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BCC Minutes 10/10/2006 R October 10,2006 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, October 10, 2006 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board( s) of such special district as has been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Frank Halas Jim Coletta Fred W. Coyle Donna Fiala Tom Henning ALSO PRESENT: Jim Mudd, County Manager David Weigel, County Attorney Crystal Kinzel, Office of the Clerk of Court Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA October 10, 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. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. 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 Page 1 October 10, 2006 OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO THREE (3) 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 IMP AIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. September 12, 2006 - BCC/Regular Meeting C. September 13,2006 - BCC/Regular Meeting Carryover from September 12, 2006 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) Advisory Committee Service Awards A. 5- Year Recipients 1) Lindy Adelstein, Collier County Planning Commission 2) Paul Midney, Collier County Planning Commission 3) Mark Strain, Collier County Planning Commission B. 25 Year Attendees 1) Harold Huber, PUED Page 2 October 10, 2006 4. PROCLAMATIONS A. Proclamation to wish Edison College great success in the upcoming Heart and MS Walks. To be accepted by a representative of Edison College. B. Proclamation designating October 28,2006 as NAACP Freedom Fund Day. To be accepted by Laverne Franklin and Harold Weeks. C. Proclamation recognizing October 10, 2006 as Put The Brakes On Fatalities Day. To be received by members of the Collier County Transportation Dept., Collier County Sheriffs Office, Naples Police Dept. and Florida Highway Patrol. 5. PRESENTATIONS A. Presentation of the Advisory Committee Outstanding Member A ward to Lawrence M. Baytos, County Government Productivity Committee. B. Report and thank you by Jeannette Showalter to the Board of County Commissioners regarding the MSBU for Naples Park Lake. (Commissioner Halas) C. Presentation from the Substance Abuse Coalition of Collier County to Parks and Recreation Director Barry Williams. To be presented by Collier County Court Judge Lauren Brodie and Undersheriff Kevin Rambosk. D. To recognize Allen Madsen for his exceptional performance as the on-site representative of Collier County and ambassador to the public for the Collier County/City of Naples 2006 Beach Renourishment Project. E. To recognize Gary McAlpin for his exceptional leadership and management of the Collier County/City of Naples 2006 Beach Renourishment Project. 6. PUBLIC PETITIONS A. Public Petition request by Richard Gazzerro and Thomas Ramsey to discuss code violations for the Shirley Street Antique Mall. Page 3 October 10, 2006 B. Public petition request by Nancy Payton to discuss lobby registration and disclosure of lobbyist's clients. C. Public Petition request by Mr. John Swasey regarding impact fees. Item 7 and 8 to be heard no sooner than 1 :00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Recommendation that the Board of County Commissioners deny Petition A VESMT -2006-AR- 9918, which seeks to vacate the County's and the Publics interest in Gulf Shore Court and a portion of Center Street, according to the plat of Vanderbilt Beach Center, as recorded at Plat Book 3, Page 16, Public Records of Collier County, Florida, and as more specifically described in Exhibit A. B. This item was continued from the September 12. 2006 BCC meetine: and has been requested bv the petitioner to be further continued. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ-A-2005-AR-8438: Lakeview Drive of Naples, LLC, represented by Clay Brooker, ofCheffy, Passidomo, Wilson & Johnson, LLP, requesting a rezone from the Residential Multiple Family-6 (RMF-6 & RMF-6(3)) zoning districts (a portion of which is subject to a Special Treatment Overlay (ST)) to the Residential Planned Unit Development (RPUD) by amending the approved Windstar PUD to add the subject 20.52 acres and its additional residential units thereby allowing a maximum of 584 residential units on 341.1 acres. The subject property is generally located on the west side of Bayshore Drive, approximately 0.6 miles south of the Bayshore Drive and U.S. 41 (Tamiami Trail East) intersection in Sections, 11, 14 and 23 Township 50 South, Range 25 East, Collier County, Florida. C. Recommendation that the Board of County Commissioners adopt 1) a Resolution revising the Collier County Water-Sewer District Utilities Standards Manual and 2) an Ordinance amending the Collier County Utilities Standards and Procedures Ordinance, Project Number 70202. Page 4 October 10, 2006 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Black Affairs Advisory Board. B. Appointment of member to the Tourist Development Council. C. Appointment of members to the Historical/Archaeological Preservation Board. 10. COUNTY MANAGER'S REPORT A. This item to be heard at 11 :00 a.m. This item continued from the September 26, 2006 BCC Meeting. Recommendation to consider a recommendation from the Habitat Conservation Plan Advisory Committee to implement a Red-Cockaded Woodpecker Compliance Plan (Bill Lorenz, Director, Environmental Services) B. Recommendation to Modernize and Update The County's Purchasing Policy. (Steve Carnell, Director, Purchasing) C. Recommendation to approve and execute an Agreement for Sale and Purchase with Morande Enterprises, Inc. for the purchase of 10.04 improved acres on Radio Road and Davis Boulevard for Collier Area Transit and Para Transit operations with fleet maintenance at a cost not to exceed $8,570,000. (Norman Feder, Administrator, Transportation Services) D. Recommendation to approve and execute the attached Joint Participation Agreement (JP A) with Florida Department of Transportation in the amount of $285,375 to provide operational funding for improved frequency of service on Collier Area Transits existing Red Route and to consider approval of early start-up service. (Norman Feder, Administrator, Transportation Services) E. Recommendation to approve an amendment to the Local Housing Assistance Plan (LHAP) for fiscal years 2004-2005, 2005-2006 and 2006-2007, including new and updated strategies, an increase in the maximum allowable home sales price, and other changes as required by new state law and approved all necessary budget amendments. (Cormac Giblin, Housing & Grants Manager, Community Development) Page 5 October 10, 2006 F. Recommendation that the Board of County Commissioners accept the recommendations of the Special Master Review Board (SMRB) to renew the contract with Brenda C. Garretson under RFP #04-3677 - Special Master Services for Collier County. (Michelle Arnold, Director, Code Enforcement) G. Recommend approval of the award ofRFP # 06-4007 and corresponding Agreement between Collier County and Paradise Advertising and Marketing, Inc. for Tourism Marketing Services. (Jack Wert, Director, Tourism Department) H. This item was continued from the September 26, 2006 BCC meeting. Recommendation to adopt a Resolution repealing all previous resolutions establishing and amending parts of the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy and establishing the policy effective October 1, 2006. (Marla Ramsey, Administrator, Public Services) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Waterways of Naples Unit Page 6 October 10, 2006 Five. The roadway and drainage improvements will be privately maintained. Resolution 2006-260 2) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Waterways of Naples Unit Six. The roadway and drainage improvements will be privately maintained. Resolution 2006-261 3) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Waterways of Naples Unit Seven. The roadway and drainage improvements will be privately maintained. Resolution 2006-262 4) Recommendation to approve for recording the final plat of Mediterra Phase Three East Unit Three 5) Recommendation to approve for recording the final plat of Ave Maria Unit 9, Del Webb Parcels 101, 103, 104 & 105, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 6) Recommendation that the Board of County Commissioners approve a reimbursement of a portion of the impact fees paid for Handsome Harrys Third Street Bistro, in the amount of$28,305.l2, due to a change in the calculation of the impact fees applicable to the project and the resulting over-payment of impact fees and authorizing a change in policy for the assessment of impact fees for mixed use commercial buildings, consistent with the recommendations of the Coumty's impact fee consultants and legal counsel. 7) Recommendation to approve for recording the final plat of Ave Maria Unit Two, Park of Commerce, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 8) Recommendation to affirm the approval of a United States Fish and Wildlife Cooperative Agreement 40l8l6J09l for a Derelict Vessel Page 7 October 10, 2006 Removal Grant and approval of the necessary budget amendments to recognize and appropriate grant revenue in the amount of $31,000. B. TRANSPORTATION SERVICES 1) Recommendation to award Bid # 06-4030 to Motorola Central Control Irrigation Supplies and Services to Contemporary Controls & Communications, Inc. and Ag- Tronix. The annual expenditures are estimated to be $250,000. 2) Recommendation to award Bid No. 06-4035 to Quality Enterprises USA, Inc. for the Riviera Golf Estates Lake Interconnect Fleur De Lis Lane, Project Number 511351 in the amount $120,000 3) Recommendation to award Bid #06-4031 Installation and Maintenance of Traffic Signals, to Kent Technologies, Inc. and Southern Signal & Lighting. 4) Recommendation that the Board of County Commissioners approve five (5) Adopt-a-Road Program Agreements with two (2) roadway recognition signs at a total cost of $150.00. The other signs already exist. 5) Recommendation to approve a Developer Contribution Agreement between Tousa Homes INC., collectively referred to as "Tousa, and Collier County, herein referred to as County, for the construction of a public road from Whippoorwill Lane to Livingston Road. 6) Recommendation that the Board accept a donation from The Halstatt Partnership for the additional plantings along Golden Gate Parkway up to the amount of$101,821.89. Resolution 2006-263 C. PUBLIC UTILITIES 1) Recommendation that the Board of County Commissioners, as Ex- Officio the Governing Board of the Collier County Water-Sewer District, declare the Rating Agency Presentations a valid and proper public purpose and approve the expenditure for an on-site luncheon presentation meeting in a sum not to exceed $700.00. Page 8 October 10, 2006 2) Recommendation to approve Work Order ICTSCADA-39l6-MAC- 06-04 in the amount of$98,5l3 to McKim & Creed, P. A. under Annual Contract 06-3916 for the South County Water Reclamation Facility SCADA Improvements, Project 73964. 3) Recommendation to approve Work Order ICTSCADA-39l6-MAC- 06-05 in the amount of $90,493 to McKim & Creed, P. A. under Annual Contract 06-3916 for SCADA System Upgrades at the South County Regional Water Treatment Plant, Project 70124. 4) Recommendation to approve a Developer Contribution Agreement with DiV osta Homes, LP in the amount of $40, 148.64 for installation of upsized wastewater facilities along Collier Boulevard (CR-951 ) from Rattlesnake Hammock Road to Sabal Palm Road, Proj ect Number 73946. 5) Recommendation to approve Work Order QGM-FT-3290-07-0l to Q Grady Minor for the engineering services in the amount of $221,150 for the design, preparation of construction plans, and construction inspection for upgrade of four master pump stations, and two lift stations, Project 72546, and Project 73970. 6) Recommendation to approve Budget Amendment to transfer funds in the amount of$120,000 from Project 739491, South County Water Reclamation Facility (SCWRF), Expansion 2001 to Project 725321, North County Water Reclamation Facility (NCWRF) Rehabilitation. D. PUBLIC SERVICES 1) Recommendation that the Board of County Commissioners sign an agreement with Collier Health Services, Inc. for $235,180 ofFY 07 funds to participate as a local match for the Low Income Pool Program for services provided on behalf of the Human Services Department in order to generate an additional $324,773 in Federal matching funds to be paid directly to CHSI for services for the most medically needy in Collier County. 2) Recommendation to approve the submittal of the attached University of Florida Integrated Pest Management Program grant application to Page 9 October 10, 2006 the University of Florida Institute for Food and Agricultural Science for an Urban IPM at the farmers market project totalling $3,650 and any necessary budget amendments. 3) Recommendation to waive formal competition to approve contracting with Weller Pools Inc. to install a 32 Aquatube Slide at a cost of $183,304.25. E. ADMINISTRATIVE SERVICES 1) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. 2) Recommendation to approve the award of Bid # 06-4045 "On-Call Overhead Door and Automatic Gate Contractor for Annual Service and Repairs" to Action Automatic Door, Inc., and Garage Doors of Naples, Inc. F. COUNTY MANAGER 1) Recommend approval of Work Order No. HM-FT-3902-06-04 for Wiggins Pass Modeling Proposal and regulatory permitting as proposed by Humiston & Moore on April 11, 2006 on a Time and Material basis not to exceed $120,935 and authorize the County Manager or his designee to sign Work Order No. HM-FT-3902-06-04. 2) Recommendation to approve the Annual Technical Support and Maintenance Renewal Contract for EMS Solutions 2000 through Healthware Solutions in the amount of$29,010 for FY07. 3) Recommendation to approve a Memorandum of Agreement between the State of Florida Department of Health and Emergency Medical Services as the CHEMP ACK Cache Location for the purpose of responding to acts of chemical emergencies posing a public health cnSIS. 4) Recommendation to accept an awarded Volunteer Fire Assistance Matching (50/50) Grant from the Florida Division of Forestry for the purchase of wildfire protective clothing and approval of necessary Page 10 October 10, 2006 budget amendments to recognize and appropriate revenue in the amount of $5,558. 5) Recommendation to approve Grant Agreement #07-DS-5N-09-2l-0 1 between the Florida Department of Community Affairs and Collier County accepting $50,591 to fund Homeland Security and Emergency Preparedness Initiatives and approve a Budget Amendment to recognize and appropriate the grant funds 6) Recommendation to approve an Agreement between Collier County and the Florida Department of Community Affairs accepting $105,806 for Emergency Management Program Enhancement. 7) Approve Budget Amendments 8) Recommend Approval of three (3) Tourist Development C-2 Grant Applications and corresponding revised Tourism Agreements with the Childrens Museum of Naples ($175,000), Naples Art Association ($38,000) and Naples Botanical Garden, Inc. ($112,550) for a total of $325,550. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attend the 6th Annual Golden Key Gala - Black & White Ball on Saturday, October 21st, 2006, Naples, FL; $115.00 to be paid from Commissioner Fiala's travel budget. 2) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the United Way of Collier County 2006 Campaign Recognition Breakfast at the Hilton Naples on October 11,2006. 3) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Foundation For Developmentally Page 11 October 10, 2006 Disabled, Inc.'s Dinner and Auction on October 28, 2006 and is requesting reimbursement in the amount of$75.00, to be paid from his travel budget. 4) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Physicians Led Access Network (PLAN) of Collier County on October 14, 2006 and is requesting reimbursement in the amount of $50.00, to be paid from his travel budget. 5) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the United Way of Collier County 2006 Campaign Recognition Breakfast on October 11,2006 and is requesting reimbursement in the amount of $20.00, to be paid from his travel budget. 6) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the 2007 Leadership Collier Class Round table Discussion Luncheon and is requesting reimbursement in the amount of$15.00, to be paid from his travel budget. 7) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the League of Women Voters Luncheon on Friday, October 4th at 12:00 noon at the Collier Athletic Club; $16.00 to be paid from Commissioner Fiala's travel budget. 8) Commissioner Fiala requests Board Approval for reimbursement for attending a function serving a valid public purpose. Attend the Collier Citizen of the Year 2006 Banquet on Friday, November 10th, 2006, at The Club at The Strand; $35 to be paid from Commissioner Fiala's travel budget. 9) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Florida Association of Counties Legislative Policy Page 12 October 10, 2006 Committee Meeting at the Sheraton Sand key Resort in Clearwater Beach, Florida September 27-29, 2006. 10) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner Coletta paid in advance to attend the lmmokalee Chamber of Commerce Silent Auction and Dinner on September 30, 2006 and is requesting reimbursement in the amount of $50.00, to be paid from his travel budget. 11) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Florida Association of Counties Legislative Policy Committee Meeting at the Sheraton Sand key Resort in Clearwater Beach, Florida September 27-29, 2006. As the Vice Chair of the Growth, Environmental Planning & Agriculture Committee, I chaired the meeting in the absence of the Chair. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the Board of County Commissioners approve the use of Confiscated Trust Funds for Crime Prevention. 2) Recommend that the Board of County Commissioners approve the use of Confiscated Trust Funds for Drug Abuse Education and Prevention. K. COUNTY ATTORNEY 1) Recommendation to authorize the Office of the County Attorney to initiate foreclosure proceedings pursuant to Section 162.09, Florida Statutes, in relation to to six (6) Collier County Code Enforcement liens, arising from Code Enforcement Board Case Nos. CEB 2001-55, CEB 2001-58, CEB 2003-01, CEB 2003-02, and CEB 2004-14, all of which cases are entitled Board of County Commissioners, Collier County, Florida vs. Claude (or Jean Claude) Martel. Page 13 October 10, 2006 2) Recommendation to Approve a Stipulated Final Judgment in the Amount of $75,000.00 for the Acquisition of Parcels 110 and 710 in the Lawsuit Styled Collier County v. NB Holdings Corporation, et aI., Case No. 06-0658-CA (Santa Barbara Boulevard Project No. 62081). Fiscal Impact: $32,636. 3) Recommendation to Approve an Agreed Order for Payment of Expert Fees in Connection with Parcel 140 in the Lawsuit Styled Collier County v. Rosa A. Hernandez, et aI., Case No. 05-l033-CA (CR 951, Project No. 65061) Fiscal Impact: $15,300.00. 4) Recommendation that the Board of County Commissioners Approve a Settlement Agreement and a Stipulated Final Judgment in the Amount of $284,400 for the Acquisition of Parcels 146 and 746 in the Lawsuit Styled Collier County v. April Circle, Ltd., et aI., Case No. 04-3679- CA, Immokalee Road Project #66042. (Fiscal Impact: $116,078.50) 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 PARTICIPANTS 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-2006-AR-9993, by Blackstone Estates, represented by Wilson Garcia, P. E. ofQ. Grady Minor & Associates, requesting a street name change from Bears Way to Acorn Way for property in Black Bear Ridge Phase 1, located within Section 34, Township 48 South, Range 26 East. Resolution 2006-264 Page 14 October 10, 2006 B. This item continued from the September 26. 2006 BCC Meetine:. Recommendation that the Board of County Commissioners adopt an Ordinance amending Section 74-202 of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) by providing for a change in the time period allowed for requesting an impact fee reimbursement, consistent with limitations set forth by the Florida Statutes. Ordinance 2006-43 C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2005-AR-7834 Black Bear Properties of FL, LLC, represented by Tim Hancock, Planning Director of Davidson Engineering, Inc., is requesting a rezone from the Estates, Wellfield Risk Management Special Treatment Overlay Zone W-l zoning district (E-ST/WS1) to the Commercial Planned Unit Development (CPUD) zoning district for C-3 Intermediate Commercial land uses, which can provide a variety of services with a common architectural theme, as regulated in the Neighborhood Commercial Center of the Golden Gate Area Master Plan (GGAMP). The subject property, consisting of 4.86 acres, is located at the southwest corner of the intersection of Golden Gate Boulevard and Wilson Boulevard, in Section 9, Township 49 South, Range 27 East, Collier County, Florida. Ordinance 2006-44 D. Recommendation to amend the State Housing Initiative Partnership (S.H.I.P.) Residential Rehabilitation Program through Chapter 114 of the Countys Code of Laws to reflect improved administrative procedures and organizational changes. Ordinance 2006-45 E. Recommendation to amend the State Housing Initiative Partnership (S.H.I.P.) Down Payment Assistance Program through Chapter 114 of the Countys Code of Laws to reflect improved practices and organizational changes. Ordinance 2006-46 F. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. SE-2006-AR-10283 Scrivener's Error to amend Resolution 2006-157 to reflect the correct legal description and correct zoning for the subject property located in all of Page 15 October 10, 2006 Sections 35 and 36, Township 47 South, Range 27 East, and all of Sections 1 and 2, Township 48 South, Range 27 East, Less Road Right-of-Way for County Road 846 (Immokalee Road), Collier County, Florida. (A conditional use for earthmining activities) Resolution 2006-265 G. 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 adopt an Ordinance amending Collier County Ordinance 90-105, as amended, the Collier County Contractors' Licensing Board Ordinance. Ordinance 2006-47 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 16 October 10, 2006 October 10, 2006 MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, you have a hot mike. CHAIRMAN HALAS: Good morning, ladies and gentlemen, and thank you, County Manager Jim Mudd. I'd like to welcome everybody this morning. And also right now, this is the Board of County Commissioners of Collier County, Florida, and we're now in session. If you would be so kind is, if you have cell phones or pagers, if you would turn them off. At this time we're going to have the invocation which is going to be given by Jim Mudd, our county manager, and following that will be the Pledge of Allegiance. If you would all rise. MR. MUDD: Heavenly Father, we come to you today as a community thanking you for the blessings that you have so generously provided. Today we are especially thankful to the dedicated elected officials, staff and members of the public who are here to help lead this county as it makes the important decisions that will shape our community's future. We pray that you guide, lead and direct the decisions made here today so that your will for our county would always be done. These things we pray in your holy name, amen. CHAIRMAN HALAS: Amen. (The Pledge of Allegiance was recited in unison.) Item #2A REGULAR CONSENT AND SUMMARY AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES Page 2 October 10, 2006 CHAIRMAN HALAS: Thank you. At this time are there any change to the agenda, County Manager Jim Mudd? MR. MUDD: Mr. Chairman, Commissioners, agenda changes, Board of County Commissioners' meeting, October 10, 2006. Item 4-C, revisions to this proclamation have been made with copies distributed and made available for review, and that's at staff's request. And I believe each commissioner has got the new proclamation that was handed out this morning. The next item is to continue item 8C to October 24,2006, and this is a recommendation that the Board of County Commissioners adopt, one, a resolution revising the Collier County water/sewer district utilities standard manual and, two, an ordinance amending the Collier County utility standards and procedures ordinance. It's project number 70202, and that's at staff's request. The next item is item 10H. Due to a scrivener's error in section N -- and that was -- and that was something that was found by Commissioner Fiala. It's a refund policy of the resolution for parks and rec. facilities and outdoor areas license and fee policy, replacement pages 11 through 14 have been provided. And I want to make sure that each commissioner knows that section N is the section that the correction was made to. It is replaced in its entirety, and it's the only changed section. Even though there's 11 through 14, it had a numbering issue to it as we finished it up prior to the chair's signature at the end. The next item is to move item 16B2 to 101. It's a recommendation to award bid number 06-4035 to Quality Enterprises USA, Inc. for the Rivera Golf Estates lake interconnect, Fleur de Lis Lane, project number 511351 in the amount of $120,000, and that item was moved at Commissioner Fiala's request. The next item is to continue item 16B6 to October 24, 2006. That's a recommendation that the board accept a donation from the Halstatt Partnership for the additional planning along Golden Gate Page 3 October 10, 2006 Parkway up to the amount of$101,821.89, and that continuance is at the contributor's request. The next item is to move item 16D3 to 1 OJ, and it should read, for clarification, a recommendation to waive formal competition to approve contracting with Weller Pools, Inc., to install a 32-inch diameter, 214-linear-feet Aquatube slide at a cost of$183,304.25. That item was moved at Commissioner Fiala's request. The next is a note and some time certains. The note, item 8A. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. Next item is 10C, delete number 8 under recommendations in the executive summary which states, waive the accruing of fines in connection with pending code enforcement action, CEB number 2004-002, if and when the county acquires title to the property. Per staff, steps have not been taken to do an imposition of fines. The Code Enforcement Board would be the board to consider waiving the fines. Also the dollar amount shown on the agenda index is incorrect. On the agenda index it shows it as $8,570,0000. The correct dollar amount, as reflected in the executive summary, is $8,575,000. And then we have three time certain items today. Item lOA to be heard at 11 a.m., and that -- that item was continued from September 26, 2006, BCC meeting. It's a recommendation to consider a recommendation from the Habitat Conservation Plan Advisory Committee to implement a Red-cockaded woodpecker compliance plan, and that time certain is at staffs request. Next item with a time certain is item 10C, and that's to be heard at two p.m. It's a recommendation to approve and execute an agreement for sale and purchase for Morande Enterprises, Inc., for the purchase of 10.04 improved acres on Radio Road and Davis Boulevard for Collier Area Transit and paratransit operations with Page 4 October 10, 2006 Fleet Maintenance at a cost not to exceed $8,575,000. That item's at staff s request. And the last time certain item that we have on today's agenda is item 10E to be heard at three p.m. It's a recommendation to approve an amendment to the Local Housing Assistance Program, LHAP, for fiscal years 2004 to 2005, 2005 to 2006 and 2006 to 2007, including new and updated strategies to increase in the maximum allowable home sales price and other changes as required by new state law, and approve all necessary budgets amendments, and that's at staffs request. That's all I have, Mr. Chairman. CHAIRMAN HALAS: Thank you very much. At this time, are there any changes or corrections to today's agenda by the county attorney? MR. WEIGEL: No further changes. Thank you. CHAIRMAN HALAS: Okay. At this time I'll ask that the Board of County Commissioners, each individual, will give their ex parte and any changes they may have on the consent agenda -- the ex parte will be on the summary agenda -- starting off with Commissioner Henning. COMMISSIONER HENNING: I have no changes to today's consent agenda, and I have one correspondence for the summary 17C, as in Charlie. CHAIRMAN HALAS: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. I have no changes -- no further changes -- to the agenda, and I do have some ex parte on 1 7 -- I'm sorry. No, no, I don't. Yes, on 17C, which is Wellfield Risk Management, special treatment overlay, and I have phone calls and regular calls to me, and I have them in my packet here. Thank you. CHAIRMAN HALAS: Okay. Myself, I have ex parte on items 17C and on 17F. That's a scrivener's error on 17F. And on 17C in Page 5 October 10,2006 regards to Black Bear Properties of Florida. All the items are located in my ex parte if anybody needs that. Commissioner Coletta? COMMISSIONER COLETTA: Yes, Mr. Chairman. I'd like to pull item 17C for further discussion and move it to the regular agenda. MR. MUDD: And, Commissioner, that would make that 8D. CHAIRMAN HALAS: Okay. COMMISSIONER COLETTA: And I have no other disclosures to make on the summary agenda. CHAIRMAN HALAS: Okay. And Commissioner Coyle -- excuse me. COMMISSIONER COYLE: Mr. Chairman, I have no further changes to make to the agenda, and on 17C I have disclosure. I did meet with the representatives of the petitioner and I also have emails from staff concerning this issue. And on 1 7F, I have correspondence and mails concerning that scrivener's error. CHAIRMAN HALAS: Okay. At this time I look for a motion in regards to approving today's regular consent agenda and the summary agenda as amended. COMMISSIONER COYLE: So moved. COMMISSIONER FIALA: Second. CHAIRMAN HALAS: Okay. I have a motion on the floor by Commissioner Coyle, a second by Commissioner Fiala. Any further discussion? (No response.) CHAIRMAN HALAS: Hearing none, 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. Page 6 CHAIRMAN HALAS: Opposed, by like sign? (N 0 response.) CHAIRMAN HALAS: Motion carries. Page 7 October 10, 2006 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING October 10. 2006 Item 4C: Revisions to this Proclamation have been made with copies distributed and made available for review. (Staff's request.) Continue Item 8C to October 24.2006: Recommendation that the Board of County Commissioners adopt 1} a Resolution revising the Collier County Water-Sewer District Utilities Standards Manual and 2} an Ordinance amending the Collier County Utilities Standards and Procedures Ordinance, Project Number 70202. (Staff's request) Item 10H: Due to a scrivener's error in Section N Refund Policy of the Resolution for the P&R Facilities and Outdoor Areas License and Fee Policy, replacement pages 11-14 have been provided. Section N is being replaced in its entirety and is the only changed section. (Staff's request.) Move 16B2 to 101: Recommendation to award Bid No. 06.4035 to Quality Enterprises USA, Inc. for the Riviera Golf Estates Lake Interconnect Fleur de lis Lane, Project Number 511351 in the amount of $120,000. (Commissioner Fiala's request.) Continue Item 16B6 to October 24. 2006: Recommendation that the Board accept a donation from The Halstatt Partnership for the additional plantings along Golden Gate Parkway up to the amount of $101,821.89. (Contributor's request) Move Item 16D3 to 10J and should read (for clarification): Recommendation to waive formal competition to approve contracting with Weller Pools, Inc. to install a 32-inch diameter, 214 linear feet Aquatube Slide at a cost of $183,304.25. (Commissioner Fiala's request.) Note: Item 8A: This item requires that all participants be sworn in and ex parte disclosure be provided by the Commission members. Item 10C: Delete #8 under Recommendations in the Executive Summary which states: Waive the accruing of fines, in connection with pending Code Enforcement action CEB No. 2004-002, if and when the County acquires title to the Property. Per Staff, steps have not been taken to do an Imposition of Fines; the Code Enforcement Board would be the Board to consider waiving the fines. Also, the dollar amount shown on the agenda index is incorrect ($8,570,000). The correct dollar amount as reflected in the executive summary is $8,575,000. Time Certain Items: Item 10A to be heard at 11:00 a.m.: This item continued from the September 26, 2006 BCC Meeting. Recommendation to consider a recommendation from the Habitat Conservation Plan Advisory Committee to implement a Red-Cockaded Woodpecker Compliance Plan. (Staff's request.) Item 10C to be heard at 2:00 p.m.: Recommendation to approve and execute an Agreement for Sale and Purchase with Morande Enterprise, Inc., for the purchase of 10.04 improved acres on Radio Road and Davis Boulevard for Collier Area Transit and Para Transit operations with fleet maintenance at a cost not to exceed $8,575,000. (Staff's request.) Item 10E to be heard at 3:00 p.m.: Recommendation to approve an amendment to the Local Housing Assistance (LHAP) for fiscal years 2004-2005, 2005-2006 and 2006-2007, including new and updated strategies, an increase in the maximum allowable home sales price, and other changes as required by new state law and approve all necessary budget amendments. (Staff's request.) October 10, 2006 Item #2B & #2C MINUTES OF THE SEPTEMBER 12, 2006 BCC REGULAR MEETING AND THE SEPTEMBER 13,2006 (CARRY-OVER FROM BCC SEPTEMBER 12, 2006) REGULAR MEETING - APPROVED AND/OR ADOPTED WITH CHANGES Motion to approve September 12,2006, BCC regular meeting; September 13,2006, BCC regular meeting carryover from September the 12th, 2006. Do I have a motion? COMMISSIONER COYLE: Motion to approve. CHAIRMAN HALAS: Okay. COMMISSIONER FIALA: Second. CHAIRMAN HALAS: Okay. Motion on the floor by Commissioner Coy Ie, seconded by Commissioner Fiala. Any further discussion? (No response.) CHAIRMAN HALAS: 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: Motion carries. Item #3 EMPLOYEE AND ADVISORY BOARD MEMBERS SERVICE AWARDS - PRESENTED Page 8 October 10, 2006 I believe that brings us to item number 3, which will be the service awards. MR. MUDD: Yes, sir. And we'll start out with advisory committee service awards, and we have three five-year recipients today. And if those recipients would come forward individually as they're called. The first five-year recipient is Mr. Lindy Adelstein, and he's contributed five years of dedicated service to the Collier County Planning Commission. COMMISSIONER HENNING: Mr. Chairman, a request by the Planning Commission members, my understanding, they want to come up all at once. CHAIRMAN HALAS: Okay, sure. MR. MUDD: Okay. Mark Strain is our next recipient. And again, five years of dedicated service to the Collier County Planning Commission. (Applause.) CHAIRMAN HALAS: I'd like to say a few words in regards to these gentlemen. I believe there's another person that couldn't make it this morning. But I just want to say that -- I want to say that these people, individuals, that are on the Planning Commission dedicate a huge amount of time in regards to making sure that our Land Development Code, Growth Management Plan, is followed and they give a lot of time in presentation to make sure that everything is done correctly, and I really, really want to thank everyone, not only these people, but the other people that are on the Planning Commission, for their dedicated service. Thank you both for your dedicated service. (Applause.) CHAIRMAN HALAS: Want to say anything? COMMISSIONER FIALA: Thank you. MR. STRAIN: Thank you. Page 9 October 10, 2006 MR. MUDD: Commissioners, normally we don't mix -- we normally do your advisory boards one meeting and then we do staff, but in this particular case, this 25-year attendee is going to leave us on Friday and will be out of the county, so if we don't have this opportunity to say thanks, it would -- it would be a fleeting opportunity. So to without further ado, we amended just a little bit. We have a 25-year employee of Collier County that is -- that is going to retire, and that's Harry Huber. And Harry, if you could please come forward. (Applause.) CHAIRMAN HALAS: Harry, thank you very, very much for your dedicated service, 25 years, as an engineer here with Collier County. We greatly appreciate your service and wish you well on your upcoming retirement. MR. HUBER: Thank you very much. MR. MUDD: You could smile, Harry. (Applause.) Item #4 PROCLAMATION WISHING EDISON COLLEGE GREAT SUCCESS IN THE UPCOMING HEART AND MS WALKS - ADOPTED MR. MUDD: Commissioner, that brings us to proclamations. First proclamation is a proclamation to wish Edison College great success in the upcoming heart and MS Walks, to be accepted by representatives of Edison College. And if you could please come forward. COMMISSIONER COLETTA: Please come right up here, and we're going to put that Cat in the Hat, the look-alike, Mr. Chance -- I'm going to let you hold him. And we're going to give Mr. Halas Page 10 October 10, 2006 back his gavel pounder. Assemble yourselves right here and face the audience. And it is my pleasure to be able to read this proclamation. Whereas, through the efforts of several campus students leadership organizations, including the Student Government Association, the Edison College Chapter of Phi Kappa ( sic) International Honor Society, and the National Multiple Sclerosis Association, Edison College Internship Program, Edison College makes a unique contribution to the health of nonprofit organizations of Collier County; and, Whereas, student leadership organizations have created a tradition of community involvement for the entire Edison College community. In the fall of each year, Edison College takes part in the heart walk. In 2004, Edison College had the largest new walk team in the heart walk. In 2005, Edison College had the largest walk team at that heart walk. Similarly, in the spring of each year, Edison College takes part in the MS walk. For the past two years, 2005 and 2006, Edison College had the largest MS walk team in the State of Florida. Present here today to honor Edison College and these student leadership organizations are the Southwest Florida representatives of the American Heart Association and the National Multiple Sclerosis Society; and, Whereas, Edison College is very much a part of the fabric of Collier County, the work of these Edison College student leadership organizations and organizing the Edison College faculty staff and student body to participate in the heart walk and the MS walk makes a direct contribution to the financial help of these nonprofit organizations in Collier County. Of equal importance, recognizing that Edison College has a central role in training the emerging leadership of Collier County, this Page 11 October 10, 2006 tradition of involvement with nonprofit organizations exposes Edison College students to the unique role that nonprofit organizations play in American life; and, Whereas, finally, sitting with the members of the Board of Collier County Commissioners today is the Edison College Walk mascot. This Cat in the Hat look-alike was named Chance by Edison College students indicating that helping nonprofits was giving a number -- giving others a needed chance. He has been carried by Edison students in all of the heart walks and the MS walks; and, Whereas, the Board of Collier County Commissioners at this time both acknowledges the ongoing contributions of Edison College to our community and returns the Edison College walk mascot, Chance, to those gathered here today from Edison College to escort him back to the campus for the kickoff of the Edison College 2006, heart walk effort. Now, therefore, be it proclaimed that the Board of Collier County Commissioners, Collier County, Florida, wishes Edison College great success in the upcoming heart and MS walk. Done and ordered this, the 10th day of October, 2006, and signed by our chair, Frank Halas. And I make a motion for approval. CHAIRMAN HALAS: Second. Motion on the floor by Commissioner Coletta in regards to this proclamation, and a second by Frank Halas. 