Recommendation to approve award
of Contract #11 -5772 for Final Design, Bid, and Construction Support
Services for South Marco Island Beach Renourishment and the rebuilding
of the five Existing Erosion Control Structures to Coastal Engineering
Consultants (CEC) for a not to exceed Time and Material amount of
$98,762, authorize the Chairman to sign the standard County Attorney
approved contract. (Gary McAlpin, Coastal Zone Management Director)
C. This item to be heard at 11:45 a.m. Recommendation to approve award
of Contract #11 -5772 for Collier County 2013 -14 Beach Renourishment
Project Design Engineering and Permitting Services for Renourishment
of Barefoot, Vanderbilt, Clam Pass, Park Shore and Naples Beaches to
Coastal Planning and Engineering in the amount of $848,554 and authorize
the Chairman to sign the standard County Attorney approved contract.
(Gary McAlpin, Coastal Zone Management Director)
D. This item to be heard at 2:00 p.m. Recommendation to establish the Collier
County Government Office of Business and Economic Development.
(Leo Ochs, County Manager)
E. Recommendation to award Bid No. #11 -5781, " NCWRF Effluent Filter
Set 1 Rehabilitation Project ", to Douglas N. Higgins, Inc., in the amount
of $1,563,000 for Project No. 73968, North County Water Reclamation
Facility Technical Support Project; and authorize a budget amendment in
the amount of $1,100,000 from Project No. 70050, Master Pump Station
Technical Support, to Project No. 73968, the NCWRF Technical Support
Project. (Craig Pajer, Public Utilities Principal Project Manager)
F. This item to be heard in eoniunetion with Item #9A. Recommendation to
approve the termination of a Developer Contribution Agreement (DCA)
between Collier County ( "County ") and Waterways Joint Venture V and
approve a new DCA between the County, Bent Creek Preserve, LLC ( "Bent
Creek "), Calusa Pines Golf Club, LLC ( "Calusa ") and Wells Fargo Bank,
N.A. ( "Bank ") to fund, design, permit, and construct a portion of Woodcrest
Drive from Immokalee Road to Acremaker Road. (Nick Casalanguida,
Growth Management Division Administrator)
12. COUNTY ATTORNEY'S REPORT
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June 26, 2012
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation the Collier County Community Redevelopment
Agency (CRA) accept and approve a Bayshore Gateway Triangle
CRA Executive Director Termination and Settlement Agreement and
authorize the CRA Chairman to sign.
2) Recommendation the Collier County Community Redevelopment
Agency (CRA) review CRA staff recommendations concerning
Bayshore Gateway Triangle CRA Tax Increment Fund (TIF) grant
programs for the remainder of Fiscal Year 2012, and provide direction
as determined by the Board.
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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A. GROWTH MANAGEMENT DIVISION
1) Recommendation to award a construction contract to Bonness, Inc.,
for Bid #12 -5880 - Yahl Street Roadway Improvements (from Pine
Ridge Road to the north end) Project No. 60182 -3, funded by the Pine
Ridge Industrial Park MSTU, in the amount of $880,552.84 plus a
ten percent (10 %) contingency of $88,055.28, totaling $968,608.12.
2) Recommendation to grant final approval of private roadway and
drainage improvements for the final plat of Royal Palm Golf Estates
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June 26, 2012
Unit One with roadway and drainage improvements being privately
maintained and authorizing the release of the maintenance security
and acceptance of the plat dedications.
3) This item requires ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants
are required to be sworn in. Recommendation to approve for
recording the final plat of Reflection Lakes at Naples Phase 3A
Application Number PL20120000147, approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
4) This item requires ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants
are required to be sworn in. Recommendation to approve for
recording the final plat of Quarry Phase 4 Application Number
PL20110002575, approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
5) Recommendation to execute a construction agreement with Florida
Department of Transportation (FDOT) for the Collier Area Transit
Intermodal Transfer Station Center project, and approve a resolution
authorizing the Chairman of the Board of County Commissioners
(BCC) to sign the agreement.
6) Recommendation to approve the 2012 Annual Progress Report to
the Collier County Transit Development Plan and authorization for
submission to the Florida Department of Transportation (FDOT).
7) Recommendation to approve an amendment to Ordinance Number
2011 -21, Planned Unit Development (PUD) time limits and time limit
extension requirements as found in Section 10.02.13.1) of the Collier
County Land Development Code (LDC).
8) Recommendation to approve an agreement between Big Cypress Golf
and Country Club Estates Homeowners Association, Inc. and Collier
County for installation and maintenance of landscape improvements
on Solana Road in support of a Landscape Beautification Master Plan.
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June 26, 2012
9) Recommendation to approve one (1) Adopt -A -Road Program
Agreement for Old US 41 from Collier Center Way north to the Lee
County Line, for the volunteer group, Todd Wyatt, Bondsman 24/7,
with a total of two (2) recognition signs at a total cost of $150.
10) Recommendation to approve a budget amendment of $823,454.74 to
move funds from three (3) projects identified in Stormwater Capital
Fund 325 to six (6) new projects, and one ongoing project.
11) Recommendation to award a Work Order for the Golden Gate
Stormwater Improvements for Coronado Parkway and Hunter
Boulevard to Haskins, Inc. in the amount of $360,811, plus a
ten percent (10 %) contingency of $36,081.10 totaling $396,892.10.
(Project Number 51029)
12) Recommendation to approve a Boat Dock Extension (BDE) zoning
fee reduction request for the Wahl Boat Dock Extension.
13) Recommendation to approve an increase in the amount of the
Purchase Order for Equable Real Estate Solutions, a real estate
appraisal firm which is providing the County primary expert witness
services in a pending eminent domain valuation trial in the case styled
Collier County v. Stonebridge Country Club Community Association,
et al, Project #60116. (Fiscal Impact: Not to Exceed $50,000)
14) Recommendation to approve amendments to the Staff Services
Agreement by and between the Collier Metropolitan Planning
Organization (MPO) Board and the Collier County Board of County
Commissioners.
15) Recommendation to approve the short-list of design professionals
pursuant to RFP 912 -5901 and enter into negotiations between Collier
County and Atkins North America for "Construction Engineering and
Inspection (CEI) and Related Services for US41 and SR/CR951
Intersection improvements and SR951 -3R Improvements. (Project
#60116)
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June 26, 2012
16) Recommendation to approve a Resolution authorizing the Growth
Management Division to establish guidelines for the placement of
advance street name guide signs along County maintained roadways.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners, in its
capacity as the Collier County Community Redevelopment Agency,
recognize sub - recipient grant funding in the amount of $2,011,955.46
from the Collier County Department of Housing, Human & Veteran
Services Department (HHVS) for deposit in CRA Grant Fund 715,
and authorize all necessary budget amendments.
2) Recommendation that the Board of County Commissioners, in its
capacity as the Collier County Community Redevelopment Agency,
recognize as a sub - recipient, a Community Development Block Grant
from the Collier County Department of Housing, Human & Veteran
Services Department (HHVS) in the amount of $140,000, intended to
fund pedestrian crosswalk improvements in the Immokalee Central
Business District, and authorize all necessary budget amendments.
3) Request that the Collier County Community Redevelopment Agency
(CRA) approve an application and recipient agreement for the
Immokalee CRA Commercial Facade Improvement Grant Program
for reimbursement of $16,366.67 for facade improvements to Chez
Nuos Dadou Restaurant at 211 West Main Street, Immokalee, Florida.
4) Request that the Collier County Community Redevelopment Agency
(CRA) approve an application and recipient agreement for the
Immokalee CRA Commercial Facade Improvement Grant Program
for reimbursement of $20,000 for facade improvements to Miner's
Market at 521 South First Street, Immokalee, Florida, owned by Shadi
of Naples, Inc.
5) Recommendation that the Board of County Commissioners acting as
the Community Redevelopment Agency (CRA) approve conveyance
of a 15 -foot wide utility easement by the CRA to the Immokalee
Water and Sewer District on CRA owned property as depicted on the
location map and Exhibit "A" of a Utility Easement, to accommodate
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June 26, 2012
an existing sanitary sewer line running through said parcel, at a cost
not to exceed $1,656.50.
6) Recommendation for the Community Redevelopment Agency (CRA)
to approve and execute a Commercial Building Improvement Grant
Agreement between the CRA and a Grant Applicant in the Bayshore
Gateway Triangle area. (3945 Bayshore Drive, $10,658.06)
7) Recommendation for the Community Redevelopment Agency (CRA)
to approve and execute an Impact Fee Assistance Grant Agreement
between the CRA and a Grant Applicant in the Bayshore Gateway
Triangle area. (2654 Bayview Drive, $7,063.31)
8) Recommendation for the Community Redevelopment Agency (CRA)
to approve and execute a Commercial Building Improvement Grant
Agreement between the CRA and a Grant Applicant in the Bayshore
Gateway Triangle area. (2052 Danford Street, $30,000)
C. PUBLIC UTILITIES DIVISION
1) Recommendation to approve the selection committee rankings and to
enter into negotiations for a contract for RFP #12 -5883, "Master
Pumping Station 312 Professional Services During Construction ",
Project Number 72549, with Agnoli, Barber, & Brundage.
2) Recommendation to approve a work order under RFQ 408- 5011 -62
in the amount of $258,218.13 to Quality Enterprises USA, Inc., for
Underground Utility Contracting Services for South County Regional
Water Treatment Plant Reactor Tanks Rehabilitation Project #70034.
3) Recommendation to authorize a budget amendment of $400,000
to move funds from Project #70087, Vanderbilt Drive Water Main
Rehabilitation to Project #70019, Cross Connection Control Program.
4) Recommendation to authorize a budget amendment of $700,000
to move funds from Project #70030, South Reverse Osmosis Wellfield
Repair to Project #70010, Meter Renewal and Replacement.
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June 26, 2012
5) Recommendation to approve the communication of support from the
Collier County Water -Sewer District by letter, under signature of the
Chair of the Board of County Commissioners, Ex- Officio the
Governing Board of the Collier County Water -Sewer District, for the
Water Infrastructure Financing Innovation Act to our Federal House
and Senate representatives and encourage them to sign on as original
co- sponsors of the legislation.
6) Recommendation to award Contract #12 -5894, in the amount of
$948,787, to Youngquist Brothers, Inc., for South County Regional
Water Treatment Plant Deep Injection Well IW -1 Tubing
Replacement Project #70088.
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve an Urban County Cooperation
Agreement with the City of Naples; authorize the chair to sign the
approving resolution and authorize staff to forward supporting
documentation to U.S. Housing and Urban Development (HUD)
to comply with HUD's Urban County Requalification requirements.
2) Recommendation to approve a Work Order with Atkins North
American, Inc. for Physical Monitoring under Contract #09- 5262 -CZ
for a not to exceed Time and Material amount of $135,200, authorize
the County Manager or his designee to execute the Work Order, and
make a finding the item promotes tourism.
3) Recommendation to approve the time extension of four months for
Contract #07 -4131, "Gordon River Greenway Park" with Kimley-
Horn & Associates, Inc.
4) Recommendation to approve one (1) satisfaction of mortgage for a
State Housing Initiatives Partnership Program (SHIP) Short Sale loan
repayment issued to Collier County.
5) Recommendation to approve Amendment No. 2, changing Exhibit A,
Project Scope of an existing Subrecipient Agreement with Goodwill
Industries of Southwest Florida, Inc. to utilize all of the Community
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June 26, 2012
Development Block Grant (CDBG) funding for completed renovations
at the Robert's Center in Immokalee, Florida.
6) Recommendation to award Invitation to Bid #12-5862, Non -Bulk
Chemicals, Reagents, and Pool Supplies for Parks and Recreation
pools to Commercial Energy Specialist, Inc. (approximate annual
expenditure: $150,000)
7) Recommendation to waive competition "after the fact" and authorize
the payment of invoice #2630 -QB to Alex's Pool Heating and Air
Conditioning for $12,000 to replace two Chiller /Heaters at the Golden
Gate Aquatics Facility.
8) Recommendation to adopt a Resolution repealing all previous
resolutions establishing and amending parts of the Collier County
Parks and Recreation Department Facilities and Outdoor Areas
License and Fee Policy and establishing the policy anew to include a
non - resident annual pass for Sun -N -Fun Lagoon and to allow
overnight parking at designated marina locations with a permit.
9) Recommendation to waive formal competition under the County's
Purchasing Policy approve and authorize the chairman to sign a
successor agreement to Contract #09 -5248 with Vincent Raymer,
G.C. for the completion of rehabilitation of three homes in an amount
not to exceed $67,034.
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to authorize utilization of Western States
Contracting Alliance (WSCA) Contract # 1907 as adapted by the State
of Florida with Sprint Solutions, Inc. for a period of four years and
authorize the Chairman to execute the participating addendum.
2) Recommendation to approve Amendment No. 07 to an agreement
with the Collier County District School Board for the Driver
Education Program to provide $178,000 in funding.
3) Recommendation to recognize and appropriate revenues for special
facility maintenance and security services in the amount of
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June 26, 2012
$98,532.65 to the Facilities Management Department cost center and
approve all necessary Fiscal Year 2011 -2012 budget amendments.
4) Recommendation to approve and execute a Shared Parking and
Access Agreement with Naples Zoo, Inc., the County, and the
Conservancy of Southwest Florida, Inc.
5) Recommendation to approve the revised Freedom and Gordon River
Greenway Parks Land Management Plan to reflect current project
boundaries and plans, as required by the Florida Communities Trust
Grant Agreement.
6) Recommendation to approve an Interdepartmental Agreement for
Land Management at Freedom Park, as required by the Florida
Communities Trust Grant Agreement.
7) Recommendation to accept and recognize the rebate from Florida
Power and Light (FP &L) in the amount of $256,320 for the Chiller
Replacement/Ice Storage Expansion Project completed with grant
funds from United States Department of Energy (DOE) and authorize
the necessary budget amendment.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve the Memorandum of Understanding
between Collier County and Habitat for Humanity of Collier County,
Inc. in support of Emergency Management activities related to natural
and manmade hazards emergency response.
2) Recommendation to approve recognition of Carry Forward up to
$350,000 in Tourism Promotion Fund 184 for the enhanced
Summer /Fall campaign and authorize all necessary budget
amendments.
3) Recommendation to approve Change Order #3 to Contract #10 -5541
with Paradise Advertising &Marketing, Inc. in the amount $250,000
for a total of $600,000 in additional media and production billing at
gross in accordance with their agreement with Collier County.
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June 26, 2012
4) Recommendation to approve Interlocal Agreement #12 -5834 between
Collier County and the City of Marco Island to provide fire protection
and rescue services to the unincorporated area of the County known as
Goodland.
5) Recommendation that the Board of County Commissioners adopt a
Resolution fixing the date, time and place for the Public Hearing for
approving the Special Assessment (Non -ad valorem Assessment) to
be levied against properties within the Pelican Bay Municipal Service
Taxing and Benefit Unit.
6) Recommendation to approve a report covering a budget amendment
impacting reserves in an amount up to and including $17,000 and a
budget amendment moving funds.
7) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2011 -12 Adopted Budget.
G. AIRPORT AUTHORITY
1) Recommendation to approve and authorize the Airport Authority's
Executive Director to execute a Common/Cargo /Executive Hangar
Lease Agreement between the Collier County Airport Authority and
the Collier County Sheriff's Office.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala requests Board approval for reimbursement
regarding a function serving as a Valid Public Purpose. She attended
the Mental Health Association of Southwest Florida 55th Anniversary
Sunset Cruise June 23, 2012. $50 paid from Commissioner Fiala's
travel budget.
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
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June 26, 2012
1) To obtain Board approval for disbursements for the period of May 26,
2012 through June 1, 2012 and for submission into the official records
of the Board.
2) To obtain Board approval for disbursements for the period of June 2,
2012 through June 8, 2012 and for submission into the official records
of the Board.
3) Recommend approval to decline the grant award of $110,000 for
Homeland Security Fiscal Year 2010 Operation Stonegarden-B order
Security Federal Grant 42010 -SS -TO -0092.
4) Recommendation to approve the sixteenth year SCAAP letter
delegating authority to Sheriff Kevin Rambosk to be the official grant
applicant and contact person, or his designee, and to receive and
expend the payment of the sixteenth year of State Criminal Alien
Assistance Program ( SCAAP) Grant Funds.
5) To obtain Board approval for the third year of Contract #09 -5270,
"Auditing Services for Collier County ", with Ernst and Young LLP,
in order to provide for Fiscal Year 2012 external audit and authorize
corresponding payment of $607,000 for services.
K. COUNTY ATTORNEY
1) Recommendation to approve an Agreed Order Awarding Expert Fees
and Attorney Fees in connection with Parcel I I IFEE and 111TCE in
the lawsuit styled Collier County v. AL Subs, Inc., et al., Case No. 09-
3691-CA, Collier Boulevard Project #60092. (Fiscal Impact: $94,600)
2) Recommendation to approve a Stipulated Order Taxing Supplemental
Attorney's Fees in connection with Parcel 811 in the lawsuit styled
Collier County v. Myrtle Preserve, LLC, et al., Case No. 07- 0463 -CA,
Collier Boulevard Project #51101. (Fiscal Impact: $7,500)
3) Recommendation to approve a mediated settlement agreement prior
to trial in the lawsuit entitled Board of County Commissioners, Collier
County, Florida, v. Todd Sondrini and Kesia Sondrini, filed in the
Twentieth Judicial Circuit in and for Collier County, Florida,
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June 26, 2012
Case No. 11- 1402 -CA, to settle a property damage claim for the sum
of $10,500 and authorize the Chairman to execute the Settlement
Agreement.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI -
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to consider PUDZ- PL2011-
0001519: Naples View RPUD -- An Ordinance of the Board of County
Commissioners of Collier County, Florida amending Ordinance 2004 -41, as
amended, the Collier County Land Development Code, which established
the comprehensive zoning regulations for the unincorporated area of Collier
County, Florida by amending the appropriate zoning atlas map or maps by
changing the zoning classification of the herein described real property from
a Rural Agricultural (A) zoning district to a Residential Planned Unit
Development (RPUD) zoning district for the project to be known as the
Naples View RPUD to allow construction of a maximum of sixty -six
residential dwelling units on property at 6900 Airport Road North in Section
01, Township 49 South, Range 25 East, Collier County, Florida, consisting
of 11 +/- acres; and by providing an effective date.
B. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to consider SV- PL2011-
0002805, Agave Southwestern Grill, a Resolution of the Board of Zoning
Appeals of Collier County, Florida relating to Petition SV- PL20110002805,
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June 26, 2012
granting a variance from Section 5.06.04.F of the Land Development Code
to allow two wall signs on one building consisting of an existing wall sign of
93.33 square feet on the northern building fayade and a second wall sign up
to 96 square feet on the western fagade of the building which is located at
2380 Vanderbilt Beach Road in Section 02, Township 49 South, Range 25
East, Collier County, Florida.
C. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to consider a Resolution of
the Board of Zoning Appeals of Collier County, Florida approving retail
tire sales with minor automotive repair as a permitted use in the Creekside
Commerce Park CPUD. The subject property is located in Section 27,
Township 48 South, Range 25 East Collier County, Florida.
D. Recommendation to adopt a resolution approving amendments
(appropriating carry- forward, transfers and supplemental revenue) to the
Fiscal Year 2011 -12 Adopted Budget.
E. Recommendation to adopt an Ordinance establishing a Public Safety
Authority and sunset the Emergency Medical Services Policy Advisory
Board.
F. Recommendation to adopt an amendment to the Flood Damage Prevention
Ordinance (FDPO) to address: (1) Federal Emergency Management Agency
(FEMA)'s recent determination that the County's FDPO is not in compliance
with the requirements of the National Flood Insurance Program (NFIP) and
(2) the recent amendment to the Florida Building Code.
G. Recommendation to consider an Ordinance of the Board of County
Commissioners of Collier County, Florida, amending Ordinance 2004 -41, as
amended, the Collier County Land Development Code, which includes the
comprehensive land regulation for unincorporated areas of Collier County,
Florida, by providing for: Section One, Recitals; Section Two, Findings of
Fact; Section Three, Adoption of Amendments to the Land Development
Code, more specifically amending the following: Chapter Two — Zoning
Districts and Uses, including Section 2.01.03 Essential Services, to add
aviation uses as a permitted use in the Conservation Zoning District on lands
adjacent to the Marco Island Executive Airport; Section Four, Conflict and
Page 17
June 26, 2012
Severability; Section Five, Inclusion in the Collier County Land
Development Code; and Section Six, Effective Date.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383.
Page 18
June 26, 2012
June 26, 2012
MR. OCHS : Mr. Chairman, you have a live mic.
CHAIRMAN COYLE: Ladies and gentlemen, would you please
stand for the invocation by Reverend Sammy Mosquera of the United
Pentecostal Church.
Item # l A
INVOCATION AND PLEDGE OF ALLEGIANCE — GIVEN BY
THE COUNTY MANAGER ON BEHALF OF REVEREND
SAMMY MOSQUERA WHO WAS UNABLE TO ATTEND
MR. OCHS: Commissioner, the reverend didn't make it this
morning, so I'll sub, if that's all right.
Our Heavenly Father, we ask your blessing on these proceedings
and all who are gathered here. We ask this, a special blessing on this
Board of County Commissioners, guide them in deliberations, grant
them wisdom and vision to meet trials of this day and days to come.
Bless us now as we undertake business of Collier County and its
citizens, that our actions will serve the greater good of all citizens and
be acceptable in your sight.
These things we pray in your name, amen.
CHAIRMAN COYLE: Thank you. Please remain standing for
the Pledge of Allegiance.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN COYLE: Thank you.
Okay. County Manager, if you'll go over the changes to the
agenda this morning, please.
Item #2A
APPROVAL OF TODAY'S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED — APPROVED AND /OR
Page 2
June 26, 2012
ADOPTED WITH CHANGES
MR. OCHS : Yes, sir, Mr. Chairman. Good morning,
Commissioners.
These are your proposed agenda changes for the Board of County
Commissioner's Meeting of June 26, 2012.
The first proposed change is to add Item 4D. It will be a
proclamation designating July 2012 as Bladder Cancer Awareness
Month in Collier County. That item is added at the request of
Commissioner Coyle.
The next proposed change is to move Item 16137 from your CRA
consent agenda to the regular agenda. And that move is made at staffs
request in order to clarify a provision in the executive summary.
And the final proposed move, Commissioners -- I've had a
discussion with the chairman, and he no longer requires that this item
be moved from your summary agenda. So we will not be moving that
item to 9B.
Commissioners, you have a series of time - certain hearings this
morning. Item 11 A on the zoo ponds will be heard at 11 -- excuse me
-- at 10 a.m.
Items 11 B and C have to do with awarding engineering contracts
for beach renourishment and will be heard at 11:30 and 11:45 a.m.,
respectively.
Item 11 D regarding the County Manager's proposed business and
economic development office will be heard at 2 p.m.
And, finally, Item 9A will be heard in conjunction with Item 11F.
That is a PUD amendment followed by an associated Developer
Contribution Agreement. We will begin that with Item 9A at 1 p.m.
under your advertised public hearings and follow it up with 11 F, and
you'll hear those in tandem.
Those are all the changes that I have, Mr. Chairman.
CHAIRMAN COYLE: Okay. Thank you, County Manager.
Page 31
June 26, 2012
County Attorney?
MR. KLATZKOW: No changes, sir.
CHAIRMAN COYLE: Okay. We'll start with Commissioners,
and we'll start with Commissioner Henning this morning for any other
changes to the agenda and for ex parte disclosure for the consent and
summary agenda only.
COMMISSIONER HENNING: Good morning. Looking
forward to a very productive and civil meeting, being our last one
before the summer break.
Mr. Chairman, on Item 11 A, the zoo pond, other issues may
come up besides the pond. Are we just talking about the pond issue?
CHAIRMAN COYLE: That's the only thing advertised to the
best of my knowledge and it's the only decision we would make today.
COMMISSIONER HENNING: Right, and I appreciate that.
The ex parte communications that I have, on 17A I received an
email; 1713, Planning Commission staff report. Let me go back to
17A. I also received the Planning Commission staff report; on 17C,
I spoke to staff. That's all I have. No changes.
CHAIRMAN COYLE: Thank you very much.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes. Good morning, sir, and
I'm looking forward to this meeting also today.
I have no changes to the agenda. And as far as my ex parte
disclosure, on the consent agenda I have no disclosures. On the
summary agenda, 17A, I reviewed the staff report, on 17B I reviewed
the staff report, and that concludes my ex parte.
CHAIRMAN COYLE: Okay. Thank you.
I have no ex parte disclosure relevant to the consent agenda. On
the summary agenda, for Item 17A and -- 17A I have received some
emails and I have reviewed the staff report, and on 17B, I have only
reviewed the staff report itself.
And that concludes my ex parte. I have no other changes to the
June 26, 2012
agenda.
Commissioner Fiala?
COMMISSIONER FIALA: Yes, I have no changes to the
agenda either. I have nothing to declare on the consent agenda.
On the summary agenda, I just received one email on 17A. I also
reviewed staff report on Item 17B. Nothing else to declare as far as ex
parte on the summary agenda.
CHAIRMAN COYLE: Commissioner Hiller?
COMMISSIONER HILLER: I have no changes to the agenda;
no disclosures for consent. With respect to summary, I reviewed the
staff report for 17A, reviewed a staff report for 17B, and no
communication on C.
CHAIRMAN COYLE: Okay. Thank you very much.
I will entertain a motion to approve today's regular, consent, and
summary agenda as amended.
COMMISSIONER HILLER: Motion to approve.
COMMISSIONER HENNING: So moved.
CHAIRMAN COYLE: Motion to approve by Commissioner
Hiller, seconded by Commissioner Henning.
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 approval of today's regular, consent,
and summary agenda is unanimous.
Page 5
Proposed Agenda Changes
Board of County Commissioners Meeting
June 26, 2012
Add On Item 41): Proclamation designating July 2012 as "Bladder Cancer Awareness
Month in Collier County'. To be accepted by Carla L. Dean, President, Bladder Cancer
Foundation of Florida, Inc. (Sponsored by Commissioner Coyle)
Move Item 16137 to Item 14133: Recommendation for the Community Redevelopment
Agency (CRA) to approve and execute an Impact Fee Assistance Grant Agreement between
the CRA and a Grant Applicant within the Bayshore Gateway Triangle area. (2654 Bayview
Drive, $7,063.31). (Staffs request)
Move Item 17E to Item 913: Recommendation to adopt an Ordinance establishing a Public
Safety Authority and sunset the Emergency Medical Services Policy Advisory Board.
(Commissioner Coyle's request)
Time Certain Items:
Item 11A to be heard at 10:00 a.m.
Item 11B to be heard at 11:30 a.m.
Item 11C to be heard at 11:45 a.m.
Item 11D to be heard at 2:00 p.m.
Items 9A to be heard in conjunction with Item 11F
7/12/2012 12:28 PM
June 26, 2012
CHAIRMAN COYLE: That brings us to proclamations, County
Manager.
Item #4
PROCLAMATIONS — ONE MOTION WAS TAKEN TO ADOPT
ALL OF THE PROCLAMATIONS — ADOPTED
Item #4A
PROCLAMATION DESIGNATING JUNE 20, 2012 AS WORLD
REFUGEE DAY. ACCEPTED BY ARMANDO GALELLA,
DISTRICT DIRECTOR, CATHOLIC CHARITIES OF COLLIER
COUNTY; SHARON KIRKPATRICK, REFUGEE YOUTH AND
FAMILY PROGRAM DIRECTOR, CATHOLIC CHARITIES OF
COLLIER COUNTY; DESIREE GUTIEREZ AND DOUBLETREE
HOTELS. SPONSORED BY COMMISSIONER COLETTA —
ADOPTED
MR. OCHS: Yes, sir. The first proclamation this morning is
Item 4A on your agenda. It's a proclamation designating June 20,
2012, as World Refugee Day. To be accepted by Armando Galella,
district director, Catholic Charities of Collier County; Chairman
Kirkpatrick, Refugee Youth and Family Program director, Catholic
Charities of Collier County; Desiree Gutierrez; and Doubletree Hotels.
And this item is sponsored by Commissioner Coletta.
If you'd please step forward and receive your award.
COMMISSIONER COLETTA: If I may, sir?
CHAIRMAN COYLE: You may. You may present the award.
COMMISSIONER COLETTA: I have one comment I'd like to
make.
I've had the pleasure to serve on Catholic Charities Advisory
June 26, 2012
Board back in 1994, became their chairman in 1997.
Catholic Charities' services are provided to all in need. Their
advisory board has representatives from all faith, and three out of four
service recipients are non - Catholic.
Collier County is home to refugees from various parts of the
world who are striving for a better, more peaceful life, seeking
freedom and safety from persecution.
I'd like to extend a personal thanks to Catholic Charities and all
the voluntary agencies who work to help refugees integrate into our
society, laws, and culture.
Thank you.
CHAIRMAN COYLE: Who's going to accept the proclamation?
(Applause.)
COMMISSIONER COLETTA: Thank you for being here today.
COMMISSIONER HENNING: Thank you for your service.
CHAIRMAN COYLE: Thank you.
COMMISSIONER FIALA: Thank you for all the work you do
in our community.
CHAIRMAN COYLE: Would either of you like to say a few
words?
COMMISSIONER FIALA: First, pictures.
CHAIRMAN COYLE: You don't have to.
COMMISSIONER COLETTA: I didn't say it all. There must be
something left to say.
COMMISSIONER FIALA: Come on in, get a picture.
COMMISSIONER COLETTA: Don't be bashful.
(Applause.)
Item #4B
PROCLAMATION RECOGNIZING AND CONGRATULATING
VANDERBILT COUNTRY CLUB ON RECEIVING THE WRAP
Page 7
June 26, 2012
AWARD FOR CONTINUED EFFORTS TO PROMOTE WASTE
REDUCTION, REUSE, RECYCLING AND ENVIRONMENTAL
AWARENESS. ACCEPTED BY JOE NEWELL, CLUBHOUSE
MANAGER. SPONSORED BY COMMISSIONER COLETTA —
ADOPTED
MR. OCHS: Item 4B is a proclamation recognizing and
congratulating Vanderbilt Country Club on receiving the WRAP
award for its continued efforts to promote waste reduction, reuse,
recycling, and environmental awareness.
To be accepted by Joe Newell, clubhouse manager; Ramona
Luca; and Corky Heinemeyer.
(Applause.)
COMMISSIONER COLETTA: Good morning.
COMMISSIONER FIALA: Good morning.
CHAIRMAN COYLE: I have something. You get one too, and
then you get a plaque.
COMMISSIONER HENNING: Good job.
COMMISSIONER COLETTA: Thank you so much for what
you're doing.
COMMISSIONER FIALA: We love our recycling program.
Thank you for participating.
(Applause.)
MR. NEWELL: May I say a few words?
CHAIRMAN COYLE: You may.
MR. NEWELL: Thank you. Since I prepared some.
On behalf of the staff and members of Vanderbilt Country Club,
I'd like to thank the Board of County Commissioners for this award
and also Janet Tiago for recognizing our efforts and helping to make
this happen.
When we started our recycling program we thought there would
be resistance from the staff and indifference from the membership, but
June 26, 2012
that was not the case. Everyone embraced the idea, and the
community has supported our recycling program from the beginning.
In fact, this year we're expanding our program with even more
recycling containers around the complex, and we're adding -- I'm sorry
-- we're adding hazardous materials to our collection efforts this year.
We're also thinking green by raising awareness and conservation of
water and energy.
So it's an honor to receive the WRAP recognition, and we'd like
to challenge other country clubs in Collier County to recycle and
become part of the solution in reducing the waste and hazardous
materials that end up in our landfills.
Again, thank you very much.
CHAIRMAN COYLE: Thank you.
(Applause.)
Item #4C
PROCLAMATION RECOGNIZING THE CONTINUED WORK
BY SCORE WITH THE PUBLIC AND PRIVATE SECTOR AND
THE CONTINUED OUTSTANDING CONTRIBUTION IN
ENCOURAGING ENTREPRENEURSHIP AND ECONOMIC
DEVELOPMENT. ACCEPTED BY GEORGE AHEARN,
CHAIRMAN; KARL WILLIAMS, VICE CHAIRMAN; VIN IZZI,
SECRETARY; DICK LANGE, DIRECTOR OF MARKETING
AND NEF ESPINOSA, HEAD OF THE LATINO INITIATIVE
SPONSORED BY COMMISSIONER COLETTA — ADOPTED
MR. OCHS: Item 4C is a proclamation recognizing continued
work by SCORE with the public and private sector and the continued
outstanding contribution in encouraging entrepreneurship and
economic development.
To be accepted by George Ahearn, chairman; Karl Williams,
June 26, 2012
vice - chairman; Vin Izzi, secretary; Dick Lange, director of marketing;
Nef Espinosa, head of Latino Initiative.
This item is sponsored by Commissioner Coletta. If you'd please
come forward.
(Applause.)
MR. AHEARN: We have two missing in action here. Sorry
about that.
CHAIRMAN COYLE: Good morning. Congratulations. Thank
you very much.
COMMISSIONER COLETTA: Thank you again for all that you
do.
COMMISSIONER FIALA: Thank you. Thank you for all
you're doing.
CHAIRMAN COYLE: Thank you for all your good work.
MR. AHEARN: I'll have a couple remarks.
CHAIRMAN COYLE: Well, you have to have a picture taken
first, then we'll get your fingerprints.
(Applause.)
MR. AHEARN: Hello. My name is George Ahearn. I'm
chairman of the SCORE chapter here in Naples.
On behalf, of course, of the chapter, Commissioners, I want to
thank you so much for continuing to recognize and support us for all
of the work we do in Collier.
You know, in the long run, all that a SCORE chapter is is the
reflection of the community it works in. And the amount of support
and encouragement we get, not only from the commissioners but we
get from our great chamber, headed by Mike Reagen and all the
Alliance partners we have, that motivates us to do more of the things
that we do for this community, and that keeps us, our performance, in
the top 1 percent of all of the SCORE chapters in the nation.
So we're one of the top chapters, and we're very proud of that.
But thanks to you to keep us motivated. We appreciate that.
Page 10
June 26, 2012
Also, in view of what you're going discuss, I think at 2 o'clock
this afternoon, the new Department of Business and Economic
Development -- is that right? It's going to be on your agenda at two
this afternoon, Leo -- that the County Manager's going to present, you
know, we support that proposal 100 percent. And, of course, we're
going to use all our resources and efforts to try and make it a success.
And Leo, we're going to try to align our strategic plan along with
what your new department will have in the coming year going ahead.
Other than accolades that Jim so aptly put on the proclamation,
there's a lot of things about SCORE that maybe many of you don't
know other than the blocking and tackling we do in counseling and
education.
We do a lot of things in addition to that and, of course, as a
member of the partnership that -- for the future of our Collier economy
that Mike Reagen put together, we are a member of that group, and we
work very hard trying to help with business development in the
county.
In the last 12 months alone, the SCORE chapter here, our
volunteers, have donated just short of 12,000 hours in the last 12
months in counseling, educating, and working within the community
for business development and jobs, creation of jobs.
We handle -- I think you'll be surprised. We handle about 200
cases a month of people who come to us for counseling as well as
face -to -face and online counseling, and more than 1,000 people in the
last year have attended our workshops.
So we are very active in this community and -- even though the
number of business units here are not as large as some of the bigger
counties in Florida.
In fact, a recent 2011 Gallop survey run last year by Gallop about
SCORE in general -- this is some interesting data you'll see. In the
State of Florida alone SCORE assisted in the startup of about 3,342
new Florida businesses and creation of about 5,200 new jobs in
Page 11
June 26, 2012
Florida for last year alone.
If you look on the national scale, SCORE continues to be
probably the most cost effective job generation machine, I like to call
it, in the country, and I think that might be a surprise to a lot of you.
But it's the cost -- I think a real compelling statistic is what it
costs SCORE to generate jobs and new businesses. The cost to
generate a single business is only about $173 per business. To
generate a single job is merely $104, and that's a pretty compelling
cheap way to create new businesses and jobs.
Another interesting statistic is that for every federal dollar that's
appropriated to SCORE -- and it's not much because we're not really
part of the Small Business Administration -- SCORE clients return
$57 back to the federal treasury for every one dollar.
