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BCC Minutes 07/22/2008 R July 22, 2008 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, July 22, 2008 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special district as has been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Tom Henning Donna Fiala Jim Coletta Frank Halas Fred Coyle (Absent) ALSO PRESENT: Jim Mudd, County Manager Sue Filson, BCC Executive Manager Jeffrey A. Klatzkow, County Attorney Crystal Kinzel, Office of the Clerk of Court Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) O~"'\ 1/'1. , / . ,. ''',,'.... (.)1,,\ AGENDA July 22, 2008 9:00 AM Tom Henning, BCC Chairman Commissioner, District 3 Donna Fiala, BCC Vice-Chairman Commissioner, District 1; CRAB Chairman Jim Coletta, BCC Commissioner, District 5; CRAB Vice-Chairman Frank Halas, BCC Commissioner, District 2 Fred W. Coyle, BCC Commissioner, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." Page 1 July 22, 2008 ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor 1. R. Pagan, International Worship Center 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. June 10, 2008 - BCC/Regular Meeting C. June 11,2008 - BCC/Post-Legislative Workshop D. June 19,2008 - BCC/Budget Hearing E. June 20, 2008 - BCC/Budget Hearing F. June 24, 2008 - BCC/Regular Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) Page 2 July 22, 2008 A. 20 Year Attendees 1) John Veit, Emergency Management 2) Eric Cline, Water 3) David Dornton, Road and Bridge 4) Tania Delgado, Transportation Engineering and Construction Management B. 30 Year Attendees 1) Homero Partida Jr., Road and Bridge 4. PROCLAMATIONS A. Proclamation to recognize June 1,2008 as the 35th Anniversary of the Zonta Club of Naples. To be accepted by Leslie Cheek, President of the Zonta Club of Naples. B. Proclamation in honor of Maria Stone. To be accepted by Maria Stone. (To be read by Commissioner Coletta) 5. PRESENTATIONS A. The Honorable Burt L. Saunders, State Senator, District 37, is a recipient of the County Champion A ward given to those members of the Florida Legislature who have demonstrated support and understanding of county issues from the Florida Association of Counties as presented by John Wayne Smith, F AC Legislative Director. Recently F AC presented honors to legislators statewide who worked tirelessly during the 2008 Legislative Session to protect home rule. Sen. Saunders was one of 21 state legislators honored this year for going above and beyond in their efforts to work with local governments, and helping F AC keep the authority of government in the hands of those officials closest to the people. B. Contractor Presentation on Phase III of the County Fleet Facility Project- Sheriff's Fleet Maintenance Facility. Page 3 July 22, 2008 C. Presentation of the Solid Waste Management Department Waste Reduction A wards Program (WRAP) award to Prism Microwave. D. Recommendation to recognize Richard Zyvoloski, Emergency Management Coordinator, Bureau of Emergency Services as Employee of the Month for June 2008. 6. PUBLIC PETITIONS A. Public Petition Request by Mr. Jean Claude Martel to discuss Code Enforcement issues. B. Public petition request by Robert Tetrault to discuss MSTU for paving of Sunset Road and Whitaker Road. C. Public petition request by William Robinson, representing lmmokalee Childcare, to discuss land lease/purchase option with Oak Haven Apartments. D. Public petition request by Philip Penzo to discuss Collier County Purchasing Policy. Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. At the petitioner's reauest. this item is continued from the June 24. 2008 BCC meetin!!. This item must be heard BEFORE item PUDZ-2006-AR- 10875 and reauires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDA-2007-AR-11734 KRG 951 and 41, LLC, represented by D. Wayne Arnold, AICP, ofQ. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esquire, of Goodlette, Coleman, and Johnson, P.A., is requesting an amendment to the Artesa Pointe PUD to remove a +/- 0.88 acre parcel ofland and add it to the proposed Tamiami Crossing CPUD abutting its northern boundary. The subject property is located approximately 1/4 of a mile south of the Page 4 July 22, 2008 intersection of Collier Boulevard and US 41, in Section 3, Township 51 South, Range 26 East of Collier County, Florida (Companion item to PUDZ- 2006-AR-I0875). B. At the petitioner's reouest. this item is continued from the June 24. 2008 BCC meetin!!. This item must be heard AFTER PUDA-2007-AR-11734 and reouires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ-2006-AR-l 0875, Q Grady Minor, representing KRG 951 and 41, LLC, has submitted a PUD rezone for Tamiami Crossing CPUD. The applicant proposes to rezone the A (Agricultural), C-2 (Commercial Convenience), C-4 (General Commercial Zoning) Districts and Artesa Pointe PUD to Commercial Planned Unit Development (CPUD) zoning district. This is to allow development of commercial land uses with a maximum of235,000 square feet. The property consists of +/- 25.45 acres and is located in Section 3, Township 51 South, Range 26 East, Collier County, Florida (Companion item to PUDA-2007- AR-11734). C. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, an Amended and Restated Affordable Housing Bonus Density Agreement (AHDBA) and adopt an amendment to Ordinance No. 05-63 and increase the number of affordable units from thirty-two dwelling units to forty-four dwelling units for the workforce product types for owner-occupied affordable housing located in the Cirrus Pointe PUD development. D. Recommendation to repeal the Animal Control Ordinance (Ordinance No. 93-56, as amended), and to adopt Ordinance No. 2008-xx as the Animal Control Ordinance, to strengthen the section pertaining to dangerous dogs, to provide a uniform method for revision of fees, to provide for mandatory spay/neuter of animals upon return to owner after impoundment, and to more clearly define leash law and the affidavit of complaint process. E. This item to be heard at 1 :00 p.m. Recommendation to consider Adoption of an Ordinance Establishing the Naples Reserve Community Development District (CDD) pursuant to Section 190.005, Florida Statutes. F. This item reouires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ-2006- Page 5 July 22, 2008 ____._...._'__.__M AR-9486 Charles S. Faller, III, ofFFT Santa Barbara I, LLC and FFT Santa Barbara II, LLC represented by D. Wayne Arnold, ofQ. Grady Minor & Associates, P.A., and Richard D. Yovanovich, Esq. of Goodlette, Coleman, and Johnson, P.A., requesting a PUD rezone from C-2 and C-4 zoning districts to Commercial Planned Unit Development (CPUD) to be known as Freestate CPUD. The 16.8 acre site is proposed to permit 150,000 square feet of commercial development. The subject property is located on the southwest corner of the intersection of Santa Barbara Boulevard and Davis Boulevard in Section 8, Township 50 South, Range 26 East, Collier County, Florida. G. Request that the Board of County Commissioners adopts an ordinance to amend Ordinance No. 2002-03, The Collier County Redevelopment Grant Program Ordinance, in order to adopt a Faade Grant Program for the Immokalee Community Redevelopment Area. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the lmmokalee Master Plan and Visioning Committee. B. Appointment of member to the Pelican Bay Services Division Board. C. To adopt a Resolution of the Board of County Commissioners of Collier County, Florida supporting the Guadalupe Center ofImmokalee in obtaining funding through the State of Florida's Office of Tourism, Trade and Economic Development's Community Contribution Tax Credit Program. D. Appointment of members to the Board of Building Adjustments and Appeals. E. That the Board of County Commissioners accepts the findings of the Productivity Committee regarding office furniture procurement. Request the Productivity Committee's liaison, Commissioner Fiala, to deliver the committee findings. F. Appointment of member to the Land Acquisition Advisory Committee. Page 6 July 22, 2008 G. Reconsideration of Item IOH from the June 10, 2008 BCC meeting with reference to the Treviso Bay Water Management Agreement allowing for coordination between Treviso Bay Development, LLC and Collier County to complete the design, permitting, and construction of the two components of the Lely Area Stormwater Improvement Project located within Treviso Bay Development, Project No. 5110 11, for a total FY 08 and 09 estimated cost of $2,560,898. (Commissioner Henning's request.) 10. COUNTY MANAGER'S REPORT A. Recommendation that the Board of County Commissioners ("BCC") authorize the County Manager to notify the South Florida Water Management District (SFWMD) that Collier County is withdrawing from participation in the SFWMD Environmental Resource Permitting Program. (Stan Chrzanowski, P.E., Engineering Services Manager, Engineering & Environmental Services Division, CDES). B. Presentation of the Floodplain Management Plan Annual Progress Report for 2007, and a recommended Action Plan for 2008.(Robert C. Wiley, P.E., C.F.M., Principal Project Manager, Engineering & Environmental Services Department, CDES) C. This item to be heard at 4:00 p.m. This item reouires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve a Developers Contribution Agreement (DCA) between VICTORIA ESTATES, LTD., MAGPOND, LLC, MAGPONDA, LLC, MAGPONDB, LLC, NEW MAGPOND, LLC, NEW MAGPONDA, LLC, and 1-75 ASSOCIATES, LLC, (The Developers) and Collier County (The County) to accept certain easements, modify buffer requirements, define Developer commitments and establish fiscal responsibilities for improvements on Collier Boulevard, Magnolia Pond Drive and Noahs Way to facilitate the Countys Collier Boulevard roadway expansion project 6000 I. (Nick Casalanguida, Transportation/Planning Director) D. Recommendation for the Board of County Commissioners (Board) to confirm direction for the County Manager or his designee, regarding the purchase of the Hamilton property, to consider an offer higher than the previously declined offer and to consider the existing structures on the Page 7 July 22, 2008 property; recommendation for the Board to consider The Conservation Fund (TCF) to be an intermediary purchaser to the Hamilton sale; and recommendation for the Board to direct the County Manager or his designee to pursue a legally sufficient Agreement for Sale and Purchase with TCF and execute whatever document(s) are necessary for TCF to proceed with a North American Wetlands Conservation Act (NA WCA) grant application on behalf of the Board after approval for legal sufficiency by the County Attorneys Office. (Alex Sulecki, Senior Environmental Specialist) E. Recommendation that the Board of County Commissioners provide the County Manager or his designee with guidance on making an offer for the Pepper Ranch, a priority Cycle 5 Conservation Collier acquisition proposal, considering an actual appraisal value that is higher than originally estimated and recommended conditions of sale. (Alex Sulecki, Senior Environmental Specialist) F. Recommendation that the Board of County Commissioners adopt a Resolution establishing Proposed Millage Rates as the Maximum Property Tax Rates to be levied in FY 2008/09 and reaffirm the Advertised Public Hearing dates in September, 2008 for the Budget approval process. (John Yonkosky, Office of Management and Budget Director) G. Recommendation that the Board of County Commissioners approve a budget amendment to recognize revenue from Lodge Abbot Associates, LLC in the amount of$3 million dollars and appropriate within Fund (313). The funds will be used for the Vanderbilt Drive corridor improvements and bridge enhancements that resulted from the settlement of Lodge Abbott Associates, LLC v. Collier County, Case No. 05-967-CA. (Norman Feder, Transportation Services Administrator) H. Recommendation to obtain direction and authorization on how to proceed with management of the Clam Bay Estuary. (Gary McAlpin, Coastal Zone Management Director) I. This item to be heard at 11 :00 a.m. Request and Recommend the BCC Declare an Economic Emergency Situation and Approve Expenditure of Tourist Development Tax Emergency Advertising Funds for International and Domestic Market Promotion in FY 08 Totaling $476,300 and in FY 09 in the amount of $738,650. (Jack Wert, Tourism Director) Page 8 July 22, 2008 J. This item to be heard at 11:00 a.m. Recommend Approval of Change Order #1 in the amount of $700,000 on Contract 06-4007 with Paradise Advertising & Marketing, lnc for additional billing over $2,000,000. (Jack Wert, Tourism Director) K. Recommendation to approve a Resolution approving and authorizing the Chairman of the Board of County Commissioners to execute a Local Agency Program Agreement with the Florida Department of Transportation, which Agreement implements up to $750,000 for the design and construction of Dynamic Message Signs by Collier County, with reimbursement by the Florida Department of Transportation. (Bob Tipton, Traffic Operations Director) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. Recommendation that the Board of County Commissioners approve an Employee Disciplinary Policy and a Commitment To Fair Treatment Policy for administrative staff employees working under the supervision of the Executive Manager to the Board of County Commissioners to supersede the current disciplinary policy approved by the Board on July 25, 2006. 13. OTHER CONSTITUTIONAL OFFICERS A. Recommendation that the Board of County Commissioners approves an amendment to Collier County's False Alarm Ordinance No. 97-8, as amended, and proposed by the Collier County Sheriff's Office, to change whether a deputy II shall II write a violation to "may," to change attendance in a program to participation, to clarify fines and violations and to change Special Master to Magistrate. 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS Page 9 July 22, 2008 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation that the Board of County Commissioners approves a Fee Payment Assistance Program Agreement with Arthrex Manufacturing, Incorporated consistent with the provisions of the Fee Payment Assistance Program and the company's approved incentive application. 2) Recommendation to approve final acceptance of the water and sewer utility facilities for Sussex Place 3) Recommendation to approve final acceptance of the water and sewer utility facilities for Ashton Place. 4) Recommendation to approve final acceptance of the water and sewer utility facilities for Prestwick Place. 5) Recommendation to approve final acceptance of the water and sewer utility facilities for St. Agnes Church. 6) Recommendation that the Board of County Commissioners approves and authorizes its Chairman to execute an lnterlocal Fire Impact Fee Reconciliation Agreement between Collier County and the City of Marco Island in order to correct the erroneous payment of Fire Impact Fees by the County. (This item is the companion to Item #16A7) 7) Recommendation that the Board of County Commissioners approves and authorizes its Chairman to execute an lnterlocal Fire Impact Fee Reconciliation Agreement between Collier County and the Big Corkscrew Island Fire Control and Rescue District, the East Naples Fire Control and Rescue District, the Golden Gate Fire Control and Rescue District, the lmmokalee Fire Control District and the North Naples Fire Control and Rescue District in order to correct the Page 10 July 22, 2008 erroneous payment of Fire Impact Fees by the County and Administrative Fees collected related to those erroneous payments. (This item is a companion to Item # I 6A6) 8) Recommendation that the Board of County Commissioners (BCC) approves the offsite removal of up to 700,000 cubic yards of excess fill from the Lely Resort. The excess fill is a result of previously approved development and lake excavation within Lely Resort and the material is also tied to current and proposed excavations that are in substantial conformance with the approved PUD Master Plan. 9) Recommendation that the Board of County Commissioners considers approving the request by the Economic Development Council of Collier County to extend the sunset date of the Fee Payment Assistance Program, the Property Tax Stimulus Program, the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program from the current date of October 1, 2008 to October 1,2013. 10) Recommendation that the Board of County Commissioners approves the Second Memorandum of Agreement and Support: Approach to Identification and Distribution ofIncremental Revenue from the Catalyst Project for Economic Development Floridas Rural Areas of Critical Economic Concern (RACEC) and authorize the Chairman to sign the Agreement. 11) This item reouires that ex parte disclosure be provided by Commission Members. Should a hearin!! be held on this item, all participants are reouired to be sworn in. Recommendation to approve for recording the final plat of Lely Barefoot Beach Unit Five. 12) Recommendation to accept an alternate security from the current owner of Tuscany Reserve, and to enter into a new Construction, Maintenance and Escrow Agreement for Subdivision Improvements. 13) Recommendation to grant final approval of the landscape and irrigation improvements for the final plat of Reflection Lakes at Naples Phase ID (Walnut Lakes PUD) with the landscape and irrigation improvements being privately maintained. Page 11 July 22, 2008 14) This item reouires that ex parte disclosure be provided by Commission Members. Should a hearin!! be held on this item. all participants are reouired to be sworn in. This is a recommendation to approve for recording the final plat of Cordoba at Lely Resort, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 15) This item reouires that ex parte disclosure be provided by Commission members. Should a hearin!! be held on this item. all participants are reouired to be sworn in. Recommendation to approve for recording the final plat of Hideaway Storage/Domestic. 16) Request approval by the Board of County Commissioners to extend the Site Development Plan (SDP) approval time limit from 2 years to 3 years when construction has not begun and to extend the time limit from 18 months to 30 months when construction has begun for projects currently approved but outside the timeframe as being proposed by the amendment to the Collier County Land Development Code, Section 10.02.03, Submittal Requirements for Site Development Plans. 17) Recommendation to the Board of County Commissioners to direct staff to add to the existing GMP amendment petition CPSP-2006-13 the revision of an acreage figure in the Golden Gate Area Master Plan pertaining to the Center Point Church Conditional Use, and text recognizing two existing exceptions to Conditional Use locational restrictions. 18) Request that the Board of County Commissioners (Board) approves a resolution to direct the County Manager or his designee to invoke Article I, Chapter 38, Sec. 38-7, of the Code of Laws and Ordinances, Post-Disaster Recover / Determination of Damage, Build-back Policy, Moratoria, Emergency Repairs, and Emergency Permitting System, and by doing so allow for the repair and replacement of damage to all structures in the lmmokalee Farmers Market damaged by Hurricane Wilma. B. TRANSPORT A TION SERVICES Page 12 July 22, 2008 1) Request the Board of County Commissioners approves and authorizes the Chairman to sign a Temporary Driveway Access Agreement allowing homeowners to continue using their existing unpermitted access to Green Boulevard. 2) Recommendation to approve Change Order #1 to add $588, III for continuing Inspection Services for Consul-Tech Construction Management, Inc. under ITN 06-3583 CEI Services for Collier County Road Projects for Project No. 62081, Santa Barbara Boulevard from Davis Boulevard to Copper Leaf Lane. 3) Recommendation to award Bid #08-5027 for the Bayshore Drive Bridge Lighting & Landscape Installation Project LAP FM #412559 to E.B. Simmonds Electrical, Inc. with a base amount of$53,762.15 and alternate in the amount of$16,309.16 for a total of $70,071.31. 4) Recommendation to award Bid #08-5061 Golden Gate Parkway (Livingston Road to 66th Street) and (60th Street to Santa Barbara Blvd.) Roadway Grounds Maintenance to Ground Zero Landscaping Services, Inc. in the amount of $41,65 I .39 (Fund Ill, Cost Center 163831). 5) Recommendation to approve an extension to the due date for the posting of a bond in the US 41 Consortium Developer Contribution Agreement (DCA), recorded at O.R. Book 4303, Page 2349 to October 31, 2008. 6) Recommendation to reject a $5,000 bid on a vacant, 10-acre parcel of surplused land. Project #60171. (Fiscal Impact $0) 7) Recommendation to award Bid #08-5091 US 41 North (SR 45) Phase IV Effluent Water Conversion to Hannula Landscaping in the amount of $51,386.20. (Fund Ill, Cost Center: 163820) 8) Recommendation to approve Work Order #BR-FT-5045-08-01 to Better Roads for the Forest Lakes MSTU Bond Project F-47 Milling & Overlay Forest Lakes Drive and side streets from Forest Lakes Page 13 July 22, 2008 Boulevard to south end using the Annual Contract for Roadway Contractors, Contract No. 08-5045, in the amount of$431, 149. 9) Recommendation to approve an Agreement to construct a turn lane for The Rock Christian Church in exchange for the donation of property required for the Collier Boulevard expansion project. Project No. 68056. (Fiscal Impact: recording fees not to exceed $100) 10) Recommendation to authorize the Chairman to execute an easement instrument to convey a utility easement to Florida Power and Light Company (FPL) at the Freedom Park (aka Gordon River Water Quality Park). 11) Recommendation to approve award of Bid No. 08-5069 to Douglas N. Higgins, Inc. for completion of the Willow West Stormwater Improvements Project #510076 in the total amount of$218,834. 12) Recommendation for the Board of County Commissioners to approve a budget amendment to recognize additional revenue for the Collier County Transportation Pathways Program in the amount of $59,471.15 for Project No. 690811. 13) Recommendation to award Bid #08-5086 Immokalee Sidewalk Improvements for construction of sidewalk improvements on Roberts A venue, North 9th Street, and North 1 st Street to Cougar Contracting, A Division ofC.W. Roberts Contracting Inc. in the amount of $185,443.00 (Project #601202). 14) Recommendation for the Board of County Commissioners to approve a budget amendment to recognize revenue received for traffic accidents in the amount of$31,768.74 and to move previous recognized revenue in the amount of$33,871.23 to Fund 112, Project #600761. 15) Recommendation to approve a Resolution authorizing implementation of school zone speed limit reductions to 20 MPH during school arrival and dismissal hours as indicated by flashing beacons and signs on Westclox Street at a cost of$13,000. Page 14 July 22, 2008 16) Recommendation that the Board of County Commissioners approves a Budget Amendment recognizing an additional $61,160 in Federal Transit Administration Grant Section 5311 funds for Fiscal Year 2007/2008. 17) Recommendation to approve a Resolution to establish a Board policy restricting the use of the Transportation Services Division Variable Message Signs (VMS) to other Collier County Departments and Elected Constitutional Officers and approving the recovery of incurred costs as listed within Attachment A ofthe Resolution by the Transportation Division. 18) Recommendation to approve and execute Contract Amendment Number 6 between Collier County and the Florida Commission for the Transportation Disadvantaged for funding in the amount of $88,067.00 for the provision of transportation for qualified Medicaid recipients. 19) Recommendation to approve and execute the Transportation Disadvantaged Trip & Equipment Grant Agreement FM#207246 I 840 1/2072463840 I for a total project cost of $673,90 1. 20) Recommendation to ratify the purchase of two Golden Gate Boulevard pond sites exceeding the authority delegated to the County Manager or his designee under Resolution No. 2007-306. C. PUBLIC UTILITIES 1) Recommendation to approve budget amendments of approximately $11,100,000 to transfer projects from various water and wastewater capital projects funds to a 2006 Revenue Bond Proceeds Fund to segregate the projects funded by the 2006 Revenue Bond. 2) Recommendation to Reject RFP No. 08-5063 for an Annual Contract for Analytical Laboratory Services. 3) Recommendation to approve the sole source purchase of four (4) odor control blowers for the South County Regional Water Treatment Plant Page 15 July 22, 2008 from Florida Blower, Inc. in the amount of $116,968.32. Project No. 710651. 4) Recommendation to approve a Donation Agreement and Utility Easement and approve a Release of Easement for the relocation of infrastructure easements located on property owned by V ornado Development, Inc. There are no associated costs to the Collier County Water-Sewer District for this project. 5) Recommendation to have the Chairman execute a Declaration to the Public in the deed records in the Office of the Clerk of the County evidencing the closure of the Immokalee Sanitary Landfill; recording cost not to exceed $27. 6) Approve a Resolution authorizing the submission of a State Revolving Fund low interest Construction Loan Application and authorizing the Loan Agreement to the Florida Department of Environmental Protection for the Wells #34 and #37 and Pipeline Replacement Project #701582. 7) Recommendation to authorize submission of Amendment two (2) to The State Revolving Fund Loan Agreement (WWG120597151 03) through The Florida Department Of Environmental Protection (FDEP) for the North County Water Reclamation Facility (NCWRF) Expansion To 24.1 MGD Solid Stream, and the NCWRF Expansion landscape installation, Project #739502. 8) Recommendation to approve the communication of concerns 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, to the South Florida Water Management District relative to the proposed revisions to Florida Administrative Code Chapter 40E-2 and 40E-20 Authorizing General Use Permit by Rule for Outdoor Irrigation. 9) Recommendation to approve award of Bid #08-5079 in the amount of $444,000 to Douglas N. Higgins for Master Pump Station 305 Project #72546 & Project #73970 and approve necessary budget amendments. Page 16 July 22, 2008 --,...---. D. PUBLIC SERVICES 1) Recommendation to award Bid #08-5082: Sea Oat Planting for Collier County Coastal Zone Management project to Earth Balance for Collier County Beaches in the amount of$75,000 (Project #195- 900441). 2) Recommend Approval ofa Budget Amendment totaling $99,874 from Beach Renourishment/Pass Maintenance reserves to fund Doctors Pass and Wiggins Pass Maintenance Dredging Project Construction Plans & Specifications which is part of the County's Beach Renourishment Project #905221. 3) Recommendation to approve a budget amendment recognizing $3,300 in revenue from Pepsi Bottling Group, Inc. as initial support funds and appropriating funds for purchase of additional non food resale merchandise items. 4) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing Supplemental Disaster Recovery Initiative (DR!) funding in the amount of $75,000 to the Collier County Housing Development Corporation for purchase and installation of an additional back-up generator for a sewer lift station in Copeland. 5) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, an amendment to the Community Development Block Grant (CDBG) Funding Agreement between Collier County and the Collier County Housing Authority for public improvements to Farm Worker Village and Horizon Village. 6) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Resolution amending the State Housing Initiative Partnership (SHIP) Local Housing Assistance Plan (LHAP) for Fiscal Years 2007-2008, 2008-2009 and 2009-2010, to allow SHIP assistance when funds are allocated to a non-profit or for- profit housing developer to acquire and rehabilitate eligible existing dwelling units. Page 17 July 22, 2008 7) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Magda Arizmendi (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Vistas III at Heritage Bay, Unit 1604, North Naples. 8) Recommendation to adopt a Resolution establishing the Collier County Domestic Animal Services Fee Policy as of October 1,2008 and superseding resolutions 95-107,95-106, 93-404, and all other resolutions establishing animal services-related fees. 9) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Collier County Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 117, Liberty Landing, lmmokalee. 10) Present to the Board of County Commissioners a summary of the Impact Fee Deferral Agreements recommended for approval in FY08, including the total number of Agreements approved, the total dollar amount deferred and the balance remaining for additional deferrals in FY08. 11) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Guerline Moleus (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 38, Trail Ridge, East Naples. 12) Recommendation to award Bid #08-5062 in the amount of$381,500 to Carter Fence Company, Inc., for the repair and installation of new chain link fence for five County park projects located at various sites. 13) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Nereyda Bravo (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 41, Trail Ridge, East Naples. Page 18 July 22, 2008 14) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Leonel Rives Soto and Mabel Breijo Dominguez (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 129, Trail Ridge, East Naples. 15) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Javier Medellin Olvera and Maria L. Gutierrez (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 136, Trail Ridge, East Naples. 16) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Mariela Pena (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 97, Liberty Landing, lmmokalee. 17) Recommendation to approve the after-the-fact submittal ofthe attached State of Florida Cultural Facilities Program grant application to the Division of Cultural Affairs for a $500,000 grant for construction of the Marco Island Historical Society Museum. 18) Recommendation to approve a $15,122 grant agreement from the State of Florida Division of Emergency Management for a Pet Friendly Shelter project and approve the associated budget amendment. 19) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Faidherbe Louis and Gladys Rincher (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 42, Liberty Landing, lmmokalee. 20) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, an amendment to Home Investment Partnership Program (HOME) Subrecipient Agreement with the Collier County Housing Authority for the Tenant Based Rental Assistance (TBRA) program. Page 19 July 22, 2008 21) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Collier County Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 45, Liberty Landing, lmmokalee. 22) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Habitat for Humanity of Collier County Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 118, Liberty Landing, lmmokalee. 23) Recommendation to approve a long-term agreement between Collier County and the City of Naples for reciprocal beach parking and equal rights and privileges to all City facilities for an annual payment by the County in the sum of $1,000,000. E. ADMINISTRATIVE SERVICES 1) Recommendation to approve a First Amendment to Radio Tower Lease Agreement with The Chalet of San Marco Condominium Association, Inc., for additional space within the equipment room, for an increased cost of$353.98 per month. 2) Recommendation to approve the award of Contract #07-4160 to EMC Corporation for Information Technology Service Management software and related professional services for $164,593.00. 3) Recommendation to ratify additions to and deletions from the 2008 Fiscal Year Pay and Classification Plan made from April 1, 2008 through June 30, 2008. 4) Recommendation to approve award of Contract #08-5009 to Sire Technologies Corporation for an Enterprise Content Management System and related professional services in the amount of $232,727. 5) Recommendation to approve an agreement to purchase natural gas from Peninsula Energy Services Company, Inc., (PESCO) and the Page 20 July 22, 2008 installation of natural gas piping by TECO Peoples Gas for the Main Government Complex. 6) Recommendation to approve the renewal of the Group Dental Insurance program through Cigna Dental Plan, Inc. for a one-year period effective January 1, 2009 at the current rates, terms and conditions. 7) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. 8) Recommendation to reject RFP #08-5068, Physical and Biological Monitoring for Collier County Coastal Zone Management Projects for Coastal Zone Management, and approve the re-solicitation of the servIces. 9) Recommendation to approve one (1) License Agreement with SpectraSite Communications, LLC, and two (2) License Agreements with American Tower Asset Sub., LLC, for antenna space needed for the Countys Safe Point Location System, a component of the Countys 800 MHz public safety radio network, at a first years combined rent cost of $21 ,000. 10) Recommendation to approve amendment #5 to Contract No. 05-3661 Disaster Debris Management Removal and Disposal Services with AshBritt Inc., Crowder GulfInc., and Phillips & Jordan Inc. to add Florida Highway Administration (FHW A) Emergency Relief (ER) Program Requirements so that Collier County remains in compliance with FHW A requirements to receive compensation for construction contract work that falls under emergency and permanent restoration projects on federal roadways. 11) Recommendation to confirm and consent to the re-assignment of Contract No. 07-4126, Janitorial Services from OneSource Facility Services Inc. to ABM Janitorial Services-Southeast, Inc. F. COUNTY MANAGER Page 21 July 22, 2008 1) Recommendation that the Board of County Commissioners adopts 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 the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit for maintenance of the water management system, beautification ofrecreational facilities and median areas and maintenance of conservation or preserve areas, and establishment of Capital Reserve Funds for ambient noise management, maintenance of conservation or preserve areas, including the restoration of the mangrove forest, U.S. 41 berm, street signage replacements within the median areas and landscaping improvements to U.S. 41 entrances, all within the Pelican Bay Municipal Service Taxing and Benefit Unit. 2) Recommendation to waive Emergency Medical Services charges for the transport/evacuation of a special needs patient during the Golden Gates Estates fire in the amount $761.25. 3) Recommendation that the Board of County Commissioners approves a purchase order under Contract #05-3831 to Solid Resources, Inc. for Technical Assistance with close-out processes for Hurricanes Charley and Wilma and approve necessary budget amendments. ($120,976.50) 4) Approve budget amendments. 5) Recommendation that the Board of County Commissioners approves budget amendments in the amount of$20,000 to reduce the transfer of excess funds from the Law Library Fund (640) to Court Innovations Fund (192); reduce reserves in Court Innovations Fund (192). 6) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2007-08 Adopted Budget. 7) Recommendation to approve a Tactical Medic Program Interlocal Agreement between the Collier County Board of County Commissioners and the Collier County Sheriffs Office. Page 22 July 22, 2008 8) Review of quarterly report on activities in the Collier County Tourism industry . 9) Recommendation to approve a Modification to the Fiscal Year 2008 Emergency Management Preparedness and Assistance Grant accepting $42,045 and approve a Budget Amendment to recognize and appropriate the revenue. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Report to the Collier County Community Redevelopment Agency (CRA) providing an update on a proposed November 4,2008 public referendum allowing the CRA to incur debt and to delay indefinitely the pursuit of a referendum. 2) Recommendation that the Community Redevelopment Agency (CRA) approves Local Advisory Board members and four CRA staff attendance at Florida Redevelopment Association 2008 Annual Conference; authorizes payment of attendees registration, lodging, travel and per diem from the Bayshore Gateway Triangle Trust Fund (Fund 187) travel budget; and declares the training received as serving a valid public purpose. 3) Recommendation that the Community Redevelopment Agency (CRA) approves CRA staff and County Legal Counsel attendance at Florida Brownfields Association 2008 Annual Conference; authorizes payment of attendees registration, lodging, travel and per diem from the Bayshore Gateway Triangle Trust Fund (Fund 187) travel budget; and declares the training received as serving a valid public purpose. H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1) Items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS Page 23 July 22, 2008 1) To obtain Board approval for disbursements for the period of June 14, 2008 through June 20, 2008 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of June 21, 2008 through June 27, 2008 and for submission into the official records of the Board. 3) To obtain Board approval for disbursements for the period of June 28, 2008 through July 04, 2008 and for submission into the official records of the Board. 4) To obtain Board approval for disbursements for the period of July 05, 2008 through July 11,2008 and for submission into the official records of the Board. 5) Recommendation that the Collier County Board of Commissioners approves a resolution, pursuant to section 101.00 I (1), Florida statutes, to alter precinct boundaries in Precinct 501 to be contiguous with Precinct 502, and correcting the boundaries for Precinct 505 to reflect its true boundaries to be consistent with its legal description. 6) Recommendation that the Board of County Commissioners approves the refund of$4,133.06 to three (3) vendors providing food and drink concessionaire services at four (4) Parks locations. 7) Request that the Board of County Commissioners accepts and approves capital asset disposition records for the time period April 1, 2008 through June 30, 2008. 8) Recommendation that the Board of County Commissioners approves and signs the State of Florida annual local government financial report for the Fiscal Year 2006-2007 as required by Florida Statute 218.32. K. COUNTY ATTORNEY 1) This item has been continued from the June 24. 2008 BCC Meetin!! and further continued indefinitely. Recommendation to authorize an Offer of Judgment for Parcel 124 by Collier County to Page 24 July 22, 2008 property owners, Jeannie and Donald Fields in the lawsuit styled CC v. Pacal J. Murray, et a!., Case No. 07-4784-CA (Santa Barbara Extension Project No. 60091)(Fiscal Impact: If accepted, $168,803). 2) Recommendation that the Board of County Commissioners approves the Proposed Joint Motion for an Agreed Order Awarding Costs Relating to Parcel 1 83RDUE in the Collier County v. Jorge B. Echezarraga, et a!., Case No. 07-3278-CA, Oil Well Road Project #60044. (Fiscal Impact: $5,700.00). 3) Recommendation to approve a Stipulated Final Judgment in the amount of$38,000 for Parcel Nos. 122 and 722 in the lawsuit styled Collier County v. Gulfstream Homes, Inc., et a!., Case No. 05-758-CA (Collier Blvd. (CR 951, Project No. 65061). (Fiscal Impact $13,852.50) 4) Recommendation that the Board of County Commissioners reviews and approves the proposed FY 2008-2009 Action Plan for Jeffrey A. Klatzkow, County Attorney. 5) Recommendation to Approve an Agreed Order Awarding Expert Fees and Costs in Connection with Parcels 146 and 746 in the Lawsuit Styled Collier County, Florida v. April Circle Ltd., et a!., Case No. 04-3679-CA (Immokalee Road, Project #60042) Fiscal Impact: $28,891. 6) Recommendation to approve a Stipulated Final Judgment in the amount of$80,000 for Parcel No. 191RDUE in the lawsuit styled Collier County v. Pablo Sardinas, et a!., Case No. 07-2824-CA (Oil Well Road Project No. 60044). (Fiscal Impact $36,600.00) 7) Recommendation to approve a Stipulated Final Judgment in the amount of$I77,500 for Parcel No. 125FEE in the lawsuit styled Collier County v. Carlos Alvarez, et a!., Case No. 07-2882-CA (Oil Well Road Project No. 60044). (Fiscal Impact $77,448) 8) Recommendation to approve a Stipulated Final Judgment in the amount of$86,530 for Parcel Nos. 129FEE and 1 29TDRE in the Page 25 July 22, 2008 lawsuit styled Collier County v. Michael J. Crouch, et a!., Case No. 07-3691-CA (Oil Well Road Project No. 60044). (Fiscal Impact $39,730) 9) Recommendation to authorize an Offer of Judgment for Parcel 115FEE by Collier County to property owner Norma Farrnilo, Individually and as Trustee, in the lawsuit styled CC v. Robbie L. Rayburn, et a!., Case No. 07-4268-CA (Santa Barbara Boulevard Extension Project No. 60091) (Positive Fiscal Impact: If accepted, refund of$ 50,382). 10) Recommendation that the Board of County Commissioners accept Metcalf & Eddy, Inc.s (M&E) offer of judgment to dismiss M&E's counterclaims against Collier County and the Collier County Water Sewer District (collectively County) in the lawsuit styled Collier County and the Collier County Water-Sewer District v. Metcalf & Eddy, Inc. and Travelers Casualty and Surety Co. of America, Case No. 06-234-CA, in return for the Countys payment of$125,000.00, and to accept M&Es settlement offer to pay the County $25,000.00 in return for a dismissal of the Countys claims against M&E and its surety, Travelers. (Fiscal Impact $67,000.00) 11) Recommendation to approve a Stipulated Final Judgment in the amount of $22,500.00 for Parcel 141 in the lawsuit styled Collier County v. Edward Stanley Sanditen, et a!., Case No. 02-5165-CA (Immokalee Road Project No. 60018). (Fiscal Impact $11,500.00) 12) For the Board of County Commissioners to Consider Approval ofa Settlement Agreement between Florida Power & Light Company and Collier County relating to John Carlo v. Collier County, Case #07- 311-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, and authorize the Chairman to sign the Settlement Agreement. 13) For the Board of County Commissioners to Consider Approving a Settlement Agreement in Lucky, M.K., Inc. v. Collier County and Jim Coletta, Case No. 07-0958-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida, and authorize the Chairman to execute the Agreement. Page 26 July 22, 2008 14) Recommendation that the Board of County Commissioners approves a partial release of lien in the Code Enforcement Action entitled Collier County v. Douglas S. White, CEB No. 2004-081, relating to homestead property located at 5750 14th Avenue SW (aka 5750 Lancewood Way), in Collier County, Florida. 15) Recommendation that the Board of County Commissioners authorizes the partial release of liens in relation to Code Enforcement Actions entitled Collier County v. Roilan Perez, CEB Case No. 2007-37, and OSM Case Nos. 2007-030290 and 2007-080668, relating to property located at 652 Pompano Drive, Collier County, Florida. 16) Recommendation that the Board of County Commissioners approves the Proposed Joint Motion for an Agreed Order Awarding Costs Relating to Parcel I 69RDUE in the Collier County v. Jose Munoz, et a!., Case No. 07-2823-CA, Oil Well Road Project #60044. (Fiscal Impact: $5,700.00). 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. Recommendation that the Board of County Commissioners approves a resolution to amend the Collier County Consolidated Impact Fee Administrative Procedures Manual with respect to the way alternative impact fee studies are conducted by removing the current Appendix D and Page 27 July 22, 2008 replacing it entirely with a new Appendix D and providing for payment of costs associated with reviewing the applicants study or conducting the study. B. This item reouires that all participants be sworn in and ex parte disclosure be provided by Commission members. SV-2008-AR-13059, Stock Development, LLC, represented by Chris Mitchell of Waldrop Engineering, is requesting two variances from Section 5.06.00 of the Land Development Code (LDC) to allow a variance of 42 square feet from the requirements of Section 5.06.04.16.b.i of the LDC to exceed the maximum 12-square-foot area requirement to allow an off-premise directional sign that is 54 square feet on each side and a variance of 100 feet from the requirements of Section 5.06.04.16.b.v of the LDC to exceed the maximum 1,000- foot distance separation for an off-premise sign to permit a sign that is 1,100 feet away from the Edison Campus use, for property located at the southeast corner of the Grand Lely Drive/Rattlesnake Hammock Road (CR- 864) intersection, in Section 21, Township 50 South, Range 26 East, of Collier County, Florida. C. A request of the Board of County Commissioners (BCC) to approve a Resolution to extend the term of the ad hoc East of County Road 951 Infrastructure and Services Horizon Study Public Participation Master Plan Committee. D. This item reouires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2006-AR-I0805, Rinker Materials of Florida, Inc., represented by Robert J. Mulhere, AICP, of R W A Consulting, Inc. and John M. Passidomo, Esquire, of Cheffy, Passidomo, Wilson and Johnson, LLP; are requesting a Conditional Use within a Rural Agricultural (A) with a Mobile Home Overlay (A-MHO) Zoning District, pursuant to Section 2.04.03, Table 2, and Section 4.08.06.B.4.b, of the Land Development Code, to allow earth mining and related processing and production of material for a project to be known as Hogan Island Quarry, located three quarters of a mile north of the Immokalee Road (CR-846) and Oil Well Grade Road intersection, in portions ofSection(s) 9,10,15,16,21, and 22, Township 47 South, Range 28 East, ofCoUier County, Florida Page 28 July 22, 2008 E. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the fiscal Year 2007 -08 Adopted Budget. F. Recommendation to approve the proposed changes of the Emergency Medical Services Advisory Council Bylaws and the proposed amendment to Ordinance No. 80-80, as amended. G. This item reouires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA-2007-AR-12321 MDG Lake Trafford, LLC., represented by Robert L. Duane, AICP, of Hole Montes, Inc., requesting a Planned Unit Development (PUD) Amendment to Arrowhead PUD Ordinance Number 02-40, as amended, Section 8.5 Transportation subsections B., K., L.3., M. through P. and to add Section 9 Deviations to revise transportation commitments to construct project turn lanes at Lake Trafford Road and Carson Road project entrances within one year of approval of this ordinance; to construct turn lanes for the commercial tract and the shared north Carson Road entrance at the time of commercial site development plan; to require acceptance of Carson Road extension from Lake Trafford Road south to lmmokalee Drive and the westerly 450 feet of lmmokalee Drive by the Collier County Road Maintenance Department; to construct intersection improvements at Lake Trafford Road and Carson Road within one year of approval of this Ordinance; to contribute funds for a bus stop, to remit funds for turn lanes and signal modifications, and to receive credit for a turn lane; and to add Section 9 to seek a deviation from a transportation requirement of sidewalks on both sides of Lake Trafford Road to allow a sidewalk on the north side of the road only. The property is located at the southwest corner of Lake Trafford Road (CR 890) and the proposed extension of Carson Road in Section 6, Township 47 South, Range 29 East, and Section 31, Township 46 South, Range 29 East, Collier County, Florida. H. Adopt a Resolution amending Schedule Six of Appendix A to Section Four of the Collier County Ordinance No. 2001-73, as amended, the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance. This amendment includes a proposed rate for the credit card convenience fee; and provides for an effective date of October 1, 2008 for Schedules Six of Appendix A of the Ordinance. Page 29 July 22, 2008 I. Adopt a Resolution amending the Irrigation Quality (IQ) water customer rates, which is Schedule Three of Appendix A to Section Four of Collier County Ordinance No. 2001-73, as amended, the Collier County Water- Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance. J. This item reouires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA-2007-AR- 12043: First Assembly of God Naples, Inc., by J. David Mallory, president; and MDG Fountain Lakes, LLC, William L. Klohn, president ofMDG Capital Corporation, managing member; both of whom are represented by Robert L. Duane, AICP, Hole Montes, Inc., are requesting an amendment from the Planned Unit Development (PUD) zoning district to the Mixed Use Planned Unit Development (MPUD) zoning district for a 69 acre project known as the First Assembly Ministries Education and Rehabilitation MPUD, to allow multi-family units, community facilities and church-related uses. The subject property is located in the northeast quadrant of the intersection of Collier Boulevard (CR 951) and The Lords Way in Section 14, Township 50 South, Range 26 East, Collier County, Florida. (Companion to Petition RZ-2008-AR-12842) K. This item reouires that all participants be sworn in and ex parte disclosure be provided by Commission members. RZ-2008-AR-12842: Toll-Rattlesnake, LLC, represented by Robert Duane, AICP, of Hole Montes Inc., is requesting a rezone of the easternmost 10 acre portion of the First Assembly Ministries Education & Rehabilitation PUD from the Planned Unit Development (PUD) zoning district to the Agricultural (A) zoning district. The subject property is located along the northern side of the extension of The Lords Way, in Section 14, Township 50, Range 26, Collier County, Florida. (Companion to Petition PUDA-2007-AR-12043) 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 30 July 22, 2008 July 22, 2008 MR. MUDD: Ladies and gentlemen, will you please take your seats. Mr. Chairman, Commissioners, you have a hot mike. CHAIRMAN HENNING: Good morning, everybody. Welcome to the Board of Commissioners' meeting. Today is July 22, 2008. Do we have a minister in the house for the invocation? (No response.) CHAIRMAN HENNING: County Manager, would you lead us in the invocation, followed by the Pledge of Allegiance led by Deputy County Manager Leo Ochs. Would you all rise? COMMISSIONER FIALA: We had a minister in the audience just a minute ago. Where'd Pastor Mallory go? Is he still outside there? CHAIRMAN HENNING: Please. MR. MUDD: Let us pray. Our Heavenly Father, we ask your blessing on these proceedings and all who are gathered here. We ask a special blessing on this Board of County Commissioners, guide them in their deliberations, grant them the wisdom and vision to meet the trials of this day and the days to come. Bless us now as we undertake the business of Collier County and its citizens, that our actions will serve the greater good of all citizens and be acceptable in your sight. Your will be done, amen. (The Pledge of Allegiance was recited in unison.) CHAIRMAN HENNING: Before we go through the changes on the agenda, I just want to remind everybody, if you have a cell phone, put it on vibrate or turn it off. If you don't like the discussion that's going on, you feel the need to have a different discussion, please take it outside. We're bringing back the timer by popular demand. Award ceremony will be based upon the timer minutes. And are you going to Page 2 July 22, 2008 be the keeper of the time? COMMISSIONER FIALA: Are you assigning me that, Mr. Chairman? CHAIRMAN HENNING: Yeah, if you want to. So don't feel the need to change anything. We just want to keep time for the awards ceremony. Item #2A REGULAR, CONSENT AND SUMMARY AGENDA- APPROVED AND/OR ADOPTED WITH CHANGES CHAIRMAN HENNING: And with that, do you have any changes to today's agenda? MR. MUDD: Yes, sir, Mr. Chairman. Agenda changes, Board of County Commissioners' meeting, July 22, 2008. Item 8A continued to September 9,2008, BCC meeting. This item was originally continued from the June 10, 2008, BCC meeting, then further continued to the June 24, 2008, BCC meeting, and now continued to the September 9,2008, BCC meeting. This petition is requesting an amendment to the Artesa Pointe PUD. That item is at staffs request. And we had a -- and we had a publication issue on that particular item. Next item is 8B, and it's in the same vein. It's continued to September 9,2008, and it is a companion item to 8A. This item was originally continued from June 10,2008, further continued to the June 24,2008, BCC meeting, and now continued to September 9,2008. This petition is requesting a PUD rezone for Tamiami Crossing, CPUD. Again, at staffs request. The next item is to continue item 8D to September 9,2008, BCC meeting. It's a recommendation to repeal the animal control Page 3 July 22, 2008 ordinance, ordinance number 93-56, as amended, and to adopt ordinance number 2008- -- whatever it determines at the time and whatever the sequential number is -- of the animal control ordinance to strengthen the section pertaining to dangerous dogs, to provide a uniform method for revision of fees, to provide for mandatory spay/neuter of animals upon return to owner after impoundment, and to more clearly define leash law and the affidavit of complaint process. This item is being continued at staffs request. The next item is item 8G. The title should read, in order to adopt a facade rather than a fade grant program. That clarification is at staffs request. Next item is item 13A. The title should read, a recommendation that the Board of County Commissioners approves the proposed changes to the false alarm ordinance and direct staff to advertise said ordinance and place on a future BCC agenda for final approval and adoption. Not only should the title say that but the recommendation should say that. And that clarification is at staffs request. The next item is item 16AlO. The following language should be added as a final paragraph to page 8 of 11 of the second memorandum of agreement. This MOA may be terminated by any party for any reason upon prior written notice to the other party. Again, that clarification's at staffs request. Next item is to withdraw item 16B4, and that's a recommendation to award bid number 08-5061, Golden Gate Parkway/Livingston Road to 66th Street and 60th Street to Santa Barbara Boulevard, roadway grounds maintenance to Ground Zero Landscape Services, Inc., in the amount of $41,651.39. It's fund 111, cost center 163831. This item is being withdrawn at the staffs request. Next item is to move item 16Bll to 10M. It's a recommendation to approve award of bid number 08-5069 to Douglas N. Higgins, Inc., for completion of the Willow West stormwater improvements project number 510076 in the total amount of$218,834, and that move is at Page 4 July 22, 2008 staffs request. Next item is to continue item 16D8 to the September 9,2008, BCC meeting, and that is a recommendation to adopt a resolution establishing the Collier County Domestic Animals Services fee policy as of October 1,2008, and superseding resolutions 95-107,95-106, 93-404, and all other resolutions establishing animal services related fees. Again, that continuance is at staffs request. Next item is to move item 16E3 to 10L, and that is a recommendation to ratify additions to deletions from the 2008 fiscal year pay and classification plan made from April 1, 2008, through June 30, 2008, and that item is being asked to be moved at Commissioner Henning's request. The next item is 16E7. Items 20 and 21, which are amendments for housing and human services on the BCC change order report, were clarified as well -- were clarified as well as the modified forms. The overview of change -- and I have a little creature here that's bothering me. Excuse me. COMMISSIONER FIALA: It wasn't you? MR. MUDD: It was Leo. The overview of change for item 20 and 21 on the BCC administrative change order report were rewritten for clarity. Subsequent action, the describe change section on the mod form, required an adjustment on the same items, 20 and 21. Corrected change order report has been distributed, and that clarification's at staffs request. Item 16K9, for clarity the title should read, a recommendation to authorize an offer of judgment in the amount of $7,236,000 for parcel I 15FEE by Collier County property owner Norma Farmilo, individually and as trustee, in the lawsuit styled Collier County versus Robbie L. Rayburn et ai, case number 06-4268-CA, which is Santa Barbara Boulevard extension, project number 60091. Positive fiscal impact, if accepted, would be a refund to the county of $50,382. That Page 5 July 22, 2008 item and clarification is at staffs request. Next item is to move item 17 -- excuse me -- to move item 17C to 16A 19. That is request to the Board of County Commissioners, BCC, to approve a resolution to extend the term of the ad hoc East of Collier County 951 Infrastructure and Services Horizon Study Public Participation Master Plan Committee, and that clarification on the agenda's at staffs request. Next item is 17H. The title objective and the recommendations all refer to ordinance number 2001-73 in the executive summary. It should refer to ordinance number 2006-27. Both the resolution and the newspaper advertisement refer correctly to ordinance number 2006-27. No change is needed to the resolution, and that clarification's at staffs request. And the last two items that I have for changes, and then we'll go to the time certains, are to move item 17J to 8H. This item will require that all participants be sworn in and ex parte disclosure be provided by commission members. It's PUDA-2007-AR-12043, First Assembly of God Naples, Inc., by 1. David Mallory, president; and MDG Fountain Lakes, LLC, William L. Klohn, president, MDG Capital Corporation, managing member, both of whom are represented by Robert L. Duane, AICP, Hole Montes, are requesting an amendment from the planned unit development zoning district to the mixed used planning unit development, MPUD zoning district, for a 69-acre project known as the First Assembly Ministries Education & Rehabilitation, MPUD. Again, this item is 17J and it's being moved to 8H at Commissioner Fiala's request. It has a companion item, which is to move item 17K to 81, and this is RZ-2008-AR-12482 Toll-Rattlesnake, LLC, represented by Robert Duane, AICP, of Hole Montes, Inc., is requesting a rezone of the easternmost 10-acre portion of the First Assembly Ministries Education & Rehabilitation PUD from the planned unit development zoning district to the agricultural A zoning district. Again 17J going Page 6 July 22, 2008 to 8H; 17K going to 81. Both are companion items. Both are at Commissioner Fiala's request. Now we have some time certain items, Commissioners, on today's agenda. Item 8E to be heard at 1 :00 p.m. It's a recommendation to consider adoption of an ordinance establishing the Naples Reserve community development district, CDD, pursuant to section 190.005 of the Florida Statutes. The next item is item lOC to be heard at 4:00 p.m. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's a recommendation to approve -- to approve a developer's contribution agreement, DCA, between Victoria States, L TD, Magpond, LLC, MagpondA, LLC, MagpondB, LLC, New Magpond, LLC, and 1-75 Associates, LLC, all the developers and Collier County, to accept certain easements, modify buffer requirements, define developer commitments, and establish fiscal responsibilities for improvements on Collier Boulevard, Magnolia Pond Drive and Noah's Way, to facilitate the county's Collier Boulevard -- the county's Collier Boulevard roadway extension proj ect 600001. Next item is item lOE to be heard at 3:30 p.m. This is a recommendation that the Board of County Commissioners provide the county manager or his designee with guidance on making an offer for the Pepper Ranch a propriety cycle 5 Conservation Collier acquisition proposal considering an actual appraisal value that is higher than originally estimated and recommended conditions of sale. This item for a time certain was at Commissioner Fiala's request. The next item is IOJ to be heard at 11 a.m. and it has a companion, 10J, to be heard at 11 :00 a.m. It is to request and to recommend BCC declare an economic emergency situation and approve expenditure of tourist development tax emergency advertising funds for international and domestic market promotion in fiscal year '08 totaling $476,300, and in fiscal year '09 in the amount of$738,650. Page 7 July 22, 2008 It has a companion item, which is 10J, and it's to recommend approval of change order number one in the amount of $700,000 on contract 06-4007 with Paradise Advertising and Marketing, Inc., for additional billing over $2 million. That's all I have, Mr. Chairman, Commissioners. CHAIRMAN HENNING: Thank you. That was a mouthful. County Attorney, do you have any changes to today's agenda? MR. KLATZKOW: Just a minor. lOC, I'm not sure that ex parte disclosure's required. I'll address that when we get to it. CHAIRMAN HENNING: Okay. Thank you. Commissioner Halas, do you have any changes -- further changes to today's agenda and any ex parte communication on today's consent or summary? COMMISSIONER HALAS: I don't have any changes to today's consent or any of the agenda, the summary agenda. As far as ex parte on the consent agenda, I do not have any. On summary agenda, I believe on 16 -- let's see here -- 17J -- 17J, which has been moved, I have correspondence, email, and phone calls, and also on the summary agenda, 17K, again, that's related to the same, so it's been correspondence, emails, and phone calls, and I have nothing other to add or to take from today's agenda. Thank you. CHAIRMAN HENNING: Thank you. I have no changes, further changes. I have a communication on 17B by -- I talked to Tom Jones from Barron Collier Corporation on that petition. Commissioner Fiala? COMMISSIONER FIALA: Yes. I have no further changes to the agenda. Nothing on the consent agenda. On the summary agenda -- other than the two I pulled, which I guess we'll declare our ex parte later on in the meeting. Number 17D, I do have a disclosure. That's on Hogan Island Quarry. And I've had meetings and correspondence on that issue. CHAIRMAN HENNING: Commissioner Coletta? Page 8 July 22, 2008 COMMISSIONER COLETTA: Yes, thank you. I have nothing on the -- to change or to pull on the consent agenda, but the summary agenda, item 17D, I've had meetings with Bob Mulhere, and Golden Gate Civic Association Newsletter had some information in it. And also item G on the summary agenda, I had meetings with Bill Klohn and Tammie Nemecek. And I believe that does it. That does it. No other change to the agenda. Thank you, sir. CHAIRMAN HENNING: Thank you. Do we have any public speakers on today's agenda? MS. FILSON: No, ma'am -- sir. CHAIRMAN HENNING: The -- we have a -- the item that was pulled off the summary agenda, I'm getting mixed signals on whether the petitioner wants to continue it or not. So can we get some indication from the petitioner whether their request is to continue that to a further meeting; Mr. Klohn? MR. KLOHN: Good morning. For the record, Bill Klohn, MDG Capital Corporation. We would like to continue with today's public hearing, not -- CHAIRMAN HENNING: So that would be 17 -- MR. KLOHN: That moved to-- COMMISSIONER HALAS: K and 1. CHAIRMAN HENNING: K and 1. MR. MUDD: Yes, sir. 8H and H -- yeah -- 8I on the agenda. CHAIRMAN HENNING: Are you sure? MR. MUDD: Yes, sir. If! could just say it. CHAIRMAN HENNING: All right. Now, do we have a motion to approve today's agenda as amended including continuing the petitions H -- 8H. MR. MUDD: That's not what he said, sir. He said he wants to hear it today. CHAIRMAN HENNING: Oh, you want to hear it today? Page 9 July 22, 2008 MR. KLOHN: Yes, sir. CHAIRMAN HENNING: Okay. MR. KLOHN: And ideally with a time certain, if that's in the wishes. CHAIRMAN HENNING: Two o'clock? Would that work, County Manager? MR. MUDD: Yes, sir. CHAIRMAN HENNING: Okay. MR. KLOHN: Thank you very much. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Make that motion. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Commissioner Coletta makes a motion to approve the agenda as amended and the addition of the time certain of two o'clock, seconded by Commissioner Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) Page 10 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING Julv 22.2008 Item 8A continued to the September 9. 2008 BCC meetina: This item was originally continued from the June 10, 2008 BCC meeting, then further continued to the June 24, 2008 BCC meeting, and now continued to the September 9, 2008 BCC meeting. This petition is requesting an amendment to the Artesa Pointe PUD. (Staff's request.) Item 8B continued to the September 9. 2008 BCC meetina: This item was originally continued from the June 10, 2008 BCC meeting, then further continued to the June 24, 2008 BCC meeting, and now continued to the September 9, 2008 BCC meeting. This petition is requesting a PUD Rezone for Tamiami Crossing CPUD. (Staff's request.) Continue Item 8D to the September 9.2008 BCC meetina: Recommendation to repeal the Animal Control Ordinance (Ordinance No. 93-56, as amended), and to adopt Ordinance No. 2008-xx as the Animal Control Ordinance, to strengthen the section pertaining to dangerous dogs, to provide a uniform method for revision of fees, to provide for mandatory spay/neuter of animals upon return to owner after impoundment, and to more clearly define leash law and the affidavit of complaint process. (Staff's request.) Item 8G: The title should read, " . . . . in order to adopt a Fa!;ade (rather than Faade) Grant Program. .." (Staff's request.) Item 13A: Title should read: "Recommendation that the Board of County Commissioners approves the proposed changes to the False Alarm Ordinance and direct staff to advertise said ordinance and place on a future BCC agenda for final approval and adoption." (Staff's request.) Item 16A1 0: The following language should be added as a final paragraph on page 8 of 11 of the Second Memorandum of Agreement: "This MOA may be terminated by any party for any reason upon prior written notice to the other parties." (Staffs request.) Withdraw Item 16B4: Recommendation to award Bid #08-5061 Golden Gate Parkway (Livingston Road to 66'h Street and 60'h Street to Santa Barbara Blvd.) Roadway Grounds Maintenance to Ground Zero Landscaping Services, Inc. in the amount of $41,651.39 (Fund 111, Cost Center 163831). (Staffs request.) Move Item 16B11 t010M: Recommendation to approve award of Bid No. 08-5069 to Douglas N. Higgins, Inc. for completion of the Willow West Stormwater Improvements Project #510076 in the total amount of $218,834. (Staffs request.) Continue Item 16D8 to the September 9. 