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BCC Minutes 04/27/2010 RApril 27, 2010 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, April 27, 2010 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special district as has been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Fred Coyle Jim Coletta Donna Fiala Frank Halas Tom Henning ALSO PRESENT: Leo Ochs, County Manager Ian Mitchell, BCC Manager Jeffrey A. Klatzkow, County Attorney Mike Sheffield, Assistant to the County Manager Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) LA AGENDA April 27, 2010 9:00 AM Fred W. Coyle, BCC Chairman Commissioner, District 4 Frank Halas, BCC Vice - Chairman Commissioner, District 2 Jim Coletta, BCC Commissioner, District 5, CRAB Chairman Donna Fiala, BCC Commissioner, District 1, CRAB Vice - Chairman Tom Henning, BCC Commissioner, District 3 NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." Page 1 April 27, 2010 PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252 -8380; ASSISTED LISTENING DEVICES FOR THE HEARING 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 Michael Bannon - Crossroads Community Church of Naples 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. March 23, 2010 - BCC /Regular Meeting C. March 26, 2010 - Value Adjustment Board Regular Meeting D. March 29, 2010 - BCC /Marco CRA Workshop 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) Page 2 April 27, 2010 4. PROCLAMATIONS A. Proclamation designating May 9 - 15, 2010 as Tourism Week in Collier County. To be accepted by Jack Wert. Sponsored by Commissioner Coyle. B. Proclamation designating May 2010 as Motorcycle Safety Awareness Month. To be accepted by Darrin Brooks. Sponsored by Commissioner Henning. C. Proclamation congratulating Collier County Parks and Recreation for their reaccreditation by the Commission for Accreditation for Park and Recreation Agencies. To be accepted by Barry Williams, Shari Ferguson, Annie Alvarez, Murdo Smith, Kerry Runyon, Sid Kittila, Ilonka Washburn, Tony Roberto, Tona Nelson, Shannon Peters, Nancy Olson, Mary Toro, Peg Ruby, Ron Miller and Jenny Morris. Sponsored by Commissioner Fiala. D. Proclamation designating May 7, 2010 as Childcare Provider Appreciation Day. To be accepted by Kathleen Reynolds, Melanie Holaway and Gayla Thompson. Sponsored by Commissioner Coyle. E. Proclamation designating May 2010 as Mental Health Awareness Month. To be accepted by Petra Jones, Executive Director, Mental Health Association of Southwest Florida. Sponsored by Commissioner Halas. F. Proclamation designating April 30, 2010 as Stan Gober Day. To be accepted by Stan Gober. Sponsored by Commissioner Fiala. 5. PRESENTATIONS A. Presentation honoring Dr. Robert Tober, recipient of the Journal of Emergency Medical Services (JEMS), 2009 EMS 10 Innovators in EMS Award. To be recognized by Dr. Wayne Lee, Charter President of the Florida Association of EMS Medical Directors and Current Member and Past President of the Florida College of Emergency Physicians. B. Recommendation to recognize Cynthia Piper, Park Ranger, Parks and Recreation Department, as the Employee of the Month for April 2010. Page 3 April 27, 2010 C. Presentation by Wade Mastro, Co- Founder, Senior Vice President and Chief Production Officer of 4What Interactive the Collier County Business of the Month for April 2010. 6. PUBLIC PETITIONS A. Public Petition request by Ms. Kathleen Reynolds regarding work being done by the Early Learning Coalition. B. Public Petition request by Mr. Terry Daley regarding level of road noise. 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. This item has been continued from the April 13 2010 BCC meetine This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members PUDZ- 2007 -AR -11320 Sembler Family Partnership #42, represented by Robert J. Mulhere, AICP of RWA, Inc and R. Bruce Anderson, Esquire, of Roetzel and Andress, requesting a rezoning from Rural Agriculture (A) zoning to Mixed -Use Planned Unit Development (MPUD) to be known as McMullen MPUD. The 19.32 acres Rural Agricultural zoned site is proposed to permit a mixed -use development. The rezoning petition allows for a maximum of 185,000 square feet of commercial development. The subject property is generally located one -half mile east of Collier Boulevard (CR 95 1) on Rattlesnake - Hammock Road Extension, the south one -half of the southeast one - quarter of the southwest one - quarter of Section 14, Township 50 South, Range 26 East, Collier County, Florida. (CTS) 9. BOARD OF COUNTY COMMISSIONERS A. Discussion of possible funding alternatives for the S.S. Jolley Bridge Fishing Piers. (Commissioner Coletta requested at March 23, 2010 BCC Meeting) Page 4 April 27, 2010 B. Appointment of Members to the Forest Lakes Roadway and Drainage Advisory Committee. C. Appointment of members to the Bayshore /Gateway Triangle Local Redevelopment Advisory Board. 10. COUNTY MANAGER'S REPORT A. Recommendation to review the potential changes to the Impact Fee Program for Existing Commercial Redevelopment, prepared in accordance with direction provided by the Board of County Commissioners on March 23, 2010, and provide direction to the County Manager, or his designee and the County Attorney as to any such changes that will be incorporated into the Program, by way of changes to the Consolidated Impact Fee Ordinance, to be considered for adoption at a future regular meeting of the Board of County Commissioners as an advertised public hearing. (Amy Patterson, Manager, Impact Fees & EDC, ODES) B. Recommendation to refinance $59,893,000 in outstanding Commercial Paper loans through the issuance of traditional tax exempt fixed rate bonds. (Mark Isackson, Corporate Financial & Management Services, County Manager's Office) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Page 5 April 27, 2010 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve extending the IM Collier Joint Venture (Developer) payment of the second half of the transportation impact fees over a five year period in the amount and manner consistent with Section 74- 302(H)(5) of the Code of Laws and Ordinances, Collier County, Florida for projects that have obtained a three year COA. 2) Recommendation to approve final acceptance of the water utility facility for Lock Up Storage at Immokalee Road. 3) Recommendation to grant final approval of the roadway (public) and drainage improvements for the final plat of Liberty Landing with the roadway and drainage improvements within the platted right -of -way being maintained by Collier County pursuant to the recorded plat of Liberty Landing. 4) Recommendation to inform the Board of County Commissioners of setback issues concerning the replacement of a pool screen enclosure. 5) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Ave Maria Phase One with the roadway and drainage improvements being privately maintained. 6) Recommendation to approve final acceptance of the water and sewer utility facilities for City Gate Commerce Center, Phase 1. 7) Recommendation that the County Manager, or his designee, forward the matter of the default of the Impact Fee Deferral Agreement between Collier County and Creative Choice Homes, XIV, Ltd. for the Heron Cove Apartments /Saddlebrook Village Phase II to the Office of the County Attorney to initiate any and all legal action including, but not limited to, lien foreclosure, if necessary. Page 6 April 27, 2010 8) Recommendation to approve a one -year traffic reservation extension associated with the approval of the Traffic Impact Statement submitted with the Fiesta 3 SDP AR #11621. B. TRANSPORTATION SERVICES 1) Recommendation to approve the after - the -fact submittal of the 2010 Urban and Community Forestry Grant Program Bid Number #RFP /DF- 09/10 -59 grant application in the amount of $24,500 to the Florida Department of Forestry (DOF) to acquire pen tablet computers, update the existing tree inventory and train staff. 2) Recommendation to award a contract for #ITB 10 -5432 Purchase and Delivery of Turf to multiple firms for the estimated annual amount of $250,000. 3) Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of easements necessary for the construction of a replacement bridge on White Boulevard and a new bridge on 23rd Street SW, both over the Golden Gate Main Canal, together with related roadway, drainage and utility improvements for the Accelerated Bridge Construction Pilot Project. (Transportation Bridge Program Project No. 66066.) Estimated fiscal impact: $450,000. 4) Recommendation to approve a Work Order for a construction project to Better Roads, Inc. for the Vanderbilt Beach Road Roadway Improvements in the amount of $505,554.96, Contract #09 -5197, Project No. 66065. 5) Recommendation to award RFP #10 -5402 and agreement between Collier County and Camp Dresser McKee, Inc. (CDM) to begin the implementation of the Immokalee Stormwater Master Plan in the amount of $413,946. C. PUBLIC UTILITIES 1) Recommendation to approve a work order to Douglas N. Higgins, Inc. in the amount of $245,840 for construction of the Master Pump Page 7 April 27, 2010 D. Station (MPS) 104 Reclaimed Water Supply, Project No.72549. 2) Recommendation to award Contract # 10 -5444, FEMA Acceptable Monitoring of Disaster Generated Debris Management to three (3) firms. Annual cost will be dependent on the number and severity of the disaster events eligible for FEMA reimbursement during the fiscal year. PUBLIC SERVICES 1) Recommendation to approve an increase in the Summer Food Service Program Grant in the Amount of $401,700 for FY 2009 -2010 and authorize the necessary budget amendments. 2) Recommendation to approve and authorize the Chairman to sign contract amendments between Collier County Board of County Commissioners and the Area Agency on Aging of Southwest Florida, Inc., and approve a budget amendment which reflects additional grant funding in the amount of $60,000 for the Community Care for the Elderly program, and an increase of $5,000 for the Home Care for the Elderly program for FYI 0. 3) Recommendation to approve and authorize the Chairman to sign an amended Neighborhood Stabilization Program Substantial Amendment to increase the number of eligible target areas and authorize submission of the revised Substantial Amendment to the U.S. Department of Housing and Urban Development. 4) Recommendation to approve an agreement with the District School Board of Collier County for transporting school -age recreation program participants at an estimated cost of $63,000. 5) Recommendation to approve and authorize the Chairman to sign Signature Authority Forms for Disaster Recovery Initiative Agreements #07DB- 3V- 09- 21- O1 -ZO1 and #08DB- D3- 09- 21- O1 -A03 between the Florida Department of Community Affairs and Collier County. These forms will update Collier County's current Chairman for administration of the Disaster Recovery Initiative. Page 8 April 27, 2010 6) Recommendation to approve and authorize the Chairman to sign a contract amendment with the Area Agency on Aging of Southwest Florida, Inc. to amend the Community Care for the Elderly (CCE) grant vendor rate summary. 7) Recommendation to approve and authorize the Chairman to sign three (3) lien agreements for deferral of 100% of Collier County impact fees for owner occupied affordable housing dwelling units located in Collier County. Approval of this item will transfer previously approved deferral agreements from developer to owner occupants with a continuing fiscal impact of $59,615.46. 8) Recommendation to award Bid #10 -5418 for a production well for the Immokalee Sports Complex Swimming Pool to Hausinger & Associates, Inc. in the amount of $70,000 and authorize the necessary budget amendment. 9) Recommendation to approve and authorize the Chairman to sign a modification to Disaster Recovery Initiative Agreement #07DB -3V- 09- 21- 0 1 -ZO1 between the Florida Department of Community Affairs and Collier County. This modification will update the current project work schedules and extend the grant periods. 10) Recommendation to approve and authorize the Chairman to sign three (3) grant agreements accepting the Continuum of Care Homeless Assistance grant award from the U.S. Department of Housing and Urban Development (HUD) totaling $330,761 and approve the associated budget amendments to recognize the funding associated with this award. 11) Recommendation to approve the State Housing Initiatives Partnership Program Local Housing Assistance Plan for Fiscal Years 2010/2011, 2011/2012 and 2012/2013, pursuant to Section 420.9075, F.S. and Chapter 67- 37.005(1), F.A.C., authorize the Chairman to sign associated documents, and authorize submission to the Florida Housing Finance Corporation. 12) Recommendation to waive formal competition and authorize the Chairman to execute Contract #10 -5486 Client -track Subscription Page 9 April 27, 2010 Agreement in order to administer the Homeless Management Information System (HMIS). 13) Recommendation to approve and authorize the Chairman to sign the satisfaction of mortgage for an owner occupied affordable housing dwelling unit that has satisfied the terms of assistance provided. 14) Recommendation that the Board of County Commissioners accept the report regarding the use of the concession, batting cages, pitching wall, and storage area located at Max Hasse Community Park between Golden Gate American Little League (GGALL) and Golden Gate Little League Softball (GGLLS). 15) Recommendation to approve a Resolution adopting the Collier County One Year Action Plan for FY 2010 -2011 for Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), and Emergency Shelter Grant (ESG) Programs and authorize the Chairman to sign the approved resolution and standard contract templates, Department of Housing and Urban Development Certifications, SF 424 Application for Federal Assistance, and authorize transmittal to the United States Department of Housing and Urban Development (HUD). The FY2010 -2011 Action Plan, and associated back -up materials are available in the County Manager's Office. Due to the size they are not being printed. Copies have been made available to the Commission members. 16) Recommendation to approve and authorize Collier County's request that the U.S. Navy put the USS George Philip on Donation Hold for Collier County for deployment as an artificial reef and to authorize the Chairman to execute a letter of support. E. ADMINISTRATIVE SERVICES 1) Recommendation to recognize and appropriate fingerprinting and FDLE background check revenues in the amount of $8,013.28 and special services revenues in the amount of $113,116.69 and approve all necessary fiscal year 2010 budget amendments. Page 10 April 27, 2010 2) Recommendation to approve the purchase of Group Life, Long Term Disability, Short Term Disability Administration Services, and Accidental Death Insurance in the amount of $1,177,154 which equates to a reduction of 22.89% and authorize the County Manager or designee to execute any applications or other documents necessary to bind coverage and services. 3) Recommendation to approve an Agreement for Sale and Purchase with Thomas F. Murphy and Rosemarie Murphy for 1.0 acre under the Conservation Collier Land Acquisition Program, at a cost not to exceed $34,175. 4) Recommendation to terminate the Agreement for Sale and Purchase with Theodore W. Romak for 1.14 acres under the Conservation Collier Land Acquisition Program at no additional cost to the County. 5) Recommendation to accept the request from the Children's Museum of Naples to terminate the Subrecipient Agreement that was intended to provide American Recovery and Reinvestment Act (ARRA) Energy Efficiency and Conservation Block Grant (EECBG) funding in the amount of $250,000 for energy savings and renewable energy projects and authorize the County Manager or his designee to reallocate the funding as necessary. 6) Recommendation to award Bid #10 -5384, Communications Services, to Fiber Solutions of Southwest Florida, Inc. and Aztek Communications of South Florida, Inc. in the estimated annual amount of $200,000. 7) Recommendation to approve, and authorize the Chairman to sign, the documents required to install a fence along the southern boundary of the Railhead Scrub Preserve to deter vehicle trespass and illegal dumping. 8) Recommendation to approve a Second Amendment to Agreement for Sale and Purchase (Amendment) with Richard F. Berman for 1.14 acres under the Conservation Collier Land Acquisition Program at no additional cost to the County. Page 11 April 27, 2010 9) Recommendation to approve Change Order No. 1 to purchase order #4500113459 under Contract Number #09 -5121 with Aztek Communications for Oil Well Road fiber Construction in the amount of $104,306. 10) Recommendation to approve the Pepper Ranch Preserve Quality Wildlife Management Hunt Program, with specific direction regarding the use of rifles, and direct the County Manager, or his designee, to implement the Program. F. COUNTY MANAGER 1) Recommendation to approve the merger of the Transportation Services Division and the Community Development and Environmental Services Division into the Growth Management Division. 2) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2009 -10 Adopted Budget. G. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation for the Community Redevelopment Agency to authorize the creation and funding of a Full Time Employee (FTE) position (Bayshore Beautification MSTU Project Manager Pay Grade 22) for the Bayshore /Gateway Triangle area in FYI 0; approve a Fund 187 and Fund 163 FYI Budget Amendment for the position; and authorize the Executive Director to advertise the position as an internal transfer for applicants from the County Manager agency and hire a qualified applicant. (Fiscal Impact: $32,820 FYI 0) H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Henning requests Board approval for reimbursement to attend an event serving a valid public purpose. He will be attending the Economic Development Council's Project Innovation at the Naples Community Hospital Telford Education Building 350 7th Page 12 April 27, 2010 Street North - featuring Jackson Laboratory on Thursday, April 29, 2010. $20.00 to be paid from Commissioner Henning's travel budget. 2) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Gordon River Greenway - Southwest Florida Land Preservation Trust Reception on April 15, 2010 in Naples, FL. $25.00 to be paid from Commissioner Fiala's travel budget. 3) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Eastern Collier Chamber of Commerce Monthly Breakfast Meeting on February 3, 2010 at 5061 Street South in Immokalee, FL. $15.00 to be paid from Commissioner Coletta's travel budget. 4) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Southwest Florida Council, Boy Scouts of America, Adult Recognition Dinner Event on March 2, 2010 at 1310 Saturnia Grande Drive in Naples, FL. $26.00 to be paid from Commissioner Coletta's travel budget. 5) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Eastern Collier Chamber of Commerce Monthly Breakfast Meeting on March 3, 2010 at 5061 Street South in Immokalee, FL. $15.00 to be paid from Commissioner Coletta's travel budget. 6) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Economic Development Council Project Innovation Program on March 25, 2010 at the Naples Hilton, 5111 Tamiami Trail in Naples, FL. $20.00 to be paid from Commissioner Coletta's travel budget. 7) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Page 13 April 27, 2010 I. J Attended the Economic Development Council- April Investor Luncheon Meeting on April 6, 2010, 1200 Immokalee Road in Naples, FL. $20.00 to be paid from Commissioner Coletta's travel budget. 8) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Eastern Collier Chamber of Commerce Monthly Breakfast Meeting on April 7, 2010 at 5061 Street South in Immokalee, FL. $15.00 to be paid from Commissioner Coletta's travel budget. 9) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. He will attend the Golden Gate Annual Citizen of the Year Banquet on May 6, 2010 at Vanderbilt Country Club, 1514 Eagle Blvd S., Naples, FL. $30.00 to be paid from Commissioner Coletta's travel budget. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to approve the budget amendment for the 911 Microwave Circuits Grant, #S- 08- 07 -31, on behalf of the Collier County Sheriffs Office. 2) Recommendation that the Board of County Commissioners approve the Fourteenth Year SCAAP Letter delegating authority to Sheriff Kevin Rambosk to be the Official Grant Applicant and Contact Person, or his designee, and to receive and expend the payment of Fourteenth Year State Criminal Alien Assistance Program (SCAAP) Grant Funds. 3) To obtain Board approval for disbursements for the period of April 3, 2010 through April 9, 2010 and for submission into the official records of the Board. Page 14 April 27, 2010 4) Request that the Board of County Commissioners accepts the ranking of firms for RFP #09 -5270 Annual Audit Services and authorizes contract negotiations in accordance with state statute. 5) Recommendation to accept and approve capital asset disposition records for time period January 1, 2010 through March 31, 2010. 6) To obtain Board approval for disbursements for the period of April 10, 2010 through April 16, 2010 and for the submission into the official records of the Board. 7) Pursuant to Florida Statute 318.18(13)(b) the Clerk of the Circuit Court is required to file the amount of traffic infraction surcharges collected under Florida Statute 318.18(13)(x)(1) with the Board of County Commissioners. K. COUNTY ATTORNEY 1) Recommendation to authorize the Office of the County Attorney to initiate foreclosure proceedings pursuant to Section 162.09, Florida Statutes, in relation to twenty-two (22) code enforcement liens, arising from Code Enforcement Special Magistrate Cases listed herein, all of which are entitled Board of County Commissioners, Collier County, Florida vs. Henry Tesno and Jill Weaver. 2) Recommendation to adopt a Resolution limiting repetitive public petitions and comments. 3) Recommendation to approve a Settlement Agreement that would pay the County $210,000 in the lawsuit styled Collier County and Collier County Water & Sewer District v. Focus Engineering, Inc. filed in the Twentieth Judicial Court in and for Collier County, Florida, Case No. 06- 0312 -CA. 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 Page 15 April 27, 2010 ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI - JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. Recommendation to approve a resolution of the Board of County Commissioners of Collier County, Florida, designating the Close -Out of twelve (12) adopted Planned Unit Developments (PUDs) which have fully completed development pursuant to their development orders constructing up to the authorized density and/or intensity and have been found by county staff to be compliant with their specific developer commitments. B. Recommendation to approve a resolution designating the Close -Out of three (3) adopted Planned Unit Developments (PUDs) which have fully completed their developments pursuant to their development orders constructed up to the authorized density and /or intensity and have been found by county staff to have only one transportation commitment remaining which will be tracked through the Commitment Tracking System. (CTS) C. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2009 -10 Adopted Budget. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383. Page 16 April 27, 2010 April 27, 2010 CHAIRMAN COYLE: Ladies and gentlemen, the Board of County Commissioners' meeting is now in session. Would you please stand for the invocation to be given by Pastor Michael Bannon, Crossroads Community Church of Naples. PASTOR BANNON: Thank you for this privilege. Psalm 67 says, may God be gracious to us and bless us and make his face to shine upon us, that your way may be known on the earth, your saving power among all nations, let the peoples praise you, oh, God. Let all the peoples praise you. Let the nations be glad and sing for joy as you judge the people with equity and guide the nations upon earth. Let the peoples praise you, oh, God. Let all the peoples praise you. The earth has yielded its increase. God, our God, shall bless us. God shall bless us. Let all the ends of the earth fear him. Would you pray with me, please. Lord God, we are grateful that you are a sovereign God and that it's in your heart to bless us. Lord God, we ask that you would bring great glory to yourself in this meeting. We pray for our commissioners. We know that they're people with cares and concerns of their own. Lord God, I pray that you would bring peace to their hearts and bless them with great wisdom, a wisdom and a skill beyond their own, as they deliberate about matters and concerns of interest and importance to our community. And Lord God, we as citizens of this country and this community pray, Lord God, that you would give us wise hearts as well, that you would guard our speech, that we would each one look out for the interests of one another, that you may be glorified in this meeting and in our lives. And so for the glory of your name, Lord God, I pray. Amen. CHAIRMAN COYLE: Thank you, Pastor Bannon. Would you please remain standing for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) Page 2 April 27, 2010 CHAIRMAN COYLE: Thank you. County Manager, you have changes to the agenda? Item #2A TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED — APPROVED AND /OR ADOPTED W /CHANGES MR. OCHS: Yes, sir. Good morning, Commissioner. These are the agenda changes for the Board of County Commissioners' meeting, April 27, 2010. The first change is to move Item 16D 14 off of your consent agenda. That will become Item IOC. It's a recommendation to receive a report regarding a joint use of various facilities at the Max Hasse Community Park. That item is being moved at Commissioner Coletta's request. Also on that item, Commissioners, there's a change in the fiscal impact statement. It should read, instead of $4,400 expended, that there has been a total of $1,009 expended to date to retrofit cabinets and to add a door to the facility. It is estimated that approximately $2,700 is required to update the electrical panel to accommodate the two organizations. That change is at Commissioner Coyle's request and the staff s request as well. The next change is to move Item 16E10. That will -- off the consent agenda -- will become Item IOD. It's a recommendation to approve the proposed hunt program at the Pepper Ranch Preserve. That item has been moved at Commissioner Coletta's request. We have three time - certain items this morning, Commissioners. The first is Item 9A. That will be heard at 10 a.m. That was at Commissioner Coletta's request. Item 10C will be heard at 1:30 p.m; That was Commissioner Coletta's request. And Item l OD, which was the item that was just moved from your consent agenda, will be heard at 10:30 a.m. That was also at Commissioner Coletta request. Page 3 April 27, 2010 And then a final note. Item 16D 16, there was a typo that Commissioner Fiala pointed out correctly that there would be no fiscal impact except, not expect, the minimal staff time and permit fee application. And those are all the changes I have, Mr. Chairman. CHAIRMAN COYLE: Thank you very much, County Manager. County Attorney? MR. KLATZKOW: No changes, sir. CHAIRMAN COYLE: Okay. Thank you very much. We'll have ex parte disclosure from the commissioners. We'll start with Commissioner Henning today. COMMISSIONER HENNING: I have no ex parte communication. I have no changes to today's consent or summary agenda. CHAIRMAN COYLE: Thank you very much. Commissioner Coletta? COMMISSIONER COLETTA: Yes. Good morning, sir. I have nothing to declare as far as ex parte disclosures and no changes to the agenda, further changes. CHAIRMAN COYLE: Okay. And I have ex parte disclosure only -- oh, that's on the regular agenda. We'll do that when we get there. I have no ex parte disclosure for the consent or the summary agenda, and I have no further changes to the agenda itself. Commissioner Halas? COMMISSIONER HALAS: Good morning -- good morning, Chair. I have nothing to come forward on the consent or the summary agenda, and I have no other changes to make to today's agenda. CHAIRMAN COYLE: Thank you. Commissioner Fiala? COMMISSIONER FIALA: Good morning, everyone. Thank April 27, 2010 you for being with us today. I have no changes to the agenda and no ex parte on the consent or summary agenda. CHAIRMAN COYLE: Thank you very much. Do I hear a motion to approve -- COMMISSIONER HALAS: Motion to approve -- CHAIRMAN COYLE: -- the agenda as amended? COMMISSIONER HALAS: -- as amended. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. We have a motion to approve by Commissioner Halas, a second by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: The motion passes unanimously. Page 5 Agenda Changes Board of County Commissioners Meeting April 27, 2010 Move Item 161314 to 1OC: Recommendation that the Board of County Commissioners accept the report regarding the use of the concession, batting cages, pitching well, and storage area located at Max Hasse Community Park between Golden Gate American Little League (GGALL) and Golden Gate Little League Softball (GGLLS). (Commissioner Coletta's request) Also, there is a change in the fiscal impact, instead of $4,400 expended; it should read that "There has been a total of $1,009 expended to date to retrofit cabinets and to add a door to the facility. It is estimated that approximately $2,700 is required to update the electrical panel to accommodate the two organizations. (Commissioner Coyle's and Staffs request) Move Item 16E30 to 1OD: Recommendation to approve the Pepper Ranch Preserve Quality Wildlife Management Hunt Program, with specific direction regarding the use of rifles, and direct the County Manager, or his designee, to implement the Program. (Commissioner Coletta's request) Time Certain Items: Item 9A to be heard at 10:00 a.m. (Commissioners Coletta's request) Item 10C to be heard at 1:30 p.m. (Commissioner Coletta's request) Item 10D (previously Item 16E10) to be heard at 10:30 a.m. (Commissioner Coletta's request) Note: Item 16D16: The Fiscal Impact sentence should read: There would be no fiscal impact except (not expect) minimal staff time and permit application fee. (Commissioner Fiala's request) 4/27/2010 8:37 AM April 27, 2010 Item #213, #2C and #2D MINUTES FROM THE MARCH 23, 2010 — BCC /REGULAR MEETING; MARCH 26, 2010 — VALUE ADJUSTMENT BOARD REGULAR MEETING AND MARCH 29, 2010 BCC /MARCO CRS WORKSHOP — APPROVED AS PRESENTED CHAIRMAN COYLE: Now, we have the minutes for March 23, 2010, BCC /regular meeting and March 26, 2010, Value Adjustment Board/regular meeting and March 29, 2010 BCC /Marco CRA workshop. Do I hear a motion to -- COMMISSIONER HALAS: Motion to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Halas. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Second by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: The motions -- motion passes unanimously. Item #4 PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ITEMS #4A thru #4E I'._ • April 27, 2010 Item #4A PROCLAMATION DESIGNATING MAY 9-15,2010 AS TOURISM WEEK IN COLLIER COUNTY. ACCEPTED BY JACK WERT — ADOPTED MR. OCHS: Commissioners, you have no service awards today, and that will move to Item 4 on your agenda this morning, which is proclamations. Proclamation 4A is a proclamation designating May 9 through May 15, 2010, as Tourism Week in Collier County. This proclamation to be accepted by Jack Wert and sponsored by Commissioner Coyle. (Applause.) CHAIRMAN COYLE: Congratulations. MR. WERT: If I might, just quickly, Commissioner. Chairman and Commissioners, I want to thank you on behalf of the over 30,000 citizens in Collier County that are -- that really depend on the tourism industry, and so we appreciate this proclamation, and this recognition. And I call your attention to our Annual Tourism Star Awards luncheon, which is on May the 13th this year at the Naples Beach Hotel and Golf Club. We will be honoring over 15 stars in our industry, and we hope everyone can attend. Thank you so much. (Applause.) Item #4B PROCLAMATION DESIGNATING MAY 2010 AS MOTORCYCLE SAFETY AWARENESS MONTH. ACCEPTED BY DARRIN BROOKS — ADOPTED Page 7 April 27, 2010 MR. OCHS: Commissioners, Item 4B is a proclamation designating May 2010 as Motorcycle Safety Awareness Month. To be accepted by Darrin Brooks. This proclamation sponsored by Commissioner Henning. (Applause.) Item #4C PROCLAMATION CONGRATULATING COLLIER COUNTY PARKS AND RECREATION FOR THEIR REACCREDITATION BY THE COMMISSION FOR ACCREDITATION FOR PARK AND RECREATION AGENCIES. ACCEPTED BY BARRY WILLIAMS, SHARI FERGUSON, ANNIE ALVAREZ, MURDO SMITH, KERRY RUNYON, SID KITTILA, ILONKA WASHBURN, TONY RUBERTO, TONA NELSON, SHANNON PETERS, NANCY OLSON, MARY TORO, PEG RUBY, RON MILLER AND JENNY MORRIS — ADOPTED MR. OCHS: Item 4C is a proclamation congratulating Collier County Parks and Recreation for their re- accreditation by the Commission for Accreditation for Parks and Recreation Agencies. To be accepted by Barry Williams, Shari Ferguson, Annie Alvarez, Murdo Smith, Kerry Runyon, Sid Kittila, Ilonka Washburn, Tony Ruberto, Tona Nelson, Shannon Peters, Nancy Olson, Mary Toro, Peg Ruby, Ron Miller, and Jenny Morris, and I hope somebody's left in Parks and Recreation. This item is sponsored by Commissioner Fiala. (Applause.) COMMISSIONER FIALA: Barry, aren't you one of only seven in the entire country that received this? MS. WILLIAMS: One of 90. April 27, 2010 COMMISSIONER FIALA: One of 90. Oh, okay. Seven sounded better to me. CHAIRMAN COYLE: We could tell everybody that. Congratulations, good job. MR. WILLIAMS: Mr. Chairman, Commissioners, if I may, just a moment. I just wanted to thank you for the proclamation, Commissioner Fiala, honoring the Parks and Rec Department. We work very hard for people to have fun in our community, and it's truly an honor for us to receive this accreditation. You do have a top -notch Parks and Recreation Department. It's a testament to that with the receipt of this accreditation award. We have put ourselves in front of national benchmarks that determine excellence in programming, and we've met each one, 144. Thank you, Commissioners, though, for your leadership, your judgment and support, in helping us be successful. Thank you very much. CHAIRMAN COYLE: Thank you, good job. (Applause.) Item #4D PROCLAMATION DESIGNATING MAY 7, 2010 AS CHILDCARE PROVIDER APPRECIATION DAY. ACCEPTED BY KATHLEEN REYNOLDS, MELANIE HOLAWAY AND GAYLA THOMPSON — ADOPTED MR. OCHS: Commissioners, Item 4D is a proclamation designating May 7, 2010, as Childcare Provider Appreciation Day. To be accepted by Kathleen Reynolds, Melanie Holaway, and Gayla Thompson. This item is sponsored by Commissioner Coyle. (Applause.) CHAIRMAN COYLE: You're up here for this one, too? Page 9 April 27, 2010 MS. REYNOLDS: Yes, he is. CHAIRMAN COYLE: You have someone to speak? MS. REYNOLDS: Thank you so much. I just want to let you know that we had a number of our board members here today, which I wasn't completely expecting, so -- we had John Remington, who is the governor- appointed chair of the board of directors of the Early Learning Coalition, Katherine Canfield, and your representative on the Early Learning Coalition representing the Collier County Board of County Commissioners, Barry Williams, who we love having. I thank you on behalf of the teachers and directors in the 258 childcare early learning facilities in Collier County. Please note that 119 of those facilities are under contract with the Early Learning Coalition of Southwest Florida. Through these relationships we serve 1,335 school readiness children each school day, along with 2,139 children in the voluntary prekindergarten program, thereby contributing $8,762,984 annually into Collier County's economic development. Thank you for your recognition of the early childhood teachers and professionals who contribute so very much to the well -being of Collier County and its children. CHAIRMAN COYLE: Thank you very much. Item #4E PROCLAMATION DESIGNATING MAY 2010 AS MENTAL HEALTH AWARENESS MONTH. ACCEPTED BY PETRA JONES, EXECUTIVE DIRECTOR, MENTAL HEALTH ASSOCIATION OF SOUTHWEST FLORIDA — ADOPTED MR. OCHS: Commissioners, Item 4E is a proclamation designating May 2010 as Mental Health Awareness Month. To be Page 10 April 27, 2010 accepted by Petra Jones, executive director, Mental Health Association of Southwest Florida. This proclamation sponsored by Commissioner Halas. (Applause.) MS. JONES: Thank you. (Applause.) Item #4F PROCLAMATION DESIGNATING APRIL 30, 2010 AS STAN GOBER DAY. ACCEPTED BY STAN GOBER — ADOPTED MR. OCHS: Our final proclamation this morning is 4F, Commissioners. That's a proclamation designating April 30, 2010, as Stan Gober Day. To be accepted by Stan Gober. And this item is sponsored by Commissioner Fiala, Mr. Chairman, who, I believe, wants to read the proclamation. COMMISSIONER FIALA: Yes, I do. So Stan, you're going to be stuck standing up here for a few minutes. You want to face the audience so they can see you? Whereas, the country we live in faces many challenges, and our resolve is often tested leading to a dampening of the spirit, but then in all parts of this great country we are blessed with individuals who have compassion, personality, and hearts that uplift our spirits and often provide the catalyst for recovery; and, Whereas, in Collier County, we have such a special individual, a man who provides a location to replenish the body with food and drink and also a location to enjoy the full force of his personality, the wisdom of his years, and the exuberance of his character; and, Whereas, he is always to be found at Stan's Idle Hour Restaurant helping to plan the next way to help in the community or providing a venue for fundraising in the county or visiting with friends from all Page 11 April 27, 2010 over the country or entertaining the crowd with his endless supply of jokes or songs from his 40 years in Goodland; and, Whereas, the proclamation has not yet named the man whose 84th birthday will be celebrated on the 30th of April, 2010, but the clues continue. And on the 14th of December 1999, the Board of County Commissioners issued another proclamation to name a small saltwater inlet Buzzard's Bay South to honor this man; and, Whereas, 30th of April, 1492, Christopher Columbus received the Commission of Exploration from the Spanish thrown; and. Whereas, the 30th of April, 1789, George Washington was sworn in as the first president of the United States; and, Whereas, the 30th of April, 1803, saw the signing of the Louisiana Purchase; and, Whereas, the 30th of April, 1926, in Bessimer, Alabama, saw the birth of this iconic figure; and, Whereas, taking the opportunity to recognize such a worthy individual on his 84th birthday is one not to be missed. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that Apri1,30, 2010, be designated as Stan Gober Day to honor his contribution to what's special about Goodland, Marco Island, and Collier County. Done and ordered this 27th day of April, 2010, Board of County Commissioners, Collier County, Florida, Fred Coyle, Chairman. And Mr. Chairman, I motion that we approve. COMMISSIONER HALAS: Second. COMMISSIONER FIALA: Thank you. (Applause.) CHAIRMAN COYLE: Congratulations. Have a happy birthday. MR. GOBER: Thank you very much. Hope you have a good day and good year. COMMISSIONER HENNING: You going to do your buzzard blow for us? Page 12 April 27, 2010 MR. GOBER: Oh, no. Not today. (Applause.) MR. GOBER: Can I say something? Don't record this now. MR. KLATZKOW: She will. MR. GOBER: I want to thank you, Donna, very much for the honor, and thank you, Commissioners. And you folks who's all here, we (sic) just fortunate that we have an attitude toward life where we are givers, you know, instead of receivers. The good book said, if you believe in me, I'll make a lender out of you instead of a borrower. And that's happened in my life, because the first 12 years of my life we were on welfare, because my dad left my mom when we was quite young. But I did want to say -- can I tell a little joke? It's not bad. It's my style. CHAIRMAN COYLE: You only have an hour. MR. GOBER: Didn't figure you'd cut me off like that. Anyways, a little boy went to his mom. He said, Mom, do we live next door to poor folks? She said, why, honey? Are they Democrats? Oh, no. That's the wrong one. That's not right. He said, Mom, do we live next door to poor folks? She says, why? He says, well, I looked over the fence the other day, and all of our neighbors are sitting in the back yard smoking one cigarette. Is that kind of an appropriate joke for our days and times? I want to thank you all very much, all of you. God bless you, God bless seeing all these folks here, and God bless America. And I invite you Stan's, because once you get there, we'll make you feel at home. Thank you. (Applause.) COMMISSIONER HALAS: Motion to approve today's proclamations. COMMISSIONER COLETTA: Second. Page 13 April 27, 2010 CHAIRMAN COYLE: All right. Motion to approve the proclamations by Commissioner Halas, second by Commissioner Coletta. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: The motion passes unanimously. That brings us to presentations, County Manager. Item #5A PRESENTATION HONORING DR. ROBERT TOBER, RECIPIENT OF THE JOURNAL OF EMERGENCY MEDICAL SERVICES (JEMS), 2009 EMS 10 INNOVATORS IN EMS AWARD. RECOGNIZED BY DR. WAYNE LEE, CHARTER PRESIDENT OF THE FLORIDA ASSOCIATION OF EMS MEDICAL DIRECTORS AND CURRENT MEMBER AND PAST PRESIDENT OF THE FLORIDA COLLEGE OF EMERGENCY PHYSICIANS — PRESENTED MR. OCHS: Yes, sir. Item 5A, sir, is a presentation honoring Dr. Robert Tober, recipient of the Journal of Emergency Medical Services 2009 EMS Ten Innovators in EMS award. This award to be presented by Dr. Wayne Lee, charter president of the Florida Association of EMS Medical Directors and current member and past president of the Florida College of Emergency Physicians. Page 14 April 27, 2010 MR. LEE: Thank you, thank you. Mr. Chairman, Commissioners, lady and gentlemen, like Dr. Tober, I'm an emergency physician also for a long time, and also like Dr. Tober, I am the medical director for a number of EMS systems in Broward County and have been for a long time. Unlike Dr. Tober, my survival rates at my systems are not the same as his. His are better. And I have to say, I am envious. And as someone that's getting a little bit long in the tooth, I am very sensitive to how long it will take the folks to get to me and help me if I have a cardiac arrest. Dr. Tober has always been an innovator and last year was recognized by the Florida Medical Association -- and this is no small award -- and was awarded the Roy M. Baker Award for outstanding leadership in EMS. Also last year he was recognized by the Department of Public Health as the EMS Medical Director of the Year. This year the Journal of Emergency Medical Services, which is nationally recognized by EMS, has awarded him recognition in the form of naming him as one of the ten outstanding innovators in EMS in the country. And to do that, one of the criteria is that you have to make an extraordinary contribution to EMS. And I think Bob's approach, even though not new, but his implementation of a BLS - tiered response in this community has significantly improved your survival rates. I just want to congratulate Dr. Tober and congratulate all of you for living in this community. And this award says, EMS -- Ten innovators in EMS -- he is one of them -- in recognition for innovative thinking in EMS, Robert Boyd Tober, M.D. Thank you very much. Bob, congratulations. (Applause.) DR. TOBER: Thank you all for the recognition, and thanks for supporting all the efforts we've made in this community to make it a Page 15 April 27, 2010 safer and better place to live. Thanks. CHAIRMAN COYLE: Thank you. Bob, Dr. Lee, could you both come up here, and we'll have a picture taken of this. And we would like to add our appreciation to this award, Dr. Tober, for the wonderful job you do. Thank you very much. Thank you. (Applause.) CHAIRMAN COYLE: And before we go to the next item, Barry, would you come up here, please? You asked me to do something, and we both forgot it. MR. WILLIAMS: Yes, yes, sir. I was going to mention that. CHAIRMAN COYLE: Okay. I'm going to present you with this plaque, Commission for Accreditation for Parks and Recreation Agencies, the award we should have given when we gave you the proclamation. MR. WILLIAMS: Thank you. (Applause.) MR. WILLIAMS: Thank you, sir. Item #5B RECOGNIZING CYNTHIA PIPER, PARK RANGER, PARKS AND RECREATION DEPARTMENT, AS THE EMPLOYEE OF THE MONTH FOR APRIL 2010 — PRESENTED MR. OCHS: Commissioners, this is -- seems to be a Park and Recreation day, because our next item is a recommendation to recognize Cynthia Piper, Park Ranger, as -- from Parks and Recreation Department, as our Employee of the Month for April 2010. Cynthia? (Applause.) MR. OCHS: Commissioners, I'll read a few things to embarrass you. Cynthia -- Cindy, who goes by Piper, has been an employee of Page 16 April 27, 2010 the county for almost nine years. Piper has recently assumed the responsibilities of the day -to -day operations at Collier County's newest recreational facility, Freedom Park. In just four months she has gone above and beyond her regular duties to make the park a place that the public truly enjoys. In addition to her duties at Freedom Park, Piper is the chairperson of the Parks and Recreation Department's Annual Child Safety Fair, which is held every October. She also volunteers to manage the Gotta Regatta banquet, an annual sailing event for people with special needs, and serves as an instructor for our summer camp sessions. Piper's enthusiasm, drive, and commitment, make her a true asset to Collier County and very deserving of this award. Commissioners, I present to you Cynthia Piper, Employee of the Month for April 2010. (Applause.) MS. PIPER: Thank you so much. MR. OCHS: Oh, thank you, Piper. Well done. MS. PIPER: Appreciate it. Thank you so much. Item #5C PRESENTATION BY WADE MASTRO, CO- FOUNDER, SENIOR VICE PRESIDENT AND CHIEF PRODUCTION OFFICER OF 4WHAT INTERACTIVE THE COLLIER COUNTY BUSINESS OF THE MONTH FOR APRIL 2010 — PRESENTED MR. OCHS: Chairman, Commissioners, that takes us to our next item, 5C. It's a presentation of the Collier County Business of the Month for April 2010, recognizing 4What Interactive, and presenting on behalf of the company today is Mr. Wade Mastro, the co- founder, senior vice - president and chief production officer, and Mr. Reid Page 17 April 27, 2010 Atwood, the co- founder, senior vice - president, and chief creative officer of the company. Gentlemen? MR. MASTRO: Thank you very much for this honor. MR. ATWOOD: My name's Reid Atwood. And thank you very much for the award on behalf of the entire team at 4What. Me, myself, and Wade Mastro, will