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BCC Minutes 03/14/2006 R March 14, 2006 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, March 14, 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: Frank Halas Jim Coletta Fred W. Coyle Donna Fiala Tom Henning ALSO PRESENT: Jim Mudd, County Manager David Weigel, County Attorney Derrick J ohnssen, Office of the Clerk of Court Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS L-, -:: AGENDA March 14, 2006 9:00 AM Frank Halas, Chairman, District 2 Jim Coletta, Vice-Chairman, District 5 Donna Fiala, Commissioner, District 1 Tom Henning, Commissioner, District 3 Fred W. Coyle, Commissioner, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2004-05, AS AMENDED REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 1 March 14, 2006 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. Reverend Robert Hinklin, East Naples United Methodist Church 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. February 8,2006 - BCC/LDC Meeting C. February 14,2006 - BCC/Regular Meeting D. February 22,2006 - BCC/District 2 Town Hall Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards 1) 5 year Recipient: 2) Robert Slebodnik - Lely Golf Estates Beautification Advisory Committee 4. PROCLAMATIONS Page 2 March 14, 2006 A. Proclamation designating March 13 through 17, 2006, as the 27th Anniversary of the Know Your County Government Week. To be accepted by Stephen Edlund, Barron Collier High School, and Callie Garrett, Naples High School. B. Proclamation honoring the NCH Healthcare System, its staff, physicians, Board of Trustees and its volunteers on its 50th Anniversary of providing excellent medical services and care to the community. To be accepted by Edward Morton, CEO and Allen Weiss, M.D., President. C. Proclamation designating March 14,2006 as The Copeland Workforce Day. To be accepted by Pastor Gilmore. D. Proclamation recognizing the FlaW ARN crews from the City of Punta Gorda, the City of Tampa, Hernando County, Pinellas County and the City of Bradenton be recognized and their invaluable assistance to the citizens of Collier County in our recovery from Hurricane Wilma. To be accepted by Jim DeLony and George Yilmaz. 5. PRESENTATIONS 6. PUBLIC PETITIONS A. Public Petition request by Peter Gaddy to discuss transportation options for the Estate's area. B. Public Petition request by Raymond Paull to discuss a two-month extension for Waterside Shops Work Restriction Exemption. Item 7 and 8 to be heard no sooner than 1 :00 p.m.~ unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item to be heard at 2:00 p.m. ADA-2005-AR-8497, The Vanderbilt Beach Property Owners Association, Vanderbilt Beach and Bay Association and Vanderbilt Beach Zoning Committee appealing and administrative decision specifically asking to overturn the granted administrative variance (A V A-2005-AR-782l) for property located at 316 Flamingo Avenue. (Appellant's Hearing Exhibits are on display in the County Manager's Page 3 March 14,2006 Office, 2nd Floor, Building F, Collier County Government Center) B. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. V A-2005-AR-86l6, Daniel Hamilton, represented by Davidson Engineering, requesting a 2.5- foot after-the-fact variance from the required 37.5-foot front yard setback for a corner lot in the (E) Estates zoning district to permit a single-family home that is currently under construction. The subject property, consisting of 2.58 acres, is located at 4625 30th Avenue S.E., in Section 28, Township 49 South, Range 28 East, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS A. This item to be heard at 1 :00 p.m. Recommendation that the Board of County Commissioners adopt an Ordinance amending Schedule Three of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance), to reflect the amended rates set forth in the impact fee study, providing for the incorporation by reference of the impact fee study entitled, Park Impact Fee Update, prepared for Collier County, Florida, updating the methodology for the annual indexing adjustment to the Park Impact Fee Rates, and providing for a delayed effective date of May 15, 2006. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Animal Services Advisory Board. B. Appointment of member to the Tourist Development Council. C. Confirmation of appointment of member to the Contractors Licensing Board. D. Appointment of member to the Historical/Archaeological Preservation Board. E. Recommendation to approve a resolution supporting the proposed Permanent Protection for Florida Act of 2006, as proposed by U.S. Senators Mel Martinez and Bill Nelson, which protects the State from the threat of offshore drilling. (Commissioner Coletta) Page 4 March 14, 2006 10. COUNTY MANAGER'S REPORT A. This item to be heard at 11:00 a.m. To review the written and oral reports of the following Advisory Boards and Committees scheduled for review in 2006 in accordance with Ordinance No. 2001-55: Affordable Housing Commission, Black Affairs Advisory Board, Collier County Citizen Corps, Forest Lakes Roadway and Drainage Advisory Committee and Hispanic Affairs Advisory Board. (Michael Sheffield, Assistant to the County Manager) B. Recommendation to approve the Project Agreement with the Natural Resources Conservation Service in Support of Hurricane Wilma Recovery Efforts in Collier County, and approve a purchase order to Crowder-Gulf, Inc. in the amount of$1,215,000.00 plus a 10% contingency of$12l,500.00 for canal debris removal for a total of$1,336,500.00 and approve a purchase order to R.W. Beck, Inc. in the amount of $86,982.00 for monitoring of disaster generated debris management plus a 10% contingency of $8,698.00 for a total of $95,680.00 and approve the necessary Budget Amendment. (Norman Feder, Administrator, Transportation Services) C. This item to be heard at 10:00 a.m. Recommendation to approve contract for RFP #05-3770, "Design-Build" services for capacity improvements to Immokalee Road from immediately east of 1-75 to 2,000' east of CR 951 Collier Boulevard", County Project No. 69101. (Norman Feder, Administrator, Transportation Services) D. Recommendation to approve the associated expenses not to exceed $5,000 while Collier County hosts the Southwest Florida Consortium Legislative Day in Tallahassee on March 23,2006 which includes providing breakfast and lunch to County Commissioners and staff of participating counties and municipalities. (Debbie Wight, Assistant to the County Manager) E. That the Board of County Commissioners adopts budget policies as detailed in the attachments to this Executive Summary, establishes June budget workshop dates and September public hearing dates. (Mike Smykowski, Director, Office of Management and Budget) 11. PUBLIC COMMENTS ON GENERAL TOPICS Page 5 March 14, 2006 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 the water utility facility for Ave Maria University Multi Purpose Facility at the Vineyards. 2) Recommendation to approve for recording the final plat of Reflection Lakes at Naples Phase 3H, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security 3) Recommendation to approve for recording the final plat of Reflection Lakes at Naples Phase 31, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 4) Recommendation to approve for recording the final plat of Bristol Pines Phase I, Tract X-I, Tract R and Tract R-l, Replat. 5) Recommendation to approve for recording the final plat of Copper Cove Preserve, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Page 6 March 14,2006 6) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Olde Cypress, Unit One. The roadway and drainage improvements will be privately maintained. 7) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Olde Cypress, Unit Three. The roadway and drainage improvements will be privately maintained. 8) Recommendation to approve for recording the final plat of Reflection Lakes at Naples Phase 3J, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 9) Recommendation to approve for recording the final plat of Reflection Lakes at Naples Phase 3K, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 10) Recommendation to approve for recording the final plat of Reflection Lakes at Naples Phase 3G, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 11) Recommendation to authorize the County Manager or his designee to submit a grant application to the Florida Department of Environmental Protection (FDEP) Bureau of Invasive Plant Management (BIPM) administered through the Southwest Florida Invasive Species Working Group for contractor services to remove invasive exotic vegetation from the Conservation Collier Watkins- Jones Property. ($21,000) 12) Recommendation to authorize the County Manager or his designee to submit a grant application to the Florida Department of Environmental Protection Bureau of Invasive Plant Management (BIPM) for contractor services to fund invasive exotic vegetation removal on the Conservation Collier McIntosh Property. ($50,000) Page 7 March 14, 2006 13) Recommendation to approve an impact fee reimbursement requested by PJM Limited Partnership, LLLP totaling $212,114.56 due to the approval of affordable housing impact fee deferral agreements. 14) Recommendation to approve a Contract Amendment, to contract number 04-3682 Consultant Services for Impact Fee Studies-Law Enforcement with Tindale-Oliver and Associates, Incorporated, in the amount of $6,900 to provide for required updates to the cost and credit components of the impact fee study. 15) Recommendation to approve and execute a Lease Agreement with CPOC Realty, LLC for office space to accommodate the Housing and Grants Section of the Operations Support and Housing Department at a first years annual cost for rent and common area maintenance fees of $70,957.76. 16) CARNY-06-AR-92 1 1, Peg Ruby, Marketing/Special Events Coordinator, Collier County Parks and Recreation Department, requesting a permit to conduct the annual Eagle Lakes Community Park Spring Fest on March 30 through April 2, 2006, at the Eagle Lakes Community Park located at 11565 Tamiami Trail East. 17) CARNY-06-AR-9285, Ellen Barkin, Community Center Supervisor, Collier County Parks and Recreation Department, requesting a permit to conduct the Golden Gate Community Festival on March 23 through March 26, 2006, at the Golden Gate Community Center, located at 4701 Golden Gate Parkway. 18) Recommendation to approve final acceptance of the water utility facility for Canterbury Facility - Ave Maria University at The Vineyards. 19) Recommendation to approve final acceptance of the water and sewer utility facilities for Quail West Phase 3 Unit 4. 20) Recommendation to approve for recording the final plat of Quarry Phase 2, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Page 8 March 14, 2006 B. TRANSPORTATION SERVICES 1) Recommendation to award Bid #05-3899, Livingston Roadway Lighting Maintenance Contract, to Kent Technologies, Inc. ($86,000) 2) Recommendation to approve an agreement to construct a sound attenuation wall and authorize the acceptance of temporary construction easements necessary for construction of the sound attenuation wall as part of the four-lane expansion of County Barn Road from Rattlesnake Hammock Road to Davis Boulevard. (Capital Improvement Element No. 33, Project No. 60101). Estimated fiscal impact: $340,000.00, which will be included in the cost of construction which will be presented to the Board as part of the executive summary for the bid award. 3) Recommendation to accept the conveyance of right-of-way via quitclaim deed which is required for intersection improvements at Davis Boulevard and Lakewood Boulevard, Project Number 60016 (Fiscal Impact: $527.00). 4) Recommends Board's Approval of Adopt-A-Road Agreement (1) for the following: Remembrance of Carmen Sarmiento. 5) Recommendation to approve a new Staff Services Agreement between Collier County Government and the Collier Metropolitan Planning Organization. 6) Recommendation to approve a sole-source purchase of Cartegraph computer software licenses and implementation services for asset management for the Collier County Transportation Division Traffic Operations Department. Fiscal Impact: $93,100.00 7) Recommendation that the Board approve and authorize the Chairman to sign (1) a Landscaping Installation and Maintenance Highway Agreement (Agreement) with the Florida Department of Transportation (FDOT) for median and roadside landscape improvements along US 41 North, between Immokalee Road and Wiggins Pass Road; and (2) a FDOT -required Resolution evidencing that the Board has approved and authorized the Chairman to sign this Page 9 March 14,2006 Agreement. C. PUBLIC UTILITIES 1) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the county has received payment and said Liens are satisfied in full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. 2) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. 3) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $50.00 to record the Satisfactions of Lien. 4) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $110.00 to record the Satisfactions of Lien. 5) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $90.00 to record the Satisfactions of Lien. 6) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $120.00 to record the Satisfactions of Lien. Page 10 March 14,2006 7) Recommendation to approve a change order in the amount of $77,768.52 to Contract 04-3680 with Belair Builders, Inc. for installation of Collier Boulevard (CR-95l)/Vanderbilt Beach Road (CR-862) 16 Force Main, Project Numbers 73085 and 73086. D. PUBLIC SERVICES 1) Recommendation to approve an Agreement for Sale and Purchase to acquire a residential lot for expansion of the Countys Bayview Park at a cost not to exceed $252,700, Project 800601. 2) Recommendation to recognize additional revenue and approve a budget amendment for an additional $19,592 authorized by the State Aid to Library Program for Collier County Public Library. 3) Recommendation to approve the submittal of a grant application to the Florida Department of State, Division of Library and Information Services for $9,980 for "Assistive Equipment for Vision & Hearing Impaired Patrons." 4) Recommendation to approve extended hours of operation and a noise abatement policy for Caxambas Park. E. ADMINISTRATIVE SERVICES 1) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. 2) Recommendation to award Bid No. 06-3943, Employment Physicals & Drug Testing to Anchor Health Centers, Inc. in the amount of $35,000. 3) Recommendation to approve and execute a Lease Agreement with Senator Mel Martinez for use of office space at the Government Center for an annual rent of $4,248. F. COUNTY MANAGER 1) Approve Budget Amendments. Page 11 March 14,2006 2) Recommendation to approve the submittal of a Florida Emergency Medical Services Matching Grant Application and Grant Distribution Form for the Power Cots Program in the amount of $293,384.00. 3) Recommendation to approve the submittal of a Florida Emergency Medical Services Matching Grant Application and Grant Distribution Form for the Stair Chair Program in the amount of $64,948.10. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation to approve the creation of one 0.5 full time equivalent (FTE) employee for the Marco Island Executive Airport. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Gulf Citrus Best Management Practices kickoff event on February 1, 2006 at A Duda & Sons in Hendry County; $10.00 to be paid from Commissioner Halas travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation that the Board of County Commissioners approve a document for Tenth Year State Criminal Alien Assistance Program (SCAAP) Grant Funds. 2) Recommendation That The Board Of County Commissioners Approve The Attached Agreement Authorizing The Collier County Sheriffs Office To Have Traffic Control Jurisdiction Over Private Roads Within The Indigo Lakes Subdivision. K. COUNTY ATTORNEY Page 12 March 14,2006 1) Recommendation to approve the Offer of Judgment in the amount of $12,000.00 as to Parcels 124 and 724 in the lawsuit styled Collier County v. Richard D. Lyons as Trustee of Land Trust No. 11304, et aI., Case No. 04-3779-CA (Immokalee Road Project No. 66042). (Fiscal Impact $2,800.00) 2) Approve an Extension of Time to Conclude F.S. Chapter 164 Proceedings and Approve Stipulation for Extension of Time in Reference to the Inverse Condemnation Lawsuit of Bernard J. and Helen R. Nobel, and Vincent D. Doerr vs. Collier County, in Case No. 05-0064-CA for further attempts by the Staffs of the South Florida Water Management District, The State of Florida Division of Lands, and the County to reach an Agreement in the Matter. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL P ARTICIP ANTS MUST BE SWORN IN. A. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation that the Board of County Commissioners approve Petition SNR-2005-AR-8899, by Beazer Homes, represented by Scott Osmond, requesting a street name change from Inlet Cove Court to Blossom Court for property in Valencia Lakes Phase 7-A, located within Sections 22 and 23, Township 48 South, Range 27 East. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 13 March 14,2006 March 14, 2006 MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, you have a hot mike. CHAIRMAN HALAS: Good morning, ladies and gentlemen. The Collier County Commission is now in session. Would you please rise for the invocation this morning by Reverend Robert Hinklin, East Naples United Methodist Church, followed by the Pledge of Allegiance. REVEREND HINKLIN: Which side? CHAIRMAN HALAS: Either side, sir. REVEREND HINKLIN: Let us be in an attitude of prayer. Almighty and everlasting God, we pray your blessing to be upon the proceedings of this day, the business and the business that occupy our lives. We pray your special blessing to be upon each of the commissioners as they make the decisions that help govern our community. We pray your blessing to be upon them, as they may have the wisdom and the discretion and discernment to learn from many commissioners of times past and to learn of the will and desire of the community which they serve. We pray your blessing to be upon those who protect and serve our community here. We pray your blessing to be upon those who respond to tragedy and distress, upon all those who provide the municipal services that we, as a community together, may help make this the beautiful place that Collier County continues to be, a place of sunshine, of desire and hope. Guide us and strengthen each of us as citizens as well. In the name of God we pray, in Jesus Christ. Amen. (The Pledge of Allegiance was recited in unison.) CHAIRMAN HALAS: Thank you very much. In the midst of our audience this morning we have a group of young adults that are involved with the 4-H here in Collier County, and they're here today to actually see how government is -- presides over issues of land or Page 2 March 14,2006 other issues and contracts of what makes the government run here, and we're very pleased to have each of you children -- or each of you young adults here today. At that, I'll turn this over to the county manager for any updates or changes in the -- today's agenda. MR. MUDD: Commissioner, just in case -- that these young adults are looking a little bit older, could I please have a show of hand of those folks that are here today with that group? Come on, guys. There you go. There they are. Thank you. Item #2A CONSENT, SUMMARY AND REGULAR AGENDA- APPROVED AND/OR ADOPTED WITH CHANGES The -- Commissioner, the agenda changes for the Board of County Commissioners meeting for March 14, 2006. The first item is to continue item 16B5 to April 25, 2006, BCC meeting. It's a recommendation to approve a new staff services agreement between the Collier County government and the Collier Metropolitan Planning Organization and that continuance was at staff's request. The next item is to move item 16D4 to item 10F, and that's a recommendation to approve extended hours of operation and the noise abatement policy for Caxambas Pass; that move was at Commissioner Fiala's request. The next item is to continue indefinitely item 16G 1, and that is a recommendation to approve the creation of one-half full-time equivalent FTE employee for the Marco Island Executive Airport, and that was at -- that's at staffs request. The next item is to move 16J2 to 13A, and that's a Page 3 March 14, 2006 recommendation that the Board of County Commissioners approve the attached agreement authorizing the Collier County Sheriffs Office to have traffic control jurisdiction over private roads within the Indigo Lakes subdivision, and that's at Commissioner Coyle's request. This next item is not on your sheet, and I was just informed of it at about five minutes to the hour, that's why I was just a little late coming up here, and that's to indefinitely continue item 16A6, and this was a good catch on Commissioner Henning's part yesterday when I met him, and the staff's been doing research last night and this mornIng. And 16A6 is a recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Olde Cypress, unit one. The roadway and drainage improvements will be privately maintained. And the reason for that continuance is the drainage for Logan Boulevard is in that unit one acceptance, and that - and they're supposed to accept the drainage off that road in that particular thing, and those particular items are not worked out in finality yet, so we want to continue this item indefinitely until that -- until they are done. And I'm sorry for the inconvenience of not having this printed on the sheet. There's a couple of notes. Item 7 A. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members, and that sentence was omitted on 7 A, but I'll read it again when we get to that particular item. Next item is 7B. It's -- the resolution of this item was omitted from the printed agenda package. That resolution has been given to commissioners since that time and copies have been made available. There's copies in the BCC office and in the County Manager's Office in addition to what was already distributed. Page 4 March 14, 2006 Next item is item 16El. The report cover period is January 20, 2006, through February 17,2006, instead of what was on the executive summary that had a year 2005 on it, and that correction is at staffs request. And with the board's indulgence, I'll just talk about a couple time certains that we have today, and we have a number of them. First item is item 7 A, and that's to be heard at two p.m., and that has to do with the Vanderbilt Beach Property Owners' Association and Vanderbilt Beach and Bay Association and Vanderbilt Beach Zoning Committee appealing the administrative decision specifically asking to overturn the granted administrative variance for the property located at 316 Flamingo Avenue. The next time certain item is item 8A, to be heard at one p.m., and that's a recommendation the Board of Commissioners adopt an ordinance amending schedule three of appendix A of chapter 74 of the Collier County codes and ordinances, and it's basically the park impact fee rate update -- excuse me - annual indexing and update on the park impact fees. The next time certain item is item lOA, and that's to be heard at 11 a.m., and this is to review the written and oral reports of the following advisory boards and committees scheduled for review in 2006 in accordance with ordinance number 2001-55, and those commissions and advisory boards that you're going to be hearing from today at -- starting at 11 o'clock, are Affordable Housing Commission, the Black Affairs Advisory Board, the Collier County Citizens' Corps, the Forest Lakes Roadway and Drainage Advisory Committee, and the Hispanic Affairs Advisory Board. Next time certain item is item 10C, to be heard at 10 a.m., and that's a recommendation to approve a contract for RFP number 05- 3770, design-build services for capacity improvements to Immokalee Page 5 March 14, 2006 Road from immediately east of 1-75 to 2,000 feet east of County Road 951, Collier Boulevard. It's county project 69101. Next time certain item is item 10F, to be heard at 3:30 p.m., and that's a recommendation to approve extended hours of operation and the noise abatement policy for Caxambas Park. And the last time certain and the last item that I have on my sheet is item 13A, to be heard at four p.m., and that's a recommendation that the Board of County Commissioners approve the attached agreement authorizing the Collier County Sheriff's Office to have traffic control jurisdiction over private roads in the Indigo Lakes Subdivision, and that particular item was brought forward by Commissioner Coyle, and the time certain was to let the sheriff know that -- when it could be heard on the board's agenda. That's all I have, sir. CHAIRMAN HALAS: Thank you very much, County Manager. County Attorney? MR. WEIGEL: I think the county manager's covered it all, thank you. CHAIRMAN HALAS: Okay. We'll start with ex parte from the commissioners today in regards to the approval of the regular agenda, consent agenda, and the summary agenda, and we'll start with Commissioner Coyle. COMMISSIONER COYLE: I have no further changes to the agenda, and I have no ex parte disclosures for the summary agenda. CHAIRMAN HALAS: Commissioner Coletta? COMMISSIONER COLETTA: I also have no changes to the agenda and nothing to disclose on the summary agenda. CHAIRMAN HALAS: I have no changes that I need to make on the agenda, and I don't have any ex parte on the summary agenda. Commissioner Fiala? COMMISSIONER FIALA: Yes. I have no changes to the Page 6 March 14, 2006 agenda, no ex parte. And I just wanted to remind my fellow commissioners that I have to leave here at 10 to 10 to be over at the Canvassing Board. By law one of us must be there, as we now are working on the Marco Island election. COMMISSIONER HENNING: You're going to be back by two, I hope? COMMISSIONER FIALA: Oh, yeah. I'll be back. I shouldn't be gone long. COMMISSIONER COYLE: Who's going to win? (No response.) CHAIRMAN HALAS: Commissioner Henning? COMMISSIONER HENNING: No changes to today's agenda, and I have no ex parte on today's summary agenda. CHAIRMAN HALAS: Okay. Motion for the approval of today's agenda. COMMISSIONER COYLE: So moved. COMMISSIONER FIALA: Second. CHAIRMAN HALAS: Okay. We have a motion by Commissioner Coyle for approval and a second by Commissioner Fiala. All those in favor, signify -- signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign? (No response.) CHAIRMAN HALAS: Passes unanimously. Page 7 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING March 14.2006 Continue Item 16B5 to ADril25. 2006 BCC meetina: Recommendation to approve a new Staff Services Agreement between Collier County Government and the Collier Metropolitan Planning Organization. (Staff's request.) Move Item 16D4 to Item 10F: Recommendation to approve extended hours of operation and a noise abatement policy for Caxambas Park. (Commissioner Fiala's request) Continue Indefinitelv Item 16G1: Recommendation to approve the creation of one 0.5 full time equivalent (FTE) employee for the Marco Island Executive Airport. (Staff's request.) Move 16J2 to 13A: Recommendation that the Board of County Commissioners approve the attached agreement authorizing the Collier County Sheriff's Office to have traffic control jurisdiction over private roads within the Indigo lakes Subdivision. (Commissioner Coyle's request.) Note: Item 7 A: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. (Staff's request) Item 78: The Resolution for this item was omitted from the printed agenda packet. Copies have been made available. (Staff's request.) Item 16E1: The report cover period is January 20, 2006 through February 17, 2006. (The report date as shown in the executive summary stated 2005.) (Staff's request) Time Certain Items: Item 7A to be heard at 2:00 D.m. ADA-2005-AR-8497, The Vanderbilt Beach Property Owners Association, Vanderbilt Beach and Bay Association and Vanderbilt Beach Zoning Committee appealing and administrative decision specifically asking to overturn the granted administrative variance (AVA-2005-AR- 7821) for property located at 316 Flamingo Avenue. Item 8A to be heard at 1 :00 D.m. Recommendation that the Board of County Commissioners adopt an Ordinance amending Schedule Three of Appendix A of Chapter 74 of the Collier County Code of laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance), to reflect the amended rates set forth in the impact fee study, providing for the incorporation by reference of the impact fee study entitled, "Park Impact Fee Update, prepared for Collier County, Florida", updating the methodology for the annual indexing adjustment to the Park Impact Fee Rates, and providing for a delayed effective date of May 15,2006. Item 10A to be heard at 11 :00 a.m. To review the written and oral reports of the following Advisory Boards and Committees scheduled for review in 2006 in accordance with Ordinance No. 2001-55: Affordable Housing Commission, Black Affairs Advisory Board, Collier County Citizen Corps, Forest lakes Roadway and Drainage Advisory Committee and Hispanic Affairs Advisory Board. Item 10C to be heard at 10:00 a.m. Recommendation to approve contract for RFP #05-3770, "Design- Build" services for capacity improvements to Immokalee Road from immediately east of 1-75 to 2,000' east of CR 951 Collier Boulevard", County Project No. 69101. Item 10F to be heard at 3:30 D.m. Recommendation to approve extended hours of operation and a noise abatement policy for Caxambas Park. Item 13A to be heard at 4:00 D.m. Recommendation that the Board of County Commissioners approve the attached agreement authorizing the Collier County Sheriff's Office to have traffic control jurisdiction over private roads within the Indigo lakes Subdivision. March 14, 2006 Item #2B, #2C, and #2D MINUTES OF THE FEBRUARY 8, 2006 BCC/LDC MEETING; FEBRUARY 14, 2006 BCC REGULAR MEETING AND THE FEBRUARY 22, 2006 BCC DISTRICT 2 TOWN HALL MEETING - APPROVED AND/OR ADOPTED WITH CHANGES I need a motion for approval for the February 8, 2006, BCC/LDC meeting; February 14, 2006, BCC/regular meeting; and February 22, 2006, BCC/District 2 town hall meeting. COMMISSIONER COLETTA: So moved. COMMISSIONER FIALA: Second. CHAIRMAN HALAS: Okay. We have a motion for approval of those meetings by Commissioner Coletta, and second by Commissioner Fiala. All those approve -- all those for approval, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Okay. Opposed, by like sign? (N 0 response.) CHAIRMAN HALAS: Carries unanimously. Item #3A PRESENTATION OF THE ADVISORY COMMITTEE SERVICE AWARD TO ROBERT SLEBODNIK - PRESENTED MR. MUDD: Commissioner, that brings us to service Page 8 March 14, 2006 awards, employee and advisory board members, and we have one __ one award, and that's for advisory committee service awards, and this is a five-year recipient. Would Mr. Robert Slebodnik for the Lely Golf Estates Beautification Advisory Committee come forward? And he's served five years on this particular advisory board. And everybody out there, including our junior political science maj ors out here, need to understand that this is significant. Members of the community volunteer their time in order to serve on advisory boards so they can help out their government. So it doesn't stop just when you're young. It keeps going as you go through it. So I'd like to have everybody thank Mr. Robert Slebodnik with a round of applause. (Applause. ) CHAIRMAN HALAS: Robert, thank you so much. Okay. Robert, we'll have you stand right here in the center so we can get a picture of you. Thank you very much. Item #4A PROCLAMATION DESIGNATING MARCH 13 THROUGH 17, 2006, AS THE 27TH ANNIVERSARY OF THE KNOW YOUR COUNTY GOVERNMENT WEEK - ADOPTED MR. MUDD: Commissioner, that brings us to proclamations. And the first proclamation is 4A. It's a proclamation designating March 13th through the 17th, 2006, as the 27th anniversary of Know Your County Government Week, to be accepted by Stephen Edlund of the Barron Collier High School, and Carrie Garnett (sic) of the Naples High School. Page 9 March 14, 2006 COMMISSIONER COYLE: I think that's Callie, isn't it? MR. MUDD: Callie, excuse me. Okay. Would you please come forward. Come on, come on. Everybody come on. COMMISSIONER COYLE: Yeah. Why don't we get everybody up here. All of you want to come up here? MR. MUDD: Come on, everybody. Let's take a group picture. COMMISSIONER COYLE: Good. We'll shake your hands after all this is over, okay? Otherwise, we're going to be worn out by this. Everybody all set? I hope you understand that it's going to take more than just one week to understand your government. We've been at it for years, and we still don't understand it. Nevertheless, I'm going to read this proclamation for you. Whereas, county government is a complex and multi-faceted process which affects the lives of all residents of Collier County; and, Whereas, an increased knowledge of how various aspects of county government work can enhance an individual's quality of life in Collier County; and, Whereas, it is desirable for all county residents to be knowledgeable of the county's government and how it works; and, Whereas, the League of Women Voters of Collier County, Collier County University Extension 4-H Youth Development, and the Collier County public schools have co-sponsored the Know Your County Government teen citizenship program for 27 years. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of March 13 through 17, 2006, be designated as the 27th anniversary of the Know Your Government Week (sic). Done and ordered this 14th day of March, 2006, Board of County Commissioners, Collier County, Florida, Frank Halas, chairman. Page 10 March 14, 2006 Mr. Chairman, I make a motion we accept this proclamation. COMMISSIONER COLETTA: Second. CHAIRMAN HALAS: Okay. A motion's been made to accept this proclamation, and a second. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign? (N 0 response.) CHAIRMAN HALAS: Unanimous. COMMISSIONER COYLE: Okay. Now, where's Callie and Steven? Okay. There. You can hold that out front there so -_ COMMISSIONER FIALA: Take that orange tag off of there maybe. MR. MUDD: Okay. Now everybody has to smile. COMMISSIONER FIALA: Do each one of them have to read our agenda packet? MR. MUDD: They had to. Thank you. (Applause.) MR. MUDD: And I believe we have comments, sir. CHAIRMAN HALAS: Yes. Would you please go ahead. MR. EDLUND: Good morning. I'm Stephen Edlund. MS. GARRETT: And I'm Callie Garrett. Before we start we would like to give a round of applause to Mr. Randy Riner, who has been with this program since 1991 and is now leaving Collier County. (Applause.) Page 11 March 14, 2006 MR. EDLUND: Throughout the past three weeks, we have fulfilled a both exciting and educational itinerary by visiting the property appraiser's office, the sheriff's department, the supervisor of collections, the tax collector's office, the wastewater plant, Collier South Water Treatment Plant, the county landfill, domestic animal services, Collier County Museum, Immokalee High School, University of Florida's IF AS (phonetic) Extension Office, the Collier County Health Department, the emergency -- and the emergency management services. Some of the things we learned about the program included the history of Collier County through the Collier County Museum, the future growth of Collier County, the importance of recycling due to limited landfill space, the future attractions coming soon to Collier County such as the North Naples Regional Park, the importance of Immokalee and its international presence in trade practices, Immokalee's diverse population, and the transportation issues of Collier County and their solutions. MS. GARRETT: And this was all because of you. We wish to thank the county commission, the county manager, and all the division and department heads, the constitutional officers, and adults from Collier County University of Florida IFAS Extension 4-H Youth Development Program, Collier County League of Women Voters and Collier County public schools who have worked together to make the Know Your County Government program possible. Thirty-one high school students from throughout the county are participating, representing Naples, Barron Collier, Immokalee, Gulf Coast and Corkscrew Christian School. MR. EDLUND: Today we are also looking forward to visiting the courthouse to meet the clerk of courts and be in an actual court proceeding, in addition to eating lunch with our county commissioners this afternoon at East Naples Methodist Church. Page 12 March 14, 2006 MS. GARRETT: We learned that Collier County is facing many challenges. One that goes without saying is growth. Our population is exploding, but because of you, Collier County meets these challenges. The landfill has greatly improved its recycling program, which makes more room for more trash for more people. Also, our water treatment plant is faced with the challenge to supply thousands of people with water during our infamous hurricane seasons. Another challenge that was met was the need for youth activities. Weare pleased to hear that the new regional water park, Sun and Fun Lagoon, will be opening this summer. The need for new and better roads is being met. The health department is keeping our county beautiful, safe and clean, and you're working on making more affordable housing. MR. EDLUND: In addressing the board, we are able to add another learning component to our learning process. MS. GARRETT: Again, thank you for this opportunity to take part in this program and for your support. (Applause.) CHAIRMAN HALAS: I just want to say, we're looking forward to enjoying lunch with you, and each of us commissioners will be sitting at different tables along with the county manager and assistant county manager, so that these young people can ask us any particular questions they like about government. I think all of us look forward to this day every year that is upon us in regards to young adults getting involved in government, and hopefully some of these will be our future leaders in the next few years. Thank you very much. (Applause.) Item #4B Page 13 March 14, 2006 PROCLAMATION HONORING THE NCH HEALTHCARE SYSTEM, ITS STAFF, PHYSICIANS, BOARD OF TRUSTEES AND ITS VOLUNTEERS ON ITS 50TH ANNIVERSARY OF PROVIDING EXCELLENT MEDICAL SERVICES AND CARE TO THE COMMUNITY - ADOPTED MR. MUDD: Commissioner, that brings us to our next proclamation. It's a proclamation honoring Naples Community Hospital Healthcare System, its staff, physicians, board of trustees and its volunteers on its 50th anniversary of providing excellent medical service and care to the community, to be accepted by Mr. Edward Morton, CEO, and Allen Weiss, M.D., president. If they could come forward, please, and anybody else that came to help. MR. MORTON: That's it. We're it. COMMISSIONER FIALA: I'm kind of fortunate that I get to read this, because I graduated from Naples Community Hospital. Thank you so much. Thanks for all you've done for our community. Let me read this proclamation. Whereas, in the early 1950s, Naples lacked an essential ingredient of a growing town, a medical facility designed to meet the needs of the people. Through the foresight, wisdom and generosity of a group of concerned citizens who banded together and pooled their private funds, the city's first hospital was incorporated in 1953 as a nonprofit organization known as Naples Memorial Hospital; and, Whereas, in 1956 this hospital, which it changed its name to Naples Community Hospital to better reflect the mission of Page 14 March 14, 2006 providing for the comprehensive health care needs of the residents and visitors of the area, was opened to the public with 50 beds and 10 bassinets, and, Whereas, 50 years later, following the addition of a second hospital to serve the cities in the northern part of the county, as well as the establishment of many affiliated medical services and partnerships with 500 premier doctors, the NCH Healthcare System continues to serve the needs of the community by providing quality and innovative medical services. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that we take pride in honoring the NCH Healthcare System, its staff, physicians, board of trustees and its volunteers on its 50th anniversary of providing excellent medical services and care to the community. Done and ordered this 14th day of March, 2006, Board of County Commissioners, Collier County, Florida, Frank Halas, chairman. And, Mr. Chairman, I make a motion to approve. CHAIRMAN HALAS: Could we have a second? COMMISSIONER HENNING: Second. CHAIRMAN HALAS: Okay. Great, wonderful. All those in favor of this proclamation, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: I won't even go on the other part. Thank you very, very much. And I just want to say that last week they had their observance of the 50th anniversary, and I was so glad to be there, and it was a great program. Thank you very much, Ed. Page 15 March 14,2006 COMMISSIONER FIALA: And you grew up with that hospital. MR. MUDD: Could we get a photo? CHAIRMAN HALAS: Thank you very much. Do you want to say a few words, Ed? DR. WEISS: Thank you very much. MR. MUDD: Do it over by -- do it over by the mike. CHAIRMAN HALAS: Go to the mike over here, sir. MR. MUDD: Then we'll get you on camera and everything else. MR. MORTON: If you don't mind, we'll both probably just take a minute. One, I would like to thank people from 50 years ago, 53 years ago. Some of us forget, I think, especially young people, that many years ago, some people had a dream, and that dream was that health care could be brought to this community, by the community, owned by the community, and maintained by the community. And the NCH Healthcare System is locally owned, locally operated, has not changed in its 50 years as a not-for-profit system, which returns everything back to the community in the form of, we think, high quality services. And it's our privilege to represent the community, the 4,000 employees, our wonderful medical staff, our volunteers, and all of us that are associated with NCH. It's a real privilege, I think we also are reminded that both Dr. Weiss and I have the privilege of being here with you, but we really accept this on behalf of those thousands of people over the last 50 years that have toiled and serviced to this community through NCH, thank you. DR. WEISS: Fifty years, obviously, exceeds the life-span of many organizations. If you look at the standard for 500 (sic), most of them don't last 50 years. I'm hopeful that 100 years from now, many of you sitting in the room, the young people in particular, will take an Page 16 March 14, 2006 advantage of having hospital care in this community and contribute to the community much the way the people 50 years ago contributed to allow us to be here. The legacy of one generation to the next allows this to continue uninterrupted for everybody's benefit. Thanks very much. (Applause.) COMMISSIONER HENNING: Mr. Morton, I just want to say that the two best experiences I've had in my life was at Naples Community Hospital when my sons were born. Thanks. Item #4C PROCLAMATION DESIGNATING MARCH 14,2006 AS THE COPELAND WORKFORCE DAY - ADOPTED MR. MUDD: Commissioner, that brings us to our next proclamation, and this is a proclamation designating March 14, 2006, as Copeland Workforce Day. To be accepted by Pastor Gilmore. And I believe there's a lot of people in the audience that are from Copeland, and I'd ask them to come forward with Pastor Gilmore. And I'll -- as Commissioner Coletta tries to read the proclamation -- but let me try to get the names first. The people in this workforce _ - or this Copeland endeavor, on this workforce day, are John Archambault, Mark Anderson, Adrean Burgess, Christine Burgess, Donzell Burgess, Edie Cavins, Reynolds Cavins, Arthur Clayton, Wayne Colins, Della Cross, Tabitha Daniels, Joel Davis, Larry Gibbs, John Gilmore, Randy Hausfeld, Penny Hausfeld, Edward Allen Hunter, Gary Miller, James McDowell, Joshua McDowell, Tony McDowell, Leon Pasiuk, Barbara Sharp, Betty Sharp, Janie Smith, John Spell, Peter Walgamotte, Lynn Warren, and Wilbur Vanwey. Page 1 7 March 14, 2006 COMMISSIONER COLETTA: That's fine. Appreciate it very much, Mr. Mudd. And I thank you for being -- MR. MUDD: If I misspelled -- if I mispronounced anybody's names, my apologies. COMMISSIONER COLETTA: Thank you, Mr. Mudd. As you may know, when we had the event last year with the hurricane coming ashore, it hit just about dead center to Everglades City, and Copeland is a short distance from Everglades City. Copeland is a small, very close-knit community with very strong family values who have overcome diversity many times in the past and have a civic association that takes place there that is second to none. Pastor Gilmore is the pastor of the Copeland Baptist Church, a small church in Copeland, a beautiful place, that not only serves the religious needs of the City of Copeland, but it's also a civic center and serves for the civic association and many community meetings. This is quite remarkable what this group has done, and it's an honor to be able to read this proclamation today. Whereas, the community of Copeland was heavily damaged after Hurricane Wilma; and, Whereas, the Copeland Workforce was established, composed primarily of those residents of the Copeland community; and, Whereas, the Copeland Workforce has worked diligently to restore and better the community of Copeland; and, Whereas, the Copeland Workforce has been responsible for vast and unprecedented improvements ranging from repairs to the local water plant, beautification of Janes Scenic Drive from State Road 29 to the Fakahatchee State Park, restoration and repair of underground sewer facilities, assisted to local residents in repair and Page 18 March 14, 2006 cleanup of hurricane dervish, and has been instrumental in building a sense of pride within the Copeland community. Therefore, be it proclaimed by the Board of Collier County Commissioners of Collier County, Florida, that March 14, 2006, be designated as the Copeland Workforce Day. Done and ordered this, the 14th day of March, 2006, Frank Halas, chairman. And I make a motion for approval. COMMISSIONER FIALA: Second. CHAIRMAN HALAS: Motion was made for approval of this proclamation by Commissioner Coletta, seconded by Commissioner Fiala. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: All those, by like sign, opposed? (No response.) CHAIRMAN HALAS: The proclamation carries unanimously. Thanks so very much. (Applause.) COMMISSIONER COLETTA: Pastor John Gilmore, would you like to say a couple words? PASTOR GILMORE: Yes, please. Commissioners, ladies and gentlemen, and the Copeland Workforce, it is a privilege to be here before you today to accept this proclamation. You know, we see many times on the news communities and cities such as Los Angeles, Chicago, New York, they come together to better their community to, if you will, take it back to make Page 19 March 14,2006 improvements. And the thing that's so remarkable in this land of liberty and this democracy that we have here is that it's driven from the ground up. The people themselves get together and decide that they want to go ahead and have a better place to live, and we count it a miracle, and we applaud them in the deed, rightly so. Well, we have had the same sort of miracle right down there in Copeland. I am very, very humble to be a part of it. After Hurricane Wilma -- in fact, just hours after Hurricane Wilma, got back down to Copeland from where my wife and I had gone to get out of the area, to evacuate, and the first thing I saw was groups of men and wives and trucks and trailers with chainsaws, just hours after the hurricane, already starting to clear the property out there. In the time since, the Copeland Workforce, as they've come to be known, has really been instrumental in establishing a sense of pride, a sense of community. And this is not the same Copeland that I came to four years ago when the Lord called me to pastor the church down there. We are, indeed, a tight-knit family. They set aside difference, they've come together as a community. And I'll tell you what, I wish that you could have NBC showing what's happened down in Copeland, because Los Angeles, California, hasn't got a thing on us. And once again, I am just very, very humbled and very privileged to be standing here. And this is not my award. It belongs to the Copeland Workforce, it belongs to the residents of Copeland. And I count them as my friends, my family, my brothers and my sisters, and I'm just very, very proud to be down there with you. Thank you very much. (Applause. ) Item #4D Page 20 March 14, 2006 PROCLAMATION RECOGNIZING THE FLA W ARN CREWS FOR THE INVALUABLE ASSISTANCE TO THE CITIZENS OF COLLIER COUNTY IN RECOVERY FROM HURRICANE WILMA - ADOPTED MR. MUDD: Commissioner, the next proclamation is proclamation 4D. It's a proclamation recognizing the FlaW ARN crews from the City of Punta Gorda, the City of Tampa, Hernando County, Pinellas County, and the City of Bradenton, to be recognized in their invaluable assistance to the citizens of Collier County in our recovery from Hurricane Wilma. This particular proclamation will be accepted by George Y ilmaz and Mr. Jim DeLony. CHAIRMAN HALAS: This is a very important proclamation. We had a lot of wonderful neighbors to the north of us that assisted us shortly after Hurricane Wilma descended upon Collier County. And I just want to thank each and every one of the people who gave of their time to come down here and to support our efforts in getting us back on our feet again. Whereas, on October 24, 2005, Hurricane Wilma made landfall in Collier County, creating severe widespread electrical outages; and, Whereas, during the response and recovery period from the date of landfall through October 29, 2005, the public utilities wastewater department managed cumulatively more than 110 million gallons of wastewater with daily flows ranging between 10 and 20 million gallons district-wide; Whereas, the public utility wastewater department activated Fla WARN, Florida's Water and Wastewater Agency Response Network, a formalized system of utilities helping utilities, to address mutual aid during emergency situations that provided critical resources just in time, including 31 skilled personnel, increasing Page 21 March 14, 2006 Collier County's wastewater collection field staff by 50 percent, and 24 generators and one fuel tanker and 26 vehicles and one excavator; and, Whereas, the assistance of the Fla W ARN crews from the City of Punta Gorda, the City of Tampa, Hernando County, Pinellas County, and the City of Bradenton, the public utilities wastewater department was able to maintain and operate field assets, including more than 13,000 manholes maintained by only 30 overflows of less than 250 gallons reported and responded to, And approximately 600 miles of gravity lines and 250 miles of forced mains kept operational with only two lateral pipe breaks reported and repaired, And 56,000 wastewater service accounts kept operational with only two service backup overflow interruptions reported and responded to, and Over 500 wastewater lift stations without electrical power over a 48-hour period kept operational using portable generators, pumper trucks, controlling only 149 overflows from lift stations. