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BCC Minutes 07/27/2004 R July 27, 2004 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, July 27, 2004 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: Donna Fiala Frank Halas Tom Henning Jim Coletta ALSO PRESENT: Jim Mudd, County Manager David Weigel, County Attorney Jim Mitchell, Office of the Clerk of Courts 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ 1IIÌ:, AGENDA July 27,2004 9:00 AM Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice-Chairman, District 4 Frank Halas, Commissioner, District 2 Tom Henning, Commissioner, District 3 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED 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." 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 1 July 27, 2004 OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. 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) 774-8380; 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 Craig Canfield, Eagle's Nest Worship Center 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. June 8, 2004 - BCC/Regular Meeting C. June 22, 2004 - BCC/Regular Meeting D. June 29, 2004 - BCC/Special Meeting E. June 29,2004 - BCC/Budget Hearing F. June 30, 2004 - BCC/Budget Hearing 3. SERVICE AWARDS 4. PROCLAMATIONS 2 July 27,2004 A. Proclamation to recognize August 3rd, 2004 as National Night Out In Collier County. To be accepted by Corporal Ray Erickson, Crime Prevention Unit of Collier County. 5. PRESENTATIONS A. Presentation by the United States Coast Guard Auxiliary to the Collier County Emergency Department and Collier County Citizen Corps for the tremendous assistance in helping volunteer organizations promote the goals and missions of the United States Coast Guard Auxiliary throughout Collier County. To be accepted by Jim V onRinteln, Collier County Emergency Management. B. Award to Sharon Downey, RSVP Project Director, for the Helen K. Fallert A ward for Exemplary services to the elderly in Southwest Florida. Presented by Leigh Wade, Executive Director, Senior Solutions, Inc. 6. PUBLIC PETITIONS A. Public Petition Request by Patrick J. Lee to discuss air show to be held at the Immokalee Airport in 2005. B. Public Petition Request by Del Ackerman to discuss painting standards relating to Del's 24-Hour Store on Bayshore Road. C. Public Petition Request by Herman Haeger to discuss operational costs imposed by Collier County Code Enforcement Board. D. Public Petition Request by David E. Bryant to discuss Lely Community Development District/Security Resolution. 7. BOARD OF ZONING APPEALS A. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. V A-2004-AR-5798, Richard Rundle, representing Jim and Connie Adams, requesting two variances from PUD Ordinance 82-80, Imperial West PUD for a proposed single-family residential structure: a 1.8 foot variance from the required 20 feet 3 July 27, 2004 separation between principle structures or one half (1 /2) the sum of the heights of the adjacent structures, which ever is greater, to 18.2 feet on the east side of Lot 46 Park Place West and a four foot variance from the required 20 foot separation to 16 feet on the west side of Lot 46. The property to be considered for the Variance is located at 1155 Imperial Drive, further described as the Lot 46, Park Place West, in Section 15, Township 48 South, Range 25 East, Collier County, Florida 8. ADVERTISED PUBLIC HEARINGS A. This is a companion item to 10J. This item is continued from June 22, 2004. Public Hearing to consider adoption of an Ordinance establishing The Quarry Community Development District (CDD) pursuant to section 190.005, Florida Statutes (F.S.). B. This item to he heard at 3:00 p.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommend that the Collier County Board of County Commissioners (BCC) approve a resolution adopting the seven year Evaluation and Appraisal Report (EAR) of the Collier County Growth Management Plan for transmittal to the Department of Community Affairs (DCA) for sufficiency review according to the procedures and criteria outlined in Section 163.3191, Florida Statutes, Evaluation and Appraisal of Comprehensive Plan. C. Petitioner has requested that this item he continued indefinitely. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ-2003-AR-4250: Golden Gate Fire Control and Rescue District and Waterways Joint Venture IV, represented by Karen Bishop, ofPMS, Inc. of Naples, and Richard D. Y ovanovich, of Goodlette, Coleman and Johnson, P.A., requesting a rezone from the Rural Agricultural (A) zoning district to the Mixed Planned Unit Development (MPUD) zoning district, to allow development of a fire station with a 135-foot high communication tower and a 75-foot high training facility, and sixteen (16) single-family attached dwellings (including townhouses intended for fee simple conveyance including the platted lot associated with the residence) and customary accessory uses. Property is located on the west side of Collier Boulevard (C.R. 951), approximately 340 feet north of Wolfe Road, in Section 34, Township 48 South, Range 26 East, Collier County, Florida, consisting of 9.3 8± acres. 4 July 27, 2004 D. Recommendation for the adoption of a Resolution applying the Annual Mid-Cycle Indexing adjustments to amend the Parks and Recreational Facilities Impact Fee rate schedule, which is Schedule Three of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (Collier County Consolidated Impact Fee Ordinance No. 2001-13, as amended); providing for an effective date of August 2,2004 E. Documents for this item are available for review in the Zoning and Land Review Department (see Russell Webb). Recommendation to approve an ordinance amending the County's recently recodified Land Development Code (LDC aka UDC) to correct scrivener's errors prior to final publication and to amend existing and still effective LDC provisions pertaining to political signs and charitable solicitations in road rights-of-way. F. Documents for this item are available for review in the Zoning and Land Review Department (see Russell Webb). Recommendation to approve an ordinance amending the County's Code of Laws and Ordinances (Code or Code of Laws) to relocate existing Land Development Code (LDC) provisions into the Code of Laws, to amend existing Code of Laws Provisions pertaining to the SHIP Program, and to delete duplicative code provisions no longer required. G. Petitioner has requested that this item he continued indefinitely. Petition SNR-2003-AR-4982, Bill L. Neal, representing Bayshore Beautification Municipal Special Taxing Unit, requesting a street name change from Bayshore Drive to Botanical Garden Parkway, located in Sections 11, 14, 23 & 26, Township 50 South, Range 25 East. 9. BOARD OF COUNTY COMMISSIONERS A. Discussion regarding Status Report from the Collier County Citizens Corps. (Commissioner Coletta request) B. Appointment of members to the Community Character/Smart Growth Advisory Committee. C. Discussion regarding land development restrictions in Plantation Island. (Commissioner Coletta's request.) 10. COUNTY MANAGER'S REPORT 5 July 27, 2004 A. Recommendation that the Board adopt the proposed FY 2005 Millage Rates B. It is recommended this item he continued to the Septemher 14,2004 BCC Meeting. Recommendation to review a proposal from Southwest Heritage Inc., to lease the Naples Depot as a branch facility of the Collier County Museum. (Marla Ramsey, Interim Administrator, Public Services) C. That the BCC approve the MPO's FY 2004/05 operating budget in the amount of$701,230 and all associated future budget amendments to a maximum amount of $1 ,324,934. (Norman Feder, Administrator, Transportation Services) D. Recommendation to consider a request from the developer of Ave Maria University to expand the limits of the County's FEMA-related Base Flood Elevation study, being done by Tomasello Consulting Engineers, to include the Fakahatchee Strand Drainage Basin, which is where the AVE MARIA Stewardship Community District is situated. (Joe Schmitt, Administrator, Community Development) E. Recommendation to approve the Agreement for Haldeman Creek Disposal with Lakeview Drive of Naples, LCC, a Florida Limited Liability Company. (Norman Feder, Transportation Administrator) F. This is a companion item to Item lOG. This item to he heard at 1:00 p.m. Recommendation to award a construction contract in the amount of $32,999,885 to Magnum Construction Management Corp. d/b/a MCM Corp. and reserve $2,397,500 in funding allowances to construct 6-lane road improvements and a grade separated overpass on Golden Gate Parkway generally between Airport-Pulling Road and Livingston Road, Project No. 60006, Bid No. 04-3653, Fiscal Impact $35,397,385. (Norman Feder, Administrator, Transportation Services) G. This item to he heard immediately following Item 10F. Recommendation to Approve Selection of Qualified Firm and Award a Contract Under ITQ 04-3583 "CEI Services for Collier County Road Projects" for Project No. 60006 "Golden Gate Parkway Grade Separated Overpass and Appurtenances, Bear's Paw to Livingston Road" in the amount of $2,367,811.00 (Norman Feder, Transportation Division, Administrator) 6 July 27,2004 H. This is a companion item to Item 101. Recommendation to award a construction contract in the amount of$35,379,910.53 to APAC-Southeast, Inc. and reserve $2,225,000 in funding allowances to construct road and utility improvements on Vanderbilt Beach Road, from Airport-Pulling Road to just east of Collier Boulevard; Project No. 63051; Bid No. 04-3675; Fiscal Impact $37,604,910.53 (Norman Feder, Administrator, Transportation Services) I. This item to he heard immediately following Item 10H. Recommendation to Approve Selection of Qualified Firm and Award a Contract Under ITQ 04-3583 "CEI Services for Collier County Road Projects" for Project No. 63051 "Vanderbilt Beach Road Six-Laning Project from Airport Road to Collier Boulevard" in the amount of $2,074,542.00. J. This is a companion item to 8A. Recommendation to obtain Board approval of a Developer Contribution Agreement between Bayvest, LLC, and Centex Homes (collectively the "Developer"), and the County, with respect to the Heritage Bay Development. THE Agreement: (1) implements certain impact fee credits set forth in a PUD Document and DRI Development Order, which were respectively approved by the County on July 29, 2003, INCLUDING REQUIRING the Developer to pay to the County within 45 days of the date of the Agreement the first $5,000,000.00 of the Heritage Bay road impact fees; (2) supplements the PUD, in that with respect to the southern boundary of the property adjacent to Immokalee Road, and 1.5 MILES OF the western boundary of the property adjacent to the Collier Boulevard planned extension, instead of separate sidewalks and bike lanes as required by Section 3.2.8.3.17 of the LDC, Developer shall construct a ten-foot asphalt greenway type path, OR MAKE PAYMENT TO THE COUNTY IN LIEU OF SUCH CONSTRUCTION; AND (4) further memorializes a number of Developer commitments previously made in the PUD. (Norman Feder, Administrator, Transportation Services) K. Recommendation to approve Professional Services Agreement No.04- 3553 in the amount of $2,264,000 with CH2MHILL, Inc., for the design of Collier Boulevard improvements from US41 to Davis Boulevard, Project No. 60001. L. Recommendation to award "Annual Contract for Manhole and Lift 7 July 27,2004 Station Rehabilitation Contracting Services" to selected firms, Bid 04- 3660, Project 73051 for $2,588,397.00. M. Recommendation to award to Diversified Drilling Corporation, Bid No. 04-3663, North County Regional Water Treatment Plant Water Supply Wells - Well Drilling Services up to an amount not to exceed $3,207,613; Projects 710061 and 710111. N. Recommendation to approve the award of Bid #04-3670 in the amount of$3,275,650 for a Construction Contract with DeAngelis Diamond Construction, Inc. for the construction of the North Naples Government Services Center and to approve a Budget Amendment for $746,274. O. Request for the Board of County Commissioners to terminate a contract for the construction of the South County Regional Water Treatment Plant (Contract 01-3194). (Item 12B to be heard immediately following this item. ) P. Recommendation to Waive Formal Competition and Award a Contract to Wharton-Smith Inc. Construction Group to Complete the Construction of the 8 MGD RO Expansion at the South County Regional Water Treatment Plant for an Interim Amount not to exceed $3,000,000. Q. Recommendation to deny the request by Waterways Joint Venture IV for a refund of Transportation Impact Fees totaling $217,830 for the Summit Place project. (Joe Schmitt, Administrator, Community Development) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. Direct desired action by the Office of County Attorney in two code enforcement lien foreclosure actions entitled Collier County v. Anthony J. Varano, Jr., Case Nos. 99-4226-CA and 00-3430-CA. B. Recommendation for the Board of County Commissioners as the Ex- Officio Governing Body of the Collier County Water-Sewer District to Authorize and Ratify a Lawsuit Against United Engineering Corporation and United Engineering Corporation's Surety, National Union Fire Insurance Co., for Liquidated Damages and Consequential 8 July 27, 2004 Damages Arising from Material Breaches by United Engineering Corporation in Performing the Contract for the South County Regional Water Treatment Plant 8-MGD RO Expansion (Contract/Bid No. 01- 3194). (Item lOP to be heard immediately following this item.) 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AREA 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve an Agreement for Sale and Purchase of 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $11 ,600(A vatar Properties, Inc). 2) Recommendation to approve an Agreement for Sale and Purchase of 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $11,600 (Stewart). 3) Recommendation to approve an Agreement for Sale and Purchase of 2.73 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $31,100 (Zak). 4) Recommendation to approve an Agreement for Sale and Purchase of 3.79 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $39,200 (Beardsley). 5) Recommendation to approve an Agreement for Sale and Purchase of 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $11,600 (Beardsley, Trustee). 9 July 27,2004 6) Recommendation to approve an Agreement for Sale and Purchase of 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $11,600 (Cassidy). 7) Recommendation to approve an Agreement for Sale and Purchase of 1.59 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $16,000 (Hamilton). 8) Recommendation to approve an Agreement for Sale and Purchase of 2.27 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $26,100 (Hanson). 9) Recommendation to approve an Agreement for Sale and Purchase of 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $11 ,600 (McBride). 10) Recommendation to approve for recording the final plat of "Milano", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 11) Recommendation to approve payment to attend function serving a valid public purpose. 12) Recommendation to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Camelot Park". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County 13) Recommendation to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Lalique". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. 14) Recommendation to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Villa FIorenza". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by 10 July 27,2004 --.- Collier County 15) Recommendation to approve for recording the final plat of "Cayo Costa, Unit Two", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security 16) Recommendation to approve a mortgage and promissory note for a two hundred twenty-eight thousand ($228,000) dollar loan to the Collier County Housing Authority. 17) Recommendation to approve the proposed amendment to the current interlocal agreement between Collier County and the Economic Development Council of Collier County and the related budget amendment that transfers the previously approved funds. 18) Recommendation to approve for recording the final plat of "Milagro Place" 19) Recommendation to approve the request to have the Collier County Board of County Commissioners authorize an amendment to resolution 2004-97 which established a fee schedule of development related review and processing fees as provided for in division 1.10 of the Collier County Land Development Code. 20) Recommendation to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Glen Lake Estates". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County 21) Recommendation to approve the Satisfaction of Liens for Code Enforcement Board Case No. 2000031, 2001-005, 2000-049, 2003- 028, 2000-024 and 2001-083. 22) Recommendation to approve one (1) impact fee reimbursement requested by Goodlette Road Limited Partnership, totaling $415,326.10, due to building permit cancellation 23) Recommendation to approve one (1) impact fee reimbursement, 11 July 27, 2004 requested by Vineyards Development Corporation, totaling $1,264,080, due to an overpayment of Water and Sewer Impact Fees on Building Permit No. 2004-050308 24) Recommendation to approve Satisfaction of Lien for Code Enforcement Board Case No: 2003-041 25) Recommendation to approve for recording the final plat of "Pine Air Lakes Unit Five", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security 26) Approval of Contract 04-3682, in the amount of $69,330, with Tindale-Oliver and Associates, Incorporated for consultant services for a Law Enforcement Impact Fee Study B. TRANSPORTATION SERVICES 1) Recommendation to award Bid No. 04-3603R - "Purchase of Lime- Rock and Fill Material" to Aggrisource, Youngquist, Florida Rock, Southern Sand and Stone, Inc. for the estimated annual amount of $500,000 2) Recommendation to approve the establishment of a Neighborhood Traffic Management Program (NTMP), Traffic Calming Project, to address a Lely Civic Association, Inc. generated request via the adoption of Traffic Management Petition Number NTMP-04-0 1, for installation of traffic calming devices on Forest Hills Boulevard and Pebble Beach Boulevard. 3) Recommendation to approve fiscal year 2004 reserve funds to be used to advance fiscal year 2005 landscaping funds into fiscal year 2004 with reinstatement of the reserve funds in fiscal year 2005 from the landscaping budget in the amount of$274,059. 4) Recommendation to approve a Developer Contribution Agreement between FFT Santa Barbara I, LLC, a Florida limited liability company, and Gertrude Abele, Trustee, hereinafter collectively referred to as "Developer," and the County. 12 July 27, 2004 5) Recommendation to endorse proposed roadway functional classification designations for Immokalee and Marco Island "Urban Cluster" Areas of Collier County 6) Recommendation to Award Bid #04-3674 "Airport-Pulling Road MSTD Roadway Grounds Maintenance" at a yearly cost of $123,875.00 7) Recommendation to approve a landscape installation and maintenance agreement between Longshore Lake Foundation, Inc and Collier County for landscaping and wall installation within the right-of-way on Logan Boulevard at no cost to the County. 8) Recommendation to approve exemptions and variances to the Land Development Code (sidewalks). 9) Recommendation to the Board to approve, sign and execute an Agreement between Collier County and the Commission for the Transportation Disadvantaged for funds in the amount of$428,549.20 for the provision of transportation for qualified Medicaid recipients 10) Recommendation to approve a donation from the Lely Golf Estates Civic Association to the Lely Golf Estates Beautification MSTU in the amount of$7395.12 for 50% of the refurbishment cost of the MSTU's entrance monuments 11) Recommendation to approve the Transportation Division to provide a one time grading and lime rock for South 8th Street & Doak Avenue in Immokalee thereby making the roads passable for emergency vehicles such as police, fire and EMS. 12) Recommend Board's approval of Adopt-A-Road Agreements (6) for the following: Buzz Hill State Farm, Dance Universe-Miss S.W. Florida USA, Lori Young-South Bay Realty and Swiss Team Enterprises, Inc. 13) Recommendation to approve Change Order No.1 to Douglas N. Higgins, Inc. for the Palm Street Outfall Project (Project No. 51804) in the amount of$71,402.50. 13 July 27, 2004 14) Recommendation for Board to accept grant funds from South Florida Water Management District for the Haldeman Creek Dredging Project in the amount of $500,000, Project Number 51011. 15) Recommendation that the Board approve a Budget Amendment recognizing revenue received from the Florida Department of Transportation under an annual maintenance agreement for traffic signals and streetlights. 16) Recommendation to award a contract in the amount of $297,250 to Aquagenix for the 2004 Australian Pine Removal Project (Project No. 51501), and approve a budget amendment to transfer funds in the amount of$148,250. 17) Recommendation that the Board authorize a speed limit change from fifty-five miles per hour (55 MPH) to forty-five miles per hour (45 MPH) on Oil Well Road from Corkscrew Middle School to 2600 feet east of Everglades Boulevard, for a distance of approximately three (3) miles, at an approximate cost of$600.00. 18) Recommendation to approve a landscape installation and maintenance agreement between Naples Botanical Garden, Inc. and Collier County for landscaping and irrigation installation within the right-of-way on Thomasson Road at no cost to the County. 19) Recommendation to Approve Contract for RFP #04-3571, "Green Boulevard Extension Corridor Study," (Project Number 62024) in the Total Amount of$277,058 20) Recommendation that the Board approve a contract between ConsulTech, Inc. and Collier County for System Manager Engineering Services related to Construction Inspection and Implementation Oversight for the construction and implementation of the Advanced Traffic Management System (ATMS) Phase II project, with costs to the County reimbursed by the Florida Department of Transportation. 21) Recommendation to the Board to approve a rate increase for the Transportation Disadvantaged Program 14 July 27,2004 22) Recommendation that the Board approve a contract with Young's Communications Co., Inc., and Kent Technologies, Inc. for Conduit and Pull Box installation related to communications cable for the Advanced Traffic Management System (A TMS) Phase II project, with costs to the County reimbursed by the Florida Department of Transportation. 23) Recommendation to Approve Contracts for RFP 04-3645 "Real Estate Appraisal Services" 24) Recommendation to authorize repairs to a surface water pumping station in the East Naples area not to exceed $20,000.00 and to accept an agreement between Collier County and Lely Civic Association, Inc. & Lely Country Club P.O.A. for perpetual operation and maintenance responsibilities of said pump to Lely Civic Association, Inc. & Lely Country Club P.O.A. C. PUBLIC UTILITIES 1) Recommendation to award Bid Number 04-3624 to AAA Generator & Pump Inc. for the purchase of generators by the Water Department in the estimated amount of$110,682.00. 2) Recommendation to award Bid Number 04-3626 to E.A. Waetjen, Incorporated for the purchase of a lock and access system for use by the Water Department in the estimated amount of$125,000. 3) Recommendation to approve Budget Amendment in the amount of $720,000 to fund operating expenses for electricity and chemicals at the North County Regional Water Treatment Plant. 4) Recommendation to approve and authorize execution of two Utility Easements and various other transaction documents relative to the Golden Gate Wellfield Reliability Improvements Project at a cost not to exceed $164,286.00. 5) Recommendation to Award Surplus Bid No. S04-3594 for one 250 KW Generator to E.B. Simmonds Electrical Inc. 6) Recommendation to approve the well relocation agreement between 15 July 27,2004 .__...._,~..,.^...,-_..~.,.,,_.... Centex Homes and Collier County Water-Sewer District, and approve the necessary budget amendment. 7) Recommendation to approve Work Order # MP-FT-04-04 under Contract #00-3119 with Malcolm Pirnie, Inc. in an amount not to exceed $350,000.00 to provide Project Management Support Services for the Northeast Regional Water Treatment Plant and Water Reclamation Facility, Project Numbers 70902 and 73156. 8) Recommendation to award Contract #04-3672 to Encore Construction Company to construct the Goodland Water Booster Pumping Station upgrades, in the amount of $690,000, recognize additional carry forward, and approve the necessary budget amendment. 9) Recommendation to approve execution of a Letter of Agreement to provide consulting services, not to exceed $18,067.50, for the evaluation of a Utility Agreement between Collier County and the City of Marco Island. 10) Recommendation to adopt a Resolution authorizing the acquisition of Temporary Beach Restoration Easements required for the Collier County Beach Restoration Project and Management Plan at a cost not to exceed $2,000; Project 905271. 11) Recommendation to approve a change to a work order, under contract # 01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Coastal Planning & Engineering Inc., for Work Order CPE-FT-03-08, Permit Comment and Response, Project 90527, for an additional $30,000. 12) Recommendation to approve Amendment 2 to Work Order CDM-FT- 03-02 under Contract #00-3119 for engineering services related to adding one new public water supply well (Well 33) to the Tamiami Well field at a cost amount not to exceed $52,286; Project 70158. 13) Recommendation to award Bid No. 04-3592 - "Collection Agency Services for Collier County Utility Billing & Customer Service" to the three (3) bidders with the lowest collection rate at an estimated annual cost of approximately $50,000. 16 July 27,2004 14) Recommendation to approve Work Order ICTSCADA-REV-04-001 under Contract 04-3536 to Revere Control Systems for Instrumentation, Controls and Electrical Installation Services related to Manatee Road SCADA Upgrade in the amount of $1 05,330, Project 70124. 15) Recommendation to amend Work Order MAC-FT-04-01 under Contract 03-3484 to McKim & Creed Engineers for Implementation and Integration Engineering Services related to Control and Telemetry Upgrades for Carica, Vanderbilt and Barefoot Water Distribution Pump Stations and for Water SCADA System Broadband Wide Area Network in the amount of$188,650, Project 70124. 16) Recommendation to approve the Settlement Agreement with Ricky and Christina McAleer (North Hawthorn Wellfield Water Supply Transmission Mains Project No. 700751). 17) Recommendation to award to Golden Gate Well Drilling, Inc., Bid No. 04-3683, Golden Gate Wellfield Reliability Improvements- Tamiami Wellfield Drilling Services up to an amount not to exceed $90,950 per well; Project 70158 18) Recommendation to approve a Work Order, under Contract # 01- 3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Taylor Engineering for the 2004 Monitoring of Marco Island, Project 90542, in an amount not to exceed $78,916 19) Recommendation to approve conveyance of an Easement to Florida Power & Light Company required in conjunction with the construction of an improved Solid Waste Operations Center at a cost not to exceed $18.50, Project Number 59005. 20) Recommendation to approve a Budget Amendment for $250,000, and authorize Public Utilities Administrator to execute Work Order # PSI- FT -04-02, to PSI, Inc under Contract NO. 03-3427 "Environmental Engineering, Remediation and Restoration Services for Collier County" to complete Phase I of The Cells 1 and 2 Restoration project at the Naples Landfill in an amount not to exceed $250,000. 17 July 27, 2004 D. PUBLIC SERVICES 1) Recommendation to Award Bid No. 04-3668, "Refurbishment of a 25 ft. Boat" (dollar amount $67,441.21) 2) Recommendation to approve amending Resolution 03-244 for Collier County EMS User Fees. 3) Recommendation to approve an Agreement with the Collier County Child Advocacy Council, Inc. (CCCAC) to provide for mandated services identified under Florida Statute 39.304(5). 4) Recommendation to award RFP No. 04-3618 "Tigertail Beach Water and Beach Concession" with an anticipated revenue of$12,000 to Recreational Facilities of America, Inc. for FY 05 5) Recommendation to approve a purchase in the amount of $31 ,896.12 for bleachers from Seating Constructors USA 6) Recommendation to approve a residential license agreement for the law enforcement officer residence at Sugden Regional Park 7) Recommendation to approve a purchase in the amount of $67,398 for replacement of turf maintenance equipment from Wesco Turf, Inc. 8) Recommendation to approve the Home Care for the Elderly budget amendment and continuation grant in the amount of$97,359 and authorize the Chairman to sign the agreement between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc., D/B/A Senior Solutions of Southwest Florida. 9) Recommendation to approve the Alzheimer's Disease Initiative continuation grant in the amount of $105,706 and authorize the Chairman to sign the agreement between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc., D/B/A Senior Solutions of Southwest Florida. 10) Recommendation to approve the Community Care for the Elderly continuation grant in the amount of$614,132 and authorize the Chairman to sign the agreement between Collier County Board of 18 July 27, 2004 --.........---.---.. ,., . County Commissioners and the Area Agency on Aging for Southwest Florida, Inc., D/B/A Senior Solutions of Southwest Florida. 11) Recommendation to purchase a rubberized natural grass field process for a soccer field at Vineyards Community Park from Turf Solutions Southeast at a cost of $30,000, to be funded by the Waste Tire Grant Program E. ADMINISTRATIVE SERVICES 1) That the Board of County Commissioners award Bid No. 04-3621 Alarm Monitoring Services to Dehart Alarms for monitoring of fire and burglar alarms. Estimated annual monitoring cost is $25,000. 2) Recommendation to award Quote # 04-0333 under contract # 02-3349 in the amount of$107,229.90, "Main Lobby Renovations of the Collier County Courthouse" to Surety Construction Co. 3) Recommendation to approve an agreement between the American Red Cross and the Board of County Commissioners to provide training to Collier County employees to become "American Red Cross Health and Safety" certified instructors and authorized providers of first aid, CPR, and other health and safety education programs. 4) Recommendation to approve additions to the 2004 Fiscal Year Pay and Classification Plan made from May 15,2004 through July 9, 2004. 5) Report and ratify staff-approved change orders and changes to work orders to Board-approved contracts. 6) Recommendation to award a quote under Contract # 02-3349 in the amount of$74,818.00, "Toilet Renovations for Building F" to Surety Construction Co. 7) Report to the Board of County Commissioners concerning the sale and transfer of items associated with the county surplus auction of July 1 0, 2004, resulting in $9,526.60 in net revenues. 8) To approve a Budget Amendment for $66,382.00 for General Capital 19 July 27, 2004 Improvement Maintenance Project (Fire Alarm upgrades for Government Center campus). (52525) 9) Recommendation to approve budget amendment to recognize revenues and appropriate expenditures in the Purchasing Department budget 10) Recommendation to approve a Lease Agreement with Nextel South Corporation granting use of rooftop space atop Building 'L' for annual revenue of $30,000 and a first year, one-time contribution of $10,000. 11) Recommendation to ratify approval of a letter designating the Collier County Early Literacy and Reading Partnership for Educational Success as the Local Council for the Early Learning Opportunities Act Discretionary Grants Program of the United States Department of Health and Human Services. 12) Recommendation to declare certain county-owned modular furniture pieces as surplus and authorize staff to properly dispose of these items. 13) Recommendation to Approve the Advisory Committees Outstanding Members Service Award Program F. COUNTY MANAGER 1) Summary of Consent and Emergency Agenda Items approved by the County Manager during the Board's scheduled recess. Per Resolution Number 2000-149, "Approval of this Agreement by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, this Agreement shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification of that Board." 2) Recommendation to Approve Three (3) Tourist Development Category "C-2" Grant Applications and Three (3) Tourism Agreements for Naples Botanical Garden $217,650; The Conservancy of SW Florida $100,000; City of Naples $50,000; Totaling $367,650 20 July 27, 2004 for FY 05 and Approve the County Owned Museum Funding Request of$1,276,900, and Direct Staff to Prepare Amendment to Ordinance 92-60 to Include Municipally-Owned Museums for C-2 Grants. 3) Recommendation that the Board of County Commissioners adopt a Resolution fixing the date, time and place for the Public Hearing for approving the Special Assessment (Non-ad valorem Assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit for maintenance of the water management system, beautification of recreational facilities and median areas and maintenance of conservation or preserve areas, and establishment of Capital Reserve Funds for ambient noise management, maintenance of conservation or preserve areas, U.S. 41 berm, street signage replacements within the median areas and landscaping improvements to U.S. 41 entrances, all within the Pelican Bay Municipal Service Taxing and Benefit Unit 4) Recommendation to approve a Tourist Development Category "A" FY 05 Grant Application and a Tourism Agreement Submitted by the City of Naples for Monitoring of Doctors Pass in the Amount Of $10,580. 5) Recommendation to approve special assessments as requested by the Florida Association of Counties (F AC) for legal proceedings on Department of Juvenile Justice Cost Shift and Additional Homestead Exemption Constitutional Amendment in the total amount of$19,188. 6) Summary of 17 Fund 195 Tourist Development Category "A" Grant Applications and Corresponding Tourism Agreements and other Tourist Tax Funded Expenditures Totaling $24,724,568 for FY 04/05 7) Recommendation to Approve an Interlocal Agreement between Collier County and the City of Naples Establishing Office Space for our Collier County Film Commissioner Within the Norris Community Center at $350.00 Per Month for use of the Premises. 8) Recommendation to Direct Staff to Prepare an Amendment to Ordinance Number 92-18 Eliminating the Non-Voting Position from The Tourist Development Council 21 July 27, 2004 9) Approve a Budget Amendment to Recognize and Appropriate $14,400 of Isles of Capri Fire District Impact Fee Revenue 10) Approve a Budget Amendment to Recognize and Appropriate $30,000 of Unanticipated Revenue from the Isles of Capri Fire District Inspection Fees. 11) Approval of Budget Amendment Report. 12) Recommendation to adopt a Resolution authorizing the borrowing of an amount not to exceed $6,000,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the loan agreement between the Board of County Commissioners and the Commission in order to finance the acquisition of the Arthrex Building for the County Transportation Division; authorizing the execution of a loan note or notes to evidence such borrowing; agreeing to secure such loan note or notes with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in the loan agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. 13) Recommendation to adopt a Resolution authorizing the borrowing of an amount not to exceed $21,400,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the loan agreement between the Board of County Commissioners and the Commission in order to finance the acquisition of certain real property within the County, collectively known as America's Business Park, including the reimbursement of certain expenses incurred by the County in connection therewith, if necessary; authorizing the execution of a loan note or notes to evidence such borrowing; agreeing to secure such loan note or notes with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in the loan agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. 14) Recommendation to approve contract for RFP 04-3607 with Public Financial Management, Inc., (PFM) for Financial Advisory Services 22 July 27, 2004 __.0- G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AREA 1) Authorize the Airport Authority to accept a grant from the Federal Aviation Administration in the amount of $245,889 for the construction of a parallel taxiway at the Everglades Airpark H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Halas request for Board approval for payment to attend a function serving a valid public purpose. Attend the Greater Naples Chamber of Commerce 2004 Annual Trade Show, August 25,2004 at the Naples Beach Hotel; $15.00 to be paid from Commissioner Halas' travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Request authorization to file the State of Florida Annual Local Government Financial Report for the Fiscal Year 2002-2003 as required by Florida Statute 218.32. K. COUNTY ATTORNEY 1) Recommendation to authorize staff to prepare and submit an application for the lease of submerged land (aquaculture) from the State of Florida for one or two acre plots for marine research in aquaculture. 2) Recommendation to approve a Partial Release of Lien imposed in Resolution No. 2000-373, Resolution No. 2003-279 and Resolution No. 2003-407, relating to code enforcement violations on property owned by Mr. Leonard Wisniewski. 3) Recommendation to have the Board Approve the Stipulated Final Judgment Relative to the Acquisition of Parcels 179 and 179T in the Lawsuit Styled Collier County v. Dr. Francisco O. Cortina, et aI., 23 July 27,2004 -~- Case NO. 00-0936-CA (Golden Gate Boulevard Project #63041). 4) Recommendation to approve the Mediated Settlement Agreement as to Parcels 739 and 839 in the lawsuit styled Collier County v. Nancy L. Johnson Perry, et aI., Case No. 03-2373-CA (Golden Gate Parkway Road Project 60027). 5) Recommendation to approve the Stipulated Final Judgment as to Parcel 138 in the lawsuit styled Collier County v. John Aurigemma, et aI., Case No. 04-344-CA (Vanderbilt Beach Road Project 63051). 6) Recommendation to approve the Agreed Order Awarding Guardian Ad Litem Fees as to Parcel 326 in the lawsuit styled Collier County v. Agnaldo DeLima, et aI., Case No. 00-1 967-CA, Golden Gate Blvd. II Project 63041 (total cost of $489.00). 7) Recommendation to approve the Stipulated Final Judgment as to Parcel 146 in the lawsuit styled Collier County v. Elizabeth D. Bloch, et aI., Case No. 03-2403-CA (Golden Gate Parkway Project 60027). 8) Recommendation to Approve Stipulated Final Judgment Relative to the Acquisition of Parcel 114 in the Lawsuit Styled Collier County v. Marian H. Gerace, as Successor Trustee, et aI., Pine Ridge Road Project #60111. 9) Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance certain costs of construction, renovation and equipping of community, recreational, and social service facilities for the YMCA of Collier County, Inc. and to refund currently outstanding indebtedness for eligible expenditures. 10) Request by the Collier County Industrial Development Authority for updated approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance manufacturing facilities for The March Group LLC and March, Inc. 11) Recommendation to approve an Agreement for Professional Services between Collier County and the Office of the Public Defender for the Twentieth Judicial Circuit of Florida. 24 July 27, 2004 12) Recommendation to approve an Agreement for Professional Services between Collier County and the Office of the State Attorney for the Twentieth Judicial Circuit of Florida. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDA TION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. An Ordinance of the Board Of County Commissioners amending Ordinance No. 91-102, as amended, the Collier County Land Development Code, or its successor, by providing for an amendment to correct Ordinance No. 03-28, for the Tuscany Reserve Planned Unit Development (PUD) and by providing for an effective date. B. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. Recommendation to approve A VPLA T2004- AR5547 to disclaim, renounce and vacate the County's and the Public's interest in the 15 foot wide Drainage Easement located on Lots 27 and 28, according to the plat of "North Collier Industrial Center," as recorded in Plat Book 31, Pages 50 through 51, Public Records of Collier County, Florida, and to accept a 15 foot wide relocation Drainage Easement on a portion of Lots 28 and 29 of said "North Collier Industrial Center." Located in Section 10, Township 48 South, Range 25 East. C. This item has heen continued from the June 29, 2004 BCC/Special 25 July 27, 2004 Meeting. An Ordinance Of Collier County Florida, Amending Collier County Ordinance No. 97-8, As Amended, The False Alarm Ordinance; Authorizing Violators To Appeal Citations To The Code Enforcement Special Master; Authorizing The Sheriffs Office To Refer Unpaid Citations To The Special Master; Providing That The Special Master Can Assess A Civil Fine Up To $500 And Can File Liens Against Violator's Property; Increasing Civil Fines For Five Or More False Alarm Violations; Providing That Class Certificates For Credit Against A Future Violation Expire After 365 Days Of Issuance Date D. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. The applicant is seeking an after-the-fact variance to allow the separation between Building 6 and Building 7 of the Cypress Glen PUD to remain at 13.75 feet rather than the 15-foot separation required between buildings in the Cypress Glen PUD. The two buildings are currently under construction. A spot survey disclosed Buildings 6 and 7 were 13.75 feet apart rather than the 15 feet required. This is the result of a drawing error. The applicant is therefore requesting a 1.25-foot building separation variance to allow the buildings to remain where they are currently located. E. THIS ITEM REQmRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. PUDZ-2003-AR-4046, Dwight Nadeau, of RW A Consulting, Inc., representing Waterways Joint Venture IV, requesting a rezone from Rural Agricultural (A) and Planned Unit Development (PUD, known as Hibiscus Village PUD) to PUD to be known as Summit Place in Naples PUD for a residential development consisting of98.4 + acres and 394 dwelling units for property located at 14625 Collier Boulevard which is on the west side of Collier Boulevard (C.R. 951) and approximately 7,00 feet north of Wolfe Road, in Section 34, Township 48 South, Range 26 East, Collier County, Florida. F. Recommendation to approve a Mandatory Non-Residential Recycling Ordinance G. This item continued indefinitely. Recommendation to adopt Resolution increasing the Regulatory Assessment Fee from the current 2.0% up to 3.75% of the gross revenues for nonexempt, investor-owned water and/or 26 July 27, 2004 wastewater systems subject to local regulation and the Florida Governmental Utility Authority, pursuant to Interlocal Agreement, effective October 1, 2004. H. Ordinance to Amend Collier County Ordinance No. 87-60 to Authorize the County's Transportation Department to Issue Permits that Authorize In-the- traveled-road Solicitations of Charitable Contributions I. Recommendation to approve and enact an Ordinance allowing the obtainment of State of Florida and Federal Bureau of Investigation record checks through mandatory fingerprinting of current and new employees, vendors and contractors in certain positions related to Security and/or Public Safety. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 27 July 27, 2004 July 27, 2004 MR. MUDD: Madam Chair, you have a hot mike. CHAIRMAN FIALA: Thank you very much. The July 27th Board of County Commissioners meeting is called to order. And today, our -- the minister that was to be here is not here. He called in to say that he was going to be running a little bit late. That's Pastor Craig Canfield, Eagle's Nest Worship Center, but we're running on such a tight time schedule, we're going to ask the minister resident in-house -- resident minister in-house, Jim Mudd, to say a prayer. So would you-all please stand. Father Mudd? MR. MUDD: That's my brother, ma'am. Heavenly Father, we come to you today as a community thanking you for the blessings that you have so generously provided. Today we are especially thankful for the dedicated elected officials, staff, and members of the public who are here to help lead this county as it makes the important decisions that will shape our community's future. We pray that you would guide, lead, and direct the decisions made here today so that your will for our county would always be done. These things we pray in your holy name, Amen. CHAIRMAN FIALA: Amen. And please join me in the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison. ) 2 July 27,2004 Item #2A REGULAR CONSENT AND SUMMARY AGENDA - APPROVED CHAIRMAN FIALA: Thank you very much. And County Attorney, do you have anything to add to this agenda this morning, County Attorney? MR. WEIGEL: Good morning, Madam Chairman, Commissioners. On behalf of the agenda, I would like to have Marjorie Student address some matters for the record pertaining to the summary agenda, if she may. MS. STUDENT: Thank you. Good morning. For the record, Marj orie Student, assistant county attorney. This pertains to item 17E. It is a rezone from PUD to PUD for Summit Place, and it's only technical in nature. But because we have a new unified land development code, the references in the PUD to the LDC contain language after each reference to, or successor provision, and also there was a reference to a utilities ordinance, which has recently been changed, and that's been changed from 97-1 7 to ordinance 04-31. And in the environmental stipulations, the way it read originally, it made it look like the PUD could vary the compo plan, which is not the case, so we broke it down into two sentences to make that clear, and that was a staff stipulation, and the petitioner's aware of these changes and is okay with them. CHAIRMAN FIALA: Thank you very much, Ms. Student. Any other comments from the county attorney? MR. WEIGEL: No, none at this time. I think Mr. Mudd will catch the rest. Thank you. CHAIRMAN FIALA: Okay. From the Clerk of Court's office. 3 July 27, 2004 Do we have anything from Mr. Mitchell? MR. MITCHELL: (Shakes head.) CHAIRMAN FIALA: Very good. And now we go on to the county manager, who has a load of things for us. MR. MUDD: Agenda changes, Board of County Commission's (sic) meeting, July 27th, 2004. The first item is withdraw item 6A, and that's a public petition request by Patrick J. Lee to discuss air show -- to discuss an air show to be held at the lmmokalee Airport in 2005, and that was withdrawn at petitioner's request. The next item is continue item 10Q indefinitely. The petitioner requests that this item be continued indefinitely. Recommendation to deny the request for Waterways Joint Venture IV for a refund of transportation impact fees totaling $217,830 for the Summit Place project. Again, that's at petitioner's request. Next item is to add item 13A, and this came late after the agenda was already to the printer, and that's a recommendation that the BCC serve as the local coordinating unit of government in the Florida Department of Law Enforcement's Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant, approve the sheriffs office grant application, authorize acceptance of the grant award, and approve associated budget amendments, and that's at Sheriff Hunter's request. Next item is to withdraw item 16B8, and that's a recommendation to approve exemptions and variances to the land development code which pertains to sidewalks, and that's at staffs request. The next item is item 16E13, and that's a request to continue this item indefinitely. And this is a recommendation to approve the Advisory Committee's Outstanding Members Service Award Program, and that's at staffs request. The next item is to move item 16F2 to lOR, and that's a 4 July 27, 2004 recommendation to approve three tourist development category C-2 grant applications and three tourism agreements for the Naples Botanical Gardens, $217,650, the Conservancy of Southwest Florida, $100,000, and the City of Naples $50,000, totalling $367,650, for the FY-'05 budget year, and approve the county-owned museum funding request of one million two hundred sixty -- excuse me -- $1,276,900, and direct staff to prepare an amendment to ordinance 92-60 to include municipally-owned museums for C-2 grants, and that's at Commissioner Henning's request. Then the following notes. When we sent -- and this is just a little aside. When we sent the electronic agenda to the printer from the time that it -- from the -- from when it got to the diskette till it went to the printed page, there was a series of items in the agenda as far as backup material that didn't -- that didn't show up in the printed version and has since been corrected, and I'll start with these notes. Note, 8B. This item is listed correctly on the agenda index but the backup material is incorrect in the packet. The correct backup material has been made available. Item 16A24. There are two 16A24 items. The backup materials for this item are correct but numbered incorrectly. The second 16A24 should be numbered 16A25. Next item, item 16B9. Approval of this agreement is subject to the Transportation Disadvantage Commission approval, and the reason for that is we thought that the commission would already have their approved agreement here to the board, but they're still -- they're still revIewIng same. Next item is item 16C20. The backup material for this item was omitted from printed agenda packet. The material has been made available. Next item is item 16D2. The executive summary incorrectly lists the proposed FY -'05 BLS non-emergency transport rate at $350. The correct rate for this service is $500 per transport as correctly stated in 5 July 27, 2004 the resolution. Next item is item 16D3. The backup material for this item was omitted from the printed agenda packet. This material has been made available. Item 16Dll. The backup material for this item was omitted from the printed agenda packet. This material has been made available. Item 16F14. The backup material for this item was omitted from printed agenda packet. The backup material has been made available. Item 17C. This item is listed correctly on the agenda index, but the backup material is incorrect in the packet. The correct backup material has been made available. And lastly, item 17D. The backup material in the printed agenda packet is incorrect. The correct material has been made available. And then just as a side note, there's time certains. Item 8B, which has to do with the evaluation and appraisal report, will be heard at three p.m. And then item 10F and lOG that have to do with the award of the overpass contract and the contract to CEI will be -- will be a time certain at one p.m. That's all I have, Madam Chair. CHAIRMAN FIALA: Thank you very much. Commissioners, do you have any ex parte disclosures for the summary agenda or any comments or questions regarding the agenda itself? And I will start with Commissioner Halas. COMMISSIONER HALAS: As far as any additions or corrections to the -- today's agenda, I don't have any. As far as ex parte in the summary agenda, 1 7 -- 1 7D, I have email, and 17E, I also have email, and I have it here if anybody wants to look at it. I have no other disclosures on the other items on the summary agenda. CHAIRMAN FIALA: Very good. 6 July 27, 2004 Commissioner Coletta? COMMISSIONER COLETTA: I have no changes to the agenda. I do have a comment here on seven (sic) -- in the summary agenda on E. I did receive email, and I did have some meetings, and it's in my agenda packet, if anyone wishes to see it. And Madam Chair, if I may, I'd like to see if there would be any interest on the part of the commission, that if we do run late, that we might be able to extend any items for tomorrow morning. If only three commissioners need to deal with it, it shouldn't be a problem. The Chair could set the priorities on the agenda. And if we do run to the point where we get to some ungodly hour, we might be able to continue the more mundane items tomorrow morning, if we have three commissioners that are available. CHAIRMAN FIALA: Yes. Because you know I won't be here. COMMISSIONER COLETTA: Yeah, I know that, that's why I was suggesting that we might -- if we get to a point where we get into a squeeze, you might want to adjust the schedule so that we can save those items for later. CHAIRMAN FIALA: Well, we have the room reserved. Let me see that -- what I was going to ask you guys when it's my turn to speak -- and so here I am jumping in right now -- COMMISSIONER COLETTA: I'm sorry. I didn't mean to jump in front of you. CHAIRMAN FIALA: Oh, no. No, it was your turn. What I just wanted to say was, I'm going to ask everybody, if they can, to write their questions down, ask concise questions and not -- not ramble any. I'm going to try and keep all of the speakers on track so that we get them on and off quickly . We're going to try and not languish in this meeting, but rather move it along rather rapidly. And I'm going to ask everybody's cooperation to do that. And if that be the case, hopefully we get out of here by -- COMMISSIONER COLETTA: At your discretion. 