be accepting this today. Unfortunately, our other partner, Jim Cassetta, which a lot of you may know, was unfortunately not able to be here today because he is out of town conducting business. So with that being said, he did actually film a little message, which you all will see up here on the presentation board that we'll play for you. (A video was played.) MR. ATWOOD: So you can see how the use of video, which is primarily our main business -- we incorporate a lot of video into presentations, which we've done here -- you know, has really helped us bring -- you know, bring business to you -all and show you -all what we do here, and present ourselves, and bring this technology to companies that have helped them grow as well. A couple of quick facts about 4What. We were founded in '95; have 15 employees. We have a green screen video studio, which is the way that we produce the video and are able to put it on background, and are currently serving over a thousand clients. We provide marketing, training, and communications solutions. Our web video solutions are, in a lot of ways, very economical for companies, allows companies to market more effectively. Web video usually gets put over top of a website. I'm going to show you -all a couple of examples. We have a few -- few companies we produced these presentations for locally here. I'll just kind of show you how it works. (A video was played.) April 27, 2010 MR. ATWOOD: So basically our video production services, we're able to overlay video on top of the website, brings student perspectives to students that are unable to -- you know, to know about Ave Maria, help hear from students, and we do the same with administration, some of the founders. We've incorporated video into a lot of the Ave Maria website, and it really helps people from all over the world get to know Ave Maria a little bit better. We do have a few products that we've created to help drive video on the website for our customers. We actually call them -- we call them wideo, which is kind of ironic. We derived that from web video. So we kind of combined the two and coined the phrase wideo. We also produce web -- websites. We have web development solutions. We do complete website design development. We produce mobile websites now with mobile's becoming more and more popular, search engine optimization, email marketing, and -- as well as shopping carts and helping companies sell products online. We've also derived some web development products that help our customers control websites and build their own websites such as newsletter tools, intranets, shopping carts, form builders, news tools, and it really puts the control in our customers' hands and allows them to control the websites on their own, which is a nice feature. We also produce interactive e- learning solutions for customers. We've produced -- showing a couple examples here on screen -- Bank of America, Discover Card, Cisco Systems. We produce -- we kind of take it beyond training to, like I said, you know, to -- for marketing, training, and communications, to both market the product, to produce training and -- that is actually -- show an example here. (A video was played.) MR. ATWOOD: So when we produce this training piece -- we produced this training piece for Discover, it was also important to market it, to let their merchants know about it, to let their customers know about it, and to market it internally. So that's where marketing Page 19 April 27, 2010 kind of overlays into e- learning. We produce solutions that encompass all of those -- all of those requirements for our customers. As a result we've also produced a few products that are used in the market. ELTcourses.dot, which is an e- learning portal which allows us to manage customer projects -- projects managed and implement e- learning for our customers; and wood trainer, which is a training product that's actually a -- it gets used with IP phones -- IP telephonies, Cisco, Avaya, and Microsoft software and hardware products, which I think is actually incorporated into the county or into the county school system right now, using that. We produce online presentations, as you see here. They're high -end presentations that combine graphics, animation, video texts, interactive capabilities, and I'll show you another quick example here. This is actually used to help -- (A video was played.) MR. ATWOOD: So that was a presentation that we put together here for one of the local events that helped them really, you know, explain what the conference was all about and turned out to be a huge success for Imagine Solutions. We also put those presentations on mobile devices. I'm going to go quick here. I know I'm probably going to run out of time. We serve a lot of global clients, as well as a lot of local clients. And this year we are celebrating our 15th year in business since 1995. That's it. CHAIRMAN COYLE: Thank you. MR. ATWOOD: I know it's a lot. We do a lot. We do a lot for companies, so it's a lot to cram into five minutes, and so I tried to do my best to put together a presentation that relays that. CHAIRMAN COYLE: I think you did a very good job, and we're pleased to have you here today. We're pleased to have you in Collier County. We wish you the best of luck. Page 20 April 27, 2010 It's really nice knowing that companies of this type are coming to Collier County, so thank you very much. MR. MASTRO: One of the things I'd like to add is that myself and Jim Cassetta, we grew up here, we went to school since grade school. So, you know, we feel honored to be a part of the community that we developed here instead of relocating somewhere else. CHAIRMAN COYLE: Good. MR. MASTRO: So we appreciate the honor. Thank you very much. COMMISSIONER FIALA: I used to share an office with Jim Cassetta over at NCH. We worked together in the same room. CHAIRMAN COYLE: Oh, really? COMMISSIONER FIALA: Yeah. CHAIRMAN COYLE: You taught him everything he knows? COMMISSIONER FIALA: Yeah, right. CHAIRMAN COYLE: I'd like to present this plaque to you. (Applause.) COMMISSIONER FIALA: Very informative. Thank you. MR. OCHS: Thank you. Item #6A PUBLIC PETITION BY MS. KATHLEEN REYNOLDS REGARDING WORK BEING DONE BY THE EARLY LEARNING COALITION — PRESENTED MR. OCHS: Commissioners, that takes you to Item 6 on your agenda this morning, which is public petitions. Item 6A is a public petition request by Ms. Kathleen Reynolds regarding work being done by the Early Learning Coalition of Southwest Florida. Ms. Reynolds? MS. REYNOLDS: Good morning. Page 21 April 27, 2010 MR. OCHS: How are you? MS. REYNOLDS: Good morning, everybody. CHAIRMAN COYLE: Good morning. MS. REYNOLDS: It's good to see you. CHAIRMAN COYLE: You look familiar. MS. REYNOLDS: Yes. Actually I saw you at Kiwanis on Marco fairly recently. CHAIRMAN COYLE: Yes, you did. MS. REYNOLDS: And I see Donna every Thursday. But I was here once before in December of 2008 when we talked about the match that we need for Collier County for the approximately $5 million that's invested in school readiness programs. So I wanted to put everybody's mind at ease; I am not here to ask for money, okay. I understand the -- I understand current circumstances. But I did want to just kind of fill you in on who we are, what we do, and why I will probably continue to come before you and remind you that early learning in this state is considered an economic development initiative. It is not considered an educational initiative. And that's why the Office of Early Learning in Tallahassee is situated within the agency for workforce innovation, and it is not situated within the Department of Education. So I'd appreciate just a little bit of time to kind of fill you in on why I -- I spent almost 40 years of my life in K -12 public education, and then after getting this job a couple years ago, came to realize the action is really in pre - school. And I'd like to share with you some of the reasons why that's true. And so I've prepared a handout there, and I'm just going to go through quickly. I would be very grateful if you would take the time at your leisure to look through some of these materials, because I think they're critically important for Collier's future. The very first thing that I'm sharing with you is the piece that was put out by the Florida Chamber last October, and they make it very Page 22 April 27, 2010 clear that Florida's kind of like at a crossroads. We have those historical industries that have served us well, but as you guys well know, with our -- your initiative to our Jackson Labs, we're moving to higher wage, higher quality workforce. And the Florida Chamber's been very clear, that's about education, having a highly qualified workforce that's ready to take these jobs. And in their book that they put out, closing the talent gap, the very first point that they make is, if I may, science has proven that the formative years of ages birth through five are key to child's brain development, thus early education of the state's youngest children is paramount. There's a reason why states are preserving kindergarten funding levels at a time of greatly declining overall revenues, and that's what just happened in the current budget session with the state. While other things were cut across the board, total impact on school readiness and voluntary preK has been one -half of one percent, because there is growing understanding that providing high - quality childcare is about Florida's future. Kindergarten is too late. The second piece that I share with you -- and again, I ask you take a look at at your leisure -- is a piece that the Rand Corporation put together where they did an objective outside analysis of the economic impact of early learning. Very briefly, an increasing course to Fortune 500 CEOs, federal reserve bank analysts, Nobel Prize - winning economists, and other business and economic leaders have led the call to increase public investments in early childhood education. And I want to make a distinction between an investment and charity. There are wonderful philanthropic organizations in Collier County who do great and wonderful things for children, but they follow an agenda that is the agenda of that individual board of directors and the projects states use to participate in. The Early Learning Coalition is charged by the state legislature Page 23 April 27, 2010 with raising all boats, not just a few, not just here and there, but are the only agency in this county that is charged by the state legislature to handle subsidized childcare for nonmigrant children. There are other agencies that are strictly focused on migrant children. But we are focused on all children, and that's why the state does ask your participation in the initiatives of the coalition. Two more pieces. One -- both from economists with the Federal Reserve Bank; one from Dennis Lockhart, president and chief executive officer of the Federal Reserve in Atlanta. His opening statement, that I just learned, truthfully, a few years ago. Kindergarten is too late. Ninety -five percent of brain development is finished by the age of five. By and large, much of life's future agenda is determined by the age of three, and that's why this state has chosen to look at childhood as an investment in economic development. Early education generates higher returns. And I will assure you -- and I'd be happy to meet with you, any of you, individually -- the research base that supports that is irrefutable. As a matter of fact, in one of these articles you will read that the economic return to a community for high - quality early childhood is greater than the economic return on a baseball stadium. A second piece from the Federal Reserve Bank, the economic benefits of ensuring good early childhood development are clear. Now it's time to design and implement the system to do it. And, again, that's from a vice - president of a Federal Reserve Bank, not an educator, not a, you know, do- gooder, professional do- gooder. We're also hearing about the needs for early childhood education from other quarters that we never heard of before. We're used to hearing it from, you know, early childhood professionals, educators, psychologists, but we're hearing it now from different groups, economists. Now, they've been around for a while sharing with us. We're hearing it from thousands of retired admirals and generals who are telling us that fully 75 percent of the young people in this Page 24 April 27, 2010 country today are unfit for military service. They're unfit for military service because of three primary reasons, number one being low levels of education -- and I'm hoping this is not the first time you've heard this -- number two being health issues, obesity, asthma, things that keep kids serving well in the military, and the third one, the large numbers of kids who are incarcerated today are coming out with criminal records. And what are the generals and the admirals recommending as the fix? Guess what? Early childhood education. Quality early education increases graduation rates and cuts crime. Research shows early education builds a foundation for early learning. Again, from the generals and the admirals. There is solid research behind early education. So the title of this piece that I think many people find very compelling, Ready, Willing and Unable to Serve, seventy -- and this is put out by retired military. The other interesting place that we're hearing this from is from the sheriffs and the police chiefs. In this piece here, it's called School or the streets? Crime and America's Dropout Crisis. Police chiefs and sheriffs from across the United States have invested significantly in high - quality research that begins to look at, what would be the impact? If we could just increase the graduation rate in those high- dropout rate states -- and I think everybody here knows, we are one of those high- dropout rate states -- by 10 percent, what their analysts predict is that by increasing graduation rates in the State of Florida by just 10 percent, we could accrue over $1 billion in additional revenues to this state. Their recommendation, where do we start? Is it getting redundant? High - quality preK increases graduation rate and cuts crimes. And that is not from educators or social workers. That's from the police chiefs and sheriffs across this great country. I've also included another piece that shows that the income of Page 25 April 27, 2010 people who have Bachelor's degrees is approximately five times the amount of income of kids who don't graduate from high school, and that money goes into the economy of a community, and that's why I am so grateful that you guys are working to bring higher wage, higher skilled jobs here. But there's a corollary piece to it, and that corollary piece is, unless our kids are prepared to take those high -wage, high- paying jobs, much as in other places, those jobs will go to others. Does that mean I'm supposed to stop? CHAIRMAN COYLE: Yes. Thank you very much. Your time has expired. Any questions from the commissioners? (No response.) CHAIRMAN COYLE: Okay. Thank you very much. MS. REYNOLDS: Well, just in conclusion, I would ask, in your own strategic plan you talk about making decisions about how to collaborate with nonprofits. I don't think we're a typical nonprofit. We put over $8 million into this economy every year. CHAIRMAN COYLE: Have you talked with the school board? MS. REYNOLDS: Again -- CHAIRMAN COYLE: Have you talked with the school board? MS. REYNOLDS: Yes, we have talked with the school board. We have a representative from the superintendents on our -- on our school board. But this specifically is about economic development in this county, and we hope that we can have ongoing conversations with more County Commissioners, as we do in other counties. CHAIRMAN COYLE: Thank you very much. MS. REYNOLDS: Thank you. Item #6B PUBLIC PETITION BY MR. TERRY DALEY REGARDING LEVEL OF ROAD NOISE — DISCUSSED Page 26 April 27, 2010 MR. OCHS: Commissioners, the next item on your agenda is 6B. It's a public petition request by Mr. Terry Daily regarding level of road noise. MR. DAILY: Good morning, Commissioners. How are you today? CHAIRMAN COYLE: Good, thank you. How are you? MR. DAILY: Excellent, thank you. I'll start with just a brief story of why I'm here, road noise. That's pretty vague. Where I reside -- my wife and I actually moved back into Collier County back in October. CHAIRMAN COYLE: Get a little closer to that mike, Terry, if you wouldn't mind. MR. DAILY: My wife and I moved back into Collier County back in October when we purchased a home at basically Livingston and Progress, the main exit out of the industrial park. When we purchased our house, as anybody does, we look at a house on a Saturday afternoon between roughly, you know, one and two. We stop in. Sort of like test driving a car. Loved the house, the area; road noise was moderate. We said, okay, this is great. What we found out after we moved into the house months later, as time was going on, that that has basically become an increasing volume on a daily basis. I go back to, when we had friends over the first time, I actually wrote a letter off to, I think, Nick Casalanguida, which I -- my first entrance into my whole investigation of all this. And if I have a quick second, I'd like to read it to you. Thank you for speaking with me in regards to trying to get us a sound barrier wall in a recently purchased house in Briarwood. Our current situation is that the back of our house literally backs up to Livingston Road in the Briarwood community. Page 27 April 27, 2010 Most of the community south of the guard gate currently have sound barriers, with a few exceptions. I spoke with a few of those residents. They have stated that the wall, although not a true sound barrier, does help noise -- help reduce road noise. The north end of the community that my wife and I live in is in a cul -de -sac, consists of five houses that back to Livingston. Three have hurricane shutters up to block the road noise 24 /seven, 356, and that is for the last two years. Six across the street from us, as well as neighboring houses, and around the lake, suffer greatly from the noise. Saturday night we had -- that Saturday night we had eight -- basically 10 people over. All within eight feet of each other, we had to stop talking more than eight times for tractor trailers, motorcycles, cars with exhaust. It's a daily occurrence with the road noise inside the house. It's really basically diminishing the quality of life to the point we were excited about coming back -- we were in Atlanta -- excited about coming back to Collier County. We came in on a Saturday, looked at the house, picked out a house with a great outdoor living area, said, this is fantastic. Let's do this. Came back. We literally cannot sit out back right now. It is that bad. It caused me to go into a sound study. I had an acoustic engineer come out, do a sound study for me on my road. These -- the -- I guess the noise abatement criteria is 65 for Florida Highway Administration. I think you -all have probably been afforded the PDF which I forwarded as well. My sound levels are in the 80s on the peak, which is excessive. I would welcome any of you over to my house for a cookout sometime. Bring earphones. These sound studies, as I say, show it up into the 80s on a constant basis. The ambient noise level in my backyard is the noise abatement criteria, 64 to 65. That is the ambient level. My constant level in my backyard is 65. April 27, 2010 My wife and I and friends -- we made a discovery just recently. We had our yard resodded last week. We sat out front, said, this is great. It's a nice night. Looked at the grass, said, let's sit out front, look at the new grass. We made an investment. What we realized, the difference of 40 feet from the back of the house was sitting in front of house behind the wall where the front door is, the noise had dropped. It was -- not that it was nonexistence, but it was a livable tone. A hum of a tire was suddenly acceptable. You didn't hear a 14 stack of a tractor trailer that came out leaving the industrial park going through all eight gears through the back of our house, not to mention the motorcycles, the five o'clock rush when people get off work, the mad dash, the eight o'clock -- modified pickup at 8:15 every night that blows out at 112 decibels. And I have that on a sub base vault (sic). I need to get that -- there's just so many things we're looking at. I go into my study. Back actually in 1996 when the county was moving forward with Livingston Road, it actually had a sound study on Livingston Road at that time, and that protected the noise level of Livingston Road, what it was going to be. That sound study at that particular time actually went on to say that a sound wall eight feet taller than the elevation of the sound line of roadway would decrease the decibel level by 5 decibels or more, and that was known back in '96. Now we're actually in that time and place where that is actually needed for quality of life. He goes -- went on to that sound study in 2010, which -- where we are today, he says that our decibel level is 69.25, projected back then. He's not far off. He's under, but he's not far off. He's under by about 6 to 7 decibels, which still exceeds the NAC, or noise abatement criteria, for Florida Highway Administration, which we tend to follow for our road procedures. I go into -- I've given you a couple of matrixes furnished by Florida Highway Administration as well, and you may have them. I'll Page 29 April 27, 2010 give you one here for that. This is actually published -- put together and published by the Florida Highway Administration. I don't know if you can -- is that going to be bigger? What it basically does is it goes on to say -- to begin the evaluation, was this site -- was the site developed after the date of public knowledge? Yes or no? If it was a yes, it's an automatic wash; there's no consideration for noise abatement. No, it funnels down into all the other criteria as well. It's so small I wouldn't -- I have trouble with it, so I'm going to just leave it up there for your re- review and your PDF, which you have as well. But basically the end result of that is, everything funnels down to, we meet the criteria on a Federal Highway Administration Level. We are not a federal highway. We're a county road, but we abide by those regulations, I've been told from numerous Department of Transportation engineering people. I've received phone calls at random from county people that have, you know, been contacted by me digging for information on this. As I go into it a little bit farther, you recently did a sound wall on Santa Barbara extension and Davis. The criteria for that sound wall, the noise study which was done, was done in 2006 in a wooded lot. The ambient noise level, 47- seven. It was the hypothetical basically for what it's going to increase to in 2030. In 2030, they're still 18 decibels below what I live with every day, but yet it's still considered a considerable increase. They have 14 -foot sound walls up, one foot thick, with a two -inch styrofoam core to help absorb the noise, and their traffic will never see what we see on Livingston. Livingston, from the Sheriffs Department, people I spoke with, is the new superhighway from county -- Collier County to Lee County, and people use it constantly without getting on 75. And that commercial area, especially with Golden Gate entrance ramp going in, that has increased the traffic probably fivefold, to