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, that the assistance of the Fla W ARN crew from the City of Punta Gorda, the City of Tampa, Hernando County, Pinellas County, and the City of Bradenton, be recognized, and their invaluable assistance to the citizens of Collier County in our recovery from Hurricane Wilma be acknowledged. Done and ordered this 14th day of March, 2006, Board of County Commissioners, Frank Halas, chair. I move for -- that -- this very important proclamation, I move for approval. COMMISSIONER FIALA: Second. CHAIRMAN HALAS: Okay. It's been approved and seconded. Page 22 March 14, 2006 All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign. (No response.) CHAIRMAN HALAS: Thank you so much. (Applause.) COMMISSIONER FIALA: You guys did an outstanding job, remarkable. CHAIRMAN HALAS: And we've got a number of these certificates to give out, so I'll let you take them. Thank you very much, George. You guys did an outstanding job. MR. DeLONY: Come over here, George, and we'll take a picture. Thank you. Thank you very much, Commissioners. CHAIRMAN HALAS: Did you want to say a few words, Jim, or are you okay? MR. DeLONY: Just a thank you to the commissioners. For the record, Jim DeLony, Public Utilities Administrator. And thank you very much for that wonderful proclamation, Commissioners. It was, indeed, a magnificent feast of operational, I guess -- what's the German word? You get the feel by your fingers by the folks, not only within our county, but these folks that came from outside our county. One story I will relate to you is, as folks are coming down 1-75 from one of these communities that you spoke to, we're on the telephone with these folks, and we're telling them exactly where to come into the county to process. They come in - this crew comes in. Page 23 March 14, 2006 I don't know if it was the Punta Gorda crew or the Hernando County crew, they come in and pull into our Shirley Street location, we throw maps at them, we give them work orders and a lunch, and we put them to work immediately, right off 1- 7 5. And it tells you, effectively, how effective this particular system that we have is in the State of Florida where the utilities help utilities, and we're able to bring these paid -- these wonderfully professional folks that do this every day and literally make that transition in strides so we can get to work and protect our environment and serve our customers. So we ask to reciprocate. I mean, our turn will come to help out these communities and others. I hope not this next year, but we'll just see. And so thank you for this proclamation. We intend to take these to these communities, to their boards and to their city councils and make a personal appearance and thank them on a personal level. So, again, thank you very much for this time, and we appreciate what you're doing for us as well. Thank you. COMMISSIONER COYLE: Mr. Chairman, just to illustrate how widespread the support was to Collier County, the power in my neighborhood was restored after five days by a crew from the State of Tennessee. So people came from far and wide to help us during this hurricane. MR. DeLONY: Absolutely, sir. We had over 800 people that are in our debris mission, for example, that were not from Collier County, came in here and did the job. And as you know, we were able to do that in less than 100 days. And that kind of mobilization there sure does speak well to the American spirit in my mind. Thank you. CHAIRMAN HALAS: Thank you. (Applause.) Page 24 March 14, 2006 Item #6A PUBLIC PETITIONS - REQUEST BY PETER GADDY TO DISCUSS TRANSPORTATION OPTIONS FOR THE ESTATE'S AREA - PRESENTED AND ITEM TO BE DISCUSSED AT THE BCC MEETING ON APRIL 17.2006 MR. MUDD: Commissioner, that brings us to our next item, which is item 6A under public petitions, and this is a public petition request by Peter Gaddy to discuss transportation options for the Estates area. Mr. Gaddy? MR. GADDY: Honorable Commissioners, distinguished staff, 4-H members, and government, good morning. My name is Peter Gaddy. I am a member of the citizens group called the Concerned Citizens for Responsible Road Development. This group grew up because of three events; one, the Green Boulevard/16th Avenue proposal; two, the Vanderbilt Beach Road proposal; and third, the failure of the county to have an adequate transportation plan in effect for the areas north, east, and south of the Estates. Our goal is to seek the development of an adequate and responsible transportation system for Collier County. This is what we seek today. First, place a moratorium on the construction of any new roads in Golden Gate Estates until there is a full analysis of all alternatives, including the extension of Wilson Boulevard to Benefield (phonetic) Road and U.S. 41. Second, develop a comprehensive transportation plan that will serve the needs of future development to the north, east and south of Page 25 March 14, 2006 the Estates that does not use the Estates as a corridor for traffic arising out of development outside of the boundaries of the Estates. Third, that this commission posts an open public forum to let residents express their concerns and opinions on eminent domain and the Vanderbilt Beach Road. Let me tell you why our petition should be granted. Eminent domain should only be used as a tool of last resort. Despite this fact, the county has, in the last year, proposed three new projects involving the massive use of eminent domain on an unprecedented scale. These are the Vanderbilt Beach extension, the Green Boulevard extension, and the 16th Avenue extension. I submit that these proposals, in addition to involving the unnecessary use of eminent domain, are poorly conceived and, in fact, constitute the continuation of the piecemeal approach to transportation development that has led to the current failure of our transportation grid. To illustrate this, let us consider the ramifications of the Vanderbilt Beach Road. Number one, these proposed roads will result in the largest use of eminent domain in the county's history. Eminent domain not to widen the road, not to put a road through an open field, not to relocate commercial property, but eminent domain to take people's homes. Estates residents live in harmony with nature and consider the rural nature of their community an asset. In fact, while many people move to Southwest Florida for the beaches, most of those who live in the Estates move there to live in a natural environment, which they consider better than living in a beachfront community. Imagine the uproar if this commission were to propose the construction of a six-lane highway along our Gulf beaches. Number two, the dollar cost of these roads, condemning only 95 -- over 95 acres of developed real estate for the Wilson leg alone will Page 26 March 14, 2006 be staggering. These costs will include the fair market value of the homes and irreplaceable acreage to be taken; B, the cost of moving and displacement; C, the cost of controversy and litigation resulting from this outrageous proposal; and D, the cost of the loss to the condemned of the Save our Homes cap. Clearly, the cost involved will devastate the county's budget for years to come and take funding away from much-needed transportation projects. Number three, the plan is currently constituted. It shows a preference to take homes rather than commercial golf course property. What kind of a message does this send to your constituents? Number four, the effect of these roads on coastal metropolitan Collier will be devastating. Residents of Ave Maria, as well as, potentially, larger developments to the north and south of Ave Maria and possibly north Belle Meade, will use the Vanderbilt Beach extension and the Green Boulevard extension to facilitate their entry to coastal metropolitan Collier. This will lead to the early failure of the existing metropolitan transportation grid. Number five, the Vanderbilt Beach extension will start a chain reaction of development surrounding the Estates. This chain reaction of Biblical proportion will breed over 100,000 homes in the area surrounding the Estates, for which no transportation plan exists. In the absence of a plan, the county is proposing the Vanderbilt extension, which will open up 150 square miles of land for potential development between DeSoto Road and State Road 29. The 2030 plan does not even cover this eventuality. Let me put it another way. Imagine a warm spring afternoon, at which time 6,000 students from Ave Maria University decide to visit Vanderbilt Beach. I think you might have to expand the parking garage. Page 27 March 14, 2006 Over the last year, the county has conducted workshops on the Vanderbilt Beach proposal. Each of those workshops offered for your citizens two choices, eminent domain or eminent domain. All other choices, all alternatives, all possibilities, were excluded from consideration or discussion in favor of eminent domain. Last time I checked, that's not the way things are supposed to run in America. The cavalier and un-American methodology employed in the conduct of these workshops led to their failure, which now requires that this commission conduct a full and open public forum for citizens who have an opportunity to be heard and express their concerns. The Estates actually has a pretty good road network. Once Immokalee Road is completed and the promised improvements to Wilson, Randall, Golden Gate, and Everglades are in place, traffic should move well. Then why do we need the Vanderbilt extension? Why is it being ramrodded through this commission? The inescapable conclusion is that it is completely developer-driven. The proposal before you on April 17th will squarely ask you to condemn private homesteads to develop a six-lane highway in furtherance of big development outside of the Estates. How could any county commission be so cruel to its constituents? We have a pending abuse of eminent domain, and it's right here in Collier County. Thank you. CHAIRMAN HALAS: Thank you, sir. (Applause.) CHAIRMAN HALAS: Okay, we've heard that. Commissioner Coletta? COMMISSIONER COLETTA: Thank you very much. Yeah, I Page 28 March 14, 2006 invited Mr. Gaddy to come, because I don't think we ever get to the point that we have too much public exposure on what we're trying to accomplish. And there's one thing that I wholly agree with Mr. Gaddy on is that public meetings, you never can have too many of them. We've had numerous ones there, and we're going to cover that in a few minutes. But as far as more public meetings, what's the problem with it? I mean -- but I'd like to see them done on the public end. Not too long ago, I remember that a group from VanderbiJt asked, and I got for them, the community center to hold for a public meeting. I think that might be a good way to go. Also the civic association is more than willing to handle different items. There's many avenues to get there. We also have this coming before the commission on April 25th? CHAIRMAN HALAS: Seventeenth. COMMISSIONER COLETTA: Seventeenth, excuse me. And it's got a time certain, is that right, Mr. Mudd? At this time you don't know? CHAIRMAN HALAS: It's 5:05, I believe. COMMISSIONER COLETTA: 5:05, yeah. So we can try to have participation by many of our people in the workforce, and they don't have to sit around all day waiting for this item to come forward. And there we're going to be able to go through it in great detail. But we're still not going to be all the way there. My biggest concern, of course, is that there'll be a reason to put this off to some future date and leaving everybody in limbo. That's the biggest concern, and that's one of the concerns I'm hearing the most from the residents, that we will have an indecision and we won't be able to go forward or it will be delayed for some time. Page 29 March 14,2006 What I'd like to do at this time, if I may, with the permission of the chair, is call Mr. Feder up to address some of the issues that Mr. Gaddy brought up, and maybe we could go through that to see what else we might be able to do to improve our system and our process that would even be more or all inclusive. MR. GADDY: Thank you, Commissioners. Thank you, Commissioner Coletta. CHAIRMAN HALAS: Yeah. I don't think this is the forum to go into what we're going to do, but if you just give a brief overview of what we plan to do, or what you plan do. MR. FEDER: Okay. First of all, I think the important item Commissioner Coletta's already identified -- and for the record, Norman Feder, Transportation Administrator -- and that is on April 17th we will be coming at 5 :05 to this board, going through all the detailed analysis, and hopefully being in a position to have this board give us direction on how to proceed on this and getting some closure to the issue. We've gone through extensive efforts in both the long-range transportation plan, very, very extensive public involvement issues. I feel that we have a good plan for efforts out in the Estates. We've shared that through numerous meetings with these folks and in other settings. We also have been focusing, as was reported, on what do we do with this corridor, and how do we address it since it's been in prior long-range plans as well as the current. And in that case, obviously, you're talking about altering alignments of a single corridor. But as was pointed out, there is a plan in the Estates; that's why you also have the issues of Oil Well extension to Golden Gate Boulevard, Randall, Wilson, and other proj ects that are in the process and being developed. A lot of the literature we've seen has inferred that you should do the Estates boulevards, and that's where everybody expected Page 30 March 14,2006 expansion, and we are working on all those boulevards. We're not neglecting those. Those are needs as well. The other thing I find interesting is, the issue is development outside of the area of the Estates itself, whether it be Ave Maria already approved and other CDD and Big Cypress or other development in the area, we don't want them to come through the Estates. That's going to be rather difficult given its geographic placement. But I think the key is, we're trying to define corridors where that movement from east to west can continue in the county rather than be faced with what I was faced with when I came here five years ago in the urbanized area. When I came here, the biggest issue of the day, interesting enough, after five years of not building anything, was neighborhood traffic calming. And the reason that that was such a big issue was, since we hadn't done the improvements necessary in the arterial system everybody was finding the path of least resistance, which is through neighborhood streets that weren't really structured for their through travel. Interestingly enough, we're not hearing much about traffic calming as much now in the urbanized area. Where I'm starting to hear about it is out in the Immokalee, Oil Well, Randall area and in places where the Estates are starting to grow even out in the Estates. And what we don't want to do is have a situation where all that movement has to come through the Estates but has to find its way on every single residential street within the Estates to get In. The other thing I'll point out is, the concern seems to be, oh, it's just to help the development or the developers on issues out east. Please understand that right now what you have is two east/west Page 3 1 March 14,2006 facilities, Immokalee Road, being six-Ianed, which will service a lot of that other development, but not all of it, and Golden Gate Boulevard, which is four lanes and terminates at 951. What we're trying to find is another east/west facility that will get you further over to other north/south connections. And even in the Estates right now the last two years, 24 percent increase in average traffic volume, and then 20 percent just on Golden Gate Boulevard, and there's been no Ave Maria, there's been no other development out further out east. So that demand is out there in the Estates right now. It's growing very rapidly. And I would like to think that, in fact, what we're trying to do is the planning so we don't end up like we have been in other situations, like not being able to extend Livingston to the south, other issues of that sort. So that said, we welcome -- we've gone out to many, many meetings. I've got a long list. I won't bore you with that. But we are available. We'd be happy to meet with this group. We'll be happy to meet with any group at any time on any issue, and we've done that very repeatedly. And we are looking at a broader plan, not just this one corridor, but it's one of the corridors in the plan, and we focussed attention on it as well. Did I answer your question, sir? COMMISSIONER COLETTA: Yes, sir. Thank you. MR. FEDER: Thank you. CHAIRMAN HALAS: Okay. Thank you. Item #6B PUBLIC PETITION - REQUEST BY RAYMOND PAULL TO DISCUSS A TWO-MONTH EXTENSION FOR WATERSIDE Page 32 March 14, 2006 SHOPS WORK RESTRICTION EXEMPTION - PRESENTED AND NOT TO BE EXTENDED MR. MUDD: Commissioner, the next public petition is public petition 6B. It's a public petition request by Raymond Paull to discuss a two-month extension for Waterside Shops work restriction exemption. Mr. Paull? MR. PAULL: Good morning. I'm Raymond Paull from Keene Construction. I'm here with Max Clemis (phonetic) of -- vice- president of construction for Keene, who's probably better equipped to discuss. MR. CLEMIS: Yes. We're formally requesting and respectfully requesting an extension for off-hours work at the Waterside Shops area from midnight to 7: 30 a.m. The reason for this request is to help promote the safety of the shopping public. The work that we're doing is renovation of the tile corridor areas. During the day in the shopping areas, it's extremely difficult, if not impossible, to isolate the public from this work. From midnight to seven allows the opportunity for this work to progress and be cleaned up and ready for the next day. CHAIRMAN HALAS: Sir, I believe you've already had two extensions that were provided by the county manager. I've had some email from citizens that live very close in that proximity, and I don't feel that we need to continue this any longer. I think that the two items, or the two times that you had this taken care of by the county manager, I think should be suffice (sic). MR. CLEMIS: If I may interj ect, the previous two times we were from the middle of demolition work. That work is no longer occurrIng. Page 33 March 14, 2006 Over the past three weeks, we have maintained and performed decibel rating levels of the sound around the perimeter Ring Road. Raymond's got information here if you'd like to look at it. But I believe the last issue -- and correct me if I'm wrong, Raymond -- was actually another construction project and not ours. You know, in order to maintain the safety of the public at that center, we would respectfully ask you to reconsider that. And I understand that the issues previous to this, there was a lot more noise, there was a lot more demolition. That is no longer occurring. This is extreme -- this is just tile work to be done at night, so we'd like you to reconsider if possible. CHAIRMAN HALAS: I think we've made that decision, and thank you very, very much. I appreciate you coming here and spending time with us in regards to your concerns. MR. CLEMIS: Well, we thank you for your consideration. CHAIRMAN HALAS: Thank you. MR. MUDD: Commissioner, the next item is item -- CHAIRMAN HALAS: Time certain. MR. MUDD: Time certain, 10 o'clock, and that would be item 10C. Let's just wait for just a second. CHAIRMAN HALAS: Sure. Item #10C CONTRACT FOR RFP #05-3770, "DESIGN-BUILD" SERVICES FOR CAPACITY IMPROVEMENTS TO IMMOKALEE ROAD FROM IMMEDIATELY EAST OF 1-75 TO 2,000' EAST OF CR 951 COLLIER BOULEVARD", COUNTY PROJECT NO. 69101 - APPROVED Page 34 March 14,2006 MR. MUDD: The next item is 10C. It's a 10 o'clock time certain, and it's a recommendation to approve a contract for RFP number 05-3770, design-build services for capacity improvements to Immokalee Road from immediately east of 1-75 to 2,000 feet east of County Road 951, which is Collier Boulevard. It's county project number 69101; Norman Feder, Administrator for Transportation Services, will present. MR. FEDER: Commissioners, I'll be very brief. If you want some more detailed information, I have Mike Green, who's done an outstanding job as the project manager in bringing this project -- design-build project forward, as well as Jay Ahmad. Essentially what you have in front of you is the section that was four-Ianed some five years ago between 1-75 and 951. As you know, the loop and the area right under 1-75 is going to be done as part of the state's 1-75 project, but this will be from 951 to just to the east of the 1-75 ramps. This project is to go from four to six lanes. We went through a very elaborate process to make sure we refined and developed a design-build. Essentially in a design-build, although it's been labeled in the paper as not a typical competitive selection process, it is, in fact, that. It's got both components in there, both the design selection under technical merit, as well as a sealed bid proposal that is only opened after the technical evaluation, and then the two weighed together. In this case, that wasn't necessary since the technical proposal showed the firms -- the team of Greenhorn & O'Mara, as the designer, and Astaldi as the construction firm, as the top technical proposal. As well, they came in with the lowest bid, very close to our engineer's estimate; therefore, the weighting obviously results in them being the top firm or top team. Page 35 March 14, 2006 So with that, I'll open it to any questions you have. If you'd like some more detail on the aspects of design-build, how we went through the process -- as you know, we came to this board both in going into the process, going out for the request for proposals as well as the contract you previously approved as a boilerplate, and we've met quite a few times in bringing this forward. The good news is, as we -- if we make a selection today, we're looking at August of next year, as I understand it, for completion of the six-laning, and we're essentially staying within existing right-of- way. CHAIRMAN HALAS: Commissioner Henning? COMMISSIONER HENNING: Mr. Feder, with all the delays that happen on U.S. 41 with this contractor, Astaldi, and the fact that the second bidder came in not much more than the first bidder selected by the selection committee, wouldn't it be more prudent for time to get this desperately needed improvement done on time instead of picking somebody that has, historically, delays? MR. FEDER: I guess the question is, assuming that if somebody is late on one proj ect, therefore, they're going to be late on another. We've been assured that they're going to put a definite concentration on this, a team out of their east coast. They're already moving materials over to the site, or getting ready to, based on the action today. We have been assured that they want to untarnish their image and plan on being over on this coast and working, and we've been trying to get other contractors in this area. With that in mind, I'm sure if they're two days late, I'll be hearing about it greatly. If they're two days early, I probably won't hear a thing. I'll go for the two days early and not hearing anything. But we're going to work very hard with them. They've committed to it. They're the only ones also that have come in within the existing Page 36 March 14, 2006 right-of-way. To go to number two, who has proposed, interestingly enough, to buy right-of-way on the south side, and number two is the designer that built four, five years ago with a provision for -- to allow it to go to future six. I thought that they'd be the firm actually that would have won out on this, whoever teamed up with them, but they came in with the need for additional right-of-way, saying that their design was inadequate to handle a six -lane now that they had finished their design. So with that in mind, you'd have to go through a right-of-way phase, which would elongate the process at least another year; and, therefore, they would not be faster. And I'm hoping that Astaldi will meet their contract obligations. But there are liquidated damages if they do not. COMMISSIONER HENNING: Mr. Feder, how much more right-of-way was the second proposal proposing that it needed to do the job? MR. FEDER: I will ask Mike Green, who went through the technical proposals in more detail. But as I understand it, it was all across the south side, which means that whatever footage it is, you have to deal with each property owner, and that process then takes at least a year and sometimes longer in right-of-way acquisition. But, Mike, if you'll address that. MR. GREEN: Yes. The Hole Montes technical proposal shows an additional five to 15 feet of right-of-way along the entire south edge of Immokalee Road. COMMISSIONER HENNING: Wow. MR. GREEN: Which is three-and-a-halfmiles, and there's a lot of development that's very close to the road. We'd have a lot of legal issues in trying to obtain that right-of-way. COMMISSIONER HENNING: Okay. Well, I guess by accepting Page 37 March 14, 2006 staff's recommendation -- and actually it's going to be a heck of a lot less time and cost to construct this road than what was perceived in the media. MR. FEDER: Correct. And that's why we've made the proposal to you. We feel as comfortable as we can. They've been on time in other jobs, but the fact of the matter is, they will be held, they have promised us that they will come in, and they have an obvious motivation, if they are to do work in this area, to make themselves correct or right on this project. And so that's what we're going to emphasize. CHAIRMAN HALAS: I'd just like to bring up some facts that obviously we're still working through a situation in regards to getting done the first segment of Immokalee Road from 1-75 to Livingston, and it's -- it's not because -- that the road builder hasn't been working at this project. The problem seems to be getting utilities out of the system, out of the roadway. And as was brought to my attention, and I think some of my fellow commissioners, where we, right now, the road is all built and basically what we've got there is power poles that are in the middle of the road, the road itself, and we're waiting for FP &L to hopefully address that issue. And obviously that's -- I think that's probably a lot of our concerns in road building is getting utilities up; is that correct? MR. FEDER: That is definitely correct, Commissioner, and I hope we go beyond hope, because that's not much of a plan. We've been working very, very hard to get FP&L's attention and action to address the utilities there. And as you mention, it is not the contractor. John Carlo actually built the road around the telephone poles, so now I've got a slalom trail. We've got to get those poles out of there, let them finish off that section of road and keep on moving. CHAIRMAN HALAS: Okay. The other thing that I just read Page 38 March 14, 2006 in the paper this morning, that Lee County was ramping up their road building. I believe they're going to try to put 10 additional roads on the segment as soon as possible, building segment. Can you tell us roughly how many road building firms that we have down here in Southwest Florida? And obviously the competition's going to be quite high. MR. FEDER: Right now you have AP AC, Better Roads is doing work with us, you have John Carlo, MCM, of course, on the overpass, and this would bring in -- beyond AJAX, who did one project for us -- a new firm in Astaldi. What I will tell you is, we've got with -- this project will be the seventh active construction project here in Collier County, with three others that we hope to be letting later this year. So we are stretching the industry at a time when resources are tight; very, very hard, but nonetheless, we want to continue to move forward and to meet our efforts to try and provide the infrastructure concurrent with the impacts of development. CHAIRMAN HALAS: I have one other question. How do you feel that the shortage of asphalt is going to play into finishing up our road building program here? MR. FEDER: So far it hasn't been a major problem other than the increase in cost. There are issues that are coming out of even Jacksonville in the binder. So far we've done well. Our folks have ordered. We've only got two plants here in town. Both Better Roads and AP AC. They do a lot of the actual asphalt delivery and provision. So what I will tell you is, obviously it's not a good thing. We're continuing -- as I said, we've got seven projects that are moving. The major issue we have now in many respects is the utility work that has to be done, which unfortunately ends up in surprises underneath, soil conditions. But the major one right now is FP&L, as you mentioned. CHAIRMAN HALAS: Is there any way that we can circumvent Page 39 March 14, 2006 FP &L and put this out on contract so that -- MR. FEDER: Weare working with our legal right now and going to meet with their legal. We met with them, went through the whole process a number of times. We then brought in all the contractors, along with FP &L. We thought that would be an interesting way to show FP&L how important it was. That was an interesting meeting, but unfortunately it didn't resolve anything yet. We now are trying to meet with their attorneys, along with our attorneys, to evaluate what are our options to possibly try and contract with some of the people they contract with, and then just send them the bill. We've got to find a way to be able to respond. And we'll continue to work. Now, FP &L is a good firm. I realize they've had a lot of things that are straining their attentions right now, so I don't want to overstate that fact. But obviously it's an issue we need to get resolved. CHAIRMAN HALAS: Is there any other discussion? (No response.) CHAIRMAN HALAS: Is there a motion? COMMISSIONER HENNING: Motion to approve, Mr. Chairman. COMMISSIONER COLETTA: Second. CHAIRMAN HALAS: Pardon? COMMISSIONER HENNING: Motion to approve, Mr. Chairman. CHAIRMAN HALAS: Okay. Motion to approve, and we have a second. Okay. Motion to approve this contract with Greenhorn, O'Mally (sic) and Astaldi. All those in favor, signify by saying aye. Page 40 March 14, 2006 COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: (Absent.) COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign? (N 0 response.) CHAIRMAN HALAS: Passes. Thank you very much. MR. FEDER: Thank you. Item #9A RESOLUTION 2006-60: APPOINTING SABINA MUSCI TO THE ANIMAL SERVICES ADVISORY BOARD - ADOPTED MR. MUDD: Commissioner, that brings us to item 9A, and it's appointment of a member to the Animal Services Advisory Board. COMMISSIONER HENNING: I've got a sick animal. I hope somebody knows what to do about it. No, just kidding. Who do we have? CHAIRMAN HALAS: Is there a motion in regards to filling this vacancy on the Animal Services Advisory Board? COMMISSIONER COYLE: Motion to accept committee's recommendation of Sabina Angela Musci. CHAIRMAN HALAS: And do I hear a second? COMMISSIONER HENNING: Second. CHAIRMAN HALAS: I'll second that. Okay. Motion to approve Sabina Angela Musci by Commissioner Coyle, seconded by Commissioner Halas. All those in favor, signify by saying aye. Page 41 March 14,2006 COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: (Absent.) COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign? (No response.) CHAIRMAN HALAS: Carries unanimously. Item #9B RESOLUTION 2006-61: RE-APPOINTING SUSAN BECKER TO THE TOURIST DEVELOPMENT COUNCIL - ADOPTED MR. MUDD: Next item is 9B. It's appointment of a member to the Tourist Development Council. COMMISSIONER HENNING: Make a motion to reappoint Susan Becker. COMMISSIONER COYLE: Second. CHAIRMAN HALAS: Okay. There's been a motion to reappoint Susan Becker on the Tourist Development Council, and I believe there's some discussion. COMMISSIONER COLETTA: Really it's related to it. Is there more vacancies coming up? I know we had quite a -- CHAIRMAN HALAS: Yes, there is. COMMISSIONER COLETTA: Okay. So that's going to be advertised and coming back to us in the near future? CHAIRMAN HALAS: That's correct. MS. FILSON: Yes, sir. I've already advertised that and sent the applicants over to staff, and we still have the currency for Everglades City. Page 42 March 14, 2006 COMMISSIONER COLETTA: Can you tell us what positions they are so that the public out there knows? MS. FILSON: I have one vacancy for owner/operator, which I've already advertised for that and sent the applications over, and then the one that's recommended by Everglades City. COMMISSIONER COLETTA: Okay. Thank you. CHAIRMAN HALAS: Okay. Any further discussion? (No response.) CHAIRMAN HALAS: Okay. I'll call the question. All those in favor of the reappointment of Susan Becker? The motion was made by Commissioner Coyle and seconded by Commissioner Henning. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: (Absent.) COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign? (No response.) CHAIRMAN HALAS: Carries unanimously. Thank you. Item #9C RESOLUTION 2006-62: RE-APPOINTING ERIC GUITE TO THE CONTRACTORS LICENSING BOARD - ADOPTED MR. MUDD: Commissioner, this is the next item, which is 9C. It's a confirmation of an appointment of a member to the Contractor's Licensing Board. And I believe this is the City of Naples -- Page 43 March 14, 2006 MS. FILSON: Yes, sir. MR. MUDD: -- appointees. CHAIRMAN HALAS: Eric D. Guite. I believe he was on once before. MS. FILSON: Yes. His term expired in 2005, and he didn't want to be reappointed, and they couldn't find anyone, so he called up and volunteered to serve again. COMMISSIONER COYLE: Motion to confirm the appointment of Mr. Eric D. Guite. CHAIRMAN HALAS: Okay. And I'll second that motion. Any further discussion? (No response.) CHAIRMAN HALAS: If not, I'll call the question. All those in favor -- the motion was made by Commissioner Coyle and seconded by Commissioner Halas for Eric D. Guite-- signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: (Absent.) COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign. (No response.) CHAIRMAN HALAS: Carries unanimously, Item #9D RESOLUTION 2006-63: APPOINTING SHARON KENNY TO THE HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD - ADOPTED Page 44 March 14, 2006 MR. MUDD: Next item is 9D, appointment of a member to the Historical! Archaeological Preservation Board. COMMISSIONER COYLE: Motion to accept committee recommendations for the appointment of Sharon Kenny. CHAIRMAN HALAS: Okay. COMMISSIONER HENNING: Second. CHAIRMAN HALAS: Okay. There's been a motion for Sharon Kenny for the appointment on the Historical/Archaeological Preservation Board by Commissioner Coyle and seconded by Commissioner Henning. Any further discussion? (N 0 response.) CHAIRMAN HALAS: I'll call the question. All the those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: (Absent.) COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign. (N 0 response.) CHAIRMAN HALAS: Carries unanimously. Item #9E RESOLUTION SUPPORTING THE PROPOSED PERMANENT PROTECTION FOR FLORIDA ACT OF 2006, AS PROPOSED BY U.S. SENATORS MEL MARTINEZ AND BILL NELSON - CONTINUED TO MARCH 28, 2006 BCC MEETING - APPROVED Page 45 March 14, 2006 MR. MUDD: The next item is 9E. It's a recommendation to approve a resolution supporting the proposed permanent protection for Florida Act of 2006, as proposed by U.S. Senators Mel Martinez and Senator Bill Nelson, which protects the state from the threats of offshore drilling. And that particular item and resolution is at Commissioner Coletta's request. CHAIRMAN HALAS: Commission Coletta? COMMISSIONER COLETTA: Yes. I'd like to make a motion for approval and to direct the chair to send a letter of support on to the senators along with the proclamation, resolution rather. CHAIRMAN HALAS: Do you want that sent to both senators or just our senator? COMMISSIONER COLETTA: I want say send it to both. CHAIRMAN HALAS: Okay. Is there any further discussion on this? COMMISSIONER COYLE: I'd like to ask a question. CHAIRMAN HALAS: Sure. COMMISSIONER COYLE: Is there some disagreement among our elected representatives concerning this proposal? I've gotten the impression that there might be some disagreement. This is a proposal that permits drilling. It just permits it at 260 miles offshore. I'm wondering if other of our legislators are supportive of anything that permits drilling is the question I'm raising, and I don't know. I really don't know. COMMISSIONER COLETTA: If I may suggest? CHAIRMAN HALAS: Sure. COMMISSIONER COLETTA: You know, you bring up a good point. I was under the understanding there wasn't, but I'll tell you what, I'm willing to continue the item, and we'll have staff look into it to be able to give you that answer for the next meeting. Page 46 March 14, 2006 COMMISSIONER COYLE: That would be good. I think Senator Martinez has a good proposal, but it appears to me that there was some disagreement with some of our other -- CHAIRMAN HALAS: Senator Nelson. COMMISSIONER COYLE: No, no. CHAIRMAN HALAS: Okay. Because I thought Nelson and-- MR. MUDD: They're both-- CHAIRMAN HALAS: -- had basically the same point. COMMISSIONER COYLE: Diaz-Balart, I thought, had some concerns about it, as did Connie Mack. And I thought we at least should understand those before we take a position. COMMISSIONER COLETTA: I make -- I withdraw my first motion and I make a second motion that we continue this to the next meeting and we direct staff to poll the other local representatives to -- legislative delegation in Washington. CHAIRMAN HALAS: We've got Congressman Mario Diaz- Balart and Congressman Connie Mack then. MR. MUDD: I'll check with our two. CHAIRMAN HALAS: Commissioner Henning? COMMISSIONER HENNING: So the -- to understand the motion is to have our county manager put it on a future agenda? In the meantime, we'll ask the house side if there's any objection to this resolution? COMMISSIONER COLETTA: Right, so we can duly note it at the next meeting before we take a vote on it. COMMISSIONER HENNING: Okay. CHAIRMAN HALAS: And I think we need to go on the representative side and the senate side -- COMMISSIONER COLETTA: I agree. And that was -- I appreciate you pointing that out, Commissioner Coyle. CHAIRMAN HALAS: Okay. So does that give staff fair Page 47 March 14, 2006 enough direction what we need to accomplish? Okay. Thank you. MR. MUDD: Sir, that brings us to -- COMMISSIONER COLETTA: Well, we didn't take a motion-- vote on it. MR. MUDD: Oh, you have to take a vote, sorry. CHAIRMAN HALAS: Okay. This is a vote to continue this till the next meeting, I'm sorry. COMMISSIONER COLETTA: Do you have a second? MS. FILSON: I have a motion, but I don't have a second, . SIr. CHAIRMAN COYLE: Okay. COMMISSIONER HENNING: I'll second it. CHAIRMAN HALAS: All right. We've got a motion and a second to continue this to the next meeting until we get further direction from staff. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: (Absent.) COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign. (No response.) CHAIRMAN HALAS: Okay. It carries, unanimous. Item #10B PROJECT AGREEMENT WITH THE NATURAL RESOURCES CONSERVATION SERVICE IN SUPPORT OF HURRICANE Page 48 March 14, 2006 WILMA RECOVERY EFFORTS IN COLLIER COUNTY - APPROVED MR. MUDD: Commissioner, that brings us to our next item, which is lOB, and that is a recommendation to approve the project agreement with the Natural Resources Conservation Service in support of Hurricane Wilma recovery efforts in Collier County and approve a purchase order to Crowder-Golf, Inc., in the amount of$1,215,000, plus a 10 percent contingency of$121,500, for canal debris removal, for a total of $1,336,500, and approve a purchase order to R.W. Beck, Inc., in the amount of $86,982 for monitoring of disaster generated debris management, plus a 10 percent contingency on that particular order of $8,698, for a total of $95,680, and approve the necessary budget amendments. And Mr. Gene Calvert, your director of stormwater, will present. MR. CALVERT: Mr. Chairman, members of the board, for the record, Eugene Calvert, Director of the Stormwater Management Department, Transportation Division. This particular agreement, as noted, is with the Natural Resources Conservation Services, NRCS, to provide 75 percent funding for the removal of the debris in approximately 40 miles of canals and waterways that are maintained by the county. Earlier on during the year we've been working with FEMA to look at some of the debris removal. Since funding has become available through the NRCS, FEMA has stepped out. So that is to our advantage, because we were looking at approximately $600,000 of assistance through FEMA, where we're looking at approximately 1.34 million through the NRCS. We do plan on -- once this agreement is approved by the board, we're looking at approximately three weeks before we issue the Page 49 March 14, 2006 notice to proceed. It will take approximately 60 days to complete the work. CHAIRMAN HALAS: Okay. Commissioner Henning? COMMISSIONER HENNING: This is an advertised bid? MR. CALVERT: No, this is not. This is a -- one of the firms that was in our annual contract for approved debris removals. And we had three contractors that were under that contract. They were the only ones that were provided. MR. MUDD: Yeah, but that particular -- but that debris removal contract was an advertised bid in order to set it up for roads and whatever it took from the hurricane, and we did that prior to Hurricane Wilma coming in. MR. CALVERT: That's correct. It was previously approved by the board. COMMISSIONER HENNING: In this -- and this amount, $1.3 million, doesn't exceed the original bid; am I correct in that assumption? MR. CAL VERT: The original bid was based on proposals and whether they were qualified. So we went back out and received proposals directly for this particular project. COMMISSIONER HENNING: Okay. Maybe -- well, part of the debris removal, that was an emergency bid. It wasn't an advertised bid originally, right? MR. MUDD: No. What we basically did is we sent out to firms all across the United States and the State of Florida to figure out what firms would be qualified, okay. So it was a request for qualifications to basically do debris removal, generator issue and things like that for hurricanes, being prepared for and recovering from. The contractor that did our road clearing was on there. Crowder- Gulf did a lot of our generator issue during the hurricane and helping us after the hurricane. Crowder-Gulf was also one of the contractors Page 50 March 14, 2006 that complained, if you remember correctly, in the Naples Daily News about issuing the contractor -- or issuing our work to one contractor. They thought they were -- wanted to be part of that issue. The -- so this is basically with those firms that were identified for request for qualifications. The reason it has taken us so long to get this particular item here -- it's not because we didn't want to get it done. It's because, well, for lack of better words, the county was jerked around. The NRCS told us they didn't have any money and they're the particular federal agency that does canal cleaning, is responsible for it. They said they didn't have any money. Then it forced us to go to the agency of last resort, which was FEMA. We were working with FEMA. We had gone out and done all the surveys of the canals with FEMA for this particular work. And then just about the time we're ready to cut the contract with FEMA, NRCS comes back and says they do have money. FEMA puts their hands up and says, we're no longer the agency of last resort. You have to go back to the NRCS, so the whole thing started over again. So that's where we are with this particular item, and that's why it's taken us so long to get it to the board. COMMISSIONER HENNING: I kind of lost the answer to my question. I apologize. MR. MUDD: You asked the question, was this -- was this bid out as far as work was concerned. There was a request for qualifications and proposals that was sent out prior to the hurricane season, and this is one of the firms that were predetermined to be qualified to do the work. COMMISSIONER HENNING: Okay. In the RFQ, it was a -- material and time categorized, because it doesn't have it in here, and I apologize for not trying to get that information before. Is that correct, it's a time and material? Page 51 March 14, 2006 MR. MUDD: And this was negotiated. MR. CALVERT: No. This was a negotiated contract for lump sum for the complete work. I may also mention that had -- there was three firms that are prequalified under this approved contract. COMMISSIONER HENNING: So this $1.3 million is for -- here's the canals, go clean them up. Here's the money, here's the canals, go clean them up. MR. CALVERT: Under certain guidelines, yes, that's correct, to remove the debris and take it out of it, dispose of it. COMMISSIONER HENNING: What -- and, again, I apologize for not asking these questions prior to the board's meeting. What are the guidelines? MR. CALVERT: The guidelines are set out by the NRCS. They have very strict guidelines in what can be eligible for their funding and how much needs to be done. And in this particular case, it's from bank to bank and anything in between will be removed, the debris. COMMISSIONER HENNING: Okay. MR. MUDD: Gene, the particular canals were surveyed for what work needs to be done; is that correct? MR. CALVERT: They were. They were identified in the FEMA -- initial work with FEMA. And then as I stated, we actually had a narrower scope, because FEMA was not funding as much as NRCS was. But they were all surveyed, they were identified for debris. NRCS approved the survey and the maps for the work to be completed. COMMISSIONER HENNING: And the debris that's -- the debris was surveyed? Where's some of the cleanup areas? MR. CALVERT: Well, for instance -- and in fact, I have maps of many of the areas, if you're curious. Rather than showing them all, I made them fairly small in some of these Page 52 March 14, 2006 areas. But there are a lot of the canals in the Golden Gate City, the Gordon River drainage areas. As I said, we have approximately 40 miles of canals throughout the county. COMMISSIONER HENNING: By the way, Commissioners, about three weeks ago I was at Rock Creek RV park, and those folks banded together and got out in their boats and their waders and cleaned the Rock Creek drainage basin out there by themselves, spent numerous of -- hundreds of hours doing that, and that was a real privilege to recognize them for their efforts. MR. CALVERT: It absolutely did help. We are -- do have quite a bit more cleanup yet in the Rock Creek area, so we will be doing some additional area, but their work did certainly help. COMMISSIONER HENNING: They just want you to hurry up and dredge it, by the way. MR. CALVERT: I'm sure they do. CHAIRMAN HALAS: Has this been approved by the Clerk of Courts? MR. CALVERT: The contracts have, yes. CHAIRMAN HALAS: Is there any other discussion? COMMISSIONER COLETTA: No, other than the fact that I think this is a good news item that a lot of residents from Copeland to Everglades City have been looking for for some sort of relief, and I would suggest that we ask staff to make a news release. Possibly the chair may wish to put a quote into it. CHAIRMAN HALAS: Any other further discussion? Do I hear a motion? COMMISSIONER COLETTA: Motion to approve. CHAIRMAN HALAS: Okay. Do I have a second? COMMISSIONER COYLE: Second. CHAIRMAN HALAS: Okay. Motion to approve by Commissioner Coletta, and a second by Commissioner Coyle in Page 53 March 14, 2006 regards to having the creeks cleaned out at the described amount of money that was designated. No further discussion, I'll call the question. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: (Absent.) COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Those opposed, by like sign? MR. CALVERT: Thank you, sir. CHAIRMAN HALAS: Motion carries. Thank you so very much. Okay. And I think we'll take a 10-minute break. If everyone could be back at 10:37, I'd appreciate it very much. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, please take your seats. CHAIRMAN HALAS: Board of County Commissioners' meeting is now back in session. Item #10D ASSOCIATED EXPENSES NOT TO EXCEED $5,000 WHILE COLLIER COUNTY HOSTS THE SOUTHWEST FLORIDA CONSORTIUM LEGISLATIVE DAY IN TALLAHASSEE ON MARCH 23. 2006 - APPROVED MR. MUDD: Commissioner, the next item on your agenda is number 10D, and that is a recommendation to approve the associated expenses not to exceed $5,000 while Collier County hosts the Southwest Florida Consortium Legislative Day in Page 54 March 14, 2006 Tallahassee on March 23,2006, which includes providing breakfast and lunch to county commissioners and staff of participating counties and municipalities. And Ms. Debbie Wight, Assistant to the County Manager, will present. MS. WIGHT: Good morning, Commissioners. CHAIRMAN HALAS: Good morning. MS. WIGHT: I'm here mainly to answer any questions. The executive summary is pretty explanatory. COMMISSIONER COYLE: Motion to approve. COMMISSIONER COLETTA: Second. CHAIRMAN HALAS: Okay. MS. WIGHT: That was easy. CHAIRMAN HALAS: Motion to approve the five - the expenses not to exceed $5,000 for the Florida Consortium Legislative Day. Motion was made by Commissioner Coyle and seconded by Commissioner Coletta. Any further discussion? Commissioner Henning? COMMISSIONER HENNING: You are aware that the legislators cannot accept lunches or breakfasts or -- MS. WIGHT: I'm aware of that, Commissioner, and as soon as I get the final cost, I'm going to provide to them the cost of the breakfast and the lunch. CHAIRMAN HALAS: Okay. Any further discussions? (No response.) CHAIRMAN HALAS: I'll call the question. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: (Absent.) Page 55 March 14, 2006 COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign? (No response.) CHAIRMAN HALAS: Carries unanimously. MS. WIGHT: Thank you. CHAIRMAN HALAS: Thank you. Item #10E JUNE BUDGET WORKSHOP DATES AND SEPTEMBER PUBLIC HEARING DATES AND BUDGET POLICIES- APPROVED MR. MUDD: Commissioner, the next item is item 10E, and that's the board -- that is that the Board of County Commissioners adopts budget policies as detailed in the amendment to the executive summary, establishes June budget workshop dates and September public hearing dates. And Mr. Michael Smykowski, Director of Office and Management and Budget will present. MR. SMYKOWSKI: Good morning, Commissioners. For the record, Michael Smykowski, O&B Director. Our purpose today is to reach consensus on the policies that will govern the development of our fiscal year 2007 budget. And, again, we need to set the June workshop dates and the September public hearing dates. The September dates are particularly important because there is an official pecking order, so to speak, in statute where the school board has the first choice, followed by the counties, and then followed by all the remaining municipal and independent fire Page 56 March 14, 2006 districts, so they're looking for us to set our dates so that they can, in turn, with their elected bodies, set their official public hearing dates. CHAIRMAN HALAS: Do you want us to do that right off the bat? MR. SMYKOWSKI: No. That's midway through the -- we'll just follow through. CHAIRMAN HALAS: Okay. MR. SMYKOWSKI: But we do need to do it today. CHAIRMAN HALAS: That's a separate motion by itself? MR. SMYKOWSKI: Yes. CHAIRMAN HALAS: Okay. MR. SMYKOWSKI: The executive summary itself is broke into three separate components. Pages 2 through 6 identify budget policies that are recommended, specifically for fiscal year 2007. Pages 7 through 10 of the executive summary provide standard budget policies that we've used for a number of years. The balancing of the executive summary then focuses on a three-year ad valorem analysis of the general fund and the unincorporated area general fund, just taking a look at the -- given a certain set of assumptions, looking at what the proj ected millage rates might be. Finally, the productivity committee, Mr. Mudd brought the proposed budget policies to the productivity committee for their review and comment, and there's a letter from Janet Vasey on behalf of the productivity committee with their recommendations that's also attached, and we've incorporated the bulk of their recommendations into the executive summary itself, but we did provide that as backup as well. With that, I'll turn to page 3 of the executive summary. The first recommendation the county manager has for fiscal year '07 is in regard to the general fund millage rate. Page 57 March 14, 2006 The manager's recommending capping ad valorem tax revenue in the general fund at a maximum increase of 16 percent and that any increase that might be received in taxable value above the 16 percent would result in a millage rate rollback or reduction. While there has been some recent cooling in the local real estate market, the productivity committee noted specifically that the assumption of 16 percent value may be somewhat optimistic. We need to recall that the taxable value for fiscal year '07, that the property appraiser will provide to us on June 1 8t is based on market activity through calendar year 2005, which was the -- pretty much the height of the local real estate market and kind of a frenzied activity where you had properties changing hands, the same house being sold twice in the same day, that kind of level of activity. So we're expecting that the taxable value will still be fairly significant. COMMISSIONER COLETTA: Are you going to entertain questions during the presentation, or do you want to wait till the end? CHAIRMAN HALAS: Why don't we go through it and then entertain questions. Would that work? MR. SMYKOWSKI: Commissioner, just as a recommendation. Given the volume of things, it might be easier to address them as we go -- CHAIRMAN HALAS: Break them down. MR. SMYKOWSKI: -- unit by unit, if that's your pleasure. CHAIRMAN HALAS: Commissioner Coletta had a question then. MR. SMYKOWSKI: Yes, sir. COMMISSIONER COLETTA: Well, actually it's not a question, you know. It's a suggestion, you know. We're still recognizing roads as our number one priority, and we know that the cost of roads is increasing, and we also -- last year when we were discussing about the Everglades interchange, we dedicated $750,000, and we were Page 58 March 14, 2006 discussing the fact that it was reoccurring funds that would be coming forward. My suggestion would be, is that we try to recoup as much money as we can for roads, you try to get even more aggressively into our road building program to be able to move forward. In other words, not worrying about the present cap. I think the citizens out there, rather than saving $100 on their taxes, would love to see roads provided sooner rather than later. So that's a suggestion I'm going to give to the commission, and I hope it enters into the discussion as we go forward. CHAIRMAN HALAS: I have one question as you're making the presentation. Do you have any idea in regards to Band-Aids that are going to be addressed in this upcoming legislative session in Tallahassee in regards to what requirements we're going to have to make? I know that there's one requirement that's the department of juvenile justice. I think that's well over $2 million that is coming -- that's going to be passed down to us. Do you know of any other issues that we should be aware of as we go through this budget process? MR. SMYKOWSKI: One is, obviously, portability of Save Our Homes, whether or not that carries enough momentum and the impact of that, which is somewhat unknown because there are varying options there whether or not that's going to be portable only if you move within the county or if you move from one county to another. That's one. There are also a number of bills relative to impact fee interest, that the impact fee interest needs to stay with the impact fee fund upon which the interest was earned. You'll recall a few years ago, relative to investment earnings, they are largely directed to the general fund. That would have an impact of about $5.7 million based Page 59 March 14, 2006 on fiscal year '05 interest earnings on impact fee funds alone, so that is one that seems to have a certain bit of momentum obviously. And I guess, finally, retirement rates. We -- there's a whole host of -- they review that in a two-year cycle. The second year -- they assume that there's a worst-case scenario when they adopt a two-year bill for retirement rates. The second year assumes that no surplus is applied in the program to buy down the rates. So there's a worst-case scenario in the second year. Obviously the legislature has to decide it in that second year and they annually re-up and decide on retirement rates, so the extent to which that's going to impact us is unknown. It will probably be determined at some point in May. So there are a whole host of things. I don't know if Mr. Mudd has any other comments relative to that. MR. MUDD: I think you hit them all, Mike, at least the ones that we know of right now. CHAIRMAN HALAS: How about, is there going to be any Medicaid requirements that are going to be pushed down from the state down to county level? MR. MUDD: Commissioner, there's two -- there's - they were talking of a handful of municipalities and counties being the test case in Florida for the new program for Medicaid and Medicare, and we do not have any -- any input at this time. There's always that possibility, sir, but I can't tell you definitively one way or the other we'll know by May. CHAIRMAN HALAS: Okay. So the two unknowns at this point in time are where we may have to turn over the interest and impact fees back into impact fees and not put that into the general budget; is that correct? MR. SMYKOWSKI: Yes, sir. Page 60 March 14, 2006 CHAIRMAN HALAS: Okay. And the other one is the possibility that there may be some type of a limitation in regards to impact fees themselves, is that correct, as we see the legislation -- MR. SMYKOWSKI: Yes. CHAIRMAN HALAS: -- at this point in time? I realize that we're a long ways away . We're probably about six weeks away or so. The other thing that concerns me, as I went through the FY -'07 budget policies through nine, every year there seem to be a segment of where there was a CRA that's open to the city, and each year we have to put in an additional $200,000 each year; is that correct? MR. SMYKOWSKI: The 200,000, sir, is an estimate. We actually pay an increment to the city based on the increase in the assessed value of the CRA district itself. So when we get the taxable value from the property appraiser in June, he will also give us the property values of not only the Naples CRA, the downtown 5th Avenue CRA, but also the Bayshore/Gateway Triangle CRA and the Immokalee CRA, and we make those payments, again, based on that increment, annual increment of increased value. Obviously the 5th Avenue property in the heart of the City of Naples is highly valuable, and its relative location and proximity to the beach lends itself to high increases. That's been a very desirable area. So the increases have been rather significant. CHAIRMAN HALAS: Okay. What do you think the cash outlay will be in two years' time for all those CRAs? Do you have any feeling on that? MR. SMYKOWSKI: Bear with me one moment, please. CHAIRMAN HALAS: Okay. I should say the increased cash outlays for each year. MR. SMYKOWSKI: Probably a half million dollars between Page 61 March 14, 2006 the three of them, as a quick and dirty guesstimate. CHAIRMAN HALAS: For each year? MR. SMYKOWSKI: Yes, sir. CHAIRMAN HALAS: Okay. So in other words, after three years, that's increased to 1.5 million? MR. SMYKOWSKI: Yes. CHAIRMAN HALAS: Okay. MR. MUDD: Yes, sir. And that's kind of the basis for CRAs. You set your base, and then the years afterwards the base amount, when it was established, continues to be put into the coffers of the counties and the cities. But after that year, any incremental -- that's that TIF Fund, that incremental fund, that's what they use in order to fund the improvements in that particular CRA that -- and they're trying to change it from a blighted condition and get it back on its feet, and that's the basis for that. The other thing I would say to you, and that -- we talked about anything over 16 percent on increased assessed value, and then you had mentioned some -- some unfunded mandates that we might get from the state and you put those down. And I believe that the second part of this particular guidance is, the guidance to the staff and to the constitutionals, are bring in your budgets below 12 percent so that it automatically brings to the forefront, well, what are you going to do with the money between the 12 and the 16 percent? And I believe that's your safety valve in this particular guidance based on those -- those unknowns that we have right now on the state side of the house because of legislative impacts to the county. CHAIRMAN HALAS: Okay. My last question is in regards to -- the sheriff has already spent about 7.1 million, I believe, and he's got a budget that's coming in right around 12 million. Do we anticipate any other up-charges from that constitutional? MR. MUDD: Commissioner, the $7.1 million figure that you Page 62 March 14, 2006 mentioned is basically the result of the 8 percent increase that was announced in January -- on January 10th to be applied to all the salaries in the sheriffs office for his personnel. There was -- there was an article in the Naples Daily News that basically talked about the partial year could be absorbed by the current budget; however, for the '07 budget, the increased cost of that particular decision would be some $7.1 million as far as the increase. He has provided a three-year projection at Mr. Smykowski's office on the increases to his particular budget, but there is one caveat, if I recollect, Michael, if you could help me, and it said that this projection does not increase -- excuse me - does not include increases in administrative staff, if I remember correctly. MR. SMYKOWSKI: That's correct. The clerical support functions, dispatch and the like was not included. The analysis tries to capture things that are relative mandates that we will have to absorb. Positions coming off grants that we are required to fund. If we have new facilities coming on-line, obviously it's a given that the facility is going to open and require staffing, just like the jail over the last few years. So we try to limit that. But he also says, you know, over the last few years I've added so many additional road patrol folks, at some point that will necessitate additional support staff, either clerical, filing, human resources staff, whatever the case may be. CHAIRMAN HALAS: Are there any other further questions? If not we'll have -- Commissioner Henning? COMMISSIONER HENNING: I'd like to do a short presentation, Commissioners. It will only take a few minutes. I have new information, and I hope to give some guidance after that. CHAIRMAN HALAS: Would you -- would you like to have the staff get their presentation out of the way and then we'll take Page 63 March 14, 2006 COMMISSIONER HENNING: That's fine. CHAIRMAN HALAS: Okay. Why don't you continue on. We'll finish the staffs presentation, and I believe Commissioner Henning has got something he'd like to present. MR. SMYKOWSKI: That's fine. Thank you. As Mr. Mudd alluded, the general fund budget allocations, again, using that relative proportion, but capping increases to 12 percent so that the board would have some flexibility between the 12 percent level and the 16 percent level with the increase in -- assumed increase in taxable value to address things like those mandates that may come our way, Commissioners. The unincorporated area, millage target, the -- top of page 4 of the executive summary. It's recommended to maintain millage neutral status there. The big issues in the unincorporated area are median -- the median landscaping program and