2008 BCC meetina: Recommendation to adopt a Resolution establishing the Collier County Domestic Animal Services Fee Policy as of October 1, 2008 and superseding resolutions 95-107, 95-106, 93-404, and all other resolutions establishing animal services-related fees. (Staffs request.) Move Item 16E3 to 10L: Recommendation to ratify additions to and deletions from the 2008 Fiscal Year Pay and Classification Plan made from April 1, 2008 through June 30,2008. (Commissioner Henning's request.) 7/22/2008 8:49:03 AM Item 16E7: Items 20 and 21 (Amendments for Housing and Human Services) on the BCC Change Order report were clarified well as the mod forms. The "Overview of change" for items 20 and 21 on the BCC Administrative Change Order report were rewritten for clarity. Subsequent action: the "Describe Change Section" on the mod form required an adjustment on the same items, 20 and 21. Corrected Change Order Report has been distributed. (Staff's request.) Item 16K9: For clarity, the title should read "Recommendation to authorize an Offer of Judgment in the amount of $726.000 for Parcel 115FEE by Collier County to property owner Norma Farmilo, Individually and as Trustee, in the lawsuit styled CC v. Robbie L. Rayburn, et aI., Case No. 07- 4268-CA (Santa Barbara Boulevard Extension Project No. 60091). (Positive Fiscal Impact: If accepted, refund of $50,382.) (Staffs request.) Move Item 17C to 16A19: A request of the Board of County Commissioners (BCC) to approve a Resolution to extend the term of the ad hoc East of County Road 951 Infrastructure and Services Horizon Study Public Participation Master Plan Committee. (Staffs request.) Item 17H: The title, Objective and the Recommendation all refer to Ordinance No. 2001-73 in the executive summary. It should refer to Ordinance No. 2006-27. Both the Resolution and the newspaper advertisement refer correctly to Ordinance No. 2006-27. No change is needed to the Resolution. (Staff's request.) Move Item 17J to 8H: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA-2007-AR-12043: First Assembly of God Naples, Inc., by J. David Mallory, president; and MDG Fountain Lakes, LLC, William L. Klohn, president of MDG Capital Corporation, managing member; both of whom are represented by Robert L. Duane, AICP, Hole Montes, Inc., are requesting an amendment from the Planned Unit Development (PUD) zoning district to the Mixed Use Planned Unit Development (MPUD) zoning district for a 69 acre project known as the First Assembly Ministries Education and Rehabilitation MPUD, to allow multi-family units, community facilities and church-related uses. The subject property is located in the northeast quadrant of the intersection of Collier Boulevard (CR 951) and The Lords Way in Section 14, Township 50 South, Range 26 East, Collier County, Florida. (Companion to Petition RZ-2008-AR-12842). (Commissioner Fiala's request.) Move Item 17K to 81: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. RZ-2008-AR-12842: Toll-Rattlesnake, LLC, represented by Robert Duane, AICP, of Hole Montes, Inc., is requesting a rezone of the easternmost 10 acre portion of the First Assembly Ministries Education & Rehabilitation PUD from the Planned Unit Development (PUD) zoning district to the Agricultural (A) zoning district. The subject property is located along the northern side of the extension of The Lords Way, in Section 14, Township 50, Range 26, Collier County, Florida. (Companion to Petition PUDA-2007-AR-12043.) (Commissioner Fiala's request.) 7/22/2008 8:49:03 AM Time Certain Items: Item 8E to be heard at 1 :00 p.m. Recommendation to consider Adoption of an Ordinance establishing the Naples Reserve Community Development District (CDD) pursuant to Section 190.005, Florida Statutes. Item 10C to be heard at 4:00 p.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve a Developers Contribution Agreement (DCA) between VICTORIA ESTATES, LTD., MAGPOND, LLC, MAGPONDA, LLC, MAGPONDB, LLC, NEW MAGPOND, LLC, and 1-75 ASSOCIATES, LLC (The Developers) and Collier County (The County) to accept certain easements, modify buffer requirements, define Developer commitments and establish fiscal responsibilities for improvements on Collier Boulevard, Magnolia Pond Drive and Noahs Way to facilitate the County's Collier Boulevard roadway expansion project 60001. Item 10E to be heard at 3:30 p.m. Recommendation that the Board of County Commissioners provide the County Manager or his designee with guidance on making an offer for the Pepper Ranch, a priority Cycle 5 Conservation Collier acquisition proposal, considering an actual appraisal value that is higher than originally estimated and recommended conditions of sale. (Commissioner Fiala's request.) Item 101 to be heard at 11 :00 a.m. Request and recommend the BCC declare an economic emergency situation and approve expenditure of Tourist Development Tax Emergency Advertising Funds for international and domestic market promotion in FY 08 totaling $476,300 and in FY 09 in the amount of $738,650. Item 10J to be heard at 11 :00 a.m. Recommend approval of Change Order #1 in the amount of $700,000 on Contract 06-4007 with Paradise Advertising & Marketing, Inc. for additional billing over $2,000,000. 7/22/2008 8:49:03 AM July 22, 2008 Item #2B, #2C, #2D, #2E, and #2F MEETING MINUTES: JUNE 10, 2008 REGULAR MEETING; JUNE 11,2008, POST-LEGISLATIVE WORKSHOP; JUNE 19, 2008 BUDGET HEARING; JUNE 20, 2008 BUDGET HEARING; JUNE 24, 2008, REGULAR MEETING - APPROVED AS PRESENTED CHAIRMAN HENNING: Motion carries unanimously. Entertain a motion to approve the June 10, 2008, BCC regular meeting; June 11th BCC post-legislative workshop; June 9 (sic), 2008, BCC budget hearing; June 20, 2008 budget -- BCC budget hearing; and June 24, 2008, BCC regular meeting. COMMISSIONER HALAS: So moved. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Halas, second by Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #3A SERVICE AWARDS (EMPLOYEE AND ADVISORY BOARD MEMBERS) - 20 YEAR ATTENDEES - PRESENTED We're going to go to service awards. Commissioners, please join Page 11 July 22, 2008 me down in front of the dais to recognize our long-term standing employees. MR. MUDD: Commissioner, we have some 20-year attendees today and one 30-year, and we'll start with the 20-year attendees. The first 20-year employee is John Veit from emergency management. (Applause.) CHAIRMAN HENNING: Congratulations. MR. VEIT: Thank you, sir. COMMISSIONER HALAS: Congratulations. Thank you for all your work. (Applause.) MR. MUDD: Our next 20-year attendee is Eric Cline from the water department. (Applause.) CHAIRMAN HENNING: Mr. Cline, congratulations. Thank you for your service. MR. CLINE: You're very welcome. COMMISSIONER FIALA: Thank you. COMMISSIONER COLETTA: Very much appreciated. COMMISSIONER HALAS: Thank you. (Applause.) MR. MUDD: Commissioners, our next 20-year attendee is David Dornton, and he's from the road and bridge department. (Applause.) CHAIRMAN HENNING: David, congratulations. I thought I knew all the people that work down here, but we haven't met before. Nice to meet you. COMMISSIONER FIALA: Thank you, David. COMMISSIONER COLETTA: Thank you. The next 20 years will be easier. COMMISSIONER HALAS: Thank you. Page 12 July 22, 2008 COMMISSIONER FIALA: You live in Immokalee? MR. DORNTON: No. I just work there. MR. MUDD: David, congratulations. Thank you, sir. (Applause.) MR. MUDD: Our next 20-year attendee is Tonya Delgado from the transportation engineering and construction management department. (Applause.) CHAIRMAN HENNING: Congratulations. Thank you for your servIce. COMMISSIONER FIALA: Thank you, Tonya. Nice to meet you. COMMISSIONER COLETTA: Thank you so much for your service you give to Collier County. COMMISSIONER HALAS: Thank you. You're doing a great job. MR. OCHS: Congratulations, Tonya. (Applause.) Item #3B SERVICE AWARDS (EMPLOYEES AND ADVISORY BOARD MEMBERS) - 30 YEAR ATTENDEES - PRESENTED MR. MUDD: Thank you. Commissioner, this brings us to our 30-year attendee, and that's Homero Partida, Jr., of the road and bridge department. (Applause.) CHAIRMAN HENNING: Congratulations. Thanks for your servIce. COMMISSIONER FIALA: Thank you for being with us so long. Page 13 July 22, 2008 COMMISSIONER COLETTA: Thank you for your years of servIce. COMMISSIONER HALAS: The first 30 years were easy, right? The next 30 might be tough. (Applause.) Item #4A PROCLAMATION TO RECOGNIZE JUNE 1,2008 AS THE 35TH ANNIVERSARY OF THE ZONT A CLUB OF NAPLES. ACCEPTED BY LESLIE CHEEK, PRESIDENT OF THE ZONT A CLUB OF NAPLES - ADOPTED MR. MUDD: Mr. Chairman, this brings us to proclamations. The first proclamation is 4A. It's to recognize June I, 2008, as the 35th anniversary of the Zonta Club of Naples, to be accepted by Leslie Cheek, president ofthe Zonta Club of Naples. Ms. Cheek, if you could come forward, please. (Applause.) COMMISSIONER FIALA: I'm so pleased that I'm able to -- come on all the way up here, Leslie -- to read this, especially because Leslie is a friend, and Zonta is a friend, and they've even honored me with an award in years past in the dark ages. Whereas, the Zonta Club of Naples was founded on June 1, 1973, as the local chapter of Zonta International, a global organization of executives and professionals; and, Whereas, the past 35 years, the Zonta Club of Naples has served the community by supporting programs that affect the health and welfare of women and children, advancing programs that protect women and children from violence, and championing the educational programs for at-risk girls; and, Whereas, the mission of the Zonta Club of Naples is to advance Page 14 July 22, 2008 the status of women locally and worldwide through service and advocacy; and, Whereas, the volunteer time, programs, financial support, and projects of the Zonta Club of Naples benefit the women and children of Collier County. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that June 1,2008, be recognized as the 35th anniversary of the Zonta Club of Naples. Done and ordered this 22nd day of July, 2008, Board of County Commissioners, Collier County, Florida, Tom Henning, Chairman. And, Mr. Chairman, I'd like to make a motion to approve. COMMISSIONER HALAS: Second. COMMISSIONER COLETTA: Second. CHAIRMAN HENNING: Motion by Commissioner Fiala to move the proclamation, second by Commissioner Halas. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. Congratulations, thank you. (Applause.) COMMISSIONER FIALA: Leslie, come over here and take a picture. MR. MUDD: We need to get you to take a picture, if I could. Just come on forward and show the proclamation. MS. CHEEK: Wow. This is so exciting. Thank you. MR. MUDD: Would you like to say something, ma'am? MS. CHEEK: Oh. I was trying to be cognizant of your time. Page 15 July 22, 2008 But thank you very much. And the Zonta Club, we have to expand and continue on for many, many more years. Thank you. CHAIRMAN HENNING: Thank you. (Applause.) Item #4 B PROCLAMATION IN HONOR OF MARIA STONE. ACCEPTED BY MARIA STONE - ADOPTED MR. MUDD: The next proclamation is 4B, and it's in honor of Maria Stone, to be accepted by Maria Stone, to be read by Commissioner Coletta. Ms. Stone, if you'd come forward. COMMISSIONER COLETTA: This is, indeed, an honor. Maria, it's so great to have you here today. Maria's a long-time friend not only of me, but of many people in Collier County. MS. STONE: I don't know what I'm doing up here. COMMISSIONER COLETTA: Oh, you're doing (sic) up here because we're paying tribute to you for the wonderful, wonderful life you have led, and we just appreciate you so much. COMMISSIONER FIALA: And what she's done for the county. COMMISSIONER COLETTA: Oh, very much so. Whereas, Maria Stone is a teacher with over 45 years of experience; and, Whereas, Maria Stone has traveled extensively through the world and written about her many adventures sponsoring students from foreign countries for extended periods; and, Whereas, Maria Stone wrote many children's books as well as books on Florida history, novels, poetry, and music; and, Whereas, Maria Stone and her husband Peter made it their mission and lifelong goal to educate Florida children to learn the rich Page 16 July 22, 2008 folk history of Florida's first families and early settlers; and, Whereas, Maria Stone was compelled to capture the folk stories of real people who tamed Naples, telling their stories in their own words and ways in her many books; and, Whereas, Maria Stone's collection of books include "Cambiax (sic) Kid", "Ochopee, the Story of the Smallest Post Office", "The End of the Oxcart Trail," "Old Soldiers have Nine Lives," "We also Came," "The Tamiami Trail," and my favorite, "Swamp Buggy Fever," which illustrates the history of the swamp buggy and was featured in the A&E one-hour documentary; and, Whereas, Maria Stone was presented with the keys of the City of Naples on June 18,2008; and, Whereas, Maria Stone has devoted her life to selfishless (sic) giving as a story teller and philanthropist. And therefore, be it proclaimed by the Board of Collier County Commissioners, Collier County, Florida, that July 22,2008, be designated as Maria Stone Day to honor her many contributions to Naples and Collier County, Florida. Done and ordered this, the 22nd day of July, 2008, and Tom Henning's signature's on the bottom. And I make a motion with the greatest of pride for acceptance. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Commissioner Coletta makes a motion to move the proclamation, second by Commissioner Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. Thank you. Page 17 July 22, 2008 COMMISSIONER COLETTA: Thank you. (Applause.) MS. STONE: I'd be out there teaching if my health permitted it. COMMISSIONER FIALA: We know you would. She just said that she would be in Immokalee teaching if her health permitted, and we know she would. Is that proclamation facing up or down? COMMISSIONER COLETTA: It's fine. Thank you for being here. (Applause.) MS. STONE: I didn't do this for fame and fortune. Thank you all so much. COMMISSIONER HALAS: Thank you for your service. MS. STONE: Thank you, thank you. COMMISSIONER COLETTA: Thank you, Maria. COMMISSIONER FIALA: Thank you for all you've done. MS. STONE: And I didn't do it for fame and fortune. I did it because I wanted the kids who come here to know about the history here. And the parents always said, back home, back home, and the children never knew that if they were born here, they were -- this was their home and they were Florida Crackers. And I appreciate your recognizing this, but I didn't do it for fame and fortune, but thank you so much. (Applause.) Item #5A PRESENTATIONS THE HONORABLE BURT L. SAUNDERS, STATE SENATOR, DISTRICT 37, IS A RECIPIENT OF THE COUNTY CHAMPION A WARD GIVEN TO THOSE MEMBERS OF THE FLORIDA LEGIS LA TURE WHO HAVE DEMONSTRATED SUPPORT AND UNDERSTANDING OF Page 18 July 22, 2008 COUNTY ISSUES FROM THE FLORIDA ASSOCIATION OF COUNTIES AS PRESENTED BY JOHN WAYNE SMITH, F AC LEGISLATIVE DIRECTOR. RECENTLY F AC PRESENTED HONORS TO LEGISLATORS STATEWIDE WHO WORKED TIRELESSLY DURING THE 2008 LEGISLATIVE SESSION TO PROTECT HOME RULE. SEN. SAUNDERS WAS ONE OF 21 STATE LEGISLATORS HONORED THIS YEAR FOR GOING ABOVE AND BEYOND IN THEIR EFFORTS TO WORK WITH LOCAL GOVERNMENTS, AND HELPING F AC KEEP THE AUTHORITY OF GOVERNMENT IN THE HANDS OF THOSE OFFICIALS CLOSEST TO THE PEOPLE - PRESENTED MR. MUDD: That brings us to presentations. The first. presentation is to the Honorable Bert L. Saunders, State Senator, District 37. He's a recipient of the County Champion Award given to those members of the Florida legislature who have demonstrated support and understanding of county issues from the Florida Association of Counties, to be presented by John Wayne Smith, the Florida Association of Counties legislative director. Recently F AC presented honors to legislators statewide who worked tirelessly during the 2008 legislative session to protect home rule. Senator Saunders was one of 21 state legislators honored this year for going above and beyond in their efforts to work with local governments and helping F AC keep the authority of government in the hands of those officials closest to the people. MR. SMITH: Good morning. Thank you, Mr. Chairman and Commissioners, for allowing the association to, first of all, use a part of your time for this recognition. For the record, my name is John Wayne Smith. I'm the legislative director for the Florida Association of Counties. And I'm here today because I want you to help me recognize a very important and special Page 19 July 22, 2008 State Senator. Senator Saunders has served the past few years as the chairman of the Senate's natural resources and environmental committees. As such he's been involved in numerous -- in all of the major legislation that has dealt with our most important environmental issues the past few years. It's no surprise or secret that some of our biggest issues that we've had to face have been energy, and he helped shepherd in the Senate the foundation of the State of Florida's first energy policy as we moved forward. He's also a major player in making sure that our land acquisition program, Florida Forever, is going to have a future, and those are all great things for the economic vitality of our state. I'm particularly here to speak to you because of how his efforts relate to communities like this continuing to have a say and being able to petition their government at the local level. And when I speak to that, I speak to preemptions and mandates and things that sometimes state, federal, and local governments have to come to agreement on who should be in charge of what. In this past year we had a number of issues where that debate had to occur, whether it was fertilizer issues, whether it was mining issues or phosphate issues or whatnot. But the reason why the Florida Association of Counties wants to recognize Senator Saunders is because he still believes that local government closest to the people is where most our decisions should be made. And it's not just the position that does things to protect county government or local government, but at the end of the day, it's done in a way so the folks that live in communities can drive to their government and petition them and participate in the local decisions that are being made. So on behalf of that, I would like you to join with me in recognizing Senator Saunders -- and his son Jonathan has come to attend today as well. I'd like to present to him as the County Page 20 July 22, 2008 Champion. This is a Russell Graves photo. The photo is of the old Capitol -- and you can't see it because you're too far away -- but it also has a silhouette of the new Capitol, and it's taken in the evening which, if you ever get to Tallahassee, it's a very beautiful site to see the old and the new capital in this way. Please join with me in recognizing Senator Saunders. (Applause.) COMMISSIONER FIALA: Thanks for what you do for local government. SENATOR SAUNDERS: I want to thank the Florida Association of Counties for this. When I was first elected, my first year in the legislature I received the Legislator of the Year award from the Florida Association of Counties, and it's very special to me to be recognized during my last year in the Florida legislature. I got my education in terms of government, in terms of public service, as a county attorney and as a county commissioner. And I will tell you that there are a lot of people in Tallahassee that really don't appreciate what you do every day as county commissioners and what your staff does every day. And so it's a continuing battle to educate members of the legislature who did not have any experience at the local level. The Florida Association of Counties does a wonderful job in making sure that message gets out. I've enjoyed working with this commission over the years and look forward to other challenges in the future. Thank you very much. (Applause.) Item #5B CONTRACTOR PRESENT A TION ON PHASE III OF THE COUNTY FLEET FACILITY PROJECT - SHERIFF'S FLEET MAINTENANCE FACILITY - PRESENTED Page 21 July 22, 2008 MR. MUDD: Commissioners, that brings us to the next presentation, which is a contractor presentation on Phase 3 of the county fleet facility project, the sheriffs fleet maintenance facility. Mr. Hank Jones will present, but I think he's going to introduce, too. MR. JONES: Yes. Good morning. For the record, Hank Jones, facilities. It's my pleasure this morning to introduce Mr. Fred Edmond, president of the Wright Construction Group who is the contractor on the -- both phases, and this being the presentation on the last phase, which is the sheriffs fleet maintenance portion of the fleet maintenance project out at County Barn. Mr. Edmond's going to give you a very brief presentation here on the status of that phase of the project. Mr. Edmond. MR. EDMONDS: I like the continual reminder that it has to be very brief. Thank you very much. On behalf of the entire team at Wright Construction, we want to thank you for the privilege of presenting to you today the progress that we've been making on sheriffs fleet maintenance facility. With me today is our project superintendent, Tom Stoots. And our efforts really are nothing without Tom and the tireless efforts that he puts forth on the job site. So pleased to have him with us today. We started the project back in the last week of February, so the month of March was predominantly demolition and the cleanup of the site. I don't think too many people had any tears shed over the loss of that -- of the existing facility. Then in April we were able to start on the new construction, predominantly in April starting on the west end of the project as you're facing County Barn Road on the administration wing. Progressing into May we're starting to see some vertical construction on the administration piece with the concrete columns and the masonry. Page 22 July 22, 2008 June, we're able to top out the administration wings, sets some structural steel for some future Kalwall skylights that will be in between the two buildings here as you're seeing in this picture. And then in July, where we're at today, we're topping out -- well, we've poured the slab for the maintenance bays as well as topped out all the masonry, poured all the concrete, and actually, as of today, we're starting to set the roof trusses for the administration building, so we're progressing very nicely. This was actually an aerial photograph taken in June, so a few things have changed since then. The slabs have been poured on the maintenance facility, all well as all the masonry walls on the maintenance bays as well. But we're pleased to report that the construction is proceeding under budget. The Phase 1 that we finished back in January also was completed under budget. From a time line standpoint, we're right on track for proceeding very well with our proposed completion in April of next year, with our final objective being zero architectural punch list and zero contractor-initiated change orders. And just to report, our quality control program has been proceeding with incredible results, so we have no problem anticipating that we'll continue this for your project. We've just turned over three projects for the Collier County school district, one of which, in Immokalee, the Eden Park Elementary School, new school campus, as well as 10 classroom additions for Collier County school board. All three completed zero contractor-initiated change orders and zero architectural punch list. So we're very excited that we can turn over this kind of quality of work to Collier County. I thank you for your time. (Applause.) CHAIRMAN HENNING: Questions by the board? Any questions? Page 23 July 22, 2008 (No response.) CHAIRMAN HENNING: Thank you. Mr. Jones, thank you. MR. JONES: Thank you. CHAIRMAN HENNING: As usual, you're doing an outstanding job. COMMISSIONER FIALA: I love that under budget, huh? Item #5C PRESENTATION OF THE SOLID WASTE MANAGEMENT DEPARTMENT WASTE REDUCTION AWARDS PROGRAM (WRAP) A WARD TO PRISM MICROWAVE - PRESENTED MR. MUDD: Commissioner, that brings us to our next presentation, which is the solid waste management department's Waste Reduction Awards Program, awards to Prism Microwave. CHAIRMAN HENNING: And if the company represented would stand up front, I'd like to tell the public a little bit about our awards ceremony. The mandatory non-recycling (sic) ordinance was adopted by the board in July, 2004, to establish the Waste Reduction Award Program, the WRAP award to recognize businesses and institutes for the enhancement of -- in recycling programming. The WRAP program award is consistent with the guiding principles adopted by the Board of County Commissioners December 5, 2006, environmental and growth management compliance, airspace preservation, and excellent operation and best value service. The Board of Commissioners is pleased to recognize Prism Microwave for their contributing and greater good of all in the county by being a green company and thereby helping to prolong the usable life in Collier County's landfill. Prism Microwave has enhanced the recycling program to -- Page 24 July 22, 2008 resource reduction and adopt eco- friendly business practices, such as by carbon credits of carbon funds, which we hear a little bit about, which helps to reduce the carbon and offset carbon emissions. Being a paperless office, faxes are received through emails, and staff informs suppliers and customers to send all invoices, quotes, packaging shipping, and correspondence through emails. Business cards and catalogs are accepted electronically or on line. Boy, if we could only do that to our agenda, Commissioner, wouldn't we be saving a lot? Recycling plastics and aluminum cans and glass, cardboard paper and recycling containers behind the building is shared by the company next door, contributing to a cost savings, advocating waste reduction by reusing cardboard boxes for packaging shipping needs and staff used -- reused office telephone books -- telephones; selling all used brass and aluminum products to a local scrap metal facility and recycling the consumer batteries and portable electronic devises. The WRAP program is an -- included is a certificate and a trophy of the WRAP logo, and spaces -- and can be found on Colliergov.net\recycling website showcasing the waste reduction and recycling program. Therefore, the Collier County Waste Management Department and the Board of Commissioners congratulate David Chamber, Prism CEO; Melissa Chamber, senior engineer of Green Champion; Sam Windsor, operation manager, and all the employees of your company. Well done. (Applause.) COMMISSIONER FIALA: That's a nice little award. CHAIRMAN HENNING: There's a little plaque for your office, for your business. Would you say a few words? MR. CHAMBER: Certainly. CHAIRMAN HENNING: Wait a minute. Commissioner Fiala's got a timer. She's going to time you. Page 25 July 22, 2008 COMMISSIONER FIALA: I've got a timer. MR. MUDD: If we could get a picture before you go. Thank you. MR. CHAMBER: Well, first, we -- thank you to the department of solid waste and the Board of Commissioners for this. Very nice, to hang up on our wall and on our website, of course. We won't be producing any literature to advertise it. Firstly, we're scientists, trying to set up a high-tech operation here. We're not tree huggers. We just feel that if there is any chance that we're affecting the climate, we should try and stop it. And there does seem to be agreement that we are affecting it somewhat. The biggest thing I think -- you've mentioned a lot of the things we're doing. But when you start down this path, all the employees start to think differently. We have only got recycling bins. There's one trash can in the whole company. It's right outside the back. So people have to get up and walk across the floor and throw trash away, but everyone has recycling right by the desk, so they stop bringing in plastic bottles of water and they stop bringing in all this stuff that you can't usefully recycle and are bringing in stuff that they can recycle, and we're appealing to their laziness by allowing them to throw it away right there rather than to get up and go around. And that's really it. I mean, you mentioned a number of the things we're doing. In our industry, nobody else recycles. Huge, huge amounts of product. In the cell phone industry, systems have a lifetime of about five years. And at the end of that time, people throw away warehouse-fulls of bay station components. We're giving them an option to recycle them, and we'll reuse the metals and turn them into new projects. Thank you again. CHAIRMAN HENNING: Thank you, Mr. Champion (sic). (Applause.) Item #5D Page 26 July 22, 2008 RECOGNIZE RICHARD ZYVOLOSKI, EMERGENCY MANAGEMENT COORDINATOR, BUREAU OF EMERGENCY SERVICES, AS EMPLOYEE OF THE MONTH FOR JUNE 2008 - PRESENTED MR. MUDD: Commissioner, our next presentation is a recommendation to recognize Richard Zyvoloski, the emergency management coordinator of the Bureau of Emergency Services Employee of the Month for June of2008. Rick, if you could come forward, please. (Applause.) CHAIRMAN HENNING: Rick, I want to congratulate you by giving you a plaque for your office. And we all know here what a great asset you are to the citizens of Collier County in time of need, whether it be fire or windstorm, like Commissioner Halas does, wind event. And we just -- on behalf of the board, we would like to give you have a little check there and a letter from the chairman. Thank you. MR. ZYVOLOSKl: Thank you very much. (Applause.) COMMISSIONER FIALA: Rick, thanks for all you do. COMMISSIONER HALAS: Picture. (Applause.) Item #6A PUBLIC PETITION REQUEST BY MR. JEAN CLAUDE MARTEL TO DISCUSS CODE ENFORCEMENT ISSUES- DISCUSSED MR. MUDD: Commissioners, this brings us to public petitions. Page 27 July 22, 2008 The first public petition is a request by Mr. Jean Claude Martel to discuss code enforcement issues. Mr. Martel, if you could come forward to one of the podiums. MR. MARTEL: Hello. CHAIRMAN HENNING: Could you state your name for the record, please. MR. MARTEL: My name is Jean Claude Martel. I live 3190 Karen Drive. I've been over here like 40, 45 years in Naples. And I don't know -- I don't think that -- code enforcement been charging me $300,000 fine, and they took two of my property, which I live over there right now. And this is not fair, you know. And I don't know what to tell you, you know. How much I want to see the -- drop the charges. That's why -- I've been the landlord for 35 years, and it's tough, you know. I was -- and I got no more people out there. They're all -- the Collier County went out there to pick up -- tore my place down over there, you know. I don't know what to say. I got a lawyer out there. He don't do nothing, you know. He's just wasting my money over there. And them I'm upset, real upset about it. They level the tax over here two years ago. I been paying the tax. This year I didn't pay. Well, I paid for two properties. I paid for, and I need about $10,000 to pay my taxes, and I'm broke, you know. CHAIRMAN HENNING: Mr. Martel, what would you like the board for -- or board to do? MR. MARTEL: The board? CHAIRMAN HENNING: The county commissioners. What would you like for us to do? MR. MARTEL: I don't know. CHAIRMAN HENNING: Okay. MR. MARTEL: I want you to leave me alone, you know. I think my mother-in-law (sic), you know, do it. And I got eight properties to take care of in Naples, seven on Karen Drive and one on Page 28 ..._.._._."-~".. July 22, 2008 Airport Road. And I only make -- I just spend a lot on Airport Road for $200 a month, you know. That's the only income I got right now. And I told them people, I said, if you're going to try and take my property, there going to be a war over there. I will give you a war. You know, they took two of my properties at 3152 and 3175, and I live on 3175. And I need to remodel my place on 3190. And it just takes time and money, you know. Right now I got no money. What do you suggest to me? CHAIRMAN HENNING: Well, let me see if any ofthe commissioners has any questions. Commissioner Coletta. COMMISSIONER COLETTA: There's times, sir, when you have to rely on resources other than yourself to get these problems solved. What you're dealing with is something that would be best if you were represented by a competent attorney. And if you can't afford one, possibly the Legal Aid Society might be able to help you out. I hate to see anybody be at a disadvantage because they lack the resources to be able to interact with code enforcement. MR. MARTEL: Well, the lawyer, I give him $5,000, and he didn't do nothing. He just let the county to foreclose on my two lots over there. I pay -- all my properties all paid for. I worked hard all my life. I'm 61 years old, you know. And the county going to try and take my property over there. We're going to have a big war over here. COMMISSIONER COLETTA: Yeah, Mr. Klatzkow, do you have any contacts with the Legal Aid Society you could share with the petitioner? MR. KLATZKOW: We could refer him to legal aid. I think at this point in time, he does have one property that we have foreclosed on. We're in the process of foreclosing on a second piece of property. We're going back to court fairly soon on that one. But certainly Mr. Wright can send him towards the Legal Aid Society. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yeah. Mr. Martel, I've got some Page 29 July 22, 2008 information from our legal department stating that there were a total of about 84 code cases on these seven properties over a period of years. MR. MARTEL: Yeah. The first time they told me pay at 3000 Caron Drive, I went out there, and you put me to another one, start another one, but that one finished, you know. And we have a fire that -- the bush behind my house over there, and the fire department. I have a lot of stuff around the yard, you know, and stuff like that. COMMISSIONER HALAS: In fact, I believe that it got to the point where the county had to intervene because there was so many complaints from the neighborhood and the -- MR. MARTEL: Right. COMMISSIONER HALAS: -- and so the county, we had to take taxpayers' dollars to go out and clean up one of your properties. MR. MARTEL: Well, I had a guy to do all of that, and they put me in jail because I don't want to throw nothing away. I got a lot of stuff. It took -- he take everything on my yard over there from my other place to clean everything over there. They put me in jail for three months. COMMISSIONER HALAS: But there are some -- okay. But there are some times when you can -- maybe if you want to save some of that stuff that you feel is of great value to you, then what you need to do is put it in a charge area and not into an area where -- MR. MARTEL: I got some -- I got plenty of garage over there on my -- and they took my Jacuzzi. They take everything I -- on the yard, you know. In the back yard and everything. COMMISSIONER HALAS: Well, I think what you're going to have to do is -- where you're going with this is not very beneficial to you. And I think what you may have to do is get some of your properties cleaned up and then put them up for sale before the court takes them so that you can make restitution in regards to all of the charges that are here before you, and I think that the neighborhood would help in assisting you to get things probably cleaned up so that Page 30 July 22, 2008 you can sell this property. MR. MARTEL: It's pretty well on the -- them two properties the county claims -- you know, that's his property, whatever. The land is property, it's mine, it's paid for, you know. And I got -- I got -- nobody buys nothing. I got -- been having it for sale. Nobody buys nothing. And I've got a -- CHAIRMAN HENNING: Commissioner Halas -- or Commissioner Coletta, I'm sorry. I don't think you were complete? COMMISSIONER COLETTA: Well, I'm fine with letting the other commissioners go if somebody else has to say something. But I'm very perplexed by this situation. I wish there was someone or some agency could ask for -- could act as an advocate. This is an unusual circumstance. We've run into this several other times where code violations have accumulated. It's either been a language barrier or a lack of education or a total lack of understanding in how the system works. I'm not too sure what to do, but I wish there was something. It doesn't have to necessarily be Collier County Government. Mr. Klatzkow, you-- MR. KLATZKOW: Commissioner, we worked with Mr. Martel for four years to clean up these properties. And at the end of the day, it's my feeling that he's using these properties sort of as a junkyard and that's sort of his business, except it's a residential neighborhood, so you've got home after home after home where the yards are just filled with junk. We spent four years trying to get him to clean up this stuff. Mr. Martel would not do that, and so we took the last recourse. I've been doing code enforcement foreclosures for five years. This is the only one I've taken to foreclosure. It was -- we couldn't do anything else but this. And we took one property in the hope that maybe he'll clean up the other properties. If he's not cleaning up the other properties, we'll take another property. Page 3 1 July 22, 2008 Hopefully he'll clean up the rest of the properties. And if he doesn't do it, we're going to take them one at a time until that neighborhood is cleaned up because it is a blight on his neighbors. COMMISSIONER COLETTA: Oh, it's got to be cleaned up. There's no doubt about it. But is there anyone or possibly a relative -- MR. KLATZKOW: Mr. Martel. All Mr. Martel has to do is to haul the stuff off his property. He doesn't want to do it because he's in the business of selling junk. But he's in the business of selling junk in a residential neighborhood. COMMISSIONER COLETTA: It's perplexing. I understand. CHAIRMAN HENNING: They might call that a yard sale; I'm not sure. MR. KLATZKOW: Sanford and Son, yeah. COMMISSIONER COLETTA: They can get a free permit for that. CHAIRMAN HENNING: Okay. Complete? Mr. Martel, thank you for being with us here today. MR. MARTEL: Oh, thank you. Item #6B PUBLIC PETITION REQUEST BY ROBERT TETRAULT TO DISCUSS MSTU FOR PAVING OF SUNSET ROAD AND WHITAKER ROAD - DISCUSSED MR. MUDD: The next public petition is a request by Robert Tetrault to discuss an MSTU for paving of Sunset Road and Whitaker Road. MR. TETRAULT: Good morning, everybody. Commissioners. My name is Robert Tetrault, and we're here today as residents of East Naples in dire need of road and drainage improvements on Whitaker Road and Sunset Boulevard. Page 32 July 22, 2008 Many of our residents have lived here for their entire lives and have had to live with health and safety issues with these roads. Needless to mention about damaged vehicles, dust and mud. All of these aforementioned issues have mostly fallen on deaf ears until recently. These roads are owned by the county and most all have been given right-of-way by our residents. I personally polled the residents, and out of 56 people on both Sunset and Whitaker, I have 31 signatures here, if you'd like to look at them. The county road maintenance department has maintained these roads since homes have first been constructed 30-plus years ago. Although they are maintained and owned by the county, we have been informed by the transportation department that they would not approve the roads for paving and drainage at county expense. We feel that this is an in-just to our health and well-being. There have been thin coats of test material provided by Florida Highway products with poor results at intersections with heavy vehicle traffic, and our residents would like to see one of their other products such as flex pave or open grade material used. And also there is no way to exit most of Sunset Boulevard due to fire or other health-related emergencies. My neighborhood and my family were trapped during a fire a few years ago, about 2004, with burning embers falling near our property. It should also be noted that this area is where the Santa Barbara extension is going to be built, and Sunset Boulevard will be used by construction crews with heavy equipment, which will damage the road even more. This could be a benefit to both county and residents with the company who may receive the bid for Santa Barbara extension road construction, as they would most likely be liable for any damage to Sunset Boulevard and ultimate paving. For all these reasons, we are here to ask for your help with this Page 33 July 22, 2008 project in establishing an MSTU and whatever monies or labor that could be provided to us by the county. Thank you. CHAIRMAN STRAIN: Thank you. Commissioner Halas has a question. COMMISSIONER HALAS: Yes. To start off with, are these roads private or are they owned by the county? County Attorney, do you know? MR. KLATZKOW: My understanding -- Mr. Feder will correct me -- is that it's a mixed bag as far as the ownership goes. MR. FEDER: For the record, Norman Feder, transportation administrator. One small section of Whitaker coming off of County Barn that is currently paved is county road. The other sections are not county roads. There are different areas where there's been some deeding to the county but never accepted for operations and maintenance. They are private roads. They are not county roads. COMMISSIONER HALAS: Okay. The other question, has the homeowners' group that's been in this particular -- in this particular area where the roads are to the point where they'd like to do something with them, have the homeowners got together to form an MSTU? MR. FEDER: They have not. We've worked with them, and they've got a petition up, but we've given them the information on the forms and the petition process required for an MSTU where you need 50 plus one, and we're looking to work with them on that. It was also noted that we're maintaining -- we provide courtesy grading on occasion to keep them passable and open for public health, safety, welfare and emergency situations, but we don't maintain the roads. And we have tried to work with them. We've tried some innovative things in the past, as Commissioner Fiala is aware, to try to work with them because we understand there's some needs in the area, and so we do want to help them find a solution on this. But we did advise them that they should go through the Page 34 July 22, 2008 process, use the proper forms to formulate an MSTU. COMMISSIONER HALAS: I would suggest that that be the direction, that they go and make sure that they have a full agreement with the neighbors in that particular area that want to get involved in this, and that they tax themselves to take care of the roads. MR. TETRAULT: Can I say something additional? CHAIRMAN HENNING: Please. MR. TETRAULT: As I mentioned in this little talk, there's no way for somebody, except if you live on the corner of Whitaker and Sunset, to exit that road in a fire or emergency. There's no way. And the only way that would be halfway feasible is if Cope Lane could go through, which the county is going to have that particular wad for Sunset Boulevard -- or excuse me -;- Santa Barbara extension. That's the only way. CHAIRMAN HENNING: Yeah. I was down there on Sunset not too long ago, and I guess I'm going to have to visit it again on your concern about fire safety. MR. TETRAULT: Yes. You'll see a pile of trash at the end of Cope Lane where the electric lines go through, and this is exactly where the road should go done through to the new road which would easily give us some access for an emergency, a true emergency. CHAIRMAN HENNING: Okay. Mr. Feder? MR. FEDER: Yes, Mr. Chairman, Commissioners. We are looking at, as I mentioned, one portion of Whitaker, which is paved now which doesn't quite go from County Barn over to the new alignment of Santa Barbara extension. We're looking at continuing that over to Santa Barbara extension once we've done the Santa Barbara extension to give an access relief between County Barn and Santa Barbara into this area. So that area we are looking to go beyond where we are right now -- CHAIRMAN HENNING: And you're going to accept that. MR. FEDER: -- and pave Whitaker, and then we'd accept that Page 35 July 22, 2008 for county maintenance. CHAIRMAN HENNING: You're going to accept it before -- MR. FEDER: We will build it to county standards and accept it for county maintenance after we've developed the extension to Santa Barbara. CHAIRMAN HENNING: You're going to accept it first and then do the improvements? MR. FEDER: Yes, on that section from where we are right now on a paved Whitaker over to what would be the extension of Santa Barbara. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yeah. What concerns me is if they can't get out during an emergency, and we're all about health, safety, and welfare. And when he says, if there's a fire or a hurricane and they can't get out of there, isn't that our responsibility to do something? MR. FEDER: Commissioner, I think we are doing something, and that's why I told you that we're providing courtesy grading on a periodic basis to make sure that the area is passable for emergency response. I believe that was the direction quite some years ago from another board that we provide assistance in this area even though it's not on county roads to provide some level of grading to keep it open. I understand -- COMMISSIONER FIALA: Are these limerock roads? MR. FEDER: Yeah, they are -- they are a limerock road. They were never on county ownership, unlike some that we took as part of the agreement with Avatar or Gulf Assurance. But nonetheless, what I can tell you is that we've tried to, based on prior -- as I understand it, well before my time -- decision is to maintain it for public safety on a -- about quarterly or three times a year grading basis, and we've done that to try and make sure that they're open for emergency response. Page 36 July 22, 2008 MR. TETRAULT: That still doesn't help us get out in a fire or a hurricane emergency, of which we've had both. We've had trees across the road during Hurricane Wilma, we had fires, we've had -- just a minute. Also Country Road was purchased by the county, and there's a fire station there now. There's also, as we saw earlier, we have the new police headquarters or whatever, substation. This would -- could have been another road that we could have somehow gotten taken and -- but we can't get through now because it's blocked and it's -- that's it. CHAIRMAN HENNING: Okay. COMMISSIONER FIALA: Are we opening up that road? MR. FEDER: Commissioner, I'd say, I don't know where County (sic) Road is. Are we talking about-- MR. TETRAULT: Country Road. MR. FEDER: -- County Barn? Are we talking about County Barn? MR. TETRAULT: Country Road. MR. FEDER: Country Road? MR. TETRAULT: Country Road. MR. FEDER: I'm not familiar with it. MR. TETRAULT: That's the road where -- right alongside the old County Barn maintenance building where they put the new building with the fire station and the police and all that. That's what Country Road is. If you go on a GPS, a lot of people coming down our road get lost because they can't find it. It's there on the GPS but it isn't in reality. CHAIRMAN HENNING: Mr. Chesser, I can't have you speak because it's not your public petition, but I'd be glad to get together with you later. And the 10 minutes is up. We're really not getting anywhere. You know, I would like to work with transportation, go out there and Page 37 July 22, 2008 kind of assess this situation. COMMISSIONER FIALA: Can we bring it back? CHAIRMAN HENNING: Well, it's a private facility, and the problem is, we can't use public funds on a private facility. The gentleman is asking us about the petition. I am -- I'm not willing to create an MSTU without having the required signatures to create an MSTU. MR. TETRAULT: I have them right here. CHAIRMAN HENNING: And is that 51 -- MR. TETRAULT: It's over 51 percent. CHAIRMAN HENNING: Okay. If you would give that to transportation, Mr. Feder, I'm sure we can go through that. Commissioner Coletta? COMMISSIONER COLETTA: Commissioner Henning, if we wanted to bring it back as a forced MSTU based upon what they got, I don't know if it's necessary. I mean, this supports it. It's just that I think the MST's (sic) the answer. We've been through this before in my district many, many times, and I've got many roads that desperately need work. They don't even get graded. We don't have a road program in place that addresses everything across the board. If they want to work towards an MSTU, I'm more than in favor of helping them in that direction in supporting that effort. CHAIRMAN HENNING: According to our standards or our rules and procedures? COMMISSIONER COLETTA: Well, we bring it before us, and if we have to modify something, we can do it at that point in time. I would not want to second guess how far we would have to get to be -- an MSTU doesn't have to deal with a public road. We do that on Rock Road right now. It's a private road. COMMISSIONER FIALA: So maybe -- CHAIRMAN HENNING: This is -- this is -- these are private roads. It's the same thing. Page 38 July 22, 2008 COMMISSIONER COLETTA: Right. Same thing with Rock Road. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: So in other words, they wouldn't really have to bring it up to county standards. They could just pave it the way they want with their MSTU, whether it be just a thin layer of asphalt or whatever. Doesn't have to have curbing, doesn't have to have stormwater, just so that they have their MSTU in place to put that thing together, that would be good. And at least they'd have a road then to ride on. The part that Mr. Tetrault, I'm sorry -- that blockage that you're talking about, is that -- is that on a county road, that blockage, or is that also on a private road? MR. TETRAULT: That portion that I'm speaking of is going to be -- it is county road. It's going to be county road because that's access to the ponding that's going to be done. MS. ARNOLD: For the record, Michelle Arnold. The property that -- or the road that he's talking about is not county owned. It's private road. Most of those roads are private. And I just wanted to mention for the board, a portion -- a part of why this was being brought before you is to see whether or not you all are in favor of exceeding the revenues with a 4/5th vote because when an MSTU is created, you'll have to look at the revenues with the budget process to put those dollars towards that MSTU. So it's more or less a consensus -- wanting to see if the board's in favor of, once they meet the requirements of creating an MSTU with the 50 percent plus one, if you're in favor of exceeding those revenues. CHAIRMAN HENNING: Okay. Not to confuse the issue. So they do have enough signatures? MS. ARNOLD: Well, the signatures they have are -- and I haven't looked at it all -- is -- CHAIRMAN HENNING: Okay. Would you-- Page 39 July 22, 2008 MS. ARNOLD: -- it doesn't meet the requirement for an MSTU. It's a little bit more involved, and we will work with them to meet that requirement. What they have received is signatures from property owners that says, Sunset and Whitaker MSTU proposal, and it's just more or less a consensus that, I guess, these property owners would be in favor of it. CHAIRMAN HENNING: Sir, would you be in favor of working with the county staff -- MR. TETRAULT: Of course. CHAIRMAN HENNING: -- to get the requirement of -- MR. TETRAULT: Of course. CHAIRMAN HENNING: -- signatures and bring it back to the Board of Commissioners? You okay with that, Commissioner Halas? COMMISSIONER HALAS: Yeah. And I think what Michelle was trying to get at is that once they established an MSTU and -- of course, it takes a year or so to get the funding. So I believe what you're asking is, would we forward some funding that would be returned to us as the MSTU gets established; is that correct? MR. MUDD: No. MS. ARNOLD: No. MR. MUDD: That's not what -- that's not what she said, nor -- COMMISSIONER HALAS: Okay. Because I think in some cases there has been where the county would lend some money, but then it was returned the first time that the assessment was made. Am I -- is that correct or not? MS. ARNOLD: No. MR. MUDD: Michelle, hang on for a second. I believe that's happened one time since I've been the county manager where that has transpired. What Ms. Arnold is telling you is, if you set up an MSTU, okay, it is a new tax source. And under House Bill 1 bravo, okay, when you Page 40 July 22, 2008 do that, you're exceeding the maximum amount of taxes that you can probably get. COMMISSIONER HALAS: Right, okay, got that. MR. MUDD: And you will need a super majority vote when that transpires, okay, so that you can expand it without contracting some other portion of the particular taxes, the other MSTU's, the other special districts that you have in that particular regard. In this case, once the signatures get done -- and I'm assuming, based on the survey, that they'll take another instrument out there and they will go out and get a valid survey so that it will hold up so that you can create a voluntary MSTU. That MSTU needs to be before you before the first of the year, 2009, so that it can be -- then have a tax taken up, collection taken up in November of2009, okay. So this will not take place this November for the tax rolls. You have to have MSTUs created before the first of the year, and so we're past that. So this would be a year and a half from now when they would have a tax assessed. COMMISSIONER HALAS: County Manager, would it be better for them to set up an MSBU? MR. MUDD: We'll take a look at that particular issue as we deal with -- deal with the petitioner and with his neighbors. CHAIRMAN HENNING: I -- no. We're -- you know, we're just about here where we need to be, and there's enough people here, I believe, to direct the county manager to work with the citizens to get a petition for them so we can get enough signatures. You're in favor of that, I'm in favor of that, petitioner's in favor of that, Commissioner Fiala's in favor of that, Commissioner Coletta's in favor of that. So we can start this process, and maybe we can it get back to the agenda as long as you have the required signatures. Okay. MR. TETRAULT: Thank you. CHAIRMAN HENNING: Thank you. Page 41 July 22, 2008 Commissioner Fiala? COMMISSIONER FIALA: Fast question. CHAIRMAN HENNING: Yep. COMMISSIONER FIALA: We're coming up into hurricane season, and this place is also full of trees. What are we going to do about that blockage in case they can't get out of there? Is there something -- CHAIRMAN HENNING: Just the same thing as we do with all the other streets, including Pine Ridge and streets in Golden Gate Estates. What happened in Wilma is the fire departments and our staff went out there to clear those. It's all about public safety, like you said, and we're not going to discriminate on whether you live on a private road or not. COMMISSIONER FIALA: Thank you. CHAIRMAN HENNING: Okay. Item #6C PUBLIC PETITION REQUEST BY WILLIAM ROBINSON, REPRESENTING IMMOKALEE CHILDCARE, TO DISCUSS LAND LEASE/PURCHASE OPTION WITH OAK HAVEN APARTMENTS - DISCUSSED The next public petition is, I think -- MR. MUDD: Is a request by William Robinson representing Immokalee Childcare to discuss land lease purchase options for the Oakhaven Apartments, sir. . You want to hear it or you want to take a break? CHAIRMAN HENNING: No, we're going to do it. MR. MUDD: State your name for the record, sir. MR. ROBINSON: Good morning. I'm Bill Robinson. I'm the vice-president of the Immokalee childcare board. I'm a volunteer and Page 42 July 22, 2008 an active childcare advocate, and I'm looking forward to presenting this issue, the petition, to all of you, Mr. Chairman and Commissioners and County Manager. To give you a focus of where we are -- there, thank you. I'm somewhat technically challenged. What you have here is the Main Street CRA for Immokalee. There is a yellow portion in the center. It's just a little more yellow than -- that is the block that I'm speaking to that's bound by Boston, 4th, 5th, and Colorado. In the lower right-hand corner of that property is the Immokalee Childcare property that we're attempting to purchase. If you can zoom that out. Thank you. MR. MUDD: I can. MR. ROBINSON: It is in the lower right-hand corner. It has got a faint yellow border on it. This is approximately 1.63 acres. We have had a land lease, which we have paid in full. It's for 99 years, but we paid it in full to lock in our obligation. And we have a purchase option to purchase the land for $1 from the Oakhaven Apartments. We are a 501(C)3 nonprofit learning center, one of the best in Immokalee and Collier County, and we plan to expand with four classrooms that would add 40 children and allow 40 parents to be potentially employed and employ nine additional staff in the Immokalee area. We need to clear the property split to get the SDP approved for the expansion. County planning had said we needed to do an SDP A for Oakhaven to get the split. We didn't anticipate this because we thought we could do an appraiser lot line modification land split with the up-to-date surveys. We have had all the necessary water approval and everything, but it comes down now, and the reason I'm petitioning today, is a transportation issue that basically has -- and some other department issues, that are asking us to make improvements for property that will Page 43 July 22, 2008 not be ours or never has been ours if we may go through with the acquirement of the 1.63 acres. The issue at hand -- I'm going to switch here to computer. MR. MUDD: Hang on. If you quit poking and you let me poke MR. ROBINSON: I'm not poking. MR. MUDD: -- I think we can get this cooking. MR. ROBINSON: Okay. CHAIRMAN HENNING: Looks mighty dark. MR. MUDD: Yeah, it is. And I'm-- MR. ROBINSON: The issue is that there's a requirement of 4,800 linear feet of five-foot sidewalk that is required to be built equivalent to around the block. Transportation has allowed this sidewalk to be built in lieu of the boundary of the property to 4,800 feet from Delaware all the way up to Main Street on the east side of 4th Street. Our petition is requesting for relief of the full 4,800 linear feet requirement to be paid by Immokalee Childcare, which is approximately $168,000 to our pro rata portion of only 633 linear feet, which would be equal to the boundary of the outside part of the property that we're requesting to move forward on for requirement. We have met all the other SDP requirements regarding the Immokalee Childcare proposed property. We just don't feel that we should be obligated to pay for improvements both interior and exterior on the residual part of the Oakhaven property. Any questions? CHAIRMAN HENNING: Are you complete? MR. ROBINSON: Pardon me? CHAIRMAN HENNING: Are you complete? MR. ROBINSON: I'm done, yes. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: I'd like to inquire of the staff of Page 44 July 22, 2008 what we could do to try to accommodate them. You have to -- in other words, they're asking you to build sidewalks way beyond the boundary of the childcare facility. MR. ROBINSON: That's correct. We want to get the land split done, but we have to complete the Oakhaven SDP A requirements to allow the land split to be complete, and we're asking for relief of that expense, which is approximately $30,000 on the interior, which is some striping, curbing, and some issues with trash dumpster areas. We're already committed to do our interior improvements for code enforcement. There is approximately -- over $400,000 of requirements from the county for us to do on a 12-year-old property, and that exceeds the cost of building the four rooms of $325,000. So what we're asking for is the relief of the full $168,000 sidewalk obligation, and we'll pay our -- COMMISSIONER COLETTA: Let me go ahead and call up staff, and I think we can get to the answers that we need as the commission to be able to move forward on this. Nick, can you help us out with this? What kind of relief can we offer a nonprofit that's serving a vital purpose within the Immokalee area? MR. CASALANGUIDA: Good morning, Commissioners. For the record, Nick Casalanguida with transportation. I think I had one of our project managers call Mr. Robinson a couple days ago and explain to him the code was clear and that the numbers that he was quoting today are high. And if he just goes by the code, it's only 25 percent of the project cost as a cap that this board approved as a -- sort of a safety net. If this developer or this applicant was building a project that was, say, $300,000, his sidewalk obligation would be capped at 25 percent of that project cost, and that build off site is an alternative. So he could pay in lieu with that cap and meet the code, and I think he would get the reduction he's asking for. So we've conveyed Page 45 July 22, 2008 that to him by phone, and I want to make sure we're clear with that. MR. ROBINSON: That was not in the conversation. In fact, the conversation I got from a gentleman by the name of Britland or Heitland was that he was under the impression that this had already been agreed upon by Oakhaven, and they had not -- they had not done the submission we had. COMMISSIONER COLETTA: Whatever that conver -- MR. ROBINSON: The 5 percent -- COMMISSIONER COLETTA: I'm going to interrupt you, Bill. I want to try to keep this on schedule. That whatever took place before doesn't matter. What takes place in this room is the only thing that matters before these commissioners and on the record. What Nick Casalanguida is talking about, is that acceptable for you? MR. ROBINSON: This is new news, and, yes, this, given-- COMMISSIONER COLETTA: Fine. Isn't it great how we solve these problems? Thank you for being here today. MR. ROBINSON: Thank you. CHAIRMAN HENNING: Okay. We're going to take a 10-minute break. Well, I should say, before we go to the lO-minute break, the next public petition is the same item on 9E, and I think we ought to consolidate those. COMMISSIONER FIALA: Okay. CHAIRMAN HENNING: 9E and 6D, as in David. COMMISSIONER HALAS: Good. CHAIRMAN HENNING: Good? Okay. We're going to take-- well, let's be back at 10:35. Yeah, 10:35. (A brief recess was had.) CHAIRMAN HENNING: The board's back in session. Everyone take their seats. Page 46 July 22, 2008 Item #6D and Item #9E PUBLIC PETITION REQUEST BY PHILIP PENZO TO DISCUSS COLLIER COUNTY PURCHASING POLICY - DISCUSSED; FINDINGS OF THE PRODUCTIVITY COMMITTEE - MOTION TO ACCEPT THE PRODUCTIVITY COMMITTEE'S FINDINGS- APPROVED; PURCHASING TO BRING BACK A REPORT AT A FUTURE BCC MEETING CHAIRMAN HENNING: We are going to public petition request by Philip Penzo to discuss the county purchasing policy, and that is the same item on 9E, that the Board of County Commissioners accept the findings of the Productivity Committee regarding office furniture procurement and request the liaison, Commissioner Donna Fiala, to deliver the comments, the committee's findings. And we'll go ladies first, if you don't mind. MR. PENZO: No. COMMISSIONER FIALA: Well, would you first like Phil to present his thing and then I'll go into that so that we handle -- what is that -- CHAIRMAN HENNING: What do you prefer? It's your item. COMMISSIONER FIALA: I'd like him to start, and then I'll take up where he leaves off, I guess. CHAIRMAN HENNING: Mr. Penzo, you have 10 minutes. MR. PENZO: Thank you. For the record -- COMMISSIONER HALAS: I have one question. Has there been any other information that's been presented or is out there for the commissioners other than the report that came out of the Productivity Committee, signed by the chair Larry Batos? CHAIRMAN HENNING: Who are you asking the question to? COMMISSIONER HALAS: Both you and Commissioner Fiala. Page 47 July 22, 2008 I'm trying to get an understanding where we're going with this. CHAIRMAN HENNING: Commissioner, we asked the Productivity Committee to take a look at this. COMMISSIONER HALAS: Exactly, and I've got a report -- CHAIRMAN HENNING: May I finish? I'm going to try to answer your question. COMMISSIONER HALAS: Okay-- CHAIRMAN HENNING: We asked the Productivity to go out there and take a look at the practices of purchasing office furniture. They have. They wrote a report. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Now the board either has to accept its report or not accept it. COMMISSIONER HALAS: Now I'm just asking ifthere's any other additional information that I may not have gotten in regards to whether we're going to accept or not accept. This is -- the two pages that I got is what was given to the commissioners; is that correct? COMMISSIONER FIALA: Yes. CHAIRMAN HENNING: Signed by Larry Batos, yes. COMMISSIONER HALAS: Okay. Thank you. COMMISSIONER FIALA: And if you'd like me -- I was going to say whatever I have to say after Mr. Penzo but, you know, this page and a half that Larry Batos wrote -- and that -- and it's a really good report. We, however, spoke of it for a good half hour, I would guess, and it's hard to cover a half hour's conversation in just a page and a half. And one of the things that he -- that we hit upon at that meeting -- and -- but I don't remember seeing it in this report, and maybe I'm mistaken -- and that was that the original purchasing agreement was signed somewhere in the '90s and it still stands. And the Productivity brought out the fact that without it coming back and actually having any bidding process, that there's no incentive Page 48 July 22, 2008 for either company. They're the only two that get to sell this furniture. They don't even have to bid on anything. They just say, I'll take 10 chairs, and then they send over the 10 chairs. Nobody says, how much are they or can we get a better price from brand B, or they've . never opened it up to any other company again. They just buy from these two. And the Productivity Committee brought up the fact that maybe -- maybe there should be some expansion into who all gets to bid and there should be a bidding process so that we can keep the prices lower for the taxpayers of our community. And I -- and so you ask ifthere was something additional. That was additional. CHAIRMAN HENNING: Commissioner, in fact, I was in my office doing work and having meetings, and that's what I heard, too, and I didn't see that in the report. COMMISSIONER FIALA: Right. CHAIRMAN HENNING: That they recommended that this does go out to bid. COMMISSIONER FIALA: Yes, they did. CHAIRMAN HENNING: And -- because of the length of time that it's been going through the process. And I think that's an excellent idea to resolve this issue. COMMISSIONER FIALA: I do, too. And I don't see why -- we want competitive bidding on everything else. CHAIRMAN HENNING: Yeah, this was a state contract. It wasn't a competitive bid. And it was competitive bid through the state but not the county. COMMISSIONER FIALA: Yeah. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Well, I'll reserve my comments until I hear what the gentleman has to say. And I just want to make some statements on the record here in regards to what I've received from Mr. Larry Batos. Okay. Thank you. Page 49 July 22, 2008 CHAIRMAN HENNING: Do you have something additional that the other commissioners don't have? COMMISSIONER HALAS: No, I don't think so. If they've got this information and this is the same information that all of us -- CHAIRMAN HENNING: Well, I'm going to make a motion that we direct the county manager to take the office furniture bid -- or purchasing out to bid, send it out to bid, and further direct that the different categories we need is, you know, the Cadillac furniture and the Chevy furniture. And for a lack of words -- those are my words, and also we want to know what it's going to cost to design a room and also deliver and set up that room. COMMISSIONER FIALA: I second your motion. CHAIRMAN HENNING: Okay. COMMISSIONER COLETTA: Commissioner Henning, I feel a little uncomfortable getting to the point where we may be taking a vote on something when we haven't heard from everyone. I take it that you're going to let the whole proceedings just go forward? CHAIRMAN HENNING: Yes. COMMISSIONER COLETTA: And that we'll react at the end. Okay, fine. Thank you. MR. PENZO: Philip Penzo, president of Marco Office Supply. Thank you, Chairman, Commissioners, for hearing me. In 1986, Collier County formed a committee to decide what furniture would be best for the county. It's no surprise that the committee recommended to the county to buy from one of the three largest manufacturers at the time. Well, I think we all agree a lot has changed in the workplace in the past 22 years. How many of us still have a typewriter on our desk? By limiting a number of vendors to yourself, to the products -- you limit yourself to the products those vendors offer. Every furniture vendor has unique products. Page 50 July 22, 2008 Well, a lot has changed with the manufacturers, too. That's why I'm here. My company is a local HON showcase dealer. HON is the second largest manufacturer of office furniture in the world. It is worth mentioning that the number one selling laminate desk file cabinet and task chair are manufactured by HON, a US. company. HON has also one of the best life-time warranties in the industry. Each year Collier County spends over a million dollars on office furniture, and right now none of that business is being bid out. The county is giving half its business to one vendor and half to the other. The two vendors aren't even competing against each other. Recently I took a call at my office from an employee of the elections office. They were calling to get a quote for 100 extension cords. After I helped them on the phone, I thought to myself, how backwards is that, is one department's getting three quotes for 100 extension cords, but last month the county spent almost half a million dollars furnishing the new sheriffs special ops building and never got a second quote. That bill for furniture had a $79,000 delivery charge on it. What motivation does a vendor have to give the county a competitive price ifhe knows no one else is quoting the job? That's why I'm here today, to ask that this board make it necessary -- make the necessary changes to the current purchasing policy to open up all furniture purchases for competitive bidding. It's common knowledge that when businesses compete, the customers win. John F. Kennedy said it best when he said, a mistake doesn't become a problem until we fail to correct it. A few of the advantages to competitive bidding: New products and manufacturers are brought to light; vendors have to sharpen their pencils since they don't know what someone else is bidding; when more than one vendor looks at a job, they may see a better way of filling the needs; competition breeds creativity; any questionable products or pricing would come out during the bidding process, not Page 51 July 22, 2008 after the purchase is made. A local vendor ordinance was passed, but what good is it if millions of dollars of purchases are excluded from that? Bidding given everyone a chance to earn the business, and the county ends up the winner. At a time when we are looking to do more with less, I guarantee you that bidding out your furniture purchases will save the county money, even if the current vendors were to win that bid. Thank you. CHAIRMAN HENNING: I have a question, but I want to let my colleagues go first on their questioning. Commissioner Coletta, do you have anything? COMMISSIONER COLETTA: Well, not of the person before us right now, the petitioner, but I do have questions of staff. Is this the appropriate time, or do you want to wait? CHAIRMAN HENNING: Sure. Please, go ahead. COMMISSIONER COLETTA: Yes. Purchasing, whoever. Here we are still with the same old thing where we're dealing with many different complex issues here. Please, I need your help on this. Now, we know -- we understand what the state contract is. Supposedly it's lowest possible bid that can be out there for any particular item that we, along with any municipality, county government along with any municipality, can piggyback in on that to be able to pick up the advantage of that price. Once again, for my benefit, to refresh my memory, why is it that we're dealing mainly with two vendors when it comes to office furniture? MR. CARNELL: Okay. For the record, Steve Carnell, purchasing director. The standard that was adopted by Collier County in 1986 was originally at the recommendation of a design firm and then was modified in 1991 to include two firms. And the reason we do it is Page 52 ^~---,. July 22, 2008 because Systems Furniture, which is furniture that incorporates electrical, storage, and all kinds of various components, it saves you a tremendous amount of space physically when you're erecting a building and designing a building, but it -- in order to buy it, you have to -- in order to maximize the usage of it and in order to maximize the continued usage of it, as you move people, as you change buildings, the products do not connect to one another. They don't -- they don't talk to each other, and there are additional costs when you have competing products side by side in a building. And we're actually -- well, let me stay with that train of thought for a moment. So that's a very important issue in terms of standardization and consistency. Particularly when you want to change something in a building, reconfigure and change the furniture, you can't just simply mix a Herman Miller with a Steelcase or a HON. You pretty much have to stay in that Steelcase environment, or you have to spend additional money creating separate electrical connections and systems, and also esthetically you end up with products side by side that don't blend well together necessarily. That was part of the auspices originally. The second part of this is that when you talk about going to bid -- remember what bidding is? If you're going to have a competitive level playing field, you have to come up with a design for the installation of the furniture you're buying. Now --let me clarify that. Most purchases are that way. Sometimes you're just buying product. You just want five chairs. In this case, you still have to come up with a standard for the chairs. And in the case of what has been -- what we tried to do in 1986 going forward was, at that time the county was growing, expanding. We knew we were going to be spending considerable amount of money over time on Systems Furniture. We knew that Systems Furniture was going to save us money over buying stand-alone furniture. Page 53 July 22, 2008 In fact, part of the analysis in 1986 was that you save so much money on the space reduction in Systems Furniture that if somebody wanted to sell you free-standing furniture separately, they'd have to give you the furniture to break even when you compared it to the additional construction cost of having to make your buildings bigger if you didn't use Systems. CHAIRMAN HENNING: Did we get your question -- your question answered? MR. CARNELL: And that's the origins of it, Commissioner. COMMISSIONER COLETTA: Just one other thing to simplify matters, if you would, please. The difference between furniture. Is there a great difference? MR. CARNELL: You mean among the different Systems manufacturers? COMMISSIONER COLETTA: Yes. MR. CARNELL: At the time in 1986, yes. The consultant recommended three product lines that they said were the most comprehensive that would meet our needs. Steelcase, Herman Miller, and Haworth. And, again, we ended up using a -- bidding out and awarding to Steel case, and then three years later bidding it again and awarding to Herman Miller, and we used those two -- we actually picked them through the competitive bid process, and then standardized once the state contract was in place in the middle 1990s using those two consistently. COMMISSIONER COLETTA: Twenty-two years ago, 1986. Has anything changed since then? MR. CARNELL: Yes. Let's talk about that because I think we need to clarify what the Productivity Committee said. CHAIRMAN HENNING: No. You're not -- your questions are very short, and I hope that we get a direct answer. MR. CARNELL: We're prepared to look at the changes. If you look at the Productivity Committee's recommendations, there are four. Page 54 July 22, 2008 One of them said to go back and look at the market again. Exactly the point you're making. Revisit the market. We're willing to do that. The other points that were in the Productivity Committee report -- and by the way, the Productivity Committee had said that they -- there's downsides to bidding. It's right in the Productivity Committee report. And they make comment on that. And they even say, they recognize the downside or focus of a few brands is that it may generate resentment among local merchants who are not franchised to sell the equipment specified and that vigilance is required to assure the county obtains all the discounts and services that it should; however, these risks are manageable and are outweighed by the benefits of the policy. Now what we -- what the Productivity Committee suggested we do was look at the market again, and they also suggested that we're getting the lowest price we possibly can in all instances under the current agreements. Now, to my knowledge, unless somebody shows me otherwise, the federal GSA contract, the State of Florida contract, mirrors it, that is the best price you can get for the products we're buying. Now, there's still a question about, can we do better on pricing the installation, and which you were getting at, Mr. Chairman, earlier about design services. Can we do better in those areas? We may be able to do better in those areas; however, if we -- when you say bid, you want us to bid Systems Furniture, do you want us to bid just one project or do you want us to bid all of our orders? If you bid just one, you're going to have less leverage in terms of what you can get in the way of concessions or negotiations on the services part of it. You also need to have people who are certified to install that particular product line. You don't want just any day labor outfit coming in and doing the work, so -- but that's something we definitely want to look at. In addition to that, it also suggested that we look at what they call Page 55 July 22, 2008 hoteling office work stations which is where you have multiple shifts of people using a work station. There are differences in warranty and support among the manufacturers of how you do that, but it's a good idea. We're actually planning to do that with the sheriffs special ops building. There is going to be multiple shifts using the furniture there, and it's going to be warranted for all three shifts. The last piece of recommendation that they had was that they suggested we get a committee of staff together to review how we're making purchases because there is a -- one of the things that has come clear to me in reviewing all of this is that there is a difference among users in terms of what their expectations are and how they utilize the furniture, and we come up with some inconsistencies in terms of how ordering is occurring, and we need to have better and more clearly defined standards on what a department might use or order, and so we want to pursue that as well. COMMISSIONER COLETTA: I could support the Productivity's recommendations. Thank you. MR. CARNELL: Yeah. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yeah. I guess my confusion comes because we hear bids all the time up here, and sometimes we don't -- the -- whatever department it is doesn't really want to use that company because the experience isn't so great, but we have to because it's the low bid. It's not that we think it's the best one. At times we've even been burned by it. But no matter what we do, we have to go out to bid for everything, and it seems so odd that everything else around the county has to go out to bid and here's one section that doesn't ever have to go out to bid. It's based on contracts that were written 22 years ago. And so we just say, we'll take this or this. And it just doesn't seem to be fair. I guess that's where I'm coming from. When we always have to do it one way and all of a sudden in here we don't have to do it that way. You see my confusion? Page 56 July 22, 2008 MR. CARNELL: Well, there is a difference. There is a difference in terms of how these purchases are made. It's a little bit like using the design-build method in construction where you put your architect and your general contractor together, which we do on occasion to build stuff and design it around here, in that you don't start out knowing exactly what you need. Someone has to spec out, if you will, specify or layout a floor plan for what you're buying, and that costs time and money. If we're going to bid this, we may very well have to pay somebody to design all of our floor plans. We're not paying for that now necessarily in each case. We pay in certain instances. But now we're going to be paying for somebody to write a spec so that everybody can bid on it. COMMISSIONER FIALA: Okay. Now let me just ask you then. Is there any other thing that we purchase that we don't bid out? MR. CARNELL: We have other items that get bought on the state contract, and they've been through public competition at the state level. COMMISSIONER FIALA: Can you name something, just so I'm -- MR. CARNELL: Computer supplies. COMMISSIONER FIALA: Pardon me? MR. CARNELL: Computers supplies, computers themselves, PCs. COMMISSIONER FIALA: Okay. So we're still talking office equipment. MR. CARNELL: Now some of those get -- we do bid them from our -- we get quotes from time to time, but frequently we buy them through the state contract without competition. COMMISSIONER FIALA: But we do get quotes on those so we get the better price. MR. CARNELL: In some cases we do. In some cases we go Page 57 >---~_._~t - July 22, 2008 through the state contract. COMMISSIONER FIALA: Okay. And how often do we use warranties to fix our furniture? MR. CARNELL: We very rarely have to invoke them because of the relationships we've had. It's all taken care of. COMMISSIONER FIALA: I didn't think that was a problem. Okay. CHAIRMAN HENNING: I have a question. Where did the furniture come from for the special ops? MR. CARNELL: Who provided it? Who sold it to us? CHAIRMAN HENNING: Right. MR. CARNELL: That would be Herman Miller. CHAIRMAN HENNING: Out of where? MR. CARNELL: Out of Fort Myers. CHAIRMAN HENNING: Okay. What about the special operations, or the EOC building; where's that? MR. CARNELL: Right now that has not been ordered, but we've been talking to Office Furniture and Design. CHAIRMAN HENNING: I seen one invoice from De Land, Florida. MR. CARNELL: For that project, sir? CHAIRMAN HENNING: I don't know. MR. CARNELL: It doesn't ring a bill just based on the name of the city. CHAIRMAN HENNING: It just seems odd that we have to go so far away from (sic) furniture on a contract that is 20 years old. You would think that you would want to check up and make sure that we're getting the best price. And -- well, County Manager, you disagree with me? That's-- MR. MUDD: You keep talking about a contract that's 20 years old. And I don't -- maybe 20 years old as far as the spec is concerned, but the state contract gets updated -- Page 58 July 22, 2008 MR. CARNELL: It's two years. MR. MUDD: It's only two years old. So just for the record, I want to make sure that the state contract is two years -- CHAIRMAN HENNING: But we haven't gone through a process in how long? MR. MUDD: Well-- MR. CARNELL: We haven't bid it ourselves since 1991, but we have leverage pricing through the State of Florida, by federal law is the best price you can get for the product. The product is the bulk of the dollar. But the problem is, within that product that we're buying, you have labor that we don't know if we're getting the best price and you have somebody going in and saying, you need a desk here, you need a credenza here. And by the way, I got mix-matched furniture in my office right now. COMMISSIONER FIALA: So do 1. CHAIRMAN HENNING: I mean, I'm sitting on a no-name chair. And you know what? I don't -- it doesn't bother me at all, but I feel that what we're purchasing is Cadillac equipment, and at this time it's embarrassing to do that when you're laying off employees, to buy such expensive furniture. And I don't feel comfortable on continuing that kind of practice. MR. CARNELL: And, you know, Mr. Chairman, just so the board understands, I'm not here to argue with you. The Productivity Committee didn't say don't bid it. They said, go back and revisit the market. And Mr. Camp and I have been talking about the bidding process. There are -- what I want to do is -- I don't want the board just to blindly send us off without thinking through some logistical issues that potentially are going to cost the county money. What I'd like to do is come back to you with a plan of what we propose to do. We're not -- let's understand what happened here. We got a Page 59 July 22, 2008 presentation to us from a vendor on May the 27th with no prior staff review of the information. It was a series of invoices and claims made about invoices. We answered that. That was the Productivity Committee discussion per the board direction. That was no -- the focus of it was on the past, if you will, and some on the present. But, yes, the Productivity Committee asked very good questions that spilled over into the future, and the Productivity Committee made recommendations that pertain to the future. But they put it back to the staff and said, come up with a plan, if you will, to address these items, which we're very willing to do. We think this is a good time to reevaluate this, particularly because we're actually doing some -- we're taking some steps to economize how we spend money on furniture in general, and we've got to think through the implications of that, particularly if you introduce more vendors to -- CHAIRMAN HENNING: When are you coming back to us? MR. CARNELL: I can have a report to you by the beginning of September. CHAIRMAN HENNING: So that will be in a public meeting. MR. CARNELL: I could do it by memo or public meeting. CHAIRMAN HENNING: Public meeting. I prefer to do this out in a public meeting. Commissioner Fiala -- or Halas. COMMISSIONER HALAS: Yes. I believe that most of this stuff was discussed when the Productivity Committee addressed this whole issue; am I correct? MR. CARNELL: Yes. COMMISSIONER HALAS: What we're talking about right now? MR. CARNELL: Yes, sir. COMMISSIONER HALAS: Okay. Let me put on record here. The committee members reviewed a great amount of written material at our June 18th meeting, spent nearly two hours hearing remarks from Page 60 July 22, 2008 the interested parties and discussing the issues. In short, we concluded that the county has a sound approach to planning and acquiring office furniture. It is consistent with the widely established practices of government and business. There is no evidence of malfeasance by staff or suppliers nor is there evidence of gross waste of county funds. The Productivity Committee sees no purpose to study the vendor protest further. CHAIRMAN HENNING: That's-- COMMISSIONER HALAS: Let -- I'm not done. Excuse me. CHAIRMAN HENNING: That's in our agenda packet. Everybody can read that. COMMISSIONER HALAS: Okay. It is also -- it is always possible to buy cheaper office furniture, but price is only one factor. Furniture should be ergonomically sound. It may affect employees' health and productivity. An estimated 85 percent of the population will experience low-back pain in their lifetime. Higher-quality furniture often comes with longer-term and broader warranties than brands sold primarily on price. CHAIRMAN HENNING: But that's in our agenda packet. It's already on the public record. Commissioner -- I'm sorry. Commissioner Coletta? COMMISSIONER COLETTA: I understand where Commissioner Halas is coming, you know. We're dealing with many entities out there, and reading that was proper. There's one thing. I think we all agree on one thing. We're out to save money, right? We want to make sure that we provide for the taxpayers the greatest benefit we can for the dollar that they pay. Maybe we ought to think a little bit differently. Maybe we ought to put a freeze on purchase of any future furniture. We can have a, what, 12 percent drop in employment. How many people have we laid off, percentage-wise; how many are we down? MR. MUDD: We're down 320 last count. Page 61 -".~~'"- July 22, 2008 COMMISSIONER COLETTA: What's the percentage? MR. MUDD: We're down over 23 percent, sir. COMMISSIONER COLETTA: Forgive me. Why are we purchasing anything out there? Let's canalize (sic) what's out there, try to consolidate it where we need it, and just put a freeze on the whole thing. That's how you save money. You don't just keep buying stuff and putting it out there. What we have is mismatched furniture in our office, but it's all quality stuff. It came from different other places within the county. I have no problem with what I got, but why do we need more? Also, too, one of the suggestions by the Productivity Committee was to control future office furniture investments, evaluate the potential for savings by hoteling, in other words, like we talked about the sheriffs department, having employees come in on shifts, and controlling expansion -- controlled expansion of the work-at-home programs. Let's look at that direction and let's put a freeze on anything that isn't already ordered and just start picking up the material from that 23 percent of the people we have laid off. Why are we spending another nickel on this? Back to you. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Well, I was going to -- I was going to say, I'm hoping that we do, from here on in, bid these things out, just because, for the perception, if nothing else, because I think our people do nothing wrong. I think your intentions are good. There's no malfeasance or anything going on, and we all know that. I mean, there's nothing subversive. But we've been in the practice of doing things one way, and so maybe we ought to adjust that a little bit. And one of the things the county commission has said is, we prefer you to buy locally. If you Page 62 July 22, 2008 can buy locally at a better price, then we'd prefer you to do that, and I think that that ought to be one of our practices as well. So that's all I'd like to say. I think that's only fair. And I'm just coming from a fair standpoint. I realize we new have buildings coming on board, and we might not have enough furniture to distribute because some of the stuff is old and broken and stuff. And if we have to buy, I would prefer to see you bid locally and get the best price. CHAIRMAN HENNING: You know, I'm okay waiting another meeting until Mr. Carnell comes back and gives his recommendations on that instead of -- COMMISSIONER FIALA: Okay. CHAIRMAN HENNING: -- the motion on the floor. So not to offend anybody, I want to remove it and let's go through this process. I think Commissioner Coletta made some very good suggestions. COMMISSIONER COLETTA: If you'd include that in your motion, I could support it. CHAIRMAN HENNING: Well, what I want to do is accept the Planning -- or the Productivity Committee's recommendations, but I'm only one. Commissioner Halas? COMMISSIONER HALAS: I would like to make a motion to accept the Productivity Commission's (sic) report. CHAIRMAN HENNING: I'll second the motion to accept the Productivity Committee's report. And then ifthere's any further direction after the vote, I think that would be apropos. Any discussion on the motion? All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? Page 63 July 22, 2008 (No response.) CHAIRMAN HENNING: Is there any other direction by the Board of Commissioners on the furniture? COMMISSIONER COLETTA: Yeah. Commissioner Henning, I really would like to have, when they come back with a report, and to be able to give us some idea of how it is 22 years later from the first time this thing was looked at, that we include what I just brought up as far as looking at the idea to reuse that 23 percent of the employees' furniture that should be out there to try to fill the void for some time to come and to also look at what we can do to try to alleviate our workforce with hoteling and also with work at home when possible. CHAIRMAN HENNING: I support your direction. COMMISSIONER COLETTA: Thank you. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: The other thing I'd like to have either you or representatives of the industry explain to us, why all furnitures don't fit together, compatibility, and I think that's a big issue, and I think that's where we should really be directing in regards to the compatibility of trying to mix -- intermix furniture. Maybe I'm off base. MR. CARNELL: No, I understand what you're saying. CHAIRMAN HENNING: That's called an eclectic look, right? MR. CARNELL: Wow, that's a big word for Tuesday morning, yeah. CHAIRMAN HENNING: Pardon me? MR. CARNELL: That's a big word for Tuesday morning, eclectic. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: And while we're doing that, yes, maybe all furniture doesn't fit together in one office, but we have different office structures and different rooms and everything, those change -- Page 64 July 22, 2008 MR. CARNELL: Oh, we're going to address that, ma'am. COMMISSIONER FIALA: -- as well as different buildings, so I want you to address that. And I also want you to address, while you're coming back to us with a report, about bidding and including local people in that bidding. MR. CARNELL: Okay. CHAIRMAN HENNING: So we're incorporating all the comments and recommendations for -- to come back in a future meeting; is that correct, Commissioner Halas? COMMISSIONER HALAS: I believe that's what (sic) we're gomg. COMMISSIONER COLETTA: Correct. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. CHAIRMAN HENNING: Thank you. MR. CARNELL: Thank you. CHAIRMAN HENNING: Now we go to our time certain? MR. MUDD: Yes, sir. We have two time certain items for 11 :00 a.m., and the reason I kind of combined them for 11 :00 a.m. is there's stuff in "I" that you have to declare but there's stuff in "J" where you're going to use monies that are set aside for an emergency that you would expend based on that declaration. Item #101 RESOLUTION 2008-222: BCC DECLARED AN ECONOMIC EMERGENCY SITUATION AND APPROVED EXPENDITURE OF TOURIST DEVELOPMENT TAX EMERGENCY ADVERTISING FUNDS FOR INTERNATIONAL AND DOMESTIC MARKET PROMOTION IN FY 08 TOTALING $476,300 AND IN FY 09 IN THE AMOUNT OF $738,650- MOTION TO EXPEND FUNDS AS PRESENTED BY STAFF Page 65 ... .,,----,.... - July 22, 2008 W/CHANGE (IN THE THIRD WHEREAS) - ADOPTED MR. MUDD: So let's start out. It's 101 and 10J for 11 :00 a.m. It's to request and recommend -- and this is 101 -- to recommend the BCC declare an economic emergency situation and approve expenditure of tourist development tax emergency advertising funds for international and domestic market promotion in FY-'08 totaling $476,300, and in FY-'09, in the amount of$738,650. 10J, which is -- it's got pieces that tie into each other -- is to recommend approval of change order number 1 in the amount of $700,000 on contract 06-4007 with Paradise Advertising and Marketing, Inc., for additional billing over $2 million. Both items will be presented by Mr. Jack Wert. And what I'm going to ask Jack to do is to make sure that you understand how much money you're dedicating to which effort, and you also need to declare that emergency, economic emergency in order to make that stuff work. COMMISSIONER FIALA: Do you think we have enough reading here, folks, huh? MR. MUDD: Mr. Wert? COMMISSIONER FIALA: There's three of these books? COMMISSIONER COLETTA: There's four books like that. MR. WERT: Thank you, Mr. Mudd. Commissioners, thank you for the opportunity to spend a few . minutes with you and talk about what I think is a very exciting opportunity for Collier County. If! might, just let me go through a few slides that I think will set up the overall premise that we are discussing. First of all, just -- let's just look at the overall situation. I think we all know and we've certainly read and seen and probably felt that the economy is certainly lagging in the US. and Florida certainly, Southwest Florida, and even here in Collier County. The word I think Page 66 July 22, 2008 is distress that we certainly have some unusual pressures right now, and so do our citizens and our business community. The residential real estate market is certainly in decline and has been for some time here. It seems to be leveling out some, and certainly the future looks like it may improve soon, and the residential construction business as we know has been extremely slow here in Collier County. What really concerns me is what's happening in unemployment. And when we get back to 5 percent, that's about where it was when I came here five-and-a-halfyears ago, and we certainly had an issue then where a lot of people were being laid off in the summer months and we really have a high season and almost a no season as the rest of the year went on. So we certainly see if we've got a slur in fall -- summer and fall, that we may have additional layoffs in the community. That -- the bright spot has been -- and we've seen this for several months now. The tourism industry has done much better than the overall economy seems to have been doing. Visitation is up, and I'll show you a couple slides here in a moment that shows that we've really had some increases. And what that means is, more spending by people who don't live here in the community in our businesses, in our restaurants, in our shops and so forth, and certainly staying in our hotels. International visitation has really been an important part of that and, in fact, has been the leading growth indicator that we've seen since last October in our tourism visitation. The primary feeder markets for Collier County have been the UK, Germany, and Canada. And, of course, the very favorable exchange rates that we currently are enjoying here in the US. The euro buys a dollar and a half here. And when we look at the British pound, they get $2 for every British pound. And even the Canadian dollar is now at par and hasn't been for literally decades. So some Page 67 July 22, 2008 really favorable situations we have right now. I've shown you this slide before, but I think it's important just to see where our international visitors are coming from. We can see that about 50 percent of the visitation is from the UK, but central Europe, which includes Germany and that Benelux region is certainly a close second at 35 percent. The important fact on that slide is over in the far right-hand column. The expenditures by our international visitors are much higher than our domestic visitors, and so it is important for us to continue to attract those international visitors. But let's not forget the domestic, because that is certainly our bread and butter and always has been here in the summer months. Sixty percent of our low season visitation comes from the southeast part of Florida, Palm Beach to Miami. So it's important that we think about those folks. And a two-hour drive to them is a one-tank vacation. So really whatever gas prices are, it's not as much an effect on those people as it might be people coming in from out of state. And what's really happening right now is so many of those people are making last-minute decisions. They're maybe seeing one of our television spots tonight or tomorrow and making a decision to actually come here this weekend. It happens that quickly for domestic visitors. Number of visitors has been on the increase. You can see the numbers since January of this year, and overall we're up about 3 percent over a year ago. That's good news. But here's an interesting one, average daily room rate in our accommodations. We've seen over the last two years, every month increases, usually double digit increases. Look what's happened in April and May. This is really a precursor of what might -- we might be facing. Hotel rates will be one of the very first things that you'll see start to drop as people have less confidence in the economy, that they're seeing less advance reservations and so forth. Page 68 July 22, 2008 So we've seen a definite decline in average daily room rate. We were kind of expecting that, but not to the level that we're seeing it. Where do our visitors come from? Well, you can see by this slide that the big increases that we've seen since January are in Canada and in Europe. Some huge increases there that have really offset some other domestic decreases based on the uncertainty of the economy. The impacts of tourism -- and this is really what this is all about. Economic impact to our community from visitors is so important because it really is -- in a time of uncertainty like this, a lot of those expenditures from out-of-town folks are really replacing some of the expenditures that our own residents might have been doing. We've heard for months that restaurants are not seeing the levels of traffic that they have in the past. A lot of that, our research is showing, is that the residents aren't, in fact, going out to eat in the numbers they were. Commissioner Halas, you had a question? COMMISSIONER HALAS: I think you got a great presentation, and I make a motion to approve this. COMMISSIONER COLETTA: Second. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Okay. We need to identify where you're putting the funding sources. MR. WERT: Okay. Let me go to that slide quickly so that we can make sure that the -- our motion is correct. What we want to do, this -- the balance of this fiscal year and into 2009 is to, first of all, move our international representation which is currently a part-time basis -- we have a rep in the UK, we have a rep in Germany, but they only represent us partially. We want to move that to full time to get their full attention because of the importance of the international market. We want to establish some international websites. We're all familiar with the paradisecoast.com website and how successful it's Page 69 July 22, 2008 been, but we need mini versions of that site in various languages, in French, in German, in the king's English and so forth so that people are looking at a web site that they're familiar with that has the right suffix on it. International in-country research. We want to know as much about our international visitors as we do about our domestic, and we've done a good job understanding that. We want to do some in-country, especially in the UK and Germany, to know more about it. So we want to put some money toward that. New advertising in the UK, Germany, and for the very first time, in Canada. We really haven't done anything in Canada, but you saw those numbers, how impressive the visitation from Canada is. We think especially from the Toronto area we can get some good business. International public relations assistance. This is going to be very important to us because as I've told you before, if I can get an article written by a journalist in Germany, for instance, about the destination, that's worth a whole lot more and is much more credible than an ad that I might run there. So we want to increase our public relations assistance, which will, first of all, be a little bit of an expansion of the workload that our outsourced firm, BCF, is doing for us, especially in Canada they're going to be able to help us. And then we would like to upgrade a part-time public relations assistant position that we have to full time. Currently she's at 30 hours. We'd like to take her to 40 hours. She happens to be a Brit as well, so we really think she's going to have a wonderful opportunity to interface with that British media. And then finally, some additional in-state advertising primarily in that two- to four-hour time driving distances where we know people will come here during the off season. That's -- you have this chart in front of you, and I think that Page 70 July 22, 2008 shows where we want to spend the money. I won't go through this, the unique opportunity that I think it is. I think we've got an interesting alignment of the stars. I think now is the time to really spend these dollars and take full advantage of the opportunity for the international visitors to know more about us and make the idea set with them and they choose us. A lot of community support, and all of the -- the Tourist Development Council voted unanimously to support. The hotels and resorts are solidly behind it. The business community certainly is, and we have several people in the audience who would certainly attest to that. So the recommendation is, first of all, to declare an economic emergency and to approve an emergency resolution. And, if you would, Mr. Chairman, we do need -- I did find -- or the county attorney found a typo in that resolution, the emergency resolution that I need to read into the record to be sure it's correct -- but approve that, which would release those emergency advertising funds for us to use up to 500,000 this fiscal year for the balance, and then up to 800,000 in FY-'09, and to upgrade that one existing part-time position to full time to assist us in the public relations primarily in the international market. CHAIRMAN HENNING: So the motion is to approve the recommendation -- or the resolution, and we have a correction on the resolution. MR. WERT: Yes. In the third whereas, it reads, whereas the Board of County Commissioners desires to authorize staff to use up to -- it says 700,000 annually. That should be 800,000, and we change that before it goes through. It is correct in the now therefore section, but we wanted to correct it there. Other than that, that's it. CHAIRMAN HENNING: And part of your motion, Commissioner Halas, is to expend those monies as presented by our Page 71 July 22, 2008 staff? COMMISSIONER HALAS: As presented by staff and also as presented by the Tourist Development Council. CHAIRMAN HENNING: Does the second agree with that? COMMISSIONER FIALA: Yes. CHAIRMAN HENNING: Okay. We have two public speakers. I believe both of them are TDC members. And please call up the speakers. MS. FILSON: Clark Hill. He'll be followed by Steve Hart. MR. HILL: Good morning, Commissioners. I'm Clark Hill. I'm on the Tourist Development Council, and I'm general manager of the Hilton Naples. Thanks for hearing me. I'm speaking in support of the resolution to declare release of the emergency funds to expend the monies as described by Mr. Wert earlier in an effort to capitalize on what's an ideal situation, especially in Europe, for travel to Collier County. Thank you. MS. FILSON: Your final speaker-- CHAIRMAN HENNING: Mr. Hart? MS. FILSON: -- will be Steve Hart. MR. HART: Thank you very much, Mr. Chairman, Commissioners. My name is Steve Hart, senior vice-president, Greater Naples Chamber of Commerce. Thank you very much. We're always grateful for what you do and the leadership you show. Thanks. CHAIRMAN HENNING: And I think we need to thank Rick Medwith from the Marco Island Resort. He's the one that really got the TDC, the council, moving on this idea, and everybody was in sync and in agreement. Commissioner Coletta? COMMISSIONER COLETTA: Yeah. I think we also need to recognize your efforts as the -- as sitting on that council and what you Page 72 July 22, 2008 have done in the fact that you moved this forward, and we thank you for that. CHAIRMAN HENNING: Thank you. COMMISSIONER FIALA: Just one comment. CHAIRMAN HENNING: Yes, please. COMMISSIONER FIALA: I wanted to also comment, but I didn't realize it was Rick that came up with the idea. But I'm so glad that you identified the need and immediately jumped on to filling that need. And I would like to offer my services in the UK and in Germany for the next month in case -- MR. WERT: I'll make a note of that, Commissioner. Thank you. COMMISSIONER COLETTA: Commissioner Fiala can use the county car to get there. CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. MR. WERT: Thank you, Commissioners, very much. CHAIRMAN HENNING: Now we need to go to the next item. MR. MUDD: Don't go, Jack. 1OJ. MR. WERT: 1 OJ. Item #10J CHANGE ORDER #1 IN THE AMOUNT OF $700,000 ON CONTRACT 06-4007 WITH PARADISE ADVERTISING & MARKETING, INC. FOR ADDITIONAL BILLING OVER Page 73 July 22, 2008 $2.000.000. - APPROVED W /CLARIFICA TION MR. MUDD: And this is to recommend approve (sic) ofa change order number one in the amount of $700,000 on contract 06-4007 for Paradise Advertising and Marketing, Inc., for additional billing over $2 million. COMMISSIONER FIALA: Motion to approve. COMMISSIONER COLETTA: Second. CHAIRMAN HENNING: Motion by Commissioner Fiala, second by Commissioner Coletta. All in favor of the motion -- MR. MUDD: Commissioner, before you go, I want to make sure -- this is the part that could cause Mr. Wert some issues. If you look at the approval recommendation, it says that he can spend the $500,000 if needed, okay. You need to pin down what if needed is, okay, or Mr. Wert's going to get stuck into, when the hurricane comes, or is it to help offset the economic emergency that you just declared under 101? And that's where we need to get some clarification for Mr. Wert's benefit. MR. WERT: And I will tell you, Commissioners, that the 500,000 is for an emergency situation, and you're declaring an emergency if you approve the resolution. That money could be used for the economic emergency, it could also be used -- if we do have a hurricane, I will switch courses immediately and go into our mode of, is it a near miss, do we have -- it's getting out the correct information about our status after a storm incident. So it could be either, and that's kind of the way that we've laid out the expenditures that -- we can switch because this is not all media advertising. This is stuff that we can stop if we need to and change and do media advertising to mitigate some issues related to a storm. COMMISSIONER FIALA: And you'll already have the machinery going. I was thinking about that. If we had a hurricane, Page 74 July 22, 2008 you've already got the process going. MR. WERT: Got it ready to go. COMMISSIONER FIALA: You don't even have to start up, so MR. WERT: It's on the shelf ready to go, and we don't have to come back to you for another resolution. COMMISSIONER FIALA: Okay. So my motion stands. COMMISSIONER HALAS: With that included? CHAIRMAN HENNING: Pardon me? COMMISSIONER HALAS: I said, with that included, what was just discussed? COMMISSIONER FIALA: Yes, with that included. CHAIRMAN HENNING: Is that included into the second, Commissioner Coletta? COMMISSIONER COLETTA: That's correct. CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. I think we're all excited with what just happened. MR. WERT: Thank you so much for your support, Commissioners. Item #9A RESOLUTION 2008-223: APPOINTMENT OF REV. JEAN PAUL TO THE IMMOKALEE MASTER PLAN AND VISIONING Page 75 July 22, 2008 COMMITTEE - ADOPTED MR. MUDD: Commissioner, this brings us to 9. 9A is appointment of a member to the Immokalee Master Plan and Visioning Committee. COMMISSIONER COLETTA: I'd like to make a recommendation that we appoint Jean Paul. COMMISSI0,NER FIALA: Second. CHAIRMAN HENNING: Motion to appoint Jean Paul by Commissioner Coletta, second by Commissioner Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #9B APPOINTMENT OF MEMBER TO THE PELICAN BAY SERVICES DIVISION BOARD - MOTION TO CONTINUE ITEM TO - APPROVED MR. MUDD: Commissioner, next item is appointment of a member to the Pelican Bay Services Division board. MS. FILSON: And if! may make some comments on this one. Initially Mr. Spanier was next in line. He has declined, and I sent the commissioners all a memo indicating that Anna Halikas was interested. She has since withdrawn. That left one additional name on the list from the polling. He declined. So I have issued a press Page 76 July 22, 2008 release, and we'll do it that way until the polling comes up in December. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: So do we need to take action on this MS. FILSON: No, sir. CHAIRMAN HENNING: -- item on the agenda? Any item on the agenda, don't we have to take action on it? MR. KLATZKOW: I would continue it to another meeting. CHAIRMAN HENNING: Is there a motion to continue this item? COMMISSIONER HALAS: Motion to continue this item. COMMISSIONER COLETTA: Second. CHAIRMAN HENNING: Second by Commissioner Coletta. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #9C RESOLUTION 2008-224: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA SUPPORTING THE GUADALUPE CENTER OF IMMOKALEE IN OBTAINING FUNDING THROUGH THE ST ATE OF FLORIDA'S OFFICE OF TOURISM, TRADE AND ECONOMIC DEVELOPMENT'S COMMUNITY CONTRIBUTION TAX CREDIT PROGRAM - ADOPTED Page 77 July 22, 2008 MR. MUDD: Commissioner, the next item is to adopt a resolution of the Board of County Commissioners of Collier County, Florida, supporting the Guadalupe Center of Immokalee in obtaining funding through the State of Florida Office of Tourism, Trade and Economic Development's community contribution tax credit program. COMMISSIONER COLETTA: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Coletta, second by Commissioner Fiala to support the -- or adopt resolution supporting Guadalupe Center. I just have a question on this. Is this a grant that we have to manage? MR. KLATZKOW: No. MR. MUDD: No, sir. What I've been -- what I've been told on this particular issue is, they get identified by the state as a qualified recipient. If a person decides to give a contribution to this particular Guadalupe Center, then they would receive additional tax credits identified by the state based on this identification that they would receive from the state if the state agrees with your resolution. CHAIRMAN HENNING: Okay. MR. MUDD: Mr. Klatzkow, any different? MR. KLATZKOW: No, that was exactly my understanding. This is just a mechanism for them to get some relief. CHAIRMAN HENNING: Thank you. All in favor of the motion, signify by saying aye? COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) Page 78 July 22, 2008 CHAIRMAN HENNING: Carries unanimously. Item #9D RESOLUTION 2008-225: APPOINTMENT OF AARON R. HOKANSON AND KENNETH R. RECH TO THE BOARD OF BUILDING ADJUSTMENTS AND APPEALS - ADOPTED; WITH ADVERTISING FOR THREE ADDITIONAL MEMBERS MR. MUDD: Commissioner, next item is to -- appointment of members to the Board of Building Adjustment and Appeals. COMMISSIONER FIALA: Motion to approve Aaron Hokanson and Kenneth Rech -- I wanted to note that he had perfect attendance while he was serving. I think that that's admirable -- for these two positions. MS. FILSON: And just for the commissioners' information, we have absolutely no members on this committee now, so we're starting over, and these will be the first two and I'm advertising for three additional members. CHAIRMAN HENNING: Motion -- motion by Commissioner Fiala to approve Aaron Hokanson and Kenneth Rech, second by Commissioner Henning. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. Item #9F Page 79 July 22, 2008 RESOLUTION 2008-226: APPOINTMENT OF JON C. STAIGER TO THE LAND ACQUISITION ADVISORY COMMITTEE - ADOPTED MR. MUDD: Commissioner, next item is 9F, appointment ofa member to the Land Acquisition Advisory Committee. COMMISSIONER COLETTA: If! can, I'd like to make a motion -- CHAIRMAN HENNING: Yes. COMMISSIONER COLETTA: -- that we appoint Chris Lengen who also serves on East of the 951 Horizon Committee and has proven very valuable for that committee. CHAIRMAN HENNING: There's a motion by Commissioner Coletta. COMMISSIONER COLETTA: Coletta. CHAIRMAN HENNING: Is there a second to the motion? (No response.) CHAIRMAN HENNING: Let's see. Committee's recommendations -- COMMISSIONER FIALA: John Staiger. COMMISSIONER HALAS: John Staiger. CHAIRMAN HENNING: -- is John Staiger. COMMISSIONER FIALA: And that's who I would make a motion for. COMMISSIONER HALAS: And I'll -- COMMISSIONER COLETTA: Forgive me. COMMISSIONER HALAS: I'll second that. CHAIRMAN HENNING: You're seconding what? COMMISSIONER HALAS: John Staiger. CHAIRMAN HENNING: Okay. For lack ofa second, the-- Commissioner Coletta, your motion fails. Page 80 July 22, 2008 There's a motion to appoint John Staiger to the Land Acquisition Committee, and second by Commissioner Halas. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. Item #9G RECONSIDERATION OF ITEM 10H FROM THE JUNE 10, 2008 BCC MEETING WITH REFERENCE TO THE TREVISO BAY WATER MANAGEMENT AGREEMENT ALLOWING FOR COORDINATION BETWEEN TREVISO BAY DEVELOPMENT, LLC AND COLLIER COUNTY TO COMPLETE THE DESIGN, PERMITTING, AND CONSTRUCTION OF THE TWO COMPONENTS OF THE LEL Y AREA STORMW A TER IMPROVEMENT PROJECT LOCATED WITHIN TREVISO BAY DEVELOPMENT, PROJECT NO. 511011, FOR A TOTAL FY 08 AND 09 ESTIMATED COST OF $2,560,898 - MOTION NOT TO RECONSIDER - APPROVED MR. MUDD: Commissioner, the next item is 9G. It's reconsideration of item 10H from the June 10, 2008, BCC meeting with reference to the Treviso Bay water management agreement allowing for condition -- for coordination between Treviso Bay Development, LLC, and Collier County to complete the design permitting and construction of the two components of the Lely Area Stormwater Improvement Project located within Treviso Bay Page 81 July 22, 2008 development project number 511011 for a total FY-'08 and FY-'09 estimated cost of $2,560,898. This item is being asked to be reconsidered at Commissioner Henning's request. CHAIRMAN HENNING: Mr. Klatzkow? MR. KLATZKOW: Yeah. I just wanted to advise the board that a very, very short time ago, 10, 15 minutes ago, I was invited to a meeting by Mr. Brock, will be attended by Mr. Y ovanovich, to discuss certain issues that might be relevant to this matter. That meeting will be tomorrow. I don't know if that affects your decision whether or not you want to move forward with this matter today or to put it over. CHAIRMAN HENNING: Well, actually, you see, I feel that everybody's assumption, this is a clerk's issue, when this is a county commissioner issue. You know, I didn't get good answers from staff. That's why it came off the consent agenda and went on for the regular agenda and the board gave direction. I've been further meeting with staff, Commissioner -- or Norm Feder's been wonderful about answering questions, and I really have reservations whether I want to continue it, I mean reconsider it. MR. KLATZKOW: I'm just advising you that I've just been invited to a meeting 20 minutes ago. CHAIRMAN HENNING: Okay. Our ordinance says, on a reconsidering, there'll be no discussion, there will just be a vote. MR. KLATZKOW: Yes. CHAIRMAN HENNING: But again, I'm not sure if! could really reconsider it. If I get just a couple more questions answered, I think I'm going to be fine with that. Is it okay to try to resolve this? MR. KLATZKOW: Yes, sir. CHAIRMAN HENNING: Okay. Of course, we naturally understand that based upon Jerry Kurtz's information that this was bidded out and there were at least two bids and we picked the lowest, and we're going to pay on that lowest bid. Is that -- is that our understanding on that? Page 82 _..~..._- July 22, 2008 MR. FEDER: My understanding, reading the minutes -- I wasn't at that meeting, Commissioner -- again, for the record, Norman Feder, transportation administrator -- he noted that he had analysis that showed that this was consistent with the engineer's estimate that had been done by ABB previously, that, in fact, the costs were evaluated and was a good deal for the county, so to speak, and the costs were lower than we would have experienced if we had gone out. And he said he understood that it had been brought out to bid. As we've followed up in discussions with you, in fact, it was brought out to bid in August of 2004. It was then rebid in August of 2005. In '04 the low bidder was also the selected bidder in '05. And there was a negotiation of the fees based on them being, again, the low bidder. So does that answer your question, Commissioner? CHAIRMAN HENNING: So the answer to my question is yes or no? MR. FEDER: The answer to the question is, to the best of my knowledge, yes, it's been bid out as part of the bid by the -- CHAIRMAN HENNING: No. My question -- the question was, are we going to pay based upon the lowest bid? MR. FEDER: It's my understanding, yes, we are, and the price is based on, as I discussed, that negotiated unit price. CHAIRMAN HENNING: And I, again, appreciate your assistance. The LASIP project, when was that permitted by the agencies? MR. FEDER: The LASIP permits, the water management permit came in in August of '04, July of'05 was the Army Corps of Engineers permit. As you know, it's been -- I guess it was 14-plus years in trying to get that permit. No other permits. CHAIRMAN HENNING: Okay. The ordinance says -- states that the Wentworth -- in the Wentworth PUD, it says that they will provide the east fallout, the easement for the east fallout. Page 83 - "-"----'1'-"'-' July 22, 2008 MR. FEDER: It says they will provide all appropriate easements, and it lists the nature of the project and their appropriate easements for all the property that they had within their property. And I have a graphic, I think, that will go to your question, Commissioner. CHAIRMAN HENNING: Thank you. MR. FEDER: Basically the graphic that you have here in front of you, or on the overhead, I should say, is showing in the lighter or salmon color, the wider right-of-way that is provided, in this case, by Treviso Bay. Wentworth became Treviso Bay. It's about 45 feet-- MR. MUDD: I'm going to try to get into these. Commissioners, is this okay for the thing, just to get it on, so you can see the whole -- MR. FEDER: Of course, you're up at U.S. 41, comes all the way down, and then you have the spreader lakes at the bottom. The salmon is what was on the Treviso Bay property. All those easements, as was provided for in the PUD and the subsequent DCA, were provided by Treviso Bay. In green is the additional right-of-way, though secured by the county. Basically what you have here is, as you can see it's 45 plus 30, or about 75 feet throughout. Where it gets a little bit wider in here __ and Robert Wiley's here. Maybe he'll give you a little more answer on some of this. But as I understand it, we had already a 60- foot easement that was with the properties when they were established here. Rather than just securing the additional, in this case, 30 feet, we took the full 60. That's why it looks wider there, because we would have had to pay for the same anyway. And then down here we did have to secure some property from the beginning of the spreader lake to meet the permit requirements. The rest of the spreader lake was provided, because it was on their property, by Treviso Bay. CHAIRMAN HENNING: The plat doesn't resemble what the -- the right-of-ways are on this. Page 84 July 22, 2008 MR. FEDER: The plat? CHAIRMAN HENNING: No, it doesn't. MR. FEDER: Okay. This is what I was provided as to the acquisition items. And to my knowledge, they never -- the project was never totally on the Treviso Bay property consistent with our process, we usually split it down the property line so that when we do go to take -- remember, this was done many years before there was even a Treviso Bay, let alone a Wentworth PUD. CHAIRMAN HENNING: I guess my only question is, the alignment for the canal, was that established -- when? MR. FEDER: My understanding -- and I may defer to Robert Wiley as my historian here if he's in the room. But my understanding was that was established through the process of 14-plus years of permitting. Again, as I understand it, we generally go down and split the lines as we develop a project, because then we go to a taking. The other restriction we had, as I understand it, is even if we wanted to come more off of the Treviso Bay side, we hit a lot of environmentally sensitive areas. That's what I was told, but Robert may be able to shed more light on that. CHAIRMAN HENNING: Was it established before 2003, the alignment? MR. WILEY: Yes, sir, it was. We started this back in 1988. We took it all the way through the Lely Lakes development. We established where we wanted it to go. When Wentworth Estates came in, it was dovetailing what the county already had started. The plats dovetail exactly where it's supposed to be. CHAIRMAN HENNING: Well, I can't approve my own item. As long as the taxpayers are getting the benefit that they are supposed to, I don't have a problem with it, so I'm going to make a motion not to approve 9 -- what is that, F? MR. MUDD: It's 9G, sir. CHAIRMAN HENNING: 9G. Page 85 July 22, 2008 COMMISSIONER FIALA: Okay, second the motion. So in other words, you're pulling it and we're not reconsidering it? CHAIRMAN HENNING: Yeah. We need to -- we need to vote on it? COMMISSIONER FIALA: I second that. CHAIRMAN HENNING: Do we have any public speakers? MS. FILSON: Yes, sir. I have two public speakers. Rich Y ovanovich? MR. YOV ANOVICH: We'll waive. MS. FILSON: And Sanjay Kuttemperor. That was your final one. CHAIRMAN HENNING: I also want to say that Mr. Feder was kind enough to take me down there and really explain it to me. So, you know, all my questions are being answered, and going to work this -- the payment process through the lowest bid. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #10A RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ("BCC") AUTHORIZE THE COUNTY MANAGER TO NOTIFY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) THAT COLLIER COUNTY IS WITHDRAWING FROM PARTICIPATION IN THE SFWMD ENVIRONMENTAL RESOURCE PERMITTING Page 86 July 22, 2008 PROGRAM - APPROVED MR. MUDD: Commissioner, that brings us to lOA, and this is a recommendation the Board of County Commissioners, BCC, authorize the county manager to notify the South Florida Water Management District that Collier County is withdrawing from participation in the South Florida Water Management District's environmental resource bidding program. Mr. Stan Chrzanowski, engineering services manager, engineering and environmental services, community development's environmental services, will present. MR. CHRZANOWSKI: Good morning, Commissioners. Stan Chrzanowski with engineering services. In about 2003, you authorized us to go ahead with a delegation agreement. We had been reviewing projects for the water management district less than 40 acres with no on-site wetlands since 1981. In 1997, we got a very formal letter telling us to keep doing it. And then in 2003, the DEP talked to the water management district, and they decided we should get a very normal agreement. The lawyers got to working on it, and it ended up being about 17 pages long. The last draft I had, having started in 2003, was dated September of '07. So we had been working on it for quite a while, and then we had the downturn in the economy, we lost some staff, and we reassessed our position. We looked at the fact that the water management district had opened up a new office at Golden Gate and Airport, which is less than a mile from our office. They have manned it fairly well. They have initiated computerized permit review and processing. And then looking at the map of Collier County, the aerial photograph, this side of 951, which is most of the small parcels, is substantially built out. There are a few parcels left, but not a lot, and Page 87 July 22, 2008 workload has dropped down considerably. Now, looking at all that, we decided it would probably be a good time to tell the district that we do not want to continue with the delegation of authority for projects because most of the ones from here on in are going to be redevelopment or fairly large. The district was hoping that we would continue with the delegation, and we've got some comments from engineers wanting to know why we were doing this. We sent them to -- we sent them a copy of the executive summary to explain it. I understand one of them has contacted you all and said he wishes we would keep going. But we think it's in the best interest of the county if we -- if we let the water management district do all the water management permitting on all sites. We still review as we do with the larger sites and we provide our input, but they will be the permit agency on everything. CHAIRMAN HENNING: Commissioner Coletta? MR. CHRZANOWSKI: That's it. COMMISSIONER COLETTA: Stan, question on this. Is there going to be any dropoff of the level of service that's provided with the water management taking this back over? MR. CHRZANOWSKI: No, sir. We're not averaging a whole lot of projects coming in right now, so I don't suspect it's going to hold them up. They review most ofthose anyway. COMMISSIONER COLETTA: So in other words, we did this before because they didn't have a local office, if I remember -- MR. CHRZANOWSKI: Yes. COMMISSIONER COLETTA: -- going back a number of years ago. MR. CHRZANOWSKI: Yes. COMMISSIONER COLETTA: Is there going to be any increase of cost to the consumer out there? MR. CHRZANOWSKI: They do charge more than we do for permitting. I'm sure Joe would love to charge more than they do, but Page 88 July 22, 2008 I'm not sure that that's going to go that way. COMMISSIONER COLETTA: Okay. Thank you, Stan. MR. CHRZANOWSKI: You're welcome. COMMISSIONER FIALA: And we have one speaker. Would you call that speaker, please. MS. FILSON: Yes, ma'am, one speaker. Rich Yovanovich. He just waived. COMMISSIONER FIALA: He just waives. Commissioner Halas? COMMISSIONER HALAS: Yes. Looking at what's happening with the downsizing of staff -- and there's no sense that we have two committees or two groups here that are working on this together. I think that what we need to do is turn this over to South Florida Water Management, and I make a motion that that's the direction we should go. COMMISSIONER COLETTA: I'll second that. COMMISSIONER FIALA: Okay. I have a motion on the floor by Commissioner Halas, a second by Commissioner Coletta. Any further discussion? All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: (Absent.) COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Opposed, like sign. (No response.) COMMISSIONER FIALA: Very good. MR. CHRZANOWSKI: Thank you. Item #10B PRESENT A TION OF THE FLOODPLAIN MANAGEMENT Page 89 - _._-----.,-.-.~- July 22, 2008 PLAN ANNUAL PROGRESS REPORT FOR 2007, AND A RECOMMENDED ACTION PLAN FOR 2008 - MOTION TO APPROVE PROGRESS REPORT-APPROVED MR. MUDD: Commissioner, that brings us to lOB, which is presentation of the Floodplain Management Plan annual progress report for 2007 and a recommended action plan for 2008. Mr. Robert Wiley, principal project manager for engineering and environmental services department, community development's environmental services, will present. MR. WILEY: Good morning, Commissioners. For the record, Robert Wiley with the engineering and environmental services department. What you have before you this morning is a report for the year 2007 on the Floodplain Management Plan. Now, to help confuse the issue just a little bit more, as you know, in 2007 we worked extensively to produce a totally new Floodplain Management Plan that you approved in December; however, this report reflects the previous report that was in effect all through 2007. So really it's the 2006 document it's reporting on is 2007 but I'm telling it to you in 2008. So that's just to confuse things just a little bit here. This report is prepared as a requirement for our participation in the community rating system of the National Flood Insurance Program. We go through it, the floodplain plan, every year to revise, make any updates that need to be done to it. As we talked about here, the big effort that we put forth this past year was development of that new floodplain plan. And in fact, the action plan items at the very back are those items which were contained in the documents you all approved in December, 2007. So what we're asking you to do is to approve the report. We will submit this report to the insurance services office. That's the agency Page 90 July 22, 2008 that administers the CRS program for FEMA. We'll submit this to them in late September with our annual recertification. Just to let you know, this year also is our five-year cycle, so we will be, in August, having a representative from ISO come and look through our records to show how we have been documenting progress through our floodplain management planning. With that, I'll answer your questions, if you have any. CHAIRMAN HENNING: I have some questions, but I'll let my colleague, Commissioner Halas, go first. COMMISSIONER HALAS: I have one question. Thank you, Chairman. In objective 1.2.1.2, which is on page 6 of 16, it said that some property owners that have experienced losses and have not decided -- or had -- really do not want to get involved in elevating their property, how is this going to affect our insurance rate here in this -- in Collier County? MR. WILEY: It really doesn't affect us in a negative way. It helps us hold status quo. If property owners wanted to be proactive and work with the county where the county would be taking the lead in it, we could apply for federal grant funding. And, again, there's no guarantee, but you apply for it, but FEMA offers quite a bit of funding to owners. There is the mandatory participation and it starts at about a 25 percent level. The more the owner's willing to pay as their proportionate share, the better your chances are of getting a grant. But it works through the county taking the lead. We would be actually the applicant for the grant. The owner would be the sub-applicant. We would have the administrative responsibility to make sure the owner did elevate their structure or whatever mitigation measures were proposed in the application. It's a federal process. Always got lots oftwists and turns to it, basically they would want to help us do that, but it takes the initiative Page 91 July 22, 2008 of the owner. And it's all voluntary. There's no forcing. COMMISSIONER HALAS: But if they did take the initiative, the end result was that we might be able to lower our flood insurance rate? MR. WILEY: Everything that you do to make your community more resistant to flood damage adds up in your points scoring that's available to you. Now, to reduce you have to get at least a 500-point jump to go to the next class, and that's what we are currently working on towards that effort. But just because one person would choose to do that, that itself would not reduce flood insurance. What it would do would reduce that individual homeowner's flood insurance drastically because they would have a nonconforming house that would be brought into compliance. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Mr. Wiley, I looked up the resolution that you put in this agenda packet, and it was -- the resolution was written by emergency management. I don't understand how your group got involved in this, because it said, the local mitigation strategy working group was formed with members representing Collier County Government, Everglades City, Marco Island, the City of Naples, and Big Cypress, South Florida Water Management, the health department, Florida Power and Light, the Citizen Corps, you know, Golden Gate Fire Department, and Naples Community Hospital. Is this resolution in our agenda the wrong resolution that you wanted to put in here? MR. WILEY: No, sir. Let me try to explain some confusion that's going on here. The resolution that you have is for the Hazard Mitigation Plan adoption. The Floodplain Management Plan is section 7 within that overall Hazard Mitigation Plan. CHAIRMAN HENNING: Section 7 of the -- MR. WILEY: Now, it's section 7 of your Hazard Mitigation Page 92 July 22, 2008 Plan. Let me explain how that works out. When we started developing the Hazard Mitigation Plan, this resolution is put forth going forward for the adoption of it. Now, in the year 2004 is when the effort was going forward to do all of this. That same year just happened to coincide that we were required to develop our initial Floodplain Management Plan. We were not able to do so independently, but under FEMA's rules, we can include it under the development and adoption procedure if the local community is developing an overall comprehensive Hazard Mitigation Plan. So we merged the two together. Now, subsequent to that activity, after we had put the original Floodplain Management Plan together, we then came back to you with another resolution asking us to be able to establish a floodplain management planning committee, which is a separate effort from this, but we then used that committee to help us work to put together the new Floodplain Management Plan that we brought before you this past December. That new Floodplain Management Plan replaces the existing one but is still all section 7 underneath the Hazard Mitigation Plan. CHAIRMAN HENNING: Well, the problem is, the Floodplain Management Committee, by resolution that's under the county manager, we gave you certain authorities to develop processes, and it wasn't this one. And, you know, I'm -- it's a lot different than floodplain hazardous mitigation. And I think we just have a real problem here with co-mingling what the board's direction was. MR. WILEY: We have followed your direction. If you'll look at what I'm saying, the Hazard -- CHAIRMAN HENNING: I have to hear what you're saying. I can't look at what you're saying. MR. WILEY: Well, right, hear what I'm saying. The Hazard Mitigation Plan is the overall document which contains the Floodplain Management Plan. We have to give you an annual progress report on Page 93 _.~..~.- July 22, 2008 the Floodplain Management Plan. That falls underneath the purview of the entire Hazard Mitigation Plan, which is referenced by this resolution. CHAIRMAN HENNING: The reference of the resolution is actually to go after grants for hazardous mitigation. The -- and some of the other processes here that you have -- that you have been looking at really deal with other committees that is under the board, such as the EAC and so on and so forth. So I appreciate what the Floodplain Management Committee is doing, but I'm concerned that we're going too far and we need to bring some other people involved in it. Okay? MR. WILEY: Yes, sir. CHAIRMAN HENNING: So this was just a report today, correct? MR. WILEY: This is a report to bring before you asking for your review and approval of it to take a look at the action plan for items to be taking place during the year 2008 so that we will come back to you next year, and our effort is getting closer and closer to the beginning of the calendar year each year as we proceed through this so that we don't have such a lag time and confusion of which report covers which year. CHAIRMAN HENNING: Yep. I would -- but I mean, you have things that really need to go to the EAC. You have things that really needs to go through the process of the Land Development Code changes. MR. WILEY: Yes, sir. These action items have their own trail to follow to bring them to completion. We understand that. CHAIRMAN HENNING: Right. MR. WILEY: You are not giving direction here for us -- you're not approving, other than just understanding the direction that we are going to be working this year. That's all this is saying. CHAIRMAN HENNING: Well, before we approve to go any Page 94 July 22, 2008 further, I would like you to go to the committees that's under their bailiwick by ordinance, not by resolution, and get their input. You got the beach dune system. That's definitely EAC. You've got wetland systems in here. You've got a lot of other ones, and I'd like for them to give us those recommendations before it goes through the process. Commissioner Fiala? COMMISSIONER FIALA: Yes. First of all, I think I hear what you're saying. You're saying once they've prepared this report -- just so that I understand what you just said. Correct me if I'm wrong. So once they've put this together and some of their recommendations affect other committees, we should then present it for the other -- to the other committees for their input on those recommendations; is that what you're saying? CHAIRMAN HENNING: Well, I think that's going to happen, but my concern is is there's no control here, and we have other committees that deal with certain issues, and we have this committee that's only adopted by resolution -- it's not appointed by the Board of County Commissioners -- that are doing the same thing and people that tend to get offended when they get into their other committee's business. COMMISSIONER FIALA: Well, I thought it was an excellent report myself and -- because I think that they're attempting to do something other than -- each one of those committees is dedicated to one facet of our community, and this one kind of like is an overall committee addressing the problems just that relate to floodplain management but which affect other -- other portions of our community. Yes, indeed, I think it would be good to hear from other committees on their comments on this, but I think their purpose is to pull down our insurance rates. That's the way I understood it. CHAIRMAN HENNING: Absolutely, and when you come back, can you bring back exactly the scores that the community's going to receive for each of these action items? Page 95 July 22, 2008 MR. WILEY: No, sir. These action items do not directly provide you a score through ISO scoring to then reduce your flood insurance. That is not what this is set up to do. These are items that are identified in the currently approved Floodplain Management Plan that you approved in December to give us direction to pursue. Now the results of those actions cumulatively, when we bring them before you, we can show you what we will be attempting to do with them as they would affect our scoring within the CRS program. But individually, these are not line items that affect your scoring directly. They are a cumulative programmic -- programmatic effort. And that sounds like it's confusing, but I want you to understand that we're talking here through the statements of the existing Floodplain Management Plan, what you've directed us to be working on. I think that one of the issues that's confusing is who's doing what. The Floodplain Management Planning Committee is a group of citizens and staff that have been appointed to overview and review the Floodplain Management Plan -- CHAIRMAN HENNING: Then appointed by -- MR. WILEY: -- but the tasks within the Floodplain Management Plan are assignments and tasks that staff is working on. As we bring them up, we take them to the different regulatory boards, the committees, things of that nature, as we, in turn, bring them eventually also before the Floodplain Planning Committee to keep their apprisal of what's going on. Are we accomplishing what we wanted to do? That all comes before you, line item at a time, as you spread throughout the year. CHAIRMAN HENNING: I'm not done yet. Hold on. MR. WILEY: So that's -- to look at a particular line item and say, okay, if we -- let's -- just pick one. I'm looking here, 6B2. It says, update the floodplain management website and schedule the agency's public information meeting schedules. Okay. That's an item Page 96 July 22, 2008 that we would do. Now, as we report success on this to ISO, that is one factor that is accounted (sic) towards some potential scoring points for us. But this, of itself, won't change our classification in the ISO system. But cumulatively, as you work up, you show that you are increasingly making your community more resistant to flood damage. Then you begin to submit the information specifically for a rescoring and you get the information back. This all comes before you before we ever submit it though. CHAIRMAN HENNING: Is there a way to provide a cost benefit for these? MR. WILEY: There is. Would you see a positive benefit from it? Not from a single item, but overall you would, from the overall program. CHAIRMAN HENNING: Well, there must be a way to provide what the benefit's going to be to the citizens. MR. WILEY: Yes, sir, and that's part of the -- what we go through to be prepared to submit stuff to you. CHAIRMAN HENNING: Okay, good. Thank you. Commissioner Halas? COMMISSIONER HALAS: Yes. I read this report, went through it pretty thoroughly, and was very much impressed with what you and the committee has came up with, so I make a motion that we approve this progress report for the year 2007 for the Collier County Floodplain Management Plan, section 7 of the Collier County Hazard Mitigation Plan. COMMISSIONER FIALA: I second that motion. CHAIRMAN HENNING: Okay. There's a motion by Commissioner Halas and a second by Commissioner Fiala. Just a question. When do you anticipate coming back with all these? MR. WILEY: With next year's report or with the results of these Page 97 July 22, 2008 endeavors? CHAIRMAN HENNING: Results. MR. WILEY: Results will be spread throughout the year. Some will probably roll over into next calendar year even. But some of the stuff is programmatic. Some of it is a line item. It will vary. But as we bring them up before you, we will clearly identify them. But they're all working individually, so there is no total response for everything at one time. The one issue that's in here -- CHAIRMAN HENNING: When do you think you'll be done with this committee's work? MR. WILEY: Well, you never finish with it. It's perpetual. CHAIRMAN HENNING: Yeah. MR. WILEY: Just like the Growth Management Plan. It's every five years you have to revise and rewrite your Floodplain Management Plan. Every year you have to look at it. It's very similarly set up to our growth management. CHAIRMAN HENNING: We have one speaker? MS. FILSON: One speaker, sir. Phil Brougham. MR. BROUGHAM: Back again. Good morning. My name is Phil Brougham. Chairman Henning and Commissioners, I'd just like to supplement what Robert has provided to you and -- before I make a few other comments very briefly. To try to put my explanation as a committee member of the Floodplain Management Planning Committee and explain how this works is difficult, and it's taken me quite a while. But the floodplain plan is a sub-plan contained within the overall county's Hazard Mitigation Plan. It's one component that's sort of buried down in there incorporated into it, and it helps enhance that. And the workings of the Floodplain Management Committee, I view as a spawning ground of ideas to help lower our rating -- or improve our rating to lower our insurance rate. And those ideas can Page 98 July 22, 2008 manifest themselves in several different ways. It can result in an amendment to an -- to your Land Development Code. It can result in a proposed ordinance to do this, that, or the next thing, and that's what Robert was referring to. Those run off on their own separate little trails. They follow through the county's process of review and approval by all appropriate committees, whether they're the EAC, whether they're the Planning Commission or wherever. They take off but the spawning ground is within that committee. The committee's work is never going to be done, and that's why it's a little difficult to keep coming back to the ranch every month and going through this tedious work. But most of the citizen members are there to generate ideas, and that's the sole purpose. Just a couple other comments. We've initiated an effort, Robert and I, and we're hoping to get some more committee members involved, to help clarify this planning process. And when I joined the committee, we knew what we had to do, but there was no overall documentation to this process. And what we have started is an effort to flow chart the decision points that flow throughout this year. And the planning process is a continuous process. It will never end, but it will have actions, and those actions should synchronize with your county schedule, whether it be capital budgeting, whether it be LDC amendments or whatever, and that's what we're going to attempt to do is document, refine, hone, and bring this process back to more currency and hopefully clear away a lot of the smoke and mirrors and confusion that surround this process right now. I can see it and I can hear it in what you folks up there are asking, the types of questions. Believe me, we've asked the same types of questions. So part -- I view part of our job is to help clarify this process for you so you won't have to answer those same -- ask those same questions next year. And with that, another sub-objective is just that we do dovetail Page 99 July 22, 2008 more critically with the county's manpower planning. This effort, for the most part -- CHAIRMAN HENNING: Thank you, Mr. Brougham. MR. BROUGHAM: -- is staff driven. CHAIRMAN HENNING: Okay. There's a motion and second on the floor. Discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. I would like to get this committee under the Board of Commissioners. There's just too much going on that -- through a resolution. We need to have -- we need to have purposes. We need to have all that stuff in an ordinance. Do you have a problem with that, County Manager? MR. MUDD: No, sir. CHAIRMAN HENNING: Does anybody have a problem with bringing this back in an ordinance and appointing these members to the -- by the Board of County Commissioners? COMMISSIONER HALAS: I think that they're doing a great job. COMMISSIONER FIALA: Yeah. COMMISSIONER HALAS: I'd like to leave it alone the way it is instead of trying to -- if it's not broke, don't fix it. CHAIRMAN HENNING: Yeah. Page 100 .,-~,.~,,, July 22, 2008 COMMISSIONER FIALA: I don't know what we'd accomplish by doing that. If you could tell me what we'd accomplish by doing that -- I mean, it's working right now. I don't know why we'd change it, but maybe there's something. CHAIRMAN HENNING: Well, it's a -- if it's going to be an ongoing committee, we've got to have certain direction for the purpose of it. A resolution doesn't do it, an ordinance does, and we get to appoint members of this committee just like all the other committees. Okay. Commissioner Coletta? COMMISSIONER COLETTA: What Commissioner Halas said, if it's not broken -- CHAIRMAN HENNING: Okay. It's not going anywhere. We're going to take a lunch break and be back at 1:05. COMMISSIONER COLETTA: Good meeting. (A luncheon recess was had.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, Commissioners, you have a hot mike. CHAIRMAN HENNING: Thank you. We have a time certain of one o'clock. MR. MUDD: Yes, sir. That is item- Item #8E ORDINANCE 2008-37: AN ORDINANCE ESTABLISHING THE NAPLES RESERVE COMMUNITY DEVELOPMENT DISTRICT (CDD) PURSUANT TO SECTION 190.005, FLORIDA STATUTES - ADOPTED COMMISSIONER COLETTA: 8E. MR. MUDD: -- 8E, and it's a recommendation to consider adoption of an ordinance establishing the Naples Reserve Community Page 101 -._~."^ July 22, 2008 Development District, CDD, pursuant to section 190.005 ofthe Florida statutes. I believe Mr. Pickworth is going to present, or is Mr. Cohen? Randy, you going first? Okay. Mr. Randy Cohen, your director of comprehensive planning, community development's environmental services, will present. MR. COHEN: For the record, Randy Cohen, comprehensive planning director of Collier County. You have before you a petition requesting the creation of a community development district for Naples Reserve. If you recall, this particular piece of property underwent a rezoning recently changing to residential planned unit development which would allow for 602 dwelling units at a density of 1.67 units per acres. Pursuant to the criteria of community development districts, they're statutory as you recall. There's six of them. You have an attachment too, in your book, which enumerates those particular criteria. I'm not going to go through them at any length unless you have some specific questions except to say that the applicant, with respect to those criteria, does meet them. The other thing that the commission is always concerned about is whether or not there's an individual that will be appointed to the board at a certain point in time. The ordinance provides for that. Every ordinance in the future with respect to community development districts will provide for that. It's put -- COMMISSIONER FIALA: You mean a resident? MR. COHEN: A resident, correct. And it's been put in there, and it will always do so in the future. So I know that's a concern that you have, Commissioner Fiala, and that will always be addressed in that manner. With respect to the specifics of the CDD, how it will work, how it would operate, and when it would be set up, I would reserve that to Mr. Pickworth to describe what would be transpiring for his client. Page 102 July 22, 2008 And if you have any questions of me, I'll be more than happy to answer them at this time; otherwise, I'll turn it over to Mr. Pickworth. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I'm not sure if you could answer this. Maybe someone from transportation, although I don't see anybody back there from transportation. My question is, is this CDD going to be part of the consortium to straighten out the concerns that we have with U.S. 41 and 951 in that general area? MR. KLATZKOW: I believe it is, sir. COMMISSIONER HALAS: Pardon? MR. KLATZKOW: I believe that this is -- that this developer is part of that consortium. COMMISSIONER HALAS: Okay, good. CHAIRMAN HENNING: Any other questions, Mr. Pickworth? MR. PICKWORTH: Thank you, Mr. Chairman. I'm Don Pickworth representing the petitioner in this CDD. Just to pick up with Commissioner Halas' question, the CDD will certainly be a very effective tool for financing those improvements, and so the answer is, yes, it will certainly be. By the same taken, you have an agreement with the petitioner himself, and the creation of the CDD in no way interferes with your agreement with the petitioner. So you still have that commissioner -- or that petitioner on the hook, if you will. They're still obligated under the agreement you made with them, and the CDD does not change that. It simply helps with the financing of it. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. You've answered my questions. You've put a person -- one of the first residents who move in there will be on this CDD, so my concerns are answered, so I make a motion to approve. CHAIRMAN HENNING: There's a motion by Commissioner Page 103 July 22, 2008 Fiala -- COMMISSIONER HALAS: Second. CHAIRMAN HENNING: -- to approve the CDD, creation of the community development district, second by Commissioner Halas. Ms. Filson, do we have any speakers? MS. FILSON: No, sir. CHAIRMAN HENNING: I just have a question. Why did this have to be a time certain? MR. MUDD: Because he asked for it. CHAIRMAN HENNING: Why? MR. MUDD: Petitioner's request? MR. PICKWORTH: It was put to me that it was -- you know, we're going to ask for a time certain, is that okay with you, and I said, well, yes. You know, I wasn't really sure how the process worked. I was a little surprised myself that it was going to be a time certain. CHAIRMAN HENNING: Right. Good. I have no further questions. Any questions on the motion? Commissioner Coletta, you okay? COMMISSIONER COLETTA: No questions. Thank you. I'm fine with it. CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #8A Page 104 July 22, 2008 PUDA-2007-AR-11734 KRG 951 AND 41, LLC, REPRESENTED BY D. WAYNE ARNOLD, AICP, OF Q. GRADY MINOR AND ASSOCIATES, P.A. AND RICHARD D. YOVANOVICH, ESQUIRE, OF GOODLETTE, COLEMAN, AND JOHNSON, P.A., IS REQUESTING AN AMENDMENT TO THE ARTESA POINTE PUD TO REMOVE A +/- 0.88 ACRE PARCEL OF LAND AND ADD IT TO THE PROPOSED T AMIAMI CROSSING CPUD ABUTTING ITS NORTHERN BOUNDARY. THE SUBJECT PROPERTY IS LOCATED APPROXIMATELY 1/4 OF A MILE SOUTH OF THE INTERSECTION OF COLLIER BOULEVARD AND US 41, IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST OF COLLIER COUNTY, FLORIDA - MOTION TO CONTINUE TO SEPTEMBER 9, 2008 - APPROVED Item #8B PETITION: PUDZ-2006-AR-10875, Q GRADY MINOR, REPRESENTING KRG 951 AND 41, LLC, HAS SUBMITTED A PUD REZONE FOR TAMIAMI CROSSING CPUD. THE APPLICANT PROPOSES TO REZONE THE A (AGRICULTURAL), C-2 (COMMERCIAL CONVENIENCE), C-4 (GENERAL COMMERCIAL ZONING) DISTRICTS AND ARTESA POINTE PUD TO COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT. THIS IS TO ALLOW DEVELOPMENT OF COMMERCIAL LAND USES WITH A MAXIMUM OF 235,000 SQUARE FEET. THE PROPERTY CONSISTS OF +/- 25.45 ACRES AND IS LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA - MOTION TO CONTINUE TO SEPTEMBER 9, 2008 - APPROVED Page 105 July 22, 2008 MR. MUDD: Commissioner, that brings us to 8C, but before you do that, just for the -- just for the preponderance of caution, if I could get a motion on 8A to continue to 9/9, and the same motion on 8B to continue to 9/9. You did it on the summary, but just for the preponderance of caution. We've done this in the past. COMMISSIONER HALAS: So moved to continue 8A and 8B. COMMISSIONER FIALA: Second the motion. CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. Item #8C ORDINANCE 2008-38: THE BOARD OF COUNTY COMMISSIONERS APPROVES, AND AUTHORIZES THE CHAIRMAN TO SIGN, AN AMENDED AND RESTATED AFFORDABLE HOUSING BONUS DENSITY AGREEMENT (AHDBA) AND ADOPT AN AMENDMENT TO ORDINANCE NO. 05-63 AND INCREASE THE NUMBER OF AFFORDABLE UNITS FROM THIRTY-TWO DWELLING UNITS TO FORTY- FOUR DWELLING UNITS FOR THE WORKFORCE PRODUCT TYPES FOR OWNER-OCCUPIED AFFORDABLE HOUSING LOCATED IN THE CIRRUS POINTE PUD DEVELOPMENT - ADOPTED WICHANGES TO LANGUAGE MR. MUDD: Commissioner, next item is 8C. This is a Page 106 July 22, 2008 recommendation that the Board of County Commissioners approves and authorizes the chairman to sign an amended and restated Affordable Housing Bonus Density Agreement and adopt an amendment to ordinance number 05-63 and increase the number of affordable units from 32 dwelling units to 44 dwelling units for the workforce product types for owner-occupied affordable housing located in the Cirrus Pointe PUD development. COMMISSIONER COLETTA: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion to approve by Commissioner Coletta, second by Commissioner Fiala. I have some questions. The -- Commissioner Halas, do you have anything? COMMISSIONER HALAS: I'll wait till you get done, sir. CHAIRMAN HENNING: We have conflicting reporting on page 4 of the -- an agreement. It says the developer and the commission acknowledge the agreement once the developer has delivered the affordable housing gap unit under the agreement that there's no more of a reporting period, but you go into -- further into the agenda -- or into the agreement -- I didn't write it down, but it is there, so I'm trying to figure out what we're trying to do. MS. KRUMBINE: Okay. For the record, Marcy Krumbine, director of housing and human services. While the units are being constructed, the contractor does have to report in and they will have an ongoing monitoring. But once the units have been constructed and all the units have been completed, the -- that reporting element is completed. So you -- that might be the difference in the agreement. CHAIRMAN HENNING: Okay. That's different than what our Land Development Code says. There is an annual reporting, according to our Land Development Code, 2.06.06. How do we deviate from our Land Development Code in an agreement? MS. KRUMBINE: I'm not the Land Development Code's expert. Page 107 July 22, 2008 I'm looking to Mr. -- CHAIRMAN HENNING: Who put this language in here? MS. KRUMBINE: This is a -- this is the standard Affordable Housing Density Bonus Agreement that was drafted by county attorneys. CHAIRMAN HENNING: It was -- the original agreement didn't have this language in it. MS. KRUMBINE: But this is the updated agreement. CHAIRMAN HENNING: I know it. But it's contrary -- MS. KRUMBINE: And we didn't change -- the only language that was changed was -- the only language that I know that I changed was the name of the department. So this was the agreement that I was gIven. CHAIRMAN HENNING: While Mr. Klatzkow's looking that up, I have another question. MS. KRUMBINE: Okay. CHAIRMAN HENNING: It's 2.06.06, and it is the reporting. MS. KRUMBINE: Is the reporting for the PUD monitoring, because they're -- CHAIRMAN HENNING: No. MS. KRUMBINE: It's -- okay. CHAIRMAN HENNING: This is definitely housing bonuses -- MS. KRUMBINE: Okay. CHAIRMAN HENNING: -- and reporting. Now, the -- you're allowing -- we're going from 60 percent to 80 percent -- MS. KRUMBINE: That's correct. CHAIRMAN HENNING: -- income. On an 80 percent, what does that -- what kind of housing -- how much would a two-bedroom or a three-bedroom be under that? MS. KRUMBINE: What is the cost of the unit going to be? CHAIRMAN HENNING: Yeah. MS. KRUMBINE: I'm going to defer to the developer, Jim Page 108 July 22, 2008 Fields. MR. FIELDS: Hello. For the record, my name is Jim Fields. I'm the developer of Cirrus Pointe. Basically what this will allow Cirrus Pointe to do, in lieu of the 32, we had originally 11 at 50 percent and 21 at 60 percent. We're going to four at 80 percent, we're looking at costs ranging from -- anywhere from $223,000 for a three-bedroom, two-bath unit up to about, I believe, 284,000, 290,000, something around that category. But all the units at Cirrus Pointe are three-bedroom, two-bath. CHAIRMAN HENNING: Okay. And you'll be able to receive impact fee credit -- or impact fee waivers and deferrals under that? MS. KRUMBINE: Yes. As long as it's 80 percent or below the median income, they'll be able to get the impact fee deferral program if it's available at the time that they apply. CHAIRMAN HENNING: I -- I got -- I received information about what the market is right now, and a three-bedroom, two-bath at Botanical Place sold in March for $170,000. That's a market -- what's on the market now. Is there really a need for government assistance if you're, you know, above what the market is? MS. KRUMBINE: Well, Commissioner, this -- this proposal is not about the government assistance. This is strictly to allow them to move forward with their plan to build. When they go vertical, it could -- I don't know when it's going to be, but then we will come before you with the impact fee deferral agreements that you see on your consent agenda, and at that point you can review those. And, again, if the funding is available for impact fee deferrals, then you have the final authority on that as to say whether or not you want to grant those impact fee deferrals for those units at that time. But this is strictly for changing the bonus density. CHAIRMAN HENNING: Why would we change that when actually we're providing units that cost more than what the market is? Page 109 July 22, 2008 MS. KRUMBINE: Would why we change? CHAIRMAN HENNING: Why would we change the agreement, go from 60 percent of wage earners to 80 percent? MS. KRUMBINE: Because people that are earning 60 percent or less of the median income could not qualify to purchase these units. And in a previous market when this -- when this proposal -- when Jim Fields did this proposal originally, it was standard -- and Botanical Place was the example for this -- for the market rate units to carry or to subsidize the affordable units. CHAIRMAN HENNING: To build housing that's more expensive than what's on the market? MS. KRUMBINE: And -- I'm explaining to you how it came about to be that way. So in the previous market, they could do something like that. In today's market, as you just said, with the cost of things, the market rate units cannot subsidize the 60 percent or below units. So when you bring it to 80 percent, no units are being subsidized. Every unit is coming in their fair market value. CHAIRMAN HENNING: Mr. Klatzkow, did you find the -- MR. KLATZKOW: You are right, that the language should be stricken from the agreement. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. In Lakewood -- being that you just mentioned three-bedroom, two-bath, by the way, in Lakewood, one three-bedroom, two-bath single-family home with a yard and everything on a golf course just sold for $205,000, so that's kind of interesting that you say that. But going on to questions, when do you plan to proceed with this -- with this project? When do you plan to construct? MR. FIELDS: We plan to construct once we sell enough units to justify the bank kicking in their component, obviously, to go for the infrastructure and vertical. We have to hit at a certain percentage. Page 110 July 22, 2008 Before at this level when we were originally doing the original proposal, I had -- I was required to sell 100 percent of all units in order for a bank to kick in. Right now we're hoping that it probably comes in around -- anywhere from 60 to 70 percent of the units. Traditionally it was 50/50 in the old days. COMMISSIONER FIALA: Will all of the accouterments or the amenities, excuse me, that you had originally proposed, still be in there, the swimming pool, the cabanas little area, you know, all of the other things that you planned? MR. FIELDS: Yes, Commissioner. The quality level is the same, if not actually slightly better, and there's a reason for this. Working with the CRA, we're sitting on a corner site. This is supposed to be an anchor site. And the idea was to provide a quality project on the corner. I would have to say my spec is probably higher than obviously the other product -- the other unit that went up on Bayshore; however, given the corner, given the visibility, they desired something that would not only esthetic, but obviously have some lasting value. COMMISSIONER FIALA: Okay. Thank you. CHAIRMAN HENNING: Okay. Any other questions? (No response.) CHAIRMAN HENNING: Your motion still stands? COMMISSIONER FIALA: Yes. CHAIRMAN HENNING: Okay. Can we -- COMMISSIONER FIALA: Unless it doesn't meet -- you know, now that they're striking that, does that now meet the Growth Management Plan? CHAIRMAN HENNING: Well, it has to be in your motion. Your motion is to approve the agreement as written. COMMISSIONER FIALA: I'd better adjust that because is isn't written properly then, right? MR. KLA TZKOW: Yeah. It could be motion to approve subject Page 111 July 22, 2008 to striking the language on. MR. MUDD: Page 4. MR. KLATZKOW: Page 4 of31 of the agreement, second full-- first full paragraph starting with the developer and commission. We will strike that. COMMISSIONER FIALA: Yes. I'd like to add that to my motion then. MR. WHITE: And the requester agrees. Patrick White-- COMMISSIONER FIALA: I'm sorry? MR. WHITE: -- representing the applicant. Patrick White, representing the applicant. We would agree with that change. And the provision immediately above does reference that we have to comply with LDC 2.06.05 and 2.06.06.06 (sic), as chairman's indicated. CHAIRMAN HENNING: Okay. I'm not going to support the motion. I don't know why we have to increase density to build units that are over what the market is. ,\0 me it just doesn't make sense. Any further discussion? COMMISSIONER COLETTA: Yes. Question. CHAIRMAN HENNING: Yes. COMMISSIONER COLETTA: Is this going to require a supermajority vote, Mr. Klatzkow? MR. KLATZKOW: No, sir. CHAIRMAN HENNING: Just an agreement. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? Aye. Motion carries, 3-1; Commissioner Henning dissenting. We got time for one more? Page 112 --_.~t July 22, 2008 Item #8D REPEAL THE ANIMAL CONTROL ORDINANCE (ORDINANCE NO. 93-56, AS AMENDED), AND TO ADOPT ORDINANCE NO. 2008-XX AS THE ANIMAL CONTROL ORDINANCE, TO STRENGTHEN THE SECTION PERTAINING TO DANGEROUS DOGS, TO PROVIDE A UNIFORM METHOD FOR REVISION OF FEES, TO PROVIDE FOR MANDATORY SPAY /NEUTER OF ANIMALS UPON RETURN TO OWNER AFTER IMPOUNDMENT, AND TO MORE CLEARLY DEFINE LEASH LAW AND THE AFFIDA VIT OF COMPLAINT PROCESSMOTION TO CONTINUE TO SEPTEMBER 9, 2008 - APPROVED MR. MUDD: Commissioner, yes, sir. If I can just do this animal control ordinance on D and get a vote to continue again, please. That's 8D. CHAIRMAN HENNING: Is there a motion to continue 8D? COMMISSIONER HALAS: Motion to approve continuing item 8D. CHAIRMAN HENNING: I'll second the motion. Commissioner Coletta? COMMISSIONER COLETTA: Yeah. Why are we continuing it? COMMISSIONER HALAS: Staff. CHAIRMAN HENNING: Staff wants to continue it. MR. MUDD: Staff request. We had some legal-- we had some legal technicalities on the particular ordinance that would also affect the fee ordinance. That's why both in unison have been continued at the same time. COMMISSIONER COLETTA: Thank you. Page 113 July 22, 2008 CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. Item #8F ORDINANCE 2008-39: PETITION: PUDZ-2006-AR-9486 CHARLES S. FALLER, III, OF FFT SANTA BARBARA I, LLC AND FFT SANTA BARBARA II, LLC REPRESENTED BY D. WAYNE ARNOLD, OF Q. GRADY MINOR & ASSOCIATES, P.A., AND RICHARD D. YOV ANOVICH, ESQ. OF GOODLETTE, COLEMAN, AND JOHNSON, P.A., REQUESTING A PUD REZONE FROM C-2 AND C-4 ZONING DISTRICTS TO COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) TO BE KNOWN AS FREESTATE CPUD. THE 16.8 ACRE SITE IS PROPOSED TO PERMIT 150,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF SANTABARBARA BOULEVARD AND DAVIS BOULEVARD IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA - ADOPTED W ISTIPULA TIONS MR. MUDD: Commissioner, next item is 8F. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. Page 114 ~~---r July 22, 2008 It's petition PUDZ-2006-AR-9486, Charles S. Faller, III, ofFFT Santa Barbara -- Santa Barbara I, LLC, and FFT Santa Barbara II, LLC, represented by D. Wayne Arnold ofQ. Grady Minor & Associates, P.A., and Richard D. Yovanovich, Esquire, ofGoodlette, Coleman, & Johnson, P.A., requesting a PUD rezone from C-2 and C-4 zoning districts to commercial planned unit development, CPUD, to be known as Freestate CPUD. The 16.8-acre site is proposed to permit 150,000 square feet of commercial development. The subject property is located on the southwest corner of the intersection of Santa Barbara Boulevard and Davis Boulevard in Section 8, Township 50 south, Range 26 east, Collier County, Florida. CHAIRMAN HENNING: All wishing to participate, please stand and be sworn in by the court reporters -- court reporter. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN HENNING: Ex parte communication, starting with Commissioner Coletta. COMMISSIONER COLETTA: Yes, thank you, sir. And on this here I had meetings with Richard Y ovanovich, Wayne Arnold, Eric Strickland, and multiple CDES reports. And that concludes it for me. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. I've also met with Rich Y ovanovich, Eric Strickland, Wayne Arnold, I've talked with staff about this actually a couple times, and I think that's all I have. Thank you. CHAIRMAN HENNING: Thank you. I met with a resident, Bob Jenkins. I don't recall the other resident from Falling Waters. And I received some correspondence from people who live within Falling Waters, and I did watch the Planning Commission meeting. Commissioner Halas? Page 115 July 22, 2008 COMMISSIONER HALAS: Yes, thank you. I have no disclosure on this item, 8F. CHAIRMAN HENNING: Thank you. Mr. Y ovanovich? MR. YOV ANOVICH: Thank you. Good afternoon. For the record, Rich Y ovanovich on behalf of the petitioner. With me today is Chuck Faller, who is the representative of the owner of the property; Wayne Arnold; Mike Delate; and Kent Carlisle with Grady Minor & Associates to answer any questions you might have regarding planning, engineering, or landscaping. I'll briefly take you through the project. And on the visualizer you'll see an aerial exhibit with the proposed master plan imposed on that aerial. You can see that we're on the southwest corner of Davis Boulevard and the future extension of Santa Barbara Boulevard. And to our immediate west end, also to our south, is the Falling Waters property. The parcel is now 16.76 acres. It was about 20 acres a few years ago, but we worked with the county to convey to the county right-of-way it needed for the future Santa Barbara extension. The existing zoning on the property is commercial. The northern approximately five acres of the property is zoned C-4 with some limitation on uses and height. The height there is 35 feet versus 75 feet in a typical C-4 zoning district, and then C-2 on the southern 15 acres. The request is to rezone the property to a commercial PUD to allow for a more unified development as depicted on the master plan and allow for some of the C-4 uses to be shifted into what was formally C-2 areas. We've met with a committee from Falling Waters to address the concerns of the residents of Falling Waters. Should I wait, since I think we just lost our quorum? COMMISSIONER FIALA: No. He can hear you. Page 116 July 22, 2008 MR. YOV ANOVICH: Okay. We met with this committee. And you have several letters in your file that basically says, please don't approve this unless the spirit and intent of the existing zoning document is met. We've met with this committee to assure that the spirit and intent of the existing zoning is carried through within this project, and there's a letter in there already from the committee, but I believe there are a few of the committee members here to speak today. We probably spent easily 20 to 25 hours with the committee either in person or on the phone -- on the phone addressing the concerns. The primary concerns were height of the buildings and the buffers. The original PUD request was to allow for us to go to a 50-foot building height, zoned building height versus the 35 that currently existed. We agreed with the committee to bring it back down to the 35 feet that currently exists, so the height issue is exactly what it was before but we've gone further and we've actually put an actual height in there. The previous zoning ordinance didn't have an actual height in there. So we have 35 feet zoned height, 45 feet actual height. So there's more specificity in this document than was in the previous document. And then on the buffers, we spent a lot of time in the buffers. And when Jim leaves, there's also a risk that I get this wrong. Did I get that right? COMMISSIONER FIALA: No. MR. YOV ANOVICH: Trying to go north. This is north. There you go. We spent a lot of time with the committee actually designing the landscape buffer and doing an enhanced landscape buffer as well as locating the wall in an appropriate location versus what the Land Development Code provides for right now and also assuring them that the building setbacks that were in the previous zoning ordinance were Page 117 July 22, 2008 not being reduced through this PUD. And this is an exhibit to the PUD that shows you the no-build zone that is labeled on there that will show that they're exceeding in many of the areas the distance that was in the previous zoning ordinance as well as the location of the wall. And the wall -- the wall under the code would be part of the landscape buffer. We were asked to move the wall outside of the landscape buffer and put it adjacent to, basically, the pavement areas on the master plan. And the community felt that if we move the wall closer to the pavement area where traffic was actually occurring, that wall would provide for better sound attenuation to the community. So we moved the wall outside of the buffer adjacent to the pavement areas to provide better sound attenuation for the residents. We've done an enhanced landscape buffer on the perimeter over what's currently required by code. We'll do more plantings and taller trees to provide for basically hiding the buildings from our residents to the west in Falling Waters. And we did site line studies, and there were a couple of iterations that we went through with the residents before we arrived at what's in your PUD regarding the enhanced buffer. So we believe we've addressed all of the concerns of the committee, and hopefully that turns the other -- the letters into no longer letters of objection because they all basically said, we object unless spirit and intent of99-19, I believe is the ordinance number, is met. I think we've done that. The committee came and spoke in favor of the project at the Planning Commission. The Planning Commission recommended unanimously to recommend to you all approval of the PUD as it's currently in the staff report and which addressed -- we went through great detail with the committee as well as with the Planning Commission what permitted uses are allowed on the project, and there were some revisions made at the Planning Commission to tighten up Page 118 July 22, 2008 some of the more general SIC code categories. We have been working with your transportation staff to help them stay on schedule with their intersection improvements to Santa Barbara and Davis Boulevard. We have actually given them access to that area that they need without any written agreement, you know, because we're going through the rezone right now. Once the rezone gets done, we would be able -- one of the deviations is to the width of the landscape buffer. The materials would stay the same on Davis Boulevard but a sidewalk would now be allowed to be constructed within the 20- foot buffer. So we've asked for a deviation so that your transportation staff would no longer need to acquire right-of-way to accomplish the Davis Boulevard expansion turn lane they'll need to get onto Santa Barbara. So we've been working with your transportation staff to address their concerns to make sure that the improvements get done on a timely basis. Assuming the PUD gets approved, then the right-of-way would be donated to the county since it didn't affect us from a use standpoint, and we'll be making up for the area that the sidewalk encompasses in other areas of the projects. So the green space actually stays the same, but it assists the county with that. We've also agreed to a phasing schedule that would allow for the first phase of the product, which is the northern two buildings along Davis Boulevard to go forward at this time -- that's 26,000 square feet -- with the balance of the square footage to be CO'd when Santa Barbara is sub -- the extension is substantially complete, that means the travel lanes are open and the lanes are being used. My understanding, from talking to Mr. Casalanguida earlier today, is that the bids are due back -- the bids are out for the Santa Barbara extension and that they're due back shortly, and hopefully will be to the commission in the SeptemberlOctober time frame. So Santa Barbara extension is moving along, and we've agreed to limit the CO's based upon that schedule. Page 119 July 22, 2008 That's an overview of the project. Staffs recommending approval, the Planning Commission's recommended approval, and the neighbors are supporting what's before you. We can get into more detail if you feel we need to, but that's an overview of the product. CHAIRMAN HENNING: Commissioner Halas, Commissioner Fiala? COMMISSIONER HALAS: You go along with -- concur with the 16 amendments that were addressed by the Planning Commission? MR. YOV ANOVICH: They're all in the PUD document already, yes, SIr. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER HALAS: I got one other -- excuse me. I'm sorry. One other question I'd like to ask Nick Casalanguida. Nick, in regards to the transportation problem that we have in this particular area, it's my understanding that what I read in here is that FDOT is going to address the issues with Davis Boulevard, and that's supposed to be completed by 2012. Well, what type of insurance do we have about that? MR. CASALANGUIDA: You know -- for the record, Nick Casalanguida with transportation. The insurance, you don't have one. It's in their five-year work program like we have our five-year work program. It's in 1112, which means it's set to go sometime in '11. It's being designed as a 100 percent project from Collier Boulevard all the way to Santa Barbara with phasing, with the county to pick up the Radio Road to Collier Boulevard section. And a key component to point out here, as we've discussed, is we're doing the intersection here with the Santa Barbara extension as well, too. We're also going to pick up the Radio Boulevard intersection -- Radio Road intersection and the Collier Boulevard section. So even if DOT gets delayed, your problem area's going to get Page 120 July 22, 2008 picked up with our projects. And we're pretty confident that our project's going to be in that work program. COMMISSIONER HALAS: Are you saying that this is going to be a benefit for the taxpayers in Collier County -- MR. CASALANGUIDA: Well, we-- COMMISSIONER HALAS: -- for the amount of right-of-way that they're going to give us? MR. CASALANGUIDA: Well, when we look at the developments that are going in the same time we're doing a design project and they conflict, if you kind of flow chart them out, if we don't work together, it hurts us. With the way they've provided the right-of-way that they're already zoned, with the way they've agreed to phase this project, it's a benefit to the county to have it go forward as it is right now. It is. COMMISSIONER HALAS: My last question, I'm going to go back to the first question I asked you. It's my understanding that -- didn't we lend FDOT money to address the issues on the Davis Boulevard? So I would hope that would be kind of an insurance that they would address the transportation issue there on Davis? MR. CASALANGUIDA: We have an advancement reimbursement signed by FDOT and the state with us from the Radio Road to Collier Boulevard section, and that kind of keeps that Davis Boulevard on the radar screen. They're pretty well committed to that project, and their gaming has just gone through. It's still staying in their five-year work program, and hopefully this will be the last year that they face the extreme reductions that they're facing, but we'll see. COMMISSIONER HALAS: Okay. Thank you. MR. CASALANGUIDA: You're welcome. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. Toward the end here it shows some of the uses that are allowed. One use was motion pictures and video rental. My concern is, I want to make sure that it's written in Page 121 July 22, 2008 there that none of them are adult video stores or X-rated video stores or X-rated movie stores. I want to keep this a wholesome community. And another thing I want to add to that is no pawn shops, no tattoo parlors, no bail bondsmen. I want to -- COMMISSIONER COLETTA: Massage parlors. COMMISSIONER FIALA: Massage parlors. MR. YOV ANOVICH: We can have spas though, right? COMMISSIONER FIALA: Anyway, I just wanted to add -- I know I've spoken to you already on that, but I just wanted to put that on the record. That's okay? MR. YOV ANOVICH: We don't have any objection to adding those prohibited uses to the PUD document. COMMISSIONER FIALA: Very good, very good. And I also wanted to make sure that the language in here states really clearly, in essence, we will not have another Stevie Tomatoes affair. MR. YOV ANOVICH: It does. If you look at number 10-- COMMISSIONER FIALA: Yes. MR. YOV ANOVICH: -- which is very clear, and we -- we got down to what did it mean by seating people. And we said, it's got to close at 11, the outdoor seating. So if you're in the middle of eating, pick it up and go inside. So there was no issue of, did I seat somebody by 11 and then they got to finish their meal. So we tried to clean that up as tight as it could be. COMMISSIONER FIALA: Very good. That's terribly important when you're building in a neighborhood. There were a couple other questions I had. I was concerned with height of these buildings, 45 feet. I just wanted to make sure -- and I've spoken to you about this in my office -- that they're not peering down into somebody's bedroom. And I would like you to put on the record that -- how you're preventing that from happening. MR. YOV ANOVICH: Again, the maximum zoned height is 35 feet. You know, the architectural improvements could get you to 45 Page 122 ~-~--- July 22, 2008 feet. But as you'll see, where the buildings are located, this would be basically -- you know, if these were two-story buildings, you'll see where the preserve is, and the enhanced buffer would prevent that. And then this aerial probably shows it even better. With the layout of the buildings, you know, you have this great distance before -- you know, that's 4-, 500 feet, so there's quite a distance. So there's no peering down into any windows. COMMISSIONER FIALA: Good. I just wanted to put that all on the record just so that we have it. And lastly, we were talking about -- I read through the minutes from the 1999 meeting as well, and they were saying that the preserve is rather scraggly and they didn't know if there would be enough of a buffer there, and I was wondering if there isn't or if you tear trees down in order to build or something, would you be planting native vegetation to replace that? MR. YOV ANOVICH: And I think that really hit home when we got into this area right here and this area right here. You know, the preserve is staying, and that's -- we believe this is better because it is space. And what we're proposing is an enhanced buffer above what they would get under the existing zoning under the code. So the enhanced buffer with the plantings actually provides the visual barrier that doesn't exist under the -- today's code and the existing zoning on the property. COMMISSIONER FIALA: And when is that enhanced buffer predicted to be mature? Is that one year? MR. YOV ANOVICH: It will take two years to mature, but they're -- we're planting taller trees than code requirement, so it will take two years to mature to its, you know, ultimate visual impact, but we're starting with bigger trees than you would be required to plant under the county code. COMMISSIONER FIALA: Okay. Thank you. MR. MUDD: Commissioner, you might ask if the petitioner's willing to put in that enhanced landscaping before they start vertical Page 123 July 22, 2008 construction, and that might give you a couple extra months. COMMISSIONER FIALA: I like that extra -- that's a good question. MR. MUDD: You didn't give me my pen back. MR. YOV ANOVICH: I liked it better when you weren't here. We have provided that that will be concurrent with the site work, that the buffer will go in concurrent with the site work. COMMISSIONER FIALA: Not beforehand though? MR. YOV ANOVICH: Not beforehand. I mean, it doesn't make any sense. If we're going to be out there doing the site work, we may as well put the buffer in at the same time. MR. MUDD: What he's basically telling you, ma'am, is before he starts vertical construction, he'll put the landscaping in. COMMISSIONER FIALA: Good, okay. That's good, thank you. CHAIRMAN HENNING: Mr. Y ovanovich, would you explain why the buildings are numbered in the -- MR. YOV ANOVICH: Lettered? Are they numbered or lettered? CHAIRMAN HENNING: Lettered. MR. YOV ANOVICH: I'm sorry. I would if I knew why. Do we know why? Oh. It's based on how the different deviations are addressed for the different buildings where, you know, on -- there are different deviations associated with each of the buildings, so the A, B, C, and D corresponds to the deviations. And Mr. Arnold can handle that question better than I can, if you want him to take you through each of the buildings and the deviations. CHAIRMAN HENNING: No. I think that was addressed at the Planning Commission meeting correctly? MR. YOV ANOVICH: Yes, sir, in great detail. CHAIRMAN HENNING: In great detail, yes. The -- which one of those that you're showing us are exhibits to the PUD on the viewer? Page 124 July 22, 2008 You have two of them on the viewer. You have this one showing now, or are they both in the PUD? MR. YOV ANOVICH: This document is not part of the PUD. It's just a color illustration of it. This -- the previous document with the no-build zone and all of that is one of the exhibits of the PUD document. CHAIRMAN HENNING: The -- show me where the fence -- or the wall -- MR. YOV ANOVICH: The wall is? CHAIRMAN HENNING: -- is going to begin and where it's going to end. MR. YOV ANOVICH: The wall starts here and it goes to this point here till you get to the preserve, and then it becomes a chain-link fence around the preserve, and the wall picks back up here and walks its way all the way to Santa Barbara extension and curves around to hook up with what's going to be the county's future wall at Santa Barbara. CHAIRMAN HENNING: Okay. Can you go to the north, to the north of that wall. Is that an egress and ingress? MR. YOV ANOVICH: Yes, sir. That's our ingress and egress off of Davis Boulevard. CHAIRMAN HENNING: Is that wall going to interfere with the line of site for the motoring vehicles? MR. YOV ANOVICH: No, no. We have to make sure it doesn't. CHAIRMAN HENNING: But if you're showing this-- MR. YOV ANOVICH: Right there is where it ends. CHAIRMAN HENNING: Let's zoom into that because, you know, I guess I'm concerned about, is it going to be a problem during the SDP or permitting. MR. YOV ANOVICH: It shouldn't be because the SDP is in for review right now. CHAIRMAN HENNING: Okay. Show me where the wall ends. Page 125 July 22, 2008 MR. MUDD: Use a pen, okay. Your finger's a little thick. CHAIRMAN HENNING: Yeah, don't use your fat finger, please. It's right there? Is that a -- that is an eight-foot wall, correct? MR. YOV ANOVICH: Yes, sir. CHAIRMAN HENNING: Does that comply to the Land Development Code? MR. YOV ANOVICH: Yes. CHAIRMAN HENNING: And I'm sure Nancy will address that. That's the only questions I have. Commissioner Coletta, do you have any questions? COMMISSIONER COLETTA: No. CHAIRMAN HENNING: Should we get staffs report now? MS. GUNDLACH: Good afternoon, Commissioners. I'm Nancy Gundlach, principal planner for zoning and land development review, and staff is recommending approval of the Freestate CPUD petition, AR number 9486, and the CCPC did also unanimously recommend approval back on June 27th, and all of the information that has presented by the applicant is true and accurate. And several of the changes that were requested by the CCPC were, in fact, incorporated into the PUD exhibits. And, Commissioner, to answer your question about the eight-foot high wall, that is a minimum LDC code requirement. And I'm happy to answer any other questions that you may have for us today. CHAIRMAN HENNING: Could you accept the Planning -- can staff accept the Planning Commission's recommendations, so when we make a motion it will just be -- there won't be any confusion? MS. GUNDLACH: Yes, we do accept their recommendation of approval. And one other point. This is consistent with the Growth Management Plan. CHAIRMAN HENNING: Okay. Questions? (No response.) Page 126 July 22, 2008 CHAIRMAN HENNING: Public speakers? MS. FILSON: I have one public speaker. John Rafuse. MR. RAFUSE: John Rafuse. I'm speaking on behalf of the committee from Falling Waters. We were the committee that negotiated with Rich and Wayne. And we're here to support this. The version that you have now in front of you, version 20, which incorporates the amendments from the CCPC, represent the sum total that we have to date. Unless you folks have new issues, we feel satisfied that we've met the spirit of99-19. CHAIRMAN HENNING: Okay, thank you. Bob, do you confer with that? Mr. Jenkins? MR. JENKINS: (Nods head.) CHAIRMAN HENNING: Okay. All right. Ifthere's no further questions, close the public hearing and entertain a motion. COMMISSIONER FIALA: Motion to approve with all of the additions from the Planning Commission or all of the -- CHAIRMAN HENNING: Motion to approve staffs recommendations? COMMISSIONER FIALA: Thank you. COMMISSIONER COLETTA: And I'll second that. CHAIRMAN HENNING: And that's a second. Now, you had a concern about certain uses. COMMISSIONER FIALA: Yes, but -- MR. YOV ANOVICH: And you want those listed as prohibited uses in the PUD? COMMISSIONER FIALA: Absolutely. MR. KLA TZKOW: Could we get them specified for the record, ma'am. COMMISSIONER FIALA: Yes. MR. KLATZKOW: So it doesn't -- down the road there's no Issue. Page 127 July 22, 2008 COMMISSIONER FIALA: No X-rated or adult-rated video stores or movies. CHAIRMAN HENNING: Pawnshop. COMMISSIONER FIALA: No pawnshops, no bail bondsmen, no tattoo parlors. I think that was it. COMMISSIONER COLETTA: Massage parlors. COMMISSIONER FIALA: And massage parlors. CHAIRMAN HENNING: There's no SIC code for massage parlor. COMMISSIONER FIALA: So we can just include that. CHAIRMAN HENNING: I mean, you wouldn't want to have somebody determining a massage parlor as a salon that people go to to get facials and yada, yada, yada. COMMISSIONER FIALA: Exotic massage parlors, how about that? CHAIRMAN HENNING: Is the motion -- COMMISSIONER HALAS: Boy, you're getting risque. CHAIRMAN HENNING: Does the second agree with that? COMMISSIONER COLETTA: Yes, he does. COMMISSIONER HALAS: You're a little red in the face there, Commissioner. COMMISSIONER FIALA: Oh, I'm sorry. MR. KLA TZKOW: And is the applicant okay with that? COMMISSIONER HALAS: You're red in the face, too. MR. YOV ANOVICH: I'm trying -- I'm biting my tongue. Yeah, we're fine. I mean, I'm assuming the massage parlor was -- we don't have an issue with that. I think we all know what that means, right? COMMISSIONER FIALA: Okay, thank you. CHAIRMAN HENNING: Salons are allowed. MR. YOV ANOVICH: Okay. CHAIRMAN HENNING: And encouraged. MR. KLATZKOW: And that the buffering will be put in at the Page 128 July 22, 2008 time of the site plan, site development. MR. YOV ANOVICH: We have -- it's already covered in the PUD document. It's already covered as being phased in as we do the work, site work. CHAIRMAN HENNING: Okay. Any further questions? All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. MR. YOV ANOVICH: Thank you. Item #8G ORDINANCE 2008-40: AN ORDINANCE TO AMEND ORDINANCE NO. 2002-03, THE COLLIER COUNTY REDEVELOPMENT GRANT PROGRAM ORDINANCE, IN ORDER TO ADOPT A F AADE GRANT PROGRAM FOR THE IMMOKALEE COMMUNITY REDEVELOPMENT AREA- ADOPTED MR. MUDD: Commissioner, the next item is 8G. This is a request that the Board of County Commissioners adopt an ordinance to amend ordinance number 2002-02, the Collier County Redevelopment Grant Program ordinance in order to adopt a facade grant program for the Immokalee community redevelopment area. CHAIRMAN HENNING: Motion to approve. COMMISSIONER COLETTA: Second. CHAIRMAN HENNING: Motion by Commissioner Henning, Page 129 July 22,2008 second by Commissioner Coletta. Is there anything that you have to put on the record? MS. PHILLIPPI: No, sir. CHAIRMAN HENNING: Okay. Questions? (No response.) CHAIRMAN HENNING: Any public comments? MS. FILSON: No, sir. CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. MS. PHILLIPPI: Thank you. CHAIRMAN HENNING: Well, we have another seven minutes. Can we get something else in? MR. MUDD: Yes, sir. Item #lOD RECOMMENDATION FOR THE BOARD OF COUNTY COMMISSIONERS (BOARD) TO CONFIRM DIRECTION FOR THE COUNTY MANAGER OR HIS DESIGNEE, REGARDING THE PURCHASE OF THE HAMILTON PROPERTY, TO CONSIDER AN OFFER HIGHER THAN THE PREVIOUSL Y DECLINED OFFER AND TO CONSIDER THE EXISTING STRUCTURES ON THE PROPERTY; RECOMMENDATION FOR THE BOARD TO CONSIDER THE CONSERVATION FUND (TCF) TO BE AN INTERMEDIARY PURCHASER TO THE Page 130 ----t- July 22, 2008 HAMIL TON SALE; AND RECOMMENDATION FOR THE BOARD TO DIRECT THE COUNTY MANAGER OR HIS DESIGNEE TO PURSUE A LEGALLY SUFFICIENT AGREEMENT FOR SALE AND PURCHASE WITH TCF AND EXECUTE WHATEVER DOCUMENT(S) ARE NECESSARY FOR TCF TO PROCEED WITH A NORTH AMERICAN WETLANDS CONSERVATION ACT (NA WCA) GRANT APPLICATION ON BEHALF OF THE BOARD AFTER APPROVAL FOR LEGAL SUFFICIENCY BY THE COUNTY ATTORNEY'S OFFICE - MOTION FAILED DUE TO LACK OF A MAJORITY MR. MUDD: That brings us to 10D. It's a recommendation of the Board of County Commissioners board to confirm direction for the county manager or his designee regarding the purchase of the Hamilton property to consider an offer higher than the previously declined offer and consider existing structures on the property; recommendation for the board to consider The Conservation Fund, TCF, to be an intermediary purchaser to the Hamilton sale; and recommendation for the board to direct the county manager or his designee to pursue a legally sufficient agreement for sale and purchase with TCF and execute whatever documents are necessary for TCF to proceed with a North American Wetland Conservation Act grant application on behalf of the board after approval for legal sufficiency by the County Attorney's Office. Ms. Alex Sulecki, senior environmental specialist, will present. MS. SULECKI: Thank you and good afternoon, Mr. Chairman and Commissioners. And that title probably said it all, right? I won't say anything else. We're here today on the Hamilton property. And this is a map of Collier County, and I'll show you right down there is the Hamilton property. On the west is Collier Seminole State Park, the south is Page 13 1 July 22, 2008 10,000 Islands National Wildlife Refuge, and on the north is Picayune Strand, and to the south, Golden Gate Estates restoration area. So it's kind of like the hole in the doughnut. And you may remember this property. We came back to you -- it was from the fourth acquisition cycle, and we made an offer, the offer was refused. We came back, or owner came back asking if he could reapply, and that was in our policy, and we went ahead and reconsidered that, and we're here today in front of you because we have an appraisal. We have two appraisals. They're -- we have ascertained that they are consistent with comparable sales and with our policy. And so we're presenting them to you for permission to make this offer. And we also have a little extra here. We have The Conservation Fund. They are a nationally recognized nonprofit environmental organization, and they've offered to facilitate this transaction and to speed it up in a simultaneous closing for a negotiated amount with the owner, and to assist us by preparing a North American Wetlands Conservation Act grant for us showing us as the grantee. The owner has been advised of the appraisals, and the owner agrees to this facility sale. We have Matt Sexton with us today, who is the Florida vice-president of the conservation fund. Lauren Day. I'm not sure if she's here -- okay. She's preparing working the grant. And also I'd like to tell you that the Conservation Collier Committee heard this at their last meeting on July 14th, and they recommended proceeding to make this offer. The offer is a 1,274,650 with specific conditions and also to move ahead to work with The Conservation Fund to acquire the property. So we did pass out something that was received just yesterday -- that's a letter of support from Big Cypress Basin -- you actually are going to right now. The Big Cypress Basin calls this property one of enormous ecological value and very important to acquire, as other Page 132 July 22, 2008 uses like an airboat tour would not be conducive to Water Resources Development Act project that's restoring the historic flows to the 10,000 Islands through the South Golden Gate Estates restoration project. There's also a proposal and a thought that U.S. Fish and Wildlife will be able to repurchase this property from us in the future. They don't have the funds at present to do so, and our ordinance considers that we can purchase for resale to other conservation agencies, and they would -- we would like to, in the future, ultimately have this joined to the 10,000 Islands National Wildlife Refuge. In the meantime, while