7 July 27, 2004 CHAIRMAN FIALA: Okay, fine. If we're going anywhere past nine, then we'll talk about it, okay? COMMISSIONER COLETTA: Exactly right. COMMISSIONER HALAS: Thank you very much. CHAIRMAN FIALA: And thank you very much for bringing that up, Commissioner Coletta. I appreciate that. Commissioner Henning? COMMISSIONER HENNING: I feel that if we stay on task today, we can -- we can get done today, so that's my goal, to move business today. The ex parte communication that I have is on 1 7D (sic), and I had some meetings with staff, some correspondence through emails and phone calls, and they're all in my file if anybody would wish to review those. There is one concern that I have on 17B8 ( sic), staff withdrawing that which -- who has a concern? CHAIRMAN FIALA: 17? MR. MUDD: 16B8, sir? COMMISSIONER HENNING: 16B8. MR. MUDD: B8, on sidewalks? Commissioner, the attorney's office said that they would -- it needs to come through as more of a variance process versus an agenda item for the board. It's in your land development code, and we need to do it in the proper procedures, and that's why we withdrew it so that we could get it done the right way. COMMISSIONER HENNING: This is -- part of this was board directed. MR. MUDD: Yes, sir. COMMISSIONER HENNING: And I can't understand why we're -- we let it go this far as to put an item on the agenda and then have concerns at the last minute. This is not doing the public's business. MR. WEIGEL: Well, Commissioner, the item didn't come to the 8 July 27, 2004 attorney's office until we saw it on the agenda, and so we noted that it -- to assure that there wouldn't be issues with the board's action, which I think we understand is -- by direction, is going to occur, that we wanted to bring it -- bring it back at the next meeting so that we can put it to rest, because even if the board approved what was presented today, it technically, legally, would not put the item to rest, and, therefore, keep the subj ect properties at a kind of risk for further issue. And so, it was upon our review of the agenda that we said, well, it's not -- it's not in the form that it can go forward. It did not come to our office at all. COMMISSIONER HENNING: This was -- part of this was a request -- a public petition request and we asked to put it on the agenda, and this is the forum that it came in. And if the county attorney's office had problems with it at that time, why wasn't that resolved before a continuation on today's meeting? I think that public request was back in June. MR. WEIGEL: Well, it was. It was at the June 22nd meeting. COMMISSIONER HENNING: When can we resolve this issue? MR. WEIGEL: Well, it would be resolved at the next meeting of the board, which I believe is September 14th. It's really a question of the sidewalk -- the sidewalk situations being recognized as appropriate, although they are at variance with the land development code, and it's a code matter to be -- to be reconciled, not merely an approval by the board, or it would be an issue that would potentially come up again for those -- for those property owners. So it appeared to me that from the board's direction on June 22nd, that the county, code enforcement staff, all the county staff recognize that it's not an enforcement issue, it's not a debate issue as to a problem on the premises, but that it's a question of getting it in the form that the board can approve it, and then it's just finished. COMMISSIONER HENNING: So you're assuring the board this is going to be in the first meeting in September? 9 July 27, 2004 MR. WEIGEL: Yes, that's right. COMMISSIONER HENNING: Okay. CHAIRMAN FIALA: That's acceptable to you? COMMISSIONER HENNING: Well, I guess I have to accept it. I have no other choice. CHAIRMAN FIALA: Okay. COMMISSIONER HENNING: With that, I'll make a motion to approve -- CHAIRMAN FIALA: Oh, I can't do that yet. COMMISSIONER HENNING: I'm sorry. CHAIRMAN FIALA: Excuse me, but thank you. Also for me, I have an ex parte disclosure, and that is 17E. I've had meetings and also I've received emails, and they're all in my ex parte folder. And do we have any registered speakers for the summary agenda? MS. FILSON: Yes, ma'am. We have one registered speaker, Bob Krasowski. MR. KRASOWSKI: Good morning, Commissioners. For the record, my name is Bob Krasowski. I'm speaking at this moment to request that an item from the consent agenda, as well as the summary agenda, be put on the regular agenda so there can be discussion and a presentation. The consent agenda item is 16C7. It's the request for an expenditure of $350,000 to Malcolm Pirnie for some work on the Orange Tree area wastewater, water treatment plant that -- the utilities proj ects up there. I have some additional comments to make on that, if you do decide to put it on the agenda. I'm not prepared at this time to make those comments, but I do have notes written down. And it ties into a lot of work that these people have done for the utilities department, and it ties into a lot of issues that are now -- you're aware of through emails from a former employee, and through 10 July 27, 2004 our work with you, with the county regarding the solid waste issue, how the assignment of very expensive consultant projects have been given out, and I would -- I would suggest later, if you put this on the agenda -- otherwise I'll speak under public comment -- that this $350,000 be diverted to the shortfall in the sheriffs department. Let's spend the money where we need it and not, you know, in this type of thing. Then the other item is item 1 7F, which is the mandatory non-residential recycling ordinance, which much work has been done in the county, and the Chamber of Commerce, the Zero Waste Collier County group have been working on this for years. It's the type of issue that we want to all get behind and promote. And I think to miss the opportunity to make it part of the agenda, get it out in front of the people today is a bit puzzling. I would -- I would request that that agenda -- that item be put on the open agenda so that the county can make their presentation, we can make comments on it. It looks to be a pretty good effort, but we should take the opportunity now to discuss it and refine it or make suggestions on its refinement and to discuss how we are going to evaluate it as time moves on. Those are my requests. Thank you for your attention to my comments, and I hope you'll honor my request on behalf of the public. Thank you. CHAIRMAN FIALA: Commissioners? COMMISSIONER HALAS: I have no comment. CHAIRMAN FIALA: Make-- COMMISSIONER HENNING: Make a motion to approve the agenda as amended. CHAIRMAN FIALA: I second that motion. All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. 11 CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Very good. Passes 4-0. 12 July 27, 2004 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING Julv 27.2004 Withdraw Item 6A: Public Petition Request by Patrick J. Lee to discuss air show to be held at the Immokalee Airport in 2005. (Petitioner request.) Continue Item 10Q indefinitelv: The petitioner requests that this item be continued indefinitely. Recommendation to deny the request by Waterways Joint Venture IV for a refund of Transportation Impact Fees totaling $217,830 for the Summit Place project. (Petitioner request.) Add On Item #13A: Recommendation that the BCC serve as the local coordinating unit of government in the Florida Department of Law Enforcement's Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant, approve the Sheriff's office grant application, authorize acceptance of the grant award and approve associated budget amendments. (Sheriff Hunter's request.) Withdraw Item 16B8: Recommendation to approve exemptions and variances to the Land Development Code (sidewalks). (Staff request.) Item 16E13: Request to continue this item indefinitely. Recommendation to approve the Advisory Committees Outstanding Members Service Award Program. (Staff request.) Move Item 16F2 to 10R: Recommendation to approve three (3) Tourist Development Category "C-2" Grant Applications and Three (3) Tourism Agreements for Naples Botanical Garden $217,650; The Conservancy of SW Florida $100,000; City of Naples $50,000; Totaling $367,650 for FY 05, and approve the County-owned Museum funding request of $1,276,900, and direct staff to prepare amendment to Ordinance 92-60 to include municipally-owned museums for C-2 grants. (Commissioner Henning request.) Note: Item 8B: This item is listed correctly on the agenda index, but the backup material is incorrect in the packet. The correct backup material has been made available. Item 16A24: There are two 16(A)24 items. The backup materials for this item are correct but numbered incorrectly. The second 16(A)24 should be numbered 16(A)25. Item 16B9: Approval of this agreement is subject to the Transportation Disadvantaged Commission approval. Item 16C20: The backup material for this item was omitted from printed agenda packet. This material has been made available. Item 16D2: The executive summary incorrectly lists the proposed FY 05 BLS non- emergency transport rate at $350. The correct rate for that service is $500 per transport as correctly stated in the Resolution. 1 Item 1603: The backup material for this item was omitted from the printed agenda packet. This material has been made available. Item 16011: The backup material for this item was omitted from the printed agenda packet. This material has been made available. Item 16F14: The backup material for this item was omitted from printed agenda packet. This material has been made available. Item 17C: This item is listed correctly on the agenda index, but the backup material is incorrect in the packet. The correct backup material has been made available. Item 170: The backup material in the printed agenda packet is incorrect. The correct material has been made available. Time Certain Items Item 8B to be heard at 3:00 p.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommend that the Collier County Board of County Commissioners (BCC) approve a resolution adopting the seven year Evaluation and Appraisal Report (EAR) of the Collier County Growth Management Plan for transmittal to the Department of Community Affairs (DCA) for sufficiency review according to the procedures and criteria outlined in Section 163.3191, Florida Statutes, Evaluation and Appraisal of Comprehensive Plan. Item 10F to be heard at 1 :00 p.m. Recommendation to award a construction contract in the amount of $32,999,885 to Magnum Construction Management Corp. d/b/a MCM Corp. and reserve $2,397,500 in funding allowances to construct 6-lane road improvements and a grade separated overpass on Golden Gate Parkway generally between Airport-Pulling Road and Livingston Road, Project No. 60006, Bid No. 04-3653, Fiscal Impact $35,397,385. Item 10G to be heard immediatelv followina 10F: Recommendation to approve selection of qualified firm and award a contract under ITQ 04-3583 "Services for Collier County Road Projects" for Project No. 60006 "Golden Gate Parkway Grade Separated Overpass and Appurtenances, Bear's Paw to Livingston Road" in the amount of $2,367,811. 2 July 27, 2004 Item #2B, 2C, 2D, 2E & 2F MINUTES OF THE JUNE 8, 2004 REGULAR MEETING, JUNE 22, 2004 REGULAR MEETING, JUNE 29, 2004 SPECIAL MEETING, JUNE 29, 2004 BUDGET HEARING MEETING, AND THE JUNE 30, 2004 BUDGET HEARING MEETING - APPROVED AS ERESENIED COMMISSIONER HENNING: Motion to approve the June 8th, '04, BCC regular meeting and June 22nd, '04, BCC regular meeting; June 29th, '04, BCC special meeting; June 29th, '04, BCC budget hearing; June 30th, '04, budget -- BCC budget hearing. CHAIRMAN FIALA: Second that motion. All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Thank you. Item #4A PROCLAMATION TO RECOGNIZE AUGUST 3, 2004 AS Okay. We move on to proclamations, and Commissioner Halas, you have the privilege of giving -- of reading this proclamation to the National Night Out in Collier County. COMMISSIONER HALAS: Would Corporal Ray Erickson of the sheriffs department please step forward. 13 July 27,2004 It gives me great pleasure to read this proclamation in regards to: Whereas, the National Association of Town Watch, NATW, is sponsoring a unique nation-wide crime, drug, terrorist prevention program on August 3rd, 2004, entitled National Night Out; and, Whereas, the 21st (sic) National Night Out provides a unique opportunity for Collier County, Florida, to join forces with thousands of other communities across the country in promoting cooperative police community crime prevention efforts; and, Whereas, the Naples/Collier County N eighborhood Watch, Incorporated, plays a vital role in assisting the sheriffs department through joint crime, drug, and terrorist prevention efforts in Collier County, Florida, and is supporting National Night Out, 200 -- National Night Out 2004; and, Whereas, it is essential that all citizens of Collier County, Florida, be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime, drugs, and terrorist activity in their county; and, Whereas, deputy-community partnerships, neighborhood safety awareness, and cooperation are important themes of the National Night Out program. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that Tuesday, August 3rd, 2004, be recognized as National Night Out in Collier County, Florida, and for all citizens of Collier County, Florida, to join the Naples/Collier County Neighborhood Watch and National Association of Town Watch in supporting the 21st Annual Night Out on Tuesday, August 3rd, 2004. In addition, all citizens are invited to see on display crime fighting and emergency equipment at a county-wide event at the Coastland Center Mall on July 31 st, 2004, between the hours of 10 a.m. and 3 p.m. Done and ordered this 27th day of July, 2004, Board of County 14 July 27, 2004 Commissioners, Collier County, Florida, Donna Fiala, Chairman. And I move that we approve this proclamation. CHAIRMAN FIALA: I'll second that. CORPORAL ERICKSON: Thank you, Commissioners. CHAIRMAN FIALA: All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Thank you. (Applause.) CHAIRMAN FIALA: That sounds like a lot of fun. Are you going to have the little robot there? Oh, cool. His son's going to love the robot. Thank you. Would you like to say a few words, Ray? MR. MUDD: Let's get a photo. CORPORAL ERICKSON: Thank you very much, folks. The sheriffs office would -- CHAIRMAN FIALA: Up to the microphone -- MR. MUDD: Right by that microphone. Come on up. CHAIRMAN FIALA: There you go. CORPORAL ERICKSON: Thank you very much, folks. The sheriffs office would like to invite everybody to come on out and take a bite against crime, fight crime, and get out and meet your neighbors on Tuesday, August the 3rd. If you get a chance, come down to the mall. Marco Island, the Collier County Sheriffs Office, City of Naples and some of our other state and federal agencies will be down there to answer questions and to see if we can enlighten you on what we do here in Collier County. Thank you very much. 15 July 27, 2004 CHAIRMAN FIALA: Thank you. You do great work, Ray, really. CORPORAL ERICKSON: Thank you. Item #5A PRESENTATION BY THE UNITED STATES COAST GUARD AUXILIARY TO THE COLLIER COUNTY EMERGENCY DEPARTMENT AND COLLIER COUNTY CITIZEN CORPS FOR THE TREMENDOUS ASSISTANCE IN HELPING VOLUNTEER ORGANIZATIONS PROMOTE THE GOALS AND MISSIONS OF THE UNITED STATES COAST GUARD AUXILIARY THROUGHOUT COLLIER COUNTY. TO BE ACCEPTED BY JIM VONRINTELN, COLLIER COUNTY EMERGENCY CHAIRMAN FIALA: Okay. We have a presentation by -- or for the United States Coastguard Axillary to be read by Commissioner Coletta. COMMISSIONER COLETTA: Thank you. Could -- would Jim von Rinteln from our Emergency Management come up front, please. On behalf of the Collier County Coastguard Auxiliary of Flotilla, it is their pleasure to, through us, to present the enclosed Certificate of Appreciation to the Collier County Emergency Department and the Collier County Citizens Corps for tremendous assistance in helping our volunteer organization promote the goals and mission of the United States Coast Guard Auxiliary throughout Collier County. Matching grant funds for distribution and printing our newest edition "Hurricane Preparing Your Boat" was only possible with Collier County Citizens Corps as a working partner. In addition, the opportunity of attending various Citizens Corps seminars on disaster-related subjects has proven to be a most valued 16 July 27, 2004 asset as we dissimulate (sic) the information to the community we all serve. And on behalf of the Coast Guard and Collier County Commission, it's my pleasure, sir, to present you with this award. And we'd like to have a -- (Applause.) CHAIRMAN FIALA: Like to say a few words, Jim. MR. von RINTELN: Sure. On behalf of the Collier County Emergency Management Department and Citizens Corps, it has been a very good relationship working with the Coast Guard Auxiliary and towards the putting together of preparedness information as well as the Citizens Corps activities, not only hurricanes but with homeland security. So it's been a great relationship. We look forward to future endeavors together. Thank you. MR. MUDD: Commission -- Madam Chair, if I may indulge. Can I have the members of the Citizens Corps and the Coast Guard Auxiliary please stand? Their voluntary efforts definitely do serve this community. Thank you very much. (Applause.) CHAIRMAN FIALA: My Kiwanis buddy, Walter, is here. Aren't you the commander over there, Walter? Oh, I'm so glad you're here. Thank you. Item #5B AWARD TO SHARON DOWNEY, RSVP PROJECT DIRECTOR, FOR THE HELEN K. F ALLERT AWARD FOR EXEMPLARY SERVICES TO THE ELDERLY IN SOUTHWEST FLORIDA. PRESENTED BY LEIGH WADE, EXECUTIVE DIRECTOR, SENIOR SO~C 17 July 27, 2004 Next we move on to an award to Sharon Downey. Sharon, would you come up front, please. Good morning. Little embarrassing moment, isn't it? And you're going to have to even turn around and face everyone. MS. DOWNEY: Okay. Will do. CHAIRMAN FIALA: The Collier County Government Retired and Senior Volunteer Program which, of course, is the RSVP, is part of the Senior Corps, the network of national service programs that provides older Americans with opportunities to apply their life experiences to meeting community needs. RSVP volunteers serve in a diverse range of nonprofit organizations, public agencies, and faith-based groups. Led by Sharon Downey, the organization is seen as an effective force within Collier County . Open to the people age 55 and over in both the public and private sector, RSVP sponsors seniors to serve from a few hours a month to almost full time as volunteers. Most are paired with local community and faith-based organizations that are helping to meet community needs. The Collier County RSVP Program was recently recognized nationally as an outstanding county volunteer program -- that's quite an award -- award of the National Association of Counties Acts of Caring Awards, Ms. Downey's program was acknowledged one of the top volunteer programs in the country. Kenneth Mayfield, president of NACo, which is the National Association of Counties, said that in discussing the award, that these programs are unique partnerships between county governments and the communities. The quality of life in our communities is enhanced because of the work of our nation's counties and their volunteers. Ms. Downey is viewed as an enthusiastic, positive, inspirational ambassador for elders in Collier County. As president of the Council 18 July 27, 2004 on Aging in Collier County, she has re-energized that group as it focuses on the goal of obtaining a senior center for elders in the community. It is with great pleasure to recognize the achievements of Ms. Downey in our community and her receiving this award from Ms. Leigh Wade, executive director of Senior Solutions of Southwest Florida. Thank you very much. (Applause.) CHAIRMAN FIALA: Let us shake your hand. What a great attribute, nationally, wow. COMMISSIONER HENNING: And well deserved. CHAIRMAN FIALA: Sharon, here's a little something that I read, in case you'd like to keep that with you. MS. DOWNEY: I would. CHAIRMAN FIALA: Thank you. MR. MUDD: Get a picture. CHAIRMAN FIALA: Would you like to say a few words, Sharon? MS. DOWNEY: I think Ms. Wade is going to. CHAIRMAN FIALA: Okay, very good. Thank you. MS. WADE: Good morning. My name is Leigh Wade, and I'm with Senior Solutions of Southwest Florida, and it's certainly a privilege to come up here today and present this award to Collier County Government RSVP Program and Sharon Downey. And as you've heard, many of the efforts that that group has provided to many of the senior citizens in Collier County is so valuable to our senior citizens. It helps to prevent or delay premature nursing home placement. And it is so important to continue those type efforts. And once again, we congratulate Collier County Government RSVP program on the award. (Applause. ) 19 July 27,2004 CHAIRMAN FIALA: Yes. Now we have the auxiliary from Fort Myers that would like to present a few awards. Would you like to come forward. MR. JASKIEWICZ: Madam Chairman, members of the Collier County Board of Commissioners. I'm Walter Jaskiewicz. I'm the commander of the auxiliary station in Marco Island, and the award that Mr. Coletta presented to the Citizen Corps was on behalf of the auxiliary; however, we have my boss, the commander of the United States Coast Guard, Commander Peter Lizzao (phonetic), is here with an additional award to present. COMMANDER LIZZAO: Good morning, Madam Chair and Commissioners. CHAIRMAN FIALA: Good morning. COMMANDER LIZZAO: I have two Certificates of Appreciation that I would like to present; one to the Collier County Emergency Department and one to the Citizens Corps, so if I could have those individuals present, come forward. Over the last three years, these two departments have been donating their time and efforts in supporting the Coast Guard Auxiliary and all their efforts in building a boat ramp at Caxambas Pass, putting on a boating safety seminar for Hurricanes for Boats, and working with Capri Island fire, Naples fire, and Marco Island fire and rescue and training them in boating safety type issues. Your support is greatly appreciated, and it only enhances their ability to get it out in the public. So I'd like to present each one of you with a certificate, and it reads: United States Coast Guard, Station Fort Myers Beach, Certificate of Appreciation for Collier County Emergency Management Department for outstanding support to the missions and goals of the United States Coast Guard Auxiliary of Collier County. And the other one reads the same for the Citizens Corps: Certificate of Appreciation for Collier County Citizens Corps for 20 July 27, 2004 outstanding support to the missions and goals of the United States Coast Guard Auxiliary of Collier County. Thank you very much for your support. CHAIRMAN FIALA: Well, thank you very much. (Applause.) CHAIRMAN FIALA: Thank you. Item #6B PUBLIC PETITION REQUEST BY MR. DEL ACKERMAN TO DISCUSS PAINTING STANDARDS RELATING TO DEL'S 24- HOUR STORE ON BA YSHORE ROAD - PETITIONER TO GO And now we move on to the portion of our agenda that's public petitions. And the first one today will be a public petition request by Del Ackerman to discuss painting standards relating to Del's 24-hour store on Bayshore Road. MR. ACKERMAN: Good morning, Madam Chairman and ladies and gentlemen of the county. My name is Del Ackerman. We have a store, as everybody knows, on Bayshore and Thomasson. We've been there around the clock for 35 years. I'm the janitor and my wife Nancy is the president. With her help, we've made it around the clock. As pertaining to -- we made out four brochures pertaining to the painting of the corner on Bayshore and Thomasson. In February we had a meeting, Nancy and I, to repaint the corner. We made it charcoal and white with a red door. We painted for about three weeks. The code enforcement was going back and forth behind the store and around the store for almost six weeks. Six weeks later we get a petition in the mail that we had two weeks to repaint the building, that charcoal was not an earth tone 21 ~_.^~_.-.,_. July 27, 2004 color. So I looked down at the ground and I said, if that's not earth tone, what is earth tone? So we got some information. And by the way, we hired -- on the first page, it's called Rendon Painting Contractors. They have a license here in Collier County. They have been approved by Collier County. I contacted them, I contacted six other contractors, and I contacted six other painters. I said, what is the code enforcement for Collier County pertaining to colors? Everybody said, what are you talking about? So that covers number one. Number two, not being a painting contractor, I went to the American Heritage Dictionary. The next page, page two, any paints mixed with brown makes earth tone. The second page, also states charcoal; charcoal comes from the earth. The petition says -- I called many stores, I went to car dealers, I went to paint stores, I went all over. I said, I want an earth tone car. Well, they looked at me like I wasn't playing with a full deck. Then I broke it down, and they said anything with a brown pigment in it is an earth tone. So we painted the -- the thing that amazes me is we painted the store for six weeks. Six weeks that store was painted. Right over here to the side was the code enforcement making sure that I lowered the sign. The sign that was brought out was red and white. So we went ahead -- they watched the whole thing being done. They smiled at me. They had my coffee. Everybody had a great time. Forty-two days after, I got two weeks to take charcoal off of my building. I have never been certified in the mail. I have never received a letter certified in the mail. I have never received a letter. One of my customers handed me the complaint. It says on here that it was certified. It was never certified by the code enforcement department. I get a call every week from the code enforcement department. I never have personally sat down and had anybody -- I worked for the State of Florida. The first think you do is you bring a card in. Good 22 July 27, 2004 morning, Mrs. Smith. I'm with the State of Florida. Here's the department and here's the trouble. I have nobody come into the store and talk to me at all. I put a petition in the store. Do you feel that I should repaint the store? Because I want to follow the Collier (sic). I think you people are doing a fantastic job. All you commissioners are. But down the middle somewhere, zoning department or code enforcement, we got problems. We got problems, and you folks are trying very hard to go to Washington to get planes over here in Immokalee, and I give you kids a lot of credit. But every time you call the code enforcement as a small businessman, it takes about four hours to get an answer. And the minute you make that decision, you're immediately in trouble. The other day I was coming back from Six/L farms. I started at 951. I drove to Town Centre. I stopped counting. It scared me. Over 40 some small businesses closed in Collier County. I bet by the time I got to the corner it would have been 61. Now, we can go out of town and we can bring small businesses into Naples, but we can almost do the same thing right here in the United States. All we have to do is sit down and talk to these people, tell us what they want, and we'll do our best to go ahead and get the job for them. But if you're going to open in this town right now, your children, my children, anybody's children, if you're going to open a $100,000 building, business, by the time you get done, it's going to cost you $200,000 here in Collier County. You're going to put a certain paint, you're going to put a certain color -- I don't know if they're going to charge 25 cents for the bathrooms or not -- you're going to put bushes over here, bushes over here. And to be very honest with you, I don't think it's funny anymore. I've been here 35 years on that corner. I painted the building eight 23 July 27, 2004 times, and guess what? I've had no trouble at all. And now, all of a sudden, I'm in big trouble over charcoal and white. I have 750 signatures here from registered voters that thinks the store looks absolutely great. Code enforcement, through a telephone conversation at quarter to six at night, says I have one complaint. I went next door. I don't want to use anybody's name because I don't think it's fair to use anybody's name next door when they're not here to defend their own backyard. I went next door, there's over 200 feet of black fence. I went down the street, there's a club down there. It's blue. Blue is not earth tone. Then I went to -- down the street further is blue and gray. I'm totally confused that you would wait -- I thought the code enforcement was to help us so we could all work together. I know, Mrs. Fiala, whenever you speak you always say, let's not yell at each other. I give you a lot of credit on the radio. Let's not yell at each other. Let's sit down and talk it over. And I'll tell you, folks, my biggest problem in Collier County -- the people in Naples, all the people in Naples have been wonderful to me. I have a very, very good business. I have black people, I have white people, I have blue people, and I have tan people, and we all get along real, real fine. But there's a downfall there. Somewhere in the middle of our department, and the -- I've been -- you know, as you know, my 951 store was taken overnight. Everybody in town knows that, overnight. Now, are we doing the same thing to Del on Bayshore and Thomasson as we did on 951? I would like you to see the pictures of the whole neighborhood, because we took them, of Del's. I think it looks great. Of course, I picked the color. I might be a little prejudiced. But here's the whole corner. You see blues, grays, all the colors in the world. And I know you people are very fair. And I didn't want to go up the steps, I wanted to go to the top right away, and have you folks, in 24 July 27, 2004 the next week or so, make a decision. Because I hope one thing you do -- you're doing a fine job, and I hope you bring back the red, white, and blue in Naples, Florida, and God bless each and every one of you. Thank you very much. CHAIRMAN FIALA: Commissioners? COMMISSIONER HENNING: I was paIntIng my bedroom ceiling this morning white, and I just want to know if I'm in trouble. CHAIRMAN FIALA: Would you like to bring this back to be heard on a regular agenda, Commissioners? COMMISSIONER COLETTA: I'd like to hear from staff first, and then we can take an approach at it. I, for one, asked them to come today because of the fact that -- MR. ACKERMAN: Thanks to you. COMMISSIONER COLETTA: -- I couldn't make heads or tails out of what an earth tone color is, and the definition in the dictionary was even more confusing. At that point in time -- I, of course, one commissioner, I can't do anything, so I asked if he would consider coming under public petition. CHAIRMAN FIALA: Okay. MS. ARNOLD: For the record, Michelle Arnold, code enforcement director. I just want to read for you what the code actually says. The use of black, gray, fluorescent, primary colors and/or secondary colors is prohibited as the predominant exterior building or roof color, and that's what we've addressed, because it's the predominant color on the building. And then it goes on to say that earth tone colors are encouraged. I have discussed with the planning department whether or not that there is a variance process that Mr. Ackerman can go through. I've been advised that that's not the case. But we're just merely enforcing the code. His building, as you can see from the photos that he's passing around -- I'm assuming that's what he's passing around -- 25 July 27, 2004 is primarily black with white trim. COMMISSIONER COLETTA: Did you say it was strongly suggested or is actually the code? MS. ARNOLD: With respect to the black, it is expressly prohibited as a primary color. CHAIRMAN FIALA: Commissioners, we can't make a decision on this anyway today because this is the under the petition form. Would you like to bring it back? COMMISSIONER COLETTA: I would. COMMISSIONER HENNING: Commissioner? CHAIRMAN FIALA: Yes. COMMISSIONER HENNING: Why don't we direct the county manager to see if he can resolve this issue, and if not, bring it back to the Board of Commissioners? MS. ARNOLD: This is something actually going before your Code Enforcement Board. COMMISSIONER HALAS: That's where it needs to go. COMMISSIONER COLETTA: You say it has or it's going to? COMMISSIONER HALAS: It's going to. MS. ARNOLD: It's scheduled to go in August. COMMISSIONER HENNING: Oh. Well, if it goes before the Code Enforcement Board, it will never come back to the Board of Commissioners. MS. ARNOLD: That's correct. COMMISSIONER HENNING: Yeah. And I have a concern with that. I don't know if this is really offensive. It's been a couple months since I've been out that way, and I didn't take -- MR. ACKERMAN: Commissioner Henning, the thing that shocks me is, I know what the code is. But I'll tell you, when I found out about the code, the code enforcement people were behind that building for three weeks going back and forth every day. If this was so -- and I'm sure Mrs. Arnold is telling the truth -- 26 July 27, 2004 why wasn't this job stopped immediately? They were in front of the building putting up the sign. Mrs. -- what's the lady's name? Mrs. Crowley was standing right there with me as it was being done. She approved the sign. She improved (sic) the square flowers down below. Why didn't they -- I thought they were on our team. Why didn't they stop that paint immediately? Seventy-five gallons went on that building. Why wasn't it stopped immediately? CHAIRMAN FIALA: Well, we can't guess at that, you know. That's a -- but, you know, this is something -- the Code Enforcement Board is going to hear it in August; is that the case? MS. ARNOLD: Yes. I mean, I'd refer to the county attorney's office with respect to, you know, how do you address something that's in the code and exempt them from that? CHAIRMAN FIALA: I'm sorry. Say that one more time. MS. ARNOLD: Well, I guess the question that's being posed is, rather than it go to the Code Enforcement Board, that the board should consider it. And I guess I'm turning to the county attorney's office to see what process we can go through. MR. WEIGEL: Okay. And I think you know the answer. MR. ACKERMAN: Are the other buildings being taken under jurisdiction also, all the other buildings that are wrong on the street and the fence next door to me that's been up for two years, black? MS. ACKERMAN: Wal-Mart's gray. CHAIRMAN FIALA: County Attorney? MR. WEIGEL: Okay. Well, we've got a couple issues here, and one is, as been stated by prior commissioners when this comes up, that, for instance, if there is one -- one potential error before the law and the staff, or a police officer doesn't stop everybody who's speeding, do they have the ability to stop the one person that's speeding, is the analogy that's been used in the past. The fact is, unless there's a situation that may be shown or not 27 July 27,2004 shown before the Code Enforcement Board of a discriminatory practice -- which is actually not what the Code Enforcement Board is supposed to be reviewing, but the application of the code to a particular property or use of property before it -- the fact is, is the matter mayor may not come to a, call it a successful conclusion on behalf of Mr. Ackerman at the Code Enforcement Board. If the Board of County Commissioners here were to determine that this is a matter that should come back, it appears to me that what the board would be saying is, as a -- as a matter, generally, that the regulation, which has come into issue here, is a regulation which this board wants to consider further before code enforcement applies it to Mr. Ackerman's property or anyone else's property, and that ultimately would require a change in the land development code. But the staff, of course, applies the code as it exists at a particular point in time, and as you have known for a period of years, more often than not, operates on a complaint-based standard in the sense that they do not have the staffing and the ability to be proactive throughout the county in a uniform total way. And so that's the way they have operated, and that's the way that has been accepted by the board significantly for a long period of time. In this particular case, if the board wishes this matter to come back before the Board of County Commissioners, it's running a parallel course to a viable action that is in -- with the Code Enforcement Board. And it's this very type of situation that this board has attempted to reduce or prevent by having a Code Enforcement Board take over these responsibilities in the first place and make these kinds of decisions. Which, again, we don't know what the decision is going to be with the outcome. We do know that the Code Enforcement Board is faced with the standards that the Board of County Commissioners and the staff created heretofore and the application or interpretation of those standards by code enforcement staff. 28 July 27, 2004 Mr. Ackerman will have the opportunity with the Code Enforcement Board, when and if that hearing comes up, to indicate, argue, and illustrate all of the reasons why, in fact, this is inappropriate or -- an inappropriate application of an otherwise reasonable standard to his property or to indicate that the standard is unreasonable itself. Although the Code Enforcement Board is not in the -- is not in the business of determining what is reasonable and unreasonable, but taking the plate that's given it, meaning the regulations that exist, and applying them to facts before it in a particular property. Ultimately, if you're asked to bring this -- or direct to bring this back before you, I think we'll find ourselves in a somewhat difficult position of trying to determine -- well, if it comes back to you at the next meeting, the Code Enforcement Board will already have acted one way or another, so you would have an opportunity to weigh the situation at that point in time. You'd probably have the opportunity to give the staff direction in regard to changes in the law. And ultimately, however, though, there is no direct appeal to the Board of County Commissioners from the Code Enforcement Board. Any appeal of the property owner is to the court at that point in time. We, the county, have gone to the court when we've felt that the Code Enforcement Board has made a determination that's not in the interest or appropriate to the county. We did not have the opportunity to come back to you. An example being the guardhouse. CHAIRMAN FIALA: Thank you, David. Commissioner Halas? COMMISSIONER HALAS: I think that we should let it go through its normal process and let it go through the Code Enforcement Board. And I think that my interpretation of earth tones are anything that are light gray or light brown. That's earth tone colors. Not black. And I think that that determination will be -- will be hashed out 29 July 27, 2004 when it goes before the Code Enforcement Board. I think that's where it needs to go from here, then we'll determine what the next step is. CHAIRMAN FIALA: Any other comments? COMMISSIONER COLETTA: No. CHAIRMAN FIALA: Okay. Fine. You'll be going before the Code Enforcement Board. And just keep us apprised of that and -- MR. ACKERMAN: Okay. Appreciate it so much. CHAIRMAN FIALA: Thank you very much. I have your pictures in here if you'd like to take that back. MR. ACKERMAN: Okay. Thank you. COMMISSIONER COLETTA: We're going to need one set for the records. CHAIRMAN FIALA: Yes. Item #6C PUBLIC PETITION REQUEST BY HERMAN HAEGER TO DISCUSS OPERATIONAL COSTS IMPOSED BY COLLIER COUNTY CODE ENFORCEMENT BOARD - PETITIONER ABSENT Okay. And we move on to public petition request by Herman Haeger to discuss operational costs imposed by Collier County Code Enforcement Board. Is that person here? (No response.) CHAIRMAN FIALA: Ok MR. MUDD: Again, let's -- this is item 6C. This is a public petition request by Herman Haeger to discuss operational costs imposed by the Collier County Code Enforcement Board. Is Mr. Haeger here? (No response.) 30 July 27, 2004 MR. MUDD: Ma'am, Mr. Haeger is not here. CHAIRMAN FIALA: Okay, fine. Thank you very much. Item #6D PUBLIC PETITION REQUEST BY MR. DAVID E. BRYANT TO DISCUSS LEL Y COMMUNITY DEVELOPMENT DISTRICT/SECURITY RESOLUTION - TO BE BROUGHT BACK And the next petition is a request by David E. Bryant to discuss Lely Community Development District's Security Resolution. MR. BRYANT: Good morning, Madam Chairman, members of the board. I'm David Bryant. I'm the district counsel for the Lely Community Development District. The reason this matter is on this morning is that it was determined that after approximately 10 years, the Lely CDD had been doing something it had never actually received authorization from the county to do, which Chapter 190 requires. As the resolution and the executive summary that I proposed sets out, the CD D has contracted with various law enforcement agencies, such as the sheriffs office and now the Florida Highway Patrol through the State of Florida and with Wackenhut, to provide additional security within the CDD. The Wackenhut people basically just drive around and have a presence in the area and mainly make sure people stay off the horses at the entrance, which have ben vandalized over and over and over agaIn. In fact, the Stock Development Company just let a contract for over $30,000 to try to repair some of the damage that has been done to the horses by people crawling all over them, getting on them, and wanting their picture made, or just sitting on the horses. 31 July 27, 2004 And according to the local Chamber of Commerce, the horses are the number two tourist attraction in Collier County. The first being the pier. And the ambiance of the community and the attitude of the residents and also Stock Development was to make those horses look like they were supposed to with the lighting and the misting that they originally had, but has not been able to be done lately because of the damage to them. So that's one of the things that the Wackenhut people do. Florida Highway Patrol provides off-duty officers through a contract to have a presence in the community and also to deter speeding. On Wildflower Way that comes out of the school, we have a terrible speeding problem. But with the FHP presence, that has been reduced. So all we're doing is asking the board to authorize the CDD to do something it's been doing for 10 years that had made the residents of the CDD very happy, caused no problems, solved problems, and is funded totally from CDD funds and no funds from the county. And all the residents of the CDD want to do is do it the right way. Why it was never asked for 10 years ago, I can't tell you, other than it was just done and it's been done and been done, and nobody has ever questioned it. But now that we have a new board of supervisors who are all residents, they said, let's do this the right way, go get the approval for something we've been doing, and there will be no controversy. That was what we thought. And we thought that everybody would be in agreement that this is something that the residents fund, take care of their own problems, and help alleviate some of the problems for the sheriffs office in coverage Issues. So that's why we're here. And we'd request that this matter come back. We thought we could go on the consent agenda originally 32 July 27,2004 because we thought it would be totally noncontroversial. Mr. Weigel had some questions about it. He and I met. He was kind enough to discuss it with me. I think we have resolved those. And by the time we come back to the board, that mat -- his concerns will be totally resolved. So I would respectfully request this matter be put on the agenda at whatever's convenient for the board to look at the resolution and hopefully approve it for residents of the CDD. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: The only concern, I think there was some members of staff that were concerned that this might be the start of another Foxfire, and so I think that's why it was not put on the consent agenda. So we want to get a clarification. If you could be a little more -- maybe a little more clear in exactly what your interpretation is of making sure that there's no vandalism on the horses. I hope this doesn't mean that there would be a gatehouse there or anything of this nature, because I believe those roads there belong to the county. So if you could enlighten us just a little bit on that. MR. BRYANT: Thank you, Commissioner Halas. That's exactly right. No, there's no gatehouse, no barriers. We want the public to have free and unfettered access. And I can appreciate the gatehouse issue in your area. I represented the county in that matter when I was in the county attorney's office, and I appreciate the concerns there. The CDD understands that the roads are public, most of them. There are some private roads in the area, and those have been gated by the developer, and they've never been under county authorization or maintenance requirements. But as far as the main thoroughfares and transportation arteries through the community, those are county roads, and no, there's going to be no gatehouse, no barbed wire, no Constantino wire, no nothing. It's just a matter of having the presence of the additional security for 33 July 27, 2004 the residents in the area. Because one of the problems that we've had in the area have been a lot of burglaries of construction sites, which is a common problem throughout the community. But also in an area where you're having a lot of building, it has been an issue there, and that's another reason that the developer has been very responsive and supportive of this matter also. COMMISSIONER HALAS: Okay. I had one other question and that pertains to, would we give you the authority or we give the CCD (sic) there the authority whereby they could stop people that were going through that area, or would that be mandated by the sheriffs department, the roads that would be open to the county? MR. BRYANT: No, sir. We don't stop anybody. COMMISSIONER HALAS: Okay. MR. BRYANT: The only people that are stopped are ones that the Florida Highway Patrol has determined either are violating the law through some type of criminal statute or there's a traffic enforcement matter. That's the only people that get stopped. As far as unfettered access, there's total unfettered access in that area. In fact, one of the problems we've had in -- and Commissioner Fiala's been kind enough to facilitate some of our concerns -- is that we have had a lot of dump truck traffic through the main arteries in the community by people cutting through from 951 over to 41, especially when the intersection was under construction at 41 and 951, but that has been alleviated somewhat because of the improvement to the intersection. But no, there's no problem with anybody being stopped, except those people that are breaking the law. CHAIRMAN FIALA: Commissioners, I think that I would like to just bring this back and put it on a regular agenda, if that would be all right with you, and we can move on to the next item. COMMISSIONER HALAS: Approve of that. CHAIRMAN FIALA: Would that be okay? 34 July 27,2004 Commissioner Henning? COMMISSIONER HENNING: The -- it seems to me you don't -- it appears to me you don't have to ask the Board of Commissioner's approval to provide a security system in the CDD. MR. BRYANT: I can appreciate that, Commissioner Henning, and that's what the board thought, but Chapter 190 specifically says -- and you can ask Mr. Weigel because he and I have discussed this. If we want to do what we've been doing for 10 years, we should have received the authorization from the board before we did it. COMMISSIONER HALAS: You're out of compliance. CHAIRMAN FIALA: Okay. So we -- everybody's in agreement to bring it back? COMMISSIONER HALAS: Yes. CHAIRMAN FIALA: Thank you, Mr. Bryant. Sorry to move it on but-- , MR. BRYANT: Yes. CHAIRMAN FIALA: -- we're trying to move the meeting along. MR. BRYANT: Thank you. I appreciate it. MR. MUDD: Madam Chair? Madam Chair, if I can interject real quick. We'll work with Mr. Bryant to make sure that the 190.012(2)(D) section has some caveats in it so that it doesn't -- the board doesn't give him the unfettered right to gate that community. Because the way the resolution reads, it basically delegates the CDD the entire right to that particular section. And I read, that section says, security, including but not limited to guardhouses, fences, and gates, electronic intrusion detection systems and patrol cars when authorized by proper government agencies, except the district may not exercise any police powers, and then it goes on. So we just want to make sure that we've got some clarity in the resolution that basically says that it can't turn out to be a gated community because of that delegation of right to the CDD. And we'll get that squared away, ma'am. 35 July 27, 2004 CHAIRMAN FIALA: Thank you very much. MR. BRYANT: And I appreciate Mr. Mudd's comments. And there's never been a desire to gate that area. And if he had discussed that with me, I'd be more than glad to assuage his fears of that, because that has never been the desire of the community to gate those roads that are open to the public. CHAIRMAN FIALA: Thank you very much, Mr. Bryant. We'll see you at a meeting soon, right? Sometime in September? MR. MUDD: Yes, ma'am. Let's try to do it the 28th instead of the 14th. CHAIRMAN FIALA: That's a good idea. MR. BRYANT: That's fine. CHAIRMAN FIALA: Okay. Thank you very much. Item #7 A RESOLUTION 2004-239 - V A-2004-AR-5798, RICHARD RUNDLE, REPRESENTING JIM AND CONNIE ADAMS, REQUESTING TWO VARIANCES FROM PUD ORDINANCE 82- 80, IMPERIAL WEST PUD FOR A PROPOSED SINGLE FAMILY RESIDENTIAL STRUCTURE: A 1.8 FOOT VARIANCE FROM THE REQUIRED 20 FEET SEPARATION BETWEEN PRINCIPLE STRUCTURES OR ONE HALF (1/2) THE SUM OF THE HEIGHTS OF THE ADJACENT STRUCTURES, WHICH EVER IS GREATER, TO 18.2 FEET ON THE EAST SIDE OF LOT 46 PARK PLACE WEST AND A FOUR FOOT VARIANCE FROM THE REQUIRED 20 FOOT SEPARATION TO 16 FEET ON THE WEST SIDE OF LOT 46. THE PROPERTY TO BE CONSIDERED FOR THE VARIANCE IS LOCATED AT 1155 IMPERIAL DRIVE, FURTHER DESCRIBED AS THE LOT 46, PARK PLACE WEST, IN SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, 36 July 27,2004 Now we move on to the Board of Zoning Appeals, item number 7. With this item, all participants must be sworn in and ex parte disclosed. Could we swear in anybody who wishes to speak on this item, 7A? (The speakers were duly sworn.) CHAIRMAN FIALA: Okay. Commissioners, starting with Commissioner Halas, do you have any ex parte to disclose? COMMISSIONER HALAS: On 7 A, zoning, I have no disclosures. CHAIRMAN FIALA: Okay. Commissioner Coletta? COMMISSIONER COLETTA: I have none either. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: No. CHAIRMAN FIALA: Nor do 1. So we can move on. Let's see. Will staff be presenting first? MR. ADAMS: Okay. Good morning, Commissioners. My name is Jim Adams. This is concerning a variance that we're petitioning the commission for. My wife and I own Lot 46 in Park Place West up in North Naples. We were denied a permit due to the lack of 20 feet between the homes. When we purchased the lot and when we designed the home for the lot, which is a detached villa under 1,700 square feet, we set it up so that there would be 10 feet between the edge of the home and the property line. The permit was denied because the -- there was not 20 feet between the homes. Lot 47 was only six feet from their line to their home, so we kind of got squeezed in the middle. We're seeking relief from this -- from the -- from the commission. It has been approved through the staff. It was approved 37 July 27,2004 on July 15th from the Collier County commission, planning, and I am asking you to grant us relief so that we can build a home that will match with the integrity of the neighborhood. It's a -- like I say, we're just -- we're just squeezed there because the home on Lot 47 was only six feet from their lot line to their home. We are in accordance with the architectural review board -- architectural review of Park Place West which does state that it's 20 feet from other buildings or 10 feet from each side, and do maintain that. On the east side we are asking to put a bay window in, which each of the other lots have the same. And like I said, it has been approved by the architectural review board of Park Place West, from the staff and from the Planning Commission. So briefly -- I know you want to move along -- but I would ask if there's any questions, I'd sure like to answer them, and I'd just ask for your relief. CHAIRMAN FIALA: Staff? MR. DeRUNTZ: For the record, my name is Mike DeRuntz. I'm the principal planner with the Zoning and Land Development Review Department. This property is located in Imperial Place. There was -- this area was approved as a PUD initially in 1982 with multi-family and cluster housing as a permitted use. In 1987, that PUD was amended to add group and zero lot line homes. The final plat for Imperial Place was approved in '98 (sic), then amended to identify it as Park Place West in 1990. In 1995, the -- a subdivision master plan was approved, and single-family homes were being developed. And as you can see on the illustrator, that the homes along the southern part of Park Place West is -- these homes were being developed and they were being developed with a 20- foot separation between the buildings. And as these were built, they became shifted from the west to the 38 July 27,2004 east so that they weren't centered on the property, being 10 feet on each side of the property line. And as such, these homes were being shifted to the east, and Lot 46 is -- was undeveloped, and the Adams are proposing to build a home on it. In the meantime, the houses on 45 and 44 were built, and they were sitting more or less centered on their property. So a lot -- the end result is that Lot 46 is being pinched and put -- for them to be able to put the standard home as compared with the other houses, he's left to come before -- and ask for a variance. He's 16 feet on the west side of his property between the two structures, and 18.2 feet on the east side between the two -- the existing residential structure and his proposed structure. The Planning Commission has reviewed this and it recommended approval for the proposed variances on the west side and east side of the property line. Vote was 4-1. The concern was, by the dissenting vote, about balancing this out more to the distance between the two structures -- or structures on both sides. That would require another petition and so forth. We just can't make those changes at the board -- CHAIRMAN FIALA: So staffs recommendation is? MR. DeRUNTZ: Staffs recommendation is that there is -- for approval. We believe that the existing separation provides enough distance between the structures for light, area, and safety. CHAIRMAN FIALA: And CCPC agreed with that, correct? MR. DeRUNTZ: Yes -- yes, ma'am. CHAIRMAN FIALA: Okay. Commissioner Halas? COMMISSIONER HALAS: Is the home presently built? MR. DeRUNTZ: No, sir. COMMISSIONER HALAS: What would be the square footage difference if you downsized the home so that the home would fit the lot and we wouldn't have to worry about the variances? MR. DeRUNTZ: The existing homes in that area are aroundh 39 July 27, 2004 2,600 square feet. To eliminate the bay and to reduce the four foot on the one side, entire length of the building, you would be eliminating around 600 square feet. And so this house, it would make it significantly narrower than the other homes and significantly less than the other homes in the area. COMMISSIONER HALAS: But in the stipulation, your recommendation, you're stating that if the residential dwelling structure is destroyed for any reason or to the extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, all reconstruction of the accessory structures must conform to the provisions of the land development code. Why don't we just do it now? It's not built. Let's get it in compliance. MR. DeRUNTZ: The Planning Commission recommended that that condition not be incorporated into the resolution. COMMISSIONER HALAS: Why? MR. DeRUNTZ: Because they felt that that would be undue hardship and -- COMMISSIONER HALAS: There's no hardship. MR. ADAMS: Commissioner Halas? The home that we are planning to put up is 1,666 square feet. By knocking it down, or by moving it or reducing it, it would bring us well -- I mean, it would probably bring us down 12- or 1,300 square feet, and the minimum is 1,600 feet for that area. It totally meets the integrity of the community and it still -- COMMISSIONER HALAS: But why would we have the stipulation saying that if the structure was damaged that it'd have to be -- it would have to be brought back into compliance of the existing land development code? I don't understand it. It's -- MR. DeRUNTZ: That condition was stricken. What's in the resolution now -- COMMISSIONER HALAS: It's right in my material here. 40 July 27, 2004 MR. DeRUNTZ: If it's in the resolution, it should not be in there. The Planning Commission recommended that -- the only condition was the specific of the variance requested. COMMISSIONER HALAS: How did we get into this predicament to start with? MR. DeRUNTZ: The property owner wanted to build a home on the -- COMMISSIONER HALAS: No, no, no. I mean, if we -- if the -- if it's plotted accordingly where we had 20 feet on each side and we start at one end and somebody decided to -- the developer decided -- some body's got to be held accountable here. And then what do you do on the other end? We ended up with putting the homes symmetrically placed on the piece of property; is that correct? One end that was offset, the other end it was symmetrical. Then we end up with one piece of property in the center, and now we've got a dilemma, because something wasn't followed, and I don't understand why we have these problems. MR. DeRUNTZ: Well, ideally, they would have followed the master plan to show the 20- foot separation between each of the structures. And at -- at some point when the homes on Lot 44 and 45 were built, they centered the houses on the lots and not had those shifted. They met the setback requirements or separation requirements between those structures, but it caused this bind on Lot 46 now. COMMISSIONER HALAS: But doesn't the county have any control over, when they set the parameters of this PUD, that the houses should be centered on this piece of property so that you don't run into a conflict like this? MS. MURRAY: Good morning. Susan Murray, director. Part of the problem with the way the regulations are structured in this PUD, Commissioner, is that it calls for a building separation distance. It doesn't call for a distance between property lines. 41 July 27,2004 So when you end up getting undeveloped lots or lots developed one piecemeal at a time, there's nothing to ensure that the separation is maintained between buildings when there's no building on the other side. Ideally, yes, you should have -- and I hear what you're saying. Ideally it -- the regulation probably should have stated 10 feet side yard setback to maintain the 20 feet, but there's nothing to -- once one house was approved in error, then it started a domino effect down the road. The second part of your question I wanted to answer was the stipulation with respect to the buildback, and that is a pretty standard stipulation that we keep in all our variances; however, I think in this case there really are going to be some practical difficulties if we attempt to apply that stipulation. And I recognize that was in your package, and it should not have been, and the Planning Commission also recognized that this would just not be an appropriate stipulation in this case due to the practical difficulties of building on the lot. COMMISSIONER HALAS: But we're still ending up where we have to have two variances to accomplish the task of building this house. There's got to be two variances on this thing, one is four foot and one is, what, 1.8 foot? MR. ADAMS: That was for a bay window. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Thank you. A couple of questions, if I may. Have any of the neighbors raised any objection to this? MR. DeRUNTZ: Yes, sir. The neighbor on Lot 47, Mr. Cocklin, has contacted me by phone. He lives -- and also had sent me correspondence, and that's included in the staff report. The-- objecting to the variance request. He would like to see the 20-foot separation remain between structures. The -- that's the only -- 42 July 27, 2004 COMMISSIONER COLETTA: Is this the gentleman that has the house closer to the property line? MR. ADAMS: Yes. COMMISSIONER COLETTA: So in other words, he should have had a variance to begin with and he doesn't, but he wants his neighbor to have it? MR. ADAMS: Exactly. COMMISSIONER COLETTA: I'm a little confused. So I can understand why his objection would exist. Is there something in the general neighborhood where a number of people have spoken up in opposition to this? MR. DeRUNTZ: No, sir. CHAIRMAN FIALA: Do we -- COMMISSIONER COLETTA: Okay. Just a couple more points. CHAIRMAN FIALA: I'm sorry. COMMISSIONER COLETTA: This is gOIng to requIre a supermajority, four votes, right? MR. WEIGEL: No, no. COMMISSIONER COLETTA: And just about everything that has happened on this agenda that requires a supermajority has been pulled for the very reason there's only four commissioners sitting up here. MR. DeRUNTZ: It's three votes, sir. MR. MUDD: Three votes, sir. COMMISSIONER COLETTA: Three votes? MR. MUDD: Yes, sir. COMMISSIONER COLETTA: Okay. I make a motion for approval. CHAIRMAN FIALA: Second. All those in favor, say aye. COMMISSIONER COLETTA: Aye. 43 July 27, 2004 CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed? COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Okay. So we have that as a 3-1. You are approved. You know, I really agree with this, because I feel that he needs to be a part of the neighborhood. He can't look odd in the rest of the neighborhood. I don't think the neighbors would be happy to see something that is -- that is smaller. But we'll move on to the next one. Oh-- COMMISSIONER HALAS: I just want-- CHAIRMAN FIALA: -- I didn't close the public hearing. I'm so sorry . COMMISSIONER HALAS: We'll take the vote over. MR. WEIGEL: That's actually -- that's actually not what I was calling about. You've effectively closed the hearing by taking the vote, so you don't need to go back at that. But for clarification of the vote taken, it approves the variance, but does it also include removing the buildback restriction that was there? CHAIRMAN FIALA: Yes. MR. WEIGEL: I want to make sure. COMMISSIONER COLETTA: To remove it, right. MR. WEIGEL: Okay. Thank you very much. CHAIRMAN FIALA: Okay. Commissioner Halas? COMMISSIONER HALAS: I want to say the reason I feel for you, I understand where you're coming from, sir, but we've been running into this constantly where we always have to, after the fact, but in this case it's not after the fact, but we're always involved with the variances. 44 .....~._"... July 27, 2004 And I'm hoping that some day we can get everything straightened around so that we don't end up with four-foot variances or anything any greater than that. We're running into -- in this case you have to have two variances in order to accomplish whatever you need to do on this piece of property. And I'm hoping that in the future that staff has a closer eye on what's going on in regards to building here in Collier County. Thank you. CHAIRMAN FIALA: Thank you. MR. ADAMS: Thank you very much. CHAIRMAN FIALA: Thank you, sir. Item #8A ORDINANCE 2004-53 ESTABLISHING THE QUARRY COMMUNITY DEVELOPMENT DISTRICT (CDD) PURSUANT Now we move on to the advertised public hearings. I'll try and remember to close the public hearing after each one of these things. MR. MUDD: This is 8A. This is a companion item to 10J. This item is continued from the June 22nd, 2004, public hearing to consider adoption of an ordinance establishing the quarry community development district, CDD, pursuant to section 190.005, Florida Statutes. Mr. Stan Litsinger will present. MR. LITSINGER: Good mornIng, Madam Chairman, Commissioners. COMMISSIONER HENNING: Anybody have any questions? CHAIRMAN FIALA: No. COMMISSIONER HENNING: Motion to approve. COMMISSIONER HALAS: I second it. 45 July 27, 2004 CHAIRMAN FIALA: All those in favor? COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed? Aye. Pardon me? Oh, and we have to close the public hearing. Next time if anybody wants to jump in, first let's close the public hearing so that then we can vote on this legitimately. Okay, fine. And after the fact, I'm closing the public hearing. Did we have speakers or anything on this item? MS. FILSON: No, ma'am. This was 8A, right? CHAIRMAN FIALA: Yes. Thank you very much. So that's a 3-1. MR. LITSINGER: Thank you. CHAIRMAN FIALA: Donna Fiala opposed. Thank you. MR. MUDD: Ma'am, the next item is 8B, but that will be heard at three p.m., Time certain. Item #8C PETITION PUDZ-2003-AR-4250: GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT AND WATERWAYS JOINT VENTURE IV, REQUESTING A REZONE FROM THE RURAL AGRICULTURAL (A) ZONING DISTRICT, TO ALLOW DEVELOPMENT OF A FIRE STATION WITH A 135-FOOT HIGH COMMUNICATION TOWER AND A 75-FOOT HIGH TRAINING FACILITY, AND SIXTEEN (16) SINGLE-FAMILY ATTACHED DWELLINGS (INCLUDING TOWNHOUSES INTENDED FOR FEE SIMPLE CONVEYANCE INCLUDING THE PLATTED LOT ASSOCIATED WITH THE RESIDENCE) AND CUSTOMARY ACCESSORY USES. PROPERTY IS LOCATED ON THE WEST SIDE OF COLLIER BOULEVARD (C.R. 951), APPROXIMATELY 46 -,-- July 27, 2004 340 FEET NORTH OF WOLFE ROAD, IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.38 _ + ACRES. - MOTION TO So the next item is 8C. The petitioner has requested that this item be continued indefinitely. That brings us to 8D, which is a -- let me ask a question of the county attorney's office real quick. David, under 8C, do we need a vote from the board because the petitioner wants to continue this indefinitely? Because it was scheduled to be continued for today and advertised. MR. WEIGEL: Jim, refresh me. Was that on part of the agenda comment that you had at the beginning of the meeting? MR. MUDD: I don't believe so. I don't -- it basically said that __ no, it wasn't. MR. WEIGEL: Okay. Then the board would need to take a -- COMMISSIONER HENNING: Motion to approve. MR. WEIGEL: Well, motion-- COMMISSIONER HALAS: Second. MR. WEIGEL: -- motion to continue of that or-- COMMISSIONER HENNING: Motion to approve, to continue MR. MUDD: To continue indefinitely. COMMISSIONER HENNING: -- indefinitely. CHAIRMAN FIALA: We have a motion to approve, to continue indefinitely by Commissioner Henning and a second by -- COMMISSIONER HALAS: Commissioner Halas. CHAIRMAN FIALA: -- Commissioner Halas. All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. 47 July 27, 2004 CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: And that's item 8C, by the way. MR. MUDD: Yes, ma'am. Item #8D RESOLUTION 2004-240 APPLYING THE ANNUAL MID-CYCLE INDEXING ADJUSTMENTS TO AMEND THE PARKS AND RECREATIONAL FACILITIES IMPACT FEE RATE SCHEDULE, WHICH IS SCHEDULE THREE OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES (COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE NO. 2001-13, AS AMENDED) PROVIDING That brings us to 8D, which is a recommendation for the adoption of a resolution applying the annual mid-cycle indexing adjustments to amend the parks and rec. 's facility impact fee rate schedule, which is Schedule 3 of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances, which is also the Collier -- which we call the Collier County Consolidated Impact Fee Ordinance number 2001-13, as amended, providing for an effective date of August 2, 2004. COMMISSIONER HENNING: Motion to approve. MR. MUDD: Amy Patterson will present. COMMISSIONER COLETTA: Second. CHAIRMAN FIALA: I have a motion to approve by Commissioner Henning, and a second by Commissioner Coletta, but first I must close the public hearing. 48 _.-" July 27,2004 So we have no speakers? MS. FILSON: No, ma'am. CHAIRMAN FIALA: Okay. The public hearing is closed then. Again, I have a motion to approve by Commissioner Henning, second by Commissioner Coletta. All those in favor, say aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (N 0 response.) CHAIRMAN FIALA: So that is a 3-0 to the positive. MS. PATTERSON: Thank you. CHAIRMAN FIALA: Okay. Item #8E ORDINANCE 2004-54 AMENDING THE COUNTY'S RECENTLY RECODIFIED LAND DEVELOPMENT CODE (LDC aka UDC) TO CORRECT SCRIVENER'S ERRORS PRIOR TO FINAL PUBLICATION AND TO AMEND EXISTING AND STILL EFFECTIVE LDC PROVISIONS PERTAINING TO POLITICAL SIGNS AND CHARITABLE SOLICITATIONS IN ROAD RIGHTS =Û.F - WAY - A DO.EIED MR. MUDD: Next item is 8E, and this is -- documents for this item are available for review in the zoning and land review department, and they're also out on the desk and in the BCC office. It's a recommendation to approve an ordinance amending the county's recently recodified land development code, LDC, a/kla the unified development code, to correct a scrivener's error prior to final publication and to amend existing and still effective LDC provisions 49 --- July 27, 2004 pertaInIng to political signs and charitable solicitations in road right-of-way. And Mr. Patrick White will present. MR. WHITE: Good morning, Commissioners. Assistant county attorney, Patrick White. CHAIRMAN FIALA: Patrick, may I first ask you, do -- is this for a four -- do we need a supermajority on this or a simple majority? MR. WHITE: There are provisions within here that do pertain to the uses, and if you're going to consider them as a package with one motion and vote, then you do need a supermajority. CHAIRMAN FIALA: Okay, fine. Thank you. PATRICK WHITE: Assistant county attorney, Patrick White. And I've reviewed the Affidavit of Publication for this hearing today and found that it's legally sufficient. I will separately provided it to our record-keeping folks for their record-keeping. The matter that you have for your consideration today, Commissioners, in part, flowed from your continuation from the June 22nd meeting, and that was the political sign piece. My understanding is that you've all been contacted by Mr. Carpenter from the Supervisor of Elections and had an opportunity to discuss whatever issues you may have had with that. And if there are none, we'll move on to the second piece of this, which is the other matter that you directed at your June 22nd meeting, that pertaining to charitable solicitations. You will have a subsequent item in your agenda today that will be the actual operative fix for that. This was just a slight change needed in the LDC to accommodate that anticipated change. And then lastly, the part that you have in this ordinance are those things that are the scrivener's error changes that we told you about June 22nd, and even prior to that, that we recognized were going to be coming forward as we started to utilize and implement the UDC. So there are a limited number of minor changes in that regard in 50 July 27, 2004 this ordinance. And, in fact, in that continuing process, there are a couple of matters that came to our attention after we'd originally sent this through as part of the novice agenda package, and that's why you have a hard copy that should have red text in it in a few places. If you have any questions about any of those, I'll be happy to address them. The most substantive of them is probably with respect to section 8, the back of the ordinance pertains to a finding of fact, and that, in fact, is intended to create an even thicker fire wall with respect to concerns about, perhaps, Bert Harris or other effective dates, that were in the existing -- that are in the existing LDC, and that we want to preserve and maintain without them being changed by the readoption and recodification of the land development code. So if there are no issues about that somewhat arcane legal point, I'd be happy to address any other concerns you may have, if I may. CHAIRMAN FIALA: Commissioner Coletta? MR. WHITE: Yes. COMMISSIONER COLETTA: If I may clarify everything. These suggestions that are coming forward in this align themselves with the elections office? MR. WHITE: Yes, absolutely. COMMISSIONER COLETTA: Okay. So I -- because I have great concerns over the way the law is presently written in the fairness of it for upcoming residents that may wish to run for public office. MR. WHITE: I believe Mr. Carpenter's here, and if you want to hear it from him, certainly we can ask him to come forward. But my understanding -- CHAIRMAN FIALA: He's a registered speaker, so we could hear from him now, if that's okay. COMMISSIONER COLETTA: That'd be great. MR. WHITE: Okay. If you have no other questions, I'll step aside. Thank you. CHAIRMAN FIALA: Registered speakers? 51 July 27, 2004 MS. FILSON: Yes, ma'am. One -- we have one, David Carpenter. MR. CARPENTER: The solution to the problem that we brought forth after the 2002 elections, the proposed solution by Patrick White and by code enforcement -- agreed to by code enforcement, meet our objections to the ordinance as it exists today completely. Thank you. COMMISSIONER COLETTA: Motion for approval. COMMISSIONER HALAS: Second. CHAIRMAN FIALA: Okay. I have a motion to approve by Commissioner Coletta, a second by Commissioner Halas. Any discussion? (No response.) CHAIRMAN FIALA: All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed. (No response.) CHAIRMAN FIALA: We have a 4-0 on that. Thank you very much. MR. CARPENTER: Thank you, Commissioners. CHAIRMAN FIALA: Thank you, Mr. Carpenter. MR. MUDD: The next item, Commissioner, is -- CHAIRMAN FIALA: I didn't close the public hearing again. COMMISSIONER COLETTA: You just did by the vote. Item #8F ORDINANCE 2004-55 AMENDING THE COUNTY'S CODE OF LA WS AND ORDINANCES (CODE OR CODE OF LAWS) TO RELOCATE EXISTING LAND DEVELOPMENT CODE (LDC) 52 ......--...----- July 27, 2004 PROVISIONS INTO THE CODE OF LAWS, TO AMEND EXISTING CODE OF LAWS PROVISIONS PERTAINING TO THE SHIP PROGRAM, AND TO DELETE DUPLICATIVE CODE MR. MUDD: Commissioner, the next item is 8F. Documents for this item are available for review in the Zoning and Land Review Department, also out at the front desk and in the Board of County Commissioners' offices. This is a recommendation to approve an ordinance amending the county's Code of Law and Ordinances, code or code of laws, to relocate existing land development code provisions into the code of laws, to amend existing code of laws provisions pertaining to the SHIP Program and to delete duplicative code provisions no longer required. And Mr. Patrick White will present. MR. WHITE: Again, assistant county attorney, Patrick White. Commissioners, this is part of the promised set of revisions brought forward and initiated by the unified land development code, the UDC changes. The matters largely before you are ones that were not anticipated to be carried forward into the UDC but are required, instead, to still exist as part of the regulatory fabric, and we found them very comfortable in well fitting homes in the existing Code of Laws and Ordinances. It is a rather thick set of provisions in terms of the ordinance size, but overall, there are no changes to any of those provisions. They are simply a relocation of them into a different codification, that being the code of laws. The other -- CHAIRMAN FIALA: Commissioner Henning? MR. WHITE: I'm sorry. The other two pieces, very quickly. We had some parallel provisions in Chapter 106 that duplicated those 53 ---~- July 27, 2004 that otherwise existed with respect to adequate public facilities in what is now division 3.15 . We simply struck through and eliminated those. And lastly, we brought forward some changes requested by financial administration and housing, for essentially housekeeping purposes, to bring current regulations up to date with present practice, and those are the changes in Chapter 114. I think that's pretty much everything that I'd like to share with you. And if you have any questions, I'd be happy to answer them. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Mr. White? MR. WHITE: Yes, sir. COMMISSIONER HENNING: There's no changes to that; this is strictly a reorganization? MR. WHITE: Yes. We effectively-- COMMISSIONER HENNING: Move to approve. CHAIRMAN FIALA: I have to close the public hearing first. Do we have any speakers? MS. FILSON: No, ma'am. CHAIRMAN FIALA: Close the public hearing. COMMISSIONER HENNING: Motion to approve. COMMISSIONER COLETTA: Second. CHAIRMAN FIALA: I have a motion to approve by Commissioner Henning and a second by Commissioner Coletta. All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) MR. WHITE: Thank you, Commissioners. CHAIRMAN FIALA: That's a 4-0. Thank you. 54 -- July 27, 2004 Let's see. 8F. We have a -- 8G? No, that's withdrawn. Looks like we move on to - Item #8G PETITION SNR-2003-AR-4982, BILL L. NEAL, REPRESENTING BA YSHORE BEAUTIFICATION MUNICIPAL SPECIAL TAXING UNIT, REQUESTING A STREET NAME CHANGE FROM BAYSHORE DRIVE TO BOTANICAL GARDEN PARKWAY, LOCATED IN SECTIONS 11,14,23 & 26, MR. MUDD: Commissioner, I'm going to -- I'm going to hold on 8G as far as -- just to be on the safe side -- I can't tell you if this was advertised, okay? If it was advertised -- I don't think it was, but -- CHAIRMAN FIALA: 8G is the one that was withdrawn, right? MR. MUDD: No, that's the one that the petitioner requested it be continue indefinitely. I'd like to get a motion just to be safe. COMMISSIONER HENNING: Motion to continue to -- COMMISSIONER COLETTA: Second it. CHAIRMAN FIALA: Okay. I have a motion by Commissioner Henning -- COMMISSIONER HENNING: Motion to continue. CHAIRMAN FIALA: -- to continue indefinitely, and a second by Commissioner Coletta. All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) 55 ----_._",.._->., July 27, 2004 CHAIRMAN FIALA: 4-0. MR. MUDD: Commissioner, that bring us to the Board of County Commissioners, and it's number 9A, and it's a discussion regarding the status report for the Collier County Citizens Corps, and this was brought -- CHAIRMAN FIALA: I'm sorry. Mr. Mudd, I'm going to call a 10-minute break and give our stenographer a few minutes to move her little fingers. Thank you. (A brief recess was taken.) MR. MUDD: Madam Chair, you have a hot mike. Ladies and gentlemen, if you'd please take your seats. CHAIRMAN FIALA: The meeting is back in order. Item #9A STATUS REPORT FROM THE COLLIER COUNTY CITIZENS CORPS. - TO BE BROUGHT BACK AND PLACED ON A EllTIlRE..RCC A (TEND A MR. MUDD: Commissioner, our next item is the Board of County Commissioners, and we start with item number 9A, and that's a discussion regarding status report for the Collier County Citizens Corps, and that was requested to be put on the agenda by Commissioner Coletta. COMMISSIONER COLETTA: Yes. I understand that you have an interim -- or a report coming up in about another -- MR. MUDD: Yes. Commissioner, I'd ask if -- the questions are basically itemized in your agenda, and there's some good questions. And I've got Dan Summers and crew working on those particular -- on those particular answers. I'd like to be able to come back to the board in the next 60 to 90 days with a report to answer those questions for you, so -- 56 July 27, 2004 COMMISSIONER COLETTA: That satisfies my needs, and also too, the research that's been made available since then has answered a lot of questions. MR. MUDD: Okay. COMMISSIONER COLETTA: I thank you for your cooperation and for staffs help on this. CHAIRMAN FIALA: So we'll be bringing that back at a future meeting? MR. MUDD: Commissioner, I'm going to bring you a report that basically answers those questions. And once you get the report, if you need to bring it back on an agenda, we'll be glad to do that. But I'll give you the report first so that you've got all the answers and that satisfies your particular -- CHAIRMAN FIALA: Then, Commissioner Coletta, what I'll ask you to do is, if -- you know, we'll all read it, and if you feel that you want to bring it back, I'll make that your responsibility. Otherwise -- COMMISSIONER COLETTA: That's fine. CHAIRMAN FIALA: -- it will have answered the questions. Is that okay with you? COMMISSIONER COLETTA: Thank you, Commissioner Fiala. CHAIRMAN FIALA: You're welcome. Do we need to do anything about voting to -- MR. MUDD: (Shakes head.) CHAIRMAN FIALA: Okay, fine. We're set with that, okay. Item #9B RESOLUTION 2004-241 APPOINTMENT OF JOSEPH BOGGS, KATHLEEN GARREN, AND CELIA M. FELLOWS TO THE COMMUNITY CHARACTER/SMART GROWTH ADVISORY COM.MIIIEF - A DO.EIED 57 -~.....<"-~~---,_.- July 27, 2004 We go on to 9B. MR. MUDD: And that's appointment of members to the Community Character/Smart Growth Advisory Committee. CHAIRMAN FIALA: Motion to approve the three -- COMMISSIONER HALAS: I second that. CHAIRMAN FIALA: Okay. I have a motion to approve the three people that were recommended right here on our summary, and a second by Commissioner Halas. All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) Item #9C DISCUSSION REGARDING LAND DEVELOPMENT RESTRICTIONS ON PLANTATION ISLAND - MOTION TO CHAIRMAN FIALA: We go on to 9C. MR. MUDD: 9C is a discussion regarding. land development restrictions in Plantation Island. And that was also asked to be put on the agenda by Commissioner Coletta. Mr. Schmitt will come to the podium to answer any questions that you may have, sir -- or ma'am. CHAIRMAN FIALA: Hard to tell the difference sometimes. Yes? COMMISSIONER COLETTA: Just to cut right to the chase. 58 July 27,2004 We have three recommendations here, Mr. Schmitt. What is your recommendation? MR. SCHMITT: For the record, Joe Schmitt, administrator of Community Development/Environmental Services. This is a complicated issue. There was a -- for lack of a better term, I guess a briefing paper, a white paper that was prepared by Bill Lorenz, my environmental services director, describing the issues out at Plantation Island. We have three recommendations here to deal with this. Shown on your visualizer, at least, is a computer projection of the aerial for that area. There are two code cases out there. And if I could make a point to -- just so you know where the properties are. And I got the cross hairs. There's one property right where I -- if you can see the cross hairs right there, and the other property is over here where there are code cases where there are mangroves cleared without the proper permits. This was an issue raised by Commissioner Coletta to see what we could do about dealing with allowing for development out there. There are two amendments that I would propose. One is -- or two courses of action. We could probably run them concurrently. One is to have Plantation Island removed from the area of critical state concern. Marjorie Student, the assistant county attorney, is here with me, as well as Barbara Burgeson, from the Environmental Services staff, if you have any specific questions. But in a nutshell, that will take a long time. It has to go to the state, it has to go through the legislature, and it is a very long and tedious process, probably a bit lethargic, I guess, from the standpoint, how we would have to go about that. But the second one we can pursue with GMP and LDC amendments and go through the variance process again. We're 59 _._~-~ July 27, 2004 constricted by the regulations that are right in our LDC in regards to the area of critical state concern, special treatment zoning that exists in that area. So we would really have to do some extensive evaluation and analysis and bring it back to the board for your consideration. I think from a legal perspective, if I could turn to Marjorie, and at least she could give you at least a thumbnail of the pitfalls in those two courses of action. If you wanted us to do them concurrently, I think we could do that. Of course, we're spending county staff time and effort on solving an issue for what I would say is a few residents. But if that's what you wish, we can do that. Marjorie? MS. STUDENT: For the record, Marjorie Student, assistant county attorney. Just a little bit of history -- and I'll try to be brief -- so you can understand why we are where we are today. Back in the '70s, the state established some areas of critical state concern throughout the State of Florida by statute, and the Big Cypress area is one of those. The Department of Community Affairs also promulgated regulations that would govern any development in that area. Those regulations were required to be placed in our comprehensive plan and our land development regulations by state statute. So before I came here, certainly, I would say probably the first compo plan that I'm aware of that we had in the early '80s -- I know that those provisions were in that compo plan and have always been in the land development regulations since I have been here. So we have some lots in Plantation, which is an old unrecorded subdivision -- never recorded subdivision, went through our formal platting procedures. So that's why they're not grandfathered under state law from these regulations. 60 July 27, 2004 But in any event, probably because of the development pressure in the county, there's some lots there that have mangroves on the lots, and the regulation says there will be no destruction or alteration of mangroves. So if a lot's totally covered by mangroves, that means the person cannot use the lot for anything, and that can result in a taking of a property . So we were looking at some alternatives to try to avoid that situation. And one of which, there's a regulation by DCA that would allow us to do variances from these regulations if certain criteria were met where there wouldn't be an adverse impact on the estuarine water body and things of that nature, that we could put in the compo plan and our land development regulations. That's probably the quickest option. The other option would be to approach our deleg -- our legislative delegation and work with the Department of Community Affairs to have just the Plantation Island area carved out of the Big Cypress area so those regulations wouldn't apply. That would probably take some time, and there'd be some political maneuverings associated with that. And the third option would be to purchase those lots that are not developable because of the mangrove situation. That would require some further research on staffs part as to the approximate valuation of those lots, and also look at each one to see which ones could and could not be utilized. So that is basically how we got here and the options that we see to solve the problem. MR. SCHMITT: If I could also direct, on the visualizer, there's kind of an up-close and little bit closer view of the areas we're talking about in Plantation Island. And you can see, even if homes were allowed to be built on that, given the mangroves and the canals that are shown there, it's going to be a considerable amount of money that will be expended by the homeowners out there, even to open up -- that 61 July 27, 2004 up for boat traffic, because they would have to remove the kind of mangroves and other work that would have to be done. So many of these lots -- if you go back into the property appraiser's office, some of these lots were only $2,500 or so. But I clicked on several of them in this area, and there are some now that sold recently for almost $40,000. And so it's kind of a speculation and land grab type of situation out there. But whether or not it's being disclosed as to the prohibitions and the limitations for development, I don't know. I've not gone into that, but it certainly should be as part of the real estate transfer that should be disclosed. But these properties are designated in the ST zoning, special treatment zoning. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: I've got some concerns on this, because if people are buying this, it's like buying swampland, and they ought to know what they're buying and whether they can build on this or not. And if this -- if the transactions have recently been taking place in regards to buying these lots, this is mangroves, this is areas of wetland, this is an area of concern. And I just think that if we open up this area, that we're opening up Pandora's box, and then you're going to set a precedence, and then we're going to have a problem throughout the rest of the county. And so that's -- I feel that maybe the best solution here is to see what the option is of buying this property up so that we don't end up destroying this area. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Yes. Thank you for the opportunity . Generally, Commissioner Halas, you'd be totally right. We have some circumstances here that are quite a bit different, and there are some very basic property rights. One, this has been around since day one, and it precedes everything that takes place that didn't get 62 July 27,2004 grandfathered in, as you heard earlier. Two, the mangroves exist there because the canals were put in. If the canals were never put in and dug, those mangroves wouldn't be growing there. And if you take a look at the master map, the mangroves that we're talking about and making any kind of mends to, are not against the main canal, which would be the tributary feeding it. It would be minimal impact on the environment if this happened, and it should happen no place else, because this is a very unique situation. As far as buying the property, how -- what right do you -- we have as a commission or as a government authority to go in and tell somebody, well, you purchased your property 20 years ago and you paid $2,000, and that's what we're going to give you for it. Good luck, Charlie, good-bye. All our homes, all our properties have increased in value, in some cases, four- or fivefold over the past 10 years. Why should these people be any different as far as compensation goes? See, you're opening a Pandora's box. What's fair value on this property at this point in time? To say that you're going to pay them what they originally paid for it would be totally ludicrous and it'd be unfair. I'm very concerned about the fact that this situation got to the point it is today. This is something that has been a great concern. And by the way, the federal government issues permits for clearing these mangroves and has done it once now, and they could do it again. It was maybe possibly an oversight, but they've seen no problem with it, and that's even with the state of special concern that's there. It's our own local ordinances that are the problem. And we've got to remember, we put these ordinances in place for a reason, and that was to protect the environment. COMMISSIONER HALAS: Commissioner Coletta, can I ask you then -- 63 July 27,2004 COMMISSIONER COLETTA: Yep. COMMISSIONER HALAS: -- this must be very low area terrain, because even if you had canals there, the only time you'd have -- the mangroves would grow would be along the edge of the canal. Here they're growing within the land, so that tells me that that whole area is very, very low. COMMISSIONER COLETTA: That's correct. The whole coastal area is. COMMISSIONER HALAS: So -- the whole coastal area, exactly. COMMISSIONER COLETTA: But then again, too, you have a minimal impact here because of the way the mangroves are situated so far from the coastal area. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: I support Commissioner Coletta in his endeavor for these property owners to build the American Dream. So I'll make a motion, if it's appropriate with Commissioner Coletta, to approve staffs recommendation to bring back to the Board of Commissioners for approval. COMMISSIONER COLETTA: That's for the two recommendations. MR. MUDD: And staffs recommendations -- if I -- if I took them down right was, number one, get state to remove the stipulation that the area's a critical state concern; and number two is to come back with GMP and LDC amendments in order to deal with these particular properties? COMMISSIONER HALAS: And the third one is to buy the property . COMMISSIONER COLETTA: But I don't-- CHAIRMAN FIALA: But he's just saying the two. Is that correct, Commissioner Henning? 64 July 27, 2004 COMMISSIONER HENNING: If it's appropriate for Commissioner Coletta. COMMISSIONER COLETTA: That would be, thank you. And I second your motion. CHAIRMAN FIALA: Okay. So let me make sure that we have the motion correct, okay? Do you want to say it once more or shall I have Comm -- shall I have Jim Mudd read us back the -- COMMISSIONER HENNING: Sure. CHAIRMAN FIALA: Mr. Mudd, could you read us back the motion? MR. MUDD: Mr. Schmitt basically recommended, based on Commissioner Coletta's question, two courses of action, two things that need to transpire, and I think he said they need to transpire simultaneousl y. MR. SCHMITT: If I could correct. But they don't have to -- we don't have to do both, but I'm recommending we pursue both, just -- they're not -- they're mutually exclusive alternatives, but they can be run concurrently, meaning that we can still pursue through the state to have this area lifted from the critical state concern, but we can also look at policies to remove, or at least to provide some opportunity to develop this property through relief of either the Growth Management Plan or the land development code, if applicable. Of course, they're both going to be rather long processes. Thank you, Jim. CHAIRMAN FIALA: Okay. I didn't ask. Do we have any speakers on this subj ect? MS. FILSON: No, ma'am. CHAIRMAN FIALA: Okay. We have had the motion repeated to us. Commissioner Henning made the motion, and it was seconded by Commissioner Coletta. Any further discussion? 65 July 27,2004 (No response.) CHAIRMAN FIALA: All those in favor, say aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: You're opposed? COMMISSIONER HALAS: Yeah, I'm opposed. CHAIRMAN FIALA: Okay. So that's a 3-1. Item #lOA RESOLUTION 2004-242 ADOPTED THE PROPOSED FY 2005 MILl ,A GRRAIFS - A D.OTIED MR. MUDD: Commissioner, that brings us to item lOA, and that's a recommendation that the board adopt the proposed FY-2005 millage rates. And that presenter is Mr. Mike Smykowski, the director of Office and Management and Budget. MR. SMYKOWSKI: Good morning, Commissioners. For the record, Michael Smykowski, O&B director. Weare looking to adopt the proposed millage rates as the maximum property tax rates to be levied in fiscal year 2005. The tax rates that we'll be adopting today have to be provided to the property appraiser by August 4th, then he, in turn, collects all the tax rates from the various governmental jurisdictions, school board, cities, independent fire districts, as well as the county, and prepares a TRIM notice, which must be mailed by August 24th of each year to each individual property owner in Collier County. And that shows the relative impact to each respective property in Collier County based on the updated taxable value of those properties 66 July 27, 2004 as well as the collective impact of the millages adopted by each of the respective governmental bodies. During the September public hearings, the board may maintain or lower those millage rates. While there is a process by which the board could actually increase the rates in September, it is actually so onerous due to certified mail requirements to all property owners as to be impractical, so this would be the maximum -- in general terms for each property owner, the worst-case scenario in terms of millage for each of the respective property owners. Page 2 of your executive summary, the general fund budget, the direction from our June workshops was for the county manager to balance the budget and bring it back in a millage-neutral state. During the workshops, the board did note some concerns about achieving our millage-neutral target in fiscal year '05, while at the same time exacerbating our budget problems into fiscal year '06. As part of the budget policy preparation, there is an analytical model we used to, based on revenue and expense assumptions, to proj ect the updated year's general fund budget as well as millage rates, given certain assumptions on taxable value. Mr. Mudd has put those items -- the two bar charts on the visualizer. Obviously the top chart identifies the historical and assumed increases in Collier County taxable value. And you see from the peak period in fiscal year '02 when we were at 20.5 percent, that's dropped, you know, '03 to 18.3 percent, down to 16.4 in '04, 11.8 in FY-'05. The -- for purposes of the model, we assume 10 percent for fiscal year '06, and 9 percent in fiscal year '07. Then to update the model, obviously when we were at the budget policy time frame in March, the FY -'05 budget was a projection at that point. Obviously what we've done at this point is dropped in the FY-'05 proposed budget balance and looked forward to project the out years for '06 and '07. And it's not unlike what the model showed 67 --- July 27,2004 previously. And actually, if anything, a little worse scenario. It shows a need for a fairly substantial millage increase in FY-'06, going from 3.8772 mills, where we've been for the last three or four years -- again, the live within your means following the sales tax referendum, the board has maintained that millage-neutral status while making significant general fund contributions toward the road construction program to meet our growth management requirements and fund our existing road deficiency that was not impact fee eligible. MR. MUDD: Commissioner, on -- if I may interject. Jim Mudd, county manager, for the record. The 2006 bar chart there was based on that 10 percent that Michael -- that Mr. Smykowski showed you on the previous chart as far as increase to assessed values. I asked Michael to run the assessed values to 20 percent, okay, to give me an idea of what the millage rate increase would have to be in 2006. If it's at 20 percent, it's about -- it's about a quarter mill increase. If it's at 10 percent, it's about point -- it's about a half mill increase, a little bit more than half a mill increase. And that's what you basically have depicted on that bar chart. The -- there's some significant things in '06 that are -- that are going to impact us. I don't know how -- you know, we'll do a valiant effort to try to -- to try to balance the budget, but it's going to be very, very difficult in '06 in order to do so. There's some things in '06 that we're going to have to take a look at as far as millage rate is concerned. I'm going to have to talk about staffing at library expansions and new libraries. We're going to have to talk about staffing at a regional park, because I don't see those in the books if that's what we're looking at. And if the board takes a millage-neutral stance in '06, we could have some buildings with no -- with nobody -- with books but nobody to open up the buildings in order to do it, or a park that sits there that 68 _'.