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.) Page 12 October 10, 2006 CHAIRMAN HALAS: Motion carries, unanimous. Congratulations. (Applause.) COMMISSIONER FIALA: I like the arms around each other. It shows a team, doesn't it? COMMISSIONER COLETTA: Dr. Sparks Lenny will be addressing those present. COMMISSIONER HENNING: So how many miles are you going to walk? UNIDENTIFIED SPEAKER: Three. COMMISSIONER HENNING: Three miles, wow. That's great. COMMISSIONER COLETTA: Thank you for lending me the Chance. It was a lot of fun. We had a very meaningful relationship. UNIDENTIFIED SPEAKER: Thank you for giving him back. CHAIRMAN HALAS: Would you like to say a few words after we get a picture? Would you like to say a few words? DR. LENNY: If I may. CHAIRMAN HALAS: Yes. Right at the podium right over here. Either one of those mikes. DR. LENNY: I would like, on behalf of Edison College and the American Heart Association and the National Multiple Sclerosis Society to thank the commissioners for the proclamation this morning. Everyone here knows that this is the center of Collier County government and, therefore, a place of leadership in our county, but not the only one. Over here in our white shirts -- please stand interns -- are our interns who have produced those heart walk and MS walk teams. Over here in the blue shirts, over here, is the president of the Edison College Student Government Association. And he, too, presides, as the chair does, using Roberts Rules of Order, because we live in a nation where our tradition is democracy, government by Page 13 October 10, 2006 discussion, government by rule of law and the majority. I'd like also to introduce Theresa Fuller. She's from the American Heart Association. She is the leadership here; and Dr. Don Williams, who's the vice-chair of the MS walk; Sue Buntic, who is our student advisor on campus; and not present here at the moment is Tony Marino of the Marino Group who has provided, again, this year, the limousine to escort our mascot back. He was too busy to get here this mornIng. I want to thank you all for not only the leadership you provided in the day-to-day business of Collier County, but also for recognizing the incredible role in the leadership of our community that nonprofit organizations play, that faith communities play, and, indeed, that the future leaders of our county, the emergent leadership play. These are the students who are out there actually doing things, and you know from your own personal experience, they are the students who are going to go on for their lifetime to provide leadership in whatever communities they reside in. God bless you and thank you very much. CHAIRMAN HALAS: Thank, sir. (Applause.) DR. LENNY: I forgot Gary Pickle. Please stand up. MS. FULLER: He had to leave. DR. LENNY: He had to leave. He's the chair of the heart walk. Item #4 B PROCLAMATION DESIGNATING OCTOBER 28,2006 AS NAACP FREEDOM FUND DAY - ADOPTED MR. MUDD: Mr. Chairman, the next proclamation is a proclamation designating October 28, 2006, as the NAACP Freedom Fund Day, to be accepted by Laverne Franklin and Harold Weeks. Page 14 October 10, 2006 MS. FRANKLIN: Good morning. COMMISSIONER FIALA: Good morning. Hi. How are you? Whereas, the National Association of the Advancement of Colored People Freedom, NAACP, will hold its 24th Freedom Fund banquet and awards ceremony on Saturday, October 28, 2006 at the Elks Lodge; and, Whereas, proceeds of this event will be used to ensure that economical, political, educational and social equality remains strong within our community; and, Whereas, the public is invited to attend and share in this celebration of freedom for all. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that October 28, 2006 be designated as NAACP Freedom Fund Day. Done and ordered this 10th day of October, 2006, Board of County Commissioners, Collier County, Florida, Frank Halas, Chairman. And Mr. Chairman, I'd like to motion for approval. CHAIRMAN HALAS: Okay. And I'll second that. All those in favor of this proclamation by Commissioner Fiala, 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: Motion carries unanimously. Congratulations. (Applause.) Page 15 October 10, 2006 COMMISSIONER FIALA: Well, we'll see on the 28th. CHAIRMAN HALAS: Hi, Laverne, good to see you. COMMISSIONER COYLE: Good to see you. MS. FRANKLIN: Good morning. And I would like to thank you very much for this honor, as usual. And we want to invite everyone to the banquet this year, which is October 28th at the Elks. It's not only about -- the NAACP main mission is about fighting discrimination and racism, but we also are very involved in the community at large. And this banquet is the main fund raiser for us because we have an awful lot of educational programs, because we start with our youth, and we go all the way up to the college level talking about how we can make this -- our Collier County, how we co-exist here in peace and harmony, and that's what we're really all about, you know, working together with our government, with our city officials and with the public at large about our children, about making everything on an equal plain. So we ask you for your support and hope that you would join us on October 28th. Thank you for this honor. CHAIRMAN HALAS: Thank you. (Applause.) Item #4C PROCLAMATION RECOGNIZING OCTOBER 10, 2006 AS PUT THE BRAKES ON FATALITIES DAY - ADOPTED MR. MUDD: Commissioner, the next proclamation is a proclamation recognizing October 10, 2006 as Put the Brakes on Fatalities Day, to be received by members of the Collier County Transportation Department, Collier County Sheriffs Office, and if there's anyone from the Naples Police Department or the Florida Page 16 October 10,2006 Highway Department, if they'd please come forward. COMMISSIONER HENNING: As I read this, I -- it's just astounding that 300 children under the age of five are killed because either they wasn't restrained or alcohol related. I mean, it's astounding that parents would not take the time to either restrain them or be neglecting by drinking and driving. But anyways, let me read this. Whereas, traffic crashes in the U.S. causes more than 42,000 fatalities each year and are the leading cause of death for people ages six to 33; and, Whereas, nationally nearly 300 children under the age of five, five years old, who are (sic) killed in motor vehicle crashes in 1999 were totally unrestrained, and alcohol-related crashes account for 38 percent of all fatalities; and, Whereas, poor road conditions and obsolete design contribute to more than 15,000 highway deaths annually; and, Whereas, deaths and injuries on U.S. highways cost society over $150 billion annually; and, Whereas, Collier County -- in Collier County, 55 people were killed in crashes on roads in 2005, eight of those were either pedestrians or bicyclists, 17 of those have died -- were alcohol-related crashes, and another 2,388 people were seriously injured in 2,812 reported crashes; Whereas, safety -- safer drivers, driving behaviors, such as using your seat belt, not drinking and driving and obeying traffic laws would dramatically reduce the number of traffic related injuries and deaths; and, Whereas, the use of cost effective roadway safety improvements such as all-weather markings, skid resistant pavement, and removal of road hazards could also greatly reduce the number of traffic crashes; and, Whereas, the continuing development of safer vehicles and Page 1 7 October 10,2006 protective traffic safety equipment such as helmets to (sic) enhance people's ability to protect themselves and their families from preventable tragic permanent injuries and death. Now, therefore be it proclaimed by the Board of Commissioners of Collier County, Florida, that October 10, 2006, be designated as Put the Brakes on Fatalities Day. Done in this order, October 10, 2006, and signed by the chairman. Chairman, I make a motion that we approve this proclamation. COMMISSIONER FIALA: Second that motion. CHAIRMAN HALAS: Okay. We have a motion on the floor by Commissioner Henning in regards to this wonderful proclamation, and a second 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: Opposed, by like sign? (N 0 response.) CHAIRMAN HALAS: Motion carries. (Applause.) COMMISSIONER COLETTA: Thank you for doing an excellent job. MR. MUDD: You can't leave. I need a picture. Hey, Norm. Norman? COMMISSIONER FIALA: Picture time. (Applause.) COMMISSIONER HENNING: Mr. Chairman, I have a question for one of the deputies. What is the fine for not restraining your child in a safety restraint seat? Page 18 October 10, 2006 UNIDENTIFIED SPEAKER: One hundred dollars, 15 cents. COMMISSIONER HENNING: Unbelievable. MR. MINCH: Yeah, and that's the one thing that I'd like to say, that there's a couple things we can do as a community that are very simple. One is, obey the speed limit. The second thing is, buckle up, everybody in that vehicle, and make sure the children are secured properly in those seats. And on behalf of Sheriff Hunter this morning, I'd like to thank the county, the County Commission, and everybody that helps us. And Norm Feder. Where'd he go? He run out already. There he is in the back. He's done a tremendous job here locally, and I don't think people see -- they see all of us on the news and everywhere else all the time. I spend so much time on the news, I think I playa cop on TV sometimes instead of in real life. But his group does such a tremendous job with road safety and tweaking things constantly. We spend a great deal of our time in concert working with Florida Highway Patrol and county transportation, everybody else, just trying to make things better so when the people call and they tell us things, I want everybody to know that we do react to that and we meet regularly, and we work on those little things, the little signs that are missing and things to make this place safer. It's everybody's effort all together, all of the citizens, the City of Naples, the City of Marco Island, all the police officers locally, Florida Highway Patrol, and the county transportation that makes this work. And Sheriff Hunter would like to thank everybody for that great partnership that we've foraged here. There are no lines or boundaries there, and we appreciate this a great deal. Thank you very much. COMMISSIONER FIALA: Thank you. While the officers are getting up to go, I wanted to mention that tonight at six o'clock over at the East Naples Fire Station on Davis Boulevard they're honoring Page 19 October 10, 2006 those two young men from Lely High School who saved that mother and two-year-old child when they went into the ditch as other people passed by. And if any of you feel so inclined, we'd love to have you join us in honor of these young men. Thank you. Item #5A PRESENTATION OF THE ADVISORY COMMITTEE OUTSTANDING MEMBER AWARD TO LAWRENCE M. BA YTOS, COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE - PRESENTED MR. MUDD: Commissioner, that brings us to presentations, and the first presentation is a presentation of the advisory committee outstanding member award to Lawrence M. Baytos, Collier County Productivity Committee. And Mr. Baytos, if you could come forward. Mr. Larry Baytos has earned the respect and admiration of his fellow productivity committee members. He has brought many productivity projects to successful conclusion by serving as the chairman of the following productivity committee studies: The Fire Protection Impact Fee Review; the Correction Facilities Impact Fee Review; the Library Impact Fee Review; the Law Enforcement Impact Fee Review; the Government Buildings Impact Fee Review; the Administrative Services Division Budget Review; the Human Services -- the Human Resource Team of Efficiency and Effectiveness Study. Additionally, Mr. Baytos participated on the Employee Benefits Review Subcommittee and on the Emergency Medical Services Impact Fee Review. He was indispensable in planning for the efficiency and effectiveness workshops with the Board of County Commissioners, taking the time to ensure that the presentation was prepared in a very professional manner. His sense of humor, attention to detail, and the Page 20 October 10,2006 high level of professionalism have truly made him an outstanding advisory committee member. Ladies and gentlemen, I present to you Mr. Larry Baytos. (Applause.) CHAIRMAN HALAS: Larry, on behalf of the Board of County Commissioners, we want to thank you for your dedicated service on the productivity committee. And here's a plaque for you to hang up in your study, and also we have a parking pass for you for one month. So you won't -- you have your own parking spot now. Congratulations, and thank you very, very much for all your work. (Applause.) COMMISSIONER COLETTA: That's Commissioner Halas's parking place. MR. BA YTOS: Thank you. COMMISSIONER COYLE: Thank you. COMMISSIONER FIALA: Wow, you're quite an addition to that group. MR. BA YTOS: Thanks again. CHAIRMAN HALAS: Thank you. (Applause.) Item #5B REPORT AND THANK YOU BY JEANETTE SHOWALTER TO THE BOARD OF COUNTY COMMISSIONERS REGARDING THE MSBU FOR NAPLES PARK - PRESENTED MR. MUDD: The next presentation is a report and thank you by Jeannette Showalter to the Board of County Commissioners regarding the MSBU for the Naples Park Lake. MS. SHOWALTER: Good morning. I wanted to thank you for Page 21 October 10, 2006 your approval. MR. MUDD: State your name. MS. SHOW ALTER: Oh, Jeannette Showalter. I wanted to thank you for your approval about one year ago for the formation of the MSBU, for the cleanup of the two-acre lake in Naples Park, and then to briefly report on the status. About two years ago I began joining Tom Mooney at the podium here to talk about the problems with the lake, and then the county began working with us, and Jeff Klatzkow, Diane Flagg, worked with us over about a six-month period of time. And by the summer of'05, we had an MSBU petition, which was approved by you. Work began in the beginning of '06. And we got a lot done, but by the springtime it was clear that the scope was not being completed. Commissioner Halas made it apriority, along with Diane, to come out to the site to make sure that the project would be accomplished in full scope. Additional monies were expended within the $40,000 limit, and we had a new project manager assigned, Pam Lalich, and she's done a very good job, and she's working with us through to completion. About that time, Tom and I realized that the re-growth was happening very, very quickly. And I suggested to him, without really __ not knowing that what I was suggesting, that we just go in and pull the roots. It didn't seem like such a big job. He was very discouraged by it, but one day I found him in the lake. And the next week I found myself in the lake, too. And I put in 40 hours of labor in the lake, he put in a 100, and in that five-week period of time, we pulled out over 20,000 pounds. The project didn't end there. Tom went on solo during the summer. He probably put in another over 300 hours. I know that we pulled out over 25 tons just between the two of us. We were not pulling out just the potential re-growth, but we wound up pulling up huge reams of carpet thrown in the lake, Page 22 October 10, 2006 shopping carts, metal canisters, plastic, plywood. It had become a dumping ground. And so at this point in time, I'm working with the residents on the formation of an MSTU for ongoing work on the lake. I'm very, very sad to know that Tom is leaving Naples Park at this point in time. He's been an incredible example of a servant leader. He's done tremendous work for the residents. And I -- hopefully I'll be before you in the coming weeks to present an MSTU, okay. Thank you very much. CHAIRMAN HALAS: Thank you very much. (Applause.) MR. MUDD: The next presentation is a presentation from the Substance Abuse Coalition of Collier County, to Parks and Recreation Director, Barry Williams -- COMMISSIONER COYLE: Mr. Chair, if I could just make a quick comment. Would it be appropriate for us to recognize Tom before he leaves the community for his fine work in this beautification of this lake? I mean, that is really unusual dedication to helping a community, and I think it would be an appropriate thing to do for us to recognize him. Would we have time to do that? CHAIRMAN HALAS: And Jeannette for all the hard work-- COMMISSIONER COYLE: Yeah, both of them, yes. CHAIRMAN HALAS: When is he planning on leaving; do you know? MS. SHOWALTER: He's still in the county, but I'm sure if requested, he would certainly come here and receive recognition. I think it's a wonderful idea. He also -- we also put in additional funds ourselves, but really Tom is the leader on the project. Thank you so much for thinking about it, Commissioner Coyle. CHAIRMAN HALAS: What we'll do is put that on the next agenda for a proclamation for Tom. Page 23 October 10, 2006 COMMISSIONER COYLE: Good. Item #5C PRESENTATION FROM THE SUBSTANCE ABUSE COALITION OF COLLIER COUNTY TO PARKS AND RECREATION DIRECTOR BARRY WILLIAMS - PRESENTED MR. MUDD: Commissioner, that brings us to our next presentation. It's a presentation from the Substance Abuse Coalition of Collier County to parks and recreation director Barry Williams, to be presented by Collier County Court Judge Lauren Brodie and Undersheriff Kevin Rambosk. And I believe Kevin isn't here, but he has an able substitute. JUDGE BRODIE: Good morning, and thank you so much for allowing us the opportunity to come here and make this presentation to Barry Williams. The Substance Abuse Coalition was founded a year and a half ago. And Commissioner Fiala, you were so gracious on behalf of the commission to be with us during those instrumental planning sessions. You were also so kind to give us Barry Williams as the county designee, and we couldn't be happier. For you to know just what the coalition's doing, our mission is to reduce the juvenile substance abuse throughout Collier County through education and prevention services. F or those of you who may not know, every third day in Collier County a juvenile goes to a hospital emergency room as a result of a drug or alcohol overdose. That's here in Collier County. Another statistic that people probably don't realize is that the use of inhalants in middle school almost doubled from 2002 to 2004, from 12 percent to 21 percent. So these are kids in our middle school that are being affected by substance abuse. So you can imagine why we Page 24 October 10, 2006 all joined efforts; the sheriffs office, the schools, county government, local government, private businesses, parents, teachers, everyone, so anyone who's interested. But I have to tell you about Barry Williams. He was wonderful. He became a board member. He volunteered single-handedly to learn about grant writing. He volunteered to go to a two- or three-day workshop last October in Orlando to learn how to write grants and to meet the people in the Substance Abuse Coalition network in the State of Florida. As a result of that, he wrote two grants. And just two months ago we found out that, number one, we were the recipient of a five-year $100,000 grant from the federal government that Barry had written, and we also found out that we were the recipient of a two-year, $35,000 grant from FSU. We could not have done this without Barry Williams. So Barry, if you -- do I do it here or there? So on behalf of the Substance Abuse Coalition -- this is our executive director, this is Commander Guerette -- I'd like to present to you this plaque in appreciation for your dedicated service and invaluable contribution to the coalition and to Collier County. We wouldn't be where we are if it hadn't been for you. Thank you. COMMISSIONER FIALA: Oh, that's really great. (Applause.) CHAIRMAN HALAS: Congratulations. Thank you. JUDGE BRODIE: Thank you. COMMISSIONER COLETTA: Sure glad you came to work with Collier County. JUDGE BRODIE: He was wonderful. COMMISSIONER HENNING: She said you were wonderful. JUDGE BRODIE: Are. COMMISSIONER FIALA: You is. Page 25 October 10, 2006 COMMISSIONER HENNING: You is? COMMISSIONER FIALA: Yeah. Item #5D RECOGNIZING ALLEN MADSEN FOR HIS EXCEPTIONAL PERFORMANCE AS THE ON-SITE REPRESENTATIVE OF COLLIER COUNTY AND AMBASSADOR TO THE PUBLIC FOR THE COLLIER COUNTY/CITY OF NAPLES 2006 BEACH RENOURISHMENT PROJECT - RECOGNIZED MR. MUDD: Commissioner, for the next two presentations, I'd ask your indulgence. Ifwe could ask Mr. Ron Pennington to come up and help us with this thing. He is your chairman of the Coastal Advisory Committee. And these two gentlemen had a lot to do with a successful beach renourishment proj ect. And Ron, are you going to take it over from here? MR. PENNINGTON: Be happy to do that. Thank you very much, and good morning, Commissioners. Ron Pennington, chairman, Collier County Coastal Advisory Committee. Would Mr. Al Madsen please come forward. (Applause.) MR. PENNINGTON: You can be my right-hand man again right now. A major player and contributor in the success of our beach renourishment project is Al Madsen. Al was the on-sight eyes and ears for Collier County, ensuring the beach construction contractor was observing all required procedures and safety practices, working with beach-front hotel managers to minimize business impacts, serving as our good will ambassador and answering the myriad of questions from our residents and wide-eyed tourists. AI's long hours and full weeks were a major element in Page 26 October 10, 2006 completing the project with a minimum of problems. It is the recommendation of the Coastal Advisory Committee that the Board of County Commissioners recognize Al for his exceptional performance as the on-sight representative of Collier County and ambassador to the public for the Collier County/City of Naples, 2006 beach renourishment proj ect. Commissioners, may I present Mr. Al Madsen. (Applause.) CHAIRMAN HALAS: A little plaque for you. Thank you very, very much for your service. We really appreciate it. We'll have to go for a ride again soon. Take that tag off -- turn around for a minute. Let me take that tag off. Yeah, there you go. (Applause.) COMMISSIONER HENNING: Job well done. MR. MADSEN: Thank you. MR. OCHS: Congratulations. MR. MUDD: Thank you. Item #5E RECOGNIZING GARY MCALPIN FOR HIS EXCEPTIONAL LEADERSHIP AND MANAGEMENT OF THE COLLIER COUNTY/CITY OF NAPLES 2006 BEACH RENOURISHMENT PROJECT - RECOGNIZED MR. PENNINGTON: And now would Mr. Gary McAlpin please come forward. (Applause.) MR. PENNINGTON: Major renourishment of the beaches of the City of Naples, a portion of Pelican Bay and Vanderbilt Beach was recently completed. The newly widened beach with high quality sand has received rave reviews by beach grant -- beach fans around the Page 27 October 10,2006 county . The success of this $24.2 million project was in no small part the result of the outstanding leadership and program management of our coastal proj ects manager Gary McAlpin. Gary provided the direction, oversight and coordination of the many participants, including the Army Corps of Engineers, FEMA, Florida Department of Environmental Protection, other federal and state agencies, consultants, staff, and others to bring the project into fruition. It is the recommendation of the CAC that the Board of County Commissioners recognize Gary McAlpin for exceptional leadership and management of the Collier County/City of Naples 2006 beach renourishment proj ect. Commissioners, Mr. Gary McAlpin. (Applause.) CHAIRMAN HALAS: Gary, on behalf of the Board of County Commissioners, thank you so much for your leadership on that project. What a wonderful, outstanding job you did. MR. McALPIN: Thank you, sir. (Applause.) MR. MUDD: They're all wanting you to take another picture. CHAIRMAN HALAS: Gary, we'll get one picture here, if we could, of you. MR. McALPIN: Thank you. (Applause.) MR. PENNINGTON: And Commissioners, Mr. Mudd, Mr. Oches, the CAC thanks you all very much. MR. MUDD: Thank you, Ron. CHAIRMAN HALAS: Thank you, Ron. COMMISSIONER COYLE: Mr. Chairman? Ron? CHAIRMAN HALAS: Excuse me, Ron. COMMISSIONER COYLE: Ron, how long have you been Page 28 October 10,2006 involved in advisory committees in Collier County? MR. PENNINGTON: Mmm. Well, Betty and I have been residents here, we're now in our 25th year. And we've been volunteering, I'm sure, for 20 of those years. COMMISSIONER COYLE: Have we given you a recognition pin yet for -- MR. PENNINGTON: Well, I got a five-year award for the -- for this one. And from the city, they surprised me with a declaration of a Ron Pennington Day and a key to the city, so I have had recognition. And I certainly appreciate that and have enjoyed every minute of it. COMMISSIONER COYLE: Good. Thank you very much, Ron. MR. PENNINGTON: Thank you all. (Applause.) Item #6A PUBLIC PETITION REQUEST BY RICHARD GAZZERRO AND THOMAS RAMSEY TO DISCUSS CODE VIOLATIONS FOR THE SHIRLEY STREET ANTIQUE MALL - PETITIONER'S VIOLATION AND CITATION IS PLACED ON HOLD BY THE CODE ENFORCEMENT BOARD UNTIL THE BCC REVIEWS THE POLICY AND A DECISION IS MADE ON THE POLICY FOR NAPLES INDUSTRIAL PARK AND TO BE BROUGHT BACK TO THE NOVEMBER 28TH BCC MEETING - APPROVED MR. MUDD: Commissioners, that brings us to public petitions. First petition is a public petition request by Richard Gazzerro and Thomas Ramsey to discuss code violations for the Shirley Street Antique Mall. And if you could just state your name for the record, sir. MR. RAMSEY: Hi. I'm Thomas Ramsey and behind me is Richard Gazzerro, and I'd like to thank you for at least hearing us Page 29 October 10, 2006 today. We're here because we've had a store on Shirley Street for 12 years, an antique mall, and code has come and said that we're retail in an industrial area, so they want to close us because you can't have a retail store there. But we're kind of like asking the commissioners for their help in a way because, you know, 70 percent of the three streets around us are retail. And, you know, I'm being selectively enforced because somebody didn't like me. So I mean, it kind of isn't fair because, you know, I hold a mall with 40 dealers and in the back -- I also have a military store in the back of my store, which is probably one of the biggest military stores in the nation. And we're putting everybody out of business if we can't continue business. And code isn't giving us any options to continue business because we've asked whatever way we can continue, we'd like to pursue it. But, you know, it's a shame because of out of these 40 people, you know, we shop at stores around us and eat at restaurants around us and grocery stores, so that alone takes our money out of those places. And then, you know, the customer base we have is pretty large, so they won't be spending money in those stores. So, you know, you're not just putting us out of business. You're also putting other people out of jobs, too, because, you know, there's no reason -- if all the retail has to close up there. And I mean, I got singled out this time, but, you know, I kind of think if I'm supposed to close, I guess everybody that's retail should have to close, you know, because I don't think it's fair just to close me because, you know, one person complained. I mean, I think it's all about making money. I mean, our tax money goes to help the community and it helps to support everything so -- and when we do generate a fairly large business there, so I mean, that alone's lost. Page 30 October 10,2006 And I do travel every day from Cape Coral just to come down here. So I mean, I just -- I don't understand. I mean -- but I would ask if anybody can help us, we are asking for help, because, you know, we just want to stay in business. And, you know, it's the wrong time of year to put everyone out in the street. And some of my people in my shop are fairly older and, you know, it's, like, kind of an awkward situation to tell them that, you know, you have to go out and this is it. But I just don't understand how code enforces some of the rules because, you know, we kind of meet all the criteria. We sell antiques. They're used furniture. Used furniture's considered wholesale. But because I sell to a person that comes in off the street that doesn't have a retail license, that's considered retail? So I mean, I just -- the codes are kind of mixed up. I think the zoning and the codes need to come up to the present and not the past and meet the criteria that's there in the present, because we are all retail. And there's actually a booklet that's even advertising the retail stores. And I'll tell you, you can go down Taylor, you can go down Yahl, you can go down J&C, everywhere in the industrial park in North Naples, there's retail, so -- but, if you can do anything, we would appreciate it. We just want to stay in business, and I'm sure Homer Health (sic) and the military wants to stay in business, and I know some of the commissioners, people shop there. So I mean, I've seen some people in different places there so -- and that's all we're asking for. CHAIRMAN HALAS: Okay. MR. RAMSEY: But -- and we want to thank you. CHAIRMAN HALAS: Thank you. Commissioner Henning? COMMISSIONER HENNING: Yes, I have a question, sir? CHAIRMAN HALAS: Yes. COMMISSIONER HENNING: The -- did somebody tell you that you should petition the Board of Commissioners? Page 3 1 October 10, 2006 MR. RAMSEY: Yes. COMMISSIONER HENNING: Who is that? Was it an employee? MR. RAMSEY: It was the county manager. MR. GAZZERRO: We've been in so many different offices trying to see what we can do about this that I honestly can't remember who it was. I think it was someone in one of the code enforcement offices. MR. RAMSEY: Either that or Mr. -- is it Bob, the county employee? COMMISSIONER HENNING: Anyways, let me just tell you, you've been issued a citation and a notice to appear, and for this board to get involved, I think, it's a little dicey. And if I'm wrong, I think the County Attorney's Office needs to tell us. If I'm correct, I'm appalled that an employee would direct you to come to us when our hands are tied. But let me just say that I looked up your occupational license, and your occupational license says wholesale. MR. RAMSEY: Yeah. It's been the same license there for 12 years. COMMISSIONER HENNING: Right. And wholesale -- and it's my understanding, is allowed within the industrial zoning district. I would imagine you got that from county government. I think you need to fight that issue before the Code Enforcement Board. But let me -- let me just say one other thing. The Board of Commissioners had this discussion about the industrial zoning districts and retail operations eating up our industrial zoning, and it never was meant to provide for retail uses. It's more -- it's there to provide for heavier uses. MR. RAMSEY: See, we're just amazed though because-- COMMISSIONER HENNING: I wish you well in your endeavor. Page 32 October 10,2006 But, County Attorney, is there anything that we can do since there is a citation issued? MR. WEIGEL: No. I think -- I think that your statement is correct there. It appears that there is a matter before the Code Enforcement Board and they can go before the Code Enforcement Board. The only thing I could glean otherwise from the discussion so far from the petitioner is potentially a request for board review of the policy of the zoning up there generally, which doesn't specifically apply to the issuing before the Code Enforcement Board at the present time, the policy of wholesale as opposed to mixed use. And I'm not advocating that. I'm saying, that's the only aspect of the discussion. COMMISSIONER HENNING: You know, there's so many calls that I get from a constituent that has been cited by code enforcement. And whether it's true or not, the constituent says, well, the code officers told me to give you a call. And I can tell you, we can't fix tickets. And I'm appalled that an employee does not know that. And it's -- maybe it's because of lack of training. I don't know. MR. RAMSEY: Can I ask you, it's -- I think the biggest concern is the fact that the code officer's selectively enforcing my store, and even though when he's at my front door, you know, we discussed how right across the street's retail, right to the right's retail, up, the store's retail. And we're told that we have to report our other fellow businesspeople around us for him to even do anything about them selling retail, because the only way that they enforce retail is if you get reported. And to me, that's not a way of helping or enforcing. That's a way of just going after -- if someone has a grunge (sic), you go after the person that that person reported. And I just ask -- you know, I want to be the same rules as everyone around me. And I mean, that's what I don't understand. He knows everything is violated around me -- Page 33 October 10,2006 CHAIRMAN HALAS: Sir, I think that's where we discussed that you need to take this back to the Code Enforcement Board. MR. RAMSEY: The code, okay. CHAIRMAN HALAS: Okay. Commissioner Coyle? MR. RAMSEY: Thank you. COMMISSIONER COYLE: Yeah. COMMISSIONER COLETTA: Don't go. COMMISSIONER COYLE: I do think there's a bigger issue here. You really can't just pick one store out of 100 and say they're in violation, they've got to close down, but the others keep operating. CHAIRMAN HALAS: But I think there's wholesale there, too, and retail. COMMISSIONER COYLE: Well, there's a lot of retail in that area. CHAIRMAN HALAS: There's more retail than wholesale. COMMISSIONER COYLE: Many, many retail stores there. We're talking about affecting a lot of businesses in that area. And I think that before we rush down this street, we ought to take a look at policy. Now, I understand we can't look at -- we can't deal with a ticket, but we can certainly look at the policy. Now, we have permitted this to happen. Ifwe didn't want retail there, then code enforcement should have been there at the very beginning keeping retail out. But we have accepted it. In fact, we've encouraged it. The retail business, as far as I'm concerned, has grown in that area over the past five, 10 years. So I think it is an injustice to single out one business, close it down, and then pretend that the others don't exist. And we have to address that issue. And I -- I would make the motion that we bring this back for a full hearing, and in the interim, ask the staff to give us a report on how Page 34 October 10, 2006 many other businesses in that area are retail businesses, and what would be the implications of enforcing this particular rule, and provide us some alternatives with respect to what we can do about -- about our rule, our policy. CHAIRMAN HALAS: I just -- COMMISSIONER COLETTA: I'll second that. CHAIRMAN HALAS: I think Commissioner Henning brought up a good point that we're fighting to retain our industrial parks, and I think that's what we really need to have there is an industrial park and maybe get the retail business out of that area, because that's what it's intended for, and we have a difficult time establishing even additional industrial parks. COMMISSIONER COYLE: But if the industrial parks wanted that property, they could offer to buy it. In many cases, these retail stores are not large enough for an industrial operation. If that's the case, you know, that's not our fault and it's not the owner's fault. They have taken advantage of a space that is available, just like others have. So if we really do want to make it industrial parks, then what we need do is to cite every single retail operation in the entire area and get them all closed down and move them all out, and that would give us an industrial park. CHAIRMAN HALAS: Yep. COMMISSIONER COYLE: And if that's what the board wants to do, we should do that. But at least we shouldn't do it piecemeal by just indiscriminately targeting a single store because of a single complaint and closing our eyes to the problems that exist throughout that area, and so that's why I say, we need to bring it back. And County Attorney, is there anything we can do to at least suspend action on the final determination of this until we review the policy? MR. WEIGEL: Yes, there is. If the board -- if it, as a board, indicates that it wants to review the policy, I think it could provide -- Page 35 October 10, 2006 provide the comment to be carried to the Code Enforcement Board that this particular violation be placed on hold until the staff and the board have come to any further decision regarding the policy in chief there; therefore, these -- this business is on notice, it's been cited. It is not prosecuted, does not go through the defense, et cetera, that comes before the board until the board determines the bigger policy issue if it wishes to. And if it does not, if the board determines to not change the status of policy in the Naples Industrial Park, then that would be an indication for this to go forward with the prosecution based upon the notice of violation that's been previously issued. COMMISSIONER COYLE: Then my motion would include a request that when we bring it back for a consideration, or that we, in the interim, notify the Code Enforcement Board that we are reviewing the policy and that we ask that the decision be postponed until such time as we have made a decision on the policy. And then when we bring it back for our next meeting, the staff will provide us a report for all of the retail operations that are occurring in the entire industrial area and -- so we can assess the impact of this policy. COMMISSIONER COLETTA: Likewise for my second. CHAIRMAN HALAS: Okay. Sir, do you own this property? MR. RAMSEY: No, I rent at 5510. But I just want to make a comment that, you know, we know we're violating the current situation. We asked if there was anything we could do or any license we can get. And originally they told us just to move. Now, we've done legwork to every office on Horseshoe, and someone -- we finally went to zoning, and they told us that there is a way to zone it where retail and wholesale are together, and there's a certain area they call it. Oh, it's an industrial park situation, but it needs just to be rezoned. And, I mean, I was willing to get a retail license, I was willing to Page 36 October 10,2006 get any license possible. That's why -- I'm not asking for, like, my license to be -- you know, the fine or anything like that. I just want to do what's right. Just tell me how to do it. CHAIRMAN HALAS: Commissioner Coletta? COMMISSIONER COLETTA: Thank you. Sir, I think we're missing the point here, wholesale, retail, it's still servicing the public in one direction or another. I know for a fact that wholesale employs less people than retail. How many people are directly employed by your company or subcontract to your company? MR. RAMSEY: Well, we have a 40-dealer antique mall, and there's 40 individuals that have space within. And then Mr. Holzer, and then I think he has two helpers in the back. COMMISSIONER COLETTA: Yeah. If I may, too -- and I've got to clear up something that was said a little bit earlier, and forgive me.ifthere's any misconception over what previous ideas I've given to staff, but I always consider the Collier County Commission as the ultimate authority. We're the ones when policy ends, we're -- as far as what staff can do and can't do. They can't exceed what the written rules are. Our codes and regulations are fairly specific. Staff is not allowed to be able to interpret it. They're not allowed to be able to say, I'm going to make an exception in this case. And so I've told staff many times -- and I'll continue to do so -- that when you get to the point that you cannot exceed your authority, refer them to the ultimate authority, and that's the Collier County Commission. Go see your commlSS10ner. And I also tell people, and I tell them quite often, your public petition is the way that you have a final recourse before your elected official before you have to go to other means. And it's one that I strongly believe in, I strongly support, and I'll continue to tell people about it. I'm glad that you're here today. You're at the right place at the right time. Page 37 October 10,2006 MR. RAMSEY: Thank you. COMMISSIONER COLETTA: I think that what's happening at this point in time is a travesty. I think when we start to get to the point, as Commissioner Coyle suggested, of taking an inventory, you're going to find that the turnout when we have this public meeting is going to be unbelievably in support of changing that particular rule and regulation. Of course, I've got to remind you, it's going to take three commissioners to move this forward. You've got two right now. A vote will be taken shortly. I just wanted to -- I emphasize though, when the public petition process is served, it's served well. In this case, it has been. Now, I can't tell you how the final vote's going to come out, but you had your day in front of us, just the way you should. And please, avail yourself of this opportunity sometime again in the future if you feel the need to do so. MR. RAMSEY: Thank you. CHAIRMAN HALAS: Commissioner Henning? COMMISSIONER HENNING: Well, Commissioner Coletta, I really appreciate your comments because I always do believe that government is for the people, by the people. I just have some concerns about violation of any ordinance. And if that's the case, we need to correct our ordinances. But let me say, sir, you are not wrong in my eyes. Government gave you a permit for your business that says wholesale. MR. RAMSEY: Yeah, for 12 years. COMMISSIONER HENNING: And that is allowed in the industrial area. So I wouldn't be quick to condemn your actions for being from in business in 12 years when government said, it was okay, and it gave you the license, so that's your defense. So don't lose that card. MR. RAMSEY: Yeah, we haven't. Page 38 October 10,2006 COMMISSIONER HENNING: And, yeah, I'm willing to bring it back to discuss the bigger picture. MR. RAMSEY: I thank you. CHAIRMAN HALAS: Okay. Does the motion include that we bring this back for bigger discussion? COMMISSIONER COYLE: Yeah. MR. MUDD: Yes, sir. I'd likes some time though in order to do the study because this is a big area. So I'd like to have it come back on the 28th of November, okay, which gives us about a month, month and a half in order to do that. COMMISSIONER COLETTA: I think if you hold everything in suspended animation and these people are allowed to continue, the actual date isn't so important as the fact that due process is served in a reasonable period of time and that nothing comes to these people that will be injurious. CHAIRMAN HALAS: Okay. COMMISSIONER FIALA: Can we include the EDC on that, because they've been trying to work with industrial parks, and I'd like to hear what their definition of an industrial park is as we talk about it. MR. MUDD: Sure. We'll ask them to come. CHAIRMAN HALAS: Okay. There's a motion on the floor by Commissioner Coyle and a second by Commissioner Coletta to bring this back November 28th. Any further -- COMMISSIONER COLETTA: Yes, one quick comment. Also, invite the Naples Chamber of Commerce. CHAIRMAN HALAS: Okay. MR. WEIGEL: And Mr. Chairman, additionally, I think Mr. Coyle's motion included a communication through staff to the Code Enforcement Board to stay the proceedings on this one until the matter has come back and either turned to a different direction or at least been determined not to change at that point in time. Page 39 October 10, 2006 CHAIRMAN HALAS: Okay. MR. WEIGEL: Thank you. CHAIRMAN HALAS: Okay. All those in -- any further discussion? (No response.) CHAIRMAN HALAS: Is there any information from Joe here? MR. MUDD: No, sir. You've asked us for a study. CHAIRMAN HALAS: Okay, all right. MR. MUDD: Okay. If you want to change -- if you want to change this particular issue on the industrial zoned area, it's going to take a compo plan amendment. We all know that. But it's something that the board has to decide. I'm sorry. (Baby crying.) MR. MUDD: I hope I didn't pinch anyone. CHAIRMAN HALAS: Okay. MR. MUDD: What I -- Commissioner, what I will say to you is, there is some retail that's allowed in an industrial zone. It's how much retail is allowed in the industrial zone. CHAIRMAN HALAS: Plumbing supplies, electrical supplies. MR. MUDD: And that will all be part of this particular study as we bring back and let you know what the demographics are, so to speak, of what's out there in that industrial park so that you'll understand the magnitude of the problem, if there is one. CHAIRMAN HALAS: Okay. MR. MUDD: And we'll hold back on the Code Enforcement Board hearing, or whatever it is, based on this particular study presentation to the board and further direction at the time of the 28th. CHAIRMAN HALAS: Okay. Any further discussion? (No response.) CHAIRMAN HALAS: If not, I'll call the question. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. Page 40 October 10, 2006 COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign? (No response.) CHAIRMAN HALAS: Motion carries unanimously. MR. RAMSEY: Thank you. COMMISSIONER COYLE: Mr. Chairman, I would like to add one point. The gentleman said that he had seen someone shopping in that area and that he understood maybe some of the commissioners did. I want to make sure you understand that I am not one of those people, okay. CHAIRMAN HALAS: Neither am I. COMMISSIONER COYLE: I have never shopped there. So since I made the motion, I just wanted it to be clear that -- MR. RAMSEY : Yeah. I mean people in the county, not commISSIoners. COMMISSIONER COYLE: Okay. I just wanted to make it clear that you have never seen me. MR. RAMSEY: Yeah. No, no, no. CHAIRMAN HALAS: Thank you very much for your time, sir. MR. RAMSEY: Thank you. CHAIRMAN HALAS: Okay. Item #6B PUBLIC PETITION REQUEST BY NANCY PAYTON TO DISCUSS LOBBY REGISTRATION AND DISCLOSURE OF LOBBYIST'S CLIENTS - REVIEW ORDINANCE AND MINUTES AND BRING BACK TO THE NOVEMBER 14TH BCC MEETING - APPROVED Page 41 October 10,2006 MR. MUDD: Commissioner, that brings us to our next public petition, and that's 6B, and it's a public petition request by Nancy Payton to discuss lobby registration and disclosure of lobbyists' clients. MS. PAYTON: Good morning, Commissioners, Nancy Payton, and I am a registered lobbyist and have been since the county adopted its ordinance in 1999. And I wanted to speak to you today about the ordinance and some of its shortcomings and urge you to revisit the lobbyist registration ordinance because it fails to serve the public's best interests. The current ordinance's only purpose is merely to identify the registrant as a lobbyist. And you can see I've starred that here. There's no requirement to disclose the clients represented by a lobbyist when a lobbyist testifies. And, in fact, recently before the Planning Commission, a land use attorney refused to reveal who his clients were during the LDC hearing. And technically he didn't have to because the ordinance doesn't require that. I did go upstairs to the clerk's office and look at his list. He had 42 clients. And the public would have to decipher which of those clients he was representing. Later, after the issue was brought before the Planning Commission, he did reveal who he represented, but it does raise the issue about whether they have to or they don't have to or lobbyists reveal who they represent. Also the forms are often incomplete. Here's a form where who you represent is blank. There's -- how is anyone to know who they represent? And here's another one where it's listed others. And, once again, how is the public going to know who they're representing? Again, I comment about the list of 42 clients, and some Page 42 October 10,2006 consultants or lobbyists have longer lists than that. So again, it becomes a question of, who are they representing that day when they're testifying before you, the Planning Commission, EAC, or some other body. And in one instance, the list hadn't been updated since 1999. That's a seven-year-old list of clients, and I'm sure that lobbyist has had many clients come and go since then. The ordinance does require that when you register each September that you take an oath and list who you represent, but what good does that serve? I mean, the clerk is the only one that's going to know who you're representing and the addresses, or in some cases the registration is sent via the mail, so how is that oath taken? And I think that's something that doesn't serve anything in the public interest. And lastly, the registration is only once a year, so only once a year possibly are those lists being updated, and a lobbyist could take on a client in November, do their work and be done in March, and the public would have no way of knowing who they're representing. In these illustrations that I give you, they're not wrong by the law, but they're certainly not right by the public interest, and, therefore, I'm asking that you revisit the lobbyist registration ordinance, expand it to be also a disclosure ordinance, and wrestle with these issues about who should be doing what when, what sort of form should be required at the clerk's office, and to investigate something that's just come to my knowledge this morning is how do land use attorneys deal with attorney/client confidentiality and whether that applies in LDC hearings and compo plan hearings and even in the quasijudicial hearings, which attorneys are not covered by the lobbyist registration for quasijudicial, and that raises the issue that, if someone's opposed to it and is an attorney, do they have to reveal who they're representing? There are a lot of questions, there are a lot of loopholes, there are a lot of weaknesses, and, therefore, I'm appealing to you to revisit this Page 43 October 10,2006 ordinance and address some of the concerns and probably others that I've raised today. Thank you. CHAIRMAN HALAS: Thank you very much, Nancy. Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you. When we have a person come before us, we have them stand up in front of us and we say, for the record, state your name. They're generally an individual. When good does it do this commission to have a representative of an unknown person stand before us and states their name when they're not representing themselves, they're representing an unknown client? Ms. Payton is exactly right. What happens at the clerk's office should be nothing more than the registration of the lobbyist. Who they represent should be declared at each meeting when they get up to speak. There should be a speaker's form for lobbyists. They have to put every single person they represent on it at the time they do it. Then when they stand up, they should have to read that same list back to us. I don't want these people appearing before me representing an unknown client. I don't think it's fair to us. I don't think it's fair to the public. CHAIRMAN HALAS: Okay. Commissioner Coyle? COMMISSIONER COYLE: I agree. I'm not sure I want someone standing up and reading off a list of 50 or 75 clients that they have represented at one point in time or another. Certainly the one they're representing while they're speaking to us should be stated. But you bring up a different point that is also valid, and that is, there is really no complete historical record for someone to examine as to whom this person has represented over a period of time. And, in fact, in many cases it can fall through the crack and nobody will ever know. So you're absolutely right. And I would suggest under the petition we bring it back and try Page 44 October 10,2006 to sort it out, because we can't sort it out today. But I would -- I would be in favor of bringing it back and see if we can't address those concerns because I think they're valid concerns. CHAIRMAN HALAS: Commissioner Fiala? COMMISSIONER FIALA: It's great that you brought it up. You know, every once in a while somebody comes up and I don't realize they're a lobbyist -- you know, sometimes you think it's out of the goodness of their heart that they're speaking on something -- later on to find out they are. And I've always wondered about that. You know, we have a form that the clerk will provide, but it doesn't say much, and you don't think of looking up every person. So I'm so glad you said that. I just love it, and I make a motion that we bring this back for discussion. COMMISSIONER COLETTA: I'll second that. CHAIRMAN HALAS: Okay. We have a motion on the floor by Commissioner Fiala to bring this back for further discussion and a second by Commissioner Coletta. Any other discussion? COMMISSIONER HENNING: You want to delegate that to the county attorney? MR. PETTIT: Yes. For the record, Mike Pettit, chief assistant county attorney. I've had discussions with Ms. Payton about this. I think that the area -- the problematic area we'll get into is the potential problem of attempting to legislate the practice of law. I don't have the answer today. That's why, for example, the quasi __ attorney appearing here under a quasijudicial proceeding are not subject to the lobbyist registration. Only the Supreme Court of Florida can legislate -- or can control or set rules for the practice of law. The second issue is, it's a pretty well-established principle that the attorney/client privilege -- if a client tells you not to disclose the name of the client, the attorney can't do that. Page 45 October 10,2006 Whether we can compel that disclosure or not, I don't know the answer to today. That would be part -- that's some of the things I've been talking with Ms. Payton about, and that would certainly be part of the discussion when we bring this back. COMMISSIONER FIALA: Can I just -- CHAIRMAN HALAS: Sure. COMMISSIONER FIALA: You know, if any lobbyist came up and told me they're not allowed to say who their client is, who's paying them, right away I would figure there's something underhanded gOIng on. I would just love it when they'd say that. COMMISSIONER COYLE: But -- well, maybe -- you know, if I could. CHAIRMAN HALAS: Sure. COMMISSIONER COYLE: Maybe that's the solution. We can ask them to tell us. If they don't feel they're allowed to tell us due to client/attorney privilege, then they can tell us exactly that. That would be very interesting. MR. PETTIT: And you can draw -- I mean, I would believe you could draw whatever inferences you want. COMMISSIONER COYLE: Yeah. MR. PETTIT: I do know that just in a little bit of discussion we've had, it appears there's different practices among different attorneys. It sounds like some attorneys list every single entity that they represent, and others -- and I think this is supported by the way the ordinance is written, by the way -- don't -- they came up one time, they registered, and when they renew, they don't add the new names. And I don't think the clerk's office necessarily requires them to do that. They just give them the form and they re-up. So there's a couple things I will do if you're going to bring this back. I'll look at those legal issues and tell you what our opinion is. The other thing I'll do is, I'm going to go back and look at the minutes, Page 46 October 10,2006 because this actually predated my involvement with the ordinance, the lobbyist section. I'm going to go back and look at the minutes of the discussions at the time to see what the board's intent was. Because this language under section seven is a little confusing. COMMISSIONER COYLE: Okay. MR. PETTIT: And we'll provide you with a report. CHAIRMAN HALAS: Okay. That's in your motion? COMMISSIONER FIALA: Yes, yes, it is. COMMISSIONER COLETTA: And my second. COMMISSIONER FIALA: And also when a lobbyist would get up and say they work for Hocus-pocus, LLC, I mean, that doesn't tell us anything. But I mean, you know, many times it's worth the information to find out who owns -- COMMISSIONER HENNING: Time's up. COMMISSIONER FIALA: -- hocus-pocus. CHAIRMAN HALAS: Okay. Any further discussion? (No response.) CHAIRMAN HALAS: Hearing none, I'll call the question. All those in favor of bringing -- having the county attorney look into this and bring it back? MR. PETTIT: Do you have a time frame that you'd -- CHAIRMAN HALAS: What's good for you? How much time and research are you going to have to do on this? MR. PETTIT: I think we could bring it back easily by the second meeting in November, if not -- CHAIRMAN HALAS: Okay. MR. PETTIT: -- or sooner. CHAIRMAN HALAS: You want to bring it back the 14th? MR. PETTIT: I think the 14th is doable. CHAIRMAN HALAS: Okay. November 14th. COMMISSIONER COYLE: You'll be without me, but I don't know that that's important, but -- Page 47 October 10, 2006 COMMISSIONER COLETTA: We'll get done 10 minutes sooner. COMMISSIONER COYLE: Yeah. CHAIRMAN HALAS: 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: Motion carries. Thank you very much, Nancy. Item #6C PUBLIC PETITION REQUEST BY MR. JOHN SWASEY REGARDING IMPACT FEES - DISCUSSED MR. MUDD: Commissioner, the next public petition is a public petition request by Mr. John Swasey regarding impact fees. MR. SWASEY: Good morning. I stand before you this morning because this matter was brought to my attention whenever I went to place an 80-square- foot addition to my private residence to add a bathroom. First of all, let me thank the commission for hearing this, and I thank the staff for reviewing and working with me all the way up to this point. This system does work. I believe it works. And here we are 1n process. This 80- foot addition incurred an impact fee -- which I expected an impact fee, because we're enlarging our residence; however, I was extremely shocked, if not, almost knocked over, when I was handed Page 48 October 10,2006 initially a bill for 3,805 -- I'm sorry, $3,905.57, is what I was told. Well, with working with staff at the -- down in the office level, withdrew (sic) to find the particular permit, and then was given a final bill in excess of $4,500 for an 80-square-foot addition. Folks, there's something wrong with this. When I queried the staff, I was told, this is in accordance with our schedule that we're given that we have to use. And if you'd like, I have the copy of the schedule, but I believe the county has access to this as well. The county's using -- the staff is using a tier system when means if you build a brand new home and your home is under 1,500 square feet, you get assessed an impact fee of X number of dollars, okay. If you go between 1,500 and 2,499 dollars (sic), there's a different fee. This is particularly talking in reference to the road, schools, law enforcement and park and recs' fees, okay? I'm told by Mr. Mudd and staff that they've had several accountants or consultant firms come in and said, this is what the fee needs to be. That's fine. Fees are important for this government to run. That's the way we get things done. This is the way we pay for our roads and our schools. I don't have a problem paying an impact fee, a fair impact fee. Staff tells me that my house was only registered at 490-some (sic) square feet or 480-some (sic) square feet. This was a shock to me, because when I bought the house, my survey on the survey quest said I had 1,600 some square feet. It's a 200-square- foot difference. I never checked my tax bill that I got for that fine a detail because the tax bill I got I assumed was correct because it was within the ball park figures. I've been paying my taxes based on whatever the county said it should be. It wasn't out of skew. Talking with staff again, the staff tells me that somewhere along the line, before I bought the house in '97, my enclosed lanai, which is now part of the house, they can't find any record where it was put on; however, all the surveys have it on there. Page 49 October 10,2006 This would put me over their threshold and take care of my personal problem as far as this huge -- this huge indebtment (sic), which I feel is unjust; however, again, as a citizen of this county, I have a question to the validity of how they interpret this rule, okay? I was provided a copy of the ruling that was set forth by this board, and very clearly under item 2 it says that it shall be done in accordance with net increase of your house. So if you put 80 feet on your house, that's what you get charged for, 80 feet. However, in looking at this tier system that they've got and the impact fees, government buildings and jails, administration, is only done by square foot. Administration -- additional square -- additional impacts are only done by square foot yet school boards, roads, law enforcement, parks and recs. are done by tiers. Now, Mr. Mudd says that the legal staff and the legal consulting and the consultant firms that are hired by this county say that this tier system is the way you're supposed to do it. Well, that's fine, but I read the statute. To me the statute says, shall be done by net square footage. Well, now we're talking apples and oranges. Net, tier? Net, tier? Well, in the tier system, if you go one square foot over or you build all 999 square feet, it's the same charge, whether it's an addition or new. That can't hardly be fair. You know, granted, I have a small -- a small project. My experience in the past has been, if you build by square foot, you get charged by square foot. If the legislation needs to be changed, then I'm all for that. Let's figure out how to change the legislation to read the way that the county needs to build. But, again, I'm here before the board because, one, I want to straighten out my personal situation, and, two, because I see a bigger injustice. I see -- I'm not blaming the public. I mean, I don't claim to be the smartest man in the room, by all means, I'm not. I'm just a regular citizen. Page 50 October 10, 2006 And as a regular citizen, when I read this statute saying one way and yet I see our governmental agencies doing something different, I have to throw a red flag and say, hey, guys, what's going on? Now, I understand from talking with Mr. Mudd and staff that -- and they were real informative about this, by the way, that they are going by this by the way -- the consultants who are some of the best in the country, but I don't know that it goes to the issue of what the statute says, and that's a larger question that's way beyond my capabilities. What I would ask this board to do today is, if it could, if it's in your power, to correct my personal situation on this. I've actually inquired to staff, if I was to go back and pay this back taxes for this 190 or whatever square footage, if they could calculate that for me and put that, you know, on my rolls to bring down my impact fee to a reasonable amount; I would be more than willing to do that, and I would like this board to approve the staff to go ahead and do that. But I would also like the staff -- this board to go back and look at this as to the -- not so much the ordinance unless the ordinance needs to be changed, but the actual implementation of how this ordinance is divided at a dollar level. So if it needs to be -- the verbiage needs to be changed from net increase to the next tier level increase, then that's fine, then let's do that. If that serves the best interest of this county and the general public at large, fine. But if it doesn't, then I need -- I would like to see this board and staff change the policies of how they do it. And I thank you for your time. If there are any questions, I'd be happy to do it with the best of what I have. CHAIRMAN HALAS: Thank you very much. Amy Patterson, could you give us some input into the impact fees and how we derived to where we are today? I believe it's important, and then I'll take questions from my fellow commissioners. MS. PATTERSON: Good morning. For the record, Amy Page 51 October 10,2006 Patterson. I'm your impact fee manager from community development/environmental services. We have a number of impact fees that are based on what we call the tiered system or ones -- they're groupings of square footage. There are three of them. They're homes less than 1,500 square feet, 1,500 to 2,499 square foot, and 2,500 square feet and larger. We've gone through extensive studies, not only with our consultants, our impact fee consultants -- we use several different consultants -- but also our outside legal counsel, to develop the most legally defensible study and fee schedule. And we've struggled with exactly this issue of what's the best way to assess these fees. And what's come back from the consultants and from legal counsel is that this tiered system is the most fair and legally defensible way to assess impact fees. A home, for example, like Mr. Swasey's, was a smaller home and now it's a larger home, and so what he pays, regardless of the time the home was built, so long as it was legally permitted, he pays the difference between the fees for the small home and the fees for the larger home. In his case, yes, his addition is 80 square feet, but the same 1 ,512-square- foot home being built today would be required to pay homes in that category. Those homes are grouped together because the demand characteristics for those sizes of homes are similar, and that's the way that these categories have been developed. We have spoken extensively with outside counsel and with the consultants about whether a per square foot charge would be better or any other type of charge, and they have come back and said, no, that this is the way that they're recommending that this be done, that this is what the data supports, and that the fees need to be applied and administered this way. CHAIRMAN HALAS: Can I ask -- I got one question. Is there any counties in Florida that use square footage in all their impact fees? Page 52 October 10, 2006 MS. PATTERSON: We asked that question of our consultant, and what they've come back with is, those that are still using square footage are moving towards this tiered scheduled. We actually used to use square footage at one point in time and were told, no, this is not right and we need to use this. There are three other counties -- besides the ones that use the same breaks as us, almost all of them now are using these three categories. There are a couple of jurisdictions that have a different layout on the breaks, or maybe they have a couple more categories. We did talk to outside counsel about that recently -- as recently as yesterday -- and he did indicate that he feels that we have established our fees, that we have determined that based upon the best available data, and that these are the established breaks. If we start to add more, there'll always be somebody that goes over by a little bit and wants to be pushed back into the other category, that we've determined with all the best data, that these are the breaks, these are the categories that we should use. And he feels very strongly that those are the ones that should remain. CHAIRMAN HALAS: Okay. Commissioner Coyle? COMMISSIONER COYLE: Yeah, I think we need to focus on the real issue here. There's nothing wrong with the calculations of the impact fees. There's nothing wrong with the way it was applied by staff. There is absolutely nothing wrong with the way the county applied the impact fees. The problem is that somebody, the prior owner, before Mr. Swasey, violated the law. MS. PATTERSON: Correct. COMMISSIONER COYLE: That's bottom line. If somebody hadn't violated the law, Mr. Swasey wouldn't be in the situation he's In. MS. PATTERSON: He'd owe about $40 in impact fees. COMMISSIONER COYLE: Yeah, that's right. So it is not our fault that these impact fees are due. Page 53 October 10,2006 You have a house that is bigger than the tax assessor thought it was, and you haven't been paying taxes on the entire value since, what is it, 1999? MR. SWASEY: Ninety-seven. COMMISSIONER COYLE: Ninety-seven. So for nine years almost, you haven't been paying taxes on a larger home that you should have been paying tax on. You didn't know that? MR. SWASEY: I had no way of knowing it. Survey was done, and it was submitted to the county tax assessor, and it was submitted to the government staff. COMMISSIONER COYLE: There is an old saying -- MR. SWASEY: There wasn't a -- no red flags were ever thrown up, and it wasn't out of line of where it -- where I felt the normal tax should be for that size a house. COMMISSIONER COYLE: There is an old saying, caveat emptor -- COMMISSIONER HENNING: Buyer beware. COMMISSIONER COYLE: -- buyer beware. And that's why it's necessary when you buy any property to verify what it is you're buying and to make sure -- MR. SWASEY: It was on the county -- it was on the plot. COMMISSIONER COYLE: Okay. I'm not going to argue the point with you. The point is that that is the problem. It's not anything that has to do with the county's calculation of impact fees or its application of impact fees. Now, I will say this: It seems a little bit unfair to charge Mr. Swasey the impact fees as they are today rather than paying what they should have been in 1997 at the time that this thing apparently took place. MS. PATTERSON: He was also given credit for the impact fees as they are today for his existing home. So it's the impact fees today for the small house against the impact fees today for the larger home. Page 54 October 10, 2006 If we were -- we could go back -- COMMISSIONER COYLE: I understand. MS. PATTERSON: -- if there had been a building permit or anything to show that the addition was legally done, then, yes, we absolutely could go back. But we have absolutely nothing to base going backwards on. COMMISSIONER COYLE: Okay. Now, one final question and I'm finished with this. Has the tax assessor calculated the amount of taxes that would be due today for those nine years? MR. MUDD: Commissioner, he -- it's about -- it's about anywhere between 800 and -- it will be about $100 a year, okay, is what he's telling me; 80 to a $100 total. For nine years, you're talking about $900 thereabouts in back taxes. COMMISSIONER COYLE: Now, we don't have the right to forgive taxes, do we? MR. MUDD: (Shakes head.) COMMISSIONER COYLE: So we can't even do anything with that one. So I guess -- I understand the problem, and if I were in Mr. Swasey's position, I'd be very upset too, but the anger has to be directed at the person who sold the house and who did something wrong. MR. SWASEY: Well, sir, we've tried to contact the owner of this house on an earlier matter not related to this years ago, and the owner -- the previous owner of the house is unobtainable. I believe Mr. Mudd's office has also tried to contact the owner, the previous owner of the house -- MR. MUDD: We've tried yesterday, and we called about 12 people with the same name, and none of which will admit that they ever lived in Naples. COMMISSIONER COYLE: And did you have a title company insure this property? MR. SWASEY: Y eah. We had the title -- we had title insurance Page 55 October 10,2006 on it. COMMISSIONER COYLE: Have you talked with your title company? MR. SWASEY: Well, that was nine years ago, sir. Title insurance is gone. Title insurance only lasts for, you know, a relatively short length of time. It's not for as long as you own the house. If you own the house for 25 years, title insurance isn't going to go back 25 years for you. COMMISSIONER COYLE: Okay. CHAIRMAN HALAS: Commissioner Coletta? COMMISSIONER COLETTA: Yeah. Amy, the problem is that you can't establish when these improvements were made. Were these improvements of the nature where you'd be able to see them from the air? They do take photos every year. Have you tried that? MS. PATTERSON: We've looked at aerials and looked at the property appraisals site to try to establish. But what it is is, it was a screened-in and is now an enclosed porch. So even from above you can't -- COMMISSIONER COLETTA: Okay. So you wouldn't be able to see it from the air. MS. PATTERSON: Right. And it wasn't -- what started it is that we noticed a difference from the square footage on his plans when he was adding on the bathroom to what property -- we always go back and check the property card and check our old records to make sure everything is consistent. And sometimes we find people have more square footage and it actually helps them. So, you know, we have to check all these things, and also make sure that the appropriate building permits are reflected. We do have building permits on the property going back to the original house in 1983 or 1984, re-roofing and adding of a slab. There are several things, but there was nowhere that we could find or establish when the porch was enclosed or any building permit that would have been Page 56 October 10, 2006 related. CHAIRMAN HALAS: And the architect that submitted the plans also stated that the footage, the square footage, that was there today prior to adding the bathroom; is that correct? MS. PATTERSON: Right. It reflects the 1,600 square feet on the plan. It actually is showing as enclosed living area. COMMISSIONER COLETTA: If there's a lesson to be learned from this, is that it is extremely important, not only for the well-being of current property owners, but for when they get ready to sell their property, that everybody get the correct permit and go through the correct procedure and pay those couple extra dollars in taxes. It gives you a level of protection. And this is a good example of somebody that didn't follow the rule of the law, and this gentleman is holding the short end of the stick. MS. PATTERSON: That's correct. And we've run into this situation before with enclosed garages, enclosed screen enclosures. I mean, it is -- it's something that comes up frequently, and we find these things as we're trying to help them establish their square footage and determine the amount of the impact fees. COMMISSIONER COLETTA: I'm not going to ask any more questions because I don't want to bring any more hardship on this gentleman. CHAIRMAN HALAS: Okay. At this time -- I want to thank you very much for your time and consideration. At this time we'll take a 10-minute break, and we'll be back at 10:50. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, Commissioners, you have a hot mike. CHAIRMAN HALAS: Thank you very much, County Manager. Page 57 October 10, 2006 County Board of Commissioners is back in session, and I believe we're starting off with 9A. Item #9A RESOLUTION 2006-265: APPOINTING CHARLES MARTIN TO THE BLACK AFFAIRS ADVISORY BOARD - ADOPTED MR. MUDD: Yes, sir, 9A. It's appointment of a member to the Black Affairs Advisory Board. CHAIRMAN HALAS: Okay. COMMISSIONER COYLE: Motion to approve Charles Martin, who, I believe, is the only -- MS. FILSON: Applicant. COMMISSIONER COYLE: -- only applicant. CHAIRMAN HALAS: Okay. And I'll second that motion. We have a motion on the floor by Commissioner Coyle and a second by Commissioner Halas for Charles L. Martin to serve on the expired term of the Black Affairs Advisory Board. Any further discussion? (N 0 response.) CHAIRMAN HALAS: Hearing none, 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: Opposed, by like sign? (No response.) CHAIRMAN HALAS: Motion carries. Page 58 October 10, 2006 Item #9B RESOLUTION 2006-266: APPOINTING ROBERT MILLER TO THE TOURIST DEVELOPMENT COUNCIL - ADOPTED MR. MUDD: Commissioner, that brings us to your next item. It's 9B. It's appointment of a member to the Tourist Development Council. CHAIRMAN HALAS: Okay. COMMISSIONER COYLE: I make a motion that we confirm the Everglades City recommendation to appoint Mr. Robert Miller. COMMISSIONER COLETTA: Second. CHAIRMAN HALAS: Okay. We have a motion on the floor by Commissioner Coyle and a second by Commissioner Coletta for the appointment of the Tourist Development Council, Mr. Robert Miller. Any further discussion? (N 0 response.) CHAIRMAN HALAS: All those in favor for Robert Miller can say 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: Motion carries. Item #9C RESOLUTION 2006-267: RE-APPOINTING SHARON KENNY, WILLIAM DEMPSEY (W/TERM WAIVER) AND PATRICIA Page 59 October 10, 2006 HUFF TO THE HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD - ADOPTED MR. MUDD: Commissioner, the next item is 9C. Appointment of members to the Historical Archaeological Preservation Board. COMMISSIONER COYLE: I recommend that we accept the committee chairman recommendations of reappointing Sharon Kenny, William J. Dempsey, and Patricia A. Huff. COMMISSIONER HENNING: Second. MS. FILSON: Okay. And Commissioner Coyle, if I may interject. William Dempsey has served more than two terms, so we'll need to waive 7B of2001-55. COMMISSIONER COYLE: Okay. That -- my motion includes that. CHAIRMAN HALAS: Okay. Do we have a second on that? COMMISSIONER COLETTA: I'll second it. CHAIRMAN HALAS: Okay. MS. FILSON: I think Commissioner Henning did. CHAIRMAN HALAS: All those in favor of the reappointment of the three people that were mentioned by Commissioner Coy Ie, 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: Motion carries. MR. MUDD: Commissioner, you have an II-o'clock, and I'm looking at the IO items, and I don't think there's any of them that we can do in four minutes. Page 60 October 10,2006 If the folks are here to discuss the Habitat Conservation Plan Advisory Committee? Okay, they're here. Okay. Commissioners, if it will be okay, they're ready to start this three minutes early, is that all right? CHAIRMAN HALAS: That's great with me. Item #10A RECOMMENDATION TO CONSIDER A RECOMMENDATION FROM THE HABITAT CONSERVATION PLAN ADVISORY COMMITTEE TO IMPLEMENT A RED-COCKADED WOODPECKER COMPLIANCE PLAN - DISCUSSED MR. MUDD: The next item is lOA. This item to be heard at 11 a.m. The item continued from the September 26, 2006 BCC meeting. It's a recommendation to consider a recommendation from the Habitat Conservation Plan Advisory Committee to implement a Red-Cockaded Woodpecker Compliance Plan. Mr. Bill Lorenz, your Director of Environmental Services, will present. MR. LORENZ: Yes, thank you. For the record, Bill Lorenz, Environmental Services Director. I'm here for your Habitat Conservation Plan Advisory Committee to just simply introduce this item. This is a recommendation from the committee to implement or at least get the board's direction for a-- what's called a RCW, Red-Cockaded Woodpecker Compliance Plan. The committee was -- is making this recommendation as an alternative for the board to consider two Habitat Conservation Plans for, let's say, two reasons. One reason is that the Habitat Conservation Plan effort is going to be several years in length; and, secondly, that this can be also an alternative and gat -- does gather some of the data that would be needed to feed into that plan. Page 61 October 10,2006 The plan basically has three components dealing with a regulatory component with regard to issuing -- issuing permits from the county, a monitoring of habitat component and an outreach component. Just simply noted that if the board wishes to move forward with this particular item, staff would recommend that it would -- that it would be part of your 2007 Land Development Code amendments to the degree that you would wish to see any regulatory components of this plan be implemented in the near future. Other than that, Maureen Bonness with your committee is here. She's going to present the details and the plan further. She was a part of the subcommittee that worked extensively on the plan. I do know that Judy Hushon is also here; she's also on the committee. And I have Mac Hatcher, my staff member, who may be available to answer any questions as well. Other than that, I'll have Maureen speak to you now. CHAIRMAN HALAS: Okay. MS. BONNESS: Good morning, Commissioners. The Red-Cockaded Woodpecker is a federally endangered species; therefore, it comes under the jurisdiction of the U.S. Fish and Wildlife Service. The plan we have in front of you is a compliance plan that helps explain exactly how the county will comply with these rules that are already in place with a few caveats. This compliance plan that we have here that we've developed here has been edited and approved by Ralph Costa, who is the U.S. Fish and Wildlife Service head honcho chief of RCW s. So he is a person that U.S. Fish and Wildlife has stated is in charge ofRCW recovery, regulation, et cetera. And, in fact, he is one of the authors on the recovery plan, which this book here explicitly lays out the rules, guidelines, et cetera, for taking care of RCWs. Page 62 October 10,2006 Collier County's known RCWs are in Big Cypress National Preserve, South Belle Meade and North Belle Meade. The areas of Big Cypress and South Belle Meade are mainly under public conservation land, and so they will not -- the private owners in those areas will probably not be affected by this plan. It's very unlikely. The area that will be affected by this plan, the area of concern, is North Belle Meade. Within North Belle Meade we know of four, five groups currently. RCWs, Red-cockaded woodpeckers, live in groups. This is the breeding pair and possibly a few others. This group of birds lives in a defined cluster of trees. These clusters of trees are their nesting and resting cavities. And then the group forages around a certain territory that extends, perhaps, a half mile or so. Now, people that have done research on the Red-Cockaded Woodpeckers have researched exactly how far do they forage, what do they need, what is the minimum amount of property they need, what kind of habitat, the quality of it, and the quantity of it in order for those to survive and to not come under a situation that the Endangered Species Act would call a take. All of the birds, their cavity clusters and their