So I see where Leo might want to hear this. But I looked at his
new budget for 400,000 and I said, well, Leo, if you can get that kind
of return, that would mean that you'd get $22.8 million for that
$400,000, and that's the record of SCORE, the return, and that is a
fantastic return for any kind of government program, believe me.
So I just want to conclude by saying thank you so much for
recognizing us. We're going to continue this level of performance
going forward.
And you want to say something, Jim?
COMMISSIONER COLETTA: Yes, if I may, sir. I know you're
familiar with my story, but --
MR. AHEARN: Right.
COMMISSIONER COLETTA: -- a lot of other people aren't.
My first business venture would not have been the success that it
was some 45 years ago if it wasn't for the assistance I received from
SCORE. I am a firm believer in the values of the SCORE program
which promote business growth in Collier County through
face -to -face counseling. It's a tremendous program.
I want to add I don't want to miss an opportunity to recognize the
Page 12
June 26, 2012
efforts of SCORE, and myself with the Tax Collector's Office --
MR. AHEARN: Yes.
COMMISSIONER COLETTA: -- and the -- our annual program
that we have where we do it without any funds from this commission.
It's all money donated from the public where cards are printed up, that
tell about the advantage of working with SCORE, the fact that it's free.
And these informational pamphlets are inserted into the business
license that go to every business in Collier County. And it has been an
amazing venture in the fact that it's brought in hundreds and hundreds
of people who were in dire straits and needed assistance --
MR. AHEARN: Right.
COMMISSIONER COLETTA: -- and couldn't afford that
assistance through normal means.
And I know whenever these mailings have gone out, they've
produced a tremendous outpouring of calls coming into the office for
all sorts of assistance.
MR. AHEARN: Right.
COMMISSIONER COLETTA: And I commend you and the tax
collector for working together to be able to make this happen.
MR. AHEARN: Thank you, particularly commissioner Coletta,
for the work you do there. Jim is on our leadership council with a
number of other major leaders of the community, along with Professor
Timur who did a comparative study as well, and he's getting a lot of
propaganda, I see, from SCORE to help promote the things we do.
So thanks again for the recognition. Appreciate it.
CHAIRMAN COYLE: Commissioner Fiala has comments, too.
COMMISSIONER FIALA: Just a simple request, please.
MR. AHEARN: Sure.
COMMISSIONER FIALA: Could you give me a copy of those
figures that you just read to us.
MR. AHEARN: Yes.
COMMISSIONER FIALA: And give another one to Leo --
Page 13
June 26, 2012
MR. AHEARN: Okay.
COMMISSIONER FIALA: -- for his economic department.
MR. AHEARN: Be glad to do that; be glad to do that.
COMMISSIONER FIALA: Thank you.
MR. AHEARN: All right. Thanks.
(Applause.)
Item #4D
PROCLAMATION DESIGNATING JULY, 2012 AS "BLADDER
C ANTrFR AWARF,NFSSN MONTH IN COLLIER COUNTY ".
ACCEPTED BY CARLA L. DEAN, PRESIDENT, BLADDER
CANCER FOUNDATION OF FLORIDA, INC. SPONSORED BY
COMMISSIONER COYLE — ADOPTED
MR. OCHS: Commissioners, Item 4D is a proclamation
designating July 2012 as Bladder Cancer Awareness Month in Collier
County. To be accepted by Carla L. Dean, president, Bladder Cancer
Foundation of Florida, Incorporated, and James Dean, Jr., treasurer.
Please come on forward.
(Applause.)
MS. DEAN: Thank you.
(Applause.)
CHAIRMAN COYLE: Thank you. And Jim Dean is going to
make some comments.
MR. DEAN: Yeah. We thought we'd double -team you this
morning.
CHAIRMAN COYLE: That's all right. It's a good cause.
MR. DEAN: Thank you very much. I appreciate this
proclamation, Chairman Coyle, the County Commissioners. I'd like to
also express a special gratitude to a couple of friends that assisted us,
and that's Kathleen Passidomo and Garrett Richter, in doing a joint
Page 14
June 26, 2012
resolution with the Florida Legislature declaring Florida Bladder
Awareness Month for July 2012. My kudos go out to them.
Doggedly, my wife wouldn't accept that, so she went to
Tallahassee, and she went to every office in the capitol and thanked
every one of the representatives and senators for this joint resolution
and their 100 percent vote on that resolution.
The proclamation you have in front of you tells you some main
points about bladder cancer; however, research has produced some of
the interesting facts. In Florida it's the third highest incidence of
bladder cancer. In Florida we hold the record of second in the nation
of bladder cancer deaths.
The solution to this problem is education to create awareness of
the early signs and symptoms plus encouraging proactive action by
patients and their primary care doctors.
Here's a quick story, if I may, that shows the importance of early
detection. My wife and I have a friend on the east coast. His name's
Ed. Before bladder cancer, we didn't know each other; however, Ed
and I shared a similar path. We were both field artillery officers and
we attended officer candidate school at the same time.
I graduated a couple of months ahead of him, so I had time and
grade, obviously. So he knows his place. There's a few people in this
room who know what that's all about, and I'll let it stand there.
We both served in Vietnam for 19 months. He was with the 9th
Infantry Division and I was with the 199th. It turns out that our units
were very close working in the areas of operation.
I have another friend in Oklahoma City that is a seven -year
cancer survivor. He was with the 9th Division, but he was a pilot and
flew with them and has about 6,000 combat hours under his belt.
Ed's path to bladder cancer was early detection. And in receiving
proactive treatment at an early stage, he is not cured but cancer free
for the time being.
My story was very different from Ed's. I had no symptoms until
Page 15
June 26, 2012
July 2010 when I showed a great deal of blood. I immediately went to
the doctor, and after a few hours of tests, I was sent to a urologist for
an exam. When the exam was finished, the urologist told me I had
bladder cancer but he couldn't tell how bad it was without a more
thorough exam and biopsy. After the biopsy that weekend, I was told
that I had Stage 4 cancer, bladder cancer, and that it had spread and
that it had departed the bladder and gone to other organs in the body.
And they -- just about as bad as could be.
I was also told unless I had radical surgery I was most likely not
going to live long. My surgery at Naples Community Hospital,
performed by Dr. David Ornstein and Kendall Wise, lasted
nine - and -a -half hours. I spent nine days in the hospital and recovered
for about a month before I started six months of chemo.
Once I completed chemo, I had CT scans done every three
months to make sure the cancer hadn't returned.
In the 15 -month point, my oncologist, Dr. Joel Grossman,
decided to extend that to every six months. I am a survivor but live
with the uncertainty that it will return. And with this cancer, there's an
80 percent chance it will return in some other organ in my body.
My case is not unusual, and it is repeated thousands of times in
this country. This is an extremely aggressive cancer. Bladder cancer
is the fifth most common cancer, the highest in long -term cost. To
date I'm probably into it about a half million dollars, and each month
we spend approximately $1,000 just on supplies alone.
It ranks 19th in research dollars, though. This is why we have
formed the Bladder Cancer Foundation of Florida, a nonprofit
foundation to help awareness and hopefully raise funds to put towards
research. We face an appeal fight against public attention and /or
awareness.
A recent example to that was that we were going to try to hold a
bladder cancer walk. And July's pretty warm here in Southwest
Florida. So, logically, we thought, well, maybe Coastland Mall would
Page 16
June 26, 2012
be a place to hold this walk. We approached them. Much to our
surprise; we have to consider what we expose our customers to and we
do not want to expose them to "that," emphasis on that. So we're not
going to give you permission to use the mall.
I mean, lives are going to be lost because lack of awareness of
this disease simply because people don't want to talk about anything
below the belt.
Commissioner Coyle, do you know 27 men?
CHAIRMAN COYLE: Yeah.
MR. DEAN: Well, one of them statistically is going to have
bladder cancer, and that could be you also.
Ladies, you know 27 women? Statistically, you'd have to have --
know at least two- and -a -half times that 27 in order to have one bladder
cancer. And, of course, that could be you also, everybody around here.
I just want to leave you with a -- just a closing note that this is an
assiduous disease, it needs to be addressed, and you need to be
conscious. Because ladies have a different plumbing system than the
men do, they're more apt to have bladder infections. Men, if a doctor
tells you you have a bladder infection, get over to a urologist and get
an exam, because men, historically, do not get bladder cancer (sic)
very often.
It can sit there and do absolutely nothing but grow, and you won't
know it until it's too late. And when I say it's too late, it can be a one
stepper. I have friends that have come to me who've had relatives that
-- literally, they were diagnosed, and in two months they were dead.
That's how serious it is.
Thank you very much once again.
CHAIRMAN COYLE: Thank you, Jim.
(Applause.)
CHAIRMAN COYLE: Best wishes to you and Carla. And thank
you for the good work you're doing.
MS. DEAN: Thank you.
Page 17
June 26, 2012
MR. DEAN: We were going to bring you some bladder cancer
pins, but we're told that that might corrupt the elected officials. But as
a treasurer of the Bladder Cancer Awareness Foundation, I would be
happy to sell you one of these pins for $100 apiece. We need funds.
CHAIRMAN COYLE: That's great, Jim. Thank you.
Okay. Is there a motion to approve the proclamations?
COMMISSIONER COLETTA: Motion is made.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Motion to approve the proclamations by
Commissioner Coletta, second by Commissioner Fiala.
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 proclamations are approved
unanimously.
MR. OCHS : Thank you.
CHAIRMAN COYLE: That brings us to presentations, County
Manager.
Item #5A
PRESENTATION BY TRICIA DORN, KEY ACCOUNT
EXECUTIVE FOR LCEC (LEE COUNTY ELECTRIC
COOPERATIVE), PRESENTING AN EQUITY PAYOUT OF
$145311.01 TO THE BOARD OF COUNTY COMMISSIONERS —
PRESENTED
Page 18
June 26, 2012
MR. OCHS: Yes, sir. Item 5A is a presentation by Tricia Dorn,
key account executive of Lee County Electric Cooperative,
representing an equity payout of $14,311.01 to the Board of County
Commissioners.
Ms. Dorn, good morning.
MS. DORN: Thank you, Leo. Good morning. Tricia Dorn with
Lee County Electric.
We're a not - for - profit electric utility serving approximately
45,000 customers in Collier County. And today I'm here with good
news. The LCEC Board of Trustees agreed to another payout again
this year to our members.
Over the years we have paid out about $191 million in equity to
our members, and today -- this year we approved $13 million. This is
in addition to no rate increases over the past four years.
And today I'm here to present to you, as Leo said, with a check,
in the amount of $14,311.01. Thank you.
CHAIRMAN COYLE: Thank you.
(Applause.)
MS. DORN: I'll give the check to Crystal.
CHAIRMAN COYLE: I'm not going to applaud now.
COMMISSIONER COLETTA: Goodbye, check.
MS. DORN: Thank you.
CHAIRMAN COYLE: Thank you very much.
COMMISSIONER COLETTA: Thank you.
MR. OCHS: Thank you, Tricia.
(Applause.)
CHAIRMAN COYLE: Those are the kinds of presentations we
enjoy here.
MR. OCHS: Yes, sir. Keep them coming, huh?
CHAIRMAN COYLE: Yeah, with money.
MR. OCHS: Exactly.
Page 19
June 26, 2012
Item #6A
PUBLIC PETITION REQUEST FROM MS. LESVIA MARTINEZ
REGARDING A TRAFFIC LIGHT AND CROSSING LANES AT
THE INTERSECTION OF LAKE TRAFFORD ROAD AND
NORTH 19TH STREET IN IMMOKALEE — PRESENTED BY
ANDREA LUIS — MOTION TO BRING BACK WITH A STAFF
REPORT AT EARLIEST POSSIBLE DATE — APPROVED
Commissioners, that takes us to Item 6 on your agenda this
morning, public petitions. Item 6A is a public petition request from
Ms. Lesvia Martinez regarding a traffic light and crossing lanes at the
intersection of Lake Trafford Road and North 19th Street in
Immokalee.
Mr. Chairman, I'm not sure that Ms. Martinez is here, but Ms.
Andrea Luis is here. And she was the original petitioner and then
didn't think she'd be able to make it, so they substituted Ms. Martinez.
I think now we're back to Ms. Luis, if the chair would like to hear the
petition.
CHAIRMAN COYLE: Yep. That's fine. Let's proceed.
Welcome; good morning.
MS. LUIS: Good morning. Good morning, Commissioners.
CHAIRMAN COYLE: Could you pull that microphone down a
little closer for you. There you go. Good.
MS. LUIS: My name is Andrea. I come from Immokalee. And
like you heard, we're petitioning for a streetlight. We would like it
before any accidents happen there. I believe we've had some already.
And the reason for our request is because there has been at least from
seven to 10 subdivisions being built all on Lake Trafford Road, and
that's like at least 300 cars coming out of every housing (sic) that has
been built. You know, I'm not talking about every house; every
housing authorities. And so that's why we are petitioning.
Page 20
June 26, 2012
Plus, the corner right there has three businesses, one on each side,
so that makes it real difficult for the people, which is myself, that live
on that street for us to get out you know, and get into Lake Trafford
Road and get out of our businesses. It -- I mean, you have to sit there
and count cars, actually count cars -- I have done it -- from seven to 15
before you can cross the street and you know, get on your way.
So that's why we have this petition.
CHAIRMAN COYLE: Okay. Thank you very much.
Commissioner Coletta?
COMMISSIONER COLETTA: Yes. And I thank you so much.
This petition was originally presented to me back in Immokalee
about a month or so ago, month and a half ago. And I requested --
excuse me -- that they bring it forward to the commission under public
petition so you could all hear what had to be said. But also, too, it
gives us the ability here with the commissioners all seated to be able
to bring this back for a full hearing, and I do think it deserves some
consideration because of the circumstances that prevail here, and we
don't have all the answers. We know that there's a safety and health
risk. We don't know the magnitude of it. So I'm making a motion that
we bring this back for a full hearing.
CHAIRMAN COYLE: Okay. Motion by Commissioner Coletta
to bring it back for a full hearing. Second by?
COMMISSIONER FIALA: I'll second.
CHAIRMAN COYLE: Commissioner Fiala.
Commissioner Henning, you have a comment?
COMMISSIONER HENNING: Yeah. Can we just direct staff
to do a warrant study for a traffic light before they bring it back?
COMMISSIONER FIALA: I would think that's important.
COMMISSIONER COLETTA: I would make that part of the
motion that we bring it back with a warrant study all ready to go.
COMMISSIONER HENNING: Yeah. That's great. I can really
support that.
Page 21
June 26, 2012
COMMISSIONER COLETTA: Thank you, Commissioner
Henning. That's a great idea.
CHAIRMAN COYLE: All in favor of the motion, 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: Your petition is approved. We'll bring it
back for a final decision by the Board of County Commissioners at the
earliest possible date.
MS. LUIS: Okay, thank you.
CHAIRMAN COYLE: Thank you for being here.
MS. LUIS: Thank you, everybody. And thank you, everybody
here. Bye.
COMMISSIONER HENNING: Thank you.
Item #6B
PUBLIC PETITION REQUEST FROM RICHARD ROGAN
REQUESTING ADVANCED STREET SIGNS ON CR951, IN
ADVANCE OF NAPLES HERITAGE DRIVE — MOTION FOR
STAFF TO WORK WITH PETITIONER ON REQUIREMENTS
TO HAVE SIGNS ERECTED; BCC EXERCISED WAIVER OF
STREET SIGN GUIDELINES AND APPROVED ITEM WITH
APPROPRTATE PERMITS — APPROVED
MR. OCHS: Commissioners, Item 613 is a public petition request
from Richard Rogan requesting advance street sign -- street signs,
Page 22
June 26, 2012
excuse me, on County Road 951 -- that's Collier Boulevard -- in
advance of Naples Heritage Drive.
Good morning, sir.
MR. ROGAN: Thank you, sir. Good morning.
My name is Richard Rogan. I'm the vice president of the Naples
Heritage Homeowner's Association. I'm here today with Patrick
Dorbad, the general manager of our club. And we're here to request
approval for the installation of advance street signs at the entrance to
our community off of Collier Boulevard.
There are two entrances to Naples Heritage; one off Collier
Boulevard and the other off Davis Boulevard. Many of our residents
experience difficulty negotiating the turn into our community off of
Collier Boulevard onto Naples Heritage Drive.
While we have not yet had an incident, we're convinced that we
have an accident waiting to happen. And this is about to become more
critical now that the widening of Davis Boulevard in front of our main
gate is getting underway.
We anticipate more residents will be using the entrance on
Collier Boulevard to avoid the construction, which we expect will take
about 18 to 24 months.
In April 2010 we made a request of the Department of
Transportation and Engineering that advance street signs be installed
both northbound and southbound on Collier Boulevard identifying
Naples Heritage Drive. Our understanding of the guidelines contained
in the Traffic Engineering Manual, Paragraph 2.37.6 -- a copy of
which was attached to our request to speak today -- required that a
dedicated left -turn lane be present and that the speed limit on the
major road be not less than 45 miles per hour. Both of those
conditions are present.
In addition, the number of advance street signs in place at
non - signalized intersections on Rattlesnake Hammock, Livingston,
and other locations around Naples would indicate that our request was
Page 23
June 26, 2012
consistent with current practices. In fact, we also received some
verbal encouragement that our request was appropriate.
We were advised that a new guideline was under development
and that there would be some delay. The drafts that we have seen
since incorporate the requirement of an average daily vehicle count of
2,000 on the minor roadway, or that it serves as a single access to a
resident -- residential development with a minimum of 600 homes.
Acknowledging that we do not meet either of these new
requirements but also not having beneficially turned -- been officially
turned down, we decided to come before the Commission to request
an exemption from what we thought were new guidelines. As I said
earlier, the upcoming construction on Davis Boulevard has added to
our anxiety.
Since having been placed on today's agenda we have learned that
the new guidelines -- excuse me -- have not been put in place yet and
are, indeed, scheduled to be approved by this Commission today.
In the past two weeks we've been contacted twice with the
suggestion that we withdraw our request to speak today and file a
request for consideration after the new guidelines are approved.
Quite frankly, nothing seems to have happened in the last 26
months. Giving up an opportunity to speak today just doesn't feel
good.
We think our patience has earned us some sort of consideration.
If establishing new guidelines can wait 26 months, it's apparent there
is little demand for what we're asking. Surely making an exception
from whatever rules or guidelines now apply is not likely to create an
avalanche of similar requests.
Can we just have a couple of signs?
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: Thank you. The -- after seeing
this on the agenda, this weekend I drove down Collier Boulevard at
night to the north, and, because of the lighting there, it is very difficult
Page 24
June 26, 2012
to recognize that community entrance.
Now, on 16A16, the board just passed a variance from
requirements requesting communities with a waiver. To me, this is a
waiver. So why don't we just recognize it as a waiver and move on?
So I'll make that motion.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Okay. Commissioner Henning makes a
motion to, essentially, to approve your petition. Commissioner Fiala
seconds it.
Any comments by Commissioners? Any comments by staff?
MR. OCHS: Commissioner, my only comment is that staff has
been in communication with Mr. Rogan. We're supportive of what
they want to do. The waiver provision that Commissioner Henning
cited is, in fact, the mechanism that we would ask the board to use to
allow us to move forward to complete this project and get the signs up.
We were going to bring it back as a consent item at your next --
at your next board meeting in July, but if you want to expedite that
this morning, we're happy to do that.
CHAIRMAN COYLE: Well, is there anything that is not being
done by this particular motion that would be -- would prevent staff
from issuing the permission for the sign?
MR. OCHS: No, sir. I think the motion was to exercise the
waiver provision in your street guidelines -- street -sign guideline, and
that's all we need to move forward with this.
CHAIRMAN COYLE: Well, I think it was more than that. It
was that this is the waiver. We approve it.
MR. OCHS: Yes, yes.
CHAIRMAN COYLE: Okay. Now, is there anything else that
you need though, under the regulatory guidelines?
MR. OCHS: No, no.
CHAIRMAN COYLE: Okay. So, essentially, our affirmative
vote this morning will result in the sign being provided to this
Page 25
June 26, 2012
community?
MR. OCHS: I'm going to look at Mr. Ahmad for a minute and
just make sure.
MR. AHMAD: That's all we need, Mr. Chairman; your approval
today of a waiver. They would have to come for an encroachment
permit, a permit to install the signs so we have records of these signs
also.
CHAIRMAN COYLE: Is there a fee for that?
MR. AHMAD: I believe three is a fee for a right -of -way
permitting process and, of course, there's a cost to install the signs.
Per the guidelines that you approved, they are responsible for the cost
of installing these signs.
CHAIRMAN COYLE: Okay.
MR. ROGAN: That's fine. We're in agreement.
CHAIRMAN COYLE: Commissioner Henning, would it --
yeah, the petitioner seems to agree with that.
Commissioner Henning, would it be okay if your motion were
also to say that it should be issued in accordance with our current
variance process.
COMMISSIONER HENNING: Fee process.
CHAIRMAN COYLE: Okay. Very well.
All in favor of the motion, 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, and you're going
to get your sign.
MR. ROGAN: Great, that's great. I have a question. Is there
Page 26
June 26, 2012
now an action we need to take? You mentioned a permit. Is there a
form?
MR. OCHS: Sir, we'll get with you offline, Mr. Ahmad, and
make sure you have everything you need.
MR. ROGAN: Thank you all; thank you all very much.
MR. OCHS: You're welcome.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS
Commissioner that moves you to Item 7 on your agenda this
morning. It's public comments on general topics.
MR. MITCHELL: Sir, we've just one speaker. That's Steve
Holmes.
CHAIRMAN COYLE: Good morning.
MR. HOLMES: Good morning, Commissioners. I'm Steve
Holmes, the executive director for the Commission for Transportation
Disadvantaged. I was in front of you a couple months ago when we
were talking about Medicaid transportation. I'm here to report to you
today that the Medical Transportation Management Company, MTM,
will be providing your Medicaid — non - emergency Medicaid
transportation beginning Friday, July 1 st.
Your staff have been conducting a transition with MTM, and that
has been going very well. And I just wanted to say thank you for the
staff and the work, and we were able to get a Medicaid transportation
provider here in Collier County.
And just three things to be aware of, because you may hear these
from constituents, because as MTM begins to try to work within the
budget that they have, you may hear a couple things, one thing being
out -of- county transportation will move from five days a week, which
Collier County was providing, to three days a week. They will still be
Page 27
June 26, 2012
able to provide their transportation. It will just be now on a -- three
days per week instead of five days per week.
Another item will be MTM will be working with the Medicaid
providers and with the doctors to see if the recipients could provide or
could receive their medical treatment at a closer facility. So they'll be
working with the constituents for that.
Two programs that MTM will be bringing to Collier County, one
will be a mileage reimbursement program. So if you have somebody
who does not have access to transportation but has a friend or
somebody willing to drive them, MTM will reimburse them for the
mileage. So that's one program they're going to be bringing into
Collier County.
And the other one is a bus pass program. They're working with
CAT and everybody in Collier County on the transportation side to
implement a bus pass program where Medicaid recipients will be
receiving a discount on their transportation.
So with that, Commissioners, I want to thank you, and I
appreciate the challenge you provided to me a few months ago, and
thank goodness to MTM for stepping up. And we will be working
with you and with them to ensure this transition continues to move
smoothly in the next few months.
But I wanted to mention the constituent constraints you may see.
But we do have somebody in place for you beginning the 1 st of July.
CHAIRMAN COYLE: Thank you very much for the update.
MR. HOLMES: Thank you.
CHAIRMAN COYLE: Thanks for being here.
MR. MITCHELL: Sir, you have no other speakers.
CHAIRMAN COYLE: Okay.
Item # l OA
RESOLUTION 2012 -122: APPOINTING COMMISSIONER
June 26, 2012
COLETTA AND COMMISSIONER FIALA TO THE VALUE
ADJUSTMENT BOARD WITH REMAINING COMMISSIONERS
SERVING AS ALTERNATES — ADOPTED
MR. OCHS: Commissioners, that takes us to Item l0A on your
agenda this morning. It's Board of County Commissioners, A -- l0A
is an appointment of two Collier County Commissioners to the Value
Adjustment Board with three Collier County Commissioners as
alternates.
CHAIRMAN COYLE: Who wants to be the two active
members?
COMMISSIONER COLETTA: I've done it for 10 out of 12
years, and I'll be happy to do it again.
COMMISSIONER FIALA: I'll do it also.
CHAIRMAN COYLE: Okay. We've got two volunteers, ladies
and gentlemen. I make a motion we appoint Commissioner Coletta
and Commissioner Fiala as the primary members and appoint the rest
of us as alternates.
Anybody have objection to that?
(No response.)
CHAIRMAN COYLE: Is there a second?
COMMISSIONER HENNING: Second.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Okay. Second by Commissioner
Henning.
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.
Page 29
(No response.)
CHAIRMAN COYLE:
Item #I OB
It is done. Thank you.
June 26, 2012
REQUEST BY THE HISPANIC AFFAIRS ADVISORY BOARD
TO HAVE THE BOARD OF COUNTY COMMISSIONERS
DECLARE A SEAT VACANT ON THE HISPANIC AFFAIRS
ADVISORY BOARD — APPROVED
MR. OCHS: Item IOB is a request from the Hispanic Affairs
Advisory Board to have the Board of County Commissioners declare a
seat vacant on the Hispanic Affairs Advisory Board.
CHAIRMAN COYLE: Motion to approve.
COMMISSIONER HENNING: Second.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Okay. Motion to approve by me, second
by Commissioner Henning.
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: Then it is done.
MR. OCHS: IOC is the announcement of advisory board
vacancies and the press release dated June 19, 2012.
MR. MITCHELL: Could we just delay that till later, please?
Sorry.
CHAIRMAN COYLE: We won't ask for an explanation, but
Page 30
June 26, 2012
that's right. We can do it later.
What can we get done in less than 13 minutes, County Manager?
Item 41 I E
RECOMMENDATION TO AWARD BID NO. #11 -5781, " NCWRF
EFFLUENT FILTER SET 1 REHABILITATION PROJECT", TO
DOUGLAS N. HIGGINS, INC. IN THE AMOUNT OF $19563,000
FOR PROJECT NO. 73968, THE NORTH COUNTY WATER
RECLAMATION FACILITY TECHNICAL SUPPORT PROJECT;
AND AUTHORIZE A BUDGET AMENDMENT IN THE
AMOUNT OF $1,100,000 FROM PROJECT NO. 70050, MASTER
PUMP STATION TECHNICAL SUPPORT, TO PROJECT NO.
73968 NCWRF TECHNICAL SUPPORT PROJECT — APPROVED
MR. OCHS : Yes, sir. I believe you can do Item 11 E on your
agenda this morning, Commissioners. It's a recommendation to award
Bid No. 11 -5781, North County Water Reclamation Facility Effluent
Filter Set 1 Rehabilitation Project, that award to Douglas Higgins,
Incorporated, in the amount of $1,563,000.
And Mr. Craig Paj er, your public utilities principal project
manager, will present.
CHAIRMAN COYLE: Okay.
MR. PAJER: Good morning, Commissioners. For the record,
my name is Craig Pajer, principal project manager with planning and
project management in the public utilities division.
I have a brief presentation for you. I can -- or I can answer any
questions that you may have at this time, depending upon your
preference.
CHAIRMAN COYLE: Do the Commissioners have any
questions?
COMMISSIONER COLETTA: Motion to approve.
Page 31
June 26, 2012
CHAIRMAN COYLE: Okay. Motion to approve by
Commissioner Coletta.
COMMISSIONER HENNING: Second.
CHAIRMAN COYLE: Second by Commissioner Henning.
All in favor, please signify by saying aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed by like sign.
(No response.)
CHAIRMAN COYLE: The motion passes 4 -0.
MR. OCHS: 4 -0. Thank you, sir.
MR. PAJER: Thank you.
CHAIRMAN COYLE: Thank you very much.
MR. MITCHELL: Sir, I could do the press release now.
CHAIRMAN COYLE: Can you get it done in less than 12
minutes?
MR. MITCHELL: You better believe it.
CHAIRMAN COYLE: Okay. Very well, go ahead.
Item #10C
ADVISORY BOARD VACANCIES, PRESS RELEASE DATED
JUNE 195 2012 — READ INTO RECORD BY IAN MITCHELL,
EXECUTIVE MANAGER TO THE BCC
MR. MITCHELL: The Affordable Housing Advisory
Committee has two vacancies for four members and one vacancy for
an alternate; the Bayshore Gateway Triangle Local Redevelopment
Advisory Board has one vacancy; the Collier County Productivity
Committee -- and this is a really important committee for the county --
Page 32
June 26, 2012
has three vacancies. The Board of Building Adjustments and Appeals
has two vacancies; and Golden Gate Estates Land Trust Committee
has one vacancy. And I would like to point out this: We've been
advertising this now for almost seven months.
The Hispanic Affairs Advisory Committee has three vacancies;
the Ochopee Fire Control District Advisory Committee has one
vacancy; and finally the Floodplain Management Planning Committee
has two vacancies, and this committee serves at the County Manager's
discretion.
Thank you.
CHAIRMAN COYLE: Okay, thank you.
What do you recommend at this point in time?
Item #14B2
RECOMMENDATION THE COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY (CRA) REVIEW CRA STAFF
RECOMMENDATIONS CONCERNING BAYSHORE GATEWAY
TRIANGLE CRA TAX INCREMENT FUND (TIF) GRANT
PROGRAMS FOR THE REMAINDER OF FISCAL YEAR 2012
AND PROVIDE DIRECTION AS DETERMINED BY THE
BOARD — MOTION TO SUSPEND ANY GRANT AWARD THAT
COMES FORWARD FOR APPROVAL UNTIL THE END OF THE
FISCAL YEAR WITH THE EXCEPTION OF TODAY'S ITEMS —
APPROVED
MR. OCHS: Sir, I recommend that we go to Item 14B2 on your
agenda this morning. It's a recommendation that the Collier County
Community Redevelopment Agency review CRA staff
recommendations concerning Bayshore /Gateway Triangle CRA Tax
Increment Fund Grant programs for the remainder of Fiscal Year 2012
and provide direction as determined by the Board.
Page 33
June 26, 2012
You would be acting as the CRA, I believe.
CHAIRMAN COYLE: Okay. I'll turn the gavel over to
Commissioner Fiala. You want to call the CRA Board to order?
CHAIRMAN FIALA: The CRA Board is now in order.
COMMISSIONER COYLE: Okay.
MR. JACKSON: Good morning, Commissioners. David
Jackson, executive director of the Bayshore /Gateway Triangle
Redevelopment Agency.
The item before you is 14132. We came to you in February and
we also came to you back in May to talk about the grant programs.
You also gave us direction to return in 90 days, and we are at the
90 -day period of looking at these grants after reviewing our budget for
FY2013.
Our recommendation here is for you, as the board, to cease all
grants for the rest of this fiscal year while we go and look at the other
grant programs and retool them and bring them back to you in
September, and then we will roll over the remaining funds from Fiscal
Year ' 12 to Fiscal Year ' 13 and put that into the budget. And we've
done that already.
So I'm looking for a motion for you to approve putting a hold or a
stop on all CRA grants. This does not include the Fifth Third grant for
residential improvements, which is not CRA funds.
CHAIRMAN FIALA: Commissioners, any questions, or may I
hear a motion?
Oh, Commissioner Hiller.
COMMISSIONER HILLER: Yeah. I agree that we have to
suspend all the grants through the end of the year. My concern is that
on today's agenda we have a number of grants that are coming forward
for approval, and I think that those should be suspended as well and
that they should not be approved in light of your recommendation.
CHAIRMAN FIALA: Aren't they the --
MR. JACKSON: That's too late, Commissioner. You've already
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June 26, 2012
approved them, the grants on today's agenda. The following agenda
item here that -- if we go into 14B3, we can talk about it. It was
pulled because there was a typographical error.
COMMISSIONER HILLER: Well, we haven't approved them
yet. I mean, there's -- the ones on consent?
MR. OCHS: Yes, ma'am. When you --
COMMISSIONER HILLER: Well, I think there's a real
problem, because there's a conflict between approving those and this
proposal that we're making here right now. I mean, I don't see how we
can, you know, approve these and at the same time say that, you
know, there won't be any further grant approvals.
MR. JACKSON: Well, Commissioner, if you look in
considerations, if you read the executive summary -- and I'll read this
portion to you. In considerations, Paragraph 2, to date, including the
July 26, 2012, agreements that are on the agenda today, there will be
approximately $37,537 to roll over.
COMMISSIONER HILLER: I understand. There's -- that's very
clear. It doesn't eliminate the fact that the policy should be that we
should not be approving any further grants. And, you know, we are in
major financial difficulties. The bank is not extending the terms of the
loan. We don't have funds to repay the loan. And, you know, we're
sitting here approving grants when we have a debt obligation that we
can't meet. It's just fiscally irresponsible.
So the policy going forward not to issue any grants is certainly a
prudent one, and I support it, and I'll make a motion to approve it
without the inclusion of the grants that are being brought forward
today.
COMMISSIONER COYLE: Well, that doesn't --
MR. JACKSON: Chairman Fiala, I'm really confused with her
statement, because the consent agenda has already been approved.
MR. KLATZKOW: David, David.
MR. JACKSON: And so --
Page 35
June 26, 2012
MR. KLATZKOW: I understand Commissioner Hiller's
position. That would require a motion to reconsider.
MR.00HS: Right.
MR. KLATZKOW: We could then pull what has already been
approved on the consent agenda back on the regular agenda, and you
can discuss it. So I suggest you really, bifurcate your motion ma'am --
COMMISSIONER HILLER: I'll do that.
MR. KLATZKOW: -- to this item, then a reconsideration.
COMMISSIONER HILLER: I'll bifurcate it.
COMMISSIONER COYLE: You have a motion already, don't
you?
COMMISSIONER HILLER: I'm going to --
COMMISSIONER COYLE: You didn't have a motion.
COMMISSIONER HILLER: No, I don't think a motion was
made. I'm making a motion that we approve the suspension of all
grants through the end of the year, and then I will make a second
motion to bring back the items that were approved on consent.
CHAIRMAN FIALA: Well, let's take one motion at a time.
COMMISSIONER HILLER: Sure.
CHAIRMAN FIALA: Okay. Motion to approve this item. And
you said to the end of the year. You mean to the end of the fiscal
year?
COMMISSIONER HILLER: Uh -huh, that's going through --
CHAIRMAN FIALA: Okay. To the end of this --
COMMISSIONER HILLER: -- through September.
CHAIRMAN FIALA: -- fiscal year?
COMMISSIONER HILLER: Right. And then in September
we're going to reconsider what needs to be done.
CHAIRMAN FIALA: Right. Do I hear a second to that motion?
COMMISSIONER HENNING: Second.
CHAIRMAN FIALA: Okay. I have a second to the motion.
And let me just state for everybody's understanding, the motion is to
Page 36
June 26, 2012
approve Item No. -- what is that -- 14B2 to suspend any further grants
that -- from the CRA until the new fiscal year, till the end of this fiscal
year.
MR. OCHS: With the one noted exception of Fifth Third Bank.
COMMISSIONER HILLER: Right.
CHAIRMAN FIALA: Yes, except -- thank you very much, Leo.
MR. OCHS: Yes, ma'am.
CHAIRMAN FIALA: Okay. We have a motion and a second.
Any further discussion?
MR. JACKSON: I have one question, Commissioner. The
follow -on item that is a grant -- depending on what your next motion
will be, I would like for the follow -on item to not be included in the
suspension of the grants, because this was originally on the consent
agenda and brought forward. This is for an impact -fee grant to build a
house.
MR. KLATZKOW: That's separate.
COMMISSIONER HENNING: That's a separate item, David.
MR. KLATZKOW: Separate item.
MR. JACKSON: Correct.
COMMISSIONER HENNING: It's not a part of this motion.
MR. JACKSON: All right. Well, we'll see what happens.
CHAIRMAN FIALA: All right. So it's not a part of this motion.
MR. OCHS: Correct.
CHAIRMAN FIALA: Just to clarify it.
MR. OCHS: Correct.
CHAIRMAN FIALA: Okay, fine. Thank you. That's a good
point, Commissioner Henning, so thank you for bringing that up.
COMMISSIONER COYLE: And I have a question, David.
MR. JACKSON: Yes, sir.
COMMISSIONER COYLE: Why did you recommend that we
proceed with the grants that are on the consent agenda rather than
suspending all of those? Do you have reasons for that?