~-,-,_.,.....,>.~~ July 27,2004 nobody can get to because there's nobody there to staff it. Those are all things that we have to consider as we go through this process. '06 is going to be a very, very difficult year for Collier County. CHAIRMAN FIALA: Go ahead. MR. SMYKOWSKI: The purpose of the model, obviously, was to give you some semblance of an idea what we're staring at in '06 while you're making financial decisions this year. As Mr. Mudd indicated, it will, indeed, be a challenging year. Obviously the construction industry is moving along. There's been some recovery there, but obviously the trend has been toward a -- a slower growth in the increase in taxable value. And actually, if you look at that chart, it wasn't too many years ago when you were in -- you know, it was back in fiscal year '99, which isn't that far removed from where we're at today, where you were in single digit numbers. So while growth continues, obviously it's probably not going to continue at the record pace it had been from the FY-'Ol through FY-'03 period. CHAIRMAN FIALA: Okay. Do we have speakers? MS. FILSON: Yes, ma'am. I have two speakers. Don Hunter? SHERIFF HUNTER: Commissioner, may I reserve until the motion is made? CHAIRMAN FIALA: Until after the motion is made? SHERIFF HUNTER: Just for discussion. MS. FILSON: And the next speaker is Bob Krasowski. MR. KRASOWSKI: Hello, again, Commissioners. Just briefly as a citizen, 25-year resident of Collier County, I would like to advocate for going for the higher number in the budget so that through future public comment, you can make adjustments and bring it down, not lock us into a lower number that can't be -- that's more difficult to adjust upward, as Mr. -- Mike Smykowski had explained. CHAIRMAN FIALA: Commissioner Halas? 69 July 27, 2004 COMMISSIONER HALAS: Mike, in regards to your analysis here, the criteria you're using, is this a model that you constructed yourself, or is this some facts and figures from BEBR? MR. SMYKOWSKI: No. This is a model I've constructed. I've used it probably -- probably eight years now. And it's fairly well refined in terms of, we were within actually a couple $100,000, I believe, of where the -- where the fiscal year '05 general fund budget ended up at this point, at the balance date. That was fairly close to where it was projected during the budget policy guideline. Obviously MR. MUDD: That was done in March. MR. SMYKOWSKI: In March. MR. MUDD: So with -- basically what we've looked at over the -- Jim Mudd, county manager, for the record again. What we look at with Mike's model, it has given us the ability to look at it years out. He can put the information in. In March what we basically ran for '05, which is within a couple $100,000 of what the budget, actually turned out to be after submittals and whatnot. So it's pretty -- it seems to be a pretty good model, Commissioner. COMMISSIONER HALAS: So what you're saying is your error is probably less than one percent or -- MR. MUDD: One-- COMMISSIONER HALAS: One percent category? MR. SMYKOWSKI: Yes. MR. MUDD: In this particular year, yes, sir. MR. SMYKOWSKI: Now, in terms of the assumptions, you need to understand that obviously it's built on that 10 percent taxable value figure, but obviously you're not going to know what the taxable value is for '06 until next June when you get a preliminary estimate from the property appraiser. COMMISSIONER HALAS: But I'm looking for the field of error that you've encountered in the years past while you've been 70 July 27, 2004 working with this model. MR. SMYKOWSKI: Yeah. It's been fairly reliable within -- COMMISSIONER HALAS: So you're within two percent? MR. SMYKOWSKI: Sure, I think that's fair. Obviously the constitutional officers playa part in that as well. We've updated the model based on projections for the sheriffs needs for FY-'06. And obviously that represents close to 40 percent of the general fund, and that has an impact, depending on those needs. If a law enforcement impact fee were to be adopted at some future date, obviously that would relieve some of the expanded capital that we have. There's almost $2 million in the sheriffs office that is projected for '06. If there were a law enforcement impact fee in place, obviously that's $2 million that -- COMMISSIONER HALAS: If. MR. SMYKOWSKI: If. I'm trying to be fair. And it assumes that all current services continue to be funded. COMMISSIONER HALAS: Okay. Well, Commissioners, I guess we're going to have to figure out where we're headed here. CHAIRMAN FIALA: Go ahead. COMMISSIONER COLETTA: If I could, Mike. What would be your recommendations? I mean, we have an obligation not only to look at today, but what's going to happen next year. Do you have any recommendations that we should be considering as far as possibly a small increase now to avoid that big increase in '06? MR. SMYKOWSKI: That is -- that is an option. I will also tell you though that you probably -- there are some people in the community who would say, raise the millage incrementally this year, and then you're going to hear probably from people like Janet Vasey who I could hear saying, you raise the taxes in the year when you need them. You are at a millage-neutral -- millage-neutral point this year. You don't need to raise the millage next year. Wait and see how the 71 July 27, 2004 budgets come in next year and/or deal with that through the budget policy discussion for fiscal year '06. COMMISSIONER COLETTA: That's Janet Vasey. How about the budget director; how does he -- what does he see? MR. SMYKOWSKI: I say you're millage-neutral this year. While '06 is challenging, I think you need to address '06 as it comes. COMMISSIONER COLETTA: Okay. In other words, not try to make adjustments now. But what about the -- once again, that UFR list that we had. What a disappointment to find there was no reserves at all so that we could start some sort of discussion going back and forth to meet some of our other needs that were in this county. I understand where some of this thought is coming from as far as allowing for a small increase and in September addressing it again, as everybody has a chance to collect their thoughts and we have more people back here that can put their input into it. But then, again, too, I'm not too sure if this commission will even be interested in discussing it. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: The -- there's a lot of unknowns about 2006, you know, what the assessed values will be. COMMISSIONER HALAS: But the trend is there. COMMISSIONER HENNING: Well, there are some known things, but I can tell you one known thing, Collier County spends a lot of money providing services to the taxpayers in our county, and it's nothing to be proud of. And I believe that we should try to keep those costs down as much as possible and provide what the taxpayers want in Collier County . So with that said, I will move to approve the general fund millage rate at 3.8772. You want to go ahead and do the other ones? MR. SMYKOWSKI: Yes, sir. Your motion should encompass 72 July 27, 2004 all of the millage rates for the various MSTU s that are included in your attachment in the executive summary. You'd be adopting the resolution and incorporating the tax rates identified on page 5 and identified in attachment A therein. COMMISSIONER HENNING: Motion to approve the attachments and the resolution. CHAIRMAN FIALA: I'll second that motion. Any further discussion? (No response.) CHAIRMAN FIALA: Is that supposed to be now? After the motion is made you said. I didn't know if you meant voted or what. SHERIFF HUNTER: Oh. Well, you can do it either way, I suppose. You're running the meeting, Madam Chair. CHAIRMAN FIALA: Well, being that I went this far and said, go ahead, whatever, why don't you just tell me what you would like to do. After we've voted or now? SHERIFF HUNTER: I prefer to do it at the moment, if I may. CHAIRMAN FIALA: Go ahead. SHERIFF HUNTER: I see now the direction the board wishes to go. I would like to make a quick statement for the record. First I appreciate the opportunity to speak. Don Hunter, Sheriff of Collier County, for the record. And I appreciate the commission's work on the budget. And I certainly understand, as I indicated during the June 30th workshop, the difficulty that the board is faced with in attempting to make some very difficult decisions for the future. I believe that the comments that have been made this morning are certainly germane pertaining to the very large looming issue that faces this board, this county, this constitutional office for the coming years, and there doesn't appear to be any dissipation in the trends with the opening, in my mind, of new facilities, new construction, more residents, part-time and full-time, coming to Collier County, and the 73 ----'....-- July 27,2004 visitors, especially in the northeast quadrant that we see such major change in. And again, I'll refer to Waterways and Orange Tree, Ave Maria, as some of my concerns, especially for construction, construction traffic, preserving the construction sites, the vandalism that occurs at those construction sites, the thefts there, the insurance implications there, calls for service that will be coming out of that area, the fact that we'll have traffic congestion, and difficulties in maneuvering in that area. Even though new roadways are under construction, we will continue to see some congestion in that area, I believe. We've been able to work with the board's direction to try to see our way of reducing, to some extent, the proposal as we submitted to the board on June 1. We did that by phasing in positions to the tune of about 3.8 million. The reason we have done that is because we still have gotten no clear indication from the criminal justice academy out of Lee County that we would be permitted to have our own academy here in Collier County to instruct the 60 additional positions for the expanded jail facility. Had we been able to secure that, we would have continued to seek board approval to have those 60 positions acquired ASAP, as soon as possible, because we know that it takes about a year to get those people, our new members, in position and in a position to operate the expanded facility. So having not secured the approval of the State of Florida to have our own academy locally, we're forced to consider the possibility of phasing in positions and moving off our original plan as submitted to you. So that will dictate, to some extent, when we can hire people inasmuch as we may not be able to place them in the academy immediately. 74 July 27,2004 I would encourage the board to consider the possibility of preserving that 3.8 million with a millage rate sufficient to fund that in the event that we are able to secure approval from the Criminal Justice Standards and Training Commission and the State of Florida, Florida Department of Law Enforcement for our own academy here, because we continue to need those people within that -- within that year for the opening of the new facility. We still hear that the predicted open date may be as early __ opening date may be as early as July of 2005 or as late as September of2005. So we continue to have that need for the 3.8 million, and I would simply ask the board to be aware of that. And that if you were to establish the millage rate at a -- an amount sufficient to fund the 3.8 million, we certainly would be able to back off of that September if we were unable to secure the academy. Thank you. CHAIRMAN FIALA: Thank you, Sheriff Hunter. Commissioner Halas? COMMISSIONER HALAS: I'm -- I think we are going in the right direction here, and we'll see what happens in the future. And I would hope that we could work with the sheriffs department and make -- hopefully maybe look at contracting out the jail services. That might be a way of cutting some of the costs, too. I know that we need to have as many officers on the road as possible. Again, I think that maybe there's other opportunities there, so -- stick with that. CHAIRMAN FIALA: Okay. And we all have to realize that next year is -- we're going to really have to bite the bullet. We're going to have to increase those taxes with all of the things coming on. As much as all of us have been against it, we've got to tackle some of these problems that are looming ahead of us. COMMISSIONER HALAS: Exactly right. 75 -- ,'.-.- July 27, 2004 CHAIRMAN FIALA: So-- COMMISSIONER HENNING: Commissioner, I'm not sure if I agree with that statement. I think it's a little premature to know what the millage rate or increase would be in '06. COMMISSIONER HALAS: You can see the projected cost, and all we're doing is we're pushing this can down the road. Right now the sheriff has basically said that he is willing to forego the 3.8 mill., but what he's doing -- saying basically is that is pushing that cost down the road and that it's going to come back and bite us next year, and it's going to be not only the 3.8, but it's going to be whatever additions that -- to his budget that we look at at that point in time. CHAIRMAN FIALA: Okay. I have a motion on the floor and a second. Any further discussion? (No response.) CHAIRMAN FIALA: No more speakers? MS. FILSON: No, ma'am. CHAIRMAN FIALA: All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed? (No response.) CHAIRMAN FIALA: We have a 4-0 on that. SHERIFF HUNTER: Thank you. CHAIRMAN FIALA: Sheriff Hunter, thank you for all you've done to help us to reach this budget. I know it hasn't been easy for you, because you've had to accommodate some of our wishes, and we appreciate that. MR. MUDD: Ma'am, while the sheriff -- while the sheriff is here 76 '--.---- July 27,2004 -- and the reason -- and maybe I can have your staff not have to come back at some hour this afternoon. Item #13A THE BCC SERVE AS A LOCAL COORDINATING UNIT OF GOVERNMENT IN THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT'S EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE FORMULA GRANT, APPROVE THE SHERIFF'S OFFICE GRANT APPLICATION, AUTHORIZE ACCEPTANCE OF THE GRAND AWARD AND APPROVE ASSOCIATED BUDGET A.MENnMENTS - AIœROVED There's an item on 13A that was an add-on because the packet came late. CHAIRMAN FIALA: Oh, yeah. MR. MUDD: And it had to do with recommendation that the BCC serve as a local coordinating unit of government in the Florida Department of Law Enforcement's Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant, approve the sheriffs office grant application and authorize acceptance of the grant award and approve associated budget amendments. It's on the regular agenda because it wasn't part of the published -- because it walked on later. Commissioner, I'd -- COMMISSIONER HENNING: Motion to approve. MR. MUDD: I'd recommend approval. CHAIRMAN FIALA: Second. So we have a motion on the floor by Commissioner Henning, a second by Commissioner Fiala. All those in favor, say aye. 77 ...... ...-.'----- July 27,2004 COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: 4-0, and we're done. Thank you. SHERIFF HUNTER: Thank you. CHAIRMAN FIALA: Okay. Item #10B RECOMMENDATION TO REVIEW A PROPOSAL FROM SOUTHWEST HERITAGE, INC., TO LEASE THE NAPLES DEPOT AS A BRANCH FACILITY OF THE COLLIER COUNTY MUSEUM - THIS ITEM HAS BEEN CONTINUED TO THE MR. MUDD: Commissioner, that brings us to item lOB. And this is -- this item basically is being continued. I wanted to make sure that we had a space holder to let you know that we haven't forgot about it. We're still coordinating with the Naples Depot folks in order to work out arrangements to come back to the board in order to share those with you. So we're asking that that item be continued. Item #10C THAT THE BCC APPROVE THE MPO'S FY 2004/05 OPERATING BUDGET IN THE AMOUNT OF $701,230 AND ALL ASSOCIATED FUTURE BUDGET AMENDMENTS TO A 78 July 27, 2004 That brings us to item 10C, and that is that the Board of County Commissioners approve the MPO's FY-2004/2005 operating budget in the amount of $701,230, and that all associated future budget amendments to a maximum amount of$1,324,934. And this item is to be presented by Mr. Johnny Limbaugh of the MPO. COMMISSIONER HENNING: Move to approve. CHAIRMAN FIALA: Second. We have a motion on the floor to approve by Commissioner Henning and a second by Commissioner Fiala. MR. MUDD: Ma'am, I also want to make sure that you know that the public involvement piece to this budget is not included and -- CHAIRMAN FIALA: Right. MR. MUDD: -- will come back to the board. CHAIRMAN FIALA: It stated that very clearly. MR. MUDD: That was the contentious item from the June meeting, and it's not included in this particular packet. They will come back again after they get the authority to go any deeper -- CHAIRMAN FIALA: If it were, I wouldn't be voting for it. MR. MUDD: Yes, ma'am. CHAIRMAN FIALA: Any discussion on this subject? (No response.) CHAIRMAN FIALA: And we have no speakers? MS. FILSON: No, ma'am. CHAIRMAN FIALA: All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Thank you. 79 July 27,2004 Item #10D RECOMMENDATION TO CONSIDER A REQUEST FROM THE DEVELOPER OF AVE MARIA UNIVERSITY TO EXPAND THE LIMITS OF THE COUNTY'S FEMA-RELATED BASE FLOOD ELEVATION STUDY, BEING DONE BY TOMASELLO CONSULTING ENGINEERS, TO INCLUDE THE FAKAHATCHEE STRAND DRAINAGE BASIN, WHICH IS WHERE THE AVE MARIA STEWARDSHIP COMMUNITY MR. MUDD: Commissioner, that brings us to item 10D, and this is a recommendation to consider a request from the developer of Ave Maria University to expand the limits of the county's FEMA-related base flood elevation study being done by Tomasello Consulting Engineers, to include the Fakahatchee Strand drainage basin, which is where the Ave Maria stewardship community district is situated. And Mr. Joe Schmitt, the administrator of community development, will present. COMMISSIONER HALAS: Motion to approve. CHAIRMAN FIALA: We have three speakers on this subject? MS. FILSON: Yes, ma'am. CHAIRMAN FIALA: I have a motion on the floor to approve. COMMISSIONER COLETTA: If we could, I'd like to hear the speakers. CHAIRMAN FIALA: Yes. MS. FILSON: The first speaker-- CHAIRMAN FIALA: Okay. That motion dies at this time for lack of a second. MS. FILSON: Cindy Kemp. She will be followed by Bob Krasowski. MS. KEMP: Good afternoon. Cindy Kemp from the Property 80 ^-,,-~-,.,-~ July 27, 2004 Rights Action Committee. PRAC is the watchdog group for the property rights. And at our last meeting, we happened to have Stan Chrzanowski from the county come and go over the lidar maps, which was a great presentation that he did. As you know right now -- and thanks to Commissioner Coletta, we appreciate your letter to the Army Corps of Engineers -- we are in communication with the Army Corps of Engineer (sic) right now concerning the restoration to the south blocks, which brings me to this Issue now. The only people that this study will benefit is the Ave Maria and Barron Collier. The proposed study area expansion goes around Immokalee where there's no people, and that doesn't include -- it doesn't include Immokalee itself where all the people are. So PRAC's suggestion is that this study should include the Immokalee area where the people are and the south blocks where the restoration is going in because so many people have concerns about water levels rising and people in northern Golden Gate Estates being affected by that. So we just feel that the county consultant, Richard Tomasello, could do the analysis, and PRAC and the county engineers would feel a lot more comfortable having this information that we're trying to obtain from the Army Corps since there's such a lack of underlying documentation as to what is happening. So we feel this is money badly spent on people that don't need it. They're a special district. They're well off. The people of Immokalee, the people in northern Golden Gate Estates, I think, should benefit from a study here. We should pay for a portion of the study, but not the whole thing, and we should include these other areas in the study, and that's it. Thank you. MS. FILSON: Next speaker is Bob Krasowski. He will be 81 ---.--,.,.., -,,~--- July 27, 2004 followed by John Passidomo. MR. KRASOWSKI: Since I'm here, I -- Bob Krasowski for the record. Since I'm here, I want to agree with Ms. Kemp's position. I think there should be a proportional distribution of the cost of this among those who are benefiting from it. And in this tight budgetary time, you should pay real close attention to this, as you should to other things I'll bring up later in the day. That's all. MS. FILSON: John Passidomo will be your final speaker. MR. PASSIDOMO: Good morning. Madam Chairman, members of the Board of County Commissioners, my name is John Passidomo. My address is 821 5th Avenue South. Our firm represents New Town Development as developers of the town of Ave Maria and Ave Maria University. We appreciate the opportunity we've enjoyed in recent years to work with the county, environmental advocates, and other stakeholders in realizing the goals of the rural land study area through the creation of the town of Ave Maria and the development of the university, which will be part of that town. We're also grateful for your consideration of this request to expand the ongoing base flood elevation study under FEMA to all of Collier County outside of the area of critical state concern. The town of Ave Maria and the area proposed to be ultimately developed comprise less than 5,000 acres of the proposed approximately 100,000 acres proposed to be added to the study area. The elevation of that land at Ave Maria is some 20 to 22 feet. The FEMA flood elevation maps, however, arbitrarily define the area east of Collier Boulevard out to State Road 29 as an unnumbered A zone. The consequence is that the university and the adjoining town would therefore be forced to purchase flood insurance at considerably higher rates, indeed, at the highest rates under law, some $1,200 per $100,000 of improvements, higher than lower neighboring areas surrounding the properties. 82 July 27,2004 Mr. Healy had hoped to be here on behalf of Ave Maria University to share with you some sense of the implications this will have for the university and the development of what they hope will be affordable housing at the university, but we respectfully request that you simply apply your own imaginations to the implication of an extra $1,200 per $100,000 of improvements to this land and to only this land and to no other land throughout Collier County, and anticipate what the implications will be. We believe this is wrong, and we agree as a matter of fundamental fairness with your own staff that the study should be expanded to cover the remainder of Collier County and the remainder of the rural land study area. We also believe that expanding the study area and making it part of the existing study is the only way to seriously get the attention of FEMA by providing data that's empirical and is generated through the existing consultants. We thought it might be helpful to you, however, to put the pending request in the context of its historical significance. When the detailed flood insurance rate map study was initiated in 2003 to cover the coastal areas and parts of Golden Gate Estates and when the study was expanded earlier this year in 2004 to cover the major portion of Golden Gate Estates, it included developed and undeveloped land, it included densely populated and sparsely populated land, it included zoned and unzoned land, it included land that was subject to a community development district and land that wasn't subject to a community development district, it included land that was part of special taxing district and land that was not part of special taxing district. What the initial study and the first expanded study, however, had in common with each other and what they have in common with the proposal in front of you today are four basic things: They included all of the land within Collier County except for the area of critical state 83 ~-_.._~....- July 27, 2004 concern. They all included land for which valid empirical data was required to set base flood elevations actively. They all included land for which the landowner and their predecessors had paid ad valorem taxes over a significant period of years. And finally, they all involve a cost of the ongoing study to be paid for and the cost of the pending expanded study before you today proposed to be paid for from the same funding source, ad valorem taxes, to which all the property owners had contributed. We respectfully request that, as a matter of fundamental fairness, the base flood elevation study on these rural lands be considered on the same basis that you've considered all the prior requests, in fact, on the same basis that you've treated all the other property within Collier County . We fully appreciate that time is of the essence, and our client has generated extensive materials from its analysis of the rural land study area which they're prepared to share with the consultants and work with the consultants in expediting this in a way that serves their interest, serves the interest of the other 90,000 acres surrounding them, and serves the interest of all of Collier County. Thank you, Madam Chairman. CHAIRMAN FIALA: Thank you, Mr. Passidomo. I'd just like to make a comment here, although I probably should wait till everybody else did. But I would like to say I do believe that we need to expand these -- into this area so that all are treated fairly as far as the maps go. I believe this is the time to do it right now. Conversely, I think that everybody in the Estates has already been paying their taxes, and we are using that tax money in order to fund the study; whereas, this area has been paying little or no taxes all of this time, and I'd like to include them, but I feel that there should be some kind of cost sharing involved, because some of this area's still 84 July 27,2004 going to be never paying taxes, and we're going -- we, the citizens of Collier County, are going to have to be footing that bill. So I don't -- I don't feel that I would want to go ahead and fund the entire study. That's my issue. Commissioner Coletta? COMMISSIONER COLETTA: Well, we could always direct staff, when we reach some sort of understanding, to go back and see what cost sharing would be involved with -- Ave Maria, which you represent, is just a small part of this whole entity out there. I don't think it would be fair at all for you to bear the cost of the total thing. My question is, going back, Immokalee, how will Immokalee -- why isn't Immokalee included into this study as it is now, or is that something that's totally unnecessary? MR. SCHMITT: Commissioner, just for clarification. Well, to answer your question, preponderance of Immokalee is in an X zone, which is designated as not required -- requiring flood insurance because of the elevation. The area, the map shown on your screen, the yellow was the area that was sent to Tomasello Engineering by WilsonMiller as the area for study. This was not a proposal by the county staff. I would venture to say, and I've talked to Dick Tomasello, that if you look at the northeast portion of Immo -- of the map, north of Immokalee and the flowways that have to be evaluated, I would anticipate that some of that is going to have to be evaluated as it goes around Immokalee through that area, so Immokalee, in most cases, will probably have to be covered in some aspect of it, as along -- in the area of Lake Trafford. The -- but the area in yellow is the area that's being requested for this specific study at $120,000. You'll note in the executive summary, we've already spent $571,000 on this -- on the various aspects of the ongoing study. The-- MR. MUDD: And that part of the ongoing study, is that -- on 85 July 27, 2004 their screen that's -- MR. SCHMITT: Yes. It's the crossedhatched area, which is the preponderance of the rest of the incorporated county, or unincorporated county, and certainly into the City of Naples. And we do have a cost sharing agreement with the City of Naples. It's an 80/20 split, and that was just for the coastal study. The other thing that I want to make sure you understand, there is a portion -- of course, right here is Ave Maria, but this portion of the study would certainly benefit any future development in the Big Cypress special district as well, since it is inclusive of both the Ave Maria -- flowways that impact the Ave Maria and flowways that certainly may for future development in the Big Cypress Basin. You'll note in the executive summary, we do recognize the need to do this because we should expand the study eventually . We do have six ongoing studies right now with Tomasello Engineering, but we also caution that this would have to come out of fund 111 reserves, and I know there's a tight budget. And I would have to defer to the county manager in regards to whether or not -- or to you-all, if you want to -- if you want us to tap the fund 111 reserves knowing that we're pretty much tapped out. CHAIRMAN FIALA: When I spoke of cost sharing, I was speaking of cost sharing between the Ave Maria people and the Barron Collier people or the Collier Enterprise people. That cost sharing. I wasn't even including us in that equation. So I felt that, you know, they would be the beneficiaries. The people that we have included now that we're taking out of our ad valorem taxes have already been paying for them all along, and so I can see doing that. You know, like in Golden Gate Estates, people have been there for many, many years paying into these taxes, and so this is a benefit, and a rightful benefit for them. But this area has been -- COMMISSIONER COLETTA: Possibly we could leave it up to 86 July 27, 2004 staff to come up with something that would be equitable. In other words, it's not a case they haven't been paying taxes; they have. It's just been a very small amount of farmland or wild lands, but some sort of prorated system could come into play. And then recognizing the fact that taxes have been paying for all those years, prorate against what people may pay in Golden Gate Estates here along the coastal area for the benefits they're receiving. I'm sure we can come up with something that would be -- CHAIRMAN FIALA: Oh, I think so. COMMISSIONER COLETTA: Did you want to make a motion on that? CHAIRMAN FIALA: No, not yet. Commissioner Henning and Halas are waiting onboard. Commissioner Henning. COMMISSIONER HENNING: Well, it appears to me, the area in yellow, some of it will always be in farmland, and why would -- you don't need flood insurance for farmlands or a tractor or barn or something like that. So Mr. Passidomo, wouldn't you feel that your clients would be willing to pay for concluding this study? MR. PASSIDOMO: Commissioner Henning, as I understand it -- I'll defer to Mr. Schmitt. There are other basins, and this study can only be expanded on a basin by basin basis. You can't leapfrog over other basins. You have to be adjacent to the existing study area. That's why the proposal clearly includes 100,000 acres of which only 5,000 acres is included within Ave Maria. But as I understand it, there was no alternative but to include the entire 100,000 acres. COMMISSIONER HENNING: Which -- answer my question about your clients; would they be willing to pay -- pick up the cost associated with this expanded study? MR. PASSIDOMO: Well, Commissioner, they'd be willing to, as Chairman Fiala has suggested and Mr. Coletta has suggested, look 87 July 27, 2004 at what they've paid in taxes, what they've received in services. In all due fairness, I think ones who represent the rural areas fully appreciate that the cost of services to these areas has been diminimus over the years. To have that taken into account in what a fair cost sharing would be, would be appropriate. But we'd like to take into account, too, what's happened throughout the county. In other parts of the county, there have been special taxing districts in place, community developments districts in place, and there have been places where they've been sparsely or unpopulated. But each of those areas receive credit for taxes paid. And we'd like -- we think it's important to make the decision to move forward with this study. No question about it, you need to come out of that meeting -- this meeting with that. But as we talked to staff about a fair cost sharing, we'd like all those factors to be taken into account. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Hopefully staff can give me some direction here in regards to, what's the elevation out there? I know Immokalee's around 35 feet above sea level. What are we talking about in these other areas of -- do you have any feel at what elevation MR. SCHMITT: Just a rough guess. It ranges from probably -- in this area maybe in the 20s up to about 25 or 30, and 35 up in Immokalee. And the question in regards to the basin study -- and I'll just flip for a minute. This may be a little bit more confusing. But shown here are the different colors of the flowway basins that are studied. We're not -- in the -- in doing the analysis of the flowways -- and I won't describe each of these, but this is the rather large flowway -- and the various flowways here, when Tomasello Engineering has to look at it, they have to look at the entire piece. 88 July 27, 2004 But we have no intent of going in there and doing flood insurance rate maps for the area. But it's just the way we have to gather it so we can analyze the -- well, the flood patterns and the flow of -- the patterns where waters would flow in the event of a significant storm. COMMISSIONER HALAS: So basically what we're say -- what you're saying here, if we cut to the chase here, that they probably are not going to have to be required to buy flood insurance anyway, so why spend the money out there? MR. SCHMITT: Well, the piece with Ave Maria -- and Mr. Passidomo is correct. Ave Maria and a preponderance of that portion of the county is in what is called an unnumbered A zone. An unnumbered A zone means it's undetermined. An insurer will say, it's undetermined or it's future -- it's going to be determined, and they will charge the maximum rate, because the insurer doesn't know what the rate is. Our intent in northern Golden Gate Estates and up through that area is to eventually define what we called numbered A zones or numbered AH zones and define the base flood elevation. The base flood elevation is important to the development from a standpoint of defining where the anticipated flooding 100-year event will occur, at what level, so that they can design the school appropriately and have buildings up above the base flood elevation. What had happened in a meeting we had concerning the DRI, in the Ave Maria DRI, we explained that to WilsonMiller, gee, we have a problem out here. We have unnumbered A zones, and you are going to pay dearly for insurance, just as folks in the Estates will, and that's why we've gone through this exercise to try and define and establish base flood elevations throughout the county -- and that's all the crossedhatched area there that we're going to try and establish -- and define elevations, or BFEs, base flood elevations. Out in that part of the county it just never came to mind because, frankly, it was -- there was no 89 -"---, July 27,2004 development. It was when we were at the DRI meeting back in May and we said, you know, we have a problem out here. You're building in an area that's an unnumbered A zone, and we ought to be looking at this as well, but we certainly recognize that it's sparsely populated. It was not included. You recall, we came back to the board for additional money to include portions of the Estates, Rock Road and other areas that were omitted, and that's pretty much what's included. Now, this is going to -- this will -- and Immokalee was not a concern, because -- I don't have the flood maps, but I got to tell you, about 95 percent of Immokalee is in an X zone, so it was pretty much irrelevant. The only area that was of concern in Immokalee is towards Lake Trafford to the west. And if I were -- if you-all direct, we will go back and negotiate with Tomasello. I would ask him to evaluate what would really have to be studied in regards to this, because if you're in the area -- like I said, if you're in the area -- up in this area, you may be looking at flowways or flows coming in and around Immokalee, but I would have to ask him what it would cost to also include that. I don't know. That's a long answer to your question. MR. MUDD: Commissioner, I could throw up another -- I can throw up another -- CHAIRMAN FIALA: Let me make a motion on this, if I may? May I do that? MR. MUDD: Can I -- yes, ma'am. Can I give you another __ somebody's -- can you hear me now? What I'd like to do is, there's another -- there's another way that you can try to figure out if there's going to be some kind of a cost share option. You could do it by land mass. Mr. Schmitt just mentioned that he would go back to Tomasello and talk to them about what areas to take a look at. What I -- and I want to say something about the Immokalee area 90 -.-- July 27, 2004 that's up on your screen in the light blue. We certainly don't want to go on out there and study the basin and end up taking Immokalee, which doesn't have to do flood insurance, and all of a sudden designate them into a different -- so you've got to be careful in that particular area to make sure that you don't -- 95 percent right now is in an X zone. You certainly don't want to take them out of an X zone because we went in and we studied that. So I think Mr. Schmitt needs to ask Mr. Tomasello about that yellow area that's to the northeast of Immokalee that sits there. The next issue I would say to you is, you showed some -- you showed some land areas, and you have Ave Maria in the middle, and you've got the Big Cypress stewardship district off to the left that's very long in that process. You could also do a cost share based on __ based on land mass in the yellow area that you finally come up with that you want to add on in the study, and then you can take that land mass and come out with a proportional share of what the dollars __ does it come -- this part comes out of 111, this part comes out of Ave Maria, and this one comes out of Big Cypress. CHAIRMAN FIALA: Well, my motion was going to let staff decide how they want to divide up that cost share. I was going to make a motion to approve the request to expand the scope of work with the existing contract but have staff work with the owners of that area, the property in that area, as well as the Ave Maria people, and figure out a cost sharing whereby the county is not paying the lion's share, but we will participate to some degree. COMMISSIONER COLETTA: I'll second that. CHAIRMAN FIALA: Okay. I have a motion on the floor and a second that we -- COMMISSIONER COLETTA: Do we address-- CHAIRMAN FIALA: Okay. COMMISSIONER COLETTA: I'm sorry. Did we address the Immokalee, the far part of Immokalee as far as where we're going 91 July 27,2004 there, or were you recommending we don't get into that? COMMISSIONER HALAS: We don't get into Immokalee. CHAIRMAN FIALA: You know, we might hurt them rather than help them. Okay. MR. SCHMITT: If I could ask, that's something, when we go back to the engineer, we're going to have to discuss the impacts. And certainly what Mr. Mudd said is correct. It's kind of, don't ask the question if you don't want to know the answer on this one, and the fact it's in an X zone. But we may have to -- I know I spoke with him and -- concerning the basin to the northeast, the Barron River canal basin, may have -- does impact the four portions of the Fakaunion and the Fakahatchee flowway. So I did talk to Dick specifically about that, and that does impact some of the flows coming across 29. COMMISSIONER COLETTA: That's sufficient, right? MR. SCHMITT: Yeah. So -- but we'll come back. This will have to come back again, and it will be expansion of the -- it'll come back to the board again because it's an expansion of the contract and the scope of work, and you'll have to approve the contractual arrangements on that. CHAIRMAN FIALA: Okay. So we have a motion on the floor, and a second by Commissioner Coletta. Any further discussion? MR. MUDD: Ma'am, could I ask a clarifying -- CHAIRMAN FIALA: Yes, sir. MR. MUDD: -- clarifying question? I just want to make sure, because staffs going to go out there and start negotiating. Now, you said not -- and I feel like I'm doing a parable at church. You know, if Sodom has 50 -- 50 good people, are you going to still destroy it, God? What I'm asking right now is, when you said lion's share, are you saying the cou -- the county's cost will not be more than 50 percent of the cost of the entire project? 92 .~_.-..~-_.- July 27, 2004 CHAIRMAN FIALA: That's exactly what I'm saying. Yeah, I prefer to see it 20/80, quite frankly, but I'm not going to say that in my motion. MR. MUDD: Not more than 50 percent. CHAIRMAN FIALA: Not more than 50. MR. MUDD: Thank you, ma'am. CHAIRMAN FIALA: Right. COMMISSIONER HENNING: Not less than 80? CHAIRMAN FIALA: Huh? COMMISSIONER HENNING: Nothing. CHAIRMAN FIALA: Okay. We've already voted on that, haven't we? COMMISSIONER COLETTA: No. CHAIRMAN FIALA: No? All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Thank you. Item #10E RECOMMENDATION TO APPROVE THE AGREEMENT FOR HALDEMAN CREEK DISPOSAL WITH LAKE VIEW DRIVE OF NAPLES, LCC, OF FLORIDA LIMITED LIABILITY COMPANY- A.E£R OVEn MR. MUDD: Commissioner, that bring -- that brings us to 10E, and that is a recommendation to approve the agreement for Haldeman 93 --.--.- " _...m."___"..."_~ July 27,2004 Creek Disposal with Lakeview -- with Lakeview Drive of Naples, LCC, a Florida limited liability company. And Mr. Peter Hayden will present from the stormwater department. MR. HAYDEN: Good morning, Commissioners. Peter Hayden, Collier County stormwater, for the record. Shown up here on the screen here is about a 14-acre parcel located off of Lakeview. Just to the west you can see Windstar Golf Course. As commissioners know we've been working on this proj ect for approximately two years now. We're back in with DEP and Army Corps to finalize our permits. As part of the permit process, we have to show a disposal site for the Haldeman Creek sediment. We have worked out this agreement with Antaramian Development over the past year or so. I'm bringing it forth to the board so that they can discuss it and get a recommendation to approve the agreement. CHAIRMAN FIALA: Okay. COMMISSIONER HENNING: Questions. CHAIRMAN FIALA: Yes. COMMISSIONER HENNING: The -- the agreement, the way it's written, I guess I have concerns about it. It's talking about density confirmation, it's talking about site development plan, and it's almost like we're giving a land use approval. And I just have a lot of concerns with that type of language in there. It should be more of an agreement of the spoils that are coming out of it and not a land use agreement. MR. HAYDEN: And I understand that. And as part of these negotiations over the past year, the developer felt like he wanted that language in there. I've worked with Joe Schmitt on this issue, and a lot of it goes back on the developer. They're going to have to meet timely deadlines as far as their submittal goes for their project. 94 July 27, 2004 Go ahead. COMMISSIONER HENNING: That has nothing to do with the spoil area, the use of this land for taking, you know, muck out of the water and putting it on the land. The land use item has nothing to do with it. Is the property owner or representation from the property owner here? (No response.) COMMISSIONER HENNING: Is there any public speakers on this item? MS. FILSON: No, sir. MR. SCHMITT: Again, for the record, Joe Schmitt, Community Development/Environmental Services administrator. Commissioner, in regards to use of the property for a site disposal area, it does require am improvement plan. It is -- which is the SIP portion, to deal with the construction of the -- the dikes and the weir system that will eventually hold the disposal material, and that requires approval process. Also, because this is an ST area and there are -- what was in contention was whether or not the ST permitted area in the mangroves would be impacted. It was determined that in this case they would have to come back in and do an EIS for this proj ect to define the impacts within the Haldeman Creek area. Not the creek, but the disposal area. I can go into more detail if you wish, but the bottom line, it is a transition. It's a site improvement plan because it isn't impacting lands within the county, and then that land will eventually have to come back through the approval process again as a site development plan when, in fact, the petitioner or the potential developer chooses to develop that property once the disposal area is retired, I guess, or converted to buildable property. COMMISSIONER HENNING: Are we predetermined in the 95 July 27,2004 SDP for building? MR. SCHMITT: We are not. COMMISSIONER HENNING: What's the density confirmation? It's page 3 of the agreement, number 3. The county acknowledges that Lakeview enters an agreement in reliance upon the county's confirmation that the property is eligible for 51 units. MR. SCHMITT: It's already existing zoning. That's in accordance with the existing zoning in the property, and I can't recall what it is right now. It's -- but that calculation was calculated right from the zoning that currently exists for that area of the county. So it's not a -- this would be built -- built under the auspices of the existing zoning. There's no rezoning required-- COMMISSIONER HENNING: So-- MR. SCHMITT: -- unless they come in and want to do a PUD of some sort. MR. MUDD: Commissioner, there was a lot of -- and I've mentioned to every commissioner, I said, make sure that you're comfortable with this particular agreement, and I've talked to each one of you on the dais and said, make sure you're comfortable. There was -- and the reason I basically said that to you, is earlier on there was a push by the developer, and it was a rather hard push, to have -- to have the Community Development/Environmental Services administrator determine based on his delegation of authority that an EIS isn't needed because that is in the ST overlay area that has to do with the Haldeman Creek issue. And Mr. Schmitt has determined that they needed to come in with an EIS, that's his decision to make, and I believe -- and I trust his judgment -- that that's, indeed, what needs to be done. I will tell you that developer is not happy about that decision. And my answer to the developer is, I'm sorry, that's the decision that's made, and you'll have to do an EIS. But I want to let you know that this agreement has been in negotiation now for almost -- more than a 96 -'.- July 27,2004 year, says Mr. Hayden, okay? And I will tell you, early on, we were very, very uncomfortable with this agreement. And I believe -- I've get as much comfort in this agreement now over that year period of time -- it still has verbiage in there that -- but when Mr. Schmitt made the determination that they needed to do an EIS, my fears were allayed as far as this agreement is concerned. I just wanted to let you know. CHAIRMAN FIALA: Okay. Then I make a motion to approve. COMMISSIONER HALAS: Second it. CHAIRMAN FIALA: I have a motion on the floor by Commissioner Fiala, second by Commissioner Halas, to approve the agreement for Haldeman Creek disposal with Lakeview Drive of Naples, and I have a second by Commissioner Halas. All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Thank you. MR. HAYDEN: Thank you. MR. MUDD: Commissioner, 10F and lOG are at one o'clock. Item #10H RECOMMENDATION TO AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $35,379,910.53 TO APAC- SOUTHEAST, INC. AND RESERVE $2,225,000 IN FUNDING ALLOWANCES TO CONSTRUCT ROAD AND UTILITY IMPROVEMENTS ON VANDERBILT BEACH ROAD, FROM AIRPORT-PULLING ROAD TO JUST EAST OF COLLIER 97 July 27, 2004 BOULEVARD; PROJECT NO. 63051; BID NO. 04-3675; FISCAL IMP A CTj):;7,60VlJ0 5:; - AEEROVED The next items on the agenda are 10H, followed by 101. The 10H is, this is a companion item to 101. Recommendation to award a construction contract in the amount of $35,379,910.53 to the AP AC-Southeast, Inc., and reserve $2,225,000 in funding allowances to construct road and utility improvements on Vanderbilt Beach Road from Airport-Pulling Road to just east of Collier Boulevard, project number 63051, bid number 04-3675, fiscal impact, $37,604,910.53. And Mr. Gregg Strakaluse, the director of engineering and transportation, will present. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: The -- well, first of all, I want to thank Norm Feder and the staff, especially the staff and Mr. Ruth, for working with the citizens up there, as they always do, with the projects. Commissioners, a much needed item. This, a widening of Vanderbilt Beach Road. My concern is -- and Mr. Feder and the staff -- and I talked about it yesterday and I'm still not happy, or I still don't feel comfortable. This project is a three-phase project. First phase starting at the west on Airport Road to Livingston. The second phase is from Collier Boulevard to Logan Boulevard, and the third phase is Logan Boulevard to Livingston. So my concern is, we're creating an hourglass effect where we're going to have a bottleneck in the middle. And if I'm the only one with that concern, then I think -- MR. STRAKALUSE: Commissioner, there are a couple reasons that I could go into that explain a little bit about the sequencing of this project. To start, and answer the question about sequencing, the project has been broken up into three milestones, starting at Airport Road to 98 July 27, 2004 1,000 feet east of Livingston Road where there are significant level of service and safety issues associated with that segment. The second phase is just east of Collier Boulevard to Logan Boulevard. There are two other network proj ects that will be coming online within the next year and a half. One of them happens to be Collier Boulevard between Immokalee Road and Golden Gate Boulevard, and the other one happens to be Logan Boulevard Extension from Vanderbilt Beach Road up to Immokalee Road. And as part of the Vanderbilt Beach Road project, it is required that we bring the intersections at Vanderbilt Beach Road up to par and to be consistent with the design of Logan and Collier Boulevard and to do that in sufficient time. That was one of the justifications for sequencing that way. Another one is construction related. Weare developing some pond sites, and there is some excavated material that we need to obtain from pond sites within that second sequenced area in order to bring the road elevation up in other areas, in segment two primarily. I can assure you that the contractor explains to me that he doesn't intend on working one segment at a time. He does intend on working throughout the corridor. He does have that right within the contract. You will see a busy contractor out there. COMMISSIONER HENNING: County Manager, do you have any concerns about the phasing? MR. MUDD: Commissioner, you're darned if you do and you're darned if you don't in this particular one. You've got -- you've got Livingston Road coming on, and you've got Airport. And if you open up those six lanes and open that bottleneck up, you've got people that can go north and south now, and when you get to Immokalee Road or if you can get down to Golden Gate Parkway -- and, again, Golden Gate Parkway has got some construction going on it. If you -- when you finish 951 and it goes six lanes from 99 '--... July 27, 2004 Vanderbilt -- excuse me -- from Golden Gate Boulevard up to Immokalee Road, if you get that Vanderbilt Beach piece done to Logan, that's going to force a lot of traffic down Logan. And if you remember correctly, it was constrained on purpose by the board because of the sentiments of the residents that live along that road, that that particular road from Pine Ridge down to Green would be left in its present configuration, and then from Green down to the Parkway, that Logan, Santa Barbara, would still be four lane on a six lane, and then it would open up to six lanes from the Parkway down to Davis Boulevard, if you can remember that. So it could push some traffic on the second phase down the Logan corridor and make that traffic congestion worse. That's the one piece of this that bothers me a little bit. You asked me for my concerns, that's my concerns. COMMISSIONER HENNING: And yet, there's nothing that we can do, since the contract was sent out there, the way that we're going to approve it, and I don't believe the board can change the contract on the dais -- MR. STRAKALUSE: That's correct. COMMISSIONER HENNING: -- for phasing. MR. STRAKALUSE: According to purchasing, the bid documents went out, and a competitive bid process was held under the conditions that were set forth. One thing that we are looking at changing in the future is to bring projects before your board, requesting authorization to go out and advertise proj ects, so you will see the bid package in its entirety ahead of time. COMMISSIONER HENNING: Motion to approve. CHAIRMAN FIALA: Okay. I have -- I second. COMMISSIONER HALAS: I have one question. CHAIRMAN FIALA: Let me just repeat that, and I'll get -- I'll get you for discussion, okay? 100 July 27, 2004 COMMISSIONER HALAS: Okay. CHAIRMAN FIALA: If I may. I have a motion on the floor to approve by Commissioner Henning, and a second by Commissioner Fiala. And now for discussion, Commissioner Halas. COMMISSIONER HALAS: Breaking this up in three phases, is it correct in my assumption here you said that it would be more cost effective to do it in this way because of the fact that you are going to use some of the fill for when they dig the ponds for adding to the elevation of the road; is that correct? MR. STRAKALUSE: That's correct. There's significant excavation going on in the eastern portion of the road proj ect. COMMISSIONER HALAS: So is this going to be cost effective as far as this project so that we save money for the taxpayers? MR. STRAKALUSE: It's as cost effective as could be designed. COMMISSIONER HALAS: Okay. So, I mean, there is a -- we are getting something out of this even though we may put the people in a position where they might be confined for a short period of time with the amount of traffic congestion they're going to incur; is that correct? MR. STRAKALUSE: Yes. CHAIRMAN FIALA: Okay. I have a motion on the floor and a second. Any further discussion? (No response.) CHAIRMAN FIALA: All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) 101 July 27, 2004 Item #101 RECOMMENDATION TO APPROVE SELECTION OF QUALIFIED FIRM AND AWARD A CONTRACT UNDER ITQ 04- 3583 "CEI SERVICES FOR COLLIER COUNTY ROAD PROJECTS" FOR PROJECT NO. 63051 "VANDERBILT BEACH ROAD SIX-LANING PROJECT FROM AIRPORT ROAD TO COLLIER BOULEVARD" IN THE AMOUNT OF $2,074,542.00 - AEEROVED CHAIRMAN FIALA: Companion item is 101. COMMISSIONER HENNING: Motion to approve. CHAIRMAN FIALA: And I second that. We have a motion to approve 101 by Commissioner Henning, second by Commissioner Fiala. Any discussion on that? (No response.) CHAIRMAN FIALA: All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (N 0 response.) CHAIRMAN FIALA: And now it's lunchtime. MR. MUDD: We break for 60 minutes, and start back at one o'clock? CHAIRMAN FIALA: One hour, yes. And we'll be back for the one o'clock time certain. Thank you. (A luncheon recess was had.) MR. MUDD: Madam Chair, you have a hot mike. Ladies and gentlemen, if you'd please take your seats. 102 July 27, 2004 Item #lOF RECOMMENDATION TO AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $32,999,885 TO MAGNUM CONSTRUCTION MANAGEMENT CORP. d/b/a MCM CORP. AND RESERVE $2,397,500 IN FUNDING ALLOWANCES TO CONSTRUCT 6-LANE ROAD IMPROVEMENTS AND A GRADE SEPARATED OVERPASS ON GOLDEN GATE PARKWAY GENERALL Y BETWEEN AIRPORT-PULLING ROAD AND LIVINGSTON ROAD, PROJECT NO. 60006, BID NO. 04-3653. EJSCALlMPACL.$~5,~97,~R5 - AEEROVED Commissioner, the item that we have right now, 10F. This is a time certain item for one p.m. This also has a companion item, lOG. This is a recommendation to award a construction contract in the amount of $32,999,885, to Magnum Construction Management Corp., d/b/a MCM Corp., and reserve two point -- yeah, two -- $2,397,500 in funding allowances to construct six -lane road improvements and a grade separated overpass on Golden Gate Parkway generally between Airport-Pulling Road and Livingston Road, project number 60006, bid number 04-3653, fiscal impact thirty-five million, three hundred ninety-seven thousand, three hundred eighty-five thousand (sic) dollars. And Mr. Norman Feder, the administrator for transportation services, will present. MR. FEDER: Commissioners, I'm going to be very brief. I'm going to ask Gregg to go through with you the actual bidding process and the contract. What I wanted to do is tell you that we've gone through a very, very extensive process in this project. Probably the most studied project I've ever been involved in, and I think in many respects, has benefited from that discussion in that venting. 103 July 27, 2004 Sometimes that creates anxiety, and I know we've all gone through that. But I can tell you, we've gone through and studied every alternative, any issue that's been raised to us. And in every case, the results have come back from thorough analysis, is, that an overpass is required to meet the needs in the future in this area. I also want everybody to understand and that while we're looking at the overpass there -- and that's what we're recommending to you today, that we award the bid and move forward with it -- it is our intent to make sure that that overpass is something that fits within the community. We've got hardscape features within this contract. We're going to be coming forward with landscaping features as soon as the construction's done and the contractor's out of the way. So I think we've got a very good project, one that, many respects, reminds me of Livingston Road where there's a lot of concern, a lot of issues leading up to its start of construction. And now the only question I have, and the answers, hopefully, in October, folks, is when is it going to be finally completed. So I hope that's exactly where we are here, and it turns out to be something very good for the community. I'll ask Gregg then to present you the specifics. MR. STRAKALUSE: Good afternoon, Commissioners, Gregg Strakaluse, for the record. What you have here is a culmination of a decade of planning and over two and a half years of engineering design and analysis. The recommendation you have before you is an award of construction contract to six lane the final segment of Golden Gate Parkway between Airport Road and Livingston Road and build a grade separated overpass at the intersection of Golden Gate Parkway and Airport Road. This project, like other major construction public works projects, has been designed with the future in mind. It's also been designed to 104 -~.-- July 27, 2004 achieve the expectations of this community's character by integrating unique architectural features and intensive landscaping. This past April your board authorized staff to advertise bids for this construction project. Staff did just that all in accordance with Florida statute requirements for bidding public works projects above $250,000, as well as Collier County purchasing policy. This comprehensive bid advertisement included two well-attended mandatory prebid meetings within a 56-day advertising period. Interest was expressed by several companies throughout this lengthy advertising period, up until the very last day. I would like to applaud Steve Carnell and his purchasing staff for their professionalism and their dedication to hard work and many long hours into the proj ect. The lowest responsive bidder, which happened to be the only bid received, was submitted by Magnum Construction Management Corporation out of Miami and headed by Mr. Juan Munilla. Mr. Munilla's here in the audience with us, and he is sitting right back in the audience. MCM has been in business for over 20 years and has extensive experience in building grade separated structures while maintaining an outstanding safety record. MCM's low bid isn't all that surprising because they just happened to be the successful low bidder amongst five other bidders on the state's interchange job just down the road, as well as the City of Naples water main relocation project along Golden Gate Parkway. That fact in itself, along with apparent economies of scale explain much of why other bidders did not submit a formal bid. After a thorough review of MCM's bid proposal and an effort on MCM's part to further reduce bid prices, the low bid construction contract being recommended for award is for an amount of $35,397,385.35, which includes $2,379,500 in funding solely dedicated to manage unforeseen events. 105 July 27, 2004 Construction costs are approximately four percent higher than the engineer's estimate, which can be attributed to unstable concrete, steel, and petroleum markets. In April your board made it clear to staff that it wanted to factor in potential costs associated with unforeseen conditions that come up during construction, normally handled by change orders. Staff worked with the purchasing department, the clerk's office, and is proposing a process that has been used by the Public Utilities Department for many years to manage unforeseen circumstances. The $2,397,500 that staff is requesting to be reserved for this project represents, to the best of our ability, those potential unforeseen conditions. This is not -- this is not funding guaranteed to the contractor. This funding allowance would only be used after a diligent valuation of the unforeseen condition in a thorough documentation process. Finally, timing is crucial, it's important to this project. By 2007 the new interchange at 1-75 will be open to traffic pouring an additional 18,000 vehicles onto the parkway. This project is scheduled for two years of construction, very difficult construction. This construction contract does have an incentive and disincentive provision for early or late completion of the proj ect. The contractor will receive roughly $4,100 a day for each day he finishes ahead of schedule, up to a maximum not to exceed the amount of $250,000 for 60 days of finishing ahead of schedule. F or each day he comes in late, a disincentive, along with liquidated damages, would be assessed in the amount of $21,000 per day. Madam Chair and Commissioners, this project is the next step in your board's five-year transportation work program, and that work program is designed to improve the county's entire road network to the year 2025 and beyond. The team has worked hard to reach this point and is present here 106 July 27, 2004 today; they include R W A, Stanley Consultants, Marlene Mesen (phonetic), in the audience, your county's project manager, Gary Putaansuu's also in the audience, and we're all here to answer any questions you may have. With that, staff recommends award of this staff construction contract to MCM with the reservation of the necessary funding allowances. CHAIRMAN FIALA: Do we have any speakers? MS. FILSON: Three. CHAIRMAN FIALA: We have three speakers; would you call those speakers? MS. FILSON: The first speaker is Karen Acquard. She will be followed by Russell Tuff. MS. ACQUARD: Madam Chairman, Commissioners, for the record, my name is Karen Acquard. Today I'm wearing two hats. First, as the past president and current treasurer of the Golden Gate Estates Area Civic Association. I have been asked to speak on their behalf. We want to remind you that although it was not a unanimous vote, the vote of the Golden Gate Estates members, which numbered close to 300, was in favor of this overpass. The majority of the ones who were opposed to it lived in the area that was serviced by our subunit, which is the Santa Barbara/Logan. But the majority of the people out in the Estates want this overpass. It will help ease congestion now, but it is there looking to the future of the -- with the rapid growth that is going on out there, being able to get into town to go to work. F or myself, I've watched this county grow and change since 1963. And while you have heard, and probably will hear more from naysayers, I want to point out a few facts and ask you to keep them in mind when you vote. Many of those opposing this overpass don't have a clue what lies 107 July 27, 2004 east of Airport Road, much less Santa Barbara, and definitely not 951. They have no idea how many thousands of houses are out there and that most of the people are workers, and that's -- for each home, there's at least two vehicles coming into town, and many of them are taking this route that's in dispute. Many of those who are opposed are doing so because they are worried about how it's going to affect their lives and their home. They don't really care how people get into and out of the city. And as for the overpass, we know that it is a fact that it's an unavoidable thing that's going to happen in the not so very distant future. If you wait until that time, the cost is going to raise so much, I don't even want to consider what it will be. And by then, many of the current dissenters will have returned to the north, they'll be put in nursing homes, many of them will have died, and the future Board of County Commissioners is going to be listening to a current group or a new group of criers, and they're going to be screaming, why wasn't this done back in 2004? Commissioners, please use your common sense and put this overpass in now before the cost keeps rising and we have a roadblock instead of a highway. Thank you. MS. FILSON: The next speaker is Russell Tuff. He will be followed by your final speaker, Jack Pointer. MR. TUFF: Good afternoon, Commissioners. My name is Russell Tuff, and today I'm representing the Golden Gate Civic Association and myself, and I live in Golden Gate City. And for many people, they don't have a name or a face for that, that live in the western part, so I just want to let you know my name is Joel. COMMISSIONER HALAS: I'll split that with you later. MR. TUFF: First of all, I'd like to applaud the efforts of the City of Naples, the Bear's Paw residents, and of Grey Oaks. And we all 108 July 27, 2004 wanted an alternative and we'd like a better way. We all want to have smooth traffic, and I guess we feel confident that the $500,000 we've invested in consultants is adequate, and we feel strongly that you should move forward. Now, one of the things that, as myself, you know the road will move commerce. I sit there from two to five light changes depending on the time of the year and the time of the day, and that costs lots and lots of money to the people that have services, whether it's the air-conditioning guy, or I have a business where we send people out on the street, and it takes lots and lots of time, and it is going to meetings, and we all pay for that time. And I believe one of the greatest fears that people have is aesthetics, what it will look like, what it will do. And I believe that what they'll -- from what I can tell, what they're going to put there is a lot nicer than what exists today. And as a civic association, we just hope that you go forward and make progress like we should. And I had one other note that has nothing to do with any of this. But on my way to town on Golden Gate Parkway, there was a City of Naples dump truck, a garbage truck, sitting on the side of the road, broke down. And in the late '70s, we had an agreement with the county and the city that said they will not run their trucks through the middle of our residential area. And so, if somebody could check into that, I'd -- it'd be nice not to have those garbage trucks running down that road, and maybe take a little ease off that parkway, too. Thank you. MS. FILSON: The final speaker is Jack Pointer. MR. POINTER: Good afternoon, Commissioners. For the record, Jack Pointer from North Naples. I am one who uses that road frequently, at least several times a week, from all four directions. I come in from up north to come down to the commission 109 _,.__..... ...__u____H·_ July 27, 2004 meetings, and I come from the commission meetings to get back home to supper, and sometimes I come over to Golden Gate for various reasons such as going to some of the Golden Gate Civic Association meetings that I attend. It is very important that this commission at this time move forward and approve this overpass, because if you don't, you're going to see exactly the same thing that's happened over in Sanibel where a bridge, just held up for a few years, has doubled the cost. It will do that to us and we're still going to need it. Please go ahead and approve this measure. Thank you. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Motion to approve. COMMISSIONER HALAS: Second. CHAIRMAN FIALA: I have a motion on the floor by Commissioner Coletta to approve, and a second by Commissioner Halas. Comments from Commissioner Henning? COMMISSIONER HENNING: I don't think -- while this capital improvement has been very controversial in our community, I don't think it takes joy for any of us to say we're jumping up and down wanting to approve it, but we have a responsibility. And, Commissioners, you have looked at all the other alternatives, and I'm sure you came to the same conclusion as I, is there is no other choice but to improve this. And if it is delayed any further, like Mr. Pointer pointed out, the costs are just going to escalate. We need to provide for not only our citizens today, but our future. CHAIRMAN FIALA: I'll weigh in today, too. And I'll tell you that it's probably -- I've struggled with this more than most. I almost envy Commissioner Coletta and Commissioner Henning because they see the problems daily and they knew where they were going from the start. They knew it was important to them.e 110 July 27, 2004 But I kept thinking of other ways to get around this thing. I was very concerned about that. And I felt that, you know, if you judge it, maybe we could make other alterations and we could save these dollars. So then I went to my -- my kitchen cabinet and asked them what they thought, and they said 9-3 build it. I went to East Naples Civic Association and just made a very -- a very open survey. I asked everybody in the room, should we have it or should we not, and it came out 30-32. So I mean, it was like 50/50. So the ball was back in my court. But as I poured through everything that the consultants have said and as I remember all of the planning that did not take place that we've had to make up with over the years, I felt that it would -- and we as commissioners are charged with planning for the future, planning for our residents in the future, planning for our children, I felt that I had to vote for this. So -- but I want to tell you, it's been a tough -- tough way to go. I wanted to make sure that my vote meant something to me and to my constituents. So do we have anything -- Commissioner Halas, did have you something to say? COMMISSIONER HALAS: I'd just like to say that -- I'd like to thank the staff for their due diligence in doing as much research as possible. And I also would like to thank all the citizens that got involved in this process. And yes, it was probably good. It was painful, but I think when we look at this, we have to not only plan for the future -- but one of my other concerns is, are the -- upon the completion of this overpass, I think it's going to help expedite getting people out of here in case we have a storm. That's one area that we won't have to worry about traffic lights and it will be an exit point to the expressway so we can get people out of here. 111 July 27, 2004 So I've studied this, I've looked at this, and I've also looked at citizens and a lot of their other proposals that they brought forth. And the bottom line is, I think this is the correct way to go about it. And I really believe that when this is completed -- I know people don't like __ there's a lot of people that don't like overpasses, but I really think this is going to add to the area. And as one gentleman pointed out here just a few minutes ago, it's going to be a lot better than what we presently have at this intersection, and I really think that with the added features, architectural features of this item that's going to be built here, that it's going to not be an eyesore. That in fact, it may be -- it might enhance that whole area there. But foremost, the reason that I'm voting for this is I can see how our -- the development of the communities out in that area are going, and I also know that we're going to have a lot of commerce coming in and going out of Naples. And, of course, there's the commercial area in Naples that's going to be expanded. So all in all, it's going to benefit everybody in Collier County, especially the people that live out in Golden Gate who have to traverse that area each day back and forth to work. So I just want to thank the staff. I want to thank everybody for really sticking together and coming -- having this come to fruition. CHAIRMAN FIALA: I didn't think commerce was going anyplace at all as far as the City of Naples goes. I figure they're about built out. But one of the things you've been -- one cord you've been striking over is hurricane evacuation. And I thought, the City of Naples people -- that's another thing that went into my decision making. City of Naples people would be stuck -- if they couldn't get out on Davis, and my goodness, they could never get up to Pine Ridge in time, how are they going to get out if a storm hits? And I thought, my 112 July 27,2004 goodness, we have to think about their safety also. So with that, I won't belabor the subj ect anymore. All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: We have a 4-0 on that. Item #10G RECOMMENDATION TO APPROVE SELECTION OF QUALIFIED FIRM AND AWARD A CONTRACT UNDER ITQ 04- 3583 "CEI SERVICES FOR COLLIER COUNTY ROAD PROJECTS" FOR PROJECT NO. 60006 "GOLDEN GATE PARKWAY GRADE SEP ARA TED OVERPASS AND APPURTENANCES, BEAR'S PAW TO LIVINGSTON ROAD" IN MR. MUDD: Commissioner, that brings us to the next item. This is a companion item. This item to be heard immediately following 10F. It's a recommendation to approve selection of a qualified firm and award a contract under ITQ 04-3583, CEI Services for Collier County road projects, for project number 6000 -- say it again -- 60006, Golden Gate Parkway grade separated overpass and appurtenances, Bear's Paw to Livingston Road, in the amount of $2,367,811. And Mr. Gregg Strakaluse will present. COMMISSIONER HENNING: Move to approve. COMMISSIONER COLETTA: Second. 113 July 27, 2004 COMMISSIONER HALAS: Second. CHAIRMAN FIALA: I have a motion to approve and a second. Motion to approve by Commissioner Henning and a second by Commissioner Halas. Any discussion? (No response.) CHAIRMAN FIALA: All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Thank you. Item #1 OJ RECOMMENDA TION TO OBTAIN BOARD APPROVAL OF A DEVELOPER CONTRIBUTION AGREEMENT BETWEEN BA YVEST, LLC, AND CENTEX HOMES (COLLECTIVELY THE "DEVELOPER"), AND THE COUNTY, WITH RESPECT TO THE HERITAGE BAY DEVELOPMENT. THE AGREEMENT: (1) IMPLEMENTS CERTAIN IMPACT FEE CREDITS SET FORTH IN A PUD DOCUMENT AND DRI DEVELOPMENT ORDER, WHICH WERE RESPECTIVELY APPROVED BY THE COUNTY ON JULY 29, 2003, INCLUDING REQUIRING THE DEVELOPER TO PAY TO THE COUNTY WITHIN 45 DAYS OF THE DATE OF THE AGREEMENT THE FIRST $5,000,000.00 OF THE HERITAGE BAY ROAD IMP ACT FEES; (2) SUPPLEMENTS THE PUD, IN THAT WITH RESPECT TO THE SOUTHERN BOUNDARY OF THE PROPERTY ADJACENT TO IMMOKALEE ROAD, AND 1.5 MILES OF THE WESTERN BOUNDARY OF 114 July 27, 2004 THE PROPERTY ADJACENT TO THE COLLIER BOULEVARD PLANNED EXTENSION, INSTEAD OF SEPARATE SIDEWALKS AND BIKE LANES AS REQUIRED BY SECTION 3.2.8.3.17 OF THE LDC, DEVELOPER SHALL CONSTRUCT A TEN-FOOT ASPHAL T GREENWAY TYPE PATH, OR MAKE PAYMENT TO THE COUNTY IN LIEU OF SUCH CONSTRUCTION; AND (3) FURTHER MEMORIALIZES A NUMBER OF DEVELOPER COMMITMENTS PREVIOUSLY MADE IN THE PUD - AEEROVED MR. MUDD: Commissioner, that brings us to 10J. And, Mr. Mitchell, I think I'm going to get a check that we're going to have to give you, okay? This is a companion item to 8A, and this is a recommendation to obtain board approval of a developer contribution agreement between Bayvest, LLC, and Centex Homes, collectively the developer, in the county with respect to the Heritage Bay development. The agreement: One, implements certain impact fee credits set forth in the PUD document and DRI development order which were respectively approved by the county on July 29th, 2003, including, requiring the developer to pay to the county within 45 days of the date of the agreement the first $5 million of the Heritage Bay road impact fees; Number two, supplements the PUD, and that with respect to the southern boundary of the property adjacent to Immokalee Road and 1.5 miles of the western boundary of the property adjacent to the Collier Boulevard planned extension, instead of separate sidewalks and bike lanes as required by section 3.2.8.3.17 of the land development code, developer shall construct a 10- foot asphalt greenway type path, or make payment to the county in lieu of such construction and; Four, further memorializes a number of developer commitments 115 ~---~---' July 27,2004 previously made in the PUD. And Mr. Don Scott, chief of planning for transportation, will present. MR. SCOTT: There's a slight difference between the PUD that was approve last year where they were talking about $5 million prepayment. It's actually -- what they would like to do is pay $7,057,652.50, which is somewhat less than half the development. They are excluding the commercial at this point. This is, of course, a follow-up to last year. It's been a year in the making mainly due to the Immokalee Road widening issue and whether we're going to have four or six lanes, now that that has been resolved. That's why we brought this back at this time to you. Any questions? COMMISSIONER COLETTA: Motion to approve. CHAIRMAN FIALA: Okay. A motion to approve from Commissioner Coletta. MS. FILSON: Oh, Commissioner, I have a speaker on this item, lOJ. CHAIRMAN FIALA: Oh, okay. We'll come back to your motion in just a second. COMMISSIONER COLETTA: That's fine. CHAIRMAN FIALA: Okay. We have a speaker. MS. FILSON: Bruce? MR. ANDERSON: I'm here to answer questions. MS. FILSON: I don't have a speaker. CHAIRMAN FIALA: Okay. So, again, there is motion on the -- COMMISSIONER COLETTA: To approve. CHAIRMAN FIALA: -- floor by Commissioner Coletta to approve, and a second by Commissioner Fiala. Any discussion on that, Commissioners? Y .? es, SIr. COMMISSIONER HALAS: In regards to some of the 116 -~,_. July 27, 2004 commitments that was made by the developer early on in the PUD, are we still looking at the seven plus acres that are going to be incorporated in that PUD -- MR. SCOTT: Yes. COMMISSIONER HALAS: -- for government buildings? MR. SCOTT: 7.78 acres, yes, we are. COMMISSIONER HALAS: Okay. That is still involved in that? Okay. And I assume that -- I think it was taken care of, the payment to Habitat for Humanity. That's been taken care of? Okay. Very good. CHAIRMAN FIALA: And you're still going to be building some affordable housing -- or workforce housing, not affordable, but workforce in there as well, right? MR. ANDERSON: Yes. CHAIRMAN FIALA: Okay. Okay. I have a motion on the floor by Commissioner Coletta, second by Commissioner Fiala. Any further discussion? (No response.) CHAIRMAN FIALA: All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Thank you. MR. WOODRUFF: May we make a presentation to you? CHAIRMAN FIALA: I don't know. COMMISSIONER COLETTA: Give us some money. MR. MUDD: Ma'am, ma'am, please, take it. CHAIRMAN FIALA: I was just going to say, are you going to 117 July 27,2004 pay for it? And then here they say it is money. I was going to be so silly. Richard, nice tie. MR. WOODRUFF: This is a check -- this is a check for approximately $3 million presented to the Board of County Commissioners from U.S. Homes. They will be building the eastern portion of Heritage Bay. There is a companion check in the amount of approximately $4 million from Centex Homes. They will be building the western portion of Heritage Bay. I'm Richard Woodruff with WilsonMiller. And we've also presented the actual check to Colonel Mudd on behalf of the developers. Thank you very much. CHAIRMAN FIALA: Thank you, Richard. Thank you very much. That helps our road get moving along, doesn't it? COMMISSIONER COLETTA: That brightens the whole day. CHAIRMAN FIALA: Thank you. Item #10K RECOMMENDATION TO APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 04-3553 IN THE AMOUNT OF $2,264,000 WITH CH2MHILL, INC., FOR THE DESIGN OF COLLIER BOULEVARD IMPROVEMENTS FROM US41 TO Okay. We're moving forward now to item 10K. MR. MUDD: 10K is a recommendation to approve professional service agreement number 04-3553 in the amount of $2,264,000 with CH2MHill, Inc., for the design of Collier Boulevard improvements from U.S. 41 to Davis Boulevard, project number 60001. 118 -"-" July 27, 2004 COMMISSIONER HENNING: Motion to approve. COMMISSIONER HALAS: Second it. CHAIRMAN FIALA: Okay. I have a motion on the floor from Commissioner Henning, a second from Commissioner Halas, to approve this -- this item, 10K, as recommended. Do we have any discussion from any commissioners? (No response.) CHAIRMAN FIALA: Do we have any speakers? MS. FILSON: No, ma'am. CHAIRMAN FIALA: All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: 4-0. Item #1 OL RECOMMENDATION TO AWARD "ANNUAL CONTRACT FOR MANHOLE AND LIFT STATION REHABILITATION CONTRACTING SERVICES" TO SELECTED FIRMS, BID 04- MR. MUDD: Commissioner, the next item is number 10L, and this is a recommendation to award the annual contract for manhole and lift station rehabilitation contracting services to selected firms. It's bid 04-3660, and it's project 73051 for $2,588,397, and public utilities will present. COMMISSIONER HENNING: Motion to approve. COMMISSIONER HALAS: Motion to -- yeah. Second. 119 July 27, 2004 CHAIRMAN FIALA: I have a motion to approve by Commissioner Henning, a second by Commissioner Halas. Any discussion on that, Commissioners? (No response.) CHAIRMAN FIALA: Any speakers? MS. FILSON: No, ma'am. CHAIRMAN FIALA: All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Thank you for your time and talent, sirs. Sorry we couldn't hear your scintillating tones. Item #lOM RECOMMENDA TION TO AWARD TO DIVERSIFIED DRILLING CORPORATION, BID NO. 04-3663, NORTH COUNTY REGIONAL WATER TREATMENT PLANT WATER SUPPLY WELLS - WELL DRILLING SERVICES UP TO AN AMOUNT NOT TO EXCEED $3,207,613; PROJECTS 710061 AND 710111 - AEEROVED MR. MUDD: Commissioner, the next item is number 10M, and this is a recommendation to award a diversified drilling corporation bid number 04-3663, north county regional water treatment plant water supply wells -- well drilling services up to an amount not to exceed $3,207,613. And this is projects 710061 and 710111. And Mr. James DeLony, the public utilities administrator, will present. 120 July 27,2004 MR. DeLONY: Commissioners, the -- COMMISSIONER HENNING: Motion to approve. CHAIRMAN FIALA: Second. COMMISSIONER HALAS: Second. CHAIRMAN FIALA: Okay. We have a motion on the floor from Commissioner Henning, a second by Commissioner Fiala for approval on this item. Are there any public speakers? MS. FILSON: No, ma'am. MR. MUDD: Madam Chair, I'd ask-- CHAIRMAN FIALA: Mr. DeLony won't have a chance to -- MR. MUDD: I'd ask the board just to listen to a couple statements by Mr. DeLony, because I believe that the well situation at the north water plant deserves some explanation to the board, because we are having some problems with the wells that we have there. Mr. DeLony? MR. DeLONY: For the record, Jim DeLony, public utilities administrator. The bottom line is, is that we were having problems delivering sufficient quantities of raw water to our reverse osmosis plant at the north water -- North Collier Water Treatment Plant. Weare working with our consultant, MedCalf and Eddy as well as others to advise us how best to proceed. The others being CDM, which we recently put under contract to help us with wellfield program management. Now, we have not found the solutions that are -- that have made me feel I've found the solution to recommend to you the -- what we need to do. It deals with the ability to operate those wells without having sufficient -- unsufficient -- or the wrong amount of drawdown on the well. And so that's what's caused the problems that we're having at the north plant. I've reported that to you weekly with regard to our ability 121 July 27, 2004 up there. We've met demand, we've stayed in compliance. But the bottom line of it, we've got some challenges mechanically, and also in terms of our aquifer management. What you've just approved will give us great flexibility to have additional wells there so we can better provide for the mechanical shutdown of those wells and perform the needed services on those wells, and also it gives us a reasonable amount of assurance to be able to have a continuous supply of raw water for the reverse osmosis process. Mr. Mudd, that's all I have to say about that. MR. MUDD: Thank you, sir. COMMISSIONER HALAS: Jim, while you're there, I've got a couple of questions. I realize that some of the problems that you were having there with the wellfield that we have presently probably is because of the fact that some of the wells are closely situated together; is that true? MR. DeLONY: No, sir. I don't think it's interference of drawdown. I do not. I think it just deals with us finding the right balance with regard to that wellfield. That's my assessment. Now, you know, I've got to make sure that I'm right in that assessment. But when we spaced those wells, I think that we had it right with regard to the ability to preclude drawdown affluence between wells. We also don't work them in series. We'll work one here and then we'll skip one or whatever. So that also limits the amount of drawdown we have within the affluence zone in those wells, sir. COMMISSIONER HALAS: And are these wells going to be in the same proximity as the present wells, or are they going to be placed MR. DeLONY: Well, the deeper -- Hawthorne wells will be spread out so we don't have those zones of affluence. And then the mid- Hawthornes will go into another level in terms of the aquifer itself. We'll be actually exploiting raw water from a different source 122 ~---,... July 27, 2004 than the Hawthorne. We'll be going a little shallower to what's called the mid-Hawthorne. COMMISSIONER HALAS: Where will this put us in respect to our requirements to be met next winter? MR. DeLONY: Well, it's going to be a close run thing, the ability to deliver these wells and have them up and running and predictable. Right now, the worst-case planning, I have them in May, coming online in May. I'll be working with the consultants as well as the environmental and the regulatory communities to make sure that we see what we can do to accelerate that schedule. I'd like to have a couple of these available to us no later than the middle of January, and that's really the bottom line of my focus. And the second -- the next items we're going to discuss in the agenda will explain why that's an important focus for the utilities department and -- the water department and the public utilities administrator. Does that answer your question? COMMISSIONER HALAS: Yes, it does. Thank you. CHAIRMAN FIALA: You want to tell us anything further? MR. DeLONY: No, ma'am. CHAIRMAN FIALA: Fine presentation. MR. DeLONY: Thank you. CHAIRMAN FIALA: All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) Item #10N 123 July 27, 2004 RECOMMENDATION TO APPROVE THE AWARD OF BID #04- 3670 IN THE AMOUNT OF $3,275.650 FOR A CONSTRUCTION CONTRACT WITH DeANGELIS DIAMOND CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE NORTH NAPLES GOVERNMENT SERVICES CENTER AND TO APPROVE A MR. MUDD: Commissioner, the next item is number ION, and this is a recommendation to approve the award of bid number 04-3670 in the amount of $3,275,650 for the construction contract with DeAngelis Diamond Construction, Inc., for the construction of the North Naples government service center, and to approve a budget amendment of $746,274. COMMISSIONER HENNING: Motion to approve. MR. MUDD: Skip Camp will present. COMMISSIONER COLETTA: Second. CHAIRMAN FIALA: Okay. Did you want to make a presentation? MR. CAMP: Just, that's a straight-up bid. We're taking the low bid. It was competitive. We had six contractors, and request your approval. CHAIRMAN FIALA: Okay. I have a motion on the floor by Commissioner Henning, second by Commissioner Coletta. Any further discussion? (No response.) CHAIRMAN FIALA: All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) 124 July 27, 2004 MR. CAMP: Thank you. Item #100 REQUEST FOR THE BOARD OF COUNTY COMMISSIONERS TO TERMINATE A CONTRACT FOR THE CONSTRUCTION OF THE SOUTH COUNTY REGIONAL WATER TREATMENT MR. MUDD: Commissioner, this brings us to item 100, and this is a request for the Board of County Commissioners to terminate a contract for the construction of the South County Regional Water Treatment Plant, contract 01-3174 (sic), and item 12B to be heard immediately following this item. Commissioner, this was an item in your absence that I approved, and I'm asking the board to ratify the decision that I made in your absence. COMMISSIONER HALAS: Motion to approve. MS. FILSON: Madam Chairman, I'm sorry. I have two speakers on this issue. CHAIRMAN FIALA: Oh, thank you. Okay. COMMISSIONER HALAS: Retract that. COMMISSIONER HENNING: Well, I'll second it, but I want to hear a little bit of details to what's going on here. CHAIRMAN FIALA: Would you like to-- MR. DeLONY: Do you want to hear the public speakers first? CHAIRMAN FIALA: No, you can -- you can give your presentation first. Then if you -- you know, or at least outline it. You already see where we're going. If you want to just outline it just so that you have something on the record, that would be great. We'll hear from our speakers, and then move on. MR. DeLONY: Yes, ma'am. 125 July 27,2004 For the record, Jim DeLony, public utilities administrator. Ma'am, the record, as reflected in the executive summary -- CHAIRMAN FIALA: Yes. MR. DeLONY: -- but we have reached the point where both time and quality have reached -- in terms of execution of that contract have been unsatisfactory, and we have recommended to the board that we terminate said contract, and that's the bottom line. And the specifics, again, are a part of that executive summary. And I'd like to hold any other remarks at this time, other than maybe directly responding to your questions. CHAIRMAN FIALA: Very good. Yes, it was -- you stated it all in the summary. Our speakers? MS. FILSON: Yes, ma'am. We have two speakers. Gregory Galmin will be your first speaker. He will be followed by Bob Krasowski. MR. GALMIN: Good afternoon. Madam Chairperson and members of the board, my name is Gregory Galmin. I am the division manager for United Engineering. United Engineering received a Notice to Cure on July 29th, 2004, for the proj ect that was just mentioned, the south county proj ect. UEC did not agree with this Notice to Cure and believe that there are improper grounds for the Collier County's actions; however, upon receipt of the Notice to Cure on July 29th, 2004, United Engineering immediately prepared an alternative for completion plan, mobilized additional manpower, increased project management staff, and procured all outstanding materials in an effort to expedite the work on referenced project. Despite our acceleration efforts, UEC received a Notice of Termination on July 13th, 2004, hand carried by Mr. Roy Anderson, public utilities engineering director. Given the fact that there are countless unprocessed change orders 126 July 27, 2004 worth a few million dollars and hundreds of calendar days time extension that have been requested and the fact that this proj ect is 96 percent complete and in the start-up phase is not only untimely, but not justified. Obviously UEC does not want to litigate our improper termination, and we still hope to resolve and settle our differences outside of court to minimize a frivolous lawsuit which will cost the ratepayers of Collier County and United Engineering a tremendous amount of money. Please keep in mind, even if the board members decide to award the completion of our contract to Wharton-Smith, the project will not complete any sooner than the completion date noted in our most recent schedule update; therefore, in our opinion, this termination makes no sense at all. In closing, we ask that Collier County and the Board of County Commissioners postpone their vote to officially terminate and award a new contract to the Wharton-Smith Construction Company. CHAIRMAN FIALA: Next speaker? MS. FILSON: Yes. Bob Krasowski. MR. KRASOWSKI: Good afternoon, Commissioners and general public, county staff. My name, for the record, is Bob Krasowski. I'm here today essentially to address some of the issues that are peripheral to efficiency in management in the county. Much of the insights I've developed are through pursuing an understanding of solid waste recycling, composting, and those various things. These issues fall under the purview of the public utilities department. And in my pursuit of an understanding, I've come to notice that certain typical situations have developed. Earlier I had requested of you that you put on the regular agenda the award of a $350,000 Malcolm Pirnie contract, which is actually a 127 --'..---. July 27, 2004 $500,000 Malcolm Pirnie contract. The 350, I guess, is indicated as the amount that they get, but there's also in there -- it might have been a typo, but I think what it is, is it actually identifies $500,000, which would include any costs to them. So you just put another half a million dollars towards them for this Orange Tree proj ect. And later under public comment, I'll speak to the details of what you're spending your money on. It would be better if you put your money to the sheriff and those great needs there, not consultants on top of consultants. But what brings me here to speak on this issue in particular is the understanding that -- and I have received several emails from Mohem Thoemke (phonetic), who's a former engineer. And you've been sent them as well, and so you've read them. I'd respectfully ask if you have read these? Okay. And it makes all of this here, among other activities of the county manager and the public utilities department controversial. So there are various opinions on what would have been best practices or what is best practices. And there are claims in here that there's enormous amounts of money that could have been saved had we proceeded in other ways. So my interest is the question, if our resources had been managed better -- economic resources been managed better, we wouldn't be squeezing the sheriffs department, squeezing the -- the moneys to provide staff for the jail as we are now. I was amazed as the sheriff sat here and his people made a presentation to you explaining that deputies were becoming ill because of diseases that had spread in overcrowded situations, yet you're telling them -- Mr. Halas goes to the -- Commissioner Halas goes to the budget director in the sheriffs department, well, I don't know what you do and I don't know what your job is, that's your job, but just cut the -- cut the costs. And I think they've been cooperative. It's a good idea to suggest that. They've worked with you. They've cut it. 128 July 27, 2004 But on the other hand, I've seen -- and I'm alarmed at this. I think we need an independent investigation of this situation. A job's ninety something percent complete, to switch now, the cost to go on to a new contractor is identified as $3 million. It's two million -- a little more than two million to stay with the people that are there. It will develop into a long-term legal battle, and I think we should try to work it out right now. My understanding insights -- and I notice here a team was put together including Malcolm Pirnie and several others, to look at this project. My insight has been, in regards to solid waste, that we have spent over the last three years over a million and a half dollars on Malcolm Pirnie Consultants, and I know -- I know that some of those projects could be done by other people, people that we had brought to the county, consultants from other places that are more knowledgeable on the tasks in regards to recycling and all that stuff, that type of -- those issues, the RFPs for composting, the RFPs for pyrolysis, the RFPs for -- Malcolm Pirnie's good if you want a landfill, if you want to build an incinerator, you know about that. But as far as implementing recycling, that's a whole other thing. So I've seen myself -- it's my opinion, it is my perception that much too much money has been spent on that, and this follows that same track of excessive expenditures to certain people for work that we could do -- among other ways, do in-house. That $500,000 you just released on your consent -- that you refused to bring on to the regular agenda, under the -- not the consent agenda, but that other agenda, you refused to honor my request -- that money could pay for one or two people in-house for years to handle the tasks that they are assigned, and I'll speak later under general comment -- other things, public comment. But for this moment, I don't think you should go along with this. And we, the public, might have to take action to get inquiry and investigation legal in the county for this stuff, because you're not 129 July 27, 2004 doing it. MR. MUDD: Madam Chair, just some corrections. This is Jim Mudd, county manager, for the record. The first thing I'd like to correct in the particular statement that was just made, we're talking about the difference between enterprise funds and ad valorem funds, okay, and you can't take enterprise funds in the water/sewer district in order to offset ad valorem shortfalls, okay? That's the first thing. So you can't intermingle -- CHAIRMAN FIALA: Thank you for clearing that up. MR. MUDD: -- those particular cases. And the other thing that became quite obvious in that particular-- in that particular statement that was made, there was a statement that was made, and we brought people in town that you could have awarded contracts to. I believe that we was zero -- was Zero Waste Collier County, and Mr. Krasowski to this day is not a registered lobbyist, okay? And he comes to that podium, and in his statement just now to you, he basically said he was lobbying for award of contract. And the record will show it, Bob. And I would say at this time, Madam Chair, that Mr. Krasowski needs to go register upstairs in the Clerk's Office as a lobbyist. MR. KRASOWSKI: That is totally wrong. If you read the law about lobbyists, I make absolutely no money. I can advocate -- I am a political advocate. I am not paid or do derive any money -- yes. I talked to Senator Saunders about this. He gave me the law, and I asked him about it. He said, you're not a lobbyist. So Mr. Mudd, you know, if you want to pursue that, we could check it out together. We could come to an understanding as to whether -- but I'm saying that you are 100 percent wrong. CHAIRMAN FIALA: Thank you for all of the comments. I'm going to get back on to the subj ect here, and the subj ect at hand is the south -- rather terminating the contract at the South County Water 130 July 27, 2004 Treatment Plant that has been languishing for 18 months now, and we've tried to get the thing started. And so we have -- we have a motion on the floor from Commissioner Halas, I think it was. Who made the motion? MS. FILSON: Second from Commissioner Henning. CHAIRMAN FIALA: Pardon me? MS. FILSON: A motion from Commissioner Halas and a second from Commissioner Henning. COMMISSIONER HALAS: That's right. CHAIRMAN FIALA: And a second from Commissioner Henning. COMMISSIONER HENNING: I would like to say something. This is not anything that's new. It's been going on for years and years, and the Board of Commissioners has been aware this project should have been done a long time ago. And it's not something that just crept up. That was alluded to. I'll leave it right there where it is. CHAIRMAN FIALA: Okay. Very good. Any further discussion? COMMISSIONER HALAS: I also believe that all factions of government that needed to be involved in this project have worked diligently in regards to trying to come to a resolution on that, and I believe the Clerk of the Courts has been following this very closely. So I feel confident that we're on the right path here, that we have to make sure that we plan for the future, 18 months time line whereby they surpassed the -- by 18 months. They couldn't get this to completion, and I feel it's time that we find someone that can bring this to completion and get this thing up and running before the new season. CHAIRMAN FIALA: Thank you. Clerk, did you have anything that you'd like to mention on the record? 