foraging habitat is currently protected by the Endangered Species Act. That's not something that is different in this compliance plan. They are already protected. The recovery plan that I've got here is based on science. It is widely accepted throughout the scientific and regulatory community of people that deal with RCW s. The compliance plan reiterates the guidelines within this book for private lands. They have certain ones for public lands. We're not dealing with that here. We're dealing with private lands, and they have separate kinds of restrictions in the private lands. The compliance plan you have in front of you has one big difference, and that is, instead of just looking at the minimum of Page 63 October 10, 2006 foraging habitat that these birds need, we also consider the amount of land that anyone would clear if they were going to build a home on their property. So it considers property rights of each of the home -- potential homeowners in this -- in the area. The bottom line when it comes down to it is that not everybody in North Belle Meade can have a nursery or clearing for land -- or agriculture. But hopefully with this plan everyone can have a home. But if they keep clearing, eventually there'll be too much property cleared for agriculture and, therefore, it will restrict future homeowners from clearing. If there's -- the do-nothing scenario is, that's probably what would happen. In this county plan here, there's a couple of other things that must become active within the county. One is to monitor the amount of habitat remaining so that the county knows when it gets down to the minimum. The minimum is described as this 3,000 square foot basil area that has to do with the size of pines and how many there are and how dense they are. And the county will monitor that through aerial photos as well as some ground truthing, some plots where they will study them, and they will monitor that every year so that they know when somebody applies for an ago clearing permit, they can look at their map and say, we've still got plenty of land. That's no problem, or, no, we're down in the 75 -- or the minimum for these birds, so, therefore, in order for you to get a clearing permit for agriculture, you're going to have to contact the Fish and Wildlife Service. The do-nothing scenario, as I said, would be that not everybody would be able to have a home. And so this plan -- we still believe that we have the option, that currently there's enough habitat out there for everybody to have a home, but there's not enough for everybody to have a nursery. The county is complying with the Endangered Species Act within this. It protects the property rights. There's also an outreach Page 64 October 10,2006 component involved in this, so this would be another activity thing that the county would have to do and put some money forward to have an outreach program to notify property owners so they know. It's not a surprise. If you go out there now and talk to some of the property owners, they'll say, no, I am not in foraging habitat, but they may be. But they may not want to admit it. So this has an active outreach plan as well. That summarizes what I wanted to say about the plan to give you a little bit more on the biology and the rationale. Any questions? CHAIRMAN HALAS: Okay, Commissioner Coletta? COMMISSIONER COLETTA: Ms. Bonness, I'm a little bit concerned about -- if you read on page 6 of 1 7 down at the bottom, it says the plan will cover all of Collier County except the rural land stewardship area and the Northern Belle Meade receiving area. MS. BONNESS: Yes. COMMISSIONER COLETTA: Okay. So the plan isn't limited just to the agricultural lands or the large landowners; it's inclusive of all of Collier County? I mean, if -- MS. BONNESS: Yes. COMMISSIONER COLETTA: -- for some reason these ever decide to take up residence on -- oh, in Commissioner -- in Pelican Bay, they would also be in effect there, I would assume? MS. BONNESS: Yes, it would. COMMISSIONER COLETTA: Okay. MS. BONNESS: The likelihood is pretty low. COMMISSIONER COLETTA: Well, possibly, but then again, too, we said the same thing about the panther as far as being in the Estates. MS. BONNESS: Well, I would -- I would suggest though that the RCW s are very specific about their habitat. The panther is a very different issue because it's wide range -- COMMISSIONER COLETTA: Okay. Page 65 October 10, 2006 MS. BONNESS: -- and the RCWs are very small, and therefore, we can handle that -- COMMISSIONER COLETTA: I stand corrected. But let me get to the point. Now, I have no problems with protecting endangered species, but there's one form of endangered species I'm extremely concerned of, and that's the individual landowners. And I tell you, whenever you have something that's so inclusive as to say, you know, within a -- what is it, a half a mile of a cavity cluster, you're going to have certain restrictions, within a quarter of a mile of an active cluster, the -- certain development can't take place. A lot of these lots only measure maybe 75 feet wide, and, you know, if you strategically have one of these in place, people that bought buildable lots in good faith are now out of the question, they no longer can build on those lots until sometime in the distant future. I mean, we've seen regulations before that limited use, and we've seen the wetlands issue come upon us over the last 10 years, but people could still build on parts of their land. They could still mitigate other places. In this case it's all or none. What is being done to be able to compensate the average landowner for the value of their land that they're going to lose? Is there anything built into this to be able to make compensation? MS. BONNESS: This plan is designed so that you won't have any loss of property owner rights as far as building a home. It does not guarantee agricultural rights. But this is designed so you won't have a person who cannot build on their property for a home. COMMISSIONER COLETTA: Okay. So let me put the question another way, and forgive me if I'm dragging this out. It won't take too much long -- too much longer. If someone owns a lot that's maybe 75 feet wide in Golden Gate Estates and they're getting ready to build on it and they decide -- and all of a sudden they find that in the dead center of the first 100 feet of the lot there's a nest tree, a cavity tree. These people still will not be Page 66 October 10, 2006 restricted from building? MS. BONNESS: If -- there aren't -- as far as we know right now, there are no nest cavities in Golden Gate Estates. If they were to find one, the county is already obligated to preserve that. The county cannot allow a property owner to take away that cavity tree and use that area around it. You are already -- we are already restricted by the Endangered Species Act. COMMISSIONER COLETTA: But I mean, a cavity tree is probably something that's going to, under ideal circumstance, probably last for many generations of these little woodpeckers; am I correct? MS. BONNESS: We would hope they would. Depends on hurricane, lightning, thunder. COMMISSIONER COLETTA: Okay. So we have the problem of a person, just an average Joe -- Blow Joe -- Joe Blow homeowner who has bought this property in good faith, put all their savings into it with the idea that they're going to build a house on it, and the value of that property might be 150-, $200,000, now they don't have use of their property. What have you come up with for a plan to compensate them? MS. BONNESS: We have not, but I -- I would bet there would be a number of people that would be very willing to pay at least the value of a lot, if not more, for mitigation property for RCW s. I know that there were some properties in North Belle Meade that went way high because of City Gate's mitigation efforts. Trying to buy the clusters, the price went up. COMMISSIONER COLETTA: That's all fine and good, but I would like to see that all inclusive in your study. It would help very much to ease my concerns of where we're going with this. MS. BONNESS: I don't think anybody in Golden Gate Estates is going to be affected by this. COMMISSIONER COLETTA: Well, let's forget Golden Gate Page 67 October 10, 2006 Estates. How about Pelican Bay, ifunder ideal circumstance somebody did be able -- get a cavity tree in there. You don't know it's not possible. There might be a large area there with mature trees and these birds start to expand their range. They could end up -- forget Golden Gate Estates, forget a geographic area. I don't give a darn if it's Golden Gate Estates or if it's the agriculture area. I'm talking about people that have home -- lots to build homes on that is legal under the law today. And how can we compensate them for this loss? The loss is forever. It's not like an eagle nest where you wait till the end of the breeding season and you're back so far and you can still put something in. This is -- this sounds like it's all inclusive forever. I mean, they lose the rights to the land. Who compensates them for the loss? And I'd like to see that in the plan. I'd like to see this all inclusive to be able to make that small individual whole down the line, that person maybe we don't even know who it is today. But I can guarantee you, he will appear or she will appear sometime in the future. MS. BONNESS: I think you're probably 100 times more likely to have an eagle nest than an RCW. There are parts of the county where they're trying to put them in. They're excavating the holes for them and trying to -- and transplanting them from other places. COMMISSIONER COLETTA: And that's fine and good. MS. BONNESS: And it's a very difficult effort to try to get them in your property. COMMISSIONER COLETTA: Okay. Thank you very much. CHAIRMAN HALAS: Commissioner Henning? COMMISSIONER HENNING: Yeah. The property rights are very, very important, and that's my concern. And I know that state statute says local government cannot prohibit a bona fide agricultural operation from existing. And so when you bring something back as far as any adoption, I would hope that Page 68 October 10,2006 county attorney would take a look at property rights and tell us what kind of exposure that the Board of Commissioners is going to have if adopted. CHAIRMAN HALAS: Okay. COMMISSIONER HENNING: Thanks. MS. BONNESS: From my understanding, on the agricultural rights, is that we cannot, but the u.S. Fish and Wildlife can prohibit agriculture. COMMISSIONER HENNING: Yes. And if we take that over, that duty over, those property rights will be responsible by the Board of Commissioners or the taxpayers. MS. BONNESS: As far as I know right now, we do not -- we do not permit agriculture where people have given agriculture clearing notification. COMMISSIONER HENNING: Right. Here's what I understood you to say -- and correct me if I'm wrong -- you said this will stop people from clearing their land for agriculture; that's right -- that's correct? MS. BONNESS: I would say not everybody in North Belle Meade can clear for agriculture, yes. COMMISSIONER HENNING: Okay. And my understanding of the law is local government cannot dictate bona fide agricultural. County attorney will take a look at it and give us advise. MS. BONNESS: We would not in this plan either. COMMISSIONER HENNING: Pardon me? MS. BONNESS: We would not be restricting it in this plan. Those notifications get referred to U.S. Fish and Wildlife Service. COMMISSIONER HENNING: Okay. MS. BONNESS: We do not say you can't have it. We say, you have to talk to U.S. Fish and Wildlife Service. COMMISSIONER HENNING: All right, all right. Thanks for the clarification. Page 69 October 10,2006 CHAIRMAN HALAS: We have public speakers on this? MS. FILSON: Yes, sir. We have four speakers. The first one is Timothy Nance. CHAIRMAN HALAS: Okay. MS. FILSON: He'll be followed by Judith Hushon. MR. NANCE: Good morning, Commissioners. Thank you for the opportunity to speak. My name is Tim Nance. I'm a resident of Northern Belle Meade. I'm not a lobbyist. I'm here speaking for myself and for some of my fellow residents in Northern Belle Meade, which is an area which has a lot of activity, and I'm going to talk just for a few seconds on generally Northern Belle Meade. Originally the entire area of Northern Belle Meade was agriculturally zoned. It was not considered to be agriculturally valuable because it had been logged, drained. It's been burned over many times, and it's been the site of a lot of rural activity. Many years ago it was divided into many, many two-and-a-half and five-acre parcels that are now privately owned. As buildout has come into view, it's been coming to renewed interest by environmental advocacy groups as everybody can see the end of the property in Collier County. It's been regulated by the rural fringe plan, the Northern Belle Meade overlay, the transfer of development rights program, all of which have had a tremendous impact on small parcel owners. Well, those are people that are trying to live a rural lifestyle and they bought their property not in Golden Gate, but because it was agriculture and they wanted to conduct nurseries, small groves, ranches, stables or a rural homestead. Commissioners, you are the stewards of the land and of the people. You have to make many difficult decisions. But you are the only potential protectors of these small property owners. These are people that are not wealthy. They can't afford counsel. They can't Page 70 October 10, 2006 come forward to plan -- to come forward with an amendment of a Bert Harris Act, and they are becoming the most endangered species, that is the people that want to conduct a rural lifestyle or ago activities. I would ask you to please have it in your hearts to consider, perhaps, the unintended consequences of these sweeping plans and rules on small rural and agricultural landowners. They're the ones that are endangered species. They're the ones that are losing the use of their property via zoning changes, ordinance rules and plans. It's basically a death by 1,000 cuts. I'm opposed to yet another layer of bureaucracy and rules that could have a devastating effect -- another devastating effect on these people. I can't imagine sending forth a myriad of people to count dead trees with measuring tapes. What's going to happen when lightning strikes another tree? Now we have another potential cavity tree. Now we have a protected spot. Or wind blows it over, now it's gone, now it's back. Please have it in your heart to protect the small landowners in Northern Belle Meade. Thank you. CHAIRMAN HALAS: Thank you, sir. MS. FILSON: The next speaker is Judith Hushon. She'll be followed by Nancy Payton. MS. HUSHON: Hello. I'm on the EAC as well as I felt -- we felt this was very important, given the fact that we are often affected by threatened and Endangered Species Act issues on properties that we're trying to approve zoning changes for. And so I agreed to serve on the committee along with Maureen for -- that has put together this recommendation. What happens to us normally is that we do everything piecemeal. This property comes up, then that property comes up, then maybe one down the street comes up, and we do things piecemeal. If we keep doing things piecemeal, we run into this problem of 1,000 cuts in Page 71 October 10, 2006 attrition, and we do deep gnawing in on habitats. If we think habitats are important -- and obviously our state and federal governments do, and I think this county government does, too. Habitats for the threatened -- these aren't called threatened and endangered for nothing. It's very hard to get something on the list. These have been put on the list as threatened and endangered. We have some of the very few colonies of these birds, and that's one set. We're actually working, however, of course, on all the threatened and endangered species and coming up with some sort of a plan to deal with many of them, but this was a first cut because there's some pretty good science on these birds. There's better science on them than there are on some of the other species. That's what Maureen presented to you. Our thought was that it's good if you can have a monitoring program, what's going on on a regular basis. You have somebody in the county who has put a little red tag on these properties that we know are critical properties so that they don't just go and clear-cut willy-nilly. Things happen. There's an attempt to preserve as many of these trees as can be preserved even in the development that goes on. This won't prevent any houses from going up. It won't prevent those kinds of uses. It may prevent agricultural uses if you're the last guy on the block. If you're not the last guy on the block, it probably won't inhibit you, unless you happen to have the cavity tree on your property. I mean, that's where we're coming at. If you have it on your property now you're not going to be able to take it down. That's the law. That's the way the law works. You have to go to Fish and Wildlife. They mayor may not let you take it down. We know there are a lot of problems with other species, and we're going to be following up. We're now looking at panthers. Obviously they're a big deal. We know that the Gopher Tortoise relocation isn't working, so we will be looking at Gopher Tortoises again with some issues related there. Page 72 October 10,2006 But RCWs are before you as kind of our first cut. We'd like to start following them faster than two years in terms of getting recommendations to you. This seems to be a very level-headed presentation of how to -- how to deal with these little birds. And they are a resource to us. We can't just write off our resources. That's also an issue. If this county keeps writing off their resources -- you know, these little birds probably used to be on the east as well, and they're not anymore. So we'd like to keep our little birds with us. Thank you. CHAIRMAN HALAS: Thank you very much. MS. FILSON: The next speaker is Nancy Payton. She'll be followed by Marco Espinar. MS. PAYTON: Good morning. Nancy Payton, representing the Florida Wildlife Federation, and I'd like to speak briefly in support of this compliance plan which we view as an interim plan until the Habitat Conservation Plan is implemented. Mr. Nance made some comments. I inferred from those as, let's not look at small landowners, individual property owners. Let's leave them alone. Well, we can't do that. They have obligations under the Endangered Species Act as well that exist, and I think it's in their interest and the county's interest to inform these people through plans such as we heard about today that they do have obligations under the Endangered Species Act, and this is how you go about meeting them. That protects them from possible litigation or other actions, and it also helps the county in its exposure because the county also has obligations under the Endangered Species Act and shouldn't continue to give out building permits in lands that they know are occupied by listed species. So there are issues of the county's exposure under the Endangered Species Act that also ought to be looked at by the county attorney when they look at this plan. Page 73 October 10, 2006 Again, I want to make a plug for the Habitat Conservation Plan, and that I would prefer that the Habitat Conservation Committee be looking at the big picture rather than continuing to do these individual species plans, because we're going to be at that for my lifetime because there's so many species. But if we look at a comprehensive plan, the Habitat Conservation Plan, we can deal with these species all at once. I understand the RCWs because they're under imminent pressure. You're required under your comprehensive plan to develop a strategy to protect them, but other species; I think we need to look at under the HCP. And I thank you very much, and those are my comments, and I hope that you move this plan forward. Thank you. MS. FILSON: Your-- CHAIRMAN HALAS: Thank you very much. MS. FILSON: -- final speaker is Marco Espinar. MR. ESPINAR: Good morning, Commissioners. For the record, Marco Espinar, Collier Environmental Consultants. And for disclosure, I am -- I do represent an individual homeowner -- or a property owner that may be affected by this. That property is to the west of the landfill and east of City Gate, known as Century Park, and it's a project that -- of regional significance that we've been working on for four or five years. And the reason I'm here is because of my uncertainty of how this is going to affect our project in the long-term, considering that we've been in the permit process now for four or five years; however, talking with staff and everything, I'm pretty assured that everything's going to work out, however, I'm still concerned about some of the vagueness in this -- in this paper. Specifically, the language is very liberal and encompasses all of Collier County, but the maps at the back, okay, are very site specific Page 74 October 10, 2006 to the North Belle Meade area. This started with the GMP in regards to the Belle Meade area. And my question is, I -- or my statement is, I think, is that we need to have specific boundaries that this is affecting. Is Golden Gate Estates exempt from this? Is the rural stewardship areas exempt from this? Is City Gate exempt from this? They've got their own HCP. I think that that needs to be more clearly defined in this paper as to which are the parcels that are being affected and which are not, which is the area encompassing this area? Moving on though, there are some other concerns I have within this paper, specifically in the definition sections. To start with, I didn't see any definition at all identifying what an abandoned cavity tree is. I think that's very important to identify when an abandoned -- a cavity tree is designated abandoned. I did not see this in the definitions at all. More importantly though, I think, is the definition of foraging habitat on that paper. If you look at the definition of foraging habitat, it's not describing foraging habitat. It's describing prime RCW habitat, which is very different than foraging habitat. So my recommendation is that you fine tune the definition of foraging habitat. I heard a statement of roughly half a mile circumference from the active cavities. As such, I would recommend that you be specific as to identifying what is the area of foraging. Currently right now any 411 pine palmetto areas will be classified or can be classified as foraging habitat. Even though you may have prime habitat, that does not necessarily mean that it is foraging habitat. I will also -- I'd like to sort of conclude a little bit with the fact that there is a recommendation that staff start mapping out foraging habitat after six months -- my understanding is, after the BCC approved this. My recommendation is, that's done first. We need to identify specifically what areas are we talking about so the individual property owners know. Page 75 October 10, 2006 CHAIRMAN HALAS: Sir, can you wrap it up? MR. ESPINAR: Thank sir. That's it. CHAIRMAN HALAS: Oh, thank you. MS. FILSON: That was your final speaker, Mr. Chairman. CHAIRMAN HALAS: Okay. Any further -- Commissioner Henning? COMMISSIONER HENNING: We're not actually being asked to adopt anything today, are we? CHAIRMAN HALAS: No. COMMISSIONER HENNING: No. It will have to be through an ordinance or resolution. Would it be a land use ordinance such as Land Development Code? MR. LORENZ: Bill Lorenz, environmental services director. That is -- that is what staff is recommending, that this process go through the Land Development Code because you will be dealing with a variety of permitting issues. And some of -- and some of the details and points of clarification that some of the speakers brought up, of course, that would -- that would be all part of that -- developing those detailed code provisions. CHAIRMAN HALAS: Okay. COMMISSIONER HENNING: Could we get some answers before we give direction to further the endeavor? Some of the questions were brought up today, concerns and questions. Can we get some of those answered before we give that direction? Maybe not today, but at a later time? MR. LORENZ: Certainly. The notes that I had from, let's see, the last speaker, Marco Espinar, there are certain definitions that we can get defined. I'd have to have my staff or Maureen answer the questions specifically as to -- as to the definitions, but those definitions would be further developed in the Land Development Code. The other point that he made was concerning whether it would be Page 76 October 10,2006 all of Collier County or just North Belle Meade. To some degree, that's a little bit of a policy decision for the board. I know you recall during your resolution for the Habitat Conservation Plan you did exclude the rural land stewardship area from consideration. The point to be made, however, is that these recommendations would be to have the county to look at a permit -- let's say, a proposal coming in. If the -- if the proposal conforms to the restrictions that would be identified in the Land Development Code regulations, then the county staff would simply issue the permit. If there was any -- if there was anything against those conditions, the proposal that you have in front of you now would be to -- would be to have the applicant receive confirmation from the U.S. Fish and Wildlife Service that that proposal can move forward, and that's -- and that's somewhat of the answer to Marco's questions concerning existing activities. If certain existing applications or projects that have been in the works have their own Habitat Conservation Plan, essentially that's our technical assistance from the agencies that the agencies are allowing those proposals to go forward. So to answer those questions, as long as he's got -- the applicant has that information from the U.S. Fish and Wildlife Service, then under this proposal, then the county would be able to issue those permits. The one question I can't answer right off the bat would be Commissioner Coletta's question concerning compensation for the potential loss of property . We'll have to work that through the County Attorney's Office to determine how we can either constrain it so we don't allow that to happen from a county's permitting process, or if there is no -- no constraint for that, then obviously we'd have to identify some other option for you. But I don't have that information available for you today. I'm not sure if there was any other questions that I may have missed. CHAIRMAN HALAS: Bill, this group, when it was put Page 77 October 10,2006 together, were you involved in this study group? MR. LORENZ: This is the Habitat Conservation Plan Advisory Committee that was established by the board as ad hoc committee. And yes, I was staff to the committee. CHAIRMAN HALAS: Okay. So we used the best science that's presently available in regards to this study? MR. LORENZ: Yes, yes. You had -- CHAIRMAN HALAS: Because I think that was one of our concerns that we were going to possibly use the best science that was available at the time we put this group together. MR. LORENZ: Yes. You have Maureen Bonness, who is very knowledgeable, for the recovery plans. We also worked with another individual who has expert -- has certain expertise with RCWs. And the information that you have that's within this proposal comes, for the most part, out of the U.S. Fish and Wildlife Services' recovery plan for RCW. CHAIRMAN HALAS: My other question is, is there other counties within the State of Florida that have an RCW plan and that are looking at an RCW plan similar to what we're doing here? MR. LORENZ: No. We don't know of any other counties. We would probably be the first. CHAIRMAN HALAS: Is that because they don't have the habitat for RCW s, or can you answer that? MR. LORENZ: Maureen? MS. BONNESS: There are many other RCW populations in Florida, especially in the Panhandle. Some of the ones that are more endangered are more in central Florida, around Orlando, in that area. The ones in the Panhandle have lots of space, and many of them actually are in bombing ranges and military installations. I know of no examples in Florida where you have this -- a need for some kind of plan. There are some examples right now in North Carolina. There's one where they are taking property building rights Page 78 October 10,2006 away from people because it's much smaller acres, and so the U.S. Fish and Wildlife is actually telling property owners they cannot build. It's kind of similar to scrub jays in Charlotte County. CHAIRMAN HALAS: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yes. The directions were given. Staff is more or less going to take this back and then bring it back to us with some of the comments and ideas that we put forward, I would believe. We're not adopting anything today; is that correct? MR. LORENZ: That's correct. COMMISSIONER COLETTA: Well, if my fellow commissioners agree that we need to have this looked at as far as either the removal of private property lots from this or compensation in a way that really makes these people whole, I'd be more than willing to endorse moving forward on this. CHAIRMAN HALAS: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. Just two -- two things. It sounds to me, as long as you're following the rules of the U.S. Fish and Wildlife, that what you're doing is just customizing it for Collier County; is that what it is? I mean, you're not doing anything more than that's already demanded, right? MR. LORENZ: That's correct. The-- COMMISSIONER FIALA: Required. MR. LORENZ: The basis of -- the basis of the proposal is to take what the U.S. Fish and Wildlife Service would require, have the county adopt that as its set of rules so that as a -- as an applicant comes forward, the county can ensure that the applicant is -- in getting any permits by the county, the applicants will conform to the U.S. Fish and Wildlife Service's rules. If there is some indication that they would not conform to those rules, then the proposal is to have that applicant contact U.S. Fish and Wildlife Service, provide a statement to the county that their proposal is okay with U.S. Fish and Wildlife Service. That ensures that the Page 79 October 10, 2006 applicant is not going to run afoul of the federal regulations and also provides the county some degree of, let's say -- we're taking out a little bit of a liability situation in the sense that we will not be issuing permits that could have resulted in a take of a listed species. COMMISSIONER FIALA: Well, I guess that goes back to a problem we discussed this morning, a guy adding a bathroom to his house. He bought the house, he thought it was all whole. And the comments were, let the buyer beware. And if they know they have RCW on their property or cavity trees or habitat or even if they don't, like this poor gentleman, let the buyer beware, I guess. CHAIRMAN HALAS: One of the things I'd like to see is that if someone finds out that they purchased a property and they find out that they have a cavity tree which may cause them a situation where they can't build, I would hope that -- or that he has the opportunity to sell this property to either Conservation Collier or to some group that would love to buy that property to keep it so that it's not destroyed. So I think the first course of action would be, if the person finds this and he's got private property, that he notifies the public that he's got a problem here and he'd like to get rid of this property and sell it at market value, and -- so that he can then find another piece of property where he can build on. I think that would be another way to go. COMMISSIONER FIALA: And I wanted to add to the buyer beware. I think that Commissioner Coletta was absolutely right, we need to find out how they will be compensated, because, you know, they shouldn't just lose something. CHAIRMAN HALAS: Well, that's why I'm saying, if they publish the land that it is cockaded woodpecker land and he finds this after he decides he wants to build, he's got a problem. Then he should be -- hopefully there will be someone that will step up or not -- then the recourse would be to figure out a way that he was going to be compensated for it. Commissioner Coletta? Page 80 October 10, 2006 COMMISSIONER COLETTA: I think we're heading in the right direction. I want to thank my commissioners for the compassion they're showing. I just want to make sure we clarify buyer beware. Just -- in many cases these people bought in good faith, and it was before the regulations existed for the Red-Cockaded (sic ) Woodpecker or any other endangered species. And they sat on these lands as an investment or to be able to build their own dream home sometime in the future. So once the ball's been passed -- now, the rules and regulations are still being firmed up, so at what point in time does buyer beware come into play? But I mean, you both -- both commissioners who just spoke clarified that very well, and I appreciate the fact on that. CHAIRMAN HALAS: Well, I think what we -- I think what the intent is, that if there's anybody that buys the land while we're going through this course, that they should make sure that they have someone knowing that they're in the North Belle Meade area, and if they're buying some land, that they need to have somebody that's an environmentalist to go out there and walk the property and find out just exactly, you know, what's -- if they have any cockaded woodpeckers on their particular property or if they have a cavity tree that's in existence. I think that's where they need to make sure that they're not stepping -- getting themselves in a problem. But I believe that people who have had the property for many years, and then we institute this law, I believe they should have the ability to see if there's some environmental groups that would like to purchase this property to take it off their hands. COMMISSIONER COLETTA: I'm not too sure if -- we've got an awful lot of conflicting ideas, although staff could always come back with a bunch of alternatives. I-- CHAIRMAN HALAS: They can sort out all the ideas that we just discussed. Page 81 October 10, 2006 COMMISSIONER COLETTA: Yeah, but I wanted to make sure that your last idea wasn't the idea that they're going to go back and try to work it. If Collier Conservation and some other conservation element wants to buy the land, that we're off scot-free. I'd like to see all the options brought back to us rather than just that particular one. Because they might never want to buy it. Let's face it. We just served as the example for that by stopping the purchase of certain lands in Golden Gate Estates that we thought were overpriced, and we know that if we sit back for a while, the prices -- at least we hope the prices will come down. They could do the same thing to these landowners, and they'd be less than whole. But that's a discussion for another day. If we could just go forward with the directions we gave staff with a broad array of suggestions that they can come back to us and offer us all the alternatives, rather than focus it so narrowly that we will never get to where we need to be. CHAIRMAN HALAS: Well, I think what we need to really do is figure out exactly if there are any lands presently that are in the -- in the areas that could be built on, if there is Red-cockaded woodpeckers on those particular lands. I think that's where we need to go to start with. COMMISSIONER COLETTA: I think the problem there is, that's a very, very detailed study that would take years to complete. Ms. Bonness is shaking her head no. It's all been done completely so that's no longer a problem. We know where every single one is. Even the lands that they won't let you on to survey, you already know what's there and what isn't. Very good. COMMISSIONER FIALA: But that's what Mario said though. He said he wanted the specific boundaries. He felt the specific boundaries should be identified as well as a map to show where these areas are. But you probable have that, right? COMMISSIONER COLETTA: I -- just due caution. You know, Page 82 October 10,2006 when we come back with this, I want to make sure it's something that I can put my name and sign for, because when it goes through the process, it's going to take four commissioners to be in agreement. And so let's try to tailor this thing so it's going to meet the needs of what's out there. I'm just scared that what we're giving now for directions is a little bit conflicting. Rather than be conflicting, I'd say, all inclusive; in other words, bring back all the alternatives. CHAIRMAN HALAS: Well, I -- yeah. And I think the other thing is, if this is incorporated in Land Development Code, that it's going to be scrutinized by not only the people who are going to be affected mostly, but I think it's going to be scrutinized by people on the Planning Commission, then of course we get our hands on it, and we're the first -- the last ones to put the stamp of approval. So I think we can address a lot of these questions and figure out where we are as we move through the course, the process. COMMISSIONER COLETTA: And I'm sorry. I don't want to belabor this, but I'd rather address a lot of these issues on the front end rather than on the back side. I won't support any efforts to go forward unless I know that we're going to do due diligence across the board. CHAIRMAN HALAS: I think we gave staff direction already in regards to that. COMMISSIONER COLETTA: Maybe you might want to tell us what our direction was? CHAIRMAN HALAS: Well, I think our direction was that the number of quests that we're going to go through and see if there's -- anybody's going to get ox gored in this manner, and that they were going to come back and basically tell us if there's any lands that are susceptible to the Red-Cockaded Woodpecker that could possibly be built on at this point in time; is that correct? MR. LORENZ: Mr. Chairman, if I could ask a question of clarification. In my presentation I indicated that as -- of course, we'd Page 83 October 10,2006 be looking at coming back to you in the 2007 Land Development Code amendment cycle process, and that's where the actual rules would be -- would be adopted. The question I have for the board is, is the direction for staff to work through the Land Development Code amendments, provide that kind of information to present to you during that process, or do you want to see these questions answered prior to giving us direction to begin the Land Development Code amendment process? CHAIRMAN HALAS: See the questions answered prior to going through the Land Development Code. MR. LORENZ: So in that sense, what we'll do is we'll take the advisory committee that you appointed a year or so ago, we'll work these questions through the advisory committee -- CHAIRMAN HALAS: Right. MR. LORENZ: -- they'll provide you a recommendation, that recommendation will be timed such that it will give us time to work out the details of the Land Development Code amendments if so given further direction by the board. CHAIRMAN HALAS: That's correct. MR. LORENZ: Okay. CHAIRMAN HALAS: Okay? MR. WEIGEL: Mr. Chairman? CHAIRMAN HALAS: Yes. MR. WEIGEL: And I'd just like to add that we've taken notes. The county attorney, of course, will be working with Bill and with the advisory committee -- CHAIRMAN HALAS: Definitely. MR. WEIGEL: -- related to any questions of liability, the application of the federal law, Fish, Game and Wildlife by and through the county, and questions of -- any questions of compensation that may come into playas well. CHAIRMAN HALAS: Okay. Thank you very much. That Page 84 October 10, 2006 needs to be addressed also. Thank you, Bill. CHAIRMAN HALAS: Okay. Item #lOB RESOLUTION 2006-268: RECOMMENDATION TO MODERNIZE AND UPDATE THE COUNTY'S PURCHASING POLICY - ADOPTED W/CHANGES MR. MUDD: Commissioner, that brings us to item lOB, and that's a recommendation to modernize and update the county's purchasing policy. Mr. Steve Carnell, your Director of Purchasing, will present. CHAIRMAN HALAS: I want to thank everyone that -- before everybody leaves, I want to thank everyone that put an effort into this. Thank you so much. MR. CARNELL: Mr. Chairman, members of the board, Steve Carnell, your Purchasing and General Services Director. And I'm here this morning to, first of all, report to you that the purchasing system in Collier County Government is good, and it's going to be getting better. Part and parcel of that is the recommendations I'm making to you this morning to help us take the next step to improve the performance of our purchasing system