Page 37
June 26, 2012
MR. JACKSON: Yes, sir. The first one is -- common sense and
logic is that these people have applied for these grants over the last
two months. They've been vetted through staff, through the advisory
board, and through the County Attorney's Office. They applied for
these grants while the program was in effect. And in good faith, they
should be -- in my opinion, be approved. There's ample funding for it.
I brought forward this item -- was to -- at the completion of the
grants that were on consent and the one following this, that there
would be 37 thousand dollars, five hundred -- $37,500 to roll over into
next year and suspend the grants for the rest of this period.
It is my opinion, as the executive director, that these people
applied in good faith while the programs were in effect, as approved
by the Board. And you said, in June you would come back -- now it's
June -- to review these. And my recommendation is to suspend all
further grants, if they come forward, after this date.
COMMISSIONER COYLE: Okay. And you feel that those
grants will then somehow benefit the community and the CRA?
MR. JACKSON: Yes, sir. Two of them are for businesses, and
one of them is to build a house.
COMMISSIONER COYLE: Okay.
MR. JACKSON: And with a house going on the tax rolls, we'll
increase the TIF. It's on a vacant parcel. The other two businesses are
businesses that are start -ups, and they're using the funds to improve
buildings and create jobs.
COMMISSIONER COYLE: Okay. Thank you.
CHAIRMAN FIALA: Okay. We have a motion and a second.
Any further discussion?
(No response.)
CHAIRMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
June 26, 2012
CHAIRMAN FIALA: Opposed, like sign?
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Okay. So that's a 3 -2, is that it? Okay.
MR. OCHS : Commissioner, one more item very quickly is
14B3.
COMMISSIONER COYLE: The motion failed, didn't it?
COMMISSIONER HENNING: No.
COMMISSIONER COYLE: Or did it not?
CHAIRMAN FIALA: No. You --
COMMISSIONER COLETTA: I voted against it.
CHAIRMAN FIALA: Commissioner Coletta voted against it;
Commissioner Coyle voted against it.
COMMISSIONER COYLE: Okay. And you -- how did you
vote?
CHAIRMAN FIALA: I voted for it.
COMMISSIONER COYLE: For the motion?
CHAIRMAN FIALA: The motion to -- and the motion is to
approve this item.
COMMISSIONER COYLE: Okay, okay.
CHAIRMAN FIALA: This item, right.
COMMISSIONER COYLE: Okay. Got it, yep.
CHAIRMAN FIALA: Okay. Everybody's got that straight?
COMMISSIONER COYLE: Yep.
CHAIRMAN FIALA: Okay. And that's -- and your motion, is
that -- is your vote against it still standing?
COMMISSIONER COYLE: Yes.
COMMISSIONER COLETTA: Excuse me, to approve this item
as -is or as it's been amended as far as this financial year, not allowing
any grants to go forward? I thought that was part of the motion.
CHAIRMAN FIALA: The motion -- the motion is exactly that.
The motion is to not issue any further grants, after today, till the end
Page 39
June 26, 2012
of the fiscal year.
COMMISSIONER COLETTA: Including the grants we've got
coming up for discussion in a little while?
CHAIRMAN FIALA: No, that's not a part of this motion.
COMMISSIONER COLETTA: Okay, fine. Then I can change
my vote in favor of it.
CHAIRMAN FIALA: Okay. Is that acceptable?
COMMISSIONER COYLE: I don't understand this, but that's
okay.
CHAIRMAN FIALA: Okay. Leo, you want to --
COMMISSIONER COYLE: It passed.
CHAIRMAN FIALA: Yeah, it passed, okay.
COMMISSIONER COYLE: It passed.
CHAIRMAN FIALA: So with a 4 -1 vote then.
MR. KLATZKOW: Okay.
CHAIRMAN FIALA: Okay. Very good. Okay. Next item. Do
we have -- oh no, we only have one minute left.
MR. OCHS: Ma'am, I thought we had a second item, or we
bifurcated that item. There was a second motion.
COMMISSIONER HILLER: And, actually, I'm going to make --
what I'm going to do is, rather than bring it back for reconsideration,
I'm going to change my vote on approving those items on consent, and
I'm going to vote no on them.
MR. KLATZKOW: Okay.
CHAIRMAN FIALA: Okay. So we still have a 3 -2 vote then,
right?
COMMISSIONER HILLER: No, this is a -- it's a separate issue.
MR. KLATZKOW: This item passed.
MR. OCHS: Separate issue.
COMMISSIONER HILLER: The separate issue is --
CHAIRMAN FIALA: Yes.
COMMISSIONER HILLER: -- the grants that are on consent --
June 26, 2012
CHAIRMAN FIALA: Yes.
COMMISSIONER HILLER: -- with respect to the CRA.
CHAIRMAN FIALA: Yes.
COMMISSIONER HILLER: I'm going to vote no on those.
CHAIRMAN FIALA: Oh, okay. So you're going back to the
consent agenda item?
COMMISSIONER HILLER: Uh -huh, and I'm voting no on
those grants to be consistent with the policy we've adopted.
COMMISSIONER COYLE: You haven't reconsidered the
agenda.
COMMISSIONER HILLER: No, I don't have to reconsider it. I
can change my vote.
COMMISSIONER COYLE: Oh.
COMMISSIONER HILLER: I'm changing my vote to no. And
anyone else can change their vote to no, you know, based on the
policy we've adopted.
CHAIRMAN FIALA: Okay.
MR. KLATZKOW: It doesn't change anything.
CHAIRMAN FIALA: For the present time, the CRA meeting is
closed.
CHAIRMAN COYLE: Okay. We have a 10 o'clock
time - certain.
Item 91 1 A
RECOMMENDATION TO SELECT OPTION B OR D
IDENTIFIED BY THE GORDON RIVER GREENWAY
STAKEHOLDERS COMMITTEE FOR THE DEVELOPMENT
OF A CONTROLLED ACCESS ENTRANCE ROAD WITH AN
ENHANCED WATER FEATURE AT NAPLES ZOO — MOTION
TO CONTINUE, ALLOWING STAKEHOLDERS TIME TO
Page 41
June 26, 2012
REVIEW AND BRING BACK TO THE JULY 24TH BOARD
MEETING — APPROVED
MR. OCHS: Yes, we do, Mr. Chairman. It's Item 11A on your
agenda this morning. It's a recommendation to select Option B or D
as identified by the Gordon River Greenway Stakeholders Committee
for the development of a controlled access entrance road with an
enhanced water feature at the Naples Zoo.
And Mr. Steve Carnell, your interim public services
administrator, will begin the presentation.
COMMISSIONER HENNING: Mr. Chairman, before we begin,
it's my understanding that we're going to talk about just the pond
issue. Now, does that apply to speakers and staff also?
CHAIRMAN COYLE: I'd like for that to apply, but you know
how difficult it is to control the public speakers. They'll get up and
say anything they want to no matter what I tell them.
So I think it's fair to say that the advertised item has to do with
the entrance, and that's all we're going to vote on today. So you want
to talk about something else, I guess it's your right to do that, but we're
going to make our decision, I hope, based upon the item that is
advertised, which is restricted entirely to the entrance to the zoo.
COMMISSIONER HENNING: Thank you, sir.
CHAIRMAN COYLE: Okay. Does that help?
COMMISSIONER HENNING: Yeah, that's very --
CHAIRMAN COYLE: I don't know if it will help, but --
COMMISSIONER HENNING: No. I think you clarified it for
everybody. So hopefully we can stay on the topic.
MR. CARNELL: Okay. For the record, Steve Carnell on behalf
of your public services division.
As you know, the Gordon River Greenway project is really a
unique project in development. Its origins go back several years.
Collier County has been an active participant along with several other
Page 42
June 26, 2012
stakeholders for about five years on this project. And when completed
-- this is 124 acres of land that resides, really, between the City of
Naples Proper and the East Naples area, and when completed this
project is going to take these 124 acres and turn it into a very
extensive passive recreation and land preservation area. And,
essentially, about two thirds of that land is developable, if you will,
that will be taken out of development and will be preserved forever.
So it's a wonderful project with an opportunity to really do
something really good for our community in terms of the amenities it
brings with it.
The project at this point has been designed really, in two different
faces. We've got the actual greenway construction project, which is
just about ready to go to bid. We're on the -- obtaining the last permits
as we speak. We also had to redesign the entrance to the Naples Zoo,
and this is an initiative that was started some time ago and actually
completed about a year ago. The final permits were obtained.
That project is fully permitted and ready to go and be constructed
as part of this larger greenway project construction.
As you're aware, in the last few months we've had issues raised
about the design of the entrance with what effect it would have on the
koi and fish ponds that are on the west end of the zoo property
adjacent to Goodlette -Frank Road.
And as a result of that the stakeholders -- and by the way, I'd be
remiss if I didn't identify your stakeholders just briefly, if I could. Not
only Collier County Government and Conservation Collier
participated, City of Naples, Collier County schools, Naples Airport
Authority, the Conservancy of Southwest Florida, Southwest Florida
Land Preservation Trust and last but not least of course Naples Zoo.
We've participated and appreciated all their help in getting where
we're getting. This has truly been a community effort, multiple
parties.
With that, that work was done. As I said, the issue came up
Page 43
June 26, 2012
about how we situate the ponds under the new entrance. The entrance
really needed to be modified in order to accommodate the greenway
project and also to maintain and potentially improve zoo operations.
So with all that in mind, when the issue arose, we reconvened the
stakeholders. And the stakeholders are meeting on a regular basis to
discuss and monitor the progress of the project. And the stakeholders,
essentially, broke out into a subgroup of representatives from various
participating agencies.
And they looked at alternatives to the existing design that's
already, as I said, fully permitted, and they came up with five
alternatives.
And I'd like to, if I could, for just a moment, turn this over to
Ellie Krier from the Southwest Florida Land Preservation Trust. Ellie
was good enough to chair this little subcommittee effort on dealing
with the zoo entrance alternatives, and I'd like her to give you a little
overview of how that process worked.
MS. KRIER: Good morning --
CHAIRMAN COYLE: Good morning, Ellie.
MS. KRIER: -- Mr. Chairman, Commissioners. For the record,
I'm Ellie Krier, the executive director of the Southwest Florida Land
Preservation Trust.
As community concern was raised to save some or all of the pond
at the current entrance to the zoo, the Southwest Florida Land
Preservation Trust was approached to facilitate a stakeholder process
and create and review some options.
This is a subset of the ongoing stakeholders group and slightly
different from it. As you know, we had representatives not only from
concerned citizens that raised the issue, the land trust, the zoo, and the
Conservancy, the Lake Park neighborhood joined us on this as well,
and staff with parks and rec, traffic engineering, the designer of the
intersection, and a reporter from the Naples Daily News.
While our work was completed, the information was also then
Page 44
June 26, 2012
presented to the school district and to Mr. Overson, who has the 22
acres on Golden Gate Parkway.
We met on April 17th and 25th and May 9th, and with the
exception of one person at one meeting, everyone attended all
meetings. It was an inclusive group participating in a collaborative
process with all speed to bring you options for consideration.
The land trust wants to thank all of those who participated, many
are here today, and provided so much effort and time.
You have before you today Options A through F, which I count
as six, that have been produced through the efforts of this stakeholder
group. The group agreed that these six options, both the sketches and
the matrix, accurately reflect the work of this group.
The stakeholder group did not endorse any option. We
acknowledged that there were diversion interests that might have
different opinions. The land trust board has remained neutral on this.
And if there are any other options for your consideration this morning,
they've not been provided to the stakeholder group for comment or
consideration.
We thank you for allowing the land trust to continue to assist you
and support you with collaborations and facilitations on the entire
Gordon River Greenway project. And anything we can do to help
further, we're here for you.
Thank you.
CHAIRMAN COYLE: Thank you.
MR. CARNELL: All right. Well, with that, I'm going to ask
Mike Delate from Q. Grady Minor -- Mike is the designer of the
entrance project in not only the initial option that's been fully
permitted, plus the five alternatives as well. Mr. Delate's going to walk
you through all six options, the existing plus the five alternatives, and
just give you a very brief overview of what each six -- each of the six
comprise.
MR. DELATE: Good morning, Commissioners.
Page 45
June 26, 2012
COMMISSIONER HENNING: Good morning.
MR. DELATE: As Mr. Carnell eluded to, I'll go over these
options rather briefly. I think you've seen them upfront for a while
here, and I won't elaborate too much.
MR. OCHS: For the record, Mike?
MR. DELATE: For the record, I'm Mike Delate from Grady
Minor Engineers.
Option A is the permitted design. The genesis of that was to try
to connect with Fleischmann Boulevard and have a fully functional
signal there allowing operations to connect to the north and south of
the project and allow patrons to utilize that signal to go north and
south on Goodlette Road.
Under this scenario, the pond is significantly filled. Only the east
side would remain, that, I call it, rabbit shape on the east side of the
road, with the remainder of the pond filled in.
Option B, which was developed through the ad hoc committee,
would retain the permitted entry road design allowing the north/south
interconnect in the zoo and also allow the zoo patrons to utilize the
signalized intersection.
A small portion of the pond under this scenario would be
retained. And in order to retain that, we'd have to use a bulkhead in
extensive areas in order to facilitate a larger pond area that would be
otherwise utilized with slopes down to the pond edge. This requires
some permit modifications, though not expensive. And the cost
estimate developed through the committee was roughly $190,000.
Option C, which is quite different than, obviously, A and B,
moved the main entrance down to the Conservancy entrance, the
existing Conservancy entrance there, and installs a new signal at that
location with a full median cut and would allow traffic to go north and
south on Goodlette Road. The other existing entrance would be used
for a maintenance access to the property to the north and also to the
private property, also known as the Overson property, to the north.
1 =6
June 26, 2012
Under this scenario all the pond is retained and enlarged quite a
bit to the south. Dry water management was briefly located to the
north side of the entrance. Again, this requires permit modifications
and extensive new permitting. And the cost for this was roughly
$690,000 with the bulk of that being the new signal.
Option D is similar to the Option B design except it adds water to
the north side of the intersection there. Again, it allows full access to
the Fleischmann Boulevard signalized intersection. It allows the
north/south continuous access within the property. Wet and dry water
management, again, are added on the north side. This would preclude,
then, having to add additional dry retention on the east side near zoo
operations.
Again, bulkhead and traffic safety railing were (sic) added, which
added to the cost. This requires permit modifications similar to
Option B. Again, not as extensive as Option C. And the cost for this is
roughly $360,000, with a significant portion of that being the
bulkhead and traffic safety railing.
Option E, which is similar to Option C with the exception that
the access to the maintenance area and to the Overson property is
moved farther north along Goodlette Road, and the existing access
would be closed. This would retain the entire pond as it is now. And
then the entrance to the zoo would be, again, moved down toward the
Conservancy entrance with a full signalized intersection of that
location.
No water management would be needed at this area at all. This
requires an extensive permit modification and new permits, along with
some variances within the county. The cost for this is roughly
$830,000. Again, with the bulk of that coming through the new signal
and moving the entrance to the north.
Option F is similar to the Option C design that the entrance,
again, is moved to the south. The main entrance, the patron entrance,
is moved to the south at the Conservancy location, with the exception
Page 47
June 26, 2012
that a traffic signal would not be installed there. It would just be a
directional left into the zoo property and the Conservancy.
This would preclude zoo patrons from turning south on Goodlette
Road coming out of the zoo. They would have to make a U -turn at the
-- either the Fleischmann intersection or at another turnaround.
Under this scenario, all of the pond is retained and enlarged.
Some of the -- we'd have to add some bulkhead and traffic safety
railing, though not as much as under other options. Dry water
management on the north side would be needed.
This requires permit modifications and new permits, though not
as extensive as the other options. And, of course, the cost for this is
the lowest, at a $125,000 estimate.
Just to give you a summary of the costs, Option A, which is the
existing permitted, these are -- we'll call that the baseline of zero, and
then you can see Options B through F with the additional costs over
the option A.
With that, I could take any questions on the description, or we're
prepared to provide some advantages and disadvantages, if you'd like
us to do that.
CHAIRMAN COYLE: Commissioner Hiller?
COMMISSIONER HILLER: Yeah. Could you explain why
there's such a large difference in cost between B and D? I mean,
basically the bulkhead and the traffic safety railing will be the same
for both, as I understand, unless --
MR. DELATE: Right. Under the option --
COMMISSIONER HILLER: I don't really see where the
material difference in the cost is.
MR. DELATE: Yeah, that's a good question. And Option B,
again, would have the dry water management on the north side of the
pond, which would be very shallow, maybe 1 to 2 feet deep.
Under Option D, we're adding water management there that
would be wet. And under that scenario we'd have to add bulkheading
June 26, 2012
and additional traffic safety railing, which gets quite --
COMMISSIONER HILLER: Both sides as opposed to one?
MR. DELATE: Right, exactly.
COMMISSIONER HILLER: So it's actually just doubling the
cost --
MR. DELATE: Right.
COMMISSIONER HILLER: -- for water being on both ends?
MR. DELATE: Correct.
COMMISSIONER HILLER: Okay. I understand then.
The other thing I wanted to address is the additional conditions or
features, if you will, that the pond group was requesting. Now, they
sent an outline of what they wanted to see with respect to Option D
well in advance of this meeting, and I understand that you reviewed
that --
MR. DELATE: Yes.
COMMISSIONER HILLER: -- and that you costed that out and
that staff has reviewed it, and all us commissioners received that
information as well. Is that factored into this $360,000?
MR. DELATE: Well, this Option D is what was presented to the
ad hoc committee or developed by the ad hoc committee, so it's not a
D, modified, so to speak, where we've incorporated the other requests
from -- I'm prepared to present that if you'd like me to.
COMMISSIONER HILLER: I would like to hear about that.
MR. DELATE: So, again, this is just a conceptual plan, so I
wouldn't get too caught up in the line work on this. But under this
option, with the various changes requested or recommended by the
other citizens group, the significance of their changes were to remove
the bulkhead completely and to pull back the lake bank from the road
edge and allow a sloped embankment down to the water surface.
Under that scenario, we would save quite a significant amount of
money by removing the bulkhead near the road and removing the
traffic safety railing. So the cost under -- compared to Option D
June 26, 2012
decreased significantly.
By doing this, though, we've had to compensate for the water
management area. And I've, conceptually, shown it on the east side of
the property -- excuse me -- on the east side of the road, but I wouldn't
get too caught up again in this concept plan. It was just supposed to
be a general location where the improvements would be shown.
Preliminarily, I've done some calculations and talked to the
Water Management District, and I believe I can fit the improvements
within the previously approved development footprint under Option A
without encroaching into any of the zoo operations.
COMMISSIONER HILLER: Well, I think that's fantastic. I
think what you've come up with is an excellent low -cost alternative
that I think satisfies everyone's objectives. And I'd like to make a
motion that we approve Option D, as modified, at a cost of $120,000,
which is, you know, less than alternatives that have been presented.
COMMISSIONER HENNING: I would second that motion;
however, I would like to wait for the speakers.
COMMISSIONER HILLER: That's fine. I have no problem
waiting to hear what the speakers have to say, but I see this as, you
know, a very positive compromise that provides a beautiful entrance
to the zoo very cost effectively, while at the same time, preserving the
pond.
MR. DELATE: Mr. Ochs asked that I also point out -- and it's
kind of lightly hatched here -- the -- on the east side that pond, the
existing pond will remain. If you go east of the direct intersection
there, it's just kind of a ghosted pattern, but that will -- pond will
remain as well.
COMMISSIONER HILLER: I think this is -- I commend you
for doing this. You did a great job for -- coming up with such a low
cost. That's fantastic.
COMMISSIONER FIALA: Does this include all of the seven
conditions?
Page 50
June 26, 2012
MR. CARNELL: If I could, Mr. Chairman -- if I could just add
onto this in terms of where the staff is with regard to the options -- and
let's just make sure we keep it very clear.
Mr. Delate showed you the six options that were vetted by the
stakeholders, and then this last alternative has not been fully vetted by
the stakeholders. And where we are right now is the -- this
modification may have some possibility in talking -- but, frankly, I
had a misunderstanding between myself and the zoo staff in terms of
where they were.
The zoo has some concerns, and they can perhaps explain that to
you more briefly when they speak. But there is some possibility --
there's some concern about that dry retention area cutting into existing
zoo operations or exhibits, and that was never the intent to do that.
COMMISSIONER HILLER: That wasn't what the engineer just
explained. He just --
MR. CARNELL: Well, he said -- ma'am, he said that he believes
we can accomplish that without affecting the zoo area. But what I
think we need to do is we need to have more discussion with the zoo,
and we need to verify that and get a line and agree on the impact.
And what we could suggest, if the board wishes to pursue Option
D and to consider these alternatives to D, is really to put it back in the
existing process with the stakeholders. The stakeholders meet every
other month, and they were going to look and see the final design.
Remember, this is all conceptual. Everything we're looking at
right now, except Option A, is conceptual.
So what we could do is we could take the options -- the
modifications to D, and we can vet them through the stakeholders as
part of going forward with the design process, if the board so chooses
to direct us, and then we'll determine the veracity and the feasibility of
these changes in full for all the stakeholders. So that may be
something you wish to consider in doing the direction.
COMMISSIONER HILLER: Well, the other thing we could do
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June 26, 2012
is we could approve it. You could take it back to the stakeholders, and
if it -- for whatever reason it doesn't work, you could bring it back for
modification, because I think this process needs to move forward.
We're holding up the greenway project.
And based on the representations of the Q. Grady engineer
whose, you know, opinion today suggests that this will not affect
exhibits that it will -- you know, that it can be readily accommodated
as described, I think they've, you know, come up with a really great
cost - effective, balanced solution.
So we could approve it today, let it go back to the stakeholders,
and if there's a problem, bring it back for modification. But I think we
need to move forward on this today.
CHAIRMAN COYLE: You know, I think the last - minute
presentation of this information is outrageous, quite frankly.
You had a compromise. Everybody publicly said they supported
D with some conditions. Why did you need to go any further than
that? Save some money? You don't even know how much money is
going to be required to create these dry storage areas on the east side
of the street. It hasn't even been vetted to the staff.
Ellie, has this come to you for any consideration at all?
MS. KRIER: (Shakes head.)
CHAIRMAN COYLE: No. We've been talking about this for
months, and you present to us a change at the last minute that hasn't
even been vetted to the people who've been in charge of creating these
options.
Now, either the motivation is to sabotage the process or delay it.
I can't think of another reason for even presenting this information at
the last minute.
But I -- we're going to have to hear from the public and get an
idea of what they think about this, because it doesn't make any
difference what the engineer thinks. The stakeholders have to make
those decisions.
Page 52
June 26, 2012
I just can't make sense of -- I just do not understand the rationale
in even doing this, why you didn't present Item B and Item D with the
conditions that have been communicated to everybody and say, there
they are. The people here have agreed on them. And that's not what's
happening.
MR. OCHS: Commissioner, if I might, just to try to clarify the
staff s intent. It was not our understanding or belief that the group
who originally came to you and petitioned the concern about the pond
was ever in agreement with B or D as presented in your executive
summary. And they, after all, were the group that initiated us going
back at your direction to the stakeholders including then to try to come
up with a compromised plan.
Now, you're exactly correct. We didn't get this proposal from
that group until after your printed agenda had already been published.
And I apologize for the lateness of that. I didn't control that. But I
thought I had a duty to bring you this information. It's similar to one
of the recommended options, that being Option D, at a reduced cost.
And for those reasons, we felt, or I felt, it was my responsibility
as your manager to bring you this option for consideration. And I
recognize that it hasn't been vetted, and we've acknowledged that on
the record. And that's the reason it's part of the presentation this
morning.
CHAIRMAN COYLE: Well, my position is and will remain that
the goal of the Board of County Commissioners and the staff was to
achieve a compromise through public vetting and get input from all
sides, not to let the sides sit down for months to come up with
suggestions, and then a day before the decision is to be made present a
different alternative that hasn't been vetted.
MR. OCHS : Commissioner, your staff s fully prepared to move
forward with Options B or D as presented in the materials.
CHAIRMAN COYLE: You see, it's too late now. You've
presented another alternative that's going to complicate the debate for
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June 26, 2012
the entire day. But nevertheless, that's where we are.
Commissioner Henning, you were second. Do you want to listen
to the public?
COMMISSIONER HENNING: I do want to listen to the public
after I and the other Commissioners weigh in.
CHAIRMAN COYLE: Okay. Go ahead.
COMMISSIONER HENNING: I think it's important if staff
would go out and get the Exhibits A -- or B and D and put them up
over here. And if you have a modified D, put them up over here, too,
so as the public comes up there and refers to -- we can follow them.
You know -- quite frankly, you know, good decisions are
debated. The best decisions are continued to be debated until we
make a final decision. And, quite frankly, you know, we can accept a
D and modify it as long -- you know, my concern would be the future
of the view -- or the zoo's expansion, or we can continue this. I don't
care. I just want to do what's best for that property, which is the -- as
the public's understanding is the zoo and the zoo operations.
Part of that -- I can tell you, my 28- year -old, when he was a
child, we fed the fish and the turtles there, okay. My nine - year -old,
we were there just recently feeding the fish and the turtles. And I can
tell you from people that I talk to, they've done that with their
children, too. So it is a -- it is an exhibit in my opinion, just like it is
any other exhibit in the zoo.
So whatever we can do to, you know, retain those features and
enhance those features, I'm all for that, and if we could do it at a, you
know, small, small cost, what an enhancement that is for the
taxpayers.
So that's where I'm at, you know. I don't think that we need to
rush to make a final decision. But if we can make Option D modified
work, let's do it.
Thank you.
CHAIRMAN COYLE: Commissioner Fiala, were you next?
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June 26, 2012
COMMISSIONER FIALA: Thank you. Yes, I was.
In the effort to move it forward and yet to also consider the
stakeholders and their views, my suggestion would be to move
forward with the Option D and then let the stakeholders discuss --
because at least you can start moving forward with whatever must be
done right now, and then let the stakeholders talk about modification.
Now, Commissioner Hiller had said something about approving
that and then coming back and changing it. Well, maybe it would be
easier, then, to have them discuss the things that have not been on the
record, have not been exposed to anybody, and come back with the
modification. It seems that most people will agree to most of it.
Maybe there's something that is a little bit prickly, and they need to
discuss it. But at least if we have D going forward and then the
discussion planned for all of the stakeholders who are part of the
decision - making process, I would think that that would work best.
That way at least you've got it moving forward with the understanding
it could be modified.
CHAIRMAN COYLE: Okay.
COMMISSIONER FIALA: What do you say?
CHAIRMAN COYLE: Commissioner Coletta?
COMMISSIONER COLETTA: Yes. Thank you, sir.
I agree with you, Commissioner Fiala. I think you identified it.
The problem here is it's a new item. I can understand the frustration of
Commissioner Coyle that in the 11th hour we have a new plan put
before us after months and months of discussion taking place.
So one of the things I'm going to be listening very careful to is
going to be the comments that you have to make when you come up to
the podium and how you feel about it. I'd like to be able to put this
thing to bed. I'm impressed with the idea that it costs a little less than
the Option D as it originally was comprised.
If the people within the group here are in agreement and they see
no problem with the Option D, we might not even have to bring it
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June 26, 2012
back. But the 11 th hour makes it very difficult when something
comes up like this, because we're always concerned that some element
out there that would like to have a part of the discussion may not be
here today because of the fact that they understood Option D was it,
and they may have objections to the Option D, modified. That's
always a concern.
But once again, we're in the business of trying to make people
happy, and let's go for it.
CHAIRMAN COYLE: Okay. Commissioner Hiller?
COMMISSIONER HILLER: Yeah. I very much want to hear
what all parties have to say today with respect to Option D, modified.
I'm very sensitive to the zoo's position of having their own
attractive entrance. It -- curb appeal for a business such as the zoo is
very important. And to the extent that we can provide such a
significant water feature at such a low cost, I think it's very, very
positive for the zoo.
The other thing is, is that I'm very sensitive to the zoo's cost.
They have to raise the money to pay for their fair share of this
entrance improvement. And anything that we can do to reduce the
burden on them while at the same time providing for a very attractive
entrance is very important in my mind, and that's why I support D, as
modified.
With respect to this coming at the 11 th hour, this information was
put forth ahead of time, and I believe that there were
miscommunications on the part of staff that resulted in this not being
presented as part of the package, and I want the community to address
that also.
I would appreciate it if Mr. Cabral could explain what he
presented and when, and then I would like staff to explain why they
didn't, you know, do what they had represented that they had done to
eliminate the bad -faith accusations made by Commissioner Coyle
against you.
June 26, 2012
So with that, I'd really like to hear what the zoo has to say and
what the community has to say with respect to Option D. as modified.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Yes, thank you.
Well, I did not receive it until Friday. And, in fact, I didn't get
mine until yesterday, so --
CHAIRMAN COYLE: That's right.
COMMISSIONER FIALA: -- I don't know that. I don't think
staff should ever be blamed because somebody gave things -- I hate to
see staff always get the raw end of the stick. But anyway, that isn't
what I wanted to talk about.
Commissioner Henning had mentioned about his boys feeding
the fish. And no matter when I go by, somebody's always looking in
the water watching the turtles, watching the fish, looking at the
flowers. So I thought maybe we should -- as long as we're talking
about adding things -- something very simple, any type of, like, a
modified viewing platform of some kind so that people can still go out
and feed the fish and stuff like that. It doesn't have to be anything
major, no kind of a bridge or anything, but at least something where
people could still look at the beauty of those ponds.
COMMISSIONER HENNING: I think that's there. Around the
big banyan tree, we can still go over there.
Mr. Chairman, if you don't mind, it's usually break time at 10:30.
CHAIRMAN COYLE: Yeah. It's a good time. Let me just
make one observation here. This was given to me yesterday afternoon
by the County Manager. Two hours later Mr. Cabral came in and
briefed me on the same thing. That's the first I ever heard of this, and
I'm the commissioner from this district.
You'd think that the staff or someone else who had advanced
information about this would have talked to the commissioner of the
district, and they did not. And I am, understandably, perturbed at that,
because I have been involved in meetings with the zoo for months
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June 26, 2012
about the resolution of this issue.
And the point that I'd like to make sure everybody keeps in mind,
particularly the commissioners, is that Option D, modified, and Option
D, not modified, have almost the same amount of water feature
preserved, almost the same amount.
What is different on Option D, modified, is a range of dry
retention ponds or areas on the east side of Goodlette Road that I don't
think has been properly staffed and vetted. That's the issue I am
concerned about, because it encroaches on the zoo's property, and the
zoo, apparently, has not been talked to about that.
So let's hear the public speakers and let's try to sort this mess out
before it gets dark.
COMMISSIONER FIALA: How many public speakers do we
have?
MR. MITCHELL: We have 24 public speakers.
CHAIRMAN COYLE: Yeah. Okay. Call the first public
speaker.
MR. OCHS: Are we going to break?
COMMISSIONER FIALA: I thought we were going to take a
break first.
MR. MITCHELL: Sir, are we going to take a break?
CHAIRMAN COYLE: Oh, I'm sorry. Yes, we're going to have
a 10- minute break. We'll be back here at 10:44. Thank you.
(A brief recess was had.)
MR. OCHS: You have a live mic, sir.
CHAIRMAN COYLE: Okay. Let's get started. I can make a
decision real fast. Uh -oh, uh -oh. Now we have other Commissioners.
It's going to get more complicated.
Okay. Let's have the first speaker.
COMMISSIONER HILLER: Before we get started,
Commissioner Coyle, we would like to get a clarification on the
record. Could the Q. Grady engineer come forward?
June 26, 2012
CHAIRMAN COYLE: You say "we would like to get." Who is
"we" .
COMMISSIONER HILLER: We, the people. We, the people.
Could you clarify again, so that there is no misunderstanding for
the benefit of the community that's here today, that Option D, as
modified, would substantially reduce the cost over Option D as
presented earlier, that it would not cause the zoo to have to take land
for additional water retention and that it wouldn't encroach on the
operation of the zoo as it's intended to move forward. Can you clarify
that?
MR. DELATE: Sure.
COMMISSIONER HILLER: Because I think that's very
important. And I want to modify my motion to ensure that those
things are, in fact, a condition of the approval of Option D with one
final condition, and that is that, you know, I want all the parties to
work together right through the final permitting to ensure that that
does happen as described.
MR. DELATE: Sure. For the record, again, it's Michael Delate
with Grady Minor Engineers.
I did mention this in passing, but it was brief. This was a concept
plan. The original intent -- and this was not necessarily last second,
but last minute, maybe, plan -- was to depict the water area in front of
the entry, and not necessarily to focus on any of the other
improvements on the site.
I understand it's gone out to the public record now, so I should be
clear about that, that the areas to the east are concept.
When I did lay this out and did some preliminary calculations
and talked to the Water Management District, I was definitely
cognizant of the zoo operations. So I looked at the previously
approved plan, which is Plan A, and kept within the confines of those
improvements or impacts to the zoo area.
So this is kind of almost an artist's rendering, and there's some
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June 26, 2012
liberty with lines here. And, from my perspective, I wouldn't get too
caught up in those lines. I feel comfortable enough as a professional
to say that we can fit within the previously approved impact area with
the exception that we're adding the little retention in front of the
existing zoo entrance. Other than that, we would -- again, we were
cognizant of the zoo operations and intended to stay within the
confines of the previously impacted area.
COMMISSIONER HILLER: So stay within the confines of the
previously impacted area; in other words, no additional land will be
taken from the zoo for retention, and the cost will be less than the 360
provided for in Option D, and the current estimated cost is about
120,000, and it will not impact zoo operations?
MR. DELATE: That was the intent.
COMMISSIONER HILLER: Okay. And so then I'm going to
modify my motion to make that as a condition for the approval of
Option D, as modified, with the one other condition that I would want
to be assured that the -- all the parties continue to work together
through the permitting to ensure that this is respected.
CHAIRMAN COYLE: Mr. Delate, would you come back to the
mic, please.
MR. DELATE: Sorry.
CHAIRMAN COYLE: You know, I'm always a little leery when
people speak for someone else.
MR. DELATE: Correct.
CHAIRMAN COYLE: You say it would not impact the zoo
operations. Have you asked the zoo board if they agree?
MR. DELATE: Operations in terms of the impact area that
would be proposed under this scenario -- again, this is still concept
here -- would match or be less than what is already approved under
Concept A, which is the permitted design. So, for instance, we'll take
this area to the north where it's the -- it says dry detention and it bulges
out there. That area is already permitted.
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June 26, 2012
CHAIRMAN COYLE: For what?
MR. DELATE: For water management as part of that design.
That's part of Option A.
CHAIRMAN COYLE: And that's upland area, isn't it?
MR. DELATE: Yeah, I'm sorry. Here's the -- so this area's
already permitted.
CHAIRMAN COYLE: That's upland area.
MR. DELATE: That's upland area as well.
CHAIRMAN COYLE: Is it going to have to be excavated to be
-- to retain water, or is that --
MR. DELATE: Actually, it's just a shallow area. The road is
actually going to be built up above the surface up there now, so it will
be sloped down to that, probably about ground level or a little bit
above, and then come back up with a little berm, and then back --
sloped back down to grade.
CHAIRMAN COYLE: And you have coordinated this with the
zoo people?
MR. DELATE: Yes. That's been in process for three or four
years.
CHAIRMAN COYLE: As a dry retention area?
MR. DELATE: Correct.
CHAIRMAN COYLE: Why hasn't it been shown on any of the
other alternatives?
MR. DELATE: Let me go back --
CHAIRMAN COYLE: Why is it the dry retention is shown here
for the first time ever?
MR. DELATE: Well, I think -- again, I think this plan kind of
morphed into showing those areas off away from the ponds in the
front. That was the intent of my exhibit, at least, was to show the
pond areas in the front, and the rest was kind of concept, off to the
side.
CHAIRMAN COYLE: Alternative A had dry retention ponds on
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June 26, 2012
either side of this bridge entrance.
MR. DELATE: Correct.
CHAIRMAN COYLE: You didn't have any dry retention
elsewhere identified.
MR. DELATE: We did not, but it was already permitted, and it
was away from the entry area, per se. So the focus on those exhibits
were actually -- were prepared by the committee. We just put them on
an aerial. The committee didn't extend to the north there. But I'm
pretty sure the zoo was -- well, the zoo definitely was well aware of
the plan.
