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BCC Minutes 01/10/2006 R January 10, 2006 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, January 10, 2006 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 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 ii"'" '::::: ,/ ''''''''-'. . <'- :" "","<,..,,<,v~.,~,...::::;::::t:;~: AGENDA January 10, 2006 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 PRESENTATION 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 Page 1 J an nary 10, 2006 OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Associate Pastor Reverend Dean Dalrymple, United Church of Marco Island 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. October 14, 2005 - BCC/Va1ue Adjustment Board Meeting C. November 29,2005 - BCC/Regu1ar Meeting D. December 5, 2005 - BCC/Va1ue Adjustment Board Meeting E. December 6,2005 - BCC/SheriffWorkshop F. December 9, 2005 - BCC/Gap Housing Workshop G. December 13, 2005 - BCC/Regu1ar Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) Page 2 January 10,2006 4. PROCLAMATIONS A. Proclamation designating January 27, 2006, as International Holocaust Remembrance Day. To be accepted by Murray Hendel and Jack Nortman, Co- Presidents of the Holocaust Museum of Southwest Florida. B. Proclamation designating January 15 through 21, 2006, as Purple Martin Week. To be accepted by Jerry Glasson, President of the Purple Martin Society of Collier County. C. Proclamation designating January 21 - June 25, 2006, as Wyeth, Wright & Bravo Season. To be accepted by Jackie Lane, Creative Director, Philharmonic Center for the Arts and Myra Janco Daniels, chairman and CEO, Philharmonic Center for the Arts. 5. PRESENTATIONS A. SELECTION OF CHAIRMAN AND VICE CHAIRMAN B. Presentation to members of various agencies recognizing the Emergency Medical Services Paramedics, Firefighters and Law Enforcement personnel who, through their skills and knowledge, have successfully brought back to life individuals who had died. The "Phoenix" is a mythological bird that died and rose renewed from its ashes. 6. PUBLIC PETITIONS A. Public Petition request by the Jerusalem Haitian Community Center, Inc. to discuss operation of the CAT bus service on Sundays. B. Public Petition request by Mr. Stephen Widzicki regarding paving residential streets. Item 7 and 8 to be heard no sooner than 1 :00 f).m., unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This petition requires that participants be sworn in and ex parte disclosure be provided by Commission members. CU-03-AR-4647: Mitchell D. House, represented by Donald J. Murray, AICP, and Coastal Page 3 January 10,2006 Engineering Consultants, Inc., is requesting a Conditional Use to allow for the establishment of an eco-tourist facility in the Rural Agricultural-Area of Critical State Concern/Special Treatment Overlay (A-ACSC/ST) zoning district pursuant to Section 2.04.03, Table 2, of the Collier County Land Development Code. The subject property is located approximately of a mile west ofS.R. 29, on the north side of U.S. 4l, in Section 25, Township 52 South, Range 29 East, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the County Government Productivity Committee. B. Appointment of member to the Collier County Planning Commission. C. Appointment of members to the Ochopee Fire Control District Advisory Committee. D. Appointment of members to the Development Services Advisory Committee. E. Appointment of member to the Collier County Citizens Corps. F. Appointment of members to the Golden Gate Community Center Advisory Committee. 10. COUNTY MANAGER'S REPORT A. Report to the Board of County Commissioners the efforts of the Contractor Licensing Office and the Code Enforcement Department regarding the regulation of contractors found in violation of applicable laws and ordinances. (Joseph K. Schmitt, Administrator, Community Development & Environmental Services Division) B. Recommendation to award Bid No. 06-3904 - Purchase of asphalt and related items for the estimated annual amount of $2.3 million to Better Roads Inc., as primary and Bonness Inc., as secondary. (Norman Feder, Page 4 January 10,2006 Administrator, Transportation Services) C. Recommendation that the Board of County Commissioners approve a request for dedication of right of way within the Livingston Village PUD to accommodate the potential future extension of Green Boulevard. (Norman Feder, Administrator, Transportation Services) D. Recommendation to approve award of bid 06-3922 in the Amount of $1,237,040 for Pump Stations 109 and 113 Improvements to Douglas N Higgins Inc. Project 73945. (Jim DeLony, Administrator, Public Utilities) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve final acceptance of water utility facilities for Blue Heron, Phase 1-A. 2) Recommendation to approve an Agreement for Sale and Purchase with Ve1ma R. Graham as Trustee of the Velma R. Graham Declaration of Trust dated the 21 st day of June, 1995 for 10.26 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $373,500. Page 5 January 10,2006 3) Recommendation to approve final acceptance of water and sewer utility facilities for Laurel Lakes, Phase 1. 4) Recommendation to approve final acceptance of water and sewer utility facilities for Heritage Greens, Phase IB and II. 5) Recommendation to approve for recording the final plat of Fiddlers Creek Phase 3, Unit Three, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 6) Recommendation to approve for recording the final plat of Valencia Golf and Country Club Clubhouse. 7) Recommendation to approve final acceptance of water and sewer utility facilities for Briarwood, Unit 5. 8) Recommendation to approve final acceptance of water utility facilities for Lalique at the Vineyards. 9) Recommendation to approve for recording the final plat of Orange Blossom Ranch Phase 1B, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 10) Recommendation to approve final acceptance of water and sewer utility facilities for Huntington Lakes Unit One. 11) Recommendation to approve final acceptance of water utility facilities for Coventry Square. 12) Recommendation to approve final acceptance of water and sewer utility facilities for Camelot Park at the Vineyards. 13) Recommendation to approve final acceptance of sewer utility facilities for Sanctuary Pointe at Sterling Oaks. 14) Recommendation to approve final acceptance of water and sewer utility facilities for Tiburon Golf Club Clubhouse. Page 6 January 10, 2006 15) Recommendation to approve final acceptance of sewer utility facilities for Grey Oaks, Unit 15. 16) Recommendation to approve final acceptance of sewer utility facilities for Isla Vista at Grey Oaks. 17) CARNY-05-AR-8426, Vonda Welky, Fair Manager, Collier County Fair and Exposition, requesting a permit to conduct the annual Collier County Fair on February 3 through February 12, 2006, at the Collier County Fair Grounds located on SR- 846, North Golden Gate. 18) Recommendation to direct the County Manager or his designee to prepare and submit an application for purchase by the Conservation Collier Program of specific parcel(s) associated with the Countys purchase of Fleischmann-Caribbean Gardens properties. 19) Recommendation to approve for recording the final plat of Fiddlers Creek Phase Four, Unit Three, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 20) Recommendation to approve for recording the final plat of Marbella Lakes, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 21) Recommendation to approve an Interim Management Plan for the Malt property under the Conservation Collier Land Acquisition Program. 22) Recommendation to approve an Interim Management Plan for the W atkins/1 ones property under the Conservation Collier Land Acquisition Program. B. TRANSPORTATION SERVICES 1) Recommendation to approve an Easement Agreement and accept a Drainage Easement for the purpose of installing a pipe to connect new and existing underground culverts to alleviate the storm water flooding which occurs in the Twin Lakes subdivision along Granada Boulevard. (FY 2006 Proj ect 510058) (Fiscal Impact $21,000. plus Page 7 January 10, 2006 recording fees) 2) Recommendation to approve a change order in the amount of $296,500.00 to CH2M Hill, Inc. amending contract #05-3774 Gordon River Water Quality Park (project No. 510185) Engineering Design contract. 3) Recommendation to approve an Alternative Access and Relocation Agreement associated with the six-laning of Collier Boulevard (CR 951) from Golden Gate Boulevard to Immokalee Road. (Project No. 65061, Capital Improvement Element No. 37). Fiscal Impact: $92,000.00 4) Recommendation to award annual contract 06-3900 to Big Cypress Mitigation Bank, Little Pine Island Wetland Mitigation, and Panther Island Mitigation Bank/Southwest Florida Wetlands Joint Venture for Wetlands Mitigation Credits, Bid No. 06-3900. 5) Recommendation to approve the Governmental Facilities Relocation Agreement with the Florida Power & Light Company in the estimated amount of $551 ,626.67 for replacement of transmission poles and holding of guy poles in connection with the Good1ette-Frank Road expansion project from Golden Gate Parkway to Pompei Lane, Project No. 60005. 6) Recommendation that the Board Authorize the Transportation Division Administrator or His Designee to Execute a License Agreement Between Collier County and Individuals or Businesses Licensed to Practice Surveying and Mapping in the State of Florida to Allow Access to the County's Global Positioning System (GPS) Network for the Purpose of Surveying and Mapping. 7) Recommendation to approve expenses for McDonald Transit that were incurred in Fiscal Year 04/05 under contract 00-3146 that expired on September 30, 2005 in the amount of $42,000. 8) Recommendation to approve and execute a contract amendment between Collier County and the Commission for the Transportation Disadvantaged for funding in the amount of $235,466 for the Page 8 January 10,2006 provision of transportation for qualified Medicaid recipients. 9) Recommendation to approve the Park-n-Ride Site Identification Study FY 2006. 10) Recommendation to approve the use of Federal Transit Administration (FTA) FY 05/065307 grant funds for the purchase of three transit buses under Florida Public Transportation Association/Hartline contract #2003-07-01, trolley decal wraps, and necessary equipment (in the estimated amount of$ 880,971) and to recognize additional FTA FY 05/065307 grant funds. c. PUBLIC UTILITIES 1) Recommendation to approve a $4,500,000 increase to Purchase Order Number 4500055195, issued to Solid Resources, Inc., for hurricane debris removal monitoring work, from an initial emergency estimate of $500,000 to the budgeted amount of $5,000,000. 2) Recommendation to authorize conveyance of an Easement to Florida Power & Light Company (FPL) for the installation of underground electric facilities to provide electric service to the North County Regional Water Treatment Plant Reverse Osmosis Well field (NCRWTP RO Wellfield), at a cost not to exceed $27.00, Project Number 710061. 3) Recommendation to reject the two bids received for Bid No. 05-3897 and to authorize the staff to re-advertise for the Golden Gate Well field Reliability Improvements Well No. 34; Project 70158. 4) Recommendation to approve Work Order RKS-FT-3681-06-01 for professional engineering services from RKS Consulting Engineers, Inc. for the Water and Wastewater Energy Efficiency Enhancements in the amount of$121,000, Project Numbers 71007 and 73071. 5) Recommendation that the Board approve payment of $82,339 to Douglas N. Higgins, contractor for the Florida Department of Environmental Protection Agency (FDEP) Division of Recreation and Parks towards In-Kind services in accordance with FDEP Consent Page 9 January 10,2006 Order OGC-552-11-DW Project 73161. 6) Recommendation to award Bid #05-3884 Furnish and Deliver Sodium Chlorite to International Dioxide as the primary contractor and Altivia as the secondary contractor in the estimated amount of $68,988 per year. 7) Recommendation to approve the South Florida Water Management District Local Governmental Agreement Amendment No. DG040617- A02 extending the original agreement to partially fund the Manatee Road Four New Potable Water Aquifer Storage and Recover (ASR) Wells System, Project 70157. 8) Recommendation to rescind the bid award 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. 9) Recommendation to approve a modification to Purchase Order 4500041201 in the amount of$4,146,000.00 for professional services being performed under Contract 04-3673 with Carollo Engineers for design of the Northeast Regional Water Treatment Plant and Water Reclamation Facility, Project Numbers 70902 and 73156. D. PUBLIC SERVICES 1) Recommendation to approve a Resolution Designating the Month of February as Domestic Animal Services Senior Appreciation Month and Providing for a Fee Reduction to Senior Citizens in the Amount of $10 for the Adoption of Dogs and Cats During that Month. 2) Recommendation to approve a Resolution authorizing the after-the- fact submittal of a Community Development Block Grant for expansion of the Physician Led Access Network of Collier County Project in the amount of $85,000. 3) Report expenditure of Direct Material Purchase program funds to purchase Communications Services for North Collier Regional Park in the amount of $107,796.44 from Aztek Communications. Page 10 January 10, 2006 E. ADMINISTRATIVE SERVICES 1) Recommendation to approve a budget amendment for $74,098.05 to recognize carry-forward for new air conditioners (Project 52162). 2) Recommendation to waive formal competition and approve the purchase of annual software maintenance for the electronic document management systems (EDMS) for five years. ($48,000) 3) Recommendation to approve and execute the attached License Agreement with Mayflower Congregational United Church of Christ, Inc., for temporary employee parking during construction of new County Fleet, Collier Area Transit, and Sheriffs Office Fleet facilities at an annual rental not to exceed $14,400, Project 520093. 4) Recommendation to approve and execute the attached Lease Agreement with Roger Carvallo for temporary office space to house the Guardian Ad Litem office during construction for the new Courthouse Annex building at a first years annual cost not to exceed $24,744, Project 52533. 5) Recommendation to approve an expenditure of $ 26,825 for emergency radio tower repairs following Hurricane Wilma. 6) Report and Ratify S taff- Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. 7) Recommendation to approve change order number two Exhibit E in the amount of$232,608.59 under contract number 04-3709, construction of Emergency Medical Services (EMS) Facility 19 with Brooks and Freund, LCC. Recommendation to approve an amendment to the Collier County Driver Education Grant Program. F. COUNTY MANAGER 1) Recommend Approval to authorize payment of funds to Coastal Planning and Engineering for work performed prior to the issuance of a Purchase Order and Notice to Proceed for the reevaluation of Clam Pass Inlet Management Plan. ($34,462) Page 11 January 10, 2006 2) Recommendation to approve ZOLL Medical Corporation as the sole source provider of various proprietary, noninvasive resuscitation devices and disposable electrodes and accompanying accessories. ($24,000) 3) Recommend approval by the Board of County Commissioners for Change Order No.2 to Work Order #HM-FT-05-02, under Contract 01-3271 for $45,250 to Humiston and Moore to extend construction phase services through December, 2005 and provide laboratory analysis of sand samples as required by FDEP permit on the Hideaway Beach Project No. 90502. 4) Recommend Approval to authorize payment of funds to Coastal Planning and Engineering for work performed prior to the issuance of a Purchase Order and Notice to Proceed for the preparation ofFEMA funding packages for beach damages from Hurricanes Katrina and Wilma. ($86,265) 5) Recommendation to approve a $60,000 Budget Amendment to fund legal fees incurred in the law suit Dwight E. Brock v. Board of County Commissioners, Linda T. Swisher and Paul W. Wilson, Case No. 04-941-CA, Twentieth Judicial Circuit in and for Collier County. 6) To establish supplemental budget appropriations in a centralized cost center within the General Fund for Hurricane Wilma recovery efforts. ($125,000) 7) Recommend approval of Change Order #4 with Marine Contracting Group for additional expenditure of $210,000 under contract 05-3744, Project No. 905021. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Henning requests Board approval for reimbursement to attend a function serving a valid public purpose. Commissioner to attend the Economic Development Council of Collier County's Pre- Legislative Luncheon at The Strand Country Club on Wednesday, Page 12 January 10,2006 December 14,2005. $20.00 to be paid from Commissioner's travel budget. 2) Commissioner Coletta request approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid to attend the Gala Celebrating the 5th Anniversary of Jerusalem Haitian Community Center, Inc. on December 10, 2005 and is requesting reimbursement in the amount of$20.00, to be paid from his travel budget. 3) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Economic Development Council Pre-Legislative Luncheon on December 14,2005 at The Strand Country Club; $20.00 to be paid from Commissioner Halas travel budget. 4) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Issues '06 Southwest Regional Delegation Forum on December 16, 2005 at FGCU; $40.00 to be paid from Commissioner Halas travel budget. 5) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. The event was the Marco Island Chamber of Commerce Christmas Island Style Gala on December 7,2005. $60.00 to be paid from Commissioner Fiala's travel fund. 6) Commissioner Coletta requests approval for reimbursement for prepayment to attend a function serving a valid public purpose. Commissioner prepaid to attend the ULI Southwest Florida 9th Annual Winter Institute Conference on February 3, 2006, and is requesting reimbursement in the amount of $25.00 to be paid from his travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous correspondence to file for record with action as directed. Page 13 January 10, 2006 J. OTHER CONSTITUTIONAL OFFICERS 1) Authorize the Supervisor of Elections to accept voter education funds with a 150/0 matching contribution. ($49,121.91) 2) Recommendation to create a Criminal Case Management System, including the creation of a Case Management Coordinator position, to expedite cases through criminal court system (FY06 costs of $38,100). 3) Approve the Interlocal Agreement for Election Services which leases the County owned voting machines to the City of Naples for use in the City's February 7, 2006 election, and to authorize the execution of this agreement by the Chairman of the Board of County Commissioners. K. COUNTY ATTORNEY 1) Recommendation that the Board of County Commissioners Authorize the County Attorney's Office to Make a Business Damage Offer to Settle a Claim for Business Damages by Work-A-Ho1ics Landscape Management, Inc. resulting from the Acquisition of Parcels 103A, 103B, 103C, 103D, 103E and 703 in the Case Styled Collier County v. Cullen Z. Walker, et aI., Case No. 05-0728-CA (Logan Boulevard Project #60166) (Fiscal Impact, if accepted, is $550,000). 2) Recommendation to approve the Offer of Judgment in the amount of $53,130.00 as to Parcels 115 & 715 in the lawsuit styled Collier County v. Rafael Liy, et aI., Case No. 05-752-CA (Collier Blvd. Project No. 65061). (Fiscal Impact $13,970.55, if offer accepted) 3) Recommendation to approve the Offer of Judgment in the amount of $37,605.00 as to Parcels 122 & 722 in the lawsuit styled Collier County v. Gulfstream Homes, Inc., et aI., Case No. 05-758-CA (Collier Blvd. Project No. 65061). (Fiscal Impact $7,827.15, if offer accepted) 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY Page 14 January 10,2006 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 bv Commission members. CU-2005-AR-7749: Living Word Family Church, represented by Laura Spurgeon, AICP, of Johnson Engineering is requesting a Conditional Use pursuant to Section 2.04.03 (Table 2) of the Collier County Land Development Code (LDC) for the property to be used for a Church Facility in the Rural Agricultural (A) zoning district. The subject property, consisting of 18.1 acres, is located on the south side of Immokalee Road, approximately 2 1/2 miles east ofCR 951 in Section 30, Township 48 South, Range 27 East, Collier County, Florida. B. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDZ-A-2004-AR- 5431: C & R Realty of Richmond, Inc, represented by Robert L. Duane of Hole Montes, Inc., and R. Bruce Anderson of Roetzel & Andress is requesting a rezone from Estates E and Planned Unit Development PUD zoning districts to the Commercial Planned Unit Development "CPUD" zoning district to be known as Cambridge Square CPUD, an office and retail development consisting of a maximum of 80,000 square feet of commercial development and 35,000 square feet of office uses located on approximately 16.1 acres, on the northeast corner of the intersection of Pine Ridge Road (CR 896) and Livingston Road, in Section 7, Township 49 South, Range 26 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 15 January 10,2006 January 10,2006 MR. MUDD: Mr. Chairman-- CHAIRMAN COYLE: Ladies and gentlemen, the Board of County Commission meeting is now in session, and we're going to have the invocation delivered by Associate Pastor Reverend Dean Dairymple from the United Church of Marco Island. Would you all please stand. REVEREND DAlRYMPLE: Let us pray. Oh, God. Help our County Board of Commissioners to feel your presence and your will with the issues before us on the agenda this day. Help us to respond to your goodness with your love and concern for our county. This elected body has need of your guidance and your affirmation. Might we realize your greater good in all that is done here this morning. Help us to realize that peace of yours that passes all understanding, amen. CHAIRMAN COYLE: Please join us in the pledge of allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN COYLE: Thank you. Okay. County Manager, do you have any changes to the agenda for us? MR. MUDD: Yes, sir. Item #2A REGULAR CONSENT AND SUMMARY AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES Agenda changes, Board of County Commissioners meeting, January 10, 2006. Item 16B6, index title should read, recommendations that the board authorize the county manager as designee, rather than the transportation division administrator. All backup material is correct. Page 2 January 10, 2006 That change was at staffs request. The next item is item 16E1. The word revenue was omitted from the index title and should read, recommendation to approve a budget amendment of $74,098.05 to recognize carry-forward revenue, and that's at staffs request. Item 16E4, the project number for this item should be 525331 rather than what's on the piece of paper, which is 52533, and forgot the one at the end. There's six digits to that number. All backup material is correct. That change was at staff s request. Item 16E6, fiscal impact on the executive summary should read, there is a fiscal impact resulting from this action. That's at staffs request. And for the next time that shows on the board meeting, we'll summarize all those changes in a dollar amount, and that will be in the -- on the executive summary in the title. Next item is 16K1. It should be noted for the record that the proposed offer to business damages will be inclusive of costs to cure the existing improvements as well as damages to improvements, and that change is at staffs request. That's all I have, sir. CHAIRMAN COYLE: Thank you. MR. MUDD: I believe the county attorney has some things. CHAIRMAN COYLE: Thank you very much. Ms. Filson? MS. FILSON: I have a speaker for consent agenda item 16C 1. CHAIRMAN COYLE: Okay, thank you. County Attorney? MR. WEIGEL: Thank you, Mr. Chairman. In regard to item 16B5, under transportation, which is a recommendation to approve the governmental facilities relocation agreement with the Florida Power and Light Company in the estimated amount of$551,000 and change for replacement of Page 3 January 10, 2006 transmission poles and holding of any guy poles in connection with the Goodlette-Frank Road expansion project, I would note that if the board approves this on the consent agenda, that they include in their approval that such approval is subj ect to approval by the county attorney of the indemnification language in the ultimate agreement. We have an issue with the indemnification language that's being proposed by FP &L right now, and we want to protect the board and the taxpayers. CHAIRMAN COYLE: So you're suggesting that ifit is approved, it be approved subject to the changes in the ultimate agreement. MR. WEIGEL: Exactly right, relating to the indemnification clause. CHAIRMAN COYLE: Okay. MR. WEIGEL: Thank you. CHAIRMAN COYLE: Very well, thank you. N ow we have a speaker for an item on the consent agenda, I'm sorry, the summary agenda. Ms. Filson? MR. WEIGEL: I believe that was 16C1, she indicated, of the consent agenda. CHAIRMAN COYLE: Oh, 16Cl. MR. WEIGEL: On the consent agenda. CHAIRMAN COYLE: On the consent agenda. MR. WEIGEL: Okay. CHAIRMAN COYLE: Okay. Who is that speaker? MS. FILSON: Bob Krasowski. MR. KRASOWSKI: Good morning, Commissioners. My name is Bob Krasowski. I'm with the Zero Waste, Collier County Group. I would like to respectfully request that consent agenda item 16C 1 be pulled and put on the regular agenda. This item deals with the transfer of funds to the tune of $4 and a Page 4 January 10, 2006 half million for the payment of monitoring of the horticulture waste collection after Hurricane Wilma, and I have some questions and comments about that. CHAIRMAN COYLE: Okay. Thank you very much, Mr. Krasowski. MR. KRASOWSKI: Thank you. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: Yes. As we normally do when most public comments come forward asking for an item to be pulled, I will be asking for that item to be pulled at that time; 16C 1, is it? I'm sorry? COMMISSIONER HALAS: Yes, 16Cl. CHAIRMAN COYLE: Okay. Commissioner Halas, do you have any changes to the agenda or any ex parte disclosures for the summary agenda? COMMISSIONER HALAS: Good morning, Chairman. I do not have any changes to the agenda nor do I have any ex parte on the summary agenda. CHAIRMAN COYLE: Commissioner Coletta? COMMISSIONER COLETTA: I would like -- I have no disclosures to make on the summary agenda. I would like to pull 16C1, as I mentioned a few moments ago. And in addition to that, I'd also like to see that -- if any of my fellow commissioners have any concern about 1 7B about the interconnectivity that's going to be lacking if we approve it as is from the summary agenda. I have concerns, but I don't want to bring them forward and belabor the situation if none of my fellow commissioners also share that concern. CHAIRMAN COYLE: I think the best way to deal with it is to pull it if you're concerned with it. COMMISSIONER COLETTA: Okay. I'll pull it. 17B and 16C1. Page 5 January 10, 2006 CHAIRMAN COYLE: Okay. MR. MUDD: 17B would become 8A, and 16C1 will become 10E. CHAIRMAN COYLE: Okay. Anything else? COMMISSIONER COLETTA: No, that's it. Thank you, sir. CHAIRMAN COYLE: Okay. And I have no further changes to the agenda, and I do not have any ex parte disclosures. Commissioner Fiala? COMMISSIONER FIALA: Yes. Although it's probably not an ex parte on 1 7 A, my son goes to that church and I knew that they were moving. And although I haven't really talked to anybody about it, I thought I'd just put that on the record anyway, that he goes to that church and I knew they were moving. And the second -- other than that I have nothing else to -- but I do want to ask our county chairman (sic), when is a good time to read this proclamation from Marco Island? MR. MUDD: Ma'am, you can -- I would say that during communication when you talk to the board about what you've received and let them know that. COMMISSIONER FIALA: Okay. Thank you very much. CHAIRMAN COYLE: Commissioner Henning? COMMISSIONER HENNING: Yeah. The 17B, as far as Commissioner Coletta's concerns, it complies to the growth management plan, and particularly language of the Golden Gate Estates Master Plan. I'm going to give disclosures in case he wants to keep it on the summary agenda. I have talked to planning commission members, residents of the area, I also received correspondence from staff. The things they would like to pull from the summary -- or consent agenda is 16E7. CHAIRMAN COYLE: 16B, bravo, 7? COMMISSIONER HENNING: 16 Edward 7. Page 6 January 10, 2006 CHAIRMAN COYLE: Edward. COMMISSIONER HENNING: And 16 Edward 6. MR. MUDD: Okay. 16E -- let's do it in order. 16E6 would be 10F, and 16E7 would be lOG. CHAIRMAN COYLE: Okay. Thank you very much. Now, is there a motion for approval of today's agenda -- COMMISSIONER HALAS: So moved. CHAIRMAN COYLE: -- the regular, consent and summary agenda as modified? COMMISSIONER HALAS: So moved. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion by Commissioner Halas, second by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign. Aye. So it passes 4-1, with me dissenting. I see puzzled looks. COMMISSIONER FIALA: Yeah. CHAIRMAN COYLE: Well, let me tell you. I think when something is pulled from the agenda it should be pulled for a good reason, and the reason should be stated very clearly. I do not think such was done with 16C 1. And for that reason, I voted against it. So we can proceed. Page 7 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING Januarv 10. 2006 Item 16B6: Index title should read: "Recommendation that the Board authorize the County Manager or his designee. . ." (rather than Transportation Division Administrator). All backup material is correct. (Staff's request.) Item 16E1: The word "revenue" was omitted from the index title and should read: "Recommendation to approve a budget amendment for $74,098.05 to recognize carry-forward revenue. . .." (Staff's request.) Item 16E4: The project number for this item should be 525331 (rather than 52533). All backup material is correct. (Staff's request.) Item 16E6: Fiscal Impact on the Executive Summary should read: "There is a fiscal impact resulting from this action." (Staff's request.) Item 16K1: It should be noted for the record that the proposed offer for business damages will be inclusive of costs to cure the existing improvements, as well as damages to improvements. (Staff's request.) January 10,2006 Item #2B, #2C, #2D, #2E, #2F, & #2G MINUTES OF OCTOBER 14, 2005 BCC/V ALUE ADJUSTMENT BOARD; NOVEMBER 29, 2005 BCC REGULAR MEETING; DECEMBER 5, 2005 BCC/V ALUE ADJUSTMENT BOARD; DECEMBER 6, 2005 BCC/SHERIFF WORKSHOP; DECEMBER 9, 2005 BCC/GAP HOUSING WORKSHOP; AND DECEMBER 13, 2005 BCC REGULAR MEETING - APPROVED AS PRESENTED COMMISSIONER HENNING: Mr. Chairman, I make a motion that we approve October 4th, '05, BCC/Value Adjustment Board; November 29th, '05, Regular meeting; November (sic) 5th, '05, BCC/Value Adjustment Board; December 6, '05, BCC/Sheriffs Workshop; November (sic) 9th, '05, BCC/GAP Workshop; and December 13th, Regular meeting. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Okay. Motion to approve by Commissioner Fiala -- I'm sorry -- Commissioner Henning, second by Commissioner Fiala. All in favor of the approval of those minutes, please signify by saYIng aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: Then it passes unanimously. That brings us to service awards. County Manager? MR. MUDD: Sir, we don't have any service awards. CHAIRMAN COYLE: Okay. Page 8 January 10, 2006 MR. MUDD: That brings us -- CHAIRMAN COYLE: Why is it on the agenda? MR. MUDD: Sir, because that's a category that you have. You'll notice that it's got a blank space underneath. That brings us to four, proclamations. Item #4A PROCLAMATION TO DESIGNATE JANUARY 27,2006 AS INTERNATIONAL HOLOCAUST REMEMBRANCE DAY- ADOPTED Four A is a proclamation designating January 25, 2006, as International Holocaust Remembrance Day to be accepted by Murray Hendel and Jack N ortman, co-presidents of the Holocaust Museum of Southwest Florida. CHAIRMAN COYLE: Murray and Jack, would you please come forward? And anyone else. Of course. Stand here, face the audience, and I'll read the proclamation. Whereas, in a resolution co-sponsored by 104 member states, the United Nations General Assembly has designated January 27th as International Holocaust Remembrance Day in an effort to keep the memory of the Holocaust alive and to reaffirm unfaltering resolve to prevent the recurrence of such crimes and future of acts of genocide; and, Whereas January the 27th, 1945, is currently recognized as the official day of remembrance for Holocaust victims in many countries and marks the day when an advancing Soviet army liberated the largest Nazi death camp, Auschwitz-Birkenau in Poland; and, Whereas, Collier County encourages all its citizens to recognize the grievous crimes committed during the Holocaust and to remember the suffering of the 11 million humans who perished; and, Page 9 January 10, 2006 Whereas, the Holocaust Museum of Southwest Florida promotes tolerance and understanding by teaching the history and lessons of the Holocaust through its educational programs. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that January 27, 2006, be designated as International Holocaust Remembrance Day. Done and ordered this 10th day of January, 2006, Board of County Commissioners, Collier County, Florida, Fred Coyle, Chairman. Commissioners, I make a motion that we accept this proclamation. COMMISSIONER HALAS: Second. CHAIRMAN COYLE: 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. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: It passes unanimously. Thank you very much for your good work. Congratulations. COMMISSIONER HALAS: Thank you very much. (Applause.) COMMISSIONER FIALA: Hi, Murray. Nice to see you. CHAIRMAN COYLE: Stay here for a picture, please. And would any of you like to make a brief comment? No, at the podium. We'll get you on the mike so we can hear you. MR. HENDEL: I would like to thank the Board of County Commissioners for this wonderful honor. I would also like to note that Fred Coyle serves on the Holocaust Advisory Committee. Thank you very much. CHAIRMAN COYLE: Thank you. Page 10 January 10, 2006 Item #4B PROCLAMATION TO DESIGNATE JANUARY 15 THROUGH 21, 2006 AS PURPLE MARTIN WEEK - ADOPTED MR. MUDD: Commissioner, the next item is under 4, proclamations, it's 4B. It's a proclamation designating January 15th through the 21st, 2006, as Purple Martin Week. To be accepted by Jerry Glasson, president of Purple Martin Society of Collier County. CHAIRMAN COYLE: And it will be presented by Commissioner Fiala. COMMISSIONER FIALA: Whereas, in a very short time, thousands of our very beautiful feathered friends, the Purple Martins will return from their winter home in Brazil; and, Whereas, these birds will be searching for suitable housing to enable them to nest and rear their young; and, Whereas, the Florida legislature has designated Collier County the Purple Martin Capital of Florida. Wow. Whereas, the Purple Martin Society of Collier County is desirous of urging the public to erect proper housing for these very valuable winged creatures by placing said houses on their property; and, Whereas, during the period of January 15th through the 21st, the Purple Martin Society of Collier County will endeavor to alert the public to how valuable these birds are in helping to diminish the insect and mosquito population. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that January 15th through the 21 st be designated Purple Martin Week. Done and ordered this 10th day of January, Board of County Commissioners, Fred Coyle, Chairman. I make a motion to approve. CHAIRMAN COYLE: And I second. Page 11 January 10, 2006 COMMISSIONER FIALA: I'm amazed. I didn't realize we were Purple Martin County of Florida. I think that is so cool. Do you -- where can we get these Purple Martin houses? MR. GLASSON: Oh, you can order them from -- one source is dried up. But you can order them over the Internet. COMMISSIONER FIALA: Okay. MR. GLASSON: And we have a place out at the Extension Center. COMMISSIONER FIALA: Okay. I've asked Mr. Glasson, is that -- MR. GLASSON: Glasson. COMMISSIONER FIALA: Glasson -- where we can get Purple Martin houses for those who would like to put them in their yards, and he said out at the Extension Services and -- or you can order them over the Internet. Well, thank you very much for being here today, sir. CHAIRMAN COYLE: Okay. We have a motion to approve by Commissioner Fiala, second by Commissioner Coyle. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: It passes unanimously. Let's get a picture. (Applause.) CHAIRMAN COYLE: Oh, wait a minute. We need to present that. Let's present it to him. Thank you very much. COMMISSIONER FIALA: I think that's cool. CHAIRMAN COYLE: Pass the word. Page 12 January 10, 2006 COMMISSIONER FIALA: Yeah, I will. COMMISSIONER COLETTA: Thank you for your dedication. I think this is your fifth year I can remember. COMMISSIONER HALAS: Congratulations. Keep up the great work. COMMISSIONER FIALA: Would you like to say a few words? CHAIRMAN COYLE: That mike I don't think is turned on. Let's try this one over here. MR. GLASSON: First of all, I'd like to thank the commission for designating the 15th of January as Purple Martin Week. I'm happy to report that most of our, as we call ourselves, landlords survived the little thing that passed through here, and we have spotted some birds that have returned. They haven't started nesting yet, but they will. So -- but we came out in pretty good shape because we took most of the houses down, so I thank you again. COMMISSIONER FIALA: Thank you, sir. CHAIRMAN COYLE: Thank you. Item #4C PROCLAMATION TO DESIGNATE JANUARY 21 - JUNE 25, 2006 AS WYETH~ WRIGHT & BRAVO SEASON - ADOPTED MR. MUDD: Commissioner, the next proclamation is 4C. It's a proclamation designating January 21 st through June 25, 2006, as Wyeth, Wright & Bravo Season. To be accepted by Jackie Lane, creative director of the Philharmonic Center for the Arts, and Myra Janco Daniels, Chairman and CEO of the Philharmonic Center for the Arts. CHAIRMAN COYLE: And this proclamation will be presented by the commissioner from -- whose district -- or in whose direct the Philharmonic is located, and that would be Commissioner Halas. Page 13 January 10, 2006 COMMISSIONER HALAS: Come forward, Ms. Daniels. And it gives me great pleasure to read this proclamation in regards to the upcoming art exhibit. Whereas, the Philharmonic Center for the Arts cultural complex is the leading arts center in Southwest Florida, encompassing both world-class visual and performing arts, along with arts education; and, Whereas, the Naples Museum of Art and the Philharmonic Center for the Arts are dedicated to enlightening, educating, and entertaining citizens of all ages in Collier County and the surrounding area; and, Whereas, the Naples Museum of Art's exhibition Andrew Wyeth & Family is expected to be the last time Andrew Wyeth's famous Helga paintings, which were recently sold to a private collector, will be seen in the exhibition; and, Whereas, the exhibition of Andrew Wyeth & Family will be the first exhibition ever in which the Helga paintings are displayed along with the works of Andrew Wyeth's son Jamie and his father, N.C., and' , Whereas, the Naples Museum of Art will also be presenting the Blockbuster exhibitions of Frank Lloyd Wright and the House Beautiful and Claudio Bravo featuring works never before seen in Southwest Florida; and, Whereas, Claudio Bravo will travel to Southwest Florida from his home in Morocco to participate in the opening of the exhibition, Claudio Bravo; and, Whereas, visitors and media will come to Naples Museum of Art from around the state and other parts of the country to experience these rare and exciting exhibitions. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that January 21 st through June 26, 2006, be designated as Wyeth, Wright and Bravo Season. Done and ordered this 10th day of January, 2006. Board of Page 14 January 10, 2006 County Commissioners, Collier County, Florida, Fred W. Coyle, Chair. I move that we approve this proclamation. COMMISSIONER FIALA: Second. CHAIRMAN COYLE: Motion by Commissioner Halas, second by Commissioner Fiala. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (N 0 response.) CHAIRMAN COYLE: It passes unanimously. (Applause.) COMMISSIONER HALAS: Thank you so much. COMMISSIONER HENNING: Exciting things this year. COMMISSIONER HALAS: Thank you so much for all your hard work. Appreciate it. MS. LANE: Thank you. I appreciate it. CHAIRMAN COYLE: Now, did you -- would you like to say something to us, Myra? MS. DANIELS: Well, we just appreciate very much this vote of applause for what we have done. And now we have to keep it up. Thank you. CHAIRMAN COYLE: You're doing a great job, too. Thank you very much. (Applause.) Item #5A COMMISSIONER HALAS SELECTED AS CHAIRMAN AND Page 15 January 10, 2006 COMMISSIONER COLETTA AS VICE CHAIRMAN - APPROVED CHAIRMAN COYLE: And now ladies and gentlemen, this brings us to the most important part of this entire meeting today. Today is my last day -- oh, I'm sorry, Myra. That was the most important part of this whole meeting. You know, I knew if I didn't say that I'd never get out of here alive. MS. DANIELS: You may not get into the Phil. CHAIRMAN COYLE: I'm sorry. But today is my last day as chair, and we're going to elect a new chairperson today. And I would like to thank all those people who have helped me over the past 12 months to chair the county commission, and that includes the county manager and his staff, without whom it would not have been possible, obviously, the county attorney, Ms. Filson and the wonderful aides that we have to help all of us, and to the members of the county commission, without whom nothing would get done. We always need three votes. Nobody does anything here single-handedly. So whatever we have done that is good is the result of majority vote of this entire commission, and whatever we have done wrong is the fault of Commissioner Coletta. COMMISSIONER COLETTA: I was glad to be of service to you. CHAIRMAN COYLE: So I don't know who pressed their button first, but -- Commissioner Henning did. I will now take nominations for the new chair and vice-chair. We may as well get it out of the way at the same time. Would that be suitable to you, Commissioner Henning? COMMISSIONER HENNING: That's fine. I'll throw one out there. I make a motion that we appoint Commissioner Halas as chair. COMMISSIONER FIALA: Second. Page 16 January 10, 2006 COMMISSIONER HENNING: And appoint Commissioner Coletta as vice-chair. COMMISSIONER FIALA: Oh, second. COMMISSIONER HALAS: Second. COMMISSIONER FIALA: That's where I was going, too. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: Oh, I'm glad -- we usually agree anyways. COMMISSIONER FIALA: I know. CHAIRMAN COYLE: Are there any other nominations? The nominations are then closed. I will now entertain votes on the -- Commissioner Halas to become the chair and Commissioner Coletta to become the vice-chair. All in favor, please signify by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COYLE: Any opposed, by like sign? (No response.) CHAIRMAN COYLE: It passes unanimously. And Commissioner Halas? COMMISSIONER FIALA: You know before you leave, I'd just like to say -- I mean, it looks like you're escaping to the door, but I really -- COMMISSIONER HALAS: No, no, he can't escape to a door. I have a little presentation I'd like to give him. COMMISSIONER FIALA: I'd just like to say what ajoy it's been working with you this year. You've done an outstanding job as our chairman, you've kept the meetings in order. And I just -- personally I want to say that I'm really proud of all the work you've Page 1 7 January 10, 2006 done. Thank you. CHAIRMAN COYLE: Thank you very much, and I'm proud of this commission, so thank you. And I'm going to switch places with Commissioner Halas now. COMMISSIONER COLETTA: Switch chairs? CHAIRMAN COYLE: Yes, we're going to switch chairs. COMMISSIONER COLETTA: I've been told to tag Commissioner Halas' spot here so he knows where to sit. When you come back from the break that will help you. CHAIRMAN HALAS: It's not on the computer now. COMMISSIONER COLETTA: I'll remind you this is where you sit. CHAIRMAN HALAS: At this time, before we take a five-minute break, I just would like to say that on behalf of the Board of County Commissioners, I feel that Fred Coy Ie did an outstanding job. We had a lot of issues that came before us this year, some of them were very, very tough decisions, some of them, of course, are easy. And of course, we don't -- we're here as a body of four legislatures that are voted by the citizens here in Collier County, and at no time can we make everybody happy. What we try to do is come to a general consensus in which, that hopefully we're doing the right things and the right choices to make sure that we plan for the future of Collier County and the citizens that are going to be moving here, the citizens that presently live here. And on behalf of the Board of County Commissioners, Fred, thank you so much for your dedicated service, working not only locally, but with state representatives in addressing issues that dearly concern all of us. COMMISSIONER COYLE: Thank you. (Applause.) CHAIRMAN HALAS: At that, we'll take a five-minute recess, Page 18 January 10,2006 and then we'll reconvene. Thank you. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, please take your seats. Commissioner, that- Item #5B A PRESENTATION TO MEMBERS OF VARIOUS AGENCIES RECOGNIZING THE EMERGENCY MEDICAL SERVICES PARAMEDICS, FIREFIGHTERS AND LAW ENFORCEMENT PERSONNEL WHO, THROUGH THEIR SKILLS AND KNOWLEDGE, HAVE SUCCESSFULLY BROUGHT BACK TO LIFE INDIVIDUALS WHO HAD DIED - PRESENTED CHAIRMAN HALAS: Thank you, County Manager. I believe we're starting off with 5B. That's the presentation of various agencies, recognizing the Emergency Medical Services, paramedics, firefighters, law enforcement personnel, who through their skillful knowledge -- skills and knowledge have successfully brought back to life individuals who have died. The Phoenix is a mythological, yeah, bird that died and rose and renewed from the ashes. And I think presenting is Dan Summers. MR. SUMMERS: Chairman and Commissioners, good morning. It's nice to be in front of this podium for a change with some really good news. It seems like I've kind of been up here lately and it's been driven by Mother Nature, so I'm glad to be in front of you. And this is an exciting day for me and the Bureau of Emergency Services. Sir, as you mentioned, the Phoenix is a mythological bird, sacred bird, that died and rose and renewed from its ashes and has hence become sort of a trademark, if you will, for our successful out-of-hospital cardiac arrest resuscitations. And Collier County continues to be a national leader in its Page 19 January 10, 2006 cardiac arrest survival rates here for a number of reasons. One, your early institution of the automatic external defibrillator and one of the pioneer ordinances in the country related to that particular program, our opportunity and our partnering with our first responders from law enforcement, our fire departments, our advanced life support engine response program, and most importantly bystander assisted CPR and the implementation of automatic external defibrillators around the county. So we, again, have a large number of awards to make for this successful cardiac arrest endeavor. There's a neat little sidebar associated with today's story, however, and that is that I'd like to ask Mr. Steve Lund and Rich DeGelan -- if Rich is here. I'd like for you two gentlemen to come forward and let me tell you just a little story about these civilians in terms of their responsibility for life-saving efforts. On May 13th, a visitor at the Golden Gate Aquatics and Fitness complex went into cardiac arrest while exercising on a leg press machine. Fitness attendant, Steve Lund, recognized the victim was in distress, and with the help of others, lowered him to the floor, checked for breathing and a pulse while 911 was called. Meanwhile, Rich DeGelan, program supervisor in the Parks and Recs. department, arrived on the scene, began alternating CPR with Steve Lund, while an off-duty Marco Island police officer retrieved an automatic external defibrillator on site. The AED was used along with CPR until emergency medical services personnel could arrive, and hence, a successful cardiac arrest resuscitation. And Steve tells me he still sees his client at the gym from time to time. So from the civilian side of the house and partnering with us under the Phoenix opportunities, I would like to present these certificates or these plaques of appreciation for their lifesaving efforts to both of these gentlemen. Page 20 January 10,2006 (Applause.) COMMISSIONER FIALA: I'd love to shake your hand. MR. LUND: Thank you. COMMISSIONER HENNING: No, thank you. COMMISSIONER COLETTA: Congratulations. Thank you for what you do. COMMISSIONER COYLE: Good job. Thank you. COMMISSIONER HENNING: Great job. MR. SUMMERS: Thank you, guys, very, very much. Nice to know these guys are around at the gym if we need some help. And I understand that Steve's wife is a registered nurse and teaches CPR and basic life support, so he has to be on his game, or I understand his instructor may not recertify him, so better behave there just a little bit. From Collier County EMS, I'm going to ask the following paramedics and staff to come forward, if you will. Valerie Thornsen; Lieutenant -- I'm sorry, Paramedic Diane Smith; Lieutenant Eric Havens; Eric Clere; Captain Les Williams; Lieutenant Leonard Pohl; Paramedic Antonio Navarro, and Antonio has his parents here as well; Battalion Chief Martha Ginter; Battalion Chief Steve Rockey; and Lieutenant Valeri Ouillette. Now, from our partner departments, we'll ask from-- representing East Naples Fire Department, Engineer Grant Danskine. I hope I'm pronouncing these names correctly. Firefighter Kevin Bee. And I believe Deputy Chief Doug Dyer is here. Doug, if you want to come forward and represent a couple of other folks that are on shift today. I believe that's William Packard, also from East Naples; Lieutenant Chris Ogden and Michael Reeves. Representing the North Naples Fire Department, James Pinkerton. Representing Golden Gate, I have Firefighter Kevin Schoch and Lieutenant Matthew Zaleznik. Page 21 January 10, 2006 And, again, to illustrate the partnership from the law enforcement, from the Collier County Sheriffs Office, John Borchers and Scott Peterson. These are the folks, again, in the last few months, who have been responsible both for an incredible number of out-of-hospital cardiac arrest saves and resuscitations. Again, Collier County setting a national trend, but I think most importantly, Commissioners, realize that this comes with hard work, it comes from the excellent direction of Dr. Bob Tober. Dr. Tober, if you'd like to join us and come up front. Dr. Tober's medical leadership keeping the Collier County emergency medical hospital system and its partners current on the latest technology and the skills training, we couldn't have that without Dr. Tober's oversight. And Commissioners, I present you with these candidates for the Phoenix award for this year. (Applause.) MR. SUMMERS: Sandra is going to arrange a few pictures if you could. White shirts in the back. MS. ARNOLD: If you're not in that color, on the end. MR. SUMMERS: And, Commissioners, we're going to take these folks downstairs and actually provide their ribbon, their service ribbon to them. CHAIRMAN HALAS: On behalf of the Board of County Commissioners, I just would want to say, we want to thank very much the dedication of the people before us today in regards to helping save lives here in Collier County. Thank you so much from the bottoms of our hearts. MR. SUMMERS: We're all done, Commissioners. Thank you. And to our paramedics and system providers, congratulations. (Applause.) COMMISSIONER HENNING: Thank you. CHAIRMAN HALAS: Thank you so much for your service. Page 22 January 10, 2006 Item #6A PUBLIC PETITION REQUEST BY THE JERUSALEM HAITIAN COMMUNITY CENTER, INC. TO DISCUSS OPERATION OF THE CAT BUS SERVICE ON SUNDAYS - PRESENTED MR. MUDD: Mr. Chairman, the next item on our agenda is item 6A, and we're under public petitions. It's a public petition request by the Jerusalem Haitian Community Center, Inc., to discuss operations of the CAT bus service on Sunday. MR. SINJUSTE: Good morning. CHAIRMAN HALAS: Good morning. COMMISSIONER FIALA: Good morning. MR. MUDD: State your name for the record, sir. MR. SINJUSTE: My name is Jacques Sinjuste. I am the president of the Jerusalem Haitian Community Center, and I would like to thank the Board of Commissioners to allow me to present the concern of the community. I am not by myself. I have with me Mr. Jean Clinton, member of my office, and Mr. Adrien Alpendre, which is the counsel of the Jerusalem Haitian Community Center. And I would allow him to present our concern. Thank you. MR. ALPENDRE: Good morning, Commissioners. Good mornIng, everyone. First of all, it is my duty to -- thank you again, Commissioner Coletta, for the eloquent, moving and inspiring keynote address that you delivered at our fifth anniversary. Your phrase, "I am proud to be the friend" should belong in the Oxford quotation books, and I mean it. It is the concern of Jerusalem Haitian Community Center and it is the concern of literally hundreds of residents in Collier County to find transportation on Sunday to perform their many duties and chores. Page 23 January 10,2006 Because of different reasons, religious or whatever, some of them have to abstain from working on Saturday and they work on Sunday. That is the case of many Haitian Americans living in Golden Gate who are members of the Seventh Day Adventist Church. I have tried to understand this in a more personal and immediate way by relinquishing my Boudreau and using public transportation myself to go every morning to the headquarters of Jerusalem Haitian Community Center, and I have been able to talk with lots of people that are facing that need. Having relatives in Oceola County, I have also been aware of how they were able to introduce Sunday service on a trial basis. Later on it became permanent, and on those routes that would be more productive and beneficial to the community, and at the same time taking into consideration the financial aspects they have, which we cannot ignore. Our petition to the Collier County Board of Commissioners would be to introduce on a trial basis, after the necessary preliminary studies, some bus services, CAT bus services, on Sunday, particularly to serve those people that live in areas like Naples Manor, Golden Gate, and we have to remember always Immokalee, people that have expressed their willingness to use public service and their need to have better transportation. We have also interviewed some businessmen and businesswomen in the area, people who employ these potential users of the service, and they have expressed their desire that this service would be extended if it were possible to do so. That's, in a nutshell, what our petition is to the honorable Board of Commissioners, and we would like it to be considered. Thank you very much. Mr. Sinjuste. CHAIRMAN HALAS: Thank you. MR. SINJUSTE: I thank Mr. Adrien for the -- CHAIRMAN HALAS: Excuse me. I believe that we only allow Page 24 January 10, 2006 one speaker in regards to the public comment, so I believe that the gentleman that was just up prior has basically expressed your desires and comments. MR. SINJUSTE: Yes; yes, sir. CHAIRMAN HALAS: Okay. So that's where we are at this point in time, okay? Thank you. CHAIRMAN HALAS: Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. I was wondering if I might be able to get a report from our CAT system to find out where we are. By the way, I just want to mention how proud I am of what we've been able to do with the busses. It's really remarkable in the past five years where we have come from and where we're going to. And what the greatest thing is is that there's a need out there that far exceeds what we're able to provide and there probably always will be. As you remember when this first started out five years ago, many of our residents throughout the community said this was going to be a total failure and that nobody would ride the bus and that eventually it would just go away and we were fools to be supporting it. Well, here we are today and we're moving forward. Could you give me an idea of where we are as far as services on Sunday? MS. FLAGG: Currently, their -- CAT provides services Monday through Saturday. There is no Sunday service. The hours run from seven in the morning until seven in the evening, give or take, because the routes are different. What we're doing and what we have been doing is focusing on the frequency, because that's the greatest request of the community members, rather than having to wait an hour for the next bus to come by, they want busses more frequent. And then the next request is the expanded hours and days. So at Page 25 January 10, 2006 this point in this year's budget, we have no funds budgeted for providing service on Sunday. COMMISSIONER COLETTA: Mrs. Flagg, if I may, what would the cost be to provide a service on Sunday? Just so we can start to have some idea and start to assimilate this as time goes along with the right directions. MS. FLAGG: And I apologize, it's Diane Flagg, director of alternative transportation modes. The cost to provide service on Sunday through the system is $515,000. COMMISSIONER COLETTA: That's a lot of money. COMMISSIONER FIALA: Say that one more time, please. MS. FLAGG: Five hundred fifteen thousand. COMMISSIONER COLETTA: And if I may ask another question, sir. CHAIRMAN HALAS: Sure. COMMISSIONER COLETTA: The long-range transportation study that's taking place right now, is there an opportunity for people there to be able to voice their opinion as far as the CAT service goes? MS. FLAGG: Yes. Each of the public workshops for the long-range transportation plan has had a transit component, and people are voicing their desire to expand the service, not only the hours and the days, but also the routes. COMMISSIONER COLETTA: Would you make the petitioner available to that particular study that's under way and -- so that they can enter their comments. MS. FLAGG: Uh-huh. COMMISSIONER COLETTA: And we'll be able to take this to the next level? It's not something that's going to happen overnight, obviously, but this is the first step. MS. FLAGG: And Commissioner, just your initial comments, last fiscal year, which ended September 30 of last year, CAT had Page 26 January 10,2006 951,000 boardings, so we're approaching a million boardings in a year. COMMISSIONER COLETTA: Oh, that's absolutely wonderful. CHAIRMAN HALAS: I have a question. At present time I believe we only have 17 busses and four in reserve. Your projection for long-range -- I don't want to carry this on. But your projection for long-range as far as what you've project is the growth of the CAT system in the next, let's say, next year? MS. FLAGG: Next year we would be looking at expanding the hours because we have many folks that work in the evening that are requesting service. And then we would also be looking potentially at Sunday service. CHAIRMAN HALAS: So I think at this point in time, we'll probable cover this. It will probably be coming up in the near future, maybe in the next budget hearing. So I believe that we'll take care of those concerns. If there's no further issues from -- or concerns from our fellow commissioners, we'll just let this pass, and I think we're going to be addressing this in the future. MS. FLAGG: Okay. CHAIRMAN HALAS: Okay, thank you. Item #6B PUBLIC PETITION REQUEST BY MR. STEPHEN WIDZICKl REGARDING PAVING RESIDENTIAL STREETS - WILL DISCUSS DURING BUDGET HEARINGS MR. MUDD: Commissioner, the next public petition is 6B. It's a public petition request by Mr. Stephen Widzicki regarding paving residential streets. MR. WIDZICKI: Good afternoon, members of the board. Have to forgive ifmy eloquence is missing. This is my first public speaking Page 27 January 10, 2006 attempt here. CHAIRMAN HALAS: Mine, too. MR. MUDD: State your name for the record. MR. WIDZICKI: My name is Stephen Widzicki. I'm a resident of Golden Gate Estates. My family has owned property basically there since about 40 years ago. My wife and I purchased our property in 1988. And it was kind of a long, hard road getting to live in our house, the way we acquired it. I guess you are aware of the letter I wrote to the County Manager's Office to petition to come to speak with you today. If you have any questions about what I had written there, I'd be happy to answer. I wrote myself some notes so I could just state my point for being here today. I'd like to start off by saying thank you, James Mudd, of the Collier County Manager's Office, David Weigel, county attorney, Norm Feder, administrator of transportation services, for permitting me to speak today to you. I'd like to thank Commissioner Jim Coletta for his efforts in achieving this goal. I'm sorry. I need these nowadays. I also would like to thank you fellow commissioners for your full support in completing this task at hand. My wife and I are vehicle owners, as are most of you. Approximately 30 percent of our annual income goes toward vehicle-related expenses. We are homeowners who do pay property taxes as well. A large number of us have some form of respiratory problems. As health conscious people, my wife and I have found it virtually important to our survival that we take daily walks for a good old- fashioned cardio workout and help clear the mind. Bottom line is this: The property owners of lime rock streets of Golden Gate, as well as numerous other Collier County maintained Page 28 January 10, 2006 roads, have an unfair disadvantage over the residential areas with paved streets. Number one, we are wearing out and depreciating expensive vehicles prematurely. We have to deal with dust clouds generated by every passing vehicle both outside and inside of our homes, often adding to respiratory distress. Number three, if any of you were to take a brisk walk down one of our streets, you would have to really concentrate on where you were stepping. We who live on lime rock roads pay a much higher price than those who don't with our cars, our homes, and our very lives. So I submit to you members of the board, this is completely doable. We already pay tax -- I'm sorry. That word wasn't written in there. That was faux pas. We already pay in excess to do without paved streets, when just paving our roads and paying our share through tax deductible funding seems like a win-win situation for all of us. As property owner, our land values increase, not to mention our quality of life. The county wins by getting a monkey off its back, bringing resolution to an age-old problem. To top it off, generation of higher revenues. As I see it, this is already a done deal but it's going to take all of us to pull together as a team and get it done with a get-it-done attitude. Ifwe don't, this problem will remain in the weeds of bureaucracy. I've learned a list of new terms that's still new to me. There is where you come in. Special taxing district, assessment district, municipal service taxing district or MSTD. To me that sounds like a disease. I don't understand these terms that well. Municipal service unit, taxing unit, or MSTU. That's part A of my new terms I have learned. Part B is terms like budget transfer, budget amendments, administrative costs, and costs and costs. Page 29 January 10, 2006 Our sincere hope, members of the board -- and I'm speaking for all the people who live on lime rock roads in Collier County, not just myself -- is that you will utilize your experience and resources and all those terms in list A and save the day for thousands of Collier County residents and help to ensure that all this gets done without resorting to the B list. Thank you. CHAIRMAN HALAS: Thank you very much. Commissioner Henning? COMMISSIONER HENNING: I think Commissioner Coletta was first. COMMISSIONER COLETTA: Oh, thank you. Steve, if I may. I appreciate first that you would be willing to take this on as one of the leaders for this particular effort for all the people that live on lime rock, county-owned maintained lime rock roads that are scheduled to be paved sometime in the future. I've been trying for some time to galvanize this effort. There's been a lot of people that have been calling my office complaining about the conditions of the roads. They're very concerned about the emergency vehicles trying to get across them. The county transportation department spends a small fortune trying to keep these roads maintained. Alas, lime rock roads are not something that hold up well. Just as soon as you re-grade them, it's just a matter of days before they fall back in disrepairs. I want you to know that my sympathy is with you. And we are going to bring an effort together to try to see what we can do, not just as a small group of people, but as a community. At this time I'd like to ask Mr. Feder to come up, if I may, and give us a brief history on lime -- the county-owned maintained lime rock roads and what we're up against. MR. FEDER: Okay. For the record, Norman Feder, Transportation Administrator. Page 30 January 10, 2006 What I'd like to do is just give you a very, very quick background, more for, I think, our listening audience than necessarily for this board. But essentially when Golden Gate Estates, before we took off the southern blocks, the largest platted subdivision in the world, was established GAC and Avatar. Once they had completed a certain portion of pretty much sold out the lots, they hadn't completed some of the work. There was agreements with the county for some pennies on the dollar as they pulled out of the scene on that proj ect. In the area of transportation, there were a number of roads that were slated to be paved that had never been paved, were accepted by the county because people had bought the lots and in that agreement and, therefore, became county roads without meeting any of the county standards even back then, obviously an unpaved road. And over time, when we had those dollars from the agreement, there were very few, as I said, pennies on the dollar to meet the needs. The decision at that time was to take those funds and use them on the most needed roads out in the Estates, and essentially that was decided at that time by a provision of 10 homes per mile or equivalent. What I mean by equivalent, if you had a half-mile-long segment, if you had five homes, that was the equivalent of 10 homes on a mile-long segment. So basically 10 homes or equivalent per mile. That was used as the litmus test, if you will, or the prioritization of the available funds. Those available funds, based on that effort, were used up fairly quickly. The idea of 10 homes per mile lived on. And many people, as they went out there, heard the battle cry that there's nine homes within the mile now, as soon as the 10th home comes, the road will somehow be paved all by itself. And obviously the funding was not there to do it. Within our budget, what we have done is taken 400,000 a year out of our resurfacing program. And understand our first commitment Page 31 January 10, 2006 has to be to maintaining the investment in what we have. The paved roads have to be maintained. If you don't, then you lose the base and you lose that investment you made in making them a paved road. But we also recognized that we had a significant need to resolve and get paved these unpaved roads. With that in mind, about 400,000 a year, as you'll see, was getting us, even in those costs, barely about two miles a year. We've done about 94 segments, not all of them a mile long -- I mean, excuse me, 52 segments, not all of them a mile long, over the years, but that has still left us now with 97 miles of unpaved lime rock roads just in the Estates and others around the county. In that effort, the board took very aggressive action last budget session to provide us 1.366 million additional dollars, bringing our total, essentially, up to 1.8 million to go after the lime rock issue. What you have on the board up here -- I know it's a little bit hard to see -- but is essentially a cost itemization of what it costs us to pave the roads. You've got per survey about 7,000. You've got the preparation of the lime rock, actually setting up the bed, getting all the grades and elevations based on the survey; 94,215 per mile. You've got the driveway and culvert replacements. And basically over the years, some not permitted, but even those permitted, weren't to the right size pipe, weren't to the right elevations to create a positive grade and flow for drainage, so we would say that as we pave the streets, we need to make sure at least all the driveways out there, in fact, are brought up to that standards. And for this purpose, you've got an estimate of about 10 driveways we'd have to address. Obviously some of the older roads we would have more culverts to be addressed, some of the new ones less. You've got the paving cost at 87,765. And right now, we're not talking about addressing the swales and their restructure, because it's a very expensive component, about Page 32 January 10, 2006 260,000 a mile. You've got two sides, 520,000. So just addressing the actual survey, the roadbed work, the paving, and the culverts, estimated at lOa mile, you're at 270,000 almost, and then with a 10 percent contingency with the way things are going, 300,000. So we're using 300,000 as our figure. Based on that, you've got an overall cost for the 97 miles of just under $29 million. So it's a very daunting task in front of us. With the 1.8 million that is currently budgeted, that will get us about six miles a year, take about 16 years to complete. Obviously that is not to anybody's real desire, but that is based on the additional funding that we just received to allow us to move forward obviously much more aggressively by six miles rather than two miles -- or less actually, with the cost today -- per year. We do have the option to look at, if you put additional dollars to it, every million obviously gets you another three miles, and that would reduce the time frame. The other option is to do it in a cost share. And if we went 50/50, just as a point of reference in a cost share through an MSTU and all those other alphabet soup items that are being introduced into the equation, obviously that would make 1.8, make it 3.6 million, allow you, in effect, to double that six miles a year or 12 miles a year, putting that 16 years almost down to eight years. So there's a lot of options. But what I want to assure is, we are using that 10 homes per mile to get people on the list for qualifying. About 39 miles in various segments qualify already today out of 97 out in the Estates. And as we have the funding in this case, 1.8 million, they'll get six miles a year. We'll address it and try to move as quickly as we can. CHAIRMAN HALAS: Thank you. Commissioner Henning? COMMISSIONER HENNING: Well, there's no question there's an issue out in Golden Gate Estates with unpaved roads. But we all Page 33 January 10,2006 have unpaved roads in our districts. And I must bring light to the fact that most of the residents in Collier County has paid for the roads in front of their house and their community. Okay. And, you know, if we want to set up another taxing unit, I think Commissioner Coletta knows the best about that. But what I don't want to see is coming with a -- come back with a low assessed value for this special need and then come to the troth again to where we all pay for it. CHAIRMAN HALAS: Commissioner Coyle? COMMISSIONER COYLE: Mr. Chair, we're not -- I'm not going to discuss or debate this issue now. This is just a decision as to whether or not we bring it back for discussion or debate later on. But I would like to point out a couple of things in making that decision. First is with respect to the guideline of 10 homes per street, I think that's a very dangerous thing to do is to set that as a guideline and raise people's hopes that that's going to happen. This is a budgeting issue. It should come up whenever we're considering the budget, because there's a lot of money associated with this, and we cannot deal with this on the fly. What we need to do is take it in consideration in the overall budgeting scheme. Secondly, we have to take a look at what is the tax revenue that we're gathering from the 10 homes on the street. First of all, 10 homes on the street won't pave 20 feet of pavement on those roads, the taxes we get from most of those residents. So it's -- it's not a situation where residents are paying sufficient taxes to pave those roads. So we need to solve the problem, but we need to do it during budget negotiations and set this as a priority in our budget negotiations and see where we are with respect to funds. MR. FEDER: Mr. Chairman, I fully agree with the commissioner. I do want to point out though, the 10 homes per mile is not being used as a statement that we will do your road, rather noting Page 34 January 10, 2006 that our funds probably will continue but definitely now are not enough to be able to address all the roads, and going to that budget. This provides an opportunity to explain to people -- because we had a lot of issues about why isn't my road done, why are you doing that road? This way we have a process that once a certain threshold is met -- it's been 10 homes. We can change that at the board's direction -- at least then there's a date at which you went on the list, so as funds become available, we do that on a priority basis. So that's the reason for it, is not to promise them. COMMISSIONER COYLE: I just think that's a very arbitrary and irrelevant guideline. I think it gets us into trouble because it raises the hopes of people. Our job is to use the money where it gets the most bang for the buck, and that might be in a place where there are 100 homes on the road. And so, we -- I think we need to be careful about those kinds of guidelines. I'm finished, Mr. Chair. CHAIRMAN HALAS: I'd like to wrap this up, but Commissioner Coletta? COMMISSIONER COLETTA: Yes. CHAIRMAN HALAS: Okay. COMMISSIONER COLETTA: If I may, I do appreciate the commissioners' indulgence. And, of course, we should always be concerned about the budget and where the money's coming from. And I think you are deserving of answers of what the tax base is for these roads to be able to support it. The average cost per home is going to be somewheres between $5,000 and $6,000 per home judging by two and a half acre lots is the average, and how many of them would be on a mile road on both sides. But this is -- this was more of an introduction. I'm not asking for it to be brought back. I'm going to be holding a community meeting to deal with county-owned lime rock roads in the Estates on March 1st at seven Page 35 January 10, 2006 p.m. at the Cooperative Extension Building off of Immokalee Road, by the fairgrounds, and I'm going to be inviting the public to come to it. And we're going to throw a bunch of different alternatives to them, and when we get back some feedback from the public, then I'll report back to you and we can decide where we're going to go in future budget hearings as far as what can be allowed, what can't be allowed. But it's an issue that's been brewing for a long time, and it's throughout the county, you're right. And we have to come up with a standard that applies not only for Golden Gate Estates, but applies for East Naples and District 3, and wherever we've still got lime rock roads so that they're done in a fair manner that is also cost feasible and just -- and makes the budget balanced in the end. I thank you for that. CHAIRMAN HALAS: Commissioner Henning, we'll wrap it up with you, sir. COMMISSIONER HENNING: Thank you. Well, we could have, instead of discussing it on our agenda, possibly bring that to your meeting to one of the dozens of public information officers for a public announcement. That might have been another way to handle that. COMMISSIONER COLETTA: But I do have a public meeting coming up on the 1 st that I think we can get some tremendous public input on. But I'm kind of leery to come back and suggest to this commission in a regular BCC meeting that we do something with cost sharing and whatever. I have absolutely no idea at this point in time what the sentiments of the people that live on those streets are and what kind of priority they put on the timeline that's going to take place. I'll know after March 1 st. And this was an introduction to the problem, and also to be able to get the word out to that part of the public that still lives on lime rock roads that is county maintained. Page 36 January 10,2006 And I think it's very important to mention also that the roads that we're talking about today are not private roads. And that meeting that will take place on March 1st is not to deal with private roads. Private roads, such as rock road and a bunch of other roads through the Estates that are private roads are the sole responsibility of the people that live on those roads, and we may approach that sometime in the future with some sort of taxing district for them. CHAIRMAN HALAS: Thank you. Okay. I think we'll move on. COMMISSIONER COLETTA: Thank you. MR. MUDD: Commissioner, that -- items -- just as a reminder, items 7 A and 8A will be heard at 1 :00 p.m. after the lunch break. Item #9 A RESOLUTION 2006-04: RE-APPOINTING JANET VASEY AND STEVEN HARRISON AND APPOINTING ROBERT DICTOR, GLEN D. HARRELL, BRADLEY A. BOAZ AND COLLEEN M. KVETKO TO THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE - ADOPTED That brings us to item 9A. It's appointment of members to the Collier Government Productivity Committee. MS. FILSON: And Commissioners, if I may, I just want to -- I have on executive summary that Charles E. Carr withdrew his application, and I have an additional withdrawal, and that's from E. Michael Brown. And just to remind you that if Joseph Swaja and Janet Vasey are reappointed, that will have to be waived, 7B of ordinance 2001-55, by unanimous vote for those two. CHAIRMAN HALAS: Okay. Thank you. MS. FILSON: We've got six appointments. Page 37 January 10, 2006 CHAIRMAN HALAS: I believe the way we'll handle this is we'll go through each of the different categories. We have six categories, and for each of the categories, we have no less than -- with a couple that are -- one person, I think, withdrew, so I think we have no less than two people per category. But I'd like to start off and see if there's any public comment. MS. FILSON: Yes, sir. I do have one speaker for this item. Mike Reagan. CHAIRMAN HALAS: Would you step forward, Mike, please? MR. REAGAN: Members of the commission, good morning. F or the record, my name is Mike Reagan. I'm with the Greater Naples Chamber of Commerce. You have before you appointments to a very important committee, among the many important committees you have. And in all due respect, I would just ask you, on behalf of the chamber, if you would take into account the following people very quickly for your consideration: Robert Dictor, former general manager of the Marriott at Marco Island and a very important civil leader there; Mr. Glen Harrell, who is the general manager of the Coastland Mall; Colleen K vetko, well known throughout the community, formerly associated with Fifth-Third Bank; Mr. Brad Boaz, who was the CEO of -- pardon me, the CFO of the Barron Collier companies; Mr. James Warnken, who is the CFO of the NCH system. All of these good people, among others, have indicated that they'd love to serve the county by being on this committee. Thank you, Mr. Chairman. CHAIRMAN HALAS: Thank you very much. MS. FILSON: That's your final speaker, Mr. Chairman. CHAIRMAN HALAS: Okay. Thank you. At this time we'll open up the nominations for program manager and planning. Are there any nominations? COMMISSIONER FIALA: Yes. Do we have to push a button Page 38 January 10, 2006 or do we just nominate? CHAIRMAN HALAS: Oh, I didn't see Mr. Chairman (sic) Henning's. COMMISSIONER HENNING: No, I'm past chairman. You know, the executive summary says appoint members to the productivity committee. I don't see where it says, appoint members to categories of the productivity committee. MS. FILSON: And that is correct, sir. These are the categories that the productivity committee suggested, but it's merely directory and not mandatory. COMMISSIONER HENNING: And if I would have known that you wanted categories, I would have taken further time to make recommendations as categories, but I haven't done that because it's saying, appointing members to Collier County Productivity Committee. CHAIRMAN HALAS: Well, maybe I can add -- shed a little light to this, being that I was liaison to -- from the Board of Commissioners to the productivity committee. When we -- when the discussion was presented, we felt that the productivity committee, looking through all the applications, basically could make a summation through the applications of where each of the people were -- that had applied, where they best fit into the matrix of the productivity committee. And I felt that in order for us