overall. Just want to give you a little perspective, give everyone the perspective listening to the presentation here, a little bit of what we're trying to address and the context in which we're functioning in. We have been operating under a $25,000 bid limit; $25,000 board approval limit for purchases for nine years. We've also been operating under a limit of $90,000 for the approval of our architectural engineering work orders that are authorized by the board following -- pursuant to master contracts that we place through the RFP process, and so those have not been updated in 10 years. Page 85 October 10,2006 Now, let's take a moment and think about what's happened in the last 10 years and talk about what's happened in the last 10 years, both within the agency and external to it. Over the last 10 years, the U. S. economy has experienced 34 percent inflation. The county's capital project activity has greatly expanded. Just for an example, Mr. Feder's capital improvement, transportation has grown more than five-fold in dollars in that 10-year period as we've really gotten serious about trying to meet our road delivery requirements in Collier County. Likewise, our project delivery demands have increased. Not only are we doing more work, but the projects are more complex and we're trying to deliver them more timely. Particularly in Mr. DeLony's area there's been an attempt to deliver capacity early as opposed to just in time to avoid situations such as we ran into with the consent order with the DEP, the North Wastewater Plant in the last few years. So we have those kind of environmental demands, if you will, business environmental demands, in the system that we're trying to address through a purchasing system that's responsive and open and accountable. Now, in all of that we've also seen some improvement in capacity thanks largely to the five of you. The board has invested significantly in technology and human resources that are attendant to the purchase of goods and services, particularly the SAP financial management system. This system's been tremendously successful in my department and is servicing the purchasing system throughout the agency and helping departments acquire goods and services. I'll talk a little bit more about that in a moment. We also, through the support of the board, have added a contract administration function within my department, which has enabled us to systematically and strategically establish contract negotiation methods that we estimate have saved several million dollars in just the two years that we've been in place with the system. Page 86 October 10,2006 It's also improved our ability to support and deliver contracts once we're under contract and a vendor is performing and delivering services to us and manage changes to contracts in a more open and accountable timely manner as well. We've also seen the board agenda process change substantially over the last 10 years. When I came to work in Collier County government 21 years ago, the board used to meet weekly and you used to write up your executive summaries on Wednesday morning, hand them to the county manager at noon, they went to the printer that afternoon. The board met the following Tuesday. We're in a much more complex and demanding environment now. The board meets every other week as opposed to weekly in part to give the five of you and the staff a better opportunity to review, to vet, to analyze the actions that we are presenting to you. So each of the five of you, for example, meets with the county manager before every meeting. If you think about your own meeting with the manager, take that and replicate it through the agencies several times over, the manager having those same kinds of discussions with his administrators, administrators with directors, directors with their staffs, there's a great deal more scrutiny, review and preparation of thought overall that goes into delivering this meeting every other Tuesday. One of the things we've done to try to facilitate and make that more efficient, of course, as an agency is the addition of that board agenda automation system. So again, those are some things the board has invested in to help us improve performance in our purchasing system overall. Now, hand in glove with all that, we've made several business improvements procedurally over the last several years. We now have formalized selection committee procedures, particularly significant there is the fact that we are operating totally in the sunshine now. Any member of the public can come into a selection committee meting and Page 87 October 10, 2006 see the staff deliberate in terms of their selection of consultants or vendors, whoever they may be hiring for whatever purchase it may be. We've also implemented a vendor performance evaluation system where vendors get graded and evaluated at the end of the contract performance period. That data is incorporated into a central data base which is then reviewed by these staff selection committees for future selections that are then brought to you for award. We've also, through the contract administration group I mentioned a moment ago, developed a really very strategic contract negotiation process where we identify resources. The vendor and the project manager independent of each other will identify resourcing requirements and then compare them to one and another, and the purchasing staff will facilitate the negotiation of that contract. That not only saves money, but it also clarifies understanding between the parties as to what is expected in terms of performance under that contract. We've worked very closely with the Clerk of Court's finance division. There's a whole other setup in terms of how that agency participants with us in -- prior to the board seeing contracts and items for its consideration. And then, as I mentioned a moment ago, there's increased oversight over contract changes. We process our change orders now through the staff, and the larger ones are brought to board for prior approval. The smaller change orders are approved by the staff but are reported to the board on a monthly basis to ensure accountability and general oversight there. Kind of the net benefit of all this is that we have closer scrutiny of our purchases than ever before. We have a more efficient PO process in a number of ways, particularly thanks to your investment in the SAP system, which enables us to pull all of the information together, attach it electronically to a purchase requisition and then have my staff review and approve that, well, really all the people Page 88 October 10,2006 along the way in the various departments who need to approve a given purchase order before it comes to purchasing for final approval. But all of that is collected together efficiently and enables my staff to turn around a lot more work in the same amount of time. That's good because that frees them up to do other things, such as running reports out of the SAP system that enable us to evaluate our purchasing behavior and habits, if you will, and enables us to address tendencies that may not be fully productive internally before they become a problem. We've also -- 10 years ago was the period of time when we implemented the use of fixed-term contracts. I made reference to the $90,000 work order limit. That has been tremendously beneficial to us in terms of reducing lead time to acquire goods and services. Of course, 10 years ago we were just starting that process. That is now a fact of life and just a built-in efficiency into our purchasing system that we rely on heavily to get work done in a more expeditious manner. I mentioned the contract negotiation process. We believe fiscal year '06 that just finished, we estimate that we saved the agency close to $14 million through the contract negotiation process. And, again, that's to your credit for providing us the resources that enable us to do that and continue to do that and to institutionalize and to make it part of how we do business every day. Well, with that little backdrop, here's what we're proposing as a staff to you today. Our bid limit, as I said, has been at $25,000 for nine years. Weare recommending that we raise that limit to $50,000, and then we will -- with the intent of coming back to you within the next two years to raise it to $100,000. We're also recommending that the work order approval limit be raised to $200,000. And we're also recommending two other significant changes, that the purchasing director would be authorized to approve state and federal contract purchases. Page 89 October 10, 2006 The purchasing director at the present time has the ability to approve other purchases through other means. This would just simply add the state and federal contract to that umbrella as well. And then the other significant change is that the county has a purchasing card system that's been in place for about eight years, and we're asking for the authority for the purchasing department staff to be able to selectively strategically order larger purchases, larger-dollar purchases. Right now we have a $1,000 limit per transaction -- be able to make these orders through purchasing cards. A couple of benefits there. Number one, we have vendors who will not accept a purchase order anymore. And sometimes a P card is the only way we can do business with them. And right now we go through quite a bit of mental and negotiative gymnastics with people who are in that boat. Sometimes we have to just change vendors and go somewhere else because we can't get them to take a PO. We also have emergency situations arise where the purchasing card can be used very productively. And then the other point is -- and you know, probably many of you will know this from your own personal credit cards, that many of them have rebate and incentive programs. Ours does too. If we were to make a large purchase on a credit card, we can create rebate revenue back to Collier County. Again, just so we're clear, we're talking about purchases where we will follow the purchasing fully in every respect. The only variation will be, when it's time to order, instead of issuing a purchase order, we'll order through a credit card. In short, those are the -- those are the primary changes that we're recommending for your approval today. I want to make the point that these recommendations are consistent with the practices of several other Florida counties, and I provided you a little survey information to give you a sense of that. And the last point, I think maybe the most important point is, just Page 90 October 10,2006 so it's clear about what the benefit would be with these changes, essentially in one word, time; it's time. When I say time, I'm referring to time in two respects; saving man-hours and saving calendar time. We estimate, if we implement these changes as proposed, that we could reduce the number of agenda items, all told, annually 75 to 80 items. Most of those would be work orders not having to come to the board for prior approval. There would be a few other items as well, such as the cooperative purchases being approved by my office as opposed to the board. But all told, you're talking about 75 to 80 agenda items that we don't have to prepare for, we don't have to vet through that full agenda system. We'll vet it through the regular purchasing process internally, but not that second vetting through the senior management review of the agenda item. And then in addition to that, we're talking about being able to, for purchased between 25- and $50,000, right now if we don't have a preexisting contract, we have to start the formal competition process. We can save two to three months if we can use a more informal process approved by the purchasing director in the selection of the vendor in that case. Then I mentioned the work order process. Ifwe don't have to place those smaller work orders on the agenda, we're saving three to six weeks per work order. And virtually all of these work orders are in the critical path of a capital project. In other words, you can't start the work on the project until the work order is negotiated and placed. So that trip to the board adds three to six weeks on average. And what essentially you're doing by approving this is you're taking about 65 items a year and lopping three to six weeks off those projects. So in a nutshell, that's the presentation to you this morning. I'd be happy to entertain any questions from the board. CHAIRMAN HALAS: Steve, I have a couple questions, and Page 91 October 10,2006 then I'll turn this over to Commissioner Henning. The biggest concern I have -- first of all, I believe that we need to have empowerment of the people who work here in the county. That's number one. We have the checks and balances in place. The only one that kind of concerns me is in regards to the purchase cards, that people have the contract cards. What measures do we have in place to make sure that if someone abuses that privilege, that they either are disciplined or either had to pay it back? What do we have in regards to what checks and balances do we have in that area? MR. CARNELL: Sure. Well, let me answer that at two levels. We have 3- to 400 card users right now countywide. Now, what I'm proposing this morning does not involve 99.9 percent of those assigned card users, but let me explain in a moment. But your first question, in general, the checks and balances are that if there is any misuse of a card, the purchasing department will and has, in fact, in a few instances revoked people's cards, and then appropriate disciplinary action has been taken by that person's department director or division administrator, and there have been some instances where employees have had to pay back improper expenditures to the county, so that's the general rule. Again, keep in mind, the change that we're proposing here in the P card program would only be delegated to the purchasing department staff, and we will be working very closely with the finance division to establish the clear protocol of how to place those orders, how to process the payments, and be sure that everything is properly -- has proper checks and balances. CHAIRMAN HALAS: You've answered my question. Commissioner Henning. COMMISSIONER HENNING: Well, you're raising the limits for the bid from 25 to 50. Why wouldn't you just go to a work order instead of a bid? Page 92 October 10, 2006 MR. CARNELL: Well, this is for -- this is for purchases that don't have preexisting contracts, that don't have a contract to create work orders off of already, and we're starting from scratch. There is no contract in place, and so we have to go to formal competition. All of those work orders have prior bids or RFPs to precede them. COMMISSIONER HENNING: I see. Okay. So that's not -- well, let me ask you something. Commissioner Fiala pulled one off the consent -- and I don't know why. We'll have to wait till we get there -- and that is, recommendation to waive formal competition to approve contract for a sled, slide, at North Regional Park for Sun-N-Fun Lagoon. Would that be a purchase -- or a work order? MR. CARNELL: No, no. That's part ofa construction contract where the work was contemplated, but was not actually priced out and performed, and that's a whole other discussion. But no, that's not part of a work order process, no. COMMISSIONER HENNING: Okay. So the -- there's items that we're going to -- I mean, any capital improvement, you've got to have a contract first? MR. CARNELL: Correct, correct. Let me clarify something for you. COMMISSIONER HENNING: And you have to abide by the contract. MR. CARNELL: Absolutely. COMMISSIONER HENNING: Okay. And -- so everything's in there and it has to come before us first, right? MR. CARNELL: Correct. Even if work orders -- the front end contract, what we call the master contract that enables you to do work orders, has to be approved by the five of you. COMMISSIONER HENNING: Okay. Now, what about change orders? MR. CARNELL: We're proposing no changes to the change order policy at the present time. Page 93 October 10,2006 COMMISSIONER HENNING: Okay, okay. And what if -- you said that you were going to provide a synopsis of these work orders and stuff like that to the Board of Commissioners individually. MR. CARNELL: I certainly can, yes, sir. COMMISSIONER HENNING: Okay. Well, I mean, I think that's a trust -- I think we need to trust -- but I think we also need to verify. I think it's worth the efforts to provide the commissioners information. The system, if we feel it's broke, we could always go back, correct? MR. CARNELL: Correct, absolutely. COMMISSIONER HENNING: Okay. CHAIRMAN HALAS: Commissioner Fiala? COMMISSIONER FIALA: Yep. I have four pretty easy ones. I like where you're going with it. And I just wanted to know what controls will you have staying within the limits of these cards in the departments? MR. CARNELL: Oh, I'm sorry. The purchasing cards, ma'am? COMMISSIONER FIALA: Uh-huh. MR. CARNELL: Well, right now each card user is restricted to $1,000 per transaction and $10,000 per month with the exception of the tourism department, which has specific board authorization with higher limits, and the card -- it's automated control. If you're at your limit, you can't go over it. COMMISSIONER FIALA: Oh, okay. MR. CARNELL: It won't process the card. The bank card will shut down the transaction. COMMISSIONER FIALA: Oh, okay. Now assure me that we'll still get all of the work orders and change orders like we do now in the agenda, right? MR. CARNELL: What you're going to see is you're going to see change order processing is going to continue as is, you'll see the Page 94 October 10, 2006 monthly change order report, you'll also see the larger change orders that require your prior approval. Work orders will continue to be processed as well, but you'll see the -- in front of the board, above $200,000. COMMISSIONER FIALA: Good. Third question. Purchasing cards are already a done-deal when the people use it, even before the clerk's office ever sees it. And I wonder if it's something that you weren't really happy about or you didn't feel they should be doing that but now it's already -- you know, they've already signed for it and have the thing. How are you going to deal with that? MR. CARNELL: Well, again, part of that, as I mentioned to the chairman's question, is going to be discipline with the employee, and training. We have a great deal of proactive training that occurs. We've really enhanced our purchasing card training program. We just trained 75 new users just within the last two months, and the -- essentially the way that's going to be dealt with is that we'll have training, we'll have disciplinary action if necessary, and we will make attempts to return the goods and services if it's truly inappropriate. COMMISSIONER FIALA: Great, great. Can you even buy cards -- cars with these cards? MR. CARNELL: Well, yes, ma'am. We're going to be looking at the prospect of doing that. Essentially up till now, the limits, in effect, shut that down. You can't buy a car for $1,000. And what I'm asking you all to do with the approval today is to give my staff the ability to place those larger orders where there's a benefit to the county. That will all be under the control of my department directly and confined within my department. COMMISSIONER FIALA: Okay. And I'll just finish with saying, you know, as a whole, we've got wonderful staff. They're honest and trustworthy, you know, above board, and I don't ever expect people to be getting out of line, but I'm just glad to have -- just an occasional one that might stray, you've got -- Page 95 October 10,2006 MR. CARNELL: Sure. COMMISSIONER FIALA: -- the controls in place. Thank you. CHAIRMAN HALAS: I'd like to say -- and this is just -- I'm just throwing it out there for my fellow commissioners to consider it, as Commissioner Fiala said, that we have great trust, we have checks and balances in the system, and your request for -- to up the formal competition limit from 25- to 50,000, and you were saying you were going to come back to the board probably in a year if things work out, to $100,000. I'd really like to see it maybe moved to 75,000 now, and the limit of200,000 to 250-, and the other one from 500,000 to 750-, to 850-, but that's just my suggestion. I think that, you know, we as commissioners have to look at the big picture, and we've empowered the staff and we have the checks and balances, and I feel that that's where we need to go. Now, where the cards are, I think we'll just follow your guidelines because that's one area they I don't feel -- I don't have a warm fuzzy feeling for, but at that, I'll just pass -- COMMISSIONER COLETTA: Is that a motion? CHAIRMAN HALAS: I'll make a motion, if I have the support for it. COMMISSIONER HENNING: I can't support it. CHAIRMAN HALAS: Okay. COMMISSIONER HENNING: I will not support something like that. COMMISSIONER COLETTA: I'll support it for discussion purposes. CHAIRMAN HALAS: Okay. I make the motion and Commissioner Coletta seconds it. COMMISSIONER COYLE: I wanted to talk. CHAIRMAN HALAS: Go ahead. COMMISSIONER COYLE: Okay. Page 96 October 10,2006 CHAIRMAN HALAS: I'm sorry. COMMISSIONER COYLE: Yeah, I -- the key really lies in the checks and balances. The amounts are not quite so important except that if we don't have the right checks and balances, we can lose a lot of money faster, but I'm interested in the checks and balances. And since I've been told that the clerk's office was involved in at least some of the discussions concerning this, I'd like to get an understanding if the clerk feels that there is any circumvention of appropriate checks and balances, and if so, where do you think we need to improve on this process. MS. KINZEL: Commissioner, for the record, Crystal Kinzel with the Clerk's Office. We did work very closely with the purchasing department on these policies, and your first statement is exactly right, you can lose money more quickly and -- if you increase the limits without certain checks and balances. I sat with Steve for probably a couple of hours and went over a lot of our control concerns with the purchasing cards in particular. The transaction has occurred. It's completed. We're now back to a disciplinary or recovery process, which is a little more difficult in certain circumstances. So we have those ongoing concerns. Regardless of those limits that you do apply, we will continue that work with purchasing, we will continue to do reviews, look at the circumstances of the expenditure, and if we find that we have continued issues, we certainly can bring them back to the board. But we are also concerned when the limits go up, but it is a policy decision for this board. COMMISSIONER COYLE: But you're not aware of any specific things that we haven't addressed with respect to checks and balances right now? I mean, if you have some recommendations, I'd like to incorporate them into this motion if there's some specific recommendations. Page 97 October 10, 2006 MS. KINZEL: I think we have worked with purchasing, Commissioner. We have some issues with some of the controls on work orders, change orders, that we continue to talk through with the county manager's office and purchasing. So I think the checks and balances are in place. We have that resource and recourse to discuss those things with them. Is everything perfect to date? No. And I guess that's what I'm caveating. We continue to work on that on a month-by-month, meeting-by-meeting basis, and we'll continue to do that for you. COMMISSIONER COYLE: With respect to the cards, can we develop a higher level of comfort with that by requiring the approval of two or more fairly high-level management personnel before those cards -- purchases are executed? MR. CARNELL: We were planning something along those lines, Commissioner Coyle. It wouldn't necessarily be high-level. I'm not sure what you mean by high-level management, but we were going to have two supervisory personnel or a second person approving the transaction before it was processed. COMMISSIONER COYLE: How about you? Is that going too high? MR. CARNELL: Well, it might be more realistic to have it more in the operating line -- COMMISSIONER COYLE: Yeah. MR. CARNELL: -- but we can say like the department director for that operating person. COMMISSIONER COYLE: Ifwe had department director approve the use of the card for the purchase and the amount, just sign off on it and say, here, go make the telephone call, would that delay people all that much? MR. CARNELL: It potentially could in a few instances. But what I would suggest you do -- I have a staff member who's more versed in the mechanics of this. What I'd like to do, if the board Page 98 October 10,2006 would give me some direction, to just build some additional checks and balances for a second approval review within the usage of purchasing cards, I think I can take it from there and give you something satisfactory that we can implement. COMMISSIONER COYLE: You could come back and tell us what those are, I would presume? MR. CARNELL: I could, if you'd like me to, certainly. COMMISSIONER COYLE: Yeah. I would like to do that. MR. CARNELL: Sure. CHAIRMAN HALAS: Okay. Any further discussion? (No response.) CHAIRMAN HALAS: Okay. The motion's on the floor to -- from 50- to 75- and from 200- to 250- and from 750- to 850-, and this doesn't have any reflection on change orders or anything of this other nature -- MR. CARNELL: Correct. CHAIRMAN HALAS: -- that has to come back, and the card remains the same at this point in time until you come back to the board for additional information on that, okay. Hearing no further discussion, I'll call the question. All those in favor, signify by saying aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. Opposed, by like sign? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Motion fails. Do I have another motion? COMMISSIONER FIALA: Yes. I'd like to make the motion that we approve with all the limits that we've put in place and that you're still going to work on the motion as it's -- or the -- Page 99 October 10, 2006 COMMISSIONER HENNING: P card. CHAIRMAN HALAS: Card. COMMISSIONER FIALA: -- card, and actually all of the updates that you want to do to the purchasing policy. CHAIRMAN HALAS: Okay. Do I hear a second? COMMISSIONER HENNING: Second. CHAIRMAN HALAS: Okay. We have a motion on the floor by Commissioner Fiala and a second by Commissioner Henning. Any further discussion? (No response.) CHAIRMAN HALAS: Hearing none, 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: Opposed, by like sign? (No response.) CHAIRMAN HALAS: Motion carries. MR. WEIGEL: Mr. Chairman, just to be clear then, what has been approved is the staffs recommendation-- CHAIRMAN HALAS: Right, staffs recommendation, that's correct. MR. WEIGEL: Thank you. MR. MUDD: And Mr. Carnell coming back to talk about the additional checks and balances -- CHAIRMAN HALAS: Expenses and the purchasing cards. MR. MUDD: -- and the purchasing card. CHAIRMAN HALAS: Okay. At that, we will recess for lunch, and we'll be back at 1 :08. (A luncheon recess was had.) Page 100 October 10,2006 MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, you have a hot mike. CHAIRMAN HALAS: Good afternoon, ladies and gentlemen. The Collier County Board of Commissioners is back in session from our recess from lunch. And County Manager, our next agenda item? MR. MUDD: Mr. Chairman, Commissioners, this brings us to our land use items. You have no items under 7, Board of Zoning Appeals. Brings us to 8, advertised public hearing. Just before lunch I was approached by the petitioner's representative, Richard Y ovanovich, and the petitioner under 8A is requesting that this item be continued indefinitely, but I'm going to read it. Item #8A PETITION: PUDZ-A-2005-AR-8438: LAKEVIEW DRIVE OF NAPLES, LLC, REPRESENTED BY CLAY BROOKER, OF CHEFFY, PASSIDOMO, WILSON & JOHNSON, LLP, REQUESTING A REZONE FROM THE RESIDENTIAL MULTIPLE FAMIL Y-6 (RMF-6 & RMF-6(3)) ZONING DISTRICTS (A PORTION OF WHICH IS SUBJECT TO A SPECIAL TREATMENT OVERLAY (ST)) TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) BY AMENDING THE APPROVED WINDSTAR PUD TO ADD THE SUBJECT 20.52 ACRES AND ITS ADDITIONAL RESIDENTIAL UNITS THEREBY ALLOWING A MAXIMUM OF 584 RESIDENTIAL UNITS ON 341.1 ACRES. THE SUBJECT PROPERTY IS GENERALLY LOCATED ON THE WEST SIDE OF BAYSHORE DRIVE, APPROXIMATELY 0.6 MILES SOUTH Page 101 October 10,2006 OF THE BA YSHORE DRIVE AND U.S. 41 - MOTION TO CONTINUE INDEFINITELY - APPROVED This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's a recommendation that the Board of County Commissioners deny petition A VEST -- no, excuse me -- A VESMT-2006-AR-99 1 8, which seeks to vacate the county's and the public's interest in the Gulf Shore Court and a portion of Center Street, according to the plat of the Vanderbilt Beach Center as recorded as plat -- at Plat Book 3, Page 16, Public Records of Collier County, Florida, and as more specifically described in Exhibit A. Again, this item is being asked to be continued indefinitely by the petitioner. If that's the board's desire, then we're going to need to vote at that. COMMISSIONER COYLE: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN HALAS: Okay. We have a motion to approve the continuance of this item indefinitely. We have the motion made by Commissioner Coyle and a second by Commissioner Fiala. Okay. MS. FILSON: Commissioner? CHAIRMAN HALAS: Yes, ma'am. MS. FILSON: Is this item 8A? MR. MUDD: Yes, it is. CHAIRMAN HALAS: Yes, ma'am. MS. FILSON: Okay. I have speakers. CHAIRMAN HALAS: Well, we're going to continue it indefinitely, so I think the speakers will just hold off until it comes back before the Board of County Commissioners. Okay. Hearing no further discussions, I'll call the question. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. Page 102 October 10,2006 COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign? (No response.) CHAIRMAN HALAS: Motion carries. And the people who spoke (sic), if -- when this comes before the Board of County Commissioners, you'll have your day in court. Item #8B PETITION: PUDZ-A-2005-AR-8438: LAKEVIEW DRIVE OF NAPLES, LLC, REPRESENTED BY CLAY BROOKER, OF CHEFFY, PASSIDOMO, WILSON & JOHNSON, LLP, REQUESTING A REZONE FROM THE RESIDENTIAL MULTIPLE FAMILY-6 (RMF-6 & RMF-6(3)) ZONING DISTRICTS (A PORTION OF WHICH IS SUBJECT TO A SPECIAL TREATMENT OVERLAY (ST)) TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) BY AMENDING THE APPROVED WINDSTAR PUD TO ADD THE SUBJECT 20.52 ACRES AND ITS ADDITIONAL RESIDENTIAL UNITS THEREBY ALLOWING A MAXIMUM OF 584 RESIDENTIAL UNITS ON 341.1 ACRES. THE SUBJECT PROPERTY IS GENERALLY LOCATED ON THE WEST SIDE OF BA YSHORE DRIVE, APPROXIMATELY 0.6 MILES SOUTH OF THE BAYSHORE DRIVE AND U.S. 41 PETITIONER REQUESTS TO CONTINUE TO THE DECEMBER 12, 2006 BCC MEETING - APPROVED MR. MUDD: Commissioner, the next item is 8B, and this item was continued from the September 12, 2006, BCC Meeting and has Page 103 October 10,2006 been requested by the petitioner to be further continued. The petitioner's representative just came and talked to me just a second ago, Mr. Brooker, and he basically said that they would like to continue it until the 12th December board meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's petition PUDZ-A-2005-AR-8438, Lakeview Drive of Naples, LLC, represented by Clay Brooker of Cheffy, Passidomo, Wilson and Johnson LLP, requesting a rezone from the residential multi-family-6, RMF-6, and RMP-6(3) zoning districts, a portion of which is subject to a special treatment overlay to the residential planned unit development, RPUD, by amending the approved Windstar PUD to add the subject 20.52 acres and its additional residential units, thereby allowing a maximum of 584 residential units on 341.1 acres. The subject property is generally located on the west side of Bayshore Drive, approximately .6 miles south of Bayshore Drive and U.S. 41, which is Tamiami Trail East. It's an intersection in sections 11, 14, 23, Township 50 south, Range 25 east, Collier County, Florida. Again, the petitioner has asked that this item be continued indefinitely, but he just told me prior to me reading this that they are asking for it to be continued until the 12th of December. COMMISSIONER COYLE: Motion to continue to the 12th of December. COMMISSIONER COLETTA: Second. COMMISSIONER FIALA: Second. CHAIRMAN HALAS: Okay. I have a motion the floor by Commissioner Coy Ie for continuing this item until the 12th of December, and I have a second by Commissioner Fiala. Any further discussion? Commissioner Henning? COMMISSIONER HENNING: Yeah. I've been receiving correspondence from people that live on Lakeview Drive wanting to Page 104 October 10, 2006 privatize their street. I can just say that I'm not going to do a Foxfire, Kings Way up here. So if that's being contemplated, you'll get a lot of resistance from me. CHAIRMAN HALAS: I can assure you that I follow suit in regards to that. COMMISSIONER FIALA: I hope you'll be working with these people though. But no threats, right? CHAIRMAN HALAS: Okay. We have a -- any other discussion? (No response.) CHAIRMAN HALAS: We have a motion on the floor. Hearing 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: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign. (N 0 response.) CHAIRMAN HALAS: Motion carries. Item #8C RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT 1) A RESOLUTION REVISING THE COLLIER COUNTY WATER-SEWER DISTRICT UTILITIES STANDARDS MANUAL AND 2) AN ORDINANCE AMENDING THE COLLIER COUNTY UTILITIES STANDARDS AND PROCEDURES ORDINANCE - STAFF REQUESTS CONTINUANCE TO OCTOBER 24. 2006 - APPROVED Page 105 October 10, 2006 MR. MUDD: Commissioners, the next item, staff had a problem getting the line-through and underlined version of the utility standards manual, and staff is requesting that item 8C be continued until the 24th of October so that we can provide that strike-through and add items to the standards manual to each commissioner. This is a recommendation that the Board of County Commissioners adopt, one, a resolution revising the Collier County Water/Sewer District Utilities Standard Manual, and two, an ordinance amending the Collier County Utilities Standards and Procedures Ordinance, project number 70202. Staff is asking that this item be continued until the 24th of October. And in keeping with what we normally do under advertised public hearings, we'll need to have a vote for the board in order to continue it. COMMISSIONER COYLE: Motion to continue until October 24, 2006. COMMISSIONER FIALA: Second. CHAIRMAN HALAS: Okay. We have a motion on the floor to continue this till October 24th by Commissioner Coyle, and seconded by Commissioner Fiala. Any further discussion? (N 0 response.) CHAIRMAN HALAS: Hearing none, 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: Opposed, by like sign? (N 0 response.) CHAIRMAN HALAS: Motion carries. Page 106 October 10,2006 Item #8D ORDINANCE 2006-47: PUDZ-2005-AR-7834 BLACK BEAR PROPERTIES OF FL, LLC, REPRESENTED BY TIM HANCOCK, PLANNING DIRECTOR OF DAVIDSON ENGINEERING, INC., IS REQUESTING A REZONE FROM THE ESTATES, WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONE W-l ZONING DISTRICT (E-ST/WSl) TO THE COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR C-3 INTERMEDIATE COMMERCIAL LAND USES, WHICH CAN PROVIDE A VARIETY OF SERVICES WITH A COMMON ARCHITECTURAL THEME, AS REGULATED IN THE NEIGHBORHOOD COMMERCIAL CENTER OF THE GOLDEN GATE AREA MASTER PLAN (GGAMP). THE SUBJECT PROPERTY, CONSISTING OF 4.86 ACRES, IS LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF GOLDEN GATE BOULEVARD AND WILSON BOULEVARD - ADOPTED MR. MUDD: Commissioner, that brings us to item 8D, which is formerly known as l7C. This item was asked to be moved to the regular agenda by Commissioner Coletta earlier this morning. And l7C reads, this item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's PUDZ-2005-AR-7834, Black Bear Properties of Florida, LLC, represented by Tim Hancock, planning director of Davidson Engineering, Inc. is requesting a rezone from the Estates, Wellfield Risk Management Special Treatment Overlay Zone W -1 zoning district, and that's E-ST/WSl, to the commercial planned unit development, CPUD, zoning district for C- 3 intermediate commercial land uses, which can provide a variety of services with a common architectural theme as regulated in the neighborhood commercial Page 107 October 10, 2006 center of the Golden Gate Area Master Plan. The subject property consisting of 4.86 acres is located on the southwest corner of the intersection of Golden Gate Boulevard and Wilson Boulevard in Section 9, Township 49 south, Range 27 east, Collier County, Florida. Again, this 17C was moved to item 8D. CHAIRMAN HALAS: Okay. At this time all those that are going to be giving testimony in this, would you please rise to be sworn in by our court reporter. (The speakers were duly sworn.) CHAIRMAN HALAS: Okay. Disclosures by commissioners? I believe most of us have already given formal disclosures before, but we'll start with Commissioner Coyle. COMMISSIONER COYLE: Okay. I have had meetings with the petitioner and petitioner's agent, and I also have received emails from staff concerning this item. CHAIRMAN HALAS: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yes. I have had meetings with the petitioner, I've had meetings with residents in Golden Gate Estates, I've sat through commission meetings -- excuse me -- civic association meetings with the items discussed, I met with staff and been talking to the neighbors, received emails and phone calls. That's all in my file. CHAIRMAN HALAS: Okay. The only thing I have on ex parte is that I received some emails in regards to this particular subject and I read that off earlier this morning. So at this time, Commissioner Fiala? COMMISSIONER FIALA: Yes. Emails, and I spoke to Tim Hancock on the phone. CHAIRMAN HALAS: Commissioner Henning? COMMISSIONER HENNING: Same as before. CHAIRMAN HALAS: Okay. Commissioner Coletta, I think you had some -- COMMISSIONER COLETTA: Yeah. I just wanted to try to Page 108 October 10,2006 move this item forward. This has been one that's been embraced not only by the Planning Commission, but embraced by the civic association. It is received through a lengthy process, the endorsement of the neighborhood. It's -- I don't know of any opponents out there, although we may find out under public speakers there are some, but that I can't tell you. But I can tell you this, it was only -- the only reason I pulled it was I had concerns -- and I brought it to the petitioner -- on page 3 of 6 on your summary agenda, it lists under Collier County Planning Commission recommendations, item 4, down there is prohibited uses, one was food stores. And the reason for that was, is they were concerned early on it was going to turn into another food store like a convenience store where they'd be setting tables up outside and people would be out there drinking beer. CHAIRMAN HALAS: That's not such a bad idea. COMMISSIONER COLETTA: Well, I mean, in your neighborhood, you know, but here it's a little different. This is the Bible Belt, the other side of 951. CHAIRMAN HALAS: I see. COMMISSIONER COLETTA: We have our own standards. Sometimes come out and visit us. We'll convert you and lead you in the evil ways of Pelican Bay and all that. But however, with that said, I think you've got one vote going so far. No, seriously, the issue of food stores really concerned me because Walgreen's that's going in there is noted for foods that it does carry in there. And you get into the predicament of what is actually permitted in that store, how much of it can be food. The neighbors were concerned -- they aren't concerned with the fact if it's limited to the store Walgreen's is going to be in and the back part of the lot, which has yet to be determined what's going to go in Page 109 October 10, 2006 there, if this would remain in place as far as elimination of food stores, convenience store type things, and leave it allowable use for the -- for the Walgreen's that's going to be going in, because it, just isn't part of that shopping experience that you stop at that store for. And I already know that Walgreen's -- everyplace I've ever seen that Walgreen's is in place, they do not allow people to have benches out front, they don't encourage, congregate in their parking lot. And I would like to make a motion for approval with this one change noted. CHAIRMAN HALAS: Okay. Well, we'll have the petitioner give us a brief synopsis and find out if we're going to