CHAIRMAN COYLE: Well, we'll ask them when they get up to
speak. Okay. Thank you.
All right. Let's call the first speaker then.
MR. MITCHELL: The first speaker is -- and we'll use both
podiums, please -- is Ellie Krier, and she'll be followed by Robert
Printz.
MS. KRIER: Good morning, again. Ellie Krier, for the record.
I'd intended to waive, but I want to provide some clarification for
Chairman Coyle.
In your executive summary, under -- on the second page where it
says -- where is it -- I think Options B through F, the drawings were
done by landscape architects for the committee. They were not done
by Q. Grady Minor. Q. Grady Minor put them on aerials for the ease
of public understanding.
What we did in all cases -- and it is referenced in your executive
summary -- is deleted a 10 -foot multimodal pathway on the east side
of that access road to provide alternative for dry retention. It was
going to be an impact anyway, and -- because dry retention was forced
to the pond area because there was so much taken by that sidewalk.
The elimination of that sidewalk, as noted in your executive summary,
provides the option to push it back there. It does not show on ours
because we were only dealing with the pond, and that's -- our sketch is
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June 26, 2012
not Q. Grady Minor.
CHAIRMAN COYLE: Okay. Thank you.
MR. MITCHELL: The next speaker is Robert Printz, and he'll be
followed by Corey Cabral.
MR. PRINTZ: Hi, Bob Printz. I'm with the group that's trying to
save the pond. I think this one is by far the best. It's going to give the
most exotic, you know, alluring entrance to the zoo. And we're
Naples, Florida, and I think we should really go for the best. And this,
by far, does meet all those requirements.
MR. MITCHELL: Mr. Cabral will be followed by Jeannie
Hoffman.
MR. CABRAL: My name is Corey Cabral. I've been a Collier
County citizen for 37 years.
And I would like to open up dialogue regarding Chairman
Coyle's comment. I'm a bit offended by the comment that this was a
last - minute attempt to sabotage the process when we all, as
stakeholders -- and we are part of the stakeholders -- have put
countless hours, time, and money into this process and would like to
explain to the public community why, at the last session of this, this
information came forward.
We have been asking county staff and the zoo board of what
alternative they were in favor of, for quite some time. We did not hear
until the taping of the Jeff Lytle show on Wednesday that the zoo
board has now come out and was in favor of D. That was the first time
that we heard that.
B and D were always one of the alternatives, but it was B -- and
their concern during the show, and -- when David Tetzlaff spoke and
also Steve Carnell in reference to the requirement of a traffic light --
immediately after the show I lobbied the committee members and
discussed this at depth and agreed with the fact that a traffic light was
necessary. And so we began to focus on how we could accommodate
all the needs of the stakeholders and still preserve the pond in its
June 26, 2012
original design.
We came up with a modified D, which preserves 90 percent of
the pond. We placed conditions on it which allows the ponds to have
water in them year- round, where the D option, having a combination
of dry retention and wet, would change the appearance depending on
the reasonable water flow. It's very hard to maintain, and it's not in
keeping with the preservation of the appearance of the pond.
So we brought this decision, the consensus, to the county staff on
Thursday, to Steve Carnell. Steve Carnell said he was going to present
it to the zoo board for their opinion and /or approval. He said that he
contacted David Tetzlaff, who mentioned that he couldn't speak for
the zoo board; that he'd have to get with the zoo board and get back to
Steve on Friday.
Contacted Steve on Friday, and he advised that the zoo board had
no opposition to any of the conditions. And we all have an email,
which I presented copies to all of the commissioners, where the staff
advised us that the zoo board was in favor of B and D and that there
was no opposition to the conditions and that the county staff was in
favor of B and D and there was no opposition to the conditions.
And we had then immediately provided the commissioners -- I
sent emails with this great news that we finally had one alternative
that all of the stakeholders -- all of the stakeholders could agree, and it
met the needs. And by the elimination of the bulkhead and the
guardrail and the new design, it is now the cheapest alternative being
presented to the taxpayers. This was a win -win for Collier County.
We were so excited. We sent it out to the commissioners. And
like yourself, Commissioner Coyle, yesterday when you advised me
that you weren't aware of this, you knew that I was shocked. And,
quite frankly, we thought we had an agreement.
I wasn't advised until 5:52 last night by Steve Carnell that the
county and the zoo had flopped and decided they're not going to
support this.
June 26, 2012
So we are all, quite frankly, a bit perturbed, to use your word.
I encourage the Commissioners to take into consideration
possibly two options at this time. One is to approve Alternative D with
the modifications with the understanding, as Commissioner Hiller had
mentioned, that the stakeholders meet after the fact, go over it, and
come back to the county, or delay the decision until the July agenda,
which is just a couple weeks away, allow the stakeholders to get
together and agree on the conditions and come back with a consensus.
Two very professional, logical, and reasonable approaches to
address the concerns of the citizens, have the least impact on
taxpayers, and preserve the pond.
Thank you very much for this opportunity.
MR. MITCHELL: The next speaker after Ms. Hautmann will be
Amy Kalmans.
MS. HAUTMANN: Good morning. My name is Jeannie
Hautmann. I'm a Lake Park resident, and I do want to say that, though
the greenway did go -- have a Lake Park resident there, they never
brought it to the Lake Park board or a general association meeting.
And that is per Jeff Petry from the Lake Park -- who is the secretary of
the Lake Park Association.
When I moved to Naples in 1971, my first memory of our
community was the toucan on the corner of Fleischmann and 41.
Unfortunately, we lost that piece of our county's history. Now we're
looking at the pond, at Caribbean Gardens, and Naples Zoo. Three
generations of families have crossed that bridge feeding the turtles and
fish.
And the visualization of the Monet -like bridge over the lily pond
has been a cool, calming perspective for the community.
I understand change, but I am saddened to see us lose another
slice of our county's history. I remember walking with my father on
that bridge and feeding the fish, then later holding my daughter's hand
as she fed them.
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June 26, 2012
One of our county's historical sites is being disturbed and
destroyed over turning lanes and access roads that we are spending
close to three quarters of a million dollars of nonprofit and shared
taxpayer dollars. And remember, too, that we have given back for --
a dollar a year that extra money that pays the difference for the zoo to
be able to do this, just for parking lots and access roads; that to get a
greenway we have to destroy ponds and trees, and yet my husband
and I still won't be able to safely bike or walk across Goodlette Road
to get from Lake Park to the zoo and the Conservancy because there's
not a safe path. This is a -- this is an irony that we have to drive to
bike or walk to a greenway.
A complete overview should have been done of the walkway
between Coastland Mall, Fleischmann Park, Lake Park School, Lake
Park community to be able to cross to the gardens, to the zoo, to
Freedom Park, and the Conservancy.
I know that we all have to compromise, and my first choice
would have been to ask for a complete overview to happen and that
we hold off on spending close to a million dollars before this is done.
But if that can't happen, let's save what we can, and I ask you to
please vote for Option D, modified. Thank you.
MR. MITCHELL: The next speaker is Amy Kalmans, and she'll
be followed by Mary VanArsdale.
MS. KALMANS: Good morning. My name is Amy Kalmans.
Our family has had the privilege of living in Collier County for over
20 years, and our children have all attended public schools and have
grown up with the zoo.
I live in the Moorings, and we frequently drove down
Fleischmann Boulevard and fed the fish at that pond, along with my
nieces, nephews, family friends' children, all, including the adults.
I am also a stakeholder. I am a taxpayer. I am very concerned
that we are even contemplating paving over the zoo. I am extremely
concerned that a comment was made this morning saying that for just
June 26, 2012
"a little less money ", the difference in Plan D and Plan D, modified, "a
little less money." Plan D is $360,000. Plan D, modified, is $120,000.
Now, in my book that's almost a quarter of a million dollars.
And I am looking at commissioners that are responsible for our
taxpayer dollars, and I hope very much that you will vote accordingly.
MR. MITCHELL: Ms. VanArsdale will be followed by Paul
Arsenault.
MS. VanARSDALE: Good morning. I've been here since 1957.
And at that time the Nehring properties -- it was known as Caribbean
Gardens, was a wonderful place to go to. And subsequent to that, you
could always get a lift driving by the lily pond at the zoo.
I personally would like to see something much more beautiful
done there. For instance, have a bridge that would show children what
a beautiful bridge can be, a walking bridge like they have in Japan.
And I know everybody's worrying about money, as they should,
but I'm wondering why some of these people and organizations that
raise millions through their different events couldn't have spared
something to make that a much lovelier place and upgrade the
entrance, especially with a new bridge that would show children what
beauty could really be and, at the same time, let them enjoy the water
lilies and the fish.
I was there the other day, and I walked over the bridge. I mean, I
went in my wheelchair. And on one side it was all scummy, and you
couldn't see down at all where there used to be water lilies. On the
other side you couldn't see very far into the water, but there were some
lovely, very large koi and big goldfish, white ones with red spots, red
ones, and all these little turtles -- oh, sorry.
Anyway, that's my viewpoint.
MR. MITCHELL: No, you still have one minute to speak.
MS. VanARSDALE: Oh, I'm sorry. So anyway, I go for the
Plan D, modified, and I'd love to see something done to upgrade the
whole thing and get -- rather than the taxpayers paying for it, see if we
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June 26, 2012
can't get some of the people that are always raising funds for other
beneficial things.
So basically, I go for this as laid out with the modification, Plan
D with modifications.
Thank you.
MR. MITCHELL: Paul Arsenault will be followed by Eileen
Arsenault.
MR. OCHS: Could we use both podiums, please, for the
speakers. The next speaker over here.
MR. ARSENAULT: Good morning. I want to thank everyone
for all the work they've done with trying to find a solution. In a
perfect world a solution would be not to touch the pond. E would
have been nice if we had $900,000 and if we had the light that the
Conservancy wants and that the zoo could have.
We were stymied by that solution with not having the $900,000
and the school board's problem with putting a light there and the
added problem of the lights in a row. Even though lights can be
sequenced, even though the Lake Park Elementary could change its
entrance, could change its orientation for drop -off to have irrelevance
to Goodlette Road, we are obliged to bow to the school board's
concerns.
And after we learned that the zoo wanted B or D on Wednesday
and the ultimate reality that we need a light with the eventual traffic
that's inevitable, I -- the idea for D with the modifications is the
answer. And I am, you know, compromising something I like, but it --
this is the necessary compromise for all that have put all this time in
here.
For anyone to be considered the poster boy of the greenway --
I've hosted four years of greenway exhibitions, and I've been so proud
of the greenway. I don't know many that knew of the pond's
elimination -- of the board -- of the greenway. The board of the
Conservancy of -- it's been a well -kept secret for a lot of people that
0-M-191
June 26, 2012
should have known.
I am -- I appreciate the process. A lot of people have put a lot of
time in here. I don't like the rush of this, but the rush was put on us
with this permitting in place for a year. If we had known -- if we had
known what the -- what the -- well, the process was with the
referendum, we have a -- the referendum being the preservation of the
Caribbean Gardens. When I saw the zoo board chair say we are the
zoo and -- in a defense, we're a zoo. We're not the Botanical Gardens.
No, you're the zoo and the Caribbean Gardens. And what we want to
do is the best for the zoo and the Caribbean Gardens. It's D with
modifications.
Thank you very much.
MR. MITCHELL: Ms. Arsenault will be followed by David
Pfaff.
MS. ARSENAULT: Good morning. Eileen Arsenault. When
this broke, Paul and I, at very quick notice, put together a petition that
reads: I strongly support preservation of the ponds and bridge at the
entrance to the Naples Zoo. These are icons of our community that
should not be destroyed or compromised. Let us pursue a creative
solution.
We stood outside on Easter Sunday. And this has been a -- very
passive and probably not even legally acceptable, but I just want you
to know, with people that just came out of the woodwork, we have
over 1,200 names. People came into our gallery in Crayton Cove on
walkers and wheelchairs, with their children; we got phone calls; I had
people sign affidavits if they couldn't find their own copy of a petition
to sign.
I think that people underestimated what that little piece of nature
means to this community and the experiences that people had there
and how important that is, and that's rush of this community to be
concretized to find one little piece of green and water that you pass by
and you feel you can breathe.
June 26, 2012
So I really was hoping to congratulate the stakeholders and the
county and the zoo people on reaching a compromise, but at 6 o'clock
last night we found out that that compromise was not happening, and
I'll hold off on that congratulation until we reach one.
But in the meanwhile, I do want to applaud the people, the
committee who has worked so hard on this, and I'm specifically
speaking of Paul's group who has come together, because I like to look
at what motivates people and what motivates myself.
It's always a good practice to just check what you're up to and
why, and none of these people are running for office, none of them are
empire building, none of them are making money doing this. All
they're trying to do is preserve a little piece of paradise that we, the
public, spent $44 million to buy. And I don't think it was just because
people want to see animals in cages. I think it was because we knew
we had a very important piece of land that meant a lot in the middle of
the city.
So I hope that -- and as a member of the greenway board, I would
also like to say that I don't feel that I have endorsed a cookie -cutter
plan to get people from their cars to their kayaks, and I hope that the
county will appoint someone who will make sure that the trees that are
in the way of the parking lot to the kayak launch on the south side of
the zoo will be protected.
Thank you.
MR. MITCHELL: Mr. Pfaff will be followed by Mayor Sorey.
MR. PFAFF: Good morning. My name is Dave Pfaff, and for
whatever it's worth, I've been here since 1956. And in that time I've
served on probably -- the boards of probably a hundred organizations.
I'm currently on the board of the Naples Zoo and have attended
the meetings and find some of the timetables and explanations and
sequences distributed or presented this morning rather amazing, since
I'm not familiar with those things having happened that way.
I'm, with the rest of the board, in favor of B and D. And since
June 26, 2012
we've never had a chance to look at D. modified, I can't say that I
would -- the board, or certainly myself personally, am in favor of that.
With that, I will yield the rest of my time to the next zoo
speakers. Thank you.
MR. MITCHELL: Mayor Sorey will be followed by Susan
Liberski.
MAYOR SOREY: Mr. Chairman, I'll waive my time to
President Paula Brothers of the zoo board.
MR. MITCHELL: Susan Liberski will be followed by Pam Krol.
MS. LIBERSKI: Good morning. My name is Susan Liberski. I
am also a member of the board of directors of the Naples Zoo, and I
would like to agree with Mr. Pfaff in that the timelines that have been
shown as far as the options are not exactly accurate.
And the zoo board, as a group, has not seen Option D, modified.
We were not aware of these modifications. And some of the things
that have been said this morning have been very surprising to me.
We would hope that you would support Options B and D, as
they've been -- already been discussed and have been discussed by all
of the shareholders. And if any modifications need to be made, this
can be done down the line.
Thank you.
MR. MITCHELL: The next speaker is Pam Krol, and she'll be
followed by Eric Thom.
MS. KROL: I waive my time to Matt McLean.
MR. MITCHELL: Eric Thom will be followed by Linda
Ottenad.
MR. THOM: Hello. My name is Eric Thom. I am a member of
the zoo board of directors, and I would also add my voice to the fact
that I was very surprised to hear that I was part of a compromise that
was reached sometime yesterday. That's quite news to me.
And I, among the rest of the board, would be in favor of B or D
as thoroughly vetted by the stakeholders' group.
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June 26, 2012
Thank you.
MR. MITCHELL: Linda Ottenad will be followed by Robert
Ottenad.
MS. OTTENAD: Yes, good morning. I'd like to say that also
I'm a long -time resident and a frequent user of the zoo, having come in
the late 60's with my family, and brought my children to Jungle
Larry's and have enjoyed it, and even to the point of coming with my
father who had Alzheimer's. And so the zoo was just a very quiet oasis
and a part of our community.
So I think I'd like to express that, as a member of the zoo board,
we also have a strong emotional attachment and understanding of
what the zoo means to our community and that pond feature, and we
are very concerned with the continuation of what the zoo has meant in
our community, for that to continue for future generations.
My main concern is, as other board members have expressed,
that some of the things that have presented that the zoo board has been
privy to, I shake my head. It's like, that's news to me. We just hadn't
heard that or been made aware of it.
The other -- my other concern is when I look at this drawing for
Option D, it's -- I'm looking for details. I don't really understand the
full scope of it in detail as opposed to the other options that have been
presented.
So my concern is that -- my sense is that it's been presented at the
last moment, and I'm searching for the details. And so when it talks
about the costs, I'm apprehensive and concerned that when something
could be presented at the last minute, that it could have been thought
through in the details.
And when we talk about the amount of money that would be
saved, I have concerns about that. And also, because of the rendering
and the vegetation and -- it's been expressed that we're concerned
about the trees. I don't see that as being presented.
So my concern is that it's a last - minute put- together rendering
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June 26, 2012
and that, because of the details that are missing, it makes me
concerned about it.
And I just urge that you more consider Plan B or D. Thank you.
MR. MITCHELL: Robert Ottenad.
MR. OTTENAD: I offer my time to the next speaker.
MR. MITCHELL: The next speaker is Susan Earl, and she'll be
followed by Wayne Meland. And could I remind you we'll be using
both podiums.
MS. EARL: I'll waive my time to Matt McLean.
MR. MITCHELL: Wayne Meland will be followed by Paula
Brothers.
MR. MELAND: Hi. My name is Wayne Meland. I thought it
would be important for a person not to be a member of the zoo board
to actually come up and speak on behalf of the zoo.
I am a strong supporter of the zoo. But I just want to make it
clear that I support Option B or D as the zoo has vetted and has been
proposed.
You know, the cheapest option isn't always the best option, and I
think that needs to be considered also.
Looking at this Modified D, looking at that shows, to me
anyways, all the land shown in dry retention is -- encroaches on the
zoo exhibits right now, with the exception of the area closer to the
parking lot, which is closer to the administration area.
But with that, I yield the rest of my time to other zoo speakers.
Thank you.
MR. MITCHELL: Paula Brothers will be followed by Rocky
Scofield.
MS. BROTHERS: Yes. Good morning. My name is Paula
Brothers, and I am the president of the Naples Zoo Board.
It's my pleasure to be able to address the Board of County
Commissioners as a representative of 17 volunteer members of the
board of the zoo. Many of my fellow board members are here; some
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June 26, 2012
of them you've met. I would ask them all, please, to stand.
They also do not receive a paycheck. They are not running for
public office. They are doing what they do for the zoo out of the
goodness of their heart. They share their talents, their financial
wherewithal, their advice, sometimes too willingly, but share their
advice for the betterment of this attraction for the Naples community.
Let me clarify. At our May 17th meeting, as a board we voted to
recommend and support the alternative options of B and D. This was
a decision that was re- confirmed last Thursday when we met again as
a board. It is a decision from which we have not waived.
It is shocking to me to be told that we had information prior to
about 4 o'clock yesterday about any alternative to Option D.
I received the information from an individual who received it
from a commissioner who had received it rather late.
We have not, as a group, had an opportunity, nor did my fellow
board members even know of this option until this morning, but did
not have an opportunity to ask any questions, to see what was being
presented, to have it vetted.
I think it is -- this is personal on my part, but I think it is
presumptuous to have excluded the stakeholders who have spent years
on this project and have been whisked away by what seems to be
almost a self - serving effort on the part of a very small group of people.
I am all for looking for the options that are available; however I
think that we have, with Options B and D, good, vetted, and
permitable options that we can consider. Both options of B and D
offer important benefits that include the safe access to the zoo and the
greenway and -- as well as a beautiful and enhanced pond feature at
the main entrance.
I know you've heard this before; I will say it again. Our intention
was never, nor was the county's, to pave over the pond. It maybe
sounds good, it maybe sells well in the newspaper, but that was never
the intention.
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June 26, 2012
As one of the many partners in the greenway project, the Naples
Zoo appreciates the considerable time that has been put into this effort,
both by the commission as well as the county officials, to bring us to
this point.
We are looking with Option B -- D, modified, as I see it, as a
concept. We are looking at the other options as things that have been
thoroughly vetted and have been looked at by many eyes.
I would caution that it is only fair that everything be considered
equally and that this is rushing to get to a point by entering this at such
a very late date when all parties have not had an opportunity to be
involved in knowing any of the particulars other than what the
gentleman at Grady Minor has shared with us this morning.
I would encourage the commissioners to please consider Options
B and D, which is what the Naples Zoo board did vote on. It would be
out of place for me to even comment on the other option of D,
modified; as we, as a group, have not discussed this nor, as I said, did
we have the opportunity getting it so late yesterday.
As far as individuals thinking that they were not aware of what
the zoo chose as far as options to support, as I said, we made this
decision at our May 17th board meeting. I believe there was a rally
for the pond on June 9th. It should have been pretty well apparent
since we had both of those options available. To say that this was
made available to them on Wednesday is a slight misstatement.
And, unfortunately, I have to say that a number of things that
have been mentioned have been -- misstatements is very -- perhaps the
nicest way to say it. We're having words put into our mouth. I'm
having words put into my mouth. It is not the way I think that we
should be operating.
So I would hope that you will consider, as I said, the Options B
and D that the zoo board did recommend and support as good, vetted,
and permitable options.
Thank you.
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June 26, 2012
MR. MITCHELL: Mr. Scofield will be followed by Matt
McLean.
MR. SCOFIELD: For the record, Rocky Scofield, a member of
the zoo board. And I'm not going to tell you how long I've been a
resident here.
I would just say that I support B and D. I found out last night,
about 9 o'clock, about the Option D with the modifications.
It may be a workable solution. I don't know that yet. If it does
not cost us any more money, if it reduces costs, if it does not take up
any more zoo land, then I would say that's something we could look
at. And I would support doing that. We have not done that at this
point.
You know, the zoo's intentions -- you know, we've been on -- I've
been on this board for six years now, and it's never our intention to
hide anything from the public. It was never our intention to pave over
a pond. The rhetoric that's been used, yet, sells well.
I heard this morning that -- it was brought up the zoo is just a
bunch of animals in cages, and that kind of language, to me -- and I'm
sure doesn't sit well with David Tetzlaff and his family. That zoo is an
incredible place, as you all know. It's incorporated the Caribbean
Gardens into it. It's one of the nicest places around of any of the zoos.
I just -- I just want you to know that we work hard. All the
people that donate their time to the board of directors know, the
people of the zoo, it's a long and arduous thing.
So we just ask you to carefully look at these options, and we'll go
with your decision.
MR. MITCHELL: Mr. McLean will be followed by David
Tetzlaff.
MR. McLEAN: Thank you, Commissioners. Matt McLean. I'm
the president -elect of the board of the zoo. I appreciate you allowing
us the opportunity to speak today.
This has been a wonderful process. It's been encouraging. It's
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June 26, 2012
been enlightening. It's been, you know, a continuous thing that
continues to challenge my personal brain, and I appreciate that greatly.
I also have been a long -time resident of Naples. As a kid I was
going to the zoo, and now my kids go to the zoo. We love the zoo.
And, quite frankly, that's why I'm involved on the board of directors of
the zoo.
I can also tell you that you've heard from my fellow board
members today that we have not had the ability to review Option D,
modified. So, quite frankly, we can't be in a position to tell you today
whether or not that particular option is a good option or a bad option
or a workable option. We do need that ability to look at that particular
option. I personally received a copy of that option late last evening
for the first time.
I am very concerned with respect to the location of how the dry
detention is laid out in Option D, modified. I think it's important to
realize and recognize that the ponds that we're all trying to save,
collectively together here -- I think that's a good thing, "collectively
together" -- but that those particular ponds will not be counted in the
water management engineering design, so that water management for
the particular road network is going to have to go somewhere else.
You know, the Option D that the board of directors supports, we
recognize and see where that dry detention is, and now for the first
time we're seeing additional dry detention that may impact areas
potentially within current zoo operations or potential areas where the
zoo operations may be able to expand into the future.
We just haven't had the time, quite frankly, to vet that, and
neither has the Gordon River Greenway Stakeholders Group. And I
would be remiss if I didn't mention and reiterate that this particular
group of individuals, of which I'm also a member in the Gordon River
Greenway Group, hasn't had the ability to vet Option D, modified, as
well. It may be the solution. Unfortunately, we just haven't had the
ability to review that yet.
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June 26, 2012
So you guys have an interesting challenge today. We greatly
appreciate your ability to allow us to come out and speak today. I am,
you know -- I see -- Commissioner Hiller, I see you have a question.
COMMISSIONER HILLER: I do, if I may.
If -- you know, I've modified my motion on Option D, modified,
to say that Option D would -- as modified, would have to allow for no
interference with zoo operations, no additional land for -- taken for
water retention, and that it would be at a reduced cost over Option D.
If I added "subject to the zoo board's approval and the Gordon
River Greenway Group's approval," would that satisfy your concerns?
Because that would basically make this subject to, you know, your
approval. You go back, you review it, you make the determination
that that works, and then Option D, as modified, you know, becomes
effective on the conditions that I presented. It basically preserves your
ability to review it and approve it.
MR. McLEAN: I could speak on behalf of myself as the board --
as a member of the board of directors of the zoo. You've heard our
members of the board of directors of the zoo indicate that they haven't
had the ability to review that. So I believe that condition would allow
that.
COMMISSIONER HILLER: Okay.
MR. McLEAN: I can only speak as a member of the Gordon
River Greenway Stakeholders Group. I, obviously, am only one
particular member of that ad hoc group. I would suggest that possibly
maybe you should couch that same question to Ellie Krier --
COMMISSIONER HILLER: I will.
MR. McLEAN: -- and some of those other folks that have been
so passionate and volunteered their time for decades to try and get this
greenway project to move forward.
But I think that that would certainly suffice from the board of
directors of the zoo's perspective.
COMMISSIONER HILLER: Wonderful. Can I ask the same
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June 26, 2012
question of Ellie?
Ellie, if I made my motion conditioned to the review and
approval of this option by the Gordon River Greenway Stakeholder
Group, would that be acceptable?
MS. KRIER: I have even less latitude than the member of an
existing board. I just facilitate process, and I am aware of several
people who object to at least one condition that's been put on. So I
think it would have to go back to them. I could not speak for them.
COMMISSIONER HILLER: And this would be doing exactly
that, that it would be subject to your group's approval.
MS. KRIER: I understand your intent. I can't speak for them to
say that that would meet with their agreement.
COMMISSIONER HILLER: Okay.
MS. KRIER: Sorry.
COMMISSIONER HILLER: That's okay.
COMMISSIONER HENNING: I'm going to second the motion
so we have something -- a placeholder.
MR. MITCHELL: The next speaker is David Tetzlaff. He'll be
followed by Bruce Anderson.
MR. TETZLAFF: Mr. Chairman, Commissioners. I like having
the zoo's name in the paper every day. Just proves there's no such
thing as bad publicity. We're having a record year. So thanks,
everybody.
And I want to thank staff, Leo, everybody, Steve, Barry, you
guys on the dais for your patience. I mean, this process has been
exhaustive at the very least. Sometimes I forget I'm running a zoo.
I'm also pleased that a greater percentage of our board is here
today, and I think this demonstrates to the community, this is not the
Dave show, it's not the Tetzlaff show. I work for these guys, and I
think this is a wonderful demonstration of that fact and their
knowledge and their commitment to the process.
Also, I'd like to clarify that it keeps getting stated and restated
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June 26, 2012
that the $41 million purchase back in 2004 was for the zoo. What the
residents -- what Collier County residents got with that was a 45 -acre
zoo and 68 acres of green space, and that's been lost in this process,
that you've got more green space than you've got zoo. So I just
wanted to remind everybody about that.
In the past two years, from Alabama to Africa, I've been to 30
facilities. We have one of the best zoo entry experiences out there
already. And B or D would only make that better.
And back to why we're even here is that this process has been
going on for seven years now. I went back to look at my first emails.
They go back seven years when this process started and the zoo
became a partner with the greenway and with the county process.
And we were excited about it from the very start because it's
allowed us to have a new driveway and allowed us to have a new
parking lot, because the zoo is a success story. In the last decade we
have doubled our attendance, and parking has not changed. So this
whole process allows us to double our parking.
Last year we had 326,000 visitors. Most days in season, on our
12 free days, people are parking across the street. We don't want that
to happen. We need safe ingress and egress for our visitors.
And, again, thank you, and please consider B or D. Thank you.
MR. MITCHELL: Bruce Anderson will be followed by Bob
Krasowski.
MR. ANDERSON: I waive my time.
MR. MITCHELL: Bob Krasowski.
CHAIRMAN COYLE: Are you waiving your time for Bob
Krasowski?
MR. ANDERSON: No.
CHAIRMAN COYLE: Okay.
MR. MITCHELL: And he'll be followed by Bill Barton.
MR. KRASOWSKI: I'll remember that, Bruce. Good afternoon
-- good morning, Commissioners.
'.:- 6 1
June 26, 2012
I can't read the small print up here, and I'm interested to know
what these areas are, these -- they look like concrete. This is --
MR. OCHS : They're dry retention.
MR. KRASOWSKI: No, this up here and --
CHAIRMAN COYLE: Those are dry -- those are dry retention
pond or areas.
MR. KRASOWSKI: Oh, okay. Dry retention.
Okay. Well, here. Let me throw in my 2 cents. I am considering
Plan K for Bob, for Krasowski.
The zoo is just great. I love it. I -- like so many other people
here we've -- it's part of our life that we've experienced in Naples. It
still is wonderful. It's a great place to go. I've had my kids on the
bridge. I'm as thrilled with the fish and turtles as they are.
And just the other day, a couple weeks ago I was there, and there
was a big burly guy with his son, and he had his head under the rail,
and they were both hanging over there. So it's very dynamic.
So what I would suggest is that we keep the bridge, we make a --
and I'll show this by pointing out -- we make a T intersection right
here, okay, at the entrance, because I think for the zoo, the zoo should
have its own entrance. I'm not with having everything going through
the Conservancy entrance.
And then bring the road a bit closer to Goodlette Road with some
really nice ornamental trees and whatever to kind of buffer the zone,
and then when you go in you make a right turn into the zoo parking, or
you can go forward to the T and make a left into -- get rid of that pond
there, the pond on the left, which now would cover what is existing
gravel parking, and then let people park there, and then they can walk
over the bridge. We keep the bridge. So that would be an option.
I think that you might be putting this back to the various
stakeholders, who I highly respect. It's quite a collection of people.
And if they do take this back for consideration, I'd like them to
consider what I've just suggested as well, not to complicate things, but
June 26, 2012
to contribute to the discussion. Yeah, not to complicate, yeah.
So thank you for the opportunity, and I hope it works out well for
everybody.
CHAIRMAN COYLE: Thank you, Bob.
MR. MITCHELL: The next speaker, who is also your last
speaker, will be Bill Barton.
MR. BARTON: Good morning, Commissioners. For the record,
my name is Bill Barton. And although I am a member of the board of
directors of the Southwest Florida Land Preservation Trust, as Ellie
Krier made mention earlier, that trust has made an observation that
their position really should remain neutral, so the comments you hear
today are strictly my own opinion and do not necessarily reflect the
position of the land trust.
I began to study the various options and did, indeed, attend a
couple of the stakeholder meetings and came to the conclusion
sometime a week or so ago that I was very much in favor of Option D.
And I made the Land Preservation Trust Board aware of that at our
last meeting, which was last Tuesday. I continue to hold that position.
I really don't have opposition to the Option D, modified. In fact,
I kind of like the increased water area on the north side of the entry
road; however, I do have one serious problem, and that is the
condition that's been posed -- imposed upon Modification D or Option
D, with modifications, and that is the foreclosure of any kind of
vertical hardening on the shoreline.
Every decision we make when we design these -- and I think
most of you -all are aware that I spent a profession designing these
kinds of things. Every decision we make has consequences. When we
move to a slope all the way around the ponds, those ponds are going to
shrink dramatically in size.
If you look at the little plan I gave you, what I sketched out there
was the north pond. And you'll see what I refer to as top of bank, and
then you'll see what I refer to as water's edge. And the reason for the
June 26, 2012
difference there is the sloped embankment. And I'm using a
three -to -one slope, which is as steep as you're allowed, and
anticipating a 3 -foot vertical drop between the top of bank and the
water surface.
What that does, if you look down at the left -hand corner, that will
shrink the area of the pond from approximately 9,000 square feet to
5,000 square feet. These are already very small ponds. That's
troubling to me.
I think the judicious use -- I don't like to see it hardened all the
way around. But the judicious use of some vertical elements around
certain portions of that pond so that we can expand the surface area of
the ponds is, in my opinion, very important.
That's what we want to see is water. We're taking a lot of the
water away if we eliminate out of hand all of the vertical components
along the shoreline. I think that's a mistake. I'd like to see the
commissioners give instructions to use it judiciously so that it will
enhance the end product. Simply eliminating it, in my opinion, takes
away from the end product.
Thank you very much for your time.
CHAIRMAN COYLE: Thank you, Bill.
That was our last speaker?
MR. MITCHELL: Sir, that was your last speaker, but I'd just
like to mention to staff that the Option D. modified, we do need the
documents to that for the court reporter.
CHAIRMAN COYLE: Get them to you tomorrow.
Mr. Barton has made a very, very good point, which is the reason
for my concern over Option D, modified. It is deceptive both from the
standpoint of the size of the ponds and from the standpoint of cost.
And I'll give you some examples.
Number one, most of the people, maybe all of the people who
want to preserve the ponds, I believe, want to have natural looking
ponds. They don't want to have a square pond with -- or acute angles
June 26, 2012
on their pond. It needs to be natural. When you take the ponds that are
shown in Option D, modified, and you try to make them natural, you
reduce the size.
Now, one of the reasons that we're able to reduce the cost under
Option D, modified, is because we remove the retaining walls, the
walls that form the side of the lake, which permit you to get deepwater
fairly close to the road.
So if you eliminate those and save the cost, you do exactly what
Mr. Barton has said. The slope is -- has to be so gradual that the pond
decreases by almost 50 percent. So Option D, modified, as it is
presented in this conceptual plan, is very misleading.
The other thing is you will notice that the dry retention areas that
are identified on the top part of this conceptual plan are linked all the
way along, north from south. Now, what is that link going through the
existing pond there? Are we going to excavate and put a drainage
pipe through that existing pond to link those areas? What is that? I
don't know. But it -- we've been told it is all conceptual.
Well, I'll tell you the cost is conceptual. It's very, very
conceptual. And what you're going to get is not what's on this
diagram, and we need something that is accurate that meets everyone's
needs.
And I am concerned that many of the things which have been
discussed in this Option D modification will have unintended
consequences that the very people who are supporting them right now
will not be satisfied with when it's finished, because it's going to be
smaller. And I think Option D, we can get to the same place.
I would be willing to vote in favor of making the northern pond
all water retention under Option D, but I -- I think -- excuse me -- that
we have to give some consideration to judicious use of walls in some
cases so we can maximize the water feature itself.
But that's up to -- in my opinion it's up to the stakeholders to get
something that is acceptable.
June 26, 2012
But I am saying to you that this conceptual modification, as it is
presented to you today, is deceptive both from the standpoint of cost
as well as from the size of the ponds that you're likely to get.
And I don't want to spend money doing that and then find out
that we have people who are not happy and they get something they
didn't really expect.
So, Commissioner Fiala, you're next.
COMMISSIONER FIALA: Thank you very much.
It's interesting, because I was going to go somewhere along that
same line to say that I was concerned with, by removing the bulkhead
-- which it's great to save the money. I think that's really great to save
the money except that would we have erosion and then would the
ponds start silting in?
Not only that, in Lakewood -- we have little lakes in Lakewood.
And one of the things -- we have no idea where all the tilapia came
from, but all of a sudden we have tilapia who are eating the roots of
the grasses around the lake, and as they do that, they have to dig
through the mud. So then what's happening is we've got erosion into
the lakes as they -- in fact, one lady's trees are going into the lake now
because there's been so much erosion there.
So I think these -- what I'm saying --
CHAIRMAN COYLE: You can solve that by eating the tilapia.
COMMISSIONER FIALA: Well, they won't let us fish in there.
Anyway, this all goes to point out -- first of all, I think everybody
-- regardless of who is sitting here, everybody agreed that they liked
both of the options, and it seemed that as long as D was something
that the ones -- the pond people were especially happy with,
everybody else is happy with that too. So without question, we want
to save the ponds, and we feel D is a good way.
I think it's only fair -- and that's, you know -- you know me, it's
only about fairness. I think it's only fair to give the modification to D
to the stakeholders to study and let them see what's going on, and then
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June 26, 2012
-- and then come back to us. I think that they're going to find most
everything in D is acceptable to them, too. They're just kind of stuck
in limbo right now because they don't know what it says.