131 ._---,,~.,_... July 27, 2004 MR. MITCHELL: (Shakes head.) CHAIRMAN FIALA: Okay, fine. All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Okay. That's a 4-0. Thank you. We move on to item lOP. MR. MUDD: It's 12 -- you need -- this item on 0 had a -- 12B was followed -- to follow immediately. CHAIRMAN FIALA: Oh, yes. Thank you. Item #12B RECOMMENDATION FOR THE BOARD OF COUNTY COMMISSIONERS AS THE EX-OFFICIO GOVERNING BODY OF THE COLLIER COUNTY WATER-SEWER DISTRICT TO AUTHORIZE AND RATIFY A LAWSUIT AGAINST UNITED ENGINEERING CORPORATION AND UNITED ENGINEERING CORPORATION'S SURETY, NATIONAL UNION FIRE INSURANCE CO., FOR LIQUIDATED DAMAGES AND CONSEQUENTIAL DAMAGES ARISING FROM MATERIAL BREACHES BY UNITED ENGINEERING CORPORATION IN PERFORMING THE CONTRACT FOR THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT 8-MGD RO MR. MUDD: So we're going to 12B. CHAIRMAN FIALA: Thank you, sir. 132 July 27,2004 MR. MUDD: And that is a county attorney item. That's a recommendation for the Board of County Commissioners as the ex officio governing body of Collier County water/sewer district to authorize and ratify a lawsuit against United Engineering Corporation and United Engineering Corporation Surety, National Union Fire Insurance Company, for liquidated damages and consequential damages arising from material breaches by United Engineering Corp. in performing the contract for the South County Regional Water Treatment Plant, eight million gallons a day reverse osmosis expansion contract/bid number 01-3194. Item lOP to be heard immediately following this item. COMMISSIONER HALAS: Motion to approve. COMMISSIONER COLETTA: Second. MS. FILSON: I have speakers. CHAIRMAN FIALA: Okay. I have a motion on the floor by Commissioner Halas, a second by Commissioner Coletta, and we have speakers. MS. FILSON: I have two speakers, Madam Chairman. Gregory Galmin. MR. GALMIN: I have no further comments. MS. FILSON: Okay. Bob Krasowski. MR. KRASOWSKI: For the record, Bob Krasowski again. I'll just apply my previous statements to this item and say that I believe maybe some kind of mitigation would be in order before you take action to -- well, you've already taken action to get rid of the other people, but before you proceed with this, so I don't like waiving competition. There's indication that a lot of hyper excitement is used as a technique to push proj ects or to make them think they're an emergency. You might have remembered 1985, we were all told we were in a landfill emergency when those people were in here wanting to build 133 ...'_.._'.--.-,-~".---_..~.__._--.---,-- July 27, 2004 an incinerator. It was a big landfill emergency. I have it on videotape. I can show it to you if you want. I'm sure we need our water. That's coming up. But it's a complicated issue. We should have some people look into it. But thank you. COMMISSIONER HENNING: I'm glad you recognize that water -- drinking water is important. MR. KRASOWSKI: Well, you know -- what, did you think I didn't? You know, give me a break. COMMISSIONER HENNING: Well, the -- when was this project supposed to be completed? MR. KRASOWSKI: I don't know. I think sometime in the middle of the beginning of this year. I'm not sure. I know there's been extensions on it. I know it's 96 percent complete. I know it's going to cost us a lot more money to get rid of it, to cause a switch in it. You know, I'm just saying due diligence. And once again, I'm basing my heightened interest and concern over the claims made in this email. Might be just a disgruntled employee. If any portion of what's suggested in here is correct, we should be looking at that and not just letting -- you know, utilities comes up, oh, wonderful, move to vote. You don't even hear it, like we're in a big hurry or something. CHAIRMAN FIALA: We did look it up. I tell you, I read everything, I checked with the county manager, I had him answer things to me, I had him answer things to others. I'm guessing from the nods, everybody else did too. So it isn't like we just came in here to vote. There's a lot of preparation, and I don't mean to -- MR. KRASOWSKI: I would hope so. CHAIRMAN FIALA: -- con"ect you on the record, but I do have to say that I didn't just vote on this thing. I took a long hard look at it, read everything I could get my hands on, listened to pros and cons before we got here today.o 134 July 27, 2004 MR. KRASOWSKI: Well, I certainly appreciate that as a citizen of this community, but I also very much appreciate the process that allows for public input, for asking questions, to ask for people to explain themselves in general to the public, especially when there's a squeeze on budgetary issues. But sometimes you have to go outside of the house to get a different perspective and view. This has always been our advocacy on the solid waste recycling issues, get some fresh ideas, fresh people, and people that are not encumbered by the infrastructure that exists here, the special interest groups, and that might be what we need in this regard to get a fresh outside look at this, because these claims are -- I mean, you've read them, so it involves many millions of dollars, and without the accesses, could have covered our budget, and it's just a -- it's like a pattern now. It's a pattern. And I think it deserves your attention and -- external attention. CHAIRMAN FIALA: Thank you, Mr. Krasowski. MR. KRASOWSKI: Thank you. COMMISSIONER HALAS: I'm surprised, Bob. One minute you take us to the woodshed and you say we ought to do this in-house, and then the next minute you come up here and tell us that we ought to get some outside help. So I'm not sure where you're coming from, sir. MR. KRASOWSKI: Well, you're the county commissioners, so you're in-house, you know. So if this is to be done, it would be great if you were involved in doing this. But if that's not going to happen, I think someone should give attention to this. In-house meaning you, not necessarily the county staff, you know. So that's the dichotomy there. I criticize -- or I make strong suggestions, and I'm very concerned about the situation. You're familiar with the material I'm concerned about. But on the other hand, you know, I try to be positive and encourage you, once I -- take you to the woodshed. I haven't really done that. But once I criticize or express great concern, then I like to 135 July 27, 2004 see some -- be positive and hope for action. I've been a very hopeful person over the years dealing with you people and the school board on recycling and things like this. And, you know, we make some progress and not others, but this is serious, very serious concerns in here, very serious. COMMISSIONER HALAS: Bob, I can assure you that myself and my fellow commissioners, as Commissioner Fiala said, we've done -- we've studied this intently. We've got ahold of as much material as possible, not only by staff but outside, to try to get it -- make it come to a determination in figuring out the best way to address the problem that we have at hand, but we have to take into consideration all the people that are going to require water in an upcomIng season. And we just squeaked by this year, and this plant should have been up and running 18 months ago. It's not. If we have to take -- that's what we're charged with and that's why we're here today and that's why we're -- at this precise moment, we're ready to vote on this Issue. CHAIRMAN FIALA: Thank you. I had -- MR. KRASOWSKI: You know, just -- excuse me. I'm sorry. But real briefly, the -- there are two opinions as to who and what actions are responsible for the shortcomings in this project, your project. And that's what I'm saying we might, you know, need some other input into this. And excuse me for interrupting you, Ms. Fiala. CHAIRMAN FIALA: That's all right. MR. KRASOWSKI: I appreciate your dialogue. CHAIRMAN FIALA: Thank you. MR. KRASOWSKI: Thank you. CHAIRMAN FIALA: Okay. I have a motion on the floor by Commissioner Halas, second by Commissioner Henning. I think that's the way -- 136 July 27, 2004 MS. FILSON: Coletta. CHAIRMAN FIALA: -- it went. Coletta? Oh, I'm sorry. Sorry about that. COMMISSIONER COLETTA: That's all right. CHAIRMAN FIALA: All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) Item #1 OP RECOMMENDATION TO WAIVE FORMAL COMPETITION AND AWARD A CONTRACT TO WHARTON-SMITH INC. CONSTRUCTION GROUP TO COMPLETE THE CONSTRUCTION OF THE 8 MGD RO EXPANSION AT THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT FOR AN INTERIM AMOUNT NOT TO EXCEED $3,000,000. - .AE£R aVED CHAIRMAN FIALA: Now we go to lOP. MR. MUDD: Yes, ma'am. And lOP is recommendation to waive formal competition and award a contract to Wharton-Smith, Inc., Construction Group to complete the construction of an eight million gallon a day reverse osmosis expansion at the South County Regional Water Treatment Plant for an interim amount not to exceed $3 million. COMMISSIONER HENNING: Motion to approve. COMMISSIONER HALAS: Second. MS. FILSON: Madam Chairman, I have two speakers. 137 July 27, 2004 CHAIRMAN FIALA: Okay. We have two speakers. I have a motion on the floor by Commissioner Henning, second by Commissioner Halas, and we have two speakers. MS. FILSON: The speakers are Gregory Galmin. He will be followed by Bob Krasowski. MR. GALMIN: Madam Chairperson, members of the board, again, my name is, for the record, Gregory Galmin, United Engineering. For the record, we disagree with the position that the -- Collier County has taken with respect to our contract, and their intent to award Wharton-Smith a $3 million contract to complete our scope of work. Thank you. MS. FILSON: Your final speaker is Bob Krasowski. MR. KRASOWSKI: For the record, Bob Krasowski. I have concerns about waiving formal competition, even if -- in this regard. So that along with whatever else I've said to this point. Thank you. CHAIRMAN FIALA: Okay. I have a motion on -- MR. CARNELL: Madam Chairman, if I could, for the record, just get a couple of things -- CHAIRMAN FIALA: Certainly. MR. CARNELL: Steve Carnell, your purchasing general services director. One thing I do want to clarify so the public understands, we are asking the board to waive formal competition, but that phrase formal competition means something very specific. It means a process of advertising announcement and a regular process for competition that is much more protracted and time intensive than we have available here. With that said, that does not mean we have not had competition in this process. We, in fact, have. And in making this decision to find a replacement contractor, if you will, for this job, we have contacted three firms, and we obtained qualifications and history and reference 138 July 27, 2004 and information on these firms. Your proj ect delivery team invited these firms in to make presentations to us and to go through an interview process with -- each one with the project delivery team, and the firm of Wharton-Smith is being recommended to you as we feel it is the most qualified firm and the one that's best suited to step into a very difficult situation and bring this proj ect to completion. The other thing to be aware of, we are asking for a declaration of emergency, but we're also asking that you act in the best interest of the county as well, and you're able to consider both factors in making this decision under your purchasing policy. So I wanted to have that on the record as well today. CHAIRMAN FIALA: Thank you. Okay. Motion on the floor and a second. All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Very good. Item #10Q THE PETITIONER REQUESTS THAT THIS ITEM BE CONTINUED INDEFINITEL Y. RECOMMENDATION TO DENY THE REQUEST BY WATERWAYS JOINT VENTURE IV FORA REFUND OF TRANSPORTATION IMPACT FEES TOTALING We move on to -- 10Q is continued indefinitely. 139 July 27, 2004 MR. MUDD: It's continued indefinitely. Item #10R RECOMMENDATION TO APPROVE THREE (3) TOURIST DEVELOPMENT CATEGORY "C-2" GRANT APPLICATIONS AND THREE (3) TOURISM AGREEMENTS FOR NAPLES BOTANICAL GARDEN $217,650; THE CONSERVANCY OF SW FLORIDA $100,000; CITY OF NAPLES $50,000; TOTALING $367,650 FOR FY 05 AND APPROVE THE COUNTY OWNED MUSEUM FUNDING REQUEST OF $1,276,900, AND DIRECT STAFF TO PREPARE AMENDMENT TO ORDINANCE 92-60 TO INCLUDE MUNICIPALLY-OWNED MUSEUMS FOR C-2 GRANTS - APPROVED MUSEUM FUNDING - OTHER ITEMS That brings us to lOR, and lOR is the old 16S2, and this is a recommendation to move three tourist development category C-2 grant applications and three tourism agreements for Naples Botanical Garden, $217,650; the Conservancy of Southwest Florida, $100,000; the City of Naples, $50,000, all totaling $367,650, for FY-'05, and approve the county-owned museum funding request of$1,276,900, and direct staff to prepare amendment to ordinance 92-60 to include municipally-owned museums for C-2 grants. And this item was moved to the regular agenda at Commissioner Henning's request. COMMISSIONER HENNING: The reason I requested for the board to have discussion, this was brought before the Board of Commissioners the meeting that I had to fly up north, and there was some concerns raised by Commissioner Coletta in which I agreed with, but I wasn't present to voice my opinion that -- with the issue with the Naples Depot, I think that we should put off some of these 140 July 27,2004 things until we resolve that issue, until we know where the -- where we're going to get the funds. Just a priority of the board, and our priorities haven't been set yet. CHAIRMAN FIALA: Mr. Wert, would you like to comment? MR. WERT: Madam Chairman, Jack Wert, tourism director. Just wanted to point out to the board that the two grants that you looked at previously for Naples Botanical Garden and for the Conservancy both went through that competitive process of applying through the Tourist Development Council, and then we subsequently brought those to the TDC and to the county commission. And we've added a third, so that's why we were bringing it back this time. The City of Naples had also applied for their Naples Preserve project to bring all of those displays and so forth up and make it a nice area for people to look at all the ecotourism offerings we have in the area. So both the Conservancy -- well, actually all three of those projects are time sensitive in terms of being ready for next season. Conservancy certainly wants to move forward so they have this exhibit ready when season starts, and delay would certainly be a problem for them. Also, the Naples Botanical Garden has a number of proj ects that they're doing display-wise that take a bit of time to build. They need that time as well. So the fact that they've been through this process, this is the process that we've given each of the museums to go through, if they have projects, to go through this process and be part of the whole budget process then for the county. So these three projects really -- although they stand alone, they are all important to the promotion of tourism in the area, and we'd certainly like to see those projects go forward so they don't lose time and miss the season. And certainly, we could bring back something -- anyone, for that 141 July 27,2004 matter, the Depot or anyone else in the museum business who has a request for funds through TDC funding, that they could bring those back as well. We certainly are limited in terms of the amount of funding that we have. There is a C-2 category with a specific amount of money that's designated for that. And with these three projects, we're pretty well using up those funds, so we would need to do a lot of moving around and changing of allocations in order to accommodate another funding project. COMMISSIONER HENNING: So you have plenty of funds if the Depot comes forward? MR. WERT: No. I'm not saying we have -- I'm saying this -- these three projects that we have currently pretty well expend what we have allocated for the C -- the C-2 projects for FY-'05. COMMISSIONER HENNING: Okay. CHAIRMAN FIALA: We have a speaker. MS. FILSON: We have two speakers. CHAIRMAN FIALA: Oh, I'm sorry. Could we hear the speakers first, or would you like to -- COMMISSIONER HALAS: Sure, sure. CHAIRMAN FIALA: Okay. MS. FILSON: Joe Cox. He will be followed by Sondra Quinn. MR. COX: Afternoon, Commissioners. Joe Cox from the Conservancy of Southwest Florida. I just wanted to thank you for hearing this this afternoon, and remind you the Conservancy's operated our nature center on Goodlette-Frank Road since 1982, and we've welcomed over 750,000 visitors, over half of which are from outside of Collier County. The nature center's a professional museum. We've completed the museum assessment program, and we're currently pursuing the American Association of Museums Accreditation Program. This funding will allow the Everglades, a work in progress 142 ---,-----,.. July 27, 2004 program, to go forward. It includes a permanent exhibit, which will be housed at the nature center, a traveling exhibit, which will tour the state promoting Collier County and the Everglades, and it will also provide the Everglades nature festival to be held in April of'05. This festival will attract visitors to Collier County to really experience the environmental aspect of Collier County. It will include Earth Day, it will include a national touring exhibit of Clyde Butcher, called Visions of Florida, it will include the new Everglades exhibit, the preserving paradise photo contest, as well as a large array of ecotours throughout Collier County. We committed a one-to-one match in this grant process, and we've already raised 30 percent of that match, and we'll be raising the rest of that match by October 1 st. Some of that match came from state funding and some of that match came from private foundations. The TDC category C-2 grant program's an indication of your support to the museum community, and it was designed to fund non-county museums, existing museums that are really promoting the cultural side of Collier County. We're also working together, the museum community, to bring the Florida Association of Museums conference to Naples for the first time ever, an indication that the state, too, is noticing our cultural community. I wanted to thank you for supporting this cycle of the TDC grant program and to specifically support this TDC grant approved application. It will allow the Conservancy to develop an exhibit and a program that attracts visitors to Collier County to experience our unique environment, and it is a time-sensitive program that -- we're hoping to be able to complete this project for season of '05. Thank you. MS. FILSON: Your final speaker will be Sondra Quinn. MS. QUINN: Good afternoon, Commissioners. Sondra Quinn, president and CEO of Naples Botanical Garden. 143 July 27, 2004 I just wanted to remind you all that we are a start-up garden. I know you've seen me before. And three years ago TDC helped us to open our first portion of the garden. We've now been open for three years, and we've gone from 1,000 visitors that first year to 25,000 this year, so we are growing really, really quickly. And 50 percent of the visitors -- we have been documenting everybody who comes -- have been coming from outside of Collier County. We are a not-for-profit museum. And as the Conservancy, we are also working towards our national accreditation from the American Association of Museums. I also am proud to tell you that we are into this year running our day-to-day operation on a sustainable basis, so we are earning or raising the money for the operation. The funds from the Collier County TDC indicate, I think, a public/private support that we've talked about in the past, a partnership with you that helps us to grow the museums here in our county. And again, as Joe mentioned, we are bringing over 250 people here from all over the state to showcase our museums in September. The funds recommended for this special proj ect by the CD B review committee and the TDC for the Exotic Wodd of Butterflies Pavilion, which will also include a smalllauroquite (phonetic) aviary as well as a chrysalis exhibit, and it will demonstrate the importance of pollination and the relationship between animals and plants in our environment. This is going to be extremely important to attract a new group of visitors, and it's very comparable to the one that they have in Fort Lauderdale, that -- Fort Lauderdale that has thousands of visitors. So it provides us with a new family attraction that we can market to the outside area. Presently we do have a contract with the CDB, and I would thank you so very, very much today if you were to approve this TDC-approved grant, which has been matched by the Garden, which 144 July 27, 2004 would allow us to create this new family attraction and to bring in additional tourists from the outside. Thank you. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: I don't have any questions at this point. CHAIRMAN FIALA: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yeah. I do have some concerns, you know, in the fact that we're going to try to make a decision based upon this, and we've still got the museum or the -- excuse me -- the Depot coming back, the same consideration. This is a little bit problematic, you know. I mean, when are they supposed to come back? Anybody know when they're supposed to be enforced (sic)? CHAIRMAN FIALA: Jim? MR. MUDD: First meeting in September. COMMISSIONER COLETTA: So in other words, if we vote for this, we exhaust all the funds, there'll be nothing to be able to move forward with as far as the Depot go~s; is that correct? MR. MUDD: Jack, you'd have to -- you'd have to tell me how your fund situation is in TDC. MR. WERT: We will pretty well deplete the C-2 category with these three that we're looking at currently . We would also, whenever the Depot comes through, according to our process anyway, we would need to take that back through the TDC, so it might be October, really, before we would have that recommendation, you know, is it a tourism project, and does it meet the criteria for those C-2 funds. COMMISSIONER COLETTA: In October, you're -- it would be a new year -- MR. WERT: Right. COMMISSIONER COLETTA: -- with-- MR. WERT: Would be our new fiscal year, and that's when all these -- right. 145 July 27, 2004 COMMISSIONER COLETTA: The funds would become available -- no, we're talking about funds now for October. MR. WERT: We're talking about October 1 funds -- COMMISSIONER COLETTA: Okay. MR. WERT: -- correct, for the new fiscal year. COMMISSIONER COLETTA: And so if we exhaust them now, why have them come back and talk to us? MR. WERT: Well, certainly we could change some allocations in the TDC ordinance to find them from another category. There might be another category other than C-2 that you might want to change the ordinance. COMMISSIONER COLETTA: Let's go back to the museums themselves, the county museums where our first obligation should always lie. Where do we come on that? Do we do the funding for that right across the board, or do we have to cut back on that? MR. WERT: No. Actually, that's part of this executive summary. We're actually indicating the one million -- 1,276,900 as the amount of money that we're allocating in the C-1 category for the county museum, so that's all part of this -- COMMISSIONER COLETTA: How far short does that take the museum budget from where they wanted to be? MR. WERT: Well, that's -- that's what we projected, and that's what's been projected, so that is their budget. Now, certainly they have some unfunded proj ects. But -- and I don't want to speak totally for them, but they do have those capital projects that wouldn't be funded anyway. COMMISSIONER COLETTA: But what about general maintenance projects and the ones that they have committed to? I know there was a bunch of things on the UFR list -- MR. WERT: On the UFR list -- COMMISSIONER COLETTA: -- we're looking to-- MR. WERT: Those were all capital projects though. Their 146 July 27, 2004 day-to-day operations are pretty well covered by this. COMMISSIONER COLETTA: I'm kind of concerned about the fact that we made a promise to Roberts -- on Roberts Ranch that we were going to do something at a certain point in time as far as construction goes, and we haven't lived up to that promise, and meanwhile, we find more ways to keep going farther and farther afield to spend money. I don't know if we can call on Ron Jamro, if we put him in a bad position now or not. I'd like to refresh myself, if I may, just to try to find out where this whole thing's coming from. Also, too, any additional information we can get as far as the Depot would also help. CHAIRMAN FIALA: I think Ron Jamro -- I can see you're waiting, Commissioner Halas, and then Commissioner Henning. COMMISSIONER COLETTA: Oh, I'm sorry. Did I jump in front of you? I didn't mean to. CHAIRMAN FIALA: No, no. No, you were first. COMMISSIONER HENNING: He changed his mind. He wants to talk now. COMMISSIONER COLETTA: I jumped in front of him again. That's all right then. COMMISSIONER HALAS: Commissioner Henning was next. CHAIRMAN FIALA: Oh, okay. But I don't know that Commissioner Coletta's finished. MR. MUDD: Commissioner Coletta, just to try to answer your question a little bit, there were $3.5 million for the capital dollars on the UFR list, for capital improvements to the museum system, okay. A large expenditure was out at Rogers (sic) Ranch in that particular item. Those were general fund dollars. Those were not TDC dollars in that UFR side of that. COMMISSIONER COLETTA: So the -- from the TDC dollars, what's the difference from what the museum normally would get and what they got this year? Is it any different? 147 July 27,2004 MR. MUDD: Commissioner, they got what they asked for as far as their percentage that they get out of the C-2 dollars, according to the ordinance, and the county did supplement their particular operation with general fund dollars this year again. COMMISSIONER COLETTA: That answers my question. MR. MUDD: So they have enough money to operate, sir. They're just a little shy on capital projects that have been languishing for years, basically your comments. COMMISSIONER COLETTA: Thank you, Mr. Mudd. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: I'm going to make a motion to approve category C-1 for the county-owned museum totaling 1.2769, for the county-owned museums, and let's bring this back till we get a broader perspective of what we're going to do with the funds and -- as far as it goes with the Depot. That's my motion. COMMISSIONER COLETTA: Well, I'll second it for discussion purposes, because I'm not too sure what that's going to mean as far as when the funds are going to actually be able to be disbursed and when they have to know as far as Botanical Gardens go and the Conservancy. CHAIRMAN FIALA: Okay. I have a motion on the floor and a second. Commissioner Halas? COMMISSIONER HALAS: I know we briefly discussed the Depot situation, but I don't think there's anything really in the plans on obtaining the Depot, is there? I know there's some preliminary discussions, but maybe the City of Naples -- maybe they can take care of this Depot matter. MR. JAMRO: Good afternoon, Commissioners. Ron Jamro, your museum director. I maybe can shed a little light on that for you. The discussions are still at an early stage. It's a tremendous opportunity for the museum to get a presence in Old Naples. We've 148 '''--,--"",,"~,"-- July 27, 2004 always wanted and desired that, thought that would be good for the entire museum system. I think Mr. McKee spoke to you. He called it a gateway to the county museum system, and that's a pretty good analogy. We're now getting some idea of the cost of what it would -- to refurbish the building, to mount an operation there, and it looks as though -- our facilities people are saying there's some repairs that would need to be -- it could be as high as $200,000 or more in repairs. If we're renting the facility or leasing the facility, I'm not sure those are all our responsibility, the county's responsibility. From a maintenance and operation point of view, probably about 200,000 a year to start. That includes some exhibit development. Those are rough numbers, to give you an idea. It's a half a million dollar project. CHAIRMAN FIALA: You know, I personally -- I'll weigh in on this as well. I personally feel that we're in the far too beginning stages of the Depot to penalize the other people who have already been approved through the Tourism Development Council to stop this from going forward. I'd love to see us get the money. I've been -- I've been working with them myself, and I want to go forward with that, but I think until we have a plan in place, till we know what we're going to do, till we find out how much it's going to cost and who's going to share with us, I don't think we can make any plans now. So I'm going to vote against this motion. So I have a motion on the floor and a second to only approve the portion for the county museum system but let the other ones stand aside till a later date. The motion is on the floor from Commissioner Henning, and a second from Commissioner Coletta. All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. 149 ,-.--.- July 27, 2004 CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed? Aye. Okay. That's a 3-1. MR. MUDD: Commissioner, that brings us to public comments on general topic -- no, before I move to that one, let's make sure I'm clear. I'm just -- what you just voted on is now starting to sink in. Just a second. We're to come back -- we're to come back to the Board of County Commissioners as soon as we have the information on the Naples Depot to bring those other particular items back to the board for consideration; is that correct? COMMISSIONER HALAS: Yes. COMMISSIONER HENNING: That's correct. MR. MUDD: Thank you. Item #11 That brings us -- Madam Chair, that brings us to public comments on general topics. MS. FILSON: We have two speakers, Madam Chairman, Bob Krasowski, and he will be followed by John Austin. MR. KRASOWSKI: Hello again, Commissioners. I've said much of what I had an interest in saying today on these previous topics. I'd just like to touch on some specific information relating to the -- what I had asked to go onto the regular agenda, but it wasn't possible to do that, so I'll address it now. As part of the -- what is listed on the agenda as an expensive $350,000 to purchase services from Malcolm Pirnie at the Northeast 150 -- --- July 27, 2004 Water Treatment Plant -- I believe that's the one over by Orange Tree, which is actually in another part of that item in your agenda packet. On page 2 of that, it identifies the actual cost as being as much as $500,000. I referred to that earlier. So what we're doing is, we have here, we're hiring a consultant, and one of their requirements is to -- out of -- there's 14 bullets that __ what they're going to do to (sic) us for $500,000, 350 to five thousand -- thousand (sic) dollars. One of it is they're going to review documents and reports provided by other consultants related to the project. So we have consultants on top of consultants, okay? The beginning items' bullets are, they're going to prepare a project management plan for the project, they're going to prepare our project schedules for the project, they're going to assist with presentation of project budget. What does the staff do around here? These are items and things that could be done by your adequately talented and skilled secretaries and administrative assistants in these different departments. Or if you don't have the people that can do that, you have here, at minimum, of $350,000 that you're dedicating to this task that identifies a date to finish the task as May 31st, 2005, yet there's other areas where there's a possibility of the project going on longer. I suppose the implication is that maybe these people will stay with the project. You've spoken at your budget workshop on how you've identified certain consultant fees that -- moneys that might better be spent in-house. And I know we want to keep government small, but there's a certain reasonableness about keeping the staff small. But when you start -- and I'm -- I believe now in -- myself, and I speak as myself today, although I have been involved for years with the zero waste program, right, as a volunteer citizen, advocate activist. And when -- the idea of what is to keep government small, I think, for many people, is an excuse to require the expenditure on 151 --- July 27, 2004 consultants. Consultants love to advocate for small government because they come in and they can charge an exaggerated rate to do the job that you could have done for less if you actually brought somebody onboard. And I'll tell you that a lot of these consultants don't live here. So if you're looking for good jobs for local people, pay people that are here, hire somebody to do the job, don't pay some consultants that fly off to New York or LA or wherever. There's a rate sheet here that I don't totally understand, but I'll draw it to your attention, and I'll talk about it later. But the rate sheet contract between Collier County and Malcolm Pirnie, the position, regional technical director, vice president, $260. Is that an hour for this person? That's what I'm assuming, it's $260 an hour. Regional practice leader, $220. Location director, 199. Program manager, program specialist, one hun -- program scientist, $169. What -- I've seen work done by staffhere, and some of it's pretty good. You know, I have my criticisms, you have your criticisms. And the people that we can hire -- I understand engineers make very __ so it's hard to get project managers because they're engineers and good ones. We only pay them like 40 or 50 or $60,000 a year. Let's bump up the salary for engineers, bring in proj ect mangers that can work in Collier County, stay in Collier County, and we'd save a whole bunch of money, and maybe we'd even approach doing the best thing. You have people -- you have these consultants with a predetermination. Giving one example, I was up in Tampa when Malcolm Pirnie, Steve Suarez was presenting, promoting, pyrolysis, and he was there, supposed to be our, you know, consultants here on solid waste. And then one other thing I'll finish up with is that consultant that's called Red Oak Consulting. It's a subsidiary of Malcolm Pirnie. We have hired Malcolm Pirnie to do consultant work, and then Red Oak Consulting has done some work. And I don't understand how that works. We have the subsidiary of the company working under a 152 July 27, 2004 contract for the company. And specifically, the listing of all Florida counties and the comparison of the waste and recycling and services they get, if you look at that document, it's identified as being done by Red Oak, and the three names on there identifying as being people of Red Oak are Daniel Deisch (phonetic), Robert French, I believe, and Steve Suarez. All these people, you know-- CHAIRMAN FIALA: Mr. Krasowski, I do have to ask -_ MR. KRASOWSKI: Well, yeah. I appreciate your letting me finish up, but -- thank you. MS. FILSON: Your next speaker is John Austin. MR. AUSTIN: Hi. I'm John Austin. I'm here representing the Coalition for Naples Park, the area association of Naples Park, and I'm standing in for Fred Turner from the TAG. So it's three groups that I'm here representing. The reason I'm here today is Naples Park, Best Friends Park, okay. I have had emails go to the commission, to Mr. Mudd, to Mr. Schmitt, Ms. Ramsey, and so forth, and the only ones that gave the courtesy of returning an email or a letter or a phone call was Mr. Schmitt and Mrs. Ramsey, not a peep out of anybody on this commISSIon. And we -- in that letter we didn't say we're asking. As taxpayers we are demanding a response for you to prove that Best Friend Park was or was not part of the Dover-Kohl plan. It has not been answered. I have sent documentation proving that it was, even right down to the Dover-Kohl people themselves, and I'll read what they said. Check those records again. The property now referred to as Best Friend Park was either clearly stated for purchase or already bought for park purposes prior to design of charette for the Naples Park community plan. Thus, we incorporated it into the plan that it was intended for a park with or without the large community plan. But there it is from 153 July 27, 2004 them, okay? Mr. Halas, you were quoted in a letter from Dwight Richardson as agreeing with him that this should be put on the ballot for the fall in the Turinger (phonetic) report. You've never retracted that, so you're on record as saying yes, it should be in the Dover-Kohl plan. COMMISSIONER HALAS: No, no, no. MR. AUSTIN: Excuse me. I'm not through, Mr. Halas. Mr. Henning and the rest of the board, you all concurred that whatever Frank Halas did, you would go along with him. And we don't want to hear about how nice it is to have a little park in the community . We're not arguing about the park. We're here to say they don't deserve another survey for a project that's already been voted on, and 76 percent of the residents said no to community squares, green space and, slash, park, P-A-R-K-S. A duck is a duck is a duck. A park is a park is a park. You have not responded to the request -- a demand, not a request. We're waiting for that, and if we don't get it, we have one other thing we can do. We can take this up with the state's attorney's office, because from the get-go of this whole program, there's been a lot of misinformation, false reports, people making statements that the majority wanted this, statements from the committee that look like sunshine laws are being violated. There are -- records that we asked for has not been sent deliberately on the part of some people. You don't want the public to know this evidently. But anyway, the other thing is, malfeasance in office. Because you've spent a half a million dollars on a project that five people convinced you to spend that money on. We deserve an answer to the 76 percent that said yes, the Dover-Kohl plan did include Best Friend Park. And I have documents on top of documents, and not one from this commission that says, yes, it wasn't -- was or was not included in 154 --.'-.-".--.--. July 27, 2004 the Dover-Kohl plan. Now, I don't want to stand here and read all those. You got them already. But you failed to respond. And it says in there, a demand. We don't work for you. You work for us. We demand proof before we put the taxpayers to more expense of running another survey. Now, you dumped this on the parks and recreation committee. And they responded, all they did is put in there what it said in the Dover-Kohl plan, because these parks would be green spaces, and that private industry would build around them. That isn't the way the people in Naples Park looked at it. They looked at it from the beginning. Once it said condominiums and townhouses to be lies (sic) of these parks -- and they were looking at five or six of them, that they were up in arms. They didn't want that. That's why they voted heavily against it. And we're under the impression that this is a foot in the door for the big builders to say, okay, we've got a park in there, let's buy the property around it and start the green space, and that will be the return of the Dover-Kohl plan. We'll be there fighting it. We're here today, and I would like someone on this commission to stand up and take the guts or take the bull by the head and say today, I want to make a motion that Mr. Austin is right, we didn't poll the people, we've had a survey, and we want this thing dead. As you said Mr. Halas, it's dead. First you said you're putting it on show, then you said dead. And you said, if there was one item in there that was yes, you would see to it that the people got it. There wasn't one item in that survey that would make you think that we should have another survey. And Mr. Coyle isn't here, but I'm going to take him to task for a few things he said. And he said he would never be taken by an ad hoc group again. And he stood before the chambers of the Republican committee here one night and said, I was taken once before by a small 155 July 27, 2004 group, it won't happen again, he was referring to Naples Park. And in addition at a commissioner's meeting, he stated he would never spend another dime on any further studies in Naples Park. He went back on his word. He's the one, along with you, Mr. Halas, that instigated having another survey done by the parks and recreation. And if you go through with it, I assure you the people will want me to go with this to the state's attorney office and investigate it from day one, the day Dover-Kohl walked into these chambers and presented it. CHAIRMAN FIALA: Your time is up. MR. AUSTIN: Excuse me. CHAIRMAN FIALA: I don't know why you -- MR. AUSTIN: Mr. Olliff warned the commission-- CHAIRMAN FIALA: Well, thank you. MR. AUSTIN: -- that they should do nothing without polling the people. That was not done. Thank you. Item #12A DIRECT DESIRED ACTION BY THE OFFICE OF COUNTY ATTORNEY IN TWO CODE ENFORCEMENT LIEN FORECLOSURE ACTIONS ENTITLED COLLIER COUNTY V. ANTHONY J. VARANO, JR., CASE NO. 99-4226-CA AND 00- 3430-CA - MOTION TO FORECLOSE W/MR. VARANO, AND TO MOVE FORWARD WI SETTLEMENT AGREEMENT WI MS. CAEOL.lli"O - A EEROVED CHAIRMAN FIALA: Now we move on to item 12A. MR. AUSTIN: No answer? CHAIRMAN FIALA: No answer. MR. MUDD: 12A is direct desired action by the office of county attorney in two code enforcement lien foreclosure actions entitled 156 '._"._'-'-'~--_._- July 27, 2004 Collier County versus Anthony J. Varano, Jr., case number 99-4226-CA and 00-3430-CA. And Ms. Ellen Chadwell from the county's attorney will present. MS. CHADWELL: Well, thank you, Mr. Mudd. Good afternoon, members of the board. This item was before you last month, and you're probably familiar with it. It relates to two code enforcement liens that were in -- the substantive foreclosure fashion that were filed against Mr. Varano. At the last meeting we were asking this board to give me -- or our office direction as to whether they wished for us to proceed with the foreclosures, whether they would terminate the agreement that was previously entered into. At that meeting we were given some direction that -- to offer a proposal with Mrs. Capolino, who is now the current owner of one of the original properties owned by Mr. Varano. We have prepared a proposed agreement. The -- it's not attached as part of the agenda, but the substance of the letter and the substance of the executive summary does set forth the terms. It's simply this, is that she has agreed that she will demolish the structure on the one property that she bought from Mr. Varano by September 13th. To that end she has already applied for and obtained a demolition permit as of last Friday. Should she fail to do that, the agreement simply states that the county will be -- will proceed with foreclosure. There will not be an option at that point, if she doesn't remove the structure and doesn't abate the violation, at which point the county is to go out and inspect the property, make sure that the violation has been abated. She's then to tender the $25,000 plus interest that was -- was set aside at closing on the parcel, and that will conclude the matter. The county would then release that property from the lien that it has, and dismiss her from the foreclosure action. 157 ,.-.-". --~.". July 27, 2004 As far as the other parcel, which is still owned by Mr. Varano, when I walked in here last month, he had removed a number -- all of the vehicles but two travel trailers, and had removed the exotic vegetation. I did try to contact him. I don't have any working phone numbers, although I've contacted his former attorney to that end, and I've written him letters. And today we just had someone go by the property just a few minutes ago, and there's been no change since last month. There are still two travel trailers and some engine parts and another vehicle out there, so he hasn't abated the violation. So we presented you with a couple options, namely, you have to decide if you want to accept the proposal with Ms. Capolino that would provide that she have an opportunity to abate the violation and then tender the payment. As part of the proposal, we have drafted an agreement that would incorporate the original agreement that this board entered into with Mr. Varano. So all those terms, to the extent they don't conflict, would also be part of the agreement with Ms. Capolino. If it's the board's desire to do that, then I need to know how you wish to proceed as to the other parcel owned by Mr. Varano. Would you like me to go forward with the foreclosure? Do you feel -- see any reason to give Mr. Varano any additional time? If so, then you need to give me direction. It's my recommendation that we go forward with the foreclosure as to that property and that we enter into this settlement agreement with Ms. Capolino. It is a short period of time, and there will be no need to come back to the board in the event she does not comply with this agreement. We will go -- continue on with the foreclosure suit and be done with it, hopefully. CHAIRMAN FIALA: Okay. Commissioner Halas? COMMISSIONER HALAS: Did Ms. Capolino have a demolition permit once before? 158 -.,. ~ .'-_.~ ~--"'~,--,-- July 27, 2004 MS. CHADWELL: Yes, she did. COMMISSIONER HALAS: And what -- what became of that? MS. CHADWELL: It existed for about 30 days and then I think she was -- I was told she was investigating alternatives with obtaining a building permit, which ultimately she did. But she never removed the structure in accordance with that demolition permit, so it expired after a six-month period. COMMISSIONER HALAS: So it expired after a six-month period, and then what was -- what did Ms. Capolino do at that point in time? Nothing? MS. CHADWELL: Well, prior to its official expiration, I believe she did go and make application for a building permit, so that was under review. It had been my position that she -- with her attorneys, that she was in violation, and -- by not having removed the structure within 60 days. So it made no difference to me whether she pulled a building permit at that point in time or not. I think we -- I would defer to her attorneys as far as explaining exactly the efforts that she undertook. I do remember that I submitted a letter, and heard Mr. Vasquez speak on her behalf last meeting about some of the difficulties she ran into in trying to either use the structure for a new building or to find contractors to evaluate the situation for her. And since that -- since the last meeting, we have been in contact with the attorney, and he has worked very -- worked with us. COMMISSIONER HALAS: Okay. So the end result here is that she's pulled another demolition permit. And if nothing is done by September the 13th, then you -- we're going to give you direction to go ahead? MS. CHADWELL: You won't need to -- I will assume that's your direction today, because by accepting the agreement, the agreement says I will go ahead if she doesn't comply. COMMISSIONER HALAS: Okay. I just don't want to see 159 July 27, 2004 where staff keeps burning up time, you keep burning up our time in regards to this thing. It's been an ongoing process for a number of years, so I'm hope -- I'm hoping that now we've got the guideline, we're going to take care of Mr. Varano, and then if something is not done on this other property, then we're going to go forward and address that issue, and we won't see it anymore; is that correct? MS. CHADWELL: That's correct, yes. COMMISSIONER HALAS: Good. MS. CHADWELL: If you accept the proposed agreement, if she complies in the time, and you authorize me to go forward with the foreclosure on Mr. Varano, then you won't see this item again. COMMISSIONER HALAS: I make a motion that we accept this agreement. CHAIRMAN FIALA: And I'm going to second that motion, but we have speakers. COMMISSIONER HALAS: Yep. CHAIRMAN FIALA: So we have a motion on the floor to accept the agreement. Is that how you want it to be worded? MS. CHADWELL: That's part of it, but you'll have to tell me what to do with the other parcel. CHAIRMAN FIALA: Oh, and foreclose on it. COMMISSIONER HALAS: Right now, start the foreclosure procedure on Varano. MS. CHADWELL: Okay. The foreclosure has been started -- COMMISSIONER HALAS: That's part of my motion. MS. CHADWELL: I will proceed with that. CHAIRMAN FIALA: And second. Okay. N ow we have two speakers, did you say? MS. FILSON: I have one speaker, Jeffrey Wood. MR. WOOD: Good afternoon, Madam Chairman, members of the commission. On behalf of Ms. Capolino, we're going to withdraw our request to speak at this time. I think that Ms. Chadwell reiterated 160 July 27, 2004 our position perfectly, and as such, she explained to you the heart and soul of the agreement. So we're going to withdraw our request to speak at this time. CHAIRMAN FIALA: Very good. MR. WOOD: Thank you. CHAIRMAN FIALA: I have a motion on the floor and a second. Any further discussion? (No response.) CHAIRMAN FIALA: All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: And now we have a three o'clock time certain, so we're going to have to take a break till three o'clock. MR. MUDD: Ma'am, I could talk about some things on 15. CHAIRMAN FIALA: I don't know that I want to. MR. MUDD: Let's take a break. (A brief recess was taken.) MR. MUDD: Madam Chair, you have a hot mike. Ladies and gentlemen, if you'd please take your seats. Item #8B RESOLUTION 2004-243 ADOPTING THE SEVEN YEAR EVALUATION AND APPRAISAL REPORT (EAR) OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS (DCA) FOR SUFFICIENCY REVIEW ACCORDING TO THE PROCEDURES AND CRITERIA OUTLINED IN SECTION 161 July 27,2004 163.3191, FLORIDA STATUTES, EVALUATION AND Commissioner, this brings us to the last item on the agenda. This is a time certain item for three p.m. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. Recommend that the Collier County Board of County Commissioners, the BCC, approve a resolution adopting the seven-year Evaluation and Appraisal Report, the EAR, of Collier County Growth Management Plan for transmittal to the Department of Community Affairs, DCA, for sufficiency review according to the procedures and criteria outlined in section 163.3191, Florida Statutes, evaluation and appraisal of the comprehensive plan. MR. LITSINGER: Clarification, Commissioner -- I mean Mr. Mudd. This is a legislative act -- matter. It does not require a swearing in or ex parte. MR. MUDD: I stand corrected. Madam Chair, Mr. Stan Litsinger and Marjorie Student will present. CHAIRMAN FIALA: Okay. MS. STUDENT: Thank you. All I was going to say -- for the record, again, Marjorie Student, assistant county attorney, was there was a glitch on the agenda index, and this item does not require -- it's not quasijudicial, so it doesn't require ex parte or swearing. MR. LITSINGER: Good afternoon, Madam Chairwoman, Commissioners. For the record, I'm Stan Litsinger, comprehensive planning director, and I'm pleased to tell you this afternoon we have before you the final adoption proposal for your Evaluation and Appraisal Report on your comprehensive plan. This is the second Evaluation and Appraisal Report on your plan, and I have to apologize for it being as voluminous as it is, but we've touched on a great many topics. 