to address this issue and to get on with the program here, that the input that they could give us as a Board of County Commissioners so that we wouldn't be completely overwhelmed by going through each and every application and figuring out where that person would fit, I felt that the productivity committee could do this well. And I think they did a very good job in regards to where they felt that certain people would fit the category. COMMISSIONER HENNING: Commissioner, you didn't hear Page 39 January 10,2006 what I said. You didn't give me time to make recommendations or make a motion for individual categories because the executive summary says, appoint members of the government productivity committee. CHAIRMAN HALAS: That's exactly right. COMMISSIONER HENNING: So -- and now you're wanting individual categories? I mean -- CHAIRMAN HALAS: We've got six categories, we've got people in each of the categories. And I feel that's probably the better -- the best way to handle it, sir. COMMISSIONER HENNING: Okay. So you want to continue this? CHAIRMAN HALAS: Yes, I do. No. Continue this? COMMISSIONER HENNING: Yeah. CHAIRMAN HALAS: No. COMMISSIONER HENNING: Because what we're asking to do, again, is appoint members, not members to categories. See-- CHAIRMAN HALAS: Sir, I think -- COMMISSIONER HENNING: It's on the blue sheet here. CHAIRMAN HALAS: Yeah. I understand what you're saying. I got one of these too, and I got the executive summary. I sat there and I read it just like you did. And I feel that you've got three people for each of the categories. What's -- I guess my understanding -- my concern is, where do you -- where do you feel that there's -- I feel that you think there's some injustice here, and I'm trying to figure out and I'm trying to figure out what -- COMMISSIONER HENNING: No. I'm just saying I want to appoint members to the productivity committee and not categories of the productivity committee. CHAIRMAN HALAS: What's the general consensus? COMMISSIONER COLETTA: Well, I'd be honest with you, I'd like to see each one of us file a sheet with six names on it, and then if Page 40 January 10, 2006 we tab them up, one through six by first choice through six. COMMISSIONER FIALA: Oh, that's a good idea. COMMISSIONER COLETTA: And then we can do it. Rather than spout off one name and then we get into a long discussion of the merits of who it is and what it is. I don't think -- I'm not concerned with the categories so much as I am with the individuals. CHAIRMAN HALAS: Okay. COMMISSIONER FIALA: Any maybe we could take a break, and maybe we could submit those names. And we're coming close to a break for our court reporter anyway, and then they can tabulate them while we're on this break and come back and present them. CHAIRMAN HALAS: We can do that then. For each -- now, how do you -- do you want to do this per category, or did you want to do this for just in general, just names? COMMISSIONER COYLE: Well, I would like to offer an opinion, if you don't mind? CHAIRMAN HALAS: Commissioner Coyle, sure. COMMISSIONER COYLE: There are good reasons to appoint people with different disciplines, because the productivity committee needs specific skills ranging from human resources to operations research. And in order to get them, the right balance of skills, you pretty much have to decide what category you want to appoint people. I mean, let's suppose we appointed people and we've got five people from -- with human resources experience on the productivity committee. That doesn't serve our interests. I think it's a wise thing to consider the category of expertise of each of these applicants. And I believe that strengthens our productivity committee. And I think it would be weakened if we just appoint individuals with no concern given to the balance of skills and expertise that they bring to the productivity committee. COMMISSIONER HENNING: Well, if we put it off, that will Page 41 January 10,2006 give me time to do it. CHAIRMAN HALAS: Commissioner Fiala? COMMISSIONER HENNING: So I'm -- you know. COMMISSIONER FIALA: Well, you know, I've marked some off in each one. A couple categories I didn't have anybody in. But if __ depending on how you want to do this. I'd be happy to submit six names. All of us could submit six names, go on a break, come back and tabulate them. CHAIRMAN HALAS: I think that's a great idea. Why don't we -- why don't we go ahead -- COMMISSIONER FIALA: Let's just do that. I have little pieces of paper here if anybody wants them. CHAIRMAN HALAS: Yep. COMMISSIONER COLETTA: Okay. COMMISSIONER COYLE: Yeah. Tell me which ones you're nominating and I'll -- CHAIRMAN HALAS: Are we going to do this by category or are we just going to do this by -- COMMISSIONER COLETTA: No, just six names. COMMISSIONER FIALA: Just by name. COMMISSIONER COYLE: I'm going to do mine by category. COMMISSIONER COLETTA: Okay. That's fair. CHAIRMAN HALAS: I think we ought to do it by category because I think that best fits the forte of what the productivity committee is trying to work with here. COMMISSIONER COLETTA: Well, we could put it to a motion and find out which way we want to go, if you'd like. COMMISSIONER COLETTA: I'll make a motion that we do it by names rather than categories. COMMISSIONER HENNING: Second. CHAIRMAN HALAS: All those in favor? COMMISSIONER HENNING: Aye. Page 42 January 10, 2006 COMMISSIONER FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: All those opposed? Aye. COMMISSIONER COYLE: Aye. CHAIRMAN HALAS: Okay. COMMISSIONER COLETTA: Just to move it forward, because I didn't want it to drag out forever. CHAIRMAN HALAS: Yep. And what we'll do is we'll take a 10-minute break. MS. FILSON: And may I make one comment before we take a break, sir? CHAIRMAN HALAS: Sure. MS. FILSON: Also I just want to make sure the County Attorney's Office realizes that the member representing the Board of County Commissioners today on the productivity committee is the vice-chairman so they can add Commissioner Coletta's name to the resolution. COMMISSIONER COLETTA: I'm sorry? MS. FILSON: You're now a member of the productivity committee as vice-chairman. COMMISSIONER COLETTA: So that means I get a little more respect around here? MS. FILSON: No. I just want the County Attorney's Office -- COMMISSIONER FIALA: No, it doesn't mean that. MS. FILSON: -- to add it to the reso. MR. WEIGEL: Yeah. And I would note for the record, Mr. Chair and Commissioners, that with a vote just taken by a majority, 3-2, the record reflect that the commissioners will submit names. This is a process that will occur, therefore, in the sunshine in the sense that each commissioner's sheet will identify by name the commissioner so that when it comes and is reviewed and brought to the record by the county manager or the county attorney, whatever Page 43 January 10,2006 combination, that there's no question in regard to the decision making and how it comes forward for sunshine law purposes. Okay. COMMISSIONER FIALA: Do we just hand them in and go on a break then? MR. MUDD: Yes, ma'am. COMMISSIONER FIALA: Okay. COMMISSIONER FIALA: Can we go on a break now, Chair? CHAIRMAN HALAS: Sure, we could. We're dismissed for five minutes, 10 minutes. MR. MUDD: Reassemble at 10:35 then. (A brief recess was had.) CHAIRMAN HALAS: Okay. The Board of County Commissioners will reconvene. County Manager, have we got the -- MR. MUDD: Leo's passing them out. CHAIRMAN HALAS: Okay. MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, you have a hot mike. We're readjourning and we are basically still working on item 9 A, which are appointment of members of the Collier (sic) Government Productivity Committee. CHAIRMAN HALAS: Okay. On this list-- MR. MUDD: Commissioner, for the -- CHAIRMAN HALAS: Okay. Go ahead. MR. MUDD: For the record, Commissioners, I'm going to read each individual commissioner's vote so -- just not the totals. I've been instructed by the County Attorney's Office that we need to do that. So we're going to the column. And I'd ask the commissioners that gave me the sheets -- now hopefully Mr. Ochs has given you your sheets back, your tally sheets. MR. OCHS: David has them all. MR. MUDD: David has them. And so you can go down that Page 44 January 10, 2006 list, David, and make sure we haven't missed any for each commissioner, okay? I'll start with Commissioner Fiala. Commissioner Fiala voted for Mr. Joe Swaja, she voted for Robert Dictor, she voted for Colleen-- COMMISSIONER FIALA: Kvetko. MR. MUDD: -- Kvetko, she voted for Janet Vasey, she voted for Stephen Spencer and Bradley Boaz. Commissioner Henning voted for Robert Dictor, Glen Harrell, Robert DiBenedetto, Janet Vasey, James Warnken, and Bradley Boaz. Commissioner Coyle voted for Joseph Swaja, for Robert Dictor, for Steve Harrison, for Janet Vasey, for Joseph Donahue and for Bradley Boaz. Commissioner Halas voted for Joseph Swaja, for Glen Harrell, for Steve Harrison, for Janet Vasey, for Joseph Donahue and for Bradley Boaz. Commissioner Coletta voted for William Stiess, he voted for Robert Dictor, he voted for Colleen Kvetko, he voted for Janet Vasey, he voted for Stephen Spencer, and voted for Bradley Boaz. Now, on your -- try to get it all to focus on here a little bit. On your sheet over at the totals column, over on your right-hand side -- and each commissioner has a sheet -- there is a series of the majority votes, and I will mark anything that's over three on this particular sheet. And I've so marked those votes that are over three on your particular sheet. I will mention to you that Mr. Joseph Swaja received three votes. I believe that reappointment takes a unanimous vote of the Board of County Commissioners. MS. FILSON: That's correct. MR. MUDD: And Ms. Janet Vasey has five votes, and she would require a unanimous vote, and I believe she received a unanimous vote on that particular item. That's the compilation of the votes that I have, Mr Chairman, and Page 45 January 10,2006 I think you still need to find two votes with a majority to fill the six slots. Is that correct, Ms. -- MS. FILSON: That's correct. MR. MUDD: And you have to still decide about the Joseph Swaja vote. CHAIRMAN HALAS: Okay. I think at this time what we'll do is I'll go down the list here with -- starting off with Joseph Swaja. Do I have enough votes here for Joseph Swaja? All those in favor of Mr. Swaja. COMMISSIONER COYLE: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HALAS: Those opposed? COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Okay. It passes -- it fails 3-2, and he needed a majority anyway, a supermajority. MR. MUDD: He needed a unanimous -- CHAIRMAN HALAS: Unanimous, excuse me. MR. MUDD: Yes, sir. CHAIRMAN HALAS: Okay. The next one down the list is Robert Dictor. All those in favor? COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: All those opposed? Aye. Robert Dictor, looks like he's been appointed to the productivity committee. The next one on the list is Janet Vasey, and it looks like we don't have to take a vote on that because she's already unanimous; is that Page 46 January 10, 2006 correct? COMMISSIONER FIALA: Right. MR. WEIGEL: Why don't you do that anyway since you started doing that. CHAIRMAN HALAS: Okay. All those in favor of Janet Vasey. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: All those opposed? (No response.) CHAIRMAN HALAS: That passes unanimous. Then we go down the list, Brad Boaz. He's already got a -- all those in favor of Brad Boaz. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: All those opposed? (N 0 response.) CHAIRMAN HALAS: Okay. We've got those seats filled. Now we have to go back and -- why don't we go back and see, with the votes with two. We'll start off with Glen Harrell. All those in favor of Glen Harrell. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Those opposed? COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. Page 47 January 10, 2006 CHAIRMAN HALAS: Did that carry 3-2? MR. MUDD: Take the vote again, sir. MS. FILSON: I only heard two for. CHAIRMAN HALAS: Pardon? MS. FILSON: I only heard two yes votes. COMMISSIONER FIALA: Well, you know, I said yes on that, so that would have been a third. CHAIRMAN HALAS: Well, I think we have -- okay. Let's vote over agaIn. Those in favor of Glen Harrell? CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Those opposed? COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Okay. That carries 3-2. COMMISSIONER COYLE: And I just would like to say that I'm not opposed to the gentleman, it is that we already have Robert Richard Dictor with a general management background, a selected, and Mr. Harrell is in the same discipline, and I am still looking for a really good financial person. And I still don't believe there's anybody better than Steve Harrison, who's on the committee now and who's done a wonderful job doing that. CHAIRMAN HALAS: Well, let the -- I understand where you're coming from, Commissioner, but what we decided to do was put down a list of names and to vote on the names, and that's what we're presently doing and -- COMMISSIONER COYLE: Okay. COMMISSIONER FIALA: But he didn't make it anyway, Glen Harrell, because it was a 3-2, not unanimous, right? MR. MUDD: No. Page 48 January 10,2006 CHAIRMAN HALAS: No, he made it. MR. MUDD: He made it, ma'am. COMMISSIONER COYLE: He made it. MR. MUDD: The only two people on this thing, on this particular item of candidates that needed to be unanimous votes were two reappointments that had over two terms, so they've served their term limits. They have term limits, and you had to extend them. And because you had to extend their term limits based on the ordinance, you must have a unanimous vote to extend a term. COMMISSIONER FIALA: So we didn't get Joe Swaja because it wasn't unanimous; is that it? CHAIRMAN HALAS: That's correct. MR. MUDD: That's right. CHAIRMAN HALAS: That's correct. MR. MUDD: That's right. CHAIRMAN HALAS: When we voted on it -- MS. FILSON: It's two terms or more. CHAIRMAN HALAS: -- we didn't get a unanimous vote because he has two terms, okay. And this is what the board decided prior to break how they wanted to go through it. I felt that going through by committees -- or categories was probably the better way to handle this. Okay. The next person -- we need one more spot; is that correct? MR. MUDD: Two more, sir. CHAIRMAN HALAS: Two more? Okay. How are we going to be fair about this? Is there any nominations from the -- from the -- COMMISSIONER COLETTA: I would like to nominate Colleen Kvetko. COMMISSIONER FIALA: I'll second that. CHAIRMAN HALAS: Okay. Colleen Kvetko. Is there another nomination? COMMISSIONER COYLE: I'll nominate Steve Harrison. Page 49 January 10,2006 COMMISSIONER FIALA: And I'll second that. CHAIRMAN HALAS: Okay. Are there any more nominations? (No response.) CHAIRMAN HALAS: If not, the nominations will be closed. Okay. We'll start off with Steve Harrison. COMMISSIONER COLETTA: Excuse me. Just a question. Is this one that needs -- MS. FILSON: No, sir. He has only served one term. His application had been received late, but it only takes a 3-0 vote for him. CHAIRMAN HALAS: Okay. All those in favor of Steve Harrison? COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: All those opposed? (No response.) CHAIRMAN HALAS: Unanimous. And the last one will be Colleen M. Kvetko. All those in favor? COMMISSIONER HENNING: Ko-vet-ke-o? Ko-blek-o? COMMISSIONER FIALA: Kvetko. COMMISSIONER HENNING: Yeah, thank you. COMMISSIONER FIALA: It's so hard to say. CHAIRMAN HALAS: Okay. MR. WEIGEL: What was the vote? CHAIRMAN HALAS: Let's take that vote again, please. For Colleen, please. COMMISSIONER COLETTA: Yep. COMMISSIONER HENNING: Yep. MR. MUDD: All in favor? CHAIRMAN HALAS: All in favor? Page 50 January 10,2006 COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Yep. CHAIRMAN HALAS: Okay MR. MUDD: Any opposed? CHAIRMAN HALAS: Any opposed? (No response.) CHAIRMAN HALAS: Okay. We now have the productivity board filled. Robert-- MR. MUDD: And those -- just to make sure I go over it for the record, they are Mr. Dictor, Ms. Vasey, Mr. Boaz, Mr. Harrell, Mr. Harrison, and Ms. Kvetko. CHAIRMAN HALAS: That's correct. MS. FILSON: And, again, if I could just remind the County Attorney's Office to put Commissioner Coletta's name on as a member of the committee as well, as vice-chairman. MR. WEIGEL: Will be done. CHAIRMAN HALAS: Okay. Thank you. Item #9B RESOLUTION 2006-05: APPOINTING TOR KOLFLAT TO THE COLLIER COUNTY PLANNING COMMISSION - ADOPTED MR. MUDD: Commissioner, that brings us to item 9B, and that is appointment of a member to the Collier County Planning Commission. MS. FILSON: And for this one I had one applicant that represents District 4, and it's Tor Kolflat. COMMISSIONER COYLE: I make a motion we accept Mr. Page 51 January 10,2006 Ko 1 flat. CHAIRMAN HALAS: Second. COMMISSIONER COLETTA: Second. CHAIRMAN HALAS: Motion by Commissioner Coyle, seconded by Commissioner Coletta. All those in favor? COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: All those opposed? (No response.) CHAIRMAN HALAS: Motion carries unanimous. Okay. Item #9C RESOLUTION 2006-06: RE-APPOINTING JOHN PENNELL (REPRESENTING PLANTATION ISLAND) TO THE OCHOPEE FIRE CONTROL DISTRICT ADVISORY COMMITTEE AND TO READVERTISE FOR THE REMAINING POSITION - ADOPTED MR. MUDD: Commissioner, that brings us to the next item which is 9C. It's appointment of members to the Ochopee Fire Control District Advisory Committee. And before we go and do this particular item, I'd like to make sure that the board is aware of the fact that Mr. David Loving passed away last Thursday. He was going to be the City of Everglades nominee for this particular advisory board. The city council will have to pick another person, but he also served on the Everglades City city council, and he has been a champion of representing the voters in his particular city and has been Page 52 January 10,2006 a proud member. And Commissioner Coletta, you know him better than I do, if you'd like to say a couple words. COMMISSIONER COLETTA: Very much so. He was also a member of our MPO and a member of our -- MS. FILSON: TDC. COMMISSIONER COLETTA: -- TDC. And if we could, at this point in time, if we could have just a moment of silence in memory of David, that would be most appreciated. COMMISSIONER COLETTA: Thank you. MS. FILSON: And Commissioners, for your information, I've already contacted the mayor of Everglades City, and we are working on getting a new appointment. CHAIRMAN HALAS: Okay. So at this point in time we'll just make one vote and that will be for John Pennell. MS. FILSON: Actually we have two applicants, but the committee is recommending not appointing one of them due to attendance records. CHAIRMAN HALAS: Okay. COMMISSIONER COLETTA: Make a motion for approval of John Pennell and readvertise for the balance and to look for the city council's recommendations for their Everglades City recommendation. COMMISSIONER COYLE: Second. MS. FILSON: Yes. CHAIRMAN HALAS: Motion for approval of John Pennell by Commissioner Coletta, and seconded by Commissioner Coyle. All those in favor? COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. Page 53 January 10, 2006 CHAIRMAN HALAS: All those opposed, by like sign? (No response.) CHAIRMAN HALAS: Motion carries, unanimous. Item #9D RESOLUTION 2006-07: RE-APPOINTING CLAY BROOKER AND APPOINTING DAVID E. BRYANT, JAMES E. BOUGTON AND REED JARVI TO THE DEVELOPMENT SERVICES ADVISORY COMMITTEE - ADOPTED MR. MUDD: Commissioner, that brings us to 9D, which is appointment of members to the Development Services Advisory Committee. MS. FILSON: And Commissioners, I want to -- I have lots to say today. On this particular committee, the committee's recommending the reappointment of Charles Morgan. If you reappoint him, section 7B of 2001-5 will have to be waived; however, he didn't apply. I called them thinking they would let him know. He still has not applied. CHAIRMAN HALAS: So obviously he's not interested in the job. Okay. COMMISSIONER COYLE: That's Charles Morgan Abbott, not Charles Morgan. MS. FILSON: I'm sorry, Charles Morgan Abbott. CHAIRMAN HALAS: Okay. Are there any nominations here? COMMISSIONER FIALA: Yes. CHAIRMAN HALAS: Yes. COMMISSIONER FIALA: The nomin -- I nominate Clay Brooker, James Brougton, David Bryant, and Reed Jarvi, who are the recommendations from this committee as well, and all fine gentlemen. COMMISSIONER HENNING: Second. Page 54 January 10, 2006 CHAIRMAN HALAS: Okay. I have a motion for James Brougton, Clay Brooker, Reed Jarvi and David Bryant. Are there any other nominations? (No response.) CHAIRMAN HALAS: If not, we'll close the nominations. Commissioner Fiala has appointed or named these four individuals, and I had a second by Commissioner Henning. All those in favor? COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: All those by -- opposing, by like sign? (No response.) CHAIRMAN HALAS: The vote is unanimous. Thank you very much. Item #9E RESOLUTION 2006-08: APPOINTING CAPTAIN ALEJANDRO CASTILLO TO THE COLLIER COUNTY CITIZENS CORPS. - ADOPTED MR. MUDD: That brings us to item 9E, which is appointment of member to the Collier County Citizens Corps. MS. FILSON: And, Commissioners, on this one, the Salvation Army makes the recommendation and you confirm it, and one of the gentlemen has resigned due to relocating and he -- they sent in the name of Captain whatever. COMMISSIONER FIALA: Alejandro Castillo. MS. FILSON: Yes. Page 55 January 10,2006 COMMISSIONER FIALA: I make a motion that we accept the recommendation of Captain Alejandro Castillo. CHAIRMAN HALAS: Do I have a second? COMMISSIONER COLETTA: Second. CHAIRMAN HALAS: Okay. Motion by Commissioner Fiala, second by Commissioner Coletta. All those in favor for Captain Alejandro Castillo? COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: All those opposed, by like sign? (No response.) CHAIRMAN HALAS: Passes unanimously. Item #9F RESOLUTION 2006-09: RE-APPOINTING KA YDEE TUFF (WITH WAIVER OF TERM LIMITS) AND APPOINTING W. JAMES KLUG, III TO THE GOLDEN GATE COMMUNITY CENTER ADVISORY COMMITTEE - ADOPTED MR. MUDD: Commissioner, that brings us to 9F, which is appointment of members to the Golden Gate Community Center Advisory Committee. COMMISSIONER HENNING: Make a motion that we appoint Kaydee Tuff and James Klug. COMMISSIONER FIALA: Second. CHAIRMAN HALAS: Okay. MS. FILSON: And on this one you'll have to waive section 7B of ordinance 2001-55 for Kaydee Tuff. She has served two terms. Page 56 January 10,2006 COMMISSIONER HENNING: Part of my motion. COMMISSIONER FIALA: Second. CHAIRMAN HALAS: And who is -- excuse me, Commissioner. Kaydee Tuff, and what was the other one? COMMISSIONER FIALA: James Klug. CHAIRMAN HALAS: Klug. Commissioner Henning made a motion for James W. (sic) Klug and Kaydee Tuff, and we have a second by Commissioner Fiala. We'll start off with James Klug. All those in favor? MS. FILSON: There's two appointments. CHAIRMAN HALAS: I know there's two appointments, but one has got to be unanimous, isn't that correct? So shouldn't we take them MS. FILSON : Yes, sir, yes, sir. CHAIRMAN HALAS: -- separately, okay. W . James Klug, all those in favor? COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Those opposed? (No response.) CHAIRMAN HALAS: He passes, unanimous. Kaydee Tuff, all those in favor? COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Those opposed? Aye. Motion -- on that one I believe the motion fails; is that correct? MS. FILSON: That's correct. Page 57 January 10,2006 COMMISSIONER HENNING: May I ask why? CHAIRMAN HALAS: I just felt that -- I feel that we need to probably find new people to work in that area. COMMISSIONER HENNING: Sir, may I inform you that it's very hard to get volunteers to apply for this position? You know, Kaydee Tuff is a long-standing person in the community, very -- a person that actually is president of Golden Gate Area Civic Association, and, you know, your vote is -- will not set well with the community. COMMISSIONER COLETTA: Maybe it's not so final, if I may? CHAIRMAN HALAS: Yeah. COMMISSIONER COLETTA: I'd like to point out to you that she's probably one of the most civic-minded people I've ever seen. Two years of perfect attendance. I kind of hope I can sway you to change your vote. This is a person that I would welcome on any committee as the first choice that I could make. CHAIRMAN HALAS: Okay. COMMISSIONER COLETTA: I personally know her, and I can vouch for her. CHAIRMAN HALAS: Okay. I'll switch my vote then. MS. FILSON: And I'm also advertising for more vacancies at the current time for this particular committee. CHAIRMAN HALAS: I switch my vote on Commissioner Coletta's advice. MR. WEIGEL: Well, we'll need to follow a little procedure there, and that's with a reconsideration of the vote that's been taken. CHAIRMAN HALAS: Okay. All those in favor of Kaydee Tuff? MR. WEIGEL: Well, what you'll need to do here-- COMMISSIONER COLETTA: Motion for reconsideration. MR. WEIGEL: -- have a motion for reconsideration-- COMMISSIONER HENNING: Second. Page 58 January 10, 2006 MR. WEIGEL: -- by a person who voted with the majority. COMMISSIONER HENNING: Second. MR. WEIGEL: Okay. You have a motion and second for motion to reconsider, and so you'll take a vote on that. All those in favor, et cetera. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: I think we have a majority vote at this time, unanimous vote. MR. WEIGEL: Right. So by approving the motion to reconsider, now you can reconsider the vote just had, which was that 4-1 vote. So it's like a new start. CHAIRMAN HALAS: Okay. All those-- COMMISSIONER COLETTA: Motion to approve Kaydee Tuff. COMMISSIONER FIALA: Second. CHAIRMAN HALAS: Okay. Motion for -- to-- reconsideration vote for Kaydee Tuff by Commissioner Coletta, seconded by Commissioner Fiala. All those in favor? COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. MR. WEIGEL: And the record will reflect that you're not actually reconsidering because you've just had the reconsideration motion. This is the motion to appoint Kaydee Tuff -- COMMISSIONER HENNING: And waive the requirements on Page 59 January 10, 2006 CHAIRMAN HALAS: And waive the requirements of the -- COMMISSIONER COLETTA: That's part of my motion. MR. WEIGEL: That requires unanimity. And so your vote was a 5-0. COMMISSIONER COYLE: Unanimous. MR. WEIGEL: Okay. The record would reflect that. MS. FILSON: Thank you. MR. WEIGEL: Thank you. Item #10A REPORT TO THE BOARD OF COUNTY COMMISSIONERS THE EFFORTS OF THE CONTRACTOR LICENSING OFFICE AND THE CODE ENFORCEMENT DEPARTMENT REGARDING THE REGULATION OF CONTRACTORS FOUND IN VIOLATION OF APPLICABLE LAWS AND ORDINANCES; COUNTY ATTORNEY TO GIVE GUIDANCE TO THE BOARD ON HOW TO ACCOMPLISH THEIR GOALS REGARDING THE CONTRACTORS; REPORT TO BE GIVEN AT THE FEBRUARY 28~ 2006 BCC REGULAR MEETING - APPROVED MR. MUDD: Commissioners, that brings us to the next item, which is lOA, and it's a report to the Board of County Commissioners about the efforts of the contractor licensing office and the code enforcement department regarding the regulation of contractors found in violation of applicable laws and ordinances. And Mr. Joseph Schmitt, your administrator for community developments and environmental services division, will present. MR. SCHMITT: Commissioners, good morning. For the record, I'm Joe Schmitt, your Community Development/Environmental Services Division Administrator. With me today is Bill Hammond, my Building Director, or your Building Review and Permitting Page 60 January 10, 2006 Director, and Ms. Michelle Arnold, Code Enforcement Director. Basically we're here today at your direction. As you well know, at the September 13th meeting, you raised an issue in regards to enforcement, or at least action, on contractors who basically are pulling permits, or not pulling permits and doing unpermitted work. We're here today to talk about our successful and aggressive activities by contractor licensing and the code enforcement board, or the code enforcement department in regulating contractors operating in Collier County, also to let you know about the associated efforts and initiatives regarding continued contributor licensing enforcement, and, again, the ongoing activities. As you well know, or at least from a standpoint, this is a joint effort primarily through the code enforcement staff who are the ones, in many instances, noting through notices of violation, unpermitted work, and then, of course, the contractor licensing staff and the contractor licensing investigators who either being notified or through their own investigations, conducting background or at least investigating work being done without a permit. Your executive summary runs through all the details in regards to the powers that our contracting licensing staff has in regards to at least investigating the activities. But from a -- just as an overview, we do have four investigators in contractor licensing, but the real underpinnings of the code enforcement program in Collier County is your contractor licensing board. And I know you -- it does not receive that much fanfare, but it is a board that meets monthly. It is composed of nine members who are appointed by you. They are the ones that basically are empowered to hear any issues raised through the contractor licensing staff and the investigators, and certainly they make decisions based on the actions that are brought before them. Your executive summary highlights very clearly -- and I don't have the figures for 2005, but 2004, issued over 511 citations for Page 61 January 10, 2006 unlicensed and unpermitted work activities in Collier County. They heard and voted on over 50 -- or 50 contractor licensing issues, made 9,002 citizen contacts, and worked 1,807 cases and recovered $323,000 in 76 different restitution cases, and actually from '95 to 2005, about $1.8 million. And based on your initiative, I'm -- I've done two things. One is -- and I'll hand this out -- we're going to put fliers -- again, this is an ongoing issue; it has been in Collier County for a number of years. But we're going to ask that a flier go out in the utilities billing, again identifying to the public the need to ensure that any contractor they're working with is, number one, a licensed contractor, but number two, has pulled the proper permits, and we're also preparing, again, a campaign in regards to notifying contractors or at least notifying the public through updating of brochures. And I'm going to just step up and hand these out, then I will answer your questions. CHAIRMAN HALAS: Commissioner Coyle? COMMISSIONER COYLE: Yeah. Joe, with all due respect, I think most of this executive summary is irrelevant and completely misses the point. We very specifically asked that the staff take a look at ways that we could hold contractors responsible for problems that were detected only much later by the owner or through some subsequent kind of inspection. Now, we understand that our staff and the licensing board and the Code Enforcement Board look very rigorously at current permits and all the phases of construction before it's permitted, but we have had a series of circumstances where we have found after the fact that contractors did something wrong, and we hold the residents responsible for that. Our objective was to find a way to hold the contractor responsible for that. I don't find anything in this executive summary that even addresses that point. Page 62 January 10, 2006 So I would -- I would not at all be interested in accepting your recommendation that we withdraw our request to have this item addressed because it's still there. And as far as I know, we're not doing anything to solve it. MR. SCHMITT: Well, I understand your concern. It's really a three-legged stool in this process; it's government, it government oversight, it's an aware consumer in regards to the consumer, the homeowner, in hiring a competent and ethical contractor, and certainly it's an ethical and competent contractor doing work in Collier County. Ninety-eight percent -- I mean, I'm just throwing this figure out. Ninety-eight, 99 percent of the contractors who do work in Collier County are competent and ethical contractors. The -- there have been cases that came before you involving variances, and mostly after-the-fact variances. Our program for dealing with after-the- fact permits, a contractor who pulls a permit after the fact is assessed a cost of four times the permit fee for that -- for that specific job, whether -- the value of that job, and that's how we basically come up with the permit cost. So we are going after those contractors when, in fact, we catch them. The issue I know -- I believe what you're asking is when the situation comes before you, as in many of the cases, the most recent one it's a five- or six-year-old case, the statute of limitations, or other activities where, in the most recent one, had to do with the pool cage issue. The permit was actually pulled by the pool cage contractor who's no longer in business. So in those kind of cases, there's nothing I can do. In dealing with the situation that brought this up back in September, our only avenue in regards to a notice of violation, when we deal with a notice of violation dealing with the infractions in the land development code, we have to issue the notice to the property owner. That's the legal point of entry. And when, in fact, we uncover what's going on behind the case, Page 63 January 10,2006 we can certainly open an investigation on the contractor. But in that issue, Commissioner, we were here before you to address -- or at least that was a public petition. We had -- there was nothing brought to my staff nor the investigators regarding any -- any unpermitted -- or at least from irreputable work being done by the contractor other than what we knew about the case from code enforcement. But we deal with that through Code Enforcement Board or through the contractor licensing board. So I'm really not clear -- are you looking for us to come to report to you every time we deal with a -- an issue that comes before this board for, let's say, a variance, that we also report on any action that was done to the contractor? COMMISSIONER COYLE: No. I'm asking you to do what we asked you to do, which was to come to us with some recommendations about how we can solve this problem where property owners come to us for an after-the-fact variance approval that was the result of the failure of a contractor to do their job. I am getting tired of punishing a homeowner who really was blameless in some of these cases. In some of these cases, they didn't even own the property at the time. And we should -- I mean, your argument is that we can't do anything because our code says such and such. Well, what I'm asking you to do is tell us how we can change the code. MR. SCHMITT: Well, that has nothing to do with the land development code. That has to do with me opening an investigation and going after the contractor. And-- COMMISSIONER COYLE: Well, do you file complaints with the contractor -- state contractor licensing board wherever you find that someone has done something wrong in the past? It might be two years, it might be three years or five years. But the point is that a contractor must understand that if they do something and get away with it, that doesn't necessarily mean that they have escaped Page 64 January 10, 2006 punishment for that, and I think that will ease your enforcement problem substantially if they understand there is an ultimate penalty for doing something illegal, and there are many instances where that has happened. And I just don't find this particular executive summary to be responsive to our request, and I certainly am not going to vote that we withdraw our request. I'd like to see some productive recommendations concerning how we can solve this problem, not reasons why we can't do it. CHAIRMAN HALAS: I feel the same way as Commissioner Coyle feels. I don't think the severity of the action is sufficient. I really think that there should be a clause in there that when a -- when some of these developers, and as you said -- or builders, I won't say developers -- but builders that get involved in a project or a home, it ends up that they feel that if -- as long as they go ahead and build something, they can always come back for forgiveness of a variance, and sometimes the severity of this is not implied enough because of the fact that there's a lot of other people out there that try to do the thing up-front and honest, and they have to jump through a lot of hoops. In fact, they'll even come before us asking for a variance before going ahead with whatever the problem is. And I believe that we need to address the issue that -- make it very clear that a builder gets involved in -- on something and pushes the envelope, that he is going to be held accountable, and not the homeowner. MR. SCHMITT: I understand exactly what you're saying, but I think we're kind of mixing apples and oranges. The variance is a land use issue that is -- strictly involves the property owner. There may have been a contractor involved, and I think that's where Commissioner Coyle's coming from, but the land use issue and the variance process is -- are the apples side of it. They have every right to come and ask you. Page 65 January 10,2006 I know where Commissioner Coyle's coming from in saying, well, let's get that contractor. I think the premise of our executive summary was predicated on the fact that all the powers that we need already exist. It's the enforcement process in regards to going after that contractor, and we do keep track of these contractors. We do notify. And it's the local contractor licensing board, it's the county's board, and also we work through the state. And Bill -- let me turn and ask Bill so he can just make sure you understand how we tie in between a county -- the contractor licensing, the county, and the state in regards to the -- I forgot the state organization. Go ahead, Bill. MR. HAMMOND: Good morning, Commissioners. Bill Hammond, your Director of the Building and Review Department for the record. With -- all contractors who choose to operate in Collier County register with Collier County, and they -- they're either given a registration number by the county and qualify for a particular type of license for which they want to perform work, or they hold state certification and they bring that to us and they show us that all of that is current, and we'll issue them -- we'll issue them the certification and the registration information they need to pull permits in Collier County . And then when this comes to violations, for county-registered contractors, those are the individuals for which we have the most enforcement authority in that we can bring them to -- we can bring them to the contractor licensing board in exact -- exact certain fines as applicable. For the state-certified contractors who register with us and operate in the county, we're a little more -- the avenue of prosecution is a little bit more narrow. We have to prove a willful violation of the Florida Building Code. And once we approve a willful violation of the Page 66 January 10,2006 Florida Building Code, then we forward that to the Department of Business and Professional Regulation, and they take the case from that point. So we don't really have much prosecutorial authority over the state-licensed contractors. It's much more -- it's a lot more control over the county-licensed contractors. But we do operate with DBPR on a very regular basis. MR. SCHMITT: I just wanted Bill to cover that because we do work with the state, and I'm trying to really understand, Commissioner Coyle. I know what you want, and I believe what we're trying to tell you is we have the powers to do, I believe, what you're asking for. I-- COMMISSIONER COYLE: Okay. All right. That's fine. What did you do about the contractor, that last -- the after-the-fact variance that was brought to us, what did you do about that contractor? MR. SCHMITT: We opened up a case on that contractor once we were notified of the violation, or at least that the contractor did the work without the permit, we opened up a case on that, and when you COMMISSIONER COYLE: And you opened up a case. What does that means? What did you do? MR. SCHMITT: And we investigate as to why -- or basically gather the facts. And if we determine that there was actually malice or for whatever -- they -- for whatever the activity, we'll bring that contractor before the contractor licensing board. COMMISSIONER COYLE: All right. If it's a state licensed contractor -- now, this has been at least, what, two months? MR. SCHMITT: It's September 13th when you heard the-- COMMISSIONER COYLE: We heard it? MR. SCHMITT: Yes. COMMISSIONER COYLE: So from September the 13th to now, we don't know if this was a real violation? MR. SCHMITT: I don't have that information. I can certainly Page 67 January 10,2006 come back to