And like Bill Barton brought out, you know, if it's something that
wouldn't work, gosh, the pond people would want to know that,
because they're trying to save the pond. But we won't know that until
we study it. I think that all stakeholder groups would feel better
participating in it.
And so, again, I go back to saying, I'm happy to -- I realize I
don't have a right to make any motions, but happy to absolutely
approve Option D, because that's the way to go. We all agree with
that. But we think that we ought to take the modification back, study
it, and bring it back at the next meeting to add it.
So those are my opinions. Thank you.
CHAIRMAN COYLE: Okay. Thank you very much.
Commissioner Hiller?
COMMISSIONER HILLER: Thank you.
Mr. Barton, could I ask you a few questions? I want to thank you
so much for taking the time to do this diagram. It was very
educational. I think it highlighted a very important point.
MR. BARTON: Forgive how rudimentary it is. It was produced
between 5 o'clock and 6 o'clock this morning.
COMMISSIONER HILLER: Oh, it's remarkable.
Could you give us a little more detail on how much hardening --
because as I heard you say, you were in favor of Option D, as
modified, with the recommendation of providing some hardening but
obviously not, you know, fully all around, just whatever would be
necessary to preserve the shrinkage that you're describing.
How much do you think would be needed? And, you know, I
don't want to put you on the spot, but you do have tremendous
experience. Just a sort of ballpark range of what the additional cost
would be to do what you're suggesting.
June 26, 2012
MR. BARTON: Well, I'm not sure I can help you very much
with that, because it depends on so many variables and that's,
candidly, why I don't want to see the commission foreclose the
opportunity.
COMMISSIONER HILLER: Got it.
MR. BARTON: I don't know, without really sitting down and
studying this, what the end product ought to look like. What would it
increase the cost? It depends on so many variables. As a for - instance,
I would like to see it made out of wood, because wood would be a
much more pleasant and aesthetic -- it's not the right place for
concrete.
So then you're dealing with a -- when you use wood, you've got
to put a filter fabric behind it to keep erosion from going through the
joints in the wood.
I think that the cost that the county had for Option D probably
would not be exceeded. That is to say the amount of vertical wall that
they used probably is going to be okay. I wouldn't necessarily put it
where they had it. I can see using spots of it around the edges. And
keep in mind that if you want to get rid of the vertical aesthetic
element, it's very easy to plant aquatic vegetation in front of this wall
that will extend up and interrupt the view of it. You can also put
vegetation that will hang over the wall.
And, once again, the wall can almost disappear, but you still have
the advantage of creating a larger surface area for your pond.
COMMISSIONER HILLER: That's --
MR. BARTON: And that's really my goal and objective is to end
up with something that is extremely attractive. And these ponds are so
small to start with, we can't afford to shrink them --
COMMISSIONER HILLER: Right.
MR. BARTON: -- in that effort one.
COMMISSIONER HILLER: I appreciate your description, and I
share the same goal as you.
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June 26, 2012
As the broker, if you will, between these parties which is what,
you know, you and your organization is in this situation -- you know, I
had made the motion, which you heard me reiterate earlier. Would
you recommend that we make the motion and allow Option D to go
forward subject to approval by board, or would you rather see this
continued and allow the various groups to continue negotiating on
Option D, modified, and bring it back? What would you see as the
best way to proceed as the broker?
MR. BARTON: Frankly, we've taken a long time, and we all
understand we want to bring this to a conclusion, but taking another
30 or 60 days, I think, may be very worthwhile, and perhaps then we
can come back as a joint and united stakeholder. Right now we've got
some --
COMMISSIONER HILLER: Division.
MR. BARTON: -- division today. That division could go away,
I think, with a little bit of additional time in looking at it.
As I said earlier, Option D, modified, for the most part, I really
don't have problems with. In fact, there's elements in it I very much
like.
COMMISSIONER HILLER: Great. Then I don't want to have
this thrown out by us making a decision today that Option D is the
option we should all go forward with based on your professional
opinion. And as the broker, I'm going to modify my motion, again,
taking your input, because I've assimilated everything that everyone
has said.
And, Commissioner Henning, if you would support me on this, I
would like to do what Mr. Barton recommended, and that is continue
this to allow the stakeholders get together to work on Option D,
modified, with your guidance to bring it back in, you know, 30 days.
I mean, we could -- our next meeting is July --
MR. OCHS: 24th.
COMMISSIONER HILLER: -- 24th -- if you want, or is that too
I
� , • - . .
June 26, 2012
soon, or would you rather bring it back in September because --
MR. BARTON: I think so much work has been done on this that
with a little bit of expeditious effort, we could be back here.
COMMISSIONER FIALA: She modified, and I agree, and I'll
second that.
COMMISSIONER HILLER: Yes, thank you. So do I have two
seconds?
COMMISSIONER HENNING: You have two seconds.
COMMISSIONER HILLER: Awesome. So I'm going to modify
my motion to that end, that you bring it back on the 23rd (sic) and that
is -- I'm sorry, on the 24th to review Option D, as modified, and, you
know, bring back hopefully a consensus position where everybody's in
agreement.
MR. BARTON: And some of the things I hope we can do, as
Commissioner Coyle pointed out, these kinds of sketches -- and that's
really what they are -- can be very misleading. What we've got shown
on this exhibit is the water as though it's at the top of bank. That's not
what it is. And we need to get back so that the exhibit more reflects
reality rather than a pretty picture.
COMMISSIONER HILLER: Right. But I think you're actually
building consensus. I see all these nods from all these groups. So --
well, that's my motion with two seconds.
MR. BARTON: Thank you.
CHAIRMAN COYLE: Okay. Then, Commissioner Henning, go
ahead.
COMMISSIONER HENNING: Real quick. If we could take a
look at Option D on the northern pond. You actually have a wet
retention and a dry retention. And if we can accomplish more of a
water feature in the entrance to the greenway, the zoo, and somewhat
the Conservancy, which I believe is more of the centric and the center
of population, what a feature for not only our residents but our
visitors, too.
June 26, 2012
You know, the -- I remember the campaign on saving the
Fleischmann property. It's a passionate issue, and it's because
everybody has that experience.
And, you know, again, both of my sons had that experience not
only at the pond but the zoo. And I met with David and -- last week
and brought my son along. And we left there, and he says, "You
cheated me." My son said I cheated him because we didn't stay long
enough.
CHAIRMAN COYLE: Okay. We have a motion to continue
this until our meeting in July by Commissioner Hiller, second by
Commissioner Henning.
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.
Now, ladies and gentlemen, we get to do this all over again one
month from now, and you get to come back and say the same thing
you said then. Okay.
COMMISSIONER FIALA: Betty, it was so nice seeing you.
COMMISSIONER HENNING: I don't know if we're going to
have time for this next item.
CHAIRMAN COYLE: Yeah, we're -- I'm sorry.
COMMISSIONER HENNING: I don't know if we're going to
have time --
MAYOR SOREY: We should be able to finish it in three
minutes, Commissioner Coyle.
COMMISSIONER HENNING: No, I don't think so.
June 26, 2012
CHAIRMAN COYLE: Yeah. We don't have anything we can
finish in three hours around here. We're breaking for lunch. We'll be
back here at 12:56.
(A luncheon recess was had.)
CHAIRMAN COYLE: Ladies and gentlemen, Board of County
Commission meeting is back in session.
Where do we go from here, County Manager?
Item #1113
RECOMMENDATION TO APPROVE AWARD OF CONTRACT
#11-5772 FOR FINAL DESIGN, BID, AND CONSTRUCTION
SUPPORT SERVICES FOR SOUTH MARCO ISLAND BEACH
RENOURISHMENT AND REBUILDING OF THE FIVE
EXISTING EROSION CONTROL STRUCTURES TO COASTAL
ENGINEERING CONSULTANTS (CEC) FOR THE NOT TO
EXCEED TIME AND MATERIAL AMOUNT OF$98,762,
AUTHORIZE THE CHAIRMAN TO SIGN THE STANDARD
COUNTY ATTORNEY APPROVED CONTRACT — APPROVED
MR. OCHS: Mr. Chairman, we go to 11B. It was an 11:30
time - certain. It's a recommendation to approve award of Contract
11 -5772 for final design bid and construction support services for
South Marco Island Beach Renourishment and the rebuilding of the
five existing erosion - control structures to Coastal Engineering
Consultants for a not -to- exceed time - and - material amount of $98,762,
and authorize the chairman to sign the standard County Attorney
approved contract.
Mr. McAlpin is here to present or respond to board inquiries.
CHAIRMAN COYLE: Okay. Mr. McAlpin?
MR. McALPIN: Thank you, Mr. Chair. For the record, Gary
McAlpin, coastal zone.
Page 91
June 26, 2012
What we are here -- what we would like to do is move forward
with the final design, the bidding, and the construction support
services for both the Marco Island renourishment and the rebuilding of
the five existing erosion - control structures, Mr. Chair.
You've heard this item twice before. The -- and on the April 10th
meeting of this year, you asked us to come back and bring a contract
back to you. That's what we have done here. This contract has two
portions. The first portion for the design breakdown is for the beach
renourishment. That's 43,748 on a time - and - material basis, and the
second portion of this contract, Mr. Chair, is for $55,016, and that is
also on a time - and - material basis, and that's to rebuild erosion - control
structures.
Both the Coastal Advisory Committee and Tourist Development
Council has approved this item. And I'll be happy to answer any
questions that you have.
CHAIRMAN COYLE: Okay. How many public speakers do we
have?
MR. MITCHELL: Five public speakers.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: Motion to approve.
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Motion to approve by Commissioner
Henning, second by Commissioner Coletta.
Let's call the first public speaker.
MR. MITCHELL: The first speaker is Bob Krasowski, and he'll
be speaking six minutes because Janet Krasowski has ceded time.
COMMISSIONER FIALA: Who has? Who ceded time?
COMMISSIONER HILLER: His wife.
MR. MITCHELL: Jan Krasowski.
COMMISSIONER HILLER: She's sitting right there.
MR. KRASOWSKI: Good afternoon, Commissioners. Good to
see you again. My name is Bob Krasowski, for the record.
Page 92
June 26, 2012
There's a couple points I'd like to make, and I'm appealing for
your consideration for a slight modification of either this, the Marco
Island contract, or the next one you're going to see, the Naples Beach
contract.
But here I have on your -- in front of you or in the overview, is
out -- a page out of your Collier County Conceptual Renourishment
Project Analysis. This was the main document that we've been
looking at over the last couple months.
And as Page 34 -- and as you can see, it identifies a sand source
at Cape Romano of 900,000 cubic yards, and then a second sand
source of 2 million cubic yards. Now, this sand source is in Florida
state waters, not in federal waters.
So what I'm suggesting and hoping we'll -- you'll agree to do, is
to -- within this contract or the next contract, expand the workload for
the contractor and have them evaluate the use of the Cape Romano
sand source for -- I don't know if they're going to use them on the
Marco beaches. I think that's being dredged out of Caxambas, but I'm
not totally sure -- but to evaluate these for the use of this sand source
to -- because -- since we have the dredges down there already -- and to
be used to take care of part or all of our Naples Beach Renourishment
Program, which we could initiate this year, not wait an entire --
another winter season and another summer season, and then get into
the 'I V1 4. There's not going to be any beach left if we wait that long.
So we go and take this Cape Romano sand. You can also see on
the chart below that that the millimeter grain size of the Cape Romano
sand source matches most of the beach projects, renourishment beach
projects there, which is an important consideration. So I'd just appeal
to you to do that.
Also, if we use this, at least a portion of the -- and maybe all of
the mobilization cost will fall under reimbursement from FEMA,
because we have the FEMA money that's not only for Marco but for
the Naples beaches, and so that would cover mobilization and some
Page 93
June 26, 2012
portion of the sand that's already been identified.
Of course, there's no guarantee we'll get the FEMA money, but if
it's available, we should certainly take a look at it. And the longer we
wait, the more disasters are going to happen, like what just happened
yesterday, you know, over the last couple of days. So we should not
hesitate.
So I think it's very prudent to keep an analysis -- this analysis in
our overall plan. I've -- I believe what I've been told in the past, that
you have set up this 10 -year umbrella project which, over -- which
considers all options, but within that you'll move according to your
budget and according to -- excuse me, I'm sorry -- according to your
budget and according to the various strategies that are presented after
Gary and his people do this analysis that's contained in the contracts
already, and then we can refine exactly what it is that -- specifically
what we're going to do.
But -- so -- also, I'll say one other thing, because I don't want to
confuse it too much, but the -- I have here the biological opinion that
allows us to renourish year- round, and there's conditions on that, and
one of the conditions is that we -- at least with one of the agencies, is
that we avoid sea nesting season -- sea turtle nesting season to the
maximum extent practicable, which means doable.
If we move sooner than later and have two seasons to renourish,
given the economic situation, too, I just described with FEMA, we're
being practicable. We're doing the best we can to try to avoid nesting
season. But if we do that, we're not going to worry about that,
because we'll have accomplished the renourishment without going into
the turtle nesting season.
And I know there's an interest in a strategy that includes the
Captiva Island and maybe Long Boat Key and working together with
us; we could probably still pursue those, maybe the '13/'14 season
when we will look at renourishing Barefoot Beach, you know, that
stretch, if we break things up.
June 26, 2012
But, essentially, I'm asking you to include the evaluation of that
Cape Romano sand source into this workload for -- so thanks a lot for
your attention to my comments.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. You know, you bring up some
really good points. And you're right, I think time is of the essence,
especially for some of those beaches in the Naples area, because
they're already very, very eroded, and we've got to build them back up
or it's now going to start taking down trees and houses and so forth.
And a friend of mine was on the Fort Myers Beach yesterday,
and he was saying that, he and his wife were there, the water was
coming up so far it was coming to the houses, and all of the turtle
nests along there were totally flooded.
And so that -- you know, avoiding turtle nest season is a good
idea, but not to the point where the waters are killing all of the turtles.
So my question is -- you were comparing sand grains. Is the sand
compatible from Romano -- from Romano -- what do they call it,
Romano --
MR. KRASOWSKI: Cape Romano.
COMMISSIONER FIALA: Cape Romano -- to be put on there.
You know, I don't know that and I don't know that you know that, but
I mean, maybe we ought to consider that right away.
MR. KRASOWSKI: Well, I think we can -- I believe it is
compatible, but what I'm asking is that as part of this work your
engineers and the people that are going to get this contract include that
analysis of it. They'll show us what it is -- I believe it is.
But, you know, the thing about the turtle nests getting washed
away, that shows us two things. We better get the beaches in shape so
the turtles have a place or else, like you're saying, it's going to wash
over the barrier islands, you know, all sorts of people.
And then the other thing is --
(Cell phone ringing.)
tm"
June 26, 2012
MR. KRASOWSKI: What is that, Christmas or something?
The other thing is, though, the turtles have taken quite an impact.
It's scientifically proven that there's a certain effect for a year or two
after beach renourishment on the turtle egg laying population.
So after what they've experienced this year, we don't want to put
additional stress on them. And if we can expand the window, start at
'12, go through '14 , we have more room to wiggle in, and it's just a
better deal. I know it's a little contrary to what Gary and -- but I think
when we work together, we get broader ideas. And what you've done
so far with your staff has been a lot of good stuff.
COMMISSIONER FIALA: And we certainly didn't expect all of
this type of weather either.
MR. KRASOWSKI: No, you never do, and --
COMMISSIONER FIALA: You know, that might be a
consideration. Thank you.
MR. KRASOWSKI: Okay. Thank you.
CHAIRMAN COYLE: Commissioner Henning, do you want to
wait till after the speakers?
COMMISSIONER HENNING: No, no. We have -- I believe
this item is for the South Marco Island beach renourishment. It makes
sense to pull that out from the pass to put dirt on that; however,
Commissioner Fiala, you're spot on on Naples Beach and particularly,
North Naples.
I have a lot of concerns, like you expressed, but even more
concerns is, what are we going to do for the winter residents or the
visitors who come in the winter when there's no beach there?
So that's why I made a motion quickly for this one. I think it's a
no- brainer; however, I think the next item is the concern.
COMMISSIONER FIALA: Okay. Did you get your second on
the motion?
COMMISSIONER HENNING: Yes, we do.
COMMISSIONER FIALA: Good. Okay, good. Yeah, we could
0-me
June 26, 2012
finish that one up then and move on.
CHAIRMAN COYLE: Okay. Commissioner Hiller?
MR. MITCHELL: The next speaker is Peter Tierney.
CHAIRMAN COYLE: We have other speakers. You want to
speak first, Commissioner Hiller?
COMMISSIONER HILLER: Yeah, I would like to.
With respect to this Marco issue, I really appreciate what you
said about pulling sand out of Romano, Cape Romano.
Commissioner Henning, would you willingly modify your
motion to include that in that contract, that that be explored to see if
that's an available source of sand that could be --
COMMISSIONER HENNING: I'm willing to remove my
motion; however, I want to hear from our staff on that issue. Again,
my issue is not Marco Island south beach. My issue is on the north
end. But if we can save some money and do them all from a sand
source --
COMMISSIONER HILLER: That's local.
COMMISSIONER HENNING: -- that's local, yes. I just don't
know.
COMMISSIONER HILLER: And this solution would suggest
that.
Commissioner Fiala, I mean, it does tie in with what you were
saying, and that is, you know, we would like to see the critically
eroded beaches in the south done as quickly as possible. If we can
reach into Cape Romano now as opposed to waiting to 2014 and pull
it from Sanibel, it does make sense and would probably save a lot of
money.
COMMISSIONER FIALA: But this is supposed to be done this
year, by the way, this south Marco.
COMMISSIONER HILLER: Right, exactly.
COMMISSIONER FIALA: And the biggest part of construction
dollars for the Marco beach is really the rebuilding of the structures.
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June 26, 2012
There's -- so, you know, the sand isn't going to affect that as much.
There's only just, I think, like a fourth of it that's actually in sand. So
-- and I don't know, maybe they're getting the sand right from around
that beach right there, so it would be too far to go to Cape Romano in
order to pull the sand there, because they've got it right offshore.
COMMISSIONER HILLER: The -- can you help me with that,
Bob? Can you come back and explain why you feel that the Cape
Romano sand can be used on the Naples Beach.
COMMISSIONER FIALA: No, I'm not talking Naples Beach.
I'm talking Marco. We're talking Marco.
COMMISSIONER HILLER: Right. We're talking Marco, but I
think -- could you clarify your position?
MR. KRASOWSKI: These are either /or contract.
COMMISSIONER HILLER: No. Let's stay focused on this
contract.
MR. KRASOWSKI: Oh, okay. On the Marco.
COMMISSIONER HILLER: We're only talking about Marco.
We're not talking about any contract except the Marco contract for
now.
MR. KRASOWSKI: For now.
COMMISSIONER HILLER: So just focus on that and explain
your position on that.
MR. KRASOWSKI: Okay. The reason I thought we could
embed it in the Marco contract is because we have -- we're setting up
the equipment to do Marco, the dredges. So when you put out -- after
this engineering, they're going to also put out the requests for
proposals. So the request for proposal should contain, dear dredgers,
you know, please include the potential of the strategy of using Cape
Romano sand up along the Naples beaches.
So -- but -- and it's more likely, if you do sooner than later your
FEMA work, which the Marco will benefit from -- and also the FEMA
monies are for mobilization -- so if you -- if you start with your ' 12/' 13
0- • �7
June 26, 2012
program, which is in, like, November, you can do Marco with
whatever sand Marco is supposed to get, Caxambas Pass, or -- you
know, so that works. You get Marco done.
And then the -- setting up the infrastructures from Marco is sort
of a separate item, you know. But we're talking about the dredging of
the sand, adding a workload to that dredge, which has the potential to
be FEMA paid, and then taking that sand and addressing hot spots or
super problematic areas, you know, the beaches by the hotels.
So that's why I kind of focused first on using the Marco contract
or --
COMMISSIONER HILLER: So, essentially, what you're saying,
given that we've already mobilized the dredge and it's --
MR. KRASOWSKI: FEMA paid.
COMMISSIONER HILLER: -- and it's being funded by FEMA
MR. KRASOWSKI: Potentially.
COMMISSIONER HILLER: -- we can actually expand on that
project because the dredge has already been in place, we've already
paid for the mobilization, pull sand out of Cape Romano, and
renourish the south Naples beaches.
MR. KRASOWSKI: Uh -huh.
COMMISSIONER HILLER: And do that now as opposed --
MR. KRASOWSKI: Or Vanderbilt beaches --
COMMISSIONER HILLER: Right.
MR. KRASOWSKI: -- depending on which one's in worse
condition.
COMMISSIONER HILLER: As opposed to waiting to 2013/'14,
which makes a lot of sense.
MR. KRASOWSKI: Exactly, yes.
COMMISSIONER HILLER: And I don't see any reason why we
-- why that shouldn't be explored in --
MR. KRASOWSKI: Gary might be able to tell you a few.
June 26, 2012
COMMISSIONER HILLER: -- this current contract.
MR. KRASOWSKI: But I'd like to comment to those, but --
okay. Anything else for me?
COMMISSIONER HILLER: Is Gary going to comment on that?
MR. McALPIN: The -- let's -- the south Marco project, we're
going to get the sand from the Caxambas borrow area, which is right
offshore. It's less than a half a mile from where we're at. We have the
dredge there. And we pump the sand directly from that borrow area
onto the beach. It's a very simple operation. We have used that sand
source a number of times before, and there's enough sand in there to
renourish the south Marco beach.
So I see no reason to look at Cape Romano's shoals in terms of --
in terms of using that sand there.
The issue relative to Cape Romano shoals, we did a preliminary
analysis on that a number of years ago. We do not have a permit to
pull the sand out of Cape Romano. We -- there would be considerable
amount of additional development to develop that sand source.
When we developed, originally, the T1 sand source, which is the
one that we have been using for the last beach renourishment, our
price to develop that sand source was over $2 million. Now, I'm not
going to say that developing Cape Romano sand source would be $2
million, but it would be significant, and it would take a significant
amount of time to deal with that.
We could certainly look at that sand source. If you want to look
-- have us look at that relative to the next -- the major beach
renourishment, we have an item in there. We know that the sand at
Cape Romano meets the specifications, but it is not quite as good as
the sand from off of Captiva.
So we could certainly look at it. We could bring you back a
report on which options we should look at and why one source is
better than the other. But from a preliminary point of view, we have
investigated this before.
Page 100
June 26, 2012
We wanted to have Cape Romano in our hip pocket in case for
some reason we were not able to get a regulatory permit or move
forward with our existing sand source. We'd just have another sand
source here in Collier County.
So those are the issues, Commissioner. Thank you.
COMMISSIONER HILLER: Can --
MR. McALPIN: The other issue, it would definitely take another
dredge. So the item that -- we would have to look very closely at the
item that Mr. Krasowski was bringing saying that we could use that
same dredge to move forward and do the major beach renourishment.
So there's investigation that could have to happen. We have no
problem doing the investigation if so directed by this board.
COMMISSIONER HILLER: Can you address Mr. Krasowski's
questions?
MR. McALPIN: Would you repeat the question, please.
COMMISSIONER HILLER: Can you repeat your questions or
statements?
MR. KRASOWSKI: Let's see. In a question form, the --
COMMISSIONER HILLER: Just make a statement, whatever.
Just clarify whatever --
MR. KRASOWSKI: What I said was that, understanding that a
bigger job would take a different dredge, but the RFP -- request for
proposal to hire people to do the work hasn't even been written up yet.
So, you know, we're talking about doing things in stages, okay.
And you've been doing that all along.
At this point in time, in the stage, I suggest -- what I think Gary's
half agreed to -- is that this work analysis of the sand and this
appropriate placement be part of this stage.
Now, after this stage we go into sending out an RFP and invite
people to come and do the work, and then -- so that's another stage.
And we'll know whether or not we should use the Cape Romano sand
at that time, but -- so we have to do this one step at a time.
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June 26, 2012
This is a critical juncture because you're about to set a contract
with either the Marco or the Naples Beach, either one would work, to
either look at this or not look at it. And I don't think a report -- interior
in -house report would provide the people to go out and test the sand
and all that.
And what other point specifically would you like me to address?
Okay. So it just goes back to the basics. Before you let out this RFP,
up want to know if you want to use Cape Romano as part of the Marco
Island, which gives -- which gives you the window of working in the
'12/'13 period, even if it takes a little longer. You've still got
January/February/March.
COMMISSIONER HILLER: And just to clarify. You're not
referring to the Marco Island renourishment? You're talking about the
Marco Island dredge mobilization, so we basically have economies of
scale of that dredge --
MR. KRASOWSKI: Right.
COMMISSIONER HILLER: -- being placed?
MR. KRASOWSKI: Yes, yes. And so -- but if you want to go to
Cape Romano at the same time period, the window that you have at
the Marco Island that you're set up, then just put out the RFP and get
the appropriate size dredge.
We keep going back and forth with, oh, it doesn't matter what
size dredge, and then all of a sudden the dredge we have, as if it's there
-- I don't think it's there. The dredge we have isn't big enough to do
that. So I don't understand. It's like we're coming on the thing from
two different directions.
But, yeah, so what I said is appropriate. And all you have to do
is tell them to have the contractor, either the Marco people or the
Coastal Planning and Engineering -- they're both here -- to do the
work, to evaluate that sand source and to figure out what it would
take, because we've got to get going. There's not going to be any
beach left if we have a hurricane. You know, we won't even be able
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to do it in time for that, but we're leaving all this season open, which is
available to us. And to me, you're approaching not being practicable.
You're not taking opportunities that present themselves to avoid
encroachment on turtle nesting, and that's one of the criteria, at least as
far as I'm concerned, as something we're going to base our
participation around.
MR. McALPIN: To comment on that, we will be happy to look
at -- we've done a preliminary analysis on Cape Romano sand. We'll
be happy to look at that again. I'm not sure that -- well, I know for a
fact it's not right to take a look -- to use the Cape Romano sand source
for the Marco Island beach renourishment. It will cost us significantly
more --
COMMISSIONER HILLER: Nobody is suggesting that.
MR. McALPIN: -- to do that.
COMMISSIONER HILLER: Nobody is suggesting that.
MR. McALPIN: And I would -- I don't believe that the timing in
terms of the permits from one job to the other job would allow us to
use the Cape Romano -- the shoal, but we will definitely take a look at
that if that's the board's direction. Thank you.
MR. KRASOWSKI: And one last -- one last point along those
lines. The Cape Romano shoal sand is in Florida state waters. We go
up to Tallahassee, the DEP, and we say, this is our situation. The
beach is about to get washed away. What -- you know, what scenario
can you help us with to do something quickly?
The other sand off of Sanibel is in Federal water. And I spoke to
those people, and just in a conversation it was explained to me that the
quickest they've ever turned around any kind of permit up there, with
all -- and I think we're -- our information is probably pretty up to date,
but with every -- all the I's dotted, T's crossed, has been six months.
So that kind of encroaches.
So we've got to try whatever -- we have to investigate all options
to see if the Florida DEP will allow us to do something this season,
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even in December or January, you know, because it is dire. The
situation is dire. But thanks.
MR. MITCHELL: Your next speaker is Mr. Tierney, and he'll be
followed by Burt Saunders.
MR. TIERNEY: I was actually speaking on 11 C. They are all
intertwined, but I don't believe there's --
COMMISSIONER HILLER: No, they're not.
CHAIRMAN COYLE: We're not there yet.
11C.
COMMISSIONER HILLER: They're not. You need to wait for
MR. TIERNEY: Okay. I don't know if there's any more 11B
speakers or --
MR. MITCHELL: Yes. Burt Saunders, and he'll be followed by
Mike --
MR. SAUNDERS: Mr. Chair, members of the Commission,
thank you for the opportunity to be here. I'm, for your record, Burt
Saunders with the Gray Robinson Law Firm, serving as city attorney
for the City of Marco Island.
Initially I was just going to come up and thank you and staff for
all that you're doing in reference to the south beach project, but I
wanted to make sure -- I think the motion that was made by
Commissioner Henning certainly covers this in terms of what the City
of Marco Island's interested in and use of the Caxambas borrow area,
as staff has recommended, I think is the most efficient way from a cost
perspective and a timing perspective, and would ask the commission
to go along with the staff recommendation on that.
Thank you.
MR. MITCHELL: There is one other speaker. I'm sorry. I can't
read the name, but they live on Third Avenue north.
MR. WATKINS: I'm Mike. I'm giving my time to Pete Tierney.
MR. MITCHELL: So you want to speak to 11 C as well?
MR. WATKINS : Yes.
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June 26, 2012
MR. MITCHELL: Okay, thank you.
Sir, that was your last speaker.
CHAIRMAN COYLE: Okay. We have a motion to approve by
Commissioner Henning, seconded by --
COMMISSIONER COLETTA: Me.
CHAIRMAN COYLE: -- Commissioner Coletta.
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.
Item #1 I C
RECOMMENDATION TO APPROVE AWARD OF CONTRACT
#11-5772 FOR COLLIER COUNTY 2013 -14 BEACH
RENOURISHMENT PROJECT DESIGN ENGINEERING AND
PERMITTING SERVICES FOR RENOURISHMENT OF
BAREFOOT, VANDERBILT, CLAM PASS, PARK SHORE AND
NAPLES BEACHES TO COASTAL PLANNING AND
ENGINEERING IN THE AMOUNT OF $848,554 AND
AUTHORIZE THE CHAIRMAN TO SIGN THE STANDARD
COUNTY ATTORNEY APPROVED CONTRACT — MOTION TO
FOLLOW STAFF'S DIRECTION AND ALLOW STAFF TO USE
RESOURCES AS NEEDED — APPROVED
MR. OCHS: Commissioners, that takes you to your next
time - certain hearing. It's 11 C. It's a recommendation to approve
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award of Contract 11 -5772 from Collier County 2013/'14 beach
renourishment project design, engineering, and permitting services for
renourishment of Barefoot, Vanderbilt, Clam Pass, Park Shore, and
Naples beaches to Coastal Planning and Engineering in the amount of
$848,554 and authorize the chairman to sign the standard County
Attorney approved contract.
Mr. McAlpin will present.
MR. McALPIN: Thank you, Mr. -- thank you, County Manager.
This contract is for the scope of work that's required to execute
the next major beach renourishment for Vanderbilt, Naples, Park
Shore, Barefoot, and Clam Pass. It includes the Coastal Engineering
component, the design, bathymetric survey or the below -water survey,
land survey, the marine geology, biology, and the modeling.
It's based on a 10 -year renourishment design, and it -- it's also
based on minor and major permit modifications to the existing permit.
Coastal Planning and Engineer will work with us to develop
renourishment options. They'll work with us to develop cost options,
cost - sharing opportunities with the contractor, and funding support
from the regulatory agencies. When I talk about regulatory agencies,
I'm talking about FDEP and FEMA.
The engineer for the 10 -year design will be $848,000. There are
contingency tasks, and that -- you could see that's been broken down
into two phases. There we go. You can see that we're broken down
into two phases of the $848,000. The first phase is the design and the
investigation phase for 848,000, and Phase 2 is the preconstruction
and bidding phase.
We have included contingency tasks in here. Contingency tasks
are items the agencies have told us that we have to do. We, however,
think that we can negotiate those tasks with the agencies, and it's our
hope that in negotiating those tasks, these activities will go away.
The contingency tasks that we're talking about is central fish
habitat, the borrow area site survey, the cultural resources survey for
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the pipelines, the survey and processing for erosion - control lines, and
the jetty spur.
So we think that if we can work with the agencies, these items --
these contingency items could potentially be a savings, but we are
looking at including it in the design at this point in time because it is a
requirement.
The cost for -- there's been a number of discussions relative, well,
what is the cost for the 10 -year design versus what is the cost for -- to
duplicate the 2005/2006 design. So you could say we've broken it
down into the same phase, as Phase 1 being the design tasks for
$413,000; Phase 2 being the preconstruction and contingency tasks for
247,000 or 660,000. So there would be a reduction of $180,000.
If you -- if you elected just to go with the 2005/2006 scope,
which is what we are not recommending, what that -- what the -- what
the 10 -year design will buy you -- what the 10 -year design will buy
you will be the Clam Pass Park work, the renourishment at Clam Pass
Park, the Barefoot Beach renourishment, four years of additional life
being higher and wider, improvements to the hot spots design, and
structural modifications.
When we look at -- when we look at this design, when we look at
the six -year design, the $88,000 (sic), a lot of times when you say,
well, how -- why is it only $188,000 when you're actually going from
a six -year design to a four -year -- to a 10 -year design where those four
additional years would only costs you $188,000 in design tests.
Well, when we go for a lease of our sand sources, that activity
probably, in terms of cost, would cost us $100,000. But if we have
one cubic yard or a million cubic yards, we still have to incur the same
cost, basically, for the sand source. So there's a number of items that
are significant in terms of scope, but in terms of engineering, we have
to do it for either one of the tasks.
We -- working on this item, we're -- our plan is to bring back to
the BCC early in the winter 2013, and we're looking at
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January/February options and costs to finalize the specific design.
At that point in time, we would know our partners, we would
know if any other communities would be willing to cooperate with us
in an interlocal agreement and combine projects for cost savings.
We would have the project bid, and we would know what the
costs for the options would be. We could identify what the savings --
what we could expect, because we have gone through the bidding at
that point. And we should at that point in time know what additional
funding we would receive from DEP or FEMA.
We would expect that after we begin the design, we're looking at
at least six months after we initiate that for -- to achieve our minor
permit modifications; nine month, not six months, to achieve our sand
lease; and six months additional for the major permit modifications.
So we would expect that we would be ready to come back to you
with a firm design and options for us to look at in January and
February of the -- of the -- of 2013.
So with that, we would -- the earliest we would begin
construction would be 9/15/09 (sic), and the latest we could finish up
construction would be 6/1/14.
Now you say, how could I -- how could I speed this activity up?
Well, where -- with our minor permit modifications -- with the permit
modifications we have to get, it will take us six months. One month
after -- six months after we initiate the activity, we're a total timeline
of seven months; that would put us sometime in the January/February
period.
January and February we would then have to initiate a contract
and get a contractor onboard.
And then we're timed out on May 1 st because we're getting to
turtle nesting season. So if we can't get any work done between --
between, say, February/March -- and we certainly could not complete
the project between February, March, and May Ist, we're timing out
because of turtle nesting season -- then we have to come back, and
June 26, 2012
that's when we would come back in September '13 to begin the
proj ect.
So we've looked at this from a couple of different ways, and we
would -- we would love to be able to work with anybody to come up
with a better schedule for this. We've tried to work with the
Conservancy and the rest of the -- with the permitting and the agencies
on what we're doing here, but we think, realistically, turtle nesting
season is going to prevent us from moving forward in another cycle.
This has been approved by the CAC and the TDC. And time is of
the essence. We need to -- everybody has said that with Tropical
Storm Debby coming through -- and you look at our beaches. Our
beaches have been beat up. We won't know the significant impact to
the beaches probably until the gulf calms down in a couple of -- in a
week or so. But we need to move forward, and we need to move
forward with this authorizing a contract to move forward today.
Chairman Sorey is here for the -- the chairman of the Coastal
Advisory Committee. Do you have anything to add?
MAYOR SOREY: Just a couple real quick things. I'm primarily
here to answer any questions you have. And we did discuss the other
sand source at the CAC and basically gave the same information.
I do want to touch base just quickly on the $188,000, because
Mr. McAlpin talked about that, but I'm not sure that he was as explicit
as possible. But the difference between the two -year -- the 10 -year
plan and the six -year plan, just for the beach portion -- if we exclude
the jetty, Doctors Pass, those sort of things, it's only 20- -- 10- to
$20,000. We worked on it during lunch and tried to term what that
differential is.
So as Mr. McAlpin said, it requires a permit, like the sand source.
It's not really any different whether it's a six -year project. So there's
very little difference. Most of the $188,000 is for permitting like the
jetty at Doctors Pass and that sort of thing.
But I would emphasize that every day we wait makes it more
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difficult to get this accomplished. And the Coastal Advisory
Committee recommends that we proceed on the contract.
Thank you. And I'll be available for any questions.
CHAIRMAN COYLE: How many public speakers do we have?
MR. MITCHELL: Sir, we've six speakers.
CHAIRMAN COYLE: Okay. Let's call the first speaker.