make Page 30 April 27, 2010 that the primary entrance. Going back into it a little bit farther, I had a speed study done. In a six to eight (sic) period I had 12,000 cars. That doesn't break down as far as trucks, but one day sitting -- I worked from home -- I counted 120 tractor trailers between the hours of eight in the morning and six at night. My back window faces the -- so it's not hard. Over 120, and that's in roughly an eight -hour period. That's not counting midnight to seven in the morning what's still coming in for distribution. This area right now, we've got an area of about 47 homes that are affected, from our house back across the lake. Just to put that in a little more perspective as far as the neighborhood and who's affected -- who's affected. This right -- where am I going? This right here, the dark blue spot, is actually our house. This is Progress coming out onto Livingston. All the houses shaded in yellow are neighbors that I had spoken with that have signed the petition, that they have -- they are affected by the noise. They can't sit out back. They do hear it, they see it at nighttime, from UPS repairing trucks to Waste Management leaving at four in the morning, to Publix dropping off tractor trailers. You name it, we've got it all. The quality of life that we actually look at, one of my neighbors -- well, I spoke of it. I actually have taken a picture of one of them. This is how they leave their house all day, all night, ever since they've had it. They can't take it down just to let the noise in. So actually these are the steps -- these are the steps that we have to take as the homeowners. I don't want to have to get to that level of doing that. You know -- 15 seconds left. I've done a lot of research into this. It's feasible. It's warranted. It would be greatly appreciated if you would consider it. Quality of life would go up. I can't even begin to tell you where it is right now. And once again, I welcome all of you to stop by and just enjoy. CHAIRMAN COYLE: Okay. Thank you very much. Page 31 April 27, 2010 MR. DAILY: Thank you so much for your time. CHAIRMAN COYLE: Norm, can you tell us what the possible solutions might be? MR. FEDER: Commissioner, for the record, Norman Feder, transportation administrator. When we built Livingston Road, it was completed in 2001. A speed study was done, as Mr. Daily points out; a wall was place where there were homes within Briarwood. A second phase of Briarwood was started sometime after 2002. Actually the aerials show that this home wasn't built until after 2005, all built by the developer after the roadway was already in six -lane status and in effect. Mr. Daily was leasing the property in October, wrote to us in November. Property wasn't closed on -- I guess it's in your wife's name, Mr. Daily -- MR. DAILY: Correct. MR. FEDER: -- in December. And so the knowledge of the situation should have been available to Mr. Daily. But in any case, we do have people that build around six -lane arterials. Once they're completed, we do the noise studies when we go to build it to that standard, and we spot accordingly at that time. So I think even the graphic that was put up, was it known before the effect of this in that same standard? And the answer's yes and, therefore, we don't proceed with noise walls. We'd be doing it all around the county. CHAIRMAN COYLE: So there's no -- MR. FEDER: There are some options, obviously. The neighbors, if there are 47 that are so impacted from the second phase, could get together and form an MSTU and either petition this board for an exception or build a six -foot wall to provide them some relief. CHAIRMAN COYLE: Do you have any idea what the cost of that would be? Page 32 April 27, 2010 MR. FEDER: We can give you an estimate of it. Between the homes -- and there's also actually five lots still owned by the developer in that area that might be of use as well. I had one estimate that probably, if you utilize these homes, you're about 20,000 or a little less per home to build the full wall. CHAIRMAN COYLE: Per home? MR. FEDER: Per home, yes. And so if they did that as an MSTU over time, it would reduce the cost, obviously, as impacts. CHAIRMAN COYLE: Okay. Commissioner Halas? MR. FEDER: Actually 7,000's the figure I have here. I'm sorry. CHAIRMAN COYLE: Seven thousand per home? MR. FEDER: Seven thousand. MR. DAILY: Now, can I -- COMMISSIONER HALAS: Is there a possibility that the developer could put this wall up? Norm? MR. FEDER: Excuse me? COMMISSIONER HALAS: Is there a possibility that the developer could put this wall up? Is this PUD still open? MR. FEDER: I'll defer to Nick on that. But the developer is one we dealt with in a number of areas, as you know, in the past. Really they should have, once they were building next to a six -lane facility -- COMMISSIONER HALAS: I think that's where -- I think that's where it lies, because I can't see where the county's liable, because at the time, from the information that's put in our agenda, there was nothing but trees there, and the road was completed, and then the developer started building. So it shouldn't -- MR. DAILY: Now, may I -- COMMISSIONER HALAS: Excuse me. It shouldn't be the responsibility of the taxpayers here to put this wall up. I think that the commitment should either be the developer -- if the developer doesn't want to do it, then I think that the homeowners that are in there, and they feel that they're impacted, they need to step up to the plate and, Page 33 April 27, 2010 like you said, maybe put together an MSTU to address this particular issue. MR. FEDER: Mr. Chairman, back to the issue. The estimate for a 10 -foot wall, if they got that exception, is about $240,000. I don't have it split out. So -- let me pull back. About 240,000 for a 10 -foot wall for the total length. CHAIRMAN COYLE: That's an expensive wall. Mr. Daily, you wanted to make some comments? MR. DAILY: Yes. Actually as I -- going back over it -- and I know you had spoken -- spoke to the builder being involved in this. That probably isn't a likelihood for us. This neighborhood was actually -- and if I go back to the tax records and appraiser records, this neighborhood was planned and in place before Livingston so, therefore, one -- the way it -- the way -- the way I read this in Florida Highway Administration rules is -- with the matrix that I have presented as well, is one -- if the neighborhood is in place before the highway, the neighborhood actually trumps the highway, that the highway should be -- the highway's what's creating a noise abatement criteria, not the homes. They're lots. It's a planning community. Albeit, the houses aren't built yet. The reasonable factors for a sound study -- sound study or antiquity, the amount of development that's occurred before and after the initial construction of a roadway. That is from a county document. I think more so than ever, that applies now. CHAIRMAN COYLE: Okay, thank you. I'll ask one other question. Norm, can you tell us whether or not Mr. Daily's interpretation is correct in your opinion? MR. FEDER: Typically we do try to look at subdivisions in what's been developed. This was a Phase II. The approval of the initial plat was on Phase I, and we responded accordingly. There were some of those Phase I's that hadn't been built out yet, and the wall was built continuously. They started on Phase II only after 2001 when the Page 34 April 27, 2010 road was completed. So that's probably the distinction on this. CHAIRMAN COYLE: Okay. Thank you very much. Commissioners, are there any commissioners who would like to see this brought back for further considerations? COMMISSIONER FIALA: Who's district is this? CHAIRMAN COYLE: It's my district. COMMISSIONER FIALA: Oh, is it? CHAIRMAN COYLE: It's my district. Okay. Mr. Daily, I'm sorry. We don't have enough votes on the board to solve this problem. I would encourage you to pursue the cost of that wall. Two hundred thousand dollars seems to be extremely high -- MR. DAILY: I actually -- on the cost of that wall, I've spoken with the actual contractors, the precast company which does it. The cost is not $200,000 for a thousand -foot wall. It's about 135 -. CHAIRMAN COYLE: $135,000? MR. DAILY: Correct. CHAIRMAN COYLE: I would suggest -- MR. DAILY: It's considerably less -- CHAIRMAN COYLE: Yeah. MR. DAILY: --than 200. CHAIRMAN COYLE: I would suggest you consider that possibility, see if the neighbors would be willing to form an MSTU. They could pay for it over time. It wouldn't be -- I don't think that it would be necessary to pay this up front in cash. So there might be some interest in doing that. It appears that that's about the only way you can get that resolved right now. MR. DAILY: Great. Thank you. CHAIRMAN COYLE: Thank you. COMMISSIONER FIALA: Another question. Do we -- are there some kind of grants or something available, some kind of neighborhood stabilization grants or anything at all to help these Page 35 April 27, 2010 people? CHAIRMAN COYLE: That's a question to Norm or our housing department. MR. FEDER: As far as state grants, the only thing I could think of is a potential for enhancement funding, which is pretty well programmed out for the next four or five years, but that would be one area of potential under grant areas, at least the traditional ones we use. We could talk to housing and community development, but it's kind of hard to come across grants these days. We'll work with Mr. Daily and be happy to work with his neighbors on the MSTU. We will research any grant options though. CHAIRMAN COYLE: There are CDBG grants. I don't know if they can be applied to something like this, but we seem to be getting money every year for CDBG grants. MR. FEDER: And that's what I said, that's what we look at -- CHAIRMAN COYLE: If we can help somebody repair their front porch or put in storm windows, it seems to me that we should be able to help somebody put up sound walls to improve their quality of life. MR. FEDER: Mr. Chairman, we'll make sure that we get Mr. Daily in touch with the folks that work that grant program and also information on MSTU. CHAIRMAN COYLE: Okay. Thank you. MR. DAILY: In all honestly, I've invested over a hundred hours of my time to get it where it is today, you know, the Phase I or Phase II being planned, whether it was a known quotient before Livingston Road. CHAIRMAN COYLE: Mr. Daily, we don't have three votes on this council to do it. MR. DAILY: I know. Thank you. CHAIRMAN COYLE: Thank you. Okay. April 27, 2010 Item #9A DISCUSSION OF POSSIBLE FUNDING ALTERNATIVES FOR THE S.S. JOLLEY BRIDGE FISHING PIERS - MOTION DIRECTING STAFF TO EXPLORE POSSIBLE FUNDING SOURCES WITH THE SUPPORT OF THE MPO — APPROVED MR. OCHS: Mr. Chairman, that takes you to your 10 a.m. time - certain item this morning. That's Item 9A. That's a discussion of possible funding alternatives for the S.S. Jolley Bridge fishing piers. This item was requested for discussion by Commissioner Coletta. COMMISSIONER HENNING: Motion to approve. CHAIRMAN COYLE: Second. COMMISSIONER HALAS: Call the question. CHAIRMAN COYLE: No. Cancel that motion and second. COMMISSIONER COLETTA: Yeah. Thank you very much, Commissioner Coyle. If I could, this has been an item that came up before several times in the MPO. Regrettably, when this item came before the commission, it's one of those one times out of the year that I wasn't at the MPO meeting. The $500 (sic), without really getting into a deep analysis of what it could -- $500,000, half million, that was supposed to be designated for the pier, without getting into a deep analysis of what it could do or how it could be applied, was reassigned to the City of Naples to be able to use to strengthen bridges that needed some work down at the City of Naples. However, with that said, I asked Phil if he would take a look at what might be available out there in grants to be able to move this issue forward and just test the will of my fellow commissioners to see if this is something we could pursue. I'm not talking about our budget and being impacted by it, but the pursuing of certain grants. Page 37 April 27, 2010 Phil, what can you tell us? I haven't had a chance to meet with you beforehand, so whatever you share with this commission is going to be news to me. MR. TINDALL: Thank you, Commissioner. For the record, Phil Tindall, MPO Director. We've just gotten started on the research and possible grant opportunities to possibly fund the fishing pier. FDOT District 1 staff has been very helpful. They did some research, and they provided us with a list of grant sources that was compiled by the Florida Department of Environmental Protection, Office of Greenways and Trails. There's a list of 70 different grant sources that we've just started doing the research on. It will take us several months to get through the entire list. But we are looking through that. About 41 of those 70 grant sources are foundations, 27 are government entities, and a couple of them are not - for - profit organizations. So as I explained to you in an email on April 8th, it will take quite a while for us to go through all these and try to get some information on their feasibility, but we have initiated the process with the help of FDOT District 1 staff to try to research grant possibilities for funding the fishing piers. CHAIRMAN COYLE: Well, if we don't have any proposals, why don't we just provide guidance to continue the analysis and come back to us when we've got a specific proposal? Will that be okay for everybody? I mean, why discuss it now when we don't even know what -- COMMISSIONER COLETTA: No, that's what I was hoping for CHAIRMAN COYLE: Is that okay? COMMISSIONER COLETTA: -- is something in the way of support and directions for staff. CHAIRMAN COYLE: Okay. Commissioner Henning? April 27, 2010 COMMISSIONER HENNING: Yeah. Actually it should go to the MPO. CHAIRMAN COYLE: Yeah. MR. TINDALL: Our plan was to -- COMMISSIONER HENNING: That should be the -- MR. TINDALL: I'd just like to say -- COMMISSIONER HENNING: -- direction. May I finish? MR. TINDALL: I'm sorry, sir. I'm sorry. COMMISSIONER HENNING: But also, I don't want to get in the way of other funding sources that we have right now and gave direction. We need full disclosure on those items. But if there is grants out there above and beyond what has been applied, yeah, let's do it. CHAIRMAN COYLE: Okay. MR. MITCHELL: Also you have a speaker. MR. TINDALL: Also we'll present an item in the fall after the summer break when we've had a chance to research. They have a specific agenda item in the fall. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. Also, if there's money left over from the construction of the bridge -- now that we're knowing that things are coming in at a lesser cost, a lot of the construction is coming in early, you know, before the projected time -- if there's money saved, is there something that we can do now to request that that money then be put into a fishing pier rather than dispersed elsewhere? Is there something we can do as a commission or as an MPO? MR. TINDALL: We can certainly inquire with FDOT on that matter. The funds that were reallocated to the Mooring Line Drive Bridge project were part of the $5.6 million in local -- area local stimulus funding. The remainder would be FDOT district dedicated revenue and also the state's flexible stimulus funds, which -- that's Page 39 April 27, 2010 something that might be -- have to be decided at the FDOT central office level. But we could certainly inquire if it turns out the costs are coming in below what's budgeted. COMMISSIONER FIALA: Right. I just thought if we got out in front of this situation early and put in a request for those funds for this specific purpose, possibly, that would put us in front of the line for the money. CHAIRMAN COYLE: They haven't even identified all the sources yet, so I think that's what they intend to do if we give them direction to do so. Now, we have one speaker or two speakers? MR. MITCHELL: We have one speaker. CHAIRMAN COYLE: Okay. Why don't we call the speaker. MR. MITCHELL: Wayne Jenkins. MR. JENKINS: Good morning, Commissioners. My name is Wayne Jenkins. I just -- I won't take a lot of time on this. I was here merely to support the idea that there's definitely a need for these catwalks and to see that they do get advanced. And like I said, maybe it's a little premature, but I don't think there's much doubt there's a need for it, and I just wanted you to know there is support. Thank you. CHAIRMAN COYLE: I just have a question. You're talking about catwalks. Catwalks off of what? MR. JENKINS: Okay. Maybe I used the wrong -- I am looking at fishing piers underneath the current Jolley Bridge. I call them catwalks. It's a fishing pier. It would be the same thing. CHAIRMAN COYLE: All right. I was just hoping you weren't talking about adding an additional catwalk to the bridge itself, because that's an awfully long way to drop a line. MR. JENKINS: Well, that's true, or maybe we could come up with something new so we'd have a place to walk cats out on the bridge. Thank you. CHAIRMAN COYLE: They have to be on a leash. .,__,ro April 27, 2010 Okay. Is it -- Commissioner Coletta, if you'd like to make a motion to -- COMMISSIONER COLETTA: Yes, I would. CHAIRMAN COYLE: -- just to have staff continue researching this and come back to the MPO -- COMMISSIONER COLETTA: Right. CHAIRMAN COYLE: -- and then to the Board of County Commissioners hopefully -- COMMISSIONER COLETTA: Yes. CHAIRMAN COYLE: -- with a specific proposal. COMMISSIONER COLETTA: That's absolutely correct, and that, also in the motion, I'd like to clarify the fact that the Collier County Commission is supportive of this particular direction. COMMISSIONER HENNING: Second. CHAIRMAN COYLE: Okay. Any further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: Okay. The motion passes unanimously. Thank you. Item #9B RESOLUTION 2010 -91: APPOINTING RICHARD J. BARRY (LAY PERSON) AND RE- APPOINTING ROBERT H. JONES Page 41 April 27, 2010 (MSTU RESIDENT) TO THE FOREST LAKES ROADWAY AND DRAINAGE ADVISORY COMMITTEE — ADOPTED MR. OCHS: Commissioners, that takes you to Item 9B on your agenda, which is appointment of members to the Forest Lakes Roadway and Drainage Advisory Committee. CHAIRMAN COYLE: Okay. We have to appoint two members to the advisory committee, and we have two applicants. What's the pleasure of the board? COMMISSIONER FIALA: Motion to approve both applicants. CHAIRMAN COYLE: Okay. A motion by Commissioner Fiala COMMISSIONER HALAS: Second. CHAIRMAN COYLE: -- and second by Commissioner Halas to approve Robert H. Jones and Richard J. Berry to serve on the Forest Lakes Roadway and Drainage Advisory Committee. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: The motion passes unanimously. Item #9C RESOLUTION 2010 -92: RE- APPOINTING CHARLES H. GUNTHER AND KAREN L. BEATTY TO THE BAYSHORE /GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD — ADOPTED Page 42 April 27, 2010 MR. OCHS: 9C is appointment of members to the Bayshore /Gateway Triangle Local Redevelopment Advisory Board. CHAIRMAN COYLE: Okay. We have two applicants, and we have two vacancies. Both applicants are reappointments, Charlie Gunther and Karen Beatty. COMMISSIONER HALAS: Second. CHAIRMAN COYLE: Okay. Has somebody made a motion? COMMISSIONER FIALA: I thought you were going to. CHAIRMAN COYLE: Well, I was just reading who applied. COMMISSIONER HALAS: Okay. I'll make the motion. COMMISSIONER FIALA: And I'll second it. COMMISSIONER HALAS: Charlie Gunther and Karen Beatty. CHAIRMAN COYLE: Okay. Motion by Commissioner Halas, second by Commissioner Fiala for Charles Gunther and Karen Beatty to serve on the Bayshore /Gateway Local Redevelopment Advisory Board. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: The motion passes unanimously. MR. OCHS: Mr. Chairman, you have a 10:30 time certain. This might be an appropriate time to take your morning break for the court reporter. CHAIRMAN COYLE: That will give her too long. COMMISSIONER FIALA: Thirteen whole minutes. CHAIRMAN COYLE: Okay. We'll be back here promptly at Page 43 April 27, 2010 10:30 for the time certain. MR. OCHS: Thank you. CHAIRMAN COYLE: Thank you. (A brief recess was had.) CHAIRMAN COYLE: The meeting is back in session. Where do we go from here, County Manager? Item #I OD THE PEPPER RANCH PRESERVE QUALITY WILDLIFE MANAGEMENT HUNT PROGRAM, WITH SPECIFIC DIRECTION REGARDING THE USE OF RIFLES, AND DIRECT THE COUNTY MANAGER, OR HIS DESIGNEE, TO IMPLEMENT THE PROGRAM - MOTION TO HAVE THE COUNTY MANAGER'S STAFF HOLD 2 EVENING PUBLIC MEETINGS TO GET MORE PUBLIC INPUT THEN BRING BACK TO THE BOARD AT A FUTURE MEETING — APPROVED MR. OCHS: Commissioner, we're going to your 10:30 time certain, which is Item I OD on your agenda. It was moved this morning from your consent agenda. It is a recommendation to approve the Pepper Ranch Preserve Quality Wildlife Management Hunt Program with specific direction regarding the use of rifles, and direct the county manager or his designee to implement the program. And Commissioner Coletta had asked for this item to be moved. We can make a staff presentation or get into specific questions from you. COMMISSIONER COLETTA: Well, if I may, the reason I pulled it was a little different from the reason that you may or may not suspect. I -- when this whole program was originally put together and we Page 44 April 27, 2010 got public input on it, the direction was for a very limited type of hunting on Pepper Ranch recognizing the uniqueness of the resource, and a tremendous -- well, two meetings -- was it two or three -- two meetings were put together with the public's input. And every direction was going forward. I was very, very pleased with how conservative the group was there and how they wanted to see it handled. The resource would only be tapped during the prime hunting season once a month. A whole bunch of positive things. Even the fees they were willing to assess on themselves to be able to access the land, the drawings that would take place, and it was all great. Of course, the very first thing that's going to happen there at the commission's direction was the youth hunt, which turned out to be a bigger success than anyone ever anticipated. It was absolutely remarkable. The main stakeholders that were at the meetings for setting the regulations for putting this all together also participated in the youth hunt as what they call master hunters to be able to be the guides for the individual youth that were there, also their parents or guardians had to be there. It was -- a youth had the guardian there plus a hunt master, and everybody just enjoyed themselves so much and they got so much out of it. The discussion went to, why don't we go back and ask the Collier County Commission -- we have plenty of time to be able to act. The next hunt that we were thinking about doing was all the way into October, and it was possibly going to be another youth hunt for hogs again, because we don't have a management plan for the regular game. And then we were looking at the possibilities toward moving into this very slowly to make sure that whatever we do with the resource is not going to, in any way, deplete it or to make any remarkable mark on the amount of game that's out there -- was a turkey hunt for gobblers in the spring, which is removing a resource from the scene that's a minimal impact. We're talking a very small Page 45 April 27, 2010 amount of birds and how many people would be able to hunt. If they took four birds, it would probably be amazing. But the whole