you -- COMMISSIONER COYLE: You haven't researched it enough since September to determine -- MR. SCHMITT: I don't have that information. COMMISSIONER COYLE: Okay. So you can't tell me that you're taking action if it's been lying there since September and you don't yet know if there was really a violation or what kind of violation there was. So I'm -- I have two problems. Number one, I don't see any evidence that there's any action to solve these. If there is, you should be able to present those to us. Secondly, I'm not too convinced by the argument that says, we can't do anything about it because our rules won't permit us to do anything about it unless you've come before us to try to get the rules changed, and I don't know of anyone who's tried to get the rules changed so we can do something about it. What we're hearing is, whoops, we can't do anything. Well, are there changes in the law that we can get? Are there changes in our procedures we can make to permit us to do something about it? I don't know. I'm not hearing any of that. So let's not debate this much, much further. Just -- I think -- I don't know if we've got three commissioners here who feel the same way or not, but it seems to me that we ought to be getting some -- some recommendation to change a procedure or an enforcement action to get these things dealt with on a timely basis, so -- CHAIRMAN HALAS: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. I -- I don't -- I understand where you're coming from. Where do we put the responsibility of these -- what do you want to call it, neglects, these -- MR. SCHMITT: Irreputable contractors. I mean, unethical. COMMISSIONER COLETTA: You've got several problems. One, what are you going to do when it's like 12 years after the fact? Page 68 January 10, 2006 There's got to be a statute of limitations someplace. Also, I know our own records are incomplete. In many different cases when we get back there 15 years out, it's very difficult to retrieve records, and we try to make it the responsibility of the homeowner to come up with those records, and that's also difficult, because quite often when you buy a home from a -- the existing homeowner, when they leave, they take the records with them. I don't know what the answer is on this. I do agree that there should be some more responsibility for contractors. I'm not too sure how we get there. I do think that our variance process is exactly what it was intended today. A little bit of a catchall to be able to take a look at this and allow for the human error that's out there. It's a far from perfect world that we're dealing with, and at this point in time, it's a comparison of your variance, that you look at it. And you have to weigh it within yourself. Is this person taking advantage of the system or are they a victim of the system? And the very fact that we charge, what $4,000 far a variance? I think it's 4,000, isn't it? MR. SCHMITT: It's $3,000. COMMISSIONER COLETTA: Three thousand. Still, it's no bargain. It's not something, I'm sure, people take lightly when they come before this commission. MR. SCHMITT: It is two, correct. It's 2,000. If it's after the fact, it's more. COMMISSIONER COLETTA: Okay, 2,000. But the ones that came before us, I think were well after the fact, and they were, I believe, 4,000. But in any case, 2,000, 4,000, it's a lot of money for any consumer out there to have to pay. And when they do pay it, they have to really feel that they have something that they're looking forward to go -- to go forward that they Page 69 January 10, 2006 have a reasonable chance of success. I don't really know what we can do to improve upon the system. I'd love to see improvements, but right now the system we have, I wouldn't necessarily say it's broken. I think more enforcement. We can always make it better. It might be a great idea. I'm at a loss. I'm looking for suggestions from my fellow commissioners, what they'd like to see, and I probably could support it if it's something that's realistic. CHAIRMAN HALAS: My feeling here is, it is realistic. We've had a case that Commissioner Coyle just referred to. That was back in September, and we're still trying to figure out who's at fault here. And obviously it was -- somebody did something and didn't have a permit for it. Commissioner Coyle? COMMISSIONER COYLE: Yeah. I would just like to add, it certainly isn't fair to punish a homeowner for something that a contractor did without their knowledge or, perhaps even before they owned the home. And the current process penalizes those people by charging them thousands of dollars to come here and ask us to slice the baby in half. And what we generally do is we waive the fee, or at least part of the fee, and what that means is the taxpayers of Collier County are paying because a contractor did something wrong. I think we need to hold the people responsible for doing something wrong, and they should suffer a financial penalty. And if it -- if it means paying for the after-the- fact variance fee, then that's what it ought to mean. And if we need to change our rules, then I'd like to hear some suggestions how to do it. If we need to change a state law, I think we ought to at least find out about that and see if we can petition our legislators to make a change of some kind. The point is, we need to find the right person responsible for this, Page 70 January 10,2006 and we cannot keep pushing it off on the taxpayers of Collier County. And that's my last word on this. CHAIRMAN HALAS: Thank you. MR. SCHMITT: Commissioner Coyle, I need to correct the record as regards to the fence permit. The investigation was closed after the board ruled that they would pay that -- if you recall that incident where they would pay -- come in and apply for the permit, and as far as the case is concerned, they actually got the permit, they applied for the permit, and so there's no case against that contractor now that they got the after-the- fact permit. So that was the ruling of this board, and that eliminated -- your ruling eliminated both the notice of violation and any action against that contractor. I just want to make sure -- I think from a standpoint, I know you always see the variances, but understand there was about 35,000 permitted activities last year in Collier County . You see the one or two or three or four in regards that come before you that involve some kind of an error by the contractor, the homeowner, or staff. And I just want to make sure you understand where the resources are applied. I can certainly look at -- if it's your direction, look at whether we need more investigators in regards to contractor licensing. And do you want, as part of your variance request, how we -- what we're doing -- and if we deem it to be a contractor who made an error. But, again, we're mixing apples and oranges, and I'm concerned about some of that information that you empower both the Code Enforcement Board and your contractor licensing board to deal with that coming to your level. But if that's your direction, we'll certainly -- we'll certainly look at that, and we'll look at whether or not we need to -- from the guidance I hear from Commissioner Coyle, whether we need to come back and amend some of the rules that at least give us more teeth in regards to enforcement. CHAIRMAN HALAS: I think that's what we really need. Page 71 January 10,2006 Commissioner Henning? COMMISSIONER HENNING: Commissioner Coyle, how about if during this variance process is -- we have more information about the person who actually did the job? Now, Gulf Stream Fence in the case of September, was the contractor who did it. Certain agreements between the contractor and the homeowner is really what caused the problem. The issue about a screened-in enclosure just at our last variance, and I hear you loud and clear. I mean, it was an issue of, do we punish the homeowner. But doing a little research on that, I found that it was not a contractor who did it. It was a homebuilder who is buying property and putting up houses and accessory structures as a homebuilder. And the issue is, he really needs to get a license because he's doing several of these items in North Naples in Commissioner Halas's -- if we have more information, would that suffice, about the contractor? COMMISSIONER COYLE: Commissioner Henning, I don't think so. I think you looked up -- you inquired into some information about that contractor at the time, and you said he was still in business and has X number of employees. COMMISSIONER HENNING: Right. What I found out later, it was the -- either the father or the son who actually did it. MR. SCHMITT: It's the son. The son is a registered contractor, not the property owner. COMMISSIONER HENNING: Right. But there's a father -- CHAIRMAN HALAS: Who built it under his son's license. COMMISSIONER HENNING: Was that what it was? MR. SCHMITT: He built the home as an owner/builder. The father built the home as an owner/builder, and -- which they legally can do. COMMISSIONER HENNING: Right. But he's done several of Page 72 January 10,2006 those, Joe, up there. MR. SCHMITT: If you, in the rule -- COMMISSIONER HENNING: Is this a state rule? MR. SCHMITT: There's a tax law. So many within two years, there's a requirement that would make him a -- it would be a business, and then we would force him to get a license. COMMISSIONER HENNING: Well, that's a federal-- MR. SCHMITT: My only other concern with Commissioner Coy Ie -- COMMISSIONER COYLE: We're going to debate this until hell freezes over, and we're not getting anywhere, Joe. It's simple. It really is very simple. Let's take this one situation. What can you do to hold that builder responsible for a failure to adhere to our codes rather than making the new buyer responsible for them? MR. SCHMITT: There is nothing I can do in this case. That was an owner/builder. COMMISSIONER COYLE: That's not the right answer. There is always something we can do in these cases. Now, what I -- MR. SCHMITT: It's a civil matter, sir. I -- COMMISSIONER COYLE: Ifwe're looking for-- CHAIRMAN HALAS: County Attorney, can you help us out here? MR. WEIGEL: A little bit. It's a civil matter, as they indicate in many parts of the context of this review. What I see from the discussion here is to efficiently come back to this board with recommendations of some changes that can be made. CHAIRMAN HALAS: That's right. MR. WEIGEL: And there probably are some changes that can be made. That's not to say that the contractor's licensing boards and the Code Enforcement Board do (sic) a tremendous job when the matters come before them. Part of the time -- part of the problem Joe is annunciating to you Page 73 January 10,2006 is the question of time because remedies fall away and are not available when a lot of time has passed, and the ability to go to court is lost by statute of limitations, which he mentioned. What I would suggest at this point is I will utilize the Florida Association of County Attorneys network to see if, in fact, there are any counties that have implemented -- well, in their -- in their own local regulations, have anything we can look at, borrow from, build on, and try to bring to you as a recommendation. And if I also learn from the other county attorneys some of the limitations and issues that create roadblocks for us, I want to bring those to your attention as well. But we won't give up, county attorney working with staff, we won't give up in ferreting this out so that we have given a report to you to your satisfaction so you know that we've really checked everything out and come to you with a recommendation. CHAIRMAN HALAS: I think we're in the right -- going in the right direction here. Before we take a vote, is there any public speakers on this one? MS. FILSON: Yes, sir. I have one speaker, Carl Suarez. MR. SUAREZ: Well, I'm glad this committee is addressing this issue, because I've spent the last year and a half of my life dealing with this. I was a victim at Hurricane Charley -- and I'm a long-time resident of Collier County, by the way. MR. MUDD: State your name, sir. MR. SUAREZ: My name's Carl Suarez. And I was a victim of Hurricane Charley. My pool cage was destroyed, and I went through enormous efforts to try to get some resolution to that issue. And I can tell you, I've been through the whole process. There's no accountability, there's no recordkeeping, there's no measurement. I formed a citizen's group; I've taken action. I formed a company, an on-line company for reliable contractors, which I've Page 74 January 10, 2006 partnered with the Chamber of Commerce to go address these issues, and there are big issues. There's big problems. You can't even go in and get your complaint filed anywhere. Why isn't there a public database that we can have where you can file your complaints? You can't -- I went and I talked to the city officials. In my case, mine was linked to both the city and the county because the county has all the enforcement. They have the contractor licensing group. And essentially I go through the city process, and I find out for my pool cage that all they really did was check to see that it was attached to the ground and grounded. But they rated it 110 miles an hour. They said they had complete engineering records. I'm a structural engineer. They had no engineering records. And then when I probed them further as to why that was, they said, we're not accountable for anything because it's written in the codes. You know, I tried to get them back out to look at my pool cage. I went and contacted in Punta Gorda up there, Port Charlotte, A.L. Engineering because supposedly their process was, well, we checked to see if there was one or two -- of two reliable contracting firms that designed the pool cage, and then we used to check to see if it was grounded and attached to the ground, and that was about it, and now we do different things. But there's no documentation of that. You can't -- how do you check it? They're supposed to have engineering records. There's no engineering records. Oh, we don't have them. No big deal. You know, so there was no accountability. This is a huge issue, a huge problem. We've got groups -- this group that I formed, we're dealing with other issues on top of that. For instance, there's issues with flooding. We've got people in the group that have been impacted by these things. And everything gets swept under the carpet. And, you know, it just gets pushed aside, and it's been happening for years and years and years. And, you know, you hear about scandals of this and that and the Page 75 January 10,2006 other. Of course there's going to be scandals because there's no accountability. There's -- you know, my house is a brand new house. It was built in the year 2000. And, you know, I found out from the guy that built my pool cage, these things are going down all the time. But there's nobody going back -- where is the records that are saying -- why aren't we checking to see how many of these pool cages that were supposed to be designed for 110 went down at 50? And why aren't we sending a team out to find out why they're going down at 50? Nobody even cares. This is a huge issue that we need to address, and I'm seriously concerned about it. And, you know, if -- I would be interested in getting involved in helping. I think putting some sort of public database together where people like myself can go and at least see other people who are addressed. Even if you're not going to go prosecute them, they say, well, we only do it -- they'll only even take your complaint if you go hire an engineer. So here you are -- CHAIRMAN HALAS: Could you wrap it up? MR. SUAREZ: -- without a pool cage, and then you've -- CHAIRMAN HALAS: Could you wrap it up? MR. SUAREZ: -- got to hire an engineer. CHAIRMAN HALAS: Can you wrap it up, thank you. MR. SUAREZ: Yeah, so anyway. There you go. COMMISSIONER HENNING: I would like to know more about, sir, what you're doing. If you can set up an appointment with me. MR. SUAREZ: Sure. COMMISSIONER HENNING: Thank you. CHAIRMAN HALAS: I think the information that the county attorney gave us, I think that's a way of the course that I think we need to go. Ifwe can give the county attorney direction on this through a vote here, hopefully we can come to some fruition in regards to what's happening and what other counties are doing in regards to addressing Page 76 January 10, 2006 this issue. So if I have a motion. COMMISSIONER COYLE: You've got a nod. Oh, okay. Then we're going to give -- I'll make a motion to give guidance to the county attorney to provide us with an in-depth report about our alternatives and how we can get our goals accomplished. MR. SCHMITT: And I accept responsibility for that as well. We will jointly work on that. CHAIRMAN HALAS: Do I have a second? COMMISSIONER FIALA: I'll second that motion. COMMISSIONER COLETTA: And then, of course, you welcome the j oint working? COMMISSIONER COYLE: Oh, of course. I don't see that you can do it separately from the staff. But I want to emphasize, you're being tasked to tell us how we can get our goals accomplished. CHAIRMAN HALAS: And what need -- if there's any laws that need to be changed, how we go about getting this completed. And do you have an idea, County Attorney, when -- that you would have this information to bring it back to the board? MR. WEIGEL: Oh, I'd say with a lead time needed for executive summary, I'd want at least February 14th or maybe the meeting beyond. CHAIRMAN HALAS: Okay. Last meeting in February, how's that? MR. WEIGEL: That would be great, thank you. CHAIRMAN HALAS: Okay. All those in favor of giving direction to the county staff here, both the county attorney and building department; all those in favor? COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. Page 77 January 10,2006 COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Those opposed? (No response.) CHAIRMAN HALAS: Motion carries unanimously. Item #10B RECOMMENDATION TO AWARD BID NO. 06-3904 - PURCHASE OF ASPHALT AND RELATED ITEMS FOR THE ESTIMATED ANNUAL AMOUNT OF $2.3 MILLION TO BETTER ROADS INC., AS PRIMARY AND BONNESS INC. AS SECONDARY - APPROVED MR. MUDD: Commissioner, that brings us to item lOB, which is a recommendation to award bid number 06-3904, purchase of asphalt and related items for the estimated annual amount of $2.3 million to Better Roads, Inc., as primary, and Bonness, Inc., as secondary . And Mr. Norman Feder, your Administrator for Transportation Services, will present. MR. FEDER: Commissioners, for the record, Norman Feder. This is an effort to establish a contract for paving for asphalt. Essentially you've got a primary and a secondary. We will be utilizing, based on the different bids, based on the nature of job, the lower cost as we can go forward with it. We also have this set on a renewable up to four years each year with a one-year renewable on the bid. Any questions, I'll be happy to try to answer. I have John Vliet. CHAIRMAN HALAS: Commissioner Coletta? COMMISSIONER COLETTA: Yes. Mr. Feder, do you have that chart I seen earlier that showed the cost of asphalt? I want my fellow commissioners to realize in the last three years what the cost Page 78 January 10,2006 increase has been for asphalt. MR. MUDD: Cost of asphalt two years -- and I've got it, John -- $38 -- two years ago, $38 a ton, last year it was $45 a ton, and this year it's pricing at $68 a ton. COMMISSIONER COLETTA: By that analysis, would you say that it's going to cost us more to build roads next year? MR. FEDER: Very definitely, sir. That is not only the item that has been going up. Other items as well, yes. COMMISSIONER COLETTA: What kind of an increase would you say we're seeing overall yearly for construction of road? MR. FEDER: Well, basically, as Jim just pointed out, just on the asphalt, from two years ago, 38 to 45 is about 20 percent increase. That is something that's already in your budget as we presented our work program to you. What we're starting to experience though, we thought, was that rather large increase. But going from 45 to 68 here seeing prices increase dramatically for PVC piping, for fill material, for other issues, we're exploring a number of different approaches that we'll be sharing with the board as we started to get more of those refined, because we're seeing costs escalate very rapidly. COMMISSIONER COLETTA: Do you think if we stop building roads that the cost would come down? MR. FEDER: No. COMMISSIONER COLETTA: Thank you. The only other cost I've got is, I'm very curious to why AP AC was twice the price of everyone else for asphalt. MR. FEDER: Basically because they didn't want the job. CHAIRMAN HALAS: My question to you, Norm Feder, is, is there any type of a way that maybe we can join forces with Lee County and come up with an asphalt plant? MR. FEDER: We're talking to them. Whether it's asphalt plant, which is rather labor intensive, whether it's land to allow for portable Page 79 January 10,2006 plants to be brought in by other contractors, whether it's the opportunity for us to find some areas for fill or rock mining that are done by the county or leased out with definitive prices to us, whether it be buying some of the supplies and start stockpiling, if you can find some land to do that. There's an awful lot of things we're looking at, and that coordination with Lee County on all of the above that I just mentioned are all things that we're exploring right now. CHAIRMAN HALAS: Because it would be nice if we could have a coalition between Lee County and Collier County, since they have a huge amount of rock, it seems, where the counties could buy a large pit, put up an asphalt plant there that would be located someplace in the central part of, let's say, Lee County, so that the transportation costs wouldn't be so -- wouldn't be as great, and it would seem to me that there's a possibility that once the Lee County and Collier County took care of their requirements, that they could, in turn, turn around and sell this asphalt and hopefully we'd recoup a lot of our costs. Maybe -- MR. FEDER: If I could simply find the ability to meet our own needs, I'd be very happy if we're able to expand beyond that. But for right now we're trying to explore, how do we bring down what is extremely rapidly escalating costs for our needs. CHAIRMAN HALAS: Do you have the staff to do a -- kind of a research project to find out if it is cost feasible? MR. FEDER: We're already doing that. We're also working with the industry. We're talking to people in the private sector trying to understand whether or not we're unusual in these cost increases that we're experiencing on different components of cost, and we're getting the feel that we're not, but we want to verify that. We're trying to find out what the industry is looking at, do they have some solutions to this? Because the rejection of the bid 951, which we'll probably be bringing to you -- because after trying to work with the sole bidder, we weren't able to bring down the cost. Page 80 January 10, 2006 Interestingly enough, that cost on 951 from Immokalee down to Golden Gate Boulevard, which came in 70 percent over our engineer's estimate, we found some areas where issues had gone up in price and the like, but nonetheless, nothing like 70 percent. Initial discussions gave us an indication there was ability to pull down a little bit of that cost, but not much. And in particular what was interesting is the contractor's inability to work with us very much in those negotiations was because over 30 percent of their bid was to a subcontractor who they had to encourage to come with them on this one job because they could not find a sub for all the utility work and the subground, subsurface work, and so that one sub was, like you asked me the question on AP AC, wasn't really looking for the job and, therefore, gave a bid that, if I get that price, I'll do it, but otherwise, I've got other things I'm intending to do. CHAIRMAN HALAS: Any other questions from the commissioners? (No response.) CHAIRMAN HALAS: Is there-- COMMISSIONER COYLE: Motion to approve. COMMISSIONER COLETTA: Second. MS. FILSON: No speakers, sir. CHAIRMAN HALAS: No speakers, okay. Motion to approve by Commissioner Coyle and seconded by Commissioner Coletta. All those in favor of this contract for Better Roads, say aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed by same sign? (N 0 response.) Page 81 January 10, 2006 CHAIRMAN HALAS: It passes unanimously. MR. MUDD: Sir, the next -- COMMISSIONER HENNING: Sir, just a clarification. You said Better Roads. I think it's a combination of Better Roads and -- CHAIRMAN HALAS: And Bonness, excuse me. COMMISSIONER HENNING: -- Bonness. CHAIRMAN HALAS: I'm sorry, clarification. Please correct the record. It's Better Roads and Bonness, I'm sorry. Thank you, Commissioner, for bringing that to my attention. Item #10C RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A REQUEST FOR DEDICATION OF RIGHT OF WAY WITHIN THE LIVINGSTON VILLAGE PUD TO ACCOMMODATE THE POTENTIAL FUTURE EXTENSION OF GREEN BOULEVARD - APPROVED MR. MUDD: Commissioner, that brings us to the next item, which is 10C, and that is a recommendation that the Board of County Commissioners approve a request for a dedication of right-of-way within the Livingston Village PUD to accommodate the potential future extension of Green Boulevard, and the transportation division will present. And your name escapes me, so I'm very sorry. MR. QUINTY: That's all right. For the record, Joe Quinty, Principal Planner with the Transportation Planning Department and also the Project Manager for the Green Boulevard extension study. We figured you hear enough from Mr. Feder, so I'd present this directly and have these fellows here for backup. Basically this item stems from a rezoning petition in 2003 that was approved. There are a number of transportation stipulations for the Livingston Village PUD. Primary for us, there's a strip at the Page 82 January 10, 2006 northern edge of it that was reserved with a time frame that expires at the end of this week, and because of that time frame, we reshuffled our priorities and conducted a Green Boulevard extension study, which even though it's really for long-range planning purposes, we did it -- we started it in 2004. We're hoping to conclude it this spring. I think we're far enough along and confident enough to address this issue though, that on the western edge of the corridor, west of 1-75, within -- with the Livingston Village PUD there are two different sections. There's one to the west that could accommodate either Green Boulevard extension or just a Whippoorwill Lane extension down to connect over to Livingston, kind of a backwards L, or to utilize the eastern half of Livingston Village corridor as well and utilize it for a future Green Boulevard extension. Basically what we've done is found -- a lot of traffic analysis found that for long-range purposes, it does provide significant relief to Pine Ridge Road especially, as well as Golden Gate Parkway. Santa Barbara, see some relief as well. There's some additional traffic on Livingston. But for the most part, we see significant traffic benefits from this. There are cost estimates tied to that project itself, which are pretty expensive which raise a lot of eyebrows in the $50 million range for the Green Boulevard extension if it goes across. You know, in response to that, we've also done further analysis to looking at what could be done to Pine Ridge and Golden Gate Parkway in the future to provide similar benefits, and I have some of that analysis to share today if that's an issue as well. Basically we see that -- you know, we've done enough analysis that we believe that this is a tremendous cost savings to us. This would be an impact fee credit at 2003 dollars compared to current values, which, talking to some of our right-of-way folks, would be at least a 65 percent savings, and it keeps the option open. I'm not sure that this is something we definitely want to do in the Page 83 January 10,2006 future, but it's something that I don't want to repeat some mistakes of some of my predecessors and some of your predecessors and, you know, cutting something off. We want to make sure to keep this option open for my successors and yours. So with that, I turn it over to any questions. COMMISSIONER COLETTA: Motion to approve. CHAIRMAN HALAS: I think we've got two public speakers on this. MS. FILSON: Yes, sir. CHAIRMAN HALAS: Okay. MS. FILSON: Marcy Wagner. She'll be followed by Bill Confoy. CHAIRMAN HALAS: Ma'am, I'll give you three minutes. Is that sufficient time for you? MS. WAGNER: It might not be. I'm allowed five, correct? CHAIRMAN HALAS: No, three minutes. MS. WAGNER: Well, let me readjust this a little bit. I just want to go back to reiterate how much -- how long this road is, where it goes, and how much it's going to cost. I won't go into -- I live on Green. It will devastate my neighborhood, okay? Just, period. What you've got is a 2.02 mile roadway. You go to the -- if you go to the documentation here, it's 10,000, at the longest, 679 feet long; 2.02 miles. CHAIRMAN HALAS: Ma'am, if you'd like, you could go over here, and then we could put that chart -- MS. WAGNER: Oh, you want? CHAIRMAN HALAS: Yes. If you walk over here-- MS. WAGNER: Cool. CHAIRMAN HALAS: -- and we have a light table here we can put this on. MS. WAGNER: You've got a 2.02 mile roadway, and at the present time it's estimated at $53 million. After we did the corridor Page 84 January 10,2006 study, we came up with some alternates. Green Boulevard residents would really like to put it behind them. We all have long, deep lots. We suggested going behind us. The price tag for that -- we don't know what it might incur, but that would be where we would want the road, and that's who it impacts is the Green Boulevard residents. So to go behind us would be an alternate. But you also have the situation where the right-of way that you're buying now is not all the right-of-way. Down the road, whether it's 20 years from now, you're going to be buying up seven to 10 lots at Green Boulevard. They're worth quite a bit of money . You also have to buy up all the other right-of-way. So the money that is posted on this -- posted for right-of-way development is not -- is not realistic for down the road when you buy that. Plus with the -- Sunday's paper, when you came out with the fact that all the roads are now costing so much more money, at the tune of 70 percent, this road could cost $90,000 (sic) for 2.02 miles. Now, the road doesn't go anywhere. It'd be different if once you got down Green Boulevard, you launched across the interstate, you went behind Wyndemere and you landed on Livingston, you could go through Grey Oaks. But the past commissioners did not allow any corridors to get through that property. So the only way to get through is to go back to Pine Ridge and back to Golden Gate Parkway. Back on the same roads that you're supposedly alleviating traffic, but you're only alleviating traffic on a certain section of that road. So you're going to devastate our neighborhood, spend over 70 -- probably $90,000 -- $90 million to put a 2.0 (sic) mile road in. Now, you also asked us for our information -- I mean our input on where we should -- you know, some studies and stuff like that. You're going to wipe out about six lots down there. We said put it Page 85 January 10,2006 behind us. We don't know what the money for that will spend (sic). We'd like the intersection up there where the two lakes are. You already own all the property there. So we really don't know how much this road's going to spend. The problem is, I don't think you can buy right-of-way on speculation that you might or might not be able to do this road. If you buy that right-of-way, you're almost committed to throwing money down later on to put this money (sic) in. As residents there, we need to know where this road's going to go, how much it's going to cost, because we have property there, and when we go to sell, we have to disclose if you're going to put a four-lane highway down the front of our property. So when this is over, you decide to buy the right-of-way. This will continue. We will need to know, we will have to study putting it behind. We will have to know because we own property there. I've been there 20 years. I'm a 35-year resident. CHAIRMAN HALAS: Please wrap it up, ma'am. MS. WAGNER: I don't want to be -- I don't want to have Green Boulevard be responsible for taking the brunt of bad planning so you guys can get through to Livingston Road. CHAIRMAN HALAS: Thank you very much. MS. WAGNER: Okay. CHAIRMAN HALAS: Next speaker. MS. FILSON: You final speaker is Bill Confoy. MR. CONFOY: Yes. I'm Bill Confoy. I live at Wyndemere, and we have about five other people who I asked not to speak today to shorten this thing up, but if I could just have them stand up to say that they reviewed these comments and agreed with them. CHAIRMAN HALAS: Thank you very much. MR. CONFOY: I believe the FY-'06 cost is closer to 75 million, and I don't think I have to talk too much on that, because I think you've heard your costs yourself, and 50 million is probably well Page 86 January 10, 2006 understated in FY -'06 costs with what's happening. I also believe that the 3- to $5 million the county will incur in lost revenue from Livingston Village along with this 75 million for the road cost would be better utilized for east to west alternatives, such as widening Pine Ridge Road from 951 to Livingston Road, widening Golden Gate Parkway to -- from 951, if it's feasible, to Livingston Road or the Park -- or the 1-75, and widening Radio Road to take it all the way to Central Avenue. The above, I believe, are more effective spending of road dollars, as it takes the traffic all the way to the city and not leave it at Livingston Road, where it must go to north or south. The Green Boulevard extension is a one-way mile, two -- she mentioned two-mile run, costing 75 million. It just cannot be a benefit to justify this kind of cost. Even if the county numbers and traffic -- say even the county numbers and traffic. Now, Joe Quinty just mentioned that it was a tremendous boost to traffic easement, but his own numbers show that on Pine Ridge Road west of Livingston, which is where this Green Boulevard would terminate, if they don't build, it's 69,000 cars, if they do build, it's 61,000 cars. That's not a huge difference. And on Livingston Road at Green, if they don't build, it's 52,900, if they do build, it's 55,7-. It's 3,000 cars difference. That is not a huge difference to justify a $75 million cost. Lastly, I believe, that you've heard from Marcy about her area, and I think it would be -- do irreparable damage to a cul-de-sac community whose inhabitants, certainly before 1995, had no warning of this proposal. Approval, I don't believe, is tolerable to them, the inhabitants along the way and to the Livingston Road people, or living in this residential community. And I would like to see it die. Thank you. CHAIRMAN HALAS: Thank you, sir. Just so that there's an understanding here, all we're going to do is to continue preserving this Page 87 January 10,2006 in case that we decide to build the road. If we decide not to, then we'll obviously release this right-of-way. That's all that's before us. MR. CONFOY: There's no money committed by the county? CHAIRMAN HALAS: I don't believe there's any money committed by the county. Excuse me. Go ahead. MR. QUINTY: Correct. It would be -- at this -- we're not asking for any funds at this time. It would be for impact fee credits when the planning of development comes to fruition. CHAIRMAN HALAS: Right. MR. CONFOY: Well, that's lost income, it's the same as --lost income to me is the same as paying money. CHAIRMAN HALAS: Okay. Commissioner Henning? COMMISSIONER HENNING: Chairman Halas, we had two speakers on this issue and you allowed them three minutes. Now, are you going to do the same on every issue coming forward? CHAIRMAN HALAS: Yes, I plan to. COMMISSIONER HENNING: Okay. CHAIRMAN HALAS: Yes, sir. COMMISSIONER HENNING: The -- just so that we set the game straight. CHAIRMAN HALAS: The game is straight. COMMISSIONER HENNING: I do have some questions on the numbers that was just pointed out. First of all, I've asked for -- Green Boulevard, approximately 50 homes, 800 trips. Do you agree with that? MR. QUINTY: I think that's probably high. COMMISSIONER HENNING: Okay. MR. QUINTY: Probably -- typically on a dead-end street, in Estates-type dead-end streets, in the 5- to 600 range. COMMISSIONER HENNING: Okay. MR. QUINTY: I wasn't shocked by the 800 number being that -_ because there's a signal there. But in thinking more closely, it Page 88 ..--.,,,____"~_.._~___. _. 