MR. MITCHELL: The first speaker is Bob Krasowski, and he
has six minutes.
MR. KRASOWSKI: Hello again. Bob Krasowski.
As I mentioned earlier, the investigation of the Cape Romano
sand source could be accomplished with either contractor. The -- it
seemed to be best under the heading of the Marco project, but I can
understand why it might not be the case as long as you do it under the
Naples project.
I wasn't suggesting that we changed anything about the Marco
project as far as using Cape -- the Caxambas Pass sand, and -- but I
was thinking a blend of the two. But I think that maybe if we -- we
could still use the FEMA monies for the placement of sand and a
partial payment of mobilization if we -- for the other project.
But I'm still convinced that if somehow we can use the
opportunity -- window of opportunity in the '12/13 13 period using Cape
Romano Florida state sand that requires less complexity in its permits
that this would be the way to go.
So -- but I've said it. It's on record. It will be in the minutes, so
-- way down the line.
Also I wanted to mention that in this -- this workload you're
giving this contractor, that you're going to be going for what they call
a minor -- there will also be a major permit modification which would
allow for the encroachment into turtle nesting season, which in -- the
way I see things, is unnecessary.
So that will be an issue that we will follow with the DEP, with
the Army Corps of Engineers, with the Bureau of Sand and other
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June 26, 2012
people that they -- that are responsible federally for the -- for the
turtles in the water. They're all broken up into different parts.
Yeah. So -- there's that. There was one other thing -- and I'm
having a chemo moment.
The -- I guess that's it. I can't remember what the heck I was
going to say on that point.
But, once again, I appeal to you to include in the workload the
investigation. I know Gary's volunteered to come back. Maybe that's
the best I can expect to get given your relationship with the staff and
all of that stuff and the way things go. But I'll be anxious and
interested to hear what he brings forward in the future as far as Cape
Romano sand use.
But we're still going to be looking for opportunities to get this
done sooner than later. There are millions of dollars of property in
next year's tourism. There's going to be plenty of little strips of
beaches, and you're still going to be, you know, dragging on this
project, I think, just to accommodate a larger -scale thing, which is --
isn't right in my mind.
But I appreciate your attention to my comments.
MR. MITCHELL: The next speaker is Rollin Rhea, and he'll be
followed by Kathleen Robbins.
MR. RHEA: I would prefer that Kathy speak first, and I follow
Kathy, if that's okay with you.
MR. MITCHELL: So the next speaker is Kathleen Robbins.
MS. ROBBINS: Good afternoon, Commissioners. My name is
Kathleen Robbins, and I'm secretary of the Vanderbilt Beach
Residents Association. I'm here to speak on the beach renourishment
issue, as you might say, not necessarily to the actual contract that
you're considering.
But we have some photographs that we took, which I will give
you a copy of I don't know who the person to give that to -- okay.
They are just a plea for you. I don't know why -- if you have an
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open permit, I really don't understand why we can't have some
dredging and renourishment done on that permit. We talk -- I heard a
lot of talk about turtle nesting season and, frankly, there won't be any
turtle nesting season if we don't get some beach, so -- okay.
MR. OCHS : Here, sir.
MS. ROBBINS: This is -- this is the first photograph taken
maybe 2006 vintage, and it shows the beach, a very nice broad
expansive beach. This was taken yesterday; same view, okay, and
we've lost three of four turtle nests right in our immediate area.
This was taken on June 9th at high -tide down near Vanderbilt
Beach. This is in front of the Beachmoor. This is approximately the
same view taken Sunday. You see, there's no beach left. This one, we
think there's about 50 feet of beach left, and this is very near
Vanderbilt Beach Park. This one, the beach is gone. So Rollin calls
this "Gone with the Wind," okay. It's just not there anymore.
We need some help. We really do need some help. I wouldn't
say it's an emergency situation yet because, of course, this is a tropical
storm we're looking at here. But we can't wait -- we can't wait two
years. I don't understand why we have to wait and why can't we do it.
Why can't we do it under the current permit? I'm not following that
reasoning. Can somebody tell me that?
COMMISSIONER HILLER: Actually, can I comment on that?
CHAIRMAN COYLE: Go ahead but staff ought to be
addressing these issues if there's questions being asked.
COMMISSIONER HILLER: Staff, I mean, why don't you
answer, and then I want to throw in a comment on that.
MR. McALPIN: The permit is -- the permit that's issued from
DEP is a single -use permit. It's a 10 -year permit, but it's a single -use
permit. Every time the permit is -- you want to use the permit again
you have to apply for the permit, and then they make you come into
compliance with all the issues that are requiring at that point in time.
So for any changes or modifications or minor permit additions,
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you've got to go through the permitting process again to update the
existing permit.
So you could -- they issue it once for a one -time period, and then
it's updated. Once you go for the second application under that same
permit, you have to update it. There's -- and then you have to bring it
up to compliance with the -- with whatever additional regulations that
are required at that point in time, and that's what we're into.
And so we will at a minimum -- it will take us six months to get
the permit, to get the permit updated.
MS. ROBBINS: And I say six months from now is fine with us,
okay? That would be December 1 st, and we'd be happy if we started
December 1 st.
COMMISSIONER HILLER: And, Kathy, I want to address that
and, Gary, I'd like to address what you said. You know, the point that
Kathy makes is absolutely correct. We do have a permit in place. As
you pointed out at this meeting and at the last meeting, it would take
only six months to put us in a position where we actually could be
renourishing these critically eroded beaches.
Quite frankly, the only reason I see that you're delaying this Gary
-- and, you know, you can tell me if this isn't so -- is because you
basically want to enter a joint contract with Captiva and that, in effect,
would turn this project, which ought to be much smaller in scope
because of the way the numbers are calculated, not as a consequence
of any debate over whether it ought to be a 6 -year design template or a
10 -year design template -- would take this, you know inflated $30
million project into a $50 million joint project with Captiva, which is
scheduled to start in 2013/'14.
And so we're being forced to follow your path and experience in
this very significant delay in what is essential renourishment to these
critically eroded beaches, and it's completely unjustified.
I don't see any reason why what Kathy says can't be done in the
time frame that you just described. The concern I have is even more
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significant than that, and that is with respect to money. Because the
project that you're proposing is so inflated that it will actually exceed
the current available funds.
And I'd like you to address that from the standpoint that my
review of the numbers shows that as of the monitoring report in -- that
was just done by Humiston & Moore, completed in 2011. The erosion
was only 158,000 -- or let me just round it -- 159,000 cubic yards of
sand, and that was the erosion since the 2006 placement of about
607,000 cubic yards of sand.
Now, certain beaches are far more critically eroded than others.
So, you know, very clearly, there are beaches that need immediate
attention, like the one that Kathy is pointing out, which is Vanderbilt
Beach where, you know -- which is heavily frequented by the public
and by tourists.
Coastal Planning and Engineering, in their study, when they
extrapolate the numbers to the 2013/'14 year, state that 482,000 cubic
yards of sand are needed to renourish to the 6 -year design template
when, in fact, if you extrapolate what we know to be the current
erosion, it should only be 252,000 cubic yards of sand, suggesting an
inflation of about 1.9 times, or just say double to keep it really simple.
And then you've got these inlet management plans that you have
weighed into this equation, which is complicating the permit
unnecessarily and should be treated separately, and you haven't
considered the mitigation that will result once these inlet management
plans are in place.
So, once again, the amount of sand that you're proposing is
needed and the financial costs attributable to that is far in excess of
what it ought to be.
So I am actually left very, very concerned, you know, with what's
going on here. We have critically eroded beaches. We have the
ability to move on these beaches in six months. You have presented a
concept plan which, with the existing 2006 design template, is inflated
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by 100 percent. And we're not even going to go near the 10 -year plan.
I don't even want to address that because I don't want to debate the
plans. So I'm left extremely concerned. You know, what is really
going on here?
MR. McALPIN: Well, let me address your questions,
Commissioner.
COMMISSIONER HILLER: I've got the article, by the way.
I'm going to enter this into the record, which is -- I actually got this off
of Mayor Sorey's website when he was running for election where he
talks about the next project will be a 10 -year renourishment, combined
value 40 to 50 million dollars and that you're going to be equal
partners with a structured bid and contract with CEPD, which is the,
you know, Captiva Beach Renourishment District.
MR. McALPIN: So let me address your questions,
Commissioner.
COMMISSIONER HILLER: Sure.
MR. McALPIN: The first question you said was relative to us
having a partner. And the only reason we would look to have a
partner is if we could reduce costs and reduce costs in such a way that
we could make the quickest schedule. So there's no incentive for us to
delay the schedule whatsoever.
And if we in fact can work out a timeline with another
municipality at the shortest -- the shortest time for us and it works out
with their schedule, then we would go -- then we would execute that.
Preliminary results look like we could do that.
Relative to the schedule that you've talked about is there's -- we
have a minimum of six months for the permit. We also then have to
get the sand lease, and the sand lease we expect to take nine months to
get. So by the time -- and you have to work with me on the schedule
here. So the time -- by the time you're looking that, Commissioner,
and bid this project, you're at January or February of next year. And
then if you don't have everything complete by turtle nesting season,
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then you can't move forward.
We will work to minimize the schedule and do it as quickly as
we can, and if there's other options that we haven't considered or other
ways we can cut costs, we'll be happy to do that.
Relative to your discussion about -- about sand quantities and
sand placements, Commissioner, we had a discussion about that at the
last meeting. I didn't think we were going to have a discussion relative
to that again this meeting. But what we have -- I know there's -- we
have to educate a number of people on beach quantities. We just can't
look at erosion rates. You have to look at your hot spots. We have to
look at advanced renourishment that we would put on the beaches if
you want it to last either 6 years or 10 years, or whatever.
COMMISSIONER HILLER: This does consider that.
MR. McALPIN: So I don't believe that the way you're looking at
it is correct but I would be happy to work with you. And we have said
that we would -- we're going to have a public workshop in October
and that we would go through all of the numbers in terms of how we
develop our beach numbers in moving forward.
COMMISSIONER HILLER: And I --
MR. McALPIN: But the critical -- but the critical -- if you let me
just --
COMMISSIONER HILLER: Sure, go ahead.
MR. McALPIN: But the critical activity that we have to deal
with right now is we have to move forward with a contractor, a
consultant to move -- to move forward no matter what we do, and
that's what we're asking you to allow us to do today, Commissioners.
COMMISSIONER HILLER: Oh, I appreciate what you say,
Gary, except there's a problem with that, because the contract is for a
10 -year design, and it's to the engineers that have presented numbers
which, from everything I can see, are very inflated.
And with respect to your comment about hot spots, this does
consider the emergency renourishments that took place from 2006 to
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the present. And it does factor the erosion by beach. This is not a
global number. This is based on beach -by -beach erosion as well as
hot spots.
So I do look forward to your workshop to show me reconciliation
of these, you know, material differences in quantities for the existing
6 -year design, which are the numbers that you are using to carry
forward to the 10 -year design template, suggesting that the 10 -year
design template is also very inflated.
Coastal Planning is the engineer for the Captiva project as well;
are they not?
MR. McALPIN: Yes, ma'am, they are.
COMMISSIONER HILLER: Okay. And, again, I go back to the
fact that what you're asking us to approve here today is a contract for
the 10 -year permit design. And, on the other hand, you're telling us
that we're not bound to the 10 -year permit design. In effect, by
approving this contract, we would be.
COMMISSIONER FIALA: Commissioner, could we hear the
rest of the speakers --
COMMISSIONER HILLER: Sure.
COMMISSIONER FIALA: -- before we interrogate him
anymore?
MR. MITCHELL: So the next speaker -- Mr. Rhea, are you
going to speak?
MR. RHEA: Yes. For the record, Rollin Rhea. I live at the
Beachmoor Condominiums, which is the condominium complex
immediately north of the Ritz - Carlton.
And the beach situation in my front yard at mean high -tide seems
to be down around 50 feet maximum width. That's prior to this storm.
Now, best I can see from out my window, the beach is gone with the
wind.
Now, I don't know how much Mr. McAlpin has put into his plan
to take care of the beaches on Vanderbilt Beach. They are highly,
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highly compromised, the hot spots I'm talking about. Very narrow,
and you're talking about commercial properties that are some of the
highest tax - generating revenues that we have.
And if -- it doesn't take long for the Net to tell the United States
that the beaches in our community are highly compromised as a result
of this storm. And this is only the first of possibly many this year.
So I would ask that you give serious consideration to looking into
what I understand is the permits that are already in place where we can
get some sand in there, and take care of these tourists' needs.
If you've got a fire, put the fire out. It's that simple. What we do
two years, four years, or 10 years from now is not relative to our
immediate need for our quality of life within our respective
community and our tourists.
Thank you.
MR. MITCHELL: The next speaker is Peter Tierney, and he'll
have six minutes.
COMMISSIONER FIALA: Who is giving up their time for the
six minutes?
MR. TIERNEY: Mike Watkins is giving me his minutes.
Thank you. And my name is Pete Tierney, and I'm from the
Vanderbilt Beach Resort in Vanderbilt Beach. And my partner, Mick
Moore, is not here today, so he sent me a statement to read to you and
to represent -- represent us.
We have a picture of -- this was a picture taken yesterday. That's
the Naples Beach Hotel. That's from Mike Watkins.
Thanks, Mike.
Also, Naples Beach Hotel.
COMMISSIONER HENNING: Is that the parking lot, Pete? Put
that picture back up. Is that the parking lot to the south of the Beach
Club? I thought I'd seen a vehicle. No.
MR. TIERNEY: No, no. It's just -- it's looking north, actually.
That's a little blurry, but that's from the Vanderbilt Beach Resort
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where the Turtle Club is. Obviously, yesterday was a pretty bad day
for the storm. So, yes, our beaches are in trouble, and we're all very
concerned about a 10 -year plan.
But I'd like to read a statement from Mick, because he's been in
front of this board before on this subject. He's not able to be here
today, so I'll read his comments.
I've repeatedly urged you to take immediate action to protect the
county's most important asset, our beaches, but not by waiting 18 to
20 months to conduct critically needed beach renourishment.
The county has a permit that would allow it to renourish our
beaches in the same manner as it did in 2006, and county staff has
indicated that it would only take about six months to obtain this
permit, as we've heard earlier.
If the county acted immediately, it seemed likely the
renourishment could take place under the existing permit after turtle
nesting season ended this year and that it could be finished in early
2013.
This renourishment project would add sufficient sand to last for
another six years and would come at a price the county could actually
afford under its existing budget.
Pursuing immediate renourishment is the most prudent course,
and it would also give the county sufficient time to begin planning for
the next renourishment that would be needed in 2018. And the
operational and fiscal merits of a 10 -year renourishment plan could
then be given the time and attention that it truly deserves.
Instead, the county is poised today to approve a contract that will
effectively ensure no renourishment is conducted under the existing
permit this year, and the county staff s 10 -year proposed plan is the
plan that is pursued by the county.
The proposed contract references the 10 -year plan and its scope
and calls for CPC to produce a design and alternatives by December
for the price of around $400,000.
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The proposed scope of work includes starting immediately on
permit modifications for inlets such as Doctors Pass, Clam Pass, and
Wiggins Pass, that would not necessarily -- would not be necessarily
(sic) if the county -- not necessary if the county proceeded under the
existing 2006 permit.
If the county waits until December to seriously consider
proceeding to renourish under the existing permit, it would have spent
over $400,000 for design and modifications not needed to proceed
with the 2006 renourishment, and it would be too late to conduct
renourishment this year or in early 2013. We will be, effectively
forced to wait until late 2013/2014.
I urge you to ask your staff to proceed with whatever is required
to conduct beach renourishment under the existing permit by the end
of this year and the start of 2013. You should seriously explore this
option right now before signing a costly contract that effectively
makes beach renourishment under the proposed 10 -year plan a
foregone conclusion.
And I know these pictures are taken, you know, at an extreme
time this past week with the storm but, as Rollin said, we do have a
diminishing beach situation anyway, and you're welcome to come out
and see it at any time. These pictures do tell quite a story. But it's a
grave concern for us, and we'll hope you consider looking at the
existing permit and the cost factors that go along with it.
Thank you.
MR. MITCHELL: Sir, that was your last speaker.
CHAIRMAN COYLE: Okay. Commissioner Henning?
COMMISSIONER HENNING: Well we can either give
direction or modify the contract. But I'll tell you we need to renourish
these beaches as soon as possible. We're not going to have -- we're
not going to have beaches for the upcoming season unless we act now.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER FIALA: Yes, thank you.
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I had mentioned before -- this is, I don't know, a couple meetings
ago that we could see that there were a few beaches that desperately
needed it, maybe more than others, and I was suggesting that maybe
we could get there and fix them now. I don't know that this can be
done. I'm not an engineer. You guys would know better than me.
But maybe we could fix those beaches now or at least a
temporary fix until we can do the whole job right. Maybe that would
take two years, but if we could at least -- at least pour some sand on
these individual beaches like the Beach Club and Turtle Club and Ritz
and so forth to make sure that they have enough to last them until we
can do the job right in another year and a half, whenever it's
scheduled, maybe that would at least help the cause right now.
CHAIRMAN COYLE: Commissioner Hiller?
COMMISSIONER HILLER: I think Commissioner Fiala is
absolutely right. It needs to be done immediately. It can't be delayed.
Commissioner Henning shared the same sentiment. You heard it
from the public. You see it in the pictures. The critically eroded
beaches can't wait till 2013/' 14 to do a joint contract with Marco.
There's money in the budget to do it. The permit is in place to do
it. The contract today should basically be to mobilize under the
six -year design template to renourish the critically eroded beaches
immediately.
COMMISSIONER FIALA: And could I just insert one second?
And it won't take but a minute. And, yes, you could pound me on the
head if you want to.
These are the people that collect the bed tax for us, and their
tourists or their guests are the ones that help us renourish the beaches.
So I think we have to give that special consideration.
CHAIRMAN COYLE: And I think we're all talking to the choir.
Is somebody going to make a motion?
COMMISSIONER HENNING: I'll make a --
CHAIRMAN COYLE: Commissioner Coletta's next by the way.
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COMMISSIONER COLETTA: Yeah. I'll be happy to make the
motion, and that -- direct staff to take due consideration what the
conversations were here today as far as the order of renourishment
goes so that we take care of the part of the beaches where they're most
used, where the tourist taxes are generated.
CHAIRMAN COYLE: And move as quickly as possible.
COMMISSIONER COLETTA: Yes. I include that in my
motion.
COMMISSIONER HILLER: It's not clear.
CHAIRMAN COYLE: Commissioner Henning?
COMMISSIONER HENNING: Yeah, I'm not sure if that really
addresses it.
COMMISSIONER HILLER: Not at all.
COMMISSIONER HENNING: Gary, Mr. McAlpin, if you can
help us. It's just not about where the hotels are. It's about where
people frequent the beaches, and it's about property.
If we can use this contract, modify the contract to do a six -year
beach renourishment and modify it, instead of saying 2013/2014, say
2012/2013. Can we do this, or do you need to bring something back?
MR. McALPIN: We could modify the existing permit that we
have right now. The contract is in -- is fine. It's a time - and - material
contract, Commissioner. We could move to deal with that. We could
-- we could move on the contract today.
The issue --
COMMISSIONER HENNING: With modifications?
MR. McALPIN: With modifications. So if that's the direction of
the Board, we could move on the contract today with modifications.
If you direct us to move forward only with a six -year 2005/2006
project, we can do that. That project would still require approximately
nine months to get the permit and a lease in place so that we could
move forward. That would put us in the January /February time frame.
I want -- it's important that the Board understand this.
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January/February time frame, March time frame for us to get work
done prior to turtle nesting season, we probably -- we could mobilize a
piece of equipment. It would be very expensive to do that, to mobilize
a piece of equipment, to work on that specific period of time.
We could look at those options. We could bring those options
back to the board. I'm not saying that that cannot be done, but we
certainly could bring those options back to the board to take a look at
that, or we could -- and I don't believe that we can -- we -- turtle
nesting season, the direction you've given us before is from 6/1 in
terms of turtle nesting season. So if you -- we have endeavored to stay
out of turtle nesting season with the agreement that we have with the
Conservancy, but certainly we could take a look at that.
COMMISSIONER HENNING: Well, based upon what you said,
I think it's worthy of continuing this item and come back at the second
meeting. What I heard is six months, you know, late December, that
we can start renourishing, and now what I'm hearing is nine months.
So I'm not sure what we can do, Mr. McAlpin --
I'm talking to that gentleman, our staff over here. Would you sit
down, please.
So I think that we need something more definite, a more realistic
goal the Board can consider instead of trying to modify this contract.
Would you agree with that?
MR. McALPIN: The -- I think we could work it either way,
Commissioner. I think --
COMMISSIONER HENNING: We could do it in December?
MR. McALPIN: We can do what in December?
COMMISSIONER HENNING: Start renourishing in December,
late December.
MR. McALPIN: I don't think starting renourishing in December
is an option. I mean, with our current permit, it's not realistic for us to
say that we could start renourishing in December, because we would
not have a sand source in place. The sand source will take at least six
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to nine months to get in place, the lease on the sand source.
And so that -- that is -- that's the issue that -- that's the critical
path that we're trying to work right now. We could see whatever is
required to expedite that. We have worked with agencies before on an
expedited basis, but we need to get the consultant onboard so that we
could start to expedite the schedule.
So, you know, I would like to move forward with the contract.
We could modify the contract moving forward, Commissioner, but we
need to move forward.
MAYOR SOREY: Mr. Chairman?
CHAIRMAN COYLE: Yes, go ahead. Mr. -- Mayor Sorey.
MAYOR SOREY: Thank you, Mr. Chairman. Again chairman,
for the record, John Sorey, chair of your Coastal Advisory Committee.
A consideration -- and we understand, and it's not just these
beaches. I was on all the beaches, and Naples beaches look just like
this as well. So we've got an abnormal occurrence here. But a possible
consideration -- remember, we're only -- and Commissioner Hiller, the
other projects are separate permits, so don't get those balled up in this.
It's in the cost but it's not in the time frame.
So as a consideration if you -- and remember, you and the City
Council directed the Coastal Advisory Committee to develop a plan
for a 10 -year beach renourishment. And as you heard, we're only
talking $10,000 of incremental costs to develop that plan which can be
done in the same time frame.
So what I would suggest you do is approve this contract and give
us directions you want to expedite it as quickly as possible, allow us to
do the 10 -year analysis which will provide you also a 6 -year analysis
and then as we've talked all along, about scope managing this. But I
think the modification should be approve this contract -- but you're not
accepting the dates -- and direct us to come back as quick as possible.
And one of the things you also directed the Coastal Advisory
Committee was to do this the most economical way.
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And the reality is, Commissioner Fiala, while I would like to do
some emergency beach renourishment, we don't have the resources to
do that. If we do that, we're not going to be able to do the other.
So if you could consider directing us to move forward with the
contract as presented, which will cover both the 10 -year concept, the
six -year concept, and then you can make that decision when we come
back to you probably in December, maybe earlier, which way you
want to go, and give us approval at this time to proceed with the
modification being as quickly as possible, which will have some
adverse economic impact because of the partnering and some of the
other things we were going to do.
But we'll bring you back those numbers, and you can scope
manage it. But we need to approve the engineering contract today.
COMMISSIONER COLETTA: I modify my motion to reflect
that.
CHAIRMAN COYLE: Just a moment.
Gary, would you come back up. I need you to answer some
questions. I'd appreciate yes -or -no answers, okay.
Is there anything you can do to renourish any of the hot spots
during turtle nesting season this year?
MR. McALPIN: No.
CHAIRMAN COYLE: When is the earliest that you can start
renourishing hot spots, places that are badly eroded, following turtle
season, turtle nesting season?
MR. McALPIN: We have -- we have worked with the
Conservancy, and 9/15 would be -- would be the earliest we believe
that we could -- of either calendar year that we could start it. That's
the critical date for us. It's -- 9/15 would be the earliest we could get
on the beaches.
CHAIRMAN COYLE: I'm talking about 9/15 this year. Are you
talking about 9/15 this year?
MR. McALPIN: 9/15 would be the earliest that -- of either -- I'm
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June 26, 2012
talking about 9/15, I believe, of next year if -- because we can't do
anything during turtle nesting season unless you tell us to renourish
during turtle nesting season.
CHAIRMAN COYLE: Okay. And that's because you can't get
the permits and contracts?
MR. McALPIN: I can't get the permit and I can't get the lease
until probably January or February of 2013, okay. Maybe it would be
a little bit longer than that. But we don't believe we can get the permit
of the lease until January /February 2013.
CHAIRMAN COYLE: Is that the fastest timeline that you can
imagine? You can't go after another sand source somewhere and get it
faster?
MR. McALPIN: This will be the fastest sand source that we
have, sir.
CHAIRMAN COYLE: Okay. So what you're telling the people
who have severe erosion on the beaches is, it's tough. You have to
wait for a year and three, four months; is that right?
MR. McALPIN: That is correct.
CHAIRMAN COYLE: Okay. What was the motion again?
COMMISSIONER COLETTA: The motion was to follow staff s
direction as it was so stated and to allow them the ability to be able to
shift the resources as they need or as possible to -- we've been
delaying this long enough with discussion meeting after meeting after
meeting, then we're shocked by the fact that it's another year out
before we can do it.
We act today, and if we have to modify it as we get into it, we
can do it. But let's just -- let's move on this. There's been numerous
people before us. The Coastal Advisory Committee has been working
on this for some time. We have heard and given direction several
different times, and now is the time to be able to act on this and get it
going forward.
MAYOR SOREY: And, Mr. Coletta, with the modification that
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-- for us to proceed, in all due haste, and if we can reduce this six to
nine month's time frame, we will.
COMMISSIONER COLETTA: Absolutely.
MAYOR SOREY: Okay.
CHAIRMAN COYLE: Do you have a second?
COMMISSIONER COLETTA: No, I don't.
COMMISSIONER FIALA: Yeah, I'll second.
CHAIRMAN COYLE: Commissioner Fiala seconds the motion.
All in favor of the motion, please signify by saying aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COYLE: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN COYLE: Any opposed, by like sign.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COYLE: Okay.
COMMISSIONER FIALA: Tell me why you don't want to hurry
it up. I really want to know.
COMMISSIONER HILLER: Let me -- may I speak,
Commissioner Coyle?
CHAIRMAN COYLE: Sure, go ahead.
COMMISSIONER HILLER: Commissioner Fiala would like me
to --
CHAIRMAN COYLE: Just disregard Commissioner Fiala's
remarks because she didn't have the floor.
COMMISSIONER HILLER: Commissioner Fiala just asked,
you know, why I don't support what's being presented here today.
Well, there are very serious reasons for my not supporting the current
contract.
We have a very serious situation. We renourished the beaches in
2006. The sand that was placed on the beaches at that time was
607,000 cubic yards. The erosion to date is 159,000 cubic yards. We
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have beaches that are critically eroded. It was a 6 -year design
template.
The reason the beaches are in the horrible state they're in is
because the permit should already have been pulled, and that
renourishment should already be underway as of right now. We have
a huge problem.
This 10 -year design is -- from an engineering costing standpoint
is significantly more than 20,000 more than the modifi -- or the
updating of the 2006 permit. That permit is in place. It would require
the biological update, and it would basically require an updated
inventory to determine what needs to be placed to bring us back to that
2006 six -year design template.
COMMISSIONER FIALA: Well, I'll tell you why I voted for it,
because I wanted to get going on it, and with the emphasis on doing
whatever we can to speed this process up and get it done faster.
COMMISSIONER HILLER: Then we need to give -- but we're
not giving that direction.
COMMISSIONER HENNING: Right.
COMMISSIONER HILLER: We are not giving that direction.
The direction we need to give, if we want to get this going, is to
modify this contract to give direction to move forward with updating
the existing permit that we have to expedite the placement of this sand
on the critically eroded beaches as fast as possible. That is not the
direction we gave.
The direction we gave is to move forward on the 10 -year permit
design which will not go into place until 2013 /2014 as a consequence
of the desire of staff and Mr. Sorey to engage in this equal - partnered
structured bid and contract for what will amount to $50 million with
Captiva.
This is a huge problem. The tourism industry is going to suffer.
Our public beaches that service our community are suffering. This is
not the right decision. And again it comes at the expense of the
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people, and it will also come at the expense of tax dollars, which we
don't have. The proposed budget is 30 million, and what it really
ought to be is one half of that.
So I can't support this under any circumstances. This is not a
prudent decision.
CHAIRMAN COYLE: Okay. The motion passes by a vote of
3 -2 with Commissioners Hiller and Henning dissenting.
But I want to clarify one issue. Gary, you told me that you know
of no way you can do it any faster than September of 2013.
Commissioner Hiller says that there is a way you can do it faster. I
want your answer to that.
MR. McALPIN: I will do that.
CHAIRMAN COYLE: Okay.
MR. McALPIN: Thank you.
CHAIRMAN COYLE: No. What is your answer to that?
MR. McALPIN: Well, we will expedite whatever we have to do,
Commissioner, to move this as quickly as we can. We'll work it with
the agencies. We'll look at the minor permit modifications which are
only under 2005/2006 permit. We'll expedite those. We'll expedite
the land lease that we have. And that's what we -- what we can do
with the agencies right now. And I'll keep the Commission informed.
CHAIRMAN COYLE: Okay, very well. Thank you very much.
I think we must have a 2 o'clock time - certain; is that right? Is
there anybody here for the 2 o'clock time - certain meeting?
COMMISSIONER HENNING: What is at 2 o'clock?
MR. OCHS: Commissioners, you have a 2 o'clock time - certain.
Would you like to proceed?
CHAIRMAN COYLE: I think I said that, is there an echo in
here?
MR. OCHS: Yes, sir.
COMMISSIONER FIALA: Mouse in your pocket.
CHAIRMAN COYLE: 11D.
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June 26, 2012
Item #1 1 D
RECOMMENDATION TO ESTABLISH THE COLLIER COUNTY
GOVERNMENT OFFICE OF BUSINESS AND ECONOMIC
DEVELOPMENT — APPROVED
MR. OCHS: Yes. It's a recommendation to establish the Collier
County Government office of business and economic development.
CHAIRMAN COYLE: It's all yours, County Manager.
MR. OCHS: Thank you, Mr. Chairman. Just very briefly, back
in -- March 11th, 2010 if we can all think that far back, I participated
for the first time as your County Manager in your annual strategic
planning workshop. The majority of that workshop was devoted to a
discussion by the Board and the community at that time about what
could or should county government do to help promote a more
sustainable and vibrant local economy.
And at the end of that workshop, we all kind of jointly asked
ourselves the following question: In that effort for county government
to identify what its proper role should be, did we want to lead, did we
want to follow, or did we want to get out of the way?
And after a couple years of, I think, very good public discussion
and debate, some good research projects and analysis and several
initiatives by not only the Board of County Commissioners but several
organizations in the business and the not - for - profit sector, I think at
this particular time I would like to stand shoulder to shoulder with the
private sector and local government agencies in our county and also
non - for - profits to say it's time to take a leadership role for this county
government through the establishment of an office of business and
economic development.
I won't go into all of the detail that was in your executive
summary. You have all the backup. But I think it's important to point
out that the comparative counties analysis that was done in
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June 26, 2012
conjunction by the chamber -- Greater Naples Chamber of Commerce
and Hodges University revealed that there was no one - size - fits -all
when it comes to the structure or governance or staffing of an
economic development initiative in a community, but they did identify
some best practices and some common themes.
And with respect to county governments, those seem to be that
we need a strong supportive role by the elected officials in this
endeavor and some appointment of a dedicated staff to carry out the
strategies and goals and missions of the County Commission and
execute that program.
With that in mind, I have recommended to you an office headed
by a director of business and economic development that would report
directly to the County Manager. That director would be supported by
two professional positions and an administrative support position.
Their primary duties and responsibilities would include working to
improve the local business environment to promote high -wage job
growth in the community, to support and facilitate local businesses in
their efforts to expand and grow, to break down barriers that county
government may set up or be perceived to be setting up in the local
business community and, obviously, to work both with the private and
the nonprofit sectors to collaboratively improve our economy.
As part of that, we certainly want to do what we can to kind of
capture new business opportunities in addition to assisting current
businesses to grow and expand in our community.
The annualized estimated operating cost of the new department
would be $400,000 annually. That funding is in place in your
proposed FYI budget. I will be presenting that budget to you on
Thursday of this week.
And with that, Commissioners, I would stand ready to answer
any questions you have and ask for your endorsement of this
recommendation.
CHAIRMAN COYLE: How many public speakers do we have,
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June 26, 2012
Ian?
MR. MITCHELL: Sir, we have 10 public speakers.
CHAIRMAN COYLE: Okay. Commissioners, do you want to
wait until after the public speakers --
COMMISSIONER FIALA: Yes.
CHAIRMAN COYLE: -- or do you want to speak now?
COMMISSIONER HENNING: I just -- real quick.
CHAIRMAN COYLE: Okay. Commissioner Henning, go
ahead.
COMMISSIONER HENNING: Leo, you know, I'm supportive
of you, not only in this idea; I have the confidence in this idea.
The reason -- you committed to me that you're going to go out
and search, do a search for the staff and not just a quick appointment.
I think that is one of the better ideas that you've had, besides the other
ones you've brought forward, to find of best person for our
community, and you also committed to me this is not going to be your
typical business lunch meeting. These are going to be employees that
are going to be doing the best practices for our community in seeking
to grow business here in Collier County.
So with that, I fully support you. But understand, if the
community is not involved, the community in total, not just the
business community, but the community in total, in ideas on how to
bring businesses to our community, it will fail. And I can't support, in
the future, budgeting for such commitment.
MR. OCHS: I understand. Thank you.
COMMISSIONER HENNING: Okay.
CHAIRMAN COYLE: Okay. Let's call the first public speaker.
MR. MITCHELL: The first speaker -- and we'll use both
podiums, please. The first speaker is Mike Timmerman, and he'll be
followed by Bob Murray.
MR. TIMMERMAN: Good afternoon, Commissioners. For the
record, Mike Timmerman.
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June 26, 2012
I'm here today to talk to you about business and economic
development. I'm not here as a representative for anybody.
I've lived in the county for 30 years. My family's been here for
60 years. We've done an awful lot in the community to go ahead and
develop this community.
The need for economic diversity is extremely important. One of
the things that we've been given through this great recession is kind of
an economic reset. We've been given the opportunity to go ahead and
take some of the barriers that we had for economic development
down.
Some of the things that people -- some of the excuses that we've
heard over the years were, you know, our housing price is way too
high. We just can't get -- we can't afford to have people there. Now
that the recession has come through and we've been able to reset, our
price point is much lower. So housing is a much easier facility for
people to go ahead and utilize.
Our housing is now to the point where we can go ahead and have
businesses move to the county and have their employees here.
The other thing was roads are just too congested. We can't get
around. Through the staff and through your leadership, we now have
got capacity on our roads. We're building new roads, we're moving
our things out to Ave Maria and Immokalee as well as things we've
got in East Naples.
The other thing we had was there's not enough land. There's
nothing that's really shovel -ready for us to go ahead and move to.
Well, we've got communities like City Gate and Ave Maria and things
out in Immokalee that are ready. The infrastructure's there. We're
ready to go.
And the fact that the governor's home is here helps us to kind of
get an understanding of what's going on from Collier County.
I feel it's extremely important -- and I know I've helped with the
chamber and the EDC and anything that I can go ahead and do to help
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foster more business development here. It's extremely important that
we do that economically as we've got this ability to go ahead and
move forward and diversify our economy so we don't have what
happened over the last couple of years happen again.
I think it's extremely important. I highly applaud and support the
County Manager's opinion. And I will be there to help him. As a
matter of fact, we had a meeting last week. How can I help, Leo?
What can I do?
So I'm here to help, and many of us are here to help. And I just
want to -- hope that you go through and move forward with this.
Thank you.
MR. MITCHELL: Mr. Murray will be followed by Michael
Wynn.
MR. MURRAY: Good afternoon, Commissioners, County
Manager. Pardon me. I'm going to suggest --
COMMISSIONER FIALA: Your name, sir? It's me. Bob, what
is your name?
MR. MURRAY: Oh, my apologies. My name is Bob Murray,
and I am the vice president of the East Naples Civic Association, chair
of its Economic Development Committee. I'm also a very proud
member of the Greater Naples Chamber Board of Commerce --
Chamber of Commerce. I knew something was wrong there.