have any favorite beverages there. MR. HANCOCK: Well, Mr. Chairman, I've never been one to stand in the way of an approval, so let me be brief. F or the record, Tim Hancock with Davidson Engineering. We've simply requested a clarification as an addenda to the item that would clarify under item 9 on permitted uses, that food stores are permitted so that Walgreen's can operate in the traditional manner we all expect it to and the neighborhood is hoping it will, with one caveat, and that is that -- and it reads as follows: Within 200 feet of the south property line, stand-alone convenience stores shall not be permitted. This addresses the issues of -- that the rear part of the parcel, the unknown element that the neighbors were concerned about, but will not stand in the way of Walgreen's operating as it intends. With that change, we certainly support the Planning Commission recommendations and ask for favorable consideration of the board at this time. CHAIRMAN HALAS: Okay. Do we have any public speakers on this? MS. FILSON: No, sir. CHAIRMAN HALAS: Okay, no public speakers. Public part is closed at this time. Page 110 October 10, 2006 Is there any further discussion by the board? COMMISSIONER FIALA: Just a minute. Commissioner Coletta, does that meet with your approval? COMMISSIONER COLETTA: Yes, it does. CHAIRMAN HALAS: Okay. Commissioner Henning? COMMISSIONER HENNING: Commissioner, do you have a second on the motion? COMMISSIONER COLETTA: No, I don't. COMMISSIONER FIALA: Second. COMMISSIONER HENNING: Well, I'm going to second your motion with the language added to -- Mr. Hancock, is that correct, is that acceptable? COMMISSIONER COLETTA: That's acceptable. COMMISSIONER HENNING: Okay. You know, I just want to say I know that you're a proponent of trying to provide services out there, and this is a great addition to your community. COMMISSIONER COLETTA: It is, it is. CHAIRMAN HALAS: Okay. We have a motion on the floor by Commissioner Coletta and a second by Commissioner Henning. Is there any further discussion? (No response.) CHAIRMAN HALAS: Hearing none, 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: Opposed, by like sign? (No response.) CHAIRMAN HALAS: Motion carries. Thank you very much. Page 111 October 10, 2006 Item #lOD RECOMMENDATION TO APPROVE AND EXECUTE THE ATTACHED JOINT PARTICIPATION AGREEMENT (JPA) WITH FLORIDA DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $285,375 TO PROVIDE OPERATIONAL FUNDING FOR IMPROVED FREQUENCY OF SERVICE ON COLLIER AREA TRANSITS EXISTING RED ROUTE AND TO CONSIDER APPROVAL OF EARLY START-UP SERVICE- APPROVED MR. MUDD: Commissioner, that brings -- 10C is a two p.m. time certain, so it brings us to 10D, which is a recommendation to approve and execute the attached j oint participation agreement, JP A, with the Florida Department of Transportation in the amount of $285,375 to provide operational funding for improved frequency of services on Collier Area Transit's existing red route and to consider approval of early start-up service. And Mr. Norman Feder, your administrator for transportation services, will present. MR. FEDER: Commissioners, what I want to show you is, first of all, the red route that we're discussing is basically the service you have today that goes along U.S. 41 on the west side, comes on the south side, of course, U. S. 41 as it turns, goes up Airport Road to Immokalee Road, and then does the loop around. Essentially a rectangle, if you will, in that process. It includes two hospitals, five schools, a park, as well as the Coastland Shopping Center, so it's a major area of employment and services for the community along with this interconnect through the transfer station at Lively V 0- Tech. What you're being asked today is to follow up on a request that was made some time ago that you pursue this grant, then you included Page 112 October 10, 2006 as well in your budget the 50 percent funding for bringing the service from a 90-minute interval to a 45-minute interval, basically cutting it in half, recognizing the importance of the route. What we'd anticipated was being able to start up services October 1. Unfortunately the joint participation agreement to execute the agreement was not provided to us until too late to bring it for October 1 services, so we have not started up the services and are bringing that agreement to you to execute today, consistent with your prior direction. But I'm also asking you to consider us setting up services during that period of time from when you authorize execution of the grant until the state does. And at that point in time, that difference between when they execute it from when we have, the full cost, which is roughly, right now, estimated at $708 a day, half of that being $354 a day additional costs, that we're estimating up to, as far as 10 days, would be non- reimbursable initially, but then later would be in the three-year overall purposes of the grant. I do have here today Liz Sushkind (phonetic) with McDonald Transit that can answer any questions specifically about the routing. I also have Richard Shine, who's with District lover there, public transportation. And I know the first question you probably have in mind, so I'll try to field it a little bit, is, well, given DOT's track record, should we consider that they're not going to change something on us before the execution of this? And I will tell that you that unlike the highway program, where they've had quite significant increases in cost, the transit program has been set out for three years. They set specific dollar amounts, and that is their grant items, and they've been able to keep their program solid. Now with that, I'll open up to any questions you have, offer the other two to address any other things you might need. Page 113 October 10, 2006 CHAIRMAN HALAS: So what you're looking for is about $3,540; is that correct? MR. FEDER: If it takes us 10 days. They're feeling it's shorter, but I'd rather tell you a little bit longer on an upside, or downside, I should say, yes. COMMISSIONER COLETTA: Thirty-five thousand. CHAIRMAN HALAS: Thirty-five -- oh, I've got -- I thought it was 340-- MR. FEDER: Thirty-five hundred; 3,540 would be ten days, because 354 a day that we'd be covering, which would have been their share of the 50 percent. CHAIRMAN HALAS: Okay. Any further discussion? Do I have amotion? COMMISSIONER COLETTA: Motion. COMMISSIONER HENNING: Is this Sunday service you're saying 350? MR. FEDER: No, no. This is l2-hour a day service that is out there today on the red route. The only thing we're doing is trying to get 45-minute headways rather than 90-minute headways. CHAIRMAN HALAS: Okay. COMMISSIONER COLETTA: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN HALAS: All right. We have a motion on the floor by Commissioner Coletta and a second by Commissioner Fiala. Any other discussion? (No response.) CHAIRMAN HALAS: Hearing none, I'll call the question. Do we have any public speakers on this? MS. FILSON: No, sir. CHAIRMAN HALAS: Okay. All those in favor, signify by saYIng aye. COMMISSIONER COYLE: Aye. Page 114 October 10, 2006 COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign? (No response.) CHAIRMAN HALAS: Motion carries. Thank you very much. MR. FEDER: Thank you. Item #1 OF RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ACCEPT THE RECOMMENDATIONS OF THE SPECIAL MASTER REVIEW BOARD (SMRB) TO RENEW THE CONTRACT WITH BRENDA C. GARRETSON UNDER RFP #04-3677 - SPECIAL MASTER SERVICES FOR COLLIER COUNTY - APPROVED W/CHANGES MR. MUDD: Commissioner, the next item is 10E, but it's a three p.m. time certain. That brings us to 10F. That's a recommendation that the Board of County Commissioners accept the recommendations of the Special Master Review Board to renew the contract with Brenda C. Garretson under RFP number 04-3677, Special Master Services for Collier County. And Ms. Michelle Arnold, your Director from Code Enforcement, will present. MS. ARNOLD: Good afternoon. Michelle Arnold, for the record. The board requested as a part of the Special Master Ordinance that a review committee be put in place. The review committee consists of two members of the Code Enforcement Board, two members of the Code Enforcement Department, as well as a Page 115 October 10, 2006 representative from the code -- from the County Attorney's Office. The -- members that have been appointed and actually met to discuss the action of the Special Master are Kenneth Kelly and Justin Dewitt from your Code Enforcement Board, myself and Dave Scribner from my staff, and Jeff Klatzkow from the County Attorney's Office. During the meeting on the 25th, the board discussed the special master's performance as well as other issues that they thought would be an improvement to the process. The recommendations of the committee were as follows: That the board consider televising the special master hearings. Currently they're being held in this room but they're not televised. I think there is a scheduling situation that we need to work out with the office of public information to get that put in place. They also recommended that there be a j oint workshop between the special master and the Code Enforcement Board to ensure there's consistency of application of the codes, and we're trying to put that in place. As you all know, in addition to Brenda C. Garretson, we also have Lynn Hixon-Holley, who's an alternate to that process. And in the event that a workshop is put in place, that we will also invite Lynn Hixon-Holley so that she's also, you know, meeting and making sure that we're all in agreement with whatever action is taking place. The committee also -- or the board also recommended that the special master adopt rules and regulations. Currently your Code Enforcement Board does have rules and regulations, and I don't see that there would be a problem that the special master adopt similar or parallel rules and regulations, so we are going to look into that. The review board also recommended that efforts be made to secure a room in the courthouse if at all possible to hold the Code Enforcement Board meetings as well as the special master meetings, and the reasons that they asked that to be looked into are specified in Page 116 October 10,2006 your executive summary. And, finally, the board recommended the renewal of the contract with Brenda C. Garretson as the primary provider for the special master process. And staff is at this time requesting that the board renew that contract as well as the secondary contract and look into the other recommendations that were made by the Special Master Review Board. CHAIRMAN HALAS: Okay. Thank you very much for your presentation. Commissioner Henning? COMMISSIONER HENNING: Well, the Land Development Code states that the planning director is the one that interprets the board's code. Are you going to include Ms. Murray in that process? MS. ARNOLD: We could surely include -- I don't think that the board was looking at the interpretation of the codes, but we can surely include her because that -- the Land Development Code, as well as Ms. Murray, would be able to provide us guidance with regard to timing of reviews and that type of thing, which sometimes are things that they have to look into. COMMISSIONER HENNING: It says here for the CIB (sic) and the Code Enforcement Board in its application of the code. Would you take that as what the code says? MS. ARNOLD: Yes, but not interpreting it, yes. COMMISSIONER HENNING: Right. So you're going to include the planning director in this process? MS. ARNOLD: Yes, we can do that. COMMISSIONER HENNING: I like everything except for the last one, which is a financially fiscal item. And we just leave -- I think we ought to leave that one out, and leave it up to the county manager to see if he can provide. MR. MUDD: That's the one about the courtroom? Page 11 7 October 10, 2006 COMMISSIONER HENNING: Correct. With that, I'll make a motion to approve with the caveat that I just mentioned. COMMISSIONER FIALA: Second the motion. CHAIRMAN HALAS: Commissioner Coyle? COMMISSIONER COYLE: Yeah. I have the same concern that Commissioner Henning has. I thought we were having trouble finding places for judges to sit, so certainly moving this board meeting over there would not solve that problem. MR. MUDD: And then you get into the whole problem with televising it. COMMISSIONER COYLE: Yeah. It gets really messy and-- MR. MUDD: We don't televise courtrooms. COMMISSIONER COYLE: -- expensive and everything else. So I couldn't support that, but otherwise I think it's a good proposal. CHAIRMAN HALAS: Do we have any speakers? MS. FILSON: Yes, Mr. Chairman. We have one speaker. Mr. Kenneth Thompson. CHAIRMAN HALAS: Okay. MR. THOMPSON: My name is Kenneth Thompson. I live at 2631 Becca Avenue. And, you know, I put up with the lights for 13 months, now you moved a bunch of skinheads in across the street, and I have never lived another life like this in my life. There's anywhere from 60 to 80 people a night in this house. And back on the pool deck back there, there was a bedroom to your right with French doors. They took it down, and they have made a dormitory shower in this thing. Now, I -- Ms. Arnold, my wife told me not to hurt you, and I'm going to try not to. And I called you, and you don't do nothing. So I put numbers on it, and I still ain't getting nothing done. And, you know, something has to be done with this. And then 2977, section next to it, belongs to John Truitt. He's just as bad. He Page 118 October 10, 2006 tore down one section and he was supposed to get permits to get this thing fixed. Rather than that, he just went ahead and did what he wanted to, pouring concrete through the windows. And he's really a sly one, that one is. But the whole neighborhood is putting -- and right next to me is 2815 Becca Avenue, and this guy's a gun slinger, John Emory. He buys guns and gives them to kids. He's shot my pole light out. You name it, he's done it to me. Now, last night he kept us up till three o'clock. And across the street, I don't know what they're doing over there. They're drilling in the garage. And when they first started off over there, it was nine, 10, 11 and 12 young girls coming there, black and white. And I kept calling TIPS. And I don't know why, but I don't see them anymore. But now it's young women and young men in and out of there all night. You should have heard them at three o'clock this mornIng. So called a deputy, and he come out. It's amazing -- and I met a lot of cops in my life, but this one, they go into the jail and got one of the jailers out, you know, who's going to -- training to be a road cop, and he come over there with him last night and made a fool out of hisself, and I called Captain Davis about it. And he got in front of me and told me, now just -- you listen to me. He kept doing me right in like this. He wouldn't shut up, you know. So I finally -- I just walked off and left him. He kept telling me not to walk away from him. I told him, you put your hands on me and you going to put your hands on the last person you (sic) ever lived. But this place across the street, it sold to a Randy Lukey. And you're not going to make me believe that the Steinbergs still don't own it because they pulled so much on this county here it's ridiculous. So I went and I got all the papers, and it does come back to a Randy Lukey. Page 119 October 10, 2006 So right across the street is 2938, and I went and got me a bunch of Mexican $100 bills. I figure, well, I can't get you on one way or another, I'm going to get you this way. So I went out and I knocked on his door and he come out, and I was showing him these $100 bills. And I looked through the door over here, and if you ever see Merocats (phonetic) on TV? I was looking through that house there, I never seen so many Mexican people in that one little damn house. They's small people anyway. CHAIRMAN HALAS: Thank you very much, Ken. MR. THOMPSON: Somebody going to have to do something with this place, and I'm going to -- ma'am, I won't stay no longer, okay. MS. FILSON: That's your final speaker, Mr. Chairman. CHAIRMAN HALAS: Thank you very much. We have a motion on the floor by Commissioner Henning and, I believe, a second by Commissioner Fiala. Is there any further discussion? (No response.) CHAIRMAN HALAS: Hearing none, 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: Opposed, by like sign? (No response.) CHAIRMAN HALAS: Thank you very much. MS. ARNOLD: Thank you. Item #10G Page 120 October 10, 2006 RECOMMEND APPROVAL OF THE AWARD OF RFP # 06-4007 AND CORRESPONDING AGREEMENT BETWEEN COLLIER COUNTY AND PARADISE ADVERTISING AND MARKETING, INC. FOR TOURISM MARKETING SERVICES - APPROVED MR. MUDD: Commissioner, that brings us to our next item, which is lOG, and that is a recommendation -- excuse me. It's to recommend approval of the award ofRFP number 06-4007 and corresponding agreement between Collier County and the Paradise Advertising and Marketing, Inc., for Tourism Marketing Services. And Mr. Jack Wert, your Director of Tourism, is supposed to present. CHAIRMAN HALAS: Well, I'll have a motion for approval. COMMISSIONER FIALA: Second. CHAIRMAN HALAS: Okay. Jack did a nice job for presenting. We have a motion on the floor by Commissioner Halas and a second by Commissioner Fiala. Any further discussion? (No response.) CHAIRMAN HALAS: Hearing none, 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: (Absent.) CHAIRMAN HALAS: Opposed, by like sign? (No response.) CHAIRMAN HALAS: Motion carries. Item #lOH Page 121 October 10,2006 RECOMMENDATION TO ADOPT A RESOLUTION REPEALING ALL PREVIOUS RESOLUTIONS ESTABLISHING AND AMENDING PARTS OF THE COLLIER COUNTY PARKS AND RECREATION DEPARTMENT FACILITIES AND OUTDOOR AREAS LICENSE AND FEE POLICY AND ESTABLISHING THE POLICY EFFECTIVE OCTOBER 1,2006- TO CONTINUE AND COME BACK W/CHANGES FOR REVIEW - CONSENSUS MR. MUDD: The next item is number 10H, and this item -- I hope we can get this done by two o'clock -- 10H. This item was continued from the September 26,2006, BCC meeting. It's a recommendation to adopt a resolution repealing all previous resolutions, establishing and amending parts of the Collier County Parks and Recreational Department Facilities and Outdoor Areas License and Fee Policy and establishing the policy effective October 1, 2006. Mr. Barry Williams, your Director for Parks and Rec., will present. And before he does that, Commissioners, this is your policy. Whatever you want in this policy is what you'll get in the policy, and then we'll execute that policy, okay? Staff has no literary ownership to this particular item. We've basically -- a lot of these things have been in our policy for a long time. Some are new. And we tried to itemize those things. Each commissioner's had some wonderful questions about why is this and why is that in the particular thing. I'd ask you to voice those, and if there's -- we'll try to get consensus again, okay, and come up with a document. If we don't quite get it there today, we'll bring this back again, and it's okay because this is an important policy and it provides about 30 percent of your fees for parks and rec. out of the fees in this particular policy and structure, and the rest comes out of ad valorem and your Page 122 October 10, 2006 unincorporated general fund dollars in order to fund the rest of their servIces. MR. WILLIAMS: Commissioners, for the record, Barry Williams, Parks and Rec. Director. Just for the record as well, this is a recommendation to adopt a resolution repealing resolution 2006-43, so I wanted to enter that into the record. As you can see by the executive summary from last meeting, you had asked for several changes to the policy, and we wanted to bring those forward. I summarized that in the executive summary. Just to go through those briefly for you, the concession booth fees, you had asked that we drop those fees from $25 to $20, which that has been done. You also considered reducing recommended single and family annual pass rates to Sun- N - Fun Lagoon, and we dropped those fees from -- the family pass, from $190 to $1 79.25. We've made no provision if it's a family of eight or a family of four, they would be eligible for that family pass. You also asked us to look at the pass for over 48 inches, and you asked us to look at dropping that, and we dropped it from $110 to $103.78. And finally, the under 48 inches, we dropped that from the $80 from the previous resolution to $75.48. You've also asked us to look at establishing higher fines for violating handicap parking, defacing or disfiguring county property, soliciting removal of live natural objects, removal of cultural resources, and loud music ordinance, and we've raised those fines accordingly to the -- what you have. Mr. Henning asked for transferable rain check policy, and I just wanted to clarify. We do have a rain check policy, and we make no provision. If we give the customer a rain check, they can use it, they can give it to their family member to return to the park on a day when it's not raining. So that -- there was no provision in there that kept Page 123 October 10, 2006 people from doing that. We also had some scrivener enumeration issues that we've corrected and actually caught one more just a few minutes ago, so we wanted to point that out to you. You also asked for identifying exemptions for civic associations to use for their general membership meetings, and this has not changed. You can find that exemption and the specific civic associations if you look on page 3 under federal income tax exempt entities, user category B 1A. It describes, the following civic associations will not be subject to fees for their one general membership meeting per month: East Naples Civic Association, Golden Gate Estates Civic Association, Golden Gate Civic Association, Immokalee Civic Association, and Second District Association, so that's not changed. That was in there in the last resolution. And finally, you asked for us to look at decreasing the fees that we had associated with nonprofits, and we did that. In the North Collier Regional Park, for our room use fees, we dropped those dollar amounts. We also dropped the dollar amount that we charge for a fee that I know there's been some question in fundraising fee. We charge $20 for an organization. If they're not -- if they're nonprofit, we charge $10, so we looked at adjusting those downward. So I'll stop and just ask if you have further questions about this particular item. CHAIRMAN HALAS: Yes. I have some concerns here in regards to defacing or de- figuring county property. We did raise the rate on that? MR. WILLIAMS: Yes, sir. CHAIRMAN HALAS: Okay. I know that we spend a lot of money on park benches and a lot of times these park benches get sprayed over with graffiti and people sit there and start carving and stuff of this nature. I'm sure that it costs more than $250 to replace a Page 124 October 10,2006 lot of these benches. I have a concern there. The other concern that I have is littering on the beach. There's been times when I walk the beach and find used diapers and other paraphernalia laying on the beach, and it would be interesting to see if the -- from the $50, if that could be maybe up to 75 or $100. That's my concern. And another thing that I find on the beach periodically is broken glass where people take bottles on the beach and then start throwing stones and stuff at them and end up breaking the bottles. I think that's a real hazard, especially if the glass gets in the sand and small kids are walking around. So hopefully something of this nature would deter people from bringing glass along the beach. The other thing that I have concerns about is removing live or natural obj ects, and I think that some of these -- in some -- removing of cultural resources, such as statues or plaques. Some people like to steal plaques off of government buildings because they're brass and they bring things of value. I also am concerned about removal of live or natural objects, and that would be like sea oats and things of this nature that could be destroyed along the beach and along the CCSL lines, so that's my concerns. I believe Commissioner Coletta was next. COMMISSIONER COLETTA: Yes, thank you. Yeah, they're good concerns. One of the things we might want to think about is, it's awful hard to put a value on some of these things. I mean, sometimes they may do damage that's way in excess of the fine. Shouldn't the fine say that this is the fine, but also in addition to it there would be a cost associated with the damage that was done? I mean, in other words, if a person -- for example, we're talking about the -- you know, the damage to county property, defacing or de- figuring county property, $250. I mean, it would be very possible to do a 1,000, couple $1,000 worth of damage in the small time for Page 125 October 10,2006 somebody that's just bent on destruction. But could we try to also capture the cost of the damage itself, plus the $250? MR. WILLIAMS: Yes, sir. And you know, these fees or these citations, a couple of questions come to mind. One, you know, the example last meeting about a firearm. Would we encounter someone and try to write them a ticket if they had a gun or would we call Collier County Sheriff? We would call the sheriff. If we had somebody that was damaging property, more than likely law enforcement would be involved, there would be a judicial process. You know, it's likely that they would be asked to pay for the damage. We could -- and we would seek that out as well as fining this amount for that offense. COMMISSIONER COLETTA: And one other thing that gave me a little bit of concern, glass containers. In a lot of communities they're permitted, you know. And I'm just concerned that we have our visitors coming from all over the world to Collier County. Is there some mechanism in there for a warning for the first time? MR. WILLIAMS: Absolutely, sir. That's an important part of what our rangers do. And we don't envision setting up beach traps to get people with glass containers. We would do a process where we educate the public, and that's an important part of what we'd want to do. This would be for folks that -- and 90 percent of the people that you tell, hey, stop doing that, they stop. It's the 10 percent that we think these fines might apply to. So a lot of what we do is in this initial, just educating the public about what they can and can't do. And most always they abide. COMMISSIONER COLETTA: And another thing I have concern with is the after hours park usage. There's a situation that can exist, especially in the boating parks, where people go out, and through no fault of their own, they have to be towed back, have to get their car out. It's beyond their circumstances. Is something allowed Page 126 October 10, 2006 for in that particular case? I mean, it's a rare occurrence, but it would be terrible to have, on top of the fact that they had a misfortune out on the water, to come back and have a $50 fine. MR. WILLIAMS: Yes, sir. Our rangers do have discretion. Again, their thing is education. And if you had circumstances like that, I can assure you that our rangers would not indiscriminately give a ticket to someone without a good discussion of what's going on and the situation. We don't anticipate writing a lot of tickets. I mean, the biggest ticket that we write is for parking, and probably the most -- the biggest issue for us in terms of people parking, and safely, so -- COMMISSIONER COLETTA: And another thing -- and I'm almost done. I appreciate the council's indulgence. The fact of this Sun-N-Fun Lagoon, that's wonderful. A family consists of mother, father and whatever number of children that are, what, 18 and below? MR. WILLIAMS: Yes, sir. COMMISSIONER COLETTA: Okay. And somehow you document who those kids are at the time they sign up so that somebody's not going to bring a whole neighborhood and say they're all my kids and they're real busy as a father or whatever? MR. WILLIAMS: Yes, sir. COMMISSIONER COLETTA: Okay. The other thing now, does this also apply to like Santa Barbara and Immokalee park? MR. WILLIAMS: Golden Gate Aquatics and Immokalee Sports Complex. COMMISSIONER COLETTA: Yes. In other words, same goes? MR. WILLIAMS : We have a different price for the those pools for family passes, but it would be the same criteria. If you had a family of six, seven, eight, it would be a family pass. COMMISSIONER COLETTA: I mean, that's a rare occurrence. Page 127 October 10, 2006 I mean, those are the kind of people that this is probably the only thing they can really afford to do as a family. Okay. Thank you. I'm very satisfied. CHAIRMAN HALAS: Commissioner Henning? COMMISSIONER HENNING: County Manager, when you were saying this is our fee policy, what -- being the issue that arose where the Ritz-Carlton can rent the park, and which we did approve -- we approved that, that it could rent it out, but then we didn't set the policy when the park was going to be open. That was a staff, correct? MR. WILLIAMS: May I address that, Commissioner? COMMISSIONER HENNING: Yes. MR. WILLIAMS: I know there's been some newspaper article about the Ritz and the Sun-N-Fun, and I'll tell you a couple of things. First of all, we have marketed Sun-N-Fun to a variety of organizations, including the hotel association, so they're very familiar with the amenity, and we're encouraging them to let their guests know about Sun-N-Fun. We think it's a win-win situation for them as well as us. We were approached by the Ritz about a package that they wished to put together, and it is marketed currently with the Ritz. It's called the reconnect package, I believe. And within the description of the package, it describes two complimentary tickets to Sun-N-Fun. I would -- it's very important for you to know that those complimentary tickets don't come from us. They come from the Ritz. The Ritz has to purchase the tickets from Sun- N - Fun. And if they purchase a group sale, they can get a discount, if there's over 20. They haven't approached us with that. And the arrangement that we have is that if they sell or book that package, they will buy from us the tickets that they need to give to their guests. Another thing that was described recently was any organization has the ability to rent the Sun-N-Fun Lagoon, and the prices are found in the fee policy. And so, we don't have any arrangement with the Page 128 October 10, 2006 Ritz-Carlton to rent the facility at this point. We have had some organizations that have approached us about renting the facility, and we do have some bookings for that. The other thing I would want you to -- want to mention is that if a group were to rent the facility during a time that we're closed, we haven't discussed that, and that would be something that we would discuss in the rental agreement. The biggest issue for us, if we're closed, whether we have sufficient lifeguards to provide for the park. But we don't intend it as far as renting the facility or making it available for exclusive use for hotels at times when we're closed. This is when we are open -- open for business, and anyone from the public could enter as well. So it's not just an exclusive arrangement with any hotel in the area. COMMISSIONER HENNING: So the article was incorrect; is that what you're saying? MR. WILLIAMS: Yes, sir. COMMISSIONER HENNING: Okay. MR. WILLIAMS: The description of the article. MR. MUDD: Commissioner, I will also say to you the, you're right, the hours of operation were basically vetted through the Productivity Committee and it went through your parks and rec. advisory board -- COMMISSIONER HENNING: Right. MR. MUDD: -- in order to set the time. I've asked staff to take a look at those hours of operation to do a -- do a good staff point paper and analysis on that and come back to the board to talk about what hours we want to run, let's say, off the summer season. The park does have some unique heating arrangements, okay, for the -- because they're basically using geothermal and things like that, and I wanted to know what the costs would be. We've been running the park during the week and on the weekends, and during the weekdays we're getting 45 to 50 people to use the park. And how Page 129 October 10,2006 many lifeguards do you need? MR. WILLIAMS: Fifteen. MR. MUDD: Fifteen. So we've got three people for every lifeguard. I mean, you can walk around with those folks to make sure they're okay. And it isn't very cost effective to keep running it during the daytime after school starts. But the weekends, we're back up to about 1,000 people per day on Saturday and Sunday. And I've asked staff to take a look at that to see what hours would be good to have during the wintertime and also to determine what our costs would be in order to heat the pool, in order to heat all of those pools, the meandering river and things like that. For five days during the week that you're not operating the pool, just for the weekend, might be cost prohibitive too. So I've asked staff to take a look at that and determine some cost points where we've got some breakevens to see if we can expand the hours into the winter season even though we're going to construct -- maybe we're going to construct a new slide, okay, because the board hasn't made that decision yet, and you will in a couple of minutes today. And to basically do the construction during the week, but on the weekends still have it open. And we might even talk about Christmastime. So I've asked staff to take a look at that and to press that all the way out through May where school is in session so we can figure that particular issue. COMMISSIONER HENNING: He talked more than I did, okay? I just asked one question. And I have -- and I have other questions, so I just want everybody to recognize -- COMMISSIONER COYLE: It's just like Commissioner Coletta, you know. It's just -- COMMISSIONER COLETTA: I trained him. COMMISSIONER HENNING: Anyways, the bottom -- the bottom line is, when the doors are closed, the door are closed. Page 130 October 10, 2006 MR. WILLIAMS: Commissioner, I had to -- I made a correction. Ms. Ramsey pointed out the rental that I described -- and it's found on page 9 -- that describes an ability to rent the pool, $1,500 an hour for two-hour minimum, that would be after hours. So organizations would have the ability to rent after hours. COMMISSIONER HENNING: Yeah. And see, I have a big problem with it. If somebody wants to rent the facility, the pool facility, it's good enough for them, it should be good enough for the general public. MR. WILLIAMS: Well, we'll have established hours, public. And if someone came and wanted to rent after hours, then that -- we wanted to include a provision for that. COMMISSIONER HENNING: Okay. Right here, entry facility rental $1,500 per hour, two-hour minimum. And I just think that is sending a wrong message to the public, and we can debate that up here. The other thing is getting back to some fines and fees for some of those beach activities. Now, you have one here, gopher tortoise infraction; you're taking that out of Land Development Code, 3.04, I believe? MR. WILLIAMS: I believe you're right. COMMISSIONER HENNING: Yeah, okay. MR. WILLIAMS: 3.04.02. COMMISSIONER HENNING: Right, right, exactly. So you're in charge of that. The concern that I have is -- and public nudity, when I proposed to my wife on Barefoot Beach, we had to encounter that, and really, that person should have been put in jail instead of given a $150 fine. MR. WILLIAMS: We would -- we would call the police if we encountered -- well, if -- as I mentioned before, I mean, if we had the opportunity to educate the public about putting their clothes back on, we would start there, and hopefully we would get a good response. Page 131 October 10,2006 COMMISSIONER HENNING: Okay, all right. And I have faith in the park rangers, and I think there's a difference between nudity and some really off-the-wall stuff, and I'll just leave it at that. How much extra money would you anticipate you would generate from this -- new changes? MR. WILLIAMS: For the fines itself -- COMMISSIONER HENNING: No, just the whole thing, fees -- MR. WILLIAMS: Well, I can tell you that in our budget, about 30 percent of our budget is based on user fees; 7.2 million of the coming year's budget -- this year's budget actually is based on those user fees, so that's the dollar amount that, when you take all this into consideration, that we hope to get. COMMISSIONER HENNING: That's just the changes that we're doing today? MR. WILLIAMS: That's -- no, not -- as far as the difference between last year and this year, I don't have that number, to be honest. COMMISSIONER HENNING: Okay. But whatever that is, we're going to see less reduction in general fund requests from parks and rec. because you're updating these, increasing them? MR. WILLIAMS: Well, I can tell you that we're reducing some of the fees here. And how it will translate to our FY -'08 budget, I can't say. I know that we'll begin that process in March. COMMISSIONER HENNING: Where are you reducing fees? MR. WILLIAMS: Well, we've reduced a few as relation to nonprofits and concession fees. We've also -- COMMISSIONER HENNING: Those are -- MR. WILLIAMS: -- in our Sun-N-Fun, we've reduced the fees there just based on the recommendation that we brought you last meeting. COMMISSIONER HENNING: Well, I would imagine. Those are minimal. The strike-through and the underline, I would say, for the most part, they're going up, so I would -- Page 132 October 10, 2006 MR. WILLIAMS: We do have some we're suggesting be raised, yes. COMMISSIONER HENNING: Right. And I would like to see a correspondence in your budget request. MR. WILLIAMS: Yes, sir. COMMISSIONER HENNING: The only problem that I have is the rent -- after-hour rental fees. And if we can clarify it as just adding some words of, there'll be no after-hour rental fees, I think I'd be okay with what's being presented. MR. WILLIAMS: Ifwe did that -- and we can do that -- we would not rent the Sun-N-Fun Lagoon during a time when it was open for the public. So if we -- if you would not like us to open it up to organizations after operating hours, we wouldn't -- we wouldn't have that then. We wouldn't do it. COMMISSIONER HENNING: Okay. CHAIRMAN HALAS: In other words, if somebody wanted to rent that after hours, excuse me, we wouldn't rent it out? MR. WILLIAMS: We've had a church in town that's sought a rental from us. I mean, there are a variety of organizations that would use it for that purpose. I know with the Ritz, you think of exclusively and -- but you do have a lot of organizations that have -- again, church groups come to mind -- that might want to rent it for a church event. We do have that one rental, so -- but we couldn't rent it out to an exclusive group, whether it's the Ritz or church group, and then keep it open to the public. So we -- you know, if that's making sense for you. We'd have to choose whether we offer that rental or not. CHAIRMAN HALAS: Commissioner Coyle? COMMISSIONER COYLE: Yeah. I would just like to touch upon some of the same items very briefly just to make sure I understand. First, the right to rent the facilities like the Sun-N-Fun water park portion, not the meeting rooms, but the water park portion -- Page 133 October 10,2006 MR. WILLIAMS: Yes, sir. COMMISSIONER COYLE: -- you're saying that you will permit that but only if it's done after normal operating hours. MR. WILLIAMS: Yes, sir. COMMISSIONER COYLE: So they're not going to be competing with residents when they reserve this facility because it would normally have been closed and residents wouldn't have been there anyway? MR. WILLIAMS: Yes, sir. COMMISSIONER COYLE: Okay. I can buy that plan. I am concerned about the -- what I hear about group ticket purchases and their use. The one thing I think we have to be sensitive to here is that residents have priority, and I don't want to see the residents and the families squeezed out of this facility because some hotel has distributed 50 or 100 or 200 tickets to a visiting group. And that bothers me a little bit, and I don't know exactly how to handle it. I understand that some of the hoteliers will consider this as an amenity that might attract tourism, but my top priority is to serve the residents of Collier County. And I would like to be able to have some assurance that we're not going to have a problem like that, and I guess there are ways to deal with it. You only permit the purchasing of a specified number of these things during any particular period by all hotels. You just limit it. When you run out of that number, you don't