ongoing maintenance thereof and addressing roadway resurfacing and the beginnings of construction, conversion of lime rock roads to paved roads in the Golden Gate Estates. So the staff recommendation is millage neutral for the unincorporated area. Mr. Mudd is further proposing to continue to limit expanded positions to maximize organizational efficiencies. Capping them at no more than 25 net new positions in the county manager agency. Again, trying to foster efficiencies, promote efficiencies, and it also recognizes that there are a large number of existing vacancies, and that -- we're in the process of trying to fill. The productivity committee had a recommendation in this regard. It's noted in the middle of page 4 on your executive summary that any department with expanded positions would add an organizational chart, and they would do a concurrent review of spans of control and level of management within those departments, and they agreed to take on those tasks and perform those reviews. Page 64 March 14, 2006 Limitation. The next item is limitation on current service, discretionary operating expenses to 4.7 percent, which is the CPI for the Miami/Fort Lauderdale SMSA. Healthcare program cost sharing would remain at the 80/20 percent. We've gotten there over a series of five years, shifting from 90/10 to 80/20. The recommendation is still that it should be uniform across all agencies, recognizing that all county employees would be treated equally in terms of cost sharing for healthcare premium. Compensation administration. The proposal, again, is the -- continue what we've termed the three-legged stool that includes a cost of living component, a component for an awards program, and a pay plan maintenance component. The cost of living would be 4.7 percent. Again, that's based on the December to December change in the Miami/Fort Lauderdale SMSA. One-and-a-halfpercent for an awards or a merit program, and .25 percent for pay plan maintenance for a total of 6.45 percent. Stormwater management capital funding. You've made some headway in this regard. This was a program area that did not have a dedicated funding source. It was a longstanding program area that was largely underfunded. The board has committed to this program in the form of having a dedicated millage that would also provide you - having a stormwater utility provides the dedicated match that is required to match federal or state grant funds that are available. Mr. Mudd is proposing to continue that. In terms of scheduling, Commissioner Halas, we had talked about June workshop dates. The proposed dates for the board agency and courts is Thursday, June 22nd, the -- Friday, constitutional officers, June 23rd, and then a wrap-up schedule as needed on Page 65 March 14, 2006 Monday, June 26th, and those -- we worked those dates with the staff and with Ms. Filson, so those are tentatively scheduled there. MR. MUDD: And I brought that up to the board a meeting or so ago because we had a F AC conflict, and we changed the board meetings to try to adjust for the F AC annual convention on Marco, which happens to be the last week of June. And we basically have BCC meetings on the first Tuesday and the third Tuesday of June. So this basically tries to arrange it around. So, in other words, when we did this, the budget workshop dates are actually later than they were originally planned. MR. SMYKOWSKI: Adoption of the proposed millage rates is -- the staff recommended date is Tuesday, July 25th. Weare required by law to provide the proposed millage rates to the property appraiser for the purpose of preparing the TRIM -- truth in millage or TRIM notice by August 4th. And then the public hearing dates, the recommended dates by staff are Thursday, September 7th, and then the final hearing two weeks later on Thursday, September 21 st. The school had first priority, and they had tentatively scheduled September 14th for their final public hearing date. It's also important to note here, relative to the scheduling issues, that the board had previously approved a resolution requiring the clerk, sheriff and elections budgets to be submitted by May 1 st. In terms of comparative budget data, we're, again, recommending that. The five counties that are proposed are Sarasota, Lee, Charlotte, Marion and Manatee. A question had arisen as to why we were not using Palm Beach County. We had used Palm Beach County in the past. When the sheriff at one point was looking to appeal his FY-'05 budget Sar -- or excuse me -- Palm Beach County was not one of the five counties Page 66 March 14, 2006 that was selected by the governor's staff for use in a comparison at that point. We chose not to use Palm Beach County given that if there were to be an appeal, Palm Beach County data would not have been requested or required by the governor's budget office, so we felt at that point we selected another county in lieu of Palm Beach County. CHAIRMAN HALAS: I have a question by Commissioner Coletta. COMMISSIONER COLETTA: Yes, and I'm a little bit lost. Would that still apply to what we're doing here? Because Palm Beach County has so much similar to Collier County as far as demographics in the fact it's so big. I know it's more population, but still, they have a rural population very similar to what we've got in Immokalee, they've got a very affluent population on the coast, and they experience a lot of the similar situations. Does that still lend itself true as far as being challenged by the governor if we were to use it for our own references? MR. SMYKOWSKI: No, but that was logic behind why we dropped them at one point. Because in fiscal year '05, we did a comparison utilizing Palm Beach County. And if it's the prerogative of the board, obviously we could add Palm Beach County as a sixth county -- COMMISSIONER COLETTA: Let me ask you this -- MR. SMYKOWSKI: -- if you desire. COMMISSIONER COLETTA: -- because I mean, it's not overriding importance to me that it's done, it's just I was trying to come up with something that was more equal apples to apples rather than apples to oranges, and I have some questions about Manatee County as far as the likelihood that we have that much similar to them, or some of the others. Lee County might be a better one to go Page 67 March 14, 2006 with, but then again, too, you know, it's not quite the affluent population that we have here in Collier. How involved would it be for you to include Palm Beach County? Would it require hours and hours of research, or is it something that could be done -- MR. SMYKOWSKI: No, sir. We've got a fairly standardized format that we use, and given that we've done that budget in the past, it's an initial acclamation period to how their budget book is structured, but we still have the data from a few years ago. So I don't think it would be that difficult to add. COMMISSIONER COLETTA: As one commissioner, I would like to see that to be able to have a better comparison across the board, but I may be the only one that feels that way. CHAIRMAN HALAS: Do I have any feeling from any of the other commissioners sitting here? COMMISSIONER HENNING: Commissioners, I have some information on Palm Beach in my presentation. CHAIRMAN HALAS: Okay. COMMISSIONER HENNING: Okay. You might want to wait till then. COMMISSIONER COLETTA: Then I'll let that lie for now. If there's an interest on the part of this commission, so be it. MR. SMYKOWSKI: Okay. Thank you. COMMISSIONER COLETTA: Thank you. MR. SMYKOWSKI: I'll continue. Reserves. We're, again, recommending the two-and-a-half percent contingency in the general fund. A two percent accrued salary savings to be utilized universally. While attrition has grown to three-and-a-half, the market for new employees is very competitive and complicated by the county's relatively high cost of housing, and it is becoming more difficult, obviously, to attract new employees and secure them at entry-level Page 68 March 14,2006 salaries. So we're recommending continuing the use of the two percent salary savings factor. The productivity committee commented on that, given that both Mr. Mudd and the sheriffs staff, you know, had commented about their current year vacancy rates. Obviously, if we continue to experience those, vacancy threats would be taken into account in our salary forecast for the current year, which would provide some carryover funds that could be reallocated. The next item, there was -- the productivity committee recommended strongly that each agency manager at the first public hearing in September certify that his or her budget -- I'm reading directly to quote -- is still an accurate representation, and all material aspects have been tendered expenditures in FY -'07 in terms of funded personnel, whether or not it's realistic that they can be hired, the pay raise increase, additional newer expanded programs not previously identified. They were, I think, specifically concerned that the -- with the sheriff's 8 percent across-the-board pay raise that did not go -- that did not go to the commission prior to its inception. Overtime limitations. We're recommending the same policy as last year. Again, a multiplier of 2 percent by the 2 percent attrition amount. That's fairly onerous, but it does fairly restrict the level of overtime. And Mr. Mudd, again, is trying to put the squeeze on departments to work a little smarter and avoid overtime where possible. That concludes the policies that are directly related to '07. We do have standard budget policies relative to grant-funded positions being added as expanded, should they be requested in a non-grant fund budget. The use of gas taxes, again, being committed to the road program, that we have a self-insurance fund, that we will not fund Page 69 March 14, 2006 non-mandated contract agency funding. Again, these are standard policies that we've used for a number of years. I'll treat them on an exception basis rather than -- since they have been affirmed by the board on an annual basis for a number of years, rather than walking through them individually. And then the balance of the executive summary talks about the three-year projection in the general fund with a 16 percent assumed increase in taxable value in '07. We were slightly above the millage- neutral level. Again, though, this is not based on actual budget submittals. This is based on an analytical model given a certain level of assumptions at this point. And we assumed 8 percent increase in taxable value for FY -'08 and '09, given the current conditions in the local housing market. In the unincorporated area general fund, that looks fairly strong. We were, again, recommending millage neutral, and we would have the ability to maintain that millage-neutral status over the next three years, for '07, '08, and '09, given the assumptions in taxable value. And with that, sir, I conclude my presentation, and I guess I'll turn it over to Commissioner Henning. CHAIRMAN HALAS: Is there any questions to staff in regards to this? (No response.) CHAIRMAN HALAS: If not, we'll go right into -- MR. MUDD: You have an 11 o'clock time certain. Do you want to break or -- do you want to break into it, or do you want to continue on? CHAIRMAN HALAS: We'll get this portion done, and I hope that we can get this wrapped up. We have one-- COMMISSIONER HENNING: Mr. Chairman, I won't take up much of your time. I have shortened my presentation. I know I'm not going to get anywhere with rollback, but I think it's important Page 70 March 14, 2006 for you to see this information in your deliberation. I just think it's wrong for us to assume or base a budget on how much increased taxable value that the property appraiser's going to appraise. I think it should be based upon the needs of the community, what we need to provide to the community. But it's -- are you all set? Okay. Well, let me go to the office, and if you want to take a short break while we have some staff presentations -- and, again, it will only take just a few minutes for this presentation. CHAIRMAN HALAS: Okay. Can we put this off to the side, table this for the time being, and go to the -- to our time certain? Would that be okay with you, Commissioner? And then we'll come right back to it. COMMISSIONER COYLE: Motion to table. COMMISSIONER COLETTA: Second. CHAIRMAN HALAS: I have a motion to table this and a second. All those in favor, signify saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: (Absent.) COMMISSIONER HENNING: (Absent.) CHAIRMAN HALAS: Okay. Let's go with the time certain. Item #10A REVIEW THE WRITTEN AND ORAL REPORTS OF THE FOLLOWING ADVISORY BOARDS AND COMMITTEES SCHEDULED FOR REVIEW IN 2006 IN ACCORDANCE WITH ORDINANCE NO. 2001-55: AFFORDABLE HOUSING Page 71 March 14, 2006 COMMISSION, BLACK AFFAIRS ADVISORY BOARD, COLLIER COUNTY CITIZEN CORPS, FOREST LAKES ROADWAY AND DRAINAGE ADVISORY COMMITTEE AND HISPANIC AFFAIRS ADVISORY BOARD - APPROVED AS PRESENTED MR. MUDD: Commissioner, this brings us to our 11 o'clock time certain, and this is item number lOA. This item to be heard at 11 a.m. to review the written and oral reports of the following advisory boards and committees scheduled for review 2006 in accordance with ordinance number 2001-55, affordable housing comm -- excuse me -- 2005, and the listing of the different committees are Affordable Housing Commission, Black Affairs Advisory Board, Collier County Citizens Corps, Forest Lakes Roadway and Drainage Advisory Committee, and Hispanic Affairs Advisory Board. And Mr. Michael Sheffield, Assistant to the County Attorney, will orchestrate these presentations. MR. SHEFFIELD: Good morning, Commissioners. Mike Sheffield, from the County Manager's Office. The purposes of these views are for you to determine if the advisory boards and committees continue to address the issues for which they were established and to determine if any revisions are necessary . The written reports are included in your agenda packet. After each presentation, it is requested that you make a recommendation to either accept the committee's report as presented or to propose any changes that you would like to see happen with that committee. And if there are no questions at this point, I'll introduce your first speaker. CHAIRMAN HALAS: Okay, please go ahead. Page 72 March 14, 2006 MR. SHEFFIELD: Jeff Cecil, representing the Affordable Housing Commission. MR. CECIL: Good morning, Commissioners, Mr. Chairman. Your report of the Affordable Housing Commission -- good morning -- is before you. We believe that the recent amendments made to the authorizing ordinance have strengthened the AHC and make more achievable the purpose of creating, reviewing and recommending policies of this board in our collective efforts to increase the supply of decent, safe, affordable housing throughout the county. I want to commend Joe Schmitt, Denny Baker, Cormac Giblin, the County Attorney's Office, and the housing staff for their work and assistance to us during the past four years. Weare aware of certain concerns that our focus has been limited to housing for the poor. But, Commissioners, the AHC is concerned about all levels of housing. We have a Habitat representative for sure, and he's a very vocal one, but we also have members who are concerned with employee housing, their children's housing, housing for the disabled, and me, I'm concerned not only for my own employees' housing, but also housing for seniors. Weare reviewing new ideas, new concepts, new research for means of solving these problems created by a market that has driven the median house price to 511,000, converted rental stock to condominiums and made it just plain difficult for, first, our entry- level employees, then our experienced employees, and now even seasoned professionals, to afford the housing costs of this beautiful paradise. More and more of our workforce is finding that they must pay much more than 30 percent of their earnings toward housing. And ladies and gentlemen, that is the definition of affordable. It is 30 Page 73 March 14, 2006 percent of our annual income. If we pay more than that, then the housing is not affordable. And if I pay $60,000 for a house and I only make 150, I have exceeded the affordability. The housing commission -- Affordable Housing Commission has a mission, and each of us is proud to serve this county in our collective efforts in the ongoing struggle to make decent, safe, affordable housing to all of our employees, and I want to thank you for allowing us to serve. CHAIRMAN HALAS: Thank you very much. COMMISSIONER FIALA: Jeff, I just wanted to apologize a little bit. I'm sorry I walked in in the middle of this. I had to be down in the elections office for the Canvassing Board, so -- MR. CECIL: I had just started. COMMISSIONER FIALA: -- I apologize. Okay. MR. CECIL: I just started, thank you. CHAIRMAN HALAS: Thank you very much. Next presenter? MR. SHEFFIELD: The next speaker is Irene Williams, representing the Black Affairs Advisory Board. MR. MUDD: Commissioner, do you want to -- do you want to have separate motions for accepting their annual reports or you want to do that all at the end? CHAIRMAN HALAS: I think we'll just -- can we wrap it all up in one motion? MR. MUDD: Yes, sir. CHAIRMAN HALAS: Let's do it that way, because I think that we're not going to have any discrepancies here. MS. WILLIAMS: Good morning, Commissioners. My name is Irene Williams, and I'm the chairperson of the Black Advisory Board. We sent in a report to you, and I don't know if have you any questions concerning it. But in 2005, we didn't have too good of a Page 74 March 14, 2006 year because there was some tragedies that happened personally to me, and we had problems with keeping people the board. But we have started off in 2006, and we have a full board, and we're excited, and we hope that we're going to reach some issues with the black community that we can present to you that you can help us to solve. CHAIRMAN HALAS: Okay. Is there any questions? (No response.) CHAIRMAN HALAS: If not, thank you so much, very much, for your presentation, and I'm glad that everything is back up and . . runnIng agaIn. MS. WILLIAMS: Oh, yes. CHAIRMAN HALAS: Thank you so much for -- MS. WILLIAMS: Thank you. MR. SHEFFIELD: The next speaker is Walter Jaskiewicz, representing the Citizens Corps Advisory Committee. MR. JASKIEWICZ: Good afternoon, Commissioners, I'm chairman of the Collier County Citizens Corps Advisory Committee. You all have a package, packet, from last year in front of you. I just want to add a few items to that, let you know how well the citizens corps is doing this year. I have exceptional praise for the Collier County Emergency Department for outlining many of the programs we are presently involved with, and they've been very successful. I think the success of the citizens corps in Collier County has really been proven this last year with the recent hurricanes that we had. The many services that we have provided through our volunteer organizations have been extraordinary in respect to the amount of the taxpayers' dollars they have saved to the taxpayers of Collier County. This year we're embarking on a program, which we have held workshops on, and it's entitled, Getting the Message Out. Page 75 March 14, 2006 What we're steering towards this year, in view of the news of the hurricanes increasing this year, is to get the message out to the people that they have to be prepared in Collier County to be self-sufficient for at least three days before we can get assistance to them. Now, we're trying to get this message out by coming to your commission meetings. I believe we were at Commissioner Fiala's meeting recently here. We had a table set up with information that was very well received from the citizens of our community. But this is what we're embarking on this year. I also would like to mention that there is a tremendous amount of support from the entire Citizens Corps Advisory Committee to seek your support in getting the EOC established as quickly as possible in Collier County. It's a very, very essential and needed item in this county . If you have any questions, I'd be glad to answer them. CHAIRMAN HALAS: Is there any questions from commissioners? If not, thank you so much for your presentation. MR. JASKIEWICZ: Thank you. MR. SHEFFIELD: The next speaker is Bob Jones, representing the Forest Lakes Roadway and Drainage Advisory Committee. MR. JONES: Good morning, Commissioners. I understand you have this presentation in your package, so you sort of have a guideline of what we're doing. I want to thank you for your assistance. This is my second time before you giving a summary of what we're doing. We have made, during the past three years, quite a stab at getting caught up. Our income now is higher, and we have spent some-- over a million dollars in projects of pavement overlay, pothole repairs, drainage and swale improvements, and we're making some headway with the storm drainage problems in Forest Lakes. Page 76 March 14, 2006 Our future goals include additional pavement overlay projects and additional and continued drainage improvements. With the assistance of an extra mill that you were helping us with last year, we were able to keep up our progress in spite of the continuing cost raises in all kinds of materials that we used for these projects. And in that area, we are studying the possibility of a bond issue. This would allow us to do the work we need to do at a much faster pace at no additional cost based on our payout over an amortization period over the life of the improvements, but does allow us to get it done in a hurry, anywhere from, I think, I would guess, based on my experience with this thing through the last several years, another year to 18 months. Then we could go into a maintenance mode and reduce probably at least one mill and still amortize the project over a period of time that it would have taken us to do it if we don't get the bond. And I think that's the fair way to look at it for the people. The people that are in this MSTU, unfortunately, about half are not voters in this state. They're not domiciled here, and they are not allowed to vote. So when this referendum comes up, we have to work doubly hard to get those people that have been allowed to buy properties and pay taxes and who are furnishing all the money within that district in its entirety through our MSTU effort to get these things done, and they need to be done. So your continued support is important to us. Do you have any questions? CHAIRMAN HALAS: Is there any questions from staff? (No response.) CHAIRMAN HALAS: Thank you very much, Robert, for your presentation. MR. JONES: Thank you. CHAIRMAN HALAS: Appreciate it. Page 77 March 14,2006 MR. SHEFFIELD: The last speaker is Ernesto Labrador, representing the Hispanic Affairs Advisory Board. MR. LABRADOR: Good morning, Chairman, Commissioners. I would also like to recognize the members of the Hispanic Affairs Advisory Board that are in the audience. You do have a packet before you, and I would like to read to you the general goals and objectives for the years 2006 to 20007. As established by the county Board of Commissioners, our mission is to improve the quality of life of Hispanic citizens by identifying and monitoring the needs and! or interests of the Hispanic citizens; to develop and promote programs addressing such issues; to ensure involvement of Hispanics in matters of community concern; to support the development of Hispanics in leadership roles; and to recommend to the Board of County Commissioners legislation that enhances programs, raising the quality of life within Collier County for Hispanics. In support of the Board of County Commissioners' Mission for HAAB, close linkage between public and private sector entities that can provide support for the realization is enthusiastically promoted. Concurrently a major goal ofHAAB is to develop and enhance programs that identify problem areas which include education, jobs, housing, and agriculture and various health issues. These goals will be implemented by personal contact with other organizations, both public and private, electronic mailing with the support of the County Manager's Office, and by three direct mailings to faith-based and secular organizations within Collier County. Develop programs that increase the visibility of the Hispanic population, highlighting their special interests and concerns, and especially those that further integrate them into the greater Collier County community through public and private programs, all activities Page 78 March 14, 2006 and efforts to be recommended to and approved by the Collier County Board of County Commissioners. I do have a further breakdown on our goals, however, time permitting -- I don't know if the time permits. If there is any questions from the commission, I would welcome them. CHAIRMAN HALAS: Are there any other questions of the commission? (No response.) CHAIRMAN HALAS: Thank you -- MR. LABRADOR: Thank you very much. CHAIRMAN HALAS: -- for your presentation. Appreciate it very much. CHAIRMAN HALAS: At this point in time, I entertain a motion for approving the oral reports from the Affordable Housing Commission, the Black Affairs Advisory Board, the Collier County Citizens Corps, and the Forest Lakes Roadway and Drainage Advisory Committee, and also the Hispanic Affairs Advisory Board. COMMISSIONER COYLE: So move. COMMISSIONER HENNING: Second. MR. MUDD: Could you add the written -- could you also add the written reports that are in your -- that are in your packet to that oral report? CHAIRMAN HALAS: Okay. And the written reports also, that COMMISSIONER COYLE: That's contained in my motion. COMMISSIONER HENNING: Second. CHAIRMAN HALAS: Okay. Any further discussion? (No response.) CHAIRMAN HALAS: If not, I'll call the question. The motion was made by Commissioner Coyle and seconded by Commissioner Henning. All those in favor, signify by saying aye. Page 79 March 14, 2006 COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Those opposed, by like, sign. (No response.) CHAIRMAN HALAS: Motion carries. Thank you very much for -- all the groups for your presentation, and thank you very much for your dedication. We really appreciate what you're doing. At this time I'll entertain a motion to untable or take off the table COMMISSIONER COYLE: So move. COMMISSIONER COLETTA: Second. CHAIRMAN HALAS: Okay. All those in favor, signify by saying aye, for taking this off the table. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. Commissioners, Florida Tax Watch, I believe I provided you information. It is a September 2005 release by Florida Tax Watch on the rising property values in the State of Florida. And Florida Tax Watch has looked at local governments using this increased assessed values as not a windfall but actually a tax increase. And in my perspective if we need to raise the taxes on the citizens in Collier County, we should tell them exactly what it's for, and I'm sure it would meet their priorities. Page 80 March 14, 2006 But they did some comparables between all the counties in the State of Florida on taxes levied using property taxes, local option gas taxes, fuel taxes, didn't include MSTUs and it didn't include impact fees in 1999, ranking Monroe County as the highest tax per capita, highest county tax per capita. And mind you, this is not just local county governments. It's also school boards, all the taxing districts within -- within the counties. At this time we ranked below the state average of approximately 550 per capita. It was below the state average of $600 per capita. In 2004 they released -- there's one of our comparables, Sarasota, in the recommendations. There's another comparable. Lee County, number six, taxable per capita. There's our Palm Beach County, Commissioner Coletta, Walton County, Martin County, Collier County, and Monroe County is taking the top. Again, so from 1999, we went from $550 per capita of taxation to the residents in our community to 2004 to over 2,000 per capita. We were below the state ranking in the State of Florida, and in 2004 we're above the taxation per state average. Now, I don't know about any others, but I don't enjoy being on the top 10, and I know that this Board of Commissioners is just one taxing district in our community, but I think that we need to start somewhere. Taxation of -- reported by the tax collector collected for all the taxing districts was almost $120 million from property taxes, taxes per capita, using the BEEBER, the same calculations that Florida Tax Watch did, but did not include gas taxes, fuel tax, and the like. And each year we say, we base our budget on increased property values. And we need to stop that and move towards servicing the needs of the people. And if it is a raise in taxes, I think that we should tell them what it's for. Page 81 March 14, 2006 The millage rate is just a factor. It's just a multiplier. It's the assessed value that we have been using that's driving our budget. This is the total property taxes. Information that was collected by -- and in our 2005 budget book. Those are not my figures. Those are our figures. That includes general fund, MSTUs, and unincorporated fund, and the MSTU's hasn't been really driving that. The black line shown in this picture, this graph, is if we would have done rollback. But I think this board made some good decisions with the guidance of the county manager is - we wouldn't have got the roads done that we did. That was a very good decision. Now, today, that we have an opportunity, not only to pay back the bonds from the roads, we put an extra $24 million into the road budget. And since we've been a commissioner, commission, we've taken the gas taxes, today approximately $16 million, that was used for maintenance of the roads that everybody enjoys paying into and say, we're going to use these funds for the new roads that we have to build for the backlog and our future residents. But, Commissioners, as it's stated in our budget guidance, it's to maximize the impact fees. Well, I'm waiting for -- I'm looking forward to the transportation impact fees to come in, as guided by the Board of Commissioners every other year, because we know that material and labor costs have increased. We know that assessed values increased. And I'm not willing to put more money into the transportation budget until we have growth pay for growth as we direct it. And I think it would be a bad message to send to the Board of Commissioners -- or to the public. Now, again, I'm not going to recommend rollback because I know by some of the comments I've been hearing it's going to be a 4-1 vote, okay? So I want to be productive in what we do. And I think that the county manager deserves some of his recommendations of budget policies outlined in page 13 of 20 of the expense Page 82 March 14,2006 assumptions. We could always debate this during the workshop on whether it's prudent information or not. CHAIRMAN HALAS: Commissioner, are you just about finished? COMMISSIONER HENNING: Yes. CHAIRMAN HALAS: Okay, sir. COMMISSIONER HENNING: I promise you I will not take two hours, at least two hours, on an issue on my street, okay. I'm only taking a few minutes. The -- just to give you an example, over a million dollars for stormwater improvements, which is recommended, but in our AUIR it predicted 7.5. So I think the time to discuss that is during the budget meeting. But there's some things that I don't agree on on page 9 of 20, is the unincumbered funds to be rolled back into our budget. I don't think that we're a bank for the property taxpayers in the county. I think that should be given back. If it's not tied to anything, where were we keeping it? The other thing, 10 percent -- CHAIRMAN HALAS: Commissioner, could you wrap it up, please? COMMISSIONER HENNING: Ten percent in the reserve fund -- I only have a few things, Commissioner, and I promise you, again, I won't take too much time today. Ten percent reserves from property taxes to help our bond rating to make the capital improvements that we need for growth in Collier County is a wrong message to send to the taxpayers. And the constitutional officers are -- must submit their budgets by May 1, but we're not going to get that information, our budget, until the 1 st of June. Why can't we have it earlier? Page 83 March 14,2006 The unfinanced request or unfinanced things from the State of Florida, we'll know that before our budget workshop, Commissioner. And if we have to do it, we have to do it. There's no way around it. But I truly -- I understand where Commissioner Coletta wants to be, but I think we can get there by having growth pay for growth. And I'm going to make a motion that we adopt the assumptions on page 9, that we guide -- that we ask the county manager to -- any unincumbered funds to be not allocated as a carryforward. Ten percent reserve funds, it should be 2.5, just like the other constitutional officers, request that the budget information be provided to the Board of Commissioners the same time that the budget is for the constitutional officers. And that's my motion. COMMISSIONER COLETTA: As written? I'm sorry, Commissioner Henning, was that amended or just as written here? COMMISSIONER HENNING: On page 9 or page 13? COMMISSIONER COLETTA: Oh, page 13. I was wondering why I couldn't follow it. COMMISSIONER FIALA: Oh, good. COMMISSIONER COLETTA: Yeah, that's why the confusion. I'm sorry . Would you -- COMMISSIONER HENNING: Page 13 is expenses of assumptions. COMMISSIONER COLETTA: Okay, yes. I follow where you are now. Just a few minutes, sir. COMMISSIONER HENNING: And I apologize. One mistake I did make is, stormwater capital improvement fund is $10 million, what's being proposed, but actually it's 7.5 million. I think I said a million. COMMISSIONER COLETTA: If I may? Can we also leave it open with the fact that if we can find any other unencumbered funds, that we might be able to direct them towards transportation? Page 84 March 14, 2006 COMMISSIONER HENNING: Beyond what I mentioned? COMMISSIONER COLETTA: Yes. COMMISSIONER HENNING: I'm fine with that. COMMISSIONER COLETTA: Okay. I can second your motion. COMMISSIONER HENNING: I'll include that in the motion. COMMISSIONER COLETTA: I second your motion. CHAIRMAN HALAS: I've got some concerns because I think -- are we talking about all constitutionals, or are we -- or are we talking about the school board in general? Because I think -- I'm just concerned about what we have -- what the motion is here. COMMISSIONER HENNING: Well, the motion just has to do with our budget. It has nothing to do any other taxing district. CHAIRMAN HALAS: Okay. I've got some concerns. Commissioner Coyle? MS. FILSON: Mr. Chairman, I have one speaker. CHAIRMAN HALAS: Yes, yes. COMMISSIONER COYLE: There are a lot of questions here. First of all, Commissioner Henning, what do you mean by rollback? COMMISSIONER HENNING: Rollback is using the existing property taxes, carry it forward, and add new construction. COMMISSIONER COYLE: And that's all? COMMISSIONER HENNING: Yes. COMMISSIONER COYLE: Okay. COMMISSIONER HENNING: Well, that's -- as far as the property taxation, yes. It doesn't include impact fees, it doesn't include some of those other fees that we charge for services. COMMISSIONER COYLE: Okay. Now, if you -- if you were to do that, what is the total amount of tax collections we would receIve -- COMMISSIONER HENNING: For-- Page 85 March 14, 2006 COMMISSIONER COYLE: -- for this year? COMMISSIONER HENNING: '07? COMMISSIONER COYLE: Yeah. COMMISSIONER HENNING: Well, that's -- that's -- you have to wait to see that. The assumption is, probably on new construction, is $6.5 million, or I just heard a whisper of $7 million. COMMISSIONER COYLE: So it would be a $7 million increase over what we had last year? COMMISSIONER HENNING: Yes. COMMISSIONER COYLE: Is that what we're saying? Now, we have an obligation to fund other constitutional officers. How do we get them to live within budget so we can afford to do that, since the sheriff is taking the entire 7 million? COMMISSIONER HENNING: Well, again, I'm not recommending rollback. I think it's prudent to go to true rollback. I'm not recommending that. That wasn't a part of my motion. COMMISSIONER COYLE: But you said that you were going to make a motion, or that you weren't going to make a motion for rollback, but that's what you thought we should do but you wouldn't get the votes to do it. Is that what you think we ought to do is go to true rollback? COMMISSIONER HENNING: Well, if we went to true -- gave that guidance to give true rollback and also give the guidance -- which is not on the table -- to come back on what the needs - to fill the needs of the community, the services of the community, that's what I was going to recommend. And, again, that's not on the table. COMMISSIONER COYLE: Well, I guess -- I guess I'm trying to do what you suggested we should do, take a look at what our obligations are to the people of Collier County and to the constitutional officers and develop a budget associated with that. I mean, I have never participated in a budget here that says, let's see Page 86 March 14,2006 how much money we get and then let's just spend it all. I have always, and I thought this commission had also, taken a look at what was mandatory with respect to the services we were given, and we came up with a list of priorities of any other projects that we wanted to fund, and then we decided we'd either fund them or we wouldn't fund them based upon their priorities. And I do recall that both you and I did vote to turn some of that money back to voters last time. So I don't think it's fair to say we've been approaching budgeting from the standpoint of just trying to spend whatever we can get. The problem that I see is that we first must identify what our obligations are. And if we have constitutional officers who are taking all of the rollback increase, then we're left in a bind. We have no money for cost-of-living increases, we have no money for salary increases for our employees, we have no money for things that we are obligated to provide to our citizens of Collier County because the prices of those services go up, the prices of electricity go up, the prices of gasoline go up. We have to have ways to pay for those things, and I don't know how we do that, and how we get there by talking about rollback. Just a very good example here. You used a figure of $816 million is what people pay for property taxes here in Collier County, and that's absolutely true, it's just that it doesn't come to us. COMMISSIONER HENNING: Right. COMMISSIONER COYLE: You know, we don't get $816 million. It goes to the school board and the fire districts and the water management district and mosquito control. We actually get the minor portion of all of that money . We get about 29 percent of all that money. So, you know, it's not like we can just control how much people pay in property taxes. It's not up to us to do. Page 8 7 March 14,2006 The other point is that, why did Collier County's property tax per capita increase so much? It's because people's homes increased in value. That's wealth to those people. I would dare say that those people would much rather have their property increase and -- in value 20 percent per year but yet have their taxes capped at 3 percent per year. So the people who are homesteaded here in Collier County are not paying these huge tax increases. It's the people who are not homesteaded in Collier County that are paying the huge tax increases. And we can debate whether or not they are being treated unfairly, but the point is, that's the law, and the state would have to change that law if they're going to change it, not us. So there are a lot of problems. But bottom line is, anytime I can identify a tax cut to the people in Collier County, I'm ready to jump on it and see if we can do it. COMMISSIONER HENNING: And I'm glad you're there, because I'm going to spend more than 10 minutes during the budget workshop. COMMISSIONER COYLE: Okay. COMMISSIONER HENNING: But, Commissioner, the recommendation is tied to the increased property evaluation. And I'm just saying I don't think that's the way we should be doing it. I think that we should be looking at the services that we need to provide to the residents, okay? That's all. COMMISSIONER COYLE: Okay. COMMISSIONER HENNING: And as far as the increased evaluation, 3 percent, 2 percent, 20 percent is still a tax increase, and all I'm saying is, whatever that increase is, we ought to tell the -- have the pride to stand up to the community and say, we increased your taxes for this reason. That's all. CHAIRMAN HALAS: Could I interject here one thing? Page 88 March 14, 2006 The -- Mike, if you could put on there the typical FY -'06 unincorporated area resident tax bill -- I think there's a pie there -- so that the people understand that -- what was $813 million that are collected, how the breakdown is here, okay, and so they get an understanding of what percentage of the pie belongs to the county's general fund, and, of course, that takes in all the constitutionals, and then, of course, we have fire control, mosquito control, water management, and, of course, we have the school board. COMMISSIONER HENNING: Well, Commissioner, I'll tell you the short answer, tell the public the short answer. The school board takes most of the money. CHAIRMAN HALAS: Well, I want to show that. COMMISSIONER HENNING: And I can tell you that they are the highest school taxation district in the State of Florida. CHAIRMAN HALAS: And we don't have any control over them. COMMISSIONER HENNING: But I don't have a vote. I do have a say-so as a taxpayer, and I've been telling the school board members that -- and showing them where they are. COMMISSIONER COYLE: And that's going to be an interesting display, that pie chart. But let me just make one brief comment about, I don't think we're trying to spend all of the money that comes to us. I think the county manager has made a proposal which permits us to send back millions of dollars to the people of Collier County. They're anticipating an increase of, perhaps, 20 to 21 percent. I think what is being said here is that we're going to limit it to $16 million primarily because $7 million of it has already been taken by the sheriff. We've got an obligation to support the sheriffs department. Page 89 March 14,2006 And so if that much of it is going to be taken by the sheriffs department, then we don't have much left to deal with. So we're voluntarily limiting our healthcare coverage to our people. We're voluntarily limiting the cost of living adjustment and the salary cost to work within that particular category so we can send back 6 percent, 5 percent -- MR. MUDD: Five percent. COMMISSIONER COYLE: -- five percent of the increased-- of the total amount back to the taxpayers. So it's not like we're trying to find ways to spend it. We're just trying to find ways to make ends meet, and then whatever the excess is, it ought to go back to the taxpayers, which is exactly what you're saying, and I think I agree with that, and I think you'd get a vote to approve that. I don't - I wouldn't shy away from making a motion to get that kind of tax -- CHAIRMAN HALAS: Five percent. COMMISSIONER COYLE: Yeah. COMMISSIONER HENNING: Well, we already have a motion and a second on the floor. COMMISSIONER COYLE: Well, but it didn't deal with that part. It dealt with expense assumptions for FY -'07, and I'm still a little concerned about the carryforwards. It appears to me that if you've got some proj ects that you know that you have not funded or because of timing could not be funded and the funds could not be obligated, but that you do anticipate that they will be obligated right after the end of the fiscal year, then, bang, that's your money. COMMISSIONER HENNING: Commissioner, it wasn't -- it said unincumbered funds, so it's not tied to any specific project. COMMISSIONER COYLE: I understand. But if you have a proj ect that is not funded that you know is -- that is going to be coming up in the next fiscal year, it would make some logic to move Page 90 March 14, 2006 those funds forward into the next fiscal year so they can be used for that purpose. COMMISSIONER HENNING: Well, the recommendations was just to roll those funds back in, those unincumbered funds, and I don't agree with that. COMMISSIONER COYLE: But not as unincumbered? COMMISSIONER HENNING: But not as unincumbered. COMMISSIONER COYLE: I think I would agree with that too. But if it's rolled in to be used for projects that are identified, that is a different story. COMMISSIONER HENNING: Correct. MR. SMYKOWSKI: Carryforward is also important because two-thirds of your general fund is ad valorem tax supported. The first influx of tax revenue doesn't come from the tax collector until about Thanksgiving. Our fiscal year begins on October 1 st. Your mandatorily, by statute, required to fund one-twelfth of the sheriffs budget -- and the sheriff's budget next year will probably be over $150 million -- COMMISSIONER HENNING: Only if the board approves it. MR. SMYKOWSKI: It's 140 million this year. It's not unreasonable to think it's going to be -- MR. MUDD: Yes, sir-- MR. SMYKOWSKI: -- in the order of magnitude. MR. MUDD: -- you're absolutely correct, sir. Go ahead, Mike. MR. SMYKOWSKI: But 12 mill-- so you're spending $12 million a month October 1 st and November 1 st that you are required by statute to fund to the sheriff before you've gotten dollar one of ad valorem tax revenue. Page 91 March 14,2006 Carryforward provides some of that buffer to pay for those -- pay for those services until the ad valorem tax revenue is received. That's one thing. Carryforward. Unreserved fund balance is important. You'll hear from your auditor at the next meeting that unreserved general fund balance is important. The recent hurricanes that we've experienced, we're spending $5 million this year out-of-pocket. That carryforward unreserved fund balance provides you some of that buffer to mitigate that and respond quickly and capably to the residents of this community . It's also an important safeguard relative to the county's overall financial position, and that is important when you're in the marketplace for bonds because they look -- one of the first things they look for is, what was the county's fund balance and how has it changed over the last few years in the general fund? That is one measure of the financial strength that the reasonable analysts that are rating the county's debt immediately honed in upon. COMMISSIONER HENNING: Well, I'm willing to put that on the table for further debate at the workshop. CHAIRMAN HALAS: Commissioner Coletta? COMMISSIONER COLETTA: Yes. I'm sorry. I didn't realize this motion was going to -- COMMISSIONER HENNING: I'm going to put that back. Let's -- that concern about the first quarter -- CHAIRMAN HALAS: Commissioner Coletta has the floor right now, please. COMMISSIONER COLETTA: I'm sorry. It was Commissioner Henning's motion, so I don't have a problem with them anticipating what my question is. COMMISSIONER HENNING: Yeah. The -- I'm going to put that -- I think it's important to debate that issue about the first quarter Page 92 March 14,2006 in -- or fiscal -- first fiscal year. So, you know, the details, we can hash that out at the workshop. So that's removed from my motion if that -- COMMISSIONER COLETTA: Yeah. Ifwe could go back here to the motion, it has to do with the expense assumptions. That's what we're dealing with. Was my addition of unincumbered funds to go towards roads, was that the problem? MR. SMYKOWSKI: Pardon me, sir? COMMISSIONER COLETTA: The motion that was made was to approve as it's written here, the '07 expense assumptions, then from that I added about the unincumbered funds that may result to be used for transportation needs for roads. Is that's what the problem is with the large discussion we're having at this point in time? Does that raise a problem? I know we seem to be getting far from the point of what's here. I mean, these are staff recommendations we're working with. MR. SMYKOWSKI: No. The concern is specific to reserves and being able to not put at risk the county's financial position, and that's tied to the carryforward issue as well. Just arbitrarily reducing carryforward for our reserve levels is something you would have to approach with great caution. And I think the recent hurricane experience over the last two years bears that out. And, you know __ COMMISSIONER COLETTA: Once again, I'll go back to my original question. Does the inclusion in that motion about unincumbered funds going towards transportation cause the problem that's here now? I want to try to work through this so we can get to where we all need to be. I hear the discussion going on and on and on, and I still don't have my answer. MR. SMYKOWSKI: Any unincumbered funds would go to transportation that would carry over from -- into fiscal year '07. Page 93 March 14, 2006 COMMISSIONER COLETTA: That raises the problem, right? MR. SMYKOWSKI: That would be a problem, yes, sir. COMMISSIONER COLETTA: Okay. Then I remove that from the motion and would like to have further discussion on this. My whole objective is to see what we can do to come up with extra funds over and above what we're doing now. Anything as far as a rollback goes, Commissioner Henning's right, I would be opposed to a rollback, but I would like to see any additional funds that come in be directed towards transportation. At what point we give staff that type of direction, I'm not sure. But if incumbered (sic) funds in the motion is a problem, then I withdraw my second, and, you know, ask for the motion to be reworded, or some way that we can get to the solution that would meet all needs. I don't want to cause a burden for the county, I don't want our bond rate to go to hell. I want everything just to be able to work out. And I think this commission knows exactly what I'm looking for. CHAIRMAN HALAS: We have one public speaker. Can we take care of the public speaker so he can leave? MS. FILSON: Yes, Mr. Chairman. CHAIRMAN HALAS: Then I'll come back to Commissioner Coyle. MS. FILSON: Tammie Nemecek. MS. NEMECEK: Good morning. Tammie Nemecek, President of the Economic Development Council of Collier County. This is early discussion for us with regards to budget, but we thought it important to talk a little bit about some of the infrastructure pieces that we're working on with regards to economic development, and I know we'll go into more detail on this during the workshops in June, but I did want to have you think about some of the things that we're working on with regards to the Immokalee Airport, which is an Page 94 March 14, 2006 infrastructure component to our economic diversification plans and something that has lacked funding over the last many years. I think we might have some opportunities to leverage some funding locally with some federal funding coming up in the next couple of years, and we're talking about unincumbered funds and incumbered funds. The difficulty that we have with what we're doing with the airport is that some of these things take a long time to develop. And in order for us to be able to have those funds readily available when we have the opportunity to access those funds at the federal level or even at the state level, it's important that if the funds are available now, that we might want to go ahead and incumber them. And so part of the discussion relating back to rollbacks and incumbered funds and unincumbered funds and what we do with this budget process going forward with regards to the airport is, I would like to have you continue to look at the airport as an economic engine, that it's an opportunity for us to diversify the economy. It is providing a tax base that does not provide the amount of services as residential taxpayers. For every dollar that we collect from those businesses, they're only going to require 75 cents in services. It is a revenue generator when it comes back to our ad valorem tax rate. And so I would like you to consider over the long-term, and as we continue these budget discussions over the next several months, is looking at the Immokalee Airport long-term and to find out if there are funding -- if there is funding available that we can start leveraging with some state dollars and federal dollars in order to get some needed infrastructure at that airport. Thank you very much. CHAIRMAN HALAS: Thank you very much, Tammie. Commissioner Coyle? Page 95 March 14,2006 COMMISSIONER COYLE: Yeah, just a couple of points. I think that Commissioner Henning has already stated that he would like to discuss this in greater detail during budget hearings, and I think that's the right time to do it rather than trying to resolve it right here today, because we'll have more specifics to deal with then and we can wrestle with that. The other thing is that when we were talking about the increased tax revenues resulting from all factors, including new construction and the increased valuation of the property, we were saying that the county manager had recommended that 16 percent of it be used to fulfill our obligations, our increased obligations, and 5 percent of it be sent back to taxpayers or result in a rollback of some kind. Now, please remember what that means is, 20 percent of the increase is going back to the taxpayers, okay? Twenty percent of whatever the tax increase is this year over last year will be going back to the taxpayers, right? MR. MUDD: Commissioner-- COMMISSIONER COYLE: Five percent of the increase is 20 percent of -- MR. MUDD: Commissioner, what you're assuming in this particular case is that our assessed -- our increase in assessed value is going to come in at 21 percent. COMMISSIONER COYLE: Yeah. MR. MUDD: I believe everything I've seen so far says we're going to be at the 20, 21 percent increase level. Now, I won't know that specifically until the property appraiser gives me that particular number on 1 June. But everything I've seen from the state as of November and December of last year that they put forward says that's what our rate's going to be. In the previous year they had the same kind of figures, and it came in right around 19.5, and that's kind of where we came in with Page 96 March 14, 2006 the property appraiser. So I believe based on what they saw in the housing market then will hold true. If that's the case, sir, then what you just described is true. COMMISSIONER COYLE: Is 20 percent refund to taxpayers? Okay. Now, the last thing -- and it's very fast -- is I'm going to need some kind of strategy, statement, policy, whatever, that convinces me that we're going to be able to get the constitutionals that we're responsible for funding to adhere to budget guidance. Many of them do and always have. Some of them do -- do not and never have. Now, how do we get there? How can you be sure that budget guidance on turnover salaries, cost-of-living allowances, and benefits, particularly health insurance benefits, will be made consistent across all government employers in Collier County and not have Collier County government, our agency, placed at a great disadvantage because other agencies are demanding higher increases? How do we solve that problem? And you don't have to solve it today. We've got a limited time frame. But I'm going to need some kind of evidence that constitutionals are going to abide by that policy, or else we have to reevaluate the allocation of this money. Otherwise, we can't survive. We can't have our health insurance benefits for our employees being split 80 percent county, 20 percent employee, while other agencies in Collier County government are paying 100 percent of all the health insurance benefits. We can't do that, because that places us at a severe disadvantage from the standpoint of being able to hire and retain people, and it also creates a severe problem for our budgeting, because if we cannot rely upon people to adhere to budget guidance, then we'll have to use more of the taxpayers' money to make up for that fact, and that doesn't make me feel comfortable either, so I just think -- Page 97 March 14,2006 CHAIRMAN HALAS: And I think-- MR. MUDD: The answer to your question -- and we're going to debate it some more. But the answer is, it's difficult to do. And I believe our experience over the last two years with the sheriffs budget and the appeal process and all the things that we've had to do basically show that. I think it's -- it's imperative that the board members, when they review the budgets of the agencies on Friday, where they get to look at the constitutional officers' budget, that you basically ask those questions -- what is your healthcare percentage county to employee __ and get those particular items out. Those questions haven't been asked in the past and haven't been addressed, but I believe if we do that and you bring that out in a public forum, I believe you'll start getting some corrections to where your intent is. COMMISSIONER COYLE: Well, if I could, let me correct you. They have been brought up before. They've been brought up personally by me before. And I had received some assurances that there would be a move to compatible. In fact, it looks like we might be moving to the opposite direction. But it's going to be a difficult thing, but it impacts exactly what Commissioner Henning is talking about. How much money do we need to meet our obligations for constitutional officers and other agencies of the government over which we have no managerial control? That's a tough problem, because the people of Collier County expect us to control the budget, but yet we have to give the money away to people we do not control. MR. MUDD: Yes, sir. I was specifically talking about the workshop date -- CHAIRMAN HALAS: And I think the other thing we've got __ MR. MUDD: -- not previously