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BCC Minutes 11/01/2005 R November 1, 2005 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, November 1, 2005 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board( s) of such special district as has been created according to law and having conducted business herein, met on this date at 9: 00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Fred W. Coyle Frank Halas Tom Henning (Absent) Donna Fiala Jim Coletta ALSO PRESENT: Jim Mudd, County Manager David Weigel, County Attorney Crystal Kinzel, Office of the Clerk of Court Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS tì~~ .,.,~~ ù,,". .( -~= AGENDA October 25, 2005 9:00 AM Fred W. Coyle, Chairman, District 4 Frank Halas, Vice-Chairman, District 2 Donna Fiala, Commissioner, District 1 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 PRESENT A TION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2004-05, AS AMENDED REQUIRES THA T 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 OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 1 October 25, 2005 --.,,--- 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 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. September 22, 2005 - BCC/Budget Hearings C. September 23, 2005 - Value Adjustment Board Meeting D. September 27,2005 - BCC/Regular Meeting E. October 3,2005 - BCC/Pre-2006 Legislative Workshop 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1) Jorge Aguilera, Bureau of Emergency Services 2) Alice Toppe, Risk Management B. 25 Year Attendees 1) Kyle Lukasz, Pelican Bay Services 2) Rhonda Tibbetts, Purchasing C. 30 Year Attendees Page 2 October 25, 2005 1) Kathy Carpenter, Public Services Administration 4. PROCLAMATIONS A. Proclamation designating October 28, 2005, as The Day of the Red Walk. To be accepted by Craig Greusel, Project Director; Karey Stewart, Lely Elementary Principal; and Nina Ribinski, Administrator for Safe and Drug- free Schools. B. This item continued from the October 11, 2005 BCC Meetin1!. Proclamation designating October 25,2005, Mr. James Rozzi Day. To be accepted by James Rozzi. C. Proclamation designating November 2005 as Collier County Adoption Month. To be accepted by Terry Iamuri, President of Adoption Task Force of Southwest Florida, Inc.; Deborah Allen, Secretary of Adoption Task Force of Southwest Florida, Inc.; Jim Allen, Board Member of Adoption Task Force of Southwest Florida, Inc.; and Dustin Allen, son of Deborah and Jim Allen. D. Proclamation designating October 25,2005, as Hurricane Katrina Relief Workers' Day. To be accepted by Nicole Basta, Karen Simander, Marie Laliberte, and Tonia Figueroa of the Collier County Health Department; Division Chief Dan Bowman, Captain Les Williams, Lieutenant Eva Weeks, Lieutenant Heather Spieth, Lieutenant Eric Havens of Emergency Medical Services; Chris Byrne and Jonathan Aponte of the City of Marco Island Fire Department; Erick Baltodano and Marc SanAngelo of the City of Naples Fire Department; Al Sanchez and David Levitt of Domestic Animal Services; and Jim Durrwachter, Josh O'Connor, Marc Rogers, Frank Connor, Jamie Farmer, Fed Privett, and Marty White of the Florida Panther National Wildlife Refuge. E. Proclamation designating October 26, 2005, as Dogs Night Out Day. To be accepted by Margo Castorena, Director of Domestic Animal Services; and Deb Newman, Executive Director of the Fifth Avenue South Association. F. Proclamation supporting citizens' ballot initiative to amend the Constitution of Florida by adding a new section to Article I. To be accepted by Jerry Rutherford, Chairman, Christian Coalition of Collier County. Page 3 October 25, 2005 5. PRESENTATIONS A. Recommendation to recognize Frank Inzano, Engineering Inspector, Public Utilities Division, as Employee of the Month for October 2005. 6. PUBLIC PETITIONS A. Public Petition request by Jo Presi Brisson to discuss road paving in Golden Gate Estates. B. Public Petition request by Thomas Se1ck to discuss Building Permit No. 2005080737,3560 21st Avenue SW. Item 7 and 8 to he heard no sooner than 1:00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2005-AR-7586 Southern Centers in Naples, LC, in regards to Office Depot, represented by Wayne Arnold, ofQ. Grady Minor and Associates, P.A. and Richard Yovanovich of Goodlette, Coleman and Johnson, P.A., requesting a conditional use to allow an office supply store in excess of 5, 000 square feet within the C-3 zoning district (with an ST overlay) pursuant to the previous LDC Section 2.2.14.3.11. The subject property, consisting of 4.02 acres, is located on the northeast comer of Collier Boulevard and Tamiami Trail East (US 41), in Section 3, Township 51 South, Range 26 East. B. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: CU-2003-AR- 3573. Independent Haitian Church of God, represented by Kelly Smith of Davidson Engineering, Inc., requesting a Conditional Use in the RMF-6 zoning district as provided for within Table 2 of Section 2.04.03 per Land Development Code (LDC) for expansion of a church. The 2.03 acre property to be considered for the conditional use is located at 3709 Guilford Road, Lot 5 and Lot 6, Block A, Guilford Acres, in Section 13, Township 50, Range 25, Collier County Florida. C. This item was continued from the July 26, 2005 and October 11, 2005 BCC meetin1!s and is further bein1! reQuested to be continued Page 4 October 25, 2005 indefinitely. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2004-AR-6384 Golden Gate Congregation of Jehovahs Witnesses, represented by Mike Landy, of Landy Engineering, Inc. requesting a Conditional Use in the Estates zoning district for an additional church building pursuant to Table 2 of Section 2.04.03 of the Collier County Land Development Code. The proposed Conditional Use will replace the existing CU-96-12 (E) Ordinance Number 97-440. The new church building is proposed to be 4,400 square feet. The property consisting of 5.15 acres, is located at 3480 Golden Gate Boulevard S. W., Tract 81, Golden Gate Estates Unit No.4, in Section II, Township 49 South, Range 26 East, Naples, Florida. 8. ADVERTISED PUBLIC HEARINGS A. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2005-AR-7469, Sonoma Oaks MPUD: Richard and Frances Craig and CDN Properties, LLC, represented by Robert Mulhere of R W A, Inc., in requesting a rezone from the Rural Agricultural "A" zoning district to the Mixed Use Planned Unit Development "MPUD" zoning district to be known as Sonoma Oaks PUD, a mixed-use development consisting of a maximum of 112 residential dwelling units and 120,000 square feet of commercial uses located on approximately 37.5 acres, on the west side of Collier Boulevard (CR 951), approximately 1/4 mile north of Vanderbilt Beach Road, in Section 34, Township 48 South, Range 26 East Collier County, Florida. B. This item was continued from the October 11, 2005 BCC meetin1!. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX-2005-AR-7832 Hammock Woods LLC, represented by David Underhill, P.E., of Banks Engineering, Inc., is requesting a 2-year extension of the Sierra Meadows PUD. The subject property, consisting of 90.8 acres, is located at the southwest comer of Rattlesnake-Hammock Road and Collier Boulevard, in Section 22, Township 50 South, Range 26 East, Collier County, Florida. C. This item was continued from the October 11,2005 BCC Meetin1!. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-A-2004-AR-6092: Benderson Development Company, represented by Agnoli, Barber & Brundage, Inc. and R. Bruce Anderson, Esquire of Roetzel & Andress, Page 5 October 25, 2005 requesting an amendment to the Westport Commerce Center PUD for the purpose of revising the PUD document and Master Plan to show a reduction in the intensity of the commercial/retail and industrial square footage, delete the Accommodations District land use, increase the amount of preserve area, and changing the PUD reference to MPUD (Mixed Use PUD). The property is located on Collier Boulevard (C.R. 951) and Davis Boulevard, in Section 3, Township 50 South, Range 26 East, Collier County, Florida, consisting of 96.3 acres. (Petitioner's request) 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the SWFL Expressway Authority. B. Confirmation of appointments to the Collier County Citizens Corps. C. Request for a reconsideration of purchasing School Board property that was approved for purchase by the Board of County Commissioners at the September 27,2005 BCC Meeting. (Commissioner Halas request) 10. COUNTY MANAGER'S REPORT A. Request the Board approve, and authorize its Chairman to sign, an Interlocal Agreement with the City of Naples with respect to the County's Goodlette- Frank Road Project. (Norman Feder, Administrator, Transportation Services) B. This item to be heard at 1:00 p.m., and after Item 12B. Recommendation that the Board approve the plans, specifications, and cost estimates concerning the proposed project to restore the lake between 107th Avenue North and 1 08th Avenue North, together with the tentative assessment roll and methods of assessment; provide advance funding for the project; and provide for payment of the special assessment. (Norman Feder, Administrator, Transportation Services) C. Recommendation to approve selection of Consultech, a Qualified Firm, and award a Contract under ITN 05-3583 CEI Services for Collier County Road Projects," for Project No. 69101 Immokalee Road from 1-75 to CR-95 I Collier Boulevard in the amount of$1,54l,279. (Norman Feder, Administrator, Transportation Services) Page 6 October 25, 2005 D. Recommendation to approve Collier County's 2006 State Legislative Priorities and direct the County Manager to provide them to the county's state lobbyist. E. Recommendation to approve and transmit a Water Reservation Policy Statement on behalf of Collier County to the Florida Association of Counties as requested. F. Recommendation to approve selection of AB&B, a Qualified Firm and award a Contract under RFP 05-3835 Consulting and Design Services" for new alignment and capacity improvements to Santa Barbara Boulevard from Davis Boulevard to Rattlesnake Hammock Road, County Project No. 60091 in the amount of $1,160,034. (Norman Feder, Administrator, Transportation Services) G. Recommendation to approve award of bid 05-3894 in the Amount of $3,171,636 to Douglas N. Higgins, Inc., for the construction of the Potable Water Main and Landscaping Improvements along US 41 Project 71059. (Jim DeLony, Administrator, Public Utilities) H. Approve an Addendum to the County Manager's Employment Agreement. 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. This item is a time certain item to be heard at 12:00 noon. Recommendation that the Board of County Commissioners, pursuant to Section 286.011(8), Fla. Stat., meet in executive (closed attorney-client) session at 12:00 noon on Tuesday, October 25, 2005, to discuss settlement negotiations and/or strategy related to litigation expenditures in the case of Collier County v. United Engineering Corporation, Case No. 04-3363-CA, pending in the Twentieth Judicial Circuit in and for Collier County, Florida. Attending: Board of County Commissioners; County Attorney David C. Weigel; Chief Assistant County Attorney Michael W. Pettit; Paul Ullom, Esq.; County Manager James V. Mudd. B. This item is a time certain item to be heard at 1:00 p.m. in Open Session. Recommendation that the Board of County Commissioners (1) give direction to outside counsel, Paul Ullom, Esq., of the law firm Carlton Page 7 October 25, 2005 Fields, and the Office of the County Attorney regarding settlement negotiations and/or strategy related to litigation expenditures in the case of Collier County v. United Engineering Corporation, Case No. 04-3363-CA, pending in the Twentieth Judicial Circuit in and for Collier County, Naples, Florida, and (2) recommendation that the Board of County Commissioners also give direction concerning settlement or other action in related disputes including without limitation to related disputes with the engineering firm of Metcalf & Eddy. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Venezia Grande Estates. The roadway and drainage improvements will be privately maintained. 2) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Kensington Park Phase Four. The roadway and drainage improvements will be privately maintained. 3) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Kensington Gardens. The roadway and drainage improvements will be privately maintained. Page 8 October 25, 2005 4) Recommendation to grant final approval of the roadway (Public) and drainage improvements for the final plat of Sabal Bay Commercial Plat, Phase Two (Thomasson Drive) 5) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Kensington Park Phase Three-C. The roadway and drainage improvements will be privately maintained. 6) Recommendation to approve for recording the final plat of Cottesmore, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 7) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Waterways of Naples Unit One. The roadway and drainage improvements will be privately maintained. 8) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Waterways of Naples Unit Two. The roadway and drainage improvements will be privately maintained. 9) Recommendation to approve an Agreement for Sale and Purchase with Roseanna T. Lockwood, as Trustee of the Lockwood Family Revocable Trust dated November 6, 1991 for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $46,000. 10) Recommendation to approve an application for reimbursement of a portion of impact fees in the sum of$70,017.43, due to the over- collection of impact fees, based on an incorrect land use classification. 11) Recommendation to approve final acceptance of water utility facilities for Crystal Lake Terraces, Phase Three. 12) Recommendation to approve final acceptance of water and sewer utility facilities for Olde Cypress, Unit One. Page 9 October 25, 2005 13) Recommendation to approve final acceptance of water and sewer utility facilities for Venezia Grand Estates. 14) Recommendation to approve final acceptance of water and sewer utility facilities for Sabal Bay Commercial, Phase 2. 15) Recommendation to approve final acceptance of sewer utility facilities for Kensington Park, Phase Four. 16) Recommendation to approve final acceptance of sewer utility facilities for Kensington Park, Phase 3-C. 17) Recommendation to ratify the County Manager's approval of an Access Request and Release form allowing Florida Natural Areas Inventory staff to access Conservation Collier lands for the purpose of conducting an exotic plant survey, to authorize the Chairman to sign the attached Access Request and Release form and to authorize the County Manager or his designee to sign Access Request and Release forms in the future. 18) Recommendation to approve for recording the final plat of Artesia Naples, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 19) CARNY-2005-AR-8445, Reverend Joseph Spinelli, O.S.A., St Elizabeth Seton Catholic Church, requesting a permit to conduct the annual St. Elizabeth Seton Festival on November 9,10, 11, 12 and 13, 2005, located at 2760 52nd Terrace SW in Golden Gate City. 20) Recommendation to approve final acceptance of sewer utility facilities for Kensington Gardens. 21) Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in the Code of Laws Section 2-11, for the purpose ofre-labeling the Building Valuation Data Table. 22) Recommendation to approve four State Housing Initiative Partnership (SHIP) Budget Amendments, recognizing additional program Page 10 October 25, 2005 revenue, carry-forward and closing out grant year 2003 and grant year 2004 in the Affordable Housing Trust Fund (191). B. TRANSPORTATION SERVICES 1) Recommend Board's approval of Adopt-A-Road Agreements (4) for the following: Lori Young, Florida Home Realty-Airport Road 1, Lori Young, Florida Home Realty-Airport Road 2, Lori Young, Florida Home Realty-Radio Road and ASAP Accounting Service of Ana Patino, Inc. 2) Recommendation to approve the purchase of three (3) Tractor Mowers from Creel Tractor Company in the amount of $106,370.16 in accordance with State bid contract #765-900-452. 3) Recommendation to approve the purchase of one (1) Articulated Motor Grader from the Nortrax Equipment Company in the amount of $142,159.17 in accordance with the Florida Sheriffs Association & Florida Association of Counties Contract #05-13-0822. 4) Recommendation to approve the purchase of one (I) Bulldozer from the Nortrax Equipment Company in the amount of$143,867.01 in accordance with the Florida Sheriffs Association & Florida Association of Counties Contract #05-13-0822. 5) Recommendation to approve a Resolution superseding and replacing Resolution Number 2003-134, in order to expand and redefine a No Parking Zone on Griffis Highway, commonly known as Capri Boulevard, at a cost of $800. 6) Recommendation to approve Change Order No.2 to Professional Services Agreement No. 03-3509 in the amount of$310,540 for additional engineering services with American Consulting Engineers of Florida, LLC for design additions and modifications to the Goodlette-Frank Road expansion project from Golden Gate Parkway to Pompei Lane, Project No. 60005. 7) Recommendation to approve the purchase of four (4) Crew Cab Flat Bed Dump Trucks in accordance with Collier County bid #04-3591 from Wallace International Trucks in the amount of $256,880.96. Page 11 October 25, 2005 8) Recommendation to authorize staff to enter into a Work Order in the amount of $176,548 with Johnson Engineering, Inc. for the design, permitting, and construction engineering and inspection services of the Florida Power & Light (FP&L) Greenway from Rattlesnake Hammock Road to Radio Road, Project #69081. 9) Recommendation to approve the purchase of two (2) 20-CY Diesel Powered Dump Trucks in accordance with Collier County bid #05- 3731 from Wallace International Trucks in the amount of $193,280.24. C. PUBLIC UTILITIES 1) Recommendation to award Bid No. 05-3872 for Reinforcement of Driveways for the Residential Trash Collection & Disposal Program to NR Contractors, Inc. Estimated value of $200,000 from the Mandatory Trash Collection Funds. 2) Recommendation to approve a budget amendment and to return excess grant proceeds for the Petroleum Cleanup Contract GC623 back to the State of Florida. 3) Recommendation to award Bid 05-3871, South County Inflow and Infiltration Repair Services & Installation of New Interior Manhole Chimney Seals and Manhole Rehabilitation to D. N. Higgins, Inc. for County-wide maintenance of manholes in the estimated annual amount of $808,300 from project 725001. 4) Recommendation to approve an Amendment to Work Order JEI-FT- 05-02-A for the Construction Engineering Inspection Services to Johnson Engineering Inc., (JEI) to inspect the construction of the Water Main on US 41 in the amount of$164,758 Project 71059. 5) Recommendation to Approve a Blanket Purchase Order with U.S. Filter for Maintenance and Repair of Odor Control Units at Both the North County Water Reclamation Facility and the South County Water Reclamation Facility, in the Amount of $145,094. 6) Recommendation to award Bid # 05-3882, Annual Generator Repair, Maintenance & Installation to Power Pro- Tech Services, Inc. for Page 12 October 25, 2005 County-wide maintenance of equipment in the estimated annual amount of $350,000. D. PUBLIC SERVICES 1) Recommendation to enter into an agreement with Collier County Child Advocacy Council to provide supervised visitation services in Collier County. Services will be reimbursed through a grant awarded by the United States Department of Justice, Office on Violence Against Women in the amount of$125,000. E. ADMINISTRATIVE SERVICES 1) Recommendation to approve fourteen additional classifications as FRS senior management positions, modifications and additions to the deferred compensation match, and the addition of a retiree health insurance program. ($314,911) 2) Recommendation to authorize conveyance of an Easement to Florida Power & Light Company for the installation of electrical facilities to serve the Vanderbilt Beach Parking Garage, at a cost not to exceed $27.00, Project 90295. 3) Recommendation to waive formal approve competition and approve the use of Eaton Power Quality Corporation for services over $25,000 for the purchase of UPS back-up battery systems and the maintenance and warranty operations of the these systems. 4) Recommendation to award Bid #05-3880 Water Treatment Services/Chemicals for Cooling Towers to Aquasure, Inc. for water treatment services/chemicals for cooling towers. (Average annual amount of $34,000) 5) Recommendation to award Bid #No. 05-3857 for the purchase and installation of floor covering to Wayne Wiles Carpets, Inc. d/b/a Wayne Wiles Floor Coverings and LP Group, Inc. d/b/a Carpet & More. (Average annual amount of $49,000) F. COUNTY MANAGER Page 13 October 25, 2005 1) Recommend approval of proposed Amendment to Tourist Development Tax Category A Beach and Beach Park Facilities Funding Policy. 2) That the Board of County Commissioners adopt the attached resolution and the related amendments (appropriating grants, donations, contributions or insurance proceeds) which amend the Fiscal Year 2004-05 adopted budget in accordance with Section 129.06, Florida Statutes. 3) Recommendation to approve an Agreement between Collier County and the Florida Department of Community Affairs accepting $105,806 for Emergency Management Program Enhancement. 4) Recommendation to approve a budget amendment in the amount of $391,011.23 for the purchase of two ambulances and one Ford Expedition for replacements to Emergency Medical Services fleet. 5) Recommend approval of Change Order 1 to Research Services Contract #03-3538 with Evans, Klages, Inc. dated October 28, 2003 for additional funding in the of$33,000, for a total of$108,000 and approve Change Order I to be retro-active October 1,2005. 6) Recommendation to approve the purchase of GovMax software ($45,000 per annum for both the Operating and Capital modules). G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Approve the Service Contract of the Bayshore Gateway Triangle Community Redevelopment Agency Executive Director, David L. Jackson. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Coletta requests approval for reimbursement for prepaying to attend a function serving a valid public purpose: The Friends of the Developmentally Disabled Inaugural Fund Raiser on November 5, 2005 in the amount of $50.00 to be paid from his travel budget. Page 14 October 25, 2005 2) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner is requesting reimbursement for attending the Bonita Springs Noon Rotary as a speaker on November 3,2005 and is requesting reimbursement in the amount of $14.00, to be paid from his travel budget. 3) Commissioner Coletta requests approval for reimbursement for payment to attend a function serving a valid public purpose. Commissioner paid in advance for the 2005 Southwest Florida Blue Chip Community Business Award Recognition Breakfast he intends to attend on November 3,2005 and is requesting reimbursement in the amount of $10.00, to be paid from his travel budget. 4) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid purpose. Commissioner paid in advance to attend the Ave Maria University & Town Groundbreaking and Reception on November I, 2005 and is requesting reimbursement in the amount of $20.00 to be paid from his travel budget. 5) Commissioner Henning requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner Henning to attend The Education Foundation Breakfast featuring Representative Dudley Goodlette as speaker. The event is October 26, 2005, at the Hilton Hotel; $18.95 to be paid from Commissioner Henning's travel budget. 6) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. commissioner to attend the Ave Maria University & Town ground breaking ceremony and reception on November 1, 2005 at 5100 Camp Keais Road; $20.00 to be paid from Commissioner Halas' travel budget. 7) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner to attend the Rookery Bay Environmental Learning Center Cuban Caribbean Cookout on October 26, 2005 at Rookery Bay; $20.00 to be paid from Commissioner Halas' travel budget. Page 15 October 25, 2005 8) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner to attend the Blue Chip Recognition Breakfast on November 3,2005 at the Hilton Naples & Towers' $10.00 to be paid from Commissioner Halas' travel budget. 9) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. To attend the Ground Breaking Ceremony for Ave Maria University & Town on Tuesday, November 1, 2005 at the Ave Maria site, 5100 Camp Keais Road; $20.00 to be paid from Commissioner Fiala's travel budget. 10) Commissioner Fiala requests Board approval for reimbursement to attend a function serving a valid public purpose. Will attend the Cuban Caribbean Cookout and Cocktail Party at Rookery Bay Reserve on Wednesday, October 26,2005; $20.00 to be paid from Commissioner Fiala's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to adopt the budget amendment appropriating carry forward and expenditure budgets for open purchase orders for non- project funds and for unexpected budget for project funds at the end of Fiscal Year 2005. 2) Recommend that the Collier County Commission endorse the United States Department of Justice/Department of Treasury Federal Equitable Sharing Annual Certification Report. 3) Recommend to waive formal competition and execute Lease for absentee ballot processing and mailing equipment for the Supervisor of Election Office. K. COUNTY ATTORNEY Page 16 October 25, 2005 1) Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of $517,500.00 for the Acquisition of Parcels 135, 735A and 735B in the Lawsuit Styled Collier County v. Wal-Mart Stores, Inc., et aI., Case No. 04-3632-CA (Immokalee Road Project No. 66042). (Fiscal Impact: $307,332.00) 2) Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcel 158 in the lawsuit styled Collier County v. Joseph Guidish, Jr., et al., Case No. 03-2549-CA (Golden Gate Parkway Project 60027).(Fiscal Impact $11,987) 3) Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcels 160 & 960 in the lawsuit styled Collier County v. Beverly J Gatti, et al., Case No. 03-2551-CA (Golden Gate Parkway Project 60027).(Fiscal Impact $41,211) 4) Recommendation to authorize application for tax deeds for thirty-one (31) County-held tax certificates and to authorize a notice to proceed to the Tax Collector. 5) Recommendation to approve the designation of one (1) additional classification as senior management service position for Florida Retirement System (FRS) eligibility purposes; to approve the addition of an annual match into the deferred compensation accounts (the County's 457 Defined Contribution Plan) of employees who receive a lump sum merit increase, of Assistant County Attorneys (equivalent to County Manager Department Director positions), and of the Chief Assistant County Attorney (equivalent to the Deputy County Manager). 6) Recommendation that the Board of County Commissioners approve, and authorize the Chairman to execute, an Amendment to Settlement and Zoning Agreement for the property contained within the Orange Blossom Ranch PUD. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS Page 17 October 25, 2005 RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. A Resolution amending Resolution Number 05-261 that granted Conditional Use approval for the Florida Home Model Center Extension to correct a scriveners error resulting from an incorrect legal description included in the adopted Resolution for property located in Section 15, Township 49 S, Range 26 E, Collier County, Florida. B. This item reQuires that all participants be sworn in and Ex Parte Disclosure be provided by Commission members. Recommendation to approve Petition A VPLA T2005-AR8l5l to disclaim, renounce and vacate the Countys and the Publics interest in a portion of the 7.5 foot wide drainage easement located along the side of Lot 67, Block F, according to the plat of Flamingo Estates as recorded in Plat Book 10, Pages 34 through 35, Public Records of Collier County, Florida, located in Section 1, Township 50 South, Range 25 East. C. SE-05-AR-8029, a Resolution amending Resolution Number 05-235, the Town of Ave Maria DRI to correct a scriveners error in Exhibit A Legal Description of the Resolution to the Town of Ave Maria Development Order Number 05-01 for property that is located on the north side of Oil Well Road (CR-858), the west side of Camp Keais Road and approximately 6,000 feet south of Immokalee Road (CR-846). The property lies within Sections 4-9 & 16-18, Township 48 South, Range 29 East and Sections 31-33 Township 47 South, Range 29 East. D. SE-05-AR-8030, a Resolution amending Resolution Number 05-234A, the Town of Ave Maria Stewardship Receiving Area (SRA) to correct a scriveners error in Exhibit A Legal Description of the Resolution to the Page 18 October 25, 2005 Town of Ave Maria SRA for property that is located on the north side of Oil Well Road (CR-858), the west side of Camp Keais Road and approximately 6,000 feet south of Immokalee Road (CR-846). The property lies within Sections 4-9 & 16-18, Township 48 South, Range 29 East and Sections 31- 33 Township 47 South, Range 29 East. E. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-04-AR-6422, D. Wayne Arnold ofQ. Grady Minor & Associates, P. A., and George Varnadoe ofCheffy, Passidomo, Wilson & Johnson, representing The Lutgert Companies, requesting to rezone 53 acre site from Rural Agriculture (A) Zoning District to a Mixed-Use Planned Unit Development (MPUD) to be known as the Mercato MPUD permitting a maximum of395,000 square feet of retail floor space, 100,000 square feet of office space, and a maximum of 80 hotel units is permitted within the 27.7-acre Mixed Use tract and 175 residential dwelling units in a mixed-use area and on a 10.67 acre Residential Tract resulting in a density of 3.3 units per acre. The property is located on the northeast quadrant of Vanderbilt Beach Road (CR-862) and Tamiami Trail North (US-4l) in Section 34, Township 48 South, Range 25 East. F. Recommendation that the Board of County Commissioners of Collier County, Florida, adopt an Ordinance amending Ordinance No. 2003-59, which is Article V of Chapter 49 of the Collier County Code of Laws and Ordinances, incorporating changes to the Advanced Broadband Infrastructure Investment Program, and establish a maximum annual budget of $300,000 to fund the Program. G. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-A-2004-AR- 6126 WCI Communities, Inc., and CDC Land Investments, Inc., represented by Richard D. Yovanovich, Esquire, of Goodlette, Coleman & Johnson, P.A. and Robert J. Mulhere, AICP, of RW A, Inc., requesting a rezone from the Planned Unit Development (PUD), Agricultural-Special Treatment area (A- ST) and Agricultural (A) zoning districts to the Mixed Use Planned Unit Development (MPUD) zoning district, for a project to be known as the Sabal Bay PUD. A portion of the site is currently known as the CDC PUD or Collier DR!. The proposed project will include a residential component consisting of a maximum of 1,999 varied housing type units and golf course, commercial uses, recreation/village center uses, and public facility uses, Page 19 October 25, 2005 preserve areas and rights-of-way. The property is located south of Thomasson Drive, south and west of U.S. 41, north and west of the Wentworth PUD, and east of the Naples Bay Intercoastal Waterway. The property is in Sections 23, 24, 25, 26 and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of 2,416.08 acres. (COMPANION ITEM TO AGENDA ITEM 17H - DRIABN-2004-AR-6251) H. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. DRIABN-2004-AR- 6251 Collier Development Corporation (CDC) represented by George Varnadoe, ofCheffy, Passidomo, Wilson & Johnson, LLP, requesting abandonment of a Development of Regional Impact (DRI) for the CDC DRI approved in DRI Development Order 86-2, approved on November 10, 1986 because the proposed changes to the PUD will reduce the project below the applicable criteria for a DRI. The property is located south of Thomasson Drive, south and west of U.S. 41, north and west of the Wentworth PUD, and east of the Naples Bay Intercoastal Waterway. The property is in Sections 23, 24, 25, 26 and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of2,4l6.08 acres. Companion to PUDZ-A-2004-AR-6l26 - Sabal Bay PUD (Companion item to PUDZ-A-2004-AR-6126) I. That the Board of County Commissioners adopts the attached resolution and the related amendments (appropriating carry forward, transfers and supplemental revenue) that amend the Fiscal Year 2004-05 adopted budget in accordance with Section 129.06, Florida Statutes. J. Recommendation to Adopt an Ordinance Amending the Code of Laws and Ordinances of Collier County, Florida, Amending Chapter 14, Article II, Which Regulates and Controls Animals within the Area of Collier County, as Promulgated by Ordinance 93-56, as Amended; Amending Section 14-26, Pertaining to Definitions; Amending Section 14-27, Pertaining to Penalties; Amending Section 14-31, Pertaining to Enforcement; Providing for Conflict and Severability, Inclusion in the Code of Laws and Ordinances and an Effective Date. K. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX-2005-AR- 7909 Lodge Abbott and Associates, LLC, represented by Richard D. Page 20 October 25, 2005 .~.~._-'" Yovanovich, of Goodlette, Coleman and Johnson, PA, is requesting a 2-year extension of the Cocohatchee Bay PUD. The subject property, consisting of 532 acres, is located on the northwest comer of Wiggins Pass Road and Vanderbilt Drive, in Sections 8, 16, 17, and 20, Township 48 South, Range 25 East, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 21 October 25, 2005 November 1,2005 MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, you have a hot mike. CHAIRMAN COYLE: The Board of County Commissioners' meeting is now in order. Would you please stand for the invocation by County Manager Jim Mudd. MR. MUDD: Let us pray. Oh, Heavenly Father, we ask your blessings on these proceedings and all who are gathered here. We ask a special blessing on this Board of County Commissioners, guide them in their deliberations, grant them the wisdom and vision to meet the trials of this day and the days to come. Please remember all those folks in Collier County and the State of Florida that had damage, personal and in property because of Hurricane Wilma, and that their recovery be quick and that they heal in mind and heart. Bless us now as we undertake the business of Collier County and its citizens, that our actions will serve the greater good of all citizens and be acceptable in your sight. Your will be done, Amen. CHAIRMAN COYLE: Thank you. Would you please remain standing for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN COYLE: Thank you. Okay. We now go to the agenda. Mr. Mudd, do you have any changes for us today? Item #2A REGULAR, CONSENT AND SUMMARY AGENDA- APPROVED AND/OR ADOPTED WITH CHANGES MR. MUDD: Yes, sir. Agenda changes, the Board of County Commissioners' meeting October 25th, 2005, meeting continued to Page 2 November 1, 2005 November 1,2005. Withdraw item 4A. This is a proclamation designating October 28,2005, as the Day of the Red Walk. Withdraw item 4E, which is a proclamation designating October 26, 2005, as Dog's Night Out Day, at staffs request. Item 4D continued to November 15, 2005, BCC meeting. It's a proclamation designating Hurricane Katrina Relief Workers' Day. Withdraw item 4F. It's a proclamation supporting citizens' ballot initiative to amend the Constitution of Florida by adding a new section to Article I, and that withdrawal was at Commissioner Henning's request. Add item 4B (sic), which is hurricane recovery briefing by Mr. Dan Summers and Mr. Jim DeLony, and you probably have to hand mark that into your -- it's 5B. Item 6A. It's to continue to November 15, 2005, BCC meeting. It's a public petition request by Jo Presi Brisson to discuss road paving in Golden Gate Estates, and that's at the petitioner's request. Item 6B. Continue to November 15,2005, BCC meeting. It's a public petition request by Thomas Selck to discuss building permit number 200508737 dash -- or comma, 3560 -- which is at 3560 21st Avenue Southwest, and that was at the petitioner's request. Next item is to add an item, 101, and that's a recommendation to adopt a resolution approving the Hurricane Wilma work site agreement providing federal funds under a national emergency grant to cover the pre-screening costs, wages, and required safety equipment for temporary workers due to the effects of Hurricane Wilma. That's at staffs request. Add item 10J. It's a resolution in support of Hurricane Wilma relief and recovery operations. It's a recommendation to direct the County Manager to suspend the enforcement of subsection 2.01.00.2, 2.03.07.J.3.A., 3.02.09.E. and section 4.02.22.C.l of the Collier County Land Development Code, ordinance number 04-41 as Page 3 November 1,2005 amended, relating to prohibition of the parking of travel and recreational vehicles in the driveways of single-family residences due to the extensive damage caused by Hurricane Wilma, and that's at staff s request. Add on item 10K. It's a resolution declaring a public interest and necessity in removing debris caused by Hurricane Wilma on or adjacent to public and private roads throughout the county and authorizing such removal of debris by Collier County as part of its emergency management efforts in accordance with chapter 252.38(3)(a)(5), of the Florida Statutes. Collier County ordinance number 84-37, number 2001-45, and ordinance 2002-50, codified in Section 38-56 through 38-70 in the Collier County Code of Laws and Ordinances, and in accordance with proclamation/resolution number 2005-367, declaring and extending a state of emergency for all territory within the legal boundaries of Collier County, as a result of extensive damage caused by Hurricane Wilma. That's at staffs request. Add on item 10L. It's a resolution in support of Hurricane Wilma relief and recovery operations. It's a recommendation to direct the county manager to expand the number of hours that construction activities may occur under section 54-92( e )(2), the maximum permissible sound levels of construction sounds, chapter 54, Code of Laws and Ordinances of Collier County, Florida, by partially suspending enforcement of section 54-92( e )(2), and allowing construction activities to occur from 6:30 a.m. to 9:00 p.m. Monday through Saturday, and 9:00 a.m. to 9:00 p.m. Sunday, with the exception of Thanksgiving Day, through December 23, 2005. Again, the exception is Thanksgiving Day and this period of time would start now and go through December 23, 2005, and that's at staff s request. The next item is add item 10M, and that's a report to the board of all emergency purchase orders issued under section 20 of the county's Page 4 November 1,2005 purchasing policy in preparation for and in response to Hurricane Wilma, and that's at staffs request. Next item is add an item ION, which is emergency amendments in support of Hurricane Wilma relief and recovery operations. It's a recommendation to adopt a resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in the code of laws, section 2-11, and that's at staffs request. Next item is to withdraw item 16A21. That is a recommendation to adopt a resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in the code of laws, section 2-11, for the purpose of relabeling the building variation data table, and that withdrawal is at staffs request. Next item is item 16D 1, which is to continue to the November 15, 2004 (sic) BCC meeting, and that's a recommendation to enter into an agreement with the Collier County Child Advocacy Council to provide supervised visitation services in Collier County. Service will be reimbursed through a grant awarded by the United States Department of Justice, Office of Violence Against Women, in the amount of $125,000, and that continuance is at staffs request. Next item is to withdraw item 16H2, and that -- commissioner requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner is requesting reimbursement for attending the Bonita Springs Noon Rotary as a speaker on November 3, 2005, and that's withdrawn because I believe the commissioner is no longer going to that event. Next item is item 17G. It's a correction to the executive summary under recommendation, third paragraph, last sentence should read, the proposed deviation will be more compliant with current code than, rather than the word that. Page 5 November 1,2005 Also under recommendation in paragraph, deviation 6, first sentence should read, and seeks to have two ground signs rather than sings, and that was caught by Commissioner Fiala, and I thank her for her diligence going through there and helping us out. And we'll have that corrected when this comes back on the 15th of November. You have three time certain items today. Item lOB, it will be heard at 1 :00 p.m., right after item 12B, and that's a recommendation that the board approve the plan specification and cost estimates concerning the proposed proj ect to restore the lake between 107th Avenue North and 108th Avenue North, together with the tentative assessment roll and method of assessment; provide advanced funding for the project; and provide for payment of this special assessment. The next time certain item is item 12A. This item to be heard at 12:00 noon. It's a recommendation that the Board of County Commissioners, pursuant to section 286.011(8), Florida statutes, meet in executive closed client -- closed attorney/client session on Tuesday, October 25th, 2005, which was, again, extended until 1 November, today, to discuss settlement negotiations and/or strategy related to litigation expenditures in the case of Collier County versus United Engineering Corporation, case number 04-3363-CA, pending in the 12th (sic) judicial circuit in and for Collier County, Florida. Attending will be the Board of County Commissioners, County Attorney David C. Weigel, Chief Assistant County Attorney Michael Pettit, Paul Ullom, Esquire, and County Manager Jim Mudd. Next time certain is item 12B. This item to be heard at 1 :00 p.m., and this is in open session. It is a recommendation that the Board of County Commissioners give direction to outside counsel, Paul Ullom, Esquire, of the law firm Carlton Fields, and the Office of the County Attorney, requiring settlement negotiations or strategy related to the litigation expenditures in the case of Collier County versus United Engineering Corporation, and I've already stated the case number Page 6 November 1, 2005 previously. And number two, a recommendation that the Board of County Commissioners also give direction concerning settlement or other action in related disputed including without limitation to related disputes with the engineering firm of Metcalf & Eddy. And of note, item 7B requires that all participants be sworn in and ex parte disclosure be provided by commission members. Now, for the audience, I want you to take head of this particular statement. The following items are continued to the meeting of November 15th, 2005. The board took separate action last week that by supermajority votes, that if there were any land use items on the agenda that needed supermajority vote, they would be continued to the 15th of November to make sure that everybody had the opportunity to speak on these particular items because of the hurricane. All right. And now I'm going to go through those items that are now continued to the 15th of November. If you're here to talk on any of these particular items, these items will be discussed by the board on 15 November and not today. The items that are continued to 15 November, 2005, are item 7 A, 7B, 7C, 8A, 8B, 8C, 17 A, 17B, 17E, 17G, 17H, or 17K. Now, one other note -- and I'm done with reading the changes, thank God. It's probably going to be longer than the meeting. If there's any speakers that want to speak on an item that was withdrawn, okay, that -- the chair will not be having those particular items on the agenda. If you want to sign up under general comment, you can. But if your item has been withdrawn, the board will not be accepting your public comment on that item. We will just move over that item and move to the next one. That's all I have. Mr. Weigel? MR. WEIGEL: Thank you, Jim. Mr. Chairman and Commissioners, just one note for the record, and that is, 8A, which is Page 7 November 1, 2005 one of the items continued to the November 15th meeting, was to be and is to be the reconsideration of the Sonoma Oaks PUD item. As you know, this was heard before the board on October 11 th, a motion to reconsider came forward, and it was advertised for the October 25th meeting, which, along with the other items continued to November 15th, were all continued to November 15th as this being one of the supermajority vote items. That action taken, as Jim indicated, at the prior meeting, special meeting of the board, October 25th, at -- early in the morning. This item provides under 2-42 the code of laws and ordinances, the reconsideration ordinance, that it's to be heard within 30 days of the motion having been made. This continuance may technically bring it beyond the 30 days as stated by the ordinance, but the board has taken an action in special session related to the hurricane, and I wanted to go on the record today to indicate that, as I've opined before in regard to extraordinary or special meeting schedule circumstances relating to the reconsideration ordinance, that this item shall be properly heard, and I have so opined, at the November 15th meeting. I just want to put that on the record. CHAIRMAN COYLE: Okay. Thank you. Do we have any registered speakers for the summary agenda? MS. FILSON: No, sir. I only had one for 4F who can speak under public comment. CHAIRMAN COYLE: Who will be speaking under public comment? MS. FILSON: I don't know, but Jim announced that they could if they'd like. CHAIRMAN COYLE: Okay. Apparently not, okay. We'll have ex parte disclosure and any recommendations to have a summary agenda item placed on the regular agenda from the other commissioners. We'll start with Commissioner Halas. COMMISSIONER HALAS: Good morning, ladies and Page 8 November 1,2005 gentlemen of the commission. I do not have any ex parte and I do not have any changes on today's agenda. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Likewise here, no changes to the agenda and nothing to declare. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: No changes and no ex parte. CHAIRMAN COYLE: Okay. Thank you very much. Was -- I 7 A was continued, wasn't it? MR. MUDD: Yes, sir. CHAIRMAN COYLE: Okay. Then in that case, I have nothing to declare with respect to the summary agenda because all the items that I was going to declare on have been scheduled for the next meeting. Is there a motion to approve the agenda as amended? COMMISSIONER HALAS: So moved. COMMISSIONER FIALA: Motion to -- oh, second. CHAIRMAN COYLE: Motion by Commissioner Halas to approve, Commissioner Fiala, second. Any further discussion? (N 0 response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) Page 9 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING October 25. 2005 Meetina Continued to November 1. 2005 Withdraw Item 4A: Proclamation designating October 28, 2005 as The Day of the Red Walk. Withdraw Item 4E: Proclamation designating October 26, 2005 as Dogs Night Out Day. (Staff's request.) Item 4D continued to the November 15. 2005 BCC meetina: Proclamation designating Hurricane Katrina Relief Workers' Day. Withdraw Item 4F: Proclamation supporting citizens' ballot initiative to amend the Constitution of Florida by adding a new section to Article 1. (Commissioner Henning's request.) Add On 5B: Hurricane Recovery Briefing. (Dan Summers and Jim Delony.) Item 6A: Continue to November 15. 2005 BCC meetina: Public Petition request by Jo Presi Brisson to discuss road paving in Golden Gate Estates. (Petitioner's request.) Item 6B: Continue to November 15. 2005 BCC meetina: Public Petition request by Thomas Selck to discuss Building Permit No. 2005080737, 3560 21st Avenue SW. (Petitioner's request) Add On Item 101: Recommendation to adopt a resolution approving the Hurricane Wilma Worksite Agreement providing Federal funds under a National Emergency Grant to cover the pre-screening costs, wages and required safety equipment for temporary workers due to the effects of Hurricane Wilma. (Staff's request.) Add On Item 10J: Resolution in support of Hurricane Wilma relief and recovery operations: Recommendation to direct the County Manager to suspend the enforcement of subsections 2.01.00.2, 2.03.07.J.3.A, 3.02.09.E, AND 4.02.22.C.1 of the Collier County land Development Code (Ordinance Number 04-41, as amended) relating to the prohibition of the parking of travel/recreational vehicles in the driveways of single family residences due to the extensive damage caused by Hurricane Wilma. (Staff's request.) Add on Item 10K: Resolution declaring a public interest and necessity in removing debris caused by Hurricane Wilma on or adjacent to public and private roads throughout the County and authorizing such removal of debris by Collier County as part of its emergency management efforts in accordance with Chapter 252.38 (3)(a)(5), Fla. Stat., Collier County Ordinance Nos. 84-37, 2001-45 and 2002- 50 (codified in Sections 38-56 through 38-70 in the Collier County Code of laws and Ordinances) and in accordance with Proclamation/Resolution No. 2005-367 declaring and extending a State of Emergency for all territory within the legal boundaries of Collier County, as a result of extensive damage caused by Hurricane Wilma. (Staff's request.) Add on Item 10L: Resolution in support of Hurricane Wilma relief and recovery operations: Recommendation to direct the County Manager to expand the number of hours that construction activities may occur under Section 54-92(e)(2), Maximum Permissible Sound Levels of Construction Sounds, Chapter 54, Code of Laws and Ordinances of Collier County, Florida by partially suspending enforcement of Section 54-92(e)(2) and allowing construction activities to occur from 6:30 a.m. to 9:00 p.m. Monday through Saturday and 9:00 a.m. to 9:00 p.m. Sunday, with the exception of Thanksgiving Day, through December 23, 2005. (Staff's request.) Add Item 10M: Report to the Board of all emergency purchase orders issued under Section XX of the County's Purchasing Policy in preparation for and in response to Hurricane Wilma. (Staff's request.) Add on Item 10N: Emergency amendments in support of Hurricane Wilma relief and recovery operations: Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in Code of Laws Section 2-11. (Staff's request.) Withdraw Item 16A21: Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in the Code of Laws Section 2-11, for the purpose of re-Iabeling the Building Valuation Data Table. (Staff's request.) Item 16D1 - Continue to the November 15. 2005 BCC meetina: Recommendation to enter into an agreement with Collier County Child Advocacy Council to provide supervised visitation services in Collier County. Services will be reimbursed through a grant awarded by the United States Department of Justice, Office on Violence Against Women in the amount of $125,000. (Staff's request.) Withdraw Item 16H2: Commissioner requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner is requesting reimbursement for attending the Bonita Springs Noon Rotary as a speaker on November 3, 2005 and is requesting reimbursement in the amount of $14.00, to be paid from his travel budget. (Commissioner Coletta's request.) Item 17G: Correction to the executive summary under Recommendation, third paragraph, last sentence should read". . . . the proposed deviation will be more compliant with current code "than" (rather than "that") . . . . Also under Recommendation in paragraph "Deviation 6", first sentence should read" . . . and seeks to have two ground signs (rather than "sings") . .. (Commissioner Fiala's request.) Time Certain Items: Item 10B: This item to be heard at 1 :00 p.m., and after Item 12B. Recommendation that the Board approve the plans, specifications, and cost estimates concerning the proposed project to restore the lake between 107th Avenue North and 10ath Avenue North, together with the tentative assessment roll and methods of assessment; provide advance funding for the project; and provide for payment of the special assessment. Item 12A: This item to be heard at 12:00 noon. Recommendation that the Board of County Commissioners, pursuant to Section 286.011 (8), Fla. Stat., meet in executive (closed attorney-client) session on Tuesday, October 25, 2005, to discuss settlement negotiations and/or strategy related to litigation expenditures in the case of Collier County v. United Engineering Corporation, Case No. 04-3363- CA, pending in the Twentieth Judicial Circuit in and for Collier County, Florida. Attending: Board of County Commissioners; County Attorney David C. Weigel; Chief Assistant County Attorney Michael W. Pettit; Paul Ullom, Esq.; County Manager James V. Mudd. Item 12B: This item to be heard at 1 :00 p.m. and in Open Session. Recommendation that the Board of County Commissioners (1) give direction to outside counsel, Paul Ullom, Esq., of the law firm Carlton Fields, and the Office of the County Attorney regarding settlement negotiations and/or strategy related to litigation expenditures in the case of Collier County v. United Engineering Corporation, Case No. 04-3363-CA, pending in the Twentieth Judicial Circuit in and for Collier County, Naples, Florida, and (2) recommendation that the Board of County Commissioners also give direction concerning settlement or other action in related disputes including without limitation to related disputes with the engineering firm of Metcalf & Eddy. NOTE: Item 7B: Requires that all participants be sworn in and Ex Parte disclosure be provided by Commission members. The followina items are continued to the meetina of November 15. 2005: Items 7 A, 7B, 7C, 8A, 8B, 8C, 17 A, 17B, 17E, 17G, 17H, 17K November 1,2005 Item #2B, #2C, #2D, #2E MINUTES OF THE SEPTEMBER 22, 2005 - BCC/BUDGET HEARINGS; MINUTES OF THE SEPTEMBER 23, 2005 - VALUE ADJUSTMENT BOARD MEETING; MEETING OF THE SEPTEMBER 27, 2005 - BCC/ REGULAR MEETING AND THE OCTOBER 3,2005 - BCC/PRE-2006 LEGISLATIVE WORKSHOP - APPROVED AS PRESENTED CHAIRMAN COYLE: It is unanimous. Thank you very much. Now, with respect to minutes of the September 22, 2005, BCC/budget hearings; the September 23, 2005, Value Adjustment Board meeting; September 27, 2005, BCC regular meeting; and the October 3, 2005, BCC/pre-2006 legislative workshop. Is there a motion to approve those minutes? COMMISSIONER HALAS: Move for approval. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion by Commissioner Halas to approve, second by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. Item #3 SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) - PRESENTED Page 10 ._..,·"_..·,,"···..··"·".MO_._·"..~,_..~ November 1,2005 Now that brings us to service awards for our employees. MR. MUDD: Yes, sir. You want to take it down here? CHAIRMAN COYLE: Yeah. Let's do it down there. MR. MUDD: As the commissioners are moving down -- and I'm just going to do a little attendance real quick, because folks are trying to get around today. Is Kyle Lukask here? (No response.) MR. MUDD: How about Kathy Carpenter? (No response.) MR. MUDD: That will make it a little bit quicker. And we'll reschedule those particular employees at a later date. Commissioner, service awards. We'll start with the 20-year attendees. The first is Jorge Aguilera from the Bureau of Emergency Services, and this is a 20-year awardee. (Applause.) COMMISSIONER FIALA: Thank you for all your dedicated work, Jorge. COMMISSIONER HALAS: Jorge, thank you. MR.OCHS: Jorge, congratulations. MR. MUDD: Congratulations. MR. AGUILERA: Where do I stand? CHAIRMAN COYLE: Stand right here. MR. MUDD: Thank you, Jorge. The next 20-year awardee is Alice Toppe from risk management. (Applause.) CHAIRMAN COYLE: Congratulations. Thank you. COMMISSIONER FIALA: Thanks for all your dedicated work. MS. TOPPE: You're very welcome. COMMISSIONER HALAS: Thank you very much for your kind service. Page 11 _,_,,··_,·"·,""·_,~__,.,o__ __·H__"<"_^~~. November 1,2005 CHAIRMAN COYLE: Stand here for a picture. MR. MUDD: Alice. Thanks a lot, Alice. Mr. Ochs' comment to Alice was, you've come a long way from the double wide trailer that you used to operate out of, okay, at one time. The next awardee is a 25-year awardee, and that's for Rhonda Tibbetts from purchasing. (Applause.) CHAIRMAN COYLE: Thank you very much. COMMISSIONER HALAS: Rhonda, thank you so much. COMMISSIONER COLETTA: Appreciate it. MR. MUDD: Commissioner, that's our last awardee. Kyle is -- Kyle, did you -- CHAIRMAN COYLE: Nope. MR. MUDD: Nope, no Kyle. We'll reschedule it, sir. CHAIRMAN COYLE: I'll leave it here. You can pick it up later. MR. MUDD: That's it for today. Item #4B THIS ITEM CONTINUED FROM THE OCTOBER 11, 2005 BCC MEETING - PROCLAMATION DESIGNATING OCTOBER 25, 2005, MR. JAMES ROZZI DAY - ADOPTED Commissioner, that brings us to proclamations, and the first proclamation is 4B. CHAIRMAN COYLE: Okay. And I'm going to present that one. MR. MUDD: You're going to have to help me here, because Sue was changing dates as we spoke yesterday, and I don't have the new dates yet, so -- Page 12 November 1,2005 CHAIRMAN COYLE: Okay. You mean as far as-- MR. MUDD: What the date of the proclamation is. And this __ and this presentation is to Mr. James Rozzi for Mr. James Rozzi Day. CHAIRMAN COYLE: Okay. And I believe that Ron Pennington is going to accept this proclamation on Mr. Rozzi's behalf. Mr. Rozzi could not be with us, but I will -- Ron, why don't you come on up here and face the audience, and I'll read the proclamation and present it to you, okay? MR. PENNINGTON: Thank you. CHAIRMAN COYLE: Whereas, on September 30, 2004, and July 28, 2005, Collier County was visited by three representatives from the Federal Department of Environmental Protection; and, Whereas, the FDEP visit was related to our Collier County City of Naples beach renourishment project with major concern for the potential damage to our environmentally sensitive biological sea life along our beaches; and, Whereas, FDEP's objective was to dive over the offshore areas to observe current conditions and provide oversight for the biological monitoring surveys being conducted by our consultants; and, Whereas, FDEP divers, along with our consultants, conducted many dives on each of these events; and, Whereas, on both visits, their successful missions were primarily a result of the direct contribution of Mr. James Rozzi; and, Whereas, Mr. Rozzi volunteered his boat, diving facilities, and personal diving expertise to benefit Collier County and the FDEP. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that November the 1st, 2005, be designated as Mr. James Rozzi Day. Done and ordered this 1st day of November, 2005, Board of County Commissioners, Collier County, Florida, Fred Coyle, Chairman. And it is with great pride that I present this to Mr. Ron Page 13 ,~~._,____.__u_.,."~,_",..,.____,,"___ November 1, 2005 Pennington. And Mr. Pennington, if you will hold these, we'll take a picture of you, and you can autograph it for Mr. Rozzi. MR. PENNINGTON: Great. And if I may, I've got a couple words. CHAIRMAN COYLE: Certainly. (Applause.) MR. PENNINGTON: Mr. Rozzi is unable to be here today. He's still out of town awaiting restoration of power to his home, but we've been communicating via e-mail. And he did ask to please inform the appropriate persons that I thank them for their kind thoughts and praise. I accept the accolade with pleasure and humbleness. And I also wish to thank all persons with the city, county, and state level. I believe their efforts to restore normalcy are exemplary. So thank you very much, and we appreciate it. And we certainly, from the Coastal Advisory Committee, appreciate all the assistance from Mr. Rozzi. CHAIRMAN COYLE: Thank you very much, Mr. Pennington. And we'll need to take that plaque back. We gave you the wrong plaque. MR. PENNINGTON: Okay. Oh, well. That's all right. We'll get there. CHAIRMAN COYLE: Okay. Thanks a lot. MR. PENNINGTON: Thank you. (Applause.) Item #4C PROCLAMATION DESIGNATING NOVEMBER 2005, AS COLLIER COUNTY ADOPTION MONTH - ADOPTED MR. MUDD: Commissioner, the next proclamation is 4C, and Page 14 November 1, 2005 that's a proclamation designating November, 2005, as the Collier County Adoption Month. To be accepted by Terry Iamuri, president of -- and it might be Iamuri -- COMMISSIONER FIALA: Iamuri. MR. MUDD: Iamuri, okay -- president of the Adoption Task Force of Southwest Florida, Inc.; Deborah Allen, Secretary of the Adoption Task Force of Southwest Florida, Inc.; Jim Allen, board member of the Adoption Task Force of Southwest Florida, Inc.; and Dustin Allen, son of Deborah and Jim Allen. COMMISSIONER FIALA: I'm so happy I have the pleasure of doing this again this year. Thank you. Proclamation: Whereas, every child has the right to grow in a secure, loving family and adoption is a positive way to build a family; and, Whereas, the Adoption Task Force of Southwest Florida is a collaborative effort of community agencies and individuals to create and increase awareness of adoption; and, Whereas, the Adoption Task Force of Southwest Florida, Incorporated's purpose is to provide resources and education on the various aspects of adoption and promote positive attitudes towards adoption; and, Whereas, adoption brings untold benefits to Collier County residents that are affected by the adoption process. This includes benefits to birth parents, adoptive parents, and the children placed in adoptative homes, as well as their extended families; and, Whereas, crisis pregnancy is a problem in Collier County, and adoption is a positive option that is not always considered due to a lack of awareness in education. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the month of November, 2005, be designated as Collier County Adoption Month. And in honor of this event, we encourage citizens, community Page 15 _^''''·'·_______"_'._,·_.__..,,o__... November 1,2005 agencies, religious organizations, businesses and others, to celebrate adoption and honor the families that grow through adoption. Done and ordered this 1 st day of November, 2005, Board of County Commissioners, Collier County, Florida, Fred Coyle, Chairman. And Mr. Chairman, I make a motion to approve. COMMISSIONER HALAS: Second. CHAIRMAN COYLE: Okay. A motion to approve by Commissioner Fiala, a second by Commissioner Halas. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: It passes unanimously. Thank you very much. (Applause.) MS. IAMURI: We're so happy Dustin comes to join us each year. MR. MUDD: Can we get a picture? CHAIRMAN COYLE: Did you -- did anyone want to say a few words? MS. IAMURI: I would like to. I'm Terry Iamuri. Thank you, Donna Fiala, for -- or Commissioner Fiala for that name. It's hard with those double vowels. On behalf of the adoption task force, I did want to let you know we do provide services to the public from every aspect. We have a resource list we try to get out to all the agencies that would be able to use it. Our contact number is 403-5893. Thank you, again, for letting us have this moment in front of the commission and the county to bring awareness to adoption. Page 16 November 1,2005 CHAIRMAN COYLE: Thank you. COMMISSIONER FIALA: Thank you for bringing so many other people into a happy, healthy family. MS. IAMURI: Thank you. MR. MUDD: Commissioner, before we go to the next item, I had a momentary lapse. At the start of the meeting, the commissioners were supposed to give me their list of top 10 folks for item 9 A, which is the Southwest Florida Expressway Authority. I've received lists from Commissioner Halas and Commissioner Fiala. Commissioner Coyle, Commissioner Coletta, if you have those lists, I'd like to pick them up now so I can get them on a sheet and have them back here in time for your meeting. CHAIRMAN COYLE: I have -- I could not find 10 people on the list that I thought were qualified, but I'll give you my list such as it IS. COMMISSIONER COLETTA: I have it numbered out right on here. CHAIRMAN COYLE: You can put my name on that list so you know who it is. COMMISSIONER COLETTA: Let me put mine on there. CHAIRMAN COYLE: I had trouble after five or six. COMMISSIONER FIALA: The first four were easy. Item #5A RECOGNIZING FRANK INZANO, ENGINEERING INSPECTOR, PUBLIC UTILITIES DIVISION, AS EMPLOYEE OF THE MONTH FOR OCTOBER 2005 MR. MUDD: Commissioner, that brings us to item 5A which is presentations, and that is a recommendation to recognize Frank Inzano from -- who's an engineering inspector for public utilities division, as Page 1 7 November 1,2005 the Employee of the Month for October 2005. And if Frank could come forward, please. Frank Inzano is always eager to help in difficult situations and has proved it many times. Frank, you've got to come forward and face everybody out there, okay, and you need to smile, okay? A good example concerning problems that were encountered with the North County Water Reclamation Facility's load control center on March 1,2005. This system is a result of an agreement between the county and the Florida Power and Light Company, FPL. The agreement mandates that the county switch from regular electricity power to load control in exchange for the most favorable electrical rates. Failure of this system could result in potential fines to the county exceeding $110,000. When FPL recognized that the load control center had failed, it notified the North County Reclamation Facility personnel. Frank Inzano, Engineering Inspector for public utilities engineering department rose to the occasion. The repairs were made, however, Frank explained to the FPL representative that the county was not at fault, and after negotiations, FPL agreed with Frank's observation and waived all associated fines that amounted to $110,000. Not only is he smiling, but he's very persuaSIve. Another example of Frank's dedication involved an incident at the current North County Water Reclamation Facility expansion project during excavation of earthwork to install a large pipeline. The contractor encountered unforeseen electrical duct problems that could have potential set back -- could have potentially set back the schedule of the project five to six months. The result of the delay would cost the county -- would cost the county fines totaling $10,000 per day under the Florida Department of Page 18 November 1,2005 Environmental Protection Agency's Consent Order that specified a time certain completion date. Realizing the impact of this event, the project manager immediately contracted (sic) Frank to assist with a resolution. To solve the problem, FPL had to make significant changes. The proj ect manager expedited the necessary up-front work and Frank coordinated the necessary work with FPL. As a result of his negotiations, the repairs were made in record time and the county escaped the potential $10,OOO-a-day fine. These are but two examples of Frank's dedication and commitment to excellence. He is a great team player and an outstanding asset to Collier County. Ladies and gentlemen, I'd like to present to you the Employee of the Month for October 2005, Frank Inzano. (Applause.) COMMISSIONER FIALA: Wow, really impressive. Can I shake your hand? CHAIRMAN COYLE: Here's a plaque, and the most important thing is the check. Now, where is Frank's parking permit? MR. MUDD: Frank doesn't get one of that. That's your volunteer and your other thing. CHAIRMAN COYLE: Well, I distinctly heard Commissioner Coletta say he would gladly sacrifice his parking space to the Employee of the Month every month. COMMISSIONER COLETTA: What you heard IS that I volunteered your spot. MR. MUDD: I'll find Frank a place to park, sir. CHAIRMAN COYLE: Okay, good. COMMISSIONER COLETTA: Frank, good to see you. CHAIRMAN COYLE: There should be an Employee of the Month designated space. MR. MUDD: We'll work on it, sir. Page 19 November 1, 2005 CHAIRMAN COYLE: Okay. MR. MUDD: No, but Frank works over by that new garage. He's got covered parking. CHAIRMAN COYLE: Oh, in that case. COMMISSIONER FIALA: Then we'll take his spot. Item #5B HURRICANE RECOVERY BRIEFING (DAN SUMMERS AND JIM DELONY) MR. MUDD: Commissioner, that brings us to our next item which is -- which was on your change sheet, and that is item 5B, which is Hurricane Wilma recovery update by Mr. Dan Summers, your Director of the Bureau of Emergency Management, and by Mr. Jim DeLony, your Public Utilities Administrator. And Dan's going to talk about the update overall, and Mr. DeLony's going to talk about debris removal, I hope. MR. SUMMERS: Commissioners, good mornIng. Dan Summers, Director of the Bureau of Emergency Services, your Emergency Management Director of Record. Give you a little update. If there's any light at the end of the tunnel, I can report there's only 29 days of hurricane season left. So hopefully we're making good progress through putting this year behind us. Let me give you a little brief operational overview, if I could, this morning, and let's first of all talk about what is job one, and that is the victims of Hurricane Wilma. We continue to march on our transition from emergency relief efforts to voluntary human services organizations, as well as other human service programming. That transition is somewhat gradual, as these organizations come forth, provide the relief services, and as we Page 20 November 1,2005 begin to get folks back to work and begin to find suitable housing. Many of the organizations that are on the ground include the American Red Cross; the Salvation Army; the Baptist Men's Feeding -- the Baptist Men's Feeding Organization. They're in partnership with the American Red Cross; United Methodist, we know, is on the ground; the Latter-Day Saints has been on the ground in a very intensive effort in Immokalee; Catholic Social Ministries is on the ground. There are other organizations I have missed, but these are some of the large ones, as well as the coalition and interagency working groups in Immokalee. Shelters of last resort were opened yesterday in terms of a precautionary shelter arrangement in the event that folks could not fine suitable short-term, temporary housing. We had the Immokalee Sports Complex that had supplies and equipment, to include staffing from the American Red Cross, as well as our own parks department. We also provided shelter of last resort at the Golden Gate Recreation Center. That, too, staffed by American Red Cross -- pardon me, American Red Cross and our parks department. We also had cots and blankets available last night at the Ochopee Fire Department and Everglades City should those individuals not find anything that was suitable for last night. Based on the assessment I have this morning, no one in Collier County took advantage of those three facilities last night. As you know, we're concerned about the weather forecast with some anticipated rain. The emergency operations center meets at 10 o'clock today, and we'll reevaluate those needs for today as well. But the good news is that we were well postured for any short-term emergent refuge needs for last night. Through the governor, the Emergency Food Stamp Program hopes to roll out today. That may be an outdoor operation, so we'll see how that goes with today's pending weather forecast. We had Page 21 November 1,2005 made prior arrangements with WalMart on 951. We actually have a disaster ground lease in that parking lot. The food stamps folks like that site, and we hope that they will be set up today with their Emergency Food Stamp Program. If it doesn't make it at that particular site, we will announce another location, again, weather pending. I don't have any information yet on any client assistance cards or voucher programs from the American Red Cross. We do know they have representatives on the ground at Everglades City and Ochopee, in particular, and we are in the process of setting up a number of disaster assistance centers where individuals can go and register and discuss their needs with the appropriate agency for continuing assistance. There are no boil water notices for the unincorporated area of Collier County, and I want to stress, no boil water ordinances -- I'm sorry, no boil water orders, notices, thank you, for the unincorporated areas of Collier County, including those served by Everglades City. If you have heard some boil water notices, they are probably for a specific meter only, not for the system in general and those individuals through their utilities companies have been made aware. I was briefed by Florida Power and Light this morning. They have a total outage right now in Collier County -- I'm sorry, of Naples, of 1,169 customers within the City of Naples, 1,169. In unincorporated Collier County, they have 6,131 services out. Their estimated time to completion still is November 3rd. They backed that up actually seven days yesterday, so November 3rd is their date of completion. The areas affected that still have scattered outages include Port Royal, South Naples, Henderson Creek, South Belle Meade, North Naples, and Golden Gate. So they're moving out very well. Lee Co-op's numbers, the last that we heard, were somewhere in the 1,100 to 1,500 range in Immokalee. They were making great progress as they continue, so we'll get a better update from them later Page 22 ".._---- November 1,2005 throughout the day. Temporary housing continues to be a challenge at the state and federal level. I will tell you that we learned yesterday that FEMA still plans -- right now is working on a housing mission as a result of Hurricane Katrina in around 40,000 temporary units, 40,000. They can be travel trailers or mobile homes have been committed. So you could imagine what a drain of 40,000 temporary housing units is doing on the system. I don't have any confirmation today from FEMA on how they plan to exercise this temporary housing mission, whether they're going to try to wait on mobile homes and travel trailers to be produced to meet that need in Florida for Wilma, whether they are going to try to command or purchase what is available in the retail sector as opposed to their specific site built type projects. We just don't know yet. We have cut all the red tape, in my opinion, to support FEMA in the temporary housing mode by identifying sites, assisting them expediting any permit issues, if any, to help work on that, but that is a state and federal mission, typically tasked out by the Corps of Engineers and their contractors. Again, I hope to have a briefing on that later this afternoon to find out where the state is. I know that the assessment on the east coast in terms of number of housing units remains a phenomenal number as a result of that very intensive storm crossing the state. I know that our numbers for power restoration and system recovery far exceed what's going on in Broward and West Palm Beach right now. So, again, they have taken a substantial hit. I want to remind everyone once again that we have the blue roof program. We also -- but we have changed the terminology to match the phone number, and that is if you need assistance with tarp, FEMA and its Corps of Engineers partners require you to sign a right of entry agreement that allows the contractor to come on your property, and very quickly they come to your site and put a tarp over your roof and Page 23 November 1,2005 move on. That's all they do is just secure that roof, assuming it's structurally sound. They have some restrictions on that. It's important that if you need that program that you dial 1-888-ROOFBLU. That's 1-888-ROOFBLU. And also, you know, you can do -- you can go to FEMA. gov on line and sign up for that program or go to one of our many advertised sites and register and sign that right of entry agreement. We're expanding the sites today. We'll advertise that as where it's most convenient for folks to go in various neighborhood centers and sign those forms for relief. It's important that everyone register with FEMA disaster assistance, the 1-800-621- FEMA, regardless of your need, because FEMA wants to have a good ground capture of information so that they can help local governments in short-term and long-term needs and short- and long-term disaster recovery and mitigation programs. So regardless of your extent of need, we would appreciate you registering with FEMA so that they can, again, have a better picture as to the entire situation within the county. That may mean future dollars for Collier County in emergency planning and mitigation efforts for the future. So we encourage everyone to do that. Today's operational goals, all of the agencies and partners will meet in the emergency operations center at 10:00 a.m. A goal today is to make sure that we've got continuity in our operations. We have a very down-sized EOC today, but most of the work is going back to everybody's respective desktops. So they're still working on disaster, but just, they're not physically present in the EOC. So our goal is to ensure that we have an operational continuity today, that we're addressing the problems and plans that we had set forth yesterday and the days before, to make sure that we're making appropriate referrals to those disaster victims and get them plugged in to various resources that are available within the community. We have a large number of assets that we've both borrowed and Page 24 November 1,2005 rented for the storms, so we want to make sure we get those goods and materials recovered. We will monitor weather conditions very carefully through the week. As you know, all of our infrastructure is a little bit -- still in the process of being stabilized and trying to bring back some enhanced reliability to our system, so we'll watch weather very carefully and make sure that we're poised to respond to any additional outages or any additional challenges that Mother Nature might bring our way this week. Fortunately, the forecast looks like one we can weather pretty well. Accidents and injury. EMS has just now started to see a slight return to their very, very busy schedule, very, very busy call demand, so we want to stress concerns to reduce accidents and morbidity in the community and remind everyone, please slow down just a little bit. There's lots of infrastructure to repair, lots of traffic lights. Remember we've got school zones back in place. Pace yourselves on the chain saw operations and those things. You've got time now, and the weather's cooled off a little bit, so let's all pace ourselves and safely get through this. We'll continue to address sanitation at some of the emergency feeding sites working a lot of garbage that we've got -- a lot of systems that we have in place for at the feeding sites to make sure all that waste and sanitation is addressed. We've got great teamwork going on on that. I understand that Lieutenant Governor Jennings is going to be in the area today. Her office is not coordinated with the EOC, so we have not been tasked to assist her in her visit in any way. I don't know if she's going -- I understand she may be going to Immokalee and Ochopee today, and she's not made any resource request from us in that visit. And before I address your questions, let me just tell you that my voice is hoarse. Everybody's running a little bit closer on fumes today, Page 25 ".,....,.