thing is, is that, why don't we go back and just take a few minutes and review this one more time, take it back to a public meeting to be able to have the public be able to weigh into it again to make sure we're doing the right thing to see if we could just limit this all just to youth hunts in the future. Because if we stop to think about it, it's a very, very limited resource. The number of people that would be able to hunt in any one year is, I mean, is very small. I doubt if anyone -- if there's enough people applying, and there should be. You probably would never be able to hunt more than once or twice in a lifetime just because of how many people would like to do it, to give everybody a fair share. So why not let the youth of our county get the enjoyment and the experience out of it? And -- excuse me -- today we're going to have some people here that participated that have signed up to speak for you. And I was wondering, before we go to questions and suggestions, if we could hear from the speakers and then take it from there, and then seek the commission's guidance to where we go from here. MR. MITCHELL: Sir, we have five speakers. Wayne Jenkins, followed by Buster Miller. MR. JENKINS: Good morning, Commissioners. My name is Wayne Jenkins. I am the president of the Collier Sportsmen Conservation Club. We are a long- standing local organization that supports public access and responsible outdoor use. I was privileged to be able to be the hunt master for this youth hunt we just had. I don't think I've ever done anything any more rewarding so far as the way it went. We had 50 people there for a weekend, never heard a cross word, never heard a fly and a complaint (sic). It was a beautiful thing to experience. I look forward to another one. I'm not here to give you a lot of 0i April 27, 2010 information on the past hunt. We -- I will be doing a presentation for you in a month or so on the Pepper Ranch youth hunt, and at that time I will tell you some things about Melissa Hennig that you did not know, and I will leave it at that. What I'm really here for today is to tell you that with the -- participating in this event and also participating in the public meetings, there has been a lot of discussion, a lot of different ways of looking at this, and I'm asking you to allow it to go back to staff for some more public input before we set the rules firmly in place. And there's a lot of things to consider. As Mr. Coletta mentioned to you, it's not a big area. A lot of it is pasture. So we're only looking at probably anywhere from eight to I I people hunting at a time, which is going to be a very competitive process to be able to do that. But just to let us see if we can fine tune what we've got in place. There's still much discussion. I think we heard earlier about the rifle issue. I can tell you we did have 15 young adults out this weekend, or last weekend, a week ago. It was done very -- I feel very orderly with the participation I have from some volunteers, and that -- they were distributed, they were given zones to where -- which way they had to shoot, and it was a very enjoyable experience, and I just ask for your support in letting us develop some additional time on it. Thank you. COMMISSIONER COLETTA: If I may, Chair, for just a moment, comment on the issue of rifle and training and how the youth were handled. In order for them to be able to participate, they had to take a very detailed hunter's safety course. They were also given additional instructions on how to humanely kill an animal. They were given a point on the animal that the animal had to be killed at. The four hogs that were slaughters, I would say that three of them -- MR. JENKINS: Harvested, sir. We don't slaughter. We harvest. COMMISSIONER COLETTA: Harvest. Four hogs that were harvested, three of them were hit within about an inch of that kill zone Page 47 April 27, 2010 that was marked. That's really remarkable. Somebody has to really concentrate when they're going to pull the trigger. Before they can fire their gun, they had to have permission not only of their parent or guardian that was there, but also the hunt master that was standing behind them so that would eliminate any kind of problems, you know, with the new hunter out there, and everybody handled it remarkably. MR. JENKINS: Thank you. MR. MITCHELL: Buster Miller. He'll be followed by Cathy Lund. MR. MILLER: Good morning, Commissioners. My name's Buster Miller. I've been in Naples for -- well, since 1952. I was raised here. Over the years, our properties in Collier County, you know, they -- Big Cypress is federal, the Picayune is state, and then -- or, yeah, state, and then Fakahatchee's state. We have nothing left for the kids. So I went on this youth hunt as a volunteer, as a guide -- I'm also a hunt master -- and I had a wonderful change in my mind. I said, you know, if the adults don't stand up for the kids and save something for the kids, there's going to be nothing in Collier County. So I want to see this tabled or whatever, put back. We do have to have more public input on it. And I just want to hope and pray that we can get this to where we can just make it a youth hunt area, because it is a good thing. And another thing, speaking -- Commissioner Coletta was talking about the hunt. The thing is, when these children are out there, they do not have to kill the animal. That is to their discretion. They look at this animal and they say, no, I don't want to shoot it. That's fine. It's not all about pulling a trigger. It is about going, enjoying yourself in the woods, and learning things. I had -- the boy I was with -- his mother's here today -- he shot a nice big sow, the first big kill, and I told him to hold up because I April 27, 2010 didn't know if that was a bear coming through or a pig. But that boy waited, waited till he had a good, clear shot, and then he did it, and the pig fell right there. And it was just a great experience. I don't want to hunt myself. I want to see us table it and let our youth have something. Thank you. MR. MITCHELL: Cathy Lund, and she'll be followed by Marco Espinar. MS. LUND: Good morning. My name is Cathy Lund. I was fortunate enough to -- and my son, to be on this very first Collier County youth hunt. He went through all the courses, and I wouldn't have it any other way. He was taught properly. The entire time we were on this youth hunt, and the experience -- experience that we had, I felt safe. My son was taught properly. What I didn't expect was all the education that went along with it, teaching them properly. They're going to be the future hunters of Collier County. All the wildlife that we saw, from gobbler turkeys to a big, open field of as many as 15 deer at a time, to a very curious little bear. The experience was absolutely wonderful. I can't say enough about the W -- FWC. I would like my son and other youth hunters to have the opportunity to do this again and to experience the vast wildlife that's out there that we may have never seen. Thank you. MR. MITCHELL: Marco Espinar. He'll be followed by Tom Taylor. MR. ESPINAR: Good morning, Commissioners. Marco Espinar. I was one of your hunt coordinators, volunteers, a hunt guide, and I'm here to support to have a couple more public meetings to discuss this openly, but I'm also here to thank the County Commissioners for allowing us to have this youth hunt. I'm going to say something that may be a little -- take it a little bit April 27, 2010 more political, and that is, this all started with Collier Addication (sic). When we have a problem in our community, a lot of times it's not more regulation or more -- or bring in a government agency to resolve our issues. Most of the time our solutions are right in your own community. We had an amazing turnout. People step up to the plate. We had volunteers, sponsors. We had people -- one sponsor pay for the Friday night's dinner. It was exceptional the turnout of this youth hunt. And I just want to thank the County Commissioners for giving us the opportunity to show what we can put together and help the youth out here in the community. Thank you. MR. MITCHELL: Tom Taylor, and he's your last speaker. MR. TAYLOR: Probably never expected to see me again to talk about Pepper Ranch. CHAIRMAN COYLE: You want to buy it back? MR. TAYLOR: What's the appraised value? CHAIRMAN COYLE: Twice what it was before. MR. TAYLOR: You know, from my perspective this youth hunt couldn't have gone any better. I thank the County Commission for giving the public the opportunity to go out there, the kids, to experience a very special property. And I think the kids and their parents and, to be honest with you, many of the volunteers and guides that were out there, just couldn't believe what they were seeing. They'd never seen game like this in Florida before. And I've been very pleased with the way -- the direction that the public dialogue has gone on this youth hunting and the overall hunting dialogue. What you have before you, I guess, today is what I would hope would be something of a work in progress. It is very well done. There's been very good input from the public in these public meetings. Page 50 April 27, 2010 People have been pretty much on the same page. You kind of wondered where people were going to come from, but it's been people that were very much interested in conserving the wildlife and the wildlife habitat. The -- what came out of the youth hunt, one of the things that came out of it, was this discussion about whether it ought to be more focused on youth as opposed to adult. And in order to really properly vet that, I think we should go back and have another public meeting or two, just as we've had other meetings, and see what much of the consensus might be along these lines. So if you remand this back to staff for a little bit more discussion, I'm sure we'll come to a good conclusion. Thank you. CHAIRMAN COYLE: Was that the last public speaker? MR. MITCHELL: That was the last speaker. CHAIRMAN COYLE: Okay. Commissioner Henning? COMMISSIONER HENNING: I make a motion that we continue this item and ask our county manager to have two public hearings on the management plan for Pepper Ranch. COMMISSIONER COLETTA: I'm sorry. I'd like to second the motion. Would you repeat it again? To be able to send it back to staff to have public meetings? COMMISSIONER HENNING: I'm going to -- my motion was to continue this item and ask the county manager to have two public meetings for the management plan and get public input. COMMISSIONER COLETTA: May I help you just a little bit with it, sir? May I suggest public meetings be held with staff sometime in the evening then brought back to the commission for a meeting so that the thought process could be put together in a more meaningful way? It would save this commission a lot of time and it would get right to the bottom of the direction we're going to go. It'd still have it come before the commission at least one time to be able to be approved to review it again. Page 51 April 27, 2010 COMMISSIONER HENNING: So I'll amend my motion to have those public meetings that the county manager will direct to staff to do in the evening. COMMISSIONER COLETTA: Then brought back to the commission for final -- well, yeah. I'll second that. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: I have one question for staff. If we open this up for adult hunting, my concern -- and maybe it isn't even a concern at all -- but do we have that land well posted so that the hunting only relates to organized hunting so people don't go on there and feel that this is an open area to hunt at any time, that it has to be approved by an organizational hunt so we don't end up poaching or whatever else? MS. HENNIG: Melissa Hennig, principal environmental specialist. We don't at this time, but that was the plan if this was to be approved; we were going to get out there and post it. COMMISSIONER HALAS: Okay. CHAIRMAN COYLE: Okay. I just have a couple questions, and I'm in support of having additional thought put into this thing. But it seems to me that we're going to have a series of meetings to get to a conclusion that we don't really need to do if we can provide some additional guidance today. And it seems to me that the critical decision that has to be made is whether this is going to be -- the hunting on this property is going to be restricted to youth hunts that are supervised and well controlled, or will it be open to the public even under the same kinds of controls and hunting zones, assignments, as are currently in effect? Because it is when you get away from the controls that you begin to have lots of problems. And what I'm specifically talking about, when you've got an experienced hunter with the youth, they are hunting, that's a very well controlled process, but when you assign a hunting zone to a hunter Page 52 April 27, 2010 who is not supervised and not guided, you're going to get all kinds of problems. And I can tell you that most military reservations in the United States permit this kind of hunting, but it's very, very controlled. You can't go outside your hunting zone, you cannot hunt from the ground in most cases, you cannot stalk animals, because they don't want people walking through the woods. They have designated stand sites, and you shoot from a stand, and there are identified fields of fire which are acceptable. Now, on the map I don't see any indication that there's a recognition that there are homes, private residences, on the east side, southeast side, of that property. And I think that's very, very important. So if you're going to talk about making it only a youth hunt, what you've got is really great. It's a good thing. But if you expand it beyond that, you've got a lot more work to do. And so we need to make a decision, I think, as quickly as possible about whether or not this should be specifically limited to youth hunts or it would be opened up to everybody on a controlled basis, of course; not just open the gates and say, go in and hunt, but opened up on a controlled basis. And Commissioner Coletta? COMMISSIONER COLETTA: Yes. And, you know, I just -- everything you said is absolutely true, but if we follow the format that's already been put into this -- I'm not sure if it needs to be modified -- it does everything you said. Fields of fire are limited to just certain direction, you're told that you can't fire past this point, you've got the hunting guide standing right by the person. If for some reason they get excited and start tracking an animal across the field, they stop them right at that point in time. So it's contained, very contained. You have two different controls there, being the guardian and the hunting guide. Those particular things are no problem at all. That, I Page 53 April 27, 2010 think, would meet all your criteria. And I'm sure that none of that would be changed as we go forward. As far as rifles go, which I think is what you were trying to get to, limiting the field of fire removes any kind of objection, because whatever direction the homes are, even though they're quite a distance away, you just don't allow any fire to go in that particular direction, and having two people overseeing every youth eliminates that responsibility of it happening. CHAIRMAN COYLE: Well, the key question though is, it is a youth hunt that is supervised with some experienced person with each one of those hunters. That's the key. COMMISSIONER COLETTA: Right. CHAIRMAN COYLE: Where you get into problems is just saying, okay, you're going to be assigned hunting zone number five, and that's yours for the day, and you just go on out there and start hunting. Something is -- bad is going to happen. The people walking on the ground and firing a high - powered rifle in that area is likely to cause a problem at some point in time. If you're going to specify stands, stands ought to be designated, and people ought to know where they are, and they should understand you don't leave that stand and start walking through the adjacent hunting areas. So there -- it's important. But the way you've got it right now for children, or for youth, is a great way to do it. It's well controlled and you've got the right idea. So the question we have to answer is, are we going to do it for youth hunts only, or are we going to migrate into some other hunting process that allows any licensed hunter to go into the property and hunt without having a guide? That's the question. COMMISSIONER COLETTA: I can kind of get to the point on that. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: In the -- because I attended all Page 54 April 27, 2010 of the meetings that took place, and also I survived the two days of the youth hunt on the ground and the whole business. And it rained, too, by the way. CHAIRMAN COYLE: Good, good. COMMISSIONER COLETTA: But in any case, at no point in time, if the general public was going to be allowed on the land, there was all sorts of restrictions on them, too, even checking in, checking out, assigned places they could be, when they could travel. The youth hunt is even more restrictive in the fact that you're not out all day in the blind. You're out there for a period in the morning, then you come back, you have a lunch, you go through different other classes, informational, and then you go back in the afternoon again for another two or three hours, two - and -a -half hours or so out there again. Very, very controlled in the amount of time somebody's out there. A lot of activities other than just the hunt itself. But the general public, if it ever came down to it -- and you have in your folder a little bit of a breakdown as far as what the thought was, if it was going to be a general hunt. The general public would not have access to this land. There's just -- it's such a limited resource. You can only allow like eight to ten people on it at a time, a couple times, or one time maybe once a month. It's going to have to be by some sort of random draw or some sort of point system so people will always get consideration for it, something similar to what they do on CREW. They have some hunts like this on CREW. They're very, very limited. People might apply year after year before they actually get a position to be able to hunt on the land for that particular type of game that they're seeking. CHAIRMAN COYLE: Okay. I understand all that. I've done hundreds of these things. I just -- once you don't have someone supervising the hunter, you have no idea what the hunter's doing, okay. And if it's a youth hunt and you're going to supervise them, Page 55 April 27, 2010 that's wonderful. I'm real happy with that, and I'd be real happy if you restricted it to the youth hunts. But nevertheless. Okay. We have a motion on the floor for -- by Commissioner Henning, seconded by Commissioner Coletta. And any further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: Thank you. Item #I OA REVIEW OF THE POTENTIAL CHANGES TO THE IMPACT FEE PROGRAM FOR EXISTING COMMERCIAL REDEVELOPMENT, PREPARED IN ACCORDANCE WITH DIRECTION PROVIDED BY THE BOARD OF COUNTY COMMISSIONERS ON MARCH 23, 2010, AND PROVIDING DIRECTION TO THE COUNTY MANAGER, OR HIS DESIGNEE AND THE COUNTY ATTORNEY AS TO ANY SUCH CHANGES THAT WILL BE INCORPORATED INTO THE PROGRAM, BY WAY OF CHANGES TO THE CONSOLIDATED IMPACT FEE ORDINANCE, TO BE CONSIDERED FOR ADOPTION AT A FUTURE REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS AS AN ADVERTISED PUBLIC HEARING — Page 56 April 27, 2010 APPROVED MR. OCHS: Commissioners, that takes us to Item l0A on your agenda this morning. It is a recommendation to review potential changes to the impact fee program for existing commercial redevelopment. Ms. Amy Patterson, Manager of Impact Fees in EDClCDES, will present. MS. PATTERSON: Good morning. Amy Patterson, for the record. I can go straight to your questions or I have a brief presentation. I'm here -- no -- at the board's direction. I only have one thing to put on the record, and that is that we attended the Productivity Committee meeting last Wednesday, and the Productivity Committee, by majority vote, endorsed the recommendations of staff and DSAC regarding the changes to the program, and those are detailed in the executive summary. CHAIRMAN COYLE: Okay. Now, I've taken the liberty of trying to consolidate the recommendation. Can I read them to you to make sure that they are, in fact, correct? MS. PATTERSON: Sure. CHAIRMAN COYLE: Number one is that we would revise the system to provide for buildings that are three years old or older with an age -in process. MS. PATTERSON: That's correct. CHAIRMAN COYLE: Okay. Number two is, eliminate impact fee review for zoning certificates or business tax receipts? MS. PATTERSON: That's correct. CHAIRMAN COYLE: Number three is, the impact fee credits run with the land in perpetuity. MS. PATTERSON: That's right. CHAIRMAN COYLE: And number four, explore impact fee revisions for small medical offices with leases and the impacts with Page 57 April 27, 2010 lesser impacts -- MS. PATTERSON: That's correct. CHAIRMAN COYLE: -- than traditional medical offices. MS. PATTERSON: That's correct. COMMISSIONER HENNING: Motion to approve. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: So I've covered them all, right? MS. PATTERSON: Yes. CHAIRMAN COYLE: Okay. And the motion would cover all those -- all those provisions. Okay. We have a motion by Commissioner Henning and a second by Commissioner Coletta. And Commissioner Halas? COMMISSIONER HALAS: Oh, that was from the last time, sir. CHAIRMAN COYLE: Oh, okay. I'm sorry. All right. Is there any further discussion? (No response.) CHAIRMAN COYLE: Okay. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: Good job. MS. PATTERSON: Thank you. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: The bean counters just walked in. CHAIRMAN COYLE: Who did what'? COMMISSIONER FIALA: The bean counters just walked in. l► _ _ April 27, 2010 CHAIRMAN COYLE: Oh, great. Item #I OB REFINANCING $59,893,000 IN OUTSTANDING COMMERCIAL PAPER LOANS THROUGH THE ISSUANCE OF TRADITIONAL TAX EXEMPT FIXED RATE BONDS — APPROVED MR. OCHS: Commissioners, that takes you to Item IOB on your agenda, which is a recommendation to refinance $59,893,000 in outstanding commercial paper loans through the issuance of traditional tax exempt fix -rate bonds. Mr. Mark Isackson, Corporate Financial and Management Services Director, will present. MR. ISACKSON: Thank you, County Manager. Good morning, Commissioners. For the record, Mark Isackson with the County Manager's Office. Before you today is a rather weighty matter relative to our debt structure and also, as we approach our FY2011 budget cycle, there's a recommendation before you to refinance $59.8 million in outstanding commercial paper loans through the issuance of traditional tax exempt fixed -rate bonds. Over the past few months, members of the finance committee, as well as our designated financial consultant of record, our bond counsel, members of the County Attorney's Office, have been reviewing this matter with an eye toward providing the board with a recommendation on how we handle a potential bullet coming up in December of 2012, which will be anywhere between 47- and $60 million in commercial paper loans which will come due under our current letter of credit provider, Wachovia, through the Florida Local Government Finance Commission. With that in mind, the committee set forth a rather aggressive schedule in reviewing all available options, and we are at this point in .0_. s' April 27, 2010 time based on their review and analysis. Before I go on, I'd like to introduce some of the members of the committee as well as others who are involved in this process who devoted quite a bit of time and effort, lended their expertise to this to this review. Sergio Masvidal from Public Financial Management consultants is here; Director of Financial and Clerk of Court's agency, Crystal Kinzel; Derek Johnssen, the Accounting Manager for the Clerk of Courts Finance Division; and Susan Usher in the Office of Management and Budget; Jim Gibson, who is a member of your Productivity Committee, was instrumental also in sitting down and lending his expertise to this review and analysis; Jeff Klatzkow was involved also; on the finance committee, Tom Widis, from the Public Utilities Division; and Bala Sridhar was also an active participant in the process. The county has been actively involved in commercial paper since 1991. We issued -- took down our first loan of about $13.7 million back in 1991 to finance a road project. Since then we have issued some $275 million in commercial paper. We are now down to 12 loans, and those loans currently have an outstanding value of $59.8 million. The county's been served well by this program. Over the course of the time that we've been involved with it, our interest rate has been about 3.36 percent average historical interest rate through the issuance of commercial paper. But we're now faced with a situation where certain things will happen if the county's not proactive in at least recognizing the fact that we have this outstanding debt and taking some proactive steps in trying to try and manage it. The $59.8 million or some pay -down amount thereof will be due in December of 2012. And given the financial constraints that exist in the market right now, our current lender of credit provider, Wachovia, through the program, the Local Government Finance Commission, April 27, 2010 will not be renewed. So at that point in time we're faced with a decision. Those decisions are outlined for your review on Page 2 of 7 of the executive summary continuing to Page 3. The first aspect of the review talked about proceeding with our current practice of paying down the commercial paper debt with an eye toward determining how we would find, for lack of a better term, between 47 and $60 million in a lump sum payment in December of 2012. That option wasn't very appealing to members of our committee. And while we reviewed it, we provided you with some advantages and disadvantages connected with that on Page 12. It was not a serious matter for consideration. The second option which we thought was worthy of discussion revolved essentially extending commercial paper with another letter of credit provider. Sometime between now and December of 2012, we would, in fact, identify a secondary letter of credit provider and then proceed to negotiate a refinancing of the current outstanding balance at that time. The third item was to essentially take out/refinance the current outstanding balance at the current $59.8 million right now, and that option seemed to have some momentum with our committee members, have momentum with those who are in financial markets, bearing the fact that interest rates are at a historical low right now. So those were the essential elements of the analysis we did, and the recommendation before you is to refinance the current $59.8 million in commercial paper loans through a traditional tax development fixed -rate financing. That would be under a, what we call, a covenant to budget and appropriate where all legally available non -ad valorem revenues would be pledged toward a payment -- repayment of this debt over a 25 -year period. In addition to the finance committee recommendation, which was unanimous, the matter was also brought forth to the Productivity Page 61 April 27, 2010 Committee last Wednesday. Jim Gibson, member of the committee, introduced the topic. And as I understand it, that was unanimous and endorsed also by the Productivity Committee, this recommendation. So in a nutshell, what staff is asking the board to approve is the direction of the county manager or his designee, along with the county attorney and the county financial representatives and legal advisers, to proceed with the preparation of all necessary documents to refinance $59.8 million in commercial paper debt through the issuance of fixed -rate financing. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: Yes. I just wanted to reiterate that this was brought before the Productivity Committee, it was very well vetted, and that Jim Gibson put together a very good presentation, and the end result was this was approved overwhelmingly by everyone on the Productivity Committee. And I think that we need to move forward in this, and I'll make a motion that we go ahead and refinance this through fixed -rate bonds. COMMISSIONER FIALA: Second the motion. CHAIRMAN COYLE: Okay. We have a motion to approve by Commissioner Halas, second by Commissioner Fiala. And Commissioner Henning? COMMISSIONER HENNING: Well, I don't think we have a choice in the matter. That's -- that's a real issue is, we don't have a choice. And my concern is incurring more debt in a down market, less revenue, less fees, and we're still approving projects that we really don't know if we're going to have the money in the future. So -- and I've said it over and over and over, we don't have the income problem. We have a spending problem, and this is a result of it. So I hope in the future that we can slow down spending money that we're -- we know we're not going to have in the future. That's for my colleagues. CHAIRMAN COYLE: Okay. Commissioner Fiala? Page 62 April 27, 2010 COMMISSIONER FIALA: Yep. Just a little defense to that. When we started borrowing this money when we first took over years ago, they had stopped spending any money to repair things, to improve things, to widen own our roads, to fix our water treatment plants, et cetera, but they did save the taxpayers money. When we took over, we had a stinking landfill, we had a seeping wastewater treatment plant, we had growth that hadn't been repaired in ever so long, and we knew that we had to bite the bullet and spend that money in order to get these things repaired and brought up to -- up to standards before -- and as it was, the state still crashed down on us because we were so lack, lack and lackadaisical, in doing this work. So anyway, I appreciate what you say. At the same time, that money wasn't spent frivolously. We had to spend that money in order to improve health, safety, and welfare of our citizens. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER HALAS: Well said. COMMISSIONER COLETTA: And also it went to building some median improvements and also two new libraries during that period, which were much in demand by the public. CHAIRMAN COYLE: Not to mention the rock roads. COMMISSIONER COLETTA: I didn't say anything about lime rock roads, Commissioner Coyle. But since you gave me the opening, ladies and gentlemen, please support limerock road paving in Golden Gate Estates. Write Commissioner Coyle a letter telling him you support it. Thank you. COMMISSIONER HALAS: For more limerock roads or for blacktopping limerock roads? COMMISSIONER COLETTA: Well, for blacktopping limerock roads. CHAIRMAN COYLE: Okay. We have a motion to approve it, right? COMMISSIONER FIALA: Yes. Page 63 April 27, 2010 CHAIRMAN COYLE: Okay. Any further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. MR. OCHS: Thank you, Commissioners. CHAIRMAN COYLE: We're running out of things to do here, County Manager. COMMISSIONER HALAS: Good. MR. OCHS: Yes, sir, we are, indeed. We have one other staff item, but that's a 1:30 time certain. It's difficult to know the day before when you have these pulls of exactly how much time we're going to take on each one. So we've got a 1:30 time certain after your 1:00 p.m. public hearing under 8A. Other than that, I don't know if you want to take public comment on general topics now, Mr. Chairman, or wait towards the end of the meeting. CHAIRMAN COYLE: I don't know that we have any public comment on general topics, so -- COMMISSIONER HENNING: One question on the agenda. Don't we have 16D 14. MR. OCHS: Yes, sir. That's the 1:30 time - certain item. CHAIRMAN COYLE: 1:30 time certain. MR. OCHS: It got set for 1:30. COMMISSIONER HENNING: Who did that? April 27, 2010 CHAIRMAN COYLE: Commissioner Coletta. COMMISSIONER HENNING: Oh, I see. I see. CHAIRMAN COYLE: You blame everything on Commissioner Coletta today. He's the one that messed up the calendar. COMMISSIONER COLETTA: And we're getting paid by the hour, aren't we? CHAIRMAN COYLE: No, no. COMMISSIONER HENNING: My mistake. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS CHAIRMAN COYLE: Okay. If we don't have public comment, we can certainly have any comments from the county manager. MR. OCHS: Under 15, sir? CHAIRMAN COYLE: We normally save it till the end of meting, but we can do it now. MR. OCHS: Yes, sir. I have nothing this morning. CHAIRMAN COYLE: County Attorney? MR. KLATZKOW: I have nothing either. COMMISSIONER FIALA: You guys are supposed to say something. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. I do have something. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: Just recently it came to my attention -- actually I went out to breakfast with Mark Strain from the Planning Commission. And we were talking about another issue altogether when he brought up the fact that, had I noticed back when that inclusionary -- the affordable housing policy 1.4 had been changed? We started to talk about it, and he brought the copies. Page 65 April 27, 2010 What had -- when we were talking about inclusionary zoning back in 2007 -- and we were all focused on that, so was the Planning Commission, so were our attorneys, so was our staff -- nobody saw the little change in 1.4. Before it said, affordable housing will be distributed equitably throughout the county. It was changed to, unbeknownst to any of us, Collier County shall seek to distribute affordable housing equitably which, of course, changes the whole context of it. And I wanted to bring that to your attention because -- I talked to our attorneys about that. Steve researched that for me. And I would like to change it back to the way it was. CHAIRMAN COYLE: We'll have to put it on the agenda, right? COMMISSIONER FIALA: Yes. MR. KLATZKOW: No. You'd have to make it part of your Comp. Plan changes. I guess the next time would be the EAR -based amendments, Nick? MR. OCHS: Yes, sir. CHAIRMAN COYLE: We could move it back to the way it was before that where the -- all the affordable housing would be placed in Commissioner Fiala's district. COMMISSIONER FIALA: It is already. COMMISSIONER HALAS: No, we've got some inn District 2. MR. CASALANGUIDA: Nick Casalanguida. You have an EAR -based cycle that's going on right now. We'll take that guidance to make that correction through the process. CHAIRMAN COYLE: Let's make sure you've got a majority of commissioners who agree to that. Are there three nods or not? COMMISSIONER HENNING: I need to comprehend that again. Now, what are you saying? COMMISSIONER FIALA: I said that initially our Comp. Plan said that affordable housing will be distributed equitably throughout '._- .. April 27, 2010 the county. That was written in 1997. In 2007 somebody who isn't even with the county anymore changed those words to, Collier County shall seek to distribute affordable housing equitably. COMMISSIONER HENNING: Now, because of land values, how are you going to force that? I don't know. I mean, when you make a commitment to distribute it equitably, I think that's noble, very noble, but the way it was before, there's no way that you could do it. COMMISSIONER FIALA: Well, it's interesting because also, if you remember way back, we had a report that said that we were 30,000 affordable housing units short and that -- you know, crisis, crisis, crisis. And I've been talking with Nick, and I said, I'd love to have a count of where they are and how much we have. And, of course, Nick could only give me what the state says we can count, and that are homes that were built with SHIP fund. SHIP wasn't, of course, created till 1996, so that means nothing in Golden Gate City was ever in the count because they were not built with SHIP funds, nothing in Golden Gate Estates because they're all single - family homes. They were never built with SHIP funds, so they're not in the count. And, of course, there are 17,479 in East Naples that were not in the count because they were all built -- like Naples Manor, for instance; all built before 1996. Now, I tried to point that out to everybody at the time, and everybody looked at me as though I were green and had horns. You know, where in the heck am I coming from? Nobody believed a thing, and here it was in black and white paper. So Nick then -- I asked Nick to take a look, and he said, actually the count was correct. According to state standards, the only thing you could count were units that were built with SHIP funds, but the existing units that are actually here that people are living in are not in the count. Page 67 April 27, 2010 And so I asked -- I asked Nick to give me a count of both. It's going to be interesting to see what we have. COMMISSIONER HENNING: Well, just to stay on the topic. MR. CASALANGUIDA: Sure. COMMISSIONER HENNING: On the language that's bein discussed -- g CHAIRMAN COYLE: It's a continuation. COMMISSIONER HENNING: Yeah. I know it's a continuation, Commissioner Coyle, but why have staff do something if you can't make it happen? So that's the clarification that I have is, when you say distribute affordable housing throughout Collier County and it's being changed to -- or it is now, the county shall seek, how are you going to get affordable housing in Port Royal? How are you going to get affordable housing in Grey Oaks? How are you going to do that if you change the language back? MR. CASALANGUIDA: It's -- the mechanism will be difficult to enforce. I think what the commission and I discussed is that as you review projects that would come forward as PUDs or land use changes, that you would use that guidance to "shall require" equal distribution to make those land use decisions. But you're correct, I couldn't force affordable housing into one community. It would be guidance for the commissioners to review land use projects that came forward under that criteria. COMMISSIONER HENNING: Well, don't you think, on getting to Commissioner Coletta -- Commissioner Fiala's point is, the board can be more restrictive than the state, is to count affordable housing by, you know, what the cost is instead of what was -- what was actually built prior? Really check our inventory. I think that would be a more prudent thing than to change this language, because that aspect -- she's been right for quite a while is -- we're not -- we're not counting all those even though -- just because government wasn't involved doesn't mean April 27, 2010 it's not out there. Can we do that instead of -- MR. CASALANGUIDA: Sure. COMMISSIONER HENNING: Okay. MR. CASALANGUIDA: We can look at -- the issue that the state will bring to us is, these are affordable housing by contract that you can't change. The market would regulate that different area. So we may show one year an area that's affordable for market price, and then the following year as the market comes up, they would jump out of that affordable housing range. So what we'd report back to the state is what we've done with development instead of, by contract, affordable. That wouldn't change. So we can provide that information to the board to look at so you can make an informed decision. But we can't guarantee those prices would stay affordable. CHAIRMAN COYLE: And the counts would change. MR. CASALANGUIDA: Exactly. CHAIRMAN COYLE: All right. Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yeah. Nick, I take it you're quoting from some sort of a study that you did? MR. CASALANGUIDA: No. We've done -- what we would do, as part of the EAR -based amendments, when we come through and do our EAR review, we look at how well we've done in placing affordable housing throughout the county. So you're going to get a copy of that report as it comes through in the year. What the commissioners brought up is that we can't count just market - priced -based affordable housing as part of that review. COMMISSIONER COLETTA: Market price, isn't that what makes affordable housing affordable? MR. CASALANGUIDA: Well, no. These are by contract. The ones that we show on our review as part of the EAR are by contract. The developers have said, we'll include so many units of -- Apri127, 2010 COMMISSIONER COLETTA: So in other words, an affordable house for -- and I guess we're taking the median average income of Collier County -- which is what, $60,000? MR. CASALANGUIDA: Yeah. I don't know the number. COMMISSIONER COLETTA: I don't know what it is today. It fluctuates all over the place -- MR. CASALANGUIDA: Right. COMMISSIONER COLETTA: -- against a house -- in other words, we could put -- they could move into what can be considered affordable, would be what, 110 -, $120,000? MR. CASALANGUIDA: Right. And like, for instance, the Estates would be a good example. You have homes right now that would be in that affordable price range, but there's no guarantee that they would stay that price through contract. COMMISSIONER COLETTA: Right. No, I understand that. And you're looking for something that's going to be capped. And I think the whole thing is very difficult. Here's the problem we've got. What is equitable? You got one district, my district, District 5, which is about 85 percent of the county. So would equitable be the same amount of affordable housing that would be in Commissioner Coyle's district? That won't work because Commissioner Coyle is built out. COMMISSIONER FIALA: Right. COMMISSIONER COLETTA: If they do anything there, they've got to do a retrofit to be able to fit it in. District 5 is probably the only place left where there will be development in the future. Am I correct, Commissioner? CHAIRMAN COYLE: You're absolutely right. COMMISSIONER COLETTA: Correct. But we don't want to do it on limerock roads, I can tell you right now. But that's the whole issue is that if we try to come up with something that's equitable, where does equitable fit into the whole Page 70 April 27, 2010 thing? That's the problem when you figure most of it's going to be going east of 951 in the future. It's inevitable. There's no other place it's going to go. COMMISSIONER FIALA: Well, if it has to go east of 951, it should at least be spread out. The problem -- and we've known this historically from other cities that we've visited, that we've lived in. When you -- when you pack it all into one area, you also create situations that are not comfortable to live in, and eventually they have to mow them all down and then distribute them equitably. And our laws did say they were supposed to be distributed equitably, not only that, but the state statutes said that. Now -- COMMISSIONER COLETTA: But I guess the whole thing is is the definition of equitable. COMMISSIONER FIALA: Well, I understand that. Do you feel that Immokalee has been distributed equitably? COMMISSIONER COLETTA: Well, I think it's been a -- in the past, more by choice to be able to try to take care of the population that exists there, and it worked quite well. I mean, in spite of the opinion of a lot, Immokalee does not have a high crime rate. COMMISSIONER FIALA: Oh, I know. COMMISSIONER COLETTA: It's a close community. COMMISSIONER FIALA: I know. COMMISSIONER COLETTA: It doesn't have a problem with the affordable housing issue, I guess because there's so much of it, you know, it's pretty acceptable. The thing is is the kind of people you have living in Immokalee are family -based people. They're not people that are moving in and out on a regular basis. They're for generations to come. COMMISSIONER FIALA: Let's get back to equitably. You asked that question. I'm just saying that if an area is already oversaturated and somebody wants to build more, would you put it in an oversaturated area or deny it? Gives you the ability to deny if you Page 71 April 27, 2010 feel that it isn't a correct location. COMMISSIONER COLETTA: Well, I think you do that PUD by PUD and what they're going to do to address it. Now, we never come up with a definitive housing policy. We've come up with some great ideas in the past, and they've been more guidelines than anything else and, of course, we put them all aside when this economy went south back about three years ago. But how do you balance something like this out? When that point in time comes you have a need for it, can I -- if it's in District 5 or District 3 or your district, doesn't matter. COMMISSIONER FIALA: Doesn't make any difference who's district. COMMISSIONER COLETTA: You weigh everything on a case -by -case basis with what's taking place. I don't know how we can get there equitably, because if all of a sudden we wanted to make it equitable, then anything new that's going out in my district -- and that's where future building's going to go -- I mean, they're talking possibly another five new townships over the next 40 years. COMMISSIONER FIALA: Should they contain any affordable housing; do you think? COMMISSIONER COLETTA: Well, they -- that's it, they should. So if you try to say one district has to have the same share as everyone else, then this -- COMMISSIONER FIALA: But we're not talking districts. COMMISSIONER COLETTA: -- means that it won't happen in District 5. COMMISSIONER FIALA: It doesn't say anything about districts. COMMISSIONER COLETTA: But it says equitable. What's the definition of equitable? COMMISSIONER FIALA: So in other words, were you aware that they'd changed this? Page 72 April 27, 2010 COMMISSIONER COLETTA: Well, now that you pointed it out, I really don't have a problem with the change because it's -- it gets to be one of those arguable type of terms which we go back and forth with continuously. Once again, we're going to come down to, what is equitable? Does it mean that one area can't have it within a certain geographic area where another one has to have it? I agree with you. But the best thing in this world, the fairest thing in this world, is to require every district, every square mile to have X number of units. We're not going to get there. COMMISSIONER FIALA: Well, you can't do that. I mean, you've got places that are already built out. That isn't the point. The point is, the point is, distribute it equitably. Now, that's the point. And obviously you don't feel that that's a good policy. The matter behind this is if, indeed, something comes before us and we feel that there's an oversaturation in one area -- and I don't say district. I never go by districts. I always feel that we work for the whole county, not by districts, and we should always work for the entire county. If we feel that it's an oversaturation of an area, then we can say no, the Growth Management Plan says distribute equitably, and this isn't. COMMISSIONER COLETTA: Well, once again, we've dealt with it with the PUDs before. We required Ave Maria and Heritage Bay to include a percentage, 15 to 20 percent, of affordable housing within their realm. In the case of Ave Maria, they were able to purchase some land just outside of there for Habitat for Humanity to offset some of the need. There're beautiful ways to get there. COMMISSIONER FIALA: Tell me why you're