162 July 27, 2004 As you may be aware, this is the seventh workshop, public hearing, that you've had on this matter, the most recent having been May the 17th in a joint workshop with the Collier County Planning Commission, out of which you had recommendations and direction to staff of what questions to be resolved prior to the public hearings for adoption of which the Planning Commission had its hearing on July the 15th. We will share with you the Planning Commission's recommendation, the responses, the changes that have been made to this report since your last workshop. We will also recommend that you adopt some significant policy direction relative to the EAR report, and that as a result of today's adoption of this report, we will deliver it to the Department of Community Affairs for a 60-day sufficiency review period relative to the report. Ultimately, we would obviously expect a sufficiency finding working with DCA, and at which point we would have 18 months to adopt amendments related to the recommendations contained in the EAR report. We handed out, in addition to your notebook where we have marked with red tabs the corrections, updates, and additional information that we have added at your direction since your May 17th workshop, a number of loose items, including your executive summary . We also have in this package a memorandum dated July 19th from Randall Cohen of my staff where we outlined very briefly for you the recommendations of the Collier County Planning Commission. Also attached in the package of distribution materials are the 20 questions -- 20 some questions that were raised by Mr. -- Commissioner Mark Strain at your May 17th workshop, which we have, working with various staff members, prepared responses to, which were also presented to the Planning Commission. 163 July 27,2004 And the Planning Commission also voted to recommend inclusion of all the changes identified in the responses to Commissioner Strain's proposal. We also have attached in your package of agenda materials a letter dated July 1 of 2004 from the Conservancy relative to watershed management planning and the need to provide more attention to this issue in our EAR report and subsequent EAR-based amendments, and in our watershed management planning process, working with the various agencies, such as water management district, FDEP, and so forth. I can report to you that at the Planning Commission, staff did not have full concurrence on recommendation to support the Conservancy's proposed changes to the EAR and the subsequent amendments that will result. I can report to you that in the past week in discussions with Ricardo Valera of our staff, the county manager, my staff, and various people involved in Collier County in watershed management planning in years to come, that we believe that we have reached an accommodation. And we win provide you a copy of the agreed upon language that we would propose to include in the EAR, and also the Conservancy, I believe, has a brief presentation, may want to make a few comments relative to both their proposal and our agreed upon conclusion of specific items in the EAR report that will eventually become part of your comprehensive plan in the event that they're adopted as comprehensive plan amendments. In the memorandum dated July 19th, from Randall Cohen, we have encapsulated the recommendations on some key points that were provided to us from -- by the Planning Commission's recommendation and as a result of your direction on May 17th. What I would propose to do in this presentation is to briefly address a number of what we consider key points and policy points 164 ^"-_._--< July 27, 2004 considered -- excuse me -- contained in this recommendation, and also to ask for your direction relative to the latitude to apply some publisher's corrections as we go through the final extensive document prior to delivery to the Department of Community Affairs not related to policy issues. Very briefly, on the second page of your memorandum of July 19th, I'd like to point out a couple of key points which we think we would like to bring to your attention. Now, these all consist of the Planning Commission's recommendations, and they are supported by staff and reflect your direction following your May 17th workshop with the Planning Commission. Very specific and noteworthy would be the change to your density rating system as part of the EAR-based amendments that would be identified. Very briefly to summarize, the density bonus -- bonuses and density rating system would all be deleted with the exception of affordable housing density bonuses and also those density bonuses that have just been adopted relative to your transfer of development rights program and some additional incentives that you will be seeing in the next few months relating to that. This was direction directly from your workshop and also supported by the Planning Commission and brought forward to you. Also, the decision relative to maximum residential density in the coastal high hazard area is addressed and would be proposed in the report to be capped at four units. Here the base being three units, an additional unit to be achieved with the affordable housing density bonus only. As I had mentioned briefly, we have incorporated the responses and directions associated with Commissioner Strain's recommendation and support -- supported by the Planning Commission. We have a number of what I win call nonsignificant policy issues outlined on 165 -. July 27, 2004 page 3. CHAIRMAN FIALA: You were -- I hate to stop you __ MR. LITSINGER: Yes. CHAIRMAN FIALA: -- for just one moment though. But we're also including the transportation concurrency management areas? We were retaining that, right? MR. LITSINGER: Yes, ma'am. And as a technical matter, actually the TCMA in our new concurrency system is actually our compo plan after the period covered by this evaluation. CHAIRMAN FIALA: Okay. MR. LITSINGER: Yes, ma'am. We do not propose any changes to that whatsoever. In fact, we will note in our analysis relative to the concurrency section that we had, in fact, adopted significant changes since the period covered by this EAR as requested by the Planning Commission. Also, as noted by the Planning Commission and requested that we bring forward as a recommendation, would be the continued work relative to hurricane evacuation and issues associated with a forthcoming evacuation planning, emergency management planning, which is underway with Mr. Dan Summer's office, and we'll continue into the next year, both to identify the inventory of suitable hurricane evacuation shelters and all matters associated with that activity, including hurricane evacuation routes. COMMISSIONER HALAS: When was that going to be addressed? MR. LITSINGER: The emergency management planning is underway and is also included with additional contract dollars in your forthcoming budget for the fiscal year FY-'05. I would also like to note that, as you may have noted in your May 17th distribution of notebooks, it included copies of the water facilities supply work plan. Since that time, the legislature has adopted House Bill 293, which essentially provided an extra year for 166 July 27, 2004 this planning process and further recommended that these plans not be submitted officially with the EAR report but be withheld at this time for continued refinement and work with the South Florida Water Management District relative to the regional water supply plan. And we have withdrawn the water resources supply plan as part of this EAR report. Also, I would like to point out, as one of the recommendations that is not specifically an EAR-related recommendation by the Planning Commission to bring forward to you as a result of your May 17th workshop, but is certainly germane to the issue, is the matter of a policy decision relative to advertising to adjoining property owners in the manner that we do for planned unit development, PUD, rezones in the area of growth management plan amendments. This, in the memorandum from Mr. Strain, is his first recommendation, and the Planning Commission supports that. Here, again, that is not technically an EAR issue and probably would not be reflected in a comprehensive plan amendment, but would be a policy issue. How I would propose to proceed at this time is I would like to introduce the changes to the July 1 letter from the Conservancy relative to watershed management planning, which staff is in agreement with, which is also consistent with the Planning Commission's recommendation, and ask that the Conservancy make a few comments on that. We also have Ricardo Valera here from our drainage stormwater management program relative to the agreement that has been reached and our confidence in including these recommendations in our EAR report. After that, I would propose to open it to questions by the Board of County Commissioners relative to the broader document that we have or any of the summary comments and reflections of the planning commission that we'd offer to you as proposed inclusions in your EAR 167 -_.".-_._.^~~"£_.~-- July 27, 2004 report to be adopted today. CHAIRMAN FIALA: Probably what I'll ask is if, in between us asking any questions and your presentation, we'll get -- we'll hear the speakers, and I think that will move it along a little bit, if that's all right with you. MR. LITSINGER: Yes, ma'am. CHAIRMAN FIALA: Okay. How many speakers do we have? MS. FILSON: We have five speakers. CHAIRMAN FIALA: Okay. MR. LITSINGER: I would propose, ma'am, that we have the presentation briefly by the Conservancy relative to their recommendations on the watershed management planning process and the proposed changes, and some possible comments from Ricardo also. CHAIRMAN FIALA: Okay. MR. DAVIS: Madam Chair, members of the commission, my name's Gary Davis with the Conservancy of Southwest Florida. I'm going to be very brief about this. First of all, I do want to thank the planning staff and the stormwater staff and the natural resources staff for working with us on this issue. This first came up and we brought it up in the workshop that you had on the EAR a couple of months ago, whereas, you know, objective 2.1 of the CCME says that by January 1st, 2000, the county shall prepare watershed management plans that will address appropriate mechanisms to protect the county's estuarine and wetlands system. And as you know, those have not been done, and we're trying to be very positive and constructive about how to achieve those watershed management plans, because we think that they're very important for a number of reasons. Watersheds provide services, if you want to call them, to all the 168 July 27, 2004 residents of the county, they provide water supply, they provide the fish that people like to watch in the Gulf, and watersheds are extremely important in terms of flood control, too. So for all those reasons, we need to plan our watersheds and how they are protected and how they are managed in this county. So another reason, too, is that our water quality has suffered in this county as we have increased development through the year. And the Florida Department of Environmental Protection has evaluated our waters in the county and has found that several of them currently do not meet water quality standards. And as a result of that, there will be developed what's called total maximum daily loads in 2007, which we can get ahead of if we go ahead and start working on these watershed management plans so that we control our destiny when it comes to protecting water quality rather than having it imposed from Tallahassee. So those are the main reasons why we brought this forward. The changes that we have made to our initial proposal of language are fairly minor, but they have satisfied the staff. One particular issue we have taken out is the sea grass survey issue. That's something that we can deal with in another forum. So I think we've satisfied the staffs concerns. I will point out that the Planning Commission did vote 5-0 to recommend our language, but we have modified it to satisfy the staff concerns. If there are any questions, I'd be happy to address those. CHAIRMAN FIALA: So now, with the modified language, Conservancy is giving their nod of approval; is that correct? MR. DAVIS: Yes. CHAIRMAN FIALA: Okay. Sure, go ahead. COMMISSIONER COLETTA: It says here the policy 1.6.3 permits the county to use a three-day, 25-year storm event on a discharge rate standard. Is that a universal statement for all of the 169 -"~-"... ...."----.--..... ...-.-.----.. July 27,2004 inhabited parts of Collier County, or is this something that's specific to a particular area? MR. DAVIS: Commissioner, that was not addressed in our watershed management plan issue. The watershed management plans would, of course, be consistent with other parts of the Collier growth management plan. They would have to be. COMMISSIONER COLETTA: So this is a general statement and it doesn't really reflect upon any particular area? MR. DAVIS: I'm not aware of that, no. CHAIRMAN FIALA: Where is that in there? The page we just got? COMMISSIONER COLETTA: Yeah, the page that we got, on the second page over. MR. LITSINGER: Commissioner? COMMISSIONER COLETTA: The last part underlined, the county also recommends the policy be revised, from that point down. MR. LITSINGER: Commissioner, I might make a comment on that. The 25-year, three-day event is their adopted standard relative to maintenance of our drainage system's level of service standard, and our construction program and also our maintenance program is directed at maintaining that level of operational efficiency. COMMISSIONER COLETTA: Okay. One more time, I'll try this. It's not specific to one particular part of the urban area or the rural area? MR. LITSINGER: No, sir. COMMISSIONER COLETTA: Okay. Thank you. That's what I was trying to get to. COMMISSIONER HALAS: It's county-wide. MR. DAVIS: Any other questions? CHAIRMAN FIALA: No, thank you. MR. DAVIS: Thank you very much. CHAIRMAN FIALA: I'm glad that you guys are working so 170 July 27, 2004 well together and, you know, finding points of compromise. That's great. MR. LITSINGER: At this point, Madam Chairman, I would either propose that we go to public speakers, or we can take questions from the individual commissioners relative to specific questions. CHAIRMAN FIALA: Let's go to public speakers first. Yes. MS. FILSON: We now have six speakers. The first one being Bob Murray. MR. MURRAY: I'll waive. MS. FILSON: He'll be followed by Sam Durso. Mr. Durso will be followed by David Ellis. DR. DURSO: Good afternoon, Commissioners. My name is Dr. Sam Durso. I'm here as president of Habitat for Humanity of Collier County. Been doing this for 11 years now. I'd like to comment on a couple of things regarding affordable housing. One is the density bonus by right, and the other is the maximum density of four units per acre in the coastal -- coastal zone. In actuality Habitat for Humanity has three large projects in the coastal zone already; Victoria Falls, which is complete, which is 110 homes; Charlie Estates, which is 120 homes, which will be completed in the next six months or so; and the third project, which has already been approved, which is Henderson Creek or Artesia Point, and that's 206 units. But those will not -- CHAIRMAN FIALA: What about the Greenway; is that also in the -- DR. DURSO: No, Greenway is not in the coastal high hazard zone. So that's going to come back to you later on. But those three proj ects are already approved, and they're already -- they'll be completed, and that's about 600 homes. In the past we've always built four units an acre, which is what we do for single-family homes. The project at Henderson Creek is 171 -..,.. July 27, 2004 actually going to be six units an acre, and that's going to be our new product, which will be attached villas, which essentially will be duplexes. The reason we went to this is because of the high land costs, and those -- the land for that proj ect will still be costing us 35 to $40,000 a unit even though we're doing six units an acre. So my only fear is we probably -- we do not have any other land in the coastal zone right now, and we actually have 13 -- the land for 1,300 lots in our inventory right now. So we're quite proud that we've able to buy that much land. Now, about half of it's in Immokalee and half of it's in the Naples area. It all needs to be rezoned, so we're going to be coming before you to get all that land rezoned. Obviously, we also would like to pursue some land in the rural lands and use the TDR program, and that's going to be discussed later on. And I think I've already talked to most of you about getting a density bonus for affordable housing out there, and we'll talk more about that later on after we use the TDR program. But we probably, because with -- if this goes through -- and it is -- I assume it is going to go through, we probably will not build any more in the coastal zone, and it just takes some land away from us, but it's not land that we own right now. It means that you will probably have to give more density in other areas of the county, because affordable housing does have to be built somewhere. So we just want you to be aware of that. So it doesn't create tremendous hardship for us but -- because we didn't have any plans to do it anyways, but it does mean that we will not be able to look for land in those areas. CHAIRMAN FIALA: Sam, how many -- with the 600 new ones coming into East Naples, how many, all told, does that make it in East Naples? DR. DURSO: If you count -- Naples Manor is 190, so it would 172 -~ July 27,2004 be 190 plus those 600, that's about 790. And we're talking -- that will be done by -- maybe four years from now those will all be done. So four years from now we'll have -- CHAIRMAN FIALA: Is that including Greenway as well? DR. DURSO: It doesn't include Greenway. Greenway will probably be another 180, so -- CHAIRMAN FIALA: So a thousand -- DR. DURSO: -- 900 to 1,000 units -- CHAIRMAN FIALA: -- within East Naples. DR. DURSO: -- in the 41 area, right. CHAIRMAN FIALA: Right. DR. DURSO: So that doesn't affect us a lot, but at least you have to know that. The density bonus by rights would make it easier for us, but we've yet to buy a piece of land that we hadn't had to come before you anyways. And I can't see us buying a piece of land that we don't have to come to you for anything, for a PUD or for something. It's just the way we develop land. We don't buy land that's already approve for housing. So even though it would make it a little bit easier, it's not going to keep us from coming before you. We're still going to come before you all the time anyways. So it doesn't really affect us very much. CHAIRMAN FIALA: And I think with 1,000 of them there, it's good that we branch out to other areas. And 1,000 in one small mile long area is an awful lot, don't you think? DR. DURSO: Well, but it's not a mile. It's about a seven or eight mile area. And it's getting -- you know, between Naples Manor and Greenway Road is about six -- maybe six miles, so it's spread out. You know, and we still would like to find more land on 41 in the rural area as you go farther out, and I think we'll have to because there is going to be some development there. CHAIRMAN FIALA: I think we have to find plenty more land 173 ---....- July 27, 2004 because -- DR. DURSO: Right. CHAIRMAN FIALA: -- you've got such a good project. I'mjust saying that I'd love to see it dispersed a little bit. DR. DURSO: Right. And we're trying. As you know, we do have a piece of land on Immokalee Road, which we bought with your help last year. We just closed on a piece of land this week on 951 as part of the San Marino PUD. It's across the street from Naples National Golf Course. I've talked to you all about that. Also we're going to be going for a compo plan amendment, and we're doing a joint venture with a for-profit builder, and essentially it's inclusion of rezoning. He's going to do the upscale housing, and we're going to do affordable housing for him in that development. So that's another piece of land that's farther out. We also have gotten a verbal agreement on another piece of land in Immokalee that I hope to sign tomorrow. So we -- my point is, we have lots of land going forward, okay. What we need for -- and we've done a great job, and I -- you folks know that. We're the second largest in the country, both by the number of houses built per year and by the total number of homes. Let me just finish. But the need is tremendous. There's a need for 20,000 units in this county. We can do more. We did 120 houses this year. We can get to 150 houses a year very easily. What we need from you are two things; one, continue in approving of our zoning requests, which you folks have been doing, you've been very supportive of. The other thing that we need is a, kind of new subject. Up until today impact fees in this county for us for the last 11 years have been paid for with SHIP funds. That is no longer true. In Immokalee you have a program in effect now which we're going to use for deferral of impact fees, and that's how we're going to build our houses in Immokalee. 174 '._~- July 27,2004 But in Naples going forward, there is no program. So we need you to direct staff to come up with a program similar to Immokalee for affordable housing in Naples. If you don't do that, then we have to pay $15,000 per house impact fees. If we have to do that, we're out of business. I mean, we're going to build a lot less houses, and our donors are obviously not going to be very happy to support us if they think we have to do that. So we'd love you to direct staff to come up with some kind of proposal over the next six months or so for affordable housing in the Naples area, and I would say -- CHAIRMAN FIALA: Sam? DR. DURSO: -- maybe just go up to 60 percent of median Income. CHAIRMAN FIALA: I have to kind of stop you. I'm sorry. DR. DURSO: Right. I'm done, thank you. CHAIRMAN FIALA: Thank you. MS. FILSON: The next speaker is David Ellis. He will be followed by Brad Cornell. MR. ELLIS: Good afternoon, Commissioners. My name is David Ellis, and I work for the Collier Building Industry Association, and here today more in the capacity as I also chair your Affordable Housing Commission. I really agree with Sam. Of course, I always love to hear Sam speak. I'm on his board, and I always expect him to be in to pass that law, loves to raise money or do something, but he always has such a positive message. Sam really is a great example of what can be done through our affordable housing programs, and he's really become a master through his organization of making things happen. When Sam talked about the things he was able to do in the coastal high hazard area, most of those project, again, we were able to do at four units per acre. We're not going to be able to do that as 175 -~ July 27,2004 Habitat, and certainly any other developer that might be serious about affordable housing will be limited there. Now, I understand the reasons why you're doing that, but it does create a pressure. And I think something we have to just acknowledge and be kind of thoughtful about, really now if you're looking to affordable housing to get the density bonuses and things, you're more or less in your mind, if you could imagine, it's really U.S. 41 to 951, in that sliver that we have left, and we can really probably make it happen, and you guys know, there's just not land available in that area. So as a result, those that are really serious about doing affordable housing development are really going to have to scramble for their opportunities in that area. And I say that acknowledging, knowing that you were probably going to do this restriction in the coastal high hazard area, and for good reasons, for public safety and others, but know that we're creating an additional pressure that we're going to need to try to compensate for in other ways. As we talk about that also, we talked about the buy right zoning concept, and we said, as a community in what we're kind of sending to DCA, it says, we're going to continue to work on that concept and try to come up with things that work. You know, I realize that's going to be a challenge in other ways to really try to come together with some language that we can all probably feel comfortable with. As much as that, I'd like us really to develop kind of a buy right attitude at least as we approach affordable housing in Collier County. We've acknowledged many times, if we ever want to draw a crowd down here, all we have to say is, we're going to build affordable housing, and it concerns a lot of people. But we really need to be serious about taking that buy right approach if we can do that, particularly knowing the limitations that we have on affordability. 176 ~-,._- July 27, 2004 I'd also agree with my friend Sam, what he said about impact fees in the non- Immokalee area. That's a real problem for everyone that's doing affordable housing now. We're going to need to make sure we address that properly. The Affordable Housing Commission's taking a look at that. But any direction you can give to your staff to kind of empower them to move ahead with that would be very helpful to us. And lastly, as I've mentioned -- or Sam mentioned, on the TDR program, there was a workshop last week, and one of the things we did talk about was accommodations or extra credits in that fringe area for affordable housing. That will be coming to you in the weeks to come. Take that very seriously. When you do that, ask people like Sam Durso, will this work for you, and if it doesn't, how can we make it work for you? Because that fringe area, there are places in the fringe where affordable housing and where housing is appropriate and should be encouraged, and anything we can do to accommodate it, that's an area that we are very limited in right now. And if we can create some opportunities there, perhaps, we can compensate for other opportunities we've lost in more urban area. Thank you, Commissioners. Again, I -- more than anything, when we talk to developers -- and guys like Sam are different because he really understands our system. When people come to Collier County and talk to us about affordable housing, they always want to know, what's the mood? You know, does it work here? Is the community committed to it? And you, as commissioners, have done a number of very wonderful things working towards affordability, encouraging the HDCs, some of the other things. We need to continue to make sure we're putting a very positive face on affordability so we can attract those that will come and build that type of housing for our workforce, for the people that work for 177 July 27,2004 you here in government and to really make our community a better place to live. Thank you, Commissioners. MS. FILSON: The next speaker is Brad Cornell. He will be followed by Gary Davis. MR. CORNELL: Hello, Commissioners. I'm Brad Cornell with Collier County Audubon Society, and I'm here to support the language that I have just been reading through, that the Conservancy and your staff have worked out on watershed management planning. The Collier County Audubon Society's very supportive of this language and hope to see it in there. Thank you. MS. FILSON: Gary Davis? MR. DAVIS: I've already spoken. MS. FILSON: The next speaker is Doug Fee, and that's your final speaker. MR. FEE: Good afternoon, Commissioners. For the record, my name is Doug Fee. I'm with North Bay Civic Association. And first of all, I would like to thank you for the opportunity to speak today in the process that we've been through the past -- well, your staff has been through it probably the last year, the public has been involved for at least four meetings. A lot of future decisions are being made here. And in regards to the Conservancy and the issue of the watershed plans, our board, North Bay Civic, as well as another organization called the Estuary Conservation Association, we are in support of the language that is before you. Obviously the -- one of our most -- the best asset we have here is the waterways and obviously the beaches, and anything we can do from a proactive standpoint to regulate and make sure that we keep our waterways for the future safe and clean -- so we do support that. The second issue -- and I'll be brief here -- and that is the density in the coastal high hazard. And I put on the teleprompt (sic) a page 178 '---^'--""- July 27, 2004 out of the EAR report that's been presented to you. It is page 2.22.18. And I just want to clarify. We had attended the meeting in May in regards to the Planning Commission and the commissioners. And I have in front of me the transcript, just the brief ending of that, and it says here, David Weeks stated, the only two density bonuses that still apply are affordable housing, which applies anywhere but in the coastal high hazard, with only one unit per acre bonus with a cap of four, the other density bonus is conversion of commercial for non- PUD commercial zoning, which will still give 16 units per acre but not applicable in the CHHA. And I just want to -- real quickly here, in the information that is on the Web site that the citizens, the community, is able to read, the policy does state the elimination of those density bonuses, but the report itself, as it was produced three or four months ago, it may still indicate that those bonuses are in there. So I just wanted to make sure that, in these proceedings that, in fact, this rating table, will that be changed according to the policies that are -- MR. LITSINGER: Yes, Commissioner. That will be changed based on the Planning Commission's direction and your direction and the discussion and the content of the executive summary prior to the transmittal to DCA. MR. FEE: And that's my comment. Thank you very much. CHAIRMAN FIALA: Do we have any further presentation from the staff? MR. LIT SINGER: No, ma'am. We're open to your questions. CHAIRMAN FIALA: Okay. And that's all the speakers? MS. FILSON: Yes, ma'am. CHAIRMAN FIALA: Then we close the public hearing. And now we can go to questions. Let's see. Commissioner Henning, I think you were the first. COMMISSIONER HENNING: Commissioner Coletta's first. 179 "'--- July 27, 2004 CHAIRMAN FIALA: Oh, I'm sorry. COMMISSIONER COLETTA: Well, thank you. I have to, once more, express my dismay over the direction we're taking on affordable housing and using the coastal high hazard area as the reason for it. We had come before us our manager of emergency management and tell us that there was no problems, that it was something that could be worked around. We had people come from our transportation department and say it was no problem, and I see it as simply a red -- a way to redline the whole coastal area to prevent possibly a service that will never be required again in that area because of the cost of land, and I really resent it. I'll support affordable housing wherever it can go in Collier County. It's just something I wanted to get up real early in this meeting. Thank you. CHAIRMAN FIALA: Well, I'll just counter that with, one of the things that -- I don't see why we should protect the condominiums along the coastal high hazard area and keep the density down and why we should allow affordable housing. Why is it good for one and not the other? COMMISSIONER COLETTA: Well, why not just say you can't build anything in the high hazard area and put a moratorium on all building until hurricanes go out of fashion. CHAIRMAN FIALA: Well, that's kind of silly, but-- COMMISSIONER COLETTA: Exactly, it is silly. CHAIRMAN FIALA: -- why should we give extra -- why should we give extra density bonuses in an area that's already considered a hazardous zone? COMMISSIONER COLETTA: Well-- CHAIRMAN FIALA: See, I don't understand that. COMMISSIONER COLETTA: We can call emergency management back up, and we can ask the same questions over again about the danger that's -- that would come from hurricanes and what 180 --........ July 27, 2004 could happen. We've been through this little exercise before, and the emergency management agreed that there was a minimal risk for this type of housing in the area. We also did the same with transportation. We heard the same thing at that time. CHAIRMAN FIALA: We were talking over in the Vanderbilt area though, I think. COMMISSIONER COLETTA: No, we were talking the whole high hazard area. CHAIRMAN FIALA: Oh, okay. Commissioner Henning, were you next? COMMISSIONER HENNING: Sure. I'm glad Dr. Durso is here. That one thing that I want to talk about during the commissioner's comments is something I've been discussing with the county manager, other agencies, and how to assist affordable housing in the cost of construction in Collier County. So I just wanted to apprise the Board of Commissioners on that. It's a great opportunity. I think we're going to get to commissioner's comments shortly. CHAIRMAN FIALA: I'm not quite sure what you said. COMMISSIONER HENNING: I'll tell you later. CHAIRMAN FIALA: Okay. Commissioner Halas? COMMISSIONER HALAS: One area that I've had concerns about on the EAR study, and that is hurricane preparedness. Some of the areas that I'm concerned about is -- and it kind of falls in line with just the discussion that we just had here a moment ago, and that is the survey indicates that there will be about 273,000 people that will be estimated to be here in October. And if we had a hurricane at that point in time, 192,000 would leave via the road system, which we have no study for as far as the level of service. 181 July 27,2004 A couple of times I've asked the transportation department just exactly how we would address this issue, and I think there's something in regards to money being set aside to do a study, but I have very good -- great concerns about it. The other thing is, we're building a lot of schools here, high schools with auditoriums, and do we really know what the wind load factor is on those auditoriums, especially when you put in people that are -- greater than 300 people? I think there was -- there was some criteria in there where they want to lower the wind load on the schools. And another area that I have concerns in is that some of our shelters -- most of our shelters would be adequate if we have a category one hurricane. But once we get into a category two hurricane, then we start losing these shelters. And so what happens if we get into a category three? And these items haven't been addressed in the EAR report yet, and I have great concerns about it. And can you shed any light on this? And especially, like I said again, I'll just reiterate that, if we have a lot of people here in October or September -- and to try to get these people out of here. And I know I've heard terms about what we're going to __ evacuations done at certain period of time. I don't buy into that. I think we realize that this community has never been faced with a mag -- a large storm of any magnitude since 1960. And I'm really concerned at trying to direct people that's never been through something like this in that period of time, that they're going to follow directions. So I really need to know what we're doing as far as shelters. Do we know what the wind load factors are on these schools? I guess that's another question. And if we don't, we ought to find out what it is. And we also ought to find out if we can come up with some type of direction where we have both private and commercial and 182 ---,.~ July 27, 2004 governmental people working together maybe to come up with something similar to Teco Arena or something of this nature. MR. MUDD: Commissioner -- Joe, you asked for the wind speeds, okay, and then I'll get to the second part. MR. SCHMITT: You get the second part, because I know some of it has to do with schools and connects and emergencies shelters. Just to be brief, for the record, Joe Schmitt, administrator of Community Development/Environmental Services. All buildings in Collier County have to be built to the current Florida Building Code standard, which is 140 mile an hour wind load. There was some discussion that shelters in the coastal high hazard would be built to 160. COMMISSIONER HALAS: 160. MR. SCHMITT: But the criteria is 140; 140 is designed, you know, with a category four hurricane. COMMISSIONER HALAS: And that's with -- also you're going to house 300 people or over? MR. SCHMITT: I cannot talk any specifics in regards to shelters. I'll have to defer that to emergency management in regards to the plans for shelters. Go ahead. MR. von RINTELN: For the record, Jim von Rinteln from the emergency management department. Depending on the shelter, we can house in some cases up to 1,500. It's on a square footage proration. So it really depends on the shelter we're talking about, which high school, et cetera. COMMISSIONER HALAS: But what I'm getting at is that we have some shelters that are in category one flood zone. If we have a category two or three, I think Barron Collier then would no longer be considered a shelter if the storm category was two or greater; am I correct in my assumption? MR. von RINTELN: Yeah. The greater the category, the less shelters we have in Collier County, that's correct. 183 -.....'-.- July 27, 2004 COMMISSIONER HALAS: Okay. And are we going to have a determination of the level of service if we have 273,000 people living here in October? MR. MUDD: Yes, sir, and we're going to redo -- we're going to redo that particular plan. I will tell you from what I know since I've been here, emergency management budget has been done on a shoestring for a very long time, okay? There are counties all over the State of Florida that have separate millage rates that are set aside for emergency management, some as high as one mill in order to build the shelters. All we have to do is go to Lee county and we can see that they have dedicated funds and a tax rate in order to build those shelters in addition to what the school system has to do. Whenever I meet with the county manager in Lee County and whatnot, he says, you guys don't have any shelters. You don't come see me when you've got a hurricane. I'm going to be filling up my own. What I've asked Dan Summers to do is to take a look at all the particular schools that are coming onboard. Anybody that's bringing a gymnasium on or whatever, for instance, Ave Maria University, take a look at their dorm structure that they've got, see if we can get into any of those discussions with the developers there that we can -- that we can help out on. Some of the things that Jim just preclu -- or just alluded to in the fact that you can house up to 1,500, but if you can't air-condition the place for 1,500, you've got yourself a swamp inside the building because -- because it's humid when you have that hurricane, and if you've got all those people sitting in there and you don't have any kind of air handling capacity because you don't have a portable generator system where you can't isolate that building so that you can air-condition it, you've got unusable space because it's untenable. People just can't stand it anymore. It gets so close in there that, you 184 July 27, 2004 know, you want to come out of your skin. So we're taking a look at those particular cases. I've asked Mr. Summers to go out there with any developer that's coming in -- and I've used Santa Barbara Road as the road. Everybody that's east of Santa Barbara, if there's a development that's coming in that has to do with a community building or whatnot in a PUD per se, to look at that building and see if we can work out some arrangements with the community that's there, if we can use that particular shelter or that particular building as a shelter, because then you're getting farther away from the coast and you get yourself into a better -- better situation. We're trying to take a look at that without having to come back to the board with an increase in millage in order to fund a separate program. I've asked Dan to do that. He's working through that process. And we've had Tindale and Oliver come back and do a report, and I've asked them to go back and take a look at an alternative where we get a community and government partnership, that's what I'm talking about for shelters, so that we can take care of the taxpayers of this county in case there's an emergency that goes on. But I will tell you, those don't exist right now. They haven't existed in a very long time, and we're trying to get ourselves up to speed as far as our emergency preparation is concerned. COMMISSIONER HALAS: Jim, would you also find out what the wind loads are on the existing schools? I know the new ones, obviously, have to withstand higher wind loads. But on some of the old schools. MR. von RINTELN: And I have that information. It does vary. Some of the older schools are less. We've been involved in a retrofit program over the last eight years to try to upgrade particularly the areas that will utilize these shelters. Maybe not the whole school, but the gymnasium in the areas -- 185 July 27, 2004 COMMISSIONER HALAS: Gymnasiums. MR. von RINTELN: -- to try to bring it up to 140. MR. SCHMITT: The older -- the older standard is 120. That was some -- most of the schools built probably, at least two years ago or earlier, were built 120 miles an hour just as most homes. That was the old Florida Building Code, was 120, then went to 140. COMMISSIONER HALAS: So we are retrofitting the schools or auditoriums according to that? MR. von RINTELN: And those older schools, in many cases we've gone in and retrofitted up to the higher standard. We continue to do that, to the schools that are not in the surge inundation zone, so the ones that we're more likely to open as shelters. I do have information on each school, and we do have a good idea of what wind loads each one will take. COMMISSIONER HALAS: Okay. The only that I'm concerned with is that if we direct people to go to a shelter and we have a category two or three storm, then we're right on the ragged edge as far as wind loads go when you start putting in 300 and above people, up to 1,500, and so I've got concerns there. MR. von RINTELN: And that's something we looked at with each storm, and we would never open a shelter that wasn't secure for that particular storm. COMMISSIONER HALAS: Where would you put the people then? Because you don't have adequate shelters. MR. von RINTELN: For a large storm, like a category four or five, is it -- COMMISSIONER HALAS: Even a three. MR. von RINTELN: A three we'd only open the shelters that would withstand those winds and that surge, and we would encourage people to evacuate, and we would encourage the evacuation early on. COMMISSIONER HALAS: Okay. Again, that takes it back where we've got 273,000 people and figuring out level of service on 186 -- July 27, 2004 the road. MR. von RINTELN : Yes, sir. COMMISSIONER HALAS: Okay. CHAIRMAN FIALA: Okay. Oh, go ahead. COMMISSIONER COLETTA: Yes. Once again on evacuation and hurricanes, I think one of the things we're all looking for is the information to be able to make public so that the public has a right to make these decisions, what their best option is. I mean, we don't want people at the last minute to go to the wrong location thinking that shelter's going to be open. We want people to know that if they're going to get on the roads at a certain point, they can expect a 6-, 12-hour delay, so they're going to have to leave early. That's information that we need to put forward, and the public's going to have to be responsible enough to look at it and be able to make logical decisions. That's why we're looking for this information. We're never going to be able to correct the situation that we're going to provide shelter for everyone in Collier County. Never going to happen. But I think we owe it to ourselves and we owe it to the public to just get -- assimilate the information so people can make logical choices. CHAIRMAN FIALA: Remember that plan you came up with a few years ago? COMMISSIONER COLETTA: Oh, yeah, help your neighbor. CHAIRMAN FIALA: Yeah, help your neighbor. Anyway, thank you. COMMISSIONER COLETTA: It might still happen. CHAIRMAN FIALA: I have a few questions myself. The -- first of all, or the first thing I wanted to say is that I'm very happy to say that you in the Conservancy have worked out an agreement, and I would like to incorporate that into our final motion when we get there. 