on a meeting or whatever. I know this board has brought those particular items before. Page 98 March 14, 2006 CHAIRMAN HALAS: The other thing we have to look at also is the mandate coming down from the legislature __ COMMISSIONER COYLE: Yep. CHAIRMAN HALAS: -- and hopefully we'll get some guidance by the first of May in regards to what's required of us. Commissioner Coletta, if we can -- I'll have you finish up. COMMISSIONER COLETTA: I'm more than willing to address it after lunch if you want to continue it, but I don't want this coming to a vote until that point in time that we really get to discuss everything. CHAIRMAN HALAS: What I'd like to just bring to a vote today is just the decision for the dates that have been chosen so that we can move on and I don't-- COMMISSIONER HENNING: I'll second your motion on the dates. CHAIRMAN HALAS: Okay. The dates are June 22, 2006; Friday, June 23, 2006; and Monday, June 26, 2006. And the adoption of the proposed millage rates would be July 25, 2006. The established public hearing dates would be September the 7th, 2006, and the final date would be September 21, 2006, on Thursday. I have a motion. Do I have a second? COMMISSIONER COLETTA: I was the second. CHAIRMAN HALAS: Okay. All those in favor, signify by saYIng aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Those opposed, by like sign? (No response.) Page 99 March 14, 2006 CHAIRMAN HALAS: Carries unanimously. MS. FILSON: And those are on your calendars. CHAIRMAN HALAS: Okay. COMMISSIONER FIALA: Don't we already have a motion on the floor and a second? COMMISSIONER HENNING: No. The second was withdrawn. CHAIRMAN HALAS: The second was withdrawn. So we'll break for lunch and we'll be back -- COMMISSIONER COLETTA: Oh, we're going to continue the discussion? CHAIRMAN HALAS: No. We're all done with this discussion. COMMISSIONER COLETTA: Well, wait a minute, not quite, not quite. CHAIRMAN HALAS: This, I think, should be brought back when we have the budget hearings. We don't have enough information. All we had to establish today -- COMMISSIONER COLETTA: I know. I hear you. I hear you loud and clear, but the thing is, we're leaving staff with the guidance that what's in here -- MR. MUDD: There is no guidance, and at this particular juncture, spend everything that comes in as far as the thing is, and then fight about it during a workshop. I believe that __ COMMISSIONER COLETTA: I'm fine with that. MR. MUDD: If that's where the board wants to go, I believe that's where we were years ago, and it got -- and it wasn't very productive, and I'm talking about the times that staffs sitting here with the productivity fighting over particular items. And I believe guidance to limit the amount that people bring in for a budget is a good one. And I believe not doing that, you open this commission -- Page 100 March 14,2006 COMMISSIONER COLETTA: Mr. Mudd, the only problem I have with the guidance is the fact that we're capping it off at 16 percent. Ifwe have a chance to come up with some extra money-- MR. MUDD: No, Commissioner. You gave no guidance. You basically approved the dates of the workshop, the dates you're going to set the top of the millage, and the dates you're going to do your budget -- COMMISSIONER COLETTA: Let's leave it at that. I know you're not -- you're disappointed, but I think it's the best way to go, because I accept the guidance that's here. COMMISSIONER COYLE: Well, wait a minute, wait a minute. There hasn't been a vote on that issue. CHAIRMAN HALAS: There's not been a vote at all on the guidance. All we voted for -- COMMISSIONER COYLE: Then I make a motion that we approve the guidance that the county manager has provided to us. And if we want to modify it at a subsequent meeting, we can do so. But right now the staff needs something to work with; otherwise, they're going to show up at the workshop with absolutely nothing to show us, and we're going to sit there and squabble for days and days and days and days over how many people you need __ CHAIRMAN HALAS: I'll second that motion. COMMISSIONER COYLE: Okay. COMMISSIONER COLETTA: Discussion? CHAIRMAN HALAS: Any discussion? COMMISSIONER COLETTA: Yes. CHAIRMAN HALAS: Okay. COMMISSIONER COLETTA: Michael, let's go back to the guidance that's there as far as the cap goes on the money. My concern, of course, once again, is back to transportation and the roads. This commission has stood firmly in place for years now Page 101 March 14, 2006 trying to come up with every last dollar they could for the roads, because that's been the number one priority that the voters out there have given us and been mandated to us. The actual guidance to be able to lock it in at 16, am I correct, if that guidance goes through, that means that we don't have the option if it turns out to be 17 to pick up that extra percent, that we're giving that up now? MR. SMYKOWSKI: No. You're giving -- you're giving direction to the manager at this point to -- and we would bring in a budget that shows the ad valorem capped at 16 percent. If we get 20 percent increase in value and your direction is the staff recommendation, we would be bringing you a millage rate that is lower, and we would tell you, we are lowering the millage rate by X million dollars, and that equates to, you know, four decimal places, whatever the associated millage is, and at that point in time, if you __ there were policy direction that you wanted to put that into roads, if you wanted to put it into general fund reserves __ COMMISSIONER COLETTA: So this isn't final? COMMISSIONER COYLE: No. COMMISSIONER COLETTA: In other words -- MR. SMYKOWSKI: No, not by any stretch. COMMISSIONER COLETTA: -- it would come back to us. But the guidance does say that this is the will of the commission at this point in time? That's the part I'm having the problem with. I have no problems with anything else, constitutional officers, right down on through. My problem is the fact the people I represent pay a 3 percent maximum increase in taxes. They want to see the roads built in the worst possible way. I hate to put the burden on other people, but the truth of the matter is, everybody walked into this with their eyes wide open, they Page 102 March 14, 2006 all complain about the roads when they're here, then they go back to where they were. Everybody likes to see their taxes lowered. But I think they want to see services more than that. That's my fear is the fact that once this guidance goes out, this is going to become the status quo that we're going to be following through. I understand we can reverse it, and that is important, but that's my -- COMMISSIONER COYLE: Since it was my motion, let me clarify that, okay? All we told you to do was come back at the next workshop with a proposal based upon this guidance. MR. MUDD: Come back with a budget, yes, sir. COMMISSIONER COYLE: With a budget based on that guidance. Ifwe don't like it, we change it. MR. MUDD: Yes, sir. COMMISSIONER COYLE: Ifwe come up with more projects we want to do, we change it. If we come up with fewer projects we want to do, we change it. All we're doing is giving you an initial guidance to come to us with something at a workshop, and then we will go from there. MR. MUDD: Commissioner, looking for-- COMMISSIONER COYLE: But without doing that, you don't know what to present to us. MR. MUDD: Sir, I'm just looking for a start point. COMMISSIONER COYLE: That's right. You're just looking for a start point. MR. MUDD: Without a start point, it makes the budget -- the whole budget process very, very difficult. CHAIRMAN HALAS: Commissioner Henning? COMMISSIONER HENNING: Well, not too long ago we approved our AUIR -- I think it was a unanimous vote of transportation -- showing where the monies are going to come from. Page 103 March 14, 2006 Now, if somebody objected to our five-year capital improvement program, I didn't hear it. And I'm sure Mr. Feder's going to come in with the first year of the five-year capital program and say, this is what I'm going to do in the next budget year. But I just want to point out to the commissioners, a 16 percent increase in taxable value equates to over $50 million, okay. COMMISSIONER COYLE: Not for Collier County, it doesn't. COMMISSIONER HENNING: It sure does. You base it upon a -- a property valuation in the general fund of $300 million. It's 289 million, round it off. It's over $50 million. CHAIRMAN HALAS: Any further -- COMMISSIONER HENNING: Even at that, a 16 percent increase -- I don't know too many people that their personal income has increased 16 percent. So we're giving the guidance of 16 percent, and I'm looking forward to getting some support to do the hard work that we need to do in the budget workshop and make sure that as we increase the taxes that we need to -- get to tell the public of what we have to increase their taxes for. CHAIRMAN HALAS: Commissioner Coletta, if you'd finish up COMMISSIONER COLETTA: I'll be very brief, very brief. CHAIRMAN HALAS: -- because I want to call the question and get this vote over, okay? COMMISSIONER COLETTA: I just wanted to point out the fact that the increase in building the roads out there has increased some 66 percent in two years. That's all I wanted to mention. CHAIRMAN HALAS: Okay. Any further discussion? (N 0 response.) CHAIRMAN HALAS: I'm going to call the question. All those in favor of the guidance that was put in the motion. Mr. Coyle, Commissioner Coyle, would you clarify exactly what it was? Page 104 March 14, 2006 COMMISSIONER COYLE: Yeah. I'm just approving the guidance as presented for our discussion at the next workshop. CHAIRMAN HALAS: Okay. And that -- that's included in my motion -- my second. So -- call the question. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HALAS: Those opposed. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Okay. Thank you very much. We'll break for lunch. I believe we have a time certain at one o'clock. Ifwe're 10 minutes late, would that be a problem, because we've got to go to the church. MR. WEIGEL: No. (A luncheon recess was had.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, you have a hot mike. This brings us to the one o'clock time certain. And for those folks that were here, please excuse us. We had a group of young Americans that basically occupied our time for about an hour or so, and that's why we're a little bit late, and it was a worthwhile endeavor indeed. Item #8A ORDINANCE 2006-11: AMENDING SCHEDULE THREE OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY Page 105 March 14, 2006 CODE OF LAWS AND ORDINANCES (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE), TO REFLECT THE AMENDED RATES SET FORTH IN THE IMPACT FEE STUDY, PROVIDING FOR THE INCORPORATION BY REFERENCE OF THE IMPACT FEE STUDY ENTITLED, PARK IMPACT FEE UPDATE, PREPARED FOR COLLIER COUNTY, FLORIDA, UPDATING THE METHODOLOGY FOR THE ANNUAL INDEXING ADJUSTMENT TO THE PARK IMPACT FEE RATES, AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF MAY 15~ 2006 - ADOPTED This brings us to item 8A. It's a recommendation that the Board of County Commissioners adopt an ordinance amending schedule three of appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance, to reflect the amended rates set forth in the impact fee study; providing for incorporation by reference of the impact fee study entitled Park Impact Fee Update prepared for Collier County, Florida, updating the methodology for the annual indexing adjustment to the park impact fee rates; and providing for a delayed effective date of May 15,2006. And this will be presented by Amy Patterson, your impact fee coordinator -- manager. COMMISSIONER COYLE: Manager, manager, manager. MS. PATTERSON: Good afternoon. COMMISSIONER COYLE: Would you like to be a director? MS. PATTERSON: Whatever you'd like. I'll answer to anything. COMMISSIONER COYLE: Director sounds good, Amy. MS. PATTERSON: Great. CHAIRMAN HALAS: We'll take a vote right now. Page 106 March 14,2006 COMMISSIONER COYLE: That's right. All in favor of making Amy a director, please say aye. COMMISSIONER HENNING: Aye. COMMISSIONER COYLE: Aye. Okay. You're director, Amy. MR. MUDD: State your name for the record. MS. PATTERSON: Hello. I'm Amy Patterson, your Impact Fee Manager. COMMISSIONER COYLE: Next we might go to county manager. MS. PATTERSON: I'm sorry. Amy Patterson, your impact fee manager, for the record. I'm here today for the Collier County park impact fee update. This is a regular three-year update of the park's impact fee. We have with us today Mr. James Duncan from Duncan Associates, and Mr. Bill Reeves from Coastal Engineering, who conducted the land survey study. And with that, I'm going to turn it over to Jim Duncan, who's going to provide a presentation and answer any of your questions. MR. DUNCAN: Thank you, Amy. I'm going to make a rather brief presentation, and then you focus on what you might be particularly interested in. As Amy indicated, my name is Jim Duncan. I'm president of Duncan Associates. First of all, very quickly, you are moving on a very positive schedule for adoption. It has been through all of your boards with approvals. It is before you today on the 14th and May 15th with the 60-day out for effective date. In summary, as you know, it was last updated in 2002 by our firm, and at that time we made several adjustments in your methodology, we varied the housing units by size and type, we added hotels and motels, which you did not have prior to that, and we Page 107 March 14,2006 introduced an annual inflation index. And I want to tell you that you were one of the first in the state to get into that. That's been put in now in most of the communities around the state. Then in this one, we've added four additional ones, and these are what I would call methodology tweaking, improving it. We have used an appraiser for land costs. We were always quite concerned about the land costs we used in 2002 as to whether or not they accurately reflected the true cost of buying land in your county. And so we have done the impact fee studies for your neighboring county to the north, and we have been using an appraiser on all of those studies for several years now, and it certainly helps in justifying the validity of a very important component of the fee. We took a relook at your single-family-size brackets. One thing in 2002, as you may recall, we had to rely upon the 1990 census because the new census was not out in any detail that we could use. 2006, however, we were able to use the 2000 census, and that gave us a very -- a much more current appreciation of family household information, which affected the single-family brackets, and I'll get into that briefly in a minute. We consolidated the multiple-family brackets again, and I'll touch on that in a minute, and we refined the annual inflation factor. In 2002 we used the CPI, and I think we all know the consumer price index was more on buying food and drugs and things like that. When you get into talking about facilities, it is much more important. And in this, we're talking about land and buildings. On land we used your property appraiser's increased actual values as a percentage, and we used the Engineering News record, which is more related to construction. So we think that the four suggested changes in this 2006 study greatly enhance and improve the validly of the study and make it more appropriate. Page 108 March 14, 2006 County growth. As you well know, Collier County is continuing to be one of the leaders in the nation. In just the last five years, your growth has increased by a third, most of it in the unincorporated area. Your housing units and your park acreage has moved forward, not quite at the same pace. So the land cost per acre is the biggest single factor that is moving the fees to a higher bracket in this study. This shows what they were in 2002. We're dealing with four types of parks; community parks, which are inland and primarily serve the unincorporated area; the regional parks, which are primarily along the coast and serve the entire county-wide population; and then two outset focuses, beach parking and boat access, which in and of themselves are, as you all know, much more expensive to acquire, but very important to provide the recreation on the park facilities for this community. And you can see that on these, the boat access has pretty much stabilized at one and a half million. The biggest change percentage- wise on it is the regional land at 36,000 to a new figure of 200-. And I think more important than looking at the 200- is looking at the 36-, which was a very low figure four years ago to buy any land in Collier County. Collier -- this just shows the pattern of the facilities that we did an inventory on. This is the overall value of your park facilities, about a half a billion dollars as the study points out. And as you know, the methodology that is used here and throughout the state for park impact fees, it's a buy-in. It's people who are coming to your community. And what they're coming for, among other things, is the recreational amenities. And so basically, they show that we -- they do not deteriorate or depreciate the level of service of your existing residents. Page 109 March 14, 2006 Their obligation is to buy in to your existing inventory, and the prorated amount comes from that 580 bill-- $580 million. This shows you the difference in the 2002 and 2005 equivalent dwelling units. The main thing to look at there is under the single- family, you'll see the four (sic) categories, small, medium, and large, and we've actually recommended collapsing a little bit. In the old study it was up to 1,800, mainly because you see in 2005, there's much less difference in the number of people in the units. You're sort of closing in. You don't have that wide diversity of a lot of people and a few people. The average home, which is around 2,000 square feet, is our __ what we call equivalent dwelling unit 1.0, and a small unit actually only has about 9 percent less, while the large unit has about 9 percent more, and that's where we have to justify the variable rates. And actually we're recommending on the multiple family, that you collapse the three that you have right now, because there was no appreciable difference in the number of people living in multiple- family units in this county according to the U.S. Census. The three -- four components of the fee, community park fee. Basically you see -- and this is the component of your fee that is charged to the unincorporated area only. This is appreciating only about 25 to 35 percent across the board, which is -- the regional park fee is the fee that is charged to all residents of Collier County, is increasing up to about 200 percent based, as I said earlier, on the price of land. The combined park fees across the board, which are assessed, . would be -- to the unincorporated area would be about 100 percent increase from your current fees. If you were to adopt the fees at the full 100 percent maximum allowable rate as your memorandum from staff indicates, it would probably add, presuming that your growth rate maintains the same Page 110 March 14, 2006 pace, another $7 million in revenue. You have been collecting around 8 million, 7 to 8 million. So you could expect that your revenues would increase to about $15 million in the first full fiscal year after the adoption. Staff and myself and Mr. Reeve, the appraiser, stand ready to answer any questions you might have. CHAIRMAN HALAS: Commissioner Fiala? COMMISSIONER FIALA: Yes. I had a number of questions. I don't want to hog all of this time. But the first one was type of household size. It shows that less than 1,500 feet, you show an average household size of2.5, yet at 2,500 you show it at 2.99. And in my view, anyway, it seems that that should possibly be reversed in that usually the bigger the house, the fewer people are living in it in our county, and the smaller the house, it seems that you're usually talking about young families with children. And I was wondering why it went opposite that. MR. DUNCAN: As I indicated, we took this straight out of the U.S. Census. And you are absolutely right, Collier County has some very unique family household formation features. And I think I've pulled up maybe the table you're looking at here which talks about the family size by detached multifamily and mobile home, and then breaks it down on the size of bedrooms on the lower side. Is that the one you're referring to, Commissioner? COMMISSIONER FIALA: No, I'm not. I'm actually referring to page 23 of 48, is the one I'm looking at. And I mean -- because this makes it a great deal of differences as to how these are calculated. MR. DUNCAN: Well, pretty much we --like I said, we relied exclusively on the U.S. Census unless we had some local type data to COMMISSIONER FIALA: So this wasn't based then on local Page 111 March 14,2006 data? MR. DUNCAN: This was based on U.S. Census, local data. COMMISSIONER FIALA: I see. MR. DUNCAN: No, for Collier County, not for-- COMMISSIONER FIALA: I see. That didn't really give me an answer, but that was -- that just doesn't make any sense. It seems every time we get -- every time we get household size it differs depending on what point we're trying to prove at the time. Second thing is, it says, recent sales prices were inflated by 5 to 14 percent per month. And I realize this was done a while back. Now that things have flattened out, have you modified that in any way? MR. DUNCAN: We did these numbers, what, last 2005 and-- you know, so they wouldn't reflect -- if it flattened after that, you know, it wouldn't have been in there. COMMISSIONER FIALA: Okay. Then on page 31 of 48, you talk about replacement costs, and here you were talking about acres, regional parks, beach parking, boat access, and it talks about acres. Are you talking about replacing those acres? MR. DUNCAN: The word replacement cost may be a slight misnomer, because what we're talking is more of a buy-in. This is the current-day value of these assets. In other words, if you were __ we're not saying replacement in terms of maintaining or rehabbing or something like that. We're saying, if you had to go out today to buy these assets, this is what it would cost. And we have upped it from -- well, in this particular case, we've used the acreage figures that our appraiser gave us and multiplied them times the amount of acres. COMMISSIONER FIALA: Well, there's another part in here that also talks about replacing the acreage. I'm trying to look for it real quickly. And I thought, you know, you're not going to replace the acreage. Even if you have a hurricane or a fire, you've got those Page 112 March 14, 2006 acres and they're going to be there forever. It's only replacement on the top. MR. DUNCAN: It's more ofa buy-in value. It's more ofa buy- in value. COMMISSIONER FIALA: But wasn't that used as -- in your calculations, that buy-in value? MR. DUNCAN: Yes. That's that same thing as what we called here the replacement cost. COMMISSIONER FIALA: But then you also used the cost of buying new land. MR. DUNCAN: That is what we're basically saying. If you have a park on the beach -- if you're starting from scratch and somebody's coming in, you're going to have to buy that even though you have it right now. So we have to put a value on it to come up with a total asset value that the current residents of Collier County own. COMMISSIONER FIALA: What I'm saying is -- MR. DUNCAN: And when we say replacement value, what we're really saying is somebody that's moving in from somewhere else, from up north, they don't have the right to reduce or depreciate the level of service. So what is the cost for them to buy that same level of service? In other words, is it five acres per thousand, or whatever it is. And it's more complicated -- COMMISSIONER FIALA: Yes, I understand that, and we want to make sure that we are able to do these things. What I'm saying is, it appeared to me, and it doesn't -- it doesn't explain it very clearly. It appeared to me that you've not only used the amount of replacement cost for land, but also the cost of buying new land. And I thought, it looks like you're calculating both costs of land into this one figure. Page 113 March 14,2006 MR. DUNCAN: The replacement cost is the current cost to buy that land. It is the new cost. In other words, you may have bought some land 20 years ago, but you can't buy it at that price anymore. COMMISSIONER FIALA: Right. MR. DUNCAN: And if you're going to buy an equal acre to, you know, accommodate some new people moving in, we have to pay today's value on it, not 20 years ago value. So that's what we're saying about replacement value or buy-in cost or today's value, today's cost. COMMISSIONER FIALA: I'll come back. CHAIRMAN HALAS: Okay. Commissioner Henning? COMMISSIONER HENNING: In here it states, in our book anyways, page 27, the county will not acquire much new land near the beach. The evaluation for those properties, with that kind of statement, how'd you come to the conclusion of the impact fees? MR. DUNCAN: We just -- let me give you an analogy. We just finished a study, a similar study, park study for the City of Fort Lauderdale. And they're not going to be -- they have 53 acres and seven miles of beach. I mean, they don't make it anymore. So we're not going to actually buy beach land, but we can buy beach access property. And in many cases in this community and on the southeast coast, the only way you can get people to it is to -- is to put -- you know, some day we're going to have to go to structured parking to accommodate certain areas. But most of that land is already developed, so it's actually a tear- down type station. It's not rebuilding a mansion or something like that. But you have to pay an extreme value, and that was taken into consideration by our appraiser in coming up with those figures. It's not that we're going to increase the actual amount of beach. It's that we're going to increase the citizens' access to that beach. Page 114 March 14,2006 COMMISSIONER HENNING: Okay, MR. DUNCAN: Which is the same essential thing. You're increasing the level of service by allowing more people to have access. COMMISSIONER HENNING: Well, some of the appraiser-- appraisals in there are parcels that are bigger than beach access. So how do you -- how do you squeeze that down to beach access? MR. DUNCAN: I will let Mr. Reeve answer any questions about the appraisal. His firm conducted the actual appraisals. COMMISSIONER HENNING: Well, you need to take those parcels and somehow figure out what is to be used as far as your calculations and what is not to be used, correct? MR. DUNCAN: We used average -- for example, and I remember specifically on the community and regional. The reports -- it was a rather full report, as you know -- gave a range of 200-, $250,000 an acre for those two categories. We actually used a low, because it is our policy usually to take the conservative numbers, and we used 200,000 in each of those cases. COMMISSIONER HENNING: My next question is, what about if you had knowledge of appraisals that were done for this particular- - for this particular issue in the areas that the Board of Commissioners will never build a park in; would you consider those? MR. DUNCAN: If there was a policy of them not being valid, they could be discarded absolutely. No, I agree on that. COMMISSIONER HENNING: Okay. What part of the appraisals did you consider towards our master plan of building parks? We don't have a master plan, do we, right? MS. RAMSEY: I can't really speak for what they've actually used, but we do have a five-year plan that does tell where we're Page 115 March 14, 2006 looking, and we're also doing the east of 951 study as to how many acres, and part of that was presented to you during the AUIR. And I do know that they used the A UIR as a guideline to determine types of properties that we're currently looking at. And, you know, the board direction at one point last year, about this time or in June, was to seek out some lots along Gulfshore to help with some rest room facilities, and so I know they took that into consideration when they were doing the impact fee study as well. So there is some guidance there in our plans. COMMISSIONER HENNING: Would it be fair to assume that we're not going to get a regional park in the urban area? MS. RAMSEY: If you consider urban area, what, west of951? COMMISSIONER HENNING: Urban boundary line. Yes. MS. RAMSEY: I would say that there's still an opportunity down in Commissioner Fiala's district for a regional park. COMMISSIONER HENNING: Is there a need? Would there be a need? MS. RAMSEY: There will be a need when we get to that one million population, most definitely. COMMISSIONER HENNING: Okay. But that one million, a lot of that's going to be out eastern, east of 951, in fact, east of Golden Gate. MS. RAMSEY: There's still a lot of population coming down along 41 and 951 down in that area. There's still a lot of acreage that's yet to be developed, and we do not have parks there yet, so we're looking at at least one larger park in that area probably. COMMISSIONER HENNING: But would it be fair to say that most of the parks would be east of 951 ? MS. RAMSEY: If you're talking-- COMMISSIONER HENNING: Besides that one in South Naples. Page 116 March 14, 2006 MS. RAMSEY: Well, yeah. Most of the acreages that we're looking at will be in Immokalee, some in the Estates area down along 41 probably in the East Naples area. But we're also continuing to look along the beach. We're still trying to buy lands for parking at existing locations, like Bayview, and there's expansion at Clam Pass. There's possibly a parking garage at that location. So there's a number of projects yet still coming in close to the coastline. COMMISSIONER HENNING: Right. And I understand that's the emphasis, to try to get people to the water and that. My concern is, evaluation of per acres, of 200,000 per acre, when I know east of 951 or even in Golden Gate Estates, the properties are not valued at that. MS. RAMSEY: I know that you say that, sir. I do have an email that I received on February 27th. We've been trying to buy five acres right next to Max Hasse Community Park. We've been trying to buy it for five years. It was -- the owner was out of Israel and now has been sold to someone here in the Collier County area, and his asking price on that five acres is $1.25 million, so -- COMMISSIONER HENNING: Okay. Yeah, and I'm going to sell my car for $1.2 million. So what's the appraised value of that piece? Have you had it appraised? MS. RAMSEY: Well, actually not yet, but we're doing an in-house appraisal on that right now. And of course, we always do the two appraisals and we give them the average of that. But it is starting to escalate even in the Estates area. COMMISSIONER HENNING: Oh, there's no question about that it's escalating. MS. RAMSEY: Right. I'm not here to defend their appraisal element. And if you have more appraisal questions, I'd rather turn it Page 11 7 March 14, 2006 over to him. I'd feel more comfortable with him defending his appraisal prices than me standing here, if that's okay. COMMISSIONER HENNING: I don't -- I do not question the appraisal prices. The question about where we did the appraisals and how did we get to -- Ms. Ramsey, it's really not an appraisal question. MS. RAMSEY: Okay. COMMISSIONER HENNING: Okay? It's the value -- what I consider where the growth is going to be, where we're going to put parks, east -- in eastern lands, and the appraisals show some of those parcels. How much of that was put into the impact fee calculation about where we're going to put that? Did you have input on that? MS. RAMSEY: I had provided the AUIR and the five-year plans, and from that the consultant has done his appraisal and his impact fee study. So, again, I'd have to turn it over to them. I have never sat in the room with the consultant to discuss the questions that you're currently asking me. I have looked to the consultant to provide us with an impact fee that he feels is defendable, and I have not been involved in trying to change his rationale on that impact fee. COMMISSIONER HENNING: Thank you. CHAIRMAN HALAS: Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you. Sir, I have another question. I was trying to find before, I'm sorry . Here, again, you were talking about -- regional parks is the one I'm looking at, but community parks. It says the same thing. We talk about that single-family dwelling. Here it says 1,300 square feet, and yet, of course, you're using a different ratio to figure the cost out, and for -- and we usually consider smaller homes to be those of people with less income, obviously, rather than the big homes with bigger income. And yet the percent of increase is 228 percent. MR. DUNCAN: Which table -- Page 118 March 14, 2006 COMMISSIONER FIALA: And yet you get into the bigger homes, and it goes down. And I'm thinking -- what I'm worried about is a hardship to those people who already are having difficulty in buying a home, and now, we're going to go up 228 percent. MR. DUNCAN: Commissioner, first of all, I really understand what you're saying about the issue of affordability, or workforce housing. That is probably the biggest crisis that is happening in our state, in the State of Florida today. We do impact fees all around, and that is of concern in every community we're in. Unfortunately, impact fees are, in a sense, a socially regressive tool because they are related to the impact that - a house, as you well know, people who live in a house put on the services, and it's the opposite of a property tax, which, you know, we were used to back in the '60s and '70s. What we try to do -- and actually we introduced the variable rates several years ago, okay. And in the '90s, quite frankly, the ranges were there. And we've done -- we've done fees for communities. And I'm not saying that Collier County doesn't fit in there -- which this is the number one issue. I'm talking about communities which really have a lot of haves and have-nots. Santa Fe, New Mexico, and a lot of the sky resort communities and things like this. And we've tried to create those ranges. Today what we're finding out of the census is that those are coming closer together. The number of the people aren't there. We can't look at, you know, the type of the people. All we can look at is the number of people, and it's showing in this community, as I said earlier, that the number is not that great. Now, the -- we were suggesting to change the range. As you know, in your current -- we're saying that the three categories should be 0 to 1,500 for square feet and 15 to 25 in the -- over 25. That's one of the recommended changes we've got in here. Page 119 March 14, 2006 The difference in the fee is not that great between the low and the high one, quite frankly. It's only 18 percent. That's not a big change. That's not going to really make it affordable. What I compliment you all on is that you're one of the few states, the few cities or counties that has taken a forward move in this, and they're getting into the exemption or waiving, or whatever you want to call it, of fees for affordable housing. That's the only way you're going to solve it, and mixing in with others. COMMISSIONER FIALA: Let me tell you where I'm going and why I'm questioning this. I thoroughly believe in our park system. We've got a great park system. I love the things that they're doing. And I feel that these families need these parks, and that's true. But when we talk about maximum allowable -- and I'm just -- I'm just fearful, when you use $445 million as replacement cost for land and -- but you're not going to ever replace that land, you're just __ you're wanting to buy new, and then the rates go up 228 percent, I feel that maybe we're going overboard. I believe in impact fees. I believe we need to have them. I would never vote against them. But I think they also need to be reasonable and fair. MR. DUNCAN: Oh, absolutely. And if they're not, we'll be litigated and they'll be corrected through the courts. That's why we don't. Just last week I made a presentation in Fort. Lauderdale, okay, the same thing, and we have a wider range there on parks. And somebody -- I don't know how well you know that community, but somebody pointed out to me and -- that we had a fee for the lowest sized house, which is theoretically, you know, the lowest income person, and then the difference between the highest one -- and they pointed out that that lowest income is probably going to be in the minority neighborhood with five kids and a low fee, and that highest Page 120 March 14, 2006 fee is probably going to be in a condo that has a snowbird living there five months and 29 days a year. You know what I'm saying? And they have their own amenities. They're not even using the facilities, but they're having to pay twice as much on that fee schedule. That's getting about as far away from calculating an impact fee and making it legal as we can do it, but we are - I don't know of anybody who's ever sued on that. I'd hope they wouldn't. But we try to make them. In yours it was just difficult to make a big change. There's a big difference between the low and the high. The 200 percent you're talking about has to do with the overall rising cost of the fee. The land cost is the driving reason -- COMMISSIONER FIALA: But you're also going for the very maXImum -- MR. DUNCAN: No. COMMISSIONER FIALA: -- impact fee. MR. DUNCAN: Oh, no, no. COMMISSIONER FIALA: Well, it says that in here. MR. DUNCAN: We call it maximum allowable. It's a policy decision on your part, on you and your colleagues' part. You could -- you could adopt it at 50 percent as far as the consultant's recommendation. You need to adopt it at the level that you need to purchase adequate facilities. I mean, you know, you may have other sources. We have communities that are dedicating sales taxes and property taxes to parks, and they're not passing across the full cost of growth. That's a decision you have. I'm not saying as a consultant that you are obligated to charge 100 percent. I'm just saying, the maximum allowable amount under the study we have provided you is in this study, and it's up to you to fix the percent. COMMISSIONER FIALA: Thanks. CHAIRMAN HALAS: Commissioner Coletta. But before I turn Page 121 March 14, 2006 this over to Commissioner Coletta, we're doing -- we're using the dual rational nexus, right? MR. DUNCAN: Yes, sir. CHAIRMAN HALAS: Okay. And I think we ran into a problem a few years ago where we were trying to address road impact fees, and I think we cut ourselves short. So I think that's something the commissioners ought to take into consideration. Commissioner Coletta? COMMISSIONER COLETTA: Well, you know, our choices are very few here. We can, one, do without the parks, put them off sometime in the future, but we've already set a standard that we have, for every so many thousand population, that we're going to provide so much in the way of parks. So that's really not an option. So the option comes down, do we get it from impact fees or do we get it from ad valorem if you're going to have the parks? It's a real simple, you know, direction to go. Myself, I hold with the direction this commission has taken and upheld for a long time, you know, for the highest reasonable fee that we can come up with that's defendable that we would do to try to make sure that growth pays for both growth. In spite of that, how much of these parks are being paid for out of ad valorem? There's still a percentage, isn't there? COMMISSIONER FIALA: And their user fees as well. COMMISSIONER COLETTA: Yeah. Well, there's users fees also. Amy, we're addressing the parks and recs as far as impact fees versus ad valorem. MS. PATTERSON: We're not -- at the current time, impact fees are the funding source for growth-related capital improvements for parks. COMMISSIONER COLETTA: Yes, but we still have to underwrite the cost of maintaining them and staff -- Page 122 March 14, 2006 MS. PATTERSON: Sure. Not impact-fee eligible costs. COMMISSIONER COLETTA: Right. So I mean, that's still a cost that we pick up for our residents that are coming down here. MS. PATTERSON: Right. But if you were to adopt this fee at less than 100 percent, there will have to be another funding source found -- COMMISSIONER COLETTA: That's correct. MS. PATTERSON: -- to support the growth element of the parks. COMMISSIONER COLETTA: So I think the choice is real simple. Either we go with the impact fees, where it is, or we do with less parks. MS. PATTERSON: I also need-- COMMISSIONER COLETTA: Because I don't want to spend another dollar to pay for growth out of the taxes from the people I represent. COMMISSIONER FIALA: Oh, Commissioner, let me just ask you -- because I agree. I don't -- I don't ever want to see us have less parks. That's where people play and congregate. COMMISSIONER COLETTA: Exactly. I agree. COMMISSIONER FIALA: And I believe impact fees should pay for them. You don't feel the figures were inflated? COMMISSIONER COLETTA: No, I don't. If they are inflated, I can assure you that the other end of the spectrum, the building industry, will be telling us the fact that it is and probably taking us to court, and that's where it should be challenged. We pay this gentleman, not a small fortune. We pay him a reasonable fee for his services. He is -- he carries - his credentials are impeccable. He's done this numerous times before. And I feel reasonably certain that what he has presented to us is accurate, about Page 123 March 14, 2006 as sure as I can be. I mean, I'm not an expert in the field itself. I can only rely on staff and the people that they hire, the consultants. CHAIRMAN HALAS: That was one of the reasons I asked if this was under the dual rational nexus system, and he assured me it was. And so that's where we need to go. COMMISSIONER FIALA: I'm sorry I'm suspicious. COMMISSIONER COLETTA: No, no. You should be, you should be, and we're going to hear from the building industry, I'm sure. CHAIRMAN HALAS: Commissioner Coyle? COMMISSIONER COYLE: Yeah. I think one of the confusing points, Commissioner Fiala, is the replacement value, and it's best just to think of that as the current value of our owned facilities, the current value of the land we own. That's all that is. If you just ignore the word replacement and put in current value of the land we own, that's all it is. CHAIRMAN HALAS: Commissioner Henning? COMMISSIONER HENNING: Yeah. The -- don't get me wrong, I don't -- I don't really care where the impact fee is, lower or upper, three times more or whatever, I just want to make sure the figures are right, that's all. And I -- nobody has convinced me that we're using the proper land calculations to get that. But I know during the AUIR process, Marla, you wanted -- I forget how many thousands of acres, or whatever it was, that the board said, no, don't buy that. MS. RAMSEY: I think in the community parks we were asking for 240 acres to buy in advance or -- COMMISSIONER HENNING: Right. MS. RAMSEY: -- to buy in advance or our -- to make sure that we could get some on for the future, and you've directed us to buy as we go, so that's the way we changed our AUIR, with the Page 124 March 14,2006 understanding that if an opportunity arises, that I may come back before the board and buy in advance. COMMISSIONER HENNING: Right, right. But how did that reflect on the -- did that reflect on the impact fees? Because we wasn't buying that 200. We were only buying 54 acres, I think it was. MS. RAMSEY: You mean as far as on the amount of - you know, we update it every three years, and I don't know that they take into account the actual acreage that we're buying at one time, or if you look at it over a period of years, so you'd have to answer that one. MR. DUNNUCK: The first thing we look at are actual acquisitions, because that's a real-world type situation. And when there haven't been incidents of real acquisitions, then we have to rely upon appraisals. We can't just pull a number out of the air. I mean, it's -- it's just our policy to go that route. COMMISSIONER HENNING: Okay. MR. DUNCAN: May I -- Commissioner Coletta? COMMISSIONER HENNING: No, you're not done with me. MR. DUNCAN: I'm sorry, Commissioner Henning. COMMISSIONER HENNING: It was stated that you took nder consideration our capital improvement plan for the next five years. Is that correct, sir? I'm asking you a question. MR. DUNCAN: Yes. As a spending guide to spend the money that you collect from impact fees, you would use the capital improvement program. COMMISSIONER HENNING: Okay. Now, did you use it based upon what the board adopted or what was submitted to you? MR. DUNCAN: We use whatever staff submits to us to review. COMMISSIONER HENNING: The question is, was it 200 acres or 250 acres, or was it 50 acres? Because you base upon -- your impact fees on that. Page 125 March 14, 2006 MR. DUNCAN: I think what you may be confusing is two different methodologies. One is consumption based, and one's improvements based. And improvements-based methodology is what you may be describing, I don't know. COMMISSIONER HENNING: Right. MR. DUNCAN: That's when you go forward and you say, we're going to grow 35 percent in the next five years, we're going to need 200 acres and divide it into that. COMMISSIONER HENNING: Right. MR. DUNCAN: What we're doing here -- and it's the way almost all park impact fees are done. COMMISSIONER HENNING: And that wasn't based on that. MR. DUNCAN: Right. COMMISSIONER HENNING: Okay. MR. DUNCAN: It's what we call a consumption based, which is probably a better word than replacement, because what we're saying is, people who are moving in are consuming part of your facility level of service. And that part that they're consuming, they're responsible for paying you. It's like you own a stock in all your parks, and they don't have a right to come in and use that without an entry fee. I mean, you go into a gated condominium, you have to buy into it, and you're paying an incremental difference for the pool and for the parks and all that. It's the same thing to people coming in here. That's how you calculate the fee. So what we do is look at what you've got. We look back in the real world. And in Florida, I have always found -- and I've been doing impact fees in Florida for almost 30 years, believe it or not -- that we have such a cyclical -- I mean, I know it's hard for you all to believe that because you've been on such a high ride for a long time - - that it's very difficult to predict with any accuracy exactly how Page 126 March 14, 2006 much -- how many people we're going to have in the next five years and precisely where those improvements need to be, because you have to amend an improvements base every time something is changed. If you think all the growth is going toward Immokalee and all of a sudden it goes to Marco Island, you've got to shift your improvements there because the free market -- the real estate market's going to drive where people want to live. So that's why on a park fee, the consumption base is the more reliable approach. It's what we've used. And I misunderstood, we do look at a capital improvement element, or capital improvement plan, but it's a spending guide, and not as a tool to calculate the fee. I hope I didn't confuse it more. COMMISSIONER HENNING: No. CHAIRMAN HALAS: Basically it's like initiation fee to a country club? COMMISSIONER HENNING: It has nothing to do with the fee base? MR. DUNCAN: That's right. COMMISSIONER HENNING: That's fine. MR. DUNCAN: The CIP doesn't. It's a spending guide. You need to be able to put improvements on there like you all were saying, because you just don't want to go willy-nilly and buy land, you want to buy hopefully where you think that growth is occurring, and you want to buy it as much ahead of time as you can because the land is never going to go away, the price. COMMISSIONER FIALA: So does that mean if we approve this impact fee, we get to have a golf course? MR. DUNCAN : Well, I don't know about a golf course. We Page 127 March 14, 2006 typically -- that's funny you say that. And I will say this. You all know -- and I -- this is my first time to appear before you, and I don't mean this as -- COMMISSIONER COYLE: You already have Imperial Golf Course Estates. MR. DUNCAN: You all have done a lot of things. You have the highest road fee in the state. I know you know that. And when I was doing a fee for your neighbor, Bonita Springs, they were upset because they didn't want it as low as Lee County. They said, but we're really part of Collier County. Can't we have a high fee like them? They now have the second highest fee in the state. And while this -- if you adopt this at close to the maximum allowable, I'm not going to, you know, bluff you, it will make your park fee one of the highest in the state, if not the highest. But that's probably for only a short time, because right now Fort Lauderdale and Miami are -- they've both got fees on the table at 5- and $6,000 a dwelling unit. And as everything, fees are going higher to date. Doubling a fee is a lot. But you know what happened to school fees in this state? I know you've been monitoring them regularly. They doubled last year in 2005. The cost of doing business, the cost of providing facilities is not going down. It's going up, along with our population. CHAIRMAN HALAS: Thank you very much. I believe we have one speaker that signed up for public comment. If that individual would like to come forward? MS. FILSON: Yes, Mr. Chairman. That's Al Zichella. MR. ZICHELLA: Commissioners. Is this on? Thanks for allowing me the opportunity to speak. I just wanted to weigh in. I'm here -- for the record, Al Zichella, CBIA. I'm the president of CBIA this year. Page 128 March 14,2006 I just want to point out, and I'm sure you realize, that this impact fee, if you adopt it, is going to put the -- just the parks portion of our impact fees over $3,500 per home. That's pretty steep territory. I just heard the consultant say it will be the highest in the state, at least for a brief period of time. One question I think we should be asking ourselves is, should we be doing this in the face of our challenges for affordable housing? Having said that, impact fees, as a rule, when your average home price is over $500,000, probably academic. The average customer buying a house from one of my members at $500,000 isn't even asking me. But if we are serious about the dialogue that we've been having in this county about nurses and policemen, and we can -- I'd love to hear from Ed Morton on this and some other folks about this and where they live and where they go -- I'd submit to you for those people, the impact fee is a problem. Again, not necessarily our issue as builders, but collectively as a community, we need to be considering these things. I understand that we've -- we have adopted a level of service that we would like to maintain. And to do that, we have to occasionally raise our fees when costs go up. We understand that. But, again, the question should be, I think, should we be doing this given the other important pressing problems that we have regarding essential service workers and where they live? Also I'm wondering, I didn't hear any discussion on credits in this study, and, unfortunately, I have not seen a study. So I would defer to what -- to you on whether or not they're in there. But remember, the people that are moving in now, these people buying these half a million dollar homes are paying significantly higher ad valorem taxes than the people that are here now. I would submit to you that growth is paying for growth and Page 129 March 14,2006 maybe in many cases, more than paying for growth if we consider that factor which we usually do not consider. So -- and if there is a portion -- and I heard some dialogue today about a piece of the ad valorem tax going toward county parks or regional parks. That might be, I would suggest to you, a positive indication to the rest of the community that we're serious about affordable housing if we decide to maybe apply some of the ad valorem taxes to that. It is a community decision about the quality of life. We're talking about parks. We're not talking about roads or water or sewer. This is a quality of life issue. And we are faced with numerous challenges. Not only can we maintain a level of service on parks, it's where do some people afford to live. And again -- I'll say it, again, it may not be our issue as builders, but as citizens and residents, it certainly, I think, can be demonstrated that it is. Thank you for the opportunity to speak. CHAIRMAN HALAS: AI, I'd just like to say that the impact fees pay for growth for the influx of people coming in. After those parks are up and running, that's where ad valorem taxes kick in for the operation of those parks, sir. MR. ZICHELLA: We recognize -- may I? CHAIRMAN HALAS: Sure. MR. ZICHELLA: I do recognize that, Commissioner Halas, and I think I made mention of that. My point is simply this, as a community I'm urging you to consider an alternate remedy to maintaining the level of service, or, as Commissioner Coletta said, maybe adopting a different level of service when one considers the other problems that we're facing as a community; otherwise, it's not our issue. And, once again, thank you for the opportunity. Page 130 March 14, 2006 CHAIRMAN HALAS: Thank you. COMMISSIONER COLETTA: I have to correct something. I may have stated it, but it was mentioned out of context. I wasn't suggesting that we lower the level of service. I was giving you suggestions of what -- if we didn't want to approve the impacts fee or collect the ad valorem, then we would have to lower the level of service. I want to go on the record in making sure that I'm with Commissioner Fiala. I don't want to lower the level of service. MR. ZICHELLA: Commissioner, I apologize if I -- COMMISSIONER COLETTA: That's okay. MR. ZICHELLA: I did not mean to say -- I wasn't quoting you. I meant that you had mentioned it. COMMISSIONER COLETTA: Well, I just wanted to make sure, so I didn't get a thousand phone calls afterwards wanting to know why I'm not providing -- MR. ZICHELLA: Please forgive me for speaking for you. I didn't mean that. COMMISSIONER COYLE: No, I heard him say that, AI. COMMISSIONER COLETTA: Caught again. Thanks, AI. COMMISSIONER FIALA: You are really entertaining today. CHAIRMAN HALAS: No. He's just trying to get somebody in trouble. Commissioner Henning? COMMISSIONER HENNING: Is it $50,000 that we can defer impact fees per house for affordable housing? MS. PATTERSON: Amy Patterson, for the record. We have a couple of different impact fee deferral programs in Collier County. We have a county-wide deferral program which is based on income, and they have to qualify, but that's open to anybody. We have the Immokalee residential impact fee deferral program, which has a little bit higher income level and a higher price of home Page 131 March 14,2006 that can be bought. Again, open to anybody living within the Immokalee community. We also have an impact fee deferral program for affordable rental units. And the other that you might be referring to is the charitable organizational waiver program, which is -- doesn't apply to parks, but is a commercial program that we also have to deal with impact fees. MR. MUDD: But as a board, you did increase the money available for help from CDBG to $50,000. I think that's what you're getting at. COMMISSIONER HENNING: Yeah. And that can go towards impact fees or not? MR. MUDD: It can if that's the way -- if that's the way they want to go toward it, or in most cases they defer and then they go in and try to get that help. Denny's here. Go ahead, Denny. You can explain it better. COMMISSIONER HENNING: Well, I don't want to go, Mr. Baker, too long on this. But we do recognize the challenges for the workforce here to live in the community. And it was -- I was told, and I don't know how true it is, County Manager, that part of the recent legislation on growth management, that one thing they didn't want us to do was cut level of service on parks. MR. MUDD: Yes, sir. Parks is a category A. COMMISSIONER HENNING: And we can't take it out of category A, can we? MR. MUDD: Commissioner, you can't take it out. It's legislatively put there as -- and one of the reasons -- one of the reasons it -- from what I've been told. I wasn't here when our forefathers decided to make this particular item. But one of the things they didn't want to do is they didn't want to gut -- they felt that communities would spend all their monies on Page 132 March 14, 2006 water, sewer, transportation, and they would forget about the other amenities in a community like parks, and they felt that parks would be the bill payer for all the rest. So in order to preclude communities from gutting that bill payer, parks, they decided to move it into category A so that they made sure that the growth management plans that communities had would be holistic and they would touch on every area. And you know, I've always thought to myself, why isn't sheriff patrols and EMS in category A? Why are they in category B, those things that you can have a say with as far as the board is concerned? It's just the way they set it up. And they wanted to put parks and rec. in there as an indicator to make sure that you've got a system that basically goes across all the particular service areas in the county. COMMISSIONER HENNING: All right. The -- I guess you're reassuring me that it's a broad mix of appraisals that we're basing these impact fees on? MR. MUDD: Yes, sir. That's what I've been told. COMMISSIONER HENNING: I mean, I see them across the board here, and even in some of the communities that we'll never build a park in -- but I see that we have appraisals in Immokalee, Port Royal, City of Marco Island, the City of Naples, Livingston Woods. So those -- even though some of those communities, except for Immokalee, we'll never build parks in as a part of the calculation. MR. REEVE: Commissioner, my name is Bill Reeve. I'm the director of the real estate division for Coastal Engineering here in town, and we were asked to provide -- and I broke down the county into eight areas that you see in the report. We were asked to provide ongoing value conclusions for land, vacant land tracts, within that area, each of the eight areas that were laid out. Page 133 March 14, 2006 Obviously, if you're going to put a regional park east of 951, for example, in Golden Gate Estates, while I was not specifically directed as to where the parks were going to go, I was asked for land value conclusions within those areas. It would be an assemblage of parcels having to put together numerous half-acre, five-acre or 10-acre piece, as opposed to finding a solid ISO-acre tract of land. In case of Marco Island and the beach side, they had indicated to me -- they, being the county -- had indicated that they were looking for potential for boat traffic areas and/or beach access. The part that you had -- the question that you had earlier relating to the $200,000, I think if you take a look in the report, I believe the impact fee study had taken areas six, seven and eight -- is that correct -- areas six, seven, and eight and averaged those to come up with that $200,000. Obviously, if you go east of 951, depending upon the price point, depending upon the time that you're dealing with, and depending upon the parties you're dealing with, that valuation may change. The date certain in terms of window of value, because appraisers, unfortunately, look historically at transactions, was probably up through May of last year. Activities have changed in those corridors. Weare involved in another study, and I know in looking at the July '04 through July '05 and then up through September, the appreciation on sale/resales, especially east of 951, ranged anywhere from 10 or 15 percent a month to 30 percent a month in vacant and improved transactions. So it's a moving target, if I had to say. It's going to take a site-specific and a negotiation-specific, which mayor may not defer from that indicated value that they used on an average from the areas. COMMISSIONER HENNING: Sir, I never questioned your Page 134 March 14, 2006 appraisals. N ever did. I just want to make sure that we're doing the right thing. We know we're not going to put a boat ramp in between two houses on Marco Island, okay? And that's part of your appraisal. I didn't guide you to do your appraisal. MR. REEVE: No. COMMISSIONER HENNING: But that's what it is. We're not going to put a boat ramp in Port Royal, and we're not going to put a neighborhood park in Livingston Woods. So as long as the consultant that put all this together to come up with the bottom line feels that it's legally sufficient to use properties that we'll never make improvements, I'm fine with it. I never questioned your appraisal. CHAIRMAN HALAS: Commissioner Coyle, hopefully we can wrap this up. COMMISSIONER COYLE: Yeah, I hope so. Just a couple of quick points. Number one, the new growth management plan requires that parks as a category one facility be under construction or in place not later than one year after the approval of the development CHAIRMAN HALAS: That's right. COMMISSIONER COYLE: -- unlike roads, which can wait three to five years. Now, what that means is we've got to have some money available to react so quickly. We've got to -- got to be able to have the funding to do that. Now, if we can make one assumption, and that is that the growth -- that the impact fee calculations have been done in accordance with case law, okay -- and I understand there's a possibility of a mistake. But if we make the assumption that it has been done in accordance with case law, than it is nothing more than a redirection of the cost of acquiring land and developing a park. Page 135 March 14,2006 We don't control either of those. We don't control the cost of land. We don't control the cost of construction. We don't control labor costs. Somebody else determines what those are. And as a result of charging us that much for it, it impacts what we charge for impact fees, okay? Now, the idea of using a conglomerate of appraisals really builds in a safety factor, because if we plan to build a park in Everglades City, the cost of land acquisition would be less than it would be if we built one in Naples. So when we plan on that, and then suddenly we find that the population distribution indicates that we need to build it in East Naples rather than Everglades City, and the cost goes up, and guess what, we don't have the money, because we forecast too low and we made assumptions that were not sound. So by using an average of real estate prices throughout the county we protect ourselves from that. Now, we will still be wrong because we can never be perfect. But what happens? That's reflected in the next update to the impact fees, and so the price then goes down. And so it is a self-correcting thing. And if we expect ourselves to be absolutely perfect every time, we're never going to get there. But that's the good thing about impact fees, it is self-correcting over time. CHAIRMAN HALAS: So would you be so inclined to make a motion? COMMISSIONER COYLE: I'll make a motion we approve. COMMISSIONER HENNING: I'll second it. CHAIRMAN HALAS: Okay. It's been suggested that we approve the impact fees as stated, and the motion was made by Commissioner Coyle, second by Commissioner Henning. Any further discussion? If not, I'll call the question. COMMISSIONER HENNING: I see a finger. CHAIRMAN HALAS: Okay. Uh-oh. Page 136 March 14, 2006 COMMISSIONER COYLE: There's one thing -- it doesn't have to be part of the motion. I just want to mention it before we vote. CHAIRMAN HALAS: Okay. Discussion. COMMISSIONER COYLE: There's one point that's very good here, and Al brought it up. Ifwe don't have -- and we don't -- an impact fee deferral program for gap housing, we ought to think about it, because when you're talking about houses in the range of225-, 250-, 275-, impact fees like this do make a difference. So we really ought to start thinking about that, but it can't affect our position on the cost of the land because we've still got to buy it somehow and build a park. So I just wanted to make that comment, that we ought to be thinking about this other thing, too. CHAIRMAN HALAS: I believe there's already some discussions in that already by staff. COMMISSIONER COYLE: Okay, good. CHAIRMAN HALAS: So I'm just going to go ahead and call the question. All those in favor of this motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign? (No response.) CHAIRMAN HALAS: Passes unanimously. Thank you very much. I believe we have a time certain now, 7 A. Item #7 A RESOLUTION 2006-64: PETITION: ADA-2005-AR-8497, APPEALING OF AN ADMINISTRATIVE ORDER (A V A-2005- Page 137 March 14, 2006 AR-7821) FOR PROPERTY LOCATED AT 316 FLAMINGO AVE - ADOPTED MR. MUDD: Commissioner, that brings us to a time certain item, 7 A. This item to be heard at two p.m. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. The Vanderbilt Beach Property Owners' Association, Vanderbilt Beach and Bay Association, and the Vanderbilt Beach Zoning Committee appealing the admini -- appealing an administrative decision specifically asking to overturn the granted administrative variance, A V A-2005-AR-7821, for property located at 316 Flamingo Avenue. Appellant's hearing exhibits are on display in the County Manager's Office on the second floor, Building F, Collier County Government Center. And I -- okay. Mr. Weigel, do you have some opening comments, sir? MR. WEIGEL: Yes, yes. This is an appeal of an administrative variance -- pardon me. Let me clear my throat. An appeal of administrative variance decision made by staff, and the appeal is before us today at this time certain. I would look to provide or advise the board and the chairman in regard to the potential procedure that will be had here today. And I'll just start right now and then be open to any questions that there may be. Because it is an appeal, typically in appellate proceedings such as this, or even in a court of law, the appellant has the opportunity to go first and provide on the record the point or case that the appellant is attempting to make. Page 138 March 14, 2006 That is followed by the -- in this case there is an affected property owner, the residents or owners of the property that is at issue here. And I would suggest that for due process and by virtue of the fact that there is property at issue, real property at issue, that the owner party, which may be the Dowdys or their representative, have the opportunity then to present their case and/or rebuttal to the appellant's case, which in this case, is, I believe, three homeowner associations. I would suggest the timing -- the timing of the presentation of the appellant, meaning the homeowner associations, and the time allowed for the response of the homeowner or their representative, be essentially equal and, perhaps, not necessarily more than 20 minutes, but with a time frame of the 20 minutes. The chair, and with the assistance of the board generally, can make changes based upon questions that may come to the board and to the chair during the course of proceedings regarding additional times. At all times the chair will have control of the proceedings. Additionally, there may be tendered public speaker slips for public speakers. And, again, as is typical in this and in other proceedings, the chair will inquire as to public speakers after there has been an opportunity for the appellant and the property owner or property owner's representative to respond. And the chair can at any point thereafter entertain the public speakers imposing, if he wishes and if there's no counter-determination from the board, essentially a time certain for the speakers to speak. Again, the chairman in this proceeding, as in other proceedings past, may ask if there are representatives of a group that may -- representative or representatives of a group that may be here that can either speak on behalf of that group utilizing their three minutes or Page 139 March 14,2006 that other persons cede time. Again, it's up to the chair to make that determination if additional time be granted. Also in proceedings such as these, the chair at any point can ask for a showing of hands or to stand up in the audience so that the commissioners can see what the interest is of a particular point of view from the public that happens to be present. Additionally, I'll note that it would -- the commissioners at the beginning of this hearing, and certainly before a decision is rendered, are recommended to make any declarations of ex parte discussions that they may have had with staff or outside parties, with the appellant or the property owner or their representative or anyone else, and also provide any material that they may have received for the record of this proceeding. And lastly, I'll mention that inasmuch as a motion to dismiss had been filed with the staff prior to this hearing by the representative for the property owner, the Dowdys, that the county attorney, county staff, but particularly county attorney, will look to advise the board in regard to the motion to dismiss and the action that you may wish to take relative to that prior to the appellant actually starting the presentation of their case. And if there are any questions, I'll certainly try to respond. CHAIRMAN HALAS: Is there any questions from the board? COMMISSIONER HENNING: I have just one question. Once we give ex parte communication on this item, we received two documents, one from the appellant, one from the property owner. The -- when we base upon our fact of finding (sic) and ultimate motion, could we use these documents? MR. WEIGEL: Very good question, Commissioner. The Jennings decision, the 1991 Jennings decision, that set the stage for legislation relative to the ex parte proceedings that we have Page 140 March 14,2006 adopted here indicate that if in fact there is a disclosure of outside communications, including oral or written materials that you may have received, and that you bring those to the attention in the proceeding of having received them, you technically, in fact, can utilize that information as part of your decision-making process. I do not know, of course, how these proceedings are going to unfold in regard to what written materials may be given to the record during the course of the proceeding today. There is a possibility, in fact, that these very documents that you may have received prior to this hearing may be introduced into the hearing by one or more of the parties here today as well. The answer is yes, you may utilize those. Certainly you have an obligation to disclose that and any other information or discussions that you've had prior to this meeting today. COMMISSIONER HENNING: Thank you. CHAIRMAN HALAS: Okay. At this point in time, start with Commissioner Coyle in regards to his ex parte. COMMISSIONER COYLE: Okay. Inasmuch as we have heard this -- CHAIRMAN HALAS: First of all, let me back up here. Let's -- everybody that's going to be involved in this proceeding, please rise to be sworn in. (The speakers were duly sworn.) CHAIRMAN HALAS: Okay. At this point in time, I'd like to have disclosures from the commissioners, starting with Commissioner Coyle. COMMISSIONER COYLE: Okay. As you all know, the board has heard these -- this issue before, and in addition to the ex parte disclosure that was relevant to that particular hearing, I also have had meetings, have received correspondence, emails, telephone calls, all Page 141 March 14, 2006 containing arguments for or against granting this petition, and it's all in this file if anyone wishes to inspect it. That's all I have, Mr. Chairman. CHAIRMAN HALAS: Thank you very much. Commissioner Coletta? COMMISSIONER COLETTA: Along with Commissioner Coy Ie, having heard it before, I also have correspondence and emails in my file if anyone wishes to see it. CHAIRMAN HALAS: Okay. I have had meetings, correspondence and, of course, we've discussed this once before before the Board of County Commissioners, and I've also had a number of telephone calls both for and against this, and I've had various conversations on the outside, meeting with different people in the community both for and against this matter, and discussed this at some length with the county staff, and also at some length with the county attorney and also with the community development and environmental services. And all of my ex parte, along with the ex parte from before and any new stuff -- in fact, I just got one - one included this morning early, about 8:30 this morning, that arrived. So that is also here, and it's from the zoning committee of Vanderbilt. So that's all presently. Commissioner Fiala? COMMISSIONER FIALA: Yes. Likewise, I was in the meeting where we discussed it before. Since then I've had meetings with different and various people, I've also spoken to various members of our staff asking them questions, and I've also received emails and phone calls, and I have them all in here. CHAIRMAN HALAS: Commissioner Henning? COMMISSIONER HENNING: I received a document from the Vanderbilt associations and one from Quarles and Brady, four emails, I talked to the county attorney about the proceedings, and I spoke to Page 142 March 14, 2006 Mr. Schmitt months ago about this issue, and naturally, we've heard it in another forum, previous day. CHAIRMAN HALAS: Okay. MR. BROWN: At this point, we'd like to respectfully object for the record. We believe that a substantial amount of prejudicial ex parte communications-- MR. WEIGEL: If you're recognized by the chairman, then you may come to the podium to speak. But first you need to be recognized by the chair. CHAIRMAN HALAS: Please come forward. MR. BROWN: Yes, Chairman. We believe that a substantial amount of prejudicial ex parte communications have taken place in this case, and we just want to have that objection noted for the record. CHAIRMAN HALAS: Okay. I believe that what we're looking at here is the fact there we're here as an open forum, and I think that all of us are here to hear both sides of the argument, and I believe we will then come up with a conclusion on which way we're going to vote on this. Commissioner Coletta? COMMISSIONER COYLE: It's Coyle. CHAIRMAN HALAS: Coyle. COMMISSIONER COYLE: Yeah. I'm the slender, young one. I'm intrigued by that obj ection, and I would like to understand on what basis the objection has been lodged. Prejudicial ex parte disclosure or ex parte communications is not in any way forbidden by law. Are you suggesting that there has been inappropriate ex parte and it has not been properly disclosed? CHAIRMAN HALAS: Yes. MR. BROWN: Obviously the nature of ex parte communications is that we don't, from our perspective know, you know, exactly the content of those communications. You know, the Page 143 March 14,2006 times and places when they were made, the people, you know, with whom they are made, you know, when these meetings took place. And we do have somewhat of a basis. Actually I spoke with Richard Bing on the phone at one point, and he informed me that he had spoken with a, you know, quote-unquote, number of commissioners, and they agreed with them that our -- you know, that the appeal would be decided in their favor. And obviously, that is -- COMMISSIONER HENNING: I never spoke to Mr. Bing. COMMISSIONER FIALA: I never did. DR. BING: Can I respond to that? COMMISSIONER COYLE: I'm not the chair. I'm just trying to find out if we're being accused of doing something illegal here. Is that essentially what you're saying? MR. BROWN: Obviously, I have -- you know, I have no idea what -- you know, what the content of those communications is. And just to note it for the appeal record, you know, ifnecessary. I hate to put anybody off -- you know, on guard. Like I said, we don't know, you know, what the content of these communications are. COMMISSIONER COYLE: Just for future reference in case you ever run into this situation again, we're required to keep files of all these. These are public records. CHAIRMAN HALAS: These are public records. COMMISSIONER COYLE: And so anytime you have a question about what we've talked about, it's here. We keep records of telephone calls and all correspondence, emails. And so, if you ever have a concern about any discussions that might have taken place, it's in these files, and you can have copies of them anytime you'd like. You could have requested them the minute that you had the conversation with Dr. Bing. So I just want to assure you that we're not trying to hide anything from you, that -- Page 144 March 14, 2006 MR. BROWN: Oh, yes. COMMISSIONER COYLE: -- that it's all available to you. MR. BROWN: I just know from the nature of, you know, passing conversations or meetings that aren't always, you know, memorialized in writing, that a lot of the times, you know, communications, you know, unbeknownst to us and unrecorded and undocumented can occur, that's all. COMMISSIONER COYLE: Yeah. Well, I think we all can tell you that Dr. Bing doesn't like the project and he told us why he didn't, and we discussed it and asked questions of him. MR. BROWN: But I'm sure you can all understand, just from our point, you know, we're very, you know, somewhat alarmed and concerned when, you know, something like that is mentioned, you know, that in any way, that this appeal might already be decided in anybody's mind. CHAIRMAN HALAS: But, sir, you're the representative for the people here. MR. BROWN: Yes, Mark and Shirley Dowdy. CHAIRMAN HALAS: And I would think that you're going to give us an argument of why that should -- that the variance should not be declined that was given; is that correct? MR. BROWN: Yes, I'm going -- I have an argument prepared. CHAIRMAN HALAS: So I would think that we are here to listen to both sides of the equation. And as we said earlier, we come forth with all of our ex parte. That's public information that you are allowed to have. And I even added more to it when I said that there was meetings outside or discussions outside at social events both for and against, okay? And I made that very clear, because there are some people, okay? And that's why I wanted to make sure that we laid everything out on the table in regards to this, okay? Page 145 March 14, 2006 MR. BROWN: Yes, thank you. CHAIRMAN HALAS: Okay. DR. BING: Mr. Chairman, can I respond to the accusations? CHAIRMAN HALAS: Well, let's not get to that point. I just want to get some direction here from the county attorney, okay? MR. WEIGEL: I thank you. And thank you, Mr. Chairman. I have expressed a potential order of the proceedings here, which you and the board may endorse in regard to the timing, of who goes first and for approximate amounts of time. Additionally, I had indicated that prior to -- prior to the argument or statements of the appealing party, which is the property owners' associations, that, in fact, Mr. Brown, on behalf of the Dowdys, had transmitted a motion to dismiss request, which I would suggest prior to the beginning of the argument for the appeal by the property owners' associations, if the representative for the Dowdys wishes to utilize the opportunity to address his motion to dismiss on behalf of the Dowdys, that he may do so, and then legal staff will respond to his argument to you and you may have questions of us, of course, at any point in time. So I would ask that you on the record adopt what you believe are ostensibly the times and orders of things to occur here, perhaps, as I suggested. CHAIRMAN HALAS: Yep. MR. WEIGEL: And then after that, prior to the beginning of the argument by the appellant, which is the property owners' associations -- and they have given us a listing of an order of persons to present, and they've all-- within their 20-minute time frame. And to the extent practicable, Ms. Filson will indicate to those speakers as they're presenting when their time is up, because they're sharing time during that 20-minute period. Page 146 March 14, 2006 We will do the best we can, but the fact is that they need to judge their own time well for themselves in the sense that they're packing a lot of people in their 20-minute period. But subsequent -- prior to that, we'll take care of -- if the Dowdy representative wishes to go forward with his request for motion to dismiss, we'll take care of that first. But you set the proceeding and then move forward to that. CHAIRMAN HALAS: Okay. Thank you very much, County Attorney. At this point -- at this point in time, before we get started, what we're going to is we're setting a guideline here that each side -- each representative for the appellant and for the property owners has a maximum of 20 minutes, and then for each speaker, it will be three minutes, unless they decide to relinquish their time. And I want to get the formalities of this thing moving and get this taken care of. So -- and then when we hear the property owners' side of this thing, I will give the appellant -- which is normally done in here -- in this frame -- property issues, a rebuttal time of three minutes, okay? We've got that established? MR. MULLER: May I be recognized on one issue? CHAIRMAN HALAS: Yes. MR. MULLER: I'm Mark Muller from Quarles and Brady. I represent the Vanderbilt Beach Zoning Committee. I just wanted to clarify whether we would have an opportunity to present some argument in opposition to the motion to dismiss. CHAIRMAN HALAS: I think I covered that. That was three minutes rebuttal time, okay? Okay. At this point in time, County Attorney, then let's figure out if we're -- where we are in the guidelines here now that we've got the ground rules set, I believe. MR. WEIGEL: All right. Thank you, Mr. Chairman. Where I Page 147 March 14, 2006 figure is then that Mr. Brown, on behalf of the Dowdys, may wish to make a presentation about his request for a dismissal of the proceeding. CHAIRMAN HALAS: Okay. And then you'll give us guidance if he has anything in regards to that; is that correct? MR. WEIGEL: I will. CHAIRMAN HALAS: Okay. Thank you. MR. BROWN: Yes. And Chairman, how many minutes do I have for presentation? Is it separate from the other 20 minutes? CHAIRMAN HALAS: That's correct. I would hope that it's not going to be more than 10 minutes or five minutes. MR. BROWN: I don't believe it will be. CHAIRMAN HALAS: Okay. Thank you very much. MR. BROWN: Essentially, our proposition is that the appeal that the Vanderbilt associations filed is untimely. There are essentially -- I'll start with section 250-258 of the Collier County code. If you can turn to tab 7 in the binder that I provided. I provided a notice entitled, appellees' memorandum regarding a lack of a notice requirement, Collier County Code of Laws and Ordinances, section 250-58A. COMMISSIONER HENNING: Somebody stole my manila folder. Oh, okay. COMMISSIONER COYLE: What tab was that? MR. BROWN: It's tab 7. Also, just the ordinance itself is included under tab 5. Is everybody there? Okay. Basically, as you can see from section 250-58A, which is applicable Collier County code provision under which the appellants filed their appeal, it provides that appeals to a board of zoning appeals or the governing body, as the case may be, may be taken by any person aggrieved, or by any officer, department, board or bureau of the governing body or bodies in the area affected by the Page 148 March 14, 2006 decision, the termination or requirements made by the administrative official. Such appeals shall be taken within 30 days by filing with the administrative official a written notice specifying the grounds thereof. The administrative official shall forthwith transmit to the board all papers, documents, and maps constituting the record of the action from which an appeal is taken. In this case, Susan Murray of the Collier County staff granted the Dowdys' appeal on August 29, 2005. That is included under tab 6. You can see that staff report. I believe it's on the third page. So that is the date that the appeal or that the -- that the Dowdys' administrative variance was officially granted. Now, as you can see from section 250-58A, there is no notice requirement at all. There's no -- when an administrative variance is granted, it's a purely ministerial function of the Collier County staff. You know, it's just something that - you know, it's a decision that they make, and it's filed. And, yes, it is put into public records in due time. But when it is granted, there is no requirement anywhere in the code that, you know, notice be given. Moreover, there is no mechanism for notice. You know, there is no requirement that there is a publication, nor is there a requirement that any notice be mailed out to anyone. Therefore, it is implied in this ordinance and it is the intent of this ordinance and the drafter's intent to measure the 30 days from the date of the decision, determination or requirement. And in this case, as I said before, Susan Murray granted the Dowdys' administrative variance on August 29, 2005. And as I said, that's in tab -- in tab 6. Page 149 March 14, 2006 If you turn to tab 9, you can see the Vanderbilt associations' appeal. It was received by the Collier County staff on October 13, 2005. That's 45 days later. It's 45 days after the date that the administrative variance was granted. Now, I know that the appellants might argue, well, there should be notice. Like I said, there is no requirement in the code or in this provision that any notice be required, nor is there any mention that there is a mechanism for notice. And as we know from dimensional variances and appeals or requests for an official interpretation, when the Collier County ordinances require notice, it's there. When there's an intent, it's there. It's provided for in the code. In this case there is no intent to make for any notice. Second of all, you -- you know, implying that there is some notice requirement is basically creating law, because the only days that you could -- and if you do not measure the date of -- the date of this appeal or the 30-day window from the date the variance was actually granted, you'd have to measure it from the date of constructive notice or the date of actual notice. The date of constructive notice would be the date that the information of the -- or the information of the variance being granted was officially or publicly available. That information -- CHAIRMAN HALAS: Sir, have you just about wrapped up? Because we'll get into -- we'll get some determination here from our county attorney in where we are on this thing, okay? MR. BROWN: Yes. CHAIRMAN HALAS: I think you've covered that area very good. Do you have any other additional -- MR. BROWN: Yes. CHAIRMAN HALAS: -- information? Okay. MR. BROWN: Very quickly. Measuring it from the date of Page 150 March 14, 2006 constructive notice is basically the day that it's publicly available. The information in the Dowdys' administrative variance was publicly available on the Collier County's website on September 6, 2005. That is 37 days late, or 37 days after the variance was granted. So that's seven days late, and that's the date that it was available. Measuring it from the date that the appellants were actually notified of the variance being granted is a preposterous measurement time frame. Basically that would -- if you measure from the date that they were actually notified, that would mean that somebody could literally, you know, be a snowbird, come down, and eight months, nine months, 10 months, a year, two years, three years later hear about a variance being granted and then want to appeal it. You can't measure it from the date that one is actually notified. So just in summation. There's three dates that you can measure from. The date that the appeal -- or that the variance is actually granted, that way it's 45 -- or it's 15 days late; measure the date from constructive notice, and that way it's seven days late; and if you measure it from the day the appellants were actually notified, then it isn't late, but it sets a precedent that you can appeal an administrative variance months, years, whenever later, all the while encumbering the title to someone else's property. That's it on this issue. Thank you. CHAIRMAN HALAS: Thank you. County Attorney? MR. WEIGEL: Okay. Well, what I would suggest is that you may wish to turn your attention to page 57 of 81 of our agenda item 7 A, and there you'll see a response from assistant county attorney, Jeff Klatzkow. And assistant county attorney , Jeff Klatzkow, is prepared to address. But I would suggest he address after Mr. Muller has the opportunity to respond immediately. I just wanted to put to your attention that we are prepared to address, both orally, as well as already to some degree, in the written form. Page 151 March 14, 2006 CHAIRMAN HALAS: Okay. CHAIRMAN HALAS: Just before we get started, does the county attorney before -- before -- that you'll give a rendering on this, although it's already in our printed material? MR. WEIGEL: Yes, we will. CHAIRMAN HALAS: Okay. You want to go ahead __ MR. WEIGEL: I just want the record to be complete, and so that if you have questions for us beyond what we just tell you without questions, that you'll have the benefit of both of these arguments to come up with all the questions you have at one point in time, if you should have any. CHAIRMAN HALAS: Thank you very much. MR. WEIGEL: Thank you. CHAIRMAN HALAS: Please proceed, sir. MR. MULLER: Good afternoon, Commissioners. My name is Mark Muller from Quarles and Brady. I represent the Vanderbilt Zoning Committee. The ordinance says such appeal shall be taken within 30 days. Thirty days from when? That question is dependent upon the facts of the case. The Florida Supreme Court has recognized in a 1990 case that the time limit for an appeal can be tolled or extended by two different doquins (sic) equitable tolling or estoppel. Equitable tolling happens when there's some sort of excusable ignorance of the deadline and lack of prejudice to the opposing party. That's -- in this case that would be the Dowdys. And the zoning committee would be the one who had some excusable ignorance of the deadline. Estoppel is when there's some sort of actual deception or misconduct relating to the deadline. We certainly in this case have equitable tolling, and we think we also have estoppel. Page 152 March 14, 2006 The association has been involved in the Dowdys' various variance applications for years, going back to 2001. With regard to this application, they regularly corresponded with staff, including Joe Schmitt. We have up on the screen part of Exhibit 6, which is in our booklet we've provided to you. This is the booklet. If you'd turn to tab 6, the bottom of the first page. This is an email from Bruce Burkhard to Joe Schmitt saying, the Vanderbilt Bay Property Owners' Association has put in so much time and effort to correct this egregious set of violations that you can be confident that we won't sit idly by and let a set a variances go unnoticed. I'd be very surprised if the BCC would condone any variance that was after their clear vote on the matter. This is August 25th of2005, the day the staff recommended that this administrative variance be granted. Mr. Schmitt never said anything about that staff report being in the pipeline. On September 20th Bruce Burkhard from the association, Richard Bing from the association, Commissioner Halas, Joe Schmitt, and Patrick White from the County Attorney's Office, had a meeting to discuss this pending application. The meeting went on for some time, at which point Mr. Burkhard got the idea from the answers that Mr. Schmitt was giving that something wasn't quite right, and he asked him a direct question. Joe, have you already granted this variance? And the answer, after a long pause, was, in fact, yes. This is on September 20th, over three weeks after it's been granted, and the association has been on him from day one about not granting this and being opposed to it. And three weeks later they find out for the first time that it has, in fact, been granted. It was followed up with an email that's at tab 7, page 2 of your materials. After they found that out, there was an email sent from Page 153 March 14, 2006 Bruce Burkhard to county staff inquiring about the deadline. And it's at tab 7, page one. And this is from Trisha McPherson to Joe Schmitt, asking, Joe, Mr. Burkhard called the office about the process. He wants to know how to obtain the format paperwork necessary for filing this type of appeal to the administrative variance; two, if there is a deadline for the appeal, since they weren't notified of the date it was granted. On or about October 13th, Joe Schmitt confirmed to Mr. Bing, or Dr. Bing, that the appeal deadline was October 22nd. You don't have to take my word for it. Tab 8 of our materials, page 2, is the email from DickBing to Joe Schmitt that says -- and this is October 13th -- Joe, thanks for returning my call and confirming that the appeal deadline is October 22, 2005. October 13th was the date that the associations filed their appeal formally. They informally had filed it on October 12th. In effect, the county, although they knew that the associations were very much interested in this variance and were very much intending to appeal, hid that fact from the association until the bills __ beans were spilled on October -- or September 20th. The appeal time should run from September 20th. Thirty days from then is well within the time that the associations filed their appeal. The legal support for it is equitable tolling and estoppel, and it's also because it's fair. We are not some party that was out of town when this happened, had no interest in what was going on and came back two years later. We were intimately involved in this process and should have been told about it and should have the opportunity to appeal it. Thank you. CHAIRMAN HALAS: Okay. Is there any questions? If not, we'll go into the other side. Do you have a question? Page 154 March 14, 2006 COMMISSIONER HENNING: No. I thought we're all done. CHAIRMAN HALAS: This gentleman has 15 more minutes, because I think he used up five minutes. MR. WEIGEL: Okay. Just a second here. CHAIRMAN HALAS: Okay. MR. WEIGEL: So the board will need to make a determination in regard to the appeal -- CHAIRMAN HALAS: Right. MR. WEIGEL: -- or order of dismissal request. As I indicated, we have provided on page 7 -- 57 of the -- of the agenda package, a written opinion to the board relative to the motion to dismiss request. If you have any further question from us, of course we're able to talk about it and provide any other additional information that you may have. But it is, I think, the appropriate time now, before we go into the proceeding in chief, for this board to discuss and determine, if it's ready to, the question of whether this dismissal request should be honored or not, denied or approved. COMMISSIONER COYLE: Motion to deny. COMMISSIONER HENNING: Second. CHAIRMAN HALAS: Okay. Okay. We have a motion by Commissioner Fred Coyle to deny this and a second by Commissioner Henning. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Those opposed, by like sign? (No response.) MR. WEIGEL: Okay. Now you're ready to start the proceeding. Page 155 March 14,2006 I don't know if you're going to consider the time spent on the dismissal matter, which is not actually the appeal, as taking time away from the appeal arguments of either __ CHAIRMAN HALAS: I'll set the clock back to zero and we'll start at 20 minutes, MR. WEIGEL: Okay. Thank you for that clarification. MS. FILSON: Okay. Shall I call-- they gave me a list -- an order in which they want the speakers to go before the attorney. Is that acceptable to the chairman? CHAIRMAN HALAS: Yes, I guess so. Yes. Get this over with. MS. FILSON: Bruce Burkhard, you'll have three minutes. MR. WEIGEL: Followed by? MS. FILSON: And he'll be followed by B.J. Savard-Boyer, who will have three minutes. MR. BURKHARD: Thank you. My name is Bruce Burkhard, for the record. I live at 283 Oak Avenue. I'm a director of the VBPOA and a vice chairman of the Vanderbilt Beach Zoning Committee. From the very outset, the VBPOA has really tried to do nothing more than see that the LDC is enforced in a fair and equitable manner. That's been our whole driving concern throughout the whole exerCIse. Contrary to previous statements in the hearings, the Dowdys are really not being singled out unfairly for enforcement. During a site visit to confirm the details of a requested variance for a pool cage, a county planner discovered that there were multiple violations of setbacks of the house. Actually, there had been previous problems noted at the Page 156 March 14,2006 submission of the site development plan and it was kicked back to the builder, and very shortly thereafter, he resubmitted basically the very same plan with a lot of flaws still in it. So the homeowners' association has opposed the variance from the start -- from the very time the rear setback violations were discovered and relayed to the homeowner. We presented the whole story to the CCPC on May the 20th of 2004. And in a unanimous nine-to-nothing vote, they resoundingly recommended that the variance be denied. On June 22nd the association presented the case to the BZA, the highest authority at the county level, and asked for a denial of the variance. This time by a majority vote of 3-2, the variance was denied. We felt that we had made our point and that clear direction had been given to county staff, correct the problems. From the -- from time to time for the better part of a year we continued to make inquiries of the CD staff regarding the disposition of the case. The staff was well aware of our continuing interest and was on notice that we would appeal any backdoor administrative variances. Sometime in September -- and I find out now it was actually August _ - an administration variance was granted, and a CO was apparently issued at the same time. Unbelievably, no one in our organization was notified. We found out about it only during the previously mentioned meeting that Mr. Muller just spoke about. We stated at the time that we would be appealing, and a letter confirming our intentions was sent. Sometime after the discovery, we were advised by Mr. Schmitt in email that there was no deadline for filing an appeal. We have since found out that the staff in its executive summary has tried to disallow our appeal of the variance because of untimeliness. Page 157 March 14, 2006 I hope at the end of the day that you'll accept the basis of our appeal and that you'll overturn the administrative variance that we believe was improperly granted. By asserting your authority, you will be helping to restore public trust and confidence that the LDC is a meaningful document that must be followed. Gamesmanship should not trump common sense, and hopefully active citizen participation should be encouraged. Thank you. CHAIRMAN HALAS: Thank you. MS. FILSON: The next speaker is B.J. Savard-Boyer, who will have three minutes. She will be followed by the attorney, Mark Muller, who will have 20 minutes. MR. WEIGEL: No. MS. FILSON: That's what -- 20 minutes, correct? CHAIRMAN HALAS: That's right. MS. SAVARD-BOYER: Good afternoon, Commissioners. My name is B.J. Savard-Boyer, and I'm president of the Vanderbilt Beach Property Owners' Association. We're here today because the home on Flamingo does not conform to the LDC code. Here are three examples of other homeowners who were put in the same position. The first was on Flamingo. The surveyor mismarked the lot at 25 feet rather than the required 30 feet from the front yard setback. The house was laid out, built per the survey on the site. At the time the error was found, the house was build up to the stem wall, block, pilings, pool, et cetera; therefore, it was five feet out of compliance with zoning and had a potential rear yard setback problem, as the contractor was unaware of the exact setback for rear yard, exact for -- height off the seawall for the pool deck. The house was torn down and rebuilt, new pilings and all. The house is five feet less deep than the original design, and the interior walls and size of the lanai were altered to comply. Page 158 March 14, 2006 Second example is on Heron Avenue. This house was built with a 3.3-foot rear yard encroachment into the setback in violation of the LDC. Homeowner, with the cooperation of the developer, applied for a 3.3-foot after-the-fact variance, which was later denied by the code of zoning appeals. The redesign required extensive alteration in order to provide living space not less than the original home. The owner had to move the two rear bedrooms from the ground floor to a new second floor. This dramatically changed the roof line of the house and required the removal of a large portion of the existing concrete slab and walls. The alteration was eventually completed to comply with the LDC. The last example was an experience my husband and I had with the extensive remodeling of our home in 1993. Construction was stopped before -- because of a code violation. We flew to Naples from Minnesota to meet with the county staff to go over the violation and solve the problem, which we did. After that, construction continued to completion. A job that was to take three months took six. So you see, time and money was involved with all three examples. I feel bad that the owners are in this position today; however, the land development code is for the betterment of the community, not to single out one individual homeowner, but to have the law adhered to by all. I ask that you uphold our appeal. Thank you very much for your time. MS. FILSON: The next speaker is Mark Muller. CHAIRMAN HALAS: Okay. MR. MULLER: Good afternoon, again. Mark Muller, on behalf of the Vanderbilt Beach Zoning Committee. In the booklet that we've provided to you, at tab 1 are a couple of pictures. You can't see Page 159 March 14, 2006 it on the screen, but on the pictures that you have, this is the rear of the Dowdys' home. You can see that the seawall on the adjoining property is essentially level with the grade, and the seawall cap on the Dowdys' property juts up several feet. It also, if you look closely at the photograph, cantilevers out over the water by over a foot. It has a large hook on the top of it. That is by intention. The hook is there to create more property between the outside edge of the seawall cap and the back wall of the pool. Without that overhang or that cantilever, this pool is too close. It's 6.6 some feet away from the outside edge of the seawall. With this cantilever it got out to 7.8 feet. And what the Dowdys did was ask the county, since they're within 25 percent of the 10-foot setback, which would have been 7.5 feet, they're now at 7.8 with this manufactured setback, you can grant them administrative variance. We don't have to go through the regular process. And they got the county staff to buy into that. We think that there are three reasons why the county staff was wrong in granting that administrative variance, and we'll -- I'll briefly outline them for you and then talk in a little bit more detail. I am not going to go through every item in this tabbed book. I don't want to spend the time to do that. I hope that you'll consider this or you've looked at it already. First reason, under section 9.04.04 of the land development code, the encroachment that the Dowdys are trying to solve cannot be caused by an error or action on the part of the applicant. These errors on setbacks -- and this is only one of them. There was a setback error with the house itself, there are current existing setback violations with regard to the side staircases on either side of the house, but __ and you have this pool setback. All of those violations were caused by the Dowdys' contractor, their surveyor, or their architect or a combination of all three. People Page 160 March 14, 2006 that they hired. They are responsible for those people's actions, and they don't qualify under this section of the land development code for an administrative variance. Second, it's replete through the emails -- and we'll show you a couple of them -- that staff and Joe Schmitt in particular did not want to approve this variance, having already been told by the county commission, the Board of Zoning Appeals, in '04 that this variance was going to be denied when the setback was 20- foot. They concluded that if the Dowdys met the checklist in this section, that they were required to grant the variance even though the ordinance itself says they may grant the variance. They turned may into shall, which was wrong. Third, staff allowed the Dowdys to cantilever this seawall cap to essentially create more land and create a setback, something that when the county staff did a clarification in 1998 about where you're supposed to measure from, they would have had no idea that somebody would ever try to do that. And we'll show you the staff clarification, the drawing that's attached to it, and you can come to your own conclusion if this is something that is completely way out of bounds, and that the staff should have turned down. Our first point, the error on the part of the owner. The purpose of the administrative variance is to create an administrative process to help keep minor setback problems, especially on residential homes, from having to become major issues that have to go in front of a full board. It's streamlined, it's easy. You could look at it and know what you have to do to a certain extent. Under section 9.04.04 of the LDC, however, an absolute requirement, absolute, to administrative variance is that the encroachment can't be caused by an error or action on the part of Page 161 March 14, 2006 the applicant. And if you look at tab 13 of the materials you'll see this particular provision. It does not say, error or action by the applicant. It is broader than that. Error or action on the part of the applicant. In other words, it includes the applicant, it includes their contractor, it includes their architects, their surveyors, the people that they hired to build a home. If it wasn't this way, the loophole swallows the rule. The only people that wouldn't be able to apply for a variance under this ordinance would be an owner/builder, because if they were an owner/builder, they would have done it themselves and been directly responsible. That's not what this section of the code says. It is on the part of the applicant. It covers the people they hire. That's not to mean that this section never applies to a situation like the Dowdys. If the Dowdys sold their home to somebody and they bought it without knowing that there was a setback problem, which happens frequently, that -- that purchaser can apply for an administrative variance, and the error or action was not on the part of the applicant. It was on the part of the predecessor to the applicant, and they'd be able to qualify under this for an administrative variance. Also would want to point out, just because you can't get an administrative variance under this section doesn't mean that you can never get a variance. You can go through the standard process, which is what the Dowdys have done before, and they got turned down. So now they try to do the abbreviated route and were successful, and we think that for the sole reason that their contractor was responsible, it should be reversed. The second point is, that the administrative variance is permissive. It's not mandatory. If you look again at this section of the LDC, it says may, not shall. If you find the requirements are met, Page 162 March 14, 2006 the county manager or designee may administratively approve encroachments of up to 25 percent of the required yard. County staff, in particular Joe Schmitt, felt absolutely constrained and required to grant this variance if the Dowdys met the requirements. And you can see that at tab 6 of our materials. It's an email on the first page on the top, August 25th, from Joe Schmitt to Bruce Burkhard. The bottom part of the highlighted section, if after staff review it is verified that the noted setbacks on the survey meet the defined criteria, I have no option but to issue the final CO for the pool cage. Likewise, the other variances, if the request is within the administrative criteria and limits of the code, we have no option but to approve the request. At tab 8 of our materials there's another email from Joe Schmitt to Dr. Bing. This time he says, the variance request was administrative in nature; that is, the requirements were met, and by code we had no option but to approve the administrative variance. I would submit to you, you're going to look at the ordinance, you can see where it says may, and staff has crossed out may and written in shall. This is a shortcut. It's not something that you get as a matter of right. It's an administrative variance that is within the discretion of the county manager or his designee. So for that reason, you can see from the backup documentation staff didn't want to approve this but felt like they had to. The final point, and that's this whole idea about cantilevering the seawall, which I think is the most egregious thing that was done in this case. When the Dowdys submitted their request for an administrative variance, they were, to a certain extent, misleading to staff and to the county. If you look at tab 3, Tim Hancock's letter, the highlighted portion, which is in the second paragraph, it says, attached to this Page 163 March 14, 2006 request is an approved building permit to effect necessary seawall repairs for the subj ect property. These weren't repairs to the seawall. There was no problem with the seawall. They weren't necessary for anything other than to try to get an administrative variance. If you look at the attachment, which is a drawing of the seawall repair, you'll see a scale drawing that shows the seawall cap at 14 inches and this overhang at 12 inches, for a total of 26 inches. That's not quite correct either, because 26 inches wide is not what they built on this site. If you look at tab 11, which is the actual survey - and you'll have to really look in your materials to see it because it's fairly small. On the bottom corner is a blowup of the seawall cap. And you will see that it is 2.8 feet. That's 31 inches. Five inches beyond that was permitted and approved. And the Dowdys needed every single inch of that five inches because-- MR. BROWN: Excuse me, Chairman. I have to object at this point. This -- CHAIRMAN HALAS: You'll have your time, sir. MR. BROWN: But this matter was not included in their appeal. They're not allowed to create new issues to now enter into their appeal. There was a 30-day window in which to make those arguments. MR. WEIGEL: Mr. Chairman, any person speaking needs to be recognized and to speak from the podium. You'll have an opportunity to respond certainly later on. CHAIRMAN HALAS: Okay. MR. WEIGEL: Thank you. MR. MULLER: Now, if you look at what they got, 7.8 feet, they were just past the 7.5 feet that they needed to be able to qualify for the administrative variance. So even on the materials they submitted Page 164 March 14, 2006 showing what they were going to build, they did more than that in actuality, and, in fact, they needed to do more than that to get to the 7.8 feet. The staff clarification, which is really the important issue on this item, is at tab 12. Before this staff clarification, staff had to grapple with whether to measure setbacks from the inside or the outside of a seawall or the inside or the outside of a seawall cap. Staff recognized, and it's set forth in the staff clarification, you could have a difference of over a foot between these two measurements since a seawall is usually six inches thick, and a seawall cap is at least a minimum of 1.3 feet. That's a big difference. So staff tried to clarify where you're supposed to measure from. And the clarification was that you can measure from the outside edge of the seawall, or the outside edge of the seawall cap. So you don't have to worry about measuring from the inside of the cap or the wall. You go to the outside of the cap or the wall. Attached as an exhibit and referenced in the clarification is a drawing. The drawing shows you what the cap looks like. The seawall cap is symmetrical on this drawing. It's the same sizes landward and seaward. It's intended to sit on top of the seawall and to act like a tie beam and to hold the whole thing together. It's structural. It's not misshapen, and it's certainly not cantilevered over the water, and it is not designed solely to create a setback, to tend the land out over the water. Because now when you're measuring from the outside edge of the seawall cap, well, gee, why don't we just increase the size of the seawall cap. Under the Dowdys' interpretation, you can increase the size of the seawall cap and overhang it by a foot, two feet, three feet, push the envelope, you could -- you could put it all the way out to 10 feet and measure setback from the cantilevered edge of the seawall. Page 165 March 14, 2006 And I saw this Commissioner Henning kind of indicate that it might fall in the water. I'm sure there's a structural engineer that can design it so that it stays up. Now, I'm not suggesting that's what the Dowdys did, but you're allowing somebody to stretch this staff clarification beyond all realm of possibility. Now we're going to allow them to create land with a seawall cap. That's not what this was intended to do, and that's exactly what the staff allowed the Dowdys to do. And if you look at the staff report, interestingly enough, at tab 4, they never once mentioned the fact that they're cantilevering the seawall cap. All they mention is that they're increasing the height. But the height made no difference. They had to get the cantilever to get it to over seven-and-a-half feet. If this is how it's going to be done, then you've created a terrible precedent. Everybody that wants to build a 10-pound house on a five-pound lot is going to do it, and you know that you will establish that precedent, and they will follow you right through that open door. In closing, I know that my client is going to be perceived as the big bad association who's trying to single out and punish an individual homeowner. It couldn't be farther from the truth, and we hope that's not how the commissioners perceive them. They're trying to preserve the quality of life in Vanderbilt Beach and -- because this has implications beyond Vanderbilt Beach in Collier County in general, and sometimes that means that they have to be the bad guy. What the Dowdys have done -- and I feel for them. I understand that they've gone through a bad experience with a builder who's known throughout the county of getting into these kinds of scrapes, I feel for them, but at the same time, they hired this builder. They're responsible for what their builder did. They have sued their builder. They have sued their architect. They have sued their surveyor back Page 166 March 14, 2006 in November of this year, and it's part of the materials that Mr. Brown provided to you. They're going to get some relief from the legal system. But this administrative variance should never have been granted. The association should never have been forced to file this appeal, but now that they are here and now that you've heard this appeal, we've given you three reasons why this decision should be reversed. And if you find anyone of them, it's sufficient to reverse, and we think you can find all three. Thank you. And if you have any questions, I will answer them. CHAIRMAN HALAS: Are there any questions? (N 0 response.) CHAIRMAN HALAS: I think we'll take a break for our court reporter. She's been on this for almost three hours, or two hours and 19 minutes. And then we'll come back and we'll hear the opposing side. MR. MULLER: I think we have -- CHAIRMAN HALAS: Well, I want to take a break at this point in time. MS. FILSON: But he indicated that he wanted to speak at the very, very end, Dr. Bing. CHAIRMAN HALAS: Okay. We'll take a break, and then we'll come back at 3 :30. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, you have a hot mike. MS. FILSON: The next speaker is Benjamin Brown. He will have 20 minutes. CHAIRMAN HALAS: I think there was one speaker for the opposing side before we -- Page 167 March 14, 2006 MS. FILSON: But he indicated he wanted to speak at the very end. CHAIRMAN HALAS: No, okay. Okay. All right. Please proceed, sir. MR. BROWN: Thank you, Chairman. Just briefly I wanted to address some of the arguments that the appellant's attorney made. In terms of the land development code, section 9.04.04A, and whether or not the county staff is obligated, you know, in a shall or may fashion and whether they shall grant a variance if, you know, certain criteria are met or whether they may grant a variance if such criteria are met really is irrelevant, and it is not a basis for attempting to have the administrative variance reversed. If the staff was granted, you know, discretion in granting the appeal and they elected to exercise that discretion, it's not an error in any way that they did exercise that discretion. Second of all, in terms of the necessary seawall repairs, I know that that's a big issue right now in terms of, you know, what were these seawall repairs and the seawall that was constructed. If you could, if you could open up the binder that I had submitted to you and turn to tab 16, please. There you will find a copy of the seawall permit that was submitted to Collier County along with the Shore Engineers' diagram showing what - what changes would be made to the seawall. The appellants made claim that, yes, you know, these weren't necessary changes, these weren't necessary repairs. But when the seawall permit was granted or when there was an application made, the county was on notice of exactly what the Dowdys had intended to do. I mean, this drawing, you know, clearly shows their intent to build up the seawall, you know, with a, quote-unquote, cantilever, as they call. It is in public records. Page 168 March 14,2006 I really want to make clear today though that we are not in any way defending the actions of the contractor or the surveyor. You know, we found out now only after the house was completely constructed that a number of different errors were made, and it's also been established at the last hearing that, in addition to the errors that the contractor and the surveyor made, that the county erred as well by, you know, failing to notice any of these encroachments during any of the numerous inspections that were made. In fact, the only time -- or only when the house was completely constructed did the Dowdys become informed that the house was in violation of any Collier County Land Development Code ordinances. That said, I did want to mention that this drawing that I've prepared clearly shows what the Dowdys had done before the seawall cap. This shows their property at the time of the last hearing in June of 2004. As you can see, there is a required setback of 20 feet, and at that time there was an encroachment of 14 feet. This was because section -- pursuant to section 2.6.2 of the land development code, if there's a difference -- more than a four-foot difference between the seawall and the seawall structure, then it's an obligatory 20- foot setback. And the reason that's done is because of erosion. When the houses are -- when houses are constructed with a substantial amount of fill under it, the back yard is more susceptible to more erosion if a higher seawall or a lower house is not in place. I also want to mention that in the Collier County staff commission planning report, which was completed on May 20, 2004, which was before the last hearing, it includes the suggestion that as a possible solution to the Dowdys' setback problem, that they could increase the height of their seawall. And this is included in your hearing materials that I've provided for you under tab 13. Page 169 March 14,2006 As you can see on page 8 of 10, before the dimensional variance hearing held in 2004 that the staffs recommendation even includes the suggestion or the possibility that the petitioner, the Dowdys, could increase the height of their seawall so that their pool deck is less than four feet away. This is a solution that had been used numerous times in the Vanderbilt Beach area and was perfectly legal. As you can see from that section, it also includes, and it kind of incorporates the suggestion of the Dowdys' former representative, Tim Hancock, in that the Dowdys never wanted to build a seawall. They never wanted it on their property. I mean, quite frankly, it's unattractive. You know, it's not aesthetically pleasing. But at that time, they believed that it would -- it even would have been more injurious to the neighborhood than the current existing setback. Notwithstanding -- that was why they went to the dimensional variance hearing back in 2004, just trying to wholesale, get the property -- get a variance for the property and not have to build this seawall. Having to conform the house would have cost, you know, literally hundreds of thousands of dollars potentially with removing the whole back part of their -- the back part of their pool deck, removing it via a barge in the canal, and a number of different other reparatory measures. Also, it was included in the transcript of the dimensional variance hearing. Tim Hancock, their representative, even mentioned at the dimensional variance hearing that, once again, that this seawall -- construction of this seawall cap was a potential solution to the problem. I hate to use the word solution, but it was a remedy. It was a legal remedy to fix this -- fix this problem. And you can see, this is included in tab number 14 in the binder I provided for you. I included pages 1 and then 90 and 91 of that transcript. And I can read from this just briefly. He said -- and he spoke at the hearing just as I am now. Page 170 March 14, 2006 There is a way to fix the height of the pool deck issue, and it's been used in Vanderbilt Beach time and time again. We don't like to use it -- we don't like it as a solution, but it is available, and that solution is to raise the seawall cap. We have photos of homes throughout Vanderbilt Beach that have done just that. When they go in to repair the seawall, they raise the cap. In this case, you can raise it two feet, backfill behind it. Now you're four feet above the seawall cap and you're done. So that height issue can be made to go away. In our opinion, the cure is worse than the disease. But if that's the only means available to us to address that issue, then that will be the course we'll have to take. And that's what they did. And I know that we can talk about, you know, that -- the spirit of the land development code, we can talk about the intent of the land development code, but the land development code does not in any way prohibit what the Dowdys did. And if it's not prohibited or illegal, then by virtue, it is legal. It's the same way as if you approach your accountant before tax time and your accountant said, hey, guess what? I've got this great idea. There is a perfectly legal way that I can save you $300,000 in taxes. And you say, what? It's perfectly legal? He says, yes, it's perfectly legal. You would do it. Anybody would do it. And that's exactly what the Dowdys - what the Dowdys did here. There was a perfectly legal solution to this discrepancy in the height or the -- in the setback. Another thing I really wanted to mention was that granting the appeal would, in fact, end up having been very wasteful for Collier County. Because the seawall was applied for, permitted and approved in a perfectly legal fashion, if the appellants actually got the relief that they wanted, the seawall would still remain. Their biggest grievance is with how unaesthetic the seawall is. But because it was Page 171 March 14,2006 built legally, the only relief they would be afforded is cutting off a slender 2.2 feet of the Dowdys' pool deck. The seawall that the Dowdys never wanted would remain in place. Granting the appeal and forcing the Dowdys to demolish part of their home would additionally cause a really unnecessary and undue hardship on them. It's been nearly four and a half years since the house was completed. And we believe that during this amount of time, nobody has, in fact, been harmed in any way by their seawall or by their property. Additionally, I'd like to say that the seawall as it stands today and the property as it is today is not how the Dowdys want it to be forever. Currently there's -- the back yard is empty. It's just dirt. They plan to, you know, tastefully landscape it and make it blend in with the surroundings, whether it's ficus, you know, or other tropical plants. They also plan to, you know, install a boat lift that perfectly complies with the land development code. I know there's a new section on that now about the coverings. I'd also like you to turn to tab 22 in your binders. I know it's incorrectly labeled on the first page. But if you could turn to tab 22, it identifies -- we have three letters, and these three letters are from the three homeowners that surround the Dowdys, the Dowdys' property at 316 Flamingo. The first one is from Jack Paul at 307 Heron Avenue. He lives directly across the canal from Mark and Shirley Dowdy. He is the one, if any, who would be most aggrieved by this variance, and he's not. He is the one who has to look at the seawall every day. All he wants is that the Dowdys can just finally go on their way and have this issue at rest. If you turn the page you can see, Janet and Kent Bobb, who live at 288 Flamingo -- I believe that's directly east of the Dowdys, that's adjacent property -- they also have absolutely no problem with the Page 1 72 March 14, 2006 Dowdys' house the way it is. All they want is that the Dowdys can finally just go on their way and live in this winter home of theirs. And once again, the neighbor directly west of them on the other side, Jacqueline, or Robin, Scheppner, also feels the same exact way, and you can read that letter. So all three of the people that surround the Dowdys' property have no problem with it the way it is. And at this time we respectfully request that you deny the appellant's motion and just permit the Dowdys' house to stand as it is. As I said, it has -- they began construction of the house in October of 2000. Construction ended in -- I think in November of 200 1. It has been almost four and a half years since the time when it was completed, and they just want some resolution to the matter. They already have a certificate of occupancy for the house, a certificate of completion for the pool electrical, and a certificate of completion for the pool screen, and they just want to -- please, if you can just deny the appeal and let them go on their way. And also I'd love to answer any questions that any of you had, you know, and dispel any information or any beliefs about this matter. I know I only have six and a half minutes, but I'd love to -- if anybody has any questions. CHAIRMAN HALAS: Anybody have any questions? Commissioner Henning? COMMISSIONER HENNING: It's Mr. Brown, correct? MR. BROWN: Yes. CHAIRMAN HALAS: Mr. Brown, does your client want to backfill behind the seawall at the level of the extended seawall after this is completed? MR. DOWDY: No, keep it at grade level. MR. BROWN: I believe so. I'm not sure exactly. Obviously, you know, at this point we'd do whatever is, you know, Page 173 March 14, 2006 most mitigating to the surroundings and try to, you know, conform the property as best -- as best it can. COMMISSIONER HENNING: Sure. I was just thinking -- I mean, we have an issue up in this area about stormwater drainage, and, you know, that might cause a problem with water going onto the neighboring property. But your client has answered my question, he has no desire to do that. MR. BROWN : Well, actually I believe that in the -- there's pictures of the seawall, I believe, included in appellant's diagram as well. There is drainage -- drainage tubes provided for in the seawall itself. So that if there is any backup of water, it is able to drain out into the canal. COMMISSIONER HENNING: Thank you. CHAIRMAN HALAS: Are there any other questions of commissioners? (No response.) CHAIRMAN HALAS: If not, at this time, we'll take public speakers, continue on with public speakers. MS. FILSON: The next speaker is Mark Dowdy. He'll receive three minutes. He'll be followed by Shirley Dowdy. MR. DOWDY: Commissioners, I'm Mark Dowdy. I live at 316 Flamingo. A couple of the things I want to bring up -- it's not what I prepared and wrote up, but when we came before the board the last time, we did mention that the solution to this problem may be raising the cap of the seawall. At that time you turned us over to code enforcement. Wernet with code enforcement. We met with Mr. Schmitt. We met with the department. In fact, there were about 15 people in that room, including a representative from the County's Attorney's Office. Page 174 March 14,2006 We made it very clear what we were attempting to do, and they said, go ahead and apply for it. We did that. We put this wall up. We didn't want to do it. We spoke to you people and said we didn't want to do it. Now it's up. t's sitting there. I still don't like it. To answer your question, yes, we're going to keep it at grade level. I have put some steps up over this wall onto my dock to get into a boat. I'm not thrilled with that either. I don't want to do any more steps. The point I really want to make though is we went through the procedures, went through code enforcement, came back numerous times, cost a lot of money to come back and forth to try to get this thing resolved. We did what we said we were going to do, and now here we are today with this appeal. We were elated when we got our CO. We were elated when we -- the variance was granted. We thought we were done with this thing after four and a half years. I'm paying the young attorney here a lot of money to be here because I don't know the law. And I may be, as the other counsel mentioned, excusable ignorance. We hired the contractor, who was also the architect. He hired a surveyor. I think everything was incorrect from the beginning, but I didn't know it. We were 1,300 miles away. And as it turns out now, we're the victims of this still. Four and a half years later, meeting with the code enforcement, meeting with the building department, getting a summary of this building department's notes on this and opinions on this. And I hope that they're going to speak to defend their actions as well. But we really feel that we are the victims. And the fix on this is to tear the back of the house off for $300,000 roughly, which is excessive, reconstruct or just leave it, put grass back there and forget Page 175 March 14,2006 it. But as Ben said, the wall will still stand. It's going to look ugly. There's so much re-wrought (phonetic) in that, it's not coming down. I'd just ask that the commissioners reconsider this, and I'd like to put this to rest ourselves and not go into any further litigation or any further time wasting your time because I know that you've got a busy schedule after sitting here all day and listening to what you have to deal with. You don't need to deal with us. Thank you. MS. FILSON: The next speaker is Shirley Dowdy. She'll be followed by your final speaker, Dr. Richard Bing. MS. DOWDY: Hi. My name is Shirley. I'm very nervous. I don't speak in public. But there's just a few things that I have to say. Everyone keeps saying this is not personal, but this is personal. The very first day we had our house and we went down there, we're having our furniture moved in, one of our neighbors, Frank Halas, came over to the house. I was so happy. We were so proud. Come in. Look at this beautiful home we built. We're just so happy. He came in. We showed him all around. He said, oh, we have parties in the neighborhood, welcome committees and stuff. He said, here's my phone number if you ever have any questions. Two weeks later, I call Frank Halas because I want to know about a landscaper, somebody to mow my lawn. And he said there is a problem with your house. And I said, what? He said, don't worry. It's not your problem. It's your builder's problem. I said, oh, please don't say that. That's my home. That was the start of our nightmare. It has never stopped. I've been -- I was down here with my 30-year-old daughter who died. I have -- he has lost his father, he has developed heart trouble. I cannot tell you the sleepless nights we've had over this. This is personal, you people, I am your neighbor. If you want to get even with somebody or somebody has to pay for this, why don't you go after the builders? Why are you going after your neighbor? Page 176 March 14,2006 And instead of us, why don't you go after the examiners who, on 13 occasions, approved our house? They said, it's fine, it's fine, it's fine. Then we come and we're moving in, and they say, it's wrong. And now -- and their attorney says we've hired and we're going to sue our builder. Yes, we are, but one thing he failed to tell you, none of our attorney fees are recoverable. We cannot get any of that money. That's coming right out of our pockets. That has nothing to do with what's going on here today. That's all out of our pocket. This is personal. And I want you all to know that. It is very personal. That's all I have to say. MS. FILSON: The final speaker is Dr. Richard Bing. CHAIRMAN HALAS: Thank you. DR. BING: Will our attorney have a chance to rebut after staff, or when do they get their -- his final rebuttal? CHAIRMAN HALAS: Whenever you'd like to take the opportunity . DR. BING: Well, after staff -- I assume staffs going to present after us, if that's all right with you, Mr. Chairman. CHAIRMAN HALAS: I don't believe staff had anything unless there was a clarification that you want to put on the record. Is there anything, staff, that you want to put on the record. If not, then -- MR. SCHMITT: Unless you have questions. MR. WEIGEL: The response from staff is, if you should have any questions, they're prepared to respond. CHAIRMAN HALAS: Okay. Go ahead, Mr. Bing. DR. BING: Good afternoon, Mr. Chairman, Commissioners. I am Richard Bing, 10951 Gulf Shore Drive, president of Vanderbilt Beach and Bay Association and chairman of the Vanderbilt Beach Zoning Committee. Page 1 77 March 14, 2006 I first have to leave my prepared remarks because the opposing attorney said that I said that I had spoken to you and knew how you were going to vote today apparently, and that is totally out of context. I wouldn't have been down here lobbying you yesterday, Commissioner Coyle, if I knew how you were going to vote obviously. That's absurd. I did say I had conversations with you about how you voted the last time this thing came up. That's all I relayed to Mr. Brown. Our attorney just advised that during the break, apparently Mr. Schmitt said that he had conversations with me prior to September 25 about what was going on here, and I did not. You could see by my emails and so forth that I was surprised. And I wasn't at the meeting, by the way, in Mr. Halas's office where this was first discovered. I was told by Bruce and others after that had occurred. Okay. Let me go back to my -- what I was going to say. Let's back off for a few minutes and just look at the big picture here. From the beginning, four or five years ago, we simply have a 10-pound house on a five-pound lot, or a seven-pound lot, whatever ratio you want to say. That's the problem. And this has resulted in an absurd and clearly avoidable course of events. After what was clearly denied by you almost two years ago, it appears that staff and the owners' agents have conspired to alter the site to fit the house rather than the logical reverse, as many other owners have done. During the course of the last hearing, you could not find a legal reason to grant the requested action. I remember the proceeding and you asking that, Commissioner Coyle. Today you have multiple clear legally defensible reasons to overrule staff. We respectfully request that our position be upheld, and thank you for your consideration. MR. SCHMITT: Mr. Chairman, can I put a few things on the Page 178 March 14, 2006 record? CHAIRMAN HALAS: Yes. MR. SCHMITT: Joe Schmitt, Community Development/Environmental Services Division Administrator. Just for the record, the folks in Vanderbilt Beach have known about this all summer long. There were emails.They.rein your packet. They were in your packet. I won't go through those, but even as early as 9 August when we notified the members of the Vanderbilt Beach and Bay Association that -- the intent of Mr. Dowdy. I did have conversations with Mr. Bing long distance, and we certainly can have those records pulled because they're county records. But be that as it may, there was no attempt by staff in any way, shape or form to hide the fact that Mr. Dowdy was, in fact, pursuing the course of action that they were. And, in fact, when the actual appeal was approved -- and just for the record, even though the document says 24 or 25 August, it was actually not approved by staff or by -- through the county attorney and signed finally -- and it's notarized as of 6 September. Also, just for the record in case this will be appealed, and I know it will be, the issue in regards to the 30-day notice, the -- where I stated that there was no appeal process. There is no appeal process for an administrative appeal as defined in the LDC, but it's clearly defined, working with Dr. Bing and Patrick White and myself, and we informed Dr. Bing that he could appeal under the codes of laws and ordinances and under the appropriate section, which was appealed, and then I made a ruling, working with the County Attorney's Office. And there's a record where we notified at that time an agent working for the Dowdys, Mr. Hancock, that Mr. Hancock informed us that he lost the first notice, and we sent out a second notice dated Page 1 79 March 14, 2006 September 22nd, and the ruling was that the 30-day time frame actually started September 22nd. So I just wanted to make sure that was on the record because -- in case it's appealed. Certainly it was not staffs intent in any way, shape or form to try and work around the Vanderbilt Beach and Bay Association, and, in fact, I had numerous conversations on the appeal process and what the Dowdys, in fact, were doing. There's numerous emails that were provided by both attorneys, and you can go back and see emails as early as mid-August on exactly what the intent was, and I just wanted to make sure that's on the record. CHAIRMAN HALAS: Just -- I got one question before I have Mr. Henning-- MR. SCHMITT: Yes. CHAIRMAN HALAS: -- Commissioner Henning. So what is the legal document then, September 22nd, since the first one was misplaced or lost? MR. SCHMITT: We were notified by -- I have --let me just slip these -- I'm going to put them on the visualizer. This is the -- dated August 25th, as you see right here. It was actually notarized and signed by -- notarized and actual date of this __ I'm sorry. Let me go to the first one. 6 September was the notarized date, and that was the date of signature. We got word that the Dowdys and their agent, Mr. Hancock, never received that notification. We re-sent another notification out, and that was notarized and dated September 22nd. And it was based on that ruling of the second notification that we made a ruling that that was the official notification, which was basically the start of the 30-day time clock. That may be argued, but, in fact, that was my decision, and that was a decision coordinated through, at that time, the assistant county attorney, Patrick White, to allow for the Vanderbilt Beach and Bay to appeal. We certainly were Page 180 March 14, 2006 not, in any way, shape or form, attempting to deny an opportunity to appeal these decisions. CHAIRMAN HALAS: Okay. Commissioner Henning? COMMISSIONER HENNING: I have a question for David Weigel. In ordinance number 85-2, it goes into the whereas and whatforths, and then there's a signature by then Commissioner Voss, but then there's a detailed specification of seawalls and ordinances. Is that how they were written back then? Because the ordinances that I see, the last page is the signature of the chair. MR. WEIGEL: Commissioner, if I understand your question, and I'm looking at the agenda package which __ COMMISSIONER HENNING: Start with page 34. MR. WEIGEL: Right, and I'm on 34 and 35 right now. COMMISSIONER HENNING: Right. MR. WEIGEL: Okay. COMMISSIONER HENNING: Or is this a different document that came out like the old unified land development code? MR. WEIGEL: Well, starting on page 35, and the pages that follow thereafter, which are recorded in the public records of Collier County in the sequence following page 34, which is the signature page of the ordinance, I note two things; one, that the ordinance signature page is dated -- it is dated January 8th and so is the -- so are the succeeding pages, starting at 35 and thereafter. It appears that that may, in fact, be part of the ordinance as an exhibit -- an exhibit to the ordinance -- COMMISSIONER HENNING: Okay. MR. WEIGEL: -- potentially. COMMISSIONER HENNING: I see. MR. WEIGEL: Okay? COMMISSIONER HENNING: Thank you. Page 181 March 14, 2006 CHAIRMAN HALAS: County Attorney, could you give me some guidance in regards to 9.04.04, the specific requirements for a minor after - the- fact encroachment? MR. WEIGEL: Yes. CHAIRMAN HALAS: Is this considered a dwelling or is this considered a structure? MR. WEIGEL: Okay. Well, 9.04.04 of the land development code, that section appears on page 44 of 81 of the agenda book, and it also appears in some of the tabs that have been submitted by the -- by a submittal of the appellant and possibly for the property owners as well. But if you want to look at the agenda book, it's on page 44. And I'm going to ask Mr. Klatzkow to come up and place 9.04.04, including paragraph A, the paragraph in question, on the visualizer, so you've got your option, and the public both here and in video land can see the land development code section in question. As you can see, there is a title in bold and an initial paragraph preceding paragraph A. And you'll note in the second sentence of the introductory paragraph above A, the second sentence says, for purposes of this subsection, meaning 9.04.04, minor yard encroachments shall be divided into three classifications. And you'll see that -- you'll see that these classifications appear as A thereafter, and then there are some succeeding ones as well which are not at issue with us today. Here's what I note and I opine, and that is, I do see language in two occasions in paragraph A, both at the end of the second line and in the next to the last line, where it talks about the county manager or designee may. Typically under rules of statutory construction, which have been ruled upon time and time again in case law, the word may is a discretionary term, whereas, the word shall is considered a mandatory term. And so I would opine that that is a discretionary term. And I Page 182 March 14, 2006 recognize that that was one of the arguments made by the appellant to you today. Now, the decision having been made, whether it's considered by staff as discretionary or mandatory - and apparently they believe that it was mandatory. And apparently they were working with a former assistant county attorney no longer with us, and he certainty didn't disabuse of that thought. Be that as it may, as county attorney, I'll tell you that the opinion of the County Attorney Office is that may is discretionary and that, therefore, having a decision having been made to grant the variance takes away the issue of the fact that it's discretionary or non- discretionary in the context that a decision has been made, and you are then forced to look at the correctness of the decision. The county manager or his designee, I would say, incorrectly thought that they had to provide an approval of the variance request, but they just missed on the opportunity of the fact that they didn't have to, but they ultimately made that request. Now, to answer your question, Mr. Halas, in regard to other aspects of 9.04.04A, it talks in terms of a dwelling, but it also talks in terms of a structure. I would submit that the board in its wisdom in creating 9.04.04A certainly intended to provide some discretion to the county manager or his designee relating to structures and dwellings that may be violative of a code standard. But note what I said, structures and dwellings. I read the first part of A to be referring to structures. These are structures for which a building permit has been issued but for which a certificate of occupancy has not been granted. And then further down, it says, specifically referring to, for single-family, comma, mobile/modular homes, comma, duplex and Page 183 March 14, 2006 two- family dwelling units only, and I emphasize only, it indicates that, in fact, there is this discretionary ability of the county manager or his designee to approve a variance with a -- up to 25 percent deviation from the standard that's at issue. I would submit, my opinion is, that we then look at these premises to determine, what is this for which an after-the-fact variance was approved -- requested and approved, and where does it fall under 9.04.04A? Is it a structure or is it a residence? I believe, and I would ask that Mr. Schmitt or someone from staff confirm, that, in fact, a certificate of occupancy has issued for the residence. In fact, a building permit and a certificate of occupancy are separate and apart for the residence than for the pool cage, deck and pool, and that the administrative variance that was approved, depending on the date of notice, but was approved at end of August by the staff, was not for the residence but was for, in fact, the pool deck, pool and pool enclosure as a structure. If that is the case, then I believe you apply the standard relating to structure and not a dwelling, which is six inches or 5 percent. If you come to that conclusion based upon the facts and application of the law as I've told you, then the variance that has been approved was inappropriately approved and you may find reasoning to uphold the appeal and remove the variance. I would ask that staff on the record indicate whether, in fact, there was a separate building permit for the residence and for the pool enclosure and confirm for the record that, in fact, a certificate of occupancy issued for the residence, I believe, in fact, under a separate administrative variance request, separate and apart from the one before you today, and if that is the case, then you have the ability, if you accept my opinion or interpretation of this law, to rule upon the facts of the pool and pool cage relative to the standard that's for a structure rather than a residence, so -- Page 184 March 14, 2006 CHAIRMAN HALAS: Could we have some clarification from staff? MR. BROWN: Chairman? CHAIRMAN HALAS: We're listening to staff. MR. SCHMITT: Again, for the record, Joe Schmitt, Administrator of Community Development/Environmental Services Division. Actually there's three separate building permits, one for the pool, one for the pool cage or the pool enclosure, and one for the principal structure. Conferring with my building director, Mr. Hammond - and Bill, do you have the records, because we're trying to -- I'm trying to determine -- this is the first we've asked this, so I'm trying to determine which one had the TCO. I thought it was the house itself, Bill. MR. HAMMOND: Commissioners, for the record, Bill Hammond, Director of the Building Review and Permitting Department. I actually -- actually I thought the -- there was a TCO for the screen cage, which was issued while there was -- the variance process was going on, and I think there also may have been a TCO for the home. I don't have that specific information unfortunately in these files I brought. CHAIRMAN HALAS: Could you clarify what a TCO is? MR. HAMMOND: I'm sorry. TCO is temporary certificate of occupancy, sir. It's a conditionalized document for occupancy or a level of occupancy for something that's been issued under permit. And I'm going to look for that information in CD Plus. Right now I'm trying to find that specifically. I apologize for not having that for you at this moment. MR. SCHMITT: Just for clarification for the record. As was stated, there was a temporary certificate of occupancy on this house since actually -- which -- well, I'd have to go back to the dates since Page 185 March 14, 2006 they closed on the house to allow for them -- for the Dowdys to actually close and live in the house, and that TCO was predicated on abating or, through some manner or form, the variances or the encroachments that existed, and that at that time was only to -- for the setback of the pool, actually because of the pool cage. It was the requirement for the 20- foot setback rather than the 10- foot setback. So there was a TCO. I have to go back and look at the records. We can take a couple of minutes when we look at the records to see which permit that was actually on. It was a structure. They're three separate -- again, three separate permits. We'd have to see which one was actually on -- had the TCO. CHAIRMAN HALAS: I believe when we went through this scenario the last time, that Mr. Hancock was very emphatic that the steps would also be taken care of, and I think they're still there; is that correct or -- MR. SCHMITT: Yes. Now we're under a -- just for clarification, we're under a different issue here. These are the two side yard steps, both steps still encroach into the side yard setback. For the record, we do have in a request for an administrative variance for the steps as well. We have not acted on that. We've been holding that until the results of this case. And that variance was actually asked and requested during the original hearing, which was denied as well. And in fact, if you recall, I believe Mr. Hancock put on the record that they were going to remove the encroachment, which is yet to have been done, and there's an open code case on the stairs, so that is still pending. CHAIRMAN HALAS: Okay. Is there any discussion by commissioners here? MR. WEIGEL: Mr. Chairman, I have some additional comment, if I might. CHAIRMAN HALAS: Okay. Page 186 March 14,2006 MR. WEIGEL: Thank you. And again, it's in regard to 9.04.04A. The reason -- part of the reasoning that I opine as I do is looking at the plain language of that paragraph. But additionally, the practical effect of the leeway granted to staff through an administrative variance here, I think, is illustrated by virtue of the fact that they -- that the board has given staff additional leeway relative to a residence in the sense that the potential for a remediation, a teardown, a partial teardown of a residence, is a dynamic and problematic, expensive thing typically. And you'll note that the staff is given far more leeway there from an administrative standpoint than they are in regard to structures generally. I believe the distinction is based upon the fact that structures generally typically don't have the impact where there's an adverse determination of its location, of its continued existence, and, therefore, the staff is given a limited authority there, because if it has more of a problem and it's not related to a dwelling, this board wants to hear about it and make the decision itself, and you heard about it once before. CHAIRMAN HALAS: Okay. MR. SCHMITT: Mr. Chairman, could I add something to the record? Just-- CHAIRMAN HALAS: Before I close the public hearing, yes, please. MR. SCHMITT: Two issues. One is, of course, I just want to make sure, for the record, there were numerous emails and others indicating my opinion. This authority certainly is -- well, it's -- for the record, it's empowered in the Zoning Director, in Ms. Susan Murray. Susan Murray works for me. If you have any questions specifically how she interpreted application, I would encourage you to ask her if there's any specifics on how she made and came to the decision that was made. Page 187 March 14, 2006 Second, just for clarification, staff, at least as long as I've been here -- and you may want to ask Ms. Murray -- we never separated the -- at least any of these -- basically what Susan or -- we basically -- from the principal structure, any of the amenities. They've always -- it's all been included in one application of this section of the code. So there's certainly precedence in how this was interpreted. And certainly if you make a decision today, we will take that and apply it from hence forward. CHAIRMAN HALAS: Well, obviously we had the county attorney opine in regards to exactly -- MR. SCHMITT: Yep. CHAIRMAN HALAS: -- how the interpretation of this code should be interpreted. MR. SCHMITT: But it -- just for -- for the record, again, accessory structure, we've also included that as the entire application of this rule. And based on your decision, we will -- we will move forward based on how you want to apply it in the future. CHAIRMAN HALAS: Okay. Thank you. We'll close the public hearing. And Commissioner Coyle? COMMISSIONER COYLE: Yeah. I have some more questions for Mr. Schmitt. Mr. Schmitt, you spent some time discussing dates. MR. SCHMITT: Yes. COMMISSIONER COYLE: Is it your contention that the appeal was not filed in a timely fashion? MR. SCHMITT: No, it's not. And I would -- I can pull email records. But the indication, at least from my interpretation -- and there's email traffic to me and Mr. Hancock -- it's on the record -- where he never received the first notification. Page 188 March 14,2006 And upon sending the second notification, which was that date where the notary actually authorized or validated that it was signed on the 22nd of September, it was opined that that was the start of the 30-day clock. And that decision was made at that time that, in fact, that was the 30-day window. I believe -- I don't have my notes in front of me, but I believe it was issued the 13th of September, or the 14th of September, when we actually received the notification, October, of the intent to appeal. That was -- the appeal was actually filed -- the filing of the appeal and the payment and the check is actually the trigger. It certainly could be argued that they intended to do that prior to. And, yes, I've discussed that all the way through the month of August with different representatives of the Vanderbilt Beach and Bay or the zoning, or whomever was involved. So to answer your question, Commissioner Coyle, I do not think that we were in violation of the 30-day window. We accepted the appeal and we moved forward with the appeal. COMMISSIONER COYLE: Now, if you go back to the previous page that you had displayed, you understand the difference between may and shall? MR. SCHMITT: Yes. COMMISSIONER COYLE: There was a statement at some point in time in the documents that we've been given that said that you felt that you had no other choice? MR. SCHMITT: It was our thought at that time we had no other choice. The rules -- the difficult issue there, Commissioner, is may implies some kind of a discretionary decision factor on the part of staff. And there are really no rules defined other than what's in __ written in that statement how to apply something specific in regards to how you would make that decision, under what criteria do we apply may, and if I want to ask Ms. Murray, she can expand on that. Page 189 _.~-~~ .... ........~ "....".-..." .,. March 14,2006 COMMISSIONER COYLE: In view of the fact that the planning commission denied the request for variance by, I think, a unanimous vote and that the Board of County Commissioners denied the request by a vote of 3-2 -- MR. SCHMITT: Yes. COMMISSIONER COYLE: -- when it comes time for you to make an administrative decision, do you not feel that that is a good indication of where the county commissioners would like to go? MR. SCHMITT: Absolutely, but there's time and time again where conditions change which then open up the entire chapter again. And in this case, the loophole -- and we admitted even in the staff report for the administrative variance, that this certainly was a loophole that we expected they would try and -- would pursue in regards to trying to get the administrative variance. COMMISSIONER COYLE: Well, let me read something from staff recommendations. In the case of the pool and screen enclosure, the petitioner may increase the height of the seawall so that the pool deck is less than four feet higher than the seawall. This would result in a required rear yard of 10 feet instead of 20 feet. The petitioner's rendering indicates the pool itself is 10 feet from the seawall; therefore, only the screen enclosure would encroach. The screen enclosure could then be moved or a variance of the four- foot encroachment could be sought. Now, was that true or not? MR. SCHMITT: Okay. You're-- COMMISSIONER COYLE: Is it still true? MR. SCHMITT: -- reading from the-- COMMISSIONER COYLE: Staffs -- your recommendations. MR. SCHMITT: The planning commission. COMMISSIONER COYLE: Yes, your recommendations to the planning commission. Page 190 March 14,2006 MR. SCHMITT: And I want to get my book, if I can. COMMISSIONER COYLE: Okay, sure. MS. MURRAY: Commissioner, Susan Murray for the record. Are you reading from the original application -- or the original staff report for the original variance? That sounds -- COMMISSIONER COYLE: Uh-- MS. MURRAY: In 2004? COMMISSIONER COYLE: I'm reading from an attachment that appears in tab 13 from -- MS. MURRAY: We didn't get that. Was that from Ben Brown? Yeah, unfortunately we didn't get that, so we're relying on the COMMISSIONER COYLE: Well, it is the staffs recommendation, okay? So what do you want me to do, you want me to bring this down there and you can display it? MR. SCHMITT: I have it, Commissioner. COMMISSIONER COYLE: Okay. You concluded from the petitioner's rendering that there was only a 10- foot setback from the seawall required. And, in fact, the pool itself was already 10 feet from the seawall. MR. SCHMITT: Basically what this is concluding, that even if the pool -- the way I -- what I've heard you say and I'm reading here, that even if the cap is put on, the seawall would no longer encroach but the pool screen would. And I believe that determination is actually incorrect in this report. COMMISSIONER COYLE: So you were under the wrong impression whenever you wrote this report; is that correct? MS. MURRAY: That was actually -- that was written by Fred Reischl, and that was based on the circumstances that he observed at that time. COMMISSIONER COYLE: And those circumstances were Page 191 March 14, 2006 incorrect? MR. SCHMITT: The application of the rule is basically 10 feet for every four foot of elevation. If you exceed the four feet, you have to go to 20 feet. COMMISSIONER COYLE: I understand that part. But was, in fact, the pool -- or is, in fact, the pool 10 feet from the seawall? MR. SCHMITT: The -- well, it is not 10 feet even today. It was applied, the administrative variance. COMMISSIONER COYLE: But it said here that it was 10 feet from the seawall. MS. MURRAY: He may have been measuring from the pool lip -- the lip of the pool itself where, in the case where you do not have a pool screen enclosure, the setback is actually measured from the lip of the pool. So where you have a screen enclosure, the structure then becomes the outside edge of the screen enclosure. COMMISSIONER COYLE: So if you took away the screen enclosure? MS. MURRAY: You would measure to the lip of the pool, and I believe that's probably what he is referencing. COMMISSIONER COYLE: Okay. All right. Now, we've talked here only about increasing the height of the seawall. That's all that you had recommended is increasing the height of the seawall, right? MR. SCHMITT: Well, it really was not a recommendation. I mean, we -- COMMISSIONER COYLE: Well, okay. It was an observation. MR. SCHMITT: -- pointed out that it was a cure. COMMISSIONER COYLE: You said one way it could be solved is to do that, right? MR. SCHMITT: Right. COMMISSIONER COYLE: You did not suggest at any point in Page 192 March 14, 2006 time there that the configuration or shape of the cap on the seawall be changed? MR. SCHMITT: None. COMMISSIONER COYLE: According to the original seawall design drawings here, the original cap did not have an extension of 12 inches hanging over the water; is that correct? MS. MURRAY: Correct. In the staff clarification you're referring to? Yeah. That -- Commissioner, one of the things I think that we agreed with was -- I think it was Attorney Muller put on the record -- was staff did not contemplate anybody extending that seawall cap when they drafted that policy for measurement. COMMISSIONER COYLE: What I'm trying to point out here is -- and let me say this right up front. I think that what the Dowdys have been put through is absolutely intolerable. It's not your fault. It's the developer's fault. I hope you understand we don't treat all of our new residents that way, and I'm very, very sorry that these things have happened to you. But we've got a law, and if we're going to uphold it, we have to -- have to do it right. And -- but what I'm getting at is essentially this: There was a cap on that seawall that didn't overlap. MR. SCHMITT: The original cap? COMMISSIONER COYLE: The original cap. MR. SCHMITT: Yeah. COMMISSIONER COYLE: So if your only objective was to increase the height of the seawall, why would you build a cap that extended 12 inches out the opposite side? MR. SCHMITT: It was very clear to us that we knew exactly what they were doing, trying to increase the measurement. We told them they could not encroach beyond the property line. The property line goes into the -- beyond the seawall. Page 193 March 14, 2006 COMMISSIONER COYLE: So knowing that, you felt you had no option but to approve it? MS. MURRAY: Commissioner, there's nothing in the code that prohibits the elevation of a seawall. There's nothing in the code that talks about the specifics of the design of a seawall cap in terms of allowable measurements. It talks about minimums for engineering specifications in the code of laws and ordinances. But as far as aesthetics, there's nothing in the codes that says a seawall has to look like A, B, and C. COMMISSIONER COYLE: There is a different perception you can attach to that. If it's not in the code, I don't approve it, rather than saying, because it's in the -- it's not in the code, I have to approve it. You see, that's where I'm going with this. MS. MURRAY: I understand. One thing I want to put on the record, which kind of bothered me, about what Dr. Bing said was, the reason the information was put into the staff report for the 2004 variance was to put not only you but the community on record that the staff felt that there was a loophole in the code and that the petitioner made it clear on the record that they were going to jump through that loophole in order to not have to demolish their pool. CHAIRMAN HALAS: Can I ask a question at this time to the county attorney? Anytime that we have administrative variance, it's not intended to be utilized as a loophole in the code; is that correct? And I further -- and it's further no intent -- intended to be used to circumvent a prior decision by the board of - zoning board of appeals? MR. WEIGEL: Well, the answer is no, that nothing -- I am aware of no record in any legislative creation of this board that its intent in the creation is to create a loophole, so the answer is no to your first question. Your second question, sir? CHAIRMAN HALAS: Well, that was the whole question. In Page 194 March 14,2006 other words, when we deny an administrative variance and then someone goes forward to try to utilize it as a loophole in the code, it is further not intended to be used to circumvent a prior decision by the Board of Zoning and Appeals; is that correct? MR. WEIGEL: Okay. Yeah, I appreciate what you're saying. The board denied a variance, not an administrative variance, but a variance request. And what Mr. Schmitt has indicate was, that they did come back with like a different wrinkle in the sense that coming to the staff with the idea of the seawall - extended seawall vertically, extension to it, that that was something that was not before the board in the formal variance request previously. So they had something new to look at there. The point I'm making is the fact that I don't think we're really working with a 25 percent deviation from 10 feet here. CHAIRMAN HALAS: Right. MR. WEIGEL: I think we're working from a structure issue where the latitude of the staff is significantly less. And so from that standpoint, you know, I've spoken on that. CHAIRMAN HALAS: Okay. Any other further questions? (No response.) CHAIRMAN HALAS: Is there a motion for -- one way or the other? MR. BROWN: Chairman, may I -- I still have six minutes left -- just use one of those minutes to speak? Is that -- CHAIRMAN HALAS: Well, we've got the public hearing closed, sir. We've already closed that, other than the fact that -- if one of the commissioners has a particular question that would pertain to you directly. Y '? es, SIr. COMMISSIONER COLETTA: One more time. Page 195 March 14, 2006 MR. SCHMITT: Can I -- I just want to add for the record. You asked about the temporary certificate of occupancy that was issued. It was actually issued on 11/9/2001. It was predicated and based on the TCO for the home. The pool cage was -- the home permit was the parent permit for the structure, which was - is being defined as the pool enclosure. So the actual legal TCO is on the principal residence. COMMISSIONER COLETTA: Yes. One more time, explain to me exactly what the difference between the principal residence is and the structure. MR. SCHMITT: I'm going to turn to my zoning director because COMMISSIONER COLETTA: And how this became the controversy. MS. MURRAY: I didn't hear your question, I'm sorry. COMMISSIONER COLETTA: Explain why the controversy is over -- between the structure and the principal residence. MS. MURRAY: Well, I think, if I understand the county attorney's position correctly, is that he believes, if you look at 9.04.04 A, that the word structures refers to the accessory structure, in this case that being the pool enclosure and the pool, and that there are different regulations for the pool enclosure and the pool, that being the yard encroachments may go up to 5 percent of the required not to exceed -- of the required yard not to exceed a maximum of six inches, and then he believes that the second part of that sentence says that the rules for single-family mobile/modular homes, duplexes, and two- family dwelling units then may avail themselves of the encroachments up to 25 percent of the required yard. COMMISSIONER COLETTA: So we're back to the fact that it's a residence? Page 196 March 14, 2006 MS. MURRAY: In this case the encroachment is from the pool cage and pool deck. CHAIRMAN HALAS: And that's a separate structure. MS. MURRAY: Which is -- which he believes is only allowed to encroach 5 percent of the required yard, which is up to six inches. We have not been applying the rule that way. MR. WEIGEL: And Mr. Chairman and Commissioners, if I may, my response is merely, why do we have all that language in there if we were talking about only residences? We seem to have a distinction that's based upon structures that may be other than residences. And I inquired, and it seems the record reflects that there has been a separate treatment for the residence and the pool cage in regard to the building permits, temporary COs or the lack of a real CO, and the fact that an administrative variance was applied for the house and approved separately from this pool cage. So I see distinctions, and I bring those distinctions, as well as the distinctions of paragraph A to your attention. That's all. CHAIRMAN HALAS: Any further discussion? (N 0 response.) CHAIRMAN HALAS: Do I hear a motion? COMMISSIONER COLETTA: I'll make a motion that the Board of Zoning Appeals upholds the conclusion of staff in that the approved administrative variance for the screen enclosure was legally issued within the criteria as defined by the LDC. CHAIRMAN HALAS: Do I hear a second? (N 0 response.) CHAIRMAN HALAS: Motion fails for a second. Do I hear any other motions? I make a motion that we deny the appeal that was given by staff. COMMISSIONER FIALA: I second the motion. Page 197 March 14, 2006 MR. WEIGEL: Okay. For the record the motion would seem to indicate denying the administrative variance -- CHAIRMAN HALAS: Deny the administrative variance __ MR. WEIGEL: -- given by staff. CHAIRMAN HALAS: -- that was given by staff. MR. WEIGEL: Okay. Now, there have been criteria issued. I would suggest that you may wish to respond and provide those criteria. There was a one, two and three by Mr. Muller, additional information or opinion that I've given in regard to the ordinance. COMMISSIONER HENNING: Can I deal with that? Well, go ahead. CHAIRMAN HALAS: The reasons for denial is, number one, placing a cap on the seawall was an action on the part of the applicant. According to -- by definition, they are not entitled to an administrative variance. Number two, an administrative variance is not intended to be utilized as a loophole in the code and is further not intended to be used to circumvent a prior decision of the Board of Zoning Appeals. Number three, by being initially denied for a permit, the Dowdys were put on actual notice that this project did not comply with the code. One cannot create a hardship and then claim undue hardship in seeking a variance. That's on the record. Are we covered? MR. WEIGEL: Well, you've covered a lot. Additionally, though, do you wish to either include in this -- in this motion a -- the answer to the question of whether this is -- variance was inappropriately granted because it's a structure and not the residence, and, therefore, and inappropriate standard was applied or not? CHAIRMAN HALAS: Yes, I understand what you're getting to. This is considered a structure and not a residence and, therefore, the reason of denial is the fact that it exceeds the maximum of six inches Page 198 March 14, 2006 as a structure, that the variance was given, but it exceeded six inches as far as the structure. Does that -- does that clear it -- the air? MR. WEIGEL: I think that's clear, yes, sir. Thank you. CHAIRMAN HALAS: Okay. Commissioner Henning? COMMISSIONER HENNING: Commissioner, if I can just assist in finding of fact by the Board of Zoning Appeals. During the response by the planning director, number 6 of page 4 of 81, the extension -- the argument was, the extension of the elevation of the seawall cap violated the land development code regulations, seawall, it covered in the method of the seawall construction. The response was, referring to section -- or ordinance number 85-2, exhibit C, law of ordinances, set forth, you know, basically that there's -- there's no maximum. There's no minimum, there's no maximum for the seawall. The finding of fact -- and so this doesn't come up again. In the ordinance, in all the documents, including Quarles and Brady's, and Mr. -- Attorney Brown's and the Board of Commissioners' packet, ordinance -- let me find it here. The ordinance states, the intent of the ordinance, it says, whereas, properly designed and constructed seawall and revetments, whatever that is, serves as -- protect waterfront upland property improvements located therein against wave attack to serve the stabilization and position of the shoreline. That's the intent of the ordinance is to protect upland properties. As you stated, Commissioners, it is not there for a -- the intent for a variance. Also, finding of fact, in Mr. Brown's attachment 16, it appears what was submitted was actually a cap. If I look on the left-hand side or the landward side, I do see an extension of cap similar to the one to the seaward side, but -- and, in fact, in the pictures provided by Mr. Brown, it is a protrusion seaward. Page 199 March 14,2006 CHAIRMAN HALAS: Correct. COMMISSIONER HENNING: And if you take a look at the pictures, the neighboring properties, the seawall is there to protect property. It's not there to circumvent -- CHAIRMAN HALAS: The code. COMMISSIONER HENNING: -- the board's land development code. And there are other -- other examples in all these documents of what a cap is. And I agree, a cap goes on both sides. It doesn't go on one side. CHAIRMAN HALAS: In proportion of the same direction. COMMISSIONER HENNING: But I hope after that vote is taken, whatever the board decides, I think we need to have further discussion and guidance on this particular issue, Commissioner. CHAIRMAN HALAS: Okay, thank you. Is there any other further discussion? (No response.) CHAIRMAN HALAS: Okay. Motion was made, and there was a second. I made the motion. I believe Commissioner Henning made -- seconded -- COMMISSIONER FIALA: It was me. CHAIRMAN HALAS: You seconded, okay. Commissioner Fiala seconded. If there's no further discussion, we'll call the question. All those in favor of the denial of the motion as stated, signify by saYIng aye. COMMISSIONER COYLE: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: All those opposed, by like sign? Page 200 March 14, 2006 COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Okay. It passes, 4-1. MR. SCHMITT: Mr. Chairman, can I put something on the record? CHAIRMAN HALAS: Sure. MR. SCHMITT: Based on the record, based on this vote, I will have to revoke -- I have no option but to revoke the CO, because the CO was predicated on the awarding of the variance, and now that the variance is denied, we will revoke the CO and reinstate the TCO until we have further -- until either the applicant mitigates or -- the encroachments or we have some other method of resolving this issue. MR. DOWDY: Wait a minute. I have a question. Does that mean that I can't live in the house? CHAIRMAN HALAS: No. You got a temporary CO. MR. SCHMITT: You have a temporary CO. You could stay in the house. But I have no option but to revoke the CO. The CO was predicated -- COMMISSIONER HENNING: I think this board of commISSIoners MR. SCHMITT: Unless this board decides to rule differently. COMMISSIONER HENNING: And that's what I want this board to do in this particular case. CHAIRMAN HALAS: Yes, sir. County Attorney? MR. WEIGEL: Well, you know, as I indicated, the house has received a separate CO. The house is all right. This is a structure, and it's been recognized as a separate structure and, therefore, this accessory structure mayor may not be apparently attached to the house, is in -- is in position for remediation in one form or another. The house is livable. A certificate is issued. It is not subject to further appeal before this board regarding the house. Page 201 n..