0 ~~__~~____",___._ January 10, 2006 probably should be closer in the 600 range. COMMISSIONER HENNING: Okay. Now 19,000 trips, if we do build it -- and I'm adding up between Whippoorwill and Livingston, and I come up with 5,700. Somewhere they're disappearing. Where are they going? MR. QUINTY: Well, they're going throughout the system. You've got -- COMMISSIONER HENNING: Okay. Here's the system. It goes over 1-75; assuming that it has a connection with Whippoorwill, you lose some there. It dead ends at Livingston, and people are turning right and left. My addition is 5,700, but yet we have 19,500 using this new collector. So where is the rest? Where's the 1,300 and some odd -- 13,000 some odd trips going? MR. QUINTY: Basically that's just looking at, assuming that the current traffic -- COMMISSIONER HENNING: Mr. Mudd, do you see this item? MR. QUINTY: Well, basically what I'd like to add is that currently you've got Pine -- everyone using Livingston because there is no other alternative. So basically you've got more people avoiding Livingston to the south because there is another option. So it kind of mixes together. You know, the traffic model is not a perfect tool, but for this case, looking long-term, it's a very useful one. And, you know, one of the reasons why we're not finished with the study right now and still at the stage is waited until Living -- the final stretch of Livingston opened so we weren't making projections for that too. We wanted to do a full-year analysis of the Livingston corridor. In a perfect world, I would have liked to have this provision in the PUD two years further out so we could also have done it looking at real numbers with the Golden Gate intersection as well. But, you know, we're doing -- you know, using those projections. Page 89 January 10,2006 I don't see anything on here that's truly concerning. You have a movement in the morning, northeast to southwest, a number of different ways people are trying to make that movement. You know, Livingston is much more equipped to handle a little bit of additional traffic; whereas, Pine Ridge, will all its signals, with all the median openings, with all the driveways, you know, I think it's a tradeoff we're willing to take. COMMISSIONER HENNING: Right, I understand that. But I'm just concerned about the numbers, and somewhere some 13,000 cars flew off somewhere, and I just haven't figured that out. And-- did we produce this or did we hire somebody? MR. QUINTY: We hired somebody to produce this. COMMISSIONER HENNING: Are we going to pay this person? MR. SCOTT: Don Scott, Transportation Planning. It's not just what's going north and south on Livingston. It's also what's going to -- you look at numbers coming from down Whippoorwill, anything that's in the Pine Ridge area, you run the model, you put a link, you distribute the traffic, you take the link out, you distribute the traffic. It's not just in one location. It's not going one direction. It's all directions. COMMISSIONER HENNING: Okay. So it's going east and west, that 19,000? MR. SCOTT: Exactly. COMMISSIONER HENNING: I got you. So that's where my flying cars went. MR. SCOTT: And it's not only just Livingston. You're going to see more -- as you see on the numbers, there will be more people going on Whippoorwill. Let's say you wanted to go to Pine Ridge or whatever. And, you know, as Joe says, is a model a perfect tool? No. But we've always projected, if I go back in the past and say, I'm going to Page 90 January 10, 2006 compare what happened for the traffic, our only problem is we've been about seven, eight years ahead of time. If I take 2010, it's really 2002 that those numbers happened. COMMISSIONER HENNING: Well, where I missed it, I failed to recognize, is the trips going east, okay. MR. SCOTT: Yep. COMMISSIONER HENNING: So my mistake; I apologize. The -- I've asked to do a comparative if you improve Pine Ridge or other improvements to capture that 19,000. MR. SCOTT: We looked at -- if I was taking money and said, okay, what if I want to do -- try to do the same capacity, which Joe just pulled up. If I did eight lanes on Pine Ridge and I did eight lanes on Golden Gate Parkway, how much would that cost and what kind of capacity would that add? Both of them together does not add the same capacity as Green Boulevard itself. And one other problem to that is that if you look at the master plan for 1-75, Pine Ridge under the interstate is assumed to be eight lanes. So even beyond that, that intersection, to make that work, they assumed eight lanes and actually triple right southbound, which is another interesting addition to what's out there right now. COMMISSIONER HENNING: Okay. MR. SCOTT: But -- so I don't believe you'd even experience the same capacity increases. Now, the other problem is, those are conservative numbers for right-of-way. Ifwe added 24,25 feet whatever on Pine Ridge, I believe you would get into the Chevron station, the Shell station, probably the Mobil station on the north side. It was never set up to be eight lanes, and because of that, the expense to do that would be, I think, a lot more than what you proj ect in here. Conversely though, I think Golden Gate Parkway might be easier to do eight lanes, and we've actually talked about doing a balance Page 91 January 10, 2006 circumstance for the on -- the loop on where you might have four lanes going out and three lanes coming in on Golden Gate Parkway to take advantage of the loop when it's done, but that's future. COMMISSIONER HENNING: Okay. CHAIRMAN HALAS: Commissioner-- COMMISSIONER HENNING: Thanks for providing that. CHAIRMAN HALAS: I'm sorry. You finished, sir? COMMISSIONER HENNING: Yes, thank you. CHAIRMAN HALAS: Commissioner Coletta? COMMISSIONER COLETTA: Yes. One more time. Let's talk about a timeline. I realize that what we're doing is we have an opportunity to be able to get this right-of-way and hold it in perpetuity for a use sometime in the future. When would be that time in the future? MR. SCOTT: You know, based on the work program, you look out -- we have 10 to 12 years of need or of identified going through right-of-way design, future projects out in the Estates, particularly, that we have 12 years wrapped up in the program right now, so -- COMMISSIONER COLETTA: It would be after that? MR. SCOTT: It'd be after that. I'd say -- COMMISSIONER COLETTA: And it could be how many years? MR. SCOTT: I would guess more like 20 years. COMMISSIONER COLETTA: Yeah. And so what we're doing is -- what we're doing is we're leaving this for some future commission, rather than taking away a tool for them to be able to understand what's possible. This is one of the difficulties I know we run into continuously where adequate right-of-way wasn't put aside for a lot of our main thoroughfares many times, that roads began and ended, and then we allowed developers to go in and reconfigure their end of the road -- St. Andrews a good example -- in such a way that it was impossible to Page 92 January 10,2006 continue. Piper Boulevard another one. This I see as -- this is a decision for people that are going to be made way past us, and I'm not about to tie their hands behind their back, like the previous commissions going way back have done to this commission. And then we become more of a fall guy -- they'll become more of a fall guy at that time if we do not have this right-of-way set into reserve. MR. SCOTT: I don't -- I mean, even the side of not building it, I don't believe we'd lose on it in the future. I mean, none of this right-of-way's getting any cheaper. So even if you don't use it and you put well sites in it in the future or something, you know -- COMMISSIONER COLETTA: Right. But we're not granting you the right to be able to build this road now? MR. SCOTT: No. COMMISSIONER COLETTA: That's correct, right? MR. SCOTT: I mean, we would come back with -- at whatever time we're even deciding we're going to do it. I believe a connection from Whippoorwill over to Livingston might be something that would come in sooner than that, you know, 10 to 12 years out, but -- COMMISSIONER COLETTA: So I can expect that when I'm here at 83 years old, this will come back to me to make a decision on? MR. SCOTT: I hope you're still here at 83 years old. COMMISSIONER COLETTA: I hope I'm just alive at 83. CHAIRMAN HALAS: Commissioner Fiala? COMMISSIONER FIALA: Yes. By accepting this right-of-way, will it -- one of the -- the first speaker said something about back yards. Would -- and I realize we're not even planning a road now. We're talking about maybe 20 years out here. But would that be able to connect to the back of their properties rather than the front? MR. SCOTT: We looked at the -- what was raised was, could you put it along the FP &L corridor on the -- essentially the eastern Page 93 January 10, 2006 side. Obviously if I do it on the western side, I'm splitting the neighborhood that's already out there. We looked at some possibilities. It would be a very weird crossing of the interstate to get down to this right-of-way, but we have looked at the possibility that you could go on the back side and go come down like near -- almost like a frontage road along 1-75 to hook up to this same location, so that is possible. More expensive, but possible. MR. QUINTY: It's something that FP&L's in the process of looking into for us right now. We'll probably come back to you in the springtime with a final report for the study. Again, not making any -- not asking you to make any judgment on -- to adopt this for the future, but to at least present the final findings and to consider at least, you know, approving the corridor concept to keep alive for -- so it's something we'll be -- you know, Marcy and the Green Boulevard residents have been, you know, very active participants and actually really good partners in some small group meetings about -- with some creative ideas along this corridor. You know, from some of our previous issues along FPL corridors, I was a little hesitant at first to approach that, but it's something that, at their direction, we're looking at again, and it's something that we're going to be talking to them about further in the spring and then hopefully bring back to you for a final report. COMMISSIONER COLETTA: I'd like to make a motion, if I may, at this time, to approve staff recommendations for the set aside of this right-of-way. CHAIRMAN HALAS: Do I have a second? COMMISSIONER HENNING: Second. CHAIRMAN HALAS: I second it then. Motion to approve the right-of-way on this. COMMISSIONER COLETTA: Well, the staff recommendation. CHAIRMAN HALAS: The staffs recommendation to preserve Page 94 January 10, 2006 the right-of-way on this by Commissioner Coletta, seconded by Commissioner Halas. All those in favor? COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: All those opposed, by like sign? (No response.) CHAIRMAN HALAS: Motion passes unanimously. Thank you very much for your presentation. I think at this time we'll take a break for lunch, and we'll be back at one o'clock. Thank you. (A luncheon recess was taken.) CHAIRMAN HALAS: Do we have a hot mike? MR. MUDD: Commissioner, you do now. Ladies and gentlemen, please take your seats. Mr. Chairman, you have a hot mike. CHAIRMAN HALAS: Board of County Commissioners are back in session. Item #7 A RESOLUTION 2006-10: CU-03-AR-4647, MITCHELL D. HOUSE, REPRESENTED BY DONALD J. MURRAY, AICP, AND COASTAL ENGINEERING CONSULTANTS, INC., IS REQUESTING A CONDITIONAL USE TO ALLOW FOR THE ESTABLISHMENT OF AN ECO- TOURIST FACILITY IN THE RURAL AGRICULTURAL-AREA OF CRITICAL STATE CONCERN/SPECIAL TREATMENT OVERLAY (A-ACSC/ST) ZONING DISTRICT PURSUANT TO SECTION 2.04.03, TABLE 2, Page 95 January 10, 2006 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE. THE SUBJECT PROPERTY IS LOCATED APPROXIMATELY OF A MILE WEST OF S.R. 29, ON THE NORTH SIDE OF U.S. 41, IN SECTION 25, TOWNSHIP 52 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA - ADOPTED W/STIPULA TIONS MR. MUDD: Commissioner, the next item is -- this is one o'clock, and we start our zoning appeals and our land use items -- 7 A. This petition requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's continual use 03-AR-4647, Mitchell D. House represented by Donald 1. Murray, AICP, and Coastal Engineering Consultants, Inc., is requesting a conditional use to allow for the establishment of an eco-tourist facility in the rural agricultural area of critical state concern/special treatment overlay, which is A-ACSC/ST, zoning district, pursuant to section 2.04.03, Table 2 of the Collier County Land Development Code. The subject property is located approximately a mile west of State Road 29 on the north side of U.S. 41 in Section 25, Township 52 south, Range 29 east, Collier County, Florida. CHAIRMAN HALAS: At this time I'll ask the commissioners in regards to ex parte and disclosures of this, starting with Commissioner Henning. COMMISSIONER HENNING: Yeah. I seen it on the planning commission, parts of it, and I talked to the county attorney on it. CHAIRMAN HALAS: Commissioner Fiala? COMMISSIONER FIALA: Yes. I've spoken to our staff, I've spoken to our county attorney, as well as to Joe Schmitt, and I've asked Joe actually to get a bit of information for me, and I have a couple e-mailshere.andthey.rein my folder. CHAIRMAN HALAS: The only ex parte I have is I've talked to staff on this, and that's been the gist of it. Page 96 -'.'--,;.----.--.-..--...,....-- --'""- January 10,2006 Commissioner Coletta? COMMISSIONER COLETTA: Yeah. Obviously I came in late, which one are we on? CHAIRMAN HALAS: We're on 7A, sir. COMMISSIONER COLETTA: 7A? CHAIRMAN HALAS: Yes. COMMISSIONER COLETTA: Yes. I had meetings, correspondence, e-mails, and phone calls. CHAIRMAN HALAS: Commissioner Coyle? COMMISSIONER COYLE: I have had meetings, correspondence, telephone calls. This item actually first came before the commission well over a year ago, if I remember correctly, so there is -- there's substantial correspondence in my file. CHAIRMAN HALAS: Would the applicant like to give us a presentation. MR. MUDD: You have to swear people in, sir. CHAIRMAN HALAS: Oh. Anybody that's speaking on behalf of this, please stand to be sworn in. (The speakers were duly sworn.) MR. ANDREA: Good afternoon. I'm Robert Andrea with Coastal Engineering, representing Mitch House of Jan's Trams. I'm glad to be here today. We did start this a while ago, about in 2002. We're requesting a conditional use for an eco-tourist facility in lands designated as agricultural, rural mixed use, and conservation. It's also within the area of critical state concern with a special treatment overlay. Much of the area that you see here is conservation land, and we feel the conditional use we're petitioning for is -- goes along nicely with this area, is very low impact, passive recreational use. We believe the proposed use is consistent with Collier County Growth Management Plan because it promotes such things as the passive recreational type uses that we're proposing here. Page 97 January 10,2006 The subject property zoning designation is agricultural rural mixed use and conservation. And since a large portion of this is already conservation, which is basically designed to conserve and maintain the natural resources of Collier County, we feel this proposed use is consistent with this as well. Our proposed use will educate people on the conservation land and let them know why that's important to our area. We'll provide a close-up look on our tours of the natural resource area. We'll be traveling over existing lands, existing trails, existing canals, be very low impact. We won't create any new areas. We feel this would be a very good tourism draw for the area, as well as educating the people about the history of the area. During this process, we've been able to address a lot of the concerns posed by staff. We've submitted the protected plant species report, we've increased some parking areas. We did have, with the Collier County Planning Commission meeting, some stipulations, and I'd like to address those, if I could. On the list, Exhibit D, conditions of approval, number four, motor vehicles shall be equipped with engines which include spark arresters and mufflers designed to reduce noise. The petitioner will provide a statement and/or repair bill from a licensed auto mechanic certifying that the vehicles in use comply with defined criteria within 30 days of approval. If you look down at number eight, it also says, the vehicles shall comply with the state and U.S. Coast Guard regulations. We'd like to ask that number four be eliminated since it's a little redundant, and the fact that if we -- if we have off-road vehicle -- or off-road tires on this vehicle to be able to transverse over the lands here to protect it, we won't be able to drive on the road to go into Naples to get a certified mechanic. But they will be -- they will be certified as according to state regulations. Also stipulation number 13, any pruning of mangroves on site Page 98 _~,^__."".~..O".~W"""__,_,_,,,,~,_.,m'.,~,..~,_.___,_........ _ ,." """""_._~.,~ .'" '-~---",~~"'- -,~.~-,-,._--- - - -~.._...._-- January 10,2006 shall comply with the Florida Department of Environmental Protection's requirements. Number 19 also states, the owner shall use a licensed mangrove trimmer for any necessary trimming. I believe the DEP has a regulation where you can trim back branches through the waterway up to one inch in diameter to be able to pass through. We propose that we eliminate number 19, the owner shall use a licensed mangrove trimmer for any necessary trimming and that we will comply with all DEP regulations for mangrove trimming. Stipulation number 22 states, vending machines are restricted from being located where they would be -- where they would not be visible from vehicles traveling along U.S. 41. CHAIRMAN HALAS: Where they would be visible? COMMISSIONER FIALA: No. MR. ANDREA: It says where they would be visible. CHAIRMAN HALAS: Are restricted from. MR. ANDREA: Right, restricted from being located. CHAIRMAN HALAS: So you can't see them from U.S. 41. MR. ANDREA: Right. We feel this is kind of an unprecedented stipulation. We'd like to remove it altogether, or maybe change the wording where all vending machines just be located just inside the building. Then the last one here, number 23, the applicant shall seek FDOT approval of a right-in deceleration turn lane from the east and a left turn lane from the west. We have already had previous discussions with FDOT, and we don't feel there's enough right-of-way to comply with this particular stipulation here. We would like to reword that to, the applicant shall seek FDOT approval so that they can -- they can look at the right-of-way that is available there and let us know if turn lanes are even possible there. And I believe the last remaining issue that has yet to be solved is Page 99 January 10,2006 the issue of the conservation easement. We're acutely aware of this easement requirement. It's not that we have an unwillingness to grant the county a conservation easement. It's more like we have the inability to. This is leased land. Our client does not own the land. He leases it, and we'd like to propose that the conservation easement run with the lease. That's all I have. CHAIRMAN HALAS: Okay. Thank you very much. Do we have a report from staff? MS. WILLIAMS: Good afternoon. For the record, Heidi Williams with zoning and land development review. The project has been fully reviewed by staff. It has gone to the Environmental Advisory Council and to the planning commission. Getting to the heart of the matter, this is a project that we feel is a reasonable use of this site. It is environmentally sensitive land, that is the reason there are so many stipulations of -- for conditions of approval. The main issue that staff has is that the growth management plan requires a permanent conservation easement for impact to this particular type of land. The applicant is a leaseholder and is unwilling or unable to provide that easement. Based on that inconsistency, staffs recommendation is for denial; however, should that issue be able to be resolved, the 24 stipulations are recommended. Staff does note that number 19, that the applicant requested, is redundant and is acceptable to be removed. I should note that of the 24 conditions, one through eight are land development code requirements, nine through 14 were added by environmental staff, 15 through 21 were stipulations for recommendation of approval by the Environmental Advisory Council, and 22 and 23 were added by the planning commission, and 24 was also a staff stipulation. Page 100 January 10, 2006 So 19, we have been discussing that that is redundant and we'd be okay with removing that. The vending being inside, that was a planning commission stipulation. I believe it was something, they just wanted to remove any type of unnatural setting from something that is supposed to be a very natural area, and could certainly work out the wording of that. The number -- stipulation number 23, we feel that the wording proposed by the applicant is actually what is written there, that the applicant shall seek FDOT approval. And with that, I believe that I could answer any questions or we could discuss the permanent conservation easement, the growth management plan requirement. CHAIRMAN HALAS: Commissioner Henning? COMMISSIONER HENNING: A question for the applicant, please. Can you -- it took me a while to get through the stips. on what page it is. Can you tell me which one you raised the red flag again? MR. ANDREA: Yes, absolutely. Number four. COMMISSIONER HENNING: Four, okay. MR. ANDREA: Number eight. COMMISSIONER HENNING: Okay. MR. ANDREA: Number 13. COMMISSIONER HENNING: Okay. MR. ANDREA: Number 19. COMMISSIONER HENNING: 19. COMMISSIONER HENNING: Okay. MR. ANDREA: Number 22. COMMISSIONER HENNING: Yeah. MR. ANDREA: And number 23. COMMISSIONER HENNING: Twenty-three, okay. Now, show me -- obviously, this is ecotourism, correct? MR. ANDREA: Yes. COMMISSIONER HENNING: Can you show me where the Page 101 January 10,2006 motorized vehicles will be traveling on the map? Actually I guess it's up on the viewer. MR. ANDREA: Yeah, I can give you a -- COMMISSIONER HENNING: Thank you. Oh, I see from the purple, okay. MR. ANDREA: Yes, the purple line there, that's an existing tram trail that has been there, and we'll travel over that road. COMMISSIONER HENNING: Okay, great. Now, I need to know on these stipulations, the conditionals from our staff, obviously they go above and beyond our law, but it -- maybe it's because it's a conditional use that we can ask so many things. MS. WILLIAMS: It is a process that has grown. Numbers, again, one through eight are in the land development codes as requirements. COMMISSIONER HENNING: Right. MS. WILLIAMS: So the request that number eight be removed is something that is not consistent with the land development code and something that was not reviewed by staff since we've not had that request in front of us prior to today. The environmental staff added stipulations based on the sensitivity of this area, and each of our review boards also added things that they thought would make it a reasonable -- a more reasonable use at the site. COMMISSIONER HENNING: Am I correct in my assumption, because it's conditional uses, you can go above and beyond what's called for under our codes and laws? MS. WILLIAMS: Yes, that's correct. COMMISSIONER HENNING: Well, number nine, or number eight, my perspective, if it's an off-road vehicle, you don't want it to be state certified or have to comply to state laws, because a vehicle -- vehicle could mean, you know, so many things. So maybe you would change that to off-road vehicle if there's any stipulations on that? Page 102 January 10,2006 MS. WILLIAMS: I would probably have to defer to our county attorney, because that's language I took directly out of the land development code. COMMISSIONER HENNING: But this is -- all right. It's -- I'm not sure -- I think the -- these vehicles are going to be modified for the use of this trail over there, not made to run up and down 1-75. So can we do some modifications with that? Ms. Student? MS. STUDENT-STIRLING: I believe that ifit were not going to meet the intent of what is in the land development code, that we could, and the land development code does provide that we can put reasonable stipulations and safeguards on the approval of a conditional use. COMMISSIONER HENNING: Okay. Thank you. CHAIRMAN HALAS: I have a question on number eight. It's my understanding that we're going to have vessels traversing waterways here. And I believe the gentleman said that he wanted to eliminate number eight. To me, that's the most important one, especially with Coast Guard regulations in regards to life jackets and the sort and meeting those Coast Guard regulations. MS. WILLIAMS: I could have the-- CHAIRMAN HALAS: Especially when these are going to be for rent. MS. WILLIAMS : Well, my understanding is that the -- it will be more of a tour than a rental, but I could have the agent for the applicant speak to that. CHAIRMAN HALAS: Well, whether -- it's a tour boat and you want to make sure that the people onboard the tour boat are considered as far as the safety, and I hate -- the welfare, safety of the people on the -- that are going to be using these boats. MS. WILLIAMS: Yes. I do think that is the intention of this prOVISIon. Page 103 January 10,2006 CHAIRMAN HALAS: Okay. So I kind of stick, that we should keep number eight there. Commissioner Coletta? COMMISSIONER COLETTA: First I'd like to know, do you have any signed-up speakers on this? MS. FILSON: No, sir. COMMISSIONER COLETTA: Obviously, the -- did the environmental community have any comments at any of the meetings that you had? I'm very curious about that. MS. WILLIAMS: There was significant discussion at the Environmental Advisory Council meeting. If you'd like to hear from our environmental review staff, she is here and could answer particular questions. COMMISSIONER COLETTA: Well, I know the environmental committee passed it, but I'm talking -- I'm sorry . Was there any outcry from our -- such as the Audubon or the Wildlife Federation? MS. WILLIAMS: No, there was not. COMMISSIONER COLETTA: Okay. That's what I wanted to know. So obviously this does not present a threat to the environment? It probably serves as useful purpose in equating people to the amenities that are out there, the wildlife that's there. I think it's a good project, but I want to hear some more from my fellow commissioners. CHAIRMAN HALAS: Commissioner Fiala? COMMISSIONER FIALA: Yes. I had two questions. I asked staff this, but I'd like it -- to research both of these. I got an answer back on one of them, but I wanted to state on the record there was no mention of bathrooms on here, yet we're talking about a very environmentally sensitive area. Would you please tell me how they're going to handle the bathroom situation? MS. WILLIAMS: Sure. I was provided an explanation verbally from the agent for the applicant, so he could fully explain it to you now. Page 104 January 10,2006 COMMISSIONER FIALA: Okay. Thank you. MR. ANDREA: Weare using actually environmental toilets in this area. They're self-incinerating toilets that will burn the waste right inside a self-contained unit. They're actually -- the name of them is a Store Borne Toilet, and they're environmentally sensitive toilets. COMMISSIONER FIALA: Okay. Thank you. I have another question also. This one is very important to me actually, and I have not received an answer. They were -- you were talking about, during the Environmental Advisory Council meeting, they said any listed plant species will be relocated out of harm's way. From my very basic knowledge, you take a plant that is in a specific area, especially if it's a listed species or an endangered species, and you move it and you kill it. Now, I got very nervous about that one, and I want to know what is going to happen with any listed plants. MR. ANDREA: If it's okay, I'd like for our environmentalist to answer that. MS. LIDA Y: For the record, my name is Tammy Liday (phonetic) with Earth Balance. We have been the environmental consultant since the beginning of the project. And we did do a listed plant species with a recommendation from the environmental committee, and we did find a number of air plants that were located within the canals that the boat would be running on, and these are air plants that can be easily transplanted to higher locations on a mangrove that will not be, you know, trimmed back or anything. So there may have been just a few hanging over the canals that would be removed and relocated. And it's easy to physically, you know, take that plant and relocate it up with some wiring. COMMISSIONER FIALA: But nothing rare? Like some of these rare orchids that they're finding now that we didn't even know Page 105 January 10, 2006 existed before, nothing that is endangered as far as the plant life goes; is that correct? MS. LIDA Y: Right. It was your typical air plants, which are called Tillandsias, that were located in the canals, that -- there was four species of Tillandsia. COMMISSIONER FIALA: Okay, fine. Thank you very much. CHAIRMAN HALAS: Commissioner Coyle? COMMISSIONER COYLE: I'd like to follow up on with that question. Is it your understanding that paragraph 1 7 applies only to listed plant species? MS. KEMP: Yes. It's only to plants as in -- stated in item 17. COMMISSIONER COYLE: It doesn't -- it doesn't say plants in 17. It says, any listed species. And I was wondering how you're going to catch those Red-cockaded Woodpeckers and relocate them. MS. LIDA Y: Right. None of the wildlife species. You know, they were wading birds observed in the area; that would be a listed species. Obviously they don't need to be relocated physically. I'm sure they will do so themselves. Other species that were found were the common snook, which is a listed species in the canals. Obviously they can move out of the way also. COMMISSIONER COYLE: Well, that's the problem with the imprecise language. Number 17 says that you shall relocate any listed species in impacted portions of the canal area, not really just the canal, but the canal area. So it's very imprecise language. And I think we have to have a meeting of the minds here before we can go any further. So how do we do that? MS. MASON: Good afternoon. Susan Mason, environmental services staff, for the record. It does -- it does -- this discussion in the stipulation was added in regards to plants, but there is also the possibility, whether or not this condition was placed in there, I couldn't see it happening, but say a gopher tortoise moved into the parking lot area. That burrow would Page 106 January 10, 2006 need to be excavated and that tortoise relocated prior to site development plan. Any of those mobile foraging type of animals that may temporarily come onto a site, that's not what relocation is about. It would be something, if a rookery was found on site or if a burrow for an animal, that type of relocation, but it would not ever address anything like panthers that cross through this area or bear or anything like that. COMMISSIONER COYLE: Or snook? MS. MASON: Or snook, no. COMMISSIONER COYLE: How do you -- how do you make sure that the petitioner understands clearly what their responsibilities are under this particular stipulation? MS. MASON: Well, the stipulation in the LDC and the growth management plan, it's listed species in general are protected. It's not differentiated between the plants and the animals. So if they're listed, they're protected, but this relocation would -- at this site in particular, all that this would apply to are plants because that's the only listed species that's located there that is -- COMMISSIONER COYLE: Then don't you think it would be better if we were to say, the applicant shall relocate any listed plant species? MS. MASON: You could put that on there, however, it wouldn't relieve them of the obligation if a listed animal species showed up on site and chose to create a burrow there, that they would still have to obtain the permits, whether or not the stipulation or condition was there. It was really the clarification in regards to the air plants because a lot of times historically some of these plants have not been handled. The animals have been looked at more carefully. COMMISSIONER COYLE: But you understand my problem? It really isn't clear. It doesn't say anything about air plants. It doesn't Page 107 January 10, 2006 say anything about plants at all. It just says listed species. MS. MASON: Right. And I think it may have been done on purpose to cover any possibility of something -- if we limited it to air plants and then in the course of another survey they discovered an orchid that they didn't observe the first time that needed to be removed, that that would also cover an orchid or another species that maybe should be relocated. COMMISSIONER COYLE: Okay. That puts the petitioner a very precarious position. But nevertheless, as long as they understand the intent, I'm sort of happy with it. And Mr. Chairman, I would be willing to go ahead and make a motion for approval recognizing that the petitioner has asked for some elimination of certain of these stipulations. I would not suggest approval of any of those modifications with the exception of the elimination of number 19, which the staff is in agreement with, and to further qualify the stipulation in number 24 to state that the permanent conservation easement dedicated to Collier County would run with the terms of the lease. And with that, I would make a recommendation for approval. COMMISSIONER FIALA: Excellent. I'll second that. CHAIRMAN HALAS: Just so I have an understanding, Commissioner Coyle, you're saying to include all of the before-mentioned items that the petitioner was trying to exclude; you want those back in except for number 19; is that correct? COMMISSIONER COYLE: That is correct. CHAIRMAN HALAS: And that 24, you're saying that the applicant, even though he doesn't own this land, he is leasing this land, that he still has to retain a permanent conservation easement on this property, or a conservation easement on this property while he's under the lease? COMMISSIONER COYLE: For the term of the lease. CHAIRMAN HALAS: For the term of the lease? Page 108 January 10,2006 COMMISSIONER COYLE: That's right. CHAIRMAN HALAS: And we have a second by Commissioner Fiala. And Commissioner Coyle -- Coletta? COMMISSIONER COLETTA: Yeah. I'm just curious why the vending machines were not something that would be considered as far as putting them in the building. They'd be still out of view, probably make the operation run smoother. COMMISSIONER COYLE: Well, I don't think there's anything to prohibit that. I think it just says that they should not be seen from the roadway; is that correct? COMMISSIONER COLETTA: Is that correct? MS. WILLIAMS: That's correct. COMMISSIONER COLETTA: So that shouldn't be a concern. COMMISSIONER COYLE: So you put them in the building or put them behind a barricade or put them behind the building, either way. MS. WILLIAMS: Right. CHAIRMAN HALAS: Okay. COMMISSIONER COYLE: Okay. So it gives them more flexibility actually. CHAIRMAN HALAS: Commissioner Henning? MR. SCHMITT: And that was -- for the record, that was only done to prevent people from stopping as they go down 41 to stop at a vending machine, so that's the reason why that was there. COMMISSIONER HENNING: God forbid. CHAIRMAN HALAS: Commissioner Henning? COMMISSIONER HENNING: What's the -- I mean, should we be doing this? If we do this with a vending machine on this particular application, shouldn't we consider it on all commercial property or all places that have vending machines? Shouldn't we put it in our land development code, we don't want to see vending machines? Page 109 January 10, 2006 CHAIRMAN HALAS: This is on conditional use. COMMISSIONER HENNING: I know it, but I'm saying, to be fair, we do it for one, shouldn't we do it for all? MR. SCHMITT: Commissioner, that was the planning commission only because they thought it would create a traffic issue, because of the difficulty in the right-in and right-out and left turn, and they felt along U.S. 41, that that created more ofa problem for this petitioner than they needed to deal with, and that was the only reason for that. It was nothing to prevent anybody from stopping. It was meant more as a -- from the planning perspective, as a safety issue. COMMISSIONER HENNING: God forbid. I hope none of those vending machines jump out and create an accident or anything. CHAIRMAN HALAS: Is there anything -- any speakers? MS. FILSON: No, sir. There's no public speakers, so you can close the public hearing. CHAIRMAN HALAS: Okay. Close the public hearing. Is there any further discussion? If not -- yes, Commissioner? COMMISSIONER COLETTA: Just -- I'm sorry. Just one more. CHAIRMAN HALAS: Hold on. I want to get it from the county attorney. Yes? MR. WEIGEL: Thank you. For clarification in regard to discussion of the conservation easement and the motion and discussion on the floor relating to, that the easement should run for the time of the lease, we have -- the legal review has indicated that a leaseholder, in this case the applicant, can, in fact, convey an easement no greater than the rights that he or she has with the lease, so I don't think that's a disputed item in regard to the motion that was made. I do want for clarification to understand though that since it is a lease and there is the potential, although we don't know right now, when that lease may end, is the conditional use to continue for this site after the lease ends, notwithstanding that we have a conservation easement only for the duration of the lease? And you may want to Page 110 January 10, 2006 factor that into your consideration and motion. CHAIRMAN HALAS: I think that was made in the motion itself. COMMISSIONER COYLE: Yeah. It would be my expectation that the lease of the property and the continuation of the conditional easement would be -- would expire at the same time. MR. WEIGEL: The conservation easement? COMMISSIONER COYLE: Yes. MR. WEIGEL: I'm talking a little further in regard to the conditional use, which is the land use that you're actually making a motion to approve today, will it continue beyond the end of the lease or not? COMMISSIONER COYLE: Well, again, I had -- I had intended to include in my answer that it would cease at that time. In other words, my assumption is that they are leasing this property, particularly this portion of the property, specifically for the purpose of having this eco-tour. MR. WEIGEL: Right. COMMISSIONER COYLE: If they stop leasing the property, it would be my presumption they would no longer have the eco-tour, and they would no longer have the continual use. MR. WEIGEL: And that's very clear on the record. I appreciate that. COMMISSIONER COYLE: And that way it would protect our rights with respect to the conservation easement. MR. WEIGEL: You've answered my every question. COMMISSIONER COYLE: Okay. CHAIRMAN HALAS: Is that for the second also? COMMISSIONER FIALA: Yes. CHAIRMAN HALAS: Okay. There's no further discussion? COMMISSIONER COLETTA: Yes. Just, if I may. Number eight, vehicles shall comply with state and U.S. Coast Guard Page 111 January 10, 2006 regulations. Didn't we -- we were discussing that, and I thought that was -- that was a little bit too much, wasn't it? We're talking about vehicles that would meet -- be roadworthy? CHAIRMAN HALAS: No, we're talking about boats also. They've got boats and -- they've got also land vehicles and boats, and so, therefore, the stipulation that when you load people on boats to take them on a tour -- COMMISSIONER COLETTA: Okay. So in other words, the laws that are already in place regarding these type of things for eco-tours has to apply? CHAIRMAN HALAS: That's correct. COMMISSIONER COLETTA: I've got no problem with that. CHAIRMAN HALAS: Okay. There's no further discussion? Yes. Oh, I'm sorry. Commissioner Henning? COMMISSIONER HENNING: Do we want to further clarify that to make it off-road vehicles, it has to comply to state law in regard to off-road vehicles. CHAIRMAN HALAS: There may be some laws in regards to off-road vehicles, when you -- when you have them as a way of taking people on tours, so there may be some -- there may be some laws in regards to what needs to be -- what safety issues or safety factors they need to have incorporated. COMMISSIONER HENNING: Right. The only thing is -- CHAIRMAN HALAS: I think that's all this was saying, if there's any state laws in regards to off-road vehicles for hire where you take passengers, they have to meet that criteria. COMMISSIONER HENNING: Oh, thank -- so that's the clarification number eight? CHAIRMAN HALAS: Yes, sir. COMMISSIONER HENNING: Okay. CHAIRMAN HALAS: Okay. If there's no further discussion, all Page 112 January 10,2006 those in favor of this conditional use approval, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: All those opposed, same like sign? (No response.) CHAIRMAN HALAS: The motion approves -- is approved unanimously, 5-0. Item #8A ORDINANCE 2006-01: PUDZ-A-2004-AR-5431, C & R REALTY OF RICHMOND, INC., REPRESENTED BY ROBERT L. DUANE OF HOLE MONTES, INC., AND R. BRUCE ANDERSON OF ROETZEL & ANDRESS IS REQUESTING A REZONE FROM ESTATES E AND PLANNED UNIT DEVELOPMENT PUD ZONING DISTRICTS TO THE COMMERCIAL PLANNED UNIT DEVELOPMENT "CPUD" ZONING DISTRICT TO BE KNOWN AS CAMBRIDGE SQUARE CPUD, AND OFFICE AND RETAIL DEVELOPMENT CONSISTING OF A MAXIMUM OF 80,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT AND 35,000 SQUARE FEET OF OFFICE USES LOCATED ON APPROXIMATELY 16.1 ACRES, ON THE NORTHEAST CORNER OF THE INTERSECTION OF PINE RIDGE ROAD (CR 896) AND LIVINGSTON ROAD, IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA - ADOPTED MR. MUDD: Commissioner, that brings us to item 8A. That used to be 17B. And that item reads, this item also requires that all Page 113 January 10, 2006 participants be sworn in and ex parte disclosure be provided by commission members. It's PUDZ-AR-5431, C&R Realty of Richmond, Inc., represented by Robert L. Duane of Hole Montes, Inc., and R. Bruce Anderson of Roetzel and Andress is requesting a rezone from estates liE" and planned unit development PUD zoning districts to the commercial planned unit development, CPUD zoning district to be known as Cambridge Square, CPUD, an office and retail development consisting of a maximum of 80,000 square feet of commercial development and 35,000 square feet of office uses located on approximately 16.1 acres on the northeast comer of the intersection of Pine Ridge Road, which is County Road 896, and Livingston Road, in Section 7, Township 49 south, Range 26 east, Collier County, Florida. COMMISSIONER COYLE: Could we get that overhead off so we don't confuse the public? MR. MUDD: Yes, sir. COMMISSIONER COYLE: Thank you. CHAIRMAN HALAS: Okay. We need disclosures from the county commissioners, starting with Commissioner Coyle. COMMISSIONER COYLE: I have no disclosures. CHAIRMAN HALAS: Okay. Commissioner Coletta? COMMISSIONER COLETTA: I talked to staff about this. CHAIRMAN HALAS: Okay. I don't have any disclosures to make on this -- or ex parte on this particular item, 17B. Commissioner COMMISSIONER FIALA: No disclosures. CHAIRMAN HALAS: Commissioner Henning? COMMISSIONER HENNING: I spoke to commissioner -- or I'm sorry -- COMMISSIONER COLETTA: Good morning. COMMISSIONER FIALA: Commissioner Anderson? COMMISSIONER HENNING: -- Bruce Anderson and some Page 114 January 10, 2006 residents in Livingston Woods and the planning commission. CHAIRMAN HALAS: Okay. All those that are going to be giving testimony in this, would you please rise to be sworn in. (The speakers were duly sworn.) CHAIRMAN HALAS: Okay. Would the petitioner please state his case here? COMMISSIONER COLETTA: Well, if I may, maybe, to be able to help move this along just a little bit because I'm the one that pulled it. CHAIRMAN HALAS: You brought all these people in over lunch. COMMISSIONER COLETTA: I know, but they're getting paid by the hour so they can thank us later. CHAIRMAN HALAS: Okay. COMMISSIONER COLETTA: The reason I pulled it is because my concern with the connectivity, the lack of it. The fact that, once again, we eliminated something that serves a public benefit based upon what someone wants at this point in time. I tried to come to some sort of understanding at the beginning of the meeting, but someone suggested that I pull it to get a discussion going, and I'm more than willing to sit through the whole presentation. I've read it with great detail. If no other commissioners have any concern over the connectivity, I'm more than willing to let this pass, but I do have concerns, and I didn't want this to become something where someone would use it for a benchmark in the future saying, well, why should we have connectivity when this particular PUD was approved without it. CHAIRMAN HALAS: Well, my question is, I would think that this would have been addressed in planning commission. Did this come up in the planning commission as a question? And, Bruce, maybe you can give us a quick answer on this. Page 115 January 10,2006 MR. ANDERSON: Yes, it did come up. A bit of history on interconnection here. The comprehensive plan states with regard to this property that there shall be no access onto Livingston Woods Lane. And when this PUD application was filed, my recollection is that the applicant was asked by the transportation division to consider an interconnect that would allow people to drive into this commercial property from Livingston Woods Lane, but not to exit back out to Livingston Woods Lane. When we brought that up at the neighborhood information meeting, that was not well received, that's putting it mildly. And so we told them at the neighborhood meeting that the applicant would not request that. We can't do anything to stop county transportation. They have a mind of their own. And if they wanted to pursue that, that was certainly their right, but the applicant was not going to ask for it, so we took that off. Then at the planning commission, we were asked to consider about a pedestrian interconnect. And based on the reaction that we had received at the neighborhood meeting and my prior history in dealing with rezone projects along this corridor, I offered up that I did not think that the residents would want a pedestrian interconnect either, because I remembered very vividly from the Racetrac rezone hearings that there was concern about transients from the interstate getting onto Livingston Woods Lane and facilitating that with any kind of an openIng. And so I simply responded to the planning commission that I didn't think the residents favored a pedestrian interconnect either, and that's the whole story on the interconnection issue. CHAIRMAN HALAS: Commissioner Henning, do you have a question? COMMISSIONER HENNING: I would like to go to the viewer to show the board something out of our growth management plan. Page 116 January 10,2006 CHAIRMAN HALAS: Okay. COMMISSIONER HENNING: This Board of Commissioners adopted this language during the Golden Gate Area Master Plan restudy that we appointed citizens to it. It wasn't a previous board. This board did it. So, you know, why are we visiting this issue? It clearly states, no interconnectivity. CHAIRMAN HALAS: Thank you. Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you. Yes, two questions. First one, is this what, at one time, where we were going to put that park? MR. ANDERSON: No. COMMISSIONER FIALA: Oh, okay, fine. Say, for instance, it's built and it has some stores in there that -- sayan ice cream store for instance, and the neighborhood would really like to take a walk over there, is there a way in the future of maybe just giving a pedestrian access to it, you know, like with a little gate or something like that that -- just for the Livingston Woods people? I mean, even though right now we're not doing it and the land development code says no, if they felt that they wanted to have access to it rather than getting out in the street, especially if they're taking a family walk or something, would that be possible? MR. GATES: For the record, Todd Gates, I'm the developer and contractor. And I apologize. I didn't bring any pretty pictures with me because we were on the consent agenda this morning. So I get a call from Bruce and say, you may want to come down here, so I cancelled my afternoon and came down here. Just a little history. I wish I had all the pictures and the site plans. But we originally had planned on having access to the community because we thought it was a good thing to ride bicycles to get ice cream, to buy yogurt, to go to the dry cleaners, to whatever neighborhood centers are there for. We also showed egress in, not egress going out, for the very Page 11 7 January 10, 2006 reason to keep the traffic out of the neighborhood. So from a pure planning standpoint, it made sense for it to be there. From a -- probably a practical standpoint, it made sense to be there, and we're more than willing to put it there. My problem is that every time we made a presentation, we about got lynched from the neighborhood, and I'm not exaggerating. And so basically what I said was, if the neighborhood -- if it's the will of the neighborhood -- and I'm talking, the entire neighborhood does not want any traffic there coming in, going out. And we even went to plan B, well, what about if someone wants to ride a bicycle and just a little connection. They said, no, absolutely not. And we about got thrown out of the room on that, so -- COMMISSIONER FIALA: But my question was -- I'm sorry to interrupt you. MR. GATES: Sure. COMMISSIONER FIALA: But just to move this along. In two years when the neighborhood -- if the neighborhood ever said, gee, you know what, I wish we had a way to walk in there, is there a way to have some kind of an opening that they could if the -- the opportunity -- say, for instance, the neighborhood took up a bunch of petitions and said, now we'd like to get in there, there is a way to get in there if -- you could make one? MR. GATES: We could easily put a gate in to be-- COMMISSIONER FIALA: Yeah. MR. GATES: From a practical point, we could easily put a gate in with a lock on it. I don't know who would control that because it's a -- I guess the civic association could control it. COMMISSIONER FIALA: Yeah. MR. GATES: But again, we are more than willing -- in fact, we had wanted to do that because we thought it was the right thing to do. But, again, I guess the technical aspect of it got set aside when the lynching started. Page 118 January 10,2006 COMMISSIONER FIALA: Sometimes people, you know, ask for something, and then later on they find out that maybe they didn't want it after all -- MR. GATES: One of the things-- COMMISSIONER FIALA: -- and what I want to do is just make some kind of provision knowing -- you know, we do want to bow to the neighborhood's will, but-- CHAIRMAN HALAS: Commissioner Fiala, I would think that that would be an option for the neighborhood. And I would think that they could go to the developer. COMMISSIONER FIALA: I just wanted to make sure it could be done. CHAIRMAN HALAS: Well-- MR. GATES: Yes, ma'am, it can be done. And just for the public record, I made a promise on two separate occasions that I would not push the egress, both pedestrian as well as automotive. So for the public record, the developer is not pushing this issue. If you want something done, and we certainly would be glad to do that. But this neighborhood's pretty vocal. COMMISSIONER COYLE: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN HALAS: Commissioner Coletta? COMMISSIONER COLETTA: Well, I was going to ask Ms. Student if she would -- the document that Henning, Commissioner Henning, put up, is that limiting us by what we can do as far as our action goes? I would like your-- MS. STUDENT-STIRLING: Okay, thank you. The language that was placed on the visualizer for the Pine Ridge Road mixed sub -- use district where this property's located is that there shall be no access onto Livingston Woods Lane. Now, it says, no access. It doesn't say no vehicular access or no pedestrian access. So there's ambiguity there. Page 119 January 10, 2006 When we construe statutes under the case law, we try to look to the plain meaning of the law. But where there's an ambiguity, then the law tells us that we have to look to what the legislative intent is. So it would be up to you as a board to make the determination as to whether it was your intent to limit it to pedestrian and vehicular access or to just limit it to no vehicular access. And so it goes back to the intent. MR. GATES: But, Commissioners, may I say a quick comment? CHAIRMAN HALAS: Yeah. MR. GATES: There was a gentleman here representing the neighborhood at the planning commission, and I believe Chairman Strain offered that same mediation, if you will. And his name was Mr. Morgan, Reed Morgan was here and lives in the neighborhood. And he represented that he was representing the neighborhood and said he would not even agree to that, so, just, I mean -- COMMISSIONER COLETTA: I just think that it's an opportunity where we could have had some, not only interconnect here, but it's going to be extremely difficult -- MR. GATES: I agree. COMMISSIONER COLETTA: -- the next one that comes down through here and they say, we don't want an interconnect. And pretty soon we're going to be boxing everybody in to the point where we don't have that grid, we don't have any ability for people to have user-friendly streets. It becomes more and more difficult. I mean, to get to this particular plaza, it's going to require them to exit all the way out, around, drive around, go into it and come back out again. What about the young people that might like to get to it on a bicycle to take advantage of what's there? I'm -- just a real concern. I just wanted to share it with my fellow commissioners. MR. GATES: I 100 percent agree. From a development standpoint, we thought it needed to be there. Staff had very good Page 120 January 10, 2006 reasons for it to be there. DOT had very good reasons it needed to be there, but the, again, the neighborhood did not want it there, so -- CHAIRMAN HALAS: I think that's an option that the neighborhood, if they find out, that I believe that Mr. McVey (sic) there would probably work with the -- with the neighborhood if they decided that they would like to have an ingress and egress out of there. COMMISSIONER COLETTA: I hear you. CHAIRMAN HALAS: I understand where you're coming from. We're only dealing with this particular one. But what you're trying to convey is, what about other things? And I think that's for another time, another discussion. COMMISSIONER FIALA: Yeah, but the other things aren't in the LDC where it says no access. COMMISSIONER COLETTA: That's fine. I do appreciate the time of this commission. CHAIRMAN HALAS: Okay. Is there any public speakers on this? MS. FILSON: No, sir. CHAIRMAN HALAS: Okay. Commissioner Henning? COMMISSIONER HENNING: Well, I just want to correct the misunderstanding. There is pedestrian access to this piece of property. And, you know, this property borders Livingston Woods highway, Livingston Road and Pine Ridge. There's a sidewalk on both sides, and that sidewalk is access to the community. So I don't believe that statement is true. If people want to get there by bicycle or foot, they can. MR. GATES: But one clarification, Heidi just reminded me. Mr. Morgan did not say he was representing the neighborhood. He said that -- what did he say, Heidi? It's in public record. MS. WILLIAMS: I believe essentially -- Heidi Williams, for the record -- his comment was that he personally was okay with the pedestrian interconnection, but that he could not speak for the entire Page 121 January 10, 2006 neighborhood, but he personally found that to be acceptable. MR. GATES: And what he was alluding to basically -- and I know Mr. Morgan very well -- is that he had been at all the other meetings and knew what the comments were going to be from the neighborhood, so -- CHAIRMAN HALAS: Okay. At this time I'll close the public hearing. Is there any further discussion by the board on this matter? (No response.) CHAIRMAN HALAS: Ifnot, I need a motion. COMMISSIONER COYLE: You've got a motion and a second by Commissioner Fiala. CHAIRMAN HALAS: Do we? Okay. I'm sorry. Do we have clarification on the motion? If not, could someone read it back to us? COMMISSIONER HENNING: It was a motion to approve. MR. WEIGEL: The motion was a motion to approve with a second. CHAIRMAN HALAS: All right. COMMISSIONER FIALA: As written. CHAIRMAN HALAS: All those in favor, say aye. COMMISSIONER COYLE: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Those opposed -- COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: -- same sign, okay. Passes 4-1 with Commissioner Coletta not in favor of the motion. Item #10D Page 122 January 10, 2006 RECOMMENDATION TO APPROVE AWARD OF BID 06-3922 IN THE AMOUNT OF $1,237,040 FOR PUMP STATIONS 109 AND 113 IMPROVEMENTS TO DOUGLAS N. HIGGINS INC. PROJECT 73945 - APPROVED MR. MUDD: Commissioner, that brings us to our next item on the agenda, and that's number 10D, and that is a recommendation to approve an award of a bid, 06-3922, in the amount of $1,237,040, for pump stations 109 and 113 improvements, to Douglas N. Higgins, Inc. project 73945. And Ms. Sandy Sridhar will present. She's a senior project manager over at public utilities. MS. SRIDHAR: For the record, I'm Sandy Sridhar, a project manager -- project manager, public utilities engineering. This project is about the replacing higher capacity pumps and electrical panels. I have a slide presentation for you, to make, if you have any questions. COMMISSIONER COYLE: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN HALAS: All those in favor? COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: All those opposed? (N 0 response.) CHAIRMAN HALAS: Motion carries unanimously. MS. SRIDHAR: Thank you. COMMISSIONER FIALA: Great presentation, Sandy. CHAIRMAN HALAS: Thank you. Item #10E Page 123 January 10,2006 RECOMMENDATION TO APPROVE A $4,500,000 INCREASE TO PURCHASE ORDER NUMBER 4500055195, ISSUED TO SOLID RESOURCES, INC., FOR HURRICANE DEBRIS REMOV AL MONITORING WORK, FROM AN INITIAL EMERGENCY ESTIMATE OF $500,000. - APPROVED MR. MUDD: Commissioner, the next item is number 10E, and that's old 16C1, and that was moved at Commissioner Coletta's request. That is a recommendation to approve a $4,500,000 increase to purchase order number 4500055195, issued to Solid Resources, Inc., for hurricane debris removal monitoring work from an initial emergency estimate of $500,000 to the budgeted amount of $5 million. And Mr. Tom Wides, your Director of Public Utilities Operations, will present. CHAIRMAN HALAS: Tom, before you go, maybe Mr. Coletta here, Commissioner Coletta can ask the question that he's concerned about. COMMISSIONER COLETTA: Well, to be honest with you, I had no concerns. I thought it was well written, but a member of the public has raised concerns, and I wanted to give him that opportunity to be able to ask the questions and you could answer them. And if you would be so kind to call up the public speaker. CHAIRMAN HALAS: Would the speaker please -- public speaker please come forward there. Thank you, Robert. MR. KRASOWSKI: Good afternoon, Commissioners. Thank you very much, Commissioner Coletta, for respecting my request that this be moved off the consent agenda. I appreciate your -- this from you, and I think you're developing a Page 124 January 10, 2006 political persona that is indicating you to be a wise man. And you are the personification of the reason that term limits are a very bad idea. You're just starting to get to know what you're doing, and term limits would limit you, but you can go on. COMMISSIONER COLETTA: I want you to know I didn't pay this man a nickel to say what he just said. CHAIRMAN HALAS: I don't believe you. COMMISSIONER FIALA: But it's worth a fortune. MR. KRASOWSKI: But now, wait, you're cutting into my time. CHAIRMAN HALAS: Three minutes. MR. KRASOWSKI: Oh, three. Well, look, here. Let me get right to the point then. We -- I, Bob Krasowski, with the Zero Waste, Collier County Group, have been following this issue as a peripheral issue to reasonable expenditures on waste management on its resource material management, and I see here that this total amount of $5 million has been -- is going to be moved into a certain account to pay off solid resources. Now, I think it's incredibly amazing that the estimate of $5 million was made for the monitoring of the removal of these horticultural materials, and we've come back to actually hit $5 million on the head. Like it's not $4,999,994.50, but exactly $5 million. So with this nice executive summary, I'd like to see the exact amount, whether we went under a little bit or over a little bit or if we're just giving him five million. MR. MUDD: Bob? MR. KRASOWSKI: Yes. MR. MUDD: This was for clarification for the clerk's purposes because -- MR. KRASOWSKI: Okay. MR. MUDD: -- because the original item, when we said we needed $31 million, five for the monitoring, 25 for the pickup, and there was one million that had a series of different categories to it, Page 125 January 10, 2006 they needed some defined, because at that time they only talked about needing $500,000 of that 5 million. So they needed some specificity from the board, some clarification to get it to $5 million. I believe the monitoring bill is going to be over $7 million from the figures that I've seen already, okay, and we're not done tallying it yet. MR. KRASOWSKI: Well, that's great, and that does answer one of my questions. And as an interested citizen and on behalf of the other people in this community that are interested in this issue, I'd like to see this, as you have put it, on the regular agenda so we can know that the $5 million is not the total actually, which often happens, where you get more amount factored in later on, and I'm very interested to know that amount, because as I've mentioned before, we're interested to analyze and -- whether or not -- what number expenditures in purchasing land to where this horticultural waste could have been diverted for a period prior to being moved out of town would have been a better way to go. Years ago the Zero Waste, Collier County Group, and the county performed -- watched the county do a program -- and if I could go on just a little bit to make up for the time that was involved by Mr. Mudd's comments -- where we evaluated horticultural composting operation with R&D Soil Builders. If we would have pre -- this has been preplanned to some degree, and I respect that, but if we had done more preplanning, maybe we could have gotten this job done for less than 40 -- 31 million, but it's expected to go on to $40 million. CHAIRMAN HALAS: Bob, I appreciate your time. I thank you very much. MR. KRASOWSKI: Okay. I'm not done, but that's fine. CHAIRMAN HALAS: Okay. Your time is up though, sir. MR. KRASOWSKI: Yes, it is, and thank you very much. CHAIRMAN HALAS: You're welcome. COMMISSIONER FIALA: Motion to approve. COMMISSIONER COLETTA: Second. Page 126 January 10, 2006 CHAIRMAN HALAS: All those in favor? COMMISSIONER COYLE: (Absent.) COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Those opposed? (N 0 response.) CHAIRMAN HALAS: Carries 4-0, with Commissioner Coyle out of the room at the present time. Item #10F REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS TO BOARD-APPROVED CONTRACTS-APPROVED MR. MUDD: Commissioners, that brings us to item 10F, and that is -- was old 16E6. That item was asked to be moved to the regular agenda by Commissioner Henning. And that is the report and ratify staff approved change orders and changes to work orders to board-approved contracts, and I believe Mr. Steve Carnell is in charge of putting that report together, and he's here to answer any questions that Commissioner Henning has. CHAIRMAN HALAS: Commissioner Henning, do you have -- did you have -- COMMISSIONER HENNING: Well, this is -- this is an item to where there are many change orders on here. And looking at them, you know, over a period of time, there's been numerous change orders, two particular -- and I'm going to approve it, I'm going to make a motion to approve. Two particular change orders was initiated because it didn't fit Page 127 January 10, 2006 somebody's needs. And that's well and good except for there's -- there is a process to where any construction of facilities, the user has the ability to have input. Now, the one on here is like a quarter of a million dollars. Now, my belief is, we need to tighten up these change orders and say, you know, enough is enough. You had your input. The other one is actually doubling the contract of what we understood these -- on the Copeland restudy. I would just like to see these -- these issues tighten up on more so they can't be any change orders, less change orders. I think everybody needs to understand there are certain circumstances, unforeseen circumstances, but, you know, when you get somebody's input on a project, the user, and then he changes his mind, oh, I made a mistake, well, that costs the taxpayers, and we've got to stop this. And I don't know if anybody else has a concern other than myself. CHAIRMAN HALAS: I have a concern on our cost overruns, but sometimes -- what I would like is that when we have large cost overruns that they are brought before the board prior to maybe approving so we have an idea of what's really happening, and I don't think that would be that difficult. COMMISSIONER HENNING: Well, right now they have an opportunity of 10 percent or -- 10 percent of the total contract that could be changed or up to 25,000, am I correct? MR. CARNELL: For the record, Steve Carnell, Purchasing Director. Your change order policy is 10 percent at this point of the current board approved amount. And of course, we report all the interim changes to you in this report each month. So we have a combination of oversight and authority. COMMISSIONER HENNING: It's just 10 percent? MR. CARNELL: Yes, sir. Page 128 January 10, 2006 COMMISSIONER HENNING: Well, there's some are on here that's more than 10 percent. The Copeland one. It doubled, right? MR. CARNELL: Oh, yes, and that's because that is under the board approved threshold for that work order category. Those are $90,000 work orders. COMMISSIONER HENNING: Okay. And the threshold is 25,000. MR. CARNELL: No, no. No, sir. For those particular types of work orders, the board gives staff authority to approve the work orders up to $90,000. These are contracts the board has already approved in general. In this particular instance, I believe you're referring to work order that went from $20,000 roughly to about $44,000. COMMISSIONER HENNING: Correct. MR. CARNELL: And that particular item was discussed with the board on November the 15th as a separate agenda item by your community development staff, and there was some discussion. I believe the estimate of the total work -- we're talking -- for the public's sake, we're talking about a work order regarding rezoning work in the Copeland area. And the original intent of that -- and, again, Mr. Giblin or Mr. Schmitt can give you more detail if you need it. But in general, the task there was to look at making some zoning changes in the Copeland area to allow the residents some more flexibility to develop and use their property. It started out as a smaller scope, being the southern portion of that area. And in discussions with the citizens down there, the scope expanded. It determined the whole Copeland area needed to be dealt with, and it requires an environmental study, a physical review of the inventory area, in other words, if you will, as part of making that rezone effort. So the expansion of the area had a direct dollar impact on the Page 129 January 10, 2006 work the consultant was doing, and that's why it grew. I believe the staff gave you an estimate on November the 15th of $68,000 for the work. COMMISSIONER HENNING: Well, if I missed that, I apologize. But just overall, I think that these change orders needs to be tightened up a bit. CHAIRMAN HALAS: Well, I think what we did is -- originally, I believe I was sitting on the dais up here at that time, and every change order that was coming forward, we were going to have to approve, and I felt that -- I think all of us felt that we needed to give that responsibility back to the group. And I -- now I remember where that particular item that you're talking about, where the change order came back twice the amount. I remember us discussing that particular item. So I believe there is due diligence on the part of staff, and I don't believe that they're out of bounds at this point in time. And I feel that we should empower staff to continue at the 10 percent and whatever else that we put forward on that. I don't think there's any -- I know that the Clerk of Courts had a particular concern, but I think that was addressed. And I believe that the county manager has also taken the initiative to have other areas of concerns tightened up. Commissioner Fiala? COMMISSIONER FIALA: Yeah, just a question. So say, for instance, you have contract A, and then you found that some things have changed and you needed a change order but it was under 10 percent and you approved it, and then about two months later, another thing came through and you needed another change order, but it still was under 10 percent. So can you approve that, and then the next one and the next one? If each one is under the 10 percent, even if you have seven change orders, can you do that? MR. CARNELL: Yes and no, depending on the numbers. The Page 130 January 10, 2006 simple answer is, you operate within 10 percent of the board-approved amount with staff discretion. When you exceed that 10 percent cumulatively, then you need to come back to the board on a separate executive summary. Everything that's within that cumulative range is reported on this report, so the board sees everything one way or the other. CHAIRMAN HALAS: Yes. MR. CARNELL: But as the chairman pointed out, you are empowering the staff to act on the things that fall within that 10 percent cumulative range to enable work to move forward. COMMISSIONER FIALA: Oh, great. That's a good question. MR. MUDD: And ma'am, just so you know, in the one item that Commissioner Henning brought up -- COMMISSIONER HENNING: You don't have to mention any names. MR. MUDD: I won't mention any names either. I will-- I will get with staff and all concerned parties to make sure that when we have a building that's designated, that's the government building, the north government building that's going to have offices for not only county staff, but constitutional officers and things like that, I will get with them when we go through -- if we do another one, and I know we will do another one in the future -- to make sure that they know exactly what functions they're going to perform in that particular government center, okay, and I will get them to also give me that in writing, okay, so that I have it down pat exactly what they wanted to do. And if they decide they want to change that, they will take it out of their budgets instead of the facilities side, because we've already designed the building in order to do that. I believe that the change that was asked for was one that was unanticipated at the time that we had the conceptual idea of the north government center. We never knew how successful, for instance, Page 131 January 10,2006 drivers -- driver's license issuing was going to be in Collier County because we hadn't taken that over as a function, and it has turned out to be a booming success. And so to make sure that we had that opportunity in the north government building in order to do that particular function, we had to adjust the utilization of the ground floor in order to make that happen, and that's basically the process. And we'll work through that and we'll be more diligent with that in the future. COMMISSIONER FIALA: That's reassuring. One last question. So if the project is $85 million, and 10 percent of that would be $8.5 million, so in other words, staff could approve anything under 8 million -- $8.5 million, right? Maybe -- you know, Commissioner Henning has a good point and maybe there's a certain price limitation or amount limitation that should be -- should be determined and then, you know, if it's over that, even though it is within the 10 percent, maybe just bring it back to us just so that we know that there's a huge amount being approved. Would that be something that you feel would be okay? COMMISSIONER HENNING: I totally agree -- agree with that. I mean, the 10 percent on millions of dollars can be a heck of a lot. COMMISSIONER FIALA: Yeah. COMMISSIONER HENNING: But I think the board -- I'm going to ask the Clerk of Court to provide us the amount of money of change orders going up. Now there's -- some are going down. There are some are, to be fair, like the North Naples Regional Park, $10 million have -- coming down from the original estimate. And -- but, you know, the up ones, the ones that keep on creeping up is what I'm concerned about. So let me do that. But I totally agree with you, there should be some kind of a threshold of a project that is within a certain parameter, needs to come back to the board. CHAIRMAN HALAS: Okay. Further discussion? COMMISSIONER COLETTA: Motion for approval. Page 132 January 10,2006 COMMISSIONER HENNING: Oh, I'm sorry. I'll second the motion. CHAIRMAN HALAS: All right. Thank you. Motion to approve by Commissioner Coletta, seconded by Commissioner Henning. All those in favor, please signify by aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: All those opposed, like sign? Motion carrIes. Item #10G RECOMMENDATION TO APPROVE CHANGE ORDER NUMBER TWO EXHIBIT E IN THE AMOUNT OF $232,608.59 UNDER CONTRACT NUMBER 04-3709, CONSTRUCTION OF EMERGENCY MEDICAL SERVICES (EMS) FACILITY 19 WITH BROOKS AND FREUND, LLC - APPROVED MR. MUDD: The next item is item number lOG, and that used to be item 16E7. That was asked to be brought to the regular agenda by Commissioner Henning. And that item reads, a recommendation to approve a change order number 2, Exhibit E, in the amount of $232,608.59 under contract number 04-3709, construction of the Emergency Medical Services facility, number 19, with Brooks and Freund, LCC. And Mr. Peter Hayden, project manager from your facilities director, will present. CHAIRMAN HALAS: Commissioner Henning, would you like Page 133 January 10,2006 to state what your concerns are? COMMISSIONER HENNING: Sure. CHAIRMAN HALAS: Before we go into this, so that maybe we can expedite this. COMMISSIONER HENNING: The changes, it was said, because the material prices and labor prices increased, and further states that the building permits were submitted in January of'05 and wasn't approved until October 17th, and in the meantime, those prices have gone up. And that's the justification for it? MR. HAYDEN: Peter Hayden, Senior Project Manager, Facilities Management, for the record. Yeah. This project was -- initially the SD approved was back in May of '04, and by the time it was bid out, a contract was awarded to Brooks and Freund in December of '04, and we immediately went into the building permit process. Initially, the building -- yeah, the building permit was submitted initially on January 25th, '05. And if you notice, it wasn't resubmitted again until about four and a half months later. And what happened over that time period, out of the first review it was noticed that -- actually the fire code officials reviewed the plans, and in their opinion, deemed that the building needed a fire sprinkler system. So during that four-and-a-half-month period, we looked at other alternatives to -- whether or not we were going to -- we priced out a fire sprinkler system and also we priced out additional egress and looked at both options. It took us months to go through the different pricing. We came to the conclusion that the sprinkler system was the way to go, so we had to reprice it with Brooks and Freund. And also there was a change order in process in May, and by the time we got everything back together, we went into permitting back in July, and after July, you know, it moved right along back and forth every couple of weeks, and then we ultimately got the final approval in October. Page 134 January 10, 2006 And the project was originally bid out with Brooks and Freund August of '04. So it just -- that time, from August of '04 till the final permit, you know, prices had gone up tremendously. And we worked with purchasing just to try to save money, because ultimately we didn't want to have to rebid the project. The contractor was having difficulty with some of his subcontractors wanting to do the job. So we worked with them and their subcontractors from September up until now basically . We've been working on this for months trying to get back and forth negotiating just to get this back to the commissioners to get the project going and get it built. COMMISSIONER HENNING: Well, the contract states that they're responsible for getting the permits, right? MR. HAYDEN: That's correct. COMMISSIONER HENNING: Okay. So-- MR. HAYDEN: But the way the permitting process is, even though they're the avenue of where the permitting goes through, the design, the architect of records, if there is a change to those plans, the architect has to come back with whatever changes, has to come back with the design, that takes time, and then it's funneled back through the building contractor. COMMISSIONER HENNING: Well, I reviewed the permitting thing, and there were several issues on there. MR. HAYDEN: If I could go -- COMMISSIONER HENNING: Bottom line is, it's kind of saying that the building department was holding up the project. MR. HAYDEN: I didn't say the building permit process, I didn't necessarily say the building, you know, department themselves. COMMISSIONER HENNING: Permitting process. MR. HAYDEN: Permitting process. It's a difficult one. And, you know, we're challenged with that, and-- CHAIRMAN HALAS: This was a fire code issue, wasn't it? Page 135 January 10, 2006 MR. HAYDEN: Well, initially it started -- MR. MUDD: Peter, let me add another thing. You know, this also is the Bembridge PUD -- CHAIRMAN HALAS: Oh, okay. MR. MUDD: -- which this board helped us with for about three to four months with community input, okay, on where you're going to put the emergency services center, and is it going to be in the back, is it going to be in the front, where does that fit with an EMS station that's going on in that particular juncture. So part of staffs dilemma at the time that the board was bantering about with this PUD is, how heavy do you want us to go into locking this thing down in a particular location when people are talking about it moving up, moving down, spreading out, pushing it in the back -- the back of the platted area that we had. So you add that to it, and if you -- CHAIRMAN HALAS: So we were our own worst enemy? COMMISSIONER HENNING: That's not true. MR. MUDD: I'm not blaming it all on everybody. I believe there's a series of ingredients in this particular area that added to the delay. COMMISSIONER HENNING: Commissioner, that is not a true statement. They submitted the permits, and I have it right in front of me, 1/25/05. It was rejected, okay? They resubmitted to 7/12. Let me tell you the time line of the Cambridge -- Bembridge PUD. We first heard it on May 24th, okay? The final action was on July 27th. They resubmitted before we made a final determination, so that wasn't a factor. MR. MUDD: Commissioner, with staff, as we sat through that particular issue, I was asked lots of times by staff how far we wanted to push this time line because of the concerns that we had with the Bembridge PUD. COMMISSIONER HENNING: Mr. Schmitt, do you have -- do Page 136 January 10, 2006 you have the timeline? And-- MR. MUDD: Well, I have it right here, sir. First review was 1/25/05, reviews completed, rejection notice out, 2/25/05, one month. Second review submitted on 7/12/05, reviews completed, rejection notice out on 7/28/05. COMMISSIONER HENNING: When is 7/12? That's July 12th, right? MR. MUDD: Yes, sir. COMMISSIONER HENNING: We took final action on July 26th. We took final action on that EMS and that EOC on July 27th. So it didn't slow them down, they just kept on moving on. The second -- when is a contract a contract? MR. HAYDEN: Commissioner, just one correction, just -- that July meeting we talked about the EOC moving to another site, but we came back to the board in September for our final approval to go to that site. So didn't get final approval to go to the stock Lely site until September 13th. COMMISSIONER HENNING: It came back in July. It's on the minutes. MR. HAYDEN: Right. And we had a motion to continue to go back and get our agreements in place, Woodstock agreement, before we could officially have the approval on September -- COMMISSIONER HENNING: Even the permit timeline, you kept on moving forward. So I can't see where that's an issue. But it says in the contract, the county is not responsible for any interruption whatsoever. So when's a contract a contract? When is an agreement an agreement? CHAIRMAN HALAS: County Attorney, can -- where's the county attorney at? Can you assist us here? Obviously you're involved in these contracts, so maybe we can get some clarification on this. MR. WEIGEL: Thank you. Could you repeat the question, Page 137 January 10, 2006 please? CHAIRMAN HALAS: Commissioner Henning, go ahead. You repeat your concerns here so that we can -- COMMISSIONER HENNING: Well, it's actually to the Board of Commissioners. CHAIRMAN HALAS: Right. But I think we need -- COMMISSIONER HENNING: We all have these contracts -- and I'll give it to the county attorney. But David, it says in several places, the county shall not -- in no way be liable for interruption or delay of project for defects or problems within the project, any additional cost increase related to delays, defects and county furnished materials, except where the county is grossly negligent. But it also states, no interruption or interference of inefficiency, suspension, or delay of commencement of the progression of the work from any cause whatsoever, included those from which owner may be responsible, in whole or in part, shall relieve the contractor from the duty to perform or giving rise to any rights of damage and additional compensation from the owner. MR. WEIGEL: Yes. CHAIRMAN HALAS: So Commissioner, are you saying that we sign a contract, and for some unforeseen reasons, the cost for doing business for the contractor goes up, that the contractor doesn't have the vehicle in which to address this concern to address his costs increase; is that what you're saying? COMMISSIONER HENNING: Yeah. There is a vehicle. It's right on our consent agenda, and that's why I pulled it off, because the agreement says, we're not liable for any of that. So I'm saying, you know -- I mean, it's -- it's going from less than a million dollars, and adding on more than a quarter of a million dollars, and we're not responsible for that. So when is an agreement an agreement? CHAIRMAN HALAS: Does that give you some idea which way Page 138 January 10, 2006 we're going here, County Attorney, so we can get some clarification on this? MR. WEIGEL: Yes, sir, it does. Yes, sir, Mr. Chairman. And as you can see, these contracts are prepared and worded to protect the county from inadvertence, from chicanery or other issues that may enter into the contract process and try to give the board, the taxpayers, the staff that administers these, a security that the bid given and awarded and the operational measures of the contract are firm and in place and clearly understandable. Essentially changes in the appropriateness of payment to be paid by the county to contractors is to be based upon, as we noted, either a gross -- grossly negligent action by the county, which is a very high standard, or a very low standard, if you want to call it, of operation, to create that kind of potential liability . And additionally, if there is a scope change, that which has not been previously included in the concept and the bidding and the response of the contract in the first place. And that's typically the parameters that lend themselves to limit and also allow for a potential change in the original contract award price, is if there's been a change in scope and it's not mere negligence or sloppiness on behalf of the contractor in their bidding, inadvertence, omission, but based upon material differences that were not conceived by either party. Sometimes that -- sometimes that occurs in the specifications that are prepared in the first place upon which a bid is created and submitted. Sometimes it's based upon site conditions, which are extraordinarily different than what exists -- was thought to exist initially. More often than not we found that to be in the areas of utility issues. Notwithstanding what I just said though, we typically have language in our agreements relating to site conditions to put the contractor, the potential contractors, on notice that these are their responsibilities. Occasionally we do find things that are so Page 139 January 10, 2006 extraordinary that fairness would dictate something different. I hope I've answered some of your question. COMMISSIONER HENNING: Well, I can't consciously -- as a steward of the taxpayers' money, I can't consciously vote in favor of this change order because the scope hasn't changed, there was not the -- nothing underground, hidden away in vaults or anything. I think we progressed fine. So if somebody wants to make a motion to approve, I can't support