Let me start out by saying that as far as the community is
concerned, I can pledge that the East Naples Civic Association will
certainly work with our County Manager and with you to make certain
that we don't fail.
I'd like to propose this analogy. I consider the issue of economic
development similar to that of a marriage proposal. The two parties
come together, they learn about each other, they believe something is
workable between them, a proposal is made and they decide to
become a couple.
They will operate fine, but there is family involved. And we're
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going to, for this analogy, talk about the government as being family.
The government is like the father and the mother of the bride in
some respects because that's typical where those folks end up paying
for the wedding and having a lot to do with the project.
And it is here where the proposal for marriage can fail because
there was interference or obstacles, disagreement, or the marriage can
succeed by facilitation and care and a continuing involvement to make
a greater family. And to me, it is as simple as that. Now, I know it is
far more complex than that, but it is really as simple as that as well.
It is important for our government to not only have someone who
can speak to economic development, but it is imperative that person,
although even working for the County Manager, has authority to go
into the various components of government and determine if there are
obstacles that need to be put aside. That will make things happen.
The obstacles are the issue and have been all along. And we
have in the Board, we have people in our chamber who are very
willing to work; the civic associations I am certain, feel the same way.
And I pledge, personally, to do what I can, and I want to thank you for
the opportunity.
COMMISSIONER FIALA: Excellent.
MR. MITCHELL: Mr. Wynn will be followed by Edward
Morton.
MR. WYNN: Good afternoon. My name is Michael Wynn. I'm
president of Sunshine Ace Hardware, chair of the Greater Naples
Chamber of Commerce.
I'm here today to ask for your support for the County Manager's
proposal for an office of economic development and business
development.
We believe that this represents an important opportunity for our
community to come together and send a strong message to both those
inside and outside the county, and that message should be that we
recognize the important role that businesses play and maintaining the
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June 26, 2012
quality of life that we enjoy here and that we're willing to take the
steps necessary to create a culture that embraces businesses and the
jobs that they bring.
We also want to recognize the growing competition that exists
both in Florida and beyond for businesses that would look to come to
Collier and for those that are already here contributing to the tax base.
Now, the private sector has stepped forward. You created the
partnership for Collier's future economy, private funding has been
committed, business volunteers are stepping forward and helping with
business development, but there's only so much that the private sector
can do alone. And with the hiring of this executive director, the
business community will have a partner in government that can wear
one hat and objectively look at how all the codes, permits, approval
procedures can be aligned to provide the best balance for the needs of
the county and at the same time look at doing things at a reasonable
cost and predictable time frame for investors.
Companies thinking of expanding or bringing their innovative
technology, some lifesaving to Collier, will have that representative in
county government who can help educate them on the value that this
community offers.
So a strong show of support from you today will reassure the
business community that the attitude toward business is, indeed,
changing and that the commitment to build a competitive and healthy
business climate is alive and well with our county leadership.
Thank you.
MR. MITCHELL: Mr. Morton will be followed by Michael
Reagen.
MR. MORTON: Good afternoon. For the record, my name is
Edward Morton. I am the past chair of the Chamber of Commerce,
currently a member of the Board of Trustees of Florida Gulf Coast, a
business owner on 5th Avenue with my partners of Wasmer
Schroeder.
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June 26, 2012
We have come through a near -death experience in not only this
nation but in our country (sic), and I believe it has given all of us a
different and a new perspective on not only life but business life.
What we choose to do with that new perspective is entirely up to us.
We had conversation here previously about beach renourishment,
how critical it is to this community. I would submit that the healthy
business community is equally important to renourishment and to
renourishing our local economy. For too long we have depended upon
the bipolar nature of an overly dependent economy on tourism,
business development, construction. We must change that.
So how we work together is critical. And in that regard, the
ability of private enterprise, which is the essence and the source of
economic growth, private enterprise, which is the source of jobs and
dignity for people, by working in partnership with the county, we can
evolve a culture within Collier County that says to one and all, Collier
County is and remains open for business. How that message is
delivered and how that message is received is critical.
Unanimous support, I believe, is important as is the support of
the entire business community behind the initiative that's been put
forth by your County Manager.
In that regard, speaking for myself as a business owner, as
someone who has spent their entire adult life here in Collier County, I,
and we, fully endorse the County Manager's proposal for a
public /private partnership for the economic and business development
of this community.
Thank you very much.
MR. MITCHELL: Mr. Reagen will be followed by Clark Hill.
MR. REAGEN: Mr. Chairman and Commissioners, I'm -- for the
record, I'm Mike Reagen with the Chamber of Commerce. May I do
something for a moment?
Ladies and gentlemen, all of you who are here to support this
measure, would you please stand up for a moment, please.
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June 26, 2012
Thank you very much.
COMMISSIONER FIALA: We should have the photographer
here.
MR. REAGEN: Mr. Chairman, we've tried very, very hard in the
past several years, particularly in the last six months, to move forward.
We have local businesses that we need to support. We need to grow
our own markets that we have here.
Clearly, we need to continue to retain businesses that we have.
We need to focus on reverse investment wherever we can, having
people invest in the community. And, obviously, down the road in the
character that fits our community, we've got to do everything we can
to encourage new businesses to come here.
We think that the -- we have complete confidence in Mr. Ochs.
We think he's an outstanding public administrator. I've had some
experience in my life, 30 years; I know what I'm talking about, and
he's good. We respect him. We think he'll do an excellent job for
you.
This is a good step forward to help coordinate some activities that
are appropriate already in county government to work with all of us
and others, as well as our neighbors in the region, and we urge your
unanimous support for this today.
Thank you.
MR. MITCHELL: Mr. Hill will be followed by Mayor Sorey.
MR. HILL: Good afternoon. My name is Clark Hill. Thank you
very much for having me here today and for listening to this proposal.
Today I'm speaking on behalf of the Collier County Hotel and
Tourism Alliance. We represent the tourism industry in Collier
County, and we wholeheartedly support Mr. Ochs and the proposal to
bring the economic development arm of our county to county
government.
Since I've been in Collier County, I haven't seen such a group of
diverse businesses, organizations, and people come together and agree
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June 26, 2012
on a single topic like I have this. It makes a lot of sense. The County
Manager has considerable support on this, certainly from the entire
business community and certainly from the hospitality community.
We're here to offer our assistance any way we can, and I ask that
we, as Mr. Morton said, have unanimous support on this.
Thank you.
MR. MITCHELL: Sir, Mayor Sorey will be your last speaker.
MAYOR SOREY: John Sorey, Mayor of the City of Naples, and
I just wanted to be here to echo what you've already heard, that the
City of Naples is supportive of this concept in working with you and
the County Manager to make this happen.
All of you know that there's been times in the past where
residents of the City of Naples were not very happy about economic
growth and economic diversification, but it's amazing what a little
economic downturn will do for that. I don't get that very much
anymore.
So the main thing that I wanted to do was let you know the City
of Naples is committed to doing everything we can to support the
County Manager on this initiative, and also we'd request unanimous
support.
Thank you.
CHAIRMAN COYLE: Thank you.
Okay. Does anybody have a motion?
COMMISSIONER FIALA: Yes.
COMMISSIONER HENNING: Motion to approve.
COMMISSIONER FIALA: Second.
COMMISSIONER COLETTA: Motion to approve.
CHAIRMAN COYLE: Motion to approve by Commissioner
Coletta (sic). I think it was seconded by Commissioner Henning (sic).
Okay. Any discussion? Does anybody feel compelled to talk
about this?
(No response.)
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June 26, 2012
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: You got your unanimous approval.
(Applause.)
COMMISSIONER HENNING: Good job, Leo.
COMMISSIONER HILLER: I would like to say one thing.
CHAIRMAN COYLE: We're going to take a break now.
COMMISSIONER HILLER: I'd like to say one thing.
CHAIRMAN COYLE: Go ahead.
COMMISSIONER HILLER: I think it's really commendable
that so many business owners in the community came out in support
of this today. And I would like to thank you -all for working so closely
with government to making our community economically successful.
I support what Commissioner Henning said. He's absolutely
right, this has to be a partnership. We have to work together to do the
best we can for the community.
So thank you so much for being here and taking time away from
your business.
CHAIRMAN COYLE: Thank you.
We're going to take a 10- minute break for the court reporter, and
then we'll be back here at 2:48.
(A brief recess was had.)
CHAIRMAN COYLE: Ladies and gentlemen, the Board of
County Commission meeting is back in session.
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June 26, 2012
Item #9A
ORDINANCE 2012 -26: PUDA- PL20110001497; BENT CREEK
PRESERVE RPUD -- AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED,
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
ESTABLISHED COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE APPROPRIATE ZONING
ATLAS MAP OR MAPS FOR A PROJECT PREVIOUSLY
KNOWN AS THE SUMMIT LAKES RESIDENTIAL PLANNED
UNIT DEVELOPMENT (RPUD) WHICH IS HENCEFORTH TO
BE KNOWN AS THE BENT CREEK PRESERVE RPUD, TO
ALLOW CONSTRUCTION OF A MAXIMUM OF 450
RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED
APPROXIMATELY ONE -HALF MILE EAST OF THE
INTERSECTION OF COLLIER BOULEVARD (C.R. 95 1) AND
IMMOKALEE ROAD (C.R. 846) IN SECTION 26, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 138.4 +/- ACRES; PROVIDING FOR REPEAL
OF ORDINANCE NUMBER 06 -62, THE SUMMIT LAKES RPUD;
AND BY PROVIDING AN EFFECTIVE DATE — ADOPTED
MR. OCHS: Commissioners, this takes us to your advertised
public hearings, Item 9A on your agenda. Just a reminder,
Commissioners, Item 9A will be heard in conjunction with Item I IF,
which is a companion item and as the DCA that's related to this PUD
amendment.
9A, item -- excuse me. 9A requires that ex parte disclosure be
provided by commission members. All participants are required to be
sworn in.
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June 26, 2012
It's a recommendation to consider PUDA- PL20110001497, Bent
Creek Preserve RPUD, an ordinance of the Board of County
Commissioners of Collier County, Florida, amending Ordinance No.
2004 -41, as amended, the Collier County Land Development Code,
which established the comprehensive zoning regulations for the
unincorporated area of Collier County, Florida, by amending the
appropriate zoning atlas map or maps for a project previously known
as the Summit Lakes residential planned unit development which is
henceforth to be known as the Bent Creek Preserve RPUD, to allow
construction of a maximum of 450 residential dwelling units on
property located approximately one -half mile east of the intersection
of Collier Boulevard and Immokalee Road in Section 26, Township 48
south, Range 26 east, Collier County, Florida, consisting of 138.4
plus -or -minus acres; providing for the repeal of Ordinance 06 -62, the
Summit Lakes RPUD; and by providing an effective date.
County Attorney, do I need to read the companion item also at
this point, or do you want to take them sequentially?
MR. KLATZKOW: I would take it sequentially.
MR. OCHS: Okay.
CHAIRMAN COYLE: But they both will be heard before we
vote on the first one.
MR. OCHS : Thank you, sir; that's correct.
CHAIRMAN COYLE: Okay. Will all the people who are going
to provide testimony in this petition, please stand to be sworn in.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN COYLE: Okay. Ex parte disclosure by
commissioners. We'll start with Commissioner Hiller.
COMMISSIONER HILLER: I reviewed the staff report, and I
also had communication with Bruce Anderson and Nick Casalanguida.
CHAIRMAN COYLE: Commissioner Fiala?
COMMISSIONER FIALA: Yes. I also reviewed the staff
report, and I also spoke with Bruce Anderson.
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June 26, 2012
CHAIRMAN COYLE: And I reviewed the staff report, and I
met with Bruce Anderson.
Commissioner Coletta?
COMMISSIONER COLETTA: I don't think I'm going to be
much different, but let's give it a try. I reviewed the staff report --
CHAIRMAN COYLE: Bet you can't say it like I did.
COMMISSIONER COLETTA: -- and I had a phone meeting
with Bruce Anderson yesterday.
CHAIRMAN COYLE: A phone meeting?
COMMISSIONER COLETTA: Phone.
CHAIRMAN COYLE: Oh, phone conversation, okay. All right.
Commissioner Henning?
COMMISSIONER HENNING: I received a Planning
Commission report and spoke to staff.
CHAIRMAN COYLE: Okay. Thank you.
MR. ANDERSON: Good afternoon, Mr. Chairman,
Commissioners. My name is Bruce Anderson from the Roetzel &
Andress law firm here on behalf of Centerline Homes, the property
owner and developer.
I want to introduce two of my clients with me today; Rob
Stiegele is the executive vice president of Centerline Homes; and
Jonathan Keith, vice president of land acquisition and development.
I'll be very brief.
This proposal reduces the density of an existing PUD from 968 to
450. It deletes all references and density bonuses associated with the
provision of affordable housing.
I have additional details if you want to go through them but,
otherwise, this would have qualified for your summary agenda but for
the developer agreement that Mr. Casalanguida is going to talk to you
about.
CHAIRMAN COYLE: Okay. Thank you.
COMMISSIONER FIALA: Motion to approve.
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June 26, 2012
COMMISSIONER COLETTA: Second.
CHAIRMAN COYLE: Well, Nick has to get this on record, I
think, but we have a motion to approve by Commissioner Fiala,
second by Commissioner Coletta.
Go ahead, Nick.
MR. CASALANGUIDA: I won't take victory out of the jaws of
defeat, right; how does that go?
For the record, Nick Casalanguida. I just want to thank Attorney
Klatzkow and George's team. They worked hard with public utilities.
And we'd like to welcome Centerline Homes to Collier County and let
them know that we're open for business and work with them.
The agreement is pretty straightforward. If I -- unless I have
questions from the commission, I'm not going to belabor the item. So
-- very good.
CHAIRMAN COYLE: Okay. That's all you need to say, right?
MR. CASALANGUIDA: Yes, sir.
CHAIRMAN COYLE: It's snatch defeat from jaws of victory.
MR. CASALANGUIDA: Yeah, I know.
CHAIRMAN COYLE: That's it.
MR. CASALANGUIDA: It goes backwards sometimes, yeah.
CHAIRMAN COYLE: Public speakers?
MR. MITCHELL: We have one speaker; Burt Saunders.
MR. SAUNDERS: I like what you just said, so I'm going to sit
down.
CHAIRMAN COYLE: Okay.
MR. MITCHELL: Sir, that was your last speaker.
CHAIRMAN COYLE: All right. All in favor of the motion,
please --
MR. KLATZKOW: Before we vote, there's a companion item.
You may want to hear that.
CHAIRMAN COYLE: Oh, that's true. We want to hear --
COMMISSIONER FIALA: Don't we have to vote on this first?
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June 26, 2012
CHAIRMAN COYLE: No. 11 F. No, we need to hear 11 F, and
then we will vote this item.
Item #1 I F
RECOMMENDATION TO APPROVE THE TERMINATION OF A
DEVELOPER CONTRIBUTION AGREEMENT (DCA)
BETWEEN COLLIER COUNTY ( "COUNTY") AND
WATERWAYS JOINT VENTURE V AND APPROVE A NEW
DCA BETWEEN THE COUNTY, BENT CREEK PRESERVE,
LLC ( "BENT CREEK "), CALUSA PINES GOLF CLUB, LLC
( "CALUSA ") AND WELLS FARGO BANK, N.A. ( "BANK ") TO
FUND, DESIGN, PERMIT, AND CONSTRUCT A PORTION OF
WOODCREST DRIVE FROM IMMOKALEE ROAD TO
ACREMAKER ROAD — APPROVED
MR. OCHS: Yes, sir. That's a recommendation to approve the
termination of a developer contribution agreement between Collier
County and Waterways Joint Venture V and approve a new DCA
between the county, Bent Creek Preserve, LLC, Calusa Pines Golf
Club, LLC, and Wells Fargo Bank to fund, design, permit, and
construct a portion of Woodcrest Drive from Immokalee Road to
Acremaker Road.
Mr. Casalanguida?
MR. CASALANGUIDA: That's it, sir. Unless you want to
answer some -- have me answer some questions. I can take you
through the document, but I think --
COMMISSIONER COLETTA: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Okay. We have a motion to approve by
Commissioner Coletta and a second by Commissioner Fiala for 11F.
Now, let's go to 9A. We had a motion there. All in favor of the
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June 26, 2012
motion, 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: 9F passes unanimously.
Now, for 11 F -- 9A passes unanimously.
11F, 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.
COMMISSIONER FIALA: Looks like everybody made a trip
down here for a very short stay, huh?
CHAIRMAN COYLE: Okay. Good luck to you. Thank you.
MR. STIEGELE: Thank you.
Item #14B3
RECOMMENDATION THE COMMUNITY REDEVELOPMENT
AGENCY (CRA) APPROVE AND EXECUTE AN IMPACT FEE
ASSISTANCE GRANT AGREEMENT BETWEEN THE CRA
AND A GRANT APPLICANT IN THE BAYSHORE GATEWAY
TRIANGLE AREA (2654 BAYVIEW DRIVE, $7,063.31) —
APPROVED
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June 26, 2012
MR. OCHS: Commissioners, that takes you to Item 14 on your
agenda, Community Redevelopment Agency. I think we'll take the
add -on item first, if that's okay, Mr. Chairman.
We had an item -- not an add -on -- a move from your CRA
consent agenda to become 14B3 on your agenda this afternoon.
It's a recommendation for the Community Redevelopment
Agency to approve and execute an impact -fee assistance grant
agreement between the CRA and a grant applicant within the
Bayshore /Gateway Triangle area located at 2654 Bayview Drive.
CHAIRMAN FIALA: Which number was that, Leo?
MR. OCHS: This is Item --
COMMISSIONER COYLE: 14B3.
MR. OCHS: -- 14133 was previously 16137, ma'am, on your
consent agenda.
Mr. Jackson will present.
MR. JACKSON: David Jackson, executive director of the
Bayshore /Gateway Triangle Redevelopment Agency.
This item was put on consent initially. It had a couple of errors
in it, so we pulled it off and corrected the errors, and it should have
been submitted to you as part of an addendum. And we brought it on
the regular agenda so we could address it.
Specifically, all the data in there was correct but there was an
address that was left in -- because this is pretty much a boilerplate
form that we have in executive summary. There was an address of
2905 Davis Boulevard with the correct amount of funds, but it -- the
address should be 2654 Bayview Avenue.
This is the first impact- fee - assistance grant that we've ever given,
and it is for a home to be built on a lot that has never had a house on it
before. And the people asked for this impact -fee assistance because it
is what will make them able to build the house.
So we will be putting on a waterfront lot, canal waterfront lot, a
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June 26, 2012
house in the neighborhood of 180- to $220,000, and we will receive
the benefit of the tax increment on that.
We're looking for a motion and second for a approval.
CHAIRMAN FIALA: Will it be an owner - occupied home,
David?
MR. JACKSON: Yes, ma'am.
CHAIRMAN FIALA: Okay. I make a motion to approve.
COMMISSIONER COYLE: By Commissioner Fiala. Second by
who? I'll --
COMMISSIONER HENNING: Second by the --
COMMISSIONER COYLE: Okay. Second by Commissioner
Henning.
COMMISSIONER HENNING: Who's the vice chair of the
CRA? I'll second it.
CHAIRMAN FIALA: Oh, I forgot. I'm supposed to be --
COMMISSIONER COYLE: You're supposed to be doing this.
I'm sorry. There you go.
Well, anyway you've got a motion.
CHAIRMAN FIALA: I'm calling the CRA meeting to order.
COMMISSIONER COYLE: Yes. And you've got a motion and
a second. I think -- did you second it, Commissioner Henning?
COMMISSIONER HENNING: I did.
COMMISSIONER COYLE: You did, okay.
CHAIRMAN FIALA: And you had your light on?
COMMISSIONER COYLE: He did. Yes, he did. I didn't call --
COMMISSIONER HENNING: Yeah, turn it off.
CHAIRMAN FIALA: Okay, fine.
Commissioner Hiller?
COMMISSIONER HILLER: So if I understand, the CRA is
going to pay the impact -fee fund the $7,063 in impact fees?
MR. JACKSON: We will reimburse the owner upon CO of the
house. We do not pay in advance. We wait for the house to be built.
June 26, 2012
All payments -- all payments will be made. Impact fees -- they get a
voucher from the impact -fee office that it's been paid, and they have a
CO for the house, and then we reimburse them through the Clerk of
Clerks.
COMMISSIONER HILLER: Are there any public speakers on
this?
MR. MITCHELL: No, Commissioner.
CHAIRMAN FIALA: I know I'm a little biased, but I'll jump in
here and say all of these grants that you have given people for a
business or for homes have made such an improvement in the
appearance of that area. It's amazing. You know, you don't think --
when you see just one here and one here, you don't realize what a
difference it makes. But when you drive down there, it's just really an
eye- opener, and I just want to congratulate you on all the good work
you've done.
Thank you.
MR. JACKSON: Yes, ma'am. And just to add, this is the third
new - construction home that we'll have started this year. They're all
owner - occupied construction projects.
CHAIRMAN FIALA: Thank you.
Okay. I have a motion and a second. All in favor, signify by
saying aye.
COMMISSIONER HILLER: (No verbal response.)
CHAIRMAN FIALA: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, by like sign.
(No response.)
CHAIRMAN FIALA: Very good. Passes unanimously.
The CRA meeting --
MR. OCHS: No. You still have --
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June 26, 2012
CHAIRMAN FIALA: Is there any more?
MR. OCHS: -- one more item, yes, ma'am.
Item #I 4B 1
RECOMMENDATION THE COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY (CRA) ACCEPT AND APPROVE
A BAYSHORE GATEWAY TRIANGLE CRA EXECUTIVE
DIRECTOR TERMINATION AND SETTLEMENT AGREEMENT
AND AUTHORIZE THE CRA CHAIRMAN TO SIGN —
APPROVED
You have one more item and that is Item 14B 1. It's a
recommendation that the Collier County Community Redevelopment
Agency accept and approve a Bayshore /Gateway Triangle CRA
executive director termination and settlement agreement and authorize
the CRA chairman to sign.
CHAIRMAN FIALA: Okay. Any discussion on this, Board
members?
COMMISSIONER COYLE: Motion to approve.
CHAIRMAN FIALA: I have a motion to approve, and --
COMMISSIONER COLETTA: Second.
CHAIRMAN FIALA: Second.
Any discussion, further discussion?
(No response.)
CHAIRMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER HILLER: (No verbal response.)
CHAIRMAN FIALA: Aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER COLETTA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, by like sign.
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June 26, 2012
(No response.)
CHAIRMAN FIALA: Good. Passes unanimously.
Thank you very much.
David, it's been great working with you.
COMMISSIONER HENNING: Holy crow, 3 o'clock.
CHAIRMAN FIALA: And the CRA meeting has ended. Back
to you.
CHAIRMAN COYLE: There's nothing left for me to do.
MR. OCHS: Well, you have Item 15, sir, staff and commission
general communications.
CHAIRMAN COYLE: Well, that's nothing.
COMMISSIONER HENNING: Did we do the north water
treatment plant?
MR. OCHS: Yes, sir, you did that early this morning, yes.
COMMISSIONER HENNING: We did?
CHAIRMAN COYLE: Okay. So we've got them all, right?
MR. OCHS: Yes, sir.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
CHAIRMAN COYLE: Okay. We'll start with staff and
commission general communications with Commissioner Hiller.
COMMISSIONER HILLER: I look forward to the budget
meeting on Thursday. Should be fun.
CHAIRMAN COYLE: Uh -oh, uh -oh.
COMMISSIONER HILLER: Especially with Commissioner
Coyle there. Now, if he wasn't there, it wouldn't be so much fun.
CHAIRMAN COYLE: That's true.
COMMISSIONER HILLER: With him there, it would, you
know --
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June 26, 2012
CHAIRMAN COYLE: Maybe I can be excused.
COMMISSIONER HILLER: I would make that motion at every
meeting.
CHAIRMAN COYLE: I'll second it.
COMMISSIONER HILLER: Hey, you know, Oregon is looking
really attractive in the summer?
CHAIRMAN COYLE: What is?
COMMISSIONER HILLER: Oregon.
CHAIRMAN COYLE: Oh, is it really?
COMMISSIONER HILLER: Yeah, it's beautiful out there.
CHAIRMAN COYLE: I wish I could experience it.
COMMISSIONER HILLER: I wish you could, too. I'm just
kidding.
CHAIRMAN COYLE: Okay. You finished?
COMMISSIONER HILLER: Yeah.
CHAIRMAN COYLE: Okay. Commissioner Fiala?
COMMISSIONER HILLER: I would miss you.
CHAIRMAN COYLE: Yes, I'm sure.
COMMISSIONER FIALA: No.
CHAIRMAN COYLE: Nothing?
COMMISSIONER FIALA: It's kind of nice. Now we can start
digging into all the backlog.
CHAIRMAN COYLE: Yes, okay.
Okay. I -- no, I don't have anything right now.
Commissioner Coletta, go ahead.
COMMISSIONER COLETTA: Yes, I do have one thing. This
Saturday at 10 o'clock we're going to have a ribbon cutting for the
opening of the lake, Big Jim Bass Lake up in Corkscrew, Corkscrew
Island Regional Park. This is big, because we've been -- we've had
this 90 -acre lake in our inventory for six, seven years, and we finally
gained an access to it.
Now, it's a walk -in access. It will accommodate about three or
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June 26, 2012
four cars at one time to park along the road. When they go in, they
have to -- they do have canoes back there for people to use. People
can access these canoes by signing them out from the cooperative --
excuse me -- from the agriculture extension building on Immokalee
Road by the fairgrounds.
We're going to have the ribbon cutting at 10 o'clock. I hope
anyone that has an interest in very good bass fishing will show up and
see what it's all about and -- looking very much forward to it. It's been
a long time coming.
Thank you very much to staff for making it all possible.
CHAIRMAN COYLE: Let me get to Commissioner Henning
first.
COMMISSIONER FIALA: Sure.
CHAIRMAN COYLE: And then we'll come back to you.
Commissioner Henning, go ahead.
COMMISSIONER HENNING: Thank you. Today's been very
pleasurable; I appreciate the cooperation from my colleagues.
I do have a question of staff. In talking to Nick, he knows these
questions are coming. We're reading in the Naples Daily News about
these 10,000 properties, an article, a result from -- is it from the
Tomasello study that these 10,000 properties came out?
MR. CASALANGUIDA: No. It's actually -- it's part of the
FEMA update. I was reading the press release that you sent me. It's
the first time I saw it and took a look at it.
COMMISSIONER FIALA: I haven't seen it.
MR. CASALANGUIDA: Apparently they're referencing a
LOMA, Letter of Map Amendment, and the Commissioner forwarded
it to me.
FEMA is going to allow full -panel amendments. Now, I've never
heard of a full -panel amendment before. So I sent an email to staff
and said, please explain what a full -panel amendment is. I've done
single lot map amendments, and I've done neighborhoods, but a
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June 26, 2012
full -panel amendment's a little bit different.
Just to clarify. And, Commissioner, please stop me anytime you
wish to ask the question. But we've got a couple basins that we
updated in our map. And we've talked to Tomasello as recently as a
couple -- a week or so ago, and he said, in about another month or two
he'll have three more basins done.
Where I'll need assistance from the commission is getting a letter
to FEMA to say accept those three basins in segments. Don't wait till
they're all done, because that will take us another 18 months that we
talked about.
But I'll probably have to clarify, Commissioner, what a full -panel
amendment is.
COMMISSIONER HENNING: Yeah, I think that's important --
MR. CASALANGUIDA: I do.
COMMISSIONER HENNING: -- that we understand and also
the public understands. Like I explained to Nick, looking at the
addresses, a part of those 10,000 communities that have been built
recently or at a flood elevation of 15 feet or above, some of those are
in an X, and then right across the street there is an AH. So, I mean, it's
very confusing. If they're saying they're doing a global thing, that will
be great.
When is the schedule for Mr. Tomasello's basin study to be
done?
MR. CASALANGUIDA: We have about 18,1 would say, to 24
months before they're all done. Again -- and this is important for the
viewer's at home. We're going to get three more basins completed,
and we're looking, obviously, for the most contiguous basins to the
ones we've done so that they'll match properly.
That will be done in about August, is what I'm told,
August /September, maybe even a little bit sooner.
What the challenge staff will have is we'll have to request a letter
from the board to FEMA to say, please accept a map amendment in
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June 26, 2012
phases. Because, again, as I -- I want to make sure people understand,
you can do a Letter of Map Amendment at anytime. The cost to
FEMA is zero. Obviously, you have to pay a surveyor to do it. That's
for a LOMA.
Now, if you're on a coastal boundary, you have to do what's a
little more detailed, and I think that's what Commissioner Hiller was
referencing, which was expensive.
COMMISSIONER HILLER: Right.
MR. CASALANGUIDA: You're doing a coastal model analysis,
that can be several thousand dollars.
So if a homeowner is in a map that's incorrect, when we say -- or
less accurate compared to the new data, they can file a LOMA or
LOMAR with FEMA at no charge other than your cost to hire a
surveyor.
We have put on, at the direction of the County Manager, some
additional job bank staff. We've been fielding a lot of phone calls, and
I must tell you, we're doing this -- and I think our staff s doing a real
good job at helping the folks come in, sit down with us. We give them
copies of the maps. We actually look up their home for them.
So for the people that are watching, please come to our offices
and go to the website we have on that references FEMA at our home
page, and we will assist you.
COMMISSIONER HENNING: Now, does this new study area
include Marco Island and Everglades City also?
MR. CASALANGUIDA: They will include all of Collier
County when we're done.
COMMISSIONER HENNING: Okay. Well, you know, it
appears that, from this press release that was done and the information
on our website, most of the properties are in Golden Gate Estates.
MR. CASALANGUIDA: In terms of the LOMA.
COMMISSIONER HENNING: The LOMAR, right.
MR. CASALANGUIDA: LOMA.
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June 26, 2012
COMMISSIONER HENNING: LOMA.
MR. CASALANGUIDA: LOMAR is in the coast, yes.
COMMISSIONER HENNING: LiDAR, LOMA. It's all Greek
to me.
MR. CASALANGUIDA: That's FEMA. It's a different --
different country sometimes.
COMMISSIONER HENNING: Well, I think it's worth a little
explanation about the press release and where it came from and what
it does.
MR. CASALANGUIDA: We can do that.
COMMISSIONER HENNING: You know, we have several
properties that they're going to be getting flood insurance based upon
the information --
MR. CASALANGUIDA: Right.
COMMISSIONER HENNING: -- that we provide or maybe
FEMA provides, and then we update the maps, and they might find
out that they're not in the flood zone, they didn't need the flood
insurance costing thousands of dollars per household. Who are they
going to point their finger to?
MR. CASALANGUIDA: Well, I know which direction I'd point
their finger to. It's FEMA. They've been challenging, at best. And I'm
not going to make any bones about it. I've been on several conference
calls with them, and I'm not having fun with Federal Highway or
FEMA lately, so -- but we will assist them the best we can.
We'll show them what I would call the least path of resistance to
get the maps amended or to choose to buy flood insurance and explain
what the consequences are.
I've gotten probably six or seven emails the past week thanking
us. I think Leo's seen some of the emails that they're thanking staff for
the assistance that our staff has given them.
We are spending quite a bit of time making sure that folks
understand their options so that they make the best choice for them.
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June 26, 2012
And that's all we can do. It is a federal requirement.
COMMISSIONER HENNING: Well, these are FEMA maps --
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER HENNING: -- that are saying you're in a
flood zone, okay. And then the county, through its consultant, are
trying to update those maps to show your property whether it is in a
flood zone or not.
MR. CASALANGUIDA: That's right.
COMMISSIONER HENNING: So if it isn't in a flood zone, I
would think the agency would be responsible to that resident that
bought insurance. And that's something that we might have to deal
with later on.
MR. CASALANGUIDA: Yes, sir, I think we will, because it is
outside our purview. It's up to FEMA, really.
COMMISSIONER HENNING: It is. We're just trying to do the
best thing to our residents, but it's costing tens of millions -- millions
of dollars to our residents, and that money should come back to
Collier County if they're proven wrong. But we can deal with that
later on.
MR. CASALANGUIDA: We can certainly ask for that.
COMMISSIONER HENNING: Right, Jeff? With our --
CHAIRMAN COYLE: We can certainly ask.
COMMISSIONER HENNING: -- delegation.
CHAIRMAN COYLE: I don't know if they'll give you an
answer.
MR. KLATZKOW: You can ask, but --
COMMISSIONER HENNING: Well, I think we need to step up
and get Congress involved in this one.
MR. KLATZKOW: I find the Feds impossible to deal with on
every level. They're the most arrogant people I've ever dealt with,
whether it's FEMA or if it's Federal Highway or if it's working on
preserves or environmental. They're very arrogant.
Page 157
June 26, 2012
COMMISSIONER HENNING: Okay. Well --
MR. CASALANGUIDA: I'm biting my tongue.
COMMISSIONER HENNING: Yeah, I'm not going to say
anything on that either.
CHAIRMAN COYLE: Where did the term "full panel" come
from?
MR. CASALANGUIDA: That's what I just -- I sent the email to
staff. I said, there's a press release that's referencing a full -panel
amendment. I've done single -lot amendments; I've done area
amendments. A full -panel amendment is saying that we're broken
down not into basins but panels. And what they're saying is -- so there
could be a hundred panels in Collier County.
My understanding from what I've read of the Letter of Map
Amendments in my experience in the past is a panel amendment is
saying, if a whole neighborhood -- I'll use Island Walk as a simple
example -- and they have a panel for that and they can prove that that
whole neighborhood is new to the map, in other words, it wasn't there
in 2003 but is now -- here now, that you'll be able to update the whole
panel at one time, and that's what I believe a full -panel amendment is,
Mr. Chairman.
CHAIRMAN COYLE: Well, for reconnaissance flights a full
panel is a distance from Point A to Point B flown in a single flight at a
constant altitude. A mosaic is a larger map made up by panels.
So I think you're right, that it covers whatever was mapped in a
single flight over a single area from Point A to Point B without any
turns at a constant altitude, because that gives you consistent
information.
Other things need adjustment to make them work -- match up in a
mosaic, but -- so if -- that's good news if that's what it is.
MR. CASALANGUIDA: I think it is good news. I just read the
press release, and my understanding of the terminology is good. They
will -- instead of doing a lot map amendment which, again, they're
M. IV
June 26, 2012
going to -- I think FEMA recognizes if I get a neighborhood of a
thousand homes, they don't want to see a thousand review
applications.
I think they're doing it for their own reason as well, because
they'd rather get one application for review and say, I'm going to take
a whole neighborhood and do the update to the panel, because I'm
going to get one thousand individual applications that are going to bog
them down.
So it's good for them and it's good for the community. So I'm
going to do a little more research, and I'll make sure we do a
clarification as to what it means and how a neighborhood can apply,
and we'll make sure we're very clear with our citizens.
CHAIRMAN COYLE: Okay.
COMMISSIONER HENNING: Okay. Commissioner?
CHAIRMAN COYLE: I'm sorry, go ahead.
COMMISSIONER HENNING: Yeah, just one more thing.
Leo -- this has nothing to do with you, Nick.
Leo has been working with me on the budget stuff, and -- early
on, and I really appreciate that. The -- there's an opportunity to look at
other sources for David Lawrence, and Leo's going to look at that and
hopefully have some information tomorrow for the board at its budget
hearing.
CHAIRMAN COYLE: Good. Commissioner Fiala?
COMMISSIONER FIALA: Yes.
Could you send me a copy of that? I never even saw that about
the homes, the 10,000 homes.
COMMISSIONER HENNING: The press release?
COMMISSIONER FIALA: Yes.
COMMISSIONER HENNING: Okay.
COMMISSIONER FIALA: Oh, thank you so much. I'd
appreciate that. And the other thing --
COMMISSIONER HENNING: How do you spell your name?
Page 159
June 26, 2012
CHAIRMAN COYLE: A- 1- a -i -f.
COMMISSIONER FIALA: And the other thing I wanted to say,
just -- I know we've all talked -- well, we've read about it quite a bit,
but we lost a good friend. And I went to the funeral at Stan's the other
day, and -- man, he was a good guy, and you never know how many
people he's helped. And he even planned his own funeral down to
what times to serve what, and how -- what kind of food to serve. Bless
his sweet heart. I just wanted to say a special goodbye.
Thank you.