187 July 27, 2004 The second thing is, I really am pleased with all of the recommendations that the CCPC gave to us, and I'm glad to hear that they will all be incorporated, and that should be in our motion as well. One of the things though, on the page -- bottom of page 3 on the -- or page 6 of 63, whichever you want to refer to -- these are the CCPC things -- we're talking about hurricane shelters again, and it was saying that -- they were talking about the inventory, and they were going to reflect that existing shelters need to meet the requisite design standards, but then it said, if not, the new policy shall reflect the corrective measures that should be taken to address existing hurricane shelter deficiencies. But in there it says nothing at all about a timeline or a deadline, and I feel that that ought to be included. MR. LITSINGER: Yes, ma'am. That is the -- what your EAR is about. You are making the statement in your EAR report relative to the programs that are ongoing, some of the distance we need to cover in all areas, inventory, evacuation times and so forth, that you will address this in EAR-based amendments that we will now develop over the next 18 months upon the finalization of this report. CHAIRMAN FIALA: Good. MR. LITSINGER: You're having knowledge that you will, in fact, reflect those in the form of compo plan amendments to bring those up to standards that you want. CHAIRMAN FIALA: So time line -- MR. LITSINGER: Yes, ma'am. CHAIRMAN FIALA: -- and a deadline would be included? MR. LIT SINGER: Yes, ma'am. CHAIRMAN FIALA: Okay. On the top of page 4, just a tiny, tiny little thing. That first sentence in there, I think you probably mean needs to be revised to change the September date, but it says "chage", so I -- MR. LITSINGER: Thank you. CHAIRMAN FIALA: -- I would guess that's what you want to 188 --. July 27, 2004 do. Then as far as Mark Strain's issues in here, I can see where many of them are already being incorporated into this. One of the things that -- and I was happy to see that Commissioner Halas brought up these things as far as the schools and the miles per hour. I wanted to ask Joe Schmitt if he thinks that we're -- we're prepared for a hurricane, or what you think of our hurricane preparedness. COMMISSIONER HALAS: Toss the ball out. MR. SCHMITT: Do I have a shovel so I can dig the hole I'm going to go into. In what way, ma'am? CHAIRMAN FIALA: Well, I just want you to -- I want to be assured that you feel that where we are today and where we're heading is the right direction. Do you feel that -- or what do you think of our hurricane preparedness? MR. SCHMITT: Well, from a standpoint of the building codes, we've been enforcing those codes for at least two years. So those are -- in performing the appropriate inspections to deal with the construction to maint -- to assure standards. So in that regard I'm very comfortable. In regards to planning or other activities, I would really have to defer that to Dan Summers. As Jim and I were just talking, of course, the issues with the schools and the new schools, but even as Mr. Mudd mentioned with partnerships, probably most of the developers are going to be looking for some kind of a cost share. F or instance, if we want to go out to the eastern part of the county and look at Ave Maria, of course, when they design for a structure or a shelter and cots and all the other type of things that would have to be readily available, there's probably money being sought from the county to pay for those things. But I really have to defer that to Dan -- Dan and -- Summers and 189 July 27,2004 Jim and his -- the team down in emergency management in regards to the planning in preparedness. But as far as -- in regards to construction standards and the things that we're doing, I'm comfortable with what's being enforced today. CHAIRMAN FIALA: Okay, okay. Very good. Let's see. I had a few more things here. MR. MUDD: Ma'am, you're on the -- you asked Joe, but I know a little bit more about it than he does on this particular juncture. Codes are better, our sets kits and outfits that we need for evacuees -- you remember we told you -- we came forward last year with a quarter of a million dollars to purchase? We brought it to you in April of this year in order to start that. We had 34 kits. I think we needed some 10,000 kits, okay. We're woefully short, and we're trying to -- as we get the dollars, we put them in there to get those sets kits -- in other words, cot, some blankets, some sundry items. CHAIRMAN FIALA: Where do you store them? MR. MUDD: Ma'am, we're going to use trailers and we're going to work through that process. And we've got a plan in order to make up those shortfalls, but it's not cheap either. That $250,000 bought how many? MR. von RINTELN: Roughly 10 trailers and 3,000 cots, and then the accouterments to go along with it. MR. MUDD: So we've got some more -- we've got some more to go on that particular one. We don't have all the shelters we need. We know that. We're trying to find a way to do it in the most inexpensive way but still protect the safety of the residents of Collier County, to make sure that the shelters are correct. Are our evacuation routes good? Absolutely not, and I think everybody on this dais, all you have to do is get on 1-75 at 4 o'clock in the afternoon and go north, or get on 1-75 coming south at 7 o'clock or 7:30 in the morning, and you know that the road just doesn't make it anymore. And we're going to need some help from this community, 190 July 27, 2004 from you, and from our representatives in Tallahassee to make sure that widening of 1-75 takes a front burner issue as far as they're concerned -- CHAIRMAN FIALA: Well-- MR. MUDD: -- and so we need to get that done. But, ma'am, all that said and done, we have a good plan, we're working toward making that -- CHAIRMAN FIALA: Well, I wanted -- let me -- let me stop you there, because you were just talking about my next question. So before you tell me about the good plan, let me go back to the roads again. And one of Mark's questions was, have we established a level of service for a hurricane event for the roads, that we can safely evacuate everyone? Go ahead. Then it says, no response received. MR. LITSINGER: I can answer that, Madam Chairman. The response to Mr. Strain's question is, is that relative to a concurrency standard for hurricane evacuation related activities, there is no statutory provision for that, nor is it an optional level of service standard. We do have a requirement to maintain hurricane evacuation routes relative to their status as being either deficient or satisfactory relative to their level of service standard. But the answer to that question is that it is not a concurrency type of facility, and we do not have that option. CHAIRMAN FIALA: But we do have like a hurricane event level of service standard for our roads? I mean, not just level of service, but I'm talking about hurricane evacuation levels -- MR. LITSINGER: I'll let Don speak to that, ma'am. CHAIRMAN FIALA: Okay. MR. SCOTT: Don Scott, transportation planning. The regional planning council does analyses on how many hours it takes to evacuate an area. I mean, that's been raised previously. And I think that's one of the areas that needs to be updated because it's getting 191 ---- July 27, 2004 some age on it. Jim Mudd's correct in that -- I mean, we're talking about improvements. Today we were talking about Golden Gate Parkway and then some improvements for evacuation routes. But if we don't improve 1-75, it doesn't matter how good our cross streets are, and that's our big problem right now. CHAIRMAN FIALA: Yeah, you'd get them all out to 1-75, and they'd sit there in a parking lot. MR. SCOTT: Yeah. CHAIRMAN FIALA: Yeah, I see what you're saying. Okay. Thank you very much. I don't know if I actually have my complete answer, but at least we're going in that direction. Okay. MR. MUDD: Right direction, yes, ma'am. CHAIRMAN FIALA: I think that's -- those are all the questions I had. Oh, Commissioner Halas. COMMISSIONER HALAS: County Manager Jim Mudd, could you keep us abreast of where we are? Before we continue on in the passage of the EAR report here, I need to have some assurance, I guess, so I have a warm, fuzzy feeling that we're in the right direction, and maybe you could periodically give us an update of where we are as far as shelters and where we are as far as increasing the capacity of the roads so that we can get people out of here. I would say maybe every six months or so, unless there's no change. But I think we need to -- I think I would feel more comfortable if I knew that -- what direction we were going in and what we are doing. MR. MUDD: Yes, sir. We can give you a quarterly report. COMMISSIONER HALAS: It could be a semi-yearly. MR. MUDD: No. We can give you quarterly, and let you know and -- those things that change. And if there's no change based on the last one, we can basically state that. Yeah, quarterly report's fine. 192 July 27,2004 CHAIRMAN FIALA: Okay. Then I would like to make a motion that we -- COMMISSIONER HENNING: Approve the resolution adopting the seven-year EAR report for the -- of the Golden Gate -- or the Collier County Growth Management Plan transmittal to the DCA with the -- including of the Conservancy's recommendations worked out by staff. CHAIRMAN FIALA: And the CCPC recommendations and the ones that have been worked through with Mark Strain. MR. LIT SINGER: And that we will also make corrections needed to the extensive document relative to clarification and error reVIew. CHAIRMAN FIALA: Very good. COMMISSIONER HENNING: And I'll second that motion. CHAIRMAN FIALA: Okay. I was going to say there's a motion on the floor by Commissioner Henning and Fiala and a second, but we'll say it's from me, and a second by Commissioner Henning. Discussion, Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. Of course, you realize I have a serious problem with the high hazard area and what the -- as far as affordable housing goes, and that's the only hang-up I have on this whole report. I mean, I think the thing is a marvelous document. I think a lot of study's been put into it. Perfect? No, it's not. But I mean, as far as what we can do as human beings in a limited amount of time, it's a wonderful report. I hate to vote against the thing in its entirety. I was wondering if there might be a possibility we could separate that, and one element from there, vote on the report, and then come back with the high hazard area as far as affordable housing density and have that as the last item so that I could be in the affirmative to be able to support the report in general except for that one element. CHAIRMAN FIALA: I'm just happy to vote on it the way it is, 193 July 27, 2004 quite frankly. COMMISSIONER HALAS: I'm satisfied because I -- COMMISSIONER COLETTA: That's fine. Go ahead. COMMISSIONER HALAS: -- think we -- we've increased the density for affordable housing in that area to six units, and we're looking at other -- four units? Okay. And then we're looking-- CHAIRMAN FIALA: Plus one. COMMISSIONER HALAS: Plus one. MR. SCHMITT: Three plus one. CHAIRMAN FIALA: Oh, three plus one. Sorry about that. COMMISSIONER HALAS: Okay. COMMISSIONER COLETTA: So we really haven't increased it. We've decreased it. I just can't live with that particular part of it. But I want you to know that I do think this is a marvelous report, and I commend staff for doing such a wonderful job. CHAIRMAN FIALA: Well, let me ask David, how many -- how many votes do we need on this? MR. WEIGEL: Three. MR. MUDD: Three. CHAIRMAN FIALA: Okay, okay. So -- and I appreciate that. And I -- and, Commissioner, I can see with all your heart you mean -- you mean well. So anyway, I have a motion on the floor by Commissioner Fiala, a second by Commissioner Henning. Any further discussion? (No response.) CHAIRMAN FIALA: All those in favor, say aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed? COMMISSIONER COLETTA: Aye. 194 July 27, 2004 CHAIRMAN FIALA: Very well. MR. LIT SINGER: Thank you. CHAIRMAN FIALA: Thank you. And thank you for all of your hard work, everyone, and the CCPC. My goodness, Bob Murray, they worked so hard and we relied so heavily on everything that they gave us, so I really appreciate that. Thank you. And now, folks, I think we've moved to the end of the meeting. Item #15 MR. MUDD: Yes, ma'am. We're on communications, number 15. CHAIRMAN FIALA: Communications, number 15. Yes. Okay. And before we take our summer break, David, do you have anything you'd like to say on the record here? MR. WEIGEL: Nothing official pertaining to agenda work, but it's nice to see you back on the dais again, brief as it may be, but look forward to work for you during the next week so that we can get together like this in September. CHAIRMAN FIALA: Thank you very much. Mr. Mudd? MR. MUDD: Ma'am, the -- I don't know if you saw the good news article, but we had an employee that basically -- a Collier County employee that donated blood marrow to save a 70-year-old man's life, and that was Tim Rudzitis, okay? He's a warehouse specialist in the emergency medical services department. I just want to make sure I bring it to your attention and bring it to the public's attention. CHAIRMAN FIALA: We wrote him a thank-you note. 195 <----- July 27, 2004 MR. MUDD: It's a very -- it's a very nice gesture on that man's part, and it's pretty much -- he's not looking for thanks. He just wanted to do something, help somebody. I mentioned last time that we met that I was going to realign emergency management, okay, and put it under Dan Summers and bring it out of public services. I plan to have that done by 1 August so that you know about it. I've sent you each a memo to that particular idea, and I'm just letting you know that we're going to do that, and I need to do that based on the county manager's ordinance to make sure that you're aware. The next time we will meet is September 9th, and that's a public hearing at 5:05, and that's the first hearing for the budget. So that's when we'll see you next time, and then we'll get back into the regular board -- board meeting minutes and whatever, and then we'll talk about what we're going to do in November and October, if we want to move it around a little bit because of Thanksgiving or how things turn out. But we'll get to those particular issues. Commissioners, I will tell you it's nice to see you back on the dais, but I got to tell you, this was one heck of an agenda, and my hat's off to you. I know you've all spent a lot of time going through that. We had 1 70 some odd agenda items. And I will say that I believe the staff did a pretty good job, and just have to figure out what that glitch is between the time that I say it's good to go and I've read all the items on that Wednesday afternoon, and then when you get the printed product and why the things get a little bit messed up in the printed version, and we'll get that worked out. That's all I have, ma'am. CHAIRMAN FIALA: Thank you. You know, you can tell how hard staff worked on this. It made it very clear for us. Yes, it was a lot of reading for all of us, and for you guys too, but it made it easy for 196 -------..--- July 27, 2004 us to move through this meeting because everything was very clearly stated. We didn't have a lot of questions to ask because it was already explained to us. COMMISSIONER HALAS: Commissioner Coyle wasn't here to take up all the time. COMMISSIONER COLETTA: Amen. CHAIRMAN FIALA: And that is on the record, right? Okay. Thank you, Mr. Mudd. Commissioner Henning, do you have any comments? COMMISSIONER HENNING: Yeah, two things. The county manager is talking about a -- one of the things that is on the UFR list, and I've been kind of digging into that and kind of fleshing out to see if there's any validity to it, and I haven't got all my answers to questions by an outside agency, but there's some real potential of saving the county some good moneys on mitigation, and hopefully we can flesh that out before our September 8th budget. But one of the things that the soil water conservation is doing, and that's who we're talking about partnershipping with, is a mitigation bank, but the offer of it was to include the private sector, and I had a problem with that, and I said, hey, how about if we include affordable housing in Collier County to try to curb some of the costs that Habitat has to do or anybody else instead of paying, you know, like $32,000 for a mitigation credit, is -- maybe we can cut that down in half. CHAIRMAN FIALA: Right. COMMISSIONER HENNING: We also have some -- in the fringe, some amendments, proposed amendments, coming to us. One of the things in our fringe document, it states that we encourage conservation mitigation in the sending areas, and I think that we have opportunities to create another mitigation bank. And I believe the proper people to manage that is the soil and water conservation district. I talked to Bill Lorenz and, of course, the county manager, and 197 '"--.. ----->~ July 27,2004 the soil-- one of the members of the soil and water. So I -- you know, it's always tough decisions as we raise impact fees and limit building in the high hazard -- coastal high hazard areas. When we do things like that, it is a burden on affordable housing, but it's the right thing to do, so why not try to find other areas to assist affordable housing. CHAIRMAN FIALA: Boy, I'm so glad you're saying that. I hope -- I hope you can move that forward and come back to us with some recommendations as we move into our new year. That's great. That's really thinking. MR. MUDD: Just remember, there needs (sic) 150,000 on the UFR list. When we talk about it during budget workshop, there's a little number down there that I've got in there that they've asked us for as far as seed money to get their plans done, and we will be totally reimbursed for that $150,000. They're just basically saying, give it to me up front, we'll be partners in this, and then we'll get you your money back as soon as the bank opens. COMMISSIONER HENNING: The other thing is the discussion on the English-only policy. Reviewing the minutes and reading the report, I think there was, you know, two things as far as direction is, I think the harshness of requiring them to speak English, that -- to have English, but also I think what I heard is a suggestion, hey, have enough knowledge about the English language to do your job, and that's what I got out of it, and I just want to know, is that what you got out of it, too? CHAIRMAN FIALA: Just to keep them safe on the job __ COMMISSIONER HENNING: Sure. CHAIRMAN FIALA: -- is what I heard. COMMISSIONER HALAS: Exactly, that the amount of English language is enough to make sure that whatever job they're in, that we as the county are secure that the people that we hire understand exactly the directions that's given by other people, their peers, or their supervIsors. 198 July 27, 2004 COMMISSIONER HENNING: Yeah, that's what I thought, too. The -- so maybe we can look into that. The other thing, two years ago, that we funded a position through the library for -- it's a literacy position, so the county is doing things to assist people into understanding the English language. CHAIRMAN FIALA: Uh-huh. And, you know, expanding on that just a little bit. Maybe there are certain pockets of employees that are just trying to learn the English language within our county employee system, and maybe if they work in certain particular areas, like, for instance, a lot of them with the lawn maintenance. Maybe we could take that person -- that person who's teaching English to their place of employment so that at the end of the day, maybe they can stay an hour one day a week or something and we can help them to learn the English language by bringing the education to them. COMMISSIONER COLETTA: If I may? That's the most proactive statement I've heard so far. I like that, to guide people to a system, rather than to say, if you can't, then we're not going to work with you. The report, from what I got from it, it said there was a limited, or no problem, between employees we presently have in government, and some of them have mentioned the fact that there was very limited English, but they seem to function quite well. I imagine over a period of time that they learn just enough to be able to respond. But I think there always should be an effort put forward on everyone's part to try to better themselves, no matter what the case is. We should look at ourselves more in a role as guidance rather than this is the final straw, this is it, you know, you have to do this, then we have jobs that are unfulfilled. And too, we have a large number of people out there working for the county through subcontractors, and the majority of them can't speak a word of English. CHAIRMAN FIALA: You know, one of the things that -- as 199 ----- ..,,~,~-~_..,- July 27, 2004 you're talking it comes to mind, and I thought, you know, if we did have an English class once a week at, say, the road and maintenance building or something like that, and people began to be a little more familiar with the English language, enough to speak with other people, it might -- and all of these people, even if they're not citizens of the U.S., they at least have a green card, maybe it would then encourage them, because they're feeling better about their communication skills, to take that next step and apply for citizenship. It just might be a way to go. Okay. I'm sorry. COMMISSIONER HENNING: I'm done. CHAIRMAN FIALA: Okay. And Commissioner Halas? COMMISSIONER HALAS: I just want to say I want to thank everybody and staff, and especially the transportation department, for their perseverance, and I think it's going to be great when we go forward with this overpass. Looking forward to the completion of it. And I just want to wish all my fellow commissioner a happy vacation time. COMMISSIONER COLETTA: Thank you. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. I just want to express my thanks to every one of the commissioners for assisting me during that time of trouble in my family when my father-in-law was stricken down by a stroke and we had to depart immediately to get up to Painted Post, New York, and to allow me to attend the meeting for that -- for that reason over the phone. I do appreciate that. I would have regretted seriously having to miss that meeting. CHAIRMAN FIALA: Well, it was great that you were there. COMMISSIONER COLETTA: Thank you. CHAIRMAN FIALA: Okay. And I'm the last one. We spoke a while back -- rather Shelter for Abused Women came into the meeting 200 -,. ~'"'-,_.-< July 27, 2004 and were asking for dollars, and we realized we just couldn't go that route because we would open the floodgates, but since then a person name Dawn Litchfield gave me a call -- she's a good friend of mine __ and she said she thought of another way we might attempt to do something like this, and I thought this was the coolest idea, so I'm going to bring it to your attention and maybe ask the county manager to, you know, talk with some of the people in the social service area and see if it would work. She was mentioning that on our income tax returns that we return to the federal government every year, we can check if we want to donate to the Republican party. If I -- you know, I check here I donate a buck. She said, maybe there's a way for us on our tax bills here in Collier County to check either, you know, I want $5 to go to social service or I don't want 5 -- you know, some method. And I don't have that. I'm just throwing this out onto the table. Yes, I want to participate in a social service donation. That way then, nobody has to if they don't want to. It's not a tax. They don't have to pay it, but this would be a way for us to take some funds and strictly limit them to that particular aspect, if we're interest in doing that. COMMISSIONER HALAS: Commissioner, would this be on refunds? If there's any refunds coming to somebody, that they take the refunds and -- some of the refunds and __ CHAIRMAN FIALA: No, this is -- this is our own property tax. MR. MUDD: You're talking about a property tax. CHAIRMAN FIALA: On our own property tax, if you want to-- MR. MUDD: Okay. You're talking about a voluntary assess -- a voluntary assessment above and beyond what's mandated. CHAIRMAN FIALA: Yeah. If you want to do it, you can, and if you don't, you don't have to. Nobody knows if you're checking it or not. Nobody sees it. It's just your own personal business if you feel 201 July 27, 2004 like doing that or not. I don't even know if it's a legal thing that we can do. You know, I have no idea. MR. MUDD: Now I'm -- ma'am, now I'm going to ask a question. Are you telling me you're checking a box and you're taking money out of the ad valorem tax base -- CHAIRMAN FIALA: No, no, you pay extra five bucks. Oh, no, you don't take anything out. No, no, no, I would not do that. You can add 5 bucks in if you want to and -- or you can even leave a space that says, or however much you want, you know, but -- and then you'd have to add that to your check. No, we can't afford to take five bucks out. MR. MUDD: Ma'am, I will talk to the tax collector and see what I can come up with. CHAIRMAN FIALA: Okay, fine. She mentioned -- she said, this keeps the hands -- it keeps -- keeps this position in the hands of the taxpayers rather than have us do anything at all. Taxpayers can decide if they want to give it or not, and she said, this is a form of good government, and so I thought I would just present it to you, if anybody likes the idea, if it works, if we can even legally do it. Something to pursue. And with that, I wish everybody a wonderful August. We'll see you September 9th. Thank you. Meeting adjourned. *****Commissioner Henning 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 AN AGREEMENT FOR SALE AND PURCHASE OF 1.14 ACRES 202 July 27, 2004 UNDER THE CONSERVATION COLLIER LAND ACQUISITION Item #16A2 AN AGREEMENT FOR SALE AND PURCHASE OF 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION Item #16A3 AN AGREEMENT FOR SALE AND PURCHASE OF 2.73 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION Item #16A4 AN AGREEMENT FOR SALE AND PURCHASE OF 3.79 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $39,200 (BEARDSLRV) Item #16A5 AN AGREEMENT FOR SALE AND PURCHASE OF 1.14 ACRES UNDER THE CONSERV A TION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $11,600 (BEARDSLRv, TRllSIER) Item #16A6 AN AGREEMENT FOR SALE AND PURCHASE OF 1.14 ACRES 203 July 27, 2004 UNDER THE CONSERV A TION COLLIER LAND ACQUISITION . Item #16A7 AN AGREEMENT FOR SALE AND PURCHASE OF 1.59 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $16,000 (HAMILION) Item #16A8 AN AGREEMENT FOR SALE AND PURCHASE OF 2.27 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION Item #16A9 AN AGREEMENT FOR SALE AND PURCHASE OF 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION Item #16AI0 RECORDING OF THE FINAL PLAT OF "MILANO", APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT, AND APPROVAL OF THE Item #16All FINANCIAL ADMINISTRATION AND HOUSING 204 July 27,2004 DEPARTMENT'S REQUEST FOR APPROVING PAYMENT TO ATTEND THE COPELAND CIVIC ASSOCIATIONS "ONE-YEAR OF SUCCESS" ANNIVERSARY DINNER WHICH WAS HELD ON JUNE 28, 2004 AT THE EVERGLADES SEAFOOD DEPOT RESTAURANT IN EVERGLADES CITY, FLORIDA AT A COST OF $112.00 FOR THE SEVEN EMPLOYEES WHO ATTENDED TO BE PAID FROM THE GRANTS TRUST FUND TRAVEL BlIDGET Item #16A12 RESOLUTION 2004-224: FINAL APPROVAL OF THE ROADW A Y (PRIVATE), DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "CAMELOT PARK", THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED, THE WATER AND SEWER IMPROVEMENTS WILL BE MAINTAINED BY COLLIER COUNTY- WITH RELEASE OF THE MAINTENANCE SECIlRITY Item #16A13 RESOLUTION 2004-225: FINAL APPROVAL OF THE ROADWAY (PRIVATE), DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "LALIQUE" THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIVATELY MAINTAINED, THE WATER AND SEWER IMPROVEMENTS WILL BE MAINTAINED BY COLLIER COUNTY- WITH RELEASE OF THE MAINTENANCE SECIlRITY Item #16A14 205 ,--- July 27,2004 RESOLUTION 2004-226: FINAL APPROVAL OF THE ROADWAY (PRIVATE), DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "VILLA FLORENZA" THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED, THE WATER AND SEWER IMPROVEMENTS WILL BE MAINTAINED BY COLLIER COUNTY- WITH RELEASE OF Item #16A15 RECORDING OF THE FINAL PLAT OF "CA YO COSTA, UNIT TWO", APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE Item #16A16 A MORTGAGE AND PROMISSORY NOTE FOR A TWO HUNDRED TWENTY-EIGHT THOUSAND ($228,000) DOLLAR LOAN TO THE COLLIER COUNTY HOUSING AUTHORITY TO BE USED TO ASSIST IN THE CONSTRUCTION OF A 192 BED FARM WORKER HOUSING FACILITY TO BE NAMED Item #16A17 A PROPOSED AMENDMENT TO THE CURRENT INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY AND THE RELATED BUDGET AMENDMENTS THAT 206 July 27, 2004 TRANSFERS THE PREVIOUSLY APPROVED FUNDS - AS Item #16A18 " Item #16A19 RESOLUTION 2004-227: A REVISED FEE RESOLUTION SUPERCEDING RESOLUTION NO. 2004-97 WHICH ESTABLISHED A FEE SCHEDULE OF DEVELOPMENT RELATED REVIEW AND PROCESSING FEES - AS DETAILED Item #16A20 RESOLUTION 2004-228: FINAL APPROVAL OF THE ROADWAY (PRIVATE), DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "GLEN LAKE ESTATES", THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED, THE WATER AND SEWER IMPROVEMENTS WILL BE MAINTAINED BY COLLIER COUNTY - WITH RELEASE OF Item #16A21 THE SATISFACTION OF LIENS FOR CODE ENFORCEMENT BOARD CASE NOS. 2000-031, 2001-005, 2000-049, 2003-028, 2000-02LlAND 20QJ -OR~ 207 -~<~~-----_. July 27, 2004 Item #16A22 ONE IMPACT FEE REIMBURSEMENT REQUESTED BY GOODLETTE ROAD LIMITED PARTNERSHIP FOR AN AMOUNT OF $415,326.10 DUE TO BUILDING PERMIT CANCELLATION - AS DETAILED IN THE EXECUTIVE SliMMARY Item #16A23 ONE IMP ACT FEE REIMBURSEMENT REQUESTED BY VINEYARDS DEVELOPMENT CORPORATION FOR AN AMOUNT OF $1,264,080 DUE TO AN OVERPAYMENT OF WATER AND SEWER IMP ACT FEES ON BUILDING PERMIT NO. 2004-050308 -AS DETAILED IN THE EXECUTIVE SliMMARY Item #16A24 SATISFACTION OF LIEN FOR CODE ENFORCEMENT BOARD CASRNO 2001-04J Item #16A25 RECORDING OF THE FINAL PLAT OF "PINE AIR LAKES UNIT FIVE", APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE PERFORMANCE SECURITY - WITH SIœI.lL.AIKThJS Item #16A26 208 July 27, 2004 CONTRACT #04-3682 IN THE AMOUNT OF $69,330 WITH TINDALE-OLIVER AND ASSOCIATES, INC. FOR CONSUL T ANT SERVICES FOR A LAW ENFORCEMENT IMP A CT..EE.E..STIlD Y Item #16Bl BID NO. 04-3603R-"PURCHASE OF LIME-ROCK AND FILL MATERIAL" TO AGGRISOURCE, YOUNGQUIST, FLORIDA ROCK, SOUTHERN SAND AND STONE, INC., FOR THE Item #16B2 A NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM (NTMP) TRAFFIC CALMING PROJECT, REQUESTED BY THE LEL Y CIVIC ASSOCIATION, INC. FOR INSTALLATION OF TRAFFIC CALMING DEVICES ON FOREST HILLS Item #16B3 A BUDGET AMENDMENT FOR ADVANCING (RESERVE) FISCAL YEAR 2005 LANDSCAPING FUNDS INTO FISCAL YEAR 2004 WITH REINSTATEMENT OF THE RESERVE FUNDS IN FISCAL YEAR 2005 FROM THE LANDSCAPING BUDGET IN THE AMOUNT OF $274,059- AS DETAILED IN THE Item #16B4 A DEVELOPER CONTRIBUTION AGREEMENT BETWEEN FFT 209 July 27, 2004 SANTA BARBARA I, LLC AND GERTRUDE ABELE, TRUSTEE FOR THE SANTA BARBARA EXTENSION PROJECT FROM DAVIS TO RATTLESNAKE HAMMOCK ROAD - AS DETAILED Item #16B5 ROADWAY FUNCTIONAL CLASSIFICATION DESIGNATIONS FOR IMMOKALEE AND MARCO ISLAND "URBAN CLUSTER" AREAS OF COLLIER COUNTY - AS DETAILED IN THE Item #16B6 BID #04-3674 AWARDED TO COMMERCIAL LAND MAINTENANCE, INC. FOR THE "AIRPORT-PULLING ROAD MSTD ROADWAY GROUNDS MAINTENANCE" FOR A YEARJ.Y COSLOE$J 21,R75 Item #16B7 A LANDSCAPE INSTALLATION AND MAINTENANCE AGREEMENT BETWEEN LONGSHORE LAKE FOUNDATION, INC. AND COLLIER COUNTY FOR LANDSCAPING AND WALL INSTALLATION WITHIN THE RIGHT-OF-WAY ON LOGAN BOULEVARD AT NO COST TO THE COUNTY - WITH SIœllLAIIONS Item #16B8 - Withdrawn EXEMPTIONS AND VARIANCES TO THE LAND DEVELOPMENT CODE FOR CENTER POINT COMMUNITY 210 July 27, 2004 CHURCH, CARSON LAKES PHASE II, AND NASER MEDICAL Item #16B9 AGREEMENT BETWEEN COLLIER COUNTY AND THE COMMISSION FOR THE TRANSPORTATION DISADVANTAGED FOR FUNDS IN THE AMOUNT OF $428,549.20, PAYABLE OVER 10 MONTHS, FOR THE PROVISION OF NON-EMERGENCY TRANSPORTATION FOR QUALIFIED MEDICAID RECIPIENTS-THIS AGREEMENT IS SUBJECT TO THE TRANSPORTATION DISADVANTAGED COMMlS..SION.AEOV AT, Item #16B10 A DONATION FROM THE LEL Y GOLF ESTATES CIVIC ASSOCIATION TO THE LEL Y GOLF ESTATES BEAUTIFICATION MSTU IN THE AMOUNT OF $7395.12 FOR 50% OF THE REFURBISHMENT COST OF THE MSTU'S ENTRANCE MONUMENTS LOCATED AT THE INTERSECTION Item #16B11 THE TRANSPORTATION DIVISION TO PROVIDE A ONE-TIME GRADING AND LIME ROCK FOR SOUTH 8TH STREET AND DOAK A VENUE IN IMMOKALEE THEREBY MAKING THE ROADS PASSABLE FOR EMERGENCY VEHICLES SUCH AS Item #16B12 211 July 27, 2004 SIX ADOPT -A-ROAD AGREEMENTS WITH: BUZZ HILL STATE FARM, DANCE UNIVERSE-MISS S.W. FLORIDA USA (3), LORI YOUNG-SOUTH BAY REALTY AND SWISS TEAM ENTERPRISES, INC. FISCAL IMPACT OF $75.00 FOR TEN (10) SIGNS Item #16B13 CHANGE ORDER NO. 1 TO DOUGLAS N. HIGGINS, INC. FOR THE PALM STREET OUTFALL PROJECT IN THE AMOUNT OF $71,402.50- AS DETAILED IN THE EXECUTIVE SUMMARY (ERO.IECI.NO 51.8.04) Item #16B14 GRANT FUNDS IN THE AMOUNT OF $500,000 FROM THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR THE HALDEMAN CREEK DREDGING PROJECT (PROJECT Item #16B15 A BUDGET AMENDMENT RECOGNIZING REVENUE RECEIVED FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION UNDER AN ANNUAL MAINTENANCE AGREEMENT FOR TRAFFIC SIGNALS AND STREETLIGHTS ~OAT)S Item #16B16 CONTRACT #03-3568 FOR THE AMOUNT OF $297,250 212 '---'-~"""--"'-"'-""^'--"-""-"-'- --,.--.. July 27, 2004 AWARDED TO AQUAGENIX FOR THE 2004 AUSTRALIAN PINE REMOVAL PROJECT, AND APPROVE A BUDGET AMENDMENT TO TRANSFER FUNDS IN THE AMOUNT OF $JAR, 2~O(ERO.IEC.I..N 0 ~ l5ill ) Item #16B17 RESOLUTION 2004-229: A SPEED LIMIT CHANGE FROM FIFTY-FIVE MILES PER HOUR (55 MPH) TO FORTY-FIVE MILES PER HOUR (45 MPH) ON OIL WELL ROAD FROM CORKSCREW MIDDLE SCHOOL TO 2600 FEET EAST OF EVERGLADES BOULEVARD, FOR A DISTANCE OF APPROXIMATEL Y THREE (3) MILES, AT AN APPROXIMATE COS T...OE.$.6.QO Item #16B18 A LANDSCAPE INSTALLATION AND MAINTENANCE AGREEMENT BETWEEN NAPLES BOTANICAL GARDEN, INC. AND COLLIER COUNTY FOR LANDSCAPING AND IRRIGATION INSTALLATION WITHIN THE RIGHT-OF-WAY Item #16B19 CONTRACT FOR RFP #04-3571 AWARDED TO PBS & J FOR THE "GREEN BOULEVARD EXTENSION CORRIDOR STUDY", A LONG RANGE FUTURE PLANNED EXTENSION BETWEEN SANTA BARBARA BOULEVARD AND LIVINGSTON ROAD, IN THE TOTAL AMOUNT OF $277,058 (PROJECT NO. 62024)- AS 213 ~._-"-'~'_.~~' Item #16B20 July 27, 2004 A CONTRACT BETWEEN CONSUL TECH, INC. AND COLLIER COUNTY FOR SYSTEM MANAGER ENGINEERING SERVICES RELATED TO CONSTRUCTION INSPECTION AND IMPLEMENTATION OVERSIGHT FOR THE CONSTRUCTION AND IMPLEMENTATION OF THE ADVANCED TRAFFIC MANAGEMENT SYSTEM (ATMS) PHASE II PROJECT, WITH A MAXIMUM LIMITING AMOUNT OF $653,176.54 BEING REIMBURSED TO COLLIER COUNTY BY THE FLORIDA Item #16B21 A (PER TRIP) RATE INCREASE FOR THE TRANSPORTATION DISADVANTAGED PROGRAM - AS DETAILED IN THE Item #16B22 A CONTRACT FOR BID #04-3644 AWARDED TO YOUNG'S COMMUNICATIONS CO., INC., AND KENT TECHNOLOGIES, INC. FOR "CONDUIT AND COMMUNICATIONS PULL BOX INSTALLATION" RELATING TO COMMUNICATION REQUIREMENTS OF PHASE II, OF THE ADVANCED TRAFFIC MANAGEMENT SYSTEM PROJECT, WITH A TOTAL COST OF APPROXIMATELY $1,118,000 TO BE REIMBURSED TO COLLIER COUNTY BY THE FLORIDA DEPARTMENT OF IRANSEORIATIoN Item # 16B23 214 -- July 27, 2004 ANNUAL CONTRACTS FOR RFP #04-3645 "REAL ESTATE APPRAISAL SERVICES", THE SELECTION COMMITTEE'S CHOICE OF FOURTEEN (14) FIRMS TO PROVIDE REAL ESTATE APPRAISAL SERVICES FOR COLLIER COUNTY - AS Item #16B24 REPAIRS TO A SURFACE WATER PUMPING STATION IN THE EAST NAPLES AREA NOT TO EXCEED $20,000 AND TO ACCEPT AN AGREEMENT BETWEEN COLLIER COUNTY AND LELY CIVIC ASSOCIATION, INC. & LELY COUNTRY CLUB P.O.A. FOR PERPETUAL OPERATION AND MAINTENANCE RESPONSIBILITIES OF SAID PUMP TO LEL Y CIVIC Item #16C 1 BID NUMBER #04-3624 AWARDED TO AAA GENERATOR & PUMP INC. FOR THE PURCHASE OF GENERATORS BY THE WATER DEPARTMENT IN THE ESTIMATED AMOUNT OF $.U O,6R2 Item #16C2 BID NUMBER #04-3626 AWARDED TO E.A. W AETJEN, INC. FOR THE PURCHASE OF A LOCK AND ACCESS SYSTEM FOR USE BY THE WATER DEPARTMENT IN THE ESTIMATED AMOUNT OF $125,000 (PROJECT NO. 71009 SECURITY lÆGRADRS) Item # 16C3 215 July 27, 2004 A BUDGET AMENDMENT IN THE AMOUNT OF $720,000 TO FUND OPERATING EXPENSES FOR ELECTRICITY AND CHEMICALS AT THE NORTH COUNTY REGIONAL WATER IREAIMENIELANT Item #16C4 TWO (2) UTILITY EASEMENTS AND VARIOUS OTHER TRANSACTION DOCUMENTS RELATIVE TO THE GOLDEN GATE WELLFIELD RELIABILITY IMPROVEMENTS PROJECT Item #16C5 SURPLUS BID #S04-3594 AWARDED TO E.B. SIMMONDS ELECTRICAL, INC. FOR ONE 250 KW GENERATOR IN THE .AMill.INI...OE,2 SO Item #16C6 A WELL RELOCATION AGREEMENT, TO RELOCATE IMMOKALEE ROAD WELLFIELD WELL NO.1, BETWEEN CENTEX HOMES AND THE COLLIER COUNTY W A TER- SEWER DISTRICT, TO ACCOMMODATE THE PLANNED LOCATION OF A NEW ENTRANCE ROAD AT HERITAGE BAY AND APPROVE THE NECESSARY BUDGET AMENDMENT IN ~50,OOO Item #16C7 WORK ORDER #MP-FT-04-04 UNDER CONTRACT #00-3119 216 July 27, 2004 WITH MALCOLM PIRNIE, INC. IN AN AMOUNT NOT TO EXCEED $350,000 TO PROVIDE PROJECT MANAGEMENT SUPPORT SERVICE FOR THE NORTHEAST REGIONAL WATER TREATMENT PLANT AND WATER RECLAMATION FACILITY (PROJECT NO. 70902 AND NO. 73156) - AS Item #16C8 AWARD CONTRACT #04-3672 TO ENCORE CONSTRUCTION COMPANY TO CONSTRUCT THE GOODLAND WATER BOOSTER PUMPING STATION UPGRADES, IN THE AMOUNT OF $690,000, RECOGNIZING THE ADDITIONAL CARRY FORWARD, AND APPROVE THE NECESSARY BUDGET AMENDMENT Item #16C9 EXECUTION OF A LETTER OF AGREEMENT TO PROVIDE CONSULTING SERVICES, NOT TO EXCEED $18,067.50, FOR THE EV ALUA TION OF A UTILITY AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF MARCO ISLAND - AS Item #16C10 RESOLUTION 2004-230: AUTHORIZING THE ACQUISITION OF TEMPORARY BEACH RESTORATION EASEMENTS REQUIRED FOR THE COLLIER COUNTY BEACH RESTORATION PROJECT AND MANAGEMENT PLAN, AT A 217 July 27, 2004 Item #16C11 CHANGE TO A WORK ORDER, UNDER CONTRACT #01-3271, FIXED TERM PROFESSIONAL ENGINEERING SERVICES FOR COASTAL ZONE MANAGEMENT PROJECTS, WITH COASTAL PLANNING AND ENGINEERING INC., FOR WORK ORDER CPE-FT-03-08, PERMIT COMMENT AND RESPONSE, FORAN Item #16C12 AMENDMENT NO.2 TO WORK ORDER CDM-FT-03-02 UNDER CONTRACT #00-3119 FOR ENGINEERING SERVICES RELATED TO ADDING ONE NEW PUBLIC WATER SUPPLY WELL (WELL 33) TO THE TAMIAMI WELLFIELD AT A COST Item #16C13 BID #04-3592-"COLLECTION AGENCY SERVICES FOR COLLIER COUNTY UTILITY BILLING & CUSTOMER SERVICE" AWARDED TO CONSERVE ACCOUNTS RECEIVABLE MANAGEMENT, M.J. ALTMAN, AND PENN CREDIT CORPORATION, FOR A CONTRACT PERIOD OF TWO YEARS, AT AN ESTIMATED ANNUAL COST OF AEEROXIMAIELY.$50,OOO Item #16C14 WORK ORDER ICTSCADA-REV-04-001 UNDER CONTRACT 04-3536 TO REVERE CONTROL SYSTEMS FOR INSTRUMENTATION, CONTROLS AND ELECTRICAL 218 ,--~" - ..>.---- July 27, 2004 INSTALLATION SERVICES RELATED TO MANATEE ROAD SCADA UPGRADE IN THE AMOUNT OF $105,330 (PROJECT Item #16C15 AMEND WORK ORDER MAC-FT-04-01 UNDER CONTRACT #03-3484 TO MCKIM & CREED ENGINEERS FOR IMPLEMENTATION AND INTEGRATION ENGINEERING SERVICES RELATED TO CONTROL AND TELEMETRY UPGRADES FOR CARICA, V ANDERBIL T AND BAREFOOT WATER DISTRIBUTION PUMP STATIONS AND FOR WATER SCADA SYSTEM BROADBAND WIDE AREA NETWORK IN THE AMOUNT OF $188,650 (PROJECT 70124) - AS DETAILED Item #16C16 A SETTLEMENT AGREEMENT WITH RICKY AND CHRISTINA MCALEER FOR THE NORTH HAWTHORN WELLFIELD WATER SUPPLY TRANSMISSION MAINS FOR PAYMENT FOR THE LOSS OF AN EARTHEN BERM AND ACQUISITION OF A UTILITY AND ACCESS EASEMENT FOR A COST OF $38, 360 (ER.OlEC.LNO. 7007~1) Item #16C17 BID #04-3683 AWARDED TO GOLDEN GATE WELL DRILLING, INC., GOLDEN GATE WELLFIELD RELIABILITY IMPROVEMENTS -TAMIAMI WELLFIELD DRILLING SERVICES FOR THE ADDITION OF (1) ONE NEW WELL UP TO AN AMOUNT NOT TO EXCEED $90,950 PER WELL (PROJECT 219 July 27, 2004 NO 701 ~R) Item #16C18 A WORK ORDER UNDER CONTRACT #01-3271, FIXED TERM PROFESSIONAL ENGINEERING SERVICES FOR COASTAL ZONE MANAGEMENT PROJECTS, AWARDED TO TAYLOR ENGINEERING FOR THE 2004 MONITORING OF MARCO ISLAND, IN AN AMOUNT NOT TO EXCEED $78,916 (PROJECT Item #16C19 CONVEYANCE OF AN EASEMENT TO FLORIDA POWER & LIGHT COMPANY REQUIRED IN CONJUNCTION WITH THE CONSTRUCTION OF A NEW SOLID WASTE OPERATIONS CENTER AT A COST NOT TO EXCEED $18.50 (PROJECT NO. ~900~) Item #16C20 A BUDGET AMENDMENT FOR $250,000, AND AUTHORIZING THE PUBLIC UTILITIES ADMINISTRATOR TO EXECUTE WORK ORDER #PSI-FT-04-02, TO PSI, INC. UNDER CONTRACT #03-3427 "ENVIRONMENTAL ENGINEERING, REMEDIATION AND RESTORATION SERVICES FOR COLLIER COUNTY" TO COMPLETE PHASE 1 OF THE CELLS 1 AND 2 RESTORATION PROJECT AT THE NAPLES LANDFILL IN AN AMOUNT NOT TO EXCEED $250,000 - AS DETAILED IN THE Item #16D1 220 July 27, 2004 BID #04-3668, AWARDED TO NAPLES BOAT MART FOR THE "REFURBISHMENT OF A YEAR 2000,25 FT. PARKER MODEL 2510 DVCCC OPEN BOW RESCUE BOAT" AT A COST OF $67,441-2J Item #16D2 RESOLUTION 2004-231: AMENDING RESOLUTION NO. 03-244 FOR COLLIER COUNTY EMS AMBULANCE SERVICE USER Item #16D3 AN AGREEMENT WITH THE COLLIER COUNTY CHILD ADVOCACY COUNCIL, INC. (CCCAC) TO PROVIDE FOR MANDATED SERVICES IDENTIFIED UNDER FLORIDA STATUTE 39.304(5) - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D4 RFP #04-3618 "TIGERTAIL BEACH WATER AND BEACH CONCESSION" AWARDED TO RECREATIONAL FACILITIES OF AMERICA, INC. FOR A PERIOD OF FIVE YEARS, WITH AN Item #16D5 PURCHASE BLEACHERS, FROM SEATING CONSTRUCTORS USA IN THE AMOUNT OF $31,896.12, TO UPGRADE BLEACHERS AT ATHLETIC FACILITIES THROUGHOUT THE 221 -"^. _·...___"m July 27, 2004 COI.lNIY.EARK SYSTEM Item #16D6 A RESIDENTIAL LICENSE LEASED PROPERTY AGREEMENT FOR MR. JASON HAVLIK, A LAW ENFORCEMENT OFFICER, TO LIVE ONSITE AND OVERSEE ACTIVITIES AT SUGDEN REGI.CThIALURK Item #16D7 REPLACEMENT OF TURF MAINTENANCE EQUIPMENT FROM Item #16D8 A HOME CARE FOR THE ELDERLY BUDGET AMENDMENT AND CONTINUATION GRANT, IN THE AMOUNT OF $97,359, AND AUTHORIZING THE CHAIRMAN TO SIGN THE AGREEMENT BETWEEN THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE AREA ON AGING FOR SOUTHWEST FLORIDA, INC. D/B/A! SENIOR SOLUTIONS OF SOUTHWEST FLORIDA FOR THE PERIOD OF mL Y 1, 2004 THROUGH JUNE 30, 2005 TO PROVIDE IN-HOME SUPPORT SERYICES Item #16D9 AN ALZHEIMER'S DISEASE INITIATIVE CONTINUATION GRANT IN THE AMOUNT OF $105,706 FOR SUPPORT SERVICES FOR SENIORS, AND AUTHORIZING THE CHAIRMAN TO SIGN AN AGREEMENT BETWEEN COLLIER 222 '--,~ July 27, 2004 COUNTY BOARD OF COUNTY COMMISSIONERS AND THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC., D/B/A! SENIOR SOLUTIONS OF SOUTHWEST FLORIDA FOR Item #16D10 THE COMMUNITY CARE FOR THE ELDERLY CONTINUATION GRANT IN THE AMOUNT OF $614,132, FOR SENIOR SUPPORT SERVICES, AND AUTHORIZING THE CHAIRMAN TO SIGN THE AGREEMENT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC., D/B/A! SENIOR SOLUTIONS OF SOUTHWEST FLORIDA FOR Item #16D11 THE PURCHASE OF A RUBBERIZED NATURAL GRASS FIELD PROCESS FOR A SOCCER FIELD AT THE VINEYARD'S COMMUNITY PARK FROM TURF SOLUTIONS SOUTHEAST AT A COST OF $30,000, TO BE FUNDED BY THE WASTE TIRE GRANI.EROGRAM Item #16E1 BID #04-3621 FOR ALARM MONITORING SERVICES AWARDED TO DEHART ALARMS FOR MONITORING FIRE AND BURGLAR ALARMS IN COUNTY GOVERNMENT Item #16E2 223 July 27, 2004 QUOTE #04-0333 UNDER CONTRACT #02-3349 AWARDED TO SURETY CONSTRUCTION COMPANY FOR "MAIN LOBBY RENOVATIONS OF THE COLLIER COUNTY COURTHOUSE" Item # 16E3 AN AGREEMENT BETWEEN THE AMERICAN RED CROSS AND THE BOARD OF COUNTY COMMISSIONERS TO PROVIDE TRAINING TO COLLIER COUNTY EMPLOYEES TO BECOME "AMERICAN RED CROSS HEALTH AND SAFETY" CERTIFIED INSTRUCTORS AND AUTHORIZED PROVIDERS OF FIRST AID, CPR, AND OTHER HEALTH AND SAFETY Elli TCA 110NER OGRAMS Item # 16E4 ADDITIONS TO THE 2004 FISCAL YEAR PAY AND CLASSIFICATION PLAN MADE FROM MAY 15, 2004 IHROliGH.lIJJ ,Y 9, 2004 Item #16E5 STAFF-APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS TO BOARD-APPROVED CONTRACTS FOR THE PERIOD OF MAY 24, 2004 THROUGH JUNE 30, 2004- AS Item # 16E6 CONTRACT #02-3349 IN THE AMOUNT OF $74,818 AWARDED TO SURETY CONSTRUCTION CO. FOR "TOILET 224 -~.,.. ._..._--~.,.~~-,- July 27, 2004 RENO V A TIONS FOR BUILDING F" TO UPGRADE THE FACILITIES, THEREFORE COMPLYING WITH THE Item #16E7 REPORT TO THE BOARD OF COUNTY COMMISSIONERS CONCERNING THE SALE AND TRANSFER OF ITEMS FROM THE COUNTY SURPLUS AUCTION OF JULY 10, 2004, Item #16E8 A BUDGET AMENDMENT FOR $66,382 FOR A GENERAL CAPITAL IMPROVEMENT MAINTENANCE PROJECT {EROlECI.No ~2~2~) Item #16E9 A BUDGET AMENDMENT TO RECOGNIZE EXCESS REVENUES AND APPROPRIATE EXPENDITURES IN THE Item #16EI0 A LEASE AGREEMENT WITH NEXTEL SOUTH CORPORATION GRANTING USE OF 150 SQUARE FEET OF ROOFTOP SPACE ATOP BUILDING "L" AT THE GOVERNMENT COMPLEX, IN ORDER TO INSTALL AND OPERATE COMMUNICATIONS EQUIPMENT FOR THEIR CELLULAR BUSINESS, FOR AN ANNUAL REVENUE OF $30,000 AND A FIRST YEAR, ONE-TIME CONTRIBUTION OF 225 July 27,2004 Item #16Ell A LETTER DESIGNATING COLLIER COUNTY EARLY LITERACY AND READING PARTNERSHIP FOR EDUCATIONAL SUCCESS AS THE LOCAL COUNCIL FOR THE EARL Y LEARNING OPPORTUNITIES ACT DISCRETIONARY GRANTS PROGRAM OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR FUNDING TO BE RECEIVED BY FUN TIME EARLY CHILDHOOD ACADEMY, me Item #16E12 DECLARING CERTAIN COUNTY-OWNED MODULAR FURNITURE PIECES AS SURPLUS AND AUTHORIZE STAFF TO PRO PERL Y DISPOSE OF THESE ITEMS AT THE COUNTY Item #16E13 - Continued Indefinitely THE ADVISORY COMMITTEES OUTSTANDING MEMBERS SERVICE AWARD PROGRAM, BASED ON YEARS OF SERVICE, TO HONOR AND REWARD ADVISORY COMMITTEE MEMBERS FOR THEIR OUTSTANDING AND Item #16Fl SUMMARY OF CONSENT AND EMERGENCY AGENDA ITEMS APPROVED BY THE COUNTY MANAGER DURING THE 226 "'--.- ~._"----~,.._- July 27, 2004 BOARD'S SCHEDULED RECESS, JUNE 27, 2004 TO JULY 13, 2004, PER RESOLUTION NO. 2000-149 - AS DETAILED IN THE Item #16F2 - Moved to Item #10R (Regular Agenda) Item #16F3 RESOLUTION 2004-232: FIXING THE DATE, TIME AND PLACE FOR THE PUBLIC HEARING FOR APPROVING THE SPECIAL ASSESSMENT (NON-AD VALOREM ASSESSMENT) TO BE LEVIED AGAINST THE PROPERTIES WITHIN PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT (MSTU) FOR MAINTENANCE OF THE WATER MANAGEMENT SYSTEM, BEAUTIFICATION OF RECREATIONAL FACILITIES AND MEDIAN AREAS AND MAINTENANCE OF CONSERVATION OR PRESERVE AREAS, AND ESTABLISHMENT OF CAPITAL RESERVE FUNDS FOR AMBIENT NOISE MANAGEMENT, MAINTENANCE OF CONSERVATION OR PRESERVE AREAS, U.S. 41 BERM, STREET SIGNAGE REPLACEMENTS WITHIN THE MEDIAN AREAS AND LANDSCAPING IMPROVEMENTS TO U.S. 41 Item #16F4 A TOURIST DEVELOPMENT CATEGORY "A" FY 05 GRANT APPLICATION AND A TOURISM AGREEMENT SUBMITTED BY THE CITY OF NAPLES FOR MONITORING OF DOCTORS Item #16F5 227 '--'" July 27, 2004 SPECIAL ASSESSMENTS AS REQUESTED BY THE FLORIDA ASSOCIATION OF COUNTIES (FAC) FOR LEGAL PROCEEDINGS ON DEPARTMENT OF JUVENILE JUSTICE COST SHIFT AND ADDITIONAL HOMESTEAD EXEMPTION CONSTITUTIONAL AMENDMENT IN THE TOTAL AMOUNT Item #16F6 SUMMARY OF 17 FUND 195 TOURIST DEVELOPMENT CATEGORY "A" GRANT APPLICATIONS AND CORRESPONDING TOURISM AGREEMENTS AND OTHER TOURIST TAX FUNDED EXPENDITURES TOTALING $24,724,568 FOR FY 04/05 - AS DETAILED IN THE EXECUTIVE SllMMARv Item # 16F7 AN INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES ESTABLISHING OFFICE SPACE FOR OUR COLLIER COUNTY FILM COMMISSIONER WITHIN THE NORRIS COMMUNITY CENTER AT A COST OF Item #16F8 DIRECT STAFF TO PREPARE AN AMENDMENT TO ORDINANCE NO. 92-18 ELIMINATING THE NON-VOTING Item # 16F9 228 -_.... _~~.M_____~._ _ July 27, 2004 A BUDGET AMENDMENT TO RECOGNIZE AND APPROPRIATE $14,400 OF ISLES OF CAPRI FIRE DISTRICT IMPACT FEE REVENUE TO FUND THE PURCHASE OF Item #16F10 A BUDGET AMENDMENT TO RECOGNIZE AND APPROPRIATE $30,000 OF UNANTICIPATED REVENUE FROM THE ISLES OF CAPRI FIRE DISTRICT INSPECTION FEES, WHICH WILL BE USED TO FUND REGULAR SALARIES IN IHAI.lliSIRICT Item #16F11 A BUDGET AMENDMENT REPORT - AS DETAILED IN THE Item #16F12 RESOLUTION 2004-233: AUTHORIZING THE BORROWING OF AN AMOUNT NOT TO EXCEED $6,000,000 FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT TO THE LOAN AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COMMISSION IN ORDER TO FINANCE THE ACQUISITION OF THE ARTHREX BUILDING FOR THE COUNTY TRANSPORTATION DIVISION- AS DETAILED IN THE Item #16F13 229 ._<~--,,--~."...< July 27, 2004 RESOLUTION 2004-234: AUTHORIZING THE BORROWING OF AN AMOUNT NOT TO EXCEED $21,400,000 FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT TO THE LOAN AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COMMISSION IN ORDER TO FINANCE THE ACQUISITION OF CERTAIN REAL PROPERTY WITHIN THE COUNTY, COLLECTIVELY KNOWN AS AMERICA'S BUSINESS PARK- Item #16F14 A CONTRACT FOR RFP #04-3607 WITH PUBLIC FINANCIAL MANAGEMENT, INC., (PFM) FOR FINANCIAL ADVISORY SERYICES Item #16G1 A GRANT FROM THE FEDERAL A VIA TION ADMINISTRATION IN THE AMOUNT OF $245,889 FOR THE CONSTRUCTION OF A PARALLEL TAXIWAY AT THE ffiŒRGLADRS A TREARK Item #16H1 REQUEST PAYMENT FOR COMMISSIONER HALAS TO ATTEND THE GREATER NAPLES CHAMBER OF COMMERCE 2004 ANNUAL TRADE SHOW, AUGUST 25, 2004 AT THE NAPLES BEACH HOTEL AT A COST OF $15.00 TO BE PAID 230 July 27,2004 Item #1611 MISCELLANEOUS CORRESPONDENCE-FILED AND/OR REEERRED- The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: 231 ~".,--.-,.._"",_...........~..,-". BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE July 27, 2004 A. Minutes: 1. Collier County Hisµanic Affairs Advisory Board - Agenda for March 25, 2004; _Minutes of March 25, 2004. 2. Development Services Advisory Committee - Minutes of June 2, 2004. a) Budget and Operations Sub-Committee - Minutes of June 16, 2004 3. Environmental Advisory Board - Agenda for July 7, 2004; Minutes of May 5, 2004. 4. Collier County Planning Commission - Agenda for June 17,2004, July 1, 2004; Minutes of May 6,2004. 5. Collier County Productivity Committee - Minutes of MaYI9, 2004. 6. Vanderbilt Beach M.S.T.U. - Agenda for July 1,2004; Minutes of June 3, 2004. 7. Collier County Domestic Animal Services Advisory Board - Minutes of May 19,2004. 8. Collier County Coastal Advisory Committee - Minutes of May 13,2004. 9. Parks and Recreation Advisory Board - Agenda for June 16,2004; Minutes of May 19,2004. 10. Collier County Historical Archaeological Preservation Board - Agenda for June 16,2004; Minutes of May 19,2004. H:DataIF ormat '--"""-'-'"'' July 27, 2004 Item #16J1 FILING OF THE STATE OF FLORIDA ANNUAL LOCAL GOVERNMENT FINANCIAL REPORT FOR FISCAL YEAR 2002- 2003 AS REQUIRED BY FLORIDA STATUTE 218.32 - AS Item #16K1 AN APPLICATION FOR THE LEASE OF SUBMERGED LAND (AQUACULTURE) FROM THE STATE OF FLORIDA FOR TWO Item #16K2 A PARTIAL RELEASE OF LIEN IMPOSED IN RESOLUTION NO. 2000-373, RESOLUTION NO. 2003-279 AND RESOLUTION NO. 2003-407, RELATING TO CODE ENFORCEMENT VIOLATIONS Item #16K3 THE STIPULATED FINAL JUDGMENT RELATIVE TO THE ACQUISITION OF PARCELS 179 AND 179T IN THE LAWSUIT STYLED COLLIER COUNTY V. DR. FRANCISCO O. CORTINA, ET AL., CASE NO. 00-0936-CA (GOLDEN GATE BOULEVARD EROlECI..NO 6304J Item #16K4 MEDIATED SETTLEMENT AGREEMENT AS TO PARCELS 739 AND 839 IN THE LAWSUIT STYLED COLLIER COUNTY V. 232 July 27, 2004 NANCY L. JOHNSON PERRY, ET AL., CASE NO. 03-2373-CA Item #16K5 STIPULATED FINAL JUDGMENT AS TO PARCEL 138 IN THE LAWSUIT STYLED COLLIER COUNTY V. JOHN A URIGEMMA, ET AL., CASE NO. 04-344-CA (VANDERBILT BEACH ROAD EROlECI..N 0 (3051) Item #16K6 AN AGREED ORDER AWARDING GUARDIAN AD LITEM FEES AS TO PARCEL 326 IN THE LAWSUIT STYLED COLLIER COUNTY V. AGNALDO DELIMA, ET AL., CASE NO. 00-1967-CA, GOLDEN GATE BOULEVARD II FOR A TOTAL COST OF $489 (EROlECI.NO 6304J) Item #16K7 STIPULATED FINAL JUDGMENT AS TO PARCEL 146 IN THE LAWSUIT STYLED COLLIER COUNTY V. ELIZABETH D. BLOCH, ET AL., CASE NO. 03-2403-CA (GOLDEN GATE EARKW A Y EROlECI..bIO (0027) Item #16K8 STIPULATED FINAL JUDGMENT RELATIVE TO THE ACQUISITION OF PARCEL 114 IN THE LAWSUIT STYLED COLLIER COUNTY V. MARIAN H. GERACE, AS SUCCESSOR TRUSTEE, ET AL., CASE NO. 00-0139-CA (PINE RIDGE ROAD EROlECI..NO 60 ill ) 233 July 27, 2004 Item #16K9 RESOLUTION 2004-235: AUTHORIZING THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY TO ISSUE REVENUE BONDS TO BE USED TO FINANCE CERTAIN COSTS OF CONSTRUCTION, RENOVATION AND EQUIPPING OF COMMUNITY, RECREATIONAL, AND SOCIAL SERVICE FACILITIES FOR THE YMCA OF COLLIER COUNTY, INC. AND TO REFUND CURRENTLY OUTSTANDING INDEBTEDNESS FOR ELIGIBLE EXPENDITURES - AS DETAILED IN THE Item #16K10 RESOLUTION 2004-236: UPDATED APPROVAL AUTHORIZING THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY TO ISSUE REVENUE BONDS TO BE USED TO FINANCE MANUFACTURING FACILITIES FOR THE MARCH Item #16K11 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN COLLIER COUNTY AND THE OFFICE OF THE PUBLIC DEFENDER FOR THE TWENTIETH JUDICIAL CIRCUIT OF FLORIDA, FOR REPRESENTATION OF INDIGENT DEFENDANTS, FOR AN ESTIMATED QUARTERLY COST OF $5,000 Item #16K12 AN AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN 234 July 27, 2004 COLLIER COUNTY AND THE OFFICE OF THE STATE ATTORNEY FOR THE TWENTIETH JUDICIAL CIRCUIT OF FLORIDA, TO PROSECUTE COUNTY ORDINANCE VIOLATORS, FORAN ESTIMATED QUARTERLY COST OF $.i,ill}0 Item #17A ORDINANCE 2004-47: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NO. 91- 102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, OR ITS SUCCESSOR, BY PROVIDING FOR AN AMENDMENT TO CORRECT ORDINANCE NO. 03-28, FOR THE TUSCANY RESERVE PLANNED UNIT DEVELOPMENT (PUD) TO CORRECT A SENTENCE ERRONEOUSL Y OMITTED FROM THE PUD DOCUMENT FOR THE PROPERTY LOCATED IN SECTION 7, TOWNSHIP 48 SOUTH, RANGE 26 EAST AND IN SECTION 12, TOWNSHIP 48 Item #17B RESOLUTION 2004-237: PETITION A VPLAT2004-AR5547, BUSINESS LANE DEVELOPMENT, INC., REPRESENTED BY BLAIR FOLEY, P.E., SEEKING TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE 15 FOOT WIDE DRAINAGE EASEMENT LOCATED ON LOTS 27 AND 28, ACCORDING TO THE PLAT OF "NORTH COLLIER INDUSTRIAL CENTER", AS RECORDED IN PLAT BOOK 31, PAGES 50 THROUGH 51, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND TO ACCEPT A 15 FOOT WIDE RELOCATION DRAINAGE EASEMENT ON A PORTION 235 July 27, 2004 OF LOTS 28 AND 29 OF SAID "NORTH COLLIER INDUSTRIAL CENTER", LOCATED IN SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST Item #17C ORDINANCE 2004-48: AMENDING COLLIER COUNTY ORDINANCE NO. 97-8, AS AMENDED, THE FALSE ALARM ORDINANCE; AUTHORIZING VIOLATORS TO APPEAL CITATIONS TO THE CODE ENFORCEMENT SPECIAL MASTER; AUTHORIZING THE SHERIFF'S OFFICE TO REFER UNPAID CITATIONS TO THE SPECIAL MASTER; PROVIDING THAT THE SPECIAL MASTER CAN ASSESS A CIVIL FINE UP TO $500 AND CAN FILE LIENS AGAINST VIOLATOR'S PROPERTY; INCREASING CIVIL FINES FOR FIVE OR MORE FALSE ALARM VIOLATIONS; PROVIDING THAT CLASS CERTIFICATES FOR CREDIT AGAINST A FUTURE Item #17D RESOLUTION 2004-238: PETITION V A2004-AR5756 CYPRESS GLEN DEVELOPMENT REPRESENTED BY GEORGE HERMANSON, OF HOLE MONTES, INC., REQUESTING AN AFTER-THE-FACT VARIANCE OF 1.25 FEET FROM THE MINIMUM REQUIRED 15-FOOT SEPARATION BETWEEN STRUCTURES AS PROVIDED IN THE CYPRESS GLEN PUD, TO ALLOW BUILDINGS 6 AND 7 TO HAVE A 13.75-FOOT SEPARATION BETWEEN TWO STRUCTURES, FOR PROPERTY LOCATED ON THE NORTH SIDE OF PINE RIDGE ROAD APPROXIMATELY 1400 FEET WEST OF LIVINGSTON ROAD FURTHER DESCRIBED AS THE CYPRESS GLEN PUD IN 236 July 27, 2004 SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, Item #17E ORDINANCE 2004-49: PUDZ-2003-AR-4046, DWIGHT NADEAU, OF RWA CONSULTING, INC., REPRESENTING WATERWAYS JOINT VENTURE IV, REQUESTING A REZONE FROM RURAL AGRICUL TURAL (A) AND PLANNED UNIT DEVELOPMENT (PUD, KNOWN AS HIBISCUS VILLAGE PUD) TO PUD TO BE KNOWN AS SUMMIT PLACE IN NAPLES PUD FOR A RESIDENTIAL DEVELOPMENT CONSISTING OF 98.4+/- ACRES AND 394 DWELLING UNITS FOR PROPERTY LOCATED AT 14625 COLLIER BOULEVARD WHICH IS ON THE WEST SIDE OF COLLIER BOULEVARD (C.R.951) AND APPROXIMATELY 700 FEET NORTH OF WOLFE ROAD, IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, Item #17F ORDINANCE 2004-50: A REVISED MANDATORY RECYCLING ORDINANCE FOR NON-RESIDENTIAL PROPERTY IN THE Item #17G- Continued Indefinitely A RESOLUTION INCREASING THE REGULATORY ASSESSMENT FEE FROM THE CURRENT 2.00/0 UP TO 3.75% OF THE GROSS REVENUES FOR NONEXEMPT, INVESTOR- OWNED WATER AND/OR WASTEWATER SYSTEMS SUBJECT TO LOCAL REGULATION AND THE FLORIDA GOVERNMENT 237 July 27, 2004 UTILITY AUTHORITY, PURSUANT TO INTERLOCAL Item #17H ORDINANCE 2004-51: AMENDING COLLIER COUNTY ORDINANCE NO. 87-60 TO AUTHORIZE THE COUNTY'S TRANSPORTATION DEPARTMENT TO ISSUE PERMITS THAT AUTHORIZE IN-THE-TRAVELED-ROAD SOLICITATIONS OF Item #171 ORDINANCE 2004-52: ALLOWING THE OBTAINMENT OF STATE OF FLORIDA AND FEDERAL BUREAU OF INVESTIGATION RECORD CHECKS THROUGH MANDATORY FINGERPRINTING OF CURRENT AND NEW EMPLOYEES, VENDORS AND CONTRACTORS IN CERTAIN POSITIONS 238 July 27, 2004 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:17 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CON~L ~d4 DONNA FIALA, Chairman ATTEST: DWIGHT E. BROCK, CLERK - ~ . -&¡ #'i~/à·::~1M){). IX .. . ,:;~..t"·*;,tò ~11run . S .; :'':':t".'n~11~. Tì1~'~ rirínute~:~pbroved by the Board oncft d-~JL :; /1rJiJ i as I, . '. . ./ ,. .., I , t a·· ~.o.· ....:. t d presen e ",;;,:'. :::~ ~r' or as correc e . ~ , ~'("..l If" TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC. BY TERRI LEWIS. 239