~".,,_. November 1,2005 but everybody has a great deal of job satisfaction for a job well done. We don't mind the hard work. That's what we're here for, but we're going to have an extended presence in the EM offices, 7:00 a.m. to 7:00 p.m. -- I'm sorry, 7:00 a.m. to 6:00 p.m. We'll be scheduling our staff accordingly so they -- some of them have damages to their homes, so we're going to try to spell them a little bit so they can address their needs. But we have a continued presence, a continued operation. There is no sunset in sight for the EOC in terms of the issues that we'll be working on, but I will tell you that we're making good progress in all areas, and I'll also tell you how much I appreciate the teamwork of Collier County, the municipalities, the volunteer agencies that worked with us. And I'll tell you what, just a darn great bunch of citizens in Collier County that stepped up to the plate to help us, to help their neighbor, and it's amazing. In my opinion some days if we could do regular business as well as we do disaster business, we'd all be in super shape. But I'm very proud to have been here and very proud to have worked through this event and continue to work on it. So I'll stop and see if you have any questions. CHAIRMAN COYLE: Thank you, Dan. Commissioner Coletta? COMMISSIONER COLETTA: Yeah. First off, Mr. Summers, I want to commend you and your staff. If it wasn't for your leadership, I don't think we would be in the favorable position we are today. As you know, I've been involved with emergency management issues for many more years than I've been a commissioner, and I've done a lot of research. But it's unprecedented to come out of a storm of this magnitude and have so little, next to zero, complaints our there on the part of citizenry as far as the action of our county employees go and, of course, your team. It's just a wonderful thing we've been able Page 26 November 1,2005 to do. And I do have some things I'd like to cover with you, if I may. As far as the lack of the use of emergency shelters at this point in time, I hope that people don't think that's an indication that there isn't a real need out there. There is a tremendous need. The citizens of this county have done the unusual. They've opened their hearts and their homes, and they've reassimilated a number of people from these shelters who are homeless into their own homes. Now, I know that we're going to have a problem obtaining these FEMA trailers in the short run. Meanwhile, I understand that FEMA does have some programs where they'll put people up in rental units in different places and cover the cost on that; is that correct? MR. SUMMERS: Sir, the disaster assistance center is when individuals come in and make application. There are a number of programs that FEMA has that are, again, somewhat income dependent, obviously. They'll be working on that. But as you know, we have just general housing challenges in that rental market so that it will be tough for them. We continue to push out the need for the temporary housing program. So no doubt in my mind that they will address that need, that a lot of those things will come forth. Those individual assistance grant programs should be those -- that is a -- it's a process that goes very quickly in terms of providing some type of financial assistance for rental. I know it's moving, I just don't have numbers yet. COMMISSIONER COLETTA: No, that's okay, sir. I'm sure it is moving forward. I just want the public out there to know that there's other alternatives to the trailers. MR. SUMMERS: That is correct. COMMISSIONER COLETTA: But speaking of trailers, there's question for two parts of the community. One, Immokalee Fire Department is awaiting some deliveries of office units to replace the fire station that was severely damaged. And, of course, down in Page 27 --.-< November 1,2005 Everglades City the city hall is no longer habitable. It's been condemned. And they're looking for a couple units, two, to be able to operate city hall functions out of. Do you have any update on that? MR. SUMMERS: I do, sir. That is -- the Everglades City as a municipal unit will -- they will be responsible for their own contracting for that. But we did identify a vendor and a source for them. They are -- they are in a -- they have floor plans that have been faxed to them. It would be incumbent upon the city as a governmental unit to make the arrangements with the vendor and have it there, bring it on site and coordinate that. And of course, that's a FEMA-eligible reimbursement for that rental. So it's just up to the city to make that financial arrangement. That is not done through our governmental unit, can't do it through our governmental unit. It has to go through the Everglades City governmental unit for that contractual relationship in order for their reimbursement to take place. COMMISSIONER COLETTA: And I'm sure the county manager will assist. Right now Everglades City government consists of one or two people trying to pick up the pieces without phones, without computers, using their own personal cell phones to try to conduct business. So we are going to have to rely on some of the resources of our county government just to be able to keep this flowing forward. The other thing -- MR. MUDD: Commissioner, if I may interject. Those trailers were identified on Friday. All Sammy has to say is he's paying for the trailers and they'll be there in two days. So far we haven't got a decision by him to work that particular issue as far as the trailers are concerned. COMMISSIONER COLETTA: And that generally is nothing more than putting up the money now and getting FEMA reimbursement later? MR. MUDD: Yep. Page 28 ---., ',.'" -"'-'-'.,~.,.",,--"-,_.",--,-~. November 1,2005 COMMISSIONER COLETTA: Okay. I'll talk to him about moving that along. There is a need though -- and I'm going to put this out to -- I don't know if it's so much you, Dan Summers, but to the non-profits out there. We have a situation in Copeland (sic) which is about the end of the food chain, you might say. It's pretty desperate. As you mayor may not know, Copeland is a community that consists of a lot of substandard trailers that was decimated by the hurricane. It suffered tremendous losses. A lot of full-time residents there are homeless and doubled up with other families within the community. There is a need there for such things as diapers, sanitary napkins, handy wipes, formula, toiletry items, shampoos, soap, or whatever. Anyone that can help out with these particular items, if they would take them to the Church of God in Copeland -- or no, excuse me, correction. Copeland has got it together for the moment. I'm talking about Chocoloskee. Please, Chocoloskee needs the help. The Church of God in Chocoloskee, if they could deliver the items there, it would be of immense help to the residents that are still there and trying to make do with what they have. And the other thing is at 10 o'clock we have -- you have that meeting down there in your operations center. I hope that our chair will let us take a brief break so that we could attend that meeting. I'm very interested in what takes place there. MR. SUMMERS: Very good. The Immokalee Fire, sir, I failed to respond to that question. And the Immokalee Fire, I had actually a FEMA rep. on site. They were doing well. They've made provisions for those trailers. I do know that the trailers have been identified and are inbound. I don't know exactly what time they will be set, but we may __ between our mutual aid agreements, Lee County Firefighters Page 29 "....._.__._-".-_.~._._-,.-- November 1,2005 Association helped out, gave those guys some relief. Hot meals were brought in there, we got some extra supplies and equipment in there. I'll reassess that today, but I do know that those arrangements are being made. COMMISSIONER COLETTA: And one last note, the Golden Gate Estates Civic Association has a disaster fund for residents who live in Golden Gate Estates that are in need of assistance. They're going to be looking for donations to that fund, plus they want to identify needy families out there that have suffered from this hurricane. They could use some financial help. And to that end, if they call my office, we'll be glad to assist them to get to the right people. And my number is 774-8391. MR. SUMMERS: Thank you. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: Yes, Dan, I take it that Isles of Capri's grid system has been reestablished? MR. SUMMERS: That is correct. They got power early. FPL was able to work out an alternate feed arrangement there. So I understand there was a cookout, as a power on cookout, was done the other night. So things are moving pretty well there. COMMISSIONER HALAS: You made reference to the fact that there was 40,000 homes that were destroyed by this storm. What was the devastation that we experienced here in Collier County? Do you have a number on that? MR. SUMMERS: No, sir. Well, I do have some rough numbers for you. If you'll let me get to the right page here. Commissioner, there was 40,000 mobile homes being requested as a result of the impact of Katrina, and that was Mississippi, Alabama, and Louisiana. COMMISSIONER HALAS: Okay. I was under the impression you said 40,000 in South Florida. MR. SUMMERS: It's not Collier County. No. I'm sorry, I stand Page 30 November 1,2005 corrected. Forty thousand is the demand that FEMA is estimating to be drawn out of travel trailers or mobile homes for Katrina, not Wilma. COMMISSIONER HALAS: Okay. And how many travel trailers or mobile homes have we requested from FEMA? MR. SUMMERS: We have requested a full state mission. And the number currently being used is a number that is -- combines the number of destroyed homes in Collier County and the number of combined destroyed mobile homes in Collier County. There were 622, give or take a few, destroyed mobile homes. There were only destroyed homes; however, FEMA will take a look at those with major damage, so that additional assessment. It is my estimate right now that the state is probably looking at 800 to 900 temporary housing units for Collier County. Now, what their challenge is -- and this is not a defensive posture, but just so you'll know, that that mission is done on a statewide level. They're still assessing today Broward County and some of the inland counties, West Palm Beach and those areas. So they are probably -- unfortunately, we're ready for them, but they don't have any material or resources to bring to us. So I suspect they're waiting to get some type of broad estimates from the other counties and make a determination as to what those needs will be. I think that's unfortunate on their part to wait on the other counties for a large deployment of these temporary units, but I'm working that situation hourly. MR. MUDD: Commissioner, if I could-- COMMISSIONER HALAS: My last question -- MR. MUDD: If I could interject a second. COMMISSIONER HALAS: Oh, I'm sorry. MR. MUDD: And Dan just talked about 40,000, and the number here and then the Broward and Miami/Dade. The 40,000 number from Katrina and Rita, it's basically more mobile homes than America Page 31 November 1, 2005 makes in a year. So this is going to be an interesting time for -- and that's basically a requisition that was made for hurricanes earlier, and now our requisition will come in and only compound that. So I believe FEMA's going to have to make some other arrangements in their kit bag in order to resolve the issues from Wilma. That's just my take on it. But I don't think the trailers are going -- the 8,000 that were up in Charlotte County have already been moved to the Panhandle and are moving to Mississippi, Alabama, and Louisiana as we speak, because I thought there was a hold on 8,000, but they had, two weeks earlier, had been poofed, prior to Wilma. So we're going to be waiting for a little bit unless they come up with some alternative ways. And Commissioner Coyle and I were talking about rental of existing condos and stuff like that in the community in order to get some things resolved. So we're going to have to be creative as we try to get through this and get over this hurdle. COMMISSIONER HALAS: I have one last question. I need a little more clarification. You mentioned a FEMA number to call in case that you incurred damages, even though you're not going to turn this in to your insurance company, because a lot of us now have huge deductibles. MR. SUMMERS: Right. COMMISSIONER HALAS: Could you give us that number again and the reason why, again, that you need to call this in to FEMA even though you're not going to -- MR. SUMMERS: Right. Regardless of your particular need or eligibility, it's important that you register with FEMA, and that's 1-800-621- FEMA. And what that does is gives FEMA an accurate picture of -- or an additional database, if you will, of the impact of this particular storm on the community. What that does is it indicates to FEMA headquarters just exactly Page 32 November 1, 2005 __ sort of validates what emergency managers are telling FEMA in terms of impacts to the community, the number of households that are affected and to what degree. So as their disaster -- post-disaster funds put aside, possibly even mitigation opportunities where we can have FEMA grants to make our community more disaster resistant. The more folks that register, the greater indicator that FEMA has of how this storm affected our community. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. Well, I just wanted to say, I think the reason we were so prepared was because you never sent out alarms. What you sent out were alerts. MR. SUMMERS: Yes, ma'am. COMMISSIONER FIALA: And that was so important, because I think people, you know, disregard alarming things any longer. But when you're alerting them -- and you did it so efficiently and you were so organized, I was so impressed. Every time I would come over, everything was just running like clockwork. And I wanted to say that your people were all extremely responsIve. MR. SUMMERS: Thank you. COMMISSIONER FIALA: And so you have really, really shown Collier County and really the State of Florida how an emergency situation should be handled, and we all really appreciate that, Dan. MR. SUMMERS: Thank you. I appreciate that. And, again, I'm just part of a great team. Mr. DeLony, I believe, had some debris comments. CHAIRMAN COYLE: Wait. I didn't get my chance to talk. MR. SUMMERS: Sorry. CHAIRMAN COYLE: Okay. Dan, I would like to make sure that you convey to all the members of your team and all of the Page 33 November 1, 2005 volunteers and the people that helped you the appreciation of this board for the fine job that they have done. This has been a very self-reliant community. Everyone was working together. But there had to be a nucleus around which they would work to coordinate their efforts, and that was you and your staff, and you really did a fine job. And I just want to make sure everybody understands how much we appreciate that. And the public needs to know that you are continuing to work and you will continue to work until you get all of the problems solved, because although we have 95 percent of the power restored in Collier County and we've made great progress on the other things with respect to recovering from this disaster, for those people who still don't have power and who still don't have water and who have damage to their homes, it is still a serious situation to them. MR. SUMMERS: Absolutely. CHAIRMAN COYLE: And so that's the reason you're working, and they need to understand that you're going to continue working until we get their needs met. Now, let's get to a couple of things that relate to FEMA. I believe we've gotten fairly good cooperation from FEMA throughout this entire process. And I don't want to be too harsh, but the idea that they will not provide temporary housing support for the people in Collier County because they haven't figured out what the needs are on a statewide basis is fundamentally stupid, and I would like to see what we can do to change that policy. Now, I appreciate that they want to aggregate all of this, but that doesn't make sense for the people who need the housing and need the support. We need it now. I'd like to find a way to get it now. And if we can -- we can accomplish that by going to our legislative delegation, I think we should do it immediately. And if we need to go to the governor to get some additional emphasis on that, I think we need to do that also. Page 34 November 1,2005 The issue that I think you're going to speak to very shortly about the debris removal is another one that I'm very, very concerned about. The idea that FEMA has to make some decision whether or not the debris would be otherwise covered by insurance delays our ability to clean up this county and probably delay it by months. Who knows how to sort all that stuff out? But yet, our reimbursement depends upon FEMA making those kinds of determinations. The first priority should be to get this county cleaned up. And everyone in this county pays federal taxes, as far as I know, and that's where this money from FEMA comes from. FEMA should be prepared to provide it to the people who pay the taxes in order to help them get the county cleaned up. And we're ready to go right now, and I'd like to see -- and I hope Jim DeLony's going to provide us a detailed discussion of that. But one final comment in case there are a lot of residents who haven't heard this before, because the entire commission has been sensitive to this problem from the beginning. This particular disaster will fall primarily on the backs of the residents of Collier County, not on the insurance company. Because so many people suffered widespread but not catastrophic damage, their deductibles will not be exceeded because the deductibles are so high nowadays. The deductible on a median price home in Collier County is $10,000. So unless you suffered more than $10,000, you're going to have to pay -- well, you'll have to pay the first $10,000 out of your own pocket, and that's a serious blow for people who might have had the good fortune to see their homes appreciate in value over the years, but that doesn't mean that their incomes have appreciated at the same rate so that they are not prepared to pay those huge sums for recovery. The last thing we need is for FEMA to start hassling us about what is covered with respect to the cleanup and what is not. So we need to simplify that process to some degree, and I guess you and Jim Page 35 November 1,2005 can work on that. MR. SUMMERS: And, Commissioner, let me tell you that I have worked so many of these events. Collier County has followed the rule book that FEMA has published to the letter, and in many cases, exceeded minimum standards. Mr. DeLony is going to share with you our everyday challenge in the interpretation of the fine print. And, unfortunately, my partners at FEMA, and I stress partners, continue to challenge with -- continue the challenge of interpretation of the fine print. But that fine print has big impacts on Collier County, just as it did -- we're no different in that discussion as Charlotte County went through with Charley a while back. I hope that we can do it quickly, expedite it. There's a lot of cost benefit for getting the job done, and then go back and we'll get back on the negotiation floor as needed. I think, quite frankly, that this is where FEMA continues to be stymied in its level -- at the federal level and continues to be stymied at the OMB level as well, so we're working through that as hard as we can. CHAIRMAN COYLE: Okay. Thank you very much. Commissioner Halas? COMMISSIONER HALAS: Yes. County Manager Jim Mudd and Jim DeLony, in regards to this FEMA, we went through a process, I believe, where County Manager Mudd -- basically I thought we had that pretty much solved in regards to taking care of -- taking care of matters in gated communities, and that there was -- that FEMA was going to basically readdress the issues of addressing the debris pick-up in gated communities. Now this morning I'm hearing mixed signals. So I'd really like to get the true answer out here, because I've alerted some of my gated communities in regards to what they're allowed to do, and what was -- I was under the impression that we could take and move the debris in an area of those gated communities to be picked up by FEMA or to be Page 36 November 1,2005 picked up by our debris contractors, and we were going to be reimbursed by FEMA. Now I understand there's mixed signals in this, and I'm -- County Manager Mudd, I thought that you made it pretty clear to the FEMA representative exactly that we had a letter and we were going to abide by the rules here. MR. MUDD: Yes, sir, and I have that -- and I have that letter here. COMMISSIONER HALAS: And so what's happened? MR. MUDD: Mr. DeLony will give you a briefing on what's going on, and then we'll get to that particular issue. It's supposed to go curbside. The issue that we're talking about is when a community decides to consolidated or aggregate the pile into one big one on their street or in their complex. And so the question comes, how did it happen? How did that go there? It wasn't an individual dragging it by a person. It was taken there by a machine; therefore, it had to be from a contractor or a landscaping firm, and that's where you get into the issue. It's supposed to go curbside. It's supposed to be in manmade totable pieces so that it doesn't get into that issue. But we'll go to each one and let Mr. DeLony talk about that. MR. DeLONY: Thank you, Mr. Mudd. Commissioner, if I might, I'd like to address your question following my presentation, and at that time, both yourself and the other commissioners will have a full scope of what we're talking about, and maybe the answers that I give you, sir, will have more meaning at that time, if that's suitable to you, sir. Is that okay with you? COMMISSIONER HALAS: Sure. MR. DeLONY: All right, sir. Let me just go through this. Before we start, I just wanted to -- I have Mr. Mattausch here from the Water Department. Page 37 -~.'- ._~._..._---_.,. November 1,2005 Paul, could you stand, please. And Mr. Yilmaz from the Wastewater Department. We're back in business, been in business, stayed in business. And as far as that recovery effort, we're back, all but 13 lift stations this morning. We've moved over a hundred million gallons of sewage throughout this event. We've had very limited spills. We have had no outages of water other than locals associated. We were able to help our sister City of Naples significantly, both in manpower and product, and I'm very proud of these two men and their compartments, and I just wanted to have them here today to answer any questions you had about that before I launch into debris so they can get back to doing what they always do, and that's provide superb customer service to our county and county utility customers. So if there's any questions of them, I'm going to let them get back to work. CHAIRMAN COYLE: Any questions? (N 0 response.) CHAIRMAN COYLE: No questions, but a whole lot of congratulations and appreciation. Thank you very much. MR. DeLONY: Gentlemen, go back to work. COMMISSIONER HALAS: I'd just like to say that these gentlemen worked hours on end to make sure that the citizens here in this community -- and when I say this community, I'm talking about the City of Naples and all of the unincorporated areas of the county. We're taken care of in the height of storm and after the storm, and I really appreciate all their effort and their staff effort, that were the people that were behind these particular two gentlemen, were there on the scene working diligently through the hours, and we want to thank you very, very much for all the efforts put into this. MR. DeLONY: Thank you, Commissioners, thank you. Now, go back to work. Page 38 November 1, 2005 CHAIRMAN COYLE: And it's also important that everyone understand the role that you played in helping the City of Naples. The cooperation was just wonderful between the City of Naples and the county. And people need to understand that when the city was having its water problems from the very beginning, the county pitched in and interlinked with the city water system and force-fed initially three to four million gallons per day into their system, and ultimately wound up providing five to six million gallons -- MR. DeLONY: Actually, seven to eight, sir. CHAIRMAN COYLE: Seven to eight million gallons per day, which was of great benefit to the city, and they have been very appreciative of that effort. They have recognized that publicly, and they are very appreciative of the cooperation of the county in doing that. You're to be commended for being able to do that, as a matter of fact, during a disaster such as this. Thank you. MR. DeLONY: Sir, it was a team effort, as Dan has said, of real estate people, our contracting function and other functions. Clerk of Courts plays a role in it as well. And I'd like to make sure that they are -- that we're on record in recognizing that team effort by all the neighbors, IT. You know, I don't anything. I don't use a radio or computer. It doesn't happen because of utilities division, sir. It happens because of a county staff that's focused on providing delightful customer service in every respect. And so I just wanted to take a minute -- I know I'm going to get beat up here in a minute, so I thought I'd bask in the sunlight for a moment. I know my day's coming here. CHAIRMAN COYLE: Well, the basking's all over now. Let's get to the hard stuff. MR. DeLONY: Thank you, sir. I want to start by a little example of what we're talking about. In front of you, Commissioners -- and I hope the camera can pick this up for the folks at home. Page 39 .-.,--..«" November 1, 2005 By the way, for the record, Jim DeLony, Public Utilities Administration. CHAIRMAN COYLE: It's -- Jim, it's camouflage so no one's going to be able to see it. MR. DeLONY: No, sir. That's debris. We didn't want to bring a pile in today because FEMA wouldn't probably reimburse us for it. But in front of you is essentially a cubic yard of debris. That's what a cubic yard is, and we're going to be talking about cubic yards today. And I thought it'd be worthwhile to see what one of those look like. That's a cubic yard of debris, and that's our challenge. And we're going to talk about moving those cubic yards of debris our of this county, not into our landfill, out of this county, maximizing FEMA's dollars in doing it, and providing excellent service to our customers, and that's where we're at today. So with that, let me go to some slides, and I'm going to talk to you in terms of what we're going to do and how we're going to accomplish it. This is a six-phase operation. We are now in phase three dealing with recovery and removal and reduction. Phase one, pre-storm preparations, whereby we committed -- we went out and got competitively bidded contracts for staging and debris contractors. We have those contracts in force. A monitoring contract, which we have in force, and I'll provide you those details. And all that was done before the hurricane came. When the hurricane came in, we began this response phase. We linked up assets from the contractor and from the Florida Department of Forestry in our transportation division, and we were able to have mobility teams embedded in fire departments and were first responders to open up routes for first response and begin our recovery operation, and that was very well done by all. Phase three, where we're at now today, where we started -- Page 40 November 1,2005 actually it started -- actually it started five days. We're eight days from the event today as we stand, and we're five days into phase three. Phase three consists of recovery, removal and reduction of debris from our county. Phase four will be that last pass, and I'll speak to that a little bit in a minute. Phase five is that all important close-out that deals with the financials, both from the state and FEMA. As you know, our partners are FEMA and the state with regard to this operation, but all debris removal operations are under the control of Collier County. Weare not using the state or FEMA to control those operations. We just want their money. And finally phase six. There always is a phase six where you have to go and fight over what you didn't do and how you did it. We're trying -- we are starting out this operation with the end in mind that we will have a clean close-out, that we will not have an appeal, because we're going to follow the guidelines to the letter, to the strict letter. Now, I'll need some help on that. I know Commissioner Halas is sitting there ready to pounce on me on that one. So if you will, sir, I hope that I can answer your questions, or as directed by your -- by the board, through County Manager Mudd, we can do something different. There it is. There's our scope of operations. It's about a million is what we're estimating today, thereabout. That's all I can tell you right now. I've got four or five estimates from FEMA, from my contractors, from my staff. I'm settling on a million today. That's a moving target. As we know more, we'll do more. The estimate's not as important as to what's going to be the actual, but that's where the cha-ching is on the cost. But to give you an idea of what we're talking about, I've got a million of these boxes to move out of this county. We've divided the county into 58 debris working zones, and wec Page 41 November 1, 2005 have four temporary debris staging sites listed on this chart. Three of them are in operation currently. One will come on line today, and that's the one at the Immokalee Airport. We will begin grinding operations at these disposal sites. Right now you go out there and see a big pile of these boxes, okay? And we're going to start grinding those down, and then hauling out that grinded material in hundred cubic yard trucks to Okeelanta where they're going to be -- where it's going to be used as fuel for a power electric plant out there. But the bottom line of it is, we'll have grinding starting next week at these disposal sites. I'd like to take a moment if I may, to really tell you how much I appreciate Ray Baker. I called him at home late one night and said, I need your help. And he said, what do you need? And I said, I need to use your land just west of your Manatee school, and I'm going to use it, and I'm not going to -- I'm going to be a great neighbor, but I'm going to -- it's going to be bad with deconflicting with school buses and trucks and all that stuff. He says, Jim, take it. Let me do what I can do to help you. And, sir, that's been the attitude across the board from the schools. And I know Dan's talked about that before, but I wanted to put the plug in. He did tell me he wanted to get that in Naples Daily News. I'm not going to commit to that, but I did want to come on the public record and tell thanks to Ray. We will be a good neighbor, and that is an area of concern and deconfliction for us and the sheriffs office, which we have coordinated. But these are underway, and that's where it is. And that's where the trucks and traffic are going to be. And Mr. Feder and I will work with that, as well as the sheriff, to make that happen. We get about -- every -- a truck moves into these sites probably on a cycle of every 30 seconds to one minute once we get up in full operation. So it's going Page 42 November 1,2005 to be a lot of traffic and a lot going on in these four areas, and I hope that the public will be patient with us as we work that problem. Here are the resources we have in hand, sir . We have a monitoring contractor we had on staff -- on contract before the event. There are the duties and responsibilities of the monitoring contractor. Very important that everything we do have a third-party check of where it comes from, what was the source, how it was moved, was it -- to determine FEMA eligibility. Now, that's not the most efficient way to do it. The most efficient way to do it, and I think you said it Commissioner Coyle, is go clean up the county. FEMA policy is not structured that way. And the self-reliance that you spoke to is part of that policy. So finding that fine line between county doing it and federal government doing it is where we're at. And what we have there is a monitoring contractor. It's fascinating the data we have to generate with regard to one single truck to make it -- to put it into our production factors. Our debris removal contractor is AshBritt Environmental. These are their specific missions. Let me just update you where they are today. We -- again, we are on day five of our operation, eight days from the event. To date, sitting here this morning, as of 1800 last night, at six o'clock, we've removed about 50,000 cubic yards of debris already. Fifty thousand of those boxes have been removed from the streets of Collier County. And we are currently on target to make a daily correction (sic) -- we're going to daily -- we're shooting for a daily collection target by the 1st of November, that's today, of 25,000 of those boxes moved every day, and then we're going to ramp up by the middle of this month to move 50,000 of those boxes every day. Today we have 190 trucks on the road under our control, with 70 work crews working in conjunction with those. And the monitors in Page 43 November 1,2005 behind them. Essentially, the bulletproof requirement from FEMA so we get full reimbursement is essentially I have to be able to monitor every single truck and every single load. If you want to know what the standard is, that's it. And we have to have the accountability to do that, or you're going to have to fight or not get reimbursement. But the discussion with Mr. Mudd and Mr. Summers last evening, we're looking at and it's pending -- and I'll just brief you because I'll be back to you on this -- retaining James D. Witt & Associates to help us with the long-term assistance and recovery program and help us with oversight and begin to wrestle some of the things, Mr. Coyle, that you spoke to earlier about FEMA -- why does FEMA feel this way. Well, Mr. Witt and his folks can help us with that in explaining it to us, and in turn, help us take our case forward effectively, I believe, to the FEMA coordinators and help them. Now, I want to talk -- speak to them because they're on our charged resource. They are a resource. I've been in 12 of these things. Dan and I have got, I think, a half a dozen between the two of us that we've worked together. This has been the best cooperation I've ever had from FEMA. I asked them to come, they came. I asked them to stay, they've stayed. I asked them to go someplace and make a call, they do it. So it's not that kind of a problem here locally, but they can only take us as far as their policy allows them. So the problem's not locally. It may not be even at the state level. We have a pre-application meeting on Thursday with the state and the FEMA -- people from the State of Florida will be in Collier County on Thursday. A lot of this policy will be discussed then. I don't know if our problem's there. I suspect that it's going to have to go higher. And so one of the things that I've spoken to Mr. Mudd about was maybe we want to get some help from the folks that are really good at Page 44 November 1,2005 this, really good at this, and have the right resources. So I'll be back to you with that recommendation after we've negotiated that proposal. But those are our resources, and I do believe FEMA is a resource, at least locally, with regards to our efforts. They do feel our pain, sir. They really do. Here are the financial aspects. It tells -- it's pretty self-sufficient of what our goals and objectives are with regard to finances. We're going to be having on-site one-by-one calls made by FEMA to ensure that first bullet is met. In the aggregate, we're talking somewhere between 300,000 to 700,000 per se in terms of generated expense. This is going to be about a $30 to $40 million event. We spread this out till Christmas. You're talking that range of expense every single day. And so the financial aspect of this is very important. These are lots of money. I told my staff, these are two water plants that we're going to spend over the next 60 days and that, therefore, we've got to make sure we do it right. Three hundred thousand to seven hundred thousand today, Mrs. Fiala. I saw you looking. We're going to spend that today moving those boxes. And there's more to the boxes. There's stumps, and, you know, there's a lot of stuff. But I just wanted to give you a feel of the scope. Doable, doable. Challenging, for sure, but doable. Okay. Let's move on to the next chart now that I've really got your attention. MR. MUDD: Let's talk about -- let's talk about financial for a second, while we're still sitting here. We all know that the FEMA reimbursement doesn't come for a while after the event is over. That 20- to $30 million will draw down your reserves to about zero, okay? So just so you know, this particular operation in getting it cleaned up and reimbursing people up front to wait for it to come later on from FEMA is going to be tricky. Now, when Senator Martinez was here, he did mention that he Page 45 November 1, 2005 had a bill passed in the Senate, and it was in the House, and it basically says that within 60 days, FEMA's going to come up with half of it. That will certainly help us to at least get our reserves where they need to be so we can get on with the rest of the year. But I will tell you, we are going to dip -- dip deep into our reserves in order to get this done. I mean, we've got about 18 million in the general fund, you've got about six in your landfill closing fund, and then we'll dip into everybody's reserve and keep track of that with the clerk's help as we go through this process, and then go into the reimbursement side of the side. But I'd just let you know, we are going to be cash strapped here for a little bit of time as we go through Christmas. MR. DeLONY: Okay. And the project manager for finance is Mr. Tom Wides. Tom, if you'll stand up here. I want to make sure you know who your project manager is, and he'll be leading the financial aspects of this operation. Thank you, Tom. Customer service. There's been a lot of talk today, and I appreciate what you're doing personally and as a board to get out to the customers information. It's been wonderful to date, and we're going to keep that same standard of excellence for the next 30 to 60 to 90 days in this particular mission. Here are our ends, ways, and means with regard to it. We're going to use our 403-2380, your normal utility billing number, as one call gets it all with regard to debris matters. We're not going to set up anything special. We're going to vet it to numbers that people know. We're going to use our normal billing services number, and that way, I believe, I can bait the best guess, and I have the right technology to track all of this and train people to do it. We're going to have to work, I'm sure, significantly with definitions of what is private, non-reimbursable within our gated communities and on our private roads. You gave us an excellent tool Page 46 November 1,2005 on the resolution side that you will bring into effect to ratify today, that Mr. Coyle signed on Friday in terms of what is reimbursable from this board's perspective. And again, we'll work very hard to explain and to coordinate and -- as well as satisfy people's concerns on reimbursement. We'll do all the right things with regard to investigating and documenting and processing any property damage claims that come to us. We had -- I had one yesterday from one of the commissioners that looked like we got out there, and when we picked up the debris with the large claw, we got into a gentleman's irrigation system. We will fix that. That's going to happen. We're going to lose a few mailboxes; I'm sure, despite all our best efforts. And I'm going to ask that you work with me on those, but I want to assure you and the public, we're going to address every one of them, and we will put it back right. It may take us a while, but we're not going to let you get lost in the jumble. Please have faith that we're going to respond to your needs. And I know with this commission that I will be told clearly what you expect of me in that regard, and I am very pleased to do that. Mr. John Y onkowsky is your proj ect manager. I think everyone knows John and what he can do for us, and I want you to have trust and confidence that we will stay in touch to serve that customer. We're doing it today. This is one of many public outreach opportunities that we will take advantage of to tell our story and to spread the word on how we're going to accomplish this very challenging mission. There's already been a lot in the press. There's already been a lot on the news. Some of it not as accurate as I'd want, but certainly it's out there. People are asking. We had a thousand phone calls yesterday into our call center. By far, the majority was, when are you coming and are you going to do it. And we're going to answer those questions both through our customer service as well as our public Page 47 November 1,2005 outreach. Here is our plan. We plan to partner with everyone who will partner, has an access list. Ms. Margie Hapke, if you'll stand, please, is your project manager on this issue, and she will do it. Let me just tell you what the county manager's told me. He said, by 1 December -- and I think we've already put this out -- we want everyone to bring it to the curb. Get it to the curb 1 December. Don't hold it back. And I think that's been done. I think you can tell going around the community, because of the weather and whatever, and the fact this is a self-reliant community, there is a lot on the curb. Lastly, he's told me that he wants this through by Christmas, and to do that, it's going to take a lot of work, a lot of cooperation from the public getting it to the curb and working with us and getting through there. It's not going to be a comfortable -- the debris piles are large. It is hazardous at times. I've got the fire folks looking very closely at fire hazards. We will address those as we go through. All of our debris sites, for example, we've put fire suppression systems there in the form of hydrants and so on. We're going to do that right, safe thing, but it's going to require all of us to be very safe as we work in and around these piles and, therefore, this public outreach is very important to that safe and sure operation that we all want and desire to have, and have our county ready for Christmas. I think that concludes my briefing with the exception of your questions. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. Do you have a collection schedule identifying daily areas of collection? MR. DeLONY: Ma'am, we will. We're going to have -- we have 58 areas, and what I'm planning right now is to try to get worst first, in some degrees, but make high impact as we go. And within the week I hope to have up on the web a map that Page 48 November 1,2005 says where we've been and where we're going to go and when we're going to do that, and then we will continue to work to that kind of finite definition to the public on what to expect and when to expect it. COMMISSIONER FIALA: I think that it would be just great public outreach, a really good PR move, and it will calm people down if you had a daily schedule of areas that you're going to be in, not only on a website, but for those people that don't have a computer or don't know how to get to a website, if there could be something printed every day in the daily news so that they can open that paper, and in the local section, debris removal from Lakewood today, you know -- MR. DeLONY: Okay, yes, ma'am. COMMISSIONER FIALA: -- or whatever, so that they have something to refer to. I think it would be a great public outreach, PR move. MR. DeLONY: Ma'am, we will look carefully at that and evaluate that, and we will do our best. But I think that that's exactly where I want to go in terms of find out -- and I believe we can do it, yes, ma'am. We will look carefully on how we're going to do that, keep you posted, by the way, when we do it. CHAIRMAN COYLE: Commissioner Halas? MR. DeLONY: Okay. Is it my turn now? COMMISSIONER HALAS: Yes, sir. As you know, there's a number of gated communities throughout Collier County, probably more so in District 2, but I think every commissioner has gated communities. We need to know exactly -- we need to know exactly what is going to be reimbursable, what these people need to do in these gated communities, and also, are you going to, some way or another, get a broadcast out to them to let them know that a week before or the week that you are going to pick up the debris, they need to have their gates open in order to -- so that we respond to their needs, and make it very clear that they're not supposed to move the debris to a centrally Page 49 November 1,2005 located pile. Because I think this is what a lot of these gated communities are doing because they just would like to get this stuff off of their streets. I mean, everybody would like to get it off of their streets. But we have to make it clear that they cannot move this debris; is that correct? MR. DeLONY: Well, let me answer. You had about four questions there, and let me start -- COMMISSIONER HALAS: Yes, I do. MR. DeLONY: I don't know where you want me to start, but let me see if I can do it, okay. First of all, it's important that -- what's important is that we know where it came from. And the best way to do that is for it to remain in place on the curbside of the right-of-way from the property in which it came so that FEMA folks won't have a problem, that we're not doing land clearing or other non-reimbursable activities with regard to that debris. So that was the first thing we've put out, and that's it. Second thing is, with regard to notification of gated communities, Mr. Yonkowsky has already got appointments with many of the managers of those gated communities -- we started that two days ago -- to go on site and do exactly what you asked us to do on a one-on-one basis with regard to the public service announcements of when and where. I think I answered that with Commissioner Fiala's question. But in those one-on-ones with those gated communities, making those individual calls, sir, we will make sure that we tell them, here's your window that we're going to be in here. Now, it could be --let me just tell you now, it's not going to be, we're going to go in there one day and that's it. It's probably going to be a week or longer, depending on how much debris is there, because this is -- you know, we're moving these boxes one at a time. And they don't come in a box, by the way. They look like branches. So I just want to tell you, it's not going to be, gate's up on Friday Page 50 November 1,2005 and we're out of there on Saturday afternoon. It's going to be longer, and I just want to tell you that. It won't be longer than it has to be, and that's for the first pass. And I'm sure there'll be a second pass, and there'll be a third pass. And I believe it's incumbent upon us to coordinate that as effectively as we can. Now, let's see. With regard to removing of the debris, problematic. If they've moved the debris, I'd ask that everyone stop. If you're in a gated community, let's get the FEMA through my shop, down there to make a call, and let's get some direction. Because it is very individualistic that -- the calls FEMA has to make. I don't know if Dan covered this enough to tell you, this is exactly the approach and deployment that Charlotte County had when they began their debris operations after Charley, and no one was happy with the speed of that recovery, the guy that's like me in Charlotte County, commissioners like yourself. So if we continue to have as an operational obj ective to only pick up debris which is fully reimbursable, it's going to take some time, it's going to take inefficiencies, Commissioner Coyle. But the pay-off is that the costs of moving those boxes is not shifted to this county but rather shared appropriately with the federal government through our tax, as you said, through their process. And we, with your good services and the influence that you can have, that of Mr. Mudd, I think we can work the policy. Sir, I don't know if I answered all of your questions. COMMISSIONER HALAS: Yes. I think you did a pretty good job on it. The last question -- or the last question that -- I'm not sure if you can answer this or maybe the county manager can, but this is one of the few times that FEMA has allowed us to go into gated community to pick up the debris; is that correct? MR. DeLONY: Let me tell you this that we are not going to get reimbursed as it stands now for the gated community work we did during Charley. It wasn't a lot of money, okay? Those gated Page 51 November 1, 2005 communities field themselves because of the storm. But we do work in those gated communities. I don't know the number in front of me, but chances of reimbursement are slim to none. And we discussed that, as you might remember, in this very forum, and the direction of the board was, clean up the county. Until I can get better numbers, and I'm talking $40 million, we've got -- 12 and a half percent of that's going to be on us, 7- to $10 million is going to be on us. I would recommend that we work really hard and get the best policy. But, again, I'll leave that to you and Manager Mudd to give me direction on that. COMMISSIONER HALAS: But the policy -- MR. MUDD: The answer to your question is, before this exercise and Katrina, they made some special dispensations up in Louisiana. They have never touched private gated communities or private roads before. So we've made great strides here with the help of our Congress, or congressional delegation, during a presidential visit in order to get this stuff rectified. So we do have that ability now, which is a great -- which is almost heaven-sent as far as the damage that's out there. COMMISSIONER HALAS: Well, it was the effort that you put behind this also. You found that window of opportunity and were able to get a hold of -- write a letter to our congressmen, which was Congressman Mario Diaz- Ballart and Congressman Connie Mack, and they, of course, got the attention of the President of the United States, and, therefore, a lot of this credit goes to the staff here for getting this doctrine or this piece of paper here given back to the county here basically stating. But I just want to make it clear that we're trying to help those citizens, just as Commissioner Coyle brought out, the fact that everybody pays U.S. federal taxes and we should be inclined, hopefully, to get some help because we sure sent a lot of money to Washington. Page 52 November 1, 2005 MR. DeLONY: I don't think there was a question in there for me, but I could say amen. CHAIRMAN COYLE: Well, there's one other issue I would be interested in addressing. If a gated community, or any community, has, on their own initiative, has taken to consolidate the -- the debris, it appears to me that that creates a much more efficient operation for us and FEMA. We don't have to stop at 100 or 500 different locations and pick up little bits of debris. We can go to one place, pick it all up, and get it out of there so we can get it done more quickly. It appears to me that the problem should be, not that we have put it in one location, but the determination should be made by somebody, FEMA and our staff, perhaps, in advance, that whatever is there was not the result of some illegal action such as land clearing or something of that nature. And if that kind of determination can be made, it shouldn't make any difference that it's located all in one spot. MR. DeLONY: And that -- before this meeting today, I met with the southern region pre-coordinator, good fellow. I mean, he wants to make it work. I made the same argument to him that you've made today in terms of deductibles, same argument that you've made today, it doesn't -- you know, if it's not land clearing and it doesn't come off the golf course, you know, let's pick it up, because it does help us. And he's in that, I got to get back to you mode, and we will continue to work hard on that and try to get the best deal we can for reimbursement, given what is out there on the ground already and to become. But the -- as inefficient as it may appear or sound, we are set up to do exactly what I said. We can do curbside removal, we've got the monitors in place to do the verification that's so important for reimbursement. So we're set up to do that, absolutely. If we could make it more efficient and get a green light that this is reimbursable, then we'll take the gloves off. But as we stand here today, sir, that's Page 53 November 1,2005 the best I can tell you, with regard to its eligibility for reimbursement. MR. MUDD: And Commissioner, the reason I put this -- this is this FEMA letter that I showed you the first page of, and this push-out thing is interesting and has to do with mechanical push-out. You see it on "i" above paragraph two, and then you see it really down in 2(a) where it says, debris resulting from demolition or push-out of private, including commercial structures, will not be eligible. And the only thing there is, if it's in a big pile, they can't make that determination where it came from, and that's the gray area that Mr. DeLony's talking about, and that's one that we need to get resolved. The only thing to get resolved, okay, take a look at the neighborhoods, look at what's there, okay? We're moving it with this contractor to get it out. Nobody's clearing their land, nobody's tearing down their commercial establishment and trying to lay claim to it. It's damage, it's out to the curb. We need to get it out of here. Now, they gave some carte blanche things in Mississippi, Alabama, and Louisiana, as far as FEMA is concerned, and we might get to the point in time later this week that we're going to have to go forward to get those carte blanche things cleared and a policy to do so. So we'll work through that particular issue, but let's give them a chance. By Thursday we'll talk about -- MR. DeLONY: Yes, sir. MR. MUDD: -- our great Claim meeting and work through that. And if we run up against the storm, well, then we'll get hot and heavy on it on Friday. CHAIRMAN COYLE: Okay, good. Thank you very much. We're going to take a break now. MR. DeLONY: Sir, could I just conclude, then you won't have to see me again. CHAIRMAN COYLE: I thought I had just concluded. MR. DeLONY : Well, I was going to -- I'm just a typical Page 54 November 1, 2005 government folk here. I've got -- always have one more thing to say. Ken Rodriguez is our Director of Solid Waste. He's a great leader. He is the project manager for this mission, and I wanted everyone to see him. He has done a yeoman's task getting us where we are, and we really and truly appreciate his leadership and his folks' leadership. And I just want to make sure you know the guy that I'm putting the bony finger in the chest of to execute this thing, and he's done a superb job. Weare concerned, and I've said it before, about safety. Putting debris on sidewalks causes problems for children walking to school. We don't want plastic bags. Don't do it. Don't use plastic bags, please. If you've used them, got it, but don't use them no more. Now or evermore. Not only for this operation, but in the future in Collier County. That doesn't allow me to environmentally return that material to reuse by having that plastic. So with that, thank you for that extra minute, and I am here to answer your questions or just to get off this microphone. CHAIRMAN COYLE: May I declare a recess now? MR. DeLONY: Thank you, sir. CHAIRMAN COYLE: Okay. Thank you very much. We're going to recess for 12 minutes. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, you have a hot mike. CHAIRMAN COYLE: Thank you very much, Mr. Mudd. Item #9A RESOLUTION 2005-379: APPOINTING WILLIAM L. BARTON TO THE SWFL EXPRESSWAY AUTHORITY - ADOPTED Page 55 November 1,2005 And now I think we're going to 9A. MR. MUDD: Yes, sir. CHAIRMAN COYLE: Okay. MR. MUDD: Commissioner, I -- each one of the commissioners in the Board of County -- of the Board of County Commissioners gave me a list of candidates. This has to do with 9A, which is appointment of a member to the Southwest Florida Expressway Authority. There was a list of 24 candidates. One candidate withdrew, and that's Mr. Nino J. Spagna, and he had a conflict according to the particular rules; is that correct, Mrs. Filson? MS. FILSON: That's correct. MR. MUDD: So your list, I've had Ms. Deb Wight out of my shop and Mrs. Mary Jo Brock put your -- your votes down on the list, and you'll see them accordingly. Commissioner Henning did not provide a list because he thought it would be inappropriate for him because he wouldn't be here today because of a personal emergency. So there's the list by priority, one through however many that you gave me, all right. And let's -- and let's go now to the far right column on your screen. And that says a sum of priorities for votes. Those candidates, and there's three of them there, received four votes from all four commissioners. And what I did is, we just add the priorities that you gave them across your columns, and that's where it came up with 11, 19 and 30. And so if I was to look at this, you had a unanimous vote for Mr. William Barton, you had a unanimous vote for Mr. James R. Gibson, Jr., and you had a unanimous vote for Mr. Dennis P. Vasey. But if you look at the priorities that you gave the candidates, the number one pick with four votes would be Mr. William A. Barton because he has got -- you gave him the highest number on your priority list as it sums across. The next, second best with four votes from the commissioners unanimous, would be Dennis P. Vasey, and he has a priority of 19, Page 56 November 1,2005 and the third place would be Mr. James R. Gibson, Jr., at 30, was his priority. Now, if you go to the second column to the right, it has the sum of priorities with three votes. I do not want you to confuse the sum-ups here, okay, because you can't -- the two columns are mutually exclusive, all right. They're not correlated in any way, stretch of the imagination. I'm getting into my operations research stuff a little bit. But if you take a look at the sum of three votes, there was -- there was one candidate, Mr. Dexter R. Groose, and the next candidate, which is R. Bruce Anderson, they received three votes from . . commISSIoners. And if you've started to look at their priority votes, the number one candidate for three votes would be Mr. Dexter Groose, and the number two vote with three votes would be Mr. R. Bruce Anderson. So in my mind, if you wanted to put a list of priorities down based on what you voted -- and, again, I'm just giving you -- I'm just giving you my observation, and then it's open for discussion and the board is free to pick whomever they want -- the number one with four votes would be Mr. William R. Barton. The number two vote with four votes would be Mr. Dennis P. Vasey, the number three vote would be -- with four votes would be Mr. James R. Gibson, Jr., the number four vote with three votes from the commissioners would be Dexter R. Groose, and the number five vote with three votes from commissioners would be Mr. R. Bruce Anderson. And that's all I have to say, and that's as much analysis as I've done on your particular votes. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes. Judging by what I see here, I'd make -- I'd like to make a motion that we nominate Bill Barton for this particular position. COMMISSIONER HALAS: Second. Page 57 y".-...._-'"".,."~.. November 1,2005 COMMISSIONER FIALA: I'll second that motion. CHAIRMAN COYLE: Okay. Motion by Commissioner Coletta for nomination of -- or selection of Mr. William Barton, and a second by Commissioner Fiala. And any further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: It carries unanimously. Mr. Barton is the board's selection for appointment to the Southwest Florida Expressway Authority. Now, we also have to select -- not necessarily today because it's not advertised to be selected today, but we also have to select five people to nominate to the governor so the governor can select one of the five, and we might want to take the next four there and decide upon them and maybe with one other nomination between now and the next meeting, and we can then submit those to the governor for consideration. What does the board feel about that? COMMISSIONER HALAS: I move that we should do that. COMMISSIONER FIALA: I think it's a good idea. CHAIRMAN COYLE: Okay. We do need one more name. COMMISSIONER HALAS: Well, we'll keep the four, but we'll advertise for one more name. COMMISSIONER COLETTA: Well, I don't know if we really need to do that. I think from here you probably can pick. I mean -- CHAIRMAN COYLE: Who would have been the next highest? Did we have three in agreement on any other candidate? I don't see one. Page 58 November 1,2005 MR. MUDD: You don't have three in agreement on any other candidate, and I would have said my next choice would have been Mr. Spagna, but he had to withdraw because of a particular issue. CHAIRMAN COYLE: Then let's do this by-- MR. MUDD: Commissioner, I would -- I would say to you that the next candidate -- and I'm doing quick math, okay. If you wanted to take a look at the two vote, the next person that comes off the page with an eight would be Morton D. Potashnick, because he has a priority of eight. But, again, it's only two votes, and I don't have a third commissioner. CHAIRMAN COYLE: I'm trying to go down this thing through districts to try to find out what district is not represented here. We have one District 1 and District 4 that are represented here in the selections we've made. COMMISSIONER FIALA: Dennis Vasey is three. COMMISSIONER COLETTA: Three. CHAIRMAN COYLE: And Dennis Vasey is three. COMMISSIONER FIALA: Three. COMMISSIONER COLETTA: I'm not concerned at all about the districts. If there's no one from five from this qualified pool, then that's not a concern of mine. CHAIRMAN COYLE: Okay, all right. COMMISSIONER COLETTA: Just the most qualified. CHAIRMAN COYLE: All right. Well, why don't we do this, why don't we keep these four names, and then at the next meeting be prepared to select one additional person from this list and have that person ranked, and then we'll have our five and we'll make the decision the next meeting. COMMISSIONER COLETTA: I'll second that. MR. MUDD: Yes, sir. And I would ask -- and to help -- to help you with that selection -- and what I will do is I will modify this list. I will keep Mr. Barton as the one that you're going to appoint, and Page 59 November 1,2005 you've already voted on that. The next four that are on the list will consume four of the five seats. I would ask the commissioners at the next meeting to give me a list of the remaining, and I want you to give me two. I want you to give me your first and second choice of what's remaInIng. And with that, then I can get the five votes and have it and put it on a sheet, just in case we miss one. Because you can have a commissioner that -- you know, just like we had on this one, we had only two votes, and there was one that only had one vote, you can get out. But I believe if you give me two, a first and a second, I believe we can do the same kind of thing with the remaining, and it will become an obvious issue for you on the dais and make it quite quick. So for the next meeting, if you could give me a list of two, first and second of the remaining, so there are one, two, three, four, five, and the one that withdrew, so there's six candidates that won't be on your voting list next time. COMMISSIONER HALAS: And you said Potashnick is the one that withdrew. MR. MUDD: No, Spagna. MS. FILSON: Dr. Spagna. MR. MUDD: Nino had to-- MS. FILSON: Yeah. COMMISSIONER HALAS: Okay. MS. FILSON: So is it safe to say that I can contact the remaining four people to get them started on filling out the gubernatorial nomination questionnaire? CHAIRMAN COYLE: I think that's a fair assumption. Everybody agree with that? MS. FILSON: And you want it on the agenda for the 15th of November. CHAIRMAN COYLE: Yes, yes. MS. FILSON: Okay. Page 60 November 1, 2005 CHAIRMAN COYLE: Commissioner Fiala, did you have anything further to say? Your light's on. COMMISSIONER FIALA: No. CHAIRMAN COYLE: Okay. Then I think we've done that one, County Manager. We go to 9B. Item #9B RESOLUTION 2005-380: CONFIRMATION OF REAPPOINTMENT TO THE COLLIER COUNTY CITIZEN CORPS: GERALD SUGARMAN, REG BUXTON AND WALTER R JASKIEWICZ. NEW APPOINTMENT: NANCY L. REED, FLOYD R, CHAPIN, RUSSELL D. RAINEY AND DOUGLAS E. PORTER - ADOPTED MR. MUDD: That brings us to the next item, which is 9B, which is confirmation of appointment to the Collier County Citizens Corps. CHAIRMAN COYLE: And we have appointment of four members and reappointment of three members, for a total of seven people. MS. FILSON: Yeah. And I've also put their attendance on there. They all have perfect attendance, the ones that are being reappointed. CHAIRMAN COYLE: Good. And-- COMMISSIONER HALAS: Motion for approval of the seven names that are on the -- that -- were recommended. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. A motion for approval of all seven appointees and re-appointees. COMMISSIONER HALAS: Do we need to give the names? CHAIRMAN COYLE: I don't think so. COMMISSIONER HALAS: Okay. CHAIRMAN COYLE: They're listed on the record. Page 61 --",""",."~",.._--" November 1,2005 Motion by Commissioner Halas to approve, second by Commissioner Fiala. Any further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: It is unanimous, thank you. And next? Item #9C RECONSIDERATION OF PURCHASING SCHOOL BOARD PROPERTY THAT WAS APPROVED FOR PURCHASE BY THE BOARD OF COUNTY COMMISSIONERS AT THE SEPTEMBER 27, 2005 BCC MEETING - APPROVED MR. MUDD: Commissioner, it brings us to a request for a reconsideration of purchasing the school board property that was approved for purchase by the Board of County Commissioners on September 27,2005, BCC meeting. And Commissioner Halas basically asked for this reconsideration. And it was basically a memo that Commissioner Henning wrote to the three commissioners that voted in the affirmative on this particular item to see if they wanted to reconsider. He mentioned in there that he had additional data. Let me tell you what his concern was. He was wondering if there were any TDRs on this particular property, and could those TDRs be stripped off and sold before we bought the property? And let's go Page 62 November 1,2005 down this just a little bit. Right now that school property is neutral lands. N eutrallands do not have any TDRs. Doesn't make a difference who owns them. If it's a sending land, our policy and our code says that a private person, okay, if they have sending lands, can have TDRs; therefore, if it's government owned, it doesn't have any TDRs in sending lands. So there you've got two different -- two different issues. Now, this is section 24. Section -- the school property is in section 24. Section 24 is due to come to the Board of County Commissioners as an EAR amendment to be converted from neutral to sending, okay? That's going to happen in March or April. Now, I don't want to make -- I want to make sure that you're clear on this particular point. I don't want to suggest something to you that would force you into making a zoning change today or even at the next meeting. I want to make sure that you're very clear on that. You make your call any which way that you want to based on what's presented to you for that zoning change, okay. And I don't want to get into contract zoning or anything like that. And I always get -- I always get a -- I get concerned when we're there. But here's the thought. If a private owner owned the particular -- can I finish, Commissioner Halas, please? If a private owner owned this particular land and this land was moved to sending by the board's direction or decision in March, then that private owner would have TDRs. That private owner would have 52 TDRs worth anywhere from 25,000 to $50,000 each. That means those TDRs would be 1.3 million to $2.6 million. You only were going to pay $2.1 million for this particular property. If that is, indeed, the case, then you could return half a million dollars to Conservation Collier and not have to pay a nickel for this particular property, okay? So it wouldn't be an outlay of government funds if this all happened in the future. Page 63 November 1,2005 So who's the private property person that could own this particular land if it got transitioned? Well, that became some concern, and some names were mentioned of developers, and that's when my gut got -- went crazy and said, I don't like the smell of this nor do I like the feel of this. So I asked the Trust for Public Lands, I said, if we source the money to you, would you buy the property under your ownership with a contract that this land would come back to Collier County, okay, minus whatever as a remittance to us, whatever TDRs that you could sell? And they said, yes, they would do that. So I think I found an uncontroversial person that could put this in private ownership. So that's pretty much what's out there right now. I told Commissioner Henning that I would relay that to you today. But the decision before you today is to reconsider this item at your next meeting, and that's the decision you're making. But I wanted to make sure that that additional information was put out there so that you knew, because the memo did not have that stuff attached. CHAIRMAN COYLE: And if we wanted to reconsider it at the next meeting, it would include the reconsideration of the process you just described with the TPL? Okay. Commissioner Halas? COMMISSIONER HALAS: Yeah. I don't have a warm, fuzzy feeling on this, and I signed this because I thought that the information was going to immediately follow, and I had to basically dig this information out. County Attorney, do I have the ability here to withdraw my reconsideration? MR. WEIGEL: You do. This is here today for a motion of reconsideration to be made and voted upon, or not. So yes, you can do so. Also, just for the record, if a motion to reconsider were adopted today, two things, is doesn't mean that the item that was previously Page 64 November 1, 2005 voted on has changed. It means the matter will be brought back for a reconsideration of the initial vote. And the reconsideration ordinance, section 2-41 of our code of laws and ordinances, provides that the matter would be brought back at the second regular meeting from the date of a motion to reconsider being approved. If today's date -- if today were -- the motion were to be approved, it would come back, I believe, at the November 29th meeting. MR. MUDD: No, it would be coming back December 13th. MR. WEIGEL: Is there no November 29th meeting? COMMISSIONER HALAS: There isn't. MR. MUDD: No. There's a -- MR. WEIGEL: Oh, okay. MR. MUDD: You're right. I'll take it back, David. You are absolutely right. There is a 15 -- there is a 15 November meeting, and then there's a 29th meeting. I stand corrected. David is absolutely correct. It would be the last meeting in November. COMMISSIONER HALAS: So if we let -- left everything the same then, we'd just vote for no reconsideration on this; is that correct? MR. WEIGEL: Well, if you vote to reconsider today, that doesn't mean there's going to be a change from the prior vote that was taken. It just means that the matter will be heard two meetings from today to, at that time, have full discussion on it. However, you certainly have the ability not to make the motion to reconsider today as well, if you wish not to. CHAIRMAN COYLE: Can I ask a point of clarification? I am a little confused at this point in time. What you just said to us was that if we do reconsider it, that we can save ourselves $2 million or more. Is that -- did I understand that correctly? MR. MUDD: You could, sir, okay. That's all predicated on a vote by the Board of County Commissioners on land use in March or Page 65 ~'--'-~'~'---""-","-""~'~ November 1, 2005 April, okay. And that's why I basically put it on and I opened it up this way. I want to make sure that you understand that if TPL worked as our agent, okay, and they bought the property from the school for $2.1 million, that money would come from Conservation Collier. They would become the owner of the property for a short period of time. If the board decides to change from neutral to sending on this particular section 24, then there would be TDRs on this property, okay. If you choose not to rezone section 24 from neutral to sending, there will not be any TDRs, and the Trust for Public Lands would return this particular property to Collier County as agreed upon. Would probably charge us a little bit of an administrative fee, but I don't believe it would be very much, and that would be done. CHAIRMAN COYLE: Okay. Commissioner Coletta? Were you finished Commissioner Halas? COMMISSIONER HALAS: I'm finished for the time being. COMMISSIONER COLETTA: Yeah. I'll be honest with you, any time a commissioner has a concern, he thinks there's a better way to do it, I'm willing to look at it. I mean, it doesn't mean that I agree with it. And I would like to make a motion for reconsideration. COMMISSIONER FIALA: And I'll second that. CHAIRMAN COYLE: Okay. We have a motion for reconsideration by Commissioner Coletta, second by Commissioner Fiala. Commissioner Halas? COMMISSIONER HALAS: I don't know how best to say this. I hope that -- and obviously the person that asked that this be reconsidered is not here today. But I felt that once I got ahold of this infonnation, and I think that other staff members helped in this -- in this convening of the Public Land Trust getting involved in this, at first I didn't like it Page 66 November 1,2005 because it looked to me, when you looked at all of this, it looked like there might have been some contract zoning in this thing, and to me that's not where we should be here as servants of the public. So we can take the vote today, but I jumped on this too quickly. I didn't have the information. And I was hoping that it was going to follow within a matter of hours, and it didn't. I had to pry this information out. So that's where I stand with this, okay. CHAIRMAN COYLE: Okay. We will -- if there is a vote to reconsider it, we will at least have a chance to argue that point and find out what's best for us at that point in time. So we're not making an irreversible decision here. Yes, David? MR. WEIGEL: Well, we're at a new place in our reconsideration ordinance right here. Because the ordinance specifically provides for, a commissioner who voted with the majority shall introduce a request to the county manager that he or she wishes to introduce a motion to reconsider. Mr. Halas is indicating that he does not wish to introduce a motion to reconsider. This ordinance is silent as opposed to someone else making that motion at a meeting where this is brought up through a commissioner who expressed the intention to make such motion. So CHAIRMAN COYLE: David, can I offer an opinion? MR. WEIGEL: You may. CHAIRMAN COYLE: I don't know if it will make any difference or not. MR. WEIGEL: I haven't offered one yet. CHAIRMAN COYLE: As I -- as I would understand the procedure, the decision to bring it before this board was Commissioner Halas's. MR. WEIGEL: That's correct. CHAIRMAN COYLE: Once it is brought before the board, I Page 67 ,_..... -.----.'-.' November 1, 2005 don't see anything that prohibits another commissioner who voted with the majority from making a motion. Does that make sense? MR. WEIGEL: Well, it does. There's a Latin phrase that's used often, particularly with attorney general opinion -- opinions, which I won't try the Latin, but what it says is, that that which is not expressly excluded is allowed. CHAIRMAN COYLE: Is permitted. MR. WEIGEL: In other words, is permitted. And I would not disagree with that general construction. But I did want to bring that to your attention as well as Mr. Halas that our ordinance -- our ordinance is silent in that regard. So I would opine and I would agree with your suggestion that if a motion were to be made, I'd rather have a court tell us that it's not right than I indicate that it's not right at this point in time. CHAIRMAN COYLE: I understand. Thank you. MR. WEIGEL: Thank you. CHAIRMAN COYLE: Then I think we are where we are. We have a motion to approve -- a motion for reconsideration by Commissioner Coletta, and a second by Commissioner Fiala. If there's no further discussion, we'll call the question. All in favor, please signify by saying aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Any opposed, by like sign? COMMISSIONER HALAS: Aye. CHAIRMAN COYLE: Okay. Commissioner Halas is opposed. It passes 3-1 for reconsideration. MR. MUDD: And that will come back the last meeting in November, which is the 29th. Page 68 November 1,2005 Item #10A REQUEST AN INTERLOCAL AGREEMENT WITH THE CITY OF NAPLES WITH RESPECT TO THE COUNTY'S GOODLETTE-FRANK ROAD PROJECT - APPROVED - 4/0 The next item is item lOA, and that is a request that the board approve and authorize its chairman to sign an interlocal agreement with the City of Naples with respect to the county's Goodlette- Frank Road project, and Mr. Norman Feder, the administrator of transportation services, will present. MR. FEDER: Commissioners, for the record, Norman Feder, transportation services administrator. This is an agreement that's already been executed by the City of Naples. It's a coordination on our efforts on Goodlette-Frank Road and the city's improvements that they'll be making to Burning Tree Drive. I think the particulars are very clear. It also covers some of the utility issues we'll be dealing with on our Goodlette- Frank Road to try to coordinate with the City of Naples. I'd be happy to answer any questions you might have on it. COMMISSIONER FIALA: Motion to approve. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Fiala, second by Commissioner Coletta. Any further discussion? (No response.) CHAIRMAN COYLE: No public speakers? MS. FILSON: No, sir. CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. Page 69 November 1,2005 COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. MR. MUDD: Commissioner, lOB will be heard after 1:00 p.m. Item #10C SELECTION OF CONSUL TECH, A QUALIFIED FIRM, AND AWARD OF CONTRACT UNDER ITN 05-3583 CEI SERVICES FOR COLLIER COUNTY ROAD PROJECTS," FOR PROJECT NO. 69101 IMMOKALEE ROAD FROM 1-75 TO CR-951 COLLIER BOULEVARD IN THE AMOUNT OF $1,541,279 - APPROVED That brings us to 10C, which is a recommendation to approve selection of Consultech, a qualified firm, and award a contract under ITN 05-3583 CEI services for Collier County road projects for project number 69101, Immokalee Road from 1-75 to County Road 951, Collier Boulevard, in the amount of $1,541,279. And, again, Mr. Norman Feder, your transportation administrator, will present. MR. FEDER: Commissioners, very briefly, this is to get the engineering inspection firm on line. This is the design build section to go from four to six lanes between 1- 7 5 and 951 that is out in our fee right now. We expect that to be awarded shortly after the first of the year and are trying to get the CEI onboard as we go through with the proj ect. COMMISSIONER HALAS: Motion for approval. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Page 70 .,,- P'" 1!' November 1, 2005 Halas, second by Commissioner Fiala. Any further discussion? (No response.) CHAIRMAN COYLE: Any public speakers? MS. FILSON: No, sir. CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: It passes unanimously. Thank you very much. Item #10D COLLIER COUNTY'S 2006 STATE LEGISLATIVE PRIORITIES AND THE COUNTY MANAGER TO PROVIDE THEM TO THE COUNTY'S STATE LOBBYIST - ACCEPT ALL PRIORITIES PLUS RECOMMENDATIONS (FEMA, HOUSING ISSUES, ETC) FROM JIM MUDD, ON THE LIST EXCEPT "THE LOCAL AUTONOMY TO IMPOSE DISCRETIONARY SALES TAX REFERENDUM" - APPROVED; MOTION TO REMOVE "SALES TAX REFERENDUM" FROM PRIORITY LIST - APPROVED; MOTION TO OPPOSE ANY ATTEMPT BY THE LEGISLATOR TO CHANGE IMP ACT FEE COLLECTION IN COLLIER COUNTY - APPROVED; MOTION TO ACCEPT SOUTHWEST FLORIDA WATER CONSORTIUM - APPROVED MR. MUDD: Commissioner, the next item is number 10D. It's a recommendation to approve Collier County's 2006 state legislative priorities and direct the county manager to provide them to the Page 71 November 1, 2005 county's state lobbyist. And Ms. Deb Wight, out of the county manager's office with myself, will try to present this particular item. What I'd ask the Board of County Commissioners to do -- the items were laid out in the executive summary. We've had a workshop on the particular item in which Representative Davis was in attendance, I believe, and we went through the particular items. And we can go -- and each item has a paragraph in the backup documents that explain the particular item. So I'd like to go down the list and just have the board at this time affirm, deny, send me packing to do more work, or whatever you'd like to do on these particular items so that I can -- we can give those to our state lobbyists and that we can all be on the same sheet of music as we proceed on the 2006 state legislative session. CHAIRMAN COYLE: Can we just have the board members tell you if they don't agree with the list? MR. MUDD: Sir? CHAIRMAN COYLE: Can we just have the board members tell you if they'd like to make a change to this list that we've already -- MR. MUDD: Yes, sir, that would be okay, too. And let's do the first page first, and then go to the Southwest Florida priorities. So our list is on the first page, page 1 of 34 on the executive summary. CHAIRMAN COYLE: Do any of the commissioners have any opposition to this list; Commissioner Halas? COMMISSIONER HALAS: I don't have any opposition to this list. But one of the concerns that I think Commissioner Coletta had was in regards to the discretionary sales tax referendum. And I think that when we were up at Tallahassee yesterday we were -- there was great discussions on both sides of the panel in regards to how we're going to fund infrastructure. And so if something should occur in this upcoming legislation, that's going to be in regards to the glitch bill for Senate Bill 360. If we run into a situation where our impact fees are going to be limited or Page 72 November 1,2005 taken away, then what happens is, is that we are put in a very -- put in a box basically, in regards to addressing how we're going to handle growth. So I just wanted to bring that up as a discussion point. And I think Commissioner Coletta was present yesterday and understood some of the facts here. So I know it's a hard thing to do, but you have to figure out what you're going to do here in regards to, in the future, for addressing growth. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes. And no, I know where you're coming from, Commissioner Halas, and it's a concern, but I'm also concerned about due process of how the residents come into play as far as how we tax them. I would like to make a motion -- and please hear me out on the whole motion -- that we approve every single item on here with the exception of the local autonomy to impose a discretionary sales tax referendum, and then we can vote on that as a separate item. I'd like to be on the record as being opposed to it as one of our legislative objectives, and I don't want to vote against the whole package, because I think it's an excellent package. COMMISSIONER FIALA: I'll second. MR. MUDD: Commissioner, before you do that, I had -- can I add one item to your list, and it has to do because of this hurricane that we just had. I believe -- I believe you need to have an item on this list that talks about FEMA reimbursement, housing issues, and the funding statute. FEMA basically refunds at 75 percent, the state reimburses for 12 and a half, and the local does for another 12 and a half. It would be really good if we were out there trying to get the state to pick up the 25 percent instead of us having to do the 12 and a half, and I believe we don't need to give that away yet. We need to fight for it. Page 73 -~~-_.,..".,-_.- November 1,2005 COMMISSIONER COLETTA: And I include that in my motion. That's an excellent idea, and I appreciate that input, Mr. Mudd. MR. MUDD: Thank you, sir. COMMISSIONER FIALA: And in my second as well. CHAIRMAN COYLE: Then we have a motion by Commissioner Coletta to support all of the items, plus those added by commissioner -- Mr. Mudd, with the exception of the -- MR. MUDD: Local autonomy to impose discretionary sales tax referendum. CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Any opposed? (No response.) CHAIRMAN COYLE: It passes unanimously. Now let's take up the local autonomy to impose discretionary sales tax referendum. Now, it's my understanding this is not the authority to impose a sales tax. It's merely the authority to put it on a ballot so the people can vote on it. MR. MUDD: No, sir. This would -- this would -- if the law passes, this would give this board the ability by supermajority vote to bring on an addition to the local sales tax. CHAIRMAN COYLE: Well, tell me why it says it's a local autonomy to impose a sales tax referendum. MR. MUDD: Well, maybe we worded it wrong, okay? But let me talk about the paragraph just a second, okay? CHAIRMAN COYLE: Okay. MR. MUDD: Under current law, the imposition of a Page 74 "~-_...",.;<"....".,- November 1,2005 discretionary sales tax surcharge requires voter approval via referendum. Local autonomy would remove the referendum requirement and authorize the Board of County Commissioners to impose this surtax. Legislation would dictate whether the imposition by the Board of County Commissioners would be by majority vote or supermajority vote. CHAIRMAN COYLE: Okay. So if we were to take off referendum from the end of that sentence, it would make it a lot clearer -- MR. MUDD: Yes, sir. CHAIRMAN COYLE: -- because it's giving us the right to impose a discretionary sales tax. MR. MUDD: I have struck referendum. CHAIRMAN COYLE: Okay, good. Thank you. Now it makes more sense. All right. Is there a motion concerning that particular provision? COMMISSIONER HALAS: I make a motion that we disregard that after we've stricken that one word, referendum. I think that -- COMMISSIONER FIALA: Oh, I'll second that motion. COMMISSIONER HALAS: I think that made it more clear. CHAIRMAN COYLE: So does that mean that you do not want to have that as a priority? COMMISSIONER HALAS: I do not want that as a priority. CHAIRMAN COYLE: Okay. There's a motion to strike it off the list by Commissioner Halas. COMMISSIONER COLETTA: I'll second it. CHAIRMAN COYLE: Second by Commissioner Fiala. She had already seconded it. Anything further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying Page 75 ----------.."'"" November 1,2005 aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Now, is there any opposition? (N 0 response.) CHAIRMAN COYLE: It passes unanimously. And I have a question for you primarily for Commissioner Halas and Commissioner Coletta. I presume that you listened to the debate from the impact fee task force? COMMISSIONER HALAS: That's correct. CHAIRMAN COYLE: What is your assessment of that particular debate as it's currently shaking up? COMMISSIONER HALAS: Right now it's really a mix. There's -- the committee is made up in such a manner that the people who were involved in government or past commissioners really understand the plight of what's going through the counties. And the builders, of course, are still taking a strong stand, although one particular developer is now, I think, now swinging towards the side with the counties, and that's Bonita Bay, because they understand that if you don't have a way to provide infrastructure, they're not going to have a way of going -- continuing on. But one individual that basically is from Collier County was very adamant about not having impact fees. He'd like to see an end put to this. In fact, I think he's got some misinformation, and we hope to educate that individual. CHAIRMAN COYLE: Good luck. Commissioner Coletta, go ahead. COMMISSIONER COLETTA: If I may add to that. Yeah, they counted noses to try to get a feeling for which direction the task force was going. And I'd say the vast majority of them, without a doubt, are Page 76 November 1,2005 opposed to doing anything as far as impact fees going. However, with that said, they only need to have the door opened a little crack to be able to get something as far as Florida statutes go in there that might be non-descriptive, very little clause, to be able to open up the statutes for future years. Believe me, this isn't going to end this time around. It's going to continue every year forever. And you can expect tremendous political pressure to be brought upon you, whenever you run for political office, by the building industry and other elements out there to side with Florida statutes. The building industry is lost in the courts. This is their last avenue of reach and resort, of trying to get to the point where they do away with impact fees and drop the burden on our citizens to have to pick up the cost of new growth. That isn't going to happen. And every commissioner that's been appearing before this particular task force has made it plain and clear, if they don't have this revenue stream coming in, they're not going to permit growth in their area. COMMISSIONER FIALA: I'd rather lose an election than to side with eliminating it. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: Yeah. It was very interesting as the event started to unfold, and then one particular senator, Senator Constantine, then was trying to sway the board by saying, well, here's some different options that you can use to possibly generate revenue other than impact fees, which basically fell on some deaf ears so -- because they said, that's not our agenda here to look for alternative methods of taxation in regards to applying fees to address growth. So it's going to be interesting as this thing unfolds. I think that we have about three more meetings, and it's going to be interesting to see just how this all shakes out. But I think the governor's committee is going to have a hard point -- or hard task here of trying to figure out the best way that they're Page 77 November 1, 2005 going to approach this so that they can get a general consensus if they want to bring something forth to the governor. CHAIRMAN COYLE: The reason I asked these questions is because I think there's a point that needs to be made here. We fought the impact fee bill itself last year, and we've managed to stop it. But the people who want to eliminate impact fees and transfer the cost to the taxpayers have not stopped, as you've correctly observed, and will not stop until the legislature kills this concept. And I think that one of the things we might wish to do here on this list of priorities is add opposition to any changes to impact fee collections. COMMISSIONER FIALA: Oh. CHAIRMAN COYLE: Because that's not on this list. You see, our opposition to certain aspects of Senate Bill 360 -- COMMISSIONER HALAS: 360. CHAIRMAN COYLE: -- doesn't really say -- because Senate Bill 360 doesn't really say that impact fees will be eliminated or changed, but yet it creates a task force that has the authority to make recommendations about doing just that. And so I would suggest that we add to this list -- COMMISSIONER FIALA: Make a motion. CHAIRMAN COYLE: Okay. But let me finish first. COMMISSIONER COLETTA: He's on a run. CHAIRMAN COYLE: Yeah. And I find it very, very interesting that people on the impact fee task force are talking about -- or worrying about where the money is going to come from to fund the infrastructure when we were told by the people who drafted Senate Bill 360 that they were going to give us billions of dollars, not only one-time money, but of recurring money, to fund infrastructure. Now, isn't that an interesting turn of -- COMMISSIONER HALAS: And every year we get more mandates from the state for taking care of issues that the state should Page 78 November 1, 2005 be taking care of, and they're sure not going to address this issue of administering how we're going to address growth here, I can tell you that. CHAIRMAN COYLE: That's right. COMMISSIONER HALAS: That's going to be left up to the local government. CHAIRMAN COYLE: That's right. Well -- so in the final analysis -- and it gets back to the discretionary sales tax thing. I understand the political distaste for taking the right to increase sales taxes, but let me tell you, that's exactly where our state legislature is trying to push us. COMMISSIONER HALAS: That's where they're trying to push us. CHAIRMAN COYLE: They are trying to push us, though, to increase property taxes. That's what they're trying to do. And what they want us to do is to transfer that cost to our citizens in Collier County. And I am convinced that there is still a movement to do that, and we've got to be very vigilant to stop it. And so I make the motion that we add to our list that we oppose any attempt by the legislature to change the current impact fee collection requirements as practiced by Collier County. COMMISSIONER FIALA: Second. COMMISSIONER HALAS: And I second that. CHAIRMAN COYLE: Okay. Then motion by me, seconded by both Fiala and Halas. They did it at the same time so they should get credit for it. Any further discussion? And Commissioner Coletta probably seconded that one, too, didn't he? COMMISSIONER COLETTA: I didn't get a chance, but to be honest with you, I have no problem with that statement, absolutely Page 79 November 1, 2005 none. CHAIRMAN COYLE: Good, good. Okay. Then in all in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: It passes unanimously. Thank you very much. MR. MUDD: Commissioner, that brings us to the second page of the executive summary. Commissioners, at the pre-2006 legislative session workshop, you also reviewed the 2006 state legislative priorities of the Southwest Florida Consortium, which includes Collier, Lee, Charlotte, Hendry, Sarasota, and Glades County. The board has asked to approve that list of issues to prioritize and monitor, and it's listed, it says, Southwest Florida Consortium 2006 Legislative Priorities. And that list is there. Do you want to do it the same way that we did the first list? CHAIRMAN COYLE: Yeah, let's do that. I'll have a couple questions for you, but I'll let the other commissioners go first. With respect to the Southwest Florida Consortium's 2006 Legislative Priorities, are there any additions or deletions from this list from the commissioners? COMMISSIONER HALAS: Nope. CHAIRMAN COYLE: Then -- I'm sorry? COMMISSIONER HALAS: I said, nope, I don't have any deletions. CHAIRMAN COYLE: Then you're okay. Commissioner Coletta, you're okay? COMMISSIONER COLETTA: I'm fine, thank you. CHAIRMAN COYLE: Commissioner Fiala? I do have a question. Senate Bill 360 here is listed under the Page 80 November 1, 2005 monitor criteria, which, as suggested, is not a top priority of the Southwest Florida Consortium. Am I incorrect in that assumption? MR. MUD D: No, sir, that's not -- you're incorrect in that assumption. The reason they wanted to monitor it is because it's a changing piece with the glitch bill. They don't know exactly what things are going to pop on the glitch, and I believe it's right up there at the top of their list as well as yours. They just don't want to lose sight of it. And if we have to have a special meeting with all five county managers, or six county managers, we will, and we'll come back to this board with their particular suggestions. CHAIRMAN COYLE: So they have the same concerns with Senate Bill 360 and the impact fee issue as we do? MR. MUDD: Oh, yes, sir, absolutely. It would be devastating. CHAIRMAN COYLE: Okay. So we've got the support of at least those other counties, right? MR. MUDD: Yes, sir. CHAIRMAN COYLE: Okay, good. Thank you very much. Commissioner Fiala? COMMISSIONER FIALA: Yes. This is where we're really going to need Keith to be keeping his eyes open, his ears open, to anything at all, any hint where they're trying to discretely or maybe -- MR. MUDD: Sneak one by. COMMISSIONER FIALA: Yeah, tuck something in there that can hurt us in the end. Boy, we're really going to need you up there listening. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: Yes. Just to make it perfectly clear, we do not want that camel's nose under the tent in regards to this impact fee -- COMMISSIONER FIALA: Well put. COMMISSIONER HALAS: -- reform, okay? So anything that needs to be addressed, please let us know so that Page 81 November 1,2005 we can be out there vigorously letting our constituents know that they need to write to our legislators up in Tallahassee in regards to this. CHAIRMAN COYLE: And I will say one more time that the only way this is ever going to go away is if the legislature strongly opposes it and quits trying to play games to finesse the issue. And when they stand up and they say, this is a bad idea, we're not going to support it, then it will finally go away, but not until then. Okay . We're finished with that item, right? MR. MUDD: Commissioner, I'd like a vote, please. CHAIRMAN COYLE: I'm sorry? MR. MUDD: I'd like a vote, please. CHAIRMAN COYLE: Oh, we didn't have a vote? MR. MUDD: No, sir, I don't. Everybody had nods, but I'd like a vote. CHAIRMAN COYLE: Then I'll call the question. All in favor, please signify -- MS. FILSON: You didn't have a motion either. COMMISSIONER HALAS: Yes, we did. MR. MUDD: No, you didn't get a motion. I need a motion, a second, and a vote. COMMISSIONER HALAS: I make a motion that we approve this Southwest Florida Consortium 2006 Legislative Priorities. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Okay. Motion by Commissioner Halas to approve the priorities, and second by Commissioner Coletta. Any further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. Page 82 ,~""''''o,__·-" November 1, 2005 COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: It passes unanimously. Thank you. Item #IOE TRANSMITAL OF A WATER RESERVATION POLICY STATEMENT ON BEHALF OF COLLIER COUNTY TO THE FLORIDA ASSOCIATION OF COUNTIES AS REQUESTED - SEND TO F AC WITH REMOVAL OF LANGUAGE "NATURAL RESOURCES AND" OF THE POLICY STATEMENT AND ALSO SEND TO FAC ROY ANDERSON'S STATEMENT FOR THE REASONING AS TO THE REMOVAL OF LANGUAGE - APPROVED MR. MUDD: Commissioner, that brings us to item 10E, and that's a recommendation to approve and transmit a water reservation policy statement on behalf of Collier County to the Florida Association of Counties as requested. And, again, Mrs. Deb Wight from the County Manager's office, will present. This was a particular item that was brought up during a -- the F AC -- come on, Deb, help me here. And -- at the Fakahatchee legislative preliminary issue. Commissioner Halas went to that particular -- COMMISSIONER HALAS: Orlando. MR. MUDD: -- symposia (sic), and this one popped out of the woodwork. And there's -- and there's a fight going on, and it has everything to do with, you know, who's going to control the water. COMMISSIONER HALAS: Right. MR. MUDD: And there -- some people think that there's a fear that if the Florida Department of Environmental Protection gets involved, that they will -- they will reserve all the particular water for -- let's say what their name is. The Florida Department of Page 83 November 1,2005 Environmental Protection -- that they will reserve all the water for environmental protection and the human race would, in Florida, would be without. There's some folks that say, well, if they got involved, then they would control the water districts. COMMISSIONER HALAS: Yes. MR. MUDD: If you look at the state organizational chart, the water districts supposedly fall under the Florida Department of Environmental Protection. But I believe there's nobody controlling the five water districts except for the governor. I believe they've kind of usurped that level of control. Commissioners, I would -- I would tell you, from my personal perspective, I'm very leery of this statement because it has a thing that says that they will reserve it for natural resources and human consumption. If you wanted to strike natural resources and have somebody worried about human consumption, that would be a breath of fresh air in the State of Florida, especially with the Everglades restoration project that's going on, especially after we were unsuccessful with the South Golden Gate Estates in trying to get some consumptive use permits for humans out of that. We were completely pushed aside, and I'm not overstating that. I'm telling you the truth. When I said, well, why don't you do like your policy states, that you would do 75 percent for the environment and 25 percent of what you're putting back in the water table for the human side of the house, I was told to wait it out. That means wait forever, when we finally make a decision. So we -- they have not been forthcoming. We asked if we could put wells in the South Golden Gate Estates. You remember that conversation. And we were rebuffed, and said, no, that's not going to happen. So I would say to you that I believe that getting another agency involved in consumptive use permits is probably a bad choice and I'll leave it at that. Page 84 November 1, 2005 COMMISSIONER FIALA: Good presentation, Debbie. CHAIRMAN COYLE: Yeah. The policy statement, as it is written in our executive summary, seems to deal with the issue on a very appropriate -- in a very appropriate manner. So is there any concern about the existing policy statement? MS. WIGHT: What the county manager recommended, if you leave out the "protecting natural resources," then it would be in line with what Collier County supports. MR. MUDD: So this -- let me read it for you. It says, water reservation relates to the authority of the Florida Department of Environmental Protection to create water reservations for the purpose of protecting natural resources and the public health and safety; relates to requiring or providing criteria for a scientifically-based process for the establishment of water reservation and the maintenance of current statutory provisions protecting existing legal uses of water. All I'm saying to you is, your water districts are very environmentally-friendly, and now you're adding another environmentally- friendly agency controlling water use in the State of Florida. And I -- and I would caution you in that particular endeavor. CHAIRMAN COYLE: Well, let's get to exactly what it is we're going to vote on with respect to language. Now, I've got a policy statement on water reservations by Roy Anderson, public utilities engineering director, which I think is very, very good. And are we going to transmit that policy statement, or are we going to merely revise the policy statement that was discussed at the F AC committee meeting? MS. WIGHT: The statement in front of you on the executive summary is what F AC had put out. And the reason they sent us all back to our respective counties is because all the counties couldn't agree on a statement. They were all divided. COMMISSIONER HALAS: Yes. CHAIRMAN COYLE: Okay. Page 85 November 1, 2005 MS. WIGHT: And what Roy articulated very well is that -- is the conflict, the controversy, and that this is -- it's a big issue and why there is so much division. Jim Mudd pretty much said, to make F AC's palatable to Collier County, taking "protecting natural resources" out, would make the existing statement satisfactory. It's up to the board how you want to handle this. CHAIRMAN COYLE: Okay. So this -- the policy of FAC is being modified so that it will read, water reservation relates to the authority of the Florida Department of Environmental Protection to create water reservations for the purpose of protecting the public health and safety. COMMISSIONER HALAS: Safety. MS. WIGHT: According to the county manager, that would make it satisfactory to Collier County. And that's -- CHAIRMAN COYLE: Okay. And then the rest of it will remain unchanged. So we are eliminating the words "natural resources and." COMMISSIONER HALAS: Protecting natural resources. Those three words. CHAIRMAN COYLE: No. Leave in protecting because we're going to say protecting the public health and safety. COMMISSIONER HALAS: So protect natural. CHAIRMAN COYLE: Yeah, "natural resources and." MS. WIGHT: Right. CHAIRMAN COYLE: We'd take out those three words, and then we've got a concise statement. Now, are we forwarding to FAC Roy Anderson's policy statement, his rationale for making those -- that change? MR. MUDD: I would recommend that we do, sir. CHAIRMAN COYLE: Because I think it's very good. MR. MUDD: Yes, sir. CHAIRMAN COYLE: And it provides the argument for making Page 86 November 1, 2005 that particular change. Commissioner Halas? COMMISSIONER HALAS: Well, I was just going to ask utilities director Jim DeLony if he would basically be in agreement with what we're trying to accomplish here, because I think that this is going to have an effect on the citizens here in Collier County and also the future citizens here. MR. DeLONY: For the record, Jim DeLony, public utilities. County Manager Mudd has really put it out for you, sir, in my assessment with regards to someone else helping us with regard to water management and water management policy in the State of Florida. The balance of the equation currently is already there in my view with regard to the permitting processes and the permitting direction set down by the water management boards through the governor to make sure that balance of people and other needs are -- is there. The acid test for every permit is, do no harm. That's the first question I must answer when I apply for a water use permit or a consumptive use permit in the State of Florida. What -- and you can do no harm. It has to be for a valid public purpose, okay. And so you've already got a reservation policy embedded in the current process with the actors on the current stage. Now, when you bring in another agency, another set of actors with their own set of initiatives, then you may change that equation different to what it is today. Mr. Mudd's outlined for you clearly the challenge that we have in providing affordable and quality drinking water for people in Collier County given our history with the water management district. It would be my -- it's my recommendation, through Mr. Mudd, as laid out by Mr. Anderson's excellent paper, that we should go very carefully down the path toward water reservations beyond what we already have in law and practice today. That's what Mr. Anderson Page 87 November 1, 2005 says. Lastly, all that we do should be based strictly on the soundest of science, that we've got the cost benefit risk carefully laid out. And I don't see that in any of the language that I've seen prescribing that type of approach and deployment to this very fundamental decision for our county. And that's the reason we laid this out the way we did, and that's our recommendation, sir. Did I answer your question? COMMISSIONER HALAS: Yes, you did. I make a motion for -- that we send this on to F AC with the water reservation relates to leaving out the natural resources and also having the Roy Anderson's memo accompany this resolution. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: And Commissioner Fiala seconds the motion. Any further discussion? (No response.) CHAIRMAN COYLE: Any public speakers? MS. FILSON: No, sir. CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: It passes unanimously. Item #10F APPROVE SELECTION OF AB&B, A QUALIFIED FIRM AND AWARD A CONTRACT UNDER RFP 05-3835 "CONSULTING AND DESIGN SERVICES" FOR NEW ALIGNMENT AND Page 88 November 1, 2005 CAP ACITY IMPROVEMENTS TO SANTA BARBARA BOULEVARD FROM DAVIS BOULEVARD TO RATTLESNAKE HAMMOCK ROAD, COUNTY PROJECT NO. 60091 IN THE AMOUNT OF $1,160,034 - APPROVED MR. MUDD: Commissioner, the next item is item 10E -- excuse me, we just did that on 10E -- 1 OF, which is a recommendation to approve selection of AB&B, a qualified firm, and award a contract under RFP 05-3835, consulting and design services for a new alignment and capacity improvements to Santa Barbara Boulevard from Davis Boulevard to Rattlesnake Hammock Road, county project 60091 in the amount of$I,160,034. Mr. Norman Feder, transportation administrator, will present. MR. FEDER: Commissioners, this is to get the design firm moving on a project that's been in our five-year work program and our long-range transportation plan that is the extension of Santa Barbara Boulevard from Davis down to Rattlesnake. And I'd be happy to answer any questions you might have. COMMISSIONER FIALA: Motion to approve. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Fiala, second by Commissioner Coletta. Any further discussion? (No response.) CHAIRMAN COYLE: No public speakers? MS. FILSON: No, sir. CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. Page 89 November 1, 2005 CHAIRMAN COYLE: Any opposed, by like sign? (N 0 response.) CHAIRMAN COYLE: It passes unanimously. Item #10G AWARD OF BID 05-3894 IN THE AMOUNT OF $3,171,636 TO DOUGLAS N. HIGGINS, INC., FOR THE CONSTRUCTION OF THE POTABLE WATER MAIN AND LANDSCAPING IMPROVEMENTS ALONG US 41 PROJECT 71059 - AWARD BID AND RESUBMIT FOR RE-BIDDING FOR LANDSCAPE SLEEVING - APPROVED MR. MUDD: Commissioner, that brings us to the next item, which is lOG. It's a recommendation to approve award of bid 05-3894 in the amount of $3,171,636 to Douglas N. Higgins, Inc., for the construction of the potable water main and landscaping improvements along U.S. 41, project 71059. And Ms. -- MS. SRIDHAR: Sandy Sridhar. MR. MUDD: Yeah, and I should have it because she's been there for a while, so I'm sorry. MS. SRIDHAR: That's all right. MR. MUDD: Sandy Shanthi Sridhar from public utilities -- she's a Senior Proj ect Manager -- will present. MS. SRIDHAR: For the record, my name is Sandy Sridhar, Project Manager of Public Utilities Engineering. This presentation relates to item lOG. This is a recommendation to award bid 05-3894 for the construction of a water main on U.S. 41 from Rattlesnake Hammock Road to Barefoot Williams Road, approve the award of bid 05-3894 to Douglas N. Higgins in the amount of $3,171,636, and authorize the chairman to execute a standard construction contract with Douglas N. Higgins after approval Page 90 ..-.'- November 1, 2005 of county attorney's office. COMMISSIONER FIALA: I'd like to make a motion to approve this award to Douglas N. Higgins and to send the -- send back for another bid for the landscape sleeving, right, because you only have one bid, and the bids were too high on that one, right? MS. SRIDHAR: Yes, ma'am. COMMISSIONER HALAS: I'll second that. CHAIRMAN COYLE: Okay. Motion for approval by Commissioner Fiala with the motion to select -- or solicit other bids for the landscape sleeving -- COMMISSIONER HALAS: Landscaping. CHAIRMAN COYLE: -- and seconded by Commissioner Halas. Any public speakers? MS. FILSON: No, sir. CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (N 0 response.) CHAIRMAN COYLE: It passes unanimously. MS. SRIDHAR: Thank you. Item #10H AN ADDENDUM TO THE COUNTY MANAGER'S EMPLOYMENT AGREEMENT - EXTENDED EMPLOYMENT AGREEMENT FOR FOUR YEARS TO 9/30/2010 FOR JAMES V. MUDD. $25,000.00 TO SERVE A PUBLIC PURPOSE, RECOGNIZING THOSE PEOPLE WHO ASSISTED DURING Page 91 November 1,2005 HURRICANE WILMA - APPROVED MR. MUDD: Commissioner, the next item is 10H. It's to approve an addendum to the county manager's employment agreement. The Board of County Commissioners at the last meeting asked their chairman and the county manager to meet in closed door session to work out an agreement, an addendum to the employment agreement. I basically have stated to Commissioner Coy Ie, and I've also stated to other commissioners on this board, that my salary -- and my feeling is, my salary is sufficient, and I believe the contract as written for my salary is fine. I asked Commissioner Coyle in the negotiation if my contract could be extended for four years. That four-year extension addendum is on the particular item. I would ask you, instead of any kind of raise for me that this board would authorize $25,000 from the reserves to be brought forward so that I can use those particular dollars to be audited by the county -- to the Clerk of Courts, to use that money to give some mementos, coffee cup, maybe a dinner, something to the folks that worked in the EOC and in this county to help us recover from Wilma, and I don't have that authority. But I will tell you, that would mean more to me than any pay raise, and I'd like that. COMMISSIONER FIALA: Boy, do you -- COMMISSIONER HALAS: I'd like to make a motion. COMMISSIONER FIALA: -- deserve a four-year extension. What a great guy. Thanks. COMMISSIONER HALAS: I make a motion for extension of your contract, and also the $25,000 to be used and to be monitored by the Clerk of the Courts for the people who worked diligently in EOC for this last week. I think that's a great -- I think that's great of you in looking out for your fellow man. Page 92 _....,---- November 1, 2005 COMMISSIONER FIALA: Second. COMMISSIONER COLETTA: My honor to second that. MR. MUDD: Commissioner, can I also -- there are some people that didn't work in the EOC but were out there fixing sewer and water __ water particular issues, so I'd like to broaden that just a tad. COMMISSIONER HALAS: Sure. CHAIRMAN COYLE: Now, you're asking for approval to transfer money from the budget reserves, I presume, for this particular purpose. Is any ultimate approval necessary by the Board of County Commissioners concerning the expenditure of the money? MR. MUDD: Commissioner, it will be used for that particular purpose that I specified, and it would only be used as a way to say thank you to those people and to the volunteers that were there. You know, I could do a coffee cup for those people that said, thank you from the county, from Wilma. CHAIRMAN COYLE: We survived Wilma. MR. MUDD: Well, I would like to have the Wilma thing with the head of the character with the hurricane underneath, and basically say, Collier County says thank you. CHAIRMAN COYLE: Okay. Good, good. Okay. We have a motion to approve by Commissioner Fiala, and a secondly, I believe, by Commissioner Halas. MR. MUDD: Commissioner, one other thing in that thing, you might want to -- that $25,000 thing out of reserve, you might declare that as a public purpose. That would also help. COMMISSIONER FIALA: Yeah, that would make sense. MR. MUDD: It's a valid public purpose on that $25,000. COMMISSIONER FIALA: Okay. I'll include that in my motion. MR. MUDD: Crystal, does that get what you need? CHAIRMAN COYLE: Who made this motion? MS. FILSON: Commissioner Halas made the motion. Page 93 November 1,2005 Commissioner Coletta seconded it. CHAIRMAN COYLE: Commissioner Halas made the motion, and I made the switch. And Commissioner -- COMMISSIONER FIALA: I thought it was me, too. CHAIRMAN COYLE: Commissioner Fiala seconded the motion. MS. FILSON: No, Commissioner Coletta seconded the motion. CHAIRMAN COYLE: Commissioner Coletta seconded the motion. COMMISSIONER COLETTA: You need a lunch break. CHAIRMAN COYLE: And it's getting close to lunch. Commissioner Fiala has suggested to the motion maker that maybe he would like to -- COMMISSIONER HALAS: I'll add that to my motion, definitely. COMMISSIONER COLETTA: And I'll add it to my second. CHAIRMAN COYLE: Okay. So it's been added to the second. So we have a motion that approves the extension of the county manager's contract for another four years, until September 30, 2010, at the same base salary adjusted for annual cost-of-living increases, and to approve $25,000 to be used for the public purpose of recognizing those people who had a significant role in helping us prepare for and recover from Hurricane Wilma. MR. MUDD: Yes. CHAIRMAN COYLE: Okay. And is there any further discussion? COMMISSIONER HALAS: Yes. I would just like to say to the county manager, I appreciate working with you these last three years, and I know some of my other commissioners have worked with you almost four years, and I feel that this county has really moved in the right positive direction in regards to addressing the needs of the community. Page 94 November 1,2005 And I want to thank you very much for your dedicated service and the staff that you brought here to really get after a lot of issues that, for many, many years, were left dormant, were not attended to, and I believe we're right at getting on top of a lot of problems in this county, and we're going in the right direction. And I think we have -- we are lucky to have a person like you who is a visionary and who really wants to do the very best for everybody here. Thank you very much. CHAIRMAN COYLE: And I think I can second that on behalf of the whole board. Thank you very much. COMMISSIONER FIALA: We can do a couple more. CHAIRMAN COYLE: We can do a couple more? MR. MUDD: Did you vote on it? MS. FILSON: We need a vote. MR. MUDD: I don't think you voted yet. CHAIRMAN COYLE: I can't get away with anything here, can I? All right. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: It passes unanimously. Item # 101 RESOLUTION 2005-381: APPROVING THE HURRICANE WILMA WORKSITE AGREEMENT PROVIDING FEDERAL FUNDS UNDER A NATIONAL EMERGENCY GRANT TO COVER THE PRE-SCREENING COSTS, WAGES AND REQUIRED SAFETY EQUIPMENT FOR TEMPORARY WORKERS DUE TO THE EFFECTS OF HURRICANE WILMA - Page 95 November 1,2005 ADOPTED MR. MUDD: Commissioner, that brings us to 101, which is a recommendation to adopt a resolution approving the Hurricane Wilma work site agreement providing federal funds under a national emergency grant to cover the pre-screening cost, wages, and required safety equipment for temporary workers due to the effects of Hurricane Wilma. And Mrs. Len Price, your Administrator for Admin. Services, will present. MS. PRICE: Good morning, Commissioners. Len Price, Administrator for Administrative Services. This is a contract that we've had in place before, we used during Charley. It allows us to bring in folks who can help us with the cleanup efforts, and there is no cost to the county. It will be administered through the HR department. Any other questions? COMMISSIONER FIALA: Motion to approve. CHAIRMAN COYLE: Motion to approve by Commissioner Fiala. COMMISSIONER COLETTA: Second. CHAIRMAN COYLE: Second by Commissioner Coletta. Any further discussion? (No response.) CHAIRMAN COYLE: No public speakers? MS. FILSON: No, sir. CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (N 0 response.) Page 96 November 1, 2005 CHAIRMAN COYLE: It carries unanimously. Item #1 OJ RESOLUTION 2005-382: IN SUPPORT OF HURRICANE WILMA RELIEF AND RECOVERY OPERATIONS: RECOMMENDATION TO DIRECT THE COUNTY MANAGER TO SUSPEND THE ENFORCEMENT OF SUBSECTIONS 2.01.00.2, 2.03.07.J.3.A, 3.02.09.E, AND 4.02.22.C.1 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (ORDINANCE NUMBER 04-41, AS AMENDED) RELATING TO THE PROHIBITION OF THE PARKING OF TRAVEL/RECREATIONAL VEHICLES IN THE DRIVEWAYS OF SINGLE F AMIL Y RESIDENCES DUE TO THE EXTENSIVE DAMAGE CAUSED BY HURRICANE WILMA - ADOPTED MR. MUDD: Commissioner, the next item is item 10J. It's a resolution to support -- in support of Hurricane Wilma's relief and recovery operations. It's a recommendation to direct the county manager to suspend the enforcement of subsections 2.01.00.2 and 2.03.07.J.3.A and 3.02.09.E and 4.02.22.C.1 of the land -- of the Collier County Land Development Code, ordinance number 04-41 as amended, relating to the prohibition of the parking of travel or recreational vehicles in the driveways of single-family residences due to the extensive damage caused by Hurricane Wilma. And Mr. Joe Schmitt, the administrator for community development's environmental services, will present. MR. SCHMITT: Commissioners, for the record, Joe Schmitt, Administrator of Community Development, Environmental Service Division. This is just simply a request to -- just to waive or suspend the enforcement of the code to allow for travel trailers or recreational Page 97 November 1, 2005 vehicles in those residences or homes that require -- that had extensive damage that require repair, so -- COMMISSIONER FIALA: Motion to approve. MR. SCHMITT: If I could please clarify though that this will not override any deed-restricted communities. So though it's a county ordinance, a deed-restricted community certainly can continue to enforce based on their deed restrictions. MR. MUDD: Or they can waive theirs. MR. SCHMITT: Or they can waive that as well. So I think if we take the first step, at least this will allow us to meet some of the requirements for temporary housing. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: Joe, before you leave, could you -- at these subsections, could you give us some verbiage on what subsections here -- what's written in the subsections that we're going to waive, or is this going to be too long of an endeavor? MR. SCHMITT: It's basically all the areas in the code that deal with TT /R V sand -- well, travel trailers, recreational vehicles in residential areas. The first one is the general area, the second had to do with the Goodland overlay, the third area primarily had to do with specific zonings in the code, and the fourth, again, with some other specific zoning areas in the code. So it's just the areas throughout the code that define the restrictions for TT /R V in residential communities. COMMISSIONER HALAS: And how long are we going to -- MR. SCHMITT: Hundred and eighty days, Commissioner. COMMISSIONER HALAS: Pardon? MR. SCHMITT: Hundred and eighty days. COMMISSIONER HALAS: Okay. MR. MUDD: And we'll -- and we'll address based on -- and if it has to go longer than that, we'll come back to this board and address on an individual basis. Page 98 November 1, 2005 MR. SCHMITT: And we will validate that based on building permits or permits issued in regards to recovery operation. So we'll make sure that this does not run rampant. COMMISSIONER FIALA: My motion still stands. COMMISSIONER HALAS: I'll second on that. CHAIRMAN COYLE: Okay. Motion by Commissioner Fiala to approve, second by Commissioner Halas. Any further discussion? (N 0 response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. Item #10K RESOLUTION DECLARING A PUBLIC INTEREST AND NECESSITY IN REMOVING DEBRIS CAUSED BY HURRICANE WILMA ON OR ADJACENT TO PUBLIC AND PRIVATE ROADS THROUGHOUT THE COUNTY AND AUTHORIZING SUCH REMOVAL OF DEBRIS BY COLLIER COUNTY AS PART OF ITS EMERGENCY MANAGEMENT EFFORTS IN ACCORDANCE WITH CHAPTER 252.38 (3)(A)(5), FLA. STAT., COLLIER COUNTY ORDINANCE NOS. 84-37, 2001-45 AND 2002-50 (CODIFIED IN SECTIONS 38.56 THROUGH 38-70 IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES) AND IN ACCORDANCE WITH Page 99 November 1,2005 PROCLAMATION/RESOLUTION NO. 2005-367 DECLARING AND EXTENDING A STATE OF EMERGENCY FOR ALL TERRITORY WITHIN THE LEGAL BOUNDARIES OF COLLIER COUNTY, AS A RESULT OF EXTENSIVE DAMAGE CAUSED BY HURRICANE WILMA. - RATIFYING RESOLUTION 2005- 368 THAT WAS SIGNED BY THE CHAIRMAN ON OCTOBER 28 FOR DEBRIS REMOVAL - APPROVED MR. MUDD: Commissioner, the next item is item 10K. It's a resolution declaring a public interest and necessity in removing debris caused by Hurricane Wilma on or adjacent to public and private roads throughout the county, and authorizing such removal of debris by Collier County as part of its emergency management efforts in accordance with chapter 252.38(3)(a)(5), Florida statutes, Collier County ordinance numbers 84-37, 2001-45, and 2001-50, codified in Section 38-36 (sic) through 38-70 in the Collier County Code of Laws and Ordinances and in accordance with proclamation/resolution 2005-367 declaring and extending a state of emergency for all territory within the legal boundaries of Collier County as a result of extensive damage caused by Hurricane Wilma. And, Commissioner, this is a ratification of a -- of a resolution that Commissioner Coyle basically signed on Friday after we got the FEMA letter, and we wanted to make sure that we were in accordance with the FEMA letter so that we could pick up on private and public roads as far as that debris was concerned. COMMISSIONER HALAS: Motion for approval. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion to approve by Commissioner Halas, second by Commissioner Fiala. Any further discussion? (No response.) CHAIRMAN COYLE: No public speakers? Page 100 November 1,2005 MS. FILSON: No, sir. CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (N 0 response.) CHAIRMAN COYLE: It passes unanimously. Item #10L RESOLUTION 2005-383: IN SUPPORT OF HURRICANE WILMA RELIEF AND RECOVERY OPERATIONS: RECOMMENDATION TO DIRECT THE COUNTY MANAGER TO EXPAND THE NUMBER OF HOURS THAT CONSTRUCTION ACTIVITIES MAY OCCUR UNDER SECTION 54-92 (E)(2), MAXIMUM PERMISSIBLE SOUND LEVELS OF CONSTRUCTION SOUNDS, CHAPTER 54, CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA BY PARTIALLY SUSPENDING ENFORCEMENT OF SECTION 54- 92 (E)(2) AND ALLOWING CONSTRUCTION ACTIVITIES TO OCCUR FROM 6:30 A.M. TO 9:00 P .M. MONDAY THROUGH SATURDAY AND 9:00 A.M. TO 9:00 P.M. SUNDAY, WITH THE EXCEPTION OF THANKSGIVING DAY, THROUGH DECEMBER 23, 2005 - RESOLUTION - ADOPTED MR. MUDD: Commissioner, that brings us to the next item, which is item 10L. It's a resolution in support of Hurricane Wilma relief and recovery operations. It's a recommendation to direct the county manager to expand the number of hours that construction Page 101 November 1,2005 activities may occur under section 54-92( e )(2), maximum permissible sound levels of construction sounds, Chapter 54 of code of laws and ordinances of Collier County, Florida, by partially suspending enforcement of section 54-92( e )(2) and allowing construction activities to occur from 6:30 a.m. to 9:00 p.m. Monday through Saturday, and 9:00 a.m. to 9:00 p.m. Sunday, with the exception of Thanksgiving Day, and this period would be extended from today through December 23, 2005. Mr. Joe Schmitt, your Administrator for Community Development's Environmental Services, will present. MR. SCHMITT: Again, just briefly, this is just another emergency effort to -- or another emergency act to allow for contractors to work extended hours to deal with the repairs. It's fairly simple. It's in the codes of laws and ordinances. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: One question. How are we going to enforce it after the 23rd of December, because that will be Christmas Eve and Christmas day? MR. SCHMITT: It will be through code enforcement, just as always. We enforce these through the noise ordinance, through code enforcement. Michelle Arnold is here, your code enforcement director, if you want to discuss our normal enforcement procedures, but it would be through code enforcement. COMMISSIONER HALAS: My question is, are you going to, some way or another, get this out to the media that everything will cease on December 23rd in regards to this, and then we'll address this issue again probably after the first of the year if we need to? MR. SCHMITT: Yes, yes. We will make sure that this is widely disseminated through the media -- COMMISSIONER HALAS: So that people don't work over the Christmas holidays. MR. MUDD: And I want to make sure that we didn't -- we didn't Page 102 ,,~""---_..,.~,._'~ November 1, 2005 state this, but let's make sure we do. And the hours are there, but I want to make sure that it's for the repair and restoration of structures and buildings that were damaged by Hurricane Wilma. MR. SCHMITT: Yes, only. MR. MUDD: This is not a carte blanche-- MR. SCHMITT: This is not carte blanche. MR. MUDD: -- for you to start working through building your building, okay, that you normally scheduled, or building your road or building your Wal-Mart or Target or whatever. This has only to do with -- COMMISSIONER HALAS: Storm damage. MR. MUDD: -- storage damage and repairing that stuff that was damaged just by Hurricane Wilma. MR. SCHMITT: It basically allows, as the county manager said, for a roofer to do work on Sunday. COMMISSIONER HALAS: Motion for approval. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion for approval by Commissioner Halas, second by Commissioner Fiala. Any further discussion? MS. FILSON: No, sir. CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It carries unanimously. MR. MUDD: Commissioners, you have a time certain, 12 noon, closed executive session, and I would recommend that we go to that, Page 103 ..._-",," ,-"-~-~._'-^ November 1,2005 and we'll finish up those two items later this afternoon. CHAIRMAN COYLE: Okay. We are recessed until one o'clock. (Luncheon recess was had.) MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, you have a hot mike. CHAIRMAN COYLE: Okay. We're back in session. I think we're going to 10M. No, no, we have a time certain at one o'clock. Item #12B DIRECTION GIVEN TO OUTSIDE COUNSEL, PAUL ULLOM, ESQ., OF THE LAW FIRM CARL TON FIELDS, AND THE OFFICE OF THE COUNTY ATTORNEY REGARDING SETTLEMENT NEGOTIATIONS AND/OR STRATEGY RELATED TO LITIGATION EXPENDITURES IN THE CASE OF COLLIER COUNTY V. UNITED ENGINEERING CORPORATION, CASE NO. 04-3363-CA, PENDING IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, NAPLES, FLORIDA, AND RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ALSO GIVE DIRECTION CONCERNING SETTLEMENT OR OTHER ACTION IN RELATED DISPUTES INCLUDING WITHOUT LIMITATION TO RELATED DISPUTES WITH THE ENGINEERING FIRM OF METCALF & EDDY - ATTORNEY TO ACCEPT THE SETTLEMENT OFFER - APPROVED; BOARD GAVE DIRECTION TO THE COUNTY ATTORNEY'S OFFICE TO CONTINUE NEGOTIATION TO PROCEED TO RESOLVE THE CASE AND IF NEGOTIATIONS CANNOT BE MADE TO FILE LEGAL SUIT - APPROVED Page 104 November 1, 2005 MR. MUDD: This is 12B, sir. CHAIRMAN COYLE: Yes. MR. MUDD: This item is time certain at one p.m. in open session. It's a recommendation to the Board of County Commissioners, number one, give direction to outside counsel, Paul Ullom, Esquire, of the law firm Carlton Fields, and the Office of County Attorney regarding settlement negotiations and/or strategy related to litigation expenditures in the case of Collier County versus United Engineering Corporation, case number 04-3363-CA, pending in the 12 (sic) Judicial Circuit, in and for Collier County, Naples, Florida; and, Number two, a recommendation that the Board of County Commissioners also give direction concerning settlement or other action in related disputes including without limitation to related disputes with the engineering firm of Metcalf & Eddy. And Mr. Mike Pettit, your assistant county attorney, will present. MR. PETTIT: Good afternoon, Commissioners. For the record, Mike Pettit, Chief Assistant County Attorney. Weare here to seek your advice on a proposal for settlement we have received in the lawsuit between Collier County and United Engineering Corporation arising out of construction issues at the South Water Treatment Plant expansion project. At this time, generally, United Engineering Corporation has offered to pay the county $1.8 million and release other claims that they contend they have against the county, including a claim related to a generator valued, at least from their perspective, at at least $1.6 million. We would then exchange mutual releases in that matter, and that would resolve that litigation. So we seek your advice or direction on that proposal. CHAIRMAN COYLE: Okay. Commissioners have any questions? (N 0 response.) Page 105 November 1, 2005 CHAIRMAN COYLE: Okay. Is there a motion? COMMISSIONER COLETTA: Motion that we follow the directions of counsel. CHAIRMAN COYLE: Okay. Motion by Commissioner Coletta COMMISSIONER HALAS: Second. CHAIRMAN COYLE: -- and seconded by Commissioner Halas that we direct the attorney to accept the settlement offer in the case of Collier County versus United Engineering Corporation. MR. PETTIT: Thank you, Commissioners. CHAIRMAN COYLE: Now, do you need a motion on the Metcalf & Eddy issue? MR. PETTIT: Yeah. Let me just briefly address that, sir. We also have disputes, although they are not the subject of litigation at this time, with the engineering firm on that proj ect, Metcalf & Eddy. We are holding $251,000 against them for errors we believe they committed on the proj ect. We believe they may have committed additional substantial errors. From their point of view, they believe that they are owed that $250,000, and they also contend we owe them an additional $1.1 million. Weare attempting, with staff and Mr. Ullom, as lead counsel, to negotiate those claims. They are, as I said, not the subject of litigation. The direction that staff and Mr. Ullom and I would like today is this, allow us to continue to proceed to negotiate and protect the county's interest in that dispute, and if necessary give us the leave by your authority today through a motion, if Metcalf & Eddy will not negotiate in good faith, to file a lawsuit against them. CHAIRMAN COYLE: Okay. Let's take them one at a time. We have a motion on the floor with respect to the United Engineering Corporation case. Any further discussion? Page 106 --~. November 1, 2005 (No response.) CHAIRMAN COYLE: All in favor please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. Now, with respect to the Metcalf & Eddy case, is there a motion to provide direction to counsel to proceed with negotiations to resolve the case, and if Metcalf & Eddy fails to do so, that we will pursue legal action. COMMISSIONER FIALA: So moved. COMMISSIONER HALAS: So moved. CHAIRMAN COYLE: Okay. Motion by Commissioner Fiala, second by Commissioner Halas. Any further discussion? (N 0 response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: It passes unanimously. MR. PETTIT: Thank you, Commissioners. CHAIRMAN COYLE: Okay. Thank you. Item #10B RESOLUTION 2005-383A: THE PLANS, SPECIFICATIONS, Page 107 -..-....---.. November 1, 2005 AND COST ESTIMATES CONCERNING THE PROPOSED PROJECT TO RESTORE THE LAKE BETWEEN 107TH AVENUE NORTH AND 108TH AVENUE NORTH, TOGETHER WITH THE TENTATIVE ASSESSMENT ROLL AND METHODS OF ASSESSMENT; PROVIDE ADVANCE FUNDING FOR THE PROJECT; AND PROVIDE FOR PAYMENT OF THE SPECIAL ASSESSMENT- ADOPTED - W/STIPULATIONS MR. MUDD: Commissioner, that brings us to another time certain item, and that's item lOB. This was to be heard at one p.m. after 12B, and we're doing quite well. Recommendation that the board approve the plan specifications and cost estimates concerning the proposed proj ect to restore the lake between 107th Avenue North and 108th Avenue North, together with the tentative assessment roll and methods of assessment; provide advance funding for the project; and provide for payment of the special assessment. And Ms. Diana Flagg, your Director of Alternative Transportation modes, will present. MS. FLAGG: Good afternoon, Commissioners. This is a project that has been discussed at length with the property owners. The outcome following the advertisement by the clerk and the estimation of the plans and specifications for the proj ect is based upon the property owners' linear foot to the lake, they would be assessed an amount to pay for restoring the lake to an original condition. The only question at this point is whether this project can be established as the public purpose in order to advance the 40,000 for the funding for the project of the property owners. CHAIRMAN COYLE: Okay. Commissioner Halas? COMMISSIONER HALAS: I thought that we pretty much went over that bridge the last meeting in regards that we felt at the time when we moved this forward that it was in the public interest. And I Page 108 .".---",^","-, November 1, 2005 believe at that time that we established a price limit of $40,000. So unless there's any other questions by my commissioners, I -- unless there's some other additional information that I'm not privy of, then I make a motion that we approve this. MS. FLAGG: Okay. MR. MUDD: Commissioner, I'd like to interject a bit on the public purpose, okay, because I think we need to have -- when you're voting, you need to make sure that you're voting for that particular item in this particular case, because you are advancing monies for this particular proj ect. First of all, in Naples Park drainage is a problem. Back when the Naples Park area drainage improvement municipal service taxing and benefit unit was established in '86, it was a problem. They collected monies, and they basically fixed up areas around it, from what I've been told, 9Ist and 92nd Avenues North and various locations on Vanderbilt Drive, and phase two being reconstruction of all the remaining roadside swales in Naples Park. And I can't tell you where we are in that particular regard on phase two, but I don't believe it ever got that far. So it is a bad situation. They get a heavy rain, it floods. In this particular case, you have a lake that's in back of these two streets, I07th and I08th, and it basically benefits the homeowners that circle that lake that have their drainage go to the back of their lake and into this pond. If this -- let's call it a pond. If this pond/lake wasn't there, then all their drainage would go out into Naples Park, okay, and it would exacerbate an already bad drainage situation. In this particular case, they are trying to eradicate the vegetation that's overgrown the lake so that it doesn't clog it up and basically choke the lake off in that particular regard. There was some discussion about dredging, and I don't know if they're dredging, but I know for a fact that they are going to use a herbicide and clear the Page 109 -~"""""-~.~ November 1, 2005 vegetation out so that it doesn't sit there and fill the lake up so it looses its stormwater retention capacity. I believe -- and I've talked to our stormwater director previous to this and Gerry Kurts, who's the acting stormwater director about this, and we are of the opinion if it didn't exist, that stormwater that they have on those properties would go to a bad situation in Naples Park. And we believe that having this lake, even though it's for only some 40 some odd homeowners, for their benefit, it does help the neighborhood, because those 40 homeowners aren't basically draining out into the neighborhood. And if it didn't exist, then it would. By using a herbicide on the lake and not letting it fill in with vegetation, it also prevents it from becoming a vector problem, i.e., you don't get palm rats and other things like that that would be out into the neighborhoods coming from this particular lake. So with that said, I believe there is -- it -- we have to go out a couple years and look at what happens if it didn't exist. But if you do that, then there is a public benefit that this lake remain and serve as stormwater retention for those 40 some odd homeowners that basically abut it. CHAIRMAN COYLE: But the taxation will include only the 40 owners that abut? MS. FLAGG: That's correct. COMMISSIONER HALAS: That's correct. CHAIRMAN COYLE: We have a motion on the floor by Commissioner Halas for approval. Is there a second? COMMISSIONER COLETTA: I'll second it. CHAIRMAN COYLE: Second by Commissioner Coletta. COMMISSIONER COLETTA: And that includes the recommendations from staff? COMMISSIONER HALAS: That includes the recommendations from staff that's addressed, what they brought up, yes, that it would not exceed $40,000, and approve the plan specifics, cost estimates, Page 110 ----~.._. .__........"'~ November 1,2005 tentative assessment roll, and adapt the same for the purpose of assessing the lots and parcels within the district specifically benefited by the lake restoration. MR. MUDD: And it serves a public purpose. COMMISSIONER HALAS: And it serves a public purpose. MS. FLAGG: So that the 40,000 -- not to exceed 40,000 would be advanced to the -- COMMISSIONER HALAS: Not to exceed 40,000, that's correct. MS. FLAGG: -- MSBU. COMMISSIONER COLETTA: And that's included in my second. COMMISSIONER HALAS: And we're lending them the money with the idea that these homeowners are to be assessed, and that's how we're going to get this back. And I believe there's also a portion in there where there's a one percent per month compounded monthly. MS. FLAGG: Item five. COMMISSIONER HALAS: Item -- the county, in the amount of one percent per month, compounded monthly, or at such other payment terms as the board seems just and appropriate. MS. FLAGG: Correct. COMMISSIONER HALAS: Or unpaid assessment generated -- generated interest only to the county. CHAIRMAN COYLE: Okay. So we have a motion by Commissioner Halas to advance an amount not to exceed $40,000 for the purpose of restoring the lake and that it serves a valid public purpose, and it's seconded by Commissioner Coletta. We have two public speakers. MS. FILSON: Yes, sir. The first one is Tom Mooney-- MR. MUDD: Mr. Mooney, Ms. Showalter-- MS. FILSON: -- he'll be followed by Jeannette Showalter. MR. MUDD: -- you want to talk us out -- you want to talk them Page 111 November 1, 2005 out of this particular item? MS. SHOWALTER: I don't. MR. MOONEY: I want to say thank you, county manager's office, Jim Mudd, county attorney, Diane Flagg's help, and county commissioners for approving this. Thanks. CHAIRMAN COYLE: Thanks for your persistence. MS. FILSON: Jeannette, did you want to say something? MS. SHOWALTER: I just want to thank you. MS. FILSON: That's it. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes, I just had, just a clarification. I notice that even though we're going up to 40,000, that staff had actually negotiated a contract or rather negotiated a cost down, way down to 16,500, and I thought -- I just wanted to commend you on that. That's great. That's going to save these homeowners a lot of money, and I wanted to get that on the record. And also the second thing I wanted to say was, usually in an MSTBU or MSTU, anyway, they collect it like at the year-end tax. But it says here that they're going to send a notification out, and then __ and that's how they're going to pay that; is that -- I just wanted to clarify that. MR. KLATZKOW: It's such a small benefit unit that for keeping of the expenses down to the homeowner, is what we'd have to put on there, I thought that the best way to do it is simply send out invoices to them and do it that way. COMMISSIONER FIALA: Okay. And then it's just a one-time fee and it's all done with it, right? MR. KLATZKOW: All done. COMMISSIONER FIALA: Okay, great. Thank you very much. CHAIRMAN COYLE: Any further discussion? (N 0 response.) CHAIRMAN COYLE: All in favor, please signify by saying Page 112 ..^ ,~__,<.. ~"",,-,__"M' November 1,2005 aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: It carries unanimously. Congratulations. COMMISSIONER HALAS: I just want to thank Diane Flagg and the county attorney for their perseverance on this to address issues here for the public. That's what we're here for is to make sure that we administer the needs of the public in communities of this nature. Thank you. CHAIRMAN COYLE: Thanks. Item # 10M REPORT TO THE BOARD OF ALL EMERGENCY PURCHASE ORDERS ISSUED UNDER SECTION XX OF THE COUNTY'S PURCHASING POLICY IN PREP ARA TION FOR AND IN RESPONSE TO HURRICANE WILMA - APPROVED MR. MUDD: Commissioner, the next item is item 10M. It's a report to the board of all emergency purchase orders issued under section 20 of the county's purchasing policy in preparation for and in response to Hurricane Wilma. And Steve Carnell, your Director of Purchasing, will present. MR. CARNELL: Good afternoon, Mr. Chairman, members of the board, Steve Carnell. Just briefly. The agenda item being added today is being added to report to the board the emergency purchase authorizations that have been issued by your purchasing department in accordance with your purchasing policy under the emergency purchase provision as I think the board and our community's familiar with. Page 113 November 1, 2005 Purchases over $25,000 are traditionally authorized by the five of you. And in this instance, because of the storm and preparations and in response to the storm, there were a number of purchase orders that had to be issued administratively above that $25,000 threshold. And what we do in that circumstance is the county manager is authorized to act, instead of the board, with the understanding that we report these transactions to the board at the first available meeting. So here we are today reporting those transactions, and we would requestion your ratification of this report. COMMISSIONER FIALA: So moved. CHAIRMAN COYLE: Motion by Commissioner Fiala -- COMMISSIONER HALAS: Second. CHAIRMAN COYLE: -- for approval, second by Commissioner Halas. Any further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (N 0 response.) CHAIRMAN COYLE: It passes unanimously. Item #10N RESOLUTION 2005-384: EMERGENCY AMENDMENTS IN SUPPORT OF HURRICANE WILMA RELIEF AND RECOVERY OPERATIONS: RESOLUTION AMENDING THE COLLIER COUNTY ADMINISTRATIVE CODE FEE SCHEDULE OF Page 114 ".,-,~,_._- --"..- November 1, 2005 DEVELOPMENT-RELATED REVIEW AND PROCESSING FEES AS PROVIDED FOR IN CODE OF LAWS SECTION 2-11. - ADOPTED RESOLUTION 2005-385: TEMPORARY BANNERS FOR BUSINESS SIGNS UNTIL FIXED AND NOT TO EXCEED THE 6 MONTHS TIME FRAME - ADOPTED MR. MUDD: Commissioner, the next item is item ION, and that's an emergency amendment in support of Hurricane Wilma relief and recovery operations. This is a recommendation to adopt a resolution amending the Collier County administrative code fee schedule for development-related review and processing fees as provided for in code and laws section 2.11. And Mr. Joe Schmitt, your Administrator for Community Development and Environmental Services will present. And Commissioners, I'd ask your indulgence after this item is executed one way or the other by the board, I'd ask Joe to give you a quick update of a certain emergency meeting that was done yesterday that has to do with this particular item. MR. SCHMITT: Let me just stress -- again, for the record, Joe Schmitt -- that what this was -- this was on your summary agenda, and it was a fee adjustment originally just to accept the new building valuation tables as part of the Florida Building Code. We took the opportunity then to pull this from the summary agenda because I had to add an emergency fee of $25 that basically was a fee to authorize out-of-jurisdiction contractors to come into Collier County to register for Collier County license and -- license to operate in Collier County, so that fee was added for emergency situations at the declaration by the Board of County Commissioners, that if an emergency exists, we would allow out-of-jurisdiction contractors to come into Collier County to register to work in Collier Page 115 ~.. ----~~.._' . "-,,~ "'-.~.".._.^ November 1,2005 County, and that's what that fee is for. So it's two different sections. One was addition of a $25 fee, and the second is a -- was just the acceptance of the building valuation tables. The redefinition of valuation tables. Those are the construction values that are assigned as part of -- or at least the classifications that are part of the Florida Building Code, and that's how we basically come up with the cost of a building permit. So without getting into much more depth, subj ect to your questions, that pretty much concludes my presentation. CHAIRMAN COYLE: Joe-- MR. SCHMITT: Yes. CHAIRMAN COYLE: -- I have a question for you -- MR. SCHMITT: Yes. CHAIRMAN COYLE: -- with respect to out-of-state licensed contractors. MR. SCHMITT: Good. CHAIRMAN COYLE: First I presume that you do require that they show you evidence of a -- MR. SCHMITT: Yes. CHAIRMAN COYLE: -- contractors' license in another state, but my second question is, how do we assure compliance with the state building codes that have proven so helpful in this particular hurricane in reducing structural damage? I understand we're going to have inspectors, but is there any danger there? MR. SCHMITT: Can I go back? And I hear your question, Commissioner. But we are not allowing for out of state registration. This is out of jurisdiction. So that would be somebody from, let's say, Miami/Dade or somebody from Sarasota. Weare still requiring in-state licensing that -- but it says -- what we did yesterday, and let me -- CHAIRMAN COYLE: Well, Joe, wait a minute, let me read you __ it says, the creation of the fee allows a licensing supervisor to issue Page 116 ~,",--",., November 1, 2005 contractors' licenses to out-of-county and out-of-state contract licensed contractors. MR. SCHMITT: Well -- and we did put that in for the fee, but we have still not given any approval for out of state. So I can go into the second item, I'll discussed what happened yesterday at the Contractor Licensing Board just to put aside any concerns in regards to out of state. So if I can -- I'll go into that. CHAIRMAN COYLE: Are we eliminating the out-of-state licensing? MR. SCHMITT: If you want to illustrate that. CHAIRMAN COYLE: Well, I don't have a problem as long as you've got a way to safeguard against -- MR. SCHMITT: Yeah. CHAIRMAN COYLE: -- to make sure we've got-- MR. MUDD: Commissioner, I'd eliminate it. CHAIRMAN COYLE: Okay. MR. SCHMITT: I'd -- I would -- then you can strike that, and my building director here -- Bill Hammond's here, and we can discuss all the concerns. Because I asked Jim -- I know this is going to come up. But yesterday at the Contractor Licensing Board, we had an emergency meeting that authorized the -- basically under the code of laws and ordinances, there is a portion of the law that in an emergency __ this is your Contractor Licensing Board -- that does empower the contractor licensing supervisor to issue and regulate selection of contractors and subcontractors from other jurisdictions. We went to the Contractor Licensing Board yesterday and asked the board to approve for out of jurisdiction, not out of state, but out of jurisdiction. And basically at least since Tuesday afternoon, we probably had over 60, I'll say Monday afternoon, we've had over 60 out of jurisdiction tree removal and debris removal contractors. Now, we've put a limit on that. Sixty is more than enough. Page 11 7 __.__ ".__.m"". November 1,2005 But this does allow for out-of-jurisdiction roofers and other type of contractors to come into the county to legally work within the county, and Bill certainly can highlight any concerns in regards to validation to ensure that they meet all the qualifications. We ensure that they're properly insured, that they have the -- at least the proper insurance and all the credentials necessary to ensure that the work is done in accordance to the Florida Building Code. CHAIRMAN COYLE: Can we say then that we're going to provide approval for the licensing supervisor to issue contractors' licenses to State of Florida licensed contractors regardless of what county they're in? MR. SCHMITT: On the fee resolution, if you want to strike out the word state, that is fine, and we would do that. COMMISSIONER HALAS: We want the state in. CHAIRMAN COYLE: Yeah, want the State of Florida. MR. SCHMITT: State of Florida. COMMISSIONER HALAS: State of Florida. CHAIRMAN COYLE: Out of state, we want to strike that. MR. SCHMITT: Strike that out, okay. CHAIRMAN COYLE: There's no confusion. MR. SCHMITT: We will do that, strike the words out of state. So basically it would be out of jurisdiction, which means out of county. CHAIRMAN COYLE: But I would prefer to say it would have to be a Florida licensed contractor. MR. SCHMITT: Yes. The Contractor Licensing Board did that yesterday. All you're doing here is approving a fee for us to do that registration. MR. MUDD: Commissioner, we will make it quite clear -- MR. SCHMITT: Want to make it quite clear. MR. MUDD: -- that it's only State of Florida contractors no matter what county they're from. Page 118 ~.'",,,-,._;,,"--- November 1,2005 CHAIRMAN COYLE: Good. That's perfect. MR. SCHMITT: Just so you know and understand, since Monday we've had our code enforcement folks, building inspectors and contractor licensing out inspecting to ensure that contractors, especially those we saw with out-of-state and even out-of-county license plates, that they were properly insured and properly registered, and they've been working in concert with the Department of Business and Professional Regulation, which is your -- the state agency that controls all the licensing processes for the trades in the building industry . And so we've been -- we've been extremely meticulous on that since Monday afternoon, since the storm passed. I've had basically almost 64 folks out pretty much doing that work for the past week. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: My question is, in regards to our codes, how are these people that are not familiar with our codes here in Collier County going to be held to the fire, I guess you'd say, hold their feet to the fire to make sure that they're within the codes of the county here? MR. SCHMITT: Well, let me have Bill Hammond, your Building Director, I'm going to have him tell technically. But the building codes that we use in Collier County are the state building codes, and that's different from the land development code. COMMISSIONER HALAS: I understand. MR. SCHMITT: So Bill, do you want to qualify on that, just go ahead. MR. HAMMOND: Good afternoon, Commissioners, Bill Hammond, your Director of Building Review and Permitting. And Joe Schmitt's exactly correct. Florida's very fortunate in that we do have a uniform building code throughout the state that all the municipalities and counties have adopted. Collier County has not adopted any technical amendments to the Page 119 November 1,2005 Florida Building Code, so that means what the Florida Building Commission approved is what we -- is what we enforce, so we don't have any special demographic or geographic requirements within our code. What the Contractor Licensing Board did direct the supervisor of contractor licensing to do is to ensure that any out-of-jurisdiction contractors that we license have all of the requisite insurance and can have proof of comparable testing for their licenses. Comparable testings with the same tests that we require here in Collier County. So -- and he still -- and he will allow the supervisor of contractor licensing to still disqualify anybody that they feel do not meet any of those comparable test to operate here in Collier County. COMMISSIONER HALAS: Good to hear. MR. SCHMITT: If I could just give an example, we had one come up to the county on Tuesday, had a janitorial for the State of Florida, claims to have a -- that he was a general contractor and that he was qualified in other areas. And we said, thank you very much. Until you bring the paperwork back to validate -- because he wanted to do debris cleanup. And we said, no, we're not issuing a permit. So we are enforcing it. And basically our policy is to ensure that the folks who are coming from out of jurisdiction coming here to Collier County will do work in accordance with the criteria as defined in the licensing procedures in the State of Florida. COMMISSIONER HALAS: And if they don't uphold those -- those codes, will we be able to bring them forward to the Contractor Licensing Board? MR. SCHMITT: Absolutely, Commissioner. COMMISSIONER HALAS: Okay. Before they leave town? MR. SCHMITT: Well, we will deal with them. COMMISSIONER HALAS: Okay. MR. SCHMITT: Yes, we can deal with them either through the Contractor Licensing Board or through the state. Page 120 November 1, 2005 COMMISSIONER HALAS: Okay. MR. SCHMITT: And I'm coming back to talk to you anyway about our Contractor Licensing Board and how they work in concert with code enforcement to do exactly those kind of things. COMMISSIONER HALAS: Okay. Thank you. CHAIRMAN COYLE: Okay. Is there a motion for approval? COMMISSIONER COLETTA: Motion to approve. CHAIRMAN COYLE: Or denial? Commissioner Coletta, motion for approval. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Second by Commissioner Fiala. Any further discussion? (No response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: It passes unanimously. Thank you. MR. SCHMITT: Can I ask -- take a moment to ask the board's indulgence. There is a few other things that we may need some guidance on. There are a lot of signs that are blown down. Do you want us to look at some kind of relief for banners or other type of things that would allow for temporary use of banners because of the number of signs closing down -- or that blew down? Again, those are violations of the sign code. We may have to look at that. I'm also going to be coming back to you with some definitive -- and we're going to be, through the media as well, especially with the type of trees that can be replanted in neighborhoods. I think there's some misinformation out there. But Ficus trees are Page 121 ,_."""""-~,,,-...,.....,,,,,,,,,,,----_.. November 1,2005 prohibited. They're on the exotic list now. And if a Ficus tree has gone down, they can attempt to restand it, I have no control over that. But we're going to put something out very definitive saying that if you replant, you now have to meet the certain prescribed species, and we'll be coming out -- coming back with very definitive language on that. So I threw a couple of those out. Also, so you know and understand, we're going to be dealing with the build-back policy. Docks, another great example. Normally when a dock is damaged, it's pretty much destroyed and you'll exceed the 50 percent rule, and we'll be looking at -- at least I'll be talking to my staff today and trying to come up with some criteria. Pretty much, if you build within the footprint, you'll probably just be allowed to build with a building permit if there's an inspectable type requirement, like plumbing or electrical over water. But if it exceeds the original footprint, again, now we're talking about going through the normal process. So you're going to be inundated with this probably over the next four to six to eight weeks in regards to questions. And it's going to be kind of -- it depends on what was there before, the build-back policy, and how much they want to go beyond it. Because if they go beyond it, it does trigger other requirements, site plans, a site -- SDP or a side plan or some other type of development order. So this is going to be tough, tough issues to deal with. But I would ask a questions on the signs. Do you want us to come back with some kind of relief, at least for banners? Because we can do that now, and at least allow folks to puts up some kind of banner so their businesses aren't impacted. Most of the signs, interestingly enough, the new sign ordinance, a lot of the signs did pretty well. But some of the higher profile signs did not do as well. And we're going to begin dealing with the conflicts there with the code, and pretty much if they put back what was there, then they can Page 122 .,-- November 1,2005 leave the existing sign and the existing copy. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yeah. I think that we need to do everything we can to help businesses restore their volume that they had before. If they're not busy, then, of course, the people that are employed by them are out of work. So I think as a temporary measure __ and I can't tell you how long that should be -- we should allow banners or temporary signs to be able to identify businesses for what they are. CHAIRMAN COYLE: Commissioner Halas? MR. SCHMITT: If you want to make a vote on that, I think -- I'd turn to the county attorney, if we could have some kind of -- COMMISSIONER HALAS: I'd like to make -- in the motion, if he would include up to six months, and then we can readdress it. But I would think by six months, most of the people will have their signs replaced by that point in time. MR. SCHMITT: My sign folks came in Monday afternoon and started working Monday afternoon with contractors on replacements, so -- COMMISSIONER COLETTA: I think six months IS a very generous time, and I'll include that in my motion. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Now, we had a motion on the table before that we hadn't voted on. MS. FILSON: Yeah, we voted on it. We voted on the first motion. CHAIRMAN COYLE: Okay, the first one. All right. N ow we've got another motion to permit banners, temporary banners. MR. SCHMITT: It would be a temporary. And we, again, would try and control that, but it would be -- certainly if the sign's missing, the folks are going to want to advertise at least, we're open. Page 123 November 1, 2005 And I don't need -- we don't need code enforcement -- MR. MUDD: But let's be a little more specific, okay, because if you say six months and you say you can have banners out there, and if their sign gets fixed, does the banner come down? MR. SCHMITT: Banners come down. COMMISSIONER HALAS: Banners come down. COMMISSIONER COLETTA: Banners come down. MR. MUDD: We want to basically say, you can have temporary banners until your sign is fixed, no longer than six months, and I think then you've got it pinned down. COMMISSIONER HALAS: Then we've got it locked. COMMISSIONER COLETTA: And I clarify my motion to say that. CHAIRMAN COYLE: Okay. I have a motion by Commissioner Coletta to permit temporary banners until the primary signs are repaired or to a maximum of six months. Seconded by Commissioner Fiala. And any further discussion? (N 0 response.) CHAIRMAN COYLE: All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COYLE: It passes unanimously. MR. WEIGEL: Mr. Chairman, I would ask that a resolution number be reserved and we'll put this in written form. MR. SCHMITT: Yeah, we'll put it in written form. Thank you, David. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: Yes. Thank you, Chairman. Page 124 <-,,----" November 1,2005 Joe, could you be a little more specific in regards to the build-back of docks. Just what are you referring to here? MR. SCHMITT: Well, you know, it's -- we've had this problem before, Commissioner. It's -- we have a 50 percent rule, and our recovery ordinance, which has been under amendment for a while, we've never really locked down the build-back policy. So I'm compelled to live with the existing policy, even though we have a new ordinance out there, but it hadn't come to the board yet. But it's the 50 percent rule. But it's hard to do it with a dock. I mean, let's face it, you pull up the planking and chests, or the -- you're a Navy guy -- stringers. Thank you, lost that word. Had to ask my Navy guy here. The stringers. Normally -- I know, Jim. Normally it's pretty easy to hit that 50 percent threshold. What we've been doing is saying, okay, replace the decking or chests and the stringers, we allowed them to rebuilt as long as the footprint didn't change, so -- COMMISSIONER HALAS: Right, okay. MR. SCHMITT: That is pretty much what we're going to be looking at is, as long as they put the dock back where it was existing. I would -- it appears that most of them are still going to have the pilings in, they just need to replace the structure itself. But if they want to replace the entire dock or enlarge it or one of those things, then we trigger into basically a new development or a new criteria, and we'll be putting something out specific on that as well. COMMISSIONER HALAS: Well, I would think that just common sense would say, if you have to start replacing the pilings, then obviously you've got something that's more serious than just replacing the stringers and the decking. MR. SCHMITT: Right. COMMISSIONER HALAS: And I don't see anything wrong with that, or if they want to, like you said, want to exceed the -- go outside the original footprint, then we've got a problem. Page 125 November 1,2005 MR. SCHMITT: Right. COMMISSIONER HALAS: But if everything is put back exactly the way it is, I don't think there's a real problem there. I don't know what my other commissioners think, as long as you're not putting in pilings and everything else to replace it. MR. SCHMITT: We -- Susan and -- Susan Murray, Bill Hammond and I and actually Bill Lorenz, because it may trigger some federal permits as well, we're going to meet this afternoon. We'll come back and make sure we at least have a policy that meets the intent of the code so that we don't inhibit the process, because certainly we want to get people back on their feet. COMMISSIONER HALAS: Right. MR. SCHMITT: But it does not -- it's not under emergency repair where you don't need a building permit. You still need a permit because there will be inspectable items normally with that type of work. COMMISSIONER HALAS: Now, my other question is, you said that if it triggers something -- a federal requirement, how could that -- how would that fall under the picture here? MR. SCHMITT: Well, with a dock, any time you're dealing with a dock, you're dealing with section 10 of the rivers and harbors act or section 404 of the clean water act that the federal permitting process controls. COMMISSIONER HALAS: Okay. MR. SCHMITT: And it may require a Corps permit. And-- COMMISSIONER HALAS: We discussed that? MR. SCHMITT: Yes. We discussed that before. We're trying to go back and get a regional permit. But I think we can work with the state and with the fed -- the Corps in Ft. Myers to try and expedite that process as well. But there are going to be a lot of folks requesting docks and dock replacements. COMMISSIONER HALAS: Now, in getting back to the -- Page 126 - November 1, 2005 putting in the pilings. MR. SCHMITT: Yes. COMMISSIONER HALAS: If somebody just has to straighten them out and not put new pilings in, then I would think that would fall under the category of not exceeding the 50 percent. Once you start putting pilings in, then I think you get to the point of 50 percent. MR. SCHMITT: Pretty much. COMMISSIONER HALAS: If they can go out and straighten them out, put new stringers in and do whatever -- everything else, then I think they fall under the guidelines or, that they can reconstruct that. MR. SCHMITT: And I appreciate that. I think that's a good guidance, and we'll be looking probably -- that will probably be the trigger. MR. MUDD: Do I have more than one nod on that particular issue? Is that enough? MR. SCHMITT: I think that's a good definition, yes. CHAIRMAN COYLE: Okay. We're finished with that item. MR. MUDD: Yes, sir. That brings us to public comment. MS. FILSON: We have no public comment today, Mr. Chairman. CHAIRMAN COYLE: Okay. I wish I could say that of commISSIoners. Item #15A STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. MUDD: That brings us to staff -- well, we'll see, sir. That brings us to staff and commission -- and commissioner general communications. CHAIRMAN COYLE: All right. Do you have anything -- MR. MUDD: Yes, sir, I do. Page 127 ....