___._ .. March 14, 2006 CHAIRMAN HALAS: Commissioner Coyle? COMMISSIONER COYLE: That's exactly my point. We just went through a -- we just talked about 9.04.04 subparagraph A, which says this is a structure. It's not part of the building. It's not the building, it's not a house. We're talking about the structure. That has nothing to do with withdrawing the certificate of occupancy. MR. DOWDY: It's a concrete slab from the front of the house to the back of the house. COMMISSIONER COYLE: Okay. MR. DOWDY: And that isn't attached? MR. SCHMITT: If I could have a vote on that, because of clarification. The issue -- go ahead, Bill. The TCO was issued based upon the entire structure. And if that's the direction of the board, we will -- we will follow the board's direction on this. COMMISSIONER COYLE: What the board said to you was that you made a mistake -- MR. SCHMITT: Yes. COMMISSIONER COYLE: -- and this screen enclosure is not a house. MR. SCHMITT: Got it. COMMISSIONER COYLE: It is a structure. So whatever we do with respect to the screen enclosure does not deprive the owner from occupying the house. MR. SCHMITT: There is no intent to deprive the owner from occupying the house. COMMISSIONER COYLE: Okay. Is that right? CHAIRMAN HALAS: Commissioner Henning? COMMISSIONER HENNING: Right. And the second thing is, Page 202 March 14,2006 the Dowdys have gone through this, like you said, for many a years because of the finding of the Board of Zoning Appeals. There has to be some kind of correction on the property. Now, personally, I want to see if the Board of Commissioners has some leeway to give some latitude on any code enforcement action or anything else because of -- the Dowdys have gone through, I would imagine, a lot of legal expenses and they're not over yet. So I want to know if the board has any latitude to put off any code enforcement action in abeyance for a period of time by somebody. CHAIRMAN HALAS: Well, I believe that there's -- as far as the code enforcement, I don't believe they'll be written up at this point in time. What needs to be done is they need to be -- to go after the builder, and I assume from the discussion earlier on, that that's the intent. And I believe that the builder is responsible for getting this piece of property back in restitution. I think that's what you were referring to. COMMISSIONER HENNING: Well, I just -- again, the Dowdys have gone through this several years, and a lot of money, so I would like an answer, what -- how this is going to affect the Dowdys. CHAIRMAN HALAS: Can staff give us some direction on that? MR. SCHMITT: Well, I apologize. We were just discussing. We had 47 other cases out there. This was all -- of course, you know this has been going on for several years. You have another case coming before you next week. And based on the decision today, we're going to have to figure out how we apply these to -- there's only a few left, certainly, from hence forward. And so I didn't catch your question. COMMISSIONER HENNING: Okay. This particular action by the Board of Zoning Appeals -- Page 203 March 14, 2006 MR. SCHMITT: Yep. COMMISSIONER HENNING: -- I want to know what the ramifications to the Dowdys are. Actually, now they're not in compliance, so -- MR. SCHMITT: They have -- you've just ruled that the cap is not in compliance. COMMISSIONER HENNING: The Board of Zoning appeals did. MR. SCHMITT: The Board of Zoning Appeals. That means they have two options, they remove the cap and remove the pool so they're within the 1 Q-foot setback -- COMMISSIONER HENNING: I know that. MR. SCHMITT: And if they take the screen enclosure down, there has to be some kind of child safety barrier. We'll have to sort through that whether that encroaches or what that -- we'll end up with that. That's what we were just discussing. The issue here is, of course, the four-foot elevation. If they take the cap off, they exceed the four-foot elevation. That means they have to take out the entire pool, reconstruct the pool in accordance with the code so it does not have a four-foot elevation. COMMISSIONER HENNING: Well, I'm assuming -- I'm assuming that code enforcement's going to take action. I'm asking you, do we have the latitude to put off abeyance of any kind of action by the code enforcement for a period of a year, six months? MR. SCHMITT: That's strictly up to your guidance to the county manager. COMMISSIONER HENNING: Okay. MR. SCHMITT: As far as how we use staff assets to do what we need to do to basically abate the encroachments that exist. We still have a side yard -- two side yard encroachments as well on this house. Now we also -- you've denied the administrative variance, Page 204 March 14, 2006 that also tied into the variance. There's the - one of the -- I believe it's the master bath that encroaches into the side yard setback as well. COMMISSIONER HENNING: Am I alone here? COMMISSIONER FIALA: No, you're not alone. COMMISSIONER COYLE: You're not getting your question answered. CHAIRMAN HALAS: The master bath -- part of the structure. COMMISSIONER HENNING: Well, do you want to give some kind of relief of time? COMMISSIONER FIALA: Yes. COMMISSIONER COYLE: Yes. COMMISSIONER HENNING: Okay. What is -- I'll throw out a year, okay. MR. SCHMITT: Fine. COMMISSIONER HENNING: We're giving the county commissioner -- the county manager direction to -- CHAIRMAN HALAS: Just so that we get this on the record, the house -- basically you can give an administrative variance to the house for that bath because of the fact it doesn't exceed the 25 percent; am I right? MR. SCHMITT: Let me have Ms. Murray come up. MS. MURRAY: Yes. The -- actually the back of the house was already granted an administrative variance. CHAIRMAN HALAS: Fantastic. Okay. So now all we've got to do -- MS. MURRAY: You have the stairs and the pool enclosure. CHAIRMAN HALAS: The stairs and the pool enclosure, exactly. MR. SCHMITT: You want to allow the house to stand then, to make -- for -- CHAIRMAN HALAS: Oh, definitely. Page 205 March 14, 2006 MR. SCHMITT: Yes, okay. I mean, as far as - stand meaning that the variance that was granted for the encroachment of the master bath can remain? CHAIRMAN HALAS: It's within the guidelines of9.04. MR. SCHMITT: Yes. COMMISSIONER COYLE: Can I just ask -- CHAIRMAN HALAS: Yes. COMMISSIONER COYLE: Could I just ask that you spend a few minutes -- you and your staff spend a few minutes with the owners to make sure that they understand clearly what is going on here and what you're interpreting this to be -- MR. SCHMITT: Yes. COMMISSIONER COYLE: -- so that we don't get them in any more trouble? MR. DOWDY: Commissioner, thank you very much. I've already met with the man. I've already met with the department. You don't recognize the department's recommendations. I'll have to go after Jim Allen. I'll sue him. And that's what everybody here wants. And it's too bad, because I've got a nice house. COMMISSIONER COYLE: Yeah. MS. DOWDY: And these people don't even -- probably half these people haven't even seen our home. MR. DOWDY: You just changed the code. MS. DOWDY: And now you're going to make us tear the whole pool out? I thought we were talking about the enclosure, we had to get rid of the screen. But now you're talking about we have to tear the whole pool out? What if we wouldn't have capped that wall? If that remedy worked to just raise it and then you're in the right ratio, what if we just took the lid off it, then could we just get rid of the pool screen? Do we have to tear out the whole pool? And that's going to cost like Page 206 March 14, 2006 $300,000. It's all got to be done by barge. It's going to destroy the integrity of our home. MR. DOWDY: And the neighbors. We're going to do demolition out there. MS. DOWDY: I mean, that pool is hooked onto our house. I mean, they -- it has been passed before with a raised seawall. That's why we did it. MR. DOWDY: At recommendation of staff. MR. SCHMITT: The cap remains. You did not approved the administrative variance. The cap remains. They still fall within the four- foot criteria. But the bottom line is, they have to come within the 10 feet of the cap because you did not allow for the administrative variance. So there's something that's got to come off the back of that house, bottom line, unless you give us other direction. What I'm hearing you say, the cap can remain. The administrative variance does not stand, so the measurement now has to be from the overhang of that cap and has to be 10 foot back, so there has to be some portion of the back wall, or the lanai or whatever of that pool will have to come off in order to at least get to the 10- foot requirement rather than the 20- foot setback. COMMISSIONER COYLE: Well, we can't -- MR. DOWDY: Why don't you come on over and look at it. MS. DOWDY: There's only like a foot there on the other side of our pool. So if we take that wall out -- MR. SCHMITT: If they could speak on the record. But just for clarification, I mean, that's what we heard. The cap stays, they have to have a 10- foot requirement. They have to move __ they have to reconstruct something in the back yard in order to meet the 10- foot setback. COMMISSIONER COLETTA: The simple part of it is, it's very Page 207 March 14,2006 difficult to put Humpty-Dumpty back together again. CHAIRMAN HALAS: Commissioner Coyle? COMMISSIONER COYLE: Nope, that's it. CHAIRMAN HALAS: Okay. Commissioner Henning? COMMISSIONER HENNING: Okay. Can we give the county manager in this particular case to give any -- hold off on any action from code enforcement on this rear yard setback issue for one year? CHAIRMAN HALAS: While the Dowdys take on J.D. Allen or whatever's going to be done? I think that's -- COMMISSIONER COLETTA: May I make a suggestion? I think you're heading in the right direction, and it's compassionate. But let's be honest about it. These things don't happen in one year. Why not two years? COMMISSIONER HENNING: Well, let's have an auction. I don't care. MR. MUDD: I'd really like to get the attorney's opinion on this particular issue. MR. WEIGEL: Before you get too far talking about the 10 feet, remember this board has just noted a difference between the structure and residence, and there is a distinction. So if there -- if there is a potential for these property owners coming back to the board for another variance request for this -- we're out of the administrative area here essentially. But if they were to potentially come back to the board with another variance request, Heaven help us all, but the fact is that the board has significant power to look at whether there are mitigating circumstances, undue hardship, answer all those questions that they do -- and they know the criteria and they've got them right there. But I'd suggest that code enforcement, just as in other cases, be told to cool it -- cool it for a while, and that the staff come back to the board at six months and see if - where things have occurred. Page 208 March 14,2006 And if at that time it seems that there's no good faith action between staff and the owners or there's something to report, the staff, with the assistance of the owners, can report back to the board in six months and say, this is where we are. Are -- because even if you unleash code enforcement instantly, it takes a long time before things really get into the code enforcement hearing chamber from that point thereafter. I'd suggest six months' review. CHAIRMAN HALAS: By the staff? MR. WEIGEL: Well, no. I'd say come back to the board and let you know. And then if you're satisfied or dissatisfied with staff and owners' attempts to work through these things, you can give further direction to the county manager as to whether code enforcement staff ought to become involved, which ultimately gets code enforcement board involved. But none of that occurs until you give that inclination at some point in the future. Again, I suggest six months. MS. DOWDY: Can I speak? CHAIRMAN HALAS: Yes, ma'am. MS. DOWDY: We have already been told by a builder that if we rip our pool out, there's a good chance it will hurt the integrity of our home. MR. DOWDY: It's all connected with re-wrought. MS. DOWDY: Ifwe have to pull that pool out, there's a good chance it's going to destroy our house. CHAIRMAN HALAS: Okay. The decision was made, and I -_ MR. DOWDY: So it's too bad? MS. DOWDY: Nobody cares. COMMISSIONER FIALA: It's been the hardest decision. CHAIRMAN HALAS: It's been a very difficult decision. MS. DOWDY: Oh, come on. COMMISSIONER HENNING: Okay. Page 209 March 14, 2006 CHAIRMAN HALAS: Thank you. COMMISSIONER HENNING: Did we give some directions? Is it six months -- and come back to us in six months and let us __ give us -- inform us of the progress on it? CHAIRMAN HALAS: I don't think -- at this point in time I don't think we need to continue to bring this item back. I think it's a dead issue. We've ruled twice on it, and I think that should be the end of it, Commissioner. COMMISSIONER HENNING: Well, it's -- CHAIRMAN HALAS: Until the -- and then when it's in compliance, then everything -- they'll receive the necessary COs, and the issue's taken care of. COMMISSIONER FIALA: But we need to let code enforcement stay away -- CHAIRMAN HALAS: I think they've got an understanding that I don't think they're going to go out there tomorrow and go through the case. COMMISSIONER HENNING: I'm going to make a motion, Mr. Chairman-- CHAIRMAN HALAS: Okay, go ahead. COMMISSIONER HENNING: --- at this time that we direct the county manager to put any code enforcement action on the rear yard setback of this property, the Dowdys' property, off for a period of one year. COMMISSIONER FIALA: Second. CHAIRMAN HALAS: Okay. There's been a motion by Commissioner Henning to have code enforcement be relieved of any responsibilities in regards to upholding the Dowdy residence in regards to writing any violations, and it was seconded by Commissioner Fiala. Any further discussion? Page 210 March 14,2006 COMMISSIONER COLETTA: Well, I would like longer, but I think I'd be pushing the envelope about this point in time. CHAIRMAN HALAS: I'll call the question. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: All those opposed, by like sign? (N 0 response.) CHAIRMAN HALAS: Passes unanimously. COMMISSIONER COYLE: Break time. CHAIRMAN HALAS: It's break time. COMMISSIONER HENNING: One other thing. Mr. Bing, don't know ifhe's here, it was kind of offensive __ CHAIRMAN HALAS: I think they've-- COMMISSIONER HENNING: You know, it's kind of offensive when -- this whole conspiracy thing by the county and the property owner and stuff like that. I mean, it didn't impress me one bit. Not that I'm trying to defend our staff, because I had my head handed to me when I tried to do that, but it just doesn't personally do any good for their case, and I hope it changes in the future, because I'm sure they'll be back again. Thank you. CHAIRMAN HALAS: We'll take a 10-minute break. We'll be back at 5: 10, and then I believe we have a 3 :30 time certain, I'm sorry that we ran over so far. (A brief recess was had.) Item #13A Page 211 March 14,2006 AGREEMENT AUTHORIZING THE COLLIER COUNTY SHERIFF'S OFFICE TO HAVE A TRAFFIC CONTROL JURISDICTION OVER PRIVATE ROADS WITHIN THE INDIGO LAKES SUBDIVISION - APPROVED CHAIRMAN HALAS: We're back in session. We're going to address an issue that was brought up earlier this morning on the consent agenda where it was pulled off. We'll get that out of the way. It was a concern that Commissioner Coyle had and pulled that particular item off the consent agenda. COMMISSIONER COYLE: Chief Smith has answered my questions to my satisfaction, and I recommend approval. COMMISSIONER HENNING: Second. MS. FILSON: Which item is that? MR. MUDD: And that is 13A, which used to be 16J2. MS. FILSON: Okay. CHAIRMAN HALAS: Okay. Motion for approval. Any discussion? (No response.) CHAIRMAN HALAS: We have a motion and a second. COMMISSIONER FIALA: Who seconded it? COMMISSIONER COYLE: Commissioner Henning. CHAIRMAN HALAS: Commissioner Henning did. COMMISSIONER HENNING: And that's to remove $50 million out of the transportation budget, right? COMMISSIONER COYLE: No, it was to take -- it was to remove $50 million out of sheriffs budget. MR. MUDD: Sir, this had to do with sheriff patrols in Indigo Lakes. CHAIRMAN HALAS: Okay, okay. No further discussion, I'll call the question. Page 212 March 14, 2006 All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign? (No response.) CHAIRMAN HALAS: Good. N ow I believe we've got another time certain that - Item #1 OF EXTENDED HOURS OF OPERATION AND A NOISE ABATEMENT POLICY FOR CAXAMBAS PARK. HOURS EXTENDED: 7AM TO SUNSET - APPROVEDW/CHANGE MR. MUDD: Commissioner, you have another time certain, and that has to do with -- COMMISSIONER FIALA: 16D4. MR. MUDD: It's now 10F. It used to be 16D4, and the item is to recommend to approve extended hours of operation and a noise abatement policy for Caxambas Pass, and that item was moved at Commissioner Fiala's request. CHAIRMAN HALAS: Commissioner Fiala? COMMISSIONER FIALA: Yes. I'll let staff go ahead. MS. RAMSEY: Okay. For the record, Marla Ramsey, Administrator of Public Services. Commissioners, the public has come to us and asked if we would consider extending the hours at the Caxambas Boat Ramp on Marco Page 213 March 14, 2006 Island, as you see on your visualizer, from seven a.m. to six p.m., and change those hours so that it would run from seven a.m. to sunset. On January 18th, the Parks and Recreation Advisory Board heard this request. A number of the public from the condos around the park were in attendance at that particular meeting. There were concerns brought up about noise and some other issues in regards to the ramp itself, and so staff went back and met with the homeowners at site and then brought back what we're calling a noise abatement policy that we will use at the park to alleviate some of the problems that the residents have been suggesting at that location. The Parks and Recreation Advisory Board heard that noise abatement on February 15th. Both of the recommendations, both for the extension of the hours and the noise abatement were recommended by Parks and Recreation Advisory Board. So we come to you today to ask if you will extend the hours and to review the policy and provide us with the direction to go ahead and implement those. CHAIRMAN HALAS: Okay. Is there any discussion or questions by staff? (No response.) CHAIRMAN HALAS: If not, I believe that we have four speakers signed up. COMMISSIONER FIALA: Yes. Could I just -- rather than just say noise abatement, could you kind of describe what that noise abatement would be? MS. RAMSEY: Yeah. The policy has about six different things on it. One of them has to do with out of water running of engines for boats or jet skis. The other is the engine flushing. Page 214 March 14,2006 At Caxambas we don't have a water source anyway, so flushing the engine, according to boaters, is not necessary when you come out of the water. So we're talking about not allowing them to do that. We're looking at limiting their deliveries from 8:00 until 4:30 each day. We're talking about moving the dumpster from behind the marina building over to the Coast Guard building, which is located on the site closer to the road itself. We talked about excursions of vehicles, such as trolleys, things that are going to come in and enjoy the view, that they come in after 8:00 and they leave before 4:30. A lot of that has to do with the fact that the trolleys and the delivery area people leave their vehicles running while they're either unloading or while they're in the location and it causes a noise issue for the neighbors. And the last thing is, to increase the landscape buffer along the property line along the north property line next to the condominium association. And in your packet you had an example of landscaping that we were recommending. COMMISSIONER FIALA: Marla, we'd also talked about that little curve there that we have where people seem to pull out of the water and sit right below that building while they tie their boat down, and we were going to do something about moving that tie-down area, I don't know what else to call it, just a little bit further down so it's away from the building, and that would also help to eliminate some of the noise level. COMMISSIONER COLETTA: Could somebody point to the map, the drawing, to show where this all is? MS. RAMSEY: I think what you're talking about, Commissioner, is in this area here is where the boats actually back into the water, and then as they come out, they come up and they, like, stop right up -- COMMISSIONER FIALA: Right, right. Page 215 March 14,2006 MS. RAMSEY: -- in this area right in here while they do the tie- down, they leave their trucks running at that point, which is very close to the -- to the condominiums in this area here, and I think the suggestion would be that we designate that or -- and educate the public just to pull up and try and do their tie-ups up in this location rather than back in here. And I didn't put that in the policy. I did that more as an educational item maybe through a sign and just continue to work with the public to massage that park so that it -- we're not quite an inconvenience to neighbors next door. CHAIRMAN HALAS: I have a question. Right there where you were discussing earlier about where they pull their vehicle up in that curve there, okay. From that curve to the condominium, what is the distance from that residence? Do you have a -- MS. RAMSEY: I-- CHAIRMAN HALAS: -- segue? MS. RAMSEY: I don't -- I'm not exactly sure what the distance is going to be on that. Maybe 50 feet, 30 feet. I'm not exactly sure. MR. MUDD: Take a look at your bottom. It says 60 feet by the white thing. So you're talking about, yeah, about 60 feet. MS. RAMSEY: Maybe, yeah, 50 feet. CHAIRMAN HALAS: Now, is there -- where the property line is, I take it that's that -- MS. RAMSEY: Red line. CHAIRMAN HALAS: -- line that's on an angle there? MS. RAMSEY: They're very close to that. CHAIRMAN HALAS: Yeah. Is that -- is that a hedge, or it that trees, or what is that, to use that as a source for a noise abatement? MS. RAMSEY: Well, there are landscaping elements in that area. Some of them are trees, some of them are hedges, some of them are on their side as well. And as you look at the site plan that Page 216 March 14, 2006 we're talking about, we are talking about trying to bring in some height, about you know, maybe 10, 18 feet in palms, trying to grow a hedge to about 20 feet along that edge right there. And realize that I believe this is a multistory building. You can't really see the height of this building. It's not going to really help with those upper floors, but it might help with the floor that's right on the bottom, or maybe even the second floor. It also might be an inconvenience because they won't be able to see the water when we do that as well. So it's kind of COMMISSIONER FIALA: And right now a lot of those bushes and the trees have blown down from the hurricane. So we're going to need to go in and fill that in anyway, right, the -- we have sea grapes in there right now? MS. RAMSEY: Yeah. Actually, we're looking to put some additional sea grapes back in and growing those sea grapes to 20 -- putting them in at six feet and growing to 20 feet, is the plan at the moment. CHAIRMAN HALAS: The other question I have is, how many boat trailers can we park here at one time? MS. RAMSEY: Well, in the parking facility itself, it's about 38. CHAIRMAN HALAS: Thirty-eight. MS. RAMSEY: But we have -- we can really get a lot more than that in when we use this area from here. And actually you can see there's some cars parked in there all the way out into here. We can really -- with a park ranger helping us on a busy weekend, we can get quite a few in this particular location. CHAIRMAN HALAS: And what would you say is the maximum capacity? Do you have a -- MS. RAMSEY: About -- I think we can do about 50, is my understanding. Page 217 March 14,2006 CHAIRMAN HALAS: A total of 50, and that's utilizing all of the area that you just discussed? MS. RAMSEY: That's correct. CHAIRMAN HALAS: Any further discussion? COMMISSIONER COLETTA: Yes, if I may. Marla, the demand for this particular location is mainly -- is it all week long just during the season? Is it mainly weekends or is it holiday weekends? How does it work? MS. RAMSEY: Well, the people that are requesting that we extend the hours are actually working people that live in the Marco Island area who find that closing this park at six o'clock at night makes it impossible for them to get out just about anytime except on a weekend. And I asked staff what we thought the numbers were that were coming in in the afternoons because we -- you know, we close early, so we don't have a lot of afternoon traffic there currently, but we probably will have some enhanced traffic in the afternoon if we're able to go until 8:30 at night during the summer. So right now it's somewhere between seven to 10. It would probably double, I would assume. COMMISSIONER COLETTA: Couple questions. One, if someone had to -- if they break down out there and it takes them a while to get back, what happens if it's after 8 :30? MS. RAMSEY: Yeah. We have in place at this one - this is a locking facility, and we have a telephone number or -- and a key pad element where they can alert the sheriffs office that they've been locked into the facility, and the sheriffs office or the -- I guess it's actually the Marco police officers come and let them out. They have the key and the capability to allow them to have exit out of that facility. Page 218 March 14, 2006 COMMISSIONER COLETTA: Do we have any boating facilities where people can launch to go out for night fishing? Because that's usually the best time, especially during snook season. MS. RAMSEY: This actually is the only boat ramp facility that we have that we lock. All the rest of them, even though they have hours posted on them, we don't have locking facilities and we do not prevent anyone from going out if they're actually fishing. Ifwe have an issue in a park why there's partying or something going on, the hours allows the sheriffs department to help us control that. COMMISSIONER COLETTA: Great. So the other parks we do have people that want to do that -- I'm past that point, by the way. But people that do want to go out at night and do snook fishing, we, the county, does make areas available for them. That's wonderful. The last question, and I'm just trying to get a whole picture of where we are. We're talking about this just for summer hours? MS. RAMSEY: No. It would be all the time. And because of that, then during certain times of the year we would be closed a little bit earlier than six o'clock, because sometime - right around December, I think we get sunset about 5:30. So it would be a little less during certain times and more during other times of the year. COMMISSIONER COLETTA: Well, I appreciate very much parks and rec. going to the limit here to try to find a way to be able to utilize this resource to its fullest and still meet the needs of the local neighbors. MS. RAMSEY: Thank you. CHAIRMAN HALAS: Okay. Any further discussion? (No response.) CHAIRMAN HALAS: Ifnot, call the first public speaker. MS. FILSON: Mark Bahr. He'll be followed by Joan Robbins. MR. BAHR: Good afternoon. My name is Mark Bahr. I'm a Page 219 March 14,2006 property owner on Marco Island, 1271 Stone Court. And I've been in business on Marco since about 1980. I'm in favor of extending the hours of Caxambas Park to sunset, like all other Collier County parks and boat ramps. The sun sets as late at 8:23 p.m. in the summer months of June and July, and around eight o'clock in May and August as well, and the park closing at six p.m. is a major inconvenience for boaters. Many former marinas now high-end developments, including Pier 81, Boat Haven, Wiggins Pass Marina and other places such as Pelican Bend and Tarpon Bay on Isles of Capri have been destroyed due to Hurricane Wilma. Many of these former wet slip boaters are now relying on trailer boating and this boat ramp as a form of access. I understand also that the 951 boat ramp has been denied expansion. And even driving up here today, I see that the facility was full and there was cars and trailers parked on the side of the road. I understand -- I've also spoken to Dana Sousa, who is the parks and recreation director for Marco Island. He also is in favor of expanding the hours to sunset. I realize that there's condo owners that are around here that are somewhat affected by some of the utilization of the park, but the park was there long before the condos were built and the pilings were driven there for that purpose. This land was donated by the Deltona Corporation for the purpose of a park and a boat launch facility. So I really am strongly in favor of extending the hours, at least till sunset throughout the course of the year. Actually ideally I'd like to see it a half an hour after sunset because boaters are allowed to operate their boats without navigation lights a half hour after sunset. It gives families the time to go out and enjoy the sunset, go to the boat ramp, pull their boat out, and leave. Page 220 March 14,2006 Some of the other things -- one of the points in the noise abatement policy talks about stopping deliveries at 4:30 p.m. I think that maybe that should also be extended to six p.m. because a lot of times the facility runs out of shrimp, or if you need fuel, you'll be prevented from getting these critical services to the park before a normal operating time of six p.m. In those instances, I think that should be permitted so that taxpayers don't have to wait to get fuel depending on when the vendor could possibly get there the next day, or if at all. That's all I have to say. MS. FILSON: The next speaker is Joan Robbins. She'll be followed by Burt Robbins. MS. ROBBINS: My name is Joan Robbins, and I'm a resident at 901 Collier Court, which is the condominium that directly overlooks Caxambas Park. First of all I'd like to thank Commissioner Fiala for taking the time to visit us at our condominium and seeing firsthand the proximity of our condominium to the Caxambas Boat Parks. We are boaters ourselves and we want everyone to enjoy the water. However, I am in -- I'm speaking in opposition to extending those hours past six clock because -- and to sunset because I believe that the irregular hours of closure will cause more confusion for boaters coming in. And the issue that was raised about the Marco Island Police having to rescue people who are locked in at night, and those people also cause disturbance to those of us who live right next door to the park. And I believe the ordinance for the parks does say that there should not be a disturbance at the county parks. I am in support of the noise abatement policy. I appreciate the efforts of Commissioner Fiala to work with the parks and __ department to institute those noise abatement procedures. I think it Page 221 March 14, 2006 will help us, no matter what happens to the change in the hours, because there is increased vehicular and boat traffic at that facility over the last years. My husband and I have lived there full time for two and a half years. We have owned since 1993. One of the reasons we bought our condo was because we enjoyed the fact that we could overlook the boat park and the pass going out into the Gulf of Mexico; however, we would like to have the peace and quiet of our home in the evening after six o'clock. Thank you very much. MS. FILSON: The next speaker is Burt Robbins. He'll be followed by William Starr. MR. ROBBINS: Thank you, Commissioners and Chairman. I would like to speak against this ordinance. My name is Burt Robbins, 901 Collier Court. My condo is directly across from the park here. And I would like to put in perspective how far away we actually are to the park boundary, the actual property boundary. I think this room is approximately 35 feet wide or so. The property boundary is 43 feet from my side of the condo to the county property line. I measured it. Another car length over is the driveway where much of the noise occurs, so our unit and units above us and below us are directly impacted by this. And I'd also like to say to the commissioners that I do not object to the park in any way. I find that some of the things that go on down there are more fun than watching television. We enjoy the park. It's the hours being changed that we depend on that I object to. Those hours of quiet that we have now, we need, because we have noise from seven o'clock in the morning until the park is closed. We're very close and are directly impacted by noise because of the fact that there is much blacktop. There is some concrete where Page 222 March 14,2006 the ramp is, and there is a lot of water that surrounds -- partially surrounds the park. This reflects and amplifies many of the sounds that go up to our home. So I feel that one of the best ways to give us the peace and quiet that you need in the evening when things -- when you want to settle down and try to relax, is to simply close the park. It was -- it was closed at six o'clock for a reason and that is, we are very close in a residential area to this park. And it gives us some relief to have the hours of closure that we have. So the preamble of the county park ordinance calls for the -- for the commissioners to consider themselves to be good neighbors. And the relief that we would get from the park remaining at six o'clock closure would greatly improve our quality of life. It's simply the hours that we object to. We don't object to the park or the boaters or anything like that. It has a big impact on our life. CHAIRMAN HALAS: Thank you. MS. FILSON: Your final speaker, Mr. Chairman, is William Starr . MR. STARR: My name is Bill Starr. I live in the same building as the last two speakers. My wife and I bought our condo in 1996. Many of the residents in our building bought from '89. And all during that period of time, the operating hours of the park were seven a.m. to six p.m. There are many annoyances associated with living directly across -- aside of that ramp, but we all knew those annoyances when we bought our condos. That's not the issue. Recently the parks and recreation department decided to change the hours, as you well know. And when we went to the meeting of the advisory council, one of the members of the advisory council asked the parks and recreation staff, is the situation at Caxambas Boat Park Page 223 March 14, 2006 the same as it is at other county parks? And they were told basically that it's the same situation in residential areas. Well, if you drive to the parks that they were referring to, you'll note that at Caxambas Park, where we live, is anywhere from 30 to 60 foot away from the boat ramp. If you go to the Bayview Park, which was one of the others they looked at, the first residence from the boat ramp at the Bayview Park is approximately a quarter mile, and if you go to the Cocohatchee River Park, the condo that is nearest to that boat ramp is about 1,000 feet away, and the back of the building looks over the boat park. The lanai side of the building faces in the opposite direction. One of the commercial vendors that spoke at the meeting said that we sounded like a group of people who built next to an airport and then complained about the noise. That's really not the case. We knew the park was there when we bought. We also knew that from its inception the park was operated from seven a.m. to six p.m. We think they did that for a reason because of that close proximity of our residence compared to at any other park. We really appreciate the noise abatement process that has taken place, and that will greatly help, regardless of whether the hours are changed or not. We appreciate being able to speak to you today. We want to emphasize that the 951 ramp, which is right at the other end of Marco Island, is available for nighttime. And we're - want you to know that we're asking for nothing more than we had when we started. We don't want the rules changed in our favor. We simply want the rules not to change. Thank you very much for listening. MS. FILSON: That's your final speaker, Mr. Chairman. CHAIRMAN HALAS: Okay. Commissioner Henning? Page 224 March 14, 2006 COMMISSIONER HENNING: There's something that was brought out that I really didn't think about, but a very good point. About deliveries. I'm not sure -- I think, in my opinion, that you might create some more problems by limiting the early hour deliveries. Presently your deliveries are what, seven? MS. RAMSEY: They could be as early as seven, yes. COMMISSIONER HENNING: And so if you don't have any fuel or are waiting for that fuel delivery or you're waiting for bait or you're waiting for ice or whatever, then you have a whole bunch of people there waiting for those goods because there's only limited places on the island that you can get those. So why don't we leave the delivery hours in the afternoon the way they are, and put back the morning delivery hours to seven A. Is that a problem? MS. RAMSEY: No, sir, if you give us that directions. COMMISSIONER HENNING: Okay. Motion to approve with those changes. COMMISSIONER COLETTA: I'll second for discussion. CHAIRMAN HALAS: Okay. Is there discussion? COMMISSIONER FIALA: Yeah. Did you mean motion to approve the -- as written with the change of the -- COMMISSIONER HENNING: Right. COMMISSIONER FIALA: Just so I understand what the motion is. MS. RAMSEY: Clarification. It will be seven o'clock in the morning to six p.m. as currently? COMMISSIONER HENNING: No, no, no. As -- you mean delivery? MS. RAMSEY: Yes. COMMISSIONER HENNING: No. MS. RAMSEY: It's currently delivery. COMMISSIONER HENNING: No, 4:30 p.m. in the evening. Page 225 March 14, 2006 MS. RAMSEY: Okay. Seven a.m. to 4:30 in the evening. COMMISSIONER HENNING: Right. MS. RAMSEY: Okay. Just for clarification. Thank you. CHAIRMAN HALAS: Okay. You want to divide this up in two motions then? COMMISSIONER HENNING: No, that was part of the motion. She just wanted to clarify it, for me to clarify it. CHAIRMAN HALAS: Discussion? COMMISSIONER COLETTA: Yeah. Just one short note. Of course we can monitor this. If there's some sort of problem where this exasperates the situation there, we can always bring it back for reconsideration. COMMISSIONER FIALA: Yeah. And I'll stay in touch with the people over there to see how it works. I think the biggest complaint is all of the noise that's generated. They mentioned the number of times diesels and cleaning out the jet skis and so forth, and I understand perfectly. And I think if we don't have all of that noise emanating through the area after six o'clock -- in fact, all day long. They're going to get, you know, a double good thing because we're going to stop it all, so then it ought to work a lot better for them. COMMISSIONER HENNING: And moving that dumpster's going to be a big help -- COMMISSIONER FIALA: Yeah. COMMISSIONER HENNING: -- because people throw, you know, all kinds of stuff in there, and then, you know, it sits there. COMMISSIONER FIALA: And moving the traffic down just a little bit so that it's not stuck on that curve. COMMISSIONER HENNING: Right. COMMISSIONER FIALA: Moving it down so it's not just sitting right underneath their windows. Page 226 March 14,2006 CHAIRMAN HALAS: Okay. I have a motion by Commissioner Henning and a second by Commissioner Coletta. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign? (No response.) CHAIRMAN HALAS: Passes. Thank you. MS. RAMSEY: Thank you. Item #7B RESOLUTION 2006-65: PETITION: V A-2005-AR-8616, REQUESTING A 2.5 FOOT AFTER- THE-F ACT VARIANCE FROM THE REQUIRED 37.5 FOOT YARD SETBACK FOR A CORNER LOT IN THE (E) ESTATES ZONING DISTRICT TO PERMIT A SINGLE-FAMILY HOME THAT IS CURRENTLY UNDER CONSTRUCTION, LOCATED AT 4625 30TH AVENUE S.E. - ADOPTED W/STIPULATIONS MR. MUDD: Commissioner, that brings us to item 7B. This item requires that all participants be sworn in and ex parte disclosure be provided by commissioner members. It's variance 2005-AR-8616, Daniel Hamilton represented by Davidson Engineering, requesting a 2.5-foot after-the-fact variance from the required 37.5-foot front yard setback for a corner lot in the Estates zoning district to permit a single-family home that is currently under construction. Page 227 March 14, 2006 Subject property consisting of 2.58 acres is located at 4625 30th Avenue Southeast in Section 28, Township 49 south, Range 28 east, Collier County, Florida. CHAIRMAN HALAS: Okay. All those that are going to be testifying in this case, or in this land use, please stand to be sworn in. (The speakers were duly sworn.) CHAIRMAN HALAS: Okay. We'll start with Commissioner Henning for ex parte. COMMISSIONER HENNING: None, sir. CHAIRMAN HALAS: None, sir? Okay. Commissioner Fiala? COMMISSIONER FIALA: None, sir. CHAIRMAN HALAS: Okay. I have communications that was brought to my attention in regards to this, and I think it was received yesterday. Commissioner Coletta? COMMISSIONER COLETTA: I have none also, sir. CHAIRMAN HALAS: Okay. COMMISSIONER COYLE: I just have some correspondence concerning it. That's all I have. CHAIRMAN HALAS: Okay. Thank you very much. MS. SMITH: Thank you. Good evening. I'm Kelly Smith with Davidson Engineering, and I'm today representing Tony Pocchi of Pocchi Construction, who is the general contractor, and the property owner, Daniel Hamilton, in the request for a two-and-a-half foot after-the- fact variance from the required 37 -and-a-half- foot front yard setback for a corner lot. I am going to condense my presentation given the lateness of the hour, and certainly ask that you ask any questions, items, that you think I may have not explained clearly. Page 228 March 14, 2006 The contractor, Mr. Pocchi, applied for a building permit for the single-family home for Mr. Hamilton, who is his stepson. The original building permit application indicated that the house would be set back 65 feet from the center of the right-of-way, which is 35 feet from the property line. During the review, Mr. Pocchi was contacted by the Collier County building permit reviewer who requested that the site plan be resubmitted as an overlay on the survey. The error in the front yard setback on 30th Avenue Southeast was not mentioned at this time. As requested, Mr. Pocchi submitted the site plan overlaid on the survey. On that site plan, unfortunately, the architect incorrectly labeled the 65-foot measurement as a 65-foot setback from the property line. The site plan was approved and the building permit was issued. The building permit reviewer added a table listing the setback requirements and, unfortunately, Mr. Pocchi believed that the front yard was the street frontage where the front door is and was not aware that by definition a corner lot property has two fronts and two side yards. Upon review of the 10-day spot survey, Mr. Pocchi was notified that the survey revealed a two-and-a-halffoot encroachment into the front yard setback on 30th Avenue Southeast. Construction of the home has since stopped pending the outcome of the variance application. The variance application complies with the majority of the criteria to be considered when granting a variance. The variance requested will not be injurious to the neighborhood or otherwise detrimental to public welfare. Because of the separation distance between the subject home and future homes on neighboring properties and the existing vegetation Page 229 March 14, 2006 on the subject property, we do not believe that the variance will be noticeable by neighboring property owners or people passing by the property . I would like to point out that the existing vegetation in between _ - really on the entire property, especially to the east, is wetlands and would require further permitting from the Department of Environmental Protection to be reduced in any way with the exception of hand clearing of any exotics that may exist there. I know that question came up at the planning commission, that yes, the vegetation exists today, but that means that it will be there in the future, and that's the answer, that the DEP has jurisdiction over that vegetation. Further, as pointed out in the staff report, the only property owner truly impacted by the variance request is Mr. Hamilton. Mr. Pocchi acknowledges that he shares responsibility for the error; however, there were several points during the review of the building permit application where this error could have been corrected. Unfortunately at this point it is the property owner who is suffering the consequences. Based upon the information in the staff report and the information presented here today, I ask that you approve the variance requested subject to the conditions outlined in the executive summary. With that, I'd be happy to answer any questions. CHAIRMAN HALAS: I have one question before I turn this over to Commissioner Coletta. We're talking about a piece of land here that's 2.5 acres; is that correct? MS. SMITH: That's correct. CHAIRMAN HALAS: And so we're looking at a two-and-a- half- foot setback, which is, when you look at that in respect to the size of the land and everything, this variance is pretty minuscule. Page 230 March 14, 2006 MS. SMITH: Yes. And I believe that if you do the math on the actual encroachment, I think that it comes out to a little less than 90 square feet. CHAIRMAN HALAS: Commissioner Coletta? COMMISSIONER COLETTA: Yes. Have any of the neighbors raised any objection to this? MS. SMITH: The neighbor to the east was -- did call me before the public hearing and we discussed it. He was at the planning commission hearing and he did raise an objection. He's not here today, so I don't know ifhis objection has been satisfied or not. But, again, I will -- I will state for the record that the existing vegetation and the separation distance certainly mitigate any potential impact that might be on that property owner. That property is currently vacant. And if you look at the map, the way that property would be developed, the house is going to be set back so far that you're talking about -- between where the subject house is and the property line is over 400 feet. COMMISSIONER COLETTA: Do we have any speakers? MS. FILSON: No, sir. COMMISSIONER COLETTA: I'd like to make a motion for approval. Or did you want to close the public hearing? COMMISSIONER FIALA: Second. CHAIRMAN HALAS: I think we'll close the public hearing. COMMISSIONER COLETTA: My motion is also predicated upon the variance granted limited to 2.5-feet front yard encroachment along 30th Avenue Southeast as depicted in Exhibit A, and, two, the variance is limited to the existing principal structure and if the subject residential dwelling structure is destroyed for any reason to an extent greater than 50 percent of the actual replacement cost of the structure at the time of its construction, all reconstruction of the structure must Page 231 March 14, 2006 conform to the provisions of the land development code in effect at the time of reconstruction. CHAIRMAN HALAS: Do I have a second? COMMISSIONER FIALA: Second. CHAIRMAN HALAS: Okay. Any further discussion by commissioners? (No response.) CHAIRMAN HALAS: Okay. I'll call the question. There was a motion made by Commissioner Coletta, and I won't repeat the motion. I think we have it on the -- transcribed, and it was seconded by Commissioner Fiala. All those in favor, signify by saying aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Any opposition to this? COMMISSIONER COYLE: Aye. CHAIRMAN HALAS: And we've got one that's going to oppose this. COMMISSIONER HENNING: Motion carries. CHAIRMAN HALAS: Motion carries, 4-1. Item #11 PUBLIC COMMENT ON GENERAL TOPICS MR. MUDD: Commissioner, that brings us to public comment on general topics. MS. FILSON: I have two speakers under public comment, Mr. Page 232 March 14, 2006 Chairman. E. Bruce Holley. He'll be followed by Kenneth Thompson. You've been here all day. MR. HOLLEY: Thank you, ma'am. I've only sat through one -- I'm a planning commissioner in Prince William County, and I bring you greetings from Prince William County, Virginia, and have been a planning commissioner for 18 years and gone through the chair twice, and I certainly miss your Mr. Abernathy. COMMISSIONER FIALA: Abernathy. MR. HOLLEY: I really enjoyed him. The only public hearing that I have ever sat through long was when Disney tried to move in with a theme park into my county, and we ended up until 3 :30 in the morning, and unfortunately I was in the chair at the planning commission at the time. But I would like to be very brief and recognizing that I couldn't fish this morning because the pier was closed putting new planks on up until 11, but I'll be there tomorrow. We try to visit Naples and Collier County every chance we get, and I have been impressed by the past five years that we've been coming down here to visit my daughter with your government and its professionalism. I really commend you in your decorum and all of your -- I've taken some of the things back to our planning commission and tried to get everybody to declare as to what we've done with developers, the meetings that the lawyers have had with us before we open the public hearing, et cetera, so I really have tried to emulate your model. And I really -- I really respect your position and your county executive and Joe Schmitt, who once lived in Fairfax County. So that's an aside -- on a sidebar. I recently viewed a TV concerning your MPO meeting on the 2030 transportation plan. And during discussion, the MPO and the Page 233 March 14,2006 commissioners had a -- quite a discussion concerning ministerial versus legislative relationships, and it was discussed at length. I firmly believe that our MPO in my area consists of Washington, D.C., Virginia, Maryland, and all of HOV. So my MPO up there is so much bigger. And you may very well have a difficult model down here for me to follow. But in any event, I don't say -- I would like to make an observation. I firmly believe that your MPO is unique in that the commissioners have surrendered their legislative purity by inadvertently giving legislative authority and dignity to the MPO Issues. And I don't say that to be nasty, but I do -- it is my thing that caused me to comment and look into your transportation situation, the things that you are experiencing down here, we are in the same kettle of fish up in our area. The price of an average home in Prince William County now is up to $410,000. We cannot get people to work in the county and a place to live. You're going through the same thing. It seems as though the real estate industry is driving our assessment programs, and the commission for a real estate salesman at 6 percent of half a million is great. I'm sorry. I'm really babbling here. But in any event, I'm selling all my land in North Carolina just to get out of that assessment thing, and so be it. But in any event, this MPO thing brought up the question. My daughter lives in Briarwood. Recently she called me and she said, Daddy, you're 18 years on the planning commission, what do you think about removal of the traffic light at Foxfire and Briarwood? I said -- my reply was, somebody just lost a lot of votes; two, they violated two PUD documents, and I didn't believe that if anybody sued it would stand up in court. And so I think that the Page 234 March 14, 2006 F oxfire people and Briarwood and the PUDs around there must have paid for the lights. And I said, public works, FDOT, and the traffic contractors did not consider safety, but rather made the intersection a more public hazard, and I had discussed this with Norm Feder. One, rather than smoothing the westbound traffic on Radio, they increased it -- increased the speed by taking the light out. There's no -- there's no check and balance there. CHAIRMAN HALAS: Sir, are you close to wrapping up? MR. HOLLEY: Yes. I only have about another half a paragraph. First of all, they did not try to implement traffic calming measures. One is -- I think one of the things that should be done is the light put back and that there be no turns allowed on red out of Briarwood and out of F oxfire. That would make that intersection much, much more safe. Norm said that the light that they did take out of that was a smart light. It was a demand light. And I think that it would -- it would all -- all solve it. And your -- your format of building roads is wonderful, but you need to take it one more step further, and that's get some of the people, the single occupancy vehicles -- the same way we're in trouble up there on 95 and the HOV lanes is get them out of the car and get them on mass transportation. We're trying to get Metro to come down to Prince William County out of Fairfax. I don't know whether we'll succeed or not. So, again, I say, I would certainly in -- like to see you replace that light and also make it no right turn on red, and I think that would help it a great deal. Page 235 March 14, 2006 I would also suggest that you move citizens' time as the first item of agenda, like we do in the planning commission and the board of county supervisors, and let us guys go fishing. Thank you very much. I enjoyed it. Thank you. CHAIRMAN HALAS: Thank you very much, sir. MS. FILSON: Your next public comment is Kenneth Thompson. MR. THOMPSON: I'm Kenneth Thompson. I live at 2031 Becca Avenue. And here lately, we're getting a lot of gasoline put on all of our hedges out on Bayshore Drive, down in front of my house. I'm putting a lot of money in hedges. And the more I put out, the more they kill. You've got a guy coming out there in the middle of the night, 11 o'clock, and telling me that you people sent him out there to plant bushes at night so the traffic wouldn't be so heavy. But the night he was planting bushes, I called the sheriff on him. He was making more damn noise than I never -- he had a bucket -- running up and down the road with the bucket down. And I know nobody didn't tell him he could come out and plant bushes. And as fast as he plant them, somebody keeps pouring gas on them. And the guy across the street -- I'm going to ask you one more time, please, please tell the guy to take the lights down on the house. N ow this is enough. And I promise you, I won't come back here no more. He's got lights worse than this. And the more -- the more -- I get him in court now, and the judge - the more -- the more I carry him to court, the bigger he makes fun at the judge. And I don't think it will happen again because he's going -- you can't live there, ma'am. There's -- nobody can live there for the lights. Now, this guy, you've got to do something about this guy, because you see -- I can go home and he thinks I done something to him when I come home. I don't say nothing to him. I think he's stupid. Page 236 March 14, 2006 And I don't want to hurt nobody's feelings, you know. But the reason I act the way I do is because I left the south, and I went to live in the north, and I lived with the Yankees for so long I just got messed up, and that's what it will do to ya. That's a joke, but anyway-- COMMISSIONER COYLE: That's not a joke. That's true. MR. THOMPSON: It did. It got us so damned screwed up, I don't know whether I'm going or coming. And Bayshore Drive is a racetrack. And you need to do something with this Texaco station. I told you about them parking all over? He's got them back there again. And I get so -- I'm having to go to the MRI a lot at nights and get one shot, and then they give me another few minutes later to make both of them work. And they keep me there for about three to six hours. This is getting so bad with me, I can't -- I can't take it. And I call -- I'm going to be honest, I called Mrs. Arnold and I just about cussed her out on the phone. You need to get to doing something. And I don't know whether she told you or not, and I don't really care, but I'm going to tell you like it is. Somehow or another she's moved to the left and left me standing by myself, and she is the cause of me coming here today because she come on this code enforcement board in 1992, the 4th -- I think it was July -- no, December. And when she got on there, she got in contact with Dale Steinberg, which is -- he's -- I don't know what he is. And he just __ she got in contact with him, and the both of them got together, and it's just contact all the time. She -- it's just all the time. They send people out. And I've got more permits than -- you can wallpaper this building with them. And Mr. Coyle, you did a good thing today. Maybe you won't ever do nothing else in life, but I appreciate you helping those people. Page 237 March 14, 2006 But you said -- it was -- he said that only two people like that in life. Well, me and my wife is in the same shape as these people. I got where I don't pay no attention. If I want to build something, I go sit down with Michelle Arnold and I tell her what I'm going to do. CHAIRMAN HALAS: Kenny, you pretty close to -- MR. THOMPSON: Yeah, okay. You ought to be careful of who you drink with, because that lady sure told on you a while ago, I'm telling you. But I thought sure you'd a tucked in to help that lady. She was awful nice. Pretty lady, too, I tell you that. So get the lights down for me, will you? I know you people got the power and you can do it. This guy's just hateful and hardheaded. He ain't going to listen. CHAIRMAN HALAS: Okay. Thank you very much, Kenny. MR. THOMPSON: The sheriffs department, you can't get them to do nothing. Two hours -- you call up, and it's 10 hours later when they get there. That's no damn lie. There's no lie about it. CHAIRMAN HALAS: Thank you. COMMISSIONER FIALA: Is there anything we can do about shielding those lights or making them shield those lights so they're not shining in his yard? MR. MUDD: We've tried, ma'am, and we're going to continue to try. MR. THOMPSON: There was the lights about that big around. He crosses them over the house to make the house looked bigger. Now he's got them shining right into our house. And I'll go home now, he'll think I done something wrong to him again. But, I don't know. I give the sheriff my guns, I just disown them. I'll put them over there by you, Mr. Halas, maybe you won't like it. Item #15 Page 238 March 14,2006 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. MUDD: Commissioner, that brings us to staff and commission general communications. CHAIRMAN HALAS: Okay. We'll start off with the county manager. Do you have anything to add in our communications here? MR. MUDD: Commissioner, the only thing I'd mention is that next week, four of the commissioners are going up to our legislative day in Tallahassee. And we'll leave on the 22nd, and our full day of going to see our representatives is on the 23 rd of March. That's all I have. CHAIRMAN HALAS: Okay. County Attorney, do you have anything to bring before the board? MR. WEIGEL: No, I don't think so. Thank you very much. CHAIRMAN HALAS: Okay. I'll start off. Ijust want to give a brief report of what was accomplished in Washington. County Manager, myself, and Debby Wight, we went to Washington. And we met the first day. We flew out on Wednesday morning, and about seven in the morning, we had a lunch meeting with the Ferguson group to discuss the strategy. And as you know, the Board of County Commissioners, we had eight items on the agenda that we felt were the most important items to address to our legislative body up there in Washington. We met 3:30 in the afternoon with Omar Franco. He's chief of staff for Congressman Mario Diaz- Balart. And we discussed a couple of items that pertain to Mario's district. Of course the most important one was the -- hopefully that we'll get the additional $2 million funding this year for the interchange Page 239 March 14, 2006 justification report. And it looks very, very promising that we should get that particular funding. The other item of great concern was the park that's located in South Immokalee. We asked that we have a funding of about -- I think it was 950,000. And I don't think we're going to get all the funding, but we are going to get some help in that area. So we're looking to address that issue in the Immokalee area. The -- then from there the next morning we had another briefing with the -- with the people there that represent us, our lobbyists. And then we went to the -- the area where there's an office by the governor of Florida, and in this building is all of the governors' representatives from all 48 states -- or 50 states. And we met with Gerald McSwiggan, and he represents Governor Bush. And basically what we did there is we made sure that we brought forth all the transportation issues that we have here in South Florida. And one of the first questions they asked is, are these items that we brought forth on the SIS, and we said, yes, they are. So I think that -- and they were very much impressed about what we are -- some of our thoughts and ideas for addressing issues in the future and addressing transportation growth. We also made sure that they had an understanding that the county was putting forth a good sum of money in this bypass road of 2982. I believe it's $500,000, and that the State of Florida was also going to come forth to address the study in regards to that bypass. From there, we went to Brydon and Ross, who's the legislative assistant for Senator Mel Martinez, and we basically stated our facts that -- some of the items that we were interested in the transportation issues that I just discussed. And also we brought forth the interchange that's located at State Road 84, 1-75, and 951. And thanks to Norm Feder, transportation Page 240 March 14,2006 director, a picture's always worth a thousand words. And they were able to get for us the actual outline of that, and we made sure that we stated the fact that FDOT has already put about $10 million into this study, and so -- that we were looking for about $5 million to buy the right-of-way for people who are willing to sell. None of this would be contested. And I think that Senator Mel Martinez's office was impressed with that. We also brought up the fact that we had some stormwater issues in your district in regards to addressing stormwater needs in the Lely area, and how it affected about 55,000 homeowners, and that -- we also basically let them know that, again, we weren't looking for a free handout. This was a cost share by the county of about 41.8 million, and that we were looking for some help from them in regards to addressing some issues of canals and so on. So I think that that was off to a positive start. We also talked about some medical requirements that we need, because we have a lot of doctors that give of their time for assisting people who are not as fortunate as we are with medical insurance or are underfunded by medical insurance, and that we wanted to get some additional information or additional monies to address infrastructure inside these -- inside these two units, one being Golden Gate City, and I believe the other one is out in Immokalee, such as X- ray equipment and so on. And the doctors, how they provide medical treatment or assist and care for people, they come forth with the suppliers of medicines or pills. They use those as -- to build on their pharmacy, the free pills. From there we went to Senator Bill Nelson, and we had a shared time with Polk County, but I think we got our message across. We only had 15 minutes with Senator Nelson before he left with another staff, and we didn't let Polk County get a word in edgewise. Page 241 March 14, 2006 And we basically told him what our concerns were as far as transportation issues. And I believe he's going to help us along with Senator Mel Martinez in regards to those areas. The transportation issues are basically what we stated earlier with the interchange at Everglades Boulevard, 1-75, and also the interchange at 1-75, State Road 84, and 951. From there, we went and visited Connie Mack, Congressman Mack. And what we did there, again, is basically we impressed upon him the items of concern. And again, one was the stormwater issue and also the transportation needs at State Road 84, 75 and 951. And I believe that between Congressman Mack and Congressman Diaz- Balart, they're going to work to help us in regards to getting funding to address our transportation issues. So we'll just see how this all shakes out. There's no promises. As the -- as they go through the budget process in Washington, I think that we will get some funding, and I think it will payoff that we have a lobbyist in Washington. And I just want to say it was a pleasure. I wore out a pair of shoes. We did an awful lot of walking in a short period of time. Most of the time it was almost at a double-time pace. But I think we covered our issues, and I think it was very successful. So -- and I want to say that the lobbyists did their homework, they made sure that everything was set up ahead of time. They had -- basically did some briefing to our elected officials, but there -- from there we took the ball and ran with it, and I think we pretty much covered all the areas of concern that we needed to address for the residents here in Collier County. And I think that we have a commissioner also that went to Tallahassee, and ifhe could enlighten us on his trip, I'd appreciate it. COMMISSIONER HENNING: My turn next? Page 242 March 14,2006 CHAIRMAN HALAS: Yes, sir. COMMISSIONER HENNING: You didn't tell us what you had for dinner. CHAIRMAN HALAS: Well, we ended up paying for our own dinner. We -- that was hard for our lobbyists to understand that we said that we have a very tough ordinance and that we have to basically pay on our own. So what we did is County Manager Mudd actually picked the bill up for the luncheon that we had, and we decided that that took care of the lobbyist, so -- COMMISSIONER COYLE: I think Commissioner Henning was being facetious when he asked you that question. I don't think he wanted that kind of detail. CHAIRMAN HALAS: Well, Ijust want to make sure that we were up front with everything. So Commissioner Henning? COMMISSIONER HENNING: Well, I learned that if things don't pass in Tallahassee, that we can address it through a local ordinance. We're talking about transportation concurrency. In proportionate share, the ordinance stays here. It doesn't have to be reviewed by the county, and we have some leeway to do that. And I think Commissioner Coy Ie's trying to get a tougher concurrency through the CIE is a good way to get what the citizens want in Collier County, so I'm going to support him when that comes up for a growth management plan amendment, and I think that deals with all the concerns, transportation concerns, that we have. I think it would probably, at that -- as soon as possible for us to, with the assistance of the county attorney and the transportation staff, is let's see if we feel comfortable enough through the local ordinances and what we have to control to ask our legislators to pull certain requests by Collier County Board of Commissioners. Page 243 March 14,2006 Because what it's doing -- I'll tell you. I was with the governor, with other legislators. Not our delegation. Our delegation is behind us. But the proportionate fair share is not going to pass. And, my perspective, it makes our legislators look not in the best eyes of their colleagues because they feel that the proportionate fair share is a good thing, whether that's true or not. I sat down with Secretary Cohen. In that proportionate fair share ordinance that we can write locally, we have a lot of latitude. We don't have to ask Tallahassee for how we management growth in Collier County. So anyway, that was kind of the gist of it. CHAIRMAN HALAS: Thank you very much. Commissioner Fiala? COMMISSIONER FIALA: Yeah, that's very interesting. I wish I could hear more. I'd love to. COMMISSIONER HENNING: Well, I think -- I hope we could in an upcoming meeting. COMMISSIONER FIALA: Yeah. CHAIRMAN HALAS: Sounds great. COMMISSIONER FIALA: Marla, you can just wave to me. When are they going to begin that noise abatement over at Caxambas? MS. RAMSEY: Tomorrow. COMMISSIONER COLETTA: Why not today? MS. RAMSEY: We're already closed, I think. COMMISSIONER FIALA: Thank you. Also I just wanted to discuss with you. Somebody had told me -- I don't know. You know, being that I heard from somebody else, and I don't know how credible the source is, that in -- that it's becoming a popular thing to developers to buy up golf courses or country clubs or amenities within a community and sell them off or build something else. Page 244 March 14, 2006 They said -- actually someone told me that it started about four years ago up north. It's just spreading around down here. And I thought, you know, we're seeing first-hand what could happen. And I thought maybe -- maybe it would be time for us to discuss at some point in time if there's any type of laws we can put in place or limitations we can put in place that would prevent somebody from coming into somebody else's community, I don't care whose it is, and taking over their facilities, selling it off to be something that is different than what these people bought to live around. And I didn't know if that would even be something we could do. I'd heard that they were putting that together in Lee County, as a matter of fact. Did you hear that, David? MR. WEIGEL: Well, yes and no. I'm aware that there's some stirrings about that, but I don't know how far they've put it together. And it may be that part of our effort will have to be a multi-pronged approach, and that is, to put the people that live near or around properties that are at risk, advise them or at least inform them that they themselves need to also help themselves to get protective mechanisms in place, because we're really talking about private property, and there's only so much that legislation can do at the local level. COMMISSIONER FIALA: I'd understood there were about eight vulnerable golf courses -- I don't know that -- this is what I've been told -- here, and they said that that can even spread a little bit further into the country clubs that sit on those golf courses. And so I thought, well, you know, I think we -- if we can do something to help put something in place so that people can protect themselves against greed, that would be a wonderful thing. CHAIRMAN HALAS: Well, we've also got the same issue with waterfront property. We're losing more and more working marinas Page 245 March 14,2006 throughout the whole state. And it was brought up today, the fact that we've lost a number of marinas here in Collier County. And so there's now -- COMMISSIONER FIALA: And another one's about to go in Goodland. CHAIRMAN HALAS: Yeah. And I can tell you that we're going to have more and more pressure put on us as the Board of County Commissioners because there's going to be more individuals that are going to have to trailer the boat, which gets to be very expenSIve. And, of course, the areas that we drop boats are going to get more difficult to accommodate all of the needs that we need here in Collier County. So we've got a lot of other issues that -- also in that same vein. That was interesting to find out that the boat drop-off or the launch site there on 951 cannot be expanded. I assume that's because of DEP or the Corps. COMMISSIONER FIALA: Yes. But I think Marla is going back and refiling because there are some provisions that maybe weren't included in the first attempt that might be able to be included in the next one. CHAIRMAN HALAS: Okay. COMMISSIONER FIALA: She doesn't give up easy. CHAIRMAN HALAS: Well, we've got a concern for the citizens. CHAIRMAN HALAS: Commissioner Coletta? COMMISSIONER COLETTA: Well, I just want to personally thank you and Mr. Mudd and Ms. Wight for going to Washington, D.C., and taking time away from your family and your home. And I really appreciate what this commission is doing to try to move the Everglades Boulevard exchange forward. I do believe that Page 246 March 14, 2006 even though an interchange normally takes like almost a generation to complete, that we're going to set all sorts of speed records with this. But thank you so much for your support on that. It's so much appreciated by -- COMMISSIONER FIALA: Solid backup. COMMISSIONER COLETTA: -- the people. COMMISSIONER FIALA: Solid backup. COMMISSIONER COLETTA: And it's just so much appreciated by everyone that lives out in that area. CHAIRMAN HALAS: Commissioner Coyle? COMMISSIONER COYLE: I have two things, Mr. Chairman. One pertains to the traffic light at Kings Way and Radio Road. The residents have indicated that they are -- they are in the process of setting up meetings with other communities to see if there's anything that might happen with respect to traffic counts and further utilization, but they've also come up with information which seems to substantiate their claim that they paid for the light. So all I'm asking is that rather than rushing ahead and pulling out those poles right now, immediately, let's give them a little time to see if they can come up with any definitive information that shows that they, in fact, did pay for something there. And the staff was told, I think, by the commissioners earlier that they should remove the light by the end of February, I believe it was, and that the staff has, in fact, removed the light heads. The lights are not there. The poles continue. And all I'm suggesting is that rather than take the chance of doing something that we might have to redo at some point in the future, that we at least take a little time to gather all the information to make sure that we've touched all the bases, and then do whatever is the proper thing to do at that point in time. Page 247 March 14, 2006 And I'm just asking that we provide guidance to staff to give them a little more time and see what happens. CHAIRMAN HALAS: Any comment from transportation director? MR. FEDER: None necessary, just very quickly. We did remove the heads. We purposely did not remove the rest of the signal installation. Weare of an understanding that by the 20th of this month, we should get some more answers back from F oxfire and Moon Lake. We did note to them that we need some level of urgency to get that so that we can then do the studies during season. And so we're expecting something after the 20th, and then we'll work accordingly. COMMISSIONER COYLE: Okay. And is that okay? I mean, do we have three nods for that? COMMISSIONER FIALA: (Nods head.) CHAIRMAN HALAS: Yes. COMMISSIONER COYLE: The other thing is, I would like to comment on Commissioner Henning's observations about the growth management bill. We've always understood that we have the opportunity to write the proportionate share ordinance. The problem is that what we're being forced to do is to try to navigate through a mine field, rather than having the legislature and Department of Community Affairs to give us a clear road map. It is -- COMMISSIONER HENNING: Welcome to government. COMMISSIONER COYLE: Well, no, but we shouldn't accept that. You know, because what will happen -- and although you feel confident when the legislators tell you that an issue is dead that it's really dead, that's not really true. Bennett's proposal is not dead. Bennett's proposal didn't make it this time. It didn't make it in this particular committee. It can be added at the next committee meeting, it can be added in the Page 248 March 14,2006 conference committee meeting when they start working out differences between the senate and the house bill. It can be added next year. It can be added to another bill that is going through the legislature. What we're faced with is, in fact, a real conspiracy to eliminate impact fees and consolidate growth management control at the state level. And that's what they're doing, and everybody recognizes that. The -- we have people who participated in writing that bill who will tell you what it says and what it doesn't say, and they're, in fact, wrong because it doesn't say that. And we have a lot of very specific statements to use to exemplify that point. The most telling, I think, was one recently by Nancy Lanan which says, nobody, nobody has had the chance to think through all the ramifications of this bill, and she's right, nobody has. And all I'm suggesting to you is that we -- we be very careful that we don't become so naive as to think there are people there that would not try to take away our home rule rights, because there are people there who would love to do that. And I think that Mr. Bennett's changes are likely to surface. If it's not him, it will be somebody else. We're going to be fighting this for a long, long, long time. We can't be confident of anything. We're going to have to take very careful steps, try to do something. We'll find that they will block our attempts to do it, and we'll have to find something else. That's not the way it should work. It is a -- it is a growth management bill. Then, blast it, it should permit you to manage growth. End of story. Now, with that, we constantly are having disagreement on the commission about whether it's really a threat or it's not a threat. If it does something bad or not, I don't know. Page 249 March 14, 2006 Well, I don't think we're ever going to solve this because it depends on who you listen to. And what I would suggest is the only thing we've ever asked for is to let us get to transportation concurrency. That's all we've ever asked of them. Just let us have -- let us be able to work through real transportation concurrency. So what I would ask this board to consider so that we don't have to argue about this anymore and that we can at least develop a united front in what we do, I would suggest we put this to the voters. Do you want roads built before development is approved? Yes or no? That's all we've ever asked. And I would -- I would ask this commission to approve putting that on the ballot in November, and that way we get a very-- COMMISSIONER FIALA: I'd back you up, second that. COMMISSIONER HENNING: We could do that. We can accomplish that, Commissioner. We don't have to ask the voters. We can do what you suggested, take out the two-year construction out of our CIE for transportation, and you get that, but continue building the roads. You get at the place. You don't have to ask the voters. You already know what the answer is going to be. And we can do that and I support you on it. COMMISSIONER COYLE: Then let's do it. COMMISSIONER HENNING: Yeah. COMMISSIONER COYLE: Let's do it, okay? COMMISSIONER FIALA: Get going. COMMISSIONER COYLE: And I think it's good that legislators in Tallahassee know what the voters say about that question here, too. COMMISSIONER HENNING: No. Why -- I mean, that's common sense. I don't know of anybody that -- anybody that doesn't want a better transportation network, raise your hand, you know? I Page 250 March 14, 2006 mean, everybody wants that, but -- COMMISSIONER COYLE: But the legislators don't want that. COMMISSIONER HENNING: Well, the legislators recognize they have 67 counties in the State of Florida, and they recognize that the only one that has a beef with the growth management plan or growth management bill is Collier County. Let's take our own destination instead of relying on somebody else. I think that we have the tools. Let's go down that road, try to utilize those tools to get where you want. COMMISSIONER COYLE: Because the reason is, they'll start cutting off those avenues. Once they find that you're going to be able to circumvent something that they've put in that legislation, they will start trying to cut it off, just like Bennett did. COMMISSIONER HENNING: Well, Bennett took a shot at you for your comments instead of sitting down with your delegation. It's been in the media. So that -- if you take a look at his stuff that he put in his bill, it doesn't even belong in that bill. COMMISSIONER COYLE: So? People do that -- legislators do that all the time. They put stuff in a bill that doesn't belong there so it will get passed. CHAIRMAN HALAS: So it will get passed. COMMISSIONER COYLE: That's right. COMMISSIONER HENNING: As far as that particular issue coming up this year, it already went through a committee without it being in there, so it would have to go back to that committee to be heard, or it would have to be an add-on on the floor. COMMISSIONER COYLE: Or it would have to be an add-on in another committee. COMMISSIONER HENNING: Add-on -- it would have to be brought up on the floor and debated, so -- Page 251 March 14, 2006 COMMISSIONER COYLE: And come up during the conference committee, if there's a disagreement between the Senate and the House. There are ample opportunities to sneak those things In. COMMISSIONER HENNING: Well, I'm not taking any shots at other elected officials when I know that I have opportunities to fix my concerns in my own house. I will not participate in this constant back and forth through the media. It does nobody any good. And if the issue is about concurrency or local control, take control of your own destination instead of asking somebody else. COMMISSIONER COYLE: Well, I-- COMMISSIONER HENNING: And I'm going to do that. COMMISSIONER COYLE: -- will be happy for you to enlighten us about how you're going to do that. COMMISSIONER HENNING: Well, the first thing is the CIE. COMMISSIONER COYLE: No. Well, yes. It's the first thing. We've already agreed on that. COMMISSIONER HENNING: Okay. COMMISSIONER COYLE: Okay. We've already agreed on that. COMMISSIONER HENNING: The second thing, you have a concern about the proportionate fair share. COMMISSIONER COYLE: Yes. COMMISSIONER HENNING: Okay. We can write an ordinance that stays here locally as long as it doesn't -- or it fits the -- well, there is no guidelines in the statutes. As long as it doesn't go against the state statutes. COMMISSIONER COYLE: Or as long as it doesn't offend one of the lobbyists who has a great influence over those state legislators. COMMISSIONER HENNING: Local ordinance stays here. It Page 252 March 14, 2006 doesn't have to be approved by the legislators, doesn't have to be approved by any of the departments in Tallahassee. It stays here, by a supermajority. COMMISSIONER COYLE: I'll tell you -- and it won't do any good. I'll tell you you're wrong. But -- COMMISSIONER HENNING: That's all right. COMMISSIONER COYLE: -- I'm going to let you try, and I'm going to let you see that. But I'm going to still push for the referendum for people to tell us that they want roads before we approve development, end of story. COMMISSIONER HENNING: And I'll be out there saying that we are -- we have the ability to do that before you can even vote on it. COMMISSIONER COYLE: Then I want you to show us that we can do it. I want you to turn down the next developments before we have roads, okay? I want you voting against those developments. COMMISSIONER HENNING: Okay. And again, as you do it through the CIE. And, Commissioner, I don't want to get in an adversarial relationship with you, and I see the discussion is going there, so I'm going to end it. CHAIRMAN HALAS: I just have one question to ask you, Commissioner Henning. You made a statement that no other counties of the 67, other than Collier, have any real concerns in regards to the growth management issue. Why is that? Why do you think that's so, that we're the only ones that are concerned about it? COMMISSIONER HENNING: I don't know. I'm not going to comment on that. That came from one of the FAC staffmembers. CHAIRMAN HALAS: Because we went through the scenario last summer with F AC, there seemed to be a lot of concerns in regards to issues with the school boards and requirements there and how they were going to interface with other county commissioners in Page 253 March 14,2006 regards to addressing growth and getting their house in order. And so I'm concerned because I think there are some other underlying facts that other counties are concerned with. And it seems to me that, as we went through the process now, maybe they've got some additional information that we don't have because I think that we have some real concerns of proportionate share, and you just stated that you thought that that was going to be a dead issue. And I find that hard to believe, because I think that's one of the things that the developers wanted really bad. COMMISSIONER HENNING: Well-- CHAIRMAN HALAS: I think that's going to be difficult for them to turn that down. Maybe I'm wrong. COMMISSIONER HENNING: Let's understand proportionate fair share, and I'm not the one to explain it to you. I think our staff can, you know, pick somebody to tell us about proportionate fair share. The -- Nancy Lanan, I understand, Commissioner Coletta's going to forward some tapes over to -- which I haven't heard. COMMISSIONER COLETTA: That's correct. Can I comment after? COMMISSIONER HENNING: And I guess we don't want to trust anybody in Tallahassee to explain it to us. But F AC, somebody in F AC can tell us. Mason Palmer, he's a little knowledgeable about that. But anyways. I think the other communities have concerns about it because you have to have schools in place before the development. It's just the opposite. In our concern, we want to have capital improvements in place. CHAIRMAN HALAS: Roads. COMMISSIONER COLETTA: If I can? COMMISSIONER COYLE: Let me finish up. I had a question Page 254 March 14,2006 going here. Are there three nods to give the staff guidance to proceed with a referendum question about-- MR. MUDD: There was a motion that you basically made, and seconded by Commissioner Fiala. So you've got a motion and a second on the floor. We've got to come to some kind of -- COMMISSIONER COYLE: Okay. CHAIRMAN HALAS: We've got some more discussion before we COMMISSIONER COLETTA: Yes. CHAIRMAN HALAS: Okay. Go ahead, sir. COMMISSIONER COLETTA: Very much so. With that discussion with Nancy Lanan, if you could come up, Mr. Schmitt. Joe Schmitt, would you come up, please. She agreed with your position about the fact that the way to get around this whole thing was how you schedule your roads and bring them to contract. COMMISSIONER COYLE: That's right. COMMISSIONER COLETTA: You can be very proud of the fact that you were ahead of the curve on that one. She did bring up some situations there that we have to be able to work around to be able to deal with that. Joe, what was that exactly you were going back to her about the disagreement between? MR. SCHMITT: The guidance -- COMMISSIONER COLETTA: The guidance. MR. SCHMITT: -- that she told us. Number one, we could keep the two-year window, but we still had to operate under -- and we had to bring back a prop. share, which basically, if they pay the prop. share, negates the two-year window for concurrency, as Commissioner Coyle -- his basic premise is. Page 255 March 14, 2006 I then asked her -- she said, you can get around the rule if you use the two-year window on the CIE but then withdraw the funding. And then, therefore, you take away an opportunity for prop. share. And I said, yes, I understand that, but that doesn't make sense because 360 requires a fiscally feasible plan. And she said, well, that's a good question. She didn't know the answer to that. So I said, how can we have a fiscally feasible plan if you remove money from the funding program? And we can move it out past the two-year window, which is what we're doing in the CIE. There's no problem with that. And moving in the window when, in fact -- and Norman certainly can explain -- when, in fact, we have either a contract, signed, sealed contract or actually guys out pushing dirt. But she said we could withdraw money and actually create almost a glitch or whatever ruling, which would allow us not to then _ - which would prevent an opportunity for pay and go, or prop. share. And I said, that doesn't make sense. I've got to have a fiscally feasible plan and I've got to present that every year to DCA as part of the CIE. And we haven't gotten -- I have not gotten an answer back from her on that -- on that when I tried to stump her. COMMISSIONER COYLE: And that's where they're going to tag you, because if they don't think your plan is fiscally feasible MR. SCHMITT: That's correct. COMMISSIONER COYLE: -- they're going to send it back, and that's where they've got their hooks into you. MR. SCHMITT: That's correct. COMMISSIONER COYLE: So whatever you do with proportionate share, they're going to kill you with the CIE and your five-year plan. And if they believe that you're withholding stuff Page 256 March 14,2006 artificially just to try to get to concurrency, they're going to jump all over us, and they're going to change the law, and we're going to be right back in the same box we were in before. MR. SCHMITT: And understand that the CIE is part of the annual submittals, of course it's part of a GMP amendment, which go through transmittal and adoption, and just as Commissioner Coyle just mentioned, if they're -- anybody perceives we're playing games with -- they're going to file an appeal. CHAIRMAN HALAS: That's what I said earlier about sets of books. COMMISSIONER FIALA: All kinds of lawsuits. MR. SCHMITT: So our only option right now for Commissioner -- what Commissioner Henning has stated, our only option, if everything goes as planned, certainly, we're going to live with 360, our only option is to figure out how we develop a prop. share ordinance that gets the -- certainly puts it back in our court. And we're still wrestling with that. And I'm looking at Norman because I know he's struggling with that. That's kind of his -- that's in his camp. MR. MUDD: And we'll work on that prop. share ordinance that we've got to have done before December of 2006, and we're working on that right now. The thing about the prop. share ordinance from what we've learned is, you cannot only make a fee or a criteria for future growth issues, like you do for an impact fee, can only be used for growth, but you also get back at past sins, and you can make them pay for past sins in that particular prop. share. So we can make it onerous, but, you know, it's going to be challenged, I believe. COMMISSIONER COYLE: Well, you see, the point is, we can do that right now, and we just did it down at 41 and 951. That's a developer agreement. And we can do that without proportionate Page 257 March 14, 2006 share, and we can do it better without proportionate share, quite frankly. What proportionate share does is give them -- once you negotiate it with them, it gives them the right to go, end of story. And there are going to be some restrictions on what you can put in there and -- whereas a development agreement, we can hold up the development until such time as it's done. But, you know, we've debated this before. We're not going to change their minds. COMMISSIONER COLETTA: Any way we can get there, we should do it. COMMISSIONER COYLE: That's right. That's exactly right. COMMISSIONER COLETTA: I don't know what good it's going to do to take it to the voters. We know what the will of the voters are. It's already there. How's that going to change what we can do? COMMISSIONER COYLE: Because I really don't believe that you'll get there using the methods that the people in Tallahassee are telling you to use. You cannot get there that way. And I think it can serve a purpose by supporting our position that if concurrency -- road transportation concurrency is a no-brainer and if it's something that everybody wants, why isn't it something that our legislators want and why can't they put it in the damned legislation. COMMISSIONER COLETTA: So this is direct towards Tallahassee? COMMISSIONER COYLE: It's directed toward anybody to get our concurrency rights in Collier County. COMMISSIONER FIALA: Well, wouldn't it also, by having a vote, it would send a strong message to Tallahassee, send a strong message to the development community that this is the way we're Page 258 March 14, 2006 going, period, whereas -- and it can't be broken because the voters have spoken, and that's why I'm seconding your motion. COMMISSIONER COYLE: Okay, good. Can we have a vote? CHAIRMAN HALAS: Any further discussion? COMMISSIONER COLETTA: Yes. You know, we're one county standing alone. Are you planning on trying to grow this to the whole state? COMMISSIONER COYLE: I think it would be a wonderful thing. COMMISSIONER COLETTA: No, seriously. We're going-- COMMISSIONER COYLE: I think it would be a wonderful thing, seriously. COMMISSIONER COLETTA: How about a state initiative on a state ballot? COMMISSIONER COYLE: I think that would be wonderful, too. COMMISSIONER COLETTA: Well, think about that way. COMMISSIONER COYLE: Yeah. COMMISSIONER COLETTA: You know, because I hate to spin my wheels and not go anyplace. COMMISSIONER COYLE: Well, it's not spinning wheels. You're just giving voters a chance to express their -- you always say that you like to hear the -- listen to the people, right? COMMISSIONER COLETTA: It's a state issue really. It would be great if -- COMMISSIONER COYLE: It's a Collier County issue to me. CHAIRMAN HALAS: Any direction from the county attorney on what we've got on the floor here, the direction that we're going? MR. WEIGEL: Well, I think the direction you have is clear Page 259 March 14, 2006 enough. And in regard to the question of growing it state-wide, is conceivably you could get other counties to do the same thing, to have a -- potentially have referenda in the time that's available to put it on the November ballot or September ballot, probably November ballot. So it's conceivable that it could grow in other places and have the same kind of value that it would here, that it's just a -- potentially a restatement of what we already know. The question of getting signatures for a state ballot, that's a big thing. That's a little different. You might want to talk to F AC about that. CHAIRMAN HALAS: My concerns are similar to -- on the same thin line as what Commissioner Coyle -- or Commissioner Coletta has. We're sure that the voters are going to tell us, yes, we want to make sure that the roads are in place, but what does that do for us as far as being able to come up with the legislation to offset the rules and regulations that may be set forth in Tallahassee? MR. WEIGEL: It's just a local sentiment. It's not a binding referendum. CHAIRMAN HALAS: Okay. COMMISSIONER COYLE: It gets the voters behind us in that objective, and it let's people know that it's more than just two or three commissioners who want this. It's a majority of people in Collier County who want it. COMMISSIONER FIALA: It's a stronger statement. COMMISSIONER COYLE: That's right, it makes it a lot stronger statement. And particularly since the commissioners are always squabbling about it. You know, we don't have a consistency of thought on this issue here. We say we want roads before development, but when you start talking about, well, how are we going to get there, you know, we're all over the place, you know. Page 260 March 14, 2006 CHAIRMAN HALAS: Okay. One more comment. COMMISSIONER COLETTA: Yes, one more time. And I hear where you're coming from. And, you know, you're absolutely correct. I just want to know we can get there. I don't want to do something that's just going to feel good. I'd like to hear a report back from our staff to be able to talk to Florida Association of Counties to see what's possible and what's doable, to come back and see if it's something we wanted to do on a statewide effort. It would actually be helping our own legislative people. COMMISSIONER COYLE: It would, it would. COMMISSIONER COLETTA: I mean, not going at it that we're trying to take the feet from underneath them. We're trying to do something that will enable them to be able to do what they want to do for Collier County, reaching out at the state level. COMMISSIONER COYLE: That's a very good point. The point is right now it's just us trying to get our state legislator -- our Southwest Florida legislators to do something for us, and they're going to fail because they don't have support from others. COMMISSIONER COLETTA: You've got it. There you are. COMMISSIONER COYLE: And so if we can get other counties to have similar referenda, then maybe they'll get some support from these other counties -- COMMISSIONER COLETTA: I'm sure. COMMISSIONER COYLE: -- so it will help our delegation. So -- and if we don't win it this time, it will help us win it next time. COMMISSIONER COLETTA: Why not shoot for the whole enchilada and go for the state right now? COMMISSIONER COYLE: Well, because I don't think we can get it done that quickly, but -- COMMISSIONER COLETTA: We don't know that. COMMISSIONER COYLE: But -- well, we shouldn't up -- hold Page 261 March 14, 2006 up our efforts to do it while we're trying to get other -- COMMISSIONER COLETTA: Can we do it dual? COMMISSIONER COYLE: Absolutely. I'd love to do that, yeah. I'd love to do that. CHAIRMAN HALAS: Okay. There's a motion on the floor by Commissioner Coyle and a second by Commissioner Fiala. COMMISSIONER COLETTA: What's the motion? CHAIRMAN HALAS: And the motion-- COMMISSIONER COYLE: Okay. I'm going to modified the motion slightly. I'm going to say that the motion is to give staff guidance to come up with a referendum question that essentially says to the people, do you want to see transportation -- roads available, road capacity available before development is approved, and then I am going to add Commissioner Coletta's suggestion that we begin to work through F AC to try to get other counties -- COMMISSIONER COLETTA: Legislators. COMMISSIONER COYLE: -- and their legislators, and to get other counties interested in doing the same thing. CHAIRMAN HALAS: Okay. COMMISSIONER FIALA: Now, let me just ask, when you said road capacity, you said road capacity, not roads built this time. Before you said roads built. COMMISSIONER COYLE: Well, if you add a lane to a road, I'm not sure you're talking about a road built, or if you're improving an intersection or you're improving a turn lane or you're doing something to improve capacity. COMMISSIONER FIALA: In other words, road capacity in places before development -- COMMISSIONER COYLE: Before development, that's right. COMMISSIONER FIALA: -- can be in? I just wanted to clarify that. Page 262 March 14, 2006 COMMISSIONER COYLE: That's right, yeah. COMMISSIONER FIALA: Okay. The second agrees. CHAIRMAN HALAS: Second agrees, okay. Any further discussion? (N 0 response.) CHAIRMAN HALAS: I'll call the question. All those in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: (Absent). CHAIRMAN HALAS: Those opposed, like sign? (No response.) CHAIRMAN HALAS: It's unanimous, four -- we have four commissioners, and it's four. COMMISSIONER COYLE: 4-1 -- 4-0. CHAIRMAN HALAS: 4-0. COMMISSIONER COYLE: And I have nothing further, Mr. Chair. COMMISSIONER COLETTA: Thank God. COMMISSIONER FIALA: Oh, wait. I have one thing to say. COMMISSIONER COYLE: We're adjourned. COMMISSIONER FIALA: In case my cousin is watching -- my cousin and his wife flew in from Atlanta today -- I can't come home for dinner because now I have to go to Canvassing Board, but welcome, George and Glenda. COMMISSIONER COYLE: You've been using that excuse for the Canvassing Board all day today. CHAIRMAN HALAS: Okay. We are adjourned. Page 263 March 14,2006 ***** Commissioner Coyle 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 THE WATER UTILITY FACILITY FOR AVE MARIA UNIVERSITY MULTI PURPOSE FACILITY AT THE VINEYARDS - W/RELEASE OF UTILITIES PERFORMANCE SECURITY Item #16A2 RECORDING OF THE FINAL PLAT OF "REFLECTION LAKES AT NAPLES PHASE 3H", APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY - W/STIPULATIONS Item #16A3 RECORDING OF THE FINAL PLAT OF "REFLECTION LAKES AT NAPLES PHASE 31", APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY - W/STIPULATIONS Item #16A4 RECORDING OF THE FINAL PLAT OF "BRISTOL PINES Page 264 March 14, 2006 PHASE I, TRACT "X-I", TRACT "R" AND TRACT "R-l", REPLA T" Item #16A5 RECORDING OF THE FINAL PLAT OF "COPPER COVE PRESERVE", APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY - W/STIPULATIONS Item # 16A6 - Continued Indefinitely RECOMMENDA TION TO GRANT FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF OLDE CYPRESS, UNIT ONE. THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED Item #16A7 RESOLUTION 2006-50: FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF "OLDE CYPRESS, UNIT THREE". THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED - W/RELEASE OF MAINTENANCE SECURITY Item #16A8 Page 265 March 14, 2006 RECORDING OF THE FINAL PLAT OF "REFLECTION LAKES AT NAPLES PHASE 3J", APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY - W/STIPULATIONS Item #16A9 RECORDING OF THE FINAL PLAT OF "REFLECTION LAKES AT NAPLES PHASE 3K", APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY - W/STIPULATIONS Item #16AI0 RECORDING OF THE FINAL PLAT OF "REFLECTION LAKES AT NAPLES PHASE 3G", APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY - W/STIPULATIONS Item #16Al1 COUNTY MANAGER OR HIS DESIGNEE TO SUBMIT A GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF INVASIVE PLANT MANAGEMENT (BIPM) FOR CONTRACTOR SERVICES TO FUND INVASIVE EXOTIC VEGETATION REMOVAL ON THE CONSERVATION COLLIER W A TKINS- Page 266 March 14,2006 JONES PROPERTY ($21,000) - TO PROTECT AND CONSERVE WETLANDS AND ENDANGERED WILDLIFE SPECIES Item #16A12 COUNTY MANAGER OR HIS DESIGNEE TO SUBMIT A GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF INVASIVE PLANT MANAGEMENT (BIPM) FOR CONTRACTOR SERVICES TO FUND INVASIVE EXOTIC VEGETATION REMOVAL ON THE CONSERVATION COLLIER MCINTOSH PROPERTY ($50,000) - TO PROTECT AND CONSERVE WETLANDS AND ENDANGERED WILDLIFE SPECIES Item #16A13 IMPACT FEE REIMBURSEMENT REQUESTED BY PJM LIMITED PARTNERSHIP, LLLP TOTALING $212,114.56 DUE TO THE APPROVAL OF AFFORDABLE HOUSING IMP ACT FEE DEFERRAL AGREEMENTS - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A14 CONTRACT AMENDMENT, TO CONTRACT NUMBER 04-3682 "CONSULTANT SERVICES FOR IMPACT FEE STUDIES - LAW ENFORCEMENT" WITH TINDALE-OLIVER AND ASSOCIATES, INCORPORATED, IN THE AMOUNT OF $6,900 TO PROVIDE FOR REQUIRED UPDATES TO THE COST AND CREDIT COMPONENTS OF THE IMPACT FEE STUDY Page 267 March 14, 2006 Item #16A15 LEASE AGREEMENT WITH CPOC REALTY, LLC FOR OFFICE SPACE TO ACCOMMODATE THE HOUSING AND GRANTS SECTION OF THE OPERATIONS SUPPORT AND HOUSING DEPARTMENT AT A FIRST YEAR'S ANNUAL COST FOR RENT AND COMMON AREA MAINTENANCE FEES OF $70~957.76 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A16 CARNIVAL PERMIT 2006-03: PETITION CARNY-06-AR-9211, PEG RUBY, MARKETING/SPECIAL EVENTS COORDINATOR, COLLIER COUNTY PARKS AND RECREATION DEPARTMENT, REQUESTING A PERMIT TO CONDUCT THE ANNUAL EAGLE LAKES COMMUNITY PARKS SPRING FEST ON MARCH 30 THROUGH APRIL 2,2006, AT THE EAGLE LAKES COMMUNITY PARK LOCATED AT 11565 T AMIAMI TRAIL EAST - W/W AIVING OF THE SURETY BOND Item #16A17 CARNIVAL PERMIT 2006-04: PETITION CARNY-06-AR-9285, ELLEN BARKIN, COMMUNITY CENTER SUPERVISOR, COLLIER COUNTY PARKS AND RECREATION DEPARTMENT, REQUESTING A PERMIT TO CONDUCT THE GOLDEN GATE COMMUNITY FESTIVAL ON MARCH 23 THROUGH MARCH 26, 2006, AT THE GOLDEN GATE COMMUNITY CENTER, LOCATED AT 4701 GOLDEN GATE PARKWAY - W/WAIVING OF THE SURETY BOND Page 268 Item #16A18 March 14, 2006 FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY FOR CANTERBURY FACILITY - AVE MARIA UNIVERSITY AT THE VINEYARDS - W/RELEASE OF UTILITIES PERFORMANCE SECURITY Item #16A19 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR QUAIL WEST PHASE 3 UNIT 4- W/REDUCTION OF UTILITIES PERFORMANCE SECURITY Item #16A20 RECORDING OF THE FINAL PLAT OF "QUARRY PHASE 2", APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY - W/STIPULATIONS Item #16B1 BID #05-3899, "LIVINGSTON ROADWAY LIGHTING MAINTENANCE CONTRACT", TO KENT TECHNOLOGIES, INC. ($86,000) - TO PROVIDE SERVICES AND MATERIALS NECESSARY TO REPAIR, MAINTAIN AND INSTALL ROADW A Y LIGHTING Item #16B2 Page 269 March 14, 2006 AN AGREEMENT TO CONSTRUCT A SOUND ATTENUATION WALL AND AUTHORIZE THE ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENTS NECESSARY FOR CONSTRUCTION OF THE SOUND ATTENUATION WALL AS PART OF THE FOUR-LANE EXPANSION OF COUNTY BARN ROAD FROM RATTLESNAKE HAMMOCK ROAD TO DAVIS BOULEVARD. (CAPITAL IMPROVEMENT ELEMENT NO. 33, PROJECT NO. 60101). ESTIMATED FISCAL IMPACT: $340,000.00, WHICH WILL BE INCLUDED IN THE COST OF CONSTRUCTION WHICH WILL BE PRESENTED TO THE BOARD AS PART OF THE EXECUTIVE SUMMARY FOR THE BID AWARD Item # 16B3 CONVEYANCE OF RIGHT-OF-WAY VIA QUITCLAIM DEED WHICH IS REQUIRED FOR INTERSECTION IMPROVEMENTS AT DAVIS BOULEVARD AND LAKEWOOD BOULEVARD, PROJECT NUMBER 60016 (FISCAL IMPACT: $527.00) Item #16B4 ADOPT-A-ROAD AGREEMENT (1) FOR THE FOLLOWING: REMEMBRANCE OF CARMEN SARMIENTO - AT NO COST TO THE COUNTY BECAUSE OF ALREADY EXISTING SIGNS Item #16B5 - Continued to April 25, 2006 BCC Meeting NEW STAFF SERVICES AGREEMENT BETWEEN COLLIER COUNTY GOVERNMENT AND THE COLLIER Page 270 March 14, 2006 METROPOLITAN PLANNING ORGANIZATION - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16B6 SOLE-SOURCE PURCHASE OF "CARTEGRAPH" COMPUTER SOFTWARE LICENSES AND IMPLEMENTATION SERVICES FOR ASSET MANAGEMENT FOR THE COLLIER COUNTY TRANSPORTATION DIVISION TRAFFIC OPERATIONS DEPARTMENT. FISCAL IMPACT: $93,100.00 - TO BETTER UTILIZE THEIR EXISTING ASSET/WORK MANAGEMENT SYSTEM FOR SIGNS, SIGNALS, LIGHTING, SIGNAL CONTROLLERS AND OTHERS ASSETS Item #16B7 RESOLUTION 2006-51: CHAIRMAN TO SIGN (1) A LANDSCAPING INSTALLATION AND MAINTENANCE HIGHWAY AGREEMENT WITH THE FLORIDA DEP ARMENT OF TRANSPORTATION (FDOT) FOR MEDIAN AND ROADSIDE LANDSCAPE IMPROVEMENTS ALONG US 41 NORTH, BETWEEN IMMOKALEE ROAD AND WIGGINS PASS ROAD; AND (2) A FDOT-REQUIRED RESOLUTION EVIDENCING THAT THE BOARD HAS APPROVED AND AUTHORIZED THE CHAIRMAN TO SIGN THIS AGREEMENT Item #16Cl RESOLUTION 2006-52: TO APPROVE THE SATISFACTIONS OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND Page 271 March 14, 2006 SAID LIENS ARE SATISFIED IN FULL FOR THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $30.00 TO RECORD THE SATISFACTIONS OF LIEN Item #16C2 RESOLUTION 2006-53: TO APPROVE THE SATISFACTIONS OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $30.00 TO RECORD THE SATISFACTIONS OF LIEN Item #16C3 RESOLUTION 2006-54: TO APPROVE THE SATISFACTIONS OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $50.00 TO RECORD THE SATISFACTIONS OF LIEN Item #16C4 RESOLUTION 2006-55: TO APPROVE THE SATISFACTIONS OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1994 SOLID Page 272 March 14, 2006 WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $110.00 TO RECORD THE SATISFACTIONS OF LIEN Item # 16C5 RESOLUTION 2006-56: TO APPROVE THE SATISFACTIONS OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY AHS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $90.00 TO RECORD THE SATISFACTIONS OF LIEN Item #16C6 RESOLUTION 2006-57: TO APPROVE THE SATISFACTIONS OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $120.00 TO RECORD THE SATISFACTIONS OF LIEN Item #16C7 CHANGE ORDER IN THE AMOUNT OF $77,768.52 TO CONTRACT 04-3680 WITH BELAIR BUILDERS, INC. FOR INSTALLATION OF COLLIER BOULEVARD (CR- 951 )/V ANDERBIL T BEACH ROAD (CR-862) 16" FORCE MAIN, PROJECT NUMBERS 73085 AND 73086 - TO PROVIDE Page 273 March 14, 2006 WASTEWATER COLLECTION FACILITIES TO MEET DEMAND IN THE NORTHERN REGION OF THE COUNTY Item #16Dl AGREEMENT FOR SALE AND PURCHASE TO ACQUIRE A RESIDENTIAL LOT FOR EXPANSION OF THE COUNTY'S BA YVIEW PARK AT A COST NOT TO EXCEED $252,700, PROJECT 800601 - TO PROVIDE BEACH AND BOAT ACCESS OPPORTUNITIES FOR THE COMMUNITY Item #16D2 RECOGNIZE ADDITIONAL REVENUE AND APPROVE A BUDGET AMENDMENT FOR AN ADDITIOANL $19,592 AUTHORIZED BY THE STATE AID TO LIBRARY PROGRAM FOR COLLIER COUNTY PUBLIC LIBRARY - TO IMPROVE LIBRARY SERVICES WITHIN THE STATE Item #16D3 GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES FOR $9,980 FOR "ASSISTIVE EQUIPMENT FOR VISION & HEARING IMPAIRED PATRONS" - TO IMPROVE THE LEVEL OF LIBRARY SERVICE PROVIDED TO ITS PHYSICALLY CHALLENGED Item #16D4 - Moved to Item #10F Item #16E1 Page 274 March 14, 2006 REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS TO BOARD-APPROVED CONTRACTS - TO COVER THE PERIOD OF JANUARY 20, 2006 THROUGH FEBRUARY 17~ 2006 Item #16E2 BID NO. 06-3943, EMPLOYMENT PHYSICALS & DRUG TESTING TO ANCHOR HEALTH CENTERS, INC. IN THE AMOUNT OF $35,000 - FOR POST OFFER JOB CANDIDATES AND ACTIVE EMPLOYEES Item #16E3 RESOLUTION 2006-58: LEASE AGREEMENT WITH SENATOR MEL MARTINEZ FOR USE OF OFFICE SPACE AT THE GOVERNMENT CENTER FOR AN ANNUAL RENT OF $4,248 - COMMENCING ON APRIL 1,2006 AND TERMINATING ON JANUARY 2~ 2008 Item #16Fl BUDGET AMENDMENTS - FUNDS ARE NEEDED FOR MINOR OFFICE EQUIPMENT COSTS AND INCREASED COSTS IN WATER/SEWER AND ELECTRICITY Item #16F2 FLORIDA EMERGENCY MEDICAL SERVICES MATCHING GRANT APPLICATION AND GRANT DISTRIBUTION FORM Page 275 March 14,2006 FOR THE POWER COTS PROGRAM IN THE AMOUNT OF $293,384.00 - TO PROVIDE EQUIPMENT (31 POWER COTS) THAT ARE PROPERLY DESIGNED AND FUNCTIONAL FOR THE TASK OF MOVING PATIENTS/VICTIMS Item # 16F3 FLORIDA EMERGENCY MEDICAL SERVICES MATCHING GRANT APPLICATION AND GRANT DISTRIBUTION FORM FOR THE STAIR CHAIR PROGRAM IN THE AMOUNT OF $64,948.10 - TO PROVIDE EQUIPMENT (31 STAIR CHAIRS) THAT ARE PROPERTY DESIGNED AND FUNCTIONAL FOR THE TASK OF MOVING PATIENTS/VICTIMS Item # 16G 1- Continued Indefinitely RECOMMENDATION TO APPROVE THE CREATION OF ONE 0.5 FULL TIME EQUIVALENT (FTE) EMPLOYEE FOR THE MARCO ISLAND EXECUTIVE AIRPORT Item #16Hl PAYMENT FOR REIMBURSEMENT FOR COMMISSIONER HALAS TO ATTEND THE GULF CITRUS BEST MANAGEMENT PRACTICES KICKOFF EVENT ON FEBRUARY 1,2006 AT A DUDA & SONS, STATE ROAD 29, IN HENDRY COUNTY; $10.00 TO BE PAID FROM COMMISSIONER HALAS ' TRAVEL BUDGET - SERVING A VALID PUBLIC PURPOSE Item #1611 Page 276 March 14, 2006 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED: The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page 277 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE MARCH 14, 2006 1. 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) February 4, 2006 through February 10, 2006. (2) February 11, 2006 through February 17, 2006. (3) February 16, 2006 through February 24, 2006. B. Districts: (1) Port of the Islands Community Improvement District: Minutes of December 16, 2005; Agenda for December 16, 2005. C. Minutes: (1) Bayshore Beautification MSTU Advisory Committee: Minutes of Special Meeting on January 26, 2006; Minutes of February 8, 2006; Agenda of February 8, 2006. (2) Collier County Planninq Commission: Agenda of February 16, 2006; Minutes of December 15, 2005; Cancellation Notice of.. March 2,2006 Meeting; Agenda for New Member Orientation of March 2, 2006. (3) Historical/Archaeological Preservation Board: Agenda of February 15, 2006; Minutes of January 18, 2006. (4) Land Acquisition Advisory Committee: Agenda of February 13, 2006; Minutes of January 17, 2006. H:\DATA\FRONT DESK - 2006\2006 Miscellaneous Correspondence\3.14.06 Misc. Corresp.doc (5) Parks and Recreation Advisory Board: Agenda and Minutes of February 6, 2006; Agenda and Minutes of Special Meeting on February 8, 2006; Agenda and Minutes of February 15, 2006; (6) Pelican Bay Services Division: Agenda of March 1, 2006; Minutes of February 1, 2006; (a) Budaet Sub-Committee: Agenda of February 15, 2006; Agenda and Minutes of September 21, 2005; Minutes of February 15, 2006. (7) Environmental Advisory Council: Agenda of March 1,2006; Minutes of February 1, 2006. (8) Domestic Animal Services Advisory Committee: Minutes of November 15, 2005; Minutes of January 17, 2006. (9) Vanderbilt Beach MSTU Advisory Committee: Agenda of March 2, 2006; Minutes of February 2, 2006. (10) Collier County Productivity Committee: Agenda and Minutes of January 18, 2006. (a) Operational. Efficiency and Effectiveness Subcommittee: Minutes of October 13, 2005. (11) Collier County Code Enforcement Board: Minutes of January 26, 2006. (12) Forest Lakes MSTU Advisory Committee: Agenda of March 8, 2006; Minutes of February 8, 2006. H:\DATA\FRONT DESK - 2006\2006 Miscellaneous Correspondence\3.14.06 Misc. Corresp.doc ---'-""'""---_.........-.,-_.~ March 14, 2006 Item #16Jl DOCUMENT FOR TENTH YEAR STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) GRANT FUNDS - TO COVER THE COSTS ASSOCIATED WITH INCARCERATION OF ALIENS Item #16J2 - Moved to Item #13A Item #16Kl OFFER OF JUDGMENT IN THE AMOUNT OF $12,000.00 AS TO PARCELS 124 AND 724 IN THE LAWSUIT STYLED COLLIER COUNTY V. RICHARD D. LYONS AS TRUSTEE OF LAND TRUST NO. 11304, ET AL., CASE NO. 04-3779-CA (IMMOKALEE ROAD PROJECT NO. 66042). (FISCAL IMPACT $2~800.00) Item #16K2 EXTENSION OF TIME TO CONCLUDE F.S. CHAPTER 164 PROCEEDINGS AND APPROVE STIPULATION FOR EXTENSION OF TIME IN REFERENCE TO THE INVERSE CONDEMNATION LAWSUIT OF BERNARD J. AND HELEN R. NOBEL, AND VINCENT D. DOERR VS. COLLIER COUNTY, IN CASE NO. 05-0064-CA FOR FURTHER ATTEMPTS BY THE STAFFS OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT, THE STATE OF FLORIDA DIVISION OF LANDS, AND THE COUNTY TO REACH AN AGREEMENT IN THE MATTER - AS DETAILED IN THE EXECUTIVE SUMMARY Item#17A Page 278 March 14,2006 RESOLUTION 2006-59: PETITION SNR-2005-AR-8899, BY BEAZER HOMES, REPRESENTED BY SCOTT OSMOND, REQUESTING A STREET NAME CHANGE FROM INLET COVE COURT TO BLOSSOM COURT FOR PROPERTY IN VALENCIA LAKES PHASE 7-A, LOCATED WITHIN SECTIONS 22 AND 23, TOWNSHIP 48 SOUTH~ RANGE 27 EAST ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:40 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL _S:;:'"~-:2e / FRANK HALAS, CHAIRMAN ATTEST: DWIGHT"E'.~ROCK, CLERK BY~. W", .'~."';Q.. .......~........'.'.:....... {J~ . .' l ~ asw.. ,,.. t t1~.Ml" ~ .~ .j' r.-. ; \ II' J '. ,.' .'''/ "" .. I' ",' These minutes approved by the Board on Yc::L\ - ~lo or as corrected -- , as presented TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. Page 279 __........"... ...~.......,_'"'.","',...._,._..~ """'_-"_"'_""~'__'o>,".",,,.<_,_,___"'.'"'M''''''''''' "~-'~'--'"~"~.'...,.-'