fighting this. What's the real reason behind it? COMMISSIONER COLETTA: I'm not fighting it. It's just that I don't want to limit these future towns in my district to have affordable housing. I want to make sure they're going to be able to have it. And I've got a feeling that this is going to be -- if we're going to use the Page 73 April 27, 2010 word equitable, somebody's going to come back to us some day and they're going to say, you know, even though that town's 20 miles away from where I live, you know, District 5 has it's more -- has over its fair share. They have the majority of it. Why are we taking more of it on? I mean, the area's so big it could be another county in itself Don't get any ideas, Commissioner Coyle. But that's the whole thing, Commissioner Fiala. It's not so much I'm trying to force something down in your district, District 1. I'm concerned about how we're going to handle the future growth and the need for affordable housing. Right now the problem is negligeable. No. It's not your turn to speak. CHAIRMAN COYLE: I don't have a button, so I can't press it. COMMISSIONER COLETTA: You can use mine. There you go. CHAIRMAN COYLE: Maybe I can propose a compromise that might solve the problem. Clearly I think the problem that Commissioner Fiala is addressing has been created not just by SHIP type housing but by the changes in value of the homes that already existed there, the fact that a lot of them were not expensive homes and have -- never have been. And if they weren't counting those things, then you are getting a higher percentage of those SHIP - funded homes that are sort of being forced in there. If we make our decisions based upon all of the affordable housing available in Collier County and we try to have the affordable housing built in areas -- in new, new PUDs, then that will provide an opportunity to make that distribution without even mentioning the equitable issue, because all the decisions we'll be making in the future will be through either PUDs or grant awards to build affordable housing. Is that not true? MR. CASALANGUIDA: That's true. CHAIRMAN COYLE: Okay. So we won't -- we can't really change much of what's already happened, but we can do this. We can Page 74 April 27, 2010 count all of the affordable housing in East Naples and everyplace else because it is absolutely ridiculous and irresponsible to count only the SHIP housing, because we have a lot of affordable housing in Collier County now. MR. CASALANGUIDA: Correct. CHAIRMAN COYLE: Okay. So let's start counting it all, and then in future PUDs we'll make our decisions based upon our need for more affordable housing, and we might find, at least for the next several years, four or five years, we won't have a need for more affordable housing so there won't be more built. So I guess that would be my proposal is that we just adopt a policy that says, we're going to count all of the affordable housing in Collier County. MR. CASALANGUIDA: We can do that. CHAIRMAN COYLE: And we will make our decisions accordingly, if -- does that make sense? MR. CASALANGUIDA: Yes, it does. It's based on income. It's a ratio between the income and the price of the -- correct. CHAIRMAN COYLE: Okay. And you've got different levels of affordable housing, so you're going to have to divide it into categories. MR. CASALANGUIDA: We can do that. CHAIRMAN COYLE: And -- it won't be as easy as it sounds, but I'm sure you can -- you can manage it. I mean, you've got two free days each week, Saturday and Sunday, so you can work it out. MR. CASALANGUIDA: We can do a snapshot study of what's out there on an annual basis. CHAIRMAN COYLE: Okay, all right. MR. CASALANGUIDA: Again, it's not going to be -- it's going to be by regions, maybe, you know, qualified to say East Naples, Naples Manor, Golden Gate City, the Estates, and say, a certain percentage is at this value, and based on income, the median income, would qualify -- people could qualify to purchase these homes, you Page 75 April 27, 2010 get a feel for what's out there. But it's not regulated like the affordable housing requirement is for a PUD. CHAIRMAN COYLE: But it exists. MR. CASALANGUIDA: But it exists? CHAIRMAN COYLE: And we would be foolish to ignore that fact. MR. CASALANGUIDA: Understood. CHAIRMAN COYLE: Okay. COMMISSIONER FIALA: Yes. The reason I -- I think the thing that bothered me the most about this change -- CHAIRMAN COYLE: We didn't know about it. COMMISSIONER FIALA: -- none of us knew. It was -- it was passed without us even knowing it was happening, and that aggravates the daylights out of me. Why not be upfront about things? That was the whole basis. But anyway, I would like it changed back so it gives us, as we vote, a leg to stand on. CHAIRMAN COYLE: County Manager, can we try to make sure that things of this nature don't occur in the future, that we -- we are apprised of changes? MR. OCHS: Yes, sir. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: Comment? CHAIRMAN COYLE: Yes, go ahead. COMMISSIONER COLETTA: It's related to this. CHAIRMAN COYLE: Go ahead. COMMISSIONER COLETTA: It has to do with the fact, am I correct in that fact that, what we're doing now is that all SHIP funds we're receiving now, almost without exception, are being dedicated for purchasing and renovating foreclosed homes, or a good part of it is? MR. OCHS: No, sir. That's a separate program. That's your Neighborhood Stabilization Program. That's federal grant money that came down last year, so -- but your SHIP money's a separate money Page 76 April 27, 2010 that's used either for housing rehabilitation or down payment assistance for income - qualified -- COMMISSIONER COLETTA: Is there any possibility that we might be able to revisit how that SHIP funds are spent? I mean, do we want to create more affordable housing when there's still some out there, to see if they can purchase the homes? I think it has to do with the 60 percent below income people that we're concerned with that might not fit into it; is that correct? Is there a possibility the SHIP funds could be dedicated to purchase foreclosed homes? And we could disperse the population of lower - income families throughout the whole community? MR. OCHS: Yes, sir. We can use SHIP in addition to NSP grant funds for purchase of foreclosed homes, if that's what the board would prefer. But we -- MS. RAMSEY: We're currently doing that. The SHIP, the way that it works right now -- and we have no money for this fiscal year. We are spending off the last allocation that we have. We've got about a million dollars left. We've got about another year, year and a half in order to spend that. But we have not been allocated new SHIP money for this fiscal year, and it doesn't look like it's coming for next fiscal year either. And what we're doing right now is, we had a long discussion not that many months ago that took it from like 15 -, $20,000 down to about $3,000. Closing costs is basically what we're covering with SHIP dollars at this moment. And if you're income qualified for the SHIP dollars, you can use them on an NSP purchased house as well. COMMISSIONER COLETTA: Thank you. CHAIRMAN COYLE: Okay. Thank you very much. COMMISSIONER FIALA: So I take it that nobody wants to change this back to the wording that it had always been? CHAIRMAN COYLE: We have three nods? (No response.) Page 77 April 27, 2010 COMMISSIONER FIALA: Okay. Thank you, fellows. I appreciate your help and cooperation. CHAIRMAN COYLE: Oh, we're going to help with you. COMMISSIONER COLETTA: I have to -- one more time. The reason I'm not going to support it is because I recognize that my district in the future is going to have to have more affordable housing. I don't want it to be eliminated from that consideration by the word equitable and no definition for equitable. So it's not trying to put something on you, Commissioner Fiala. COMMISSIONER FIALA: Okay. COMMISSIONER HENNING: Is it my turn now? CHAIRMAN COYLE: Yeah. Your light's not on, but you certainly can, yes. COMMISSIONER HENNING: I just -- under my comments, I just want to say, I had a great experience with the park ranger systems. They're very helpful, and I had a great experience. CHAIRMAN COYLE: Good, good. What did you do? COMMISSIONER HENNING: Well, I mean, it was just very helpful, the parks -- park ranger was very helpful. MR. OCHS: Thank you, sir. CHAIRMAN COYLE: That's all the comments I have, if you want to move on to another commissioner. CHAIRMAN COYLE: Okay. We'll go to Commissioner Halas. COMMISSIONER HALAS: Yes, thank you. In the Productivity Committee there was discussion about, whereby it was discussed and approved unanimously that a letter be directed to the school board, preferably Superintendent Thompson, that we would like to have someone in the management position that deals with the finances of the school board to have a seat at the table so that a discussion can be made hopefully for cost containment that could help the public perception about our stewardship of tax dollars and that we could share ideas in regards to how to address taxes here April 27, 2010 in Collier County. And I said I would bring this before the board, that either the letter would be coming from me, since it's -- I'm a representative of the Productivity Committee, or I would also throw out there that the letter could come from the Chair of the Board of County Commissioners. So this is hopefully an olive branch that we can bring the school board to sit and discuss issues and to have a big overall concept of where we're going in Collier County here with trying to meet the budget requirements for FY2011. CHAIRMAN COYLE: I think it's a good idea, and I wouldn't have any problem having it come from Commissioner Halas as the liaison to the Productivity Committee. COMMISSIONER HALAS: Okay. CHAIRMAN COYLE: Commissioner? COMMISSIONER HENNING: Well, knowing the ordinance is to ask the Productivity Committee to take a look at the county financing, why would we want a member of the school administration to have that input? Is that -- or is it that you -- we want to start telling what -- the school board what they should do with their financing? COMMISSIONER HALAS: No. This is basically to sit down and have them realize what the Productivity Committee has been working on for a number of years, and hopefully this would instill some cost - cutting measures to the school board so that they have an understanding that not only is the Board of County Commissioners, but the school board, is working towards stewardship to make sure that we're addressing their tax dollars and how they're being spent. COMMISSIONER HENNING: Addressing the school administration tax dollars that we spend? COMMISSIONER HALAS: No, sir. The tax dollars that the school board spends, and maybe it would help instill them to take under advisement that they need to do some cost - cutting measures the same as we have done here under the Board of County Page 79 April 27, 2010 Commissioners. COMMISSIONER HENNING: Okay. So we really should probably change the ordinance, the Productivity Committee, to look at school expenses? COMMISSIONER HALAS: We're just asking them to -- we're not changing any ordinance. We're just asking them to -- we'd like to have them have a seat at the table and -- so they have an understanding of the process that we're doing here, and hopefully they can take that process to the school board and hopefully look at some areas of responsibility so that all of us are basically focused on the idea that we want to make sure that we, as taxpayers, all of us, are looking very closely at how the expenditures are. CHAIRMAN COYLE: Okay. Any other questions? COMMISSIONER HALAS: Any nods on this? COMMISSIONER COLETTA: I'm sorry. Forgive me. I want to support you on it, but I really don't understand exactly what they're going to do. Could -- I would approve for it to come back under some sort of presentation with the Productivity Committee here for the next meeting. COMMISSIONER HALAS: Sure. COMMISSIONER COLETTA: I'd love to hear more on it. I really would. COMMISSIONER HALAS: Okay. I think we can do that. CHAIRMAN COYLE: All right. COMMISSIONER HALAS: Staff, we got -- is that okay with you? CHAIRMAN COYLE: We've got three nods on that one. COMMISSIONER HALAS: Okay. We'll have the chair come back and present this -- CHAIRMAN COYLE: Okay. COMMISSIONER HALAS: -- of the Productivity Committee. CHAIRMAN COYLE: Okay, good. Anything else? 99M April 27, 2010 COMMISSIONER HALAS: That's it. CHAIRMAN COYLE: Okay. How about Commissioner Coletta? COMMISSIONER COLETTA: I think I've done enough today. CHAIRMAN COYLE: You sure have. And I don't have anything, so that means we are adjourned or -- no, we're in recess until 1:30,1 believe. MR. OCHS: No, one p.m., sir. You have one advertised public hearing under 8A. CHAIRMAN COYLE: That's right. One at one o'clock, okay. Then we'll be back here promptly at one o'clock. MR. OCHS: Thank you, sir. CHAIRMAN COYLE: Thank you very much. (A luncheon recess was had.) CHAIRMAN COYLE: Ladies and gentlemen, the Board of County Commissioners' meeting is back in session. Item #8A ORDINANCE 2010 -18: PUDZ- 2007 -AR -11320 SEMBLER FAMILY PARTNERSHIP #42, REPRESENTED BY ROBERT J. MULHERE, AICP OF RWA, INC AND R. BRUCE ANDERSON, ESQUIRE, OF ROETZEL AND ANDRESS, A REZONING FROM RURAL AGRICULTURE (A) ZONING TO MIXED -USE PLANNED UNIT DEVELOPMENT (MPUD) TO BE KNOWN AS MCMULLEN MPUD. THE 19.32 ACRES RURAL AGRICULTURAL ZONED SITE IS PROPOSED TO PERMIT A MIXED -USE DEVELOPMENT. THE REZONING PETITION ALLOWS FOR A MAXIMUM OF 185,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT. THE SUBJECT PROPERTY IS GENERALLY LOCATED ONE -HALF MILE EAST OF COLLIER BOULEVARD (CR 951) ON RATTLESNAKE- HAMMOCK April 27, 2010 ROAD EXTENSION, THE SOUTH ONE -HALF OF THE SOUTHEAST ONE - QUARTER OF THE SOUTHWEST ONE - QUARTER OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA — ADOPTED MR. OCHS: Commissioners, that takes you to Item 8A on your agenda, advertised public hearings. This item has been continued from the April 13, 2010, BCC meeting. It requires that all participants be sworn in and ex parte disclosure be of provided by commission members. It's PUD -- CHAIRMAN COYLE: Okay. Would everyone who is going to be giving testimony in this hearing, please stand and raise your right to be sworn in. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN COYLE: Thank you very much. Now, Commissioners, for ex parte. We'll start with Commissioner Fiala this time. COMMISSIONER FIALA: Yes. I have the EAC staff report, the March 5th staff report, supplemental staff report from February 4, 2010, meeting with Dwight Nadeau on April 14th, and a telephone call from Dwight Nadeau on April 23rd. I've met with staff members, I've talked with Planning Commission members; and I've done some research, and I've read a whole lot of stuff. They're all here for public viewing. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: Yes, thank you. I've had -- reviewed the staff report, I've had correspondence, and just prior to us reconvening from a recess, I talked to the petitioner about any particular items, and I think everything is good to go. CHAIRMAN COYLE: Okay, thank you. And in addition to the correspondence, emails, meetings, so forth, I had at the last meeting, last hearing, I have since then merely m_ _ . April 27, 2010 reviewed staff reports. Commissioner Coletta? COMMISSIONER COLETTA: Yes, sir. Yes. I've had meetings, correspondence, talked to Mark Strain from the Planning Commission before it came before us the last time. I talked to staff numerous times about it. That concludes what I got. CHAIRMAN COYLE: Thank you. Commissioner Henning? COMMISSIONER HENNING: I have the EAC's report and Planning Commission staff s report. CHAIRMAN COYLE: Okay. Thank you very much. Commissioner Fiala, you wanted to say something? COMMISSIONER FIALA: Yes. I forgot to mention that I also met with Steve Williams, I've talked with our county attorney, Jeff Klatzkow, and I believe I met with that gentleman over there, but I'm afraid I don't remember your name. But anyway, he was in my office also. I'm sorry, I just want to make the report complete. CHAIRMAN COYLE: Okay. Thank you very much. Now, the reason this is back before us is that Commissioner Halas -- Fiala had some concerns about permitted uses in this PUD, and so could we go directly to your concerns, Commissioner Fiala, and see if they've been properly addressed? COMMISSIONER FIALA: Yes. I met with Dwight Nadeau and Steve Williams from our County Attorney's Office the day after the meeting. We discussed the -- these concerns at length. Then I guess -- I guess the two of you have met as well. And they came out with -- on Page 100 of 487 in today's agenda, they've come out with all of the stipulations prohibiting certain land uses that were of a concern to me. They're all here. They're written into the record. And with that, I would then make a motion to approve. April 27, 2010 COMMISSIONER HALAS: I'll second that. CHAIRMAN COYLE: Okay. We have a motion to approve by Commissioner Fiala, second by Commissioner Halas. MR. NADEAU: Commissioner, I do have to put one thing on the record regarding my conversation with Commissioner Coletta. CHAIRMAN COYLE: Okay. MR. NADEAU: During the discussion last time we were here, Commissioner Coletta's line of questioning was, did we follow the proper notice procedure, and how far did you notice? We did follow the proper notice procedure for the neighborhood information meeting. The distance was 500 feet, as I had initially stated. I did make statements on the record that we did send mailings beyond 951 to the west. In fact, none of those mailings went to anyone to -- west of 951; however, we did have direct communications with the Naples Lakes folks, and it was a result of those direct communications that we received correspondence which led to the -- was in -- partially led to the installation of the new prohibited uses, Section C. So I just wanted to get that on the record. CHAIRMAN COYLE: Okay. Bottom line is, did you meet the regulatory requirements for notification? MR. NADEAU: Yes, sir, we did. CHAIRMAN COYLE: Okay. All right. Good. Thank you very much. So we have a motion and a second. Are there any questions by the board or any discussion concerning the motion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. April 27, 2010 COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It is approved unanimously. MR. NADEAU: Thank you, Commissioners. CHAIRMAN COYLE: Thank you. COMMISSIONER FIALA: Now, what are you going to do? MR. OCHS: Commissioner, anybody know any good jokes? COMMISSIONER FIALA: What are we going to do till 1:30? CHAIRMAN COYLE: Commissioner Fiala has some additional correspondence and communications she wants to go through. COMMISSIONER FIALA: Oh, I'm done with you guys. CHAIRMAN COYLE: We have no other business to take care of until 1:30? MR. OCHS: I'm afraid not, sir. CHAIRMAN COYLE: Okay. Just so everybody understands, Commissioner Coletta is to blame for this. MR. OCHS: I'll drink to that. COMMISSIONER COLETTA: Point of correction, sir, is that I didn't really ask for time - certains. I said between ten and 12 noon if we could just tell people that. But by the gracious act of the Chair, he was the one that made the time - certains for me, and for that I greatly appreciate. MR. OCHS: Well, not to argue, but the note from your office said between ten and noon for the first two time - certains but didn't say that you wanted this third one between ten and 12. So given that, I didn't know how much time we'd have in the morning to get all three in. So I apologize. CHAIRMAN COYLE: Okay. Commissioner? COMMISSIONER HENNING: I have a clarification on this item. We approved the agenda this morning with the time- certains on Page 85 April 27, 2010 be here at 1:30. CHAIRMAN COYLE: Yeah, that's the problem. COMMISSIONER HENNING: I see one person on this item, and if we could maybe get some clarification. Or you don't feel comfortable -- MR. KLATZKOW: I'm not comfortable. We could conclude the item, and at 1:30 other people could show up. CHAIRMAN COYLE: Yeah. It's my understanding this thing has been solved anyway, so I don't understand why we're doing this, but nevertheless. COMMISSIONER HENNING: Just to amuse Commissioner Coletta. COMMISSIONER COLETTA: Yeah, probably. Once again, don't we get paid by the hour? COMMISSIONER HENNING: No. CHAIRMAN COYLE: Okay. Then does anybody have any business to take care of for the next 23 minutes? (No response.) CHAIRMAN COYLE: No? Then we're going to go in recess for another 23 minutes. We'll be back here at 1:30 to hear the next time - certain item. Thank you very much. (A brief recess was had.) MR. OCHS: Commissioner, you have a live mike. Item #10C REPORT ON THE USE OF THE CONCESSION, BATTING CAGES, PITCHING WALL, AND STORAGE AREA LOCATED AT MAX HASSE COMMUNITY PARK BETWEEN GOLDEN GATE AMERICAN LITTLE LEAGUE (GGALL) AND GOLDEN GATE LITTLE LEAGUE SOFTBALL (GGLLS). MOTION TO CONTINUE TO A FUTURE BCC MEETING WITH April 27, 2010 THE 3 PARTY AGREEMENT PLACED ON THE CONSENT AGENDA — APPROVED CHAIRMAN COYLE: Okay. Ladies and gentlemen, the Board of County Commissioners is back in session in time for Commissioner Coletta's time - certain item. MR. OCHS: Yes, sir, Item IOC. CHAIRMAN COYLE: IOC, that was previously 16D14. MR. OCHS: That's correct, Mr. Chairman. CHAIRMAN COYLE: Okay. COMMISSIONER COLETTA: Yeah. If we could, I'd like to cut right to the chase on this. We have a public speaker, Christy Medred (sic); is that how you pronounce it? MR. WILLIAMS: It's Keri Menard. COMMISSIONER COLETTA: MR. WILLIAMS: Keri Menard. COMMISSIONER COLETTA: Keri Menard? Okay. I wasn't even close, but it was a nice try. Okay. She needs to address -- she's the one that brought the concern forward. We just about got it resolved; however, there is some fine details that have to be worked out. Keri needs to be able to speak to us today because she won't be available if this comes back to us, which it most likely will, in June. Go ahead and we'll take it from there, then I'll make my recommendations or motion. MS. MENDARD: Well, I just have a few concerns. First off -- COMMISSIONER COLETTA: Move the mike down just a little. MS. MENDARD: Sure. I think we're at a tentative agreement, but we still don't have it on paper. And my biggest concern is that we have to get something on paper just because we're a volunteer organizations, and come September we're going to have two Page 87 April 27, 2010 completely different boards. And my fear is that if we have a verbal agreement, come September when our two new boards sit down, we're going to be right back here in front of you. I believe it should be something on a county co- sponsored agreement that allows us each to have access to the facilities at Max Hasse Park, as well as any other organization that's county co- sponsored, to have the same rights to those county facilities. That is it my biggest concern. Of course I have a concern about how long this has taken, but I think we're in the final stages of wrapping it up. I just want to work -- feel that our agreement should work through the county and not through the boys. That's my biggest concern. I was emailed an amendment to the lease for the boys that they would sign but nothing for us, and there's also issues with that amendment that I got. I guess there's a possibility of drawing up a three -way agreement, and I'm okay with that. I'd just like to see it get done as soon as possible so I can tell my parents that this is