that's being added to the boundary for the 10,000 Islands, we would work with them in some kind of partnership on the property. And Layne Hamilton, who's the manager ofthat refuge, is here to answer any questions that you might have. There's some conditions, and I don't want to go through these individually unless you'd like me to. They were in your executive summary . COMMISSIONER COLETTA: No. MS. SULECKI: No, okay. These were agreed to by the Conservation Collier Committee. So we're here to request your approval to pursue the agreement with The Conservation Fund as the intermediary purchaser, we'd like to have you accept the Conservation Collier recommendations regarding the structures and the conditions, and then approval to execute the documents to proceed with a NA WCA grant application. And I'm here to answer any questions that you might have. CHAIRMAN HENNING: Commissioner Coletta has a question. MS. SULECKI: Yes, sir. COMMISSIONER COLETTA: I'm right here. MS. SULECKI: I'm sorry. COMMISSIONER COLETTA: That's okay. Okay. So we're looking at a total purchase price of2 million, Page 133 July 22, 2008 174 dollars (sic). MS. SULECKI: That's correct, sir. COMMISSIONER COLETTA: Six hundred fifty dollars. MS. SULECKI: That's the average of the two appraisal values. COMMISSIONER COLETTA: That's correct. And out of that we're going to receive a million dollars from the NA WCA? MS. SULECKI: We hope so. COMMISSIONER COLETTA: Well, is there a reasonable expectation to be able to get that money? MS. SULECKI: There is a reasonable expectation, yes. COMMISSIONER COLETTA: Okay. And then at the end, we're going to have the wildlife refuge purchase the land from us and also keep it in conservation easements; is that correct? MS. SULECKI: That's correct. And that's not guaranteed. That's just -- that's our hope that that will happen. COMMISSIONER COLETTA: Well, I mean, is there someone from there that could speak on this matter today so we can really size up the possibilities of that? MS. SULECKI: From U.S. Fish and Wildlife? COMMISSIONER COLETTA: That would be -- that would be wonderful. MS. SULECKI: Yes, sir. Layne Hamilton is here, and she can, perhaps, address you on that. COMMISSIONER COLETTA: Ms. Hamilton, please. MR. MUDD: For the record, state who you are, but please also state for the record that you have no relationship with the sellee of this particular property. MS. HAMILTON: I think I don't, but you never know. MR. MUDD: You have the same last name. I just want to make sure. COMMISSIONER COLETTA: I noticed that, too. MS. HAMIL TON: Yeah. This is -- I am Layne Hamilton. I'm Page 134 July 22, 2008 with the US. Fish and Wildlife Service. I am the project leader for 10,000 Islands and Florida Panther National Wildlife Refuge, and I am not related to the Hamilton family that currently owns the property. COMMISSIONER COLETTA: Well, this is pretty much a no-brainer, but tell me about the commitment or the reasonable commitment that we're hearing about, your agency coming up with the purchase price in the future. MS. HAMIL TON: This parcel was identified as a potential acquisition in our comprehensive conservation plan that was completed in 2002; however, at that time at what we call an acquisition boundary, which is an approved boundary around projects that we hope to acquire, was never completed. So this will be a phased approach. I have to get acquisition boundary approved by -- and that shouldn't take more than a year -- six months to a year. Once that's done, I can apply for funding through the U.S. Fish and Wildlife Service and through their land acquisition priority system. Because it's been part of the CCP, the plan, and it's in such good shape, it should rank fairly high. Also some of the other things that will rank it high is the fact that there's so much public use that can be allowed on it and -- from a compatible point of view, from water foul hunting, fishing, canoeing, wildlife observation, which are all uses that are currently going on on the adjacent property. And it will also fit into the fact that we're in the process of permitting a parking lot not far from there with a boardwalk and observation tower. So this will really supplement what we're doing. Once I get the acquisition boundary approved, that allows me immediately to go into a management agreement with the county where we will take over management while we see -- we work through the funding progress. COMMISSIONER COLETTA: And by taking over management, you would assume the responsibility and the expense it Page 135 July 22, 2008 would be maintain the property? MS. HAMILTON: Yes, we do that, and Ding Darling Refuge has several management agreements with the state where they do that. We currently have a management agreement on 13,000 acres of open water in 10,000 Islands that we co-manage with the state, and that allows us to enforce refuge laws and have an active law enforcement present. COMMISSIONER COLETTA: And you will be allowing reasonable access to this land for different recreational pursuits? MS. HAMILTON: Yeah. I mean, the way -- yeah. The way it's set up right now with the access is really great. It will allow for easy access to that area. And what -- I've also been talking to Collier Seminole State Park to see if we can do some cooperative projects with them, maybe a canoe trail the connects the refuge and the park. COMMISSIONER COLETTA: Oh, thank you. Sounds like it would be a good deal for everyone. But one more question. The money that comes back to us from the million-dollar grant and also eventually from the federal government, that money will be able to go back into Conservation Collier for more purchases? MS. SULECKI: Yes, it would. COMMISSIONER COLETTA: Motion to approve. CHAIRMAN HENNING: Okay. There's a motion on the floor to approve. COMMISSIONER FIALA: I'll second it for discussion, but I have a couple questions. CHAIRMAN HENNING: Second by Commissioner Fiala. Commissioner Fiala has a question, Commissioner Halas has a question. COMMISSIONER FIALA: Okay. It says here one of the parcels is 194 acres. What is -- MS. SULECKI: The parcel is 194 acres. COMMISSIONER FIALA: Oh. Oh, okay. One of the Page 136 July 22, 2008 properties on this list was a parcel approximately 194 acres. So I thought there were -- with structures, so -- but that's the only parcel? MS. SULECKI: That is the parcel. COMMISSIONER FIALA: Oh, okay. Fine and dandy. Were all four appraisals done through the county? MS. SULECKI: The first two and the -- the first set and the second set. The first set was done by the county with the county appraisers. The second set was paid for by the owner through the county's appraisers, all of our appraisers, all on our list. COMMISSIONER FIALA: Okay, fine. I just wanted to clear that up. And also, I've been trying to figure out where -- I saw where the circle was on the map, but I don't even know what the property looks like. Is it -- is it on a street or is it on a side street or -- MS. SULECKI: It's right off of US. 41. COMMISSIONER FIALA: Is it that property on the corner of US. 41 and the road to Everglades City? MS. SULECKI: Actually, I don't think I have -- COMMISSIONER FIALA: It doesn't have any pictures or anything in here. MS. SULECKI: -- a close-up map. COMMISSIONER FIALA: So I was just wondering if! could know what we're buying for $2 million. MS. SULECKI: Oh, that doesn't work. I'm sorry. Oh, okay. Here we go. Just south of Miller Boulevard -- I think you can see Miller Boulevard right there. Just -- you can see up in the corner the airboat operation that's going on right there. COMMISSIONER FIALA: And there's a building on there also? MS. SULECKI: There is a building, yes, chickee building. COMMISSIONER FIALA: Okay. Thank you. CHAIRMAN HENNING: Commissioner Halas? Page 137 July 22, 2008 COMMISSIONER HALAS: If this land is so important, then why doesn't the Northern American Wetlands Conservation Act go out and buy it themselves? MS. SULECKI: I don't believe that's their function to buy lands, but I'm not sure I can -- no, it's not. COMMISSIONER HALAS: Well, let me tell you where I stand at this thing. I want to tell you that the original estimate for this land appraisal was April 4, 2007. Here it is -- and this second appraisal was done May, 2008, and you want an additional $549,000 for the same land. Nothing else has been included on it. The price of land has basically gone down in Collier County, and I'm going to tell you right now, I'm not voting for it. Something doesn't smell right. MS. SULECKI: Okay. I do have an answer for that. CHAIRMAN HENNING: I don't think he was looking for -- I don't think there's a question in that. MS. SULECKI: Very good. CHAIRMAN HENNING: But I heard the same thing from the county manager, too. The -- using the conservation fund, is that a part of the committee's recommendations? MS. SULECKI: Yes, sir. CHAIRMAN HENNING: Okay. All this, what you're saying here, went through the committee, and their recommendation was a unanimous recommendation? MS. SULECKI: Yes, sir. CHAIRMAN HENNING: Okay, good. You have two speakers? MS. FILSON: Two. CHAIRMAN HENNING: Thank you. Is there any further questions? COMMISSIONER COLETTA: Well, just one. If you'd be so kind to point out the parcels on the other part that are already in Page 138 ---- .._---~,,- July 22, 2008 conservation easements or owned by the wildlife refuge, it would help. CHAIRMAN HENNING: You can probably just pull out. MS. SULECKI: I know, but I want to go backwards on here. There we go. Okay. We've got 10,000 Islands National Wildlife Refuge to the south of the property, to the west of the property is the Collier Seminole State Park, and to the north of the property touching it, you know, pretty much on all sides, is the South Golden Gate Estates restoration area and Picayune Strand State Park right here. So it's like the little hole in the doughnut. COMMISSIONER COLETTA: So this fills it in and makes it one continuous element as far as conservation? MS. SULECKI: Yes, sir, it does. COMMISSIONER COLETTA: All right. Okay. I understand. Thank you. CHAIRMAN HENNING: How far away is it from Pumpkin Bay. MS. SULECKI: I'm not sure where Pumpkin Bay is. CHAIRMAN HENNING: It's right next to Black Water River. COMMISSIONER FIALA: Oh, yeah, right. COMMISSIONER COLETTA: Where the mango trees-- CHAIRMAN HENNING: How many speakers? We have two speakers, Sue? MS. FILSON: Yes, sir. Are you ready? CHAIRMAN HENNING: Yep. . MS. FILSON: First one is Matt Sexton. He'll be followed by Layne Hamilton. MR. SEXTON: Good afternoon. Matt Sexton with the conservation fund. I mostly just wanted to make myself available to you if you had any questions about our role in this project. I do have one quick point of information. The North American Page 139 July 22, 2008 Wetland Conservation Act grant is a competitive grant program. It's not an entity that goes out and buys land, but it is a competitive grant program which we think this project will score very high on. But that's -- to answer your question, that's the reason why they don't go out and buy land. It's an application process. CHAIRMAN HENNING: Okay. MS. FILSON: The next speaker is Layne Hamilton. MS. HAMILTON: I've already spoken. CHAIRMAN HENNING: Okay. There's a motion and a second to approve staffs recommendations. Any discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. The motion fails for lack of a majority vote. MS. SULECKI: Thank you. Item #8H ORDINANCE 2008-41: PUDA-2007-AR-12043: FIRST ASSEMBLY OF GOD NAPLES, INC., BY J. DAVID MALLORY, PRESIDENT; AND MDG FOUNTAIN LAKES, LLC, WILLIAM L. KLOHN, PRESIDENT OF MDG CAPITAL CORPORATION, MANAGING MEMBER; BOTH OF WHOM ARE REPRESENTED BY ROBERT L. DUANE, AICP, HOLE MONTES, INC., ARE REQUESTING AN AMENDMENT FROM THE PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT TO THE MIXED Page 140 July 22, 2008 USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR A 69 ACRE PROJECT KNOWN AS THE FIRST ASSEMBLY MINISTRIES EDUCATION AND REHABILITATION MPUD, TO ALLOW MULTI-FAMILY UNITS, COMMUNITY FACILITIES AND CHURCH-RELATED USES. THE SUBJECT PROPERTY IS LOCATED IN THE NORTHEAST QUADRANT OF THE INTERSECTION OF COLLIER BOULEVARD (CR 951) AND THE LORDS WAY IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA - ADOPTED WISTIPULATIONS CHAIRMAN HENNING: We have a 2:00 o'clock time certain. MR. MUDD: Yes, sir. That particular item is 8H, which used to be 17J, and 8I, which is l7K, and I read, 8H, is, this item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's PUDA-2007-AR-12043, First Assembly of God, Naples, Inc., by 1. David Mallory, president, and MDG Fountain Lakes, LLC, William L. Klohn, president ofMGD Capital Corporation managing member, both of whom are represented by Robert L. Duane, AICP, Hole Montes, Inc., as requesting an amendment for the planned unit development, PUD, zoning district to the mixed-use planning unit development, MPUD zoning district, for a 69-acre project known as the First Assembly Ministries Education and Rehabilitation MPUD to allow multifamily units, community facilities, and church-related uses. The subject property is located in the southeast quadrant of the intersection of Collier Boulevard, County Road 951, and the Lords Way in Section 14, Township 50 south, Range 26 east, Collier County, Florida. It's a companion to petition RZ-2008-AR-12842. Commissioner Fiala asked for this to move from the summary to the regular agenda, and this has a companion item which used to be 17K, now 81. Page 141 -~ July 22, 2008 This item also requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's RZ-2008-AR-12842, Toll-Rattlesnake, LLC, represented by Robert Duane, AICP, of Hole Montes, Inc., is requesting a rezone of the innermost lO-acre portion of the First Assembly Ministries Education and Rehabilitation PUD for the planned unit development, PUD, zoning district, to the agricultural A zoning district. The subject property is located along the northern side of the extension of the Lords Way in Section 14, Township 15, Range 26, Collier County, Florida. Companion to petition PUDA-2007-AR-12043. Again, Commissioner Fiala asked that this item be moved to the regular agenda. CHAIRMAN HENNING: Okay. All wishing to participate in this item, including the general public, please rise and raise your right hand to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN HENNING: And we need to give ex parte communication. Commissioner Halas? COMMISSIONER HALAS: Yes, thank you very much. Under -- when it was under -- under PUDA-2007-AR-12043, in the past I have had correspondence, emails, and phone calls on this particular subj ect. I'll also give you my disclosure here on the second item, which is I, 81. Under RZ-2008-AR--12842, also in correspondence to that, I've had correspondence, emails, and phone calls on both these items. Thank you very much. CHAIRMAN HENNING: Thank you. I've had correspondence on these two items. I met with the petitioner and members of the church, received emails by the residents at Naples Reserves -- COMMISSIONER FIALA: Lake. Page 142 July 22, 2008 CHAIRMAN HENNING: -- Naples Lakes, and I also watched the Planning Commission meeting. Commissioner Fiala? COMMISSIONER FIALA: Oh, yes. I have so many. I'm going to try and name them all if I can, but -- members of their church, but including Pastor Mallory and Pastor Mallory's son and the petitioner's agents, and I've spoken to people from Naples Lakes, and there were a number of them, Ted Beisler is one of them, Jim Pusateri. There was another man in my office, but I don't remember his name. And then I've spoken to staff on numerous occasions, I've made telephone calls, I've read emails and I've done research and I've just done everything I could to look at this thing inside and out. Thank you. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes. I've been quite involved in this for a number of years. Recently I've met with Pastor Mallory, Bill Klohn, and Randy Johns. I had read multiple CDES weekly reports and multiple emails on this subject. COMMISSIONER FIALA: Randy Johns. That's another one I remember. CHAIRMAN HENNING: Okay. You're getting weekly CDES reports? COMMISSIONER COLETTA: Would you like to borrow them? I can forward them to you. CHAIRMAN HENNING: If you would. Would you forward them to me? COMMISSIONER COLETTA: I sure will. CHAIRMAN HENNING: Thanks. Mr. Klohn? MR. KLOHN: For the record, my name is Bill Klohn. I'm president ofMDG Capital Corporation, petitioner, for the Fountain Lakes CWHIP component of the project. Today we have Pastor Mallory and also Bob Duane with Hole Montes & Associates. As County Manager Mudd pointed out, this item was on Page 143 July 22, 2008 summary agenda and was pulled by Commissioner Fiala related to some questions that she may have had. COMMISSIONER FIALA: But none of them are for you, so if you want to just move this along. MR. KLOHN: Yeah. I was going to say, for the sake of time, why don't I sit down and we'll ask Pastor Mallory to come up. And if there's any other questions project-specific, I'd be happy to come back. Thank you. COMMISSIONER FIALA: Good. And I don't mean to cut this short, if anybody else has any questions, but if you'd like, I'll just get right to it. CHAIRMAN HENNING: Get to it. COMMISSIONER FIALA: Okay. I've already -- I called Pastor Mallory and left a message for him last night on his cell phone as well as talked with him a little bit this morning, so he knows my concerns. One of the parts of this mentions that they're going to have a cafeteria, and it said for residents and for visitors. I wanted to make sure this cafeteria doesn't become a soup kitchen because that changes the complexion of things and also of the neighborhood. I know what happens when we have campers near a soup kitchen. Is this going to be a soup kitchen? PASTOR MALLORY: David Mallory, First Assembly Ministries. No, it will not be a soup kitchen. COMMISSIONER FIALA: And it never will be? PASTOR MALLORY: No, it will not. COMMISSIONER FIALA: Okay. That was my first question, thank you. Secondly, what are you going to do as far as security goes? In a few places in this 315 pages they mention security issues. I just want to know what you're going to do to protect the people outside of your development because you're going to be taking in some troubled people. And what are you going to do to keep them inside and not let Page 144 July 22, 2008 them into other neighborhoods? PASTOR MALLORY: Some time ago a threat study was done by a former Sheriff Rogers, and we designed our project based on that. We do have a gatehouse. We are in the process of putting in gates and fencing. We have had a 24-hour security presence, which will continue throughout the project. Clients who are living with us, they are monitored, class attendance is taken, room checks are done to make sure that they're there at night, and severe restrictions with their coming and going are monitored as well. COMMISSIONER FIALA: Now, when you talk about fencing, can you tell me, aside from just separating yourself from the Fountain Lakes, where is your fencing around the facility that is going to house the most severe cases? PASTOR MALLORY: Right now our fencing goes as far as our exit onto the Lords Way. We will not be continuing the fencing down the Lords Way because the county has plans to take that street all the way nearly to the lake. At such time we'll see ifthere's room to build fencing all the way to 951. The building in question where we will be housing these people is at the far northeastern corner of our property. It is -- it is structured with security at every entrance. The individuals there will eat in the building, they will take their classes in the building. There's a gymnasium where they will exercise in the building. The only time they will be outside is to do menial tasks such as lawn maintenance and cleaning the facilities, those kinds of things. But they will not be roaming in the property and they will be monitored. COMMISSIONER FIALA: And lastly, because you have -- you're requesting a school there as well as a child day care center, just wanted to make sure that your ministry will not be taking in pedophiles or predators, sexual predators who might harm these children. Page 145 July 22, 2008 PASTOR MALLORY: Yes. We have a policy in place now where those individuals are not permitted to be on the property because we do bus in children. We have a love for children. We do have one individual now in the program who's registered. He is an individual that had relations with a girl just under 18 years of age, but he is listed as a sexual offender but he is not a predator. And we will not take predators nor will we take pedophilia. COMMISSIONER FIALA: Okay. That's just terrible important PASTOR MALLORY: Yes, it is. COMMISSIONER FIALA: -- as we look to the surrounding communities, because we're not talking about today. We're talking about next year and the following year and the years to come, and you're surrounded by neighbors, and we have to look for the protection of the surrounding neighborhoods. You've got a facility here that's very different than anything else we have in Collier County. PASTOR MALLORY: Well, we, too, Commissioner, share your concern and we are here in existence just to bless the county, not add to the problem, but to try to relieve the problem. COMMISSIONER FIALA: And I know that we'll be working closely with you. PASTORMALLORY: Yes. Thank you. COMMISSIONER FIALA: I think you've answered my questions. As far as the fencing goes, I'm still a little unclear as to where you were putting that. Are you going to have it around that building? You said you're going to have security at the doors? PASTOR MALLORY: Yes. COMMISSIONER FIALA: But no fencing there? PASTOR MALLORY: There are no plans for that at the present. I would be glad to show you -- we have a full-scale model of the building. I would love to show you exactly how it is and how traffic Page 146 July 22, 2008 will be monitored, pedestrian traffic. COMMISSIONER FIALA: Commissioner Halas has some questions? COMMISSIONER HALAS: Yes. Basically when I read through the agenda package, I think this is something that's greatly needed in the community. Correct me if I'm wrong, is this something similar to the Betty Ford place that is out in California where -- people that seek help for alcoholism and drug-related problem; is this what you're -- basically your facility is? They're people that want to be there? PASTOR MALLORY: Yes. It's very similar in nature with the added component that we are a faith-based ministry. COMMISSIONER FIALA: But isn't it also -- I'm sorry. I'm going to interrupt you a moment. Isn't this where -- now that you have the detox center there, where the Sheriffs Office -- this is what it was originally permitted to do -- can pick up anybody off the streets who's a problem to society and bring them there, right? Because right now they have no place to take them. PASTOR MALLORY: Yes. At this point we do not have the detox center. David Lawrence handles a few of those. Others are detoxed at Naples Community Hospital, some go as far as Lee County for detoxification, and then we will pick them up from that point. But they do, again, enter in. Sometimes they go to the Willough, sometimes they go to another institution for a 28-day program, then they come to us. CHAIRMAN HENNING: Commissioner Coletta? Are you finished? COMMISSIONER HALAS: No, I'm not finished. COMMISSIONER FIALA: I interrupted him. CHAIRMAN HENNING: Shame on you. COMMISSIONER HALAS: And so basically this is where-- families that incur a problem with one of their loved ones and they Page 147 July 22, 2008 finally get to the point where they say, hey, I've reached the bottom and now I want help? PASTOR MALLORY: Yes. COMMISSIONER HALAS: This is basically -- this is not a facility whereby people that do not want to be there are incarcerated in this particular environment? PASTOR MALLORY: No, sir. There are those that go through the courts and end up there. But, again, if someone is going to be placed in a faith-based program, they need to accept it as a faith-based program. COMMISSIONER HALAS: Okay. I think you answered my question. Thank you. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. Reverend Mallory, how many years have you been working on this vision? PASTOR MALLORY: I've been in Collier County 20. We've been working on it 18. We've always had a -- an uphill battle, as you know. And then when -- the day the drunk driver ran into one of our buses and killed five people, my son was one of them. The county, the county commission at that time, they attended the funerals, we got together, and they selected the property where we are, seeing that we needed to help individuals who were alcoholic, drugs, drug addicts so other families wouldn't suffer the grief we suffered. At that point we really resolved to continue the ministry. COMMISSIONER COLETTA: I can tell you from personal experience -- and I've worked for a number of social service agencies on their boards, the services you're going to offer is far and few between. It's a very difficult one to find open beds that can facilitate people that are recovering alcoholics or drug users. Strongly needed. David C. Lawrence Center is nothing more than a way station on the way to be able to get people to other facilities where they can get long-term care. I sure hope that this is something you're going to Page 148 July 22, 2008 bring to reality sooner rather than later. PASTOR MALLORY: Yes. It's just funding. CHAIRMAN HENNING: Can I ask a question, if you don't mind? COMMISSIONER FIALA: Sure. CHAIRMAN HENNING: If! remember right -- and it's been quite a long time ago -- you're different than the facility right down the street where they come and go to where you're going to house these people? PASTOR MALLORY: Yes. CHAIRMAN HENNING: You're going to have jobs for these people. The agreement is, they can't drink. If they do, they're gone, and that to accept the program that you provide to them? PASTOR MALLORY: Yes. CHAIRMAN HENNING: Otherwise? PASTOR MALLORY: It is a 12-month live-in program. There are classes every day. Again, we emphasize faith, the changed life. We have a 73 percent non-recidivism rate, which is quite high, and there's a great testimony of people who have been helped. Many people in our church sing in our choir, do our ushering, they former clients of ours. We have had people such as a senator's son, a pastor's wife of a church of 2,000 who is a closet alcoholic, the golf pro from Hilton Head, people like that, as well as individuals who are suffering from the economic collapse and have lost -- just lost their direction. CHAIRMAN HENNING: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yeah. This is going to be different than the one you had on Shadowlawn, right? PASTOR MALLORY: On Shadowlawn we're trying to relieve the homeless situation that were sleeping in the woods and urinating on the sidewalks. COMMISSIONER FIALA: Yes. Page 149 July 22, 2008 PASTOR MALLORY: And we wanted to provide a place for them. Yes, it is different. Weare removed from the triangle, which makes it quite different. COMMISSIONER FIALA: Okay. So you're not going to have any of that type of a thing in your facility, right? PASTOR MALLORY: No. COMMISSIONER FIALA: I know that the Sheriffs Office is looking forward to this because right now they haven't been able to put together the outdoor camping ordinance because you weren't open. They've been waiting so that they can pick these people up and put them someplace, and right now they have noplace to put them except for jail, and maybe they don't belong injail because they're just drunk, or maybe they -- you know, they need to put them someplace else, but they don't have a place right now. So they've been waiting for this, and I understand that. PASTOR MALLORY: And we're waiting, too. COMMISSIONER FIALA: I just wanted Commissioner Halas to know that it's not just people who want to go there to seek help, like a Betty Ford. It's actually people picked up off the street and put their for their own good, you know, for their own protection. And with faith-based, they're hoping to actually clean them up and get them into a productive road within the community. I'm going to vote for this, as you can tell. I just wanted to make sure that some of these things were on the record because I wanted to make sure these things didn't happen and that there were security measures in place. Thank you. COMMISSIONER COLETTA: Commissioner Fiala, would you mind if! made the motion for approval? It's my district. I'm very proud of what they're doing. COMMISSIONER FIALA: Oh, I wasn't going to make the motion. You can make the motion. COMMISSIONER COLETTA: I'd like to make the motion. Page 150 July 22, 2008 CHAIRMAN HENNING: Can we hear from the public speakers first? COMMISSIONER COLETTA: Of course, Commissioner Henning. However you want to do it. CHAIRMAN HENNING: Yeah. Because it might change -- you might want to add something or whatever, and I didn't want to get too far ahead. COMMISSIONER COLETTA: That's fine. CHAIRMAN HENNING: And I think we all agree we'll let you make the motion. Would you call up the public speakers. MS. FILSON: We have one public speaker. Ted Beisler. MR. BEISLER: Thank you, Commissioners. For the record, my name is Ted Beisler. I'm the general manager at Naples Lakes Country Club, and we're just across the street, west of 951 from Pastor Mallory and the First Assembly of God. And we did have some concerns, and you all have addressed them here today, and we appreciate that. You know, obviously we do not want a soup kitchen there. And security is an issue. And I'm still a little bit concerned with security because I've heard that we have security, but I don't know for sure what that security is, whether it's cameras, whether it's people. You know, we do have a guardhouse, but the guardhouse is not manned, so that's not per se security, so we do have some concerns with that. But other than that, you all have addressed it, and we do not have any disagreement at this time. CHAIRMAN HENNING: Thank you, Mr. Beisler. Commissioner Fiala? COMMISSIONER FIALA: I'm going to explain, one of the things -- the county just bought 99 acres next to Naples Lakes, but it's a preserve and so we're not allowed to mow that or clean it up. And so if there was a soup kitchen across the street -- we know what happens Page 151 July 22, 2008 when you've got a soup kitchen -- because I'm living with it here on the East Trail -- you've got people camping. And so they could be camping right there in our 99-acre plot of land right across the street and they could be eating there. But now we don't have that to worry about. That's what I wanted to safeguard these people in Naples Lakes against. Thank you. CHAIRMAN HENNING: I'm going to close the public hearing. Commissioner Coletta? COMMISSIONER COLETTA: It's my understanding the soup kitchen's been off the books for a long, long time. COMMISSIONER FIALA: I just wanted to put it on the record. There's nothing in here. COMMISSIONER COLETTA: That's fine. I make a motion for approval. COMMISSIONER HALAS: Second it. CHAIRMAN HENNING: Well, we need to know which item that we're approving. MR. MUDD: Commissioner, the first one we're going to do, okay, is on -- and we're going to do these in order -- 8H, and that has to do with the planned unit development for the First Ministries Education and Rehabilitation MPUD, and that has to do with -- to allow multifamily units, community facilities and church-related issues. And that used to be 171. Now it's 8H. COMMISSIONER COLETTA: I make a motion for approval. MR. KLATZKOW: Commissioners? CHAIRMAN HENNING: Yes. MR. KLA TZKOW: Do you want the PUD amended in accordance with your discussions? COMMISSIONER COLETTA: Yes. I think that, like Commissioner Fiala said, there's no mention in there about there won't be a soup kitchen, so it wouldn't be a bad idea to include that. Page 152 July 22, 2008 MR. KLATZKOW: So staff will be-- COMMISSIONER FIALA: And pedophiles. MR. KLATZKOW: Staffwill-- COMMISSIONER COLETTA: Pedophiles, just like was mentioned, and -- yeah, what was offered as being -- the fact of how they're going to operate should all be part of the records and part of the PUD approval. COMMISSIONER HALAS: And the recommendations by the Planning Commission. COMMISSIONER COLETTA: That's correct. MR. KLATZKOW: All right. So that staff is going to put in a prohibition on soup kitchens, staffs going to put a prohibition on registered sexual offenders and -- COMMISSIONER COLETTA: No -- yeah, the sexual-- COMMISSIONER FIALA: Sexual predators. COMMISSIONER COLETTA: -- predators, right. COMMISSIONER FIALA: Predators-- COMMISSIONER COLETTA: Predators, predators. COMMISSIONER FIALA: And pedophiles. COMMISSIONER COLETTA: Predators and pedophiles, right. Offenders are a different class that don't quite present a threat to society. MR. KLATZKOW: Okay. And staff is also -- do you want staff to put in a requirement that there be 24-hour security here or not? COMMISSIONER COLETTA: I'd like to hear from the petitioner again to make sure we understand what's doable. I don't want to put a burden upon him that's going to be impossible, so let's get that cleared up right now. PASTOR MALLORY: Again, David Mallory, First Assembly Ministries. Weare -- we have a plan ongoing now where -- is waiting for our permit to come out of the ground to go vertical with our family worship center. That plan has, I believe -- my son could correct me -- Page 153 July 22, 2008 35 cameras. Many of them are outdoors. And all of the cameras are-- there's a hard drive that goes with it so they are all recorded simultaneously, they are infrared, they actually see in the dark. And along with our 24-hour security who sleeps during the day, he's up during the night. And once the gates are on the gatehouse, the gatehouse itself will be manned. COMMISSIONER COLETTA: Okay. I thank you for that. Is there any questions about security as I continue on with this motion? (No response.) COMMISSIONER COLETTA: Okay. And incorporate that into the motion. CHAIRMAN HENNING: The -- and the motion by Commissioner Coletta is to approve PUDA-2007-AR-12043 with the last stipulations, and Pastor Mallory, you're going to have to stand up and state on the record that you agree with those added stipulations. Commissioner Halas, are -- is that part of your second? COMMISSIONER HALAS: Yes, it is. CHAIRMAN HENNING: Please, on the microphone. COMMISSIONER HALAS: Yes, it is. PASTOR MALLORY: David Mallory, Pastor, First Assembly of God. I agree with the recommendations. CHAIRMAN HENNING: I mean the added stipulations that Commissioner Coletta added? PASTOR MALLORY: Yes. CHAIRMAN HENNING: Okay. PASTOR MALLORY: Yes. CHAIRMAN HENNING: All right. Any further questions? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. Page 154 July 22, 2008 COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #8I ORDINANCE 2008-42: RZ-2008-AR-12842: TOLL- RATTLESNAKE, LLC, REPRESENTED BY ROBERT DUANE, AICP, OF HOLE MONTES INC., IS REQUESTING A REZONE OF THE EASTERNMOST 10 ACRE PORTION OF THE FIRST ASSEMBL Y MINISTRIES EDUCATION & REHABILITATION PUD FROM THE PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT TO THE AGRICULTURAL (A) ZONING DISTRICT. THE SUBJECT PROPERTY IS LOCATED ALONG THE NORTHERN SIDE OF THE EXTENSION OF THE LORDS WAY, IN SECTION 14, TOWNSHIP 50, RANGE 26, COLLIER COUNTY, FLORIDA - ADOPTED MR. MUDD: The next item is 8I, 17K. It's a companion to the item that you just approved, and this has to do with the 10 acres, the easternmost lO-acre portion of the First Assembly Ministries Education and Rehabilitation PUD. And you're basically asking for that 10 acres to be rezoned from PUD district to the agricultural A zoning district, and this is RZ-2008-AR-12842, Toll-Rattlesnake, LLC. COMMISSIONER COLETTA: Motion to approve. COMMISSIONER HALAS: Motion to -- second. CHAIRMAN HENNING: What is the AR number again, please? COMMISSIONER HALAS: No, it's RZ. Page 155 July 22, 2008 MR. MUDD: Sir, it's RZ-2008-AR-12842. CHAIRMAN HENNING: Okay, thanks. There's a motion by who? Commissioner Coletta, and seconded by Commissioner Halas. Do we have any public speakers? MS. FILSON: No, sir. CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. Thank you. Why don't we take a break for our court reporter and -- we have an agreement that we'll take 10 minutes about every hour and a half. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, Commissioners, you have a hot mike. CHAIRMAN HENNING: The next item is? Item #lOF RESOLUTION 2008-227: A RESOLUTION ESTABLISHING PROPOSED MILLAGE RATES AS THE MAXIMUM PROPERTY TAX RATES TO BE LEVIED IN FY 2008/09 AND REAFFIRM THE ADVERTISED PUBLIC HEARING DATES IN SEPTEMBER, 2008 FOR THE BUDGET APPROVAL PROCESS - ADOPTED AND DATES CONFIRMED Page 156 . _.,-...,....--- July 22, 2008 MR. MUDD: The next item, sir, is lOF, and that's a recommendation that the Board of County Commissioners adopt a resolution establishing proposed millage rates as the maximum property tax rates to be levied in FY-2008/09, and reaffirm the advertised public hearing dates in September, 2008, for the budget approval process. Mr. John Yonkosky, your office management and budget director, will present. MR. YONKOSKY: Mr. Chairman, Commissioners, good afternoon. As Mr. Mudd said, my name is John Yonkosky. I'm your budget director. On July 15,2008, you were provided a copy of the FY-2008/09 budget, the tentative budget, for Collier County. That budget in this request today incorporates the changes that you made during your budget workshops in June. Agenda item 10F, as in the title, is a recommendation for the board to adopt a resolution, which is required and, number one, establishes the maximum millage rate, maximum property tax rates, to be levied in FY-2008/2009 and, number two, reaffirms the public hearing dates that you established earlier when you set up the budget policy. One thing that I need to point out to you is that it's important to note that the proposed millage rates that you adopt today, they may not be raised subsequent to adoption of the resolution that you adopt today unless there is a very extended effort in advertising. That concludes the presentation. If there's any questions, I can answer them. CHAIRMAN HENNING: Questions? (No response.) CHAIRMAN HENNING: You want to take it in different motions? Page 157 July 22, 2008 MR. YONKOSKY: No, sir. It's-- CHAIRMAN HENNING: You want to do the resolution setting the millage rate for the budget and then take a motion on the meeting? MR. YONKOSKY: No, sir. The resolution contains both the advertised -- or the meeting dates and the maximum rates. CHAIRMAN HENNING: Okay. COMMISSIONER FIALA: I'd like to make a motion to approve the resolution as it stands. COMMISSIONER COLETTA: Second. COMMISSIONER HALAS: And I'll -- okay. CHAIRMAN HENNING: Motion by Commissioner Fiala, second by Commissioner Coletta. And there's -- Commissioner Halas, you have something to say? COMMISSIONER HALAS: Yes, I do. Do you want on the record the tentative budget review dates, which are September the 4th, 2008, and the second meeting will be September the 18th, 2008? Do you need that in the motion? MR. YONKOSKY: That is in the resolution, but it would help if it's in the motion. COMMISSIONER HALAS: Okay. MR. MUDD: And they start at 5:05 p.m. COMMISSIONER FIALA: Oh, okay, fine. I will include that in my motion. COMMISSIONER COLETTA: I include it in my second. CHAIRMAN HENNING: Okay. No further questions. Any public speakers? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. Page 158 ~'---._'~ July 22, 2008 COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. MR. YONKOSKY: Thank you, Commissioners. CHAIRMAN HENNING: Thank you. We are going to quit at 6:00 o'clock. Commissioner Coletta has a previous engagement. COMMISSIONER COLETTA: I appreciate that, Commissioner Henning. Item # lOG A BUDGET AMENDMENT TO RECOGNIZE REVENUE FROM LODGE ABBOT ASSOCIATES, LLC IN THE AMOUNT OF $3 MILLION DOLLARS AND APPROPRIATE WITHIN FUND (313). THE FUNDS WILL BE USED FOR THE V ANDERBIL T DRIVE CORRIDOR IMPROVEMENTS AND BRIDGE ENHANCEMENTS THAT RESULTED FROM THE SETTLEMENT OF LODGE ABBOTT ASSOCIATES, LLC V. COLLIER COUNTY, CASE NO. 05-967-CA - APPROVED MR. MUDD: Commissioner, that brings us to lOG, and that's a recommendation the Board of County Commissioners approve a budget amendment to recognize revenue from Lodge Abbott & Associates, LLC, in the amount of $3 million and appropriate within fund 313. Funds will be used for the Vanderbilt Beach corridor improvements and bridge enhancements that resulted from the settlement of the Lodge Abbott & Associates, LLC, versus Collier County, case number 05-967-CA. Mr. Norm Feder, your transportation services administrator, will present. Page 159 --"---..-, July 22, 2008 COMMISSIONER HALAS: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Halas to approve, seconded by Commissioner Fiala. And it's my understanding that part of the -- part of the motion is -- or part of this item is you're going to build a pathway along that whole corridor. MR. FEDER: There will be some pathway improvements utilizing one million of that three. The other two will go towards our fair share towards the bridge that the state is going to also be building with us. CHAIRMAN HENNING: Right. And knowing other pathways in the area that are really utilized, so the residents are really getting a good deal. Okay. Any questions, comments on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. MR. FEDER: Thank you. Item #lOH RECOMMENDATION TO OBTAIN DIRECTION AND AUTHORIZATION ON HOW TO PROCEED WITH MANAGEMENT OF THE CLAM BAY ESTUARY - MOTION TO APPROVE AGENDA OPTION #3 FOR THE DEVELOPMENT OF Page 160 '"-~"i- July 22, 2008 THE CLAM BAY ADVISORY COMMITTEE; FOR THE COUNTY ATTORNEY TO BRING BACK AN ORDINANCE EST ABLISHING THE COMMITTEE WITH APPOINTMENTS BY THE BOARD AND REPORTING TO THE CAC - APPROVED 3/1 (COMMISSIONER HENNING OPPOSED); MOTION FOR MEMBERS TO INCLUDE A MEMBER FROM PBSD, PELICAN BAY FOUNDATION, RESIDENTS FROM: SEAGA TE, NAPLES CAY, DISTRICT #1, DISTRICT #3 AND DISTRICT #5 - APPROVED 4/0; COMMITTEE REVIEWED WITHIN ONE YEAR TO DETERMINE SUNSETTING - CONSENSUS APPROVED MR. MUDD: Commissioner, next item is 10H. It's a recommendation to obtain direction and authorization on how to proceed with the management of the Clam Bay estuary. Mr. Gary McAlpin, your coastal zoning management director, will present. MR. McALPIN: Thank you. For the record, Gary McAlpin, coastal zone management. Commissioners, on the June 24th board meeting you directed staff to develop a proposal for the countywide management of the Clam Bay estuary. You asked us that this plan be not devoted to any individual neighborhood organization or municipality and that it include the entire estuary and be managed by representatives of the surrounding municipalities, including the stakeholders. We looked at this, and we came up with three options for your consideration. The first option would be develop -- would be to develop a Clam Bay advisory committee which would be appointed by the Board of County Commissioners and report directly to the Board of County Commissioners. The second option would be to place the management and control of the -- of the Clam Bay estuary directly under the CAC. And a third option would be for -- to develop a Clam Bay Page 161 July 22, 2008 advisory committee appointed by the Board of County Commissioners and report to the Coastal Advisory Committee. Any of these options would work. Staff is in favor of a separate Clam Bay advisory committee appointed by the Board of County Commissioners, reporting directly to the Coastal Advisory Committee. The Coastal Advisory Committee is a highly respected board who has a history of dealing with difficult issues very fairly. In their charter, they have the -- the direction that they provide the Board of County Commissioners guidance and recommendations on management pertaining to coastal zone management policies, including coastal and estuary habitat protection and restoration. If we establish a Clam Bay advisory committee, we could focus the management directly with the affected stakeholders. The Board of County -- the Coastal Advisory Committee, just to refresh everybody's memory, is made up of three members -- a cross-section of the community made up of three members from the county, three members from the City of Naples, and three members from the City of Marco Island. We would recommend that the Clam Bay advisory committee deal with specific issues and focus directly on the issues of Clam Bay, that it be made up of a seven-member committee appointed by you. The first member would be a representative from the Pelican Bay Services Division, which we would suggest either be the government affairs chairman of Pelican Bay Services Division or the chairman of Pelican Bay Services Division. The second representative would be a member of the Pelican Bay Foundation, and that member, we're suggesting, would be a board member of the Pelican Bay Foundation board. We would suggest that the third representative be a representative from the City of Naples, which is a councilperson. The fourth representative be a member of Seagate, which is on -- which is a part of the Seagate Homeowners' Association board. Page 162 '-~-'-." ------~.,_.~---~-" -_.._-~ July 22, 2008 And then lastly, one representative from District 1, one representative from District 3, and one representative from District 5. The -- we would look for the Clam Bay advisory committee to be tasked with addressing the immediate permit issues, developing a comprehensive long-term plan, and then dealing with the day-to-day operations of the estuary. The county attorney has reviewed this and is -- for legal sufficiency and approved it. This -- from a funding point of view, a financial impact point of view, no TDC funds would be used in the management of this advisory committee, the Clam Bay advisory committee. One of the tasks that the Clam Bay advisory committee would do would be to make recommendations to this board on funding issues and recommendations. And Mr. Chair, we're looking for your direction and approval on this item. Thank you. CHAIRMAN HENNING: Thank you. How many public speakers do we have? MS. FILSON: Eight. CHAIRMAN HENNING: Okay. Do you want to go to public speakers first, or do you have questions? COMMISSIONER HALAS: No. I'll -- go to the public speakers first. CHAIRMAN HENNING: Okay. And if we could-- MS. FILSON: Kathy Worley. CHAIRMAN HENNING: Ifwe could stay on point, that would be great. I know this is a very emotional issue. MS. FILSON: Kathy Worley. She'll be followed by Marcia Cravens. MS. WORLEY: Hi, Kathy Worley, the Conservancy of Southwest Florida. I'm the codirector of environmental science there. And the Board of County Commission's indicated at their last Page 163 July 22, 2008 meeting that they intended to appoint a committee of stakeholders to address the management and protection of the Clam Bay system. In order for this -- the committee in question to function as intended, its composition should be further explored. According to the executive summary, it was suggested that seven members be appointed to this. In addition to these, in my opinion, it doesn't represent the full range of stakeholders and experts that are needed to provide the necessary technical expertise needed for decisions about the future of the Clam Bay system. First, if we could expand the number of stakeholders to include at least three technical experts such as a hydrologist to deal with mixing and tidal flow issues, and a mangrove biologist to deal with the mangroves, and also a marine or estuarine ecologist to deal with the health of the system as a whole. As these experts would provide objective scientific opinions on the management of this system, there should not be any perception of a conflict of interest. And as such, they should not be employed by the county or be seeking bids towards working in the system. I believe this would keep this -- their opinions objective. And secondly, as any permit -- permitting of future projects in Clam Bay would require state and federal permits, perhaps it would be useful to have a representative of the Corps and FDEP as part of the committee's technical resources, not necessarily on the committee, but as a resource to the committee. And this will understand -- allow for an understanding of the agency's perspectives prior to the plan becoming active and hopefully cut through any disagreements early on in the procedure. In addition as the projection of -- this system has been part of past and current Corps and DEP permits. There would be value added to ensuring that any projects in this system are compatible with any past permit conditions that are still in place. Thank you. Page 164 July 22, 2008 MS. FILSON: The next speaker is Marcia Cravens. She'll be followed by Jim Burke. MS. CRAVENS: Good afternoon, Commissioners. Thank you for the opportunity to speak. What we have with the Clam Pass and Clam Bay as conservation area is pretty special. It's a shining example of what government is encouraging everywhere. What we have is a publiclprivate partnership between Pelican Bay and Collier County governing the Clam Pass conservation area for not just 10 years, but nearly 30. This came about with the creation of the Pelican Bay community. This process included some unfortunate destruction of coastal wetlands, just like every other coastal development. But in this instance -- CHAIRMAN HENNING: Do you have guidance on the item on the agenda? MS. CRAVENS: About the -- CHAIRMAN HENNING: The makeup of the committee. MS. CRAVENS: Yes, sir. CHAIRMAN HENNING: That's what we have on the agenda. MS. CRAVENS: Yes, sir. It was an impressive example of desired mitigation. When the Corps reported 570 acres of wetlands and waters to be set aside as a conservation area, the developer had no qualms about it and welcomed the opportunity. From day one, Pelican Bay was created in conjunction with the conservation area and has partnered with the county managing the conservation area. This included a county park which provides public access through the preserve. The developer did not just give the conservation area over to Collier County and abandoned it. No. Through the PUD it was detailed that the community of Pelican Bay would continue their Page 165 ~'-------r' '0 July 22, 2008 responsibility. I would ask you to not destroy this partnership; expand it, improve it, but don't destroy it. We can come to an agreement over signage. We all want to come to an agreement. So let's expand this partnership. I think it's a good thing, but only if the county continues to let the people remain responsible. CHAIRMAN HENNING: Can we -- can you give us -- we have three options here. MS. CRAVENS: Okay, sir. CHAIRMAN HENNING: Do you have a different one? MS. CRAVENS: Well, of course, my recommendation to you would be to endorse option A. I believe that only the commission has the authority to create an organization that is representative of the people. I would ask that you choose and appoint one individual from each of your five districts. I ask you to choose five people who are willing to do the hard work of being informed to the greatest extent possible so that they may, themselves, make informed recommendations directly to you. I do agree with Kathy Worley from the Conservancy that it would also maybe be a good idea to add technical experts to this and that you might also want some resource people from the agencies that you'll be dealing with. Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: The next speaker is Jim Burke. He'll be followed by Tom Cravens. MR. BURKE: Well, Mr. Chair, my name is Jim Burke, and I'm a member of the Pelican Bay Services Division in my eighth year, and I'm in my second year on the Coastal Advisory Committee. To preface my remarks, I want to say to you, I first bought in Pelican Bay some 21 years ago, and there wasn't much in Pelican Bay; Page 166 July 22, 2008 then, but what closed the deal, the real estate agent put us on a tram and took us through the mangrove forest on the existing boardwalk. We come out to the beach; that was it. We were closed. We loved it. Now, I get on -- eight years ago I got on the service division board for one reason, my commitment to Clam Bay. So for 10 of the -- eight of the 10 years of that permit, I've been up to my ears with it, and we've restored that. So if anything, my commitment to Clam Bay has increased over the last eight years. I'm dedicated to it. That's my preface. CHAIRMAN HENNING: Number one, option one? MR. BURKE: It's that simple? CHAIRMAN HENNING: I'm trying to -- I would like to stick-- MR. BURKE: Okay. I'm option three. CHAIRMAN HENNING: Okay. MR. BURKE: And I've been -- I've had this for a couple days and I've spent a lot of time going up and down on it. But I believe it's the best possible solution. We do need an advisory committee that can work with the whole county and the whole community, but I think having the guidance of the Coastal Advisory Committee over it would be a wonderful way to start this committee off on the right foot, okay. And I think the composition of it, as I've mentioned to you, the composition of it is well done, two Pelican Bay, two city, and then one from each of your districts. And then the technical advice and all the other stuff you need, you get as you need it, and they can participate. But to expand the committee to 15, 19, 18 people would not work. So I think this is well structured. CHAIRMAN HENNING: Thank you. MR. BURKE: Thank you. MS. FILSON: Tom Cravens. He'll be followed by Meredith Dee. MR. CRA VENS: Good afternoon, Commissioners. My name is Page 167 --~t July 22, 2008 Tom Cravens. I'm the president of the Mangrove Action Group, and the Mangrove Action Group is a group of Pelican Bay residents who started this whole thing about the restoration process of the mangroves. One of the things -- I would like to say I favor option one. I see no need to involve multiple layers of government. I see this as being the simplest and most straightforward approach. I do have two other comments I'd like to make. I don't think that anyone appointed to this committee should be in any way in a position to financially benefit from the decisions made by this group. The second thing is, it concerns me a little bit. Pelican Bay residents voted to tax themselves to pay for the 1 O-year mangrove restoration project. We're the ones who are paying it. We pay our taxes, of course, to the county, and then the county gives us our money back, which is an arrangement which I don't particularly like, but it's the only way we could do it. If this estuary is going to be managed for the whole county, it would seem to me that the whole county should be shouldering the same tax burden that the residents of Pelican Bay are. Thank you, Commissioners. MS. FILSON: Meredith Dee. She'll be followed by Ned Renfroe. MS. DEE: Good afternoon. I'm Meredith Dee. I've been a Seagate residents for 11 years. I am a board member on the Seagate Homeowners' Association. As far as which option, I guess option one. I would say that to keep the group small. My only concern with the seven-member committee proposed is that we would like to have both a Seagate Homeowners' Association member as well as a Seagate Beach Club association member. And also we wanted to go on record of the few concerns, one being to keep the group small. I think part of the issue at hand is Page 168 July 22, 2008 because we've had so many people involved with so many different opinions, and it's very hard to get any decisions made. So however that can be put on record, to keep the group small. Seven members is fair. The other issue of concern is timing, and I don't know if this can be dictated in any way, but the longer this issue drags on, we still have grave concerns about safety for the boaters and for the swimmers. We'd prefer to have a quick resolution to this issue; have the markers put in to preserve everybody's safety. And that's it. Thank you for your consideration. CHAIRMAN HENNING: Thank you. MS. FILSON: Ned Renfroe. CHAIRMAN HENNING: Oh, Commissioner Halas has a question. Ma'am? Commissioner Halas has a question. COMMISSIONER HALAS: Yes. If you -- I don't know if you had the privilege to look at the agenda, but you basically had a breakdown of the amount of people that were going to be on the committee. MS. DEE: Right. COMMISSIONER HALAS: Okay. And I believe that if you look at this, I think it's a good cross-section and I think that Seagate is also well represented in here, and also you have somebody from the city council that's on this. MS. DEE: Right. COMMISSIONER HALAS: So I think that you have an equal -- I think you have an -- there's equilibrium on this committee because you have Seagate and then you also have the city that's involved. And one of the things that people have to realize is that Collier County has been giving about $240,000 to this restoration area, but we need to have -- make sure that all of the county is involved in it because the waterway just doesn't belong to one group. It belongs to everyone. Page 169 July 22, 2008 MS. DEE: Right. That's understood. COMMISSIONER HALAS: Okay. MS. DEE: Thank you. MS. FILSON: Next speaker is Ned Renfroe. He'll be followed by Robert Rogers. MR. RENFROE: Hi. My name is Ned Renfroe. I'm a resident of Seagate for seven years. And I'm not sure what our options were again, but we would like to be as represented as we can with this committee because I think we're one of the prime stakeholders being on this waterway. And it was mentioned before what brought a person to Pelican Bay. Well, I was brought to Seagate because I can live on the water and I can take my family fishing and boating. That is my prime concern. And if we need to get markers to protect the bathers, I think it's a good thing. Thank you. CHAIRMAN HENNING: Thank you. MS. FILSON: Robert Rogers. CHAIRMAN HENNING: Mr. Rogers? (No response.) MS. FILSON: Rich Yovanovich is your-- CHAIRMAN HENNING: Don't even go there. MR. YOVANOVICH: Waive, Sue. MS. FILSON: That's it. CHAIRMAN HENNING: Okay. I have a question for staff. Do you have a question? COMMISSIONER HALAS: I'm going to make a motion. CHAIRMAN HENNING: Okay. My question is, since the Clam Bay is in the county, why do we need a city resident or city council member on it? MR. McALPIN: The Clam Bay estuary, part of it is in the county and part of it's in the city. The small southern part is in the city, and that's where the Seagate representatives are and also where Page 170 July 22, 2008 Naples Cay is. So on the southern half of Clam Bay, outer Clam Bay, lower Clam Bay, whichever you want to call it, is in the City of Naples. CHAIRMAN HENNING: Why don't you have a Naples Cay resident there? I mean, it -- why is it -- I mean, all our committees, except for when you deal with TDC funds and coastal areas -- because that has -- all over the county you have representation from municipalities, but -- MR. McALPIN: In developing this committee, Commissioner, the -- most of the concern had come from the Seagate neighborhood. They're the ones with the boating docks and the interest in the boating. So we thought the makeup would be best enhanced with a member from the Seagate board and also a member from the City of Naples, which then could represent Naples Cay or any other community from a City of Naples point of view. See, we're trying to accomplish both. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: I agree with you. Why not just one from Seagate and one from Naples Cay? CHAIRMAN HENNING: Yeah. COMMISSIONER FIALA: It seems to make more sense because they're directly affected by it. CHAIRMAN HENNING: Right. Okay. Commissioner Halas, you want to make a motion? COMMISSIONER HALAS: Yes. I'd like to make a motion for option three, and we can discuss how many people are going to be on this. But I think that the way that staff put this together, I think, is a good representation. It gets people from District 5 and District 3 who have never had a say in regards to coastal items, it gets them involved in the process because, let's face it, all of these waterways not only belong to certain communities, but they belong to the whole county. COMMISSIONER FIALA: And I second your motion. CHAIRMAN HENNING: Okay. The majority of the residents Page 171 July 22, 2008 want option one, which would be under the Board of Commissioners. COMMISSIONER HALAS: Well, let me explain this action, too. We have the CAC group, C-A-C group, who has an awful lot of experience in this area. And I think that with this group that will -- we, as the Board of County Commissioners, will appoint as we take all the applications and it will be brought out out in the sunshine, and we can then specify if you'd like in addition to this, if you think that we need expertise. But I feel that what Mr. Burke brought forth is that we can address this when needed if they need expertise on this. And if it goes through the Coastal Advisory Committee, I believe that they know more about the estuaries and I think that what they can do is help guide this group so that we get what we want to get accomplished not only in Clam Bay, but I believe, I'm hoping, that we can carry this on to other estuaries that need to be addressed here in the State of Florida or in Collier County. CHAIRMAN HENNING: Okay. You done? COMMISSIONER HALAS: Yep. CHAIRMAN HENNING: I'm not going to support that because that isn't what the majority of the people wanted, and we have -- it would nice, just like we do other committees, the EAC, the Planning Commission, and DSAC makes recommendations, and it all comes to the Board of Commissioners. They go through the CAe. That's going to be lost in that committee, and then it's going to come to us. So I don't know why we can't just have a committee that reports directly to the board. Commissioner? COMMISSIONER COLETTA: Thank you. Yeah, I'm in agreement with Commissioner Halas. I'd just as soon have somebody that has more expertise on the subject matter than I do listening to it first to be able to sort out the facts, and so when it comes to us, all the issues are pretty much worked out, we have a more cohesive plan to Page 172 July 22, 2008 be able to work. So I'm supportive of item three myself. CHAIRMAN HENNING: Well, that's a byproduct, and that might even work out, a byproduct of, they report to the CAC and the Board of Commissioners. COMMISSIONER COLETTA: Well, after it goes through the coastal advisory group. CHAIRMAN HENNING: And then they come to us. COMMISSIONER COLETTA: Yeah, of course. I mean, everything has to come to us eventually. COMMISSIONER HALAS: Exactly. That's what I had in mind. CHAIRMAN HENNING: Mr. Klatzkow, does that work with you that we have this committee report under the CAC and then come to the Board of Commissioners also and report? MR. KLATZKOW: If that's the will of the board, yes. CHAIRMAN HENNING: Okay. Well, then if that's what you're saying, then I can support that. COMMISSIONER HALAS: What they're going to do is they're going to go through the CAC, and then the CAC then brings up that recommendation to us. COMMISSIONER COLETTA: Yes. CHAIRMAN HENNING: No, that isn't what was just said. COMMISSIONER COLETTA: I'm sorry. Maybe I was misunderstood. But I was thinking of the coastal advisory group bringing it back to us. CHAIRMAN HENNING: Oh, okay. COMMISSIONER COLETTA: And this being a subgroup of the coastal advisory group. That was my thoughts. CHAIRMAN HENNING: It's being a subcommittee of the coastal advisory -- COMMISSIONER COLETTA: Well, yes, more or less, because they're not reporting directly to us. The nicest part about it is it's the expertise of the coastal advisory group to be able to weigh into it. Page 173 July 22, 2008 They'll be able to deal with the public on a first-one basis, rather than get them all in front of us, and as expertise -- the expertise that we think we have doesn't match up to these people that are working with the subject matter on a day-to-day basis. That's why I think that three is the best way to go. CHAIRMAN HENNING: Yeah, and that CAC is supposed to be a technical advisory board, and we need to correct that and get that there. Okay. No more -- any further discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? Aye. Motion carries, 3-1. Commissioner Henning dissenting. Now, the makeup of the board? I prefer the makeup of the board being, you know, what was that, Naples Cay, Seagate, Pelican Bay Services Division, Pelican Bay Foundation, and a member of Direct 1, District 3. COMMISSIONER HALAS: District 5. CHAIRMAN HENNING: District 5. COMMISSIONER FIALA: I agree. Is that a motion? CHAIRMAN HENNING: Yes. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Discussion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER HALAS: Aye. Page 174 July 22, 2008 CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Opposed. Motion carries unanimously. Can we get a -- can we do this by resolution or ordinance? MR. KLATZKOW: Let's do this by ordinance. We'll bring it back. CHAIRMAN HENNING: Okay. It's going to be a short committee. MR. KLATZKOW: We hope. Do you think it's going to last more than a year? CHAIRMAN HENNING: It's going to last less than a year; is that right -- is that how you envisioned it, Mr. McAlpin? MR. McALPIN: Commissioner, we envisioned this as being a permanent committee to work through the issues associated with this estuary and then the management of it as a permanent committee working through the CAC, because once we identify the master plan, it's in the implementation of the master plan. CHAIRMAN HENNING: Okay. I thought this was going to be -- I prefer to get this done with and give direction on who's going to do the management of it. The real issue is the ebb shoal and the markers, right? MR. McALPIN: Those are one of the -- those are some of the issues. The other issues are water quality, and that is -- and the plan that deals with the water quality that's coming in from the City of Naples. That's one of the reasons why we thought it was so important that we have a representative from the City of Naples there because there is a -- the flow of water coming from the Seagate canals and also the -- from Venetian Bay. Page 175 July 22, 2008 And for us to be able to treat this estuary as a whole, we also have to deal with close coordination with the City of Naples, and that's why we wanted someone from the City of Naples to participate with us on this committee. CHAIRMAN HENNING: But I asked you a direct question. Why do we have to have a city council member on there? And now we're hearing it after the vote. MR. MUDD: There's a city council member on CAe. MR. McALPIN: We have a city council member on the Coastal Advisory Committee and also on the TDC, sir. CHAIRMAN HENNING: No. I asked you why do we need a city council member on this committee -- MR. McALPIN: But we thought -- CHAIRMAN HENNING: -- and you stated it's because of the representation of Naples Cay and Seagate that the -- that a member of city council ought to be on it. If you would have said that we need it because there's more issues that needs to be dealt with, such as water quality and their participation in that, it would have been a lot easier for us to deal with that. So now you had a committee that we're dealing with these same issues; is that correct? MR. McALPIN : We had a work group. CHAIRMAN HENNING: Are you going to still have this work group meeting? MR. McALPIN: That's up for this -- that's up for this committee to decide how they want to move forward with that and make those decisions, Commissioner. CHAIRMAN HENNING: Now, how long did you plan on having this work group together? MR. McALPIN: Until we developed a master plan, Commissioner, for this and we're able to integrate the master plan into this. Page 176 July 22, 2008 CHAIRMAN HENNING: Well. You have so many estuarine system thought all of Collier County. Can you imagine if we would have a group for each one of those on an ongoing basis? That would issue wieldy. MR. McALPIN: For the county, which we have -- we have three estuaries, we have the Clam Bay estuary, we have Vanderbilt Lagoon, and then we have Wiggins Pass estuary. So we have three groups, and -- that we would -- you know, ultimately we have three estuaries, significant estuaries in the county. CHAIRMAN HENNING: Well, we have the CAC to recommend it on those coastal issues. I don't know why we need all those other groups. It just eats up money and time. MR. McALPIN: We're not suggesting that we have any other group other than the Clam Bay estuary. We could certainly, under the CAC, deal with the Wiggins Pass estuary and also the Vanderbilt Lagoon under them. So what we're saying is that for this estuary, because it crosses the county and the city and that's why -- and there was so much concern about the interrelation, we could not deal with this unless we dealt with this in whole. And you asked for a recommendation, and this was our recommendation coming back to the board. CHAIRMAN HENNING: Well, it wasn't in here that I could read that it was going to be a permanent committee. And, you know, that's why we have the CAC, again, is to do this. This is an emotional issue. Let's just address those issues and sunset the committee. Does anybody have a problem with that? Commissioner? COMMISSIONER HALAS: I believe that the other issues that we have there is some water quality issues that Mr. McAlpin brought up that need to be addressed, and the reason that we want representation from the city is we're hoping that if there are some issues there, the city's going to help step up to the plate and address these issues so that it's taken care of so that it's a waterway that's Page 177 July 22, 2008 pristine for not only just Pelican Bay but all the residents that border up with this piece of water. CHAIRMAN HENNING: Oh, absolutely. But again, if that was said why we need a city council member on there, I think we could have dealt with it at that time. But I want to get some -- we need to give some direction -- COMMISSIONER HALAS: I think we've got it taken care of. CHAIRMAN HENNING: Don't interrupt, please. COMMISSIONER HALAS: I think we have it taken care of, sir. CHAIRMAN HENNING: Be cordial. We need to give the county attorney some direction on this committee if it's a, you know, three-month, six months, or a life appointment with every other year replacement of members and so on and so forth. COMMISSIONER HALAS: Well, I think what we have to do is first establish this, and then I think we need to look at the overall picture of what's going to be required. This may only be a short committee of three to six months. And as they get involved in it, it may be something longer. And at that point in time, I think that's the -- that would be the point in time to really address where this committee's going to go. First of all, I think what we need to do is just to get a committee established, and then at that point in time, let them tell us or tell CAC what needs to be addressed. CAC then can tell us, and along with their representation of this group, tell us what the shortfalls are or that they have got the problem solved. CHAIRMAN HENNING: Can you write an ordinance with that kind of direction? MR. KLATZKOW: The ordinance I was going to write for the board's consideration would be for a two-year term for every member, because that's fairly typical. If the board wanted to make it less or greater, that would be fine. If the board wanted to add a sunset clause, that would be fine, too. But from what I'm hearing, this is -- sounds Page 178 July 22, 2008 like it's going to be a permanent committee. CHAIRMAN HENNING: It's just going to eat up money. I don't know if it's really necessary. COMMISSIONER COLETTA: If I may. This committee, when they've reached a point that they have served the main purpose, they could go into meeting just maybe three times a year, two times a year. It doesn't have to be something that's every month. I mean, we don't want to create something that's just going to keep busy. It should have a purpose. And we get a chance to reevaluate these committees on a regular basis. We could even put it in there where we can reevaluate it after a year and a half. CHAIRMAN HENNING: Why don't -- COMMISSIONER HALAS: Excuse me. I would hope that the committee, once they obtained their goals, they would say, hey, there's no sense in us being involved in this anymore. Let's get rid of this committee. CHAIRMAN HENNING: That never happens. We need to give guidance. Commissioner Coletta, I think, made a perfect suggestion, is, let's -- the committee will be reviewed within one year for sunsetting. And at that time -- at that time we can consider whether it needs to be sunsetted or not. Okay? The next item. Item #lOK RESOLUTION 2008-228: A RESOLUTION APPROVING AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE A LOCAL AGENCY PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, WHICH AGREEMENT IMPLEMENTS UP TO $750,000 FOR THE DESIGN AND CONSTRUCTION OF DYNAMIC MESSAGE SIGNS BY COLLIER COUNTY, WITH REIMBURSEMENT BY THE FLORIDA DEPARTMENT OF Page 179 July 22, 2008 TRANSPORTATION - ADOPTED MR. MUDD: Yes, sir. That would bring us to 10K. It's a recommendation to approve resolution approving and authorizing the chairman of the Board of County Commissioners to execute a local agency program agreement with the Florida Department of Transportation which agreement implements up to $750,000 for the design and construction of dynamic message signs by Collier County with reimbursement by the Florida Department of Transportation. Mr. Bob Tipton, your traffic operations director, will present. MR. TIPTON: Commissioners, for the record, Bob Tipton, traffic operations director. The local agency program for a static-mounted dynamic-message system was identified and recommended by the Congestion Management System/Intelligent Transportation System Committee of the MPO. It was approved by the Collier County MPO and placed in the Florida Department of Transportation work program. Under this project, the Florida -- the Federal Highway Administration will pay 91 percent of the cost of this. The county's share is 9 percent, which we can pay in kind. And seeing as how we'll be doing the construction inspection and such, it will greatly reduce our cash contribution. The program actually is $250,000 for the design phase and $500,000 for the construction phase. Design phase to start in next calendar year, fiscal year, and construction starting in '09/1 0, to be completed in that fiscal year. Design section of the project will basically have five products that we're looking for. The structural standard that we will use throughout to reduce costs; the sign standards which will allow us to use repetitive sign installations, also saving costs; the communication standards that we can use to communicate between the traffic management center and the signs themselves. We will identify the Page 180 July 22, 2008 sign locations where they need to be to best serve the motoring public with giving the word of anything that might come up. We had a situation just last week, everyone's aware, with the Jolly Bridge closing. It was a good example of what we're doing now, having people -- and we four guys out trying to round up variable message signs, get them down to 951 and 41 to warn people that the bridge was closed so they wouldn't be driving all the way down to the bridge and then finding it closed. Ifwe'd had these signs in place, we could have instantly sent the word out to those arterials approaching that intersection and taken care of the situation very easily. Also during this design phase, we will be coming up with operation protocols on how to use the signs, what types of messages to use, and we will be going to a public meeting also to show the public what kind of design standards we're having and the locations. The aesthetics on these, they're not like the giant sign boards that are out on the interstate that people are used to. These are quite different, aesthetically pleasing. They're about the size of a sheet of plywood; roughly four foot by nine foot. They mount easily to a mast arm or to a small structure that you could easily place without being obtrusive. And with a standard design, we will be able to fill the locations during this project. And if the situation ever should arise that we wanted one someplace else, it'd be very easy to take our standard and just install it. COMMISSIONER FIALA: Motion to approve. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: Motion by Commissioner Fiala to approve staffs recommendation, second by Commissioner Halas. I have just a question. Can we hold off on this until we adopt a new sign code? MR. TIPTON: That's certainly up to you. CHAIRMAN HENNING: Pardon me? Page 181 July 22, 2008 MR. TIPTON: That would be certainly up to you. It may require modification. We're not sure how your sign code would affect the traffic management signs such as this. That's something where we're going to have to interface. These are not the advertising or the commercial-type signs. We're supposed to have this executed by September 30th. MR. FEDER: Commissioner, I understand your question. We do have an issue on trying to execute the LAP, but we can try to hold off to a September meeting. When will you have more information on the sign ordinance? CHAIRMAN HENNING: Pardon me? MR. FEDER: When do we expect to have more-- CHAIRMAN HENNING: The LDC is probably not going to be till October. The LDC amendments? Mr. Schmitt is shaking his head no or he's shaking it this way, so -- MR. FEDER: We recognize that the idea of illuminated signs may be a problem in the sign ordinance. So the question is, if you give us authorization to proceed, you may be establishing some direction to us to possible exemption subject to once you get your sign ordinance telling us whether or not you're going to allow us to do that. CHAIRMAN HENNING: Right. MR. FEDER: And then we could go through the LAP agreement and then back off if we had to at that time. But we need some guidance as to whether or not we proceed with the LAP agreement. It seems like a good item for the county and good information for the county, but realize that we have to fall within the sign ordinance or a possible exemption of that sign ordinance if it's the board's decision. MR. SCHMITT: For the record, Joe Schmitt. Commissioner, the -- we do not regulate any of these signs unless you choose to do so in the LDe. But right now our sign code does not cover any of the Department of Transportation. These are all Page 182 July 22, 2008 controlled by the Department of Transportation codes and ordinances as far as size, color, those type of criteria. So our sign code does not cover any of this unless you choose to have it -- to do so. CHAIRMAN HENNING: Okay. Well, I appreciate that. Can you answer another question of mine? MR. SCHMITT: Yes, sir. CHAIRMAN HENNING: Have you talked to the expert that we hired to change the sign code? MR. SCHMITT: The issue -- I've talked to the expert, not about this specifically. The issue that we're dealing with was the movable signs, and our sign code expert is looking at the entire sign code. Of course, you prohibit mechanical-type signs or signs with movable letters except for time, temperature, and some of those things. That's one of their concerns. But this is a traffic control sign. It is not part of the sign code unless -- CHAIRMAN HENNING: It's an informational sign. MR. SCHMITT: Okay. CHAIRMAN HENNING: And what -- you know, you're going to advertise things that the county does or in case of an emergency? MR. SCHMITT: I'll leave that to Bob. MR. TIPTON: That would be in case of emergency. We wouldn't normally use these for things that the county does. These are not the variable message signs that were discussed in the consent. With these changeable message signs, these are for maintenance of traffic issues. They are to let people know if there's an evacuation, what route to take. CHAIRMAN HENNING: Safety. MR. TIPTON: Yes. If! could put this on. CHAIRMAN HENNING: Great. I'm okay. Commissioner Coletta? COMMISSIONER COLETTA: Just one quick question. Could this be used for an Amber Alert? Page 183 July 22, 2008 MR. TIPTON: Yes, it could be. CHAIRMAN HENNING: Okay, great. Discussion? (No response.) CHAIRMAN HENNING: All in favor? COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #10E RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS PROVIDE THE COUNTY MANAGER OR HIS DESIGNEE WITH GUIDANCE ON MAKING AN OFFER FOR THE PEPPER RANCH, A PRIORITY CYCLE 5 CONSERVATION COLLIER ACQUISITION PROPOSAL, CONSIDERING AN ACTUAL APPRAISAL VALUE THAT IS HIGHER THAN ORIGINALLY ESTIMATED AND RECOMMENDED CONDITIONS OF SALE - MOTION TO MAKE AN OFFER OF THE $33.2 MILLION WITH CHANGES TO THE AGREEMENT AND BRING BACK AN AGREEMENT TO THE BOARD FOR APPROVAL - APPROVED 4/0; MOTION FOR STAFF TO PURSUE INFORMATION REGARDING COMMERCIAL PAPER "SHORT TERM" FUNDING- APPROVED 4/0; DIRECT COUNTY STAFF TO PROVIDE A REPORT ON PANTHER CREDITS' WORTH - APPROVED MR. MUDD: Commissioner, that brings us to our 3:30 time Page 184 July 22, 2008 certain, and that's a recommendation that the Board of County Commissioners provide the county manager or his designee with the guidance on making an offer for the Pepper Ranch a priority cycle five Conservation Collier acquisition proposal, considering an actual appraisal value that is higher than originally estimated, and recommended conditions of sale. Ms. Alex Sulecki, your senior environmental specialist, will present. MS. SULECKI: Good afternoon, again, Commissioners. For the record, Alex Sulecki, coordinator for the Conservation Collier Program. And I'm here to tell you today that for the Pepper Ranch, we've had two appraisals done. We did have some questions that sparked an adjustment to accurately account for the value of the 985-acre stewardship sending area, SSA 7. We have an offer value we believe is a good deal for the county, and also a fair market offer to the owners. We have pursued this mainly in our usual way except that when the value adjusted downward, we kind of lost our primary reason to be here, which is still in the title. But at the present time, the offer value is below the estimate. But we're here anyway to honor that this is a large and important purchase, and so we are conservative, and we would like to advance with your approval. I'd also like to tell you about a mitigation study that was done by our county consultant, and this mitigation study was not really part of your executive summary because it doesn't speak directly to property value, but it does speak to a potential value for the county for mitigation. This is a secondary opportunity. It's another piece of information for you to consider, and you're welcome to review this study if you'd like. The purpose of the study was to determine if there was potential Page 185 July 22,2008 for mitigation and to be able to tell you what that potential is. And our consultants say that there is significant potential for the county to use the Pepper Ranch as mitigation for internal projects. And there's also the opportunity, perhaps, to use a portion of the ranch for mitigation purposes and another portion to separate off and for a Florida Communities Trust grant. So there are some opportunities here. Also I'd like to tell you that the CREW Trust has offered to partner with us for a $350,000 contribution. And at this point it's verbal only. Our attorneys can work out the details for the agreement, which will come back for your review. Brenda Brooks, the CREW manager, is here today in case you have any questions about that, and Commissioner Fiala, you're on the -- that committee. So I was there when they made that motion and -- to contribute that, so I know that firsthand. I'd also like to tell you that your Conservation Collier Committee has unanimously recommended proceeding to make the offer of 33.2 million with specific conditions, and our chair, vice-chair, may be here if you're interested in asking questions. I have some other slides. I'm not sure what questions you have. I have some slides that are going to value, so I don't want to take up too much of your time. So would you like to continue with the presentation or would you simply like to ask questions? COMMISSIONER COLETTA: Yes. CHAIRMAN HENNING: I think we want to ask questions. At least Commissioner Coletta does, and Commissioner Halas. MS. SULECKI: Maybe my slides will speak to your questions. COMMISSIONER COLETTA: Regarding the partnership that we're talking about with the CREW lands -- MS. SULECKI: Yes, sir. COMMISSIONER COLETTA: -- is this going to do anything to impede our management plan as far as public access to this property? Page 186 July 22, 2008 MS. SULECKI: No, sir. COMMISSIONER COLETTA: So in other words, this is just over and above what we already have planned to do, a little bit of icing on the cake, money that we've freed up to use other places? MS. SULECKI: It's very similar to Starnes. I don't know the exact details. It might not be exactly like the Starnes, but they would be a minor partner in the property. COMMISSIONER COLETTA: Okay. The other question would be regarding the funds coming in from Florida Forever possibly, or who was that organization you were talking about, if we didn't claim the mitigation? MS. SULECKI: Florida Communities Trust. COMMISSIONER COLETTA: Florida Communities Trust. MS. SULECKI: There's some opportunity. COMMISSIONER COLETTA: Right, okay. Now, if -- but we would have to give up the credits that would be on that portion in order to be able to collect that, right? MS. SULECKI: Well, we can't both get a grant and get mitigation credit. We can do one or the other, and we could split a line and do both. COMMISSIONER COLETTA: Let's talk about that for a moment. Mitigation credits are a for-sure thing. We know what they are worth. MS. SULECKI: Correct. COMMISSIONER COLETTA: We know that they're there. And we know that they're the one thing that will probably keep our road program relatively whole for a long time to come. We don't know for sure about the grant. The grant's an iffy thing, right? I mean, it could happen; it may not happen? MS. SULECKI: Yes, sir. COMMISSIONER COLETTA: Yeah, so I'm not really-- MS. SULECKI: It's just an opportunity to tell you about. July 22, 2008 COMMISSIONER COLETTA: No, I understand. But I'm really not excited about that, you know, trying to leverage money that we already got against money we might get. MS. SULECKI: I understand. Bird in the hand. COMMISSIONER COLETTA: Exactly. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: What about the oil and gas rights? Where do we stand on that? MS. SULECKI: There's an agreement and it was in -- attached to your executive summary. The agreement initially stated that all the oil and gas rights would be retained on the ranch, but subsequently that agreement was modified, and Conservation Collier Committee recommends that we retain -- we buy, with the land, all of the oil, gas, and mineral rights except for two quarter sections that are under lease and are pumping oil currently. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Alex -- I'm sorry. Did you have a question? COMMISSIONER FIALA: Go ahead. CHAIRMAN HENNING: Has the committee talked about the CREW Land Trust partnership? MS. SULECKI: That was presented early in the whole conversation about Pepper Ranch as we went through the committee, so they are well aware of it, yes. CHAIRMAN HENNING: Okay. Because it's my understanding that will limit the activity on this property. MS. SULECKI: You know, I don't believe so, but what I would like to do is ask Brenda to come up because I think there is a little misunderstanding about CREW and what they can do on CREW lands. CREW would not be directing the public access on Pepper Ranch, should you choose to purchase it. But let me have her explain what they do. Page 188 July 22, 2008 CHAIRMAN HENNING: No. I'm going to ask questions. MS. SULECKI: Very good. CHAIRMAN HENNING: I think Commissioner Coletta's -- all along has assumed that there's going to be hunting on this, camping, and other activities. Can those still take place with the partnership approved? MS. SULECKI: I believe that they can, but I'll let Brenda answer for you. MS. BROOKS: For the record, Brenda Brooks, executive director for CREW Land and Water Trust. Absolutely they can still-- it's what we currently do on the CREW lands now. We work in partnership with FWC for the hunting. They have the lead agency, just like we would be allowing you guys to be the lead agency on the Pepper Ranch, just like you guys have done with Starnes. We'd give you more money if we had it. It's just that we don't have more money to give you. CHAIRMAN HENNING: What about mineral rights, mineral exactions? MS. BROOKS: It would be taken care of just like we did with the Starnes property. MS. SULECKI: Excuse me. Can I add to that? Starnes was a little different because the mineral rights were severed from oil and gas and there was a whole bunch of them that were scattered around the country. Here we have one owner that would be conveying them with the surface rights. CHAIRMAN HENNING: Let me ask you the question. In our executive summary is a letter from Lake Trafford Ranch. Did the committee see this? MS. SULECKI: Yes, sir. CHAIRMAN HENNING: Okay. And they're in agreement to sever the units? Well, the -- MS. SULECKI: The units or the credits? Page 189 July 22, 2008 CHAIRMAN HENNING: The LLP wants to keep the credits but not sell them. MS. SULECKI: The credits that have been severed off the stewardship sending area, they are severed. They aren't there anymore. They belong to the owners. They walked away in their pockets. CHAIRMAN HENNING: Are you saying that's what the letter says, but the existing credits are going to stay? MS. SULECKI: There are some -- if I'm understanding your question correctly, there are some credits remaining that tie to the mitigation plan, the restoration plan. Those will not be granted to the owner because the restoration will not be done. CHAIRMAN HENNING: And that's what -- that isn't what it says here. The other thing is about cleaning the property. It's kind of like a partnership. They're not going to clean the property ahead of time? MS. SULECKI: Yes, sir. I believe the agreements were that they were going to remove all the solid waste, all the buildings except for the ones that we asked for them to leave. COMMISSIONER FIALA: We don't have an agreement in our agenda packet. There's no agreement here. MS. SULECKI: Well, you have the letter with their terms, and then in your executive summary it tells you what the committee on July 14th, the Conservation Collier Committee, recommended. CHAIRMAN HENNING: Right. But you keep on referring to agreement, and it's just not here. MS. SULECKI: Well, I can -- I can ask you to speak with the owners directly because they are here and perhaps they can give some light on that. CHAIRMAN HENNING: This letter, the committee talked about it. MS. SULECKI: Yes, sir, okay. Page 190 July 22, 2008 CHAIRMAN HENNING: Okay, great. You answered my question. MR. MUDD: Commissioner, this action is to offer -- is to basically make an offer to the owners of Pepper Ranch for the purchase. CHAIRMAN HENNING: With -- understanding their letter is a part of the negotiation offers. MR. MUDD: Yes, sir, and we come back to you, based on the acceptance to the offer, and if there's any conditions to it with an agreement, and that comes back at a future meeting. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: I'll just hold my comments until after we have the speakers. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes. Just to make sure that I understand fully, the panther mitigation will be left intact, is that right, credits that we can use on that? MS. SULECKI: The panther -- there are panther habitat mitigation credits available, yes. COMMISSIONER HALAS: And they will stay with the property? MS. SULECKI: Yes, sir. COMMISSIONER HALAS: So the county can use this as a benefit for road building or any other problem? MS. SULECKI: Yes, sir. When there's a -- you have a bundle of rights with your property, and one of the rights when you buy fee simple is to use it as mitigation. COMMISSIONER HALAS: Okay. Well, will we be able to use this property also for mitigation of wetlands? MS. SULECKI: Yes, sir. COMMISSIONER HALAS: Good. CHAIRMAN HENNING: Okay. Page 191 July 22, 2008 MS. FILSON: Ready? We have 10 speakers, Mr. Chairman. Fred Thomas. He'll be followed by Richard Rice. MR. THOMAS: For the record, I'm going to be a little schizophrenic today. My first speaking will be as the chairman of your Master Plan and Visioning Committee. And back in November -- in October, we visited this question, and our committee made a recommendation to support it, and I sent a letter dated the -- November 3rd, to Alex Sulecki, I'm sorry, support from the committee supporting that particular issue. Okay. Now, take that hat off, as the wildlife photographer, I'm going to show you some pictures of the kind of recreation you can have out there that we need to preserve, okay. And one way to preserve it is for us to buy it and use it for recreation land to make it a part of an effort that we have in Immokalee to make Immokalee a tourist destination point, especially for high-end ecotourism. You can see more game in and around Immokalee, especially on the Pepper Ranch, than you can see in Costa Rica, and I've gone trying to look for it there. I'm extremely proud of the families of Sandhill Cranes that we have out on that property. So we need to keep that, to not let the present owners or anybody, future owners, come in and try to develop it for any other use other than recreation. Thank you. MS. FILSON: The next speaker is Richard Rice. He'll be followed by Richard Grant. MR. RICE: Richard Rice, executive director of the Immokalee Chamber of Commerce. One of the nice things about following Fred Thomas is there's not an awful lot left for you to say. But as Immokalee and Eastern Collier County continues to move forward and become the economic base for Collier County, it's going to be important for us to preserve land for recreational purposes. So, therefore, we would stand in support of this. Page 192 July 22, 2008 More and more people move out that way. The demand is going to be greater, so we do support it. MS. FILSON: Richard Grant. He'll be followed by Judith Tryka. MR. GRANT: Good afternoon, Commissioners. I'm Richard Grant. I'm an attorney. I represent Lake Trafford Ranch, LLP, which is the owner of the Pepper Ranch property. The two general partners there are with me if you were to have questions. I'm going to be very brief, which is, first of all, thank the county for the process that's been followed. It's been going on for about a year. It's been very thorough. My client has certainly tried its best to answer all the questions that have come up to assist the county in understanding and comprehending what this property entails. And it's been very thorough. The staff has had a number of concerns that have been raised. We tried to take the initiative to address them in a manner that we felt would be very satisfactory to the county, and that's basically the subject of the letter that Commissioner Henning was referring to and the attachment to it in terms of remedial actions that the ranch is prepared to take. I don't really have any other comments. If you have questions, I'd be happy to answer them. I would ask, at the end of the -- conclusion, if you have questions, that I be allowed to come back up and answer them. Other than that, I have no more comments. Thank you very much for your consideration. MS. FILSON: Judith Tryka. MS. TRYKA: Yes. I cede my time to Jennifer Hecker. MS. FILSON: Jennifer Hecker. She'll be followed by Will Kriz. MS. HECKER: Good afternoon, Commissioners. Thank you for allowing us to have the opportunity to comment. Jennifer Hecker with Page 193 July 22, 2008 the Conservancy of Southwest Florida here to represent our organization and our over 6,000 members. Today you have a legacy opportunity before you towards ensuring a sustainable future for Collier County residents. In protecting one of the county's most environmentally important areas, the 2,500-acre Pepper Ranch has long been recognized by state and local agencies and conservation groups alike as a priority parcel for public acquisition. We brought some exhibits just to demonstrate where it sits within existing publicly preserved lands. Based -- it has been a priority based on its critical hydrologic and wildlife corridor connection and values that it provides. I just want to take one moment to elaborate on its exceptional and natural resource value. As this exhibit depicts, the ranch is the headwaters of the Cocohatchee Slough, which flows through the Corkscrew Regional Ecosystem watershed public lands and the Corkscrew Swamp Sanctuary, as well as eventually into the Cocohatchee River and the Wiggins Pass estuary. Additionally, it flows into Lake Trafford, and as such, provides important filtering and runoff retention needed to protect the lake's water quality. The lake is currently not meeting state water quality standards, and recent science shows that there needs to be a 60 percent reduction in nitrogen and a 77 percent reduction in phosphorous in order to restore the lake's water quality. Due to the Pepper Ranch's size and location, it will be critical in achieving that. Because of the ranch's undeveloped state and size, the ranch also currently offers ample aquifer recharge, which is imperative to maintaining our public water drinking water supply. Additionally, the entire parcel has been designated as an essential habitat for maintaining the current population of the critically endangered Florida panther, as well as for other wildlife. As many of you have had the fortune to go out and enjoy the Page 194 July 22, 2008 ranch, you also know its intrinsic natural beauty and the unique recreational opportunities it would afford Collier County citizens if acquired. Questions were raised as to whether or not the ranch would afford any wetland mitigation to offset any wetland impacts in Collier County projects. This exhibits depicts that the wetland mitigation basins that the South Florida Water Management District uses to determine that Pepper Ranch is within the west Collier basin. And communications with district staffhave confirmed that. That means that any credits generated from the ranch could be used to offset impacts from almost anywhere in Collier County. We thoroughly support the county's acquisition of the Pepper Ranch parcel and believe it to be one of the most outstanding opportunities ever presented to the Conservation Collier program. The landowners should be commended, not only for the voluntary nomination of this parcel, but also for their voluntarily committing to undertake a number of additional actions that the county desired and maintaining that commitment despite the appraised value being adjusted significantly lower after making those commitments. We applaud their interest in seeing such an important parcel being acquired and preserved rather than potentially being developed in mind. If this parcel is not conserved -- in conclusion, if this parcel is not conserved and its land use is intensified, its important water quality and supply as well as wildlife and recreational benefits would be significantly lessened, if not lost forever. Additionally, the already publicly preserved lands and natural systems that depend on the hydrologic and wildlife connectivity that this parcel offers would be diminished as a result. Understandably, this is a significant investment for the county, and it has undergone additional scrutiny as a result. We understand that this will have to come before you again for final approval, but Page 195 July 22, 2008 since it may be difficult for the citizens to come and express their support, to come, again, we would ask each person in the audience at this time who is here in support of the acquisition of Pepper Ranch to please stand, if you would. Together, we all urgently request your full support for the county to proceed in making an offer to acquire the Pepper Ranch. Thank you very much. MS. FILSON: The next speaker is Will Kriz. He'll be followed by Marco Espinar. MR. KRIZ: Good afternoon, Commissioners. My name is Will Kriz. I'm vice-chair of the Conservation Collier Land Acquisition Advisory Committee. And I would just ask you to consider that we've -- the committee has voted unanimously to recommend that we go forward with the acquisition, and I urge you to support it. Thank you very much. MS. FILSON: Marco Espinar. He'll be followed by Brenda Brooks. MR. ESPINAR: Good afternoon, Commissioners. My name is Marco Espinar, and I'm one of your fellow board members on Conservation Collier, and I'm here to lend my support for this acquisition. And I also want to add that I am the chair for the land management subcommittee. And, Commissioner Coletta, we are looking at hunting. Believe me, I'm an avid hunter and fisherman all my life, and that is one of the top priorities -- COMMISSIONER COLETTA: Thank you. MR. ESPINAR: -- as is horseback riding and a lot of other primitive camping. And so we're taking all those items under serious consideration. COMMISSIONER COLETTA: Don't forget the Boy Scouts and Girl Scouts. Page 196 July 22, 2008 MR. ESPINAR: Absolutely, absolutely. And I lend myself to any questions from any of the commissioners. I'll be in the audience. Thank you. MS. FILSON: Brenda Brooks. She'll be followed by Susan Calkins. MS. BROOKS: For the record, I'm Brenda Brooks, executive director of CREW Land and Water Trust. CREW, Corkscrew Regional Ecosystem Watershed, as you already know, spans Lee and Collier County. We're a nonprofit organization formed in 1989 with the mission of preserving and protecting this watershed. On behalf of the CREW board of trustees, I would like to express our support for the acquisition of the Pepper Ranch. This 2,500-acre parcel is contiguous to CREW and lies within the CREW project boundaries as defined by the South Florida Water Management District. The success of the CREW project is in its partnerships. I'm sure you all understand the importance of preserving our water supply and aquifer recharging areas, not only for the present, but for the future. The CREW Trust sees the value of acquiring the Pepper Ranch, and as a result, has agreed to contribute 350,000 towards the purchase. As I said earlier, if we had more we would give it to you. With more than 42,000 acres of this 60,000-acre watershed already in preservation, we see Pepper Ranch as a very important addition. The South Florida Water Management District, the CREW Trust, Lee County, Corkscrew Swamp Sanctuary, Collier County, plus many others have already invested in the CREW project, those that have the vision to see we have a responsibility to maintain and preserve our vital resource of water. The resource is already there. All we need to do is protect it. As development in Collier County continues, the preservation of Page 197 July 22, 2008 these intact natural systems -- intact is extremely important. It's already there. They must be maintained and at least a parallel alignment with the growth and development in order to meet the demands of the increasing population. I cannot emphasize enough the importance of protecting these natural systems. The Pepper Ranch is part of a hydrology of CREW. The CREW Trust sees that all the pieces of the watershed are important, but certain pieces playa more critical role. And the Pepper Ranch certainly does play one of those critical roles. It assures that this headwaters area will be protected for the research of the groundwater. Besides the ecological importance, Pepper Ranch could be a jewel as one of Collier County's outdoor recreation areas. The CREW Trust has been very successful in its public outreach program and would be a willing resource to help Collier County do the same thing at Pepper Ranch. There is a saying. In the end, we conserve only what we love, we love only what we understand, we understand only what we are taught. The CREW Trust helps to get people out in those natural areas, and we do so -- and we do this very hard. We get people out there, we -- and we get them hiking, primitive camping, environmental education, and we just continue to do this with great success. We can only imagine the opportunities that Pepper Ranch would offer. The CREW Trust asks that Collier County continue to move forward in its acquisition efforts of Pepper Ranch. And I just met with the Boy Scout group for about two hours, and we're going to get a whole group of Boy Scouts out to CREW. So we're extremely-- we've always partnered with them. So thank you for your time. MS. FILSON: The next speaker is Susan Calkins. She'll be followed by Brad Cornell. MS. CALKINS: Good afternoon. I've followed this for a long time because about seven years ago or eight maybe at this point, was . Page 198 July 22, 2008 my first introduction to Pepper Ranch, and at that time also Fred Thomas who was talking about the tremendous value of that property. And not only ecologically, but also as an ecotourism site. And I was very excited about that at the time because I had just come back from studying ecotourism, and I could see tremendous -- just tremendous. So I have since also -- as a Florida Master Naturalist, I also totally understand what a tremendously (sic) piece of property it is. So I'm here to speak not just for myself, but for a number of people who I know who are not here today who I know are folks who are very grateful that we have people willing to put this very important natural resource up for sale to the county, and I think we have a tremendous opportunity, I think, will be a great legacy for this commission. So I certainly hope you go ahead with this. Thank you. MS. FILSON: Your final speaker, Mr. Chairman, is Brad Cornell. MR. BRADLEY: Good afternoon, Commissioners. I'm Brad Cornell, and I'm here on behalf of Collier County Audubon Society and Audubon of Florida that owns Corkscrew Swamp Sanctuary. Weare very supportive of this acquisition and we highly recommend it for your approval to make this offer to the owners. I do want to note one thing that I think goes hand in hand with that, and that is that on the mitigation value we would hope that any county agencies that are looking for mitigation from this ranch participate in the funding of this important acquisition as well. That's only fair because Collier County voters approved Conservation Collier as a conservation land program, not a mitigation program. So participating in the support of that would make sense. So Collier County Audubon Society and Audubon of Florida strongly support making the offer of $33.2 million for Pepper Ranch with the stipulations and terms of sale that are recommended by your Land Acquisition Advisory Committee and the staff. This is going to be one of the most historic conservation accomplishments in Collier Page 199 July 22, 2008 County public history, and it complements the exemplary rural land stewardship area program that you already have in place that surrounds this ranch. So it makes sense from every perspective. Thank you. CHAIRMAN HENNING: Thank you. I have a question for the County Attorney's Office, and I gave that to the county manager, the underlined part, which is number three. It doesn't sound like what it says in three is what the board's understanding -- MR. KLATZKOW: I was talking to Mr. Mudd earlier, and my recommendation to you would be on any motion to move forward with this, that you retain the option to first approve the purchase agreement because the devil's in details, all right, and to ensure yourself that you have these credits that you can use, all right, because CHAIRMAN HENNING: That isn't what that says there. MR. KLA TZKOW: I understand that. Mr. Mudd and I had a brief conversation on that. And the other thing I would caution is just because there are credits here doesn't mean that the county's going to be able to use them. CHAIRMAN HENNING: Now, I have to really question, did the committee see this letter because -- scoot it up just a little bit. MR. MUDD: You want the letter, sir? CHAIRMAN HENNING: Well, there's the letter, but it says -- if you scoot that piece of paper up, it says -- MR. MUDD: This one? CHAIRMAN HENNING: Yes. It says 1 of2, page 1 of2. MR. MUDD: Yes, sir. CHAIRMAN HENNING: Scoot it up so everybody else can see it. Where's number 2? MR. MUDD: This is number 2. This is 2 of 2. CHAIRMAN HENNING: Okay. Did the committee see that? MS. SULECKI: Yes, sir, the committee did see both 1 and 2 Page 200 July 22, 2008 pages. CHAIRMAN HENNING: Okay. And they agree with this, except for, the problem is, that is not the Board of Commissioners' understanding. Can you put that back up, please. And I think at the end it talks about -- no, I'm sorry. Flip it over one more. At the end of this page, with the approval of conservation -- well, there's -- there's an agreement. It's saying there's an agreement on the seller and the county about the cleanup from the activities that's been happening on here. And let's flip it over to the back side. A portion of the process -- that -- this agreement, I cannot agree on. MS. SULECKI: Can you tell me exactly what the issue is? CHAIRMAN HENNING: Well, the biggest issue is is the owner, the seller, will retain the credits. MS. SULECKI: Well, perhaps there's maybe a misunderstanding between the mitigation credit and the SSA stewardship credits. CHAIRMAN HENNING: You cannot get any type of panther or mitigation credits without those units. MS. SULECKI: No. I think we're talking about the stewardship credits that have already been removed from SSA 7. That's my understanding. CHAIRMAN HENNING: That isn't what it says though. That isn't what the agreement says. MR. GRANT: Can I clarify, Commissioner? Would you permit me to do that? CHAIRMAN HENNING: Sure. Did you write this? MR. GRANT: I did. CHAIRMAN HENNING: Okay. MR. GRANT: So I'll take responsibility. I thought it was clear and I thought up until now everybody else understood it, but let me clarify. Page 201 July 22, 2008 Again, I'm Richard Grant. I'm the lawyer for the owner of the property. Item number three on the list says the seller is going to retain, and not seller convey, stewardship sending area credits established pursuant to the existing stewardship easement agreement. That refers to stewardship credits under the Collier County Rural Land Stewardship Program, and there are some specific credits that have already been created, and there's been an easement impressed upon a portion of the property in support of that, and that's the only credits that it is talking about the seller retaining. Other credits that might be developed either, A, in the future under the Collier County stewardship program -- and there are some additional credits that could be developed under that, and any credits under any other program, federal panther habitat, wetlands mitigation, are going with the property. CHAIRMAN HENNING: Yeah. That isn't my understanding. Our attorney, who is representing the board in the benefit of the taxpayers and not the property -- this property needs to be in the benefit of the taxpayers. MR. GRANT: I understand. CHAIRMAN HENNING: And I can't agree to anything on there without the county attorney. MR. GRANT: Well, I'm attempting to explain to you what it says, and I think I'd like to see it clarified right now of this confusion because it is certainly the owner's intention that any credits that are capable of being developed go with the property, that the only credits that are not going are those that have already been severed. As I recall, back in January when this was first considered by the commission, there was discussion about whether or not the county would even buy the existing credits or why. First of all, it never occurred to us that the county even wanted them. It seems that the county had made it clear that they did not want them. They'd already been severed. Page 202 July 22, 2008 So all this is talking about is clarifying what we have always understood is the county's desire. There's certainly no intention to keep anything else, and anything that needs to be said to make that clear, I think we can do. CHAIRMAN HENNING: I think the board -- what the board said just recently when the landowner wanted to sever more credits, is, why should we buy the property if it has severed credits? MR. GRANT: Oh, I'm not sure that the owner ever said he wanted to sever any more credits. CHAIRMAN HENNING: Had an application for it. MR. GRANT: No, I don't know that that's correct. MS. SULECKI: There was an -- MR. GRANT: I think you're talking about some amendment to the Compo Plan. MS. SULECKI: That was to change the designation of the land. There's still another operation that severs credits, and those credits are still -- they're not even with the land at the moment. MR. GRANT: Right. CHAIRMAN HENNING: I'm willing to kick it down the road but not with this agreement. MS. SULECKI: Well, could we clarify in the final agreement that comes to you, could we clarify that? MR. GRANT: Exactly, yeah. Isn't that the way we do that? CHAIRMAN HENNING: Mr. Klatzkow? MR. KLATZKOW: Yeah. The way -- one approach the board could take, should you decide to make the offer, would be to make the offer subject to entering into a purchase and sale agreement that is acceptable to the board, all right? So you're kicking it down the road, you're agreeing to the purchase price, but we're going to have to come back to you with a purchase and sale agreement that you're comfortable with. And if you're not comfortable with it, we'll walk away. Page 203 July 22, 2008 CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Good. I'd like to make a motion then that we -- that we make our 32 -- $33,200,000 offer on this property with the stipulation that we work out this -- the wording on this credit so that it -- CHAIRMAN HENNING: Go ahead. COMMISSIONER FIALA: -- so that it meets Commissioner Henning's, and all of our, objectives, and I'd also like to state that this is a wonderful piece of property, and I know that we can work it out. There's wildlife benefits and ecotourism benefits, and so I'm sure that you can work the wording out with our county attorney to reach our objective. MR. GRANT: I would think so. COMMISSIONER HALAS: I'll second that motion. COMMISSIONER COLETTA: Did we have a motion, Commissioner Fiala? COMMISSIONER FIALA: I do. COMMISSIONER COLETTA: I'll second it. COMMISSIONER FIALA: It's already been seconded down the hall here. CHAIRMAN HENNING: And to work out the details in the agreement. MR. KLATZKOW: Yes. So the offer-- CHAIRMAN HENNING: That's what it was. COMMISSIONER FIALA: Yes. MR. KLA TZKOW: The offer subject to our bringing back a purchase and sale agreement that is acceptable to the board. COMMISSIONER FIALA: Yes. Oh, yeah, right. COMMISSIONER COLETTA: And there's no misunderstanding about our panther credits going away, that we're waiving them and we don't want them; we do want them. MR. KLATZKOW: We will come back to the board with -- this Page 204 July 22, 2008 is a $33 million transaction. We're going to have the backup on this. MR. GRANT: You're going to get the panther credits. CHAIRMAN HENNING: Okay. COMMISSIONER FIALA: And all of that should be stated in there. MR. KLATZKOW: Yes. CHAIRMAN HENNING: In the motion, part of your motion, Commissioner Fiala, there's some discrepancy of what the panther credits are worth. Can we direct staff to find out what the market is? I mean, I have an email that somebody sent to me that wants to talk to me about purchasing of 150,000. They have available 150,000 panther credits. The RSLA will -- and their enhanced program that they're going to do is going to increase panther credits, too. So the board needs to understand, whatever they're told individually or out in the public about panther credits are worth, needs to be out in the public. COMMISSIONER FIALA: Sure. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER FIALA: Commissioner Henning, just one little thing to that. I wouldn't make it part of the motion. I would make it as directive to staff to come back with it so we don't muddy the waters any more than we have. CHAIRMAN HENNING: That's fine. Any discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? Page 205 July 22, 2008 (No response.) CHAIRMAN HENNING: Motion carries unanimously. MR. MUDD: Commissioner, I'm going to need a motion from the board so we can start working on the financing of this particular __ so I can get the ball rolling. It doesn't mean you have to accept it till after you -- until you hit the agreement on it, but we're going to have to start working the mechanism, if we're going to use commercial paper in the short term before we go out into a bond item in order to get that ball rolling so that when you -- if you get an offer that you approve within an agreement that locks it down that you approve, that we can go purchase the property, and Ms. Sulecki does not have the funds on hand to purchase a property at this cost. So we're going to have to go out and borrow some money. My recommendation -- COMMISSIONER HALAS: I make a motion that we direct the staff to go out and start looking to find out where the resources are for the money, whether -- MR. MUDD: We start working in commercial paper product so that within 45 days or so we could be ready to execute if that's what the board desires. COMMISSIONER COLETTA: I'll second it. CHAIRMAN HENNING: There's a motion and a second. Is this a short-term? MR. MUDD: Yes, sir, it would be short-term. CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: And opposed? (No response.) Page 206 July 22, 2008 CHAIRMAN HENNING: The -- you know, I think it ought to be -- we ought to direct staff to see what the panther credits are going to be, what they are today, what they expect to be in the future. We need to find out there what's available because I think that needs to be divulged, okay? COMMISSIONER FIALA: I think we gave them that direction, yes. MS. SULECKI: And the direction is to come back to you with a value of panther credits? CHAIRMAN HENNING: Correct. MR. KLATZKOW: And do you want the panther credits to be owned by the county, not by Conservation Collier, correct? COMMISSIONER HALAS: That's correct. MR. KLATZKOW: Because this is Conservation Collier money that's purchasing this property. MS. SULECKI: It's actually the county who's on the deed. MR. KLATZKOW: Well, I'm just clarifying, the purposes of the purchase and sale agreement, the panther credits will be owned by the county and not by Conservation Collier? COMMISSIONER COLETTA: That's correct. CHAIRMAN HENNING: Yeah. I think that we need -- can you look in, I think, Hendry County and Collier County? MS. SULECKI: I can. I can tell you that I know at this time that the county has a contract for PHUs. I can tell you that amount if you'd like. CHAIRMAN HENNING: I can tell you that we're not getting such a good deal. MS. SULECKI: So come back with -- CHAIRMAN HENNING: See what the market is. MS. SULECKI: Very good. CHAIRMAN HENNING: Thank you. Very good job. MS. SULECKI: Thank you. Page 207 July 22, 2008 Item # lOC A DEVELOPER'S CONTRIBUTION AGREEMENT (DCA) BETWEEN VICTORIA ESTATES, LTD., MAGPOND, LLC, MAGPONDA, LLC, MAGPONDB, LLC, NEW MAGPOND, LLC, NEW MAGPONDA, LLC, AND 1-75 ASSOCIATES, LLC, (THE DEVELOPERS) AND COLLIER COUNTY (THE COUNTY) TO ACCEPT CERTAIN EASEMENTS, MODIFY BUFFER REQUIREMENTS, DEFINE DEVELOPER COMMITMENTS AND ESTABLISH FISCAL RESPONSIBILITIES FOR IMPROVEMENTS ON COLLIER BOULEVARD, MAGNOLIA POND DRIVE AND NOAH'S WAY TO FACILITATE THE COUNTY'S COLLIER BOULEVARD ROADWAY EXPANSION PROJECT #60001 - APPROVED MR. MUDD: Commissioner, we have a time certain at 4:00 p.m., and that's 10C, and this item requires that -- now, Jeff, you were going to check to see if all these participants need to be sworn on this DCA. MR. KLATZKOW: Yeah. This is not a quasijudicial matter, so that there is no need to do that. MR. MUDD: So 10C is a recommendation --ladies and gentlemen, if you could leave quietly so we could continue. This brings us to 10C, which is a recommendation to approve a developer's contribution agreement between Victoria Estates, L TD; Magpond, LLC; MagpondL, (sic) LLC; MagpondB, LLC; New Magpond, LLC; and New Magpond8, LLC; and the 1-75 Associates, LLC, which we will now call the developers, and Collier County to accept certain easements, modify buffer requirements, define developer commitments and establish fiscal responsibilities for improvements on Collier Boulevard, Magnolia Pond Drive and Noah's Page 208 ^..____,...,...._~m_..,,,____ July 22, 2008 Way, to facilitate the county's Collier Boulevard expansion project, 60001. Mr. Nick Casalanguida, transportation planning director, will present. MR. CASALANGUIDA: Thank you, sir. For the record, Nick Casalanguida. Good afternoon, Commissioners. Approximately September of last year you extended two PUDs with the understanding that they would cooperate with the county. COMMISSIONER COLETTA: Motion to approve. COMMISSIONER HALAS: Second. COMMISSIONER FIALA: I have a motion on the floor. Nick, marvelous presentation. COMMISSIONER COLETTA: Great, really great. COMMISSIONER FIALA: Sterling. I have a motion on the floor by Commissioner Coletta, a second by Commissioner Halas, and we have three speakers. MS. FILSON: Yes, ma'am. MR. ANDERSON: They all waive. MS. FILSON: They all waive, okay. We have no speakers. COMMISSIONER FIALA: Okay. We have a motion on the floor and a second. Any further discussion? (No response.) COMMISSIONER FIALA: All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: (Absent.) COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Opposed, like sign. (No response.) COMMISSIONER FIALA: We've got a 3-0. MR. CASALANGUIDA: Good afternoon. Thank you, Page 209 July 22, 2008 Commissioners. MR. MUDD: How's the court reporter doing? Every hour and a half you do it. Last time you went was at 2:30, okay. It's now 4:15. COMMISSIONER FIALA: We can take our 10-minute break now. Thank you. MR. MUDD: Thank you, ma'am. (A brief recess was had.) Item #10L RECOMMENDATION TO RATIFY ADDITIONS TO AND DELETIONS FROM THE 2008 FISCAL YEAR PAY AND CLASSIFICATION PLAN MADE FROM APRIL 1, 2008 THROUGH JUNE 30, 2008 - MOTION TO APPROVE STAFF'S RECOMMENDATIONS - APPROVED MR. MUDD: Commissioner, the next item is 1OL. Used to be 16E3, and it's a recommendation to ratify additions to and deletions from the 2008 fiscal year pay and classification plan made from April 1, 2008, to June 30, 2008. The item is requested to be moved by Commissioner Henning. Mr. Don Albonesi from your human resources department, will present. MR. ALBONESI: Good afternoon, Commissioners. For the record, Don Albonesi. I'm the manager of compensation, and I'm here to answer your questions. CHAIRMAN HENNING: Thank you. We're deleting or changing classifications because of the terms of engineers in the title classifications that are -- do not require Florida professional " . engmeerIng servIces -- MR. ALBONESI: Correct, sir. CHAIRMAN HENNING: -- or a license. Page 210 July 22, 2008 MR. ALBONESI: Correct. CHAIRMAN HENNING: Have you adjusted the pay scales on those? MR. ALBONESI: We have not because the requirement for a professional engineering license was never part of those job descriptions, so there was no change in the minimum requirements and no change in the responsibilities that those jobs had. It was merely the use of the title engineer or any of its derivatives that needed to be removed because a PE license was not required. CHAIRMAN HENNING: And the classifications, was that one of the professional consultants that set up those different classifications? MR. ALBONESI: Yes. Back in 2001, we had the DMG organization come in, and they established these classifications, and they established at that point the pay ranges for those classifications. CHAIRMAN HENNING: Well, I'm going to make a motion to approve staffs recommendations, but can you forward those on to me, those different categories of what the -- or what the requirements are under those classifications? MR. ALBONESI: Sure, I can. CHAIRMAN HENNING: Thank you. COMMISSIONER FIALA: Second your motion. CHAIRMAN HENNING: Motion by Commissioner Henning to approve item 10M -- MR. MUDD: No, sir, it's 1OL. CHAIRMAN HENNING: -- 10L, second by Commissioner Fiala. Discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER HALAS: Aye. Page 211 July 22, 2008 CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. MR. ALBONESI: Thank you. Item #lOM RECOMMENDATION TO APPROVE AWARD OF BID NO. 08- 5069 TO DOUGLAS N. HIGGINS, INC. FOR COMPLETION OF THE WILLOW WEST STORMW A TER IMPROVEMENTS PROJECT #510076 IN THE TOTAL AMOUNT OF $218,834 _ MOTION TO APPROVE STAHLMAN - ENGLAND IRRIGATION, INC. AS THE SECOND LOWEST BIDDER, DUE TO THE WITHDRAW BY DOUGLAS N. HIGGINS, INC., FOR A BID OF $212,157.49 + 10% CONTINGENCY - APPROVED MR. MUDD: Commissioner, this brings us to 10M, which used to be 16B 11. It's a recommendation to approve award of bid number 08-5069 to Douglas N. Higgins, Inc., for completion of the Willow West stormwater improvement project number 510076 in the total amount of $218,834. The item was asked to be moved by staffs request because we have an issue with the contractor in this award. And Mr. Norm Feder, your transportation administrator, is going to explain the details, how things changed in a relatively short period of time. MR. FEDER: I'll do that very quickly, and then open it up to any questions you might have. But the beginning of this year, the board, after other issues dealing with this project overall, had given us direction at the Page 212 July 22, 2008 beginning of this year to go forward and to replace the culverts on Mentor where we'd already dug up the swales on the basis of the fact that the water flow from Johnnycake, where the swales have been cut out by us and the culverts, driveway culverts, have been dug by the property owners, flowed through Mentor to Outfall and that the driveway culverts, therefore, need to be done on Mentor and weren't being done by the property owners. That process started, as I said, at that point was January of this year. We went back through design. We went through the procurement process. We've had a couple of issues that we've gone through to resolve it. And the qualified -- the low bidder on it has now pulled out. I'll ask Steve Carnell to go through that process with you and explain it, and we'd like to recommend though that we proceed with the second low bidder who had fully qualified to proceed on the project. And we need to get this moving. Obviously with the recent rains, we have quite a bit of water there. We're going to do some temporary activities to get flow off of Johnnycake where we can get a positive, if we can get it, through Mentor, as we proceed on this project. We're looking for it to be -- if it's approved today, we'll get the contractor moving by the end of this November. With that, I'll ask Steve Carnell to go through what happened on the bidding process and what our recommendation to you is. And Steve isn't here, so I think I'll be doing it. My understanding is that Quality Enterprises was the apparent low bidder. MR. MUDD: No, D.N. Higgins. MR. FEDER: D.N. Higgins, excuse me, I'm sorry. D.N. Higgins is apparent low bidder. D.N. Higgins hadn't included, even though it was discussed in the pre-conference, the dewatering that would be necessary to move forward on replacement of these driveway culverts, that they saw that as an item that would be a potential further claim Page 213 July 22, 2008 beyond their bid. The number two bidder understood that the dewatering issues was supposed to be in part of the contract. Higgins has decided that rather than proceed on it, they wanted to pull out. We've used them in a lot of other areas around the county, of course, but they did pull out on this project, and the number two bidder is the one that we're recommending. MR. MULHERE: And that's Stahlman-England. MR. FEDER: Stahlman-England. And also, as I understand it from Steve Carnell, because we're recommending to you here at the board the second bidder, that we'd want to do a three-day advertisement on that to make sure that that was well known that we had checked -- selected Stahlman-England on this project. Yes, sir. COMMISSIONER HALAS: Since Higgins pulled out of this and Stahlman-England Irrigation, Incorporated-- MR. FEDER: Yes. COMMISSIONER HALAS: Do they have the experience and the expertise to carry through with this and do they have the proper licensing to conduct this type of operation? MR. FEDER: Yes, they do. We checked on that very strongly. They are an irrigation and sub-utility contractor, and as part of that licensing, they're allowed to do the repairs on concrete and other areas that they disturb in that process. COMMISSIONER HALAS: Okay. I'm very concerned that we get somebody out there that can address this problem and get it over with. This has carried on way too far. MR. FEDER: We concur. COMMISSIONER HALAS: Those residents -- one group decided to step up to the plate and take care of paying for their culverts. The other street said, no way. And early on we said that they had to put together some kind of a taxing authority to get this Page 214 July 22, 2008 thing taken care of, and obviously it didn't happen. And here we are in this quagmire, in this huge swamp that's been developed, and I just hope we do this in the right manner and that we don't have any more hangups and this is don~ in an expeditious manner so that we get relief for the people there on both these streets and get the water flowing in the direction it should. What can you -- what kind of assurance can you give me here that we'll get this thing done? MR. FEDER: We have met with both the contractors, and that was part of the discussion time frame that I mentioned to you after we opened up bids to try and make sure that the sensitivity to this project, the urgency and the need to work well with the community are well known. We've been given that assurance. We've got major effort on it relative to our oversight and management. We share the concern that this needs to move, and we also share the concern that it needs to be done and done quickly. And so we're look at trying to get it done, as I said, if we can go out today, by the end of November and try to make sure we do a good job with it. COMMISSIONER HALAS: There's no way that we can get it done any quicker with the season or the rainy season that we're presently in? MR. FEDER: Understood, Commissioner. No. That's what I'm told is probably the fastest we can do it. Now, as I said, we can get relief to the folks on Johnnycake, as we discussed with you. We're going to put a pump in and do some efforts there. The folks on Mentor, the ones that didn't move their driveways __ and we're doing it as quickly as we can right now, but probably they will be having water held in those swales until this project relieves, and I'll start at the down end and then they'll start getting relief as they -- each of the driveways have been brought into the right elevation. COMMISSIONER HALAS: We've learned something from this Page 215 July 22, 2008 task, haven't we? Lessens learned on this whole operation? MR. FEDER: Well, I think we also changed some of our stormwater policy relative to focusing on secondary systems. We also noted to this board that we're going to bring any tertiary project with specific funding already established to it, and I think that's the question you're asking me, that if we are talking about an MSTU, it ought to be in place before we move forward. COMMISSIONER HALAS: Yes, sir. CHAIRMAN HENNING: Okay. Mr. Feder, this is a tertiary system. MR. FEDER: That is correct. CHAIRMAN HENNING: And we're using the dedicated stormwater capital improvement plan. MR. FEDER: Yes. And we started this project over two years ago -- CHAIRMAN HENNING: Right. MR. FEDER: -- under the former policy. And as you know, we started the process. The decision was not to do the driveway culverts but to do just the swales, and then we ran into the issues relative to Mentor and Johnnycake, who did do their swales -- I mean their culverts, excuse me -- are not getting that relieftoday, and that's what we're trying to make sure they get. CHAIRMAN HENNING: I just find it problematic that we're taxing everybody to do neighborhood improvements but yet we have an ordinance coming through where PUDs have to maintain and improve -- mandatory maintain and improve. MR. FEDER: And, of course, these were developed on prior principles, and actually some of the driveways were permitted at the wrong elevations as well in the past. So we are cleaning up this issue, and it's a carryover from the past. COMMISSIONER HALAS: I'd like to make a motion for approval so we can get this project going and get it done in an Page 216 July 22, 2008 expeditious manner. COMMISSIONER FIALA: Second the motion. MR. FEDER: County Manager needs to show you. CHAIRMAN HENNING: We have two speakers. The county manager and another person. MR. MUDD: We'll let the other person speak. MS. FILSON: Will Delgado. MR. DELGADO: Good afternoon, Mr. Chairman. My name is Will Delgado. I'm the president and chief operating officer of Stahlman-England Irrigation, and I'd like to address Commissioner Halas' concerns. One, yes, we are absolutely certified to conduct this project. Number two, our senior project manager who will be on the job has over 30 years experience in these type of operations, a large portion of that with the U.S. Army Corps of Engineers. We have, in fact, worked for Collier County before, most recently with Palm River stormwater improvements, which we recently completed in May. And if you were to retrieve the bury (sic) completed by the county's project manager, you will see that we completed the job a few days early, on budget, and there was a certain amount of PR considerations there also, and you will see that the report reflects that we maintain very good relations, not only with the county staff, but with the homeowners affected in here. COMMISSIONER HALAS: Well, that gives me a level of confidence. MR. DELGADO: Thanks so much. CHAIRMAN HENNING: And you're a local company? MR. DELGADO: We are, right here in Naples, Trade Center Way. Thank you. CHAIRMAN HENNING: County Manager? MR. MUDD: Yes, sir. I have to -- I have to modify -- the executive summary has two recommendations. The first Page 217 July 22, 2008 recommendation is D.N. Higgins, and they've dropped, okay. So you're making a recommendation now to go to the second, which is Stahlman-England -- COMMISSIONER HALAS: Stahlman-England Irrigation. MR. MUDD: -- Stahlman-England Irrigation, which I have on the visualizer, okay. There is a difference in bid. Stahlman-England was the second lowest bidder, and they came in at $212,147.49. The recommendation is to award to Stahlman-England Irrigation $212,147.49 with a 10 percent contingency ifneeded. I just needed to clarify that because those numbers changed on the executive summary, and the second recommendation remains the same, that the agreement -- the contract is acceptable to the county attorney and the standard agreement. CHAIRMAN HENNING: That's part of your motion? COMMISSIONER HALAS: That's part of my motion. COMMISSIONER FIALA: And my second. CHAIRMAN HENNING: And the second. Discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #11 PUBLIC COMMENTS ON GENERAL TOPICS Page 218 July 22, 2008 MR. MUDD: Commissioner, that brings us to public comments on general topics. MS. FILSON: Mr. Chairman, I have three speakers under public comment. The first being Tammie Nemecek, followed by Steven Harrison. MS. NEMECEK: Good afternoon, Mr. Chairman, Commissioners. Tammie Nemecek, president of the Economic Development Council of Collier County. I am speaking during public comments with regards to an item, 16AlO, that was discussed on the consent agenda. While hearing the items as they were brought up on the consent agenda, there was a change made to that item which added a line that stated this MOA may be terminated by any party for any reason upon prior written notice to the other parties. Upon hearing that, I did call the State of Florida to -- because they are one of the signatories on here -- and asked what kind of implication that would have on here, and basically the comment that I got back was, if you read in the memorandum -- second Memorandum of Agreement, it does reference the first Memorandum of Agreement, which is included in your packet, which has that statement in there. By incorporating that in here, they felt as though they had already incorporated that statement. By changing this MOA, because it has already been approved by the State Attorney's Office, if you approved it as it was said today, the State of Florida would not sign it, but they had indicated that they had felt that it was included by including the whereas statement that says the first MOA continues to accurately state the purpose, statutory footing and aspirations of the RACIC (phonetic) catalyst project and is hereby incorporated by reference so that that statement was incorporated in the first Memorandum of Agreement, and that first Memorandum of Agreement was incorporated by reference into the Page 219 July 22, 2008 second Memorandum of Agreement. And I am not an attorney, and Jeff Klatzkow will comment related to that, but my hope is that we could remove that as a qualifying statement within the second Memorandum of Agreement and approve it as it was submitted to the Board of County Commissioners, which allows us to move forward with participating in the RACIC program. If there are other modifications or changes that might have to happen after it's approved by the BCC and our regional organizations get together, the state said that we could potentially bring it back at that point in time with the agreement of the other five counties and four communities that are participating in this Memorandum of Agreement. CHAIRMAN HENNING: I have a question. Did you put this on the agenda? MS. NEMECEK: Yes. CHAIRMAN HENNING: And a staff member changed it. It really should have gone on a regular agenda so we could discuss those changes. Do we have an opportunity to reconsider that item for approval and put it on the regular agenda? MR. KLATZKOW: You can reconsider it right now if you want. COMMISSIONER COLETTA: Motion to reconsider. CHAIRMAN HENNING: And I'm going to second the motion to reconsider 16A10. Discussion on the motion? All in -- Commissioner Halas? COMMISSIONER HALAS: Yes. Could you give me some clarification. Is -- what Ms. Nemecek is talking about, is there a conflict? CHAIRMAN HENNING: Commissioner Halas, you know, we're going to discuss that if the motion passes. COMMISSIONER HALAS: Well, I'm just -- want to find out Page 220 - ..