-,..,...~." November 1,2005 CHAIRMAN COYLE: -- County Manager? Go ahead. MR. MUDD: Did you just say Commissioner or Manager Mudd? CHAIRMAN COYLE: No, County Manager. MR. MUDD: Okay. Because you said that a couple times today. I have no inkling to do that. CHAIRMAN COYLE: Yes, okay. COMMISSIONER FIALA: I don't blame you. CHAIRMAN COYLE: It's just that you're beginning to talk so much, I think you're a commissioner. MR. MUDD: No, sir. I'm just trying to -- I'm just trying to move this along, sir. CHAIRMAN COYLE: All right. MR. MUDD: Okay. First of all, yesterday was -- yesterday was turn-back time for all the constitutionals. And I want to make sure that the constitutionals get their recognition for turning back monies back into the general fund as their fiscal year ended. Now, I will tell you that Crystal, you had to have it and it had to be yesterday in order to be statutes, but you normally get a presentation by the constitutionals at turn-back time, okay, but they had to turn their checks in to the clerk, and so the clerk and the constitutionals can talk about presentation techniques next year. But I want to make sure that we at least extend our thanks to the constitutionals for returning dollars. And let me show you what the grand total is. And I showed you Guy Carlton's turn-back check of $6,865,000. But if you take -- and I'll -- let me get this up. If you take a look at the turn-back numbers, you have forecast over here, what we thought the budget was going to be, actual turn-back numbers are right here, okay, and the variance is plus to the budget. This morning I -- so that's $5,637,111.60 into the general fund that we had not budgeted for '06. Page 128 >-.-.--,.--. November 1, 2005 The sheriff has -- and so turn-back numbers, Clerk of Court, $16 million; tax collector, 6 million; sheriff, almost $3 million; about a half a million for the property appraiser; and a half a million for supervisor of elections. Commissioners, you did get a presentation this morning from Mr. DeLony on the debris removal and the reserves. I would recommend that those dollars that are in excess go into our reserves to help us cover the cost of this debris removal. You know that box, that cubic yard box that was sitting there? I asked Mr. DeLony, I said, okay, how much does it cost for ever one of those boxes when it's full? He said, it could go anywhere from 30- to $40 per cubic yard. And I said, you have a million as your estimate? I said, I'm looking for 30 or $40 million in order to pay this bill up front in order to get reimbursed. So we're going to need every nickel of that particular money. And so if you agree with me on that particular, let's wait a little bit, let's look at this debris removal, let's not do anything with those particular dollars as of yet, and let's see how it stands out here around the first of January so I can give you a better idea. CHAIRMAN COYLE: It just should go into reserves. MR. MUDD: Yes, sir. CHAIRMAN COYLE: Commissioner Coletta, do you have something? COMMISSIONER COLETTA: No. I think Mr. Mudd covered it exactly. That's where I was going to go with it. CHAIRMAN COYLE: All right. So we all agree that it should go into reserves? You've got three nods on that, okay. MR. MUDD: Commissioner, the next item I'd like to talk to you about is the zoo. Again, this is Jim Mudd talking about the zoo property, the Fleischmann property at Goodlette-Frank and Golden Gate Parkway. Page 129 November 1, 2005 Commissioners, I've received some correspondence from the Trust for Public Lands, and they -- and they've given us a couple of options, and I want to make sure that you know what the options are. This is -- this is parcel number three that I have my pen on. We would like to have parcel number three in the county so that we could have an access road that would go over to the Gordon River so that we could have some type of kayaking, canoeing, and then we have a parking area. They've been able to negotiated with the buyers of these other parcels up here, that as long as we let them have an easement to this preliminary road on three, that they'd be okay, and that's the only restriction so far to the offers that have been given for these northern parcels above parcel number three, again, which is right here. They've also found a preliminary buyer for -- I call it the Horn of Africa piece, but that's that little triangle piece, number 13, that sits right here where my pen is pointing to, okay. And in those particular cases with those chunks of property out, this board could preliminarily pick up this parcel for around -- the rest of the zoo property, whatever's left on the map that I didn't point to, for around $47 million. They've had an offer, I believe, from the Conservancy for 11 and 12, and the Conservancy's willing to do, I believe, 4 million, and that would get your price down a little bit closer to that $40 million mark. What I'd like to do is leave your options open. I don't believe there's -- that any commissioner that I've talked to has real concerns with the northern piece. They'd all like to have it, okay. Don't get me wrong, you'd like to have it and you'd like to put it in green space, or 13 per se, and I would ask the board to keep your options open, don't make a decision on the options, but leave all your options open. If you leave all your options open for the remaining properties, I need $47 million in order to cut the deal. Now, I'm not asking you to spend the money, I'm just asking you Page 130 ..,--,.._--"-,",,--' November 1, 2005 for the authority for me to go out and borrow it. Now, you've already given the county manager and Mike Smykowski and the Clerk of Courts the ability to go out there and leverage the $40 million referendum money for the zoo. I need to go out there and leverage another $7 million to bring this pie up to 47. Now, what will happen on the 15th of November, the Trust for Public Lands will come to this Board of County Commissioners with solid -- with solid agreements, okay, and let you have some options to figure out what you want to piece together as far as -- as far as this is concerned. I believe having your options open so that you're working that money, again, not to spend it, just to get it lined up, not to borrow it, just to get it lined up so that if you want to, we can. And now -- and then once you have that money, there's -- Conservation Collier is very interested in two, but you have to be the owner of the property before they initiate takes, about 120 days after they start their investigation to determine what they're willing to offer. I know Big Cypress Basin is talking about retention ponds in two, along two, so that they can do some stormwater work. They've talked to me about, could be up to $5 million, okay? The airport has talked about, you know, having airspace, and I haven't heard anything other than their first initial shot, but at least they're talking about it. There's also the ability to go to the Florida Communities Trust and leverage some 8 million to $9 million next September in grant money from the state for that purpose. Now, what we would issue leveraging, the 40 million initially, we're going to do commercial paper, and that's my recommendation to you, along with the $7 million, which is commercial paper. As those other monies, promise, things come to fruition, we can take the money off the principal. That's the beauty of commercial paper, you can payoff the Page 131 November 1, 2005 principal and they basically do another refinance option automatically on your loan, so you have no penalties for early payment, and oh, by the way, your payment, principal, and interest amounts go down based on the amount of principal that you payoff. I wish all mortgages were like that. It's a wonderful tool that you have in your financial toolbox. That's my recommendation on, and I need some board direction as far as that's concerned. And Crystal needs to take some good notes while they're doing it. If you need anything, they're not saying -- speak up, Crystal, please. CHAIRMAN COYLE: Commissioner Halas? COMMISSIONER HALAS: I'd like to see the county try to purchase this property in the lower corner. I believe that's parcel number 11 and 12, and I'm not sure if that includes 14 and 15. But I think that would be an area that we need to purchase to address whether you want to call it professional housing, workforce housing, gap housing, or whatever, I think this would be a great start. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yes, I couldn't agree more with you, and also Commissioner Henning sent out a memo with about the same kind of wording in it, and I'd like to see us look at that for the some reason. Cormac Giblin attended a conference attended a conference just the other week, and I seen some examples of what we might call affordable housing. It was beautiful housing for $125,000 a unit, which brings it down to the point that it becomes very affordable for our level-entry professional people. Very excited about the idea of that, and I think we're heading in the right direction with this. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. And I'd love to see gap housing come into this area because that would be a good initiative, although I'm certainly hoping that the Santa Barbara piece that we had Page 132 -,",,-"_., November 1,2005 for the EOC will become gap housing. I'm just -- COMMISSIONER HALAS: That included. COMMISSIONER FIALA: -- really looking forward to that. But you know, in this case, in this particular instance, as much as I want to it and as much as -- being that I'm initiating this program, I'd really like to see the land. But you know, in this case because the voters wanted to keep this as a central park and because this whole place is environmentally sensitive -- and I checked a little bit with the Conservancy. They have 70 plus active tortoise burrows right there on this thing, and a lot of upland scrub -- I think that in this case, I would rather sacrifice the affordable housing on this piece and allow the Conservancy to buy it. We would still get the money, but that way then, we would have this whole contiguous piece of land that would be our down town central park. And I think that that's something that's really important, and I talked with Andrew Dickman yesterday. And Andrew, would you come up, please? I hope this is okay, Mr. Chairman. CHAIRMAN COYLE: Sure. COMMISSIONER FIALA: Would you come up, please, and just give us a little overview on that. COMMISSIONER HALAS: While he's coming up, if I may. CHAIRMAN COYLE: Sure, go ahead. COMMISSIONER HALAS: We, as Commissioner Henning had put out in his letter, we had pleaded for people put money into this thing, and now that the trust for lands has basically stepped in here and has gotten this, I feel that we have a real crisis here in this county, and not only are we going to use where the EOC was going to go, or hopefully for affordable housing, but I think this would be a great place because those people could use that as park, they can go over to the shopping mall, they can go to the whole network down here, and I think it would save them an awful lot of money. Page 133 ~.~..._-- November 1, 2005 And we sure need to make sure that we take care of people here in this county that are going to be working in this county for the county itself, sheriffs department, EMS, and so on. So I didn't see a lot of citizens standing up here and saying -- waiving money at us and saying, hey, we're going to buy -- help you buy this thing, other than the fact that they went to the ballot box and voted. So I feel that we need to take the opportunity here to look at gap housing, whatever you want to call it. I call it professional housing. So that's my say on this. COMMISSIONER FIALA: Okay, Andrew? MR. DICKMAN: Yeah. Commissioners, thank you for allowing me a few minutes to speak to this. And what I would -- the message that I want to give to you all is that we don't think that this is an either/or situation. We believe that there are plenty of locations that are appropriate for the type of housing that you are trying to locate in the county. COMMISSIONER HALAS: Where are they at, sir? MR. DICKMAN: There's on Santa Barbara, there's on Goodlette, there's locations that are plenty of places. We've taken a few minute to pull those together. We have that. We will provide it to you. But the problem that we're facing here is that for over 14 months the Blue Ribbon Committee and others worked very diligently to bring forward to you all representations, none of which included developing an urban development type use on this particular parcel. They had agreed that the northern parcels would be useful to break off in order to bring the liability down in order to make it more affordable. The Conservancy has negotiated with TPL. TPL would like to see us have this property because our mission is conservation. Their mission is conservation. They have given us a price that we think is very high above the Page 134 "~"- November 1,2005 average. If you take the 166 acres that were purchased by TPL, you do the division, and it comes out to be about $406,000 per acre. We are offering something that's at least 25 to 30 percent higher than that. And once again, when you look at the 166 acre, you have developable lands, you have undevelopable lands, just as you do with the developers out in the environmental area. We have already agreed to strip off any kind of development use of this property, tie in to not only our use on the conservancy campus, but also tie it into the scheme that the voters came and voted on for the gardens, for the zoo, and for the whole central park concept. Noone has, in my mind, talked about over the course of -- since 2004 when the referendum came through, having an affordable housing/workforce, middle-class housing project on this particular piece of property. Can you get 50 units in there? Can you get 60 units in there? Probably . Would that be a compatible use with the open space environmental lands that were around it? We don't think so. And the question that is before you is, how do you take the 500 plus employees that are at the city -- you all obviously have thousands of employees, the school board has thousands of employees that need this kind of housing, the Conservancy have employees, including myself, that are in that price range. But to use this particular instance to locate 40, 50 units in this particular site where you have only one chance to do this -- and it's not on your dime. It's on our dime. We're willing to step in and make a contribution to be able to tie this property in to your particular use and bring down your liability. The manager said that you're at around $47 million. I don't know exactly what the -- I'm not privy to what all the numbers are. But you know TPL is carrying about 67.5, that this would bring your liability down by $4 million. That brings you much closer to the issue of what the voters voted for, $40 million. Page 135 ~._....->_..~'" .--~,,,,,., November 1,2005 This is a particular use that, if you agree to it, that you would be giving the voters here the ability to have what they don't have and they will never have, is to have seven more acres tied into what we already have on our campus integrated into the overall park concept, and we are committing to keeping this at a conservation level. It will not be developed. That is the -- and we're paying above average price in order to conserve this. At the same time, as the concept evolves where the zoo and the gardens -- the concept that the Blue Ribbon Committee put forward integrated our activity with that, and i.e., you can park in one place, you can walk from the zoo, the gardens, to us. You can drive into an area that is native habitat that you can see the heritage of Florida the way that it once was, as opposed to driving in or driving around what will be a multi-family project where no one really knows exactly what you're putting on the table. At this time the garden central park concept has been fully vetted in public. People have vested in that. There's been a lot of public wrangling and discussion about the central park, save the zoo issue. This is the first time that any issue of gap housing on this project has come forward. So what I'm asking you to do is to instruct your administration to not take an option on this. FP -- or TPL is looking for that signal from you all to not exercise an option on that. We have -- we were the first ones to come to an agreement with TPL on this property because they knew that our mission and their mission were so succinct and they knew what the Blue Ribbon Committee had come forward with in terms of a central park. We will work with you in any capacity that we can in a broad based process to achieve what you want to achieve with housing. We have a vested interest in that. But we ask you that this is not the appropriate location for that, and we ask you to -- if you are not willing to give instruction to your administration to release their Page 136 __."~.4," November 1,2005 option on this, at least bring forward two options on the 15th with an option on this or letting the Conservancy buy it, and in the meantime, workshop this issue so that you can get public comment on this so that you can say that you gave the people who voted in 2002 for the Conservation program that you have and 2004, for the central park zoo process. You give them a change to come back and talk in a workshop, and then on the 15th you vote -- you vote with full knowledge of what the community wants. I would prefer that today you instruct your administration to let the Conservancy and the TPL finish their agreement, let's gets this done, and go forward and everybody be happy. CHAIRMAN COYLE: Yeah, I have -- MR. MUDD: Mr. Chairman, if I could interject, since this is my communication item, CHAIRMAN COYLE: Yes. MR. MUDD: -- and public speakers normally aren't into communication. And I appreciate the comments. And I didn't really didn't appreciate TPL doing deals with people off to the side so that it was sole source deals. I disagree with the speaker that this -- that there's a fair price on commercial property that's already zoned. That's malarkey, okay, and I can get anybody to do an appraisal on those seven acres. Okay. Those seven acres per acre is over a million dollars. And, oh, by the way, if the central -- if the extension of 5th Avenue down through Golden Gate happens in the City of Naples, which they are in the push to do, then this will become the pass-around for the City of Naples instead of 41. If that happens, the price of this particular property will probably be $3 million an acre for commercial in the near future. So I want to make sure that you understand the $4 million isn't even close to what this property, which is already zoned commercial, Page 137 '"'."....-...,--'> November 1,2005 can gIve you. The other thing I will tell you is, if you're not going to use affordable housing densities -- and I've heard some comments between the different commissioners on the dais today, then you don't get eight units per acre, okay, so you're down to four, and now you need to scratch where you're going to get some additional density if you decide you want to do housing at all on these particular things. You get that additional density when you take it out of commercial and put it into residential. Okay. You know that because you deal with it all the time. COMMISSIONER FIALA: Sixteen units per acre. MR. MUDD: The other thing I will not also tell you, you have an opportunity here and it's one you don't think about, nor do I. But you do have an urban area development rights -- transfer of development rights process. You don't get a one for one or you don't get a five for one, but you get something less than that. And there is an opportunity if you decide to put a plan together for this particular development, that you'll be able to have TDRs that you will use in other place, not only here, but in other places like Santa Barbara so that you can get some density in order to make some reasonable housing options as far as that's concerned. So you have some things that you can do here. The only thing I'm asking you today is to give me the opportunity to go out there and borrow enough money to keep your options open, not to close the options. And I haven't seen TPL telling me what they put these seven or eight acres up on the open market for and what the offers were, because I don't believe TPL did that. I believe TPL went straight to the Conservancy and worked this behind a closed door. And so I'd ask you to let us have those -- the ability to get that $7 million so that on the 15th of November you can make whatever decision you want to, but you have the full options open to you. CHAIRMAN COYLE: Well, I have several questions that I need Page 138 --.,""".", November 1,2005 to get answered, and then I want to get to a specific issue here, so if the commissioners will bear with me for just a few minutes. Number one, this is purely a financial consideration. There are decisions that must be made concerning whether it is better to have someone buy this particular property, thereby reduce our costs for the overall parcel so that we then could take that money and go somewhere else and maybe get a bigger bang for the buck in affordable housing than we could here. I don't know if those conditions have been met. I have the same concern you have. The thing we cannot do is make it appear that the people, the taxpayers of Collier County, are subsidizing the purchase price for the Conservancy, and I have talked with Andrew about this. So I want to make sure there's full disclosure. I have been approached by the Conservancy and they've talked with me about this. And I've always said, we must be careful that it is a fair market price. The taxpayers can't underwrite the purchase by the Conservancy, but there is the possibility that the price paid by the Conservancy would reduce our overall cost to the point where we could go somewhere else and build more affordable housing of that type. But the other thing is, there's no reason to give up on affordable housing anywhere on this commercial property up around Golden Gate. There's every reason to expect that anyone who buys that would come in with a mixed-use development proposal and hopefully have affordable housing or professional housing somewhere in that component. So we can get, I believe, the so-called gap or professional housing also in those parcels four, five, six, seven, eight, and nine, so we shouldn't give up on that. But now, I'm unconcern on what's happening with 14 and 15, Jim, and also with the parcel in the median at Fleischmann Boulevard and U.S. 41. Where is that included in the purchase? Page 139 ._--~~'" November 1,2005 MR. MUDD: Commissioner, I've just described to you the options that are there and the parcels that they were basically peeling off. The rest of -- and the Fleischmann Boulevard piece that's up at the top? CHAIRMAN COYLE: Yep. MR. MUDD: That's included. CHAIRMAN COYLE: Oh, it is included? MR. MUDD: That's included. CHAIRMAN COYLE: Okay. MR. MUDD: Okay. CHAIRMAN COYLE: And 14 and 15 are included? MR. MUDD: The piece I don't know about are 14 and 15, but I believe they're included. CHAIRMAN COYLE: Okay. Well, I'd like to get a better understanding of that. And just so -- I know what you're asking us to do today, and that is just to give you some borrowing power, and I think that's wise, and I'm going to vote in favor of that. But if we have plans for 11 and 12, we must do the financial analysis which says, we can do it cheaper here than we can do it anywhere else under the circumstances, or alternatively it's better for us to get some money out of this and take that money and build some professional housing somewhere else. One of those two alternatives should be evaluated, and we should be able to reach a conclusion on that. MR. MUDD: Yes, sir. The only -- the only thing I would -- the only piece of the argument that you're making or the statement that you're making that's a little bit fuzzy for me is the fact that you have a referendum from the voters for $40 million. And I believe every bit of money that you get back from Conservation Collier, from Big Cypress Basin, or for the Florida Community Trust, you deduct it from the price and get it down so that they have less of a tax burden, and you give them the benefit of that Page 140 ""'--->-> -...--....".. November 1,2005 money back. So I don't believe you get any money to go buy additional land anyplace. I believe it's all -- it comes back to the taxpayers as a refund or a tax that isn't collected in the future. CHAIRMAN COYLE: That would be true if you were not asking for additional financing authority right now. MR. MUDD: There's about $7 million that you have to play with, yes, sir. CHAIRMAN COYLE: Okay. Now, so you're talking about $7 million in addition. And my point is, is it better to have someone purchase that property and thereby forego that additional borrowing amount and then use the money thereby saved to create an opportunity for professional housing elsewhere? So that's the thrust of my question. And so with that, I'll stop beating this horse. But it's -- no. There's one other point. What I do -- what I do not understand is how anybody can make a proposal for those parcels, four, five, six, seven, eight, and nine without knowing what kind of densities we're going to permit on that property. It does us no good to have somebody purchase that property and then have it sit vacant or get it turned into something else because they can't afford to build the density that they wanted to build there, okay. And-- MR. MUDD: Commissioner, are you giving me authority to go for $27.5 million instead of 7? Because you're Talking us out of a deal right now. CHAIRMAN COYLE: No, no, I'm not. I am suggesting that what we might want to do is to find out, you, somebody, find out from TPL, what the expectations are of that. And I think that if the expectations are too high with respect to density, we need to tell somebody that. MR. MUDD: Commissioner, the only -- the only caveat in this agreement -- let me say it one more time. The only caveat that I've got right now in an agreement is on parcel three, and that is to have access on parcel three for these properties. That's the only -- that's the only Page 141 --..-,--<^ ^----,=-, November 1,2005 stipulation that the buyer has, the only stipulation. Nothing with density, nothing with zoning. One stipulation, an easement to get on our road if and when we build it in order to get to a recreational site on the Gordon River. And I know Norman's got some issues about it being too close, and it could be a right in or something, but we'll work through that particular process as we go along. CHAIRMAN COYLE: Okay. All right. Let's get back to the other commissioners who had some questions. Commissioner Halas? COMMISSIONER HALAS: My concern is I think this is a golden opportunity for public lands, and public in the sense that the county buys this to address a very serious problem. When I even have people come to my office to discuss their abilities not to be able to hire engineers to come to this county to work because the price of homes are too high, I think then we've got a -- we're into a serious mode. When people in the county -- when we try to fill positions here in the county, and we're finding it more and more difficult for professionals to come here and work in the county, because there's no affordable housing. And this affordable housing is something that we have control over year after year after year, and it's not just a one-time deal, because we own the land. They purchase the residence, and then at such time as when they sell it, there's stipulations, whatever those stipulations may be. If they add -- they add attractiveness to the residence, that they get to take that out, plus maybe three percent per year. When you look at this -- this particular piece of property and you also look at the piece of property on Santa Barbara, I think that helps address the issues of being able to bring people in here from EMS and the sheriffs department and from -- for county employees. And I Page 142 .~-----_.~. _·'_.4·'·.··, November 1,2005 think that we really need to address this -- and also medical people that are going to be in here administer to our needs for the residents here in Collier County. CHAIRMAN COYLE: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. Very good, Commissioner Halas, about -- I think you summed it up quite well. But first I think we need to recognize that the Conservancy has been doing a wonderful job on the part of the residents of Collier County, what they do well, preserving the land. They've been very instrumental in interceding on behalf of the public. And if I was up there, like you are today representing the Conservancy, I'm sure I would be trying to get this parcel as a factor as far as your future growth goes; however, with that said, I think it's an opportunity that's not going to present itself, to be able to put some workforce people within range of the City of Naples, rather than have to burden our road system worse than it has been. I mean, we have to start someplace. Now, yes, we can buy land a lot cheaper up in northern Glade County. We probably could get land -- quite a bit of land for this kind of money. But that's the answer that's the wrong answer, and we cannot be putting these people on a road system that doesn't exist and transporting them over dozens of miles and on the road for hours on end to be able to reach the Metropolitan part of Collier County, which is the City of Naples. We need to be able to do something, and this is the first step. Is it expensive? You're dam tootin'. It's very expensive. But the benefits, the long-range benefits over a period of time are -- it's going to come back. It's going to come back to us manyfold, and we've got to start looking at this with an open eye and approaching this thing with -- looking for a solution. CHAIRMAN COYLE: Commissioner Fiala? COMMISSIONER FIALA: Yes. I'm wondering, are there other pieces on here that are not so contiguous to the very environmentally Page 143 '--- .......-----.- -,~.__..,., November 1,2005 sensitive lands that we could instead purchase? CHAIRMAN COYLE: Not that has access. COMMISSIONER FIALA: Well, that number three, though, gives them all access. And you know, they could even have access off Golden Gate Parkway. What I'm saying is, I agree with the commissioners, this would be a wonderful thing to have right close to downtown. When they talk about affordable housing, they really shouldn't ever talk about sheriffs office or EMS or medical, because they don't ever qualify for affordable housing, but maybe for professional housing as they've so nicely said. I just feel that this piece of property -- and Jim Mudd said, we would $7 million for it. That's a million dollars per acre for affordable housing. That's a lot of money per acre for affordable housing. You don't usually see anything like that. But anyway -- and that's before you've done a thing, before you've put a shovel in the ground. And I just feel that it's a very high price. But if we, indeed, want affordable housing in this area, what about one of these other pieces instead that wouldn't be involved right here, right in the heart of all of this environmentally sensitive land that the voters have chosen, have voted to buy because they wanted to retain it. Now we would __ wouldn't be interrupting this wonderful park that we've planned for ever and ever. I mean, I have a little note on the back door there when we come in. Your vote today affects somebody's life, somebody's home, or somebody's community forever. So no matter what we say we're going to do, if we want this park, you know, then we should -- and we should, because we don't have another opportunity . We can never get the land back, but we can buy some of these other parcels instead. If we have 7 million bucks, let's buy one of those instead and put the -- so we still have the housing there, but now it will be on the road, they can get to Golden Gate Page 144 _._-~~ -..----""--"" ...._....--...._~ November 1,2005 Parkway or wherever, and we've still got this piece that's still involved with the environmentally sensitive lands. COMMISSIONER HALAS: Commissioner, that's -- I think that's zoned commercial at the present time down there. CHAIRMAN COYLE: Some of it's multifamily, but it's-- COMMISSIONER FIALA: So is this zoned commercial. MR. MUDD: Commissioner, the only -- the commercial piece that you've got is 12 and 11, I believe, that's sitting down there. Fourteen and fifteen are residential. COMMISSIONER FIALA: Right. But what about nine, seven, four? MR. MUDD: The other options that I received from TPL weren't there. They got bids for the entire package for somebody else. Commissioner, if you want to have options, buy the whole thing for 67- five, and then you could do whatever you want with it and you can parcel this stuff out. But I don't believe those are the options that I've got from TPL, so I don't have the latitude right now to pull out a piece and say we're going to go pick it up for something else. CHAIRMAN COYLE: The only thing you're asking us to do today is give you authority to do some short-term borrowing. MR. MUDD: I basically showed you the parcels above three and number 13 that they have got deals with, okay, with -- and they put it out on the open market, they've taken the best offers that they have. And when you take those particular items out, they come in at around $47 million. COMMISSIONER HALAS: Do it. CHAIRMAN COYLE: Okay. Now, the Conservancy has sat down with TPL -- and this the second option -- and said they'll pay $4 million for 11 and 12; 4 million, not 7, $4 million. So you still have above 40 million to deal with with this particular purchase. I just want to keep your options open. COMMISSIONER FIALA: But we do have other money Page 145 ,.----. November 1,2005 flowing in in -- MR. MUDD: Ma'am, you have nothing yet until some other people make decisions and belly-up to the bar. I have nothing in -- I have nothing in writing. The Blue Ribbon Commission was supposed to give us money on the table, and I've got some people that have said, well, we might. And I still have to get the might into something concrete to bring dollars in. You have no guarantee that you'll get the Florida Trust money. You've got no deal or contract with Big Cypress Basin. And oh, by the way, if Big Cypress Basin wants a piece or two, I'm not too sure that Conservation Collier's going to pay a whole lot for number two. And when Conservation pays you, they're not going to pay you market value. They're going to pay you for Conservation value, which is significantly different than what the bid is. So I don't think you'll get a lot of money in that particular regard either. CHAIRMAN COYLE: Well, so that we can bring this to a close and get back to addressing the specific issue -- MR. MUDD: I just need $7 million authority. CHAIRMAN COYLE: Can we give you three nods on whether or not you have the authority to go out and pursue short-term borrowing for $7 million? Now, wait a minute. Don't go away with that. MR. MUDD: Okay. CHAIRMAN COYLE: I would like to also ask you to conduct a financial analysis on parcels 11 and 12 so that you fully inform the board as to how many affordable units you can put in there, how much is it going to cost, and how is it going to be administered. COMMISSIONER HALAS: And what the going price is for the property -- what the property would be really worth? CHAIRMAN COYLE: Yeah. And if you can do that, then we will have a better handle on what that cost is going to be. And Commissioner Coletta? Page 146 ----,- November 1,2005 COMMISSIONER COLETTA: Yes. I just want to go back on another subject Jim Mudd hinted to for one moment, the possibility -- and I'm not saying that we do it. I just want to discuss it for a moment. Purchase the whole thing for 67, and maybe be able to control what goes into the top part. We will still write off the cost and everything. We're talking about maybe some mixed-use might be able to go in there. Maybe was the word, and that's what turned me off, you know, because maybe doesn't mean anything. There's no guarantees. But if we were to possibly consider buying the whole thing and still keep this particular configuration as far as how we'd break it up, be able to go control to a larger degree what does go in there and how they have the mixed-use, and then at the ante-up to the Conservancy to something that's more realistic for the value of the land, we might be able to come out not only with affordable housing, but at a cost of $40 million. Just a thought. MR. DICKMAN: Mr. Chair? COMMISSIONER HALAS: Well, another problem we've got is we've got to pay for cost of this hurricane, so we don't very any -- CHAIRMAN COYLE: The only thing we're deciding today is whether or not the county manager has authority to borrow -- COMMISSIONER HALAS: Let's give it to him. CHAIRMAN COYLE: -- $7 million, okay? Are there three nods? COMMISSIONER HALAS: Yes. CHAIRMAN COYLE: Okay. Now, anything else with respect to which parcels we buy and everything else will be a subj ect of a later discussion. MR. MUDD: On the 150th of November, yes, sir. CHAIRMAN COYLE: And it will be publicly advertised. MR. MUDD: Yes, sir. Page 147 ---." ·,·_,_~,"""c November 1,2005 CHAIRMAN COYLE: And everybody will get a hearing on that, and we will have a clear financial analysis on what we would do with parcels 11 and 12, right? MR. MUDD: Yes, sir. I will do my best. You're asking me to tell me (sic) how much it's going to cost me to build a development on that particular, or just tell you how many units I think you can do per acre? CHAIRMAN COYLE: I think we need to understand what the financial analysis is. What we're going to charge for the units. COMMISSIONER HALAS: You can't get that done by that time. CHAIRMAN COYLE: Well, you're going to have to, because in order to make a rational decision as to whether or not you get the property, you've got to know what the financial impact is. MR. MUDD: Well, Commissioner, you always have the opportunity as we work this out, if you own that particular property, you can always work a deal out with the Conservancy later because you own the particular property. And then you can take some -- you can take -- try to find a public/private partnership in order to do it. I can tell you what I believe you can get for density on the particular item, I can tell you what the market rate is for commercial property on that particular road so that you know what the cost is per acre, but I don't think I can go to what the cost per unit is going to be. CHAIRMAN COYLE: Well, the cost per unit is fixed. You know almost immediately what the cost per unit is, because if you're not going to build it at that cost per unit, then you don't have housing that is affordable for professionals. So you know what that is right? MR. MUDD: It's between 180- and $250,000 a unit, yes, sir. CHAIRMAN COYLE: Or probably 275 or more, maybe even 300. COMMISSIONER HALAS: Well, then it's not affordable Page 148 .