it, and I apologize. CHAIRMAN HALAS: I make a motion for approval. COMMISSIONER COLETTA: Second. CHAIRMAN HALAS: All those in favor? COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HALAS: All those opposed? COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Motion carries, 4-1, with Commissioner Henning -- MR. HAYDEN: Thank you. CHAIRMAN HALAS: -- not approving it. CHAIRMAN HALAS: Is our next- Item #11 PUBLIC COMMENTS ON GENERAL TOPICS MR. MUDD: This item is public comments on general topics. We've finished the regular agenda. Mrs. Filson, do we have any speakers? MS. FILSON: We do. We have two public speakers -- two speakers under public comment. The first being Bob Krasowski. He'll Page 140 January 10, 2006 be followed by Kenneth Thompson. MR. KRASOWSKI: Hello, Commissioners. Bob Krasowski, again, with the Zero Waste, Collier County Group. There's another issue of operation in government, local government, that has piqued my interest and been a point of discussion amongst our group, and that is the way the bid process is operated on many of these jobs and contracts -- contracts. I'd like to mention that the third place -- the people who tied for third place in response to the RFP for the monitoring horticultural waste, which was solid resources, were the ones that actually got this bid that's going to be $7 and a half million or so, whatever. And you might remember solid resources. We -- the Zero Waste, Collier County Group, brought them here as part of the Zero Waste workshop design charette in 2002. We invited them because they were affiliated with Gary Liss, who is the person in California that we thought was a real good lead for Zero Waste strategies in Collier County. Well, that was 2003. In looking over the documentation provided by Solid Resources, we see that in 2004, they partnered with Malcolm Pirnie, so that's the end of their independence of -- as far as providing Zero Waste strategies for Collier County as far as we're concerned, because we were looking for an outside perspective not involving Malcolm Pirnie, you know, a different point of view and stuff. So I just want to bring this forward. It's of interest to us. I think other people in the community should know about this. And then the -- another thing I want to say is that we've been at this for many, many years, and I want to say to Colonel Coyle, Colonel Mudd, and Colonel DeLony, well, we are not the enemy. We are citizens in this community that share a different point of view, have different priorities and different values when it comes to approaching solutions or situations that develop, and we don't see things the same way a lot, although we interact and talk. And I'm not Page 141 January 10,2006 saying what they do totally is entirely bad or wrong. But we do benefit, and I believe we all benefit when there is transparency and notification and an ongoing dialogue, and nothing kind of off to the side or hidden or out of the way, intentionally or otherwise. I think we have to make an effort, both -- all of us, to exchange ideas and know what -- know what's happening and going on. So I just want to bring that stuff up. And I also, in closing, would like to thank Commissioner Coyle for his service as chairman, past year, even though I don't agree with him on a lot of things. He certainly articulates his position, expands the discussion, and provides good things as well as maybe not so good things for the community. So he's not here, but I wanted to pass that along. Thank you. MS. FILSON: Your final speaker is Kenneth Thompson. MR. THOMPSON: Mr. Halas, I'm so grateful to see you where you are. You were the man sitting over here one day telling everybody you didn't want the garbage trucks in your -- around your house at five o'clock in the morning. Well, I've got them. And, boy, you should see the mess they make. I've had for the second time -- I'm willing to recycle, but I won't do nothing for them. They came out there two times. They take that recycle can, they squeeze it in a damn knot and put it under his wheels and run over it, and then put it under my mailbox. I come home three times -- two times I found this out. So -- and I have been having so much trouble with their boathouse and this clown that's in it. He's a cutting everything he can get his hands on. You was talking about mangroves a while ago. I have never seen a man cut mangrove trees this big on somebody else's property. This big. Go look at it. It's a disaster. I've tried to get it stopped. I called DEP, and they're working with code enforcement. I got -- I think his name is Calvin. And this right here -- I've got this from a man in this room right here. I'm not Page 142 January 10, 2006 going to call no names. He give me this, and I called the Corps of Army Engineers in Jacksonville, worked my way all the way back to Fort Myers. They told me that he didn't give a darn if the county give him a permit, that the thing was over the water and it had to come down. Well, I had it going until somebody called from this court -- from this department over here and told Skip of Fort Myers not to do it, that it was all right. But that boathouse had put my mother and father-in-law into the ground, and it's about to put me there, and I don't even know how I'm standing here. I'm headed for -- my hand's got to be operated on, the nerves has gone bad. My whole arm has gone bad, and now they got to cut me from the neck down 15 inches down my back. I ain't going no more to no doctor because I think he's running wild. He'd make a good butcher, I tell you that. And every damn thing he's done has gone wrong. I'm telling ya. But something -- I've got nothing against Waste Management, but the garbage has to be picked up. But it seems like they're leaving more than they're picking up. Go follow behind them on a Monday. I bought me a minicamera, DVD, and so help me God I'm going to bring the tapes and I'm going to give them to somebody over here. Maybe you can help somebody in this room back there to help me, because when you call them, they don't want you to -- they want you to leave it on the recorder. I've asked Mrs. Arnold. And you just had one of the hurricanes in history blow through here, Wilma. No wonder Fred acts so stupid to have Wilma pushing behind him. But I have begged and pleaded with Ms. Arnold to stop these scabs in the neighborhood. I got -- the second door down from me, there's two of them. They're putting on roofs, the guy across the street got Minnesota tags on everything he's got. I mean, on everything he's got, and he will not stop it. Page 143 January 10, 2006 CHAIRMAN HALAS: Thank you, Mr. Thompson. Appreciate your comments there. MR. THOMPSON: Okay. I appreciate it. And stop the garbage trucks at six -- eight o'clock at night. CHAIRMAN HALAS: Okay. We'll look into that for you, Kenny. MS. FILSON: That's your final speaker, Mr. Chairman. CHAIRMAN HALAS: Okay. CHAIRMAN HALAS: At this time we'll open -- MR. MUDD: Commissioner, this goes to -- goes all the way to staff and commission general communications. CHAIRMAN HALAS: Yeah. And County Manager Mudd, do you have any correspondence? Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. MUDD: Yes, sir. One point of clarification, and I didn't want it to go on a bad point, and it had to do with item lOG. And I know you voted on it, but just as a point of clarification. When the particular item was going through the permitting process, they can do site work and get those particular items done, and I delayed that for a series of months because of the differences with the planning commission and the board on just exactly what we were going to do with the Bembridge PUD. And I believe that's where I was interj ecting, and the commissioner was saying something from a permit aspect strictly for the vertical construction. And I think we were both saying -- COMMISSIONER HENNING: Can we take it out of your pay? MR. MUDD: We were both saying the same thing. Commissioner, I've -- some folks from Goodland would like to Page 144 January 10,2006 start talking about having a golf cart community, and I just need to get some of your direction if you'd like to put staff time on that. Part of that's going to have to do with the sheriffs office and how those things are going to be licensed because they're going to be used on public roads. It's not necessarily a closed community, so there are some things that they're going to have to do to those particular carts. But I believe we can -- we can take a look at that and figure out what those requirements are and then get back with the Goodland folks to determine if that's exactly where they want to go, and I just need to get some direction from you. CHAIRMAN HALAS: Does that have to meet -- do those golf carts, when they start putting them on a road, do they have to meet FDOT requirements, like lights and -- MR. MUDD: I believe they have to have turn signals and stop lights and things like that. And then if they don't -- if they don't have lights in the front, then they can't be operated in the dark and things like that. CHAIRMAN HALAS: Okay. MR. MUDD: So there's going -- they're going to have to do a little bit of policing and -- there are more requirements than just getting a golf cart and then driving it around the neighborhood, so. CHAIRMAN HALAS: Commissioner Fiala, I think you had your light on. COMMISSIONER FIALA: Yes. Actually, rather than use cars in the community, because the roads are so narrow and most people are just walking or riding their bikes there, a lot of them use their carts. And I guess to me, anyway, it's part of the charm of being a little tiny fishing village. They've been using them for years, they always use the golf carts. The reason this came to light is because the sheriffs office gave two guys a ticket just recently to different guys, and one of them -- Page 145 January 10,2006 one of them, I believe, was -- he didn't have one leg, and so he couldn't drive, but he got around on his golf cart. And I can't remember -- the other one was also handicapped in some way where he couldn't actually drive a car. That was the only means that they have to get around. And they both got a ticket. And so I got a call from Stan down in Goodland. And Stan said, gee, you know, we ride our golf carts down here, been doing that for 30 years, you know, why is somebody stopping us? And so -- and I think they talked with you then, Jim? And then what Jim said is, well, then we have to put something in effect so that legally they can do that. So that's what this conversation is all about really. CHAIRMAN HALAS: Okay. Commissioner Henning? COMMISSIONER HENNING: We're not asking -- did you ask a question, we're not going to ban vehicles, motor vehicles? MR. MUDD: No. That's not -- that's not in any direction from the board. That just -- just do you want me to use the staff time and get with the sheriff and work through the process in order to legalize golf carts per se in Goodland along with privately-owned vehicles? COMMISSIONER FIALA: Could we ever make a stipulation maybe to add to their overlay that -- which would make it possibly a lot easier on staff and sheriff and everything, where we just add that as part of the overlay, being that they do it now? MR. MUDD: That's one of the things I have to take a look at. COMMISSIONER FIALA: Okay. Yeah, because we want to make it as simple as possible. Okay. Thank you. CHAIRMAN HALAS: Any other comments? COMMISSIONER FIALA: Oh, yes. CHAIRMAN HALAS: Any other -- any more information you had for us? MR. MUDD: Oh, yeah. I'm taking it the board wants us to go take a look at that, correct? Page 146 January 10,2006 CHAIRMAN HALAS: Okay. I think we ought to attach it to the overlay . We got three nods here? COMMISSIONER COYLE: I've got a -- I've got a question. Now, we're going to make a change in a zoning overlay which would permit people to drive golf carts on public streets. What do you do about the traffic that is visiting Goodland and they're driving real cars? Are we creating a safety problem here? MR. MUDD: We could be, sir, and that's-- COMMISSIONER COYLE: And are we going to have a liability associated with doing that? CHAIRMAN HALAS: I think-- COMMISSIONER COYLE: That's my concern. MR. MUDD: Commissioner, these are all the questions that I've got to get staff to address in order to get it. This is not -- if this was a gated community, I think we'd be a whole lot better, okay, on private roads, whatnot, and then they could limit how they're going to do their POVs and things like that. This is not the case with this particular community, okay, so we're going to have to take a look and see what we can and cannot do, and then come back to the board and say, okay, here it is. If you want us to go do this, then we have to do something special or we can't go any farther with this. I just wanted to get some board direction with this particular item. I agree, there hasn't been one idea that was -- that's been put on the dais that isn't of concern so far on this particular item, because you have a public road, you have privately-owned automobiles and trucks and things like that, and then you have golf carts. And you've got to figure out how all that meshes together and what kind of liability it brings on the board or the county if they so change, whatever. I believe this is going to really get into a licensing issue, and it's going to be more a Florida Department of Transportation issue than it is going to be anything that we're going to Page 147 January 10, 2006 be able to do as a board, but we're going to keep an open mind and we're going to see what we can do. CHAIRMAN HALAS: And I believe also the sheriffs going to playa big factor in this also, because, as you said, where you've got an intermix of all different size vehicles here, then it becomes a real problem. MR. MUDD: Commissioner, last item that I'd like to bring up is, I received a letter from the Conservancy of Southwest Florida from their new president and CEO, Andrew McElwain. Just so the board knows, when we all had our conversations about -- oh, yeah, by the way, we did purchase the zoo, and all of those things have been consummated -- but you had directed the manager to come back working with the Conservancy and all parties, interested parties, to come back with some kind of a conservation arrangement with the five acres or so that they purchased. And at first that was going to be a several-year loan, I think anywhere from two to four years with the Trust for Public Lands. The Conservancy decided that they wanted to borrow the money from a traditional lender bank in order to do that. Weare in the process of drafting some restrictions upon that particular property, but it isn't as clean as you'd like it to be, at least what we were told it was going to be. It was going to be something that could be done instantaneously. If you borrow money to purchase a particular property, you borrow it based on the zoning of that property, okay, and then to down zone it while you have that marker out, so to speak, the lending institutions frown on that. So we're going to have to draft the language with the help of the County Attorney's Office to make sure that we get at your intent so that we capture what was discussed in this -- in this boardroom in order to do it. I just wanted to let you know that we haven't forgot about it. It's Page 148 January 10, 2006 just not as simple as it was portrayed the day that we were having that discussion with everybody and the room was full with folks. But we haven't forgot it, and the Conservancy's working with us very amiably, by the way. COMMISSIONER FIALA: Who's our contact at the Conservancy now? MR. MUDD: Who is it right now? CHAIRMAN HALAS: Nicole Ryan. MR. MUDD: It's Mr. McElwain, okay, who wrote me the letter. He hasn't forgotten. He attached all the other letters that I had, and he's very consistent with it. And we're working with the County Attorney's Office right now with them in order to get those documents so that we can bring those back to the Board of County Commissioners. COMMISSIONER FIALA: Thank you. CHAIRMAN HALAS: Anything else from the county? MR. MUDD: No, sir. CHAIRMAN HALAS: County Attorney, do you have anything to bring forward to us? Item #12 COUNTY ATTORNEY'S REPORT MR. WEIGEL: Yes, thank you. Our office was contacted yesterday afternoon and again today during the course of this meeting from code enforcement staff, and I just had an opportunity to speak with Joe Schmitt, division administrator. And there apparently -- staff has very grave concerns about the potential loss of a bald eagle nest on a subdivision property under which there is a county bald eagle management plan approved this past year. And the request to the County Attorney Office is to do all Page 149 January 10, 2006 things necessary, including go forward, file a lawsuit, to obtain a temporary restraining order, if necessary. Well, we're in a board meeting right now, and the next board meeting isn't for two weeks. So I bring this to your attention right now to see if, in fact, you would authorize the county attorney working with county manager and Joe Schmitt and his staff particularly, to do all things necessary, short of litigation, and including litigation if necessary to achieve the saving of what has been described as the potential immediate irreparable loss of a bald eagle's nest on -- within a subdivision that the county has an interest in and significant legal controls through our zoning and bald eagle management plans. So if you would give us that authorization. I don't look to rush into litigation. It's a last resort, but at the same time, if there is another agency or someone else that can assist in achieving the saving of a nest, based upon the information that we'll obtain very quickly, we'll go every route short of the litigation, but would initiate that as well, and it may be a very short time required to do that if the damage, potential damage, is imminent as being described to my staff right now. So if have you any questions, I'd respond to that. COMMISSIONER COYLE: Where is this place? COMMISSIONER FIALA: Where are we talking about? CHAIRMAN HALAS: Where are we talking about? MR. WEIGEL: I'm told it's the Audubon Country Club. COMMISSIONER FIALA: Oh. CHAIRMAN HALAS: That's up in District 2. COMMISSIONER FIALA: Yeah. COMMISSIONER COYLE: They do a lot of bad things up there. COMMISSIONER HENNING: We've got to stop it. MR. WEIGEL: Well, we would look into it. CHAIRMAN HALAS: Do we have three nods from the commissioners here? Page 150 January 10,2006 COMMISSIONER COYLE: Yep. COMMISSIONER FIALA: Yeah. CHAIRMAN HALAS: Okay. MR. WEIGEL: Okay. Well, I assure you, we'll quickly look to do everything we can to achieve a positive result using the least means necessary, but with your approval, that may, in fact, include filing a lawsuit to get a temporary restraining order or something of that nature. Just for your information, a temporary restraining order, of course, isn't the end of a court action, but it is an emergency action special request of a court, of a judge, prior to a second hearing that is had on the matter in chief, the case in chief. So we will look to see if there is a case and then do all things appropriately that way. And I thank you for your authorization. Additionally, I'd just say that I'm looking forward to traveling to Tallahassee next week in regard to the litigation discussions we'll be having. Litigation -- legislation discussions that we'll be having up in Tallahassee, and then the following day also looking forward to the Canvassing Board tutorial in Orlando and working with the commissioners at both of those events. So other than that, we're looking forward. Thank you. And I appreciated working with Mr. Coyle and as chairman and look forward to work with Mr. Halas as the new chairman. Thank you. CHAIRMAN HALAS: Commissioner Coyle? Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS CONTINUED COMMISSIONER COYLE: Back in the good old days when I Page 151 January 10,2006 was chairman, the board directed me to send a letter to Governor Bush about Senate Bill 360, or the growth management act. I did that, of course, and all of you were copied on it. And the governor was kind enough to have his secretary of the Department of Community Affairs come down and meet with me and the staff concerning our comments about the bill. And I think it's fair there were -- well, certainly the county manager was there and other people were present. And Jim, correct me if I'm wrong, but I think generally what we did was we had an exchange of ideas and positions on this legislation, and -- but we had little agreement at all. MR. MUDD: True. COMMISSIONER COYLE: I think that the Department of Community Affairs essentially told us that we could not have a policy of concurrency that was stricter than what was prescribed in the existing growth management legislation, and they also said to us that the proportionate fair share mitigation process is mandatory. It is not in any way permissive. It is mandatory. We must develop a procedure for administering a proportionate fair share program, and, third, they said, if we don't -- if we don't like development occurring so quickly, then don't rezone the property. Right? MR. MUDD: Yes, sir. COMMISSIONER COYLE: Now, those are the three -- MR. MUDD: They specifically said the latter in just about those -- about those terms. COMMISSIONER COYLE: That's right. And so I believe that any position -- and we've heard them expressed -- that says that this legislation provides us flexibility in these areas is clearly incorrect. And so I'm telling you this why? And it is because I raised the issue of restricting permissions on zoning a couple of months ago, and it was initially considered to be a favorable kind of thing until Commissioner Henning pointed out that we would have a problemt Page 152 January 10,2006 with doing things -- the county doing things, because if we couldn't get rezones, we couldn't do a lot of things we have to do, and that was -- that was a fair observation, and so we just dropped it at that point in time. So what I would suggest is that we very seriously consider a policy -- and we need the legal input and the staff input on the operational side -- to deal with that, but we really need to consider a policy which says that there won't be any more rezones unless there's a clear public purpose. So if there's a clear public purpose, then we can make sure it -- it benefits the people of Collier County, but where we have a problem with concurrency that we are not able to address under the current growth management law, then we need to take those -- or grasp those tools that we have available in order to permit us to achieve concurrency. And by the way, this suggestion of mine will not do it immediately. It will take a long time for us to catch up. And in that respect, it was very clear during our discussion that it was the intent of the legislation that the local governments assume all of the risk of infrastructure delays and funding, and the developers should assume none of that risk. And by that, if you put it -- if you put it in your five-year plan and you get a bid for constructing a road that is 70 percent higher than you anticipated and you don't want to award that contract and it consequently turns out to take longer to provide that infrastructure, we're out of luck because the developer does not have to slow down. The developer merely walks in, pays the proportionate fair share and starts building. There is nothing we can do about it. So the key is, we have to be very, very careful what we put into five-year plans. And that's -- you know, that's what we really have to start working on, because we don't have any other alternatives. And I would expect they'll start trying to slip -- strip those Page 153 January 10, 2006 alternatives away from us, too, pretty soon. So that's just a brief update. We had a good exchange. I enjoyed the discussion and the sharing of ideas. But I would say that we essentially accomplished nothing. Is that fair, Jim? MR. MUDD: Sir, there were no agreements or compromises that were made. Everybody stated their position. And I believe the only thing that they really took back from that conversation was, wait a minute, we have a five-year plan, it has the Davis expansion on it, and the state just pulled $33 million off the plate. Now what the heck do we do, okay, with our five-year plan that everybody's been doing pay-as-you go on. So I took them through an illustrative example. Said, it's there, you just pulled the money out, I have no control over your state agency, and now it's gone. But we've had five years worth of people paying pay-as-you-go for that particular item, and now it's not going to happen for another five years, so what does that do to our concurrency issue? And they did not have an answer for that, but they did take notes. CHAIRMAN HALAS: Commissioner, do you think it would help if I, being the new chair, wrote a letter to the Florida Association of Counties to -- and find out what else -- whether -- other information we can find here or to get -- to build a coalition? Because I think this is very revealing, the information you just brought forth. I know all of us have had concerns on this particular item, and basically what it's doing is it's taking away home rule essentially. COMMISSIONER FIALA: Exactly, exactly. CHAIRMAN HALAS: And I think this is one of the things that the Florida Association of Counties has been diligently working at is to make sure that home rule was not -- was not taken away from us. And I think that -- or compromised, and I think that that's where we're at at this point in time. So I could probably write a letter to Chris Holly and alert him to Page 154 January 10, 2006 this. And if he needs any additional information, possibly to contact you, since you've been in direct contact with his secretary. COMMISSIONER COYLE: Well, to answer your question -- Commissioner Henning wants to make a comment, but let me -- CHAIRMAN HALAS: I'm sorry. COMMISSIONER COYLE: -- answer his question. COMMISSIONER HENNING: Well, don't answer it yet. COMMISSIONER COYLE: Okay, okay, go ahead. COMMISSIONER HENNING: You know, our legislation delegation members feel that we have latitude in Bill 360 and we do have home rule and we can be stricter. COMMISSIONER COYLE: They are wrong. COMMISSIONER HENNING: Well, that's their understanding from the same people who you had a meeting from. So if there's any correspondence, it should be to the lawmakers in Tallahassee, and especially our delegation members of, this is what we -- we had a meeting with the second DCA, and this is what our understanding, that we can't do or can do, to let them make changes, allow them the opportunity to make changes. Because, you know, their understanding, that the bill is to make sure there is growth management instead of a growth bill, what Commissioner Coyle is explaining. CHAIRMAN HALAS: Well, I think maybe what we need to do is send a letter in all areas so that we alert people to the fact that there is that potential, and we may lose the ability to control our growth here in Collier County, and especially if we cannot institute concurrency requirements stronger than the state is mandating. I think that puts us in a real dilemma here. COMMISSIONER COLETTA: If I may? CHAIRMAN HALAS: Yes. COMMISSIONER COLETTA: The -- I think Commissioner Henning's on the right track. Who's the person that's going to vote on Page 155 January 10, 2006 this or actually be able to change it? It's not going to be the Florida Association of Counties. It's going to be the state legislative body. CHAIRMAN HALAS: That's true. COMMISSIONER COLETTA: And the only ones in the state legislative body that we have real access to and have a little bit of pull over is the ones that we work with, our own delegation. My suggestion is that we write the letter to the legislative body with all these concerns that we just mentioned and we copy the Florida Association of Counties on it. CHAIRMAN HALAS: Well, that's kind of what my intent was. I mean, I wanted to alert all parties involved in this. COMMISSIONER COYLE: Well, let me provide another slightly different approach. We have written letters to our legislators. And just recently during the prelegislation workshop, I stood at that podium and said just exactly what I said. But I said one other thing. I said, it would seem only appropriate that a member of this delegation would sponsor legislation to correct these problems in the growth management bill, and we would like to participate with you to do that. We would like to be involved in helping you draft this bill, just as the lobbyists for the building industry helped you draft the act that you passed. We want to be involved in helping you draft this bill. That's been three weeks at least since we made that request. Now, we're fast approaching the time when the legislature will be in session, March the 2nd or 3rd, I think, is the date. But what I'd like to see us do is send a letter to the legislator -- legislators saying, when can we sit down with you to review your recommended glitch bill for the growth management bill? I don't want to see this bill after we're in session, and it's flying through committees faster than we can follow it. I'd like to see it before it gets to committee, just like the building industry gets to see it before it gets to committee. Page 156 January 10, 2006 And I don't have a good comfortable feeling that they're going to let us do that, but I think that's the letter we ought to write, is we ought to write a letter saying, get us involved, let us participate with you in drafting this language, because we're the ones who understand how it will affect our county. CHAIRMAN HALAS: I think also we need -- MR. MUDD: Commissioner, if I could just interject real quick. CHAIRMAN HALAS: Sure. MR. MUDD: Based on Commissioner Coyle's statements in front of the Southwest Florida delegation in December, those -- his comments did not go unnoticed from the delegation. Representative Davis has talked to me in the last week or so and basically said, okay, I'm carrying it forward for you because I told Commissioner Coyle that I would do that when he gave his testimony, and he made that promise while he was sitting up on the dais where you sit today. We have all interested parties meeting around the 19th of January with Keith Arnold, our lobbyist, and we're sitting down to work out the specific language changes that we need to make that basically make Senate Bill 360 digestible for Collier County. In other words, we can have a stricter concurrency law than what's laid out there and things like that, and we're going through that process. Representative Davis asked if we could get that specific language done and to him before the end of January so that he could have time to get it done. Now, I don't know what it's going to look like when it gets pieced together with the other stuff, okay, Commissioner? That I don't know. All I can say is, he has made a promise that he would shepherd our particular changes to Senate Bill 360 into Tallahassee. Now, what happens when it gets there and after it works through, I don't know, and I'm not too sure he's even the master of his own destiny when everybody else puts their hands on it, but at least we've got a start, and he's trying to keep that promise that he made to you, Page 157 January 10,2006 Commissioner Coyle, COMMISSIONER COYLE: Well, I sure would like to be involved and kept in the loop on that. I didn't know that he had done that. I had not been informed in any way. MR. MUDD: No. He came up and he basically said he needed to change this for us because he wanted to keep that promise that he made to you. COMMISSIONER COYLE: Okay. That's very encouraging, and I'm happy that's happening. But remember also that this board has to review this before it goes anywhere, so we really have to be kept in the loop about these changes. So if anybody's having any meetings, we need to be involved. MR. MUDD: Yes, sir. I have to get that resolved on the 19th, get something turned around quickly so I can get it back to you on the 24th of January -- COMMISSIONER COYLE: Okay. MR. MUDD: -- for approval before we can give it to our representative and he can take it forward. COMMISSIONER COYLE: Okay, that's fair enough. That sounds very encouraging. Then you think we should just proceed with that rather than writing a letter? MR. MUDD: No. I think, Commissioner, you're all on the -- you're all pretty much saying the same thing. We have to make sure that we keep a heightened interest in this particular issue for Collier County. And you know, in that letter we can say, we're drafting the language for the changes in the bill. We highly encourage your support for those changes as it goes forward into Tallahassee and works through this legislative session. And I think we can really get at that, and we'll have those changes to Representative Davis by the last day of January so that they all know it's there, and they know we haven't lost -- we haven't lost our intense desire to see that change. Page 158 January 10, 2006 COMMISSIONER COYLE: And we can copy that to the FAC and to all of the other members of our delegation, legislative delegation. MR. MUDD: Yes, sir. Now, what I saw today was either in the House or the Senate -- and this was over lunch -- but I did see an initial layout where they talked about those things that could really be a glitch, okay, in the bill. And they basically said, the staff -- and I guess there's a paid staff up there that looks at these bills up there for the legislative body. From the glitch side of the house there were a couple of references that they used incorrectly, so they could change those as far as the glitch bill is concerned. There is -- there is a great deal of literary license that was used when people talked about proportionate fair share. They talked about proportionate share, proportionate fair share. They used about five different terms to talk about that same thing, but they all mean a little bit different. So they went down in all of the different pages where that was mentioned in the bill for cleanup. That was it for the glitch side for what they really could do for a glitch. And then a question from staff to their bosses, and may that be the Senate, President, or the Speaker of the House, is, how do you want us to get all the other concerns that were made. And, oh, by the way, Collier's concerns were mentioned. We were one of the only counties that had concerns that were laid on. And I guess I was the only manager that wrote them a letter and-- because everybody else was some legislative person. But Collier County's desire to have a more stringent concurrency system than what's there is specific, and it's laid on, and it says, a more stringent concurrency system, Collier County, okay? And that was the only item, catch thing, of all the things that we talked about in Senate Bill 360 that got some attention. Page 159 January 10,2006 And I believe that key ingredient will help us get the other piece, the other tentacles in that bill in order to make that happen. But that was the only thing that was talked about. And they were talking about those desires as being almost an amendment to the bill, not a glitch bill, but something more to that particular item that had to be legislatively done. So -- and I just saw that over lunch as it came out. It was only about five pages. I was really surprised that the glitch pieces almost were scrivener's errors, so to speak, and they weren't really getting into the meat of the issues, and then it later was the comments and says, do you really want us to start fleshing out new language for the comments that were made in the particular item? So I believe that our language that we need to write is very, very important based on that document that I saw over lunch today. COMMISSIONER COYLE: Okay. That's it for me. CHAIRMAN HALAS: Commissioner Coletta. COMMISSIONER COLETTA: Yes. I have two things, if you would please bear with me for just a moment. CHAIRMAN HALAS: We should be finishing up real shortly here. I just want to let our court reporter know that. COMMISSIONER COLETTA: This will only take 20, 30 minutes. No. May I call Tammie Nemecek up? I have a situation going on with the Immokalee Airport that it's -- some time ago this commission revised the lease policy for the airport to a limit of five years, and it's raised considerable difficulty, and we're in danger of losing some of our potential tenants. Tammie, would you brief us on that? MS. NEMECEK: Yes, sir. Thank you very much, Commissioners. Tammie Nemecek, Economic Development Council of Collier County. A couple years back we went through some reorganization with Page 160 January 10, 2006 the Airport Authority and changing of the ordinance. The ordinance, as it reads today, allows for the Airport Authority to approve leases up to five years. Beyond that, each lease needs to come before the Board of County Commissioners for approval. The unintended consequence of that change in the ordinance has been that with regards to the laws that oversee the leasing of property, whether or not it's under the authority of whether or not it's under the county. Because the ultimate authority does not lie in the Airport Authority and with the county commissioners and the county, each one of those leases on the land side have to go out to bid, which means that when companies come forward, they choose a parcel that they'd like to have their business located on. Instead of just being able to lease that parcel of land, that parcel needs to go out to a formal bid process. The person who's interested in that parcel of land can submit a proposal, in addition to anybody else can submit a proposal for that parcel of land as well. And when you're talking about trying to recruit businesses, it becomes a very difficult situation to be in in order to not know that you actually have the ability to lease that property, but you may be outbid, and then you have to go through the bidding process again on maybe a different parcel. And so it does create some situations in being able to have some certainty for those businesses that we're working with. So in some conversations with some existing businesses in Collier County that we're talking with and going out there, Salazar and Siena Marble, that are interested in leasing parcels of land out at the airport, that this has been a consistent thing with those two companies that are looking to expand at the airport. And so we wanted to be able to bring this to you and see if there was something that we might want to look at in order to make it a better process. Page 161 January 10, 2006 COMMISSIONER COLETTA: Yes. What I'd like to do is, I already talked to Robert Dole (sic), who's -- I believe he's still the chair? MS. NEMECEK: Robin Doyle, uh-huh. COMMISSIONER COLETTA: Chair of the Airport Authority. And he's totally in agreement with making the change, and he wants to -- he's going to do it at the next meeting that they have for their end of it. But I would like to have this on an agenda as soon as possible. MS. NEMECEK: What would be asked is a change of the ordinance back to -- COMMISSIONER COLETTA: Back to where-- MS. NEMECEK: -- back to what it was in previous, which there was a lot of discussion that happened prior to the first change. So, you know, there may be -- may be some, you know, work that we really need to do as we're going through the change in this ordinance and looking at the laws. A lot of this has just come to light with these tenants that have come forward that were things that were not known prior to this. For example, air side land leases, we've just found out that we can only do 30-year land leases on the air side, that with -- the leasing poli -- the ordinance as it stands now, that we have to go out to bid, and these are things that are coming up, you know, as we have tenants coming to the Airport Authority that were unknown prior to this. COMMISSIONER COLETTA: And it makes absolute sense. If you have to go out for bid and you have a person, a potential tenant, and you have to put it out to bid, that uncertainty is enough to be able to discourage them to leave. I never heard of such a situation. It would be like you going out to bid a business property to open a business and they're saying to you, okay, put a -- we're going to have to put this out to bid, and then you can put your price in and we'll see what it is. They're just not going to deal at that level. It's just one of those Page 162 January 10, 2006 things. At the time, remember when we were dealing with the Airport Authority, there was some doubts whether it was going to be an effective organization, there was some question whether we were going to keep them together. As it