__..~_.~._'---- --~_...,- July 22, 2008 where we are on this. CHAIRMAN HENNING: And I'm going to let you have -- if the motion passes, I'm going to let you ask your question to Mr. Klatzkow; otherwise, it really doesn't matter. All in favor of the motion, signify by saying aye. Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Commissioner Halas opposed. The motion carries, 3-1. Commissioner Halas, do you have a question? COMMISSIONER HALAS: I have a question in regards to the verbiage that was put on here. MR. KLATZKOW: The verbiage is a protection of the county. The first Memorandum of Agreement had this within the document. For whatever reason it dropped out of the second Memorandum of Agreement. I am being told that at this point in time the state will not consider this change, that if we do not agree to this agreement as is, we drop out of the program. I mean, it's as simple as that. I don't know that -- I would prefer that this language be in there, but if it can't be in there, would I kill this program because of it? No. CHAIRMAN HENNING: Okay. I'll make a motion to approve 16A 1 0 as written in our executive summary. COMMISSIONER COLETTA: Does that get us everywhere we need to be? MS. NEMECEK: If that removes it from -- MR. MUDD: Yes, as is in the executive summary, not on the change sheet. COMMISSIONER COLETTA: Okay. And I'll second that. Page 221 July 22, 2008 CHAIRMAN HENNING: Okay. Do we have any public speakers on this item? MS. FILSON: (Shakes head.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. MS. NEMECEK: Thank you. If you would like-- MR. THOMAS: Thank you very much, Commissioners. MS. NEMECEK: If you would like that added in, I -- you know, I talked with the State of Florida and they said that, you know, it is not an issue to add it in, just timing-wise, we needed to move forward with it at this point in time, but I can bring it back. If you would like that done, I can bring it back to the regional organization and request that we add that in and bring it back to you. CHAIRMAN HENNING: I think that would be great if you could do that. MR. THOMAS: Fred Thomas. CHAIRMAN HENNING: Wait a minute. You got to sign up. Do you have a speaker slip? MS. FILSON: No. CHAIRMAN HENNING: Mr. Thomas, you need to respect the board and everybody else before they -- MR. THOMAS: I'm just asking the question. CHAIRMAN HENNING: Before the item is being heard, you need to sign up. MS. NEMECEK: Even though it is included in that first one, we Page 222 July 22, 2008 can request them to add it to the second through the regional organization, and I can -- I'll bring that back at the time. CHAIRMAN HENNING: Thank you. MS. NEMECEK: Thanks. CHAIRMAN HENNING: The next speaker is Steven Harrison. MR. HARRISON: Good afternoon, Commissioners. I'm Steve Harrison, a citizen. I'm a Realtor and member of NAB OR here locally, but I'm also a former bank executive with experience with foreclosures. I come before you simply to layout the fact that we may need in this county a plan and strategy for dealing with the ballooning volume of foreclosures that we've got going on. I have some handouts just to give you an idea of the size of the problem, and I would quickly add that these are what Washington policymakers would directionally correct numbers. They're not vetted by anybody. So let's just approach it issuing, you know, not as if this is gospel or anything, but here's what's going on. The bottom line of this is that because of the volume, we almost have a destabilization in the market, which is adversely in the interest of the lenders that taken possession of the property, the debtors who may be liable for the deficiencies on their loans, the tax base which is eroding and, of course, then the question of the burden on public services, police, fire, et cetera, to look after these properties. So the bottom line is it may be in our interest as a county is to beef up or code enforcement rules and to put in place some interagency cooperation measures so that we can get our hands around this issue before it becomes very serious, okay. The first page of it is right here, is an illustration of what's happening to the volume of foreclosures. I have these on paper if you'd like them. Last year, as it was reported in the press, we had about 3,266 foreclosures. We started the year at about four or five a day. We Page 223 July 22, 2008 ended the year at about 15 a day. We're now up to about 35 a day and COMMISSIONER FIALA: Oh, my goodness. MR. HARRISON: We're heading for a year with approximately 8,000 foreclosures in the county. COMMISSIONER FIALA: Thirty-five a day? MR. HARRISON: The budget hearings that we just attended in June, I think you remember the undersheriff said they were expecting 7- to 10,000 foreclosure this year, and he expressed a concern, how could they, you know, be vigilant in looking after the properties. So this is not over even in 2008. It's probably going to continue in 2009. The sheet that's been given to you, I also put on there the data from Sunshine MLS which shows sales going through the MLS, and other sales that don't go through the MLS, but all the sales that we're seeing come through are roughly equal to the volume of foreclosures. Sales do include some foreclosures, but it's suggesting we're almost at an equilibrium, 50/50. The transactions are distressed properties. That puts us into kind of a spiral situation where the more we foreclose, the faster the prices drop, the more burden is on the government services. So that's what -- that's the point of what this is, and we should take a look at this. There's a chart in here just to suggest what it means to the tax base. The appraiser's records say we have 169,000 residential units. At roughly 300,000 each, that's my figure, we have about 50 billion of taxable base in residential property. The foreclosures we've had so far, 3,200 last year, perhaps 8,400 this year, more next year, are about 10 percent of the total. I've done a few calculations. They're coming through at about 250,000 per house. That's the just value. So we have directly affected about 8 or 9 percent of the tax base, but indirectly we have much more that's being affected by this downward spiral. What could we do about it? Page 224 July 22, 2008 The question is, also on the agenda, the u.s. conference of mayors, four weeks ago in Miami when they had their conference -- this was on the agenda -- most city mayors were distressed. How are we going to pay for all the maintenance and cleanup of these properties that are on our hands because of what the foreclosure process is doing? We're foreclosing at the rate of like 700 a month. We don't know how many are being sold per month, but the inventory is climbing rapidly. The next chart I have -- I just went to the appraiser's records a couple of weeks ago and pulled off 22 banks that I could think of their names. On that date they owned 839 properties. That's not the total. That may be taking title in the names of affiliates and subsidiaries so that the real number of bank-owned properties, it could be double that number. We don't know what else is coming at us from those same banks in terms of things that are in the foreclosure process, but I think it's fair to say it's such a big number it calls into question, for the banks looking after the properties, do we have vandalism going on? Do we have criminals moving into empty houses? That was one of the sheriffs concerns. So I think what we're looking at is a situation where, perhaps, we should be more proactive in identifying how many of these properties are out there for the benefit of police, fire, all of the public servants, as well as to, perhaps, put more of a burden back onto the banks to make sure that they're properly maintained and not becoming a blight on the neighborhoods. I should add that these are concentrated in the areas where there are not homeowner associations. So you can go to areas in Golden Gate or the Estates or Naples Park and find several in each block where it's definitely impacting all the adjacent properties. I mention interagency cooperation. I looked at a couple of Page 225 July 22, 2008 owned properties by one of the banks on the prior list. You can see the PUDs. The Clerk of Courts collects an address to which he sends tax bills and citations for non-compliance with code. It doesn't help us a bit if we have a house that's burned or if we have some urgent situation to deal with. How are we supposed to react? There's one down here, Chatsworth, California, a mail stop. Do you send a registered letter? Perhaps we could persuade the clerk to collect information on a local contact that we can get in touch with when we need to. Look at the dates foreclosed. In this particular case, they're all this year, but some of them are sitting dormant while others are in the hands of Realtors. Is it in our interest to get these quickly recycled back into the market? Probably yes. The just values are what are on the books today for tax reasons. But as you can see, the ones that are in the hands of Realtors are either being offered for sale or under contract for amounts far below the just value, roughly 33 percent under just value. This has direct implications on the tax base. So even as they come closer and closer, there is wiggle room, as you know, in how they set the just values compared to market. But we have a serious erosion question that I would hope you'd think that we need to be careful about how these properties find their way back into the market. What can we do? I would suggest that you may want to task the staff to look at the ordinances on the books to see what they say about things like securing the properties properly so they can't be vandalized, that they have the smoke alarms so that the fire people can properly respond, if they have, of course, cosmetic things, like how's the landscaping to be maintained, or if they say things, what about vandalism and theft of appliances, air-conditioners, must they be replaced? The idea of these recommendations is to make the properties appear as normal as possible so that they detract as little as possible Page 226 .._~~m July 22, 2008 from the adjacent properties. One thought is to require the lenders, as part of an ordinance, to have a local agent managing the property to whom we could turn or have the public services turn if we need to, an address, a name, a phone number, and an email, perhaps even serving them with invoices if we have to bill them for citations and things like that. Those could be local attorneys, local Realtors hired to market the properties, or even property management companies, but it allows us to get our arms around somebody to take appropriate action when needed on the properties, where we're sure we have the ability to find people when the properties are not properly maintained. But do we have the ability to do something like lift the occupancy permit on the property until the serious deficiencies are corrected? I don't have the answers here, but I'm just suggesting. This may be a topical issue coming at us because of the volume of this stuff that is -- that's in our midst. CHAIRMAN HENNING: Steve, Commissioners have comments or questions, and I think -- MR. HARRISON: Sure. CHAIRMAN HENNING: -- this is going to come back, it needs to come back, but I also believe that there's things that are being done today to relieve some of your concerns. But I would like to see some kind of report from our staff. Commissioner Coletta? COMMISSIONER COLETTA: Yeah. You're right on target, Commissioner Henning. Right at this point in time we have Kevin Rambosk that's heading up a team on the part of the Sheriffs Department as far as security issues, and he's moving forward. We have John Barlow, who's working with our affordable housing to come up with a foreclosed task force to be able to buy these homes back and use them for housing for, you know, affordable housing. We have Kathleen Passidomo heading up the attorney's end of Page 227 July 22, 2008 the whole thing running seminars and working with people that are going through this and can't afford attorneys and advising them how it's working. We have the Clerk of Courts who has the information at hand that we need. I think you just said that a moment ago. We have out in the audience the EDC, and I'm sure when we put this little task force together to come back with a report in September that Tammie Nemecek will volunteer to be a part of it and, of course, we have our own staff. Bring these people together, I'm sure we can get a cohesive report exactly where we are, where we're going, and what we can do as a community, not as a county government, but as a county to mitigate what's taking place. That's what I would suggest. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: I understand your concerns, but I'm surprised that the outcry hasn't been back to Washington. This is where it all started at. The banks got greedy. They promised things to people that they couldn't afford, and they basically set it up so they were going to fail. What Washington needs to do, instead of putting out $200 billion to the damn banks, they need to start looking at helping these homeowners that were sold a bill of goods by the banks and give them relief so that they can retain their homes and not have to be thrown out and becoming a blight to the community. That's where it needs to start, and I think what we need to do is have an outcry from the citizens in this whole country, because my understanding is that some of the estimates are saying that 200 -- 2 million -- 2.5 million homes will be in foreclosure this year alone, and it's putting a burden on every local government in this United States, and nobody in Congress is doing anything about it. CHAIRMAN HENNING: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yeah. I just wanted to comment. I went out with John Barlow the other day to talk about how the prices Page 228 July 22, 2008 are falling. We went out to look at a few homes that he's looking at buying. We looked at three homes in Naples Manor that were $90,000. I didn't even know things like that were on the market; three of them, $90,000, and there were more, plus there was one over right across the street here in Mohawk Heights -- or I don't know what they call it now, but, olden days, they used to call it Mohawk Heights -- and it was a house. I think it was a three-bedroom -- small house -- three-bedroom, one-bath with a swimming pool, and the swimming pool was sparkling clear and running and so forth, for $109 (sic). COMMISSIONER HALAS: That's because it was hyped by the developer -- MR. MUDD: $109,000. COMMISSIONER HALAS: -- and by the Realtors when the -- in the hay day. COMMISSIONER FIALA: And I'd like to know what that's doing with property values as far as the property appraiser. MR. HARRISON: If you ask Realtors, they can tell you of homes they've been to where the swimming pool is green, the air-conditioning units have been stolen with the appliances. CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETT A: Yeah. Let's not kick the can down the road. We're not in Congress. We can't run the nation. They're not going to do anything different than they're doing. Our jurisdiction is Collier County. Let's see what we can do to help our local residents at least come to an understanding what the problem is so we can start to make adjustments as we go forward on budgets and what we're going to do with providing services. It's just a responsible thing to do. I don't anticipate that it's going to take a tremendous amount from anyone group of people, and I don't want to put county staff in the responsibility of coming up with the state. I see that as a partnership between all the different entities that I mention. But let's not shirk our Page 229 -..--... July 22, 2008 duty. Let's go just go forward and find out where we are, then we can make logical decisions. MR. HARRISON: Perhaps the task could be to see what can be done to ensure that the banks act responsibly on maintaining the properties. CHAIRMAN HENNING: Right. And Commissioner Coletta, would it be okay just to have our staff, code enforcement staff, tell us, do we have any shortfalls? My understanding is the same as you -- yours is cooperation between the Sheriffs Department, the Clerk of Courts, and the county through code enforcement. And if we could just get a report from our staff. We may have to take action, but I think everything is in place now, but let's ask. They're the ones who are out there every day. Is that okay? COMMISSIONER COLETTA: Well, I'd still like to involve everyone that's into this. The more players we've got, the more people involved, I'm sure we're going to come up with better solutions. I don't see Collier County Government being the solution for this in itself. CHAIRMAN HENNING: I'm not saying it's a solution. All I'm saying is let's get a report on what Steve is saying and what the county is doing now, and do you really need to take it any further? That's all I'm saying. But I guess not. Commissioner Fiala? COMMISSIONER FIALA: Yes. To continue on, with so many houses that are foreclosed upon and in such low figures to purchase, maybe there's something we can do within our own housing and -- housing department to use some of these dollars we get. Instead of building any more new houses, heck, you can buy them cheaper than you can get any of these new houses for. Why can't we do something working with the people? Page 230 July 22, 2008 COMMISSIONER COLETTA: We did. COMMISSIONER FIALA: I know John Barlow's doing this, but, I mean, you know, have a program where we're encouraging buyers. COMMISSIONER COLETTA: We did this. We did this today. COMMISSIONER FIALA: What is that? COMMISSIONER COLETTA: We came up with a direction for the affordable housing to start using the funds that we have for -- towards foreclosed homes. COMMISSIONER FIALA: Yeah, but I'm talking about -- you know, I don't know what we can do. I understand that, and that's good, but isn't there some way that we can get the word out to people so that these things are available and that we can kind of curtail any more building of it while we try and sell what we have on the market? I don't know if that can be done, but it sure seems to make a lot of sense. COMMISSIONER COLETTA: You just did it. CHAIRMAN HENNING: Okay. Commissioner Halas, and then we're going to move on to the next public speaker. COMMISSIONER HALAS: I don't want to tax staff because we've eliminated a lot of staff, and I think what Commissioner Coletta recommended is a great choice. There will be some staff involved but not total obligation by the county staff to go out there and figure out what's going on. I think it needs to be a joint effort by the Realtors and by the Clerk of Courts until we get a handle on this thing. COMMISSIONER FIALA: Banks. COMMISSIONER HALAS: But I don't know whether the banks -- you're going to have -- the banks are going to be players here, because let's face it, they look at these homes that they have loans on and they realize that they've lost 33 percent already, and they're going to cut their losses as much as possible. Page 23 1 July 22, 2008 So I think it's going to be very difficult to bring these people to task because now they -- it's in their hands. But there has to be some way that we can address that so that those banks are liable for that property. But they're going to try to cut their losses as much as possible. MR. HARRISON: That's why I was suggesting, perhaps, a more proactive approach where there's a local agent that we can go to to demand satisfaction in compliance with the ordinances. CHAIRMAN HENNING: Okay. COMMISSIONER COLETTA: Well, we decided absolutely nothing then. CHAIRMAN HENNING: Well, you're asking the -- you can't dictate what the private sector does, and we need our staff to create some kind of ordinance or something like that if you want to, you know, tighten it down more. But, again, I think the process is already there. And how about this? If somebody wants to put it on the agenda for consideration of what we should do with this issue, let's put it on number 9 and bring it back. COMMISSIONER COLETTA: Okay. That's the first meeting in September a month and a week away, two weeks away, yeah. That's the only thing I was concerned about, Commissioner Henning. It's just to maybe be able to get some sort of feedback come September so we can make some logical decisions where we're going to go with it. However we go, whatever -- CHAIRMAN HENNING: Do you have any recommendations? COMMISSIONER COLETTA: Yes, sir, please. Good idea. MR. MUDD: I think you had a good one, you know. Go out and have code take a look at and assess what the local conditions are, and in the same breath, talk to the sheriffs task force that's working on this, okay. I don't know if it's lost any -- if it's lost any oxygen in the fact that Mr. Rambosk no longer works for the sheriff at this particular Page 232 July 22, 2008 juncture, okay, and ifhe was heading the task force, if it's just in limbo. But we can figure out where that sits or where it was in the process of getting things fixed. Now, we can do those particular Issues. There's -- the only time I've ever seen all the bankers in Collier County come to a meeting is the time when they couldn't get to a sewer connection, okay, and then they were all at CBIA. And it's the first time I've ever seen a conglomerate show up. I'm not too sure you're going to get all the bankers in one place in order to get that resolved, but you have a new state senator, okay, that is a banker, okay, that represents the community and is opening up a bank in this particular community, if the headlines are true, that might help us in this regard to try to assemble that mass and try to get some folks at the table to talk about how they can work in a process from a financial aspect. I'm not holding -- I'm not holding my breath for any commitments, but it doesn't hurt to talk. In the same breath, we can figure out what the president of NAB OR has to do and maybe get some eyes and ears as far as the Realtors are concerned, if they're seeing different conditions that we're not picking up as far as code is concerned and have those folks be able to report to someone, maybe to code, that says their air-conditioning units have been robbed, i.e., the Sheriffs Department, and maybe we can get some eyes and ears on target. Hooking up the smoke alarm when all it's going to do is buzz in the house isn't going to help me to get the fire engine to the house. So there's some things on Steve's list that, you know, I'll just cast aside. It's an idea if I had a way to get them hooked into the local fire district. That doesn't mean the neighbors don't need to be aware and give us some eyes and ears. So I think there's a neighborhood awareness issue that can transpire. But I think the first step is, let's assess what we have on a Page 233 '-"'_--ro- July 22, 2008 local condition and then come back to the board and report out on that particular item, and then in between in the six weeks I can get ahold of Senator Richter and -- well, he's Representative Richter, soon to be Senator Richter -- and talk to him about what he has to talk about, and we do have a representative, okay, that is a Realtor, and we can bring Representative Hudson to bear and see if we get some work done in that particular -- just to get them to talk and to find the right people that we can get -- make a contact with to see if there's any help out there to alleviate it on another -- a dimension that we're not looking at that we have in control as far as board is concerned, if that's the board's desire. I'm not going to have it all finished by the time you get back into September, but I'll give you an idea. COMMISSIONER COLETTA: It's a direction. It's day one. MR. HARRISON: If you'd like, we can also-- CHAIRMAN HENNING: Or we just don't take a break. MR. HARRISON: If you'd like, in that same vein, with you-- CHAIRMAN HENNING: Is that okay with you, Commissioner? COMMISSIONER COLETTA: That's fine. That's a start. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes. MR. MUDD: Then we'll come back -- and have staff come back the first meeting in September, kind oftell you what we found. MR. HARRISON: Mr. Mudd, we could also invite some local bankers, if you'd like, to give their in put on that. There's local banks on that list. Maybe call Colleen K vetko or somebody -- MR. MUDD: That's what I'm going to ask Senator -- soon-to-be Senator Richter to help me out with. MR. HARRISON: Thank you very much. CHAIRMAN HENNING: Next speaker? Page 234 July 22, 2008 MS. FILSON: The next speaker is Matt Sexton. MR. SEXTON: Good evening, Mr. Chairman, Members of the Commission. I appreciate your time and thank you very much for this opportunity to speak with you again today. Specifically, I'm here to ask you to take some action to pursue the $1 million NA WCA grant application for the Hamilton tract, which that NA WCA application is due on August 1. We heard your direction very loud and clear with regard to your decision earlier today and also we heard your concerns regarding the price, but we also understand and recognize that this is an important tract for conservation. It provides habitat for black bear, Florida panther, numerous water foul wading bird species, you know, tropical migrants, numerous federally endangered plant species as well. Also it's an important component of the Everglades restoration. We still have an opportunity to try and negotiate a purchase price for this property that is acceptable to the county commission, and we still have an opportunity to bring in $1 million of federal money for conservation to this county. This project -- and it's a project that has a lot of support. But this would require you to take some action today because of the August 1 grant deadline. Specifically, I'm asking for you to take action that-- to cooperate with the conservation fund to put together aNA WCA application for this property, to allow county staff to cooperate with The Conservation Fund, to use Conservation Collier land match to a NA WCA application, and to sign a partner letter to that effect. What does this mean? NA WCA requires a two-one match to be eligible and to maximize the competitiveness for that grant application. We would be -- like to be able to use Conservation Collier tracts to meet this grant match requirement. What that would mean is you -- if we were able to get a grant approved and if we were able to negotiate an acceptable purchase price for the property, whether it's the county or the Fish and Wildlife Page 235 July 22, 2008 Service or somebody else buying the property, regardless of who ultimately buys it, we would put a notice of grant agreement, NA WCA grant agreement, on the -- on that deed. And essentially what that means is, it provides a slightly greater level of protection to the property. For example, if a future commission decided to take the property out of conservation, what we would have to do is we'd either have to find an alternate that would be a substitute match tract or we'd have to repay the grant. So it's really not a big risk presuming that, you know, the goal of the program is to keep that -- the Conservation Collier lands in conservation. The Conservancy of Southwest Florida has stayed to show their support for this concept. They have also agreed to work with us to identify tracts that they own that they would put -- use as match for the NA WCA grant application. So it would buy us a two-year window, really, to negotiate a deal that makes sense to the county or to whoever the ultimate purchaser is. And, again, the ultimate goal of this program and what we're trying to do here is to get this property protected in the end with no cost to the county, whether it's through matching grants or through Fish and Wildlife Service ultimate purchase or both. CHAIRMAN HENNING: Is there questions? COMMISSIONER COLETTA: Well, yeah. I'm trying to get a grip on what you're saying. So what you're suggesting here is that we go ahead without giving permission to purchase and consider that at another day, your agency act upon our behalf to look for the grant; is that correct? MR. SEXTON: That's correct. Either we will put together a NA WCA application with either the county or The Conservation Fund as the applicant. It probably would be The Conservation Fund, but I'm not -- I'm not sure yet. COMMISSIONER COLETTA: Then this thing would be attached to the property in question? Page 236 July 22, 2008 MR. SEXTON: Yeah. Ifwe get the -- if we are successful in getting the grant and if we actually buy the property with those grant funds, that notice of grant deed restriction would be attached to the deed on the match tract. COMMISSIONER COLETTA: It sounds interesting, because I do plan to bring this back for reconsideration when we have a full commission, and I'd hate to see the -- this grant money just disappear if we go forward. MR. MUDD: Commissioner, there is no reconsideration on this item. It went 2-2. You had -- COMMISSIONER COLETTA: Then I ask the county attorney MR. MUDD: Can we do that? MR. KLATZKOW: Not -- we won't reconsider it in its present form, but we can bring it back as a changed form. We can change the structure of the transaction and bring it back, such an example as, we've got a million dollars now in the kitty. MR. SEXTON: This grant application is due August 1, and that's why I felt like it was important to come up here today under public comment and ask you for direction to staff on whether or not we can proceed with the NA WCA application, and no commitments beyond that. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: My biggest concern is -- and you just heard the property values here in Collier County. The biggest concern is, you go back out and get some other estimates in the value ofthis property. Okay. MR. SEXTON: Absolutely. COMMISSIONER HALAS: Okay, because I am not going to approve anything that in one year's time, when we've had this downturn in the economy, that you want us to approve something for another half a million dollars. Page 237 " ,---,-- July 22, 2008 MR. SEXTON: I understand. COMMISSIONER HALAS: There's nothing been improved on it. MR. SEXTON: I understand. I wasn't involved in the appraisal process, and I've never seen the appraisal. CHAIRMAN HENNING: This gentleman has nothing to do with that. MR. SEXTON: But I understand your concern. COMMISSIONER COLETTA: I do. CHAIRMAN HENNING: No, there's no -- COMMISSIONER COLETTA: No, I know that, but I'm waiting -- I want to speak again to address that. CHAIRMAN HENNING: Okay. COMMISSIONER COLETTA: May I? CHAIRMAN HENNING: Yeah. COMMISSIONER COLETTA: Okay. It was our appraisers that did the appraisal on this. It wasn't Hamilton's appraisers. It was ours, the county's appraisers. He paid for it because we directed that before. The amount came out to be what it is. Now, if we don't like the amount, fine, but I heard the comment made that something stunk here. There's nothing. It's county staff that put this whole thing together. It's county staff that endorsed it. There's nothing in here that's out of line, so I'm a little bit confused why we're so hung up on something that in the end is not going to cost us anything and put a tremendous block of land into conservation. I don't know where we're going with it. I really do want to see this come back when we've got five commissioners sitting here. CHAIRMAN HENNING: You want to have some -- COMMISSIONER COLETTA: Mr. Mudd. CHAIRMAN HENNING: -- guidance? MR. MUDD: Yeah, I have to -- I know we're talking about appraisals. I can see that there's some disagreement there. This will Page 238 July 22, 2008 have to -- this property, if Conservation Collier is going to buy, based on this grant application, if this -- if the board approves, the county manager, or if Commissioner Henning is here, that the chairman sign this NA WCA agreement that basically is going to leverage the Mackelvain property, I believe, is -- as kind of like the two-one match that you have for the grant until the property you're trying to acquire is purchased. If that, indeed, is what the board decides to do, in October there needs to be new appraisals on this property because the six months -- they become stale appraisals after a six-month period of time. And October is when that window, when it becomes stale again. If you apply in August, I guess -- you've got two windows in a year. You have an August submission and you have a March submission; is that correct? MR. SEXTON: That's correct. MR. MUDD: Okay. So we will find out December/January if this grant is forthcoming to Collier County based on an application that's submitted by the 1 August deadline. If the board decides not to do this, then you can't apply for this particular grant again until March and you won't know anything until June or July of '09 if this is an opportunity . I thought -- I heard this gentleman out in the hallway talk about a time limit. I thought it would be worthwhile if the board would listen to this particular comment, and I did ask him to please at least give you that option because it won't cost you anything about -- except designating, like the Mackelvain property or whatever that it would take, it would be something that's worth $2 million in your Conservation Collier repertoire of properties that you already purchased, to set those aside as a guarantee to get the grant, and then the grant can be used by Fish and Wildlife or anybody else to do the Hamilton property, and it might not even be a Conservation Collier Issue. Page 239 - "---r-' July 22, 2008 CHAIRMAN HENNING: Do we want to give guidance to the -- COMMISSIONER COLETTA: Yes, I do. CHAIRMAN HENNING: Okay. What is your guidance? COMMISSIONER COLETTA: My guidance is to go along with what Mr. Mudd just suggested. CHAIRMAN HENNING: Okay. COMMISSIONER FIALA: I agree. I don't ever want to turn my back on a million dollars. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Since we've had a better discussion here of what's really -- and we're not putting ourselves in a predicament that we're buying the property, all we're doing is giving you the okay to go out and obtain this grant if it's possible. So we're not talking about buying this property today; is that correct? MR. SEXTON: That's correct. COMMISSIONER HALAS: Okay. So all you need is to have direction from the board to go out and pursue this, and then when this has taken place, then it will come back to the board again, and then we can determine a fair market value for this property; is that correct? MR. SEXTON: That's correct, sir. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: What is your position on guidance, Commissioner Halas? Would you like to go along with your colleagues to give guidance -- COMMISSIONER HALAS: That's exactly where we're at with the discussion that I just had with this gentleman that I'd go along with the guidance of the other two commissioners. CHAIRMAN HENNING: Right. MR. KLATZKOW: Do you need a motion, sir, for your application? MR. MUDD: Let me help just a little bit with the -- well, he's got to come with an application, and I want you to be comfortable Page 240 July 22, 2008 with it. So let me address something for the board so that you can vote on it. That -- you direct staff to -- and this gentleman work together to come up with an application for the North American Wetland Conservation Act Grant; that we use an appropriate amount of conservation land as collateral in order to -- for the grant application; that the grant application be acceptable to the County Attorney's Office, then it goes through a legal review, and that -- and I believe, Commissioner Henning, you're going to be here before 1 August, I'm assuming. Is that -- CHAIRMAN HENNING: I'll let you know later. MR. MUDD: Okay. Well-- CHAIRMAN HENNING: No, I'm going to be here. MR. MUDD: Okay. And that you authorize the chairman, based on legal sufficiency review of the county attorney, to sign the particular grant application as a co-signer, or whatever need be, in order to submit it by 1 August. MR. SEXTON: We're going to need to find out if it would be the county or the conservation fund that we submit, and I've got it -- we've thought this through this afternoon, so I need to think it through more as I drive back to -- CHAIRMAN HENNING: You don't have to do it now. MR. SEXTON: Right. I just need to -- all I need -- CHAIRMAN HENNING: Is that a motion, Commissioner Coletta? COMMISSIONER COLETTA: That is a motion. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: And that's a second by Commission Halas. And staff will work it out with you, and I'll sign it. All in favor of the motion, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. Page 241 July 22, 2008 COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. MR. SEXTON: Thank you for your time. CHAIRMAN HENNING: Thank you. MR. MUDD: Ms. Filson, are we done? MS. FILSON: We're finished with public comment, sir. Item #12A AN EMPLOYEE DISCIPLINARY POLICY AND A COMMITMENT TO FAIR TREATMENT POLICY FOR ADMINISTRATIVE STAFF EMPLOYEES WORKING UNDER THE SUPERVISION OF THE EXECUTIVE MANAGER TO THE BOARD OF COUNTY COMMISSIONERS, TO SUPERSEDE THE CURRENT DISCIPLINARY POLICY APPROVED BY THE BOARD ON JULY 25, 2006 - MOTION TO APPROVE CMA 5351A DETAILED IN THE EXECUTIVE SUMMARY - APPROVED MR. MUDD: Okay. That brings us to county attorney report, 12A. It's a recommendation that the Board of County Commissioners approve an employee disciplinary policy and a commitment to fair treatment policy for the administrative staff employees working under the supervision of the executive manager to the Board of County Commissioners to supersede the current disciplinary policy approved by the board on July 25, 2006. Mr. Scott Teach, your deputy county attorney, will present. MR. TEACH: Thank you. Commissioners, in April you directed me to come back and bring you some options in creating a policy that Page 242 July 22, 2008 would allow the executive aides working under the executive manager to the Board of County Commissioners to have an appeal process. What I've done is I've brought back, one, the discipline policy. That gives you two options; and I've brought back a revised commitment of fair treatment policy as well. The -- section two of Ms. Filson's contract provides that the employees working under her are to comply with all the rules of the county manager's agency's human resources procedures. The only exceptions are the disciplinary policy. And in July 25, 2006, a policy was enacted on the consent agenda. At the last meeting of the board in April that we discussed this, there was consensus that maybe there's a better way of doing this. And what I've come up with is, for the discipline policy, I've used the existing CMA policy and created a -- one option where if -- the employee who may be subject to suspension or discipline was unsatisfied with the recommendation, they have an option to appeal directly to the human resources director. And the alternative option, which is 5351, Exhibit 2, is that there would be another layer. If they weren't pleased with the human resources director's decision, then there would be a potential to appeal to an outside hearing officer, which would be selected in conjunction with the County Attorney's Office. Just as background, I need to tell you that in the five years that I've been involved in employee disciplinary matters, the 16- to 1,800 employees under the county manager, we've only employed a hearing officer two times, and that was primarily because the hearing officer, which is oftentimes Mr. Ochs, was familiar with the incident, and we wanted to try to be as impartial as possible, and so we chose to go with an outside hearing officer. I need to tell you, in terms of expense, the last hearing officer we used, it would cost $9,600 to employ an outside hearing officer. And before that -- and I'm only going to use a rough. I don't have an actual Page 243 , July 22, 2008 figure for you, but my recollection, it was somewhere in the neighborhood of between 6,500 and $7,500. So it's not a cheap option. There's different ways you can craft that, but I just wanted to let the board know that as well. Yes, sir? COMMISSIONER HALAS: The hearing officer, is there any cost benefit as far as litigation if it goes to court, or is the hearing officer the end of it? Because some of these litigation, we could spend a hundred thousand dollars on. MR. TEACH: Yes, sir. That's a good question. Of the two that we did, only one involved a subsequent lawsuit, and we did that all in-house, because most of the employee-related litigation we do in-house. I know there's one that we did using outside counsel in the last five years that I've been involved, but most of that's done in-house. So there probably isn't going to be a big savings because you're spending on outside counsel. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Commissioner Coletta? I just think we ought to just take them out in the woodshed and be done with it. COMMISSIONER COLETTA: Well, they might take us on. I wouldn't take a chance on that one. But no, I would recommend that we just use the county manager's -- CHAIRMAN HENNING: Human resources. COMMISSIONER COLETTA: -- human resources to be able to handle this. Let's keep it simple, a proven thing. There's no justification for that kind of money to be spent to be able to bring about resolution. CHAIRMAN HENNING: Do you need a motion? MR. TEACH: Well, sir, I would like a motion if that's the option of the board, to accept 5351A, Exhibit 1, and the commitment of fair treatmeht, which is 5350, which is going to supersede and replace the policy that the board approved in -- July 25, 2006. Page 244 --,...~. July 22, 2008 COMMISSIONER COLETTA: So moved. CHAIRMAN HENNING: Is there a second to the motion? I'll second the motion for discussion. MR. TEACH: And Mr. Chairman, I just want to explain, too, that what we will do is, each year all the employees are given updated manuals. And when they're handled these manuals, they will be given these substituted pages to put into their manual, the executive aides, employees, so that their manual will be -- MS. FILSON: And can you also include the administrative aide? Sorry. CHAIRMAN HENNING: The-- MR. TEACH: Sorry, certainly. CHAIRMAN HENNING: In the contract, you develop your own policies, correct, Sue? MS. FILSON: I don't think so. We follow HR policies. COMMISSIONER COLETTA: That's great. CHAIRMAN HENNING: You do, great. MR. TEACH: Just one more thing. The CRAs, I've been in concert -- in communication with them because they're having employees now and they want to have a policy, and I suggested that once the board gives some direction here, we might bring back something in September addressing the same need as well. CHAIRMAN HENNING: Okay. Commissioner Halas? COMMISSIONER HALAS: I just want to make sure that -- my biggest concern is that we have fair treatment for the employees and that their side is heard and that they are well represented so it's not a kangaroo court. And I hope that if we decide to go with the first option, Exhibit 1, A, that this is going to be a better course of action than we presently have. I have some very -- I have some concerns in the past of what's taken place, and that's why I was looking at option two because I felt that it would be heard by someone that wasn't even familiar with the Page 245 July 22, 2008 case, and then there might be some different light cast upon the action. So whatever my fellow commissioners decide on, but I just want to make sure that it's fair and equitable to the people who are going to be reprimanded so that it's -- it's administered fairly. MR. TEACH: Yes. Sharing your concern, Commissioner, I tried to build in a buffer to keep the human resources director out of the early communication, the discipline, so that she'll be hearing it for her first time. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yeah. Say, for instance, the employee doesn't get an answer that they feel satisfied with or can live with from the human resources director. I don't -- I should say it only has happened a couple times. Where would they go after that? MR. TEACH: Well, that would be your final appeal. Even under the county manager's agency, you have so many appeals, and then you either accept it or -- you know, you accept the discipline or you move on. COMMISSIONER FIALA: I see. MR. TEACH: That's not how it's confronted to the employee, but there has to be a final word. CHAIRMAN HENNING: Is that before the woodshed or after? MR. TEACH: That's right before. COMMISSIONER COLETTA: One last -- one little last thing. What we're talking about is a package that's very similar to what the county manager does for all his employees? MR. TEACH: Yes, sir. COMMISSIONER COLETTA: And ifit worked for them all these years, why wouldn't it work for ours? MR. TEACH: That's correct. The only difference is under the county manager's agency, you have directors, administrators, and there's a couple more layers of people who can review these things; instead we're giving an opportunity for a single layer to have an appeal Page 246 .....-,-.,. July 22, 2008 from the executive manager. COMMISSIONER COLETTA: Well, one of the nice parts about it, too, is that the county manager's agency does not work directly for the Collier County Commission, where they do for the county manager. So, if anything, we have a separation here that's more profound than the county manager has. MR. TEACH: Yes, that's true, sir. COMMISSIONER COLETTA: What'd I just say? COMMISSIONER FIALA: We're still trying to figure it out. CHAIRMAN HENNING: Well said, and I agree with it. Any more discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. MR. TEACH: Thank you. CHAIRMAN HENNING: Thank you. Commissioner Coletta, you're the one that brought this up. Thank you. COMMISSIONER COLETTA: I'm glad we brought it to resolution. I can't believe how long it takes to get there sometimes. Item #13A AN AMENDMENT TO COLLIER COUNTY'S FALSE ALARM ORDINANCE NO. 97-8, AS AMENDED, AND PROPOSED BY Page 247 July 22, 2008 THE COLLIER COUNTY SHERIFF'S OFFICE, TO CHANGE WHETHER A DEPUTY "SHALL" WRITE A VIOLATION TO "MAY," TO CHANGE ATTENDANCE IN A PROGRAM TO PARTICIPATION, TO CLARIFY FINES AND VIOLATIONS AND TO CHANGE SPECIAL MASTER TO MAGISTRATE - MOTION TO APPROVE PROPOSED CHANGE TO ORDINANCE AND BRING BACK TO BOARD AFTER PROPER ADVERTISING - APPROVED CHAIRMAN HENNING: Now we're at 13A. MR. MUDD: Yes, sir. It's a recommendation that the Board of County Commissioners doesn't approve an amendment -- this was on the change sheet -- and it's a -- the title should read, it's a recommendation that the Board of County Commissioners approves the proposed changes to the false alarm ordinance and direct staff to advertise said ordinance and place on a future BCC agenda for final approval and adoption, and it's because this particular item was not advertised, so you can't chop off on the ordinance that's been provided. The next piece I did read into the record this morning is, not only does the title need to be changed, but the recommendation needs to be in line with what I just read as far as the change is concerned. You're approving a proposed change to the ordinance to be brought back to you at a -- at the next available time to the board properly advertised. And I have a representative from the Sheriffs Office here to answer any questions. And, ma'am, if you could identify yourself for the record to the Board of County Commissioners. MS. MULLEN: Good evening, Commissioners. My name's Tina Mullen, and I'm the false alarm bureau supervisor with the Collier County Sheriffs Office. And like he said, I wanted to bring to the board to approve the Page 248 July 22, 2008 proposed changes to the false alarm ordinance. The changes would include verbiage to several sections of the false alarm ordinance. We'd also like to enhance the process to the registration program, and also we'd like to direct the staff to advertise the proposed changes and return to the board for final approval. COMMISSIONER HALAS: Motion to approve -- COMMISSIONER COLETTA: Second. CHAIRMAN HENNING: Motion-- COMMISSIONER HALAS: -- the changes that you're suggesting and bring it back to a later meeting so that we can pass this ordinance after it's been vented (sic) properly, and it's been advertised. CHAIRMAN HENNING: Motion by Commissioner Halas to approve the recommendations and second by Commissioner Coletta. Discussion? Speakers? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saymg aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. MS. MULLEN: Thank you. CHAIRMAN HENNING: Commissioner Coletta has to leave by 6:00 o'clock and he said he had a whole bunch of things to discuss. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS Page 249 ....-.....,..-..- July 22, 2008 COMMISSIONER COLETTA: Actually just two, and I'll be very brief. CHAIRMAN HENNING: Okay. Does anybody have any objections to that? COMMISSIONER FIALA: No. COMMISSIONER COLETTA: I appreciate it because if I can get out of here a few minutes earlier, I might actually be able to eat before 10:00 o'clock. If I may? CHAIRMAN HENNING: Yes, please. COMMISSIONER COLETTA: There's two things. One, little bit different. CHAIRMAN HENNING: Take a break. COMMISSIONER COLETTA: We had a lady in Immokalee that owns chickens, not wild chickens, domesticated chickens. In fact, these are so sophisticated chickens, I think they can cluck in three different languages. COMMISSIONER FIALA: Play the piano. COMMISSIONER COLETTA: And she had a petition coming before us in the first week of September regarding these chickens. Code enforcement has served her with several notices on different issues, which she's willing to resolve or -- but the chicken one is the big thing. She can't do without her chickens. She's -- they're part of her life. She wants to come before this commission in September to be able to, under public petition, bring it up. In the meantime, between now and the September meeting, I would like for this commission to have code enforcement stand by until that point in time we get to hear her under public petition. Mind you, the neighbors have been living with it for some time. There's no real noise. These are, what do you call it, show chickens. COMMISSIONER FIALA: But why is code enforcement after Page 250 July 22, 2008 her? COMMISSIONER COLETTA: Because the ordinance in Immokalee does not allow chickens -- or barnyard animals to be kept at residential homes. And she -- COMMISSIONER FIALA: Somebody must have reported it. COMMISSIONER COLETTA: Well, yeah. And you've got chickens running all over the place in Immokalee, which is kind of weird, you know. But be it as it may -- and I'm not even sure I'd agree with it when it came with us under public petition. All I'm asking for is that we grant her the right of a fair hearing to be able to ask code enforcement just to put this on stay until she comes before us under public petition. And you look like you're going to cuckle, clackle. COMMISSIONER FIALA: Cackle. CHAIRMAN HENNING: Are these chickens on leashes? COMMISSIONER COLETTA: No. They're too sophisticated for that. They have special crates. In fact, this lady has two other homes in the United States, one in Louisiana and another one in the Carolinas, and she transports them with her wherever she goes. They're very well-educated and well-traveled chickens. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Do they lay golden eggs? COMMISSIONER COLETTA: The only thing I'm bringing up -- it's not the chicken issue so much as the fact I just want her to be able to come before this commission in September and be able to just be heard out at that point in time. You know, the commission can listen to her, do absolutely nothing, or rule against her or rule in her favor, whatever. CHAIRMAN HENNING: Yeah. I understand the reason, you know, for flapping the wings. But you know, I kind of know that ordinance, and it's going to be kind of difficult to give to one and not the other. Page 251 ------r-' July 22, 2008 Commissioner? COMMISSIONER FIALA: Yes. I just -- the thing that concerns me is, nobody's reported all the other chickens in Immokalee, and if these are such well-trained, teamed-- COMMISSIONER COLETTA: Well-mannered. COMMISSIONER FIALA: -- well-mannered chickens, why is somebody reporting these particular chickens and are they a nuisance for another month or should we just wait? COMMISSIONER COLETTA: I think just waiting rather than to ruffle anyone's feathers. What, did I just lay an egg? COMMISSIONER FIALA: Oh, it's getting late. MR. MUDD: Is it the board's desire for the county staffto toll the future code enforcement action on this particular item until this lady petitions the board on the 9th of September? COMMISSIONER HALAS: Yes. COMMISSIONER COLETTA: Yes. CHAIRMAN HENNING: If she bring her chickens, make sure they have diapers on. MR. MUDD: Yes, sir. I've got three nods that we'll toll future actions of code enforcement. Commissioner Coletta, if you could please give me the lady's name and address so that I can figure out who we need to toll? COMMISSIONER COLETTA: I'll be happy to. And if you'd like when she comes in under public petition, I can invite some of her chickens along too. COMMISSIONER HALAS: Tell her I need some hot wings. COMMISSIONER COLETTA: You're going to break this lady's heart if you ever say that in front of her. To her these chickens are her children. We'll get into that another day. The other one -- and I need Joe Schmitt for just one moment, please. This is our friend Michael Urbanic who's been working with the Sheriffs Department trying to resolve the issue of a possible Page 252 July 22, 2008 shooting range that could be used by both the Sheriffs Department and the public at large at the old Copeland prison. And Michael's getting a little frustrated with how everything's coming together, and he wanted me to discuss with you the removal of the conservation designation on the Copeland prison site. In the letter sent -- I guess I'll read it, to Joe or whoever -- already was his reasoning for it. Joe, can you take it from there? I'mjust following on his request. Mr. Urbanic's on vacation, so he couldn't be here today. MR. SCHMITT: In a follow-up, of course, he petitioned the Board of County Commissioners in regards to the old shooting range. It was actually a road prison at one time. That is in the area of critical state concern, special treatment overlay, about six miles, if I recall, about, east of Copeland. And in order to open that operation again and for him to operate it from the standpoint of a training area, it would have to be -- he'd have to do a Comprehensive Plan amendment. You just simply cannot lift that special treatment overlay off of that -- from the Compo Plan amendment, Future Land Use Map. Now, that said, we did tell him at the meeting when he was here, that if he gets some kind of interlocal agreement between him and the Sheriffs Office that this is going to become an exclusive site or primarily a site for the Sheriffs Office to train, to do the SWAT training, to do weapons training, to do the other type of training, that we could come back to the board and the board would declare this as a -- and I just lost the word. That basically it would -- essential service -- essential service, and it was declared essential service, then he could open and operate. Now, that -- the difficulty is whether it's operated as a for-profit business or those kind of things. That's something that Michael's going to have to explain. That'll certainly play in your decision, certainly playas far as a legal aspect of what you can do as a board, Page 253 July 22, 2008 but that's where we left this. Michael, I thought -- Mr. Urbanic was supposed to go back to the sheriffs office and try and get some kind of an agreement at least, that indicates eventually they will close the old range, move everything down to that area that -- of course the range that's in the North Golden Gate Estates area, and we would then proceed. I've heard nothing else from Michael, but that is currently the issue right now is -- COMMISSIONER COLETTA: Thank you very much, Mr. Schmitt. MR. SCHMITT: -- is the area of critical state concern, special treatment overlay. COMMISSIONER COLETTA: I did what he asked me to do, and thank you very much for that. If you'd excuse me, I really would like to leave now so I -- CHAIRMAN HENNING: You said you wouldn't leave till six. COMMISSIONER COLETTA: Well, I misled you on that, Commissioner Henning. I was making you move a little faster. Thank you. (Commissioner Coletta left the hearing room.) COMMISSIONER HALAS: Scrambled eggs. CHAIRMAN HENNING: County Manager? MR. MUDD: Yes, sir, I have three items. First, Ms. Nemecek, are you still here? I got a request here after the agenda was printed and it has to do with a possible company relocation project -- they call it the Milano series -- where this company might want to come to Western Collier County and will create 20 new jobs. They would like to be able to apply for the county's incentives programs, i.e., fast track regulatory review, the job creation program, the QTI matching funds, and the Collier County -- Collier County property tax stimulus program, all of which basically, together, get you something less than $200,000 as incentives. Page 254 July 22, 2008 You approved today the Arthur X relocation which pretty much consumes every bit of incentive money that you had for the year, and it gives you -- and it also -- it also provided an obligation for the next couple of years at a lesser extent than what you approved study. What this -- what Ms. Nemecek has asked me to ask the board is, would you be willing to obligate less than $200,000? Job creation program would be 20,000, the QTI matching funds would be 16,000, and the proposed property tax stimulus program would be $148,559. Would you be willing to obligate less than $200,000 to try to bring this new company into Collier County? COMMISSIONER HALAS: Yes. MR. MUDD: Now, Ms. Nemecek, what did I forget? MS. NEMECEK: That it only -- I guess the payout schedule for this would be years 2011 and 2012 through years '21 -- 2021 and 2022. So you're paying this out over a 10-year time period, would be the only other -- MR. MUDD: Now, they're not coming -- she's just trying to stay competitive, Jeff. We don't know if they're going to apply here, but she can't go and say, come to Collier County because I have these wonderful incentive programs that you can partake in and yet all of a sudden they dry up. That doesn't -- that doesn't make you put your EDC on very good footing. But Mr. Klatzkow has some concerns. MR. KLATZKOW: Yeah. I mean, as long as we have available funding over the next couple of years, we may get several applications in. You know, we've had applications for people who weren't quite real. Before we obligate anything, I'd just like to see the application. MS. NEMECEK: Well, it would have to actually -- let me explain the timing component of it. Because the funds have not been approved yet for next fiscal year was our biggest concern, because typically what happens is that the funds are approved in the fiscal year, then they're encumbered for the project. Page 255 July 22, 2008 What we have to do -- because the BCC is not meeting in August -- this is Tammie Nemecek, Economic Development Council. Because the board is not meeting in August and the timing of the company was such, we are still going to have to get state approval for this as well. So the hope was, is that at least direction that says, yes, bring this back on a future BCC meeting for final approval; in the meantime we can work with the State of Florida to make sure that they're going forward at the state level. We'll still probably have to ask for a letter preserving inducement at the state level because of timing issues there as well. But I guess the direction from you, of whether or not you want to us pursue this; otherwise, we'll take our hat out of the ring. It's between us and Lee County at this point in time. And so it's, do you want the hat in the ring or not the hat in the ring as the company is proceeding forward with their location decision. MR. KLATZKOW: You just can't promise them the money though. That's all I'm saying. MS. NEMECEK: At the point in time when we bring it back for final approval of the BCC is when we anticipate that they would receive final approval for everything, and they understand that. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: This company, is it the company that I read about this past weekend? MS. NEMECEK: No. That company actually would not be participating in incentive programs because they already made their decision to locate here. We're working with them, though, aside from that in helping to get situated in Collier County, but they weren't seeking incentives. MR. MUDD: So this is a company that basically produces a product that -- and they might sell products like merchandise, purses, Page 256 --~--r"-'" July 22, 2008 and that kind of business. I did kind of take a look at their website yesterday. MS. NEMECEK: It's a 30 year old distribution company. They'd be relocating their corporate headquarters here as well as distribution activities, both domestic and international. COMMISSIONER HALAS: Do we have the funds at the present time? MR. MUDD: If this board decides that you want to put less than $200,000 on there, we'll make some room as you go through your budget decisions in September, and then we'll take a look at what the turn -- take a look at what turnback is in order to see if those dollars exist or not. You have about $7.6 million in turnback that you're going to take a look at the first meeting in November in order to fill those particular places that you decided to take cuts from, resurfacing limerock road conversion, and it goes on and on. So we'll lay that down -- and $350,000 for books at the south library. But all items that we need to try to get at -- and this would be another $200,000 that we would add to that list. COMMISSIONER HALAS: Okay. But when we discussed that in the budget hearings, wasn't there some priorities put on some of that money already, where it was to be directed at as it came available? And what I'm getting at is, we're not going to make a promise that we can't fulfill. MR. MUDD: That's right. And I'm going to have to go out and I'm going to have to find $200,000 someplace in order to liquidate it, so to speak, and put it on the tumback list in order to get that done. And I guess what I'm going to say to you is, I -- we can work through that. COMMISSIONER HALAS: Okay. CHAIRMAN HENNING: Well, you heard Steve, you know, talk about empty houses and yada, yada, yada. Page 257 July 22, 2008 When you bring new people in, you start filling those houses, you start taking care of another problem. And, boy, do we need to diversify this community, and now is our opportunity to do so with the real estate down, so -- MR. MUDD: I have three nods. That's what I'm looking for. CHAIRMAN HENNING: Yep, three nods. MR. MUDD: Three nods. CHAIRMAN HENNING: I only have one question, Tammie. Is that your daughter? MS. NEMECEK: Yes, that's Lindy. CHAIRMAN HENNING: Now, would you ask Lindy if she would like to come back some day and lead us in the Pledge of Allegiance. MS. NEMECEK: I would love to. She might even sing the National Anthem for you. Thank you. MR. MUDD: Okay. The next item I need to talk to you about -- I'm going to need to get this. On the 2nd of July, I told the board at the last meeting that I would go to Tallahassee to talk to the state Department of Environmental Protection about Delnor- Wiggins State Park, and I did that. And I sat down with Mike Bullock, who's the director of the Florida state parks; Bob Ballard, who's the deputy secretary of land and recreation; Belinda Subic (phonetic), who's the bureau chief of Florida Parks Service; and an Albert Gregory, office of park planning, division of recreations and parks. And we wanted to talk to them particularly about Delnor- Wiggins State Park and two ideas that we wanted to share. And I talked to the board about it before I left and I got a thumbs-up from all the board members to go try to do that. And what we're trying to do is to resolve the parking and the access issues in Delnor-Wiggins State Park. And as you know, there's about 50 times a year right now that traffic backs up going down thiss Page 258 July 22, 2008 way and over Bluebill all the way over the bridge all trying to get into the park property because you have a two-lane road, one lane coming out and one lane coming in, and you have one place where you can buy a ticket for the day, you can ask questions for the day, you can park your car if you can get a space and try to get a seasons pass while everybody else is waiting trying to get to the 350 parking spaces that are available out there, or you get to sit there and wait because all the parking spaces are consumed and you can't get there, but nobody in the back knows except for that one lit sign that says the park is full. So what I went forward with is I went to talk to them about having a four-lane road go into the park, and there is some easements that are there. They've also got some requirements from the fire district in the North Naples Fire District to make the lanes wider, at least the access wider, to 22 feet. When you do that, you're getting pretty close to what a two-lane capacity is at 12 each. So it's not much more than they need in order to get their permit done. Talked to them about putting two lanes in, adding another place where people can pay a ticket, or may it be remote control where they pay their money and get it or show their pass and move forward, and there's a turnaround area where people can turn around over the present facility and the one proposed add-on that's right behind the present office. At the same time you are going -- you as a board are going to see a turnaround and access that runs north of this particular property that used to be the Vanderbilt Beach Inn -- and you remember when they give you an access easement along with the place where they can get in the bathroom. Part of that particular issue is to have a turnaround or a dropoff area in a place where if somebody ran into a, I'm full in the park side, where they could turn around and get out of the traffic jam and try to ease that up. You as a board, two years ago, I believe, gave the sheriffs office Page 259 July 22, 2008 $66,000 a year for two deputies to stand out there on those busy days to direct traffic to get them out of there and break up the traffic jam. These particular improvements, we believe, would stop that outflow of dollars on an annual basis, and you can redirect them to the sheriff to do something else instead of moving traffic. All of that improvement was based on -- and our conversation on the county dime. And the second piece that we bring to the table is -- and this is area where they call area four, their boat -- I can't see it right now. Area three is right there. Area four and area five is the most popular site, and that's right by Wiggins Pass where the boats go, but that's their most -- that's where everybody wants to go in the park if they could find a space to go swim and watch the boats go by. And I believe that's where Commissioner Halas takes his boat out from time to time. They're probably all waiting to sign autographs and watch you go by, but -- just kidding. One of the other proposals was this structure right here in area number four. Right now the Wiggins Pass park is underutilized as far as the 200-square-foot per beach goer that you can get on the particular linear park. And we're using their master plan as the reference, and that was done in 2,000. And it just so happens, Mr. Mike Bullock, who was at the meeting, who's now been promoted, was the gentleman down at the local area that actually wrote that management plan. So it was kind of hard when I was giving him his data back to have him say, well, that's not the case. So that's good always having the author in your room. What I'm basically proposing in the second piece is to build a parking garage, building a parking garage with rest room facilities and to have a concession area in the front. And they've been looking for a concession opportunity where they can offer soft drinks, hot dogs, something from a -- thing for the beach goers. Page 260 July 22, 2008 This garage would have 200 additional parking spaces in it over what the park already has at 350. So you're doing a 40 percent increase to the park's parking capacity in order to get this done. Now, I said the first part, when you're doing the access to get in at four lanes was on the county nickel, we think that's going to come in less than a half a million dollars. That would be the first phase. The second phase would be the garage. And the deal there would be the increased capacity that's given to them with this additional 200 spaces, the county would get the cut on the beach goers on that to pay off the loan for building that garage and the improvement. And once the county has paid for the improvements, Phase 1 to get in plus the garage, the concession, and the lavatories, then those facilities would be owned by the park free and clear, and we would be -- and we would be finished and we would be kept whole as far as the TDC money that's park access that would be used for this, and it would be part of that $2 million that Ms. Ramsey gets every year from the TDC that would be part of the money that we would put down as collateral in order get this thing paid off. That was a proposal that I went forward with. I was surprised after two-and-a-halfhours, there was -- I told you four people, but there were about seven, and I was the only one from the county. And I got into the point in time where they were acceptable to look at the proposal. And Mrs. Ramsey has actually had a couple of those people come down already and start talking to her about this particular concept. I wanted to make sure that you're aware of that. We went from, get out of my face, I don't want to talk to you to -- we believe this is -- this is an outstanding recommendation. This is out of the box for the state park service. This is way out as far as what they've got, but they've got other areas just like us in other places of the state, and they're -- and they would be willing to work with us in this particular proposal. Page 261 July 22, 2008 Now, we've got some details to flush out, i.e., how we work the refund part, the funding issues, and we'll work through all of that. But I wanted to give the board the opportunity to get back some feedback from my visit to Tallahassee, and I think we're on our way finally getting some solution to this. I can't promise you that it's going to be done within the next two years. I believe Phase 1 will get done within -- we'll start working on that within the next year. We've got some permitting issues, and then laying the construction contract. And, again, we'll bring those forward to you. And we need to have an agreement with the state to go to Phase 2 and have that locked in. We don't want to do Phase 1 on our nickel and then have no way to recoup those dollars, so we need to have that piece in there so it's locked down, and we'll be working on that over the summer and into the fall. Mr. Chairman, Commissioners, do you have any questions based on -- CHAIRMAN HENNING: Commissioner Halas does, Commissioner Fiala does. COMMISSIONER HALAS: I think it's fantastic, and I'm amazed that you were able to accomplish this task. I know that you wrote a number of letters to Mike Sole, you wrote a number of letters trying to get some dialogue, and finally it's worked, and I want to thank you very, very much for everything that you've done in regards to moving along where we are today. It's a whole lot better than we were three months ago. COMMISSIONER COLETTA: Commissioner, thank you, but I will tell you, a lot has to do with the board's reaction to my trip, getting a unanimous vote to go do it and having the board's resolve expressed that says, hey, this needs to get resolved or we need to get the lieutenant governor involved. And I believe it made my bargaining ability a whole lot easier to Page 262 July 22, 2008 do based on those particular past statements and your unanimous vote of what I was going to try to accomplish with Tallahassee. And that was one of the first things. You're here and you have a unanimous push by the board in order to get this done. Yes, I do. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Ditto to what Commissioner Halas said. And on top of that, I don't think we can do it soon enough. I'm ready. MR. MUDD: Okay. CHAIRMAN HENNING: And I'm assuming you're going to work with the county attorney on the funding payback issue? MR. MUDD: Oh, absolutely. We're going to totally involve the county attorney in this particular -- when we have a legal agreement that we have to make with the state -- we've done one of those legal agreements once before that had to do with the South Golden Gate Estates access with the road, and we got to get those things. You've got to tie that thing down, one of which hasn't been resolved yet. But we're on the way to try to find an area. Right now we've got the state -- and I'm going off on the A TV thing. We've got the state, we've got your representatives, staff, all working on an area that has some potential in order to try to get you an A TV site that fits the 640 acres. CHAIRMAN HENNING: So you need -- you have what you need on this report on Wiggins. MR. MUDD: Yes, sir. I've got what I need and we're going to continue to move out on it. CHAIRMAN HENNING: Okay. Thank you. MR. MUDD: And the last item that I have in communication -- I'm going to turn this thing off -- is last time -- I had an item on the agenda at the last meeting, and it was item 10K, and it had to do with an audit of the clerk's office, and the board approved the particular item. Page 263 _...~.,,- July 22, 2008 One of the things that was said as a stipulation is, I had to write the clerk in order to get the clerk to respond. And ifhe'd give us the information, then we wouldn't need to get the audit. I wrote the letter on the 27th of June. We have not received anything as far as a response. He did get the letter though because his attorney filed it with the court as far -- as part of the current court case, so I know that was received. The issue now is to go out and get an audit firm. We've contacted Ernst & Young. Ernst & Young has a conflict of interest. They're going to stay as our auditor on this particular item, and they expressed they would prefer not to do this. We've even gone out to KPMG and talked to them, and they-- because they were the county auditors a year ago, still have a conflict of interest in their particular regard. So I've now looked at our past auditors, but the current auditor and our past auditor -- because I'm trying to find an audit firm that could do it rather reasonably because they know our SAP system and things like that, so it doesn't cost us an arm and a leg. I am now to the point in time I have to go out and ask firms for a bid on the particular work. And I just want to make sure that I'm squarely where the board wants us to be, and I'll go out and I'll get at least three local what I'll call Collier County/Lee County-type firms and get an estimate and then bring that back to you by the 9th of September so that you have that particular piece and you can make a decision on that particular time, if you want to offer and go down that road. COMMISSIONER HALAS: Yes. CHAIRMAN HENNING: The -- my understanding was that you were going to get approval from the clerk first before you go out in that endeavor. MR. MUDD: Yes, sir. I asked the clerk, provided the letter on the 27th, 2008, laid down the information that we needed, and I did Page 264 July 22, 2008 not receive a response, sir. CHAIRMAN HENNING: But you still haven't got his approval? MR. MUDD: You never asked me to get the clerk's approval. He wrote -- his attorney wrote you, Mr. Grady, and basically said that if the board decides to do an audit of the particular instance -- and we're talking about your interest money, okay, and its present status and to make sure it's in concert with and being used in concert with your resolution 2007-257 -- that the clerk would cooperate in that particular audit. Mr. Grady expressed that already. CHAIRMAN HENNING: I know that. I remember seeing that. But, you know, the comments was, is to get the clerk's approval, not his lawyer's approval. And you said yes, sir, and that's why I voted for it. Commissioner Fiala? COMMISSIONER FIALA: Yeah, one of the things I think as a board have always stressed as far as the clerk goes or anybody, when the clerk wanted to do audits, we said fine. The books are open. We want you to do whatever you want to do. We've always stressed open government, open audits, do all the audits you want because we have nothing to hide. So I would think that this would fall in the same line. You know, that should be audited, too. COMMISSIONER HALAS: You're absolutely right. CHAIRMAN HENNING: Well, yeah. But you see, it's the issue of, the clerk has to come to the Board of Commissioners and get the Board of Commissioners' approval before the audit. So it's not quite what you said. And I clarified with the county manager a part of that, that he's going to get approval from the clerk to do the same thing. I mean, so MR. MUDD: What I wrote on the 27th of June, and Leo's looking it up right now, in the fourth paragraph of the letter, I wrote down, the board instructed me to inquire if the clerk would provide the Page 265 July 22, 2008 required information to the county manager. This action would avoid the cost of an audit. And that -- and that, I believe, was the second piece of that particular issue. It wasn't to get the clerk's approval for the particular issue. It was to get the information -- CHAIRMAN HENNING: Oh, I would have voted no. MR. MUDD: -- so you wouldn't have to have the audit. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yep. I believe that the clerk was pretty much instructed in regards to -- that all funds had to be turned over, and if he needs additional funds, he needs to come before the Board of County Commissioners. And I've got some concerns about how much money has been spent, and I feel that the only way to address this is to have an audit. We did contact, through -- County Manager has made that contact with the Clerk's Office. Obviously he hasn't got a reply, which tells me that the clerk is not interested. That's just like if somebody sends you an email and you don't reply to them, you're not going to reply to them. It's just like, I'm ignoring you. So that's exactly how I look at this, and I feel that we need to move forward here and give direction to the county manager to find -- seek out one of these companies locally and proceed. MR. MUDD: Commissioner, I'm going to go out get bids, okay. I'm going to get three bids and then bring that back to the board, okay, in an agenda item so that you can approve the dollar amount in that particular issue. I've got to go out and look. People that were familiar with the system, I figured I could get it for $15,000 max. I don't know where I'm at at this particular juncture, that's why I need to go out and ask. COMMISSIONER FIALA: I think we need to do this. I think it's important that we have audits taken, and if the clerk hasn't answered us -- I remember the clerk reported us to the Naples Daily Page 266 July 22, 2008 News when we didn't answer something fast enough, he thought. And so I think ifhe didn't answer that, to me, says it's acknowledgment that he's gotten it and that he has no problems with it. CHAIRMAN HENNING: You're not getting my support on it. MR. MUDD: Yes, sir. I've got two nods. That's all I have. CHAIRMAN HENNING: Do have you anything else? County attorney? MR. KLATZKOW: No, nothing at this time, sir. CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes. I think all of you were privy to the letter that might have been sent to each of you in regards to the Southeast Florida Transportation Council, and that's a group that basically is Broward and Dade County, and they were very concerned about where we're headed on the Alligator Alley, and I'll just read a brief statement here. It is my understanding -- and this is -- this is written by Richard 1. Caplin, who is the chair of that particular committee. It is my understanding that on June 25,2008, the Florida Department of Transportation, FDOT, reissued a request of four proposals for a concessionaire to lease Alligator Alley portion of 1- 7 5 in Broward County and Collier County. Further, it is my understanding that the Broward County Board of County Commissioners and Collier County Board of County Commissioners and the Broward Metropolitan Planning Organization are opposing the leasing of Alligator Alley. As chair of the Southeastern Florida Transportation Council, I ask that FDOT reconsider its plans in regard to the completed -- contemplated FDOT leasing arrangement. My understanding from con -- my understanding from conversations that took place on July 9, 2008, at the SEFTC meeting, that FDOT has put out requests for proposals, RFPs, with the intention to see what proposals are provided if the decision of the lease is not Page 267 July 22, 2008 predetermined. I, therefore, ask that you be -- on behalf of the Southeastern Florida Transportation Council, that the decision regarding the leasing of the Alligator Alley be brought back to this body and the MPOs of the two counties prior to any final decision by the state and to consider the public bonding as an option rather than the private leasing with revenues returned to Collier and Broward Counties. And that's Richard 1. Caplin, the chairman. So there is other people in the transportation areas that are very concerned about what's transpiring here with Alligator Alley. I just wanted to make sure that fellow commissioners here understood that there are other people on the other coast that are very interested in what's going on. CHAIRMAN HENNING: Do you have anything else? COMMISSIONER HALAS: That's it. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: I don't have anything. CHAIRMAN HENNING: I left all my notes at home. COMMISSIONER FIALA: You want us to come back in the morning? CHAIRMAN HENNING: Well, I wouldn't do that to you. COMMISSIONER FIALA: I wouldn't mind. CHAIRMAN HENNING: So we only have one more action, and I need a motion to adjourn. COMMISSIONER FIALA: Motion adjourn until September. COMMISSIONER HALAS: Second. CHAIRMAN HENNING: All in favor, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Any opposed? (No response.) Page 268 July 22, 2008 COMMISSIONER HALAS: And everybody have a great vacation. Okay. Staff included, thank you. ****Commissioner Halas moved, seconded by Commissioner Fiala and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 A FEE PAYMENT ASSISTANCE PROGRAM AGREEMENT WITH ARTHREX MANUFACTURING, INCORPORATED CONSISTENT WITH THE PROVISIONS OF THE FEE PAYMENT ASSISTANCE PROGRAM AND THE COMPANY'S APPROVED INCENTIVE APPLICATION - A LIEN WILL BE PLACED AND REMAIN ON THE SUBJECT PROPERTY FOR THE TEN YEAR TERM OF THE AGREEMENT Item #16A2 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR SUSSEX PLACE - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY (UPS) Item # 16A3 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR ASHTON PLACE - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY (UPS) Item #16A4 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY Page 269 July 22, 2008 FACILITIES FOR PRESTWICK PLACE - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY (UPS) Item # 16A5 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR ST. AGNES CHURCH - W/RELEASE OF ANY UTILITIES PERFORMANCE SECURITY (UPS) Item #16A6 AN INTERLOCAL FIRE IMP ACT FEE RECONCILIATION AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF MARCO ISLAND IN ORDER TO CORRECT THE ERRONEOUS PAYMENT OF FIRE IMPACT FEES BY THE COUNTY (THIS ITEM IS THE COMPANION TO ITEM #16A7)- AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A7 AN INTERLOCAL FIRE IMP ACT FEE RECONCILIATION AGREEMENT BETWEEN COLLIER COUNTY AND THE BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICT, THE EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, THE GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT, THE IMMOKALEE FIRE CONTROL DISTRICT AND THE NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT IN ORDER TO CORRECT THE ERRONEOUS PAYMENT OF FIRE IMPACT FEES BY THE COUNTY AND ADMINISTRATIVE FEES COLLECTED RELATED TO THOSE ERRONEOUS PAYMENTS (THIS ITEM IS A COMPANION TO ITEM #16A6) - AS DETAILED IN THE Page 270 July 22, 2008 EXECUTIVE SUMMARY Item # 16A8 OFFSITE REMOVAL OF UP TO 700,000 CUBIC YARDS OF EXCESS FILL FROM THE LEL Y RESORT. THE EXCESS FILL IS A RESULT OF PREVIOUSLY APPROVED DEVELOPMENT AND LAKE EXCA V A TION WITHIN LEL Y RESORT AND THE MATERIAL IS ALSO TIED TO CURRENT AND PROPOSED EXCAVATIONS THAT ARE IN SUBSTANTIAL CONFORMANCE WITH THE APPROVED PUD MASTER PLAN - FOR THE MAXIMUM ALLOWABLE EXCAVATION DEPTH OF 30 FT. FOR THE REMAINDER OF THE LAKES AT THE LEL Y RESORT PUD; THE PETITIONER HAS AGREED TO PAY $1.00 PER TRUCKLOAD TO OFFSET ANY DAMAGE CAUSED BY HAULING Item # 16A9 REQUEST BY THE ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY TO EXTEND THE SUNSET DATE OF THE FEE PAYMENT ASSISTANCE PROGRAM, PROPERTY TAX STIMULUS PROGRAM, JOB CREATION INVESTMENT PROGRAM AND THE ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM FROM THE CURRENT DATE OF OCTOBER 1,2008 TO OCTOBER 1,2013- THE EXTENSION OF THE SUNSET DATE WILL ALLOW THE PROGRAMS TO REMAIN IN PLACE EVEN IN THE ABSENCE OF FUNDING MOTION TO RECONSIDER ITEM - APPROVED 3/1; MOTION TO APPROVE AGREEMENT AS PRESENTED IN THE EXECUTIVE SUMMARY (NOT AS STATED ON THE AGENDA CHANGE SHEET - APPROVED Page 271 July 22, 2008 Item #16A10 SECOND MEMORANDUM OF AGREEMENT AND SUPPORT: APPROACH TO IDENTIFICATION AND DISTRIBUTION OF INCREMENTAL REVENUE FROM THE CAT AL YST PROJECT FOR ECONOMIC DEVELOPMENT, FLORIDA'S RURAL AREAS OF CRITICAL ECONOMIC CONCERN (RACEC) AND AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENT - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A11 RECOMMENDATION TO APPROVE FOR RECORDING THE FINAL PLAT OF LEL Y BAREFOOT BEACH UNIT FIVE - THE DEVELOPER MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE OF THE CONSTRUCTION PLAN AND FINAL APPROVAL LETTER Item #16A12 AN ALTERNATE SECURITY FROM THE CURRENT OWNER OF TUSCANY RESERVE, AND TO ENTER INTO A NEW CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS - THE ESCROW FUNDS SHALL BE RELEASED TO THE DEVELOPER ONLY UPON WRITTEN APPROVAL OF THE COUNTY MANAGER OR HIS DESIGNEE Item #16A13 Page 272 -"-~'- July 22, 2008 RESOLUTION 2008-204: FINAL APPROVAL OF THE LANDSCAPE AND IRRIGATION IMPROVEMENTS FOR THE FINAL PLAT OF REFLECTION LAKES AT NAPLES PHASE 1D (WALNUT LAKES PUD) WITH THE LANDSCAPE AND IRRIGATION IMPROVEMENTS BEING PRIV A TEL Y MAINTAINED - W /RELEASE OF THE MAINTENANCE SECURITY Item #16A14 RECOMMENDATION TO APPROVE FOR RECORDING THE FINAL PLAT OF CORDOBA AT LEL Y RESORT, APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY - W /STIPULA TIONS Item #16A15 RECOMMENDATION TO APPROVE FOR RECORDING THE FINAL PLAT OF HIDEAWAY STORAGE/DOMESTIC - THE DEVELOPER MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE OF THE CONSTRUCTION PLAN AND FINAL APPROVAL LETTER Item #16A16 EXTEND THE SITE DEVELOPMENT PLAN (SDP) APPROVAL TIME LIMIT FROM 2 YEARS TO 3 YEARS WHEN CONSTRUCTION HAS NOT BEGUN AND TO EXTEND THE TIME LIMIT FROM 18 MONTHS TO 30 MONTHS WHEN Page 273 July 22, 2008 CONSTRUCTION HAS BEGUN FOR PROJECTS CURRENTLY APPROVED BUT OUTSIDE THE TIME FRAME AS BEING PROPOSED BY THE AMENDMENT TO THE COLLIER COUNTY LAND DEVELOPMENT CODE, SECTION 10.02.03; SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS - DUE TO THE DOWNTURN IN THE ECONOMY THIS WILL PREVENT ANY UNDUE HARDSHIP BY ALLOWING THE DEVELOPER TO WORK UNDER INITIAL BOARD APPROVAL; FOR THE FOLLOWING PROJECTS: PALAZZO VILLAGE, TRAFFORD ISLES, THOMASSON VILLAGE, MERIDIAN MARKET PLACE, ROLLSECURE SHUTTERS AND CANOPY PLACE Item #16A17 DIRECT STAFF TO ADD TO THE EXISTING GMP AMENDMENT PETITION CPSP-2006-13, REVISION OF AN ACREAGE FIGURE IN THE GOLDEN GATE AREA MASTER PLAN PERTAINING TO THE CENTER POINT CHURCH CONDITIONAL USE, AND TEXT RECOGNIZING TWO EXISTING EXCEPTIONS TO CONDITIONAL USE LOCA TIONAL RESTRICTIONS - RESULTING FROM AN ERRONEOUS ACREAGE FIGURE DURING A COUNTY INITIATED 2004 GMP AMENDMENT Item #16A18 RESOLUTION 2008-205: DIRECTING THE COUNTY MANAGER OR DESIGNEE TO INVOKE ARTICLE I, CHAPTER 38, SEe. 38-7, OF THE CODE OF LAWS AND ORDINANCES; "POST-DISASTER RECOVER/DETERMINATION OF DAMAGE, BUILD-BACK POLICY, MORATORIA, EMERGENCY REPAIRS Page 274 July 22, 2008 AND EMERGENCY PERMITTING SYSTEM," AND BY DOING SO ALLOW FOR THE REPAIR AND REPLACEMENT OF DAMAGE TO ALL STRUCTURES IN THE IMMOKALEE FARMER'S MARKET DAMAGED BY HURRICANE WILMA- LIMITING THE INTENSITY OF CONSTRUCTION AND REPAIRS; ALL STRUCTURES MUST COMPLY WITH APPLICABLE FEDERAL, STATE AND LOCAL REGULATIONS Item #16A19 -Moved from Item #17C RESOLUTION 2008-206: EXTENDING THE TERM OF THE AD HOC EAST OF COUNTY ROAD 951 INFRASTRUCTURE AND SERVICES HORIZON STUDY PUBLIC PARTICIPATION MASTER PLAN COMMITTEE Item #16B1 A TEMPORARY DRIVEWAY ACCESS AGREEMENT ALLOWING HOMEOWNERS TO CONTINUE USING THEIR EXISTING UNPERMITTED ACCESS TO GREEN BOULEVARD - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16B2 CHANGE ORDER #1 ADDING $588,111 FOR CONTINUING INSPECTION SERVICES FOR CONSUL-TECH CONSTRUCTION MANAGEMENT, INe. UNDER ITN #06-3583 "CEI SERVICES FOR COLLIER COUNTY ROAD PROJECTS" FOR PROJECT #62081 , "SANTA BARBARA BOULEVARD FROM DAVIS BOULEVARD TO COPPER LEAF LANE" - FOR AN UNDERESTIMATED CONSTRUCTION TIME FRAME AND PROVIDING FOR THE NECESSARY OVERTIME TO Page 275 '~"'.,.__.,. July 22, 2008 MAINTAIN THE CONTRACT SCHEDULE Item #16B3 BID #08-5027 FOR THE BA YSHORE DRIVE BRIDGE LIGHTING & LANDSCAPE INST ALLA TION PROJECT LAP FM #412559 TO E.B. SIMMONDS ELECTRICAL, INC. WITH A BASE AMOUNT OF $53,762.15 AND ALTERNATE IN THE AMOUNT OF $16,309.16 FORA TOTAL OF $70,071.31- REIMBURSEMENT FROM FDOT FUNDING IS ANTICIPATED Item #16B4 - Withdrawn BID #08-5061 "GOLDEN GATE PARKWAY (LIVINGSTON ROAD TO 66TH STREET) AND (60TH STREET TO SANTA BARBARA BLVD.) ROADWAY GROUNDS MAINTENANCE" TO GROUND ZERO LANDSCAPING SERVICES, INC. IN THE AMOUNT OF $41,651.39 (FUND 111, COST CENTER 163831)- FOR APPROXIMATELY 1.5 MILES OF LANDSCAPING AND IRRIGATION Item #16B5 AN EXTENSION TO THE DUE DATE FOR THE POSTING OF A BOND IN THE US 41 CONSORTIUM DEVELOPER CONTRIBUTION AGREEMENT (DCA), RECORDED AT O.R. BOOK 4303, PAGE 2349 TO OCTOBER 31, 2008 - BECAUSE OF CURRENT ECONOMIC CONDITIONS THE CONSORTIUM HAS ALSO REQUESTED AN EVALUATION AND FOR POSSIBLE MODIFICATIONS TO THE DCA Item #16B6 Page 276 July 22, 2008 REJECT A $5,000 BID ON A VACANT, 10-ACRE PARCEL OF SURPLUS LAND, PROJECT #60171. (FISCAL IMPACT $0)- THE COUNTY'S ASKING PRICE WAS $340,000 FOR PROPERTY LOCATED OFF OF COUNTY BARN ROAD Item #16B7 BID #08-5091 "US 41 NORTH (SR 45) PHASE IV EFFLUENT WATER CONVERSION" TO HANNULA LANDSCAPING IN THE AMOUNT OF $51,386.20. (FUND 111, COST CENTER: 163820) - FOR APPROXIMATELY 1.5 MILES OF IRRIGATION CONVERSION Item #16B8 WORK ORDER #BR-FT-5045-08-01 TO BETTER ROADS FOR THE FOREST LAKES MSTU BOND PROJECT F-47 MILLING & OVERLAY FOREST LAKES DRIVE AND SIDE STREETS FROM FOREST LAKES BOULEVARD TO SOUTH END USING THE ANNUAL CONTRACT FOR ROADWAY CONTRACTORS, CONTRACT #08-5045 IN THE AMOUNT OF $431,149 - AS PER DIRECTION FROM THE FOREST LAKES MSTU COMMITTEE Item #16B9 AN AGREEMENT TO CONSTRUCT A TURN LANE FOR THE ROCK CHRISTIAN CHURCH IN EXCHANGE FOR THE DONATION OF PROPERTY REQUIRED FOR THE COLLIER BOULEVARD EXPANSION PROJECT. PROJECT #68056 (FISCAL IMPACT: RECORDING FEES NOT TO EXCEED $100) - LOCATED IN THE WEST SIDE OF COLLIER BOULEVARD Page 277 .-----t"--- July 22, 2008 BETWEEN 3RD AVENUE S.W. AND 5TH AVENUE S.W. Item #16B10 CHAIRMAN TO EXECUTE AN EASEMENT INSTRUMENT TO CONVEY A UTILITY EASEMENT TO FLORIDA POWER AND LIGHT COMPANY (FPL) AT THE FREEDOM PARK (AKA GORDON RIVER WATER QUALITY PARK) - NEEDED FOR THE CONSTRUCTION OF A NEW MAINTENANCE FACILITY AT THE PARK Item #16Bll - Moved to Item #10M Item #16B12 A BUDGET AMENDMENT TO RECOGNIZE ADDITIONAL REVENUE FOR THE COLLIER COUNTY TRANSPORTATION PATHWAYS PROGRAM IN THE AMOUNT OF $59,471.15 FOR PROJECT #690811 - FOR FUTURE CONSTRUCTION OF PATHWAYS Item #16B13 BID #08-5086 "IMMOKALEE SIDEWALK IMPROVEMENTS" FOR CONSTRUCTION OF SIDEWALK IMPROVEMENTS ON ROBERTS AVENUE, NORTH 9TH STREET, AND NORTH 1ST STREET TO COUGAR CONTRACTING, A DIVISION OF C.W. ROBERTS CONTRACTING INe. IN THE AMOUNT OF $185,443.00 (PROJECT #601202) - AFTER A 9% MATCH FDOT WILL REIMBURSE COLLIER COUNTY FOR CONSTRUCTION SCHEDULED TO BE COMPLETED BY DECEMBER 31,2008 Page 278 July 22, 2008 . Item #16B14 BUDGET AMENDMENT TO RECOGNIZE REVENUE RECEIVED FOR TRAFFIC ACCIDENTS IN THE AMOUNT OF $31,768.74 AND TO MOVE PREVIOUSLY RECOGNIZED REVENUE IN THE AMOUNT OF $33,871.23 TO FUND 112, PROJECT #600761 - FOR SUFFICIENT TIME TO ADDRESS REP AIRS AND FOR FUNDING FUTURE ACCIDENTS Item #16B15 RESOLUTION 2008-207: IMPLEMENTATION OF SCHOOL ZONE SPEED LIMIT REDUCTIONS TO 20 MPH DURING SCHOOL ARRIVAL AND DISMISSAL HOURS AS INDICATED BY FLASHING BEACONS AND SIGNS ON WESTCLOX STREET AT A COST OF $13,000 - BETWEEN CARSON ROAD AND THE NEW EDEN PARK ELEMENTARY SCHOOL Item #16B16 BUDGET AMENDMENT RECOGNIZING AN ADDITIONAL $61,160 IN FEDERAL TRANSIT ADMINISTRATION GRANT SECTION 5311 FUNDS FOR FISCAL YEAR 200712008 - CONTRACT #AOW89, PROJECT #410120-1-84-26 Item #16B17 RESOLUTION 2008-208: ESTABLISHING BOARD POLICY RESTRICTING USE OF THE TRANSPORTATION SERVICES DIVISION VARIABLE MESSAGE SIGNS (VMS) TO OTHER COLLIER COUNTY DEPARTMENTS AND ELECTED CONSTITUTIONAL OFFICERS AND APPROVING THE Page 279 July 22, 2008 RECOVERY OF INCURRED COSTS AS LISTED WITHIN ATTACHMENT "A" OF THE RESOLUTION BY THE TRANSPORTATION DIVISION - $2,000 REVENUE REIMBURSEMENT IS EXPECTED FROM OTHER COUNTY DEP ARTMENTS AND CONSTITUTIONAL OFFICERS Item #16B18 RESOLUTION 2008-209: CONTRACT AMENDMENT NO.6 BETWEEN COLLIER COUNTY AND THE FLORIDA COMMISSION FOR THE TRANSPORTATION DISADV ANT AGED FOR FUNDING IN THE AMOUNT OF $88,067.00 FOR THE PROVISION OF TRANSPORTATION FOR QUALIFIED MEDICAID RECIPIENTS - EXTENDING THE AGREEMENT FROM JUNE 30, 2008 THROUGH AUGUST 31, 2008 Item #16B19 RESOLUTION 2008-210: TRANSPORTATION DISADV ANT AGED TRIP & EQUIPMENT GRANT AGREEMENT FM #20724618401/20724638401 FOR A TOTAL PROJECT COST OF $673,901 - FOR MONTHLY DISBURSEMENTS THROUGH JUNE 2009 TO COVER A PORTION OF OPERATING COSTS Item #16B20 RATIFY THE PURCHASE OF TWO GOLDEN GATE BOULEVARD POND SITES EXCEEDING THE AUTHORITY DELEGATED TO THE COUNTY MANAGER OR HIS DESIGNEE UNDER RESOLUTION NO. 2007-306 - FOR Page 280 July 22, 2008 STORMW A TER RETENTION AND TREATMENT PONDS RELATED TO THE EXPANSION OF GOLDEN GATE BOULEVARD FROM TWO TO FOUR LANES BETWEEN WILSON BOULEVARD AND DESOTO BOULEVARD, BOTH PROPERTIES ARE LOCATED ON THE SOUTH SIDE OF GOLDEN GA TE BOULEVARD Item #16Cl BUDGET AMENDMENTS OF APPROXIMATELY $11,100,000 TO TRANSFER PROJECTS FROM VARIOUS WATER AND WASTEWATER CAPITAL PROJECTS FUNDS TO A 2006 REVENUE BOND PROCEEDS FUND TO SEGREGATE THE PROJECTS FUNDED BY THE 2006 REVENUE BOND - DUE TO FINANCIAL SHORTFALLS IN THE STATE REVOLVING POOL OF FUNDS THIS WILL ENSURE ADEQUATE AND TIMELY FUNDING OF CAPITAL PROJECTS Item #16C2 REJECT RFP #08-5063 FOR AN ANNUAL CONTRACT FOR ANALYTICAL LABORATORY SERVICES - STAFF TO REISSUE THE RFP Item # 16C3 SOLE SOURCE PURCHASE OF FOUR (4) ODOR CONTROL BLOWERS FOR THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT FROM FLORIDA BLOWER, INC. IN THE AMOUNT OF $116,968.32. PROJECT #710651 - REPLACING AND UPGRADING THE 1997 DETERIORATING BLOWERS THAT REMOVE THE HYDROGEN SULFIDE GASES FROM Page 281 July 22, 2008 THE T AMIAMI WELL FIELD RAW WATER Item # 16C4 DONATION AGREEMENT AND UTILITY EASEMENT AND APPROVE A RELEASE OF EASEMENT FOR THE RELOCATION OF INFRASTRUCTURE EASEMENTS LOCATED ON PROPERTY OWNED BY VORNADO DEVELOPMENT, INC. THERE ARE NO ASSOCIATED COSTS TO THE COLLIER COUNTY WATER-SEWER DISTRICT FOR THIS PROJECT - FOR PROPERTY LOCATED ON PALM DRIVE, NORTHEAST OF AND DIRECTLY BEHIND THE TOWN CENTER MALL Item #16C5 DECLARATION TO THE PUBLIC IN THE DEED RECORDS IN THE OFFICE OF THE CLERK OF THE COUNTY EVIDENCING THE CLOSURE OF THE IMMOKALEE SANITARY LANDFILL; RECORDING COST NOT TO EXCEED $27.00 - FOR THE LANDFILL THAT WAS CLOSED IN AUGUST 2004 AT 700 STOCKADE ROAD AND COMPLYING WITH FDEP REQUIREMENTS REGARDING CLOSING PROCEDURES Item # 16C6 RESOLUTION 2008-211: AUTHORIZING THE SUBMISSION OF A STATE REVOLVING FUND LOW-INTEREST CONSTRUCTION LOAN APPLICATION AND AUTHORIZING THE LOAN AGREEMENT TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE WELLS #34 AND #37 AND PIPELINE REPLACEMENT PROJECT #701582- Page 282 July 22, 2008 THE NEW WELLS WILL BE CONSTRUCTED IN THE GOLDEN GATE WELLFIELD Item # 16C7 SUBMISSION OF AMENDMENT TWO (2) TO THE STATE REVOLVING FUND LOAN AGREEMENT (WWG12059715L03) THROUGH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) FOR THE NORTH COUNTY WATER RECLAMATION FACILITY (NCWRF) EXPANSION TO 24.1 MGD - SOLID STREAM AND THE NCWRF EXPANSION LANDSCAPE INST ALLA TION PROJECT #739502 - ADJUSTING THE SEMIANNUAL LOAN REPAYMENT AMOUNT TO $334,120.87 OVER A 20-YEAR LOAN CYCLE AT 2.9% INTEREST Item # 16C8 COMMUNICATION OF CONCERNS 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, TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT RELATIVE TO THE PROPOSED REVISIONS TO FLORIDA ADMINISTRATIVE CODE CHAPTER 40E-2 AND 40E-20 AUTHORIZING GENERAL USE PERMIT BY RULE FOR OUTDOOR IRRIGATION - EMPHASIZING COLLIER COUNTY'S DESIRE TO HAVE LOCAL GOVERNMENT CONTROL REGARDING THE ENACTMENT OF STRICTER OR DIFFERENT REQUIREMENTS ON WATER USERS Page 283 July 22, 2008 Item # 16C9 BID #08-5079 IN THE AMOUNT OF $444,000 TO DOUGLAS N. HIGGINS FOR MASTER PUMP STATION 305, PROJECT #72546 & PROJECT #73970 AND APPROVE NECESSARY BUDGET AMENDMENTS - TO INCREASE PUMPING CAPACITY FOR INCREASED FLOW AND TO BUILD A SPILL CONTAINMENT SYSTEM AVOIDING THE DISCHARGE OF UNTREATED WASTEWATER Item #16D1 BID #08-5082: SEA OAT PLANTING FOR A COLLIER COUNTY COASTAL ZONE MANAGEMENT PROJECT TO EARTHBALANCE FOR COLLIER COUNTY BEACHES IN THE AMOUNT OF $75,000 (PROJECT #195-900441) - INCLUDES INSTALLING ROPES AND POSTS ALONG CLAM PASS BEACH AND THE CITY OF MARCO BEACH FOR SAND DUNE RESTORATION Item # 16D2 BUDGET AMENDMENT TOTALING $99,874 FROM BEACH RENOURISHMENT/P ASS MAINTENANCE RESERVES TO FUND DOCTORS PASS AND THE WIGGINS PASS MAINTENANCE DREDGING PROJECT CONSTRUCTION PLANS & SPECIFICATIONS WHICH IS PART OF THE COUNTY'S BEACH RENOURISHMENT PROJECT #905221 - ENGINEERING FOR THESE PROJECTS NEEDS TO BE COMPLETED NOW SO CONSTRUCTION CAN BEGIN AFTER THIS YEAR'S SEA TURTLE MONITORING SEASON Page 284 July 22, 2008 Item #16D3 BUDGET AMENDMENT RECOGNIZING $3,300 IN REVENUE FROM PEPSI BOTTLING GROUP, INe. AS INITIAL SUPPORT FUNDS AND APPROPRIATING FUNDS FOR THE PURCHASE OF ADDITIONAL NON-FOOD RESALE MERCHANDISE ITEMS - FOR CONCESSIONS AT NORTH COLLIER REGIONAL PARK Item # 16D4 CHAIRMAN TO SIGN A SUB RECIPIENT AGREEMENT PROVIDING SUPPLEMENTAL DISASTER RECOVERY INITIATIVE (DRI) FUNDING IN THE AMOUNT OF $75,000 TO THE COLLIER COUNTY HOUSING DEVELOPMENT CORPORATION FOR THE PURCHASE AND INST ALLA TION OF AN ADDITIONAL BACK-UP GENERA TOR FOR A SEWER LIFT STATION IN COPELAND - FOR USE IN THE EVENT OF ELECTRICITY LOSS Item #16D5 CHAIRMAN TO SIGN AN AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING AGREEMENT BETWEEN COLLIER COUNTY AND THE COLLIER COUNTY HOUSING AUTHORITY FOR PUBLIC IMPROVEMENTS TO THE FARM WORKER VILLAGE AND HORIZON VILLAGE - ALLOWING FOR THE REALLOCATION OF FUNDS FOR THE REPLACEMENT OF 47 ROOFS AND INSTALLATION OF APPROXIMATELY THIRTY FIVE STREET LIGHTS BENEFITING THE LOW INCOME RESIDENTS OF IMMOKALEE, FLORIDA Page 285 July 22, 2008 Item # 16D6 RESOLUTION 2008-212: AMENDING THE STATE HOUSING.. INITIATIVE PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN (LHAP) FOR FISCAL YEARS 2007-2008, 2008-2009 AND 2009-2010, TO ALLOW SHIP ASSISTANCE WHEN FUNDS ARE ALLOCATED TO A NON-PROFIT OR FOR- PROFIT HOUSING DEVELOPER TO ACQUIRE AND REHABILITATE ELIGIBLE EXISTING DWELLING UNITS - COLLIER COUNTY AND THE CITY OF NAPLES WILL RECEIVE FUNDS FROM THE STATE OF FLORIDA TO PROVIDE INITIATIVES TO EXPAND AFFORDABLE HOUSING OPPORTUNITIES Item # 16D7 LIEN AGREEMENT WITH MAGDA ARIZMENDI (OWNER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT VISTAS III AT HERITAGE BAY, UNIT 1604, NORTH NAPLES - DEFERRING $19,411.65 IN IMPACT FEES Item #16D8 - Continued to the September 9, 2008 BCC Meeting ESTABLISHING THE COLLIER COUNTY DOMESTIC ANIMAL SERVICES FEE POLICY AS OF OCTOBER 1,2008 AND SUPERSEDING RESOLUTIONS 95-107, 95-106, 93-404, AND ALL OTHER RESOLUTIONS ESTABLISHING ANIMAL SERVICES-RELATED FEES - UPDATING USER FEES WILL PARTIALLY OFFSET THE COST OF PROVIDING DOMESTIC ANIMAL SERVICES TO THE TAX PAYERS OF COLLIER Page 286 July 22, 2008 COUNTY Item # 16D9 A LIEN AGREEMENT WITH HABITAT FOR HUMANITY OF COLLIER COUNTY INC. (DEVELOPER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 117, LIBERTY LANDING, IMMOKALEE - DEFERRING $12,442.46 IN IMPACT FEES Item #16D10 SUMMARY OF THE IMP ACT FEE DEFERRAL AGREEMENTS RECOMMENDED FOR APPROVAL IN FY08, INCLUDING THE TOTAL NUMBER OF AGREEMENTS APPROVED, THE TOTAL DOLLAR AMOUNT DEFERRED AND THE BALANCE REMAINING FOR ADDITIONAL DEFERRALS IN FY08 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D11 A LIEN AGREEMENT WITH GUERLINE MOLEUS (OWNER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 38, TRAIL RIDGE, EAST NAPLES - DEFERRING $19,372.46 IN IMPACT FEES Item #16D12 BID #08-5062 IN THE AMOUNT OF $381,500 TO CARTER FENCE COMPANY, INC., FOR THE REPAIR AND Page 287 July 22, 2008 INST ALLA nON OF NEW CHAIN LINK FENCE FOR FIVE COUNTY PARK PROJECTS LOCATED AT VARIOUS SITES TO INCLUDE: GOLDEN GATE COMMUNITY PARK, GULF COAST COMMUNITY PARK, STARCHER PETTY PARK, VETERAN'S COMMUNITY PARK AND VINEYARD'S COMMUNITY PARK Item #16D13 A LIEN AGREEMENT WITH NEREYDA BRAVO (OWNER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 41, TRAIL RIDGE, EAST NAPLES - DEFERRING $19,372.46 IN IMPACT FEES Item #16D14 A LIEN AGREEMENT WITH LEONEL RIVES SOTO AND MABEL BREIJO DOMINGUEZ (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 129, TRAIL RIDGE, EAST NAPLES - DEFERRING $19,372.46 IN IMPACT FEES Item #16D15 A LIEN AGREEMENT WITH JAVIER MEDELLIN OLVERA AND MARIA L. GUTIERREZ (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 136, TRAIL RIDGE, EAST NAPLES - DEFERRING $19,372.46 IN IMPACT FEES Page 288 Item #16D16 July 22, 2008 A LIEN AGREEMENT WITH MARIELA PENA (OWNER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 97, LIBERTY LANDING, IMMOKALEE- DEFERRING $12,442.46 IN IMPACT FEES Item #16D17 AFTER-THE-FACT SUBMITTAL OF THE ATTACHED STATE OF FLORIDA CULTURAL FACILITIES PROGRAM GRANT APPLICATION TO THE DIVISION OF CULTURAL AFFAIRS FOR A $500,000 GRANT FOR CONSTRUCTION OF THE MARCO ISLAND HISTORICAL SOCIETY MUSEUM - CONSTRUCTION IS EXPECTED TO BEGIN IN LATE 2008 AND COMPLETED IN THE FIRST QUARTER OF 2010; LOCATED ADJACENT TO THE MARCO ISLAND BRANCH LIBRARY Item #16D18 A $15,122 GRANT AGREEMENT FROM THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT FOR A PET FRIENDL Y SHELTER PROJECT AND APPROVE THE ASSOCIATED BUDGET AMENDMENT - FOR THE INSTALLATION OF HURRICANE ROLL DOWN SHUTTERS AT THE PARKS AND RECREATION MAINTENANCE BUILDING LOCATED AT 15000 LIVINGSTON ROAD, NAPLES Item #16D19 Page 289 ".....-r--,.- July 22, 2008 A LIEN AGREEMENT WITH F AIDHERBE LOUIS AND GLADYS RINCHER (OWNERS) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 42, LIBERTY LANDING, IMMOKALEE - DEFERRING $12,442.46 IN IMPACT FEES Item #16D20 AN AMENDMENT TO HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) SUBRECIPIENT AGREEMENT WITH THE COLLIER COUNTY HOUSING AUTHORITY FOR THE TENANT BASED RENTAL ASSISTANCE (TBRA) PROGRAM - TO EXTEND THE TERM OF THE AGREEMENT FOR ONE (1) ADDITIONAL YEAR Item #16D21 A LIEN AGREEMENT WITH HABIT AT FOR HUMANITY OF COLLIER COUNTY INC. (DEVELOPER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 45, LIBERTY LANDING, IMMOKALEE - DEFERRING $12,442.46 IN IMPACT FEES Item # 16D22 A LIEN AGREEMENT WITH HABIT A T FOR HUMANITY OF COLLIER COUNTY INC. (DEVELOPER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER- OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 118, LIBERTY LANDING, IMMOKALEE - DEFERRING Page 290 July 22, 2008 $12,442.46 IN IMPACT FEES Item #16D23 A LONG-TERM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES FOR RECIPROCAL BEACH PARKING AND EQUAL RIGHTS AND PRIVILEGES TO ALL CITY FACILITIES FOR AN ANNUAL PAYMENT BY THE COUNTY IN THE SUM OF $1,000,000 - FOR CONTINUED FREE PARKING FOR ALL COUNTY RESIDENTS AT BEACH AREAS AND RELATED PARKING SITES WITHIN THE CITY OF NAPLES AS WELL AS PROVIDING UNINCORPORATED COLLIER COUNTY RESIDENTS USE OF ALL CITY FACILITIES ON THE SAME TERMS AND CONDITIONS Item #16E1 A FIRST AMENDMENT TO RADIO TOWER LEASE AGREEMENT WITH THE CHALET OF SAN MARCO CONDOMINIUM ASSOCIATION, INC., FOR ADDITIONAL SPACE WITHIN THE EQUIPMENT ROOM, FOR AN INCREASED COST OF $353.98 PER MONTH - WITH AN ANNUAL RENT INCREASE OF 5% BECOMING EFFECTIVE SEPTEMBER 1, 2008 FOR A LEASE EFFECTIVE UNTIL AUGUST 2 L 2025 Item # 16E2 CONTRACT #07-4160 TO EMC CORPORATION FOR INFORMATION TECHNOLOGY SERVICE MANAGEMENT SOFTWARE AND RELATED PROFESSIONAL SERVICES FOR $164,593.00 - USED TO INTEGRATE AND AUTOMATE THE Page 291 July 22, 2008 MAJOR BUSINESS PROCESSES OF THE IT DEPARTMENT Item #16E3 - Moved to Item #10L Item # 16E4 CONTRACT #08-5009 TO SIRE TECHNOLOGIES CORPORATION FOR AN ENTERPRISE CONTENT MANAGEMENT SYSTEM AND RELATED PROFESSIONAL SERVICES IN THE AMOUNT OF $232,727 - TO EFFICIENTLY AND EFFECTIVELY MANAGE THE IT DEPARTMENT'S INFORMATION ASSETS Item # 16E5 AN AGREEMENT TO PURCHASE NATURAL GAS FROM PENINSULA ENERGY SERVICES COMPANY, INC., (PESCO) AND THE INSTALLATION OF NATURAL GAS PIPING BY TECO PEOPLES GAS FOR THE MAIN GOVERNMENT COMPLEX - IN CONJUNCTION WITH THE COUNTY'S "GREEN" EFFORTS AND FOR A POTENTIAL SAVINGS OF $108,000 ANNUALLY Item # 16E6 RENEWAL OF THE GROUP DENTAL INSURANCE PROGRAM THROUGH CIGNA DENTAL PLAN, INC. FOR A ONE-YEAR PERIOD EFFECTIVE JANUARY 1,2009 AT THE CURRENT RATES, TERMS AND CONDITIONS - RENEWING THE EXISTING PLAN AT THE SAME TERMS AND CONDITIONS Item #16E7 Page 292 July 22, 2008 REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS TO BOARD-APPROVED CONTRACTS - FOR THE PERIOD MAY 22, 2008 THROUGH JUNE 30, 2008 Item # 16E8 REJECT RFP #08-5068, PHYSICAL AND BIOLOGICAL MONITORING FOR COLLIER COUNTY COASTAL ZONE MANAGEMENT PROJECTS FOR COASTAL ZONE MANAGEMENT, AND APPROVE THE RE-SOLICIT A TION OF THE SERVICES - STAFF WILL RE-SOLICIT THE RFP Item #16E9 ONE (1) LICENSE AGREEMENT WITH SPECTRASITE COMMUNICATIONS, LLC, AND TWO (2) LICENSE AGREEMENTS WITH AMERICAN TOWER ASSET SUB., LLC, FOR ANTENNA SPACE NEEDED FOR THE COUNTY'S SAFEPOINT LOCATION SYSTEM, A COMPONENT OF THE COUNTY'S 800 MHZ PUBLIC SAFETY RADIO NETWORK, AT A FIRST YEAR'S COMBINED RENT COST OF $21,000 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16ElO AMENDMENT #5 TO CONTRACT #05-3661 "DISASTER DEBRIS MANAGEMENT REMOVAL AND DISPOSAL SERVICES" WITH ASHBRITT INe., CROWDER GULF INC., AND PHILLIPS & JORDAN INe. TO ADD FLORIDA HIGHWAY ADMINISTRATION (FHW A) EMERGENCY RELIEF (ER) Page 293 July 22, 2008 PROGRAM REQUIREMENTS SO THAT COLLIER COUNTY REMAINS IN COMPLIANCE WITH FHW A REQUIREMENTS TO RECEIVE COMPENSATION FOR CONSTRUCTION CONTRACT WORK THAT FALLS UNDER EMERGENCY AND PERMANENT RESTORATION PROJECTS ON FEDERAL ROADWAYS - PROVIDING FOR CLARIFICATION AND PRE- ESTABLISHED PROTOCOLS IN CONTRACTS ENSURING MAXIMUM REIMBURSEMENTS FROM FHW A AND STATE AGENCIES IN THE EVENT OF A MAJOR DISASTER Item #16Ell CONFIRM AND CONSENT TO THE RE-ASSIGNMENT OF CONTRACT NO. 07-4126, JANITORIAL SERVICES FROM ONE SOURCE FACILITY SERVICES INe. TO ABM JANITORIAL SERVICES-SOUTHEAST, INC. - DUE TO THE ACQUIRED PURCHASE OF ONE SOURCE FACILITY SERVICES, INC. BY ABM JANITORIAL SERVICES- SOUTHEAST, INC. Item #16Fl RESOLUTION 2008-213: 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 PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT FOR MAINTENANCE OF THE WATER MANAGEMENT SYSTEM, BEAUTIFICATION OF RECREATIONAL FACILITIES, MEDIAN AREAS AND MAINTENANCE OF THE CONSERVATION OR PRESERVE AREAS, AND ESTABLISHMENT OF CAPITAL RESERVE FUNDS FOR Page 294 July 22, 2008 AMBIENT NOISE MANAGEMENT, MAINTENANCE OF CONSERVATION OR PRESERVE AREAS, INCLUDING THE RESTORATION OF THE MANGROVE FOREST, U.S. 41 BERM, STREET SIGNAGE REPLACEMENTS WITHIN THE MEDIAN AREAS AND LANDSCAPING IMPROVEMENTS TO U.S. 41 ENTRANCES, ALL WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT - HELD THURSDAY, SEPTEMBER 4, 2008 AT 5:05 P.M. AT THE COLLIER COUNTY GOVERNMENT CENTER ON THE THIRD FLOOR OF THE W. HARMON TURNER BUILDING IN THE COUNTY COMMISSIONERS' BOARD ROOM Item # 16F2 WAIVING EMERGENCY MEDICAL SERVICES CHARGES FOR THE TRANSPORT/EVACUATION OF A SPECIAL NEEDS PATIENT DURING THE GOLDEN GATES ESTATES FIRE IN THE AMOUNT $761.25 - FOR A PATIENT TRANSPORT ON MAY 29,2008 Item #16F3 PURCHASE ORDER UNDER CONTRACT #05-3831 TO SOLID RESOURCES, INC. FOR TECHNICAL ASSISTANCE WITH CLOSE-OUT PROCESSES FOR HURRICANES CHARLEY AND WILMA AND APPROVE NECESSARY BUDGET AMENDMENTS. ($120,976.50) - FOR VARIOUS ADMINISTRATIVE DUTIES, INCLUDING INSURANCE RECONCILIATION, AND TO HELP ASSURE COLLIER COUNTY OBTAINS THE MAXIMUM REIMBURSEMENT UNDER FEMA REGULA TIONS ASSOCIATED WITH GRANT CLOSE-OUT PROCEDURES Page 295 July 22, 2008 Item #16F4 BUDGET AMENDMENTS - AMENDMENT#08-345; IMP ACT FEE REIMBURSEMENTS IN THE AMOUNT OF $12,000 FOR CANCELLED BUILDING PERMITS AND SUBSEQUENT PAYMENTS Item #16F5 BUDGET AMENDMENT IN THE AMOUNT OF $20,000 TO REDUCE TRANSFER OF EXCESS FUNDS FROM THE LAW LIBRARY FUND (640) TO COURT INNOVATIONS FUND (192); REDUCE RESERVES IN COURT INNOVATIONS FUND (192)- TO FUND THE PURCHASE OF NEW BOOKS FOR THE LAW LIBRARY LOCATED ON THE 5TH FLOOR OF THE COLLIER COUNTY COURTHOUSE Item #16F6 RESOLUTION 2008-214: APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2007-08 ADOPTED BUDGET - FOR THE PERIOD MAY 28, 2008 THROUGH JUNE 24, 2008 Item # 16F7 A TACTICAL MEDIC PROGRAM INTERLOCAL AGREEMENT BETWEEN THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE COLLIER COUNTY SHERIFF'S OFFICE - FOR THE DEVELOPMENT OF A TRAINED Page 296 July 22, 2008 PARAMEDIC EMS TEAM TO SUPPORT THE SHERIFF'S SPECIAL WEAPONS AND TACTICS TEAM (SWAT) Item #16F8 REVIEW OF QUARTERLY REPORT ON ACTIVITIES IN THE COLLIER COUNTY TOURISM INDUSTRY - FOR TOURISM ACTIVITY RESULTS FROM JANUARY, 2008 THROUGH MAY, 2008 Item # 16F9 A MODIFICATION TO THE FISCAL YEAR 2008 EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT ACCEPTING $42,045 AND APPROVE A BUDGET AMENDMENT TO RECOGNIZE AND APPROPRIATE THE REVENUE Item #16G1 REPORT TO THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (CRA) PROVIDING AN UPDATE ON A PROPOSED NOVEMBER 4, 2008 PUBLIC REFERENDUM ALLOWING THE CRA TO INCUR DEBT AND TO DELAY INDEFINITELY THE PURSUIT OF A REFERENDUM - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16G2 COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVES LOCAL ADVISORY BOARD MEMBERS AND FOUR CRA STAFF ATTENDANCE AT FLORIDA REDEVELOPMENT Page 297 July 22, 2008 ASSOCIATION 2008 ANNUAL CONFERENCE; AUTHORIZES PAYMENT OF ATTENDEES REGISTRATION, LODGING, TRAVEL AND PER DIEM FROM THE BA YSHORE GA TEW A Y TRIANGLE TRUST FUND (FUND 187) TRAVEL BUDGET; AND DECLARES THE TRAINING RECEIVED AS SERVING A VALID PUBLIC PURPOSE - HELD OCTOBER 21-24, 2008 IN TAMPA, FLORIDA Item #16G3 COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVES CRA STAFF AND COUNTY LEGAL COUNSEL ATTENDANCE AT FLORIDA BROWNFIELDS ASSOCIATION 2008 ANNUAL CONFERENCE; AUTHORIZES PAYMENT OF ATTENDEES' REGISTRATION, LODGING, TRAVEL AND PER DIEM FROM THE BA YSHORE GA TEW A Y TRIANGLE TRUST FUND (FUND 187) TRAVEL BUDGET; AND DECLARES THE TRAINING RECEIVED AS SERVING A VALID PUBLIC PURPOSE - HELD OCTOBER 26-28, 2008 IN ST. PETE BEACH, FLORIDA Item #1611 MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED. The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page 298 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE July 22, 2008 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: 1) Affordable Housing Commission: Minutes of April 7, 2008; May 5, 2008. a) Sub Committee: Minutes of April 23, 2008. 2) Animal Services Advisorv Board: Minutes of May 20, 2008. 3) Collier Countv Coastal Advisorv Committee: Minutes of May 8, 2008. 4) Collier Countv Planning Commission: Agenda of June 5, 2008; June 27,2008; Revised (2) June 27, 2008. 5) Contractors Licensing Board: Minutes of May 21,2008. 6) Development Services Advisorv Committee: Minutes of May 7,2008. 7) East of 951 Infrastructure and Services Horizon Studv Public Participation Master Plan Committee: Minutes of April 14, 2008; May 12,2008. 8) Emergencv Medical Services Advisorv Council: Minutes of April 30, 2008; May 28, 2008. a) Sub Committee: Minutes of May 2, 2008. 9) Habitat Conservation Plan Ad Hoc Committee: Minutes of April 23, 2008. 10) Hispanic Affairs Advisorv Board: Minutes of May 22, 2008. II) Historical/Archaeological Preservation Board: Minutes of November 21,2007; March 19,2008. 12) Immokalee Enterprise Zone Development Agencv: Agenda of May 21, 2008; June 18,2008. Minutes of April 30, 2008; May 21, 2008. 13) Immokalee Local Redevelopment Advisorv Board: Agenda of May 21,2008; June 18,2008. Minutes of April 30, 2008; May 21, 2008. a) Master Plan and Visioning Committee and Redevelopment Advisorv Committee Joint Meeting: Agenda of June 18,2008. b) Master Plan and Visioning Committee and Redevelopment Advisorv Committee Joint Meeting: Minutes of April 30, 2008; May 21, 2008. 14) Isle of Capri Fire Control District Advisorv Committee: Minutes of May 1,2008. 15) Land Acquisition Advisorv Committee: Agenda of June 9, 2008. Minutes of May 12, 2008. a) Land Acquisition Advisorv Committee of the Lands Evaluation and Management and Ordinance, Policv and Rules Sub Committee Joint Meeting: Agenda of June 25,2008 16) Librarv Advisorv Board: Agenda of April 23, 2008; May 28, 2008. Minutes of February 27,2008; April 23, 2008. 17) Pelican Bav Services Division Board: Agenda of June 4, 2008. Minutes of May 7, 2008. a) Clam Bav Sub Committee: Minutes of Meeting March 19,2008. b) Budget Committee: Minutes of May 20, 2008. 18) Public Vehicle Advisorv Committee: Minutes of April 7, 2008; May 5, 2008. 19) Rural Lands Stewardship Area Review Committee: Minutes of May 6, 2008; June 3, 2008. B. Other: 1) Code Enforcement Special Magistrate: Minutes of May, 16,2008. 2) Area Agencv on Aging: Monitoring Report of September 24-25,2007. July 22, 2008 Item # 1611 DISBURSEMENTS FOR THE PERIOD OF JUNE 14,2008 THROUGH JUNE 20, 2008 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #1612 DISBURSEMENTS FOR THE PERIOD OF JUNE 21, 2008 THROUGH JUNE 27, 2008 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #1613 DISBURSEMENTS FOR THE PERIOD OF JUNE 28, 2008 THROUGH JULY 04, 2008 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J4 DISBURSEMENTS FOR THE PERIOD OF JULY 05, 2008 THROUGH JULY 11, 2008 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J5 RESOLUTION 2008-215: PURSUANT TO SECTION 101.001(1), FLORIDA STATUTES, TO ALTER PRECINCT BOUNDARIES IN PRECINCT 501 TO BE CONTIGUOUS WITH PRECINCT 502, AND CORRECTING THE BOUNDARIES FOR PRECINCT 505 TO REFLECT ITS TRUE BOUNDARIES TO BE CONSISTENT WITH ITS LEGAL DESCRIPTION - TO REFLECT THE TRUE Page 299 July 22, 2008 BOUNDARIES OF THE PORT OF THE ISLANDS COMMUNITY DEVELOPMENT DISTRICT LAYING NORTH OF U.S. 41 AND INCLUDING A PORTION OF COLLIER SEMINOLE STATE PARK Item #16J6 REFUND OF $4,133.06 TO THREE (3) VENDORS PROVIDING FOOD AND DRINK CONCESSIONAIRE SERVICES AT FOUR (4) PARKS LOCATIONS - FOR DAY-STAR UNLIMITED, INC. D/B/A! CABANA DAN'S (VANDERBILT BEACH), RECREATIONAL FACILITIES OF AMERICA, INC. (BAREFOOT BEACH & TIGERTAIL BEACH) AND THAT'S AMORE' IN NAPOLI, INC. (GOLDEN GATE AQUATIC CENTER) Item # 1617 ACCEPTS AND APPROVES CAP IT AL ASSET DISPOSITION RECORDS FOR THE TIME PERIOD APRIL 1, 2008 THROUGH JUNE 30, 2008 - DETERMINING CAPITAL ASSETS THAT ARE NO LONGER USEFUL TO THE COUNTY OR HAVE NO COMMERCIAL VALUE Item #16J8 THE STATE OF FLORIDA'S ANNUAL LOCAL GOVERNMENT FINANCIAL REPORT FOR THE FISCAL YEAR 2006-2007 AS REQUIRED BY FLORIDA STATUTE 218.32 - THE REPORT DOCUMENTS REVENUES AND EXPENDITURES, WAS REVIEWED BY EXTERNAL AUDITORS AND HAS BEEN FOUND TO BE IN AGREEMENT WITH THE COMPREHENSIVE ANNUAL FINANCIAL REPORT PRESENTED TO THE BOARD Page 300 July 22, 2008 OF COUNTY COMMISSIONERS ON JUNE 24, 2008 Item #16K1 (THIS ITEM HAS BEEN CONTINUED FROM THE JUNE 24, 2008 BCC MEETING). RECOMMENDATION TO AUTHORIZE AN OFFER OF JUDGMENT FOR PARCEL 124 BY COLLIER COUNTY TO PROPERTY OWNERS, JEANNIE AND DONALD FIELDS IN THE LAWSUIT STYLED COLLIER COUNTY V. PACAL J. MURRAY, ET AL., CASE NO. 07-4784-CA (SANTA BARBARA EXTENSION PROJECT #60091) (FISCAL IMPACT: IF ACCEPTED, $168,803) Item # 16K2 PROPOSED JOINT MOTION FOR AN AGREED ORDER AWARDING COSTS RELATING TO PARCEL 183RDUE IN COLLIER COUNTY V. JORGE B. ECHEZARRAGA, ET AL., CASE NO. 07-3278-CA, OIL WELL ROAD PROJECT #60044 (FISCAL IMPACT: $5,700.00) Item #16K3 A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $38,000 FOR PARCEL NOS. 122 AND 722 IN THE LAWSUIT STYLED COLLIER COUNTY V. GULFSTREAM HOMES, INC, ET AL., CASE NO. 05-758-CA (COLLIER BLVD. (CR 951) PROJECT #65061) (FISCAL IMPACT $13,852.50) Item #16K4 BOARD OF COUNTY COMMISSIONERS REVIEWS AND Page 30 I July 22, 2008 APPROVES THE PROPOSED FY 2008-2009 ACTION PLAN FOR JEFFREY A. KLATZKOW, COUNTY ATTORNEY - AS DETAILED IN THE EXECUTIVE SUMMARY Item # 16K5 AN AGREED ORDER AWARDING EXPERT FEES AND COSTS IN CONNECTION WITH PARCELS 146 AND 746 IN THE LAWSUIT STYLED COLLIER COUNTY, FLORIDA V. APRIL CIRCLE LTD., ET AL., CASE NO. 04-3679-CA (IMMOKALEE ROAD, PROJECT #60042) FISCAL IMPACT: $28,891 Item # 16K6 A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $80,000 FOR PARCEL NO. 191RDUE IN THE LAWSUIT STYLED COLLIER COUNTY V. PABLO SARDINAS, ET AL., CASE NO. 07-2824-CA (OIL WELL ROAD PROJECT #60044) (FISCAL IMPACT $36,600.00) Item #16K7 A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $177 ,500 FOR PARCEL NO. 125FEE IN THE LAWSUIT STYLED COLLIER COUNTY V. CARLOS ALVAREZ, ET AL., CASE NO. 07- 2882-CA (OIL WELL ROAD PROJECT #60044) (FISCAL IMPACT $77,448) Item #16K8 A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $86,530 FOR PARCEL NOS. 129FEE AND 129TDRE IN THE Page 302 July 22, 2008 LAWSUIT STYLED COLLIER COUNTY V. MICHAEL J. CROUCH, ET AL., CASE NO. 07-3691-CA (OIL WELL ROAD PROJECT #60044). (FISCAL IMPACT $39,730) Item #16K9 AN OFFER OF JUDGMENT FOR PARCEL 115FEE BY COLLIER COUNTY TO PROPERTY OWNER NORMA F ARMILO, INDIVIDUALL Y AND AS TRUSTEE, IN THE LAWSUIT STYLED COLLIER COUNTY V. ROBBIE L. RAYBURN, ET AL., CASE NO. 07-4268-CA (SANTA BARBARA BOULEVARD EXTENSION PROJECT #60091) (POSITIVE FISCAL IMPACT: IF ACCEPTED, REFUND OF $ 50,382) Item #16K10 METCALF & EDDY, INC.'S ("M&E") OFFER OF JUDGMENT TO DISMISS M&E'S COUNTERCLAIMS AGAINST COLLIER COUNTY AND THE COLLIER COUNTY WATER SEWER DISTRICT (COLLECTIVELY "COUNTY") IN THE LAWSUIT STYLED COLLIER COUNTY AND THE COLLIER COUNTY WATER-SEWER DISTRICT V. METCALF & EDDY, INC AND TRA VELERS CASUALTY AND SURETY Co. OF AMERICA, CASE NO. 06-234-CA, IN RETURN FOR THE COUNTY'S PAYMENT OF $125,000.00, AND TO ACCEPT M&E'S SETTLEMENT OFFER TO PAY THE COUNTY $25,000.00 IN RETURN FOR A DISMISSAL OF THE COUNTY'S CLAIMS AGAINST M&E AND ITS SURETY, TRAVELERS (FISCAL IMPACT $67,000.00) - IN CONNECTION WITH THE WELLFIELD EXPANSION OF THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT IN 2002 AND 2003 Page 303 July 22, 2008 Item #16Kll A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $22,500.00 FOR PARCEL 141 IN THE LAWSUIT STYLED COLLIER COUNTY V. EDWARD STANLEY SANDITEN, ET AL., CASE NO. 02-5165-CA (IMMOKALEE ROAD PROJECT #60018) (FISCAL IMPACT $11,500.00) Item #16K12 A SETTLEMENT AGREEMENT BETWEEN FLORIDA POWER & LIGHT COMPANY AND COLLIER COUNTY RELATING TO JOHN CARLO V. COLLIER COUNTY, CASE #07-311-CA, NOW PENDING IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, AND AUTHORIZE THE CHAIRMAN TO SIGN THE SETTLEMENT AGREEMENT - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16K13 A SETTLEMENT AGREEMENT IN LUCKY, MK., INC V. COLLIER COUNTY AND JIM COLETTA, CASE NO. 07-0958-CA, NOW PENDING IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE AGREEMENT - PLAINTIFF WILL MAKE A CASH PAYMENT TO THE COUNTY OF $150,000; UPON RECEIPT OF THE PAYMENT AND EXECUTION OF THE AGREEMENT THE PLAINTIFF WILL FILE A NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE, DISMISSING THE LAWSUIT Item #16K14 Page 304 July 22, 2008 A PARTIAL RELEASE OF LIEN IN THE CODE ENFORCEMENT ACTION ENTITLED COLLIER COUNTY V. DOUGLAS S. WHITE, CEB NO. 2004-081, RELATING TO HOMESTEAD PROPERTY LOCATED AT 5750 14TH AVENUE SW (AKA 5750 LANCEWOOD WAY), IN COLLIER COUNTY, FLORIDA - TO AVOID POTENTIAL LENGTHY AND COSTLY LITIGATION Item #16K15 PARTIAL RELEASE OF LIENS IN RELATION TO CODE ENFORCEMENT ACTIONS ENTITLED COLLIER COUNTY V. ROILAN PEREZ, CEB CASE NO. 2007-37, AND OSM CASE NOS. 2007-030290 AND 2007-080668, RELATING TO PROPERTY LOCATED AT 652 POMPANO DRIVE, COLLIER COUNTY, FLORIDA - PURCHASED BY A BANK AS A FORECLOSURE PROPERTY Item #16K16 THE PROPOSED JOINT MOTION FOR AN AGREED ORDER AWARDING COSTS RELATING TO PARCEL 169RDUE IN THE COLLIER COUNTY V. JOSE MUNOZ, ET AL., CASE NO. 07-2823- CA, OIL WELL ROAD PROJECT #60044 (FISCAL IMPACT: $5,700.00) - FOR APPRAISAL FEES AND COSTS FOR AN EMINENT DOMAIN PROCEEDING Item #17A RESOLUTION 2008-216: AMENDING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ADMINISTRATIVE Page 305 July 22, 2008 PROCEDURES MANUAL WITH RESPECT TO THE WAY AL TERNA TIVE IMP ACT FEE STUDIES ARE CONDUCTED BY REMOVING THE CURRENT APPENDIX D AND REPLACING IT ENTIREL Y WITH A NEW APPENDIX D AND PROVIDING FOR PAYMENT OF COSTS ASSOCIATED WITH REVIEWING THE APPLICANT'S STUDY OR CONDUCTING THE STUDY Item #17B RESOLUTION 2008-217: PETITION SV-2008-AR-13059, STOCK DEVELOPMENT, LLC, REPRESENTED BY CHRIS MITCHELL OF WALDROP ENGINEERING, IS REQUESTING TWO VARIANCES FROM SECTION 5.06.00 OF THE LAND DEVELOPMENT CODE (LDC) TO ALLOW A VARIANCE OF 42 SQUARE FEET FROM THE REQUIREMENTS OF SECTION 5.06.04.16.B.I OF THE LDC TO EXCEED THE MAXIMUM 12- SQUARE-FOOT AREA REQUIREMENT TO ALLOW AN OFF- PREMISE DIRECTIONAL SIGN THAT IS 54 SQUARE FEET ON EACH SIDE AND A VARIANCE OF 100 FEET FROM THE REQUIREMENTS OF SECTION 5.06.04.16.B.V OF THE LDC TO EXCEED THE MAXIMUM 1,000- FOOT DISTANCE SEPARATION FOR AN OFF-PREMISE SIGN TO PERMIT A SIGN THAT IS 1,100 FEET AWAY FROM THE EDISON CAMPUS USE, FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE GRAND LEL Y DRIVE/RATTLESNAKE HAMMOCK ROAD (CR-864) INTERSECTION, IN SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA Item #17C - Moved to Item #16A19 Item #17D Page 306 July 22, 2008 RESOLUTION 2008-218: PETITION CU-2006-AR-10805, RINKER MATERIALS OF FLORIDA, INC., REPRESENTED BY ROBERT 1. MULHERE, AICP, OF RWA CONSULTING, INC. AND JOHN M. P ASSIDOMO, ESQUIRE, OF CHEFFY, P ASSIDOMO, WILSON AND JOHNSON, LLP; ARE REQUESTING A CONDITIONAL USE WITHIN A RURAL AGRICULTURAL (A) WITH A MOBILE HOME OVERLAY (A- MHO) ZONING DISTRICT, PURSUANT TO SECTION 2.04.03, TABLE 2, AND SECTION 4.08.06.B.4.B, OF THE LAND DEVELOPMENT CODE, TO ALLOW EARTH MINING AND RELATED PROCESSING AND PRODUCTION OF MATERIAL FOR A PROJECT TO BE KNOWN AS HOGAN ISLAND QUARRY, LOCATED THREE QUARTERS OF A MILE NORTH OF THE IMMOKALEE ROAD (CR-846) AND OIL WELL GRADE ROAD INTERSECTION, IN PORTIONS OF SECTION(S) 9, 10, 15, 16,21, AND 22, TOWNSHIP 47 SOUTH, RANGE 28 EAST, OF COLLIER COUNTY, FLORIDA Item #17E RESOLUTION 2008-219: APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2007-08 ADOPTED BUDGET Item #17F ORDINANCE 2008-35: PROPOSED CHANGES OF THE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL BYLAWS AND THE PROPOSED AMENDMENT TO ORDINANCE NO. 80-80, AS AMENDED Page 307 July 22, 2008 Item #17G ORDINANCE 2008-36: PETITION PUDA-2007-AR-12321 MDG LAKE TRAFFORD, LLC., REPRESENTED BY ROBERT L. DUANE, AICP, OF HOLE MONTES, INC., REQUESTING A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT TO ARROWHEAD PUD ORDINANCE NUMBER 02-40, AS AMENDED, SECTION 8.5 TRANSPORTATION SUBSECTIONS B., K., L.3., M. THROUGH P. AND TO ADD SECTION 9 DEVIATIONS TO REVISE TRANSPORTATION COMMITMENTS TO CONSTRUCT PROJECT TURN LANES AT LAKE TRAFFORD ROAD AND CARSON ROAD PROJECT ENTRANCES WITHIN ONE YEAR OF APPROVAL OF THIS ORDINANCE; TO CONSTRUCT TURN LANES FOR THE COMMERCIAL TRACT AND THE SHARED NORTH CARSON ROAD ENTRANCE AT THE TIME OF COMMERCIAL SITE DEVELOPMENT PLAN; TO REQUIRE ACCEPTANCE OF CARSON ROAD EXTENSION FROM LAKE TRAFFORD ROAD SOUTH TO IMMOKALEE DRIVE AND THE WESTERLY 450 FEET OF IMMOKALEE DRIVE BY THE COLLIER COUNTY ROAD MAINTENANCE DEPARTMENT; TO CONSTRUCT INTERSECTION IMPROVEMENTS AT LAKE TRAFFORD ROAD AND CARSON ROAD WITHIN ONE YEAR OF APPROVAL OF THIS ORDINANCE; TO CONTRIBUTE FUNDS FOR A BUS STOP, TO REMIT FUNDS FOR TURN LANES AND SIGNAL MODIFICATIONS, AND TO RECEIVE CREDIT FOR A TURN LANE; AND TO ADD SECTION 9 TO SEEK A DEVIATION FROM A TRANSPORTATION REQUIREMENT OF SIDEWALKS ON BOTH SIDES OF LAKE TRAFFORD ROAD TO ALLOW A SIDEWALK ON THE NORTH SIDE OF THE ROAD ONLY. THE PROPERTY IS LOCATED AT THE$ Page 308 July 22, 2008 SOUTHWEST CORNER OF LAKE TRAFFORD ROAD (CR 890) AND THE PROPOSED EXTENSION OF CARSON ROAD IN SECTION 6, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA Item # 17H RESOLUTION 2008-220: AMENDING SCHEDULE SIX OF APPENDIX A TO SECTION FOUR OF THE COLLIER COUNTY ORDINANCE NO. 2001-73, AS AMENDED, THE COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE. THIS AMENDMENT INCLUDES A PROPOSED RATE FOR THE CREDIT CARD CONVENIENCE FEE; AND PROVIDES FOR AN EFFECTIVE DATE OF OCTOBER 1, 2008 FOR SCHEDULES SIX OF APPENDIX A OF THE ORDINANCE Item #171 RESOLUTION 2008-221: AMENDING THE IRRIGATION QUALITY (IQ) WATER CUSTOMER RATES, WHICH IS SCHEDULE THREE OF APPENDIX A TO SECTION FOUR OF COLLIER COUNTY ORDINANCE NO. 2001-73, AS AMENDED, THE COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE Item #17J - Moved to Item #8H Item #17K - Moved to Item #81 Page 309 July 22, 2008 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:10 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL :Lk TOM HENNING, Chairman ATTEST .' . '; . t-1)~I~1 ' DWIGHl"t:. BROCK, CLERK . - . :; 4f :<.f ~ ,',.. ~ - , -',....-... ... , " ':=:; ~ , '\ . i} "I .- ~ .. ~- ~-~ . "-1'~Ii);'" .,....,.". .';, ~:;,' ~ ' "'t, .,"'. These minutes approved by the Board on ~ (\~g, as presented /' or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS Page 310 ._-----.-