~___'> '.n_...__..___-.,' ___'_."W'. November 1,2005 housing. CHAIRMAN COYLE: Oh, yeah, it could be. COMMISSIONER HALAS: Not it's not. COMMISSIONER COLETTA: No. CHAIRMAN COYLE: Sure, it could be. COMMISSIONER COLETTA: Out of the question. CHAIRMAN COYLE: Sure, it could be. COMMISSIONER HALAS: Not when somebody's making 70- or $80,000 a year. CHAIRMAN COYLE: No. We're talking about household incomes, household incomes. COMMISSIONER HALAS: Okay. CHAIRMAN COYLE: So you know what the price of the house is going to be. You know what the price of the land is likely to be. Anybody in our staff in community development should be able to tell us what the cost of construction is on a square footage basis. You know, this is not brain surgery. And then we have to -- we make the decision as to whether or not you're going to have single-family homes, which, of course, you can't, or you're going to have condominiums and apartments, which you probably will have to. So, you know, that will lead us to some final decision, okay? COMMISSIONER HALAS: Coach homes. CHAIRMAN COYLE: You won't get many on that small parcel, but nevertheless. Okay. Any other questions by commissioners? COMMISSIONER FIALA: Yes. CHAIRMAN COYLE: We've -- you got your three nods? Did you get your three nods on the 7 million, right? MR. MUDD: Yes, sir. CHAIRMAN COYLE: Everybody's happy with the 7 million. COMMISSIONER FIALA: I just thought, you know, I know Page 149 "_".'___0"' November 1, 2005 we're going to bring it back on the 15th, but this seems to be a very, very intense subject. Maybe we should workshop that first. Do you think it's a good idea to sit down, even the day before the 15th, you know, like the City of Naples does, and just workshop a particular item. Is that something that would be possible? CHAIRMAN COYLE: I see two negatives over here. COMMISSIONER FIALA: Oh, okay. CHAIRMAN COYLE: That's not likely. COMMISSIONER COLETTA: I think our meeting time will be more than adequate. CHAIRMAN COYLE: Okay. Then we'll discuss those issues on the 15th, and the county manager has the authority to pursue the $7 million. MR. MUDD: Crystal, do you need a vote. MS. KINZEL: No. We'll work out the details, because you're coming back for a vote on the 15th, correct? COMMISSIONER HALAS: Right. MR. MUDD: Yeah, but I need to start movIng out on commercial paper. MS. KINZEL: I think you're fine. MR. MUDD: Okay. CHAIRMAN COYLE: Okay. Anything else, County Manager? MR. MUDD: I don't dare bring up another thing. CHAIRMAN COYLE: That one just took an hour. MR. MUDD: Yes, sir. I want to be done. CHAIRMAN COYLE: Do we have a public speaker? MR. MUDD: No, sir. Thank you, Commissioners. MS. FILSON: Yes. I have a gentleman who just registered to speak, and I don't know if you allow speakers after communication. CHAIRMAN COYLE: Not after the item is finished, no. MS. FILSON: Well, it's Floyd Chapin for Wilma. CHAIRMAN COYLE: Huh? Page 150 November 1,2005 MS. FILSON: The subject is Wilma. CHAIRMAN COYLE: That's under public comments. Okay. We'll take Floyd under public comments. MS. FILSON: Okay. Well, we've already passed that. MR. MUDD: We've already passed public comment. We're on correspondence, which was 15. COMMISSIONER HALAS: We're trying to finish up. CHAIRMAN COYLE: You're late, Floyd. MR. CHAPIN: Wilma. CHAIRMAN COYLE: We know all about Wilma. MR. CHAPIN: I know you do. CHAIRMAN COYLE: Okay. Commissioner Fiala, do you have anything? COMMISSIONER FIALA: Yes, just a fast. I wanted to go thank Frank -- Commissioner Halas and Commissioner Coletta for being up in Tallahassee yesterday and really watching over our best interests. I know it was tough to give up a whole day like that and fly up and back in the same day, exhausting work, and then on top of all the cleanup from Hurricane Wilma, plus preparing for this meeting, and I just give a tremendous pat on the back for doing that for all of us. Thank you. CHAIRMAN COYLE: And Commissioner Coletta? COMMISSIONER COLETTA: This is quite unusual, but I have no comments. CHAIRMAN COYLE: But it's much appreciated. Commissioner Halas? COMMISSIONER HALAS: I have a subject that I'd like to bring up with my fellow commissioners and also with the county manager. As everybody knows, we went through a trying time here with Hurricane Wilma. And it's my understanding -- I may stand to be corrected here -- but HR came up with the decision that all employees, Page 151 ~--~" November 1, 2005 whether they worked or were at home, were paid. And my concern is that we called in employees because they were essential to the operations here, and why they are not being paid overtime because I think that we have the ability to charge this back to FEMA for reimbursement, and maybe someone can enlighten me on this. MR. MUDD: Are you talking about the pay policy, sir? COMMISSIONER HALAS: Yes, sir, pay policy. MR. MUDD: Pay policy is -- and Len, could you come on up. We talked about this a little bit at lunch as we're working through -- working particular issues. But we normally do straight time, okay. There are -- people are -- people are positioned by being either essential or nonessential. If they're essential, it's up to their administrators and directors to make sure that they're compensated by the fact, in their salary, that they are -- that they are compensated because they are essential and they're on the essential list. So if I had somebody of equal trait that was either essential or nonessential, they would have a difference in pay, okay, called up or not called up, okay. And I will tell those directors and those administrators, if there isn't a differentiation in their pay, then shame on them, because that should be there automatically. In other words, it's like call-up pay. They're on call, and it's there. So if somebody was home because we didn't have work, then therefore they received -- yeah, they'll receive pay for being home on work in that particular case, and there's some issues with compo time that we're trying to get to resolved right now. COMMISSIONER HALAS: I think there's some cases where we had people in the lower echelon that were asked to come in, like inspectors and so on, and I'm not sure if they're considered essential people, but yet there was other people that stayed home and got paid. These people come in and took from their time of cleaning up and so on. Page 152 November 1,2005 I just want to make sure that it's fair for everybody, and so that in case we have another emergency and we ask people to come in and say, hey, the heck with it, the last time other people were home cleaning up their yards and taking care of their families, and we have a problem here. So I just want to make sure that we address this issue and it's fair for everyone. MR. MUDD: We are addressing the issue, sir, and I understand your concerns. They're my concerns. COMMISSIONER HALAS: Okay. MR. MUDD: I don't want a hollow workforce when it comes out to be a emergency because it's just as beneficial to stay home and worry about my yard than it is to come in and worry about the taxpayers of Collier County, and we will resolve that, and I will get you a memo on how we're going to get that resolved. COMMISSIONER HALAS: Okay. Thank you very much. CHAIRMAN COYLE: County Attorney, do you have anything? MR. WEIGEL: Yeah, one brief message, and that is, our dear Heidi Ashton, who celebrates 13 years with our office this month, gave birth to a little son this weekend. It's early, and she'll be out for an indeterminate period of time, and our thoughts and prayers go out to her with her condition at the present time. Item #llA FLOYD CHAPIN OF SAPPHIRE LAKES ON DEBRIS REMOVAL CHAIRMAN COYLE: Okay. Thank you very much, David. And I'm going to give my time to Floyd. So Floyd, you can come up and talk, as long as you don't talk any longer than I would have talked. MR. CHAPIN: I'll come back tomorrow. Page 153 November 1, 2005 COMMISSIONER COLETTA: You have to introduce yourself as Commissioner Coy Ie though. MR. CHAPIN: I pass. Thank you for the opportunity. Floyd Chapin, representing Sapphire Lakes Homeowners' Associations. First of all, I want to comment you folks, the county staff, the sheriffs office, the fire departments for doing a superb job during this past seven or eight trying days. I sincerely mean that on behalf of, I think not only our community, but all the communities that have had an opportunity to deal with you folks. It's been a pleasure to get through some of the trying times we've had. I do have one concern. I got in from cleaning up our association this morning, and I heard Commissioner Coyle talk about debris removal. Sapphire Lakes had 77 people over the past three days, seniors like you and I, go out and help clean up our community. We didn't put it roadside. We found one common area and dumped it all in one common area. We got about 14 truckloads of greens. We've lost about 266 beautiful trees. We put it all in one location, it. Was my understanding, as I listened to you people talk this morning, that that -- locations like that would not be picked up by the county? CHAIRMAN COYLE: They will not be reimbursed by FEMA because of FEMA's guidelines, and we're sort of upset about that. MR. CHAPIN: Thank you. MR. MUDD: Sir, can we use the term might? CHAIRMAN COYLE: Or will not. MR. MUDD: Might not. CHAIRMAN COYLE: Might not be picked. Okay. So we're concerned about that. And the county manager's working on resolving that problem. We hope that the location of the trash will not be a question. It will be the source of the debris. FEMA, for valid reasons, has concerns that debris that did not result from the hurricane will be Page 154 November 1,2005 disposed of at their expense, and so they have these valid concerns. And we're trying to find a way to permit the pick-ups at areas where it has been aggregated because we think it's easier, and we're working on that, and we hope we can do that. MR. CHAPIN: But it will be picked up one way or another; is that correct? COMMISSIONER HALAS: Well, that's what we're trying to decide, and we're hoping -- CHAIRMAN COYLE: It will be picked up one way or the other, yeah. MR. CHAPIN: Okay. MR. DeLONY: Sir, if I may? Jim DeLony, Public Administer. Let me offer you a suggestion, Floyd. We can talk in a minute. But what I will do is, we will link up with Floyd and his folks, we'll take the FEMA guy down there, take a look at it and make a call on the spot, and I'll report back to the county manager, to you, through you, what the call is going to be. And then if that's not suitable to the needs of the citizens, I'm sure that Floyd will be back in here telling you what he wants you to do for him in that regard. We're going to, again, per your guidance and what you have affirmed to me, is that right now, that we're going to continue to pursue only debris which we know for certain is FEMA eligible, and we will work the margins of that over the next several days, the county manager I will be, to expand those margins as best we can to fit the needs of our community. MR. CHAPIN: Well, I can attest to you on the record or under sworn statement that our debris is only ours because there's no more room for anything else. It's not commercial, it's not out neighborhoods. It's all ours, with our hands. So I -- MR. DeLONY: And I'm hoping, with a lot more hope than anybody here in the room, that that's exactly what we're going to be Page 155 November 1,2005 able to convince our colleagues and partners from FEMA so we can do exactly what you want to us do, Floyd. MR. CHAPIN: I wish you'd talk with me. MR. DeLONY: We'll get on one-on-one. MR. CHAPIN: Thank you very much. MR. DeLONY: Commissioners, does that -- MR. CHAPIN: I solute all you folks. You've done a great job. MR. MUDD: Commissioners-- CHAIRMAN COYLE: Well, we appreciate the cooperative spirit of the citizens of Collier County. The people have just been wonderful, with the exception of very, very small number of whiners, but -- MR. CHAPIN: You get that anywhere. CHAIRMAN COYLE: Yeah, we get those all the time. But most of the citizens have been wonderful. It's a self-sufficient county. MR. CHAPIN: You folks have been likewise. And I want to make one other comment. I didn't talk as long as you did. CHAIRMAN COYLE: The next time I'm not going to let you speak, Floyd. MR. MUDD: The real question is, Floyd, how'd the carrot trees. MR. CHAPIN: The carrot trees -- COMMISSIONER FIALA: What's a carrotwood? MR. MUDD: Floyd, how'd your carrotwood trees do? MR. CHAPIN: We lost about eight of them. COMMISSIONER HALAS: Good. You can't plant them. MR. CHAPIN: We're in good shape. CHAIRMAN COYLE: That's good, Floyd. I'm happy to hear that. MR. MUDD: Those were the exotics that we had a problem with at one time, and they lost part of them, so it was -- they kept them because they were already planted and they were mature, but it was one of those issues. And they were pretty trees. Page 156 November 1,2005 CHAIRMAN COYLE: All right. No other comments, then we are adjourned. Thank you very much. ***** Commissioner Halas, seconded by Commissioner Fiala and carried unanimously, that the following items under the Consent and Summary Agendas be approved and/or adopted: * * * * * Item #16A1 RESOLUTION 2005-369: FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF "VENEZIA GRANDE ESTATES". THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED - W /RELEASE OF THE MAINTENANCE SECURITY Item #16A2 RESOLUTION 2005-370: FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS TO THE FINAL PLAT OF "KENSINGTON PARK PHASE FOUR". THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV ATEL Y MAINTAINED - W/RELEASE OF THE MAINTENANCE SECURITY Item #16A3 RESOLUTION 2005-371: FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF "KENSINGTON GARDENS". THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED - W /RELEASE OF THE Page 157 November 1, 2005 MAINTENANCE SECURITY Item #16A4 RESOLUTION 2005-372: FINAL APPROVAL OF THE ROADWAY (PUBLIC) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF "SABAL BAY COMMERCIAL PLAT, PHASE TWO" (THOMASSON DRIVE) - W/RELEASE OF THE MAINTENANCE SECURITY Item #16A5 RESOLUTION 2005-373: FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF "KENSINGTON PARK PHASE THREE-C". THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED - W / RELEASE OF THE MAINTENANCE SECURITY Item #16A6 RECORDING THE FINAL PLAT OF "COTTESMORE", APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY - W/STIPULATIONS Item #16A7 RESOLUTION 2005-374: FINAL APPROVAL OF THE ROADW A Y (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF "WATERWAYS OF NAPLES UNIT Page 158 November 1,2005 ONE". THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV ATEL Y MAINTAINED - W/RELEASE OF THE MAINTENANCE SECURITY Item #16A8 RESOLUTION 2005-375: FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF "VENEZIA GRANDE ESTATES". THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIVATELY MAINTAINED Item #16A9 AN AGREEMENT FOR SALE AND PURCHASE WITH ROSEANNA T. LOCKWOOD, TRUSTEE OF THE LOCKWOOD FAMILY REVOCABLE TRUST DATED NOVEMBER 6, 1991 FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $46,000 - GOLDEN GATE ESTATES UNIT 65 (WINCHESTER HEAD MULTI-PARCEL PROJECT) Item #16A10 AN APPLICATION FOR REIMBURSEMENT OF A PORTION OF IMPACT FEES IN THE SUM OF $70,017.43, DUE TO THE OVER-COLLECTION OF IMPACT FEES, BASED ON AN INCORRECT LAND USE CLASSIFICATION - FOR THE NAPLES BUSINESS & STORAGE PARK; MANAGED BY HKZ ENTERPRISES, LLC Item #16A11 Page 159 November 1, 2005 FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR CRYSTAL LAKE TERRACES PHASE THREE - W/RELEASE OF THE UPS Item #16A12 FINAL ACCEPTANCE OF WATER AND SEWER UTILITY FACILITIES FOR OLDE CYPRESS, UNIT ONE - W/RELEASE OF THE UPS Item #16A13 FINAL ACCEPTANCE OF WATER AND SEWER UTILITY FACILITIES FOR VENEZIA GRAND ESTATES - W/RELEASE OF THE UPS Item #16A14 FINAL ACCEPTANCE OF WATER AND SEWER UTILITY FACILITIES FOR SABAL BAY COMMERCIAL, PHASE 2 - W/RELEASE OF THE UPS Item #16A15 FINAL ACCEPTANCE OF SEWER UTILITY FACILITIES FOR KENSINGTON PARK, PHASE FOUR - W/RELEASE OF THE UPS Item #16A16 FINAL ACCEPTANCE OF SEWER UTILITY FACILITIES FOR Page 160 November 1,2005 KENSINGTON PARK, PHASE 3-C- W/RELEASE OF THE UPS Item #16A17 RATIFY THE COUNTY MANAGER'S APPROVAL OF AN ACCESS REQUEST AND RELEASE FORM ALLOWING FLORIDA NATURAL AREAS INVENTORY STAFF TO ACCESS CONSERVATION COLLIER LANDS FOR THE PURPOSE OF CONDUCTING AN EXOTIC PLANT SURVEY, TO AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED ACCESS REQUEST AND RELEASE FORM AND TO AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE THE SIGN ACCESS REQUEST AND RELEASE FORMS IN THE FUTURE Item #16A18 RECORDING THE FINAL PLAT OF "ARTESIA NAPLES", APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY - W/STIPULATIONS Item #16A19 PETITION AR-8445 : CARNIVAL PERMIT 2005-06, REVEREND JOSEPH SPINELLI, O.S.A., ST. ELIZABETH SETON CATHOLIC CHURCH, REQUESTING A PERMIT TO CONDUCT THE ANNUAL ST. ELIZABETH SETON FESTIVAL ON NOVEMBER 9,10,11,12 AND 13,2005, LOCATED AT 2760 52ND TERRACE IN GOLDEN GATE CITY - W /W AIVER OF REQUIREMENTS Item #16A20 Page 161 November 1,2005 FINAL ACCEPTANCE OF SEWER UTILITY FACILITIES FOR KENSINGTON GARDENS - W/RELEASE OF THE UPS Item #16A21- WITHDRAWN AMENDING THE COLLIER COUNTY ADMINISTRATIVE CODE FEE SCHEDULE OF DEVELOPMENT-RELATED REVIEW AN PROCESSING FEES AS PROVIDED FOR IN THE CODE OF LAW SECTION 2-11, FOR THE PURPOSE OF RE- LABELING THE BUILDING VALUATION DATA TABLE - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A22 FOUR STATE HOUSING INITIATIVE PARTNERSHIP (SHIP) BUDGET AMENDMENTS RECOGNIZING ADDITIONAL PROGRAM REVENUE, CARRY-FORWARD AND CLOSING OUT GRANT YEAR 2003 AND GRANT YEAR 2004 IN THE AFFORDABLE HOUSING TRUST FUND (191) - EXCEEDING BUDGETED REVENUE BY $555,810 AS A RESULT OF ACTUAL MORTGAGE PAYMENTS, MORTGAGE PAYOFFS, AND STATE HOUSING FUNDS EXCEEDING BUDGETED AMOUNTS Item #16B1 FOUR ADOPT-A-ROAD AGREEMENTS FOR THE FOLLOWING: LORI YOUNG, FLORIDA HOME REALTY- AIRPORT ROAD 1, LORI YOUNG, FLORIDA HOME REALTY- AIRPORT ROAD 2, LORI YOUNG, FLORIDA HOME REALTY- RADIO ROAD AND ASAP ACCOUNTING SERVICE OF ANA Page 162 -~'--""'. November 1, 2005 PATINO, INC. - AT NO COST BECAUSE OF ALREADY EXISTING SIGNS Item #16B2 PURCHASE OF THREE (3) TRACTOR MOWERS FROM CREEL TRACTOR COMPANY IN THE AMOUNT OF $106,370.16 IN ACCORDANCE WITH STATE BID CONTRACT #765-900-452- TO MAINTAIN COUNTY RIGHT -OF WAYS Item #16B3 PURCHASE OF ONE (1) ARTICULATED MOTOR GRADER FROM THE NORTRAX EQUIPMENT COMPANY IN THE AMOUNT OF $142,159.17 IN ACCORDANCE WITH THE FLORIDA SHERIFF'S ASSOCIATION OF COUNTIES CONTRACT #05-13-0822 - TO MAINTAIN COUNTY RIGHT- OF-WAYS Item #16B4 PURCHASE OF ONE (1) BULLDOZER FROM THE NORTRAX EQUIPMENT COMPANY IN THE AMOUNT OF $143,867.01 IN ACCORDANCE WITH THE FLORIDA SHERIFF'S ASSOCIATION OF COUNTIES CONTRACT #05-13-0822 - TO MAINTAIN CANAL BANKS AND COUNTY RIGHT-OF-WAYS Item #16B5 RESOLUTION 2005-376: SUPERSEDING AND REPLACING RESOLUTION NUMBER 2003-134 IN ORDER TO EXPAND AND REDEFINE A "NO PARKING" ZONE ALONG GRIFFIS Page 163 November 1, 2005 HIGHWAY, COMMONLY KNOWN AS CAPRI BOULEVARD, AT A COST OF $800 - DUE TO NARROW PASSAGES THAT HA VE CREATED TRAFFIC SAFETY HAZARDS FOR DRIVERS, PEDESTRIANS AND COULD ENCUMBER EMERGENCY VEHICLE TRAVEL FOR THE AREA TO EXTEND SOUTH FROM THE PUBLIC PARKING AREA TO HILO DRIVE ON THE EAST ASIDE OF CAPRI BLVD. AND FROM NORTH OF THE FIRE STATION DRIVEWAY SOUTH TO HILO DRIVE ON THE WEST SIDE OF CAPRI BLVD. IS THIS WAY TOO WORDY?? Item #16B6 CHANGE ORDER NO.2 TO PROFESSIONAL SERVICES AGREEMENT NO. 03-3509 IN THE AMOUNT OF $310,540 FOR ADDITIONAL ENGINEERING SERVICES WITH AMERICAN CONSULTING ENGINEERS OF FLORIDA, LLC FOR DESIGN ADDITIONS AND MODIFICATIONS TO THE GOODLETTE- FRANK ROAD EXPANSION PROJECT FROM GOLDEN GATE PARKWAY TO POMPEI LANE, PROJECT, PROJECT NO. 60005 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16B7 PURCHASE OF FOUR (4) CREW CAB FLAT BED DUMP TRUCKS IN ACCORDANCE WITH COLLIER COUNTY BID #04-3591 FROM WALLACE INTERNATIONAL TRUCKS IN THE AMOUNT OF $256,880.96 - TO ENHANCE THE DAILY REP AIR AND MAINTENANCE ON COUNTY ROADWAYS AND RIGHT-OF-WAYS WITHIN THE ROAD MAINTENANCE DEPARTMENT Item #16B8 Page 164 November 1,2005 STAFF TO ENTER INTO A WORK ORDER IN THE AMOUNT OF $176,548 WITH JOHNSON ENGINEERING, INC. FOR THE DESIGN, PERMITTING, AND CONSTRUCTION ENGINEERING AND INSPECTION SERVICES OF THE FLORIDA POWER AND LIGHT (FP&L) GREENWAY FROM RATTLESNAKE HAMMOCK ROAD TO RADIO ROAD, PROJECT #69081 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16B9 PURCHASE TWO (2) 20-CY DIESEL POWERED DUMP TRUCKS IN ACCORDANCE WITH COLLIER COUNTY BID #05-3731 FROM WALLACE INTERNATIONAL TRUCKS IN THE AMOUNT OF $193,280.24 - TO ENHANCE THE DAILY REP AIR AND MAINTENANCE ON COUNTY ROADWAYS AND RIGHT-OF-WAYS WITHIN THE ROAD MAINTENANCE DEPARTMENT Item #16C1 BID NO. 05-3872 FOR REINFORCEMENT OF DRIVEWAYS FOR THE RESIDENTIAL TRASH COLLECTION & DISPOSAL PROGRAM TO NR CONTRACTORS, INC. ESTIMATED VALUE OF $200,000 FROM THE MANDATORY TRASH COLLECTION FUNDS - TO REINFORCE AND REPAIR DRIVEWAYS THAT ARE USED AS TURN-A-ROUNDS BY TRASH COLLECTION HAULERS Item # 16C2 BUDGET AMENDMENT RETURNING EXCESS GRANT Page 165 November 1,2005 PROCEEDS FOR THE PETROLEUM CLEAN CONTRACT GC623 BACK TO THE STATE OF FLORIDA Item #16C3 BID #05-3871, SOUTH COUNTY INFLOW AND INFILTRATION REPAIR SERVICES & INSTALLATION OF NEW INTERIOR MANHOLE CHIMNEY SEALS AND MANHOLE REHABILITATION TO D.N. HIGGINS, INC. FOR COUNTY- WIDE MAINTENANCE OF MANHOLES IN THE ESTIMATED ANNUAL AMOUNT OF $803,300 FROM PROJECT NO. 725001 - TO MINIMIZE THE INFILTRATION AND INFLOW OF STANDING WATER INTO THE WASTEWATER SYSTEM Item #16C4 AN AMENDMENT TO WORK ORDER JEI-FT -05-02-A FOR THE CONSTRUCTION ENGINEERING INSPECTION SERVICES TO JOHNSON ENGINEERING INC., (JEI) TO INSPECT THE CONSTRUCTION OF THE WATER MAIN ON U.S.41 IN THE AMOUNT OF $164,758, PROJECT #71059 - FROM RATTLESNAKE HAMMOCK ROAD TO BAREFOOT WILLIAMS ROAD Item #16C5 BLANKET PURCHASE ORDER WITH U.S. FILTER FOR MAINTENANCE AND REPAIR OF ODOR CONTROL UNITS AT BOTH THE NORTH COUNTY RECLAMATION FACILITY AND THE SOUTH COUNTY WATER RECLAMATION FACILITY, IN THE AMOUNT OF $145,094 - AS DETAILED IN THE EXECUTIVE SUMMARY Page 166 November 1, 2005 Item #16C6 BID #05-3882, ANNUAL GENERATOR REPAIR, MAINTENANCE & INSTALLATION TO POWER PRO-TECH SERVICES, INC. FOR COUNTY-WIDE MAINTENANCE OF EQUIPMENT IN THE ESTIMATED ANNUAL AMOUNT OF $350,000 - ENABLING GREATER PRODUCTIVITY FOR STAFF TO PERFORM OTHER TASKS WHILE ENSURING RELIABLE SOURCES OF EMERGENCY POWER FOR COUNTY DEPARTMENTS DURING UNEXPECTED POWER INTERRUPTIONS Item #16Dl - Continued to the November 15,2005 BCC Meeting. AN AGREEMENT WITH COLLIER COUNTY CHILD ADVOCACY COUNCIL TO PROVIDE SUPERVISED VISITATION SERVICES IN COLLIER COUNTY. SERVICES WILL BE REIMBURSED THROUGH A GRANT AWARDED BY THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE ON VIOLENCE AGAINST WOMEN IN THE AMOUNT OF $125,000 - TO EXPAND AND ENHANCE THE SERVICES OF THE EXISTING LOCAL VISITATION CENTER FOR THE CONTRACT PERIOD OF SEPTEMBER 1,2005 THROUGH AUGUST 31, 2006 Item #16El FOURTEEN (14) ADDITIONAL CLASSIFICATIONS AS FRS SENIOR MANAGEMENT POSITIONS, MODIFICATIONS AND ADDITIONS TO THE DEFERRED COMPENSATION MATCH, AND THE ADDITION OF RETIREE HEALTH INSURANCE Page 167 November 1,2005 PROGRAM - AS DETAILED IN THE EXECUTIVE SUMMARY Item # 16E2 CONVEYANCE OF AN EASEMENT TO FLORIDA POWER AND LIGHT COMPANY FOR THE INSTALLATION OF ELECTRICAL FACILITIES TO SERVE THE V ANDERBIL T BEACH PARKING GARAGE, AT A COST NOT TO EXCEED $27.00, PROJECT #90295 Item # 16E3 WAIVE FORMAL COMPETITION AND USE EASTON POWER QUALITY CORPORATION FOR SERVICES OVER $25,000 FOR THE PURCHASE OF UPS BACK-UP BATTERY SYSTEMS AND THE MAINTENANCE AND WARRANTY OPERATIONS OF THESE SYSTEMS - FOR ALL COUNTY OWNED BUILDINGS AND ASSETS Item #16E4 BID #05-3880 "WATER TREATMENT SERVICES/CHEMICALS FOR COOLING TOWER TO AQUASURE, INC. FOR WATER TREATMENT SERVICES/CHEMICALS FOR COOLING TOWERS - FOR EXPENSES AVERAGING $34.000 ANNUALLY Item #16E5 BID #05-3857 FOR THE PURCHASE AND INSTALLATION OF FLOOR COVERING TO WAYNE WILES CARPETS, INC. D/B/A WAYNE WILES FLOOR COVERINGS (AS PRIMARY VENDOR) AND LP GROUP, INC. D/B/A CARPET & MORE (AS Page 168 November 1, 2005 SECONDARY VENDOR) - FOR COUNTY OWNED STRUCTURES Item #16Fl PROPOSED AMENDMENT TO TOURIST DEVELOPMENT TAX CATEGORY "A" BEACH AND BEACH PARK FACILITIES FUNDING POLICY - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16F2 RESOLUTION 2005 - BAR-Ol: AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2004-05 ADOPTED BUDGET Item #16F3 AN AGREEMENT BETWEEN COLLIER COUNTY AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ACCEPTING $105,806 FOR AN EMERGENCY MANAGEMENT PROGRAM ENHANCEMENT - WITHIN COLLIER COUNTY FOR FISCAL YEAR 2006 Item #16F4 BUDGET AMENDMENT IN THE AMOUNT OF $391,011.23 FOR THE PURCHASE OF TWO AMBULANCES AND ONE FORD EXPEDITION FOR REPLACEMENTS TO THE EMERGENCY MEDICAL SERVICES FLEET Page 169 November 1,2005 Item #16F5 CHANGE ORDER 1 TO RESEARCH SERVICES CONTRACT #03-3538 WITH EVANS, KLAGES, INC. DATED OCTOBER 28, 2003 FOR ADDITIONAL FUNDING IN THE AMOUNT OF $33,000 FOR A TOTAL OF $108,000 AND APPROVE CHANGE ORDER 1 TO BE RETROACTIVE OCTOBER 1,2005 - FOR MARKETING AND RESEARCH AND TO EXTEND THE CONTRACT TO SEPTEMBER 30, 2006 Item #16F6 THE PURCHASE OF GOVMAX SOFTWARE ($45,000 PER ANNUM) FOR BOTH THE OPERATING AND CAPITAL MODULES - FOR A STATE OF THE ART BUDGET SOFTWARE PACKAGE TO PROVIDE FLEXIBILITY AND FUNCTIONALITY TO MEET THE COUNTY'S NEEDS Item #16G1 SERVICE CONTRACT OF THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE DIRECTOR - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16H1 COMMISSIONER COLETTA REQUESTS REIMBURSEMENT FOR ATTENDING THE FRIENDS OF THE DEVELOPMENTALL Y DISABLED INAUGURAL FUND RAISER ON NOVEMBER 5, 2005 IN THE AMOUNT OF $50.00 TO BE PAID FROM THE COMMISSIONER'S TRAVEL Page 1 70 November 1, 2005 BUDGET - TO BE HELD AT THE V ANDERBIL T COUNTY CLUB Item #16H2 - Withdrawn COMMISSIONER COLETTA REQUESTS REIMBURSEMENT FOR ATTENDING THE BONITA SPRINGS NOON ROTARY, AS A SPEAKER, ON NOVEMBER 3, 2005 IN THE AMOUNT OF $14.00, TO BE PAID FROM THE COMMISSIONER'S TRAVEL BUDGET Item #16H3 COMMISSIONER COLETTA REQUESTS REIMBURSEMENT FOR ATTENDING THE 2005 SOUTHWEST FLORIDA BLUE CHIP COMMUNITY BUSINESS AWARD RECOGNITION BREAKFAST ON NOVEMBER 3, 2005 IN THE AMOUNT OF $10.00, TO BE PAID FROM THE COMMISSIONER'S TRAVEL BUDGET - HELD AT THE HILTON NAPLES & TOWERS Item #16H4 COMMISSIONER COLETTA REQUESTS REIMBURSEMENT FOR ATTENDING THE AVE MARIA UNIVERSITY & TOWN GROUNDBREAKING AND RECEPTION ON NOVEMBER 1, 2005 IN THE AMOUNT OF $20.00, TO BE PAID FROM THE COMMISSIONER'S TRAVEL BUDGET - HELD AT 5100 CAMP KEAIS ROAD Item #16H5 COMMISSIONER HENNING REQUESTS REIMBURSEMENT Page 171 November 1, 2005 FOR ATTENDING THE EDUCATION FOUNDATION BREAKFAST FEATURING REPRESENTATIVE DUDLEY GOODLETTE AS SPEAKER ON OCTOBER 26, 2005 AT THE HILTON HOTEL, IN THE AMOUNT OF $18.95 TO BE PAID FROM THE COMMISSIONER'S TRAVEL BUDGET Item #16H6 COMMISSIONER HALAS REQUESTS REIMBURSEMENT FOR ATTENDING THE AVE MARIA UNIVERSITY & TOWN GROUND BREAKING CEREMONY AND RECEPTION ON NOVEMBER 1, 2005 AT 5100 CAMP KEAIS ROAD, IN THE AMOUNT OF $20.00 TO BE PAID FROM THE COMMISSIONER'S TRAVEL BUDGET Item #16H7 COMMISSIONER HALAS REQUESTS REIMBURSEMENT FOR ATTENDING THE ROOKERY BAY ENVIRONMENTAL LEARNING CENTER CUBAN CARIBBEAN COOKOUT & COCKTAIL PARTY ON OCTOBER 26,2005, IN THE AMOUNT OF $20.00, TO BE PAID FROM THE COMMISSIONER'S TRAVEL BUDGET - HELD AT ROOKERY BAY, 300 TOWER ROAD Item #16H8 COMMISSIONER HALAS REQUESTS REIMBURSEMENT FOR ATTENDING THE BLUE CHIP RECOGNITION BREAKFAST ON NOVEMBER 3, 2005 AT THE HILTON NAPLES & TOWERS, IN THE AMOUNT OF $10.00 TO BE PAID FROM THE COMMISSIONER'S TRAVEL BUDGET Page 1 72 November 1,2005 Item #16H9 COMMISSIONER FIALA REQUESTS REIMBURSEMENT FOR ATTENDING THE AVE MARIA UNIVERSITY & TOWN GROUND BREAKING CEREMONY AND RECEPTION ON NOVEMBER 1,2005 AT 5100 CAMP KEAIS ROAD, IN THE AMOUNT OF $20.00 TO BE PAID FROM THE COMMISSIONER'S TRAVEL BUDGET Item #16H10 COMMISSIONER FIALA REQUESTS REIMBURSEMENT FOR ATTENDING THE ROOKERY BAY ENVIRONMENTAL LEARNING CENTER CUBAN CARIBBEAN COOKOUT & COCKTAIL PARTY ON OCTOBER 26,2005, IN THE AMOUNT OF $20.00, TO BE PAID FROM THE COMMISSIONER'S TRAVEL BUDGET - HELD AT ROOKERY BAY, 300 TOWER ROAD Item #1611 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page 173 FOR BOARD ACTION: BOARD OF COUNTY COMMISSIONERS MISCELLAl'ŒOUS CORRESPONDENCE Oct. 25, 2005 Moved to Nov.l, æ05 Due to Hurricane wilma 1. Certificate of Correction: NEED MOTION authorizing the Chairman to sign Certificate of Correction to the tax rolls as presented by the Property Appraiser's Office. RECOMMEND APPROVAL. ., MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. September 10,2005 - September 16, 2005. 2. September 17, 2005 - September 23,2005. 3. September 24,2005 - September 30,2005. 4. October 1,2005 - October 7,2005. B. Districts: 1. Golden Gate Fire Control & Rescue District: Notice of Registered Agent; Public Meeting Schedule for 2005/2006; Fiscal Year 2006 Budget: Fire District Map; and Letter Regarding Outstanding Bonds. 2. Cow Slough Water Control District: Annual Local Government Financial Report for Fiscal Year ended September 2004; Audited Financial Statement; and Fiscal Year 2006 Budget. 3. Verona Walk Development District: 2005-2006 Fiscal Year Regular Meeting Schedule. 4. Quarrv Communitv Development District: Minutes of July 11,2005; Agenda of July 11, 2005. C. Minutes: 1. Golden Gate M.S.T.U. Adyisory Committee: Minutes of the August 30. 2005 Special Meeting; Minutes of September 13, 2005; Agenda of October 11, 2005. 2. Collier County Planning Commission: Agenda of October 6,2005; Transcript of September 1, 2005; Transcript of August 18,2005. ~! :) -\ TA \MeJanie\2005 MISCELLANEOUS CORRESPONDENCE\November 1. 2005 Misc. ~··2.;p.Joc 3. Productivity Committee: Minutes of August 17, 2005. a) IT Team of the Efficiency and Effectiveness Subcommittee: Minutes of July 15,2005; Minutes of July 20, 2005. b) Benefits Sub-Committee: Minutes of June 2,2005. 4. Bayshore Beautification M.S.T.U.: Agenda of October 12,2005; Minutes of September 14,2005. 5. Land Acquisition Advisory Committee: Agenda of October 10, 2005; Transcript of September 12, 2005. 6. Collier County Library Advisory Board: Agenda of September 28,2005; Minutes of August 24, 2005. 7. Pelican Bay Services Division: Agenda of September 7,2005; Minutes of September 7, 2005; Agenda of October 5,2005. a) Budget Sub-Committee: Agenda of September 21,2005; Minutes of September 21,2005. b) Clam Bay Sub-Committee: Agenda of September 7,2005; Minutes of September 7,2005. 8. Collier County Environmental Advisory Council: Jan's Trams Eco-Tours Listed Plant Survey Report of September 2005. 9. Collier County Hispanic Affairs Advisory Board: Minutes of August 25, 2005; Agenda of August 25,2005. H:\DATA\Melanie\2005 MISCELLANEOUS CORRESPONDENCE\November 1,2005 Misc. Corresp.doc November 1, 2005 Item #16J1 BUDGET AMENDMENT APPROPRIATING CARRY FORWARD AND EXPENDITURE BUDGETS IN THE AMOUNT OF $279,410,911.18 FOR OPEN PURCHASE ORDERS FOR NON- PROJECT FUNDS AND FOR UNEXPECTED BUDGET FOR PROJECT FUNDS AT THE END OF FISCAL YEAR 2005 - UNSPENT BALANCES AUTOMATICALLY ROLLED INTO THE NEW FISCAL YEAR Item # 16J2 ENDORSE THE UNITED STATES DEPARTMENT OF JUSTICE/DEPARTMENT OF TREASURY FEDERAL EQUITABLE SHARING ANNUAL CERTIFICATION REPORT Item # 16J3 A LEASE WITH PITNEY BOWES, INC. FOR ABSENTEE BALLOT AND MAILING EQUIPMENT FOR THE SUPERVISOR OF THE ELECTIONS OFFICE - TO ENHANCE THE VOTER REGISTRATION SYSTEM Item #16K1 A MEDIATED SETTLEMENT AGREEMENT AND A STIPULATED FINAL JUDGMENT TO BE DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT IN THE AMOUNT OF $517,500.00 FOR THE ACQUISITION OF PARCELS 135, 735AAND 735B IN THE LAWSUIT STYLED COLLIER COUNTY V. W AL-MART STORES, INC., ET AL., Page 174 November 1, 2005 CASE NO. 04-3632-CA (IMMOKALEE ROAD PROJECT NO. 66042). (FISCAL IMPACT: $307.332.00) Item #16K2 A MEDIATED SETTLEMENT AGREEMENT AND STIPULATED FINAL JUDGMENT FOR PARCEL 158 IN THE LAWSUIT STYLED COLLIER COUNTY V. JOSEPH GUIDISH, JR., ET AL., CASE NO. 03-2549-CA (GOLDEN GATE PARKWAY PROJECT 60027) (FISCAL IMPACT $11,987) Item #16K3 A MEDIATED SETTLEMENT AGREEMENT AND STIPULATED FINAL JUDGMENT FOR PARCELS 160 & 960 IN THE LAWSUIT STYLED COLLIER COUNTY V. BEVERLY J. GATTI, ET AL., CASE NO. 03-2551-CA (GOLDEN GATE PARKWAY PROJECT 60027) (FISCAL IMPACT $41,211) Item #16K4 APPLICATION FOR TAX DEEDS FOR THIRTY-ONE (31) COUNTY-HELD TAX CERTIFICATES AND TO AUTHORIZE A NOTICE TO PROCEED TO THE TAX COLLECTOR Item #16K5 THE DESIGNATION OF ONE (1) ADDITIONAL CLASSIFICATION AS SENIOR MANAGEMENT SERVICE POSITION FOR FLORIDA RETIREMENT SYSTEM (FRS) ELIGIBILITY PURPOSES; TO APPROVE THE ADDITION OF AN ANNUAL MATCH INTO THE DEFERRED Page 175 .......__..._~_,._.,..._,._.,,'__~_..-"'..M.'_'....''''_..____·-~-,- November 1,2005 COMPENSATION ACCOUNTS (THE COUNTY'S 457 DEFINED CONTRIBUTION PLAN) OF EMPLOYEES WHO RECEIVE A LUMP SUM MERIT INCREASE, OF ASSISTANT COUNTY ATTORNEYS (EQUIVALENT TO COUNTY MANAGER DEPARTMENT DIRECTOR POSITIONS), AND OF THE CHIEF ASSISTANT COUNTY ATTORNEY (EQUIVALENT TO THE DEPUTY COUNTY MANAGER Item #16K6 "AMENDMENT TO SETTLEMENT AND ZONING AGREEMENT" FOR THE PROPERTY CONTAINED WITHIN THE ORANGE BLOSSOM RANCH PUD Item #17A - Continued to the November 15,2005 BCC Meeting A RESOLUTION AMENDING RESOLUTION NUMBER 05-261 THAT GRANTED CONDITIONAL USE APPROVAL FOR THE FLORIDA HOME MODEL CENTER EXTENSION TO CORRECT A SCRIVENERS ERROR RESULTING FROM AN INCORRECT LEGAL DESCRIPTION INCLUDED IN THE ADOPTED RESOLUTION FOR PROPERTY LOCATED IN SECTION 15, TOWNSHIP 49 S, RANGE 26 E, COLLIER COUNTY, FLORIDA. Item #17B - Continued to the November 15,2005 BCC Meeting RECOMMENDATION TO APPROVE PETITION A VPLAT2005- AR8151 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTYS AND THE PUBLICS INTEREST IN A PORTION OF THE 7.5 FOOT WIDE DRAINAGE EASEMENT LOCATED ALONG THE SIDE OF LOT 67, BLOCK F, ACCORDING TO THE PLAT OF FLAMINGO ESTATES AS RECORDED IN PLAT Page 176 ",,---",. "~'-'---~--;'~'- November 1,2005 BOOK 10, PAGES 34 THROUGH 35, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 1, TOWNSHIP 50 SOUTH, RANGE 25 EAST. Item #17C RESOLUTION 2005-377: SE-05-AR-8029 AMENDING RESOLUTION NUMBER 05-235, THE TOWN OF AVE MARIA DRI TO CORRECT A SCRIVENER'S ERROR IN EXHIBIT A- LEGAL DESCRIPTION OF THE RESOLUTION TO THE TOWN OF AVE MARIA DEVELOPMENT ORDER NUMBER 05-01 FOR PROPERTY THAT IS LOCATED ON THE NORTH SIDE OF OIL WELL ROAD (CR-858), THE WEST SIDE OF CAMP KEAIS ROAD AND APPROXIMATELY 6,000 FEET SOUTH OF IMMOKALEE ROAD (CR-846). THE PROPERTY LIES WITHIN SECTIONS 4-9 & 16-18, TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 31-33 TOWNSHIP 47 SOUTH, RANGE 29 EAST Item #17D RESOLUTION 2005-378: SE-05-AR-8030 AMENDING RESOLUTION NUMBER 05-234A, THE TOWN OF AVE MARIA STEWARDSHIP RECEIVING AREA (SRA) TO CORRECT A SCRIVENER'S ERROR IN EXHIBIT A - LEGAL DESCRIPTION OF THE RESOLUTION TO THE TOWN OF AVE MARIA SRA FOR PROPERTY THAT IS LOCATED ON THE NORTH SIDE OF OIL WELL ROAD (CR-858), THE WEST SIDE OF CAMP KEAIS ROAD AND APPROXIMATELY 6,000 FEET SOUTH OF IMMOKALEE ROAD (CR-846). THE PROPERTY LIES WITHIN SECTIONS 4-9 & 16-18, TOWNSHIP 48 SOUTH, RANGE 29 EAST AND SECTIONS 31-33 TOWNSHIP 47 SOUTH, RANGE 29 Page 177 ,,-,..,,-¡,;~._~,,_..,,~-' November 1,2005 EAST Item #17E - Continued to the November 15,2005 BCC Meeting PUDZ-04-AR-6422, D. WAYNE ARNOLD OF Q. GRADY MINOR & ASSOCIATES, P. A., AND GEORGE VARNADOE OF CHEFFY, PASSIDOMO, WILSON & JOHNSON, REPRESENTING THE LUTGERT COMPANIES, REQUESTING TO REZONE 53 ACRE SITE FROM RURAL AGRICULTURE (A) ZONING DISTRICT TO A MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD) TO BE KNOWN AS THE MERCATO MPUD PERMITTING A MAXIMUM OF 395,000 SQUARE FEET OF RETAIL FLOOR SPACE, 100,000 SQUARE FEET OF OFFICE SP ACE, AND A MAXIMUM OF 80 HOTEL UNITS IS PERMITTED WITHIN THE 27.7-ACRE MIXED USE TRACT AND 175 RESIDENTIAL DWELLING UNITS IN A MIXED-USE AREA AND ON A 10.67 ACRE RESIDENTIAL TRACT RESULTING IN A DENSITY OF 3.3 UNITS PER ACRE. THE PROPERTY IS LOCATED ON THE NORTHEAST QUADRANT OF V ANDERBIL T BEACH ROAD (CR-862) AND T AMIAMI TRAIL NORTH (US-41) IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST. Item #17F ORDINANCE 2005-56: AN ORDINANCE AMENDING ORDINANCE NO. 2003-59, WHICH IS ARTICLE V OF CHAPTER 49 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, INCORPORATING CHANGES TO THE ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM, AND ESTABLISH A MAXIMUM ANNUAL BUDGET OF $300,000 TO FUND THE PROGRAM Page 178 <-_._-_._,_.,....".~~,---------.._-,"'..__.~'-^ November 1, 2005 Item #17G - Continued to the November 15,2005 BCC Meeting PUDZ-A-2004-AR-6126 WCI COMMUNITIES, INC., AND CDC LAND INVESTMENTS, INC., REPRESENTED BY RICHARD D. YOV ANOVICH, ESQUIRE, OF GOODLETTE, COLEMAN & JOHNSON, P.A. AND ROBERT J. MULHERE, AICP, OF RW A, INC., REQUESTING A REZONE FROM THE PLANNED UNIT DEVELOPMENT (PUD), AGRICULTURAL-SPECIAL TREATMENT AREA (A-ST) AND AGRICULTURAL (A) ZONING DISTRICTS TO THE MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT, FOR A PROJECT TO BE KNOWN AS THE SABAL BAY PUD. A PORTION OF THE SITE IS CURRENTLY KNOWN AS THE CDC PUD OR COLLIER DR!. THE PROPOSED PROJECT WILL INCLUDE A RESIDENTIAL COMPONENT CONSISTING OF A MAXIMUM OF 1 ,999 VARIED HOUSING TYPE UNITS AND GOLF COURSE, COMMERCIAL USES, RECREATION/VILLAGE CENTER USES, AND PUBLIC FACILITY USES, PRESERVE AREAS AND RIGHTS-OF-WAY. THE PROPERTY IS LOCATED SOUTH OF THOMASSON DRIVE, SOUTH AND WEST OF U.S. 41, NORTH AND WEST OF THE WENTWORTH PUD, AND EAST OF THE NAPLES BAY INTERCOASTAL WATERWAY. THE PROPERTY IS IN SECTIONS 23, 24, 25, 26 AND 36, TOWNSHIP 50 SOUTH, RANGE 25 EAST, AND SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2,416.08 ACRES. (COMPANION ITEM TO AGENDA ITEM #17H - DRIABN-2004-AR-6251) Item #17H - Continued to the November 15,2005 BCC Meeting DRIABN-2004-AR-6251 COLLIER DEVELOPMENT CORPORATION (CDC) REPRESENTED BY GEORGE Page 179 ."""'~-_.'- November 1, 2005 VARNADOE, OF CHEFFY, P ASSIDOMO, WILSON & JOHNSON, LLP, REQUESTING ABANDONMENT OF A DEVELOPMENT OF REGIONAL IMP ACT (DRI) FOR THE CDC DRI APPROVED IN DRI DEVELOPMENT ORDER 86-2, APPROVED ON NOVEMBER 10, 1986 BECAUSE THE PROPOSED CHANGES TO THE PUD WILL REDUCE THE PROJECT BELOW THE APPLICABLE CRITERIA FOR A DR!. THE PROPERTY IS LOCATED SOUTH OF THOMASSON DRIVE, SOUTH AND WEST OF U.S. 41, NORTH AND WEST OF THE WENTWORTH PUD, AND EAST OF THE NAPLES BAY INTERCOASTAL WATERWAY. THE PROPERTY IS IN SECTIONS 23, 24, 25, 26 AND 36, TOWNSHIP 50 SOUTH, RANGE 25 EAST, AND SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2,416.08 ACRES. COMPANION TO PUDZ-A-2004-AR-6126- SABAL BAY PUD (COMPANION ITEM TO AGENDA ITEM #17G - PUDZ-A-2004-AR-6126) Item #171 RESOLUTION 2005-BAR-02: A RESOLUTION AMENDING THE FISCAL YEAR 2004-2005 ADOPTED BUDGET IN ACCORDANCE WITH SECTION 129.06~ FLORIDA STATUTES Item #17J ORDINANCE 2005-57: AMENDING THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 14, ARTICLE II, WHICH REGULATES AND CONTROLS ANIMALS WITHIN THE AREA OF COLLIER COUNTY, AS PROMULGATED BY ORDINANCE 93-56, AS AMENDED; AMENDING SECTION 14-26, PERTAINING TO Page 180 "'-"'~'--"'--'-""'-- November 1,2005 DEFINITIONS; AMENDING SECTION 14-27, PERTAINING TO PENALTIES; AMENDING SECTION 14-31, PERTAINING TO ENFORCEMENT; PROVIDING FOR CONFLICT AND SEVERABILITY, INCLUSION IN THE CODE OF LAWS AND ORDINANCES AND AN EFFECTIVE DATE Item #17K - Continued to the November 15,2005 BCC Meeting PUDEX-2005-AR-7909 LODGE ABBOTT AND ASSOCIATES, LLC, REPRESENTED BY RICHARD D. YOV ANOVICH, OF GOODLETTE, COLEMAN AND JOHNSON, PA, IS REQUESTING A 2-YEAR EXTENSION OF THE COCOHATCHEE BAY PUD. THE SUBJECT PROPERTY, CONSISTING OF 532 ACRES, IS LOCATED ON THE NORTHWEST CORNER OF WIGGINS PASS ROAD AND VANDERBILT DRIVE, IN SECTIONS 8,16,17, AND 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. Page 181 --"0"',,"_-""- November 1, 2005 ******* There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:30 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL '1uJ-w. æ FRED W. COYLE, aIrman . AtÍèst at . etM:1 run ' , . S1~íaH~1,;' . . . .~ 1 ' These minutes appr~y the Board on 0 ~ 1.3 ¡ 200-:3 as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. Page 182