settled, because I'm still getting -- my phone still rings off the hook with parents wanting to know what's going on, volunteers wanting to know what's going on. Just stuff like that, I'd just like to see this cleared up as soon as possible. COMMISSIONER COLETTA: Yeah. So if I may, did you want to add anything to that, Jeff, before I make a motion? MR. KLATZKOW: No. What we're going to do is we're going to come up with a tri -party agreement, signed off by both the boys and the girls before it comes to you for your final sign -off, and I think everybody will be fine after that. COMMISSIONER COLETTA: When we started this whole thing on asking for the time - certain, we were hoping that we'd have an agreement in place to be able to wrap it up today. But I understand how these things are. They're always a little more involved than we thought. April 27, 2010 So I make a motion that this be continued to the next meeting and placed on the consent agenda unless there is a reason to be able -- have to pull it at that point in time, we'll deal with it. CHAIRMAN COYLE: Okay. A motion by Commissioner Coletta -- COMMISSIONER HALAS: Second. CHAIRMAN COYLE: -- to continue this item, place it on the consent agreement (sic) -- place the three -parry agreement on the consent agenda for the next meeting. MR. KLATZKOW: Yeah. I don't know if it's going to be next meeting. I've got to get both leagues to sign off on it before it comes to you. CHAIRMAN COYLE: Okay. All right. MR. KLATZKOW: As soon as we get that done, we'll come to you. CHAIRMAN COYLE: Future meeting. Okay. And it's -- COMMISSIONER HALAS: That's in my second. CHAIRMAN COYLE: -- seconded by Commissioner Halas. Any further discussion? (No response.) CHAIRMAN COYLE: All in favor of the motion, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: All opposed? (No response.) CHAIRMAN COYLE: I thought Commissioner Fiala was going to say no. April 27, 2010 COMMISSIONER FIALA: I wanted to. CHAIRMAN COYLE: Okay, yeah. Commissioner Fiala said no. COMMISSIONER COLETTA: Don't poke her with a stick, whatever you do. CHAIRMAN COYLE: You're probably never going to get anything supported out of her. COMMISSIONER COLETTA: By the way, did we -- everyone wish Commissioner Henning a happy birthday? CHAIRMAN COYLE: Happy birthday. COMMISSIONER FIALA: And Norm Feder. Today is Norm Feder's birthday. CHAIRMAN COYLE: Where was Norm Feder's cake? MR. OCHS: He had brownies, sir. He doesn't get cake anymore. CHAIRMAN COYLE: You don't offer -- you don't offer us brownies? MS. PRICE: Absolutely. There's one for each of you back here. CHAIRMAN COYLE: We always offer you brownies when we have a birthday up here. COMMISSIONER COLETTA: Happy birthday, Commissioner Henning; happy birthday, Norm Feder. COMMISSIONER HALAS: Motion to adjourn. COMMISSIONER HENNING: Second. CHAIRMAN COYLE: Are we finished? MR. OCHS: Did we check public comments? MR. MITCHELL: Yeah. MR. OCHS: Okay. Thank you. MR. MITCHELL: There aren't any. CHAIRMAN COYLE: You don't have anything else -- MR. OCHS: I don't have anything -- CHAIRMAN COYLE: -- County Manager? MR. OCHS: --no, sir. Page 90 April 27, 2010 COMMISSIONER HALAS: Motion to adjourn. CHAIRMAN COYLE: Good. There's a motion to adjourn by Commissioner Halas, second by Commissioner Henning. All in favor, please signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Thank you all, and have a good day. * ** *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 EXTENDING THE IM COLLIER JOINT VENTURE (DEVELOPER) PAYMENT OF THE SECOND HALF OF THE TRANSPORTATION IMPACT FEES OVER A FIVE YEAR PERIOD IN THE AMOUNT AND MANNER CONSISTENT WITH SECTION 74- 302(H)(5) OF THE CODE OF LAWS AND ORDINANCES, COLLIER COUNTY, FLORIDA FOR PROJECTS THAT HAVE OBTAINED A THREE YEAR COA — TO BEGIN APRIL 28. 2012 Item # 16A2 FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY FOR LOCK UP STORAGE AT IMMOKALEE ROAD — W /RELEASE OF ANY UTILITIES PERFORMANCE SECURITY Page 91 April 27, 2010 Item #16A3 RESOLUTION 2010 -81: FINAL APPROVAL OF THE ROADWAY (PUBLIC) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF LIBERTY LANDING WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS WITHIN THE PLATTED RIGHT -OF -WAY BEING MAINTAINED BY COLLIER COUNTY PURSUANT TO THE RECORDED PLAT OF LIBERTY LANDING — W /RELEASE OF THE MAINTENANCE SECURITY Item #I 6A4 SETBACK ISSUES CONCERNING THE REPLACEMENT OF A POOL SCREEN ENCLOSURE — FOR A SINGLE - FAMILY RESIDENCE AT 8923 LELY ISLAND CIRCLE Item #16A5 RESOLUTION 2010 -82: FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF AVE MARIA PHASE ONE WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIVATELY MAINTAINED — W /RELEASE OF THE MAINTENANCE SECURITY Item #16A6 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR CITY GATE COMMERCE CENTER, PHASE 1 — W /RELEASE OF ANY UTILITIES PERFORMANCE SECURITY Page 92 April 27, 2010 Item #16A7 FORWARDING THE MATTER OF THE DEFAULT OF THE IMPACT FEE DEFERRAL AGREEMENT BETWEEN COLLIER COUNTY AND CREATIVE CHOICE HOMES, XIV, LTD. FOR THE HERON COVE APARTMENTS /SADDLEBROOK VILLAGE PHASE II TO THE OFFICE OF THE COUNTY ATTORNEY TO INITIATE ANY AND ALL LEGAL ACTION INCLUDING, BUT NOT LIMITED TO, LIEN FORECLOSURE, IF NECESSARY Item #16A8 A ONE -YEAR TRAFFIC RESERVATION EXTENSION ASSOCIATED WITH THE APPROVAL OF THE TRAFFIC IMPACT STATEMENT SUBMITTED WITH THE FIESTA 3 SDP AR #11621 — EXTENDING THE TRAFFIC RESERVATION UNTIL FEBRUARY 9.2011 Item #16B1 AFTER - THE -FACT SUBMITTAL OF THE ATTACHED 2010 URBAN AND COMMUNITY FORESTRY GRANT PROGRAM BID NUMBER: RFP /DF- 09/10 -59 GRANT APPLICATION IN THE AMOUNT OF $24,500 TO THE FLORIDA DEPARTMENT OF FORESTRY (DOF) TO ACQUIRE PEN TABLET COMPUTERS, UPDATE THE EXISTING TREE INVENTORY AND TRAIN STAFF Item #16132 CONTRACT FOR ITB #10 -5432 PURCHASE AND DELIVERY Page 93 April 27, 2010 OF TURF TO MULTIPLE FIRMS FOR THE ESTIMATED ANNUAL AMOUNT OF $25000 — AWARDED TO RM ENTERPRISES OF SWF (GREENER GRASS), K.D. ENTERPRISES AND LEO'S SOD Item #16133 RESOLUTION 2010 -83: THE ACQUISITION BY GIFT OR PURCHASE OF EASEMENTS NECESSARY FOR THE CONSTRUCTION OF A REPLACEMENT BRIDGE ON WHITE BOULEVARD AND A NEW BRIDGE ON 23RD STREET SW, BOTH OVER THE GOLDEN GATE MAIN CANAL, TOGETHER WITH RELATED ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS FOR THE ACCELERATED BRIDGE CONSTRUCTION PILOT PROJECT. (TRANSPORTATION BRIDGE PROGRAM PROJECT NO. 66066.) ESTIMATED FISCAL IMPACT: $450,000 Item #16134 A WORK ORDER FOR A CONSTRUCTION PROJECT TO BETTER ROADS, INC. FOR THE VANDERBILT BEACH ROAD ROADWAY IMPROVEMENTS IN THE AMOUNT OF $505,554.96, CONTRACT NO. 09 -5197, PROJECT NO. 66065 — FOR ADDITIONAL LANES BETWEEN AIRPORT- PULLING ROAD AND BAY LAUREL BOULEVARD (PELICAN MARSH) Item #16B5 AWARD RFP #10 -5402 AND AGREEMENT BETWEEN COLLIER COUNTY AND CAMP DRESSER MCKEE, INC. (CDM) TO BEGIN THE IMPLEMENTATION OF THE April 27, 2010 IMMOKALEE STORMWATER MASTER PLAN IN THE AMOUNT OF $413,946 — IMPROVEMENTS MADE TO THE FOLLOWING AREAS: MADISON DITCH, SLOUGH CONVEYANCE, LAKE TRAFFORD AND FISH CREEK, IMMOKALEE DRIVE AND DOWNTOWN IMMOKALEE Item # 16C 1 A WORK ORDER TO DOUGLAS N. HIGGINS, INC. IN THE AMOUNT OF $245,840 FOR CONSTRUCTION OF THE MASTER PUMP STATION (MPS) 104 RECLAIMED WATER SUPPLY, PROJECT #72549 — TO FLUSH WASTEWATER FROM THE FORCE MAINS CONNECTING TO MPS 104 WHEN THEY ARE NOT BEING USED TO CARRY WASTEWATER BETWEEN THE NORTH AND SOUTH WASTEWATER SYSTEMS Item #16C2 AWARD CONTRACT #10 -5444, FEMA ACCEPTABLE MONITORING OF DISASTER GENERATED DEBRIS MANAGEMENT TO THREE (3) FIRMS. ANNUAL COST WILL BE DEPENDENT ON THE NUMBER AND SEVERITY OF THE DISASTER EVENTS ELIGIBLE FOR FEMA REIMBURSEMENT DURING THE FISCAL YEAR — AWARDED TO O'BRIAN'S RESPONSE MANAGEMENT, INC (PRIMARY), BECK DISASTER RECOVERY, INC (SECONDARY) AND METRIC ENGINEERING, INC (TERTIARY) Item # 16D 1 AN INCREASE IN THE SUMMER FOOD SERVICE PROGRAM Page 95 April 27, 2010 GRANT IN THE AMOUNT OF $4019700 FOR FY 2009 -2010 AND THE NECESSARY BUDGET AMENDMENTS Item #16D2 CONTRACT AMENDMENTS BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE AREA AGENCY ON AGING OF SOUTHWEST FLORIDA, INC., AND A BUDGET AMENDMENT WHICH REFLECTS ADDITIONAL GRANT FUNDING IN THE AMOUNT OF $601000 FOR THE COMMUNITY CARE FOR THE ELDERLY PROGRAM, AND AN INCREASE OF $5,000 FOR THE HOME CARE FOR THE ELDERLY PROGRAM FOR FYI — TO EXPEND THE FUNDS PRIOR TO JUNE 30. 2010 Item #16D3 AN AMENDED NEIGHBORHOOD STABILIZATION PROGRAM SUBSTANTIAL AMENDMENT INCREASING THE NUMBER OF ELIGIBLE TARGET AREAS AND SUBMISSION OF THE REVISED SUBSTANTIAL AMENDMENT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT — AS DETAILED IN THE EXECUTIVE SUMMARY Item #I 6D4 AN AGREEMENT WITH THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY FOR TRANSPORTING SCHOOL -AGE RECREATION PROGRAM PARTICIPANTS AT AN ESTIMATED COST OF $63,000 — PROVIDING DRIVERS AND BUSES AT A RATE OF $23.50 PER HOUR PLUS $2.30 PER MILE April 27, 2010 Item #16D5 SIGNING OF SIGNATURE AUTHORITY FORMS FOR DISASTER RECOVERY INITIATIVE AGREEMENTS #07DB -3V- 09- 21- 01 -ZO1 AND #08DB- D3- 09- 21- 01 -A03 BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY. THESE FORMS WILL UPDATE COLLIER COUNTY'S CURRENT CHAIRMAN FOR ADMINISTRATION OF THE DISASTER RECOVERY INITIATIVE Item #16D6 A CONTRACT AMENDMENT WITH THE AREA AGENCY ON AGING OF SOUTHWEST FLORIDA, INC. AMENDING THE COMMUNITY CARE FOR THE ELDERLY (CCE) GRANT VENDOR RATE SUMMARY — TO INCLUDE COMPANION SERVICES, ENHANCED CHORE FOR HEAVY -DUTY CLEANING AND 24 -HOUR EMERGENCY FACILITY RESPITE Item #16D7 THREE (3) LIEN AGREEMENTS FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS LOCATED IN COLLIER COUNTY. TRANSFERING PREVIOUSLY APPROVED DEFERRAL AGREEMENTS FROM DEVELOPER TO OWNER OCCUPANTS WITH A CONTINUING FISCAL IMPACT OF $59,615.46 — FOR LIBERTY LANDING LOTS 119 AND 120 AND NAPLES MANOR LAKE LOT 16, BLOCK 14 Item #16D8 Page 97 April 27, 2010 AWARD BID #10 -5418 FOR A PRODUCTION WELL FOR THE IMMOKALEE SPORTS COMPLEX SWIMMING POOL TO HAUSINGER & ASSOCIATES, INC. IN THE AMOUNT OF $70,000 AND THE NECESSARY BUDGET AMENDMENT — THE CURRENT SUPPLY WELL THAT PROVIDES WATER TO THE HEATERS HAS FAILED AND REQUIRES REPLACEMENT Item #16D9 A MODIFICATION TO DISASTER RECOVERY INITIATIVE AGREEMENT #07DB- 3V- 09- 21- 01 -ZO1 BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY. THIS MODIFICATION WILL UPDATE THE CURRENT PROJECT WORK SCHEDULES AND EXTEND THE GRANT PERIODS — TO FACILITATE EXPENDING AND DRAWING DOWN REMAINING FUNDS Item # 16D 10 THREE (3) GRANT AGREEMENTS ACCEPTING THE CONTINUUM OF CARE HOMELESS ASSISTANCE GRANT AWARD FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) TOTALING $330,761 AND THE ASSOCIATED BUDGET AMENDMENTS RECOGNIZING THE FUNDING ASSOCIATED WITH THIS AWARD — BENEFITING THE SHELTER FOR ABUSED WOMEN AND CHILDREN, THE ST. MATTHEW'S HOUSE AND THE HOMELESS MANAGEMENT INFORMATION SYSTEM (HMIS) Item #16D1 I April 27, 2010 RESOLUTION 2010 -84: THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM LOCAL HOUSING ASSISTANCE PLAN FOR FISCAL YEARS 2010/2011, 2011/2012 AND 2012/2013, PURSUANT TO SECTION 420.9075, F.S. AND CHAPTER 67- 37.005(1), F.A.C., THE CHAIRMAN TO SIGN ASSOCIATED DOCUMENTS, AND SUBMISSION TO THE FLORIDA HOUSING FINANCE CORPORATION — FOUR STRATEGIES OF THE PLAN ARE PURCHASE ASSISTANCE, OWNER - OCCUPIED REHABILITATION, ACQUISITION WITH REDEVELOPMENT /REHABILITATION AND DISASTER Item #16D12 WAIVING FORMAL COMPETITION AND EXECUTING CONTRACT #10 -5486 CLIENTTRACK SUBSCRIPTION AGREEMENT IN ORDER TO ADMINISTER THE HOMELESS MANAGEMENT INFORMATION SYSTEM (HMIS) — THE SOFTWARE IS CURRENTLY UTILIZED BY TWELVE LOCAL NOT FOR PROFIT AGENCIES Item #16D13 THE SATISFACTION OF MORTGAGE FOR AN OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNIT THAT HAS SATISFIED THE TERMS OF ASSISTANCE PROVIDED — PROPERTY LOCATED IN GOLDEN GATE ESTATES. UNIT 19 Item #16D14 — Moved to Item #IOC (Per Agenda Change Sheet) Item #16D15 April 27, 2010 RESOLUTION 2010 -85: ADOPTING THE COLLIER COUNTY ONE YEAR ACTION PLAN FOR FY 2010 - 2011 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME), AND EMERGENCY SHELTER GRANT (ESG) PROGRAMS AND THE APPROVED RESOLUTION AND STANDARD CONTRACT TEMPLATES, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATIONS, SF 424 APPLICATION FOR FEDERAL ASSISTANCE, AND TRANSMITTAL TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). (THE FY2010 -2011 ACTION PLAN, AND ASSOCIATED BACK -UP MATERIALS ARE AVAILABLE IN THE COUNTY MANAGER'S OFFICE. DUE TO THE SIZE THEY ARE NOT BEING PRINTED.) Item #16D16 COLLIER COUNTY'S REQUEST THAT THE U.S. NAVY PUT THE USS GEORGE PHILIP ON DONATION HOLD FOR COLLIER COUNTY FOR DEPLOYMENT AS AN ARTIFICIAL REEF AND A LETTER OF SUPPORT — THE SHIP IS A 455 - FOOT LONG, 45 -FOOT WIDE OLIVER HAZARD PERRY CLASS NAVY SHIP, CURRENTLY IN RESERVE AT THE NAVAL INACTIVE SHIPS MAINTENANCE FACILITY IN BREMERTON. WA Item #16E1 RECOGNIZING FINGERPRINTING AND FDLE BACKGROUND CHECK REVENUES IN THE AMOUNT OF $8,013.28 AND SPECIAL SERVICES REVENUES IN THE AMOUNT OF $1139116.69 AND ALL NECESSARY FISCAL YEAR 2010 Page 100 April 27, 2010 BUDGET AMENDMENTS — FOR SECURITY SERVICES, BACKGROUND CHECKS AND SPECIAL SERVICES FOR BUILDING MAINTENANCE THAT FACILITIES MANAGEMENT PROVIDES Item #I 6E2 THE PURCHASE OF GROUP LIFE, LONG TERM DISABILITY, SHORT TERM DISABILITY ADMINISTRATION SERVICES, AND ACCIDENTAL DEATH INSURANCE IN THE AMOUNT OF $1,177,154 WHICH EQUATES TO A REDUCTION OF 22.89% AND ANY APPLICATIONS OR OTHER DOCUMENTS NECESSARY TO BIND COVERAGE AND SERVICES Item #16E3 AN AGREEMENT FOR SALE AND PURCHASE WITH THOMAS F. MURPHY AND ROSEMARIE MURPHY FOR 1.0 ACRE UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $341175 — FOLIO #61731240000, TO BE PART OF THE NANCY PAYTON PRESERVE Item #16E4 TERMINATING THE AGREEMENT FOR SALE AND PURCHASE WITH THEODORE W. ROMAK FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM AT NO ADDITIONAL COST TO THE COUNTY — DUE TO OUTSTANDING LIENS ON THE PROPERTY Item #16E5 Page 101 April 27, 2010 REQUEST FROM THE CHILDREN'S MUSEUM OF NAPLES TO TERMINATE THE SUBRECIPIENT AGREEMENT THAT WAS INTENDED TO PROVIDE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG) FUNDING IN THE AMOUNT OF $25000 FOR ENERGY SAVINGS AND RENEWABLE ENERGY PROJECT AND REALLOCATING THE FUNDING AS NECESSARY — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16E6 AWARD BID #10 -5384, COMMUNICATIONS SERVICES, TO FIBER SOLUTIONS OF SOUTHWEST FLORIDA, INC. AND AZTEK COMMUNICATIONS OF SOUTH FLORIDA, INC. IN THE ESTIMATED ANNUAL AMOUNT OF $2001000 — FOR INSTALLATION AND MAINTENANCE OF THE COUNTY'S VOICE AND DATA CABLING INFRASTRUCTURE Item #16E7 THE CHAIRMAN TO SIGN, THE DOCUMENTS REQUIRED TO INSTALL A FENCE ALONG THE SOUTHERN BOUNDARY OF THE RAILHEAD SCRUB PRESERVE TO DETER VEHICLE TRESPASS AND ILLEGAL DUMPING — WITH A RECORDING COST OF $36.20 Item #16E8 A SECOND AMENDMENT TO AGREEMENT FOR SALE AND PURCHASE (AMENDMENT) WITH RICHARD F. BERMAN Page 102 April 27, 2010 FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM AT NO ADDITIONAL COST TO THE COUNTY — LOCATED WITHIN THE RED MAPLE SWAMP PRESERVE MULTI - PARCEL PROJECT Item #16E9 CHANGE ORDER NO. 1 TO PURCHASE ORDER #4500113459 UNDER CONTRACT NUMBER 09 -5121 WITH AZTEK COMMUNICATIONS FOR OIL WELL ROAD FIBER CONSTRUCTION IN THE AMOUNT OF $104,306 — DUE TO THE OMISSION OF THE SEGMENT OF FIBER ASSOCIATED WITH THE INTERSECTION (TURN LANE) WITH EVERGLADES BLVD FROM THE ORIGINAL QUOTE Item #16E10 — Moved to Item #1OD (Per Agenda Change Sheet) Item #161`1 THE MERGER OF THE TRANSPORTATION SERVICES DIVISION AND THE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION INTO THE GROWTH MANAGEMENT DIVISION — DUE TO THE CURRENT ECONOMIC DOWNTURN AND REEVALUATING OF BUSINESS PROCESSES Item #16F2 RESOLUTION 2010 -86: AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2009 -10 ADOPTED BUDGET — BA #10 -225 Page 103 April 27, 2010 Item #16G1 THE CREATION AND FUNDING OF A FULL TIME EMPLOYEE (FTE) POSITION ( BAYSHORE BEAUTIFICATION MSTU PROJECT MANAGER PAY GRADE 22) FOR THE BAYSHORE /GATEWAY TRIANGLE AREA IN FY10; A FUND 187 AND FUND 163 FYI BUDGET AMENDMENT FOR THE POSITION; AND THE EXECUTIVE DIRECTOR TO ADVERTISE THE POSITION AS AN INTERNAL TRANSFER FOR APPLICANTS FROM THE COUNTY MANAGER AGENCY AND HIRE A QUALIFIED APPLICANT — TO PROVIDE ADMINISTRATIVE SUPPORT FOR ANTICIPATED WORK LOAD AND PLANNED PROJECTS Item # 16H 1 COMMISSIONER HENNING'S REQUEST FOR REIMBURSEMENT TO ATTEND AN EVENT SERVING A VALID PUBLIC PURPOSE. HE WILL BE ATTENDING THE ECONOMIC DEVELOPMENT COUNCIL PROJECT INNOVATION AT NAPLES COMMUNITY HOSPITAL - TELFORD EDUCATION BUILDING 350 7TH STREET NORTH - FEATURING JACKSON LABORATORY ON THURSDAY, APRIL 29, 2010. $20.00 TO BE PAID FROM COMMISSIONER HENNING'S TRAVEL BUDGET — LOCATED AT (NCH) 350 7TH STREET NORTH Item #161-12 COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A Page 104 April 27, 2010 VALID PUBLIC PURPOSE. ATTENDED THE GORDON RIVER GREENWAY - SOUTHWEST FLORIDA LAND PRESERVATION TRUST RECEPTION ON APRIL 15, 2010 IN NAPLES, FL. $25.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET — HELD AT A PRIVATE HOME IN PINE RIDGE Item #16H3 COMMISSIONER COLETTA'S REQUEST FOR REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED THE EASTERN COLLIER CHAMBER OF COMMERCE MONTHLY BREAKFAST MEETING ON FEBRUARY 3, 2010 AT 506 1 STREET SOUTH IN IMMOKALEE, FL. $15.00 TO BE PAID FROM COMMISSIONER COLETTA TRAVEL BUDGET Item #16H4 COMMISSIONER COLETTA'S REQUEST FOR REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED THE SOUTHWEST FLORIDA COUNCIL, BOY SCOUTS OF AMERICA, ADULT RECOGNITION DINNER EVENT ON MARCH 2, 2010 AT 1310 SATURNIA GRANDE DRIVE IN NAPLES, FL. $26.00 TO BE PAID FROM COMMISSIONER COLETTA TRAVEL BUDGET — HELD IN THE SATURNIA LAKES CLUBHOUSE Item #16H5 COMMISSIONER COLETTA'S REQUEST FOR Page 105 April 27, 2010 REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED THE EASTERN COLLIER CHAMBER OF COMMERCE MONTHLY BREAKFAST MEETING ON MARCH 3, 2010 AT 506 1 STREET SOUTH IN IMMOKALEE, FL. $15.00 TO BE PAID FROM COMMISSIONER COLETTA TRAVEL BUDGET Item #16H6 COMMISSIONER COLETTA'S REQUEST FOR REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED THE ECONOMIC DEVELOPMENT COUNCIL PROJECT INNOVATION PROGRAM ON MARCH 25, 2010 AT NAPLES HILTON - 511 TAMIAMI TRAIL IN NAPLES, FL. $20.00 TO BE PAID FROM COMMISSIONER COLETTA TRAVEL BUDGET Item #161-17 COMMISSIONER COLETTA'S REQUEST FOR REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED THE ECONOMIC DEVELOPMENT COUNCIL - APRIL INVESTOR LUNCHEON MEETING ON APRIL 6, 2010, 1200 IMMOKALEE ROAD IN NAPLES, FL. $20.00 TO BE PAID FROM COMMISSIONER COLETTA TRAVEL BUDGET Item #16H8 COMMISSIONER COLETTA'S REQUEST FOR li April 27, 2010 REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED THE EASTERN COLLIER CHAMBER OF COMMERCE MONTHLY BREAKFAST MEETING ON APRIL 7, 2010 AT 506 1 STREET SOUTH IN IMMOKALEE, FL. $15.00 TO BE PAID FROM COMMISSIONER COLETTA TRAVEL BUDGET Item #16H9 COMMISSIONER COLETTA'S REQUEST FOR REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. HE WILL ATTEND THE GOLDEN GATE ANNUAL CITIZEN OF THE YEAR BANQUET ON MAY 6, 2010 AT VANDERBILT COUNTRY CLUB - 1514 EAGLE BLVD S., NAPLES, FL. $30.00 TO BE PAID FROM COMMISSIONER COLETTA TRAVEL BUDGET Item #16I1 MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page 107 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE, April 27, 2010 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: 1) Bayshore Beautification MSTU Advisory Committee: Minutes of April 8, 2009; June 10, 2009. 2) Bayshore /Gateway Triangle Local Redevelopment Advisory Board: Minutes of December 1, 2009; January 5, 2010; February 2, 2010. 3) Collier County Planning Commission: Minutes of February 16, 2010 special session; February 18, 2010; February 26, 2010 special session; March 4, 2010 special session; March 10, 2010 special session. 4) Golden Gate Beautification Advisory Committee: Agenda of February 9, 2010; March 9, 2010. Minutes of February 9, 2010; March 9, 2010 — no quorum. 5) Hispanic Affairs Advisory Board: Minutes of November 19, 2009; January 28, 2010; February 25, 2010 — no quorum. 6) Parks and Recreation Advisory Board: Minutes of February 18, 2010. B. Other: 1) Public Safety Coordinating Council: Minutes of December 10, 2009. April 27, 2010 Item #16J1 BUDGET AMENDMENT FOR THE 911 MICROWAVE CIRCUITS GRANT, #5- 08- 07 -31, ON BEHALF OF THE COLLIER COUNTY SHERIFF'S OFFICE — IN ORDER TO FINALIZE THE CLOSEOUT OF THE GRANT Item #16J2 THE FOURTEENTH YEAR SCAAP LETTER DELEGATING AUTHORITY TO SHERIFF KEVIN RAMBOSK TO BE THE OFFICIAL GRANT APPLICANT AND CONTACT PERSON, OR HIS DESIGNEE, AND TO RECEIVE AND EXPEND THE PAYMENT OF FOURTEENTH YEAR STATE CRIMINAL ALIEN ASSISTANCE PROGRAM ( SCAAP) GRANT FUNDS Item #16J3 DISBURSEMENTS FOR THE PERIOD OF APRIL 3, 2010 THROUGH APRIL 9, 2010 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J4 THE RANKING OF FIRMS FOR RFP # 09 -5270 ANNUAL AUDIT SERVICES AND CONTRACT NEGOTIATIONS IN ACCORDANCE WITH STATE STATUTE — ERNST & YOUNG (FIRST), CHERRY BEKAERT & HOLLAND (SECOND) AND KPMG (THIRD) Item #16J5 April 27, 2010 CAPITAL ASSET DISPOSITION RECORDS FOR TIME PERIOD JANUARY 1, 2010 THROUGH MARCH 31, 2010 — ALSO INCLUDES 6 PIECES OF UNACCOUNTED FOR PROPERTY THAT HAS BEEN MISSING FOR TWO INVENTORY CYCLES Item #16J6 DISBURSEMENTS FOR THE PERIOD OF APRIL 10, 2010 THROUGH APRIL 16, 2010 AND FOR THE SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J7 PURSUANT TO FLORIDA STATUTE 318.18(13)(B) THE CLERK OF THE CIRCUIT COURT IS REQUIRED TO FILE THE AMOUNT OF TRAFFIC INFRACTION SURCHARGES COLLECTED UNDER FLORIDA STATUTE 318.18(13)(A)(1) WITH THE BOARD OF COUNTY COMMISSIONERS Item #16K1 INITIATING FORECLOSURE PROCEEDINGS PURSUANT TO SECTION 162.09, FLORIDA STATUTES, IN RELATION TO TWENTY -TWO (22) CODE ENFORCEMENT LIENS, ARISING FROM CODE ENFORCEMENT SPECIAL MAGISTRATE CASES LISTED HEREIN, ALL OF WHICH ARE ENTITLED BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA VS. HENRY TESNO AND JILL WEAVER — FOR LIENS TOTALING $878.341.91 FOR THE PAST 10 YEARS Item #16K2 April 27, 2010 RESOLUTION 2010 -87: LIMITING REPETITIVE PUBLIC PETITIONS AND COMMENTS Item #16K3 A SETTLEMENT AGREEMENT THAT WOULD PAY THE COUNTY $210,000 IN THE LAWSUIT STYLED COLLIER COUNTY AND COLLIER COUNTY WATER & SEWER DISTRICT V. FOCUS ENGINEERING, INC. FILED IN THE TWENTIETH JUDICIAL COURT IN AND FOR COLLIER COUNTY FLORIDA. CASE NO. 06- 0312 -CA Item #17A RESOLUTION 2010 -88: DESIGNATING THE CLOSE -OUT OF TWELVE (12) ADOPTED PLANNED UNIT DEVELOPMENTS (PUDS) WHICH HAVE FULLY COMPLETED DEVELOPMENT PURSUANT TO THEIR DEVELOPMENT ORDERS CONSTRUCTING UP TO THE AUTHORIZED DENSITY AND /OR INTENSITY AND HAVE BEEN FOUND BY COUNTY STAFF TO BE COMPLIANT WITH THEIR SPECIFIC DEVELOPER COMMITMENTS Item #17B RESOLUTION 2010 -89: DESIGNATING THE CLOSE -OUT OF THREE (3) ADOPTED PLANNED UNIT DEVELOPMENTS (PUDS) WHICH HAVE FULLY COMPLETED THEIR DEVELOPMENTS PURSUANT TO THEIR DEVELOPMENT ORDERS CONSTRUCTED UP TO THE AUTHORIZED DENSITY AND /OR INTENSITY AND HAVE BEEN FOUND BY COUNTY STAFF TO HAVE ONLY ONE TRANSPORTATION Page 110 April 27, 2010 COMMITMENT REMAINING WHICH WILL BE TRACKED THROUGH THE COMMITMENT TRACKING SYSTEM Item #17C RESOLUTION 2010 -90: AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2009 -10 ADOPTED BUDGET — BA #10-185, # 10 -213, #10-2111 #10-10-204 AND #10- 187 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1:38 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS /EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL FRED COYLE, Chairman ATTEST DW1 - ft ".B: "BROCK, CLERK i Jot ` These min ut approved by the Board on 5 2S t o , as presented or as corrected Page 111