have any more, and it should be a number that's low enough so it's not going to impact -- impact the residents' ability to get in there and enjoy the facility. And the other thing has to do with the days of operation during the wintertime. I know exactly what you're talking about. It's more expensive to keep it open in the wintertime if you don't have a lot of people during the week. It seems to me that it might be worthwhile, at least for the year, to have a more liberal policy, to just evaluate how things are going, Page 134 October 10, 2006 get some experience. How many people really are going to be coming here? If they think it's going to be closed from November to February, nobody will even be looking to go out there. But if we let people know that, look, it's going to be open every weekend during that period of time, we'll get a good idea of how many people are willing to come and is it enough to continue operating it. It might cost us a little money the first year, but I think that experience will tell us something about our future operating policy. Does that seem reasonable? MR. WILLIAMS: Absolutely, yes. In total agreement with you. I think we don't know what the winter months are going to provide, and the question of whether folks will use it or not, and I'd like to know that answer, and that will help us, if we go down that path, we'll go right into FY -'08 budget with that information. I think that will be very helpful for our planning next year. COMMISSIONER COYLE: Yeah, okay. And that covers all of my questions, Mr. Chairman. CHAIRMAN HALAS: Commissioner Fiala? COMMISSIONER FIALA: Yeah, I have a bunch, too. Mostly mine are on rates. I was trying to figure it out, and if you've changed them since we got this -- I know that we got another one last night -- MR. WILLIAMS: Yes, ma'am. COMMISSIONER FIALA: -- but I'm afraid it was after I left, and so they just installed it in my book here, so I haven't studied it, so please correct me if I'm -- if I'm wrong here. You're talking about -- now, category one is charitable not- for-profit, right? And category two is just not- for-profit, I believe. I've got that here someplace. It's not important right this minute for this conversation. On page 9, there's a little four at the bottom, so it might be different on your pages than I have. It talked about Sugden Regional Page 135 October 10,2006 Park for a countywide event, and this is under a charitable not-for-profit, $800 a day, and Immokalee is $500 a day. What is Golden Gate Community Center? MS. DONNER: For the record, Mary Ellen Donner, assistant director, Collier County Parks and Recreation Department. We had specifically addressed Sugden Regional Park and North Collier Regional Park because those were the two areas that we had expressed interest, and that's an entire park rental. COMMISSIONER FIALA: Well, yeah, but at Golden Gate Community Center, they hold fairs. I mean, you know, it might not be charitable and not-for-profit, but I was just wondering, as a comparison, I don't know how much Veterans Park is or Golden Gate Community Center. I'd just like to know, in comparison. I don't know what this $800 used to be. MS. DONNER: The -- normally, the events that you're referring to at Golden Gate Community Center are co-sponsored events with the parks and recreation department, and these were individual organizations who were looking to rent specific parks outside of a co-sponsored event with the department. And if you would like to have specific park-wide fees for each park, we could certainly do that. COMMISSIONER FIALA: Well, I just wanted to make some kind of comparison. You only have the two here. How much did you rent Sugden out for before to a not-for-profit charity group? MS. DONNER: We did not change the Sugden rental fee. We merely clarified it. COMMISSIONER FIALA: I see. MS. DONNER: The clarification was, Sugden originally said, Sugden Regional Park, and then we refined that to say for a park event so that, perhaps, there could still be some people on the playground if they were renting the park in another area. Because the original -- the original one had the entire park. MR. WILLIAMS : Commissioner, I think I'm getting your point. Page 136 October 10,2006 We seem to be singling out certain parks and we're not identifying a fee for our community parks or our neighborhood park or even our regional park. We can -- we can come back. I don't know that we're describing a good reason why we are focused on Sugden Park for the fee. A lot of the events though for the other parks, as Mary Ellen mentioned, we do co-sponsor. And when we do that, we don't charge that fee. Historically, we've found Sugden Park -- there's a muscle car group that I'm aware of that has used it over the years. And so there are certain groups that have used Sugden Park that hadn't necessarily been co-sponsored with us. So we found a need to find a fee for that particular park, whereas, the other parks we have not, so -- COMMISSIONER FIALA: Does St. Elizabeth Seton co-sponsor with you for their fair? COMMISSIONER HENNING: No. MR. WILLIAMS: They're not on our property. MR. MUDD: They're on the church property, ma'am, the school property, their school property. COMMISSIONER FIALA: Okay. MR. WILLIAMS: You're thinking they're at Golden Gate Community Center, but they're right next door at the church. COMMISSIONER FIALA: Oh, okay. Okay. I just wondered because it seems that -- well, I'll go on. You talk in the next category, two user facility-type gymnasiums, and then you have gymnasium again, but that's at the North Collier Regional Park. So what's the difference between the one gymnasium and the other or all they -- al gymnasiums are $60? MR. WILLIAMS: No, ma'am. We did adjust that. North Collier Regional Park has two basket -- two full basketball courts. Our other gymnasiums in our park system only have one. So what we wanted to point out was the fee would be for the court. With North Collier Regional we didn't have this issue, but now with a gym that Page 137 October 10, 2006 has two courts, we needed to clarify that it's the $60 per court. And if you rented the whole gym at North Collier Regional and you're a category two user, you would be charged 120 hours (sic) for the whole gym. And we actually -- we have had some rentals where we've had some groups rent the entire gym. COMMISSIONER FIALA: Now, also when they rent a park for a countywide event and it's a charitable organization and it's not- for-profit and you charge them $800 for Sugden Park -- and then you also charge them for an additional hourly rate above because it's a fundraising event. So in other words, even though they're raising funds for some charitable organization, whatever it is -- I mean, I think of Kiwanis, for instance -- MR. WILLIAMS: Yes, ma'am. COMMISSIONER FIALA: -- or I think of Rotary. The money that they get in -- you know, they don't keep anything for themselves. They get what they can, donated. They scrimp every way they can so that the money they get, they can buy uniforms for somebody in school that can't afford uniforms, or they buy shoes, which they're doing right now, for children that can't afford shoes, and yet we're penalizing them for having a fundraising event by charging them an extra $10 an hour. MR. WILLIAMS: Yes. I would say a couple things. First of all, I'm not pleased with the term fundraising, and often when you think of fundraising, you think of charitable giving. And I think that's one of the issues that we have here. We have a variety of groups that use our park system. We have some folks that will use it -- and sometimes it's concession, that the proceeds go to a good cause, if you will, and some that the proceeds will go to a person's private business, so -- COMMISSIONER FIALA: Yeah, but then they wouldn't be categorized under charitable not- for-profit, right? MR. WILLIAMS: Yes, ma'am. But for the nonprofit groups, the fees that we're charging, these additional fees, are meant to cover -- Page 138 October 10, 2006 we have a rental cost for the facility, and then the additional monies are used to cover the fee, such as electrical, utilities, that kind -- COMMISSIONER FIALA: But how come they aren't included in there? I mean, you don't charge those same fees if they're not fundraisers? I mean, you're charging them, it says, fundraising rates are $10 additional to hourly rate above. MR. WILLIAMS: For both those, either nonprofit or a business, we would charge. The nonprofit we would charge a $10 amount. The other category we'd charge a $20 for the, quote, fundraising fee. And, again, it's meant to cover the lights, the water, you know, those kind of utilities that -- we wouldn't incur those expenses unless that group was using the park. The rental fee itself is simply meant to -- if you have a group that wants to use the park for a public use, we've extended those fees to help them -- these user fees for them to pay for that use. In no way are we attempting to or wish to take away from their fundraising that they're giving. We're just wanting them to cover some of the costs that -- COMMISSIONER FIALA: It doesn't say that at all. It said fundraising rates are $10 more if you're raising funds. Then we have next under category two, you give again, Sugden Regional Park or countywide, and it's $1,200 a day if they're just -- if they're just a not- for-profit rather than charitable. Do you charge for the Vineyards and for Golden Gate Community Center as well? MR. WILLIAMS: Ma'am, I would like to come back with you with a recommendation for countywide. I think that's part of the issue we have, even though historically we have not rented those parks for that purpose. I think we can come back with that rate that shows it's for the parks themselves, not just one single park. COMMISSIONER FIALA: Yeah, I would love that, because I think some of these places really -- you know, we need the children to do stuff, especially in areas where they don't have enough stuff to do. Page 139 October 10, 2006 And I just don't want to see them penalized. Anyway -- and then, of course, they say light fees were not specified or an additional $10 an hour on top of the rental fees, right? MS. RAMSEY: Commissioner, if I could help a little bit with this. Whenever we have a group -- and I'll use United Way as an example, because they just did a big -- a large walk at the North Collier a couple of weekends ago, had over 750 people that came in. When there is an organization like the United Way, the Kiwanis, or whomever it might be who has a fundraising element that's going to the community, we usually co-sponsor that event, so there is no charge to the nonprofit for that activity. COMMISSIONER FIALA: Oh, I see. It doesn't say that anyplace, but thank you for letting me know. Okay. That's an important thing. Then I have a couple other things. I'm sorry I have so many, but I did have. On the next page, page 6, or it's 11 of 19, under athletics, and you talk about programs now -- and this is like for the different leagues and so forth, you show adults pay $30, and then you show youth pay $30 except for Immokalee youth. They only pay 5. Why isn't Golden Gate and East Naples -- they're just as poor as Immokalee, why don't they get a $5 rate also? MS. RAMSEY: It has been historical in our fee policy that Immokalee does have a lower rate based upon their economic situation in Immokalee, but everybody else in Naples has got a consistent rate. We have different rates on different leagues based upon what a league might get or not. An example would be softball -- men's softball versus men's soccer. Men's softball has a higher fee because it includes all the referees. There's really one, behind the plate, and we cover that in that fee. With the soccer teams with the men's leagues, it's less, about $200 less, because we don't pay the referee fees. Each individual that Page 140 October 10,2006 comes, chips in 2, $3 every game. Comes up to be about $70 per team per game for the officials, that's added on top of that $600 some. It comes out to be about $1,630 per season for a-- COMMISSIONER FIALA: I just think the youth in East Naples really need a better rate than that. We want to get them off the street and out of the criminal element and into the parks, and why are we charging them $30 rather than $5? I just think, you know, we're trying to encourage safe sports, children to play in sports rather than to be robbing houses, and we want to start that right away. I don't think encouraging them by a $30 fee is a good idea because how many -- most of the groups then have to have fundraisers -- go back to the fundraiser event -- in order to raise enough money to sponsor the children because they can't afford it themselves, and also they have to have fundraisers to pay for the uniforms that they can't -- I mean, it's -- it seems like there's a problem here, and we're trying to solve that problem in East Naples. We're trying to get the kids more active in sports and in healthy things, and this doesn't encourage that at all. MS. RAMSEY: If I will, just one more time on that. Commissioner, those $30 fees for the youth programs are our programs, the programs that we run, that Collier County runs. We use that to pay for the T-shirts and the trophies and to, you know, get officials to come out onto the field. We also go after sponsor teams, as each team has a name on the back of it so that -- to help under cost -- undercut that cost for that individual. Thirty dollars is very inexpensive here in Collier County. A lot of the teams are upward of 75 or 80, if you're talking about the outside agencies to make their cost associations. So we think it's a fair price. But, you know, this is your fee policy, Commissioners, and if you want us to put a different price on all of the youth of Collier County, then we're receptive to that. COMMISSIONER FIALA: Well, I mean, here you identify just Page 141 October 10,2006 one, and I would just think that, you know, at least in the areas -- like Golden Gate City, they're another place. You know, these kids aren't wealthy kids. They're low-income kids, just like the kids over along that whole U.S. 41 corridor. And we want to encourage them to have a healthier lifestyle. MS. RAMSEY: We also use the Children and Families sliding scale on our program, so if it meets the criteria for that, they can get up to 50 percent off on any program that Collier County Parks and Recreation runs, so we have that availability for them as well, based upon their income. COMMISSIONER FIALA: I still think that that's wrong, but anyway I'll go on to the next one. Are you going to be -- MR. MUDD: Let's try to get some of them. I mean, if we're looking to do the youth and reduce the cost just because we want the kids to be involved in sports and that kind of thing, we can do that, but what I'm doing is I'm taking notes. As each commissioner has a particular item, I'm trying to tab it, and when we're done with this discussion, then we'll go back over it and we'll ask the question, what's the board's desire on that particular item, go to the next one and try to get that, and this way come to some meeting of the minds. COMMISSIONER FIALA: I just have some more. Will soccer practice be allowed -- soccer practice be allowed at the new regional park? MR. WILLIAMS : North Collier Regional Park is being programmed for game and tournament play, so we're not -- COMMISSIONER FIALA: Only, no practice there? MR. WILLIAMS: No practice. COMMISSIONER FIALA: I thought I'd bring that out. Okay. I've got a few other things here, but I'm going to try and just get rid of them real quick because I know everybody else is going to get antsy. So -- well, again, the gymnasiums, if it's a fundraiser, they add Page 142 October 10,2006 $20 to the fee in category one, again. It's $30 per hour any size -- this is 17 of 19 -- except it you're fundraising, then it's $20 additional. And I would like to see that whole thing addressed. And then, at Wheels, amphitheater and others. Fees charged in accordance with the Sugden Regional Park. Well, one of the biggest problems we've had over at Sugden was the -- first of all, the facility itself was in such bad shape, and so the community got together and got the materials and painted it and fixed it up and so forth, and parks then stepped in and helped a little bit, but they were charging so much. MR. WILLIAMS: At East Naples? You mean Sugden or East Naples? COMMISSIONER FIALA: East Naples Community Park, Wheels. I mean, it isn't called Wheels. MR. WILLIAMS: Yes, ma'am. I understand what you're saying. COMMISSIONER FIALA: And so I just think -- I think the fees should be according to the communities that they're in. MR. WILLIAMS: Yes, ma'am. CHAIRMAN HALAS: Go ahead. CHAIRMAN HALAS: Okay. Commissioner Coyle? COMMISSIONER COYLE: Yeah, this goes back to something Commissioner Henning brought up first, and it's a serious question. Is there a legal distinction between nudity and indecent exposure? MR. WEIGEL: I'll step up and say yes. COMMISSIONER COYLE: There is a legal distinction? MR. WEIGEL: Yeah. Nudity you've got more clothes off. COMMISSIONER COYLE: Okay. And my point here is that maybe we change the term or we say, nudity or indecent exposure. I believe that's -- I believe that is probably defined in the sheriffs list of fines. But in any event, that might provide us greater ability to police that sort of thing. And I would like to go on record as saying I do not support Commissioner Coletta's proposal to eliminate the fines for female Page 143 October 10,2006 nudity. COMMISSIONER COLETTA: You just want to eliminate it for male nudity? CHAIRMAN HALAS: Commissioner Henning? COMMISSIONER HENNING: On the issue that Commissioner Fiala was discussing, why can't you just raise the adult charges for a league and credit the children? MR. WILLIAMS: So we're charging $30 for adults, just raise that and -- COMMISSIONER HENNING: I mean, if you think about it, you're providing less uniforms to kids than you are adults, normally. MR. WILLIAMS: I would have to go back to what Ms. Ramsey said. The monies that we're charging are not -- you know, we're not -- it's not a for-profit venture. The monies go back in the program, so they go -- COMMISSIONER HENNING: To cover the cost of uniforms and materials. MR. WILLIAMS: Trophies and, you know, recognizing children's achievements, that kind of thing. So if that's your direction, certainly we can revise a fee structure that way. COMMISSIONER HENNING: I think we need to do something for the kids. I mean, Commissioner Fiala made a very good point, compelling argument, that we want to encourage the kids to utilize our parks, and in turn, you know, stay off the streets. MR. WILLIAMS: Absolutely. COMMISSIONER HENNING: So I don't know -- however you can do that. If it is a problem -- and whether it be sponsorship or lowering the fees or something like that, tell us. MR. WILLIAMS: We can work with those numbers a bit to make it less of a burden on the children, and, perhaps, the adults can shoulder more of the cost. We could do a 40/20, a 50/10 or some version of that. And if that -- that made some sense. Page 144 October 10, 2006 COMMISSIONER HENNING: Okay. MR. WILLIAMS: If you'd like to direct us that way. COMMISSIONER FIALA: Barry, let me tell you why-- CHAIRMAN HALAS: Commissioner Fiala. COMMISSIONER FIALA: -- why I was so intent on this. One of the problems we've found in the sheriffs annual report was that there was two and a half times the crime in East Naples than even in Immokalee, and that's a startling blow. We know we've got -- and I won't mention all of the problems. But, you know, what I'd love to do is attract the kids to wholesome things instead of some of those things. MR. WILLIAMS: Absolutely. COMMISSIONER FIALA: My point is, let's make it attractive to them. Let's not penalize them, okay? MR. WILLIAMS: Yes, ma'am. We can adjust the fees and get more to a lesser amount for the children, if I understand your direction. CHAIRMAN HALAS: Yeah. Are we going to be able to offset the cost for the children to put this on the adults so that it doesn't cause a problem with your budget? MR. WILLIAMS: Well, you know, when you solve one problem you create several others, so that's a good question. It is a concern. And we need to look at that and see what we had anticipated with this change, what it might do. I can't tell you that today, but certainly we'll take this back and look at it and see what it does to those projections. CHAIRMAN HALAS: Because obviously we're going to have to increase the adult leagues, or the adults a lot more. COMMISSIONER FIALA: We could have a fundraiser at one of the parks to raise money to help offset that. Really. I'm not even being a smart aleck. CHAIRMAN HALAS: Well, we'll have you lead the charge. I won't be involved in the fundraiser. But I'm just concerned about the direction we're going in. Page 145 October 10,2006 And basically, I think what you're talking about, these are organized baseball leagues and organized soccer leagues that presently use the parks now. I'm not sure how this falls in line with children that don't have any interest whatsoever in getting involved in organized athletics, so that's a concern I have. I'm not sure how you're going to get those people involved in organized athletics because they may not be interested in that, okay? MR. WILLIAMS: That's very true. CHAIRMAN HALAS: So, Commissioner Coyle? COMMISSIONER COYLE: Yeah, I'm concerned about that also. Is there any indication that you don't have enough children involved in this, that there is -- that there's a -- that there're just not a lot of kids getting involved in this program? MR. WILLIAMS: No, our programs are very popular and well attended. Our biggest -- our biggest thing is having enough fields for them to play on typically, but -- COMMISSIONER COYLE: And an adult is someone who's 18 or over -- MR. WILLIAMS: Yes. COMMISSIONER COYLE: -- right? From the standpoint of crime statistics, I'd be willing to bet you that the vast majority of the crime is committed by adults, 18 and over, not by children substantially younger than that. And I don't -- I don't know, but it seems to me that the price is so low per child for what they get out of the program that if a family can't afford to pay that, maybe there's a way the community can get -- help the family, and that's probably a lot better way to do it than to just arbitrarily reduce the cost, because then you're reducing the cost for the people who can afford to pay it. And the chances are -- that you will actually be able to attract enough additional children who otherwise wouldn't come because the cost is probably very, very small. Page 146 October 10,2006 So I think this is a compassionate idea that doesn't have much practical application, and so I don't know what you're going to do with that. My feeling is, it's just like the school lunch programs. You feed the kids who can't afford it, and those who can afford it ought to get fed by their parents. We shouldn't provide free meals for the people who can afford them, but that's what we do. And that, to me, is not the right way to encourage people to assume responsibility for what they're supposed to be doing. MR. WILLIAMS: I just -- Commissioner Halas, I just wanted to mention that it was brought to my attention too that we do have a program, and we're able to help with children who have difficulty in paying for these fees that we co-sponsor, and we have groups that will step up and pay a percent of the fee if they are unable to do that, and we do have a number of children who exercise that option because of Income. So I do think we have a provision that allows for that, just to mention. CHAIRMAN HALAS: Can we wrap this up? COMMISSIONER COLETTA: I just got the answer I needed. CHAIRMAN HALAS: I believe we have one public speakers. MS. FILSON: Yes, sir, Mr. Chairman. CHAIRMAN HALAS: Would you call that speaker? MS. FILSON: Bart Zino. MR. ZINO: Good afternoon, Commissioners. Bart Zino. I'm a North Naples resident. I'm also on the board of directors for North Naples Little League. And Little League is an organization that pays for and uses Collier County facilities, but we're a private organization, a nonprofit, private organization. And our kids that we deal with are between six and 12 years old. At 12 years old they move on. And this year there are new fee structure -- or an old fee structure that will be in force that will increase the cost of operation for North Page 147 October 10, 2006 Naples Little League and other Little Leagues on an hourly basis for the fields, and it's part of this field use -- these field use issues that you've been talking about. We feel strongly that youth sports are very, very important in the community and that is does prevent long-term issues and crimes, drugs and other bad things. We're dedicated to these kids and we do the best we can. North Naples Little League is in the unique position that they don't have a single field in their district that is county -- wholly-owned -- Collier County parks and rec. owned field. We have to share baseball fields with interlocal agreements with school districts in every field we use. Because of this, our fundraising abilities are severely limited. We have one concession stand that operates for one field. We're not allowed to place any advertising banners on any fields at all whatsoever. The only fundraising we can do short of a straight donation from somebody who wants to give us some money -- and we are a nonprofit organization -- is to put the name of their company on the back of kids' T-shirts. That's the only thing we have, compared to the City of Naples, compared to other areas. As the cost of Little League continues to rise between all the things, this additional $25 an hour fee to use the fields on top of the long-standing agreement of $1 per kid per week is going to start to raise the cost of Little League to the point where a single mom in North Naples -- and not all North Naples areas are full of -- every other community was discussed, but don't forget Naples Park and Willoughby Acres -- will raise the fees to the point where a single mom with two kids is going to have to start making a choice, do they send both kids or do they send one kid? We're still working on those budget numbers for this year because this information about the field use fees have just come up -- actually they came up towards the -- they tried to instill them in the Page 148 October 10, 2006 middle of the season last year, and they were very good about trying to work with us. We feel that this is important to us -- we think that there is a distinction between youth leagues and adult leagues. When you look at the soccer community -- and I think there are 58 active adult soccer leagues in Collier County -- we're not talking about adult leagues. We're talking about one Little League that handles 900 kids in North Naples. And anything that can be done to help us to defray those costs in light of the fact that our fundraising abilities are severely limited and hampered, would really be appreciated. CHAIRMAN HALAS: Okay. MR. ZINO: Thank you. CHAIRMAN HALAS: I have a question for you. You said that you don't -- you have interlocal agreements with fields that -- the county doesn't have any baseball fields for you? MR. ZINO: We don't have a field in Veterans Park, we don't have a baseball field in the North Regional Park. There are no Little League baseball fields in the regional park. MR. WILLIAMS: Commissioner, if I could just chime in. With North Naples Little League, there are four fields that are available for their play, one at Starcher Petty (phonetic) Field. There are two fields that are at Osceola Elementary, and that -- those are made available through an interlocal agreement we have with the Collier County School Board for -- MR. ZINO: Those are three fields. MR. WILLIAMS: And then we have one field that is Veterans, that is for Little League play. MR. ZINO: Not for 12 years old. It ends -- that's a two years-- that's a big field. It's a high school size field, and it's for 13- and l4-year-olds. And admittedly, it's a small thing, but it is the only large field that I'm -- and we share it with every other league with 13- and 14-year-olds because it is, it's a very limited resource. Page 149 October 10, 2006 And it's for kids who haven't made a high school team and have outgrown little league. They've got a -- they should be playing something. They should be doing something on a team basis. So yes, every other field -- every field we have is an interlocal, and the pressure to work with an interlocal situation -- considering that I have the only key to the rest room at Osceola and if I want parents, grandparents, and little kids to use the rest room on a Saturday, I've got to go unlock that rest room for them Saturday morning and then go back when the day is over and relock it again. You know, a little more flexibility. We'll work with what we have. Land is tough, but help us out with the fee so that we don't have to keep raising the costs to make it harder for parents. CHAIRMAN HALAS: And who are the interlocal agreements with, the school? MR. WILLIAMS: Yes, sir. CHAIRMAN HALAS: And who grooms the fields? MR. WILLIAMS: Collier County Park and Rec. Department. CHAIRMAN HALAS: Okay. So we take care of the fields for the school board and take care of liming and everything else; is that correct? MR. WILLIAMS: That's correct. CHAIRMAN HALAS: Putting bags down and everything else? MR. WILLIAMS: Yes, sir. MR. ZINO: And we share as much of the labor burden on maintaining the facility at Starcher Petty as we can as a group. CHAIRMAN HALAS: Okay. And what about the rest room facilities? What kind of an agreement do we have with them? MR. WILLIAMS: Well, as Mr. Zino mentions, at Osceola the school board does make available rest rooms for play, but Mr. Zino, and just in terms of controlling the access for the rest rooms, it's limited. For Osceola, the maintenance and control of the rest rooms Page 150 October 10, 2006 are, my understanding, Collier County Public School System. CHAIRMAN HALAS: Okay. MR. WILLIAMS: Of course, with Veterans we maintain the bathrooms and Starcher Petty as well. MR. ZINO: We're not in Veterans. MR. WILLIAMS: Granted. CHAIRMAN HALAS: Okay. Thank you very much. MR. ZINO: Thank you. CHAIRMAN HALAS: Okay. Any further discussion? Hopefully we can get a motion here, whatever, guidance. COMMISSIONER HENNING: I think we're going to continue it, aren't we, further refine it? CHAIRMAN HALAS: Okay. Is that what we're going to do; you got enough information? MR. MUDD: Just -- let's make sure I've got them down so that we're good to go. CHAIRMAN HALAS: Okay. MR. MUDD: Commissioner Fiala on page 4 and 5 basically said, let's include all the parks to know what the fees are at every park, and staff will work on that particular -- those two particular items. Staff to take a look on page 6 down there at athletics about adult and youth fees to see if there is a way to take a look at the adult participation, and maybe they can subsidize some of the youth fees and take a look at that and come back and talk to the board about what staff found on that particular item. Based on the last speaker, if that's what the board desires as far as Little League play, take a look at those particular fees and find out if there's a way to either stabilize those or reduce those. We come over to Commissioner Henning and Commissioner Coyle's item on page 9. It has to do with the Sun-N-Fun Lagoon and the entire facility rental issue. And Commissioner Henning said one thing, he couldn't support it, and Commissioner Coyle said, I can Page 151 October 10, 2006 support it as long as it doesn't interfere with the normal hours of operation of the facility, but it would be after the hours of operation that the normal facility would be over, and then the organization that wanted to rent the park would have to pay the overtime for the lifeguards and things like that, and all fees. That's what I heard, but I want to make sure that we're square on that one. COMMISSIONER HENNING: I mean, they do -- that's what's being proposed now -- MR. MUDD: Yes, sir. COMMISSIONER HENNING: -- is when the park is closed, the Ritz can come in and rent it. And I'm just saying if it's good enough for the Ritz, why isn't it good enough for our residents as far as being open? CHAIRMAN HALAS: They can if they want to rent it. COMMISSIONER HENNING: Well, no. I'm just saying, if you're closing it because of, whatever reason, but people want to use it, it seems to me like our general public would want to use it too for those same hours. CHAIRMAN HALAS: But they're renting -- they're going to rent this at a very high rate. COMMISSIONER HENNING: No kidding. MR. WILLIAMS: They might rent it from seven o'clock at night to nine o'clock, for example, and they have a pool party for the church group. You know, that's -- again, that's the scenario that we are most acquainted with at this point. COMMISSIONER HENNING: Okay. But you're closing in the wintertime, and they could go during the day and utilize it at that time. MR. WILLIAMS: Well, we'd have to enter an agreement to do that. And the question would come, if we're closed for whatever purpose, would we rent it -- would we make a rental available? COMMISSIONER HENNING: It's not a -- it's a seasonal pool, or it's a seasonal facility. Page 152 October 10, 2006 MR. WILLIAMS: Perhaps. We're looking at the possibility of weekends throughout, you know, the season. Initially it's proposed as closing November 1st. MR. MUDD: Commissioner, let's make sure we understand about that pool, okay. In the summertime, I mean, we brought lifeguards in from Third World nations, okay, that passed the American Red Cross Life Saving Test, okay, in order to be lifeguards in this pool this summer because we didn't have enough lifeguards within the confines of Southwest Florida. It's very difficult during the weekdays -- I mean, we've even asked mothers with kids in school if they'd like to come be lifeguards. I mean, we've tried that particular thing in order to entice that we can have a full crew of lifeguards during the day. Very difficult during the week when school's in because the kids that are 16, 17, 18 years old are also in school. Weekends are a different story . We're able to get those lifeguards, those kids who will work part time and open the park. So it's become a lifeguard issue once the school starts for us. I've asked staff, again, to take a look and see -- and based on what we've drawn so far in the month of September when school started, what our attendance records were during the daytime, it doesn't seem to be a cost-effective manner for 45 to 50 people on a Monday, Tuesday, Wednesday, Thursday or Friday to use that particular facility all day long. That's all it is -- versus a Saturday and Sunday where you're getting anywhere from 900 to 1,000 people that are coming on in each day. And so we wouldn't have lifeguards scheduled during the week. They wouldn't be there. There's none to be had. COMMISSIONER HENNING: Okay. All right. MR. MUDD: I mean, we've had a shortage one time, and I remember Barry had put on a swimming suit and go do his thing. And I said, that's not a good -- that's not a good use of my director, okay, to Page 153 October 10, 2006 be a lifeguard. We've got to find a better way to do this thing. And that was a short -- MS. RAMSEY: One day. MR. MUDD: That was a one-day gap kind of thing. I took great deference to it, but I understand when you have an emergency, you've to deal with it. But we've got to find a better way with the lifeguards and everything. COMMISSIONER HENNING: You've still got to provide lifeguards if somebody's renting it, don't you? MR. MUDD: Yes, sir, and that -- and that would be on a day that it was -- it would be open but it would close at a certain hour you know, at the regular time during the wintertime would be five o'clock, for instance. In the summertime we close at what? MS. RAMSEY: Seven. MR. MUDD: Seven o'clock. It would -- the facility would be closed, somebody would come forward two or three weeks prior to that date. Mr. Williams or his staff would talk to the lifeguards on duty that day, find out if they'd be willing to do overtime into those two hours or three hours that they would rent the facility. And if they said, yes, they would, then they could open and rent the facility for that -- for that off -- or closed time in order to do it. CHAIRMAN HALAS: And the fees that would be charged for those groups pay for the operation and the -- all the back -- MR. MUDD: Yes, sir. MS. RAMSEY: That's correct. COMMISSIONER HENNING: Well, if it's not being utilize by the general public, I can understand that better. MR. MUDD: What we didn't want to do was ever rent the facilities when it should be open to the general public. That would be -- that would be flat not right. CHAIRMAN HALAS: Yes, that's right. COMMISSIONER HENNING: Okay. Page 154 October 10, 2006 CHAIRMAN HALAS: Okay. MR. MUDD: Sir, so we're going to come back with that particular item and we'll discuss it some more? COMMISSIONER HENNING: Commissioner Coletta wants female nudity or something like that. MR. MUDD: Sir, then we go into -- then we go into the fines. Commissioner Halas mentioned that he'd like to have littering, the fine be increased. Gopher tortoise infractions, Commissioner Henning talked about that particular item and exactly where it was, at least the authority granted from, and that was 3. -- MR. WILLIAMS: 04.04. MR. MUDD: 04.04., in our Land Development Code, and that's up to, depending on the infraction. Gopher tortoise is in Lely Barefoot Park. We have gopher tortoises interacting with cars and folks all the time walking around. And there's signs that say, when you -- you know, when you're backing up, make sure the gopher tortoise isn't taking shade underneath your vehicle and that kind of thing. COMMISSIONER HENNING: Yeah, but that ordinance -- or that provision in the Land Development Code is countywide. MR. MUDD: Yes, sir. COMMISSIONER HENNING: It's not just in our parks. MR. MUDD: Yes, sir. Commissioner -- Commissioner Henning and some other people -- Commissioner Coy Ie talked about nudity and! or indecent exposure in some cases to increase the fine and to add that other category, indecent exposure. Commissioners Halas talked about defacing and defiguring county property, talked about increasing the fine and! or issuing a fine and getting the perpetrator to pay for the damage that was done. And then the other issue Commissioner Halas brought up was removal of live and natural objects from the beach, and he was talking about an increased fine on that part. Barry, did I miss anything? Page 155 October 10, 2006 MR. WILLIAMS: No. MR. MUDD: Commissioners, did I miss anything? COMMISSIONER FIALA: I wanted to add one more. How much do we charge these little senior card groups when they want to play cards at one of the parks or something? MR. WILLIAMS: Ten dollars an hour. I would want to mention, we have a program East Naples Community Center, a senior program. There is a nonprofit that provides nutritious meals to seniors, and so there are a variety of other activities to engage in. The nonprofit pays the fee for those folks to be there. But for the bridge players, we're looking -- we're saying -- it's a program of ours. It's whatever the program -- the appropriate program fee is. If it's their own group doing their thing, it would be the rates, depending on the size of the room. But we would look at them as a nonprofit, is my point. They wouldn't -- they would be in that category . COMMISSIONER FIALA: Okay. CHAIRMAN HALAS: No further discussion, we'll take a 10-minute break for our court reporter, and we'll be back. And I'm sorry that we overran this particular item, because we had a time certain at two o'clock. But we'll be right back for a time certain two o'clock. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, you have a hot mike. CHAIRMAN HALAS: Thank you very much, County Manager Jim Mudd. I believe at this time we have a time certain -- MR. MUDD: Yes, sir. CHAIRMAN HALAS: -- and it's 10C, so let's take over from Page 156 October 10, 2006 there. Item #lOC RECOMMENDATION TO APPROVE AND EXECUTE AN AGREEMENT FOR SALE AND PURCHASE WITH MORANDE ENTERPRISES, INC. FOR THE PURCHASE OF 10.04 IMPROVED ACRES ON RADIO ROAD AND DAVIS BOULEVARD FOR COLLIER AREA TRANSIT AND PARA TRANSIT OPERATIONS WITH FLEET MAINTENANCE AT A COST NOT TO EXCEED $8.570.000.