CHAIRMAN COYLE: Okay.
MR. OCHS: Mr. Chairman?
CHAIRMAN COYLE: Yes.
MR. OCHS: If I might, just two quick items of updates.
The first is just to let you know that the Clerk of the Courts has
sent his request to the Attorney General for an opinion on his ability to
escrow funds for payment of these relocation of underground utilities
and burying of underground utility lines.
So, you know, I appreciate the Clerk and Ms. Kinzel getting that
out and up to the Attorney General. We look forward to a response as
soon as we can on that. So hopefully that will give us more guidance
and we can move forward most cost efficiently on these relocations
with state -- in conjunction with state projects that are upcoming.
And the last thing -- and I hate to do this when you're all giddy
about being out of here for several weeks. But I need to tell you that
when you come back for your meeting on the 24th of July, our good
friend Mr. Casalanguida has about 20 fairly direct LDC amendment
items that he wants you to deal with. I'm suggesting -- and we
checked with Mr. Mitchell on your calendars -- that we might want to
set that, Mr. Chairman, for a time - certain to be heard maybe the
following day so we don't clog up the rest of your meeting the 24th.
You don't have to decide right now, but I wanted to let you know.
COMMISSIONER HENNING: That's mini - season.
Page 160
June 26, 2012
MR. OCHS: -- in case you want to bug out right after the 24th.
COMMISSIONER FIALA: They're all four votes, right?
CHAIRMAN COYLE: Is that mating season?
COMMISSIONER FIALA: They're supermajority votes on the
LDC?
MR. OCHS: Yeah. Pardon me?
COMMISSIONER FIALA: They're all supermajority votes on
the LDC?
MR. CASALANGUIDA: Yes, they are, ma'am.
MR. OCHS: Adoption hearing.
MR. CASALANGUIDA: And then we've broken them down
into three. We're bringing you the easier ones first, so -- the ones that
have gone through Planning Commission and vetting through
committees that have not had much controversy. So we're going to try
and make the first round very simple and hopefully not bring you
anything that's going to take you a lot of discussion. Everybody's
smiling as I say that.
MR. OCHS: Just wanted you to know it's coming.
That's all I had, sir.
CHAIRMAN COYLE: Okay.
COMMISSIONER HENNING: Motion to adjourn.
CHAIRMAN COYLE: Motion to adjourn by Commissioner
Henning.
COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Second by Commissioner Fiala.
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: We're adjourned.
Page 161
June 26, 2012
* * * * Commissioner Hiller moved, seconded by Commissioner
Henning and carried unanimously that the following items under the
Consent and Summary Agendas be approved and /or adopted * * * *
Item # 16A 1
CONTRACT #12 -5880 WITH BONNESS, INC. FOR YAHL
STREET ROAD IMPROVEMENTS (FROM PINE RIDGE ROAD
TO THE NORTH END) PROJECT NO. 60182 -3 FUNDED BY
PINE RIDGE INDUSTRIAL PARK MSTU, IN THE AMOUNT OF
$880,552.84 PLUS A TEN (10) PERCENT CONTINGENCY OF
$88,055.28 TOTALING $968,608.12 — TO MILL & RESURFACE
PAVEMENT, CONSTRUCT PAVED SHOULDERS ON BOTH
SIDES OF THE ROAD, FOR DRAINAGE IMPROVEMENTS
AND TO RECONSTRUCT ALL EXISTING DRIVEWAYS
Item #I 6A2
RESOLUTION 2012 -112: FINAL APPROVAL OF PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE
FINAL PLAT OF ROYAL PALM GOLF ESTATES UNIT ONE
WITH ROADWAY AND DRAINAGE IMPROVEMENTS
PRIVATELY MAINTAINED AND THE RELEASE OF THE
MAINTENANCE SECURITY AND ACCEPTANCE OF PLAT
DEDICATIONS
Item #I 6A3
RECORDING THE FINAL PLAT OF REFLECTION LAKES AT
NAPLES PHASE 3A, APPLICATION NUMBER PL20120000147,
Page 162
June 26, 2012
APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF THE PERFORMANCE SECURITY
Item #I 6A4
RECORDING THE FINAL PLAT OF QUARRY PHASE 4,
APPLICATION NUMBER PL20110002575, APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY — SUBDIVISION LOCATED OFF
F IMMOKALEE ROAD
Item # 16A5
RESOLUTION 2012 -113: CONSTRUCTION AGREEMENT WITH
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR
THE COLLIER AREA TRANSIT INTERMODAL TRANSFER
STATION PROJECT AND RESOLUTION AUTHORIZING THE
CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS
(BCC) TO SIGN THE AGREEMENT — FOR A CONNECTION TO
THE EXISTING SIDEWALK ON US 41 AT THE COLLIER
COUNTY GOVERNMENT CENTER COMPLEX
Item # 16A6
THE 2012 ANNUAL PROGRESS REPORT TO THE COLLIER
COUNTY TRANSIT DEVELOPMENT PLAN AND SUBMISSION
TO THE FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT) — DEADLINE FOR SUBMITTAL IS SEPTEMBER 1, 2012
Item #I 6A7
Page 163
June 26, 2012
AN AMENDMENT TO ORDINANCE NUMBER 2011 -21,
THE PLANNED UNIT DEVELOPMENT (PUD) TIME LIMITS
AND TIME LIMIT EXTENSION REQUIREMENTS FOUND
IN SECTION 10.02.13.1) OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE (LDC) — WILL BE REEVALUATED
IN MAY, 2013
Item #I 6A8
AGREEMENT BETWEEN BIG CYPRESS GOLF & COUNTRY
CLUB ESTATES HOMEOWNERS ASSOCIATION, INC. AND
COLLIER COUNTY PERTAINING TO INSTALLATION AND
MAINTENANCE OF LANDSCAPE IMPROVEMENTS ON
SOLANA ROAD IN SUPPORT OF THE LANDSCAPE
BEAUTIFICATION MASTER PLAN — LOCATED OFF OF
GOODLETTE ROAD
Item #I 6A9
ONE (1) ADOPT -A -ROAD PROGRAM AGREEMENT FOR OLD
US 41 FROM COLLIER CENTER WAY NORTH TO THE LEE
COUNTY LINE WITH TODD WYATT BONDSMAN 24/7, AND
TWO (2) RECOGNITION SIGNS AT THE COST OF $150
Item #16A10
A BUDGET AMENDMENT OF $823,454.74 TO MOVE FUNDS
FROM THREE (3) PROJECTS IDENTIFIED IN STORMWATER
CAPITAL FUND 325 TO SIX (6) NEW PROJECTS AND ONE
ONGOING PROJECT — FOR THE FOLLOWING PROJECTS:
#60123, #60119, #60112, #60124, #60102, #60103 AND #51029
Page 164
June 26, 2012
Item # 16A 11
A WORK ORDER FOR GOLDEN GATE STORMWATER
IMPROVEMENTS FOR CORONADO PARKWAY AND HUNTER
BOULEVARD TO HASKINS, INC. IN THE AMOUNT OF
$360,811 PLUS A TEN (10) PERCENT CONTINGENCY OF
$36,081.10 TOTALING $396,892.10 (PROJECT NUMBER 51029)
— THE ORIGINAL DRAINAGE SYSTEM WAS CONSTRUCTED
IN THE 19605S AND HAS EXCEEDED ITS LIFESPAN AND IS
ALSO PART OF A LARGER REGIONAL DRAINAGE SYSTEM
THAT NEEDS TO BE REPLACED
Item #16Al2
A BOAT DOCK EXTENSION (BDE) ZONING FEE REDUCTION
REQUEST FOR THE WAHL BOAT DOCK EXTENSION —
REDUCTION IS RELATED TO REDUCED STAFF EFFORTS
REQUIRED TO REVIEW AND PROCESS THE NEW PETITION
Item #16A13
AN INCREASE IN THE AMOUNT OF THE PURCHASE ORDER
FOR EQUABLE REAL ESTATE SOLUTIONS, A REAL ESTATE
APPRAISAL FIRM, WHICH IS PROVIDING THE COUNTY
PRIMARY EXPERT WITNESS SERVICES IN THE PENDING
EMINENT DOMAIN VALUATION TRIAL FOR THE CASE
STYLED COLLIER COUNTY V. STONEBRIDGE COUNTRY
CLUB COMMUNITY ASSOCIATION, ET AL, PROJECT NO.
60116. (FISCAL IMPACT: NOT TO EXCEED $50,000) — IN
CONNECTION WITH SIX - LANING OF IMMOKALEE ROAD AT
THE GREENTREE SHOPPING CENTER
Page 165
June 26, 2012
Item #16A14
AMENDMENTS TO THE STAFF SERVICES AGREEMENT BY
AND BETWEEN THE COLLIER METROPOLITAN PLANNING
ORGANIZATION (MPO) BOARD AND COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS — ADDRESSING
PROVISIONS OF SECTION 339.175, FLORIDA STATUTES,
AND COMMENTS RECEIVED FROM FHWA, FDOT, COLLIER
COUNTY'S GMD AND THE MPO BOARD
Item #16A15
THE SHORT -LIST OF DESIGN PROFESSIONALS PURSUANT
TO RFP #12-5901 AND ENTER INTO NEGOTIATIONS
BETWEEN COLLIER COUNTY AND ATKINS NORTH
AMERICA FOR "CONSTRUCTION ENGINEERING AND
INSPECTION (CEI) AND RELATED SERVICES FOR US41 AND
SR/CR 951 INTERSECTION IMPROVEMENTS AND SR 951 -3R
IMPROVEMENTS (PROJECT 60116) — FOR IMPROVEMENTS
FROM SOUTH OF EAGLE CREEK DRIVE TO NORTH OF
TRIANGLE BOULEVARD & RESURFACING, RESTORATION
AND REHABILITIATION SOUTH OF FIDDLER'S CREEK
PARKWAY TO TOWER ROAD
Item #16A16
RESOLUTION 2012 -114: AUTHORIZING THE GROWTH
MANAGEMENT'S DIVISION TO ESTABLISH GUIDELINES
FOR PLACEMENT OF ADVANCE STREET NAME GUIDE
SIGNS ON COLLIER COUNTY ROADWAYS — TO INFORM
DRIVERS OF UPCOMING SIGNIFICANT AND INTERSECTING
STREETS
Page 166
June 26, 2012
Item # 16B 1
RECOGNIZING SUB - RECIPIENT GRANT FUNDING IN THE
AMOUNT OF $2,011,955.46 FROM THE COLLIER COUNTY
DEPARTMENT OF HOUSING, HUMAN & VETERAN
SERVICES DEPARTMENT TO THE IMMOKALEE CRA (FOR
DEPOSIT IN CRA GRANT FUND 715) AND ALL NECESSARY
BUDGET AMENDMENTS — HUD # 12DB-P5-09-2 1 -0 1 -K3 9
( IMMOKALEE STORMWATER IMPROVEMENTS)
Item #I 6B2
A COMMUNITY DEVELOPMENT SUBRECIPIENT BLOCK
GRANT FROM COLLIER COUNTY'S DEPARTMENT OF
HOUSING, HUMAN & VETERAN SERVICES DEPARTMENT
(HHVS) FOR THE IMMOKALEE CRA IN THE AMOUNT OF
$140,000 INTENDED TO FUND PEDESTRIAN CROSSWALK
IMPROVEMENTS IN THE IMMOKALEE CENTRAL BUSINESS
DISTRICT, AND ALL NECESSARY BUDGET AMENDMENTS —
HUD #B- 11 -UC -12 -0016 ( IMMOKALEE CRA- CROSSWALKS)
Item #16B3
APPLICATION AND RECIPIENT AGREEMENT FOR THE
IMMOKALEE CRA COMMERCIAL FACADE IMPROVEMENT
GRANT PROGRAM FOR REIMBURSEMENT OF $16,366.67
FOR FACADE IMPROVEMENTS TO CHEZ NUOS DADOU
RESTAURANT LOCATED AT 211 WEST MAIN STREET IN
IMMOKALEE, FLORIDA — IMPROVEMENTS INCLUDE NEW
CONCRETE BLOCKS, STUCCO, WINDOWS, DOORS, PAINT
AND DECORATIVE TRIM /SUNBURST
Page 167
June 26, 2012
Item #I 6B4
APPLICATION AND RECIPIENT AGREEMENT FOR THE
IMMOKALEE CRA COMMERCIAL FACADE IMPROVEMENT
GRANT PROGRAM FOR REIMBURSEMENT OF $2000 FOR
FACADE IMPROVEMENTS TO MINERS MARKET LOCATED
AT 521 SOUTH FIRST STREET IN IMMOKALEE, FLORIDA,
OWNED BY SHADI OF NAPLES, INC. — IMPROVEMENTS TO
THE ROOF AND STUCCO FACADE DAMAGED BY A FIRE
Item #16B5
CONVEYANCE OF A 15 -FOOT WIDE UTILITY EASEMENT BY
THE CRA TO IMMOKALEE WATER AND SEWER DISTRICT
ON CRA OWNED PROPERTY DEPICTED ON A LOCATIONAL
MAP AND EXHIBIT "A" OF A UTILITY EASEMENT TO
ACCOMMODATE AN EXISTING SANITARY SEWER LINE
RUNNING THROUGH A PARCEL AND AT A COST NOT TO
EXCEED $1,656.50 — FOLIO #00127565101
Item #16B6 — Commissioner Hiller Voted to Deny this Item
A COMMERCIAL BUILDING IMPROVEMENT GRANT
AGREEMENT BETWEEN THE CRA AND GRANT APPLICANT
IN THE BAYSHORE GATEWAY TRIANGLE AREA (3945
BAYSHORE DRIVE, $10,658.06) — FOR THE INSTALLATION
OF HURRICANE IMPACT GLASS, NEW SIGNS, STONE AND
FENCE FOR THE SIDE YARD AND REPAIR, SEALCOAT AND
STRIPING OF PARKING LOT
Item #16B7 — Moved to Item #14B3 (Per Agenda Change Sheet)
OEM
June 26, 2012
Item #16B8 — Commissioner Hiller Voted to Deny this Item
A COMMERCIAL BUILDING IMPROVEMENT GRANT
AGREEMENT BETWEEN THE CRA AND GRANT APPLICANT
IN THE BAYSHORE GATEWAY TRIANGLE AREA (2052
DANFORD STREET, $30,000) — IMPROVEMENTS INCLUDE A
NEW SLANT ROOF, WINDOWS, DOORS AND PRESSURE
WASHING
Item # 16C 1
SELECTION COMMITTEE'S RANKING AND TO ENTER INTO
NEGOTIATIONS FOR A CONTRACT FOR REQUEST FOR
PROPOSAL NO. 12 -5883, "MASTER PUMPING STATION 312
PROFESSIONAL SERVICES DURING CONSTRUCTION",
PROJECT NO. 72549, WITH AGNOLI, BARBER, & BRUNDAGE
— TO ENSURE PROPER ADHERENCE TO THE CONTRACT
Item #16C2
WORK ORDER UNDER RFQ #08- 5011 -62 IN THE AMOUNT
OF $2585218.13 TO QUALITY ENTERPRISES USA, INC., FOR
UNDERGROUND UTILITY CONTRACTING SERVICES FOR
SOUTH COUNTY REGIONAL WATER TREATMENT PLANT
REACTOR TANK REHABILITATION PROJECT NO. 70034 —
REPAIRING EXTERIOR CRACKS TO TANK 2 AND TANK 3
Item #16C3
BUDGET AMENDMENT OF $4001000 TO MOVE FUNDS FROM
PROJECT NO. 70087, VANDERBILT DRIVE WATER MAIN
REHABILITATION TO PROJECT NO. 70019, CROSS
Page 169
June 26, 2012
CONNECTION CONTROL PROGRAM — FUNDS USED TO
PURCHASE AND INSTALL BACKFLOW PREVENTION
DEVICES AND THE ASSOCIATED PLUMBING HARDWARE
Item #16C4
BUDGET AMENDMENT OF $7001000 TO MOVE FUNDS FROM
PROJECT NO. 70030, SOUTH REVERSE OSMOSIS WELLFIELD
REPAIR TO PROJECT NO. 70010, METER RENEWAL AND
REPLACEMENT — TO PUCHASE METERS, METER PARTS
AND PLUMBING SUPPLIES TO REINSTALL THE METERS
Item #16C5
COMMUNICATING SUPPORT FROM THE COLLIER COUNTY
WATER -SEWER DISTRICT BY LETTER, UNDER THE
SIGNATURE OF THE CHAIR OF THE BOARD OF COUNTY
COMMISSIONERS, EX- OFFICIO THE GOVERNING BOARD OF
THE COLLIER COUNTY WATER -SEWER DISTRICT, FOR THE
WATER INFRASTRUCTURE FINANCING INNOVATION ACT
TO OUR FEDERAL HOUSE & SENATE REPRESENTATIVES
AND TO ENCOURAGE THEM TO SIGN ON AS ORIGINAL
CO- SPONSORS OF THE LEGISLATION — AS DETAILED IN
THE EXECUTIVE SUMMARY
Item #16C6
CONTRACT NO. 12 -58941 IN THE AMOUNT OF $94857879 TO
YOUNGQUIST BROTHERS, INC., FOR THE SOUTH COUNTY
REGIONAL WATER TREATMENT PLANT DEEP INJECTION
WELL IW -1 TUBING REPLACEMENT, PROJECT #70088 — TO
REPLACING TUBING WITH FIBERGLASS REINFORCED PIPE
Page 170
June 26, 2012
Item # 16D 1
RESOLUTION 2012 -115: AN URBAN COUNTY COOPERATION
AGREEMENT WITH CITY OF NAPLES; CHAIR TO SIGN THE
APPROVING RESOLUTION AND STAFF TO FORWARD
SUPPORTING DOCUMENTATION TO U.S. HOUSING AND
URBAN DEVELOPMENT (HUD) TO COMPLY WITH HUD' S
URBAN COUNTY RE- QUALIFICATION REQUIREMENTS
Item #I 6D2
WORK ORDER WITH ATKINS NORTH AMERICAN, INC. FOR
PHYSICAL MONITORING UNDER CONTRACT #09- 5262 -CZ
FOR A NOT TO EXCEED TIME AND MATERIAL AMOUNT OF
$13552001 THE COUNTY MANAGER OR HIS DESIGNEE TO
EXECUTE THE WORK ORDER, AND MAKE A FINDING THAT
THIS ITEM PROMOTES TOURISM — FOR THE FOLLOWING
BEACHES: BAREFOOT BEACH /WIGGINS STATE PARK
BEACH, VANDERBILT BEACH, CLAM PASS BEACH, PARK
SHORE BEACH, NAPLES BEACH, SOUTH MARCO BEACH
AND DOCTORS PASS INLET
Item #I 6D3
TIME EXTENSION OF 4 MONTHS FOR CONTRACT #07 -4131
"GORDON RIVER GREENWAY PARK" WITH KIMLEY -HORN
& ASSOCIATES, INC. — DUE TO COMMUNITY INPUT IN
PRESERVING A STORM WATER POND AT THE ENTRANCE
TO THE NAPLES ZOO
Item #I 6D4
Page 171
June 26, 2012
ONE (1) SATISFACTION OF MORTGAGE FOR STATE
HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP)
SHORT SALE LOAN REPAYMENT ISSUED TO COLLIER
COUNTY — PROPERTY LOCATED AT 660 16TH STREET SE
Item #16D5
AMENDMENT NO. 2, CHANGING EXHIBIT A. THE PROJECT
SCOPE OF AN EXISTING SUBRECIPIENT AGREEMENT WITH
GOODWILL INDUSTRIES OF SOUTHWEST FLORIDA, INC. TO
UTILIZE ALL OF THE COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) FUNDING FOR COMPLETED RENOVATIONS
AT THE ROBERTS CENTER IN IMMOKALEE, FLORIDA —
HUD GRANT #B- 10 -UC -12 -0016
Item # 16D6
INVITATION TO BID (ITB) 12 -5862, NON -BULK CHEMICALS,
REAGENTS, AND POOL SUPPLIES FOR PARKS AND REC
POOLS WITH COMMERCIAL ENERGY SPECIALIST, INC.
(APPROXIMATE ANNUAL EXPENDITURE: $150,000)
Item #16D7
WAIVING COMPETITION "AFTER THE FACT" AND
AUTHORIZING THE PAYMENT OF INVOICE #2630 -QB TO
ALEX'S POOL HEATING AND AIR CONDITIONING FOR
$129000 TO REPLACE TWO CHILLERMEATERS AT THE
GOLDEN GATE AQUATICS FACILITY
Item #16D8
Page 172
June 26, 2012
RESOLUTION 2012 -116: REPEALS PREVIOUS RESOLUTIONS
ESTABLISHING AND AMENDING PARTS OF THE COLLIER
COUNTY PARKS AND RECREATION DEPARTMENT'S
FACILITIES AND OUTDOOR AREA LICENSE AND FEE
POLICY AND ESTABLISHES THE POLICY ANEW TO
INCLUDE A NON - RESIDENT ANNUAL PASS FOR SUN -N -FUN
LAGOON AND TO ALLOW OVERNIGHT PARKING WITH A
PERMIT AT DESIGNATED MARINA LOCATIONS
Item #I 6D9
WAIVING FORMAL COMPETITION UNDER THE COUNTY'S
PURCHASING POLICY APPROVING AND CHAIRMAN TO
SIGN A SUCCESSOR AGREEMENT TO CONTRACT #09 -5248
WITH VINCENT RAYMER, G.C. FOR THE COMPLETION OF
REHABILITATION OF THREE HOMES IN AN AMOUNT NOT
TO EXCEED $67,034 — FOR PROPERTY LOCATED AT 3870 4TH
AVENUE, 2975 4TH ST. NE AND 4735 6TH AVENUE
Item # 16E 1
UTILIZING WESTERN STATES CONTRACTING ALLIANCE
(WSCA) CONTRACT NO. 1907 ADAPTED BY THE STATE OF
FLORIDA WITH SPRINT SOLUTIONS, INC. FOR A PERIOD OF
FOUR YEARS AND THE CHAIRMAN TO EXECUTE THE
PARTICPATING ADDENDUM — FOR CONTINUED AND
UNINTERRUPTED SERVICE WITH SPRINT SOLUTIONS
Item #I 6E2
AMENDMENT NO. 07 TO THE AGREEMENT WITH COLLIER
COUNTY DISTRICT SCHOOL BOARD FOR THE DRIVER
Page 173
June 26, 2012
EDUCATION PROGRAM TO PROVIDE $178,000 IN FUNDING
Item #I 6E3
RECOGNIZING AND APPROPRIATING REVENUE FOR
SPECIAL FACILITY MAINTENANCE AND SECURITY
SERVICES IN THE AMOUNT OF $981532.65 TO THE
FACILITIES MANAGEMENT DEPARTMENT COST CENTER
AND ALL NECESSARY FY 2011 -12 BUDGET AMENDMENTS —
REIMBURSING FACILITIES FOR SPECIAL SERVICES
PROVIDED
Item #I 6E4
A SHARED PARKING AND ACCESS AGREEMENT WITH
NAPLES ZOO, INC., THE COUNTY AND THE CONSERVANCY
OF SOUTHWEST FLORIDA, INC. — THE PROPERTY IS THREE
ACRES OF VACANT LAND LOCATED EAST OF GOODLETTE
ROAD AND SOUTH OF GOLDEN GATE PARKWAY
Item #I 6E5
THE REVISED FREEDOM AND GORDON RIVER GREENWAY
PARKS LAND MANAGEMENT PLAN TO REFLECT CURRENT
PROJECT BOUNDARIES AND PLANS, REQUIRED BY THE
FLORIDA COMMUNITIES TRUST GRANT AGREEMENT —
THE LAST REVISION WAS IN 2007
Item #I 6E6
AN INTERDEPARTMENTAL AGREEMENT FOR LAND
MANAGEMENT AT FREEDOM PARK, REQUIRED BY THE
Page 174
June 26, 2012
FLORIDA COMMUNITIES TRUST GRANT AGREEMENT — TO
IDENTIFY SHARED MANAGEMENT RESPONSIBILITIES
Item #I 6E7
A REBATE RECEIVED FROM FLORIDA POWER AND LIGHT
(FP &L) IN THE AMOUNT OF $2565320 FOR THE CHILLER
REPLACEMENT /ICE STORAGE EXPANSION PROJECT
COMPLETED WITH GRANT FUNDS FROM UNITED STATES
DEPARTMENT OF ENERGY (DOE) AND THE NECESSARY
BUDGET AMENDMENT — FUNDS WILL BE USED TO
REPLACE MALFUNCTIONING THERMAL STORAGE TANKS
IN THE MAIN CHILLER PLANT
Item #16171
MEMORANDUM OF UNDERSTANDING BETWEEN COLLIER
COUNTY AND HABITAT FOR HUMANITY OF COLLIER
COUNTY, INC. TO SUPPORT EMERGENCY MANAGEMENT
ACTIVITIES RELATED TO NATURAL AND MANMADE
HAZARDS EMERGENCY RESPONSE — TO COORDINATE
RELIEF EFFORTS IN THE EVENT OF A DISASTER
Item #16172
RECOGNIZING CARRY FORWARD UP TO $3509000 IN
TOURISM PROMOTION FUND 184 FOR AN ENHANCED
SUMMERTALL CAMPAIGN AND ALL NECESSARY BUDGET
AMENDMENTS — FUNDS USED FOR TELEVISION, DIGITAL
AND SOCIAL MEDIA CAMPAIGNS AND STAFF EXPENSES
FOR MARKETING SUPPORT AND TRADE SHOW & TRAVEL
EXPENSES
Page 175
June 26, 2012
Item #16173
CHANGE ORDER #3 TO CONTRACT #10 -5541 WITH
PARADISE ADVERTISING AND MARKETING, INC. IN THE
AMOUNT OF $250,000 FOR A TOTAL OF $600,000 IN
ADDITIONAL MEDIA AND PRODUCTION BILLING AT
GROSS IN ACCORDANCE WITH THEIR AGREEMENT WITH
COLLIER COUNTY — FOR ADDITIONAL MEDIA AND
PRODUCTION EXPENDITURES AND STAFF GENERATED
MARKETING SUPPORT FOR TRADE SHOW AND TRAVEL
EXPENSES
Item #I 6F4
INTERLOCAL AGREEMENT NO. 12 -5834 BETWEEN COLLIER
COUNTY AND THE CITY OF MARCO ISLAND TO PROVIDE
FIRE PROTECTION AND RESCUE SERVICE TO THE
UNINCORPORATED AREA OF THE COUNTY KNOWN AS
GOODLAND
Item #16F5
RESOLUTION 2012 -117: FIXING THE DATE, TIME AND
PLACE FOR THE PUBLIC HEARING FOR APPROVING THE
SPECIAL ASSESSMENT (NON -AD VALOREM ASSESSMENT)
TO BE LEVIED AGAINST THE PROPERTIES IN THE PELICAN
BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT
Item #I 6F6
REPORT COVERING A BUDGET AMENDMENT IMPACTING
RESERVES IN AN AMOUNT UP TO AND INCLUDING $17,000
Page 176
June 26, 2012
AND BUDGET AMENDMENT MOVING FUNDS — FOR THE
INSTALLATION OF POOL LIFTS AT THE GOLDEN GATE
COMMUNITY PARK AND IMMOKALEE SPORTS COMPLEX
Item #16F7
RESOLUTION 2012 -118: AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FISCAL YEAR 2011 -12 ADOPTED
BUDGET
Item # 16G 1
A COMMON /CARGO /EXECUTIVE HANGAR LEASE
AGREEMENT BETWEEN THE COLLIER COUNTY AIRPORT
AUTHORITY AND COLLIER COUNTY SHERIFF'S OFFICE —
FOR A MONTH -TO -MONTH LEASE AT $1.479.03 PER MONTH
Item # 16H 1
COMMISSIONER FIALA'S REIMBURSEMENT REGARDING
ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC
PURPOSE. SHE ATTENDED THE MENTAL HEALTH
ASSOCIATION OF SWFL 55TH ANNIVERSARY SUNSET
CRUISE ON JUNE 23, 2012. A SUM OF $50 TO BE PAID FROM
COMMISSIONER FIALA'S TRAVEL BUDGET — HELD
ABOARD THE NAPLES PRINCESS
Item # 16J 1
DISBURSEMENTS FOR THE PERIOD OF MAY 2612012
THROUGH JUNE 15 2012 AND FOR SUBMISSION INTO THE
Page 177
June 26, 2012
OFFIICIAL RECORDS OF THE BOARD
Item #I 6J2
DISBURSEMENTS FOR THE PERIOD OF JUNE 212012
THROUGH JUNE 8, 2012 AND FOR SUBMISSION INTO THE
OFFICIAL RECORDS OF THE BOARD
Item #I 6J3
DECLINING A GRANT AWARD OF $110,000 FOR HOMELAND
SECURITY FISCAL YEAR 2010 OPERATION STONEGARDEN-
BORDER SECURITY FEDERAL GRANT #2010 -SS -TO -0092 —
REQUIREMENTS OF THE GRANT COULD PUT THE
SHERIFF'S OFFICE IN THE POSITION OF SPENDING MORE
MONEY ADMINISTERING THE GRANT THAN THE AMOUNT
AWARDED
Item #I 6J4
THE SIXTEENTH YEAR SCAAP LETTER DELEGATING
AUTHORITY TO SHERIFF KEVIN RAMBOSK TO BE THE
OFFICIAL GRANT APPLICANT AND CONTACT PERSON, OR
HIS DESIGNEE, AND TO RECEIVE AND EXPEND THE
PAYMENT OF THE SIXTEENTH YEAR OF STATE CRIMINAL
ALIEN ASSISTANCE PROGRAM ( SCAAP) GRANT FUNDS —
FUNDING BASED ON NUMBER OF ALIENS INCARCERATED
AND THE AGENCY'S ASSOCIATED CORRECTION SALARY
EXPENSES BETWEEN JULY 1 2010 AND JUNE 30, 2011
Item #I 6J5
Page 178
June 26, 2012
THE THIRD YEAR OF CONTRACT #09 -5270, "AUDITING
SERVICES FOR COLLIER COUNTY", WITH ERNST AND
YOUNG LLP, TO PROVIDE FOR FY 2012 EXTERNAL AUDIT &
CORRESPONDING PAYMENT OF $607,000 FOR SERVICES
Item # 16K 1
AN AGREED ORDER AWARDING EXPERT FEES AND
ATTORNEY FEES IN CONNECTION WITH PARCELS 111FEE
AND 111 TCE IN THE LAWSUIT STYLED COLLIER COUNTY
V. AL SUBS, INC., ET AL., CASE NO. 09- 3691 -CA, COLLIER
BOULEVARD PROJECT NO. 60092 (FISCAL IMPACT: $94,600)
— FOR DAMAGES ASSOCIATED WITH THE CLOSURE OF AN
EXIT DRIVEWAY ON BECK BOULEVARD
Item #I 6K2
THE STIPULATED ORDER TAXING SUPPLEMENTAL
ATTORNEY'S FEES IN CONNECTION WITH PARCEL 811 IN
THE LAWSUIT STYLED COLLIER COUNTY V. MYRTLE
PRESERVE, LLC, ET AL., CASE NO. 07- 0463 -CA, COLLIER
BOULEVARD PROJECT NO. 51101 (FISCAL IMPACT: $7,500)
— THE PROPERTY OWNER HAD ORIGINALLYASKED FOR
$8,283.27 IN COSTS AND ATTORNEY FEES
Item #I 6K3
A MEDIATED SETTLEMENT AGREEMENT PRIOR TO TRIAL
IN THE LAWSUIT ENTITLED BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, FLORIDA, V. TODD
SONDRINI AND KESIA SONDRINI, FILED IN THE
TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER
Page 179
June 26, 2012
COUNTY, FLORIDA, CASE NO. 11- 1402 -CA TO SETTLE A
PROPERTY DAMAGE CLAIM FOR THE SUM OF $10,500 AND
CHAIRMAN TO EXECUTE THE SETTLEMENT AGREEMENT —
FOR DAMAGES ASSOCIATED WITH A SEPTEMBER 27, 2009
EMS VEHICLE CRASH
Item #I 7A
ORDINANCE 2012 -22: PUDZ- PL20110001519, NAPLES VIEW
RPUD -- AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NO. 2004 -41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
ESTABLISHED COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY AMENDING THE APPROPRIATE ZONING
ATLAS MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING
DISTRICT TO A RESIDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE
PROJECT TO BE KNOWN AS THE NAPLES VIEW RPUD TO
ALLOW CONSTRUCTION OF A MAXIMUM OF SIXTY -SIX
RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED
AT 6900 AIRPORT ROAD NORTH IN SECTION O1, TOWNSHIP
49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 11 +/- ACRES; AND BY PROVIDING AN
EFFECTIVE DATE
Item #I 7B
RESOLUTION 2012 -119: SV- PL20110002805, AGAVE
June 26, 2012
SOUTHWESTERN GRILL, A RESOLUTION OF THE BOARD OF
ZONING APPEALS OF COLLIER COUNTY, FLORIDA
RELATING TO PETITION NUMBER SV- PL20110002805
GRANTING A VARIANCE FROM SECTION 5.06.04.F OF THE
LAND DEVELOPMENT CODE TO ALLOW TWO WALL SIGNS
ON ONE BUILDING CONSISTING OF AN EXISTING WALL
SIGN OF 93.33 SQUARE FEET ON THE NORTHERN BUILDING
FACADE AND A SECOND WALL SIGN OF UP TO 96 SQUARE
FEET ON THE WESTERN FACADE OF ITS BUILDING WHICH
BUILDING IS LOCATED AT 2380 VANDERBILT BEACH
ROAD IN SECTION 02, TOWNSHIP 49 SOUTH, RANGE 25
EAST COLLIER COUNTY FLORIDA
Item #I 7C
RESOLUTION 2012 -120: THE BOARD OF ZONING APPEALS
APPROVING RETAIL TIRE SALES WITH MINOR
AUTOMOTIVE REPAIR AS A PERMITTED USE IN THE
CREEKSIDE COMMERCE PARK CPUD. THE SUBJECT
PROPERTY IS LOCATED IN SECTION 27, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA
Item #I 7D
RESOLUTION 2012 -121: AMENDMENTS (APPROPRIATING
CARRYFORWARD, TRANSFERS AND SUPPLEMENTAL
REVENUE) TO FISCAL YEAR 2011 -12 ADOPTED BUDGET
Item #I 7E — Moved to Item #9B (Per Agenda Change Sheet)
To Remain on Summary (Per County Manager)
ORDINANCE 2012 -23: ESTABLISHING A PUBLIC SAFETY
Page 181
June 26, 2012
AUTHORITY AND SUNSET THE EMERGENCY MEDICAL
SERVICES POLICY ADVISORY BOARD
Item #I 7F
ORDINANCE 2012 -24: AMENDING THE FLOOD DAMAGE
PREVENTION ORDINANCE (FDPO) TO ADDRESS: (1)
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)'S
RECENT DETERMINATION THAT THE COUNTY'S FDPO IS
NOT IN COMPLIANCE WITH REQUIREMENTS OF THE
NATIONAL FLOOD INSURANCE PROGRAM (NFIP) AND (2)
RECENT AMENDMENT TO THE FLORIDA BUILDING CODE
Item #17G
ORDINANCE 2012 -25: AMENDING ORDINANCE 04 -41, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE LAND
REGULATION FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY PROVIDING FOR:
SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF
FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO
THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY
AMENDING THE FOLLOWING: CHAPTER TWO — ZONING
DISTRICTS AND USES INCLUDING SECTION 2.01.03,
ESSENTIAL SERVICES, TO ADD AVIATION USES AS A
PERMITTED USE IN THE CONSERVATION ZONING
DISTRICT ON LANDS ADJACENT TO THE MARCO ISLAND
EXECUTIVE AIRPORT; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE
COLLIER COUNTY _LAND DEVELOPMENT CODE; AND
SECTION SIX, EFFECTIVE DATE
Page 182
June 26, 2012
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 2:17 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS /EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
Lo.
FRED COYLE, C
ATTEST:
DWIGHT':; FROCK, CLERK
)L4� AA,,)Lj ��O�,o 4
These minutes a ved b the Board on 2
pp Y �- 2ot2
as presented or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICE, INC., BY TERRI LEWIS,' COURT
REPORTER AND NOTARY PUBLIC.
Page 183