is, they cleaned their house up. They've been doing a fairly good job for the last couple -- well, a good job for the last couple of years. Now is the time to do some reconsideration. And with your permission, I'd like to see it brought back to the commission -- COMMISSIONER FIALA: Yes. COMMISSIONER COLETTA: -- as an agenda item as soon as possible. CHAIRMAN HALAS: That's what -- the question I was going to ask is why we changed the ordinance to start with. COMMISSIONER COLETTA: Well, it was because the Airport Authority -- we were very disappointed in some of the directions they were going. There was even talk about disbanding the Airport Authority -- CHAIRMAN HALAS: Okay. COMMISSIONER COYLE: -- at that time. This goes back some time ago. COMMISSIONER COYLE: I've got a way to solve this problem right now, if I could get the attention of anybody. CHAIRMAN HALAS: Tammie. COMMISSIONER COLETTA: You've got my attention. MR. MUDD: I believe -- I believe it's more than just the airport ordinance, okay? I remember changing that airport ordinance, and I don't remember any of this being in there, okay? So that's the first thing, and I've got a pretty good memory, so I'm going to tell you, I believe it has a lot to do with our purchasing ordinance and how we do business and what the state statute is and how it lines up to the airport. I believe there's more to this than meets the eye. And I believe there's several issues here than just -- I believe it's cumbersome, but Page 163 January 10, 2006 we've got to be able to figure out how to do it. But if you want -- COMMISSIONER COYLE: I know how to do it. I've done this many times before, okay? What you do is you incorporate the lease into the obligation of the company taking the lease by specifying that the lease requires that you bring X number of jobs paying X price range and that you must be a financially stable organization, your financial records must indicate your ability to do this, and what you're going to find out is there's only one bidder, and that's the one that is going to do the things that you want to do. Now, if by chance there are multiple organizations who can meet the same goals of bringing business to that airport, then what that will do is provide the opportunity for both of those businesses to bid, and I'd be willing to bet you'd find two leases that you could give to those people. So there's a way of doing this without changing any law at all. But I'm not saying I wouldn't want to consider making it simpler for you, but I wouldn't want to see you get tied up and be stopped by what is perceived to be a restrictive, competitive procurement process. CHAIRMAN HALAS: Right. COMMISSIONER COYLE: But it's just a matter of writing the RFP a little broader and telling what you expect of the organization that is going to take this lease. CHAIRMAN HALAS: Sounds good to me. COMMISSIONER COLETTA: That's one of the reasons why I think we need to bring this back for -- so we can get a total picture on this and be able to dispel any kind of possibility that the county isn't doing what it could do. CHAIRMAN HALAS: Sounds to me like all we need to do is just have legal guidance in regards to this, and I think we probably got it -- COMMISSIONER COYLE: Just write the lease -- write the RFP appropriately, and you've got it made. And it just takes a little more Page 164 January 10, 2006 time, that's all. MS. NEMECEK: It takes a little bit more time, which is ultimately the concern at the end of the day. When you're dealing with timing with businesses, sometimes that will prevent us from being able to entice a tenant to the site. COMMISSIONER COYLE: Yep. MS. NEMECEK: So that's -- that would be the consequence of it. CHAIRMAN HALAS: What are we talking in timing here, a day or two? MS. NEMECEK: Oh, no, no, because you have to go through the formal bid process. CHAIRMAN HALAS: Writing a lease. MS. NEMECEK: Pardon me? CHAIRMAN HALAS: In regards to writing the lease as-- MS. NEMECEK: But you have to go through a formal bid process, which I'm not quite sure how long that takes with the county. MR. MUDD: You can do it -- you can do it in 30 days or less. COMMISSIONER COYLE: You have fast track, you could get it in under two years. MR. MUDD: Commissioners, it's the same item that we had to deal with, and I know there was some sore feelings. This is the same particular item that we're talking about that we had to do with the zoo lease, okay? This board talked about, we should have a workshop on the zoo lease. Well, wait a minute. If you have a workshop on the zoo lease, you've got a Florida statute that says you've got to go out and you've got to bid that rental property out. And I remember I caught some of that grief from the dais. There was a little bit of a sting in my way, and I'm going, I did the best I could, because I couldn't let you have workshops, because then you would have had to go out with an RFP, and the Tetzlaffs might not Page 165 January 10, 2006 have been the zoo proprietors. I could have got some Ohio firm to come in here with their own animals, and I don't believe that's what the community wanted. So the key here was to come up with a lease, okay, under the Trust for Public Lands, when -- as they owned it, okay, and you then had to honor that lease. And we tried to come up with the fairest lease we possibly could. And it's the same Catch 22 thing that Tammie's trying to tell you right now about. It's an issue, and it has a lot to do with our statutes, and we've got to be -- COMMISSIONER COLETTA: I don't want to drag this out forever, Mr. Mudd. Ifwe could, could we arrange for a meeting with you, Tammie Nemecek, maybe the Airport Authority and myself, where we can just sit down and go over this? If this isn't something we're going to bring back to the commission, I need a better understanding, but I don't think that this -- MR. MUDD: Well, we could bring it up. I believe the Airport Authority should bring it back to this commission, okay? Your authority. She works for you. And I believe Ms. Cook should come back and discuss this particular issue so that you've got this thing resolved for the future, because this won't be your first tenant, and it normally won't be your last one either. COMMISSIONER COLETTA: We're still looking for that first one. MR. MUDD: You've got to get it resolved. CHAIRMAN HALAS: Okay. MS. NEMECEK: Thank you. CHAIRMAN HALAS: Do I have three nods to bring this back, okay. COMMISSIONER FIALA: Yes. COMMISSIONER COLETTA: Okay. And then the other item -- and I'll try to make this happen a little quicker. I'm not too sure if I should ask Joe Schmitt or Cormac Giblin to come up. It has to do Page 166 January 10,2006 with tomorrow's meeting. COMMISSIONER HENNING: Maybe we should take a break first. CHAIRMAN HALAS: Yeah. How long is this going to be? COMMISSIONER COLETTA: Well, it depends on how many more questions everybody's going to ask. But I -- it could take up to 10 minutes. You want to take a quick break? CHAIRMAN HALAS: Yeah. I want to take a quick break. I feel the lady here needs a break. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, you have a hot mike. CHAIRMAN HALAS: Thank you. I believe we, yeah, have three commissioners in the room at this present time. Okay. MR. SCHMITT: We're waiting for the commissioner that raised the issue. He's not back yet. COMMISSIONER HENNING: I'd move on and bring it up the next meeting. CHAIRMAN HALAS: He's got 30 seconds to get here. Ifhe doesn't, why -- COMMISSIONER COYLE: I'm here. He's gone. He's already gone home. He did. I saw him leave. Didn't you see Commissioner Coletta leave? COMMISSIONER HENNING: Yeah, I thought he did. CHAIRMAN HALAS: Is Commissioner Coletta in the building here? COMMISSIONER FIALA: Yes, he is, but we didn't realize that it started already. MS. FILSON: I was told he was on his way. COMMISSIONER COYLE: Oh, no. CHAIRMAN HALAS: Can I get this issue -- COMMISSIONER FIALA: I know he's here someplace. Page 167 January 10, 2006 COMMISSIONER COYLE: But we could go with somebody else and let him be last, right? COMMISSIONER FIALA: You know -- okay. I can do something, if you'd like. CHAIRMAN HALAS: Go ahead. COMMISSIONER COYLE: What are you going to do, dance, tell jokes, or what? COMMISSIONER FIALA: No. I'm going to just read a proclamation, or resolution, if I may. CHAIRMAN HALAS: All right. COMMISSIONER FIALA: I'll just take my turn out of order, if that's okay. This is a resolution. I was invited to the Marco Island City Council meeting last week, Monday, and they had nothing but praises for Collier County, for our EOC, for all of the -- all of our employees that worked so hard during Hurricane Wilma, and I, in turn, said how much we enjoyed working with them too, because they worked hand in glove with us, and they even presented us with a resolution, and I -- shall I read it, if you don't mind. MR. MUDD: Yes, ma'am. COMMISSIONER FIALA: State of Florida, Collier County, City of Marco Island, a resolution to extend gratitude to Collier County for Hurricane Wilma recovery assistance. I have to put glasses on though. Whereas, Hurricane Wilma, a category three storm, struck Marco Island during the early morning hours of October 24, 2005; and, Whereas, the hurricane caused extensive damage to much of our island community; and, Whereas, the Collier County Commission and its staff demonstrated exceptional leadership in the planning, operation and execution of its emergency operations plan; and, Whereas, Collier County planned and managed countywide Page 168 January 10, 2006 storm debris removal, including significant storm debris on Marco Island; and, Whereas, Collier County Commissioners; County Manager James Mudd; utilities director, Jim DeLony; and solid waste director, Dan Rodriguez, understood that Marco Island had extensive damage and recognized Marco Island as a priority for debris collection; and, Whereas, Collier County immediately directed equipment and personnel to Marco Island as soon as it became available and kept those assets on Marco Island during the cleanup process. Now, therefore, be it resolved by the Marco Island City Council, and council duly assembled, that Collier County be recognized and thanked for its excellent response to Hurricane Wilma and for their assistance to the people of Marco Island. Done and ordered the 3rd day of January 2006, Vicky Calder, chairman, and attested by Laura Litzan, city clerk. And this is really nice, and I think it would be nice if we had it framed and put it in a suitable location. MR. MUDD: Yes, ma'am. COMMISSIONER FIALA: Thank you. And other than that, Commissioners, that's all I have. CHAIRMAN HALAS: Okay. Back to Commissioner Coletta here, so we can get -- COMMISSIONER COLETTA: Thank you. Yes, and what-- tomorrow we have the LDC meeting -- I should say you have the LDC meeting. I'll be on a flight back -- going back to N ew York because of my father-in-Iaw's wake, funeral. CHAIRMAN HALAS: Condolences to you and your family. COMMISSIONER FIALA: Sorry. COMMISSIONER COLETTA: Right. There's one -- there's one issue there that I talked to Joe Schmitt about that I was concerned about, and I wanted to be able to play into was the issue of the affordable housing issue, gap housing, affordable housing. It's an Page 169 January 10, 2006 issue that's -- we're trying to get through in the fastest time possible, and I understand that. But I understand in talking with Joe that staff is looking for some more time, too, to be able to carry this forward and to be able to put the polish on it they need. I was wondering if we could give some consideration to bringing it back at the February 8th meeting. And, Joe, I think you said there's a way that we'll be able to keep this thing on track and be able to pick up for any lost time. MR. SCHMITT: Yes. For the record, Joe Schmitt, Community Development/Environmental Services Division Administrator. Based on your guidance and based on the guidance you gave us at the affordable housing workshop, we're bringing back the amended -- amendment to implement the gap housing and -- program just as you directed, at least we're bringing back a proposal to amend the LDC to get us through a period to -- frankly, to allow us to use the program, at least we thought your guidance that you gave us. That meeting's tomorrow, the first LDC -- the first meeting for the LDC hearings are tomorrow, or is tomorrow. The second meeting is February 8th. If, in fact -- being that Commissioner Coletta's going to be out and -- we could still hear that in this cycle, except we would defer the first hearing of that amendment till the 8th, and we would bring that back along with another amendment which we're delaying because we just resolved that issue with the planning commission on there. There's the two comprehensive overlays for the Bayshore area and the Gateway and Triangle area. So those -- those two you will not see tomorrow night. They are being delayed until the 8th, where you'll see them for the first time, and then we're bringing that LDC amendment and we're going to ask for your permission to bring that back at a regular meeting, which we legally can do. So the request that Commissioner Coletta and I discussed, if -- being that the housing amendment is an issue which he asked -- he Page 170 January 10, 2006 would certainly like to participate in, I believe your proposal, Commissioner, is to delay the hearing of that from tomorrow's meeting until the 8th, which we still will have sufficient time to get it implemented under your guidance, and that is as soon as we get through -- as part of this LDC cycle. COMMISSIONER FIALA: Can I weigh in on that? CHAIRMAN HALAS: Sure. COMMISSIONER FIALA: I just think that's a great idea. I would want you to be here. COMMISSIONER COLETTA: I appreciate it. COMMISSIONER FIALA: I think this is something we both want to work together on. It's so needed, and I would-- COMMISSIONER COLETTA: It's real close. COMMISSIONER FIALA: --like to -- if we make a motion or something if -- you know, to delay it till the 8th, and it will still be in this LDC cycle, and absolutely we should -- we should delay it. COMMISSIONER COLETTA: I'll second your motion. COMMISSIONER FIALA: Thank you. MR. SCHMITT: The definition -- the definition and the amendment itself is on page 3 of your LDC book for tomorrow, and page 5, and we have a version that we sent last night, which was the planning commission's version. You all should have received that in hard copy today, and we'll just defer everything based on your proposal until the 8th, and frankly, that will give Cormac and I some time to take the chart and make sure that you understand the scenarios and the impacts that each of those different density bonuses have in regards to the entire program. COMMISSIONER FIALA: Great. CHAIRMAN HALAS: Okay. So we'll vote on this issue. All in favor? Yes, County Attorney? MR. WEIGEL: Well, in fact, you can give direction today, and Page 171 January 10, 2006 then at tomorrow's -- at tomorrow evening's hearing at the beginning where you adjust the agenda, so to speak, you can carve out these particular elements and set them for the time that you wish to and use your motions at that point in time. CHAIRMAN HALAS: Okay. SO all we need to do is just give direction? MR. WEIGEL: That's right. CHAIRMAN HALAS: Okay. COMMISSIONER FIALA: Okay. So-- CHAIRMAN HALAS: Withdraw your motion? COMMISSIONER FIALA: I don't need to make a motion. CHAIRMAN HALAS: Right. COMMISSIONER FIALA: I can just -- offer direction to -- CHAIRMAN HALAS: You withdraw your second? COMMISSIONER COLETTA: Uh-huh. CHAIRMAN HALAS: Just give direction to -- COMMISSIONER FIALA: -- offer direction to. CHAIRMAN HALAS: By four nods or five nods, whatever. MR. MUDD: Okay. I have four or five nods. CHAIRMAN HALAS: Commissioner Henning, do you have anything? COMMISSIONER HENNING: Whatever happened to synchronizing the lights in the urban area? CHAIRMAN HALAS: I think they're working on it. MR. MUDD: We're still-- we're still doing that, sir. COMMISSIONER HENNING: You're still doing that? MR. MUDD: Yes, sir. But I'll let -- Norman's rushing up. But we're still working on it. COMMISSIONER HENNING: Was there a contract on that? MR. FEDER: Yes, there is. And for the record, Norman Feder, Transportation Administrator. We have been working on that, but with the hurricanes, we ended Page 1 72 January 10, 2006 up taking most of our resources to get the signal heads that we have out there back up and back to existing timing. That did create some delay. We're now looking at March of this year to have that completed along with the Scoot implementation on Pine Ridge Road. And so we did pull our resources off of those projects and onto, obviously, addressing issues after the storm. COMMISSIONER HENNING: Thank you. MR. FEDER: Thank you. COMMISSIONER HENNING: That's it. CHAIRMAN HALAS: Okay. I have one item here that I'd like to bring forward. It's a good news item. It's both the Collier County Board of Commissioners along with the Collier County Manager's Office announce today the community-based organizations serving Collier County now have access to an Internet based program called the eCivis Grant Locator free of charge to assist in finding federal, state and foundation grants. And the only stipulation is that the community-based organization must meet all the following requirements to be eligible; number one, maintain an office within Collier County; number two, offer services that directly benefit the residents of Collier County; number three, offer services on a nondiscriminatory basis and comply with all federal nondiscrimination laws; and four, have active status under the IRS code section 501-C, or any 501-C designation is eligible. I think this is a fantastic deal, and I think it's going to help a lot of our citizens here in Collier County, especially a lot of the groups that are volunteer organizations get involved. I want to thank you very much. I think this is a -- really a great news item. MR. MUDD: Yes, sir. This is -- this is an item that the board approved, I believe it was in December 13th, and we're implementing that. It came across as a three-year contract. It was on the board Page 1 73 January 10, 2006 agenda. And it was for eCivis, and one of the things that was specified, we could, for a very reduced price, we could get it so that we could take the local charitable organizations and let them be users of the particular system. And you voted for that, and I thank you for that. W e'lllet you know how many people sign up for it, but I believe it's a good news item and it's a good thing for those folks to have. It will be the first one that they have that basically -- once you set up your requirements of what you're looking for, it will e-mail you an alert that says, there's a grant that came up that fits the description that you're looking for, and then you can dial right in. It will show you an example of a successful grant application, give you the current application you need to do, and it's relatively simple. Everybody I've talked to that does grants says it's almost a blessing because it really -- it alerts them like an alarm clock when a new one comes up. COMMISSIONER FIALA: Do we have it on-line? MR. MUDD: Yes, ma'am. CHAIRMAN HALAS: It's on-line, yes. I believe it's on-line. COMMISSIONER FIALA: Oh, good. CHAIRMAN HALAS: At that, I just want to close by saying, thank you, fellow commissioners, for having faith in me and voting me in as the new chair. I will work diligently at this post, and I will make sure that the -- not only the citizens are taken care of, but also that the whole county is taken care of. And as everyone knows, we discussed here earlier, about all the different land issues that are coming up in the state legislature, I plan to be actively involved in lobbying up there, so I hope -- probably be spending some time up in Tallahassee in regards to this. And once again, Fred, I just want to thank you for your leadership the past year. You're outstanding. And I've got large shoes to fill, and I want to thank you for everything you've done for us the Page 174 January 10, 2006 past year. COMMISSIONER COYLE: Thank you. CHAIRMAN HALAS: And at that, we are adjourned. ***** Commissioner Halas moved, seconded by Commissioner Fiala and carried unanimously, that the following items under the Consent and Summary Agendas be approved and/or adopted ***** Item #16Al FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR "BLUE HERON, PHASE I-A" - W/RELEASE OF UTILITIES PERFORMANCE SECURITY Item #16A2 AGREEMENT FOR SALE AND PURCHASE WITH VELMA R. GRAHAM AS TRUSTEE OF THE VELMA R. GRAHAM DECLARATION OF TRUST DATED THE 21 ST DAY OF JUNE, 1995 FOR 10.26 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $373~500 Item #16A3 FINAL ACCEPTANCE OF WATER AND SEWER UTILITY FACILITIES FOR "LAUREL LAKES, PHASE 1"- W/REDUCTION OF THE UTILITIES PERFORMANCE SECURITY Item #16A4 Page 175 January 10, 2006 FINAL ACCEPTANCE OF WATER AND SEWER UTILITY FACILITIES FOR "HERITAGE GREENS, PHASE IB AND 11"- W/REDUCTION OF THE UTILITIES PERFORMANCE SECURITY Item #16A5 RECORDING OF THE FINAL PLAT OF "FIDDLER'S CREEK PHASE 3, UNIT THREE", APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY - W/STIPULATIONS Item #16A6 RECORDING OF THE FINAL PLAT OF "VALENCIA GOLF AND COUNTRY CLUB CLUBHOUSE" - W/STIPULATIONS Item#16A7 FINAL ACCEPTANCE OF WATER AND SEWER UTILITY FACILITIES FOR "BRIARWOOD, UNIT 5" - W/REDUCTION OF UTILITIES PERFORMANCE SECURITY Item #16A8 FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR "LALIQUE AT THE VINEYARDS" - W /REDUCTION OF UTILITIES PERFORMANCE SECURITY Item #16A9 Page 176 January 10, 2006 RECORDING OF THE FINAL PLAT OF "ORANGE BLOSSOM RANCH PHASE IB", APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY - W/STIPULATIONS Item #16AI0 FINAL ACCEPTANCE OF WATER AND SEWER UTILITY FACILITIES FOR "HUNTINGTON LAKES UNIT ONE" - W/REDUCTION OF UTILITIES PERFORMANCE SECURITY Item #16All FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR "COVENTRY SQUARE" - W/REDUCTION OF UTILITIES PERFORMANCE SECURITY Item #16A12 FINAL ACCEPTANCE OF WATER AND SEWER FACILITIES FOR "CAMELOT PARK AT THE VINEYARDS" - W/REDUCTION OF UTILITIES PERFORMANCE SECURITY Item #16A13 FINAL ACCEPTANCE OF SEWER UTILITY FACILITIES FOR "SANCTUARY POINTE AT STERLING OAKS"- W/REDUCTION OF UTILITIES PERFORMANCE SECURITY Item #16A14 Page 1 77 January 10,2006 FINAL ACCEPTANCE OF WATER AND SEWER UTILITY FACILITIES FOR "TIBURON GOLF CLUB CLUBHOUSE"- W/RELEASE OF UTILITIES PERFORMANCE SECURITY Item #16A15 FINAL ACCEPTANCE OF SEWER UTILITY FACILITIES FOR "GREY OAKS, UNIT 15" - W/REDUCTION OF UTILITIES PERFORMANCE SECURITY Item #16A16 FINAL ACCEPTANCE OF SEWER UTILITY FACILITIES FOR "ISLA VISTA AT GREY OAKS" - W/REDUCTION OF UTILITIES PERFORMANCE SECURITY Item #16A17 CARNIVAL PERMIT 2006-01: PETITION CARNY -05-AR-8426, VONDA WELKY, FAIR MANAGER, COLLIER COUNTY FAIR AND EXPOSITION, REQUESTING A PERMIT TO CONDUCT THE ANNUAL COLLIER COUNTY FAIR ON FEBRUARY 3 THROUGH FEBRUARY 12,2006, AT THE COLLIER COUNTY FAIR GROUNDS LOCATED ON SR-846, NORTH GOLDEN GATE - W/WAIVE OF OCCUPATIONAL LICENSE AND SURETY BOND Item #16A18 DIRECT THE COUNTY MANAGER OR HIS DESIGNEE TO PREP ARE AND SUBMIT AN APPLICATION FOR PURCHASE BY THE CONSERVATION COLLIER PROGRAM OF SPECIFIC Page 178 January 10, 2006 PARCEL(S) ASSOCIATED WITH THE COUNTY'S PURCHASE OF FLEISCHMANN-CARIBBEAN GARDENS PROPERTIES Item #16A19 RECORDING OF THE FINAL PLAT OF "FIDDLER'S CREEK PHASE FOUR, UNIT THREE", APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY - W/STIPULATIONS Item #16A20 RECORDING OF THE FINAL PLAT OF "MARBELLA LAKES", APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROV AL OF THE AMOUNT OF THE PERFORMANCE SECURITY - W/STIPULATIONS Item #16A21 INTERIM MANAGEMENT PLAN FOR THE MALT PROPERTY UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A22 INTERIM MANAGEMENT PLAN FOR THE W A TKINS/JONES PROPERTY UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM - AS DETAILED IN THE EXECUTIVE SUMMARY Page 179 January 10, 2006 Item #16Bl EASEMENT AGREEMENT AND ACCEPT A DRAINAGE EASEMENT FOR THE PURPOSE OF INSTALLING A PIPE TO CONNECT NEW AND EXISTING UNDERGROUND CULVERTS TO ALLEVIATE THE STORM WATER FLOODING WHICH OCCURS IN THE TWIN LAKES SUBDIVISION ALONG GRANADA BOULEVARD. (FY 2006 PROJECT 510058) Item #16B2 CHANGE ORDER IN THE AMOUNT OF $296,500.00 TO CH2M HILL, INC. AMENDING CONTRACT #05-3774 GORDON RIVER WATER QUALITY PARK (PROJECT NO. 510185) ENGINEERING DESIGN CONTRACT Item #16B3 ALTERNATIVE ACCESS AND RELOCATION AGREEMENT ASSOCIATED WITH THE SIX-LANING OF COLLIER BOULEVARD (CR951) FROM GOLDEN GATE BOULEVARD TO IMMOKALEE ROAD (PROJECT NO. 65061, CAPITAL IMPROVEMENT ELEMENT NO. 37). FISCAL IMPACT $92,000.00 - IN ORDER TO AVOID THE EXPENSE OF RELOCATING THE EXISTING AT&T FIBER-OPTIC FACILITIES LOCATED WITHIN THE RIGHT-OF-WAY Item #16B4 ANNUAL CONTRACT 06-3900 TO BIG CYPRESS MITIGATION BANK, LITTLE PINE ISLAND WETLAND MITIGATION, AND PANTHER ISLAND MITIGATION BANK/SOUTHWEST Page 180 January 10, 2006 FLORIDA WETLANDS JOINT VENTURE FOR WETLANDS MITIGATION CREDITS~ BID NO. 06-3900 Item #16B5 GOVERNMENTAL F ACILITIES RELOCATION AGREEMENT WITH THE FLORIDA POWER & LIGHT COMPANY IN THE ESTIMATED AMOUNT OF $551,626.67 FOR REPLACEMENT OF TRANSMISSION POLES AND HOLDING OF GUY POLES IN CONNECTION WITH THE GOODLETTE-FRANK ROAD EXPANSION PROJECT FROM GOLDEN GATE PARKWAY TO POMPEI LANE, PROJECT NO. 60005 - FOR ENGINEERING AND CONSTRUCTION SERVICES Item #16B6 COUNTY MANAGER OR HIS DESIGNEE TO EXECUTE A LICENSE AGREEMENT BETWEEN COLLIER COUNTY AND INDIVIDUALS OR BUSINESSES LICENSED TO PRACTICE SURVEYING AND MAPPING IN THE STATE OF FLORIDA TO ALLOW ACCESS TO THE COUNTY'S GLOBAL POSITIONING SYSTEM (GPS) NETWORK FOR THE PURPOSE OF SURVEYING AND MAPPING - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16B7 EXPENSES FOR MCDONALD TRANSIT THAT WERE INCURRED IN FISCAL YEAR 04/05 UNDER CONTRACT 00- 3146 THAT EXPIRED ON SEPTEMBER 30,2005 IN THE AMOUNT OF $42,000. - TO ENSURE MINIMAL SERVICE DISRUPTIONS TO THE MOST VULNERABLE MEMBERS OF Page 181 January 10, 2006 OUR COMMUNITY Item #16B8 CONTRACT AMENDMENT BETWEEN COLLIER COUNTY AND THE COMMISSION FOR THE TRANSPORTATION DISADV ANT AGED FOR FUNDING IN THE AMOUNT OF $235,466 FOR THE PROVISION OF TRANSPORTATION FOR QUALIFIED MEDICAID RECIPIENTS - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16B9 APPROVAL OF THE PARK-N-RIDE SITE IDENTIFICATION STUDY FY 2006 - TO ENSURE THAT THE PROVISION OF PUBLIC TRANSPORTATION SERVICE IS CONSISTENT WITH THE TRAVEL NEEDS AND MOBILITY GOALS OF THE LOCAL COMMUNITIES Item #16BI0 FEDERAL TRANSIT ADMINISTRATION (FTA) FY 05/065307 GRANT FUNDS FOR THE PURCHASE OF THREE TRANSIT BUSES UNDER FLORIDA PUBLIC TRANSPORTATION ASSOCIATION/HARTLINE CONTRACT #2003-07-01, TROLLEY DECAL WRAPS, AND NECESSARY EQUIPMENT (IN THE ESTIMATED AMOUNT OF $880,971) AND TO RECOGNIZE ADDITIONAL FTA FY 05/06 5307 GRANT FUNDS Item #16Cl - Moved to Item #10E Item # 16C2 Page 182 January 10, 2006 CONVEYANCE OF AN EASEMENT TO FLORIDA POWER & LIGHT COMPANY (FPL) FOR THE INSTALLATION OF UNDERGROUND ELECTRIC FACILITIES TO PROVIDE ELECTRIC SERVICE TO THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT REVERSE OSMOSIS WELLFIELD (NCRWTP RO WELLFIELD), AT A COST NOT TO EXCEED $27.00, PROJECT NUMBER 710061 - TO IMPROVE SERVICE RELIABILITY Item # 16C3 REJECTION OF TWO BIDS RECEIVED FOR BID NO. 05-3897 AND TO AUTHORIZE THE STAFF TO RE-ADVERTISE FOR THE GOLDEN GATE WELLFIELD RELIABILITY IMPROVEMENTS WELL NO. 34; PROJECT 70158 Item #16C4 WORK ORDER RKS-FT-3681-06-01 FOR PROFESSIONAL ENGINEERING SERVICES FROM RKS CONSULTING ENGINEERS, INC. FOR THE WATER AND WASTEWATER ENERGY EFFICIENCY ENHANCEMENTS IN THE AMOUNT OF $121,000, PROJECT NUMBERS 71007 AND 73071 - TO PROVIDE ELECTRICAL SYSTEMS STUDIES AND ENGINEERING ANALYSIS FOR ENERGY EFFICIENCY ENHANCEMENTS AND IMPROVE FACILITY OPERATIONS AND RELIABILITY Item #16C5 PAYMENT OF $82,339 TO DOUGLAS N. HIGGINS, Page 183 January 10, 2006 CONTRACTOR FOR THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AGENCY (FDEP) DIVISION OF RECREATION AND PARKS TOWARDS IN-KIND SERVICES IN ACCORDANCE WITH FDEP CONSENT ORDER OGC-552-11-DW PROJECT 73161 - TO REDUCE POLLUTION AND OTHER ENVIRONMENTAL RISKS RELATED TO MAINTAINING A SEPARATE WASTEWATER TREATMENT PACKAGE PLANT Item # 16C6 BID #05-3884 TO FURNISH AND DELIVER SODIUM CHLORITE TO INTERNATIONAL DIOXIDE AS THE PRIMARY CONTRACTOR AND AL TIVIA AS THE SECONDARY CONTRACTOR IN THE ESTIMATED AMOUNT OF $68,988 PER YEAR - USED FOR ODOR CONTROL DURING NCWRF'S DEWATERING PROCESS Item #16C7 SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AMENDMENT NO. DG040617-A02 EXTENDING THE ORIGINAL AGREEMENT TO PARTIALL Y FUND THE MANATEE ROAD FOUR NEW POT ABLE WATER AQUIFER STORAGE AND RECOVERY (ASR) WELLS SYSTEM, PROJECT 70157 - TO ENSURE COLLIER COUNTY MEETS FUTURE PEAK WATER DEMANDS THROUGH A TIME EXTENSION Item #16C8 RESCIND THE BID AWARD 05-3894 IN THE AMOUNT OF Page 184 January 10, 2006 $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 - (REPLACING THE EXISTING FAILING WATER MAIN AND TO ENSURE SAFE, RELIABLE POTABLE WATER FOR THE RESIDENTS) - DUE TO SIGNIFICANT CHANGES IN DESIGN Item # 16C9 PURCHASE ORDER 4500041201 IN THE AMOUNT OF $4,146,000.00 FOR PROFESSIONAL SERVICES BEING PERFORMED UNDER CONTRACT 04-3673 WITH CAROLLO ENGINEERS FOR DESIGN OF THE NORTHEAST REGIONAL WATER TREATMENT PLANT AND WATER RECLAMATION FACILITY, PROJECT NUMBERS 70902 AND 73156 - TO PROVIDE WATER TREATMENT AND SUPPLY AND WASTEWATER TREATMENT FACILITIES TO MEET DEMAND IN THE NORTHEAST REGION OF THE COUNTY Item #16Dl RESOLUTION 2006-01: DESIGNATING THE MONTH OF FEBRUARY 2006 AS DOMESTIC ANIMAL SERVICES SENIOR APPRECIATION MONTH AND PROVIDING FOR A FEE REDUCTION TO SENIOR CITIZENS IN THE AMOUNT OF $10 FOR THE ADOPTION OF DOGS AND CATS DURING THAT MONTH Item #16D2 RESOLUTION 2006-02: AUTHORIZING THE AFTER- THE- Page 185 January 10,2006 FACT SUBMITTAL OF A COMMUNITY DEVELOPMENT BLOCK GRANT FOR EXPANSION OF THE PHYSICIAN LED ACCESS NETWORK OF COLLIER COUNTY PROJECTION IN THE AMOUNT OF $85,000 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D3 EXPENDITURE OF DIRECT MATERIAL PURCHASE PROGRAM FUNDS TO PURCHASE COMMUNICATIONS SERVICES FOR NORTH COLLIER REGIONAL PARK IN THE AMOUNT OF $107,796.44 FROM AZTEK COMMUNICATIONS - TO OUTFIT NORTH COLLIER REGIONAL PARK WITH FIBER OPTIC CABLE CONNECTIONS IN AN AMPLE AND COST-EFFECTIVE MANNER Item #16E1 BUDGET AMENDMENT FOR $74,098.05 TO RECOGNIZE CARRY-FORWARD REVENUE FOR NEW AIR CONDITIONERS (PROJECT 52162) - AS DETAILED IN THE EXECUTIVE SUMMARY Item # 16E2 WAIVE FORMAL COMPETITION AND APPROVE THE PURCHASE OF ANNUAL SOFTWARE MAINTENANCE FOR THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEMS (EDMS) FOR FIVE YEARS. ($48,000) - TO PURCHASE THE SOFTWARE FROM IMAGE ONE CORPORATION Item #16E3 Page 186 January 10,2006 LICENSE AGREEMENT WITH MAYFLOWER CONGREGATIONAL UNITED CHURCH OF CHRIST, INC., FOR TEMPORARY EMPLOYEE PARKING DURING CONSTRUCTION OF NEW COUNTY FLEET, COLLIER AREA TRANSIT, AND SHERIFFS OFFICE FLEET FACILITIES AT AN ANNUAL RENTAL NOT TO EXCEED $14,400, PROJECT 520093 - LOCATED AT 2900 COUNTY BARN ROAD DIRECTLY ACROSS THE STREET FROM THE FACILITY Item #16E4 LEASE AGREEMENT WITH ROGER CARV ALLO FOR TEMPORARY OFFICE SPACE TO HOUSE THE GUARDIAN AD LITEM OFFICE DURING CONSTRUCTION FOR THE NEW COURTHOUSE ANNEX BUILDING AT A FIRST YEAR'S ANNUAL COST NOT TO EXCEED $24,744, PROJECT 525331 - LOCATED AT 2671 AIRPORT ROAD~ NAPLES Item #16E5 EXPENDITURE OF $26,825 FOR EMERGENCY RADIO TOWER REP AIRS FOLLOWING HURRICANE WILMA - TO THE ANTENNA SYSTEMS FOR COLLIER COUNTY'S 800 MHZ RADIO SYSTEM Item #16E6 - Moved to Item #10F Item #16E7 - Moved to Item #10G Item # 16E8 Page 187 January 10, 2006 AMENDMENT TO THE COLLIER COUNTY DRIVER EDUCATION GRANT PROGRAM - TO FUND DRIVER EDUCATION PROGRAMS IN PUBLIC AND NON-PUBLIC HIGH SCHOOLS IN COLLIER COUNTY Item #16Fl PAYMENT OF FUNDS TO COASTAL PLANNING AND ENGINEERING FOR WORK PERFORMED PRIOR TO THE ISSUANCE OF A PURCHASE ORDER AND NOTICE TO PROCEED FOR THE REEVALUATION OF CLAM PASS INLET MANAGEMENT PLAN PROJECT 90028 ($34,462) - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16F2 ZOLL MEDICAL CORPORATION AS THE SOLE SOURCE PROVIDER OF VARIOUS PROPRIETARY, NONINVASIVE RESUSCITATION DEVICES AND DISPOSABLE ELECTRODES AND ACCOMPANYING ACCESSORIES AT AN ESTIMATED COST FOR FISCAL YEAR 2006 OF $24,000 - TO PROVIDE RESCUE PERSONNEL STATE OF THE ART PACING AND DEFIBRILLATION EQUIPMENT FOR THE EMERGENCY TREATMENT OF CARDIAC ARREST VICTIMS Item #16F3 CHANGE ORDER NO.2 TO WORK ORDER #HM-FT -05-02, UNDER CONTRACT 01-3271 FOR $42,250 TO HUMISTON AND MOORE TO EXTEND CONSTRUCTION PHASE SERVICES THROUGH DECEMBER, 2005 AND PROVIDE LABORATORY ANALYSIS OF SAND SAMPLES AS REQUIRED BY FDEP Page 188 January 10,2006 PERMIT ON THE HIDEAWAY BEACH PROJECT NO. 90502 Item #16F4 PAYMENT OF FUNDS TO COASTAL PLANNING AND ENGINEERING FOR WORK PERFORMED PRIOR TO THE ISSUANCE OF A PURCHASE ORDER AND NOTICE TO PROCEED FOR THE PREPARATION OF FEMA FUNDING PACKAGES FOR BEACH DAMAGES FROM HURRICANE KATRINA AND WILMA PROJECT NO. 905271 ($86,265) - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16F5 A $60,000 BUDGET AMENDMENT TO FUND LEGAL FEES INCURRED IN THE LAW SUIT DWIGHT E. BROCK V. BOARD OF COUNTY COMMISSIONERS, LINDA T. SWISHER AND PAUL W WILSON, CASE NO. 04-941-CA, TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY Item #16F6 SUPPLEMENTAL BUDGET AMENDMENT IN A CENTRALIZED COST CENTER WITHIN THE GENERAL FUND FOR HURRICANE WILMA RECOVERY EFFORTS ($125,000)- AS DETAILED IN THE EXECUTIVE SUMMARY Item #16F7 CHANGE ORDER #4 WITH MARINE CONTRACTING GROUP FOR ADDITIONAL EXPENDITURE OF $210,000 UNDER CONTRACT 05-3744, PROJECT NO. 905021 AND APPROVE Page 189 January 10,2006 ALL NECESSARY BUDGET AMENDMENTS - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16H1 PAYMENT FOR REIMBURSEMENT FOR COMMISSIONER HENNING TO ATTEND THE ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY'S PRE-LEGISLATIVE LUNCHEON AT THE STRAND COUNTRY CLUB ON WEDNESDAY, DECEMBER 14,2005; $20.00 TO BE PAID FROM COMMISSIONER HENNING'S TRAVEL BUDGET - SERVING A VALID PUBLIC PURPOSE Item #16H2 PAYMENT FOR REIMBURSEMENT FOR COMMISSIONER COLETTA TO ATTEND THE GALA CELEBRATING THE 5TH ANNIVERSARY OF JERUSALEM HAITIAN COMMUNITY CENTER, INC. ON DECEMBER 10,2005; $20.00 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET- SERVING A VALID PUBLIC PURPOSE Item #16H3 PAYMENT FOR REIMBURSEMENT FOR COMMISSIONER HALAS TO ATTEND THE ECONOMIC DEVELOPMENT COUNCIL PRE-LEGISLATIVE LUNCHEON ON DECEMBER 14, 2005 AT THE STRAND COUNTRY CLUB; $20.00 TO BE PAID FROM COMMISSIONER HALAS' TRAVEL BUDGET- SERVING A VALID PUBLIC PURPOSE Item #16H4 Page 190 January 10,2006 PAYMENT FOR REIMBURSEMENT FOR COMMISSIONER HALAS TO ATTEND THE ISSUES '06 SOUTHWEST REGIONAL DELEGATION FORUM ON DECEMBER 16,2005 AT FGCU; $40.00 TO BE PAID FROM COMMISSIONER HALAS ' TRAVEL BUDGET - SERVING A VALID PUBLIC PURPOSE Item #16H5 PAYMENT FOR REIMBURSEMENT FOR COMMISSIONER FIALA TO ATTEND THE MARCO ISLAND CHAMBER OF COMMERCE CHRISTMAS ISLAND STYLE GALA ON DECEMBER 7,2005; $60.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - SERVING A VALID PUBLIC PURPOSE Item #16H6 PAYMENT FOR REIMBURSEMENT FOR PREPAYMENT FOR COMMISSIONER COLETTA TO ATTEND THE ULI SOUTHWEST FLORIDA 9TH ANNUAL WINTER INSTITUTE CONFERENCE ON FEBRUARY 3,2006; $25.00 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET- SERVING A VALID PUBLIC PURPOSE Item #16Il MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED: The following miscellaneous correspondence, as presented by Page 191 January 10, 2006 the Board of County Commissioners, has been directed to the various departments as indicated: Page 192 1. FOR BOARD ACTION: BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE . January 10, 2006 A. No items for board action. 2. 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) November 19, 2005 - November 25,2005. (2) November 26,2005 - December 2,2005. B. Districts : (1) Port of the Islands Community Improvement District: Minutes of September 23, 2005; Agenda of September 23, 2005. (2) Heritaoe Greens Community Development District: Minutes of August 8, 2005; Agenda of August 8, 2005. C. Minutes: (1) Conservation Collier land Acquisition Advisory Committee: Agenda of November 14, 2005; Minutes of October 10, 2005. (2) Collier County library Advisory Board: Agenda of October 26,2005 (cancelled due to the hurricane); Minutes of September 28,2005. (3) Development Services Advisory Committee: Agenda of October 5, 2005; Minutes of October 5, 2005. (4) Parks & Recreation Advisory Board: Agenda of October 19,2005, Minutes of October 19, 2005. . (5) Golden Gate Estates Land Trust Committee: Minutes of July 25, 2005. (6) Collier County HistoricallArchaeolooical Preservation Board: Agenda of November 16,2005; Minutes of October 19, 2005. (7) Collier County Plan nino Commission: Agenda of November 17, 2005; Minutes of September 30, 2005. H:\DA T A \Melanie\2006 Miscellaneous Correspondence\ 1.10.06 Misc. Corresp. Memo.doc (8) Domestic Animal Services Advisory Committee: Minutes of October 18, 2005. (9) Vanderbilt Beach MSTU Advisory Committee: Agenda of December 1, 2005; Minutes of November 3, 2005. (10) Bavshore/Gatewav Triangle local Redevelopment Advisory Board: Minutes of April 4, 2005; Minutes of April 5, 2005; Agenda of April 26, 2005; Minutes of April 26, 2005; Minutes of May 2, 2005; Minutes of May 3, 2005; Agenda of May 11, 2005; Minutes of May 11, 2005; Minutes of May 23, 2005; Minutes of May 24, 2005; Agenda of June 7, 2005; Minutes of June 7,2005; Agenda of July 12,2005; Minutes of July 12, 2005; Agenda of August 2, 2005; Minutes of August 2, 2005. D. Other: (1) Caribbean Gardens Blue Ribbon Committee: Minutes of September 12, 2005; Minutes of September 23, 2005 (2) letter dated November 7,2005, from Mike Sheffield, Assistant to the County Manager, to Sheriff Don Hunter regarding public records request. H:\DA T A \Melanie\2006 Miscellaneous Correspondence\ 1.10.06 Misc. Corresp. Memo.doc January 10, 2006 Item #16J1 SUPERVISOR OF ELECTIONS TO ACCEPT VOTER EDUCATION FUNDS WITH A 15% MATCHING CONTRIBUTION ($49,121.91) - FOR ADDITIONAL VOTER EDUCATION TRAINING BEYOND THE CURRENT PROGRAMS Item #16J2 CREATION OF A CRIMINAL CASE MANAGEMENT SYSTEM, INCLUDING THE CREATION OF A CASE MANAGEMENT COORDINATOR POSITION, TO EXPEDITE CASES THROUGH CRIMINAL COURT SYSTEM (FY06 COSTS OF $38,100). - TO MONITOR CASE PROGRESSION, INMATE LENGTH OF STAY PRIOR TO ADJUDICATION, JAIL POPULATION AND TO ESTABLISH WORKING POLICIES THAT EXPEDITE CASES THROUGH THE CRIMINAL COURT SYSTEM Item # 16J3 INTER-LOCAL AGREEMENT FOR ELECTION SERVICES WHICH LEASES THE COUNTY-OWNED VOTING MACHINES TO THE CITY OF NAPLES FOR USE IN THE CITY'S FEBRUARY 7, 2006 ELECTION, AND TO AUTHORIZE THE EXECUTION OF THIS AGREEMENT BY THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS $12,500.00 IS THE FEE FOR LEASING THE EQUIPMENT AND THE SUPERVISOR OF ELECTIONS WILL BE REIMBURSED FOR ALL COSTS ASSOCIATED WITH THE ELECTION Item #16K1 Page 193 January 10,2006 BUSINESS DAMAGE OFFER TO SETTLE A CLAIM FOR BUSINESS DAMAGES BY WORK-A-HOLICS LANDSCAPE MANAGEMENT, INC. RESULTING FROM THE ACQUISITION OF PARCELS 103A, 103B, 103C, 103D, 103E AND 703 IN THE CASE STYLED COLLIER COUNTY V. CULLEN Z. WALKER, ET AL., CASE NO. 05-0728-CA (LOGAN BOULEVARD PROJECT #60166) (FISCAL IMPACT~ IF ACCEPTED IS $550~000). Item #16K2 OFFER OF JUDGMENT IN THE AMOUNT OF $53,130.00 AS TO PARCELS 115 & 715 IN THE LAWSUIT STYLED COLLIER COUNTY V. RAFAEL LIY, ET AL., CASE NO. 05-752-CA (COLLIER BLVD. PROJECT NO. 65061). (FISCAL IMPACT $13~970.55~ IF OFFER ACCEPTED) Item #16K3 OFFER OF JUDGMENT IN THE AMOUNT OF $37,605.00 AS TO PARCELS 122 & 722 IN THE LAWSUIT STYLED COLLIER COUNTY V. GULFSTREAM HOMES, INC., ET AL., CASE NO. 05- 758-CA (COLLIER BLVD. PROJECT NO. 65061). (FISCAL IMPACT $7~827.15, IF OFFER ACCEPTED) Item # 1 7 A RESOLUTION 2006-03: CU-2005-AR-7749; LIVING WORD FAMILY CHURCH, REPRESENTED BY LAURA SPURGEON, AICP, OF JOHNSON ENGINEERING, IS REQUESTING A CONDITIONAL USE PURSUANT TO SECTION 2.04.03 (TABLE 2) OF THE COLLIER COUNTY LAND DEVELOPMENT CODE Page 194 January 10,2006 (LDC) FOR THE PROPERTY TO BE USED FOR A CHURCH FACILITY IN THE RURAL AGRICULTURAL (A) ZONING DISTRICT. THE SUBJECT PROPERTY, CONSISTING OF 18.1 +/- ACRES, IS LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD, APPROXIMATELY 2 12 MILES EAST OF CR 951 IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST~ COLLIER COUNTY~ FLORIDA Item #17B - Moved to Item #8A Page 195 January 10, 2006 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:31 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~>~J' FRANK HALAS, Chairman ATTEST: . .' DWIGl!T:E::Bi{~CK, CLERK '...,. . t " By: ~c These minutes approved by the Board on:l.th ./4, tRfIJ , as presented v or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. Page 196