- APPROVED W/CHANGES MR. MUDD: 10C, it's a recommendation to approve and execute an agreement for sale and purchase with Morande Enterprises, Inc., for the purchase of 10.04 improved acres on Radio Road and Davis Boulevard for Collier Area Transit and paratransit operations with fleet maintenance at a cost not to exceed $8,575,000. And Mr. Norman Feder, your Administrator for Transportation Services, will present. MR. FEDER: Commissioners, what I want to point out to you, I've got up on the teleprompter here, is a look at the site, the old Morande site, the automobile dealership that basically is at essentially the intersection of Radio Road and Davis Boulevard. What I want to tell you is, I'm going to go through some details as to why we're looking at this site, why we feel it's uniquely suited for our purposes, but also to note to you that beyond your standard conditions that you have in place and issues in any closing, we've got some other issues that need to be addressed and want to make sure the board's aware of them. We worked along with real property, with legal, as well as CDES. We feel the issues that we have are items that we can work with, but I want them to get the opportunity to address those issues Page 157 October 10, 2006 further with you and make sure that we answer any and all questions you might have. So as I said, I'm going to start off with basically why we're looking at this site. What you have is about a 10-acre site, just slightly over that. Only a portion of it's built on today, along with retention, which is off of Radio Road, which you'll see here on the facilities. To the back, about four acres by Davis -- and there is access to both Davis and to Radio Road -- is not developed, and, therefore, is an opportunity for future expansion. What we have with the facilities that are there today is administrative offices, which can meet some of our needs that we're looking for what I will call a depot operations, which is essentially to house the folks managing our transit system, dispatch, collection, and fiscal accounting functions, and they even have safes within the property that will address a lot of those needs. Additionally, they have on the site areas for maintenance, which is another item that we do at the depot, and we are doing currently all these functions today down at County Barn. They have a paint area, they have a number of facilities that can be utilized, some that will need to be modified for the operations are both as a depot, the CAT or the transit system as well as the transportation disadvantage. Currently you have about 20 vehicles in each fleet. You have about 20 buses, including the reserve buses in the CAT fleet, as well as 20, almost 20, in the TD fleet as well, including the reserves. So you've got about 40 vehicles here. And when I say depot, what we'd be looking at initially on the site is the ability, as I said, for the administrative functions to be there, for repair services with fleet to come in and be able to work on the vehicles, would be for dispatch, the drivers coming in in the morning, picking up the vehicles that would be parked, the buses that would be parked on the facility, and then go out on the routes and come back in the evening at the end of the routes. Page 158 4__~,..." ,.."_'____.___~ October 10, 2006 What I am not talking about at this time -- and we'll go through some of the reasons why -- is the transfer facilities, which are currently at the Lively V 0- Tech. That is something we'd look at trying to come back with with some changes in the future and have that also on this site, which would be allowed here, as far as its physical layout and structure, very well suit the needs and expansion into the future. I will note that when you look at this picture here, it gives you a clear indication that we are, as I said, off of Davis Boulevard and Radio. You've got basically an activity center that is moving its way down Davis Boulevard. There's not a lot of neighbors here, but you do have Ibis Club right next door. I am told -- and I have gotten some confirmation of that -- that this is an interval ownership, a rental, if you will, short- and longer-term rental at this property. But in either case, whatever the issue be, it does have a hedge all the way down it. It also has trees. We probably would look to expand that barrier of vegetation barrier. And it also has parking on their side all the way down the side of it, which I think you can see even a little better in this graphic. So we understand that we do have that neighbor essentially to the west, and as the previous graphic showed you, it's vacant in the triangle that's made by Radio and Davis and across the way. There's a little bit of development across Radio Road as well. Generally though, as I said, we're seeing the activity center move its way down from Davis throughout this area. We are currently, as I said, in the depot operations that we'd be initially looking to move there, again, the administrative offices, the parking of the vehicles, the maintenance of the vehicles, the dispatch activities. Those are all housed currently in County Barn. County Barn is being renovated. We're bringing the sheriffs functions down there. We have tried to buy land around that. Were unsuccessful. So about in the next 12 months, they need CAT to Page 159 October 10, 2006 move out to allow them to do the work that's required for the renovations down at County Barn. This site is unique in that we'd be able to move operations here with the facilities with some minor modifications, be able to move in, handle operations initially, as we could then refine and expand over time. So it does give us that unique situation. I will tell you -- and I'll let Chuck Carrington from real property give you a better idea as he talks about the negotiations and how we have looked at other sites -- but essentially we've been looking for almost three years now for a home for CAT and for TD. And as I said, this site, while it has a number of issues we'd have to address, is uniquely suited to those operations. I'm going to ask Susan Murray to go over with you some of the issues relative to the zoning and items that we'd have to address there, and ask Chuck Carrington to give you an idea of the negotiations and what we've looked at in securing the site, and then last we open it to anyone in legal, but particularly Ellen Chadwell or Jeff Klatzkow if they have anything further to address, and we're available for any questions you might have. Susan? MS. ISTENES: Susan Murray Istenes. I'm the Zoning Director, but I guess you probably knew that already. Sorry, I don't like that thing. I guess I'm just going to at this point open it for any questions you might have on any of the uses, and I can provide a brief background of our analysis, if you wanted me to start that way. Generally, back in July of last year, we were asked by the transportation department to take a look at the PUD for some possible CA T operations, and at that point we really weren't sure what that would entail. I've got some information back from the transportation department, kind of went back and forth as to the details of what their operations entail, the impact -- kind of assess the impacts, looked at the property. It's currently zoned PUD. It was rezoned back in 1988. Page 160 October 10, 2006 It has been zoned for approximately -- or '86, I'm sorry. February 4th, 1986. So it's approximately 20 years old. It was rezoned at that time for a new car dealer. And there was also some language within the PUD that said, any other use which is compatible in nature with the foregoing uses and which the zoning director determines to be compatible, and the list of permitted principal uses are new automobile sales, administrative offices, and support facilities, that which I just read to you about the compatible in nature, and then it had permitted accessory uses and structures, including those that are incidental and customarily associated with uses permitted, including automobile service and used car sales and storage, automobile storage. At that time we took a look at the PUD, not through a very, what I would call, our typical formal process. And we also looked at the Growth Management Plan impacts and suggested that, given the language in the PUD, any other use which is compatible in nature, there was, in all likelihood, the ability for us to establish a relationship between what was approved in the PUD versus what the transportation department was telling us they wanted to use the property for. That being said -- and we also looked at the Growth Management Plan impacts, and David Weeks provided a brief synopsis. That property actually survived the zoning reevaluation process. And I'll summarize that very briefly by saying the Growth Management Plan prohibits an intensification of that site; however, the site could be used for what it's approved for now or a use of a lesser intensity. So that was just, I would say, the general statement given with respect to Growth Management Plan compatibility. . A couple weeks ago, Cheryl Soter of my staff was doing some due diligence on the property for a potential EDC client and discovered that there was a provision requested by the board at the time of rezoning -- again, this was 20 years ago -- that asked for an interim control, that being a -- I always want to call them deed Page 161 October 10, 2006 restnctIons. And I stumble over that all the time because there's a different word for that. But similar to a deed restriction -- MR. MUDD: Restrictive covenant. MS. ISTENES: Restrictive covenant. Thank you. I'm going to tattoo that on my head -- a restrictive covenant that was asked to be adopted by the board at the -- or recorded by the board at that time, after the property was rezoned but prior to its development. That's what I understand from the records. And that restrictive covenant was to be lifted after the property had been developed for the new car sal es. I'm not sure if that has been done or not. Our records show it hasn't, but that's really a legal matter that I think it's just a matter of lifting the restrictive covenant. I don't think that that's something that really has to do with zoning issue. However, I will tell you -- in my mind that raised a small red flag that basically said that the board's intent at that time was to allow only for the use of new and used car sales; however, what's a little bit bothersome again for me is the fact that the PUD has some very broad language in there that allows uses that are like I just read to you. The uses that the zoning director determines are compatible in nature and which the zoning director determines to be compatible. So my point in all this is just really to bring that to your attention. I don't want you to not know the information, I guess. I'm comfortable with applying the language in the PUD based on the uses I understand for the bus depot that the transportation department wants to use at this time. They -- the bus depot uses are a subset of a larger set of uses that they wish to use. And as Norm alluded to, that likely will require some other type of action, be it a conditional use or rezoning. I can't opine on that at this time as to whether or not that would be compatible with the Growth Management Plan. That would all be dependent on the application, what the proposed uses are and what Page 162 October 10,2006 staffs analysis revealed at that time. But I did want to make it clear, I do have a comfort level with the language that's in the PUD even though we did just recently discover the board's request to put that restrictive covenant on there and their desire in the minutes of the hearing that it be used for a car dealership. I think that's all I wanted to put on the record at this point. If you have any questions about land use, I'd be happy to answer them. CHAIRMAN HALAS: Have you discussed any of this with the county attorney? MS. ISTENES: Yes. CHAIRMAN HALAS: Okay. And what's the county attorney's take on this as far as the restricted (sic) covenant? MR. KLATZKOW: David, I'll take this. MR. WEIGEL: Go ahead, Jeff. MR. KLA TZKOW : We discussed it. This isn't as clear as a bell, and it's not as clear as we'd like, but, however, I agree with Susan on this, that given the uses that Norm has told the board what they wish to do, we do believe that it is compatible. CHAIRMAN HALAS: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yes, I have three questions. Is this a doable deal considering the bankruptcy that's pending? MS. CHADWELL: Good afternoon. Ellen Chadwell, Assistant County Attorney . Yeah, the bankruptcy preceding just creates a couple of extra hurdles we have to go through to clear the title, but, yes, it can be easily conveyed through that process. We've been in touch with the bankruptcy attorney on behalf of Mr. Morande and Morande Enterprises, and she's given me personal assurances about getting an order approving the agreement should the board approve it today. So I'm very comfortable that, yeah, we can go forward. COMMISSIONER COLETTA: Okay. And the next question is, recognizing the fact that this commission has said that roads are of Page 163 October 10, 2006 primary importance in Collier County and the building of them is necessary, the funding impact, the funds from the gas tax reserve, will this in any way take away from our ability to build the future roads that we have planned? MR. FEDER: The funding is coming out of gas tax, which is part of what we use, obviously, to build roads as well. What you're dealing with here is an alternative transportation mode that's already over a million passengers per year and is working its way beyond just a captive rider to the select rider or the choice rider, and hopefully is in a position to help us reduce or to address some of that capacity need with another mode of operation. So it is a balancing of that acts, sir. Yes, it's going to use gas taxes, but it's also an item that's going to help us try to move traffic capacity on an alternate mode rather than just the highway automobile. MR. MUDD: To answer the question just a -- I need to give you some more information because I don't believe you got the full piece. And I'm not saying Norman was trying to hide anything. Norman, in your budget right now, you have about $6.3 million set aside for a CAT facility; is that correct? MR. FEDER: That is correct. MR. MUDD: Okay. So-- MR. FEDER: There's about 2.8, I believe, that I'm pulling out of reserves that I understood, and my answer was relative to that 2.8. The other funds were already set aside for a CAT facility, which, as I pointed out to you, we've been looking for for quite some time. COMMISSIONER COLETTA: Now, the last question is, would we be able to use any of the impact fees that are designated for government buildings? MR. FEDER: That's a possibility. I'll let others opine specifically on it as we go into renovations in the future, but we have very little renovations to be able to initially move in and operate. That would then become a question as we moved further down the road on Page 164 October 10, 2006 the facility, and I do plan on asking that question. I don't have an answer unless somebody else does. We haven't necessarily gone to that point. But we can move in and operate with very limited renovations today. That's one of the advantages of this site, especially as we try to get these same operations, the depot operations, if you will, out of County Barn, which is where they're housed. COMMISSIONER COLETTA: Well, wouldn't this still qualify being the fact that it would be coming into Collier County inventory? I mean, we're not building it from scratch. It's an existing building that's going to be used for a government purpose. MR. FEDER: And that's something I'm sure we'll explore, but I haven't. I don't know if anyone else is in a position to answer that further. CHAIRMAN HALAS: County Attorney? MR. WEIGEL: Yeah, thank you, Mr. Chairman. There is a potential for a use of the government building impact fee. But I'll say only potential because that impact fee, just as any others, was based upon expansion of infrastructure created by growth, so we'd have to do that analysis to see if there is that relationship there, as opposed to merely providing a facility. I'd tend to think, off the top of my head here, that it would be less rather than more of the funding. We have a facility we're transposing to a new -- to a new location with a facility that will have some modifications and things due to it. So there may be a potential, but it may be limited. COMMISSIONER COLETTA: We are exploring it? MR. WEIGEL: We certainly will. MR. MUDD: Sir, but it's going to be incremental. It's going to be -- it's going to be the delta. You've got to basically go from what they have presently to what they have -- and the additional piece would be what was eligible. Page 165 October 10, 2006 COMMISSIONER COLETTA: I understand, Mr. Mudd. The only thing was, I didn't see it mentioned, and that's why I wanted to bring it up. CHAIRMAN HALAS: Okay. Commissioner Henning? COMMISSIONER HENNING: Well, this is a huge facility. It's a 10-acre facility. And if you take a look to, it would be the south, there's a lot -- and I don't know what the PUD says, because obviously there's no native vegetation that is on the site. So, you know, it could be that it could be a multiple-use site used by other government agencIes. I see it as a bunch of potential. I don't see why we can't bond it if we need to and pay it over a period of time. The only the question is for Susan Istenes. MS. ISTENES: Istenes. COMMISSIONER HENNING: Istenes. I'll get there. Thank you. MS. ISTENES: That's all right. COMMISSIONER HENNING: Wouldn't you take a look at this as use -- essential services? MS. ISTENES: That was -- yes. And I think you have that information in your executive summary, and thank you for bringing that up. In working with the County Attorney's Office, that was contemplated as a possibility. It was my understanding that Norman was -- had planning -- was planning to come to you with a whole myriad of uses, and I actually helped rewrite that executive summary, so that's why you see some description in there. But in short, that is a strong possibility that all the uses that I'm aware of that he's proposing could possibly be classified under essential services, which would require conditional use approval, public hearing process notification. COMMISSIONER HENNING: Well, I hope that we move Page 166 October 10, 2006 forward with this. I think it's going to be a good purchase for not only the needs today but in the future. Just the square footage that I know -- been in that building several times -- that it could be used -- utilized for more than just the CAT system. With that, I'm going to make a motion to approve. CHAIRMAN HALAS: I'll second it. MS. CHADWELL: Could I add a comment to the board, please? COMMISSIONER HENNING: Sure. MS. CHADWELL: In light of the fact that currently that property cannot be used by the county until a determination is made that the proposed uses are compatible with the PUD -- and in order to do that, I think we need an official letter, zoning letter, zoning verification letter, or an official interpretation of the plan. So I have proposed some language, and I believe Mr. Morande is amenable to adding this to the contract. It basically states that we have until December 15th, which is roughly, you know, 60 days to have that determination made, if we -- at that point in time if the answer is no, then you can terminate the contract without penalty, which I think is important, because if you can't use the property in that scenario, then you're stuck with conditional use approval, and that may be several months out, and it's uncertain. So I would like to suggest that I'd like to, I guess, modify the recommendation or your motion to include that language, if I could, and I can read it into the record, if I may, if that's acceptable. It would be adding to section 4.017, closing is contingent upon purchaser obtaining a zoning verification letter or official interpretation from the director of zoning determining the intended use -- uses of a -- as CAT and para-transit administrative offices, vehicular -- I'm sorry -- vehicle maintenance and servicing, para-transit storage and parking and vehicle dispatch. Purchaser shall have until December 15, 2006, to obtain approval or to otherwise terminate this agreement without penalty. Page 167 October 10, 2006 If purchaser fails to terminate this agreement by December 15, 2006, purchaser shall be deemed to have waived its rights under this provision and closing will occur no later than December 29, 2006. That's the original closing date set forth in the agreement. And there is one other modification to section 6.013, and that is to add this -- the following sentence: To the extent the time periods for exercise of termination rights set forth in 4.017 conflict with this provision, section 4.017 shall govern. CHAIRMAN HALAS: I have one question. Is there anything written in this agreement that if we have an environmental study done on the property, that that's -- the sale of that property hinges on that environmental -- MS. CHADWELL: Yeah, we have a -- yes, sir. We have a 60-day inspection period, but that will run on December 10th. So we have those 60 days to determine if there's anything unsuitable or unsatisfactory with the property, and at that time we can terminate. CHAIRMAN HALAS: Okay. MR. FEDER: Commissioner, the phase II study is already underway in anticipation of these discussions, so that is underway. That's important. You also are contingent on our inspection of the buildings and the related improvements to the property and their acceptance by us. CHAIRMAN HALAS: And all of the lifts, right, hydraulics hoists in there? MR. FEDER: You've got some that can be utilized, some that would have to be replaced out. So it's a little bit of that. The height is good in there, but the nature of what we'd be lifting is a little different than an automobile. There's other things we have in there, but the major contingencies you'd have in a normal purchase are in there. What we've been trying to address is a few things we've found that go above and beyond the normal. Page 168 October 10, 2006 But, of course, as you pointed out, the environmental inspection review is underway, and the purchase is contingent on that result. CHAIRMAN HALAS: So the only thing that you see that we need to address probably later on is the capacity of the hydraulic hoists then; is that correct? MR. FEDER: Yeah, you're going to need larger lifts. I can defer. I don't know if fleet's here at all, but I know they've told us they need larger lifts for the nature of the vehicles we have. And so there will be some retrofit of the buildings, as I pointed out, but they are pretty uniquely suited for our operations. CHAIRMAN HALAS: Good. That was my next question, and you answered it. Thank you. Any other questions from commissioners? COMMISSIONER HENNING: Yeah. I'm adding into my motion what Ms. Chadwell enter into the record. MR. FEDER: And if I could, what I will point out to you in the recommendation of the executive summary itself, you have eight items, of which the first seven we're asking you to consider in your action, along with Ms. Chadwell's item, which will become the new number eight in that motion, hopefully, that you consider. The essence of what we have there, obviously, is to authorize that we move forward to do due diligence on the purchase and that the restrictive covenant be released. And as you see on the other items, the necessary issues for us to move forward. Number eight has been removed from that list of recommendations, but we have a new number eight now with what Ms. Chadwell has written into record. CHAIRMAN HALAS: The information that Commissioner Henning added to the motion, that is in my second also. COMMISSIONER HENNING: That was a better part of the contract. What your recommendations are, one through eight, to amend number eight, as the county manager stated -- and if this is true -- let's see. This is item c. Page 169 October 10, 2006 MR. MUDD: It's the lead under the recommendation. I read it into the change sheet. It's item 10C. Delete number eight under recommendation in the executive summary which states, waive the incurring of fines in connection with pending code enforcement action CEB number 2004-002, if and when the county acquires title to the property, per staff -- per staff. Steps have not been taken to do an imposition of fine. Code Enforcement Board would be the board to consider waiving the fine. Also the dollar amount shown on the agenda index is incorrect and should read $8,575,000. COMMISSIONER HENNING: Right, and that's part of my motion. But let me just clarify, we're going to make sure that all liens on the property are -- that's encumbered -- or it's going to be taken care of before -- MR. FEDER: Yes, we have to. And I know Chuck Carrington's working on that. COMMISSIONER HENNING: Okay. So it's one through eight -- seven with the correction. You don't want to add that eighth with the Code Enforcement Board? MR. MUDD: (Shakes head.) COMMISSIONER HENNING: No. Okay. One through seven it is. CHAIRMAN HALAS: Okay, and my second. Is there any further discussion? (No response.) CHAIRMAN HALAS: Hearing none, I'll call the question. First of all, the motion was made by Commissioner Henning and seconded by Commissioner Halas. No further discussion, I'll call the question. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. Page 170 October 10, 2006 CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign? (No response.) CHAIRMAN HALAS: Motion carries. Thank you very much. Item #lOE RESOLUTION 2006-269: RECOMMENDATION TO APPROVE AN AMENDMENT TO THE LOCAL HOUSING ASSISTANCE PLAN (LHAP) FOR FISCAL YEARS 2004-2005, 2005-2006 AND 2006-2007, INCLUDING NEW AND UPDATED STRATEGIES, AN INCREASE IN THE MAXIMUM ALLOWABLE HOME SALES PRICE, AND OTHER CHANGES AS REQUIRED BY NEW STATE LAW AND APPROVE ALL NECESSARY BUDGET AMENDMENTS - ADOPTED MR. MUDD: Commissioner, that brings us to our next item, which is 10E, and that is a three p.m. time certain. It's a recommendation to approve an amendment to the Local Housing Assistance Plan, LHAP, for fiscal years 2004 to 2005, 2005 to 2006 and from 2006 to 2007, including new and updated strategies and increase in the maximum allowable home sales price and other changes as required by the new state law and approved -- and approve all necessary budget amendments. Mr. Cormac Giblin, your Housing and Grants Manager from Community Development, will present. MR. GIBLIN: Good afternoon, Commissioners. For the record, my name's Cormac Giblin, Housing and Grants Manager. What we have in front of you today is an amendment, a mid-cycle amendment to your Local Housing Assistance Plan. The Page 171 October 10, 2006 Local Housing Assistance Plan is a three-year plan that's required by the State of Florida which basically governs the use of your SHIP funds and details some of the affordable housing incentives that are offered in Collier County. The purpose of this mid-cycle amendment is to do several things, but the -- what really brought it to the forefront was Representative Davis's affordable housing bill that was passed by the state legislature and signed by the governor earlier this year, House Bill 1363. It requires that the county adopt certain definitions and make certain allotments, so that is what brought us to open up the LHAP. And in that process, we have a few other tweaks and updates that are going to be amended as well. But really, like I said, one of the main things that we're doing here in this amendment is to define essential services personnel, or ESP or ESP housing, as the Davis bill created. The Davis bill created a new set -- a new pot of money in Tallahassee for counties and groups to go after for funding for affordable housing that would be targeted to high-growth, high-cost areas. Collier County fits the bill in both of those -- both of those requirements. The bill -- the bill requires that each county develop its own local definition of what ESP housing is. The bill requires also that it be teachers, educators, school district employees, university and college employees, police/fire personnel, healthcare personnel, skill building trades personnel, and then the bill also gives flexibility for each county to add or to -- to add to that definition. In Collier County we're recommending we add also government personnel, and then all other full-time employees that are at 80 percent or less of median income. The purpose of this definition is for use of the CWHIP funding, the $50 million a year that the affordable housing bill set aside for uses for people to apply to provide housing to individuals that would Page 1 72 October 10, 2006 be covered in this definition. The $50 million is set to be divided up into $5 million increments with no more than one proj ect being funded in each county this first year. Also in this bill we went through and created some new -- or clarified some new definitions of very low income, low income, moderate income, and extremely low income. The extremely low income is a new definition that the bill requires us to put into our plan. And the very low, low, and moderate incomes are simply the same definitions that we have elsewhere in Collier County documents, specifically the Collier County Land Development Code. We also define program income and recaptured funds. As you may be aware, our SHIP program operates mostly on a loan -- loan basis. We do not give any grants with the SHIP money. At some point those funds do come back to the county to be recycled and put back on the street to help the next person in line. The state has some different rules regarding what we can call program income and what we can call recaptured funds, and basically the short story is, if it is program income, we can -- we can take additional administration dollars from those repayments in order to pay our staff to put it back on the street a second time. Another change that we're proposing in this LHAP amendment is to update the maximum purchase price for units in the SHIP program. Right now we have a maximum purchase price of $254,250. The state says that we could have a maximum purchase price of $414,861, which is 90 percent of our average area purchase price. We're proposing that we implement a new limit of $300,000 per home, which would be 65 percent of our average purchase price. And all buys still must be income qualified to be low or very low income. It's just that with new mortgage products out there, 40-year mortgages, interest only products, innovative financing techniques, individuals are Page 173 October 10, 2006 able to purchase more house and still be in the low income category. Another requirement of the bill is that we develop a strategy to address persons who are displaced of affordable housing due to the closure of a mobile home park or the conversion of an affordable apartment complex to condos. What we've proposed doing is creating a new program that would provide up to $3,000 per household to assist them in that relocation if they are displaced. That money will go towards paying their new rent or security deposits of a different apartment complex. The bill also requires us to produce a publicly owned lands inventory once every three years to be adopted by the resolution. What that means is we need to assess every piece of property owned by Collier County and determine its appropriateness for use as affordable housing. We'll present that to you in resolution format once every three years and then institute a plan to make those properties that are deemed appropriate, to make those available to individuals who would like to turn them into affordable housing. And that is the presentation. I'd be happy to answer any additional questions you may have. CHAIRMAN HALAS: In that essential services personnel, maybe we can expand that item where it talks about skills that the building industry needs. I think it ought to be carried into difficult skills needed to provide services for health, safety and welfare within the county. And I think that is a broader spectrum of this -- when you've got real critical skills that are trying to get in there, I think that's something we ought to address. Who was first here? COMMISSIONER FIALA: I think he was. COMMISSIONER HENNING: Ladies first always. COMMISSIONER FIALA: Oh, okay. CHAIRMAN HALAS: Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you. Page 174 October 10,2006 With our percent, our new percent, 65 percent income levels for the ESP, when they give the estimate of how much the house should cost, does that cover taxes and very high insurance in that 65 percent? I mean, our very high insurance rates now. MR. GIBLIN: The 65 percent is what a $300,000 home is in comparison to the average purchase price of a house in Collier County. COMMISSIONER FIALA: Okay. When I ask that -- I'm just concerned about what it includes. So Mr. Builder can build $300,000 homes and he gets a density bonus for doing so, but does that $300,000 price tag include taxes and insurance? It doesn't seem to me that it does when they say starting at. MR. GIBLIN : Well, these are two separate programs. The $300,000 maximum price limit would be for a home to be eligible to participate in a SHIP funded activity like our down payment assistance program, our rehab -- our home repair program. To participate, those homes cannot have a value or a purchase price more than $300,000. N ow when you talk on the other side about the density bonus program, that's more income driven where the home could be more than 300-, could be less than 300-, as long as the low income person could afford it, including taxes, insurance, neighborhood assessments, those types of things. CHAIRMAN HALAS: Okay. Commissioner Henning? COMMISSIONER HENNING: Cormac, your presentation said, this bill requires. So it's take all or nothing? MR. GIBLIN: Many of the items that I ran through are required in the bill, yes. COMMISSIONER HENNING: Okay. So whatever you said the bill requires -- MR. GIBLIN: Yes. COMMISSIONER HENNING: -- that's what we have to do? Page 175 October 10,2006 MR. GIBLIN: The bill requires that we address every issue that I -- where I said the bill requires. How we address it is up to the board and up to the county. COMMISSIONER HENNING: All right. Well, let me tell you my concern on page 14 of the -- I don't know whether it's an ordinance, or whatever the name of it is, or the program. Let's just say it's a program. MR. GIBLIN: Yes, sir. COMMISSIONER HENNING: To where if a -- if we lose affordable housing rentals that go to condos and that, that we give, you know, the maximum of $3,000 per family. You know, in the public's eye, I don't think that's going to look very good is -- a developer comes by and says, you know, we're going to change these and throw everybody out, and the government is there, is going to give you $3,000 to relocate, or a mobile home park is leveled for condos or something like that through a zoning action. I don't think that's going to set very well. MR. GIBLIN: Yeah. This is one of the issues that the new state law does require that we address the issue. It doesn't say what you -- what we would need to do. This would be our proposal, or one action that the county could take is to develop a new program as described here that would make grants available to those that are displaced of $3,000. COMMISSIONER HENNING: How about if we -- MR. MUDD: Or Commissioner, you could -- you could, in this particular item, you could say, all we're going to do if you're displaced, is provide you a list of referral properties where your rent would be the same that are available in Collier County. That would address the requirement in that house bill, but that would be the minimum that the county would have to do. COMMISSIONER HENNING: Well, how about if we make the landowner -- can we make the landowner responsible? Page 176 October 10, 2006 CHAIRMAN HALAS: Yes, we can, I think in the PUD, couldn't we -- COMMISSIONER HENNING: Well-- CHAIRMAN HALAS: -- when they come back for rezone, that they have a commitment? COMMISSIONER HENNING: Well, the-- MR. GIBLIN: In the case of -- specifically of a condo converSIon -- COMMISSIONER HENNING: Conversion to condos. MR. GIBLIN: -- there is no PUD or zoning change that you would require your action on. So in a case like that, the landowner -- COMMISSIONER HENNING: And I don't want to encourage that to happen by adopting this. But I know there needs to be some kind of assistance. But Commissioner Halas is absolutely right, if it's a zoning action, we can require them to relocate the folks. CHAIRMAN HALAS: Like a trailer park or something of this nature. I think when that comes before the Board of County Commissioners, I think that's something we've got to look at, and it shouldn't be the responsibility of local government to address that issue where you displace those people. I think it should be left in the hands of the developer who wants to buy that property, because obviously he's boughten (sic) that property at a substantial amount of money, and he's got ideas of redeveloping it. So I think, along with the assistance of $3,000, then there's some obligations that I think that the developer has to step up to. MR. GIBLIN: Commissioner, we could add to this paragraph, that in those cases where additional county approvals may be necessary to either close the mobile home park or to convert them to condominiums, that we would work with the developer or require the developer to chip into the program. COMMISSIONER HENNING: Correct. Kind of like a cost Page 1 77 October 10, 2006 share. If we can do that, just to add into it. But I also agree with the chairman that we need to really expand that essential services to health, safety, and welfare issues of personnel. CHAIRMAN HALAS: Commissioner Coletta? COMMISSIONER COLETTA: Yes. I really appreciate what Mike Davis did here. He brought it up off dead center and helped to move everything forward, not only here, but throughout the whole state. I'd like to address the issue we're talking about, the essential service personnel. A skilled building trade personnel, trade personnel, I take it those are the people that build homes? MR. GIBLIN: That's how we would interpret that, yes. People involved in -- COMMISSIONER COLETTA: Okay. And that's not an option. That's part of the package that has to be in there. MR. GIBLIN: Correct. COMMISSIONER COLETTA: But we can add additional, right? MR. GIBLIN: Correct. COMMISSIONER COLETTA: Okay. I'll tell you what I think's missing from here that's an absolute essential, if we're going to be taking care of the needs of people that are out there, we have a wonderful network of nonprofits that provide some basics as far as food, clothing, and shelter and emergency needs. I think they should receive a top priority and be in this essential personnel category. Now, not all nonprofit agencies, by any means. But those that are directly connected with providing those essential services that allows society to keep going forward. MR. GIBLIN: Commissioners, I can put a little background into this definition. The definition that you have before you basically includes everyone who is less than 80 percent of median income, full time employed in Collier County. And then if you happen to be Page 178 October 10,2006 employed in one of those specific industries that are called out or those job classifications that are called out, it raises your allowable income to 140 percent of median income. COMMISSIONER COLETTA: I understand, but what I'm talking about is -- let's talk about the executive director for Friendship House or to the David C. Lawrence Center. Of course, that's a medical provider, so I imagine they come under the previous definition. But there's some other agencies out there that provide very essential services. Even Pace in Immokalee, who provides a service. Why should their employees, their executive people be eliminated from this because they may be at 100 percent? All of a sudden they find themselves at a disadvantage. They can't hire people to come in because they fall outside this particular footprint. That's my concern. MR. GIBLIN: Okay. CHAIRMAN HALAS: Commissioner Coyle? COMMISSIONER COYLE: Commissioner Coletta turned that light on. It wasn't me. COMMISSIONER HENNING: I was very concerned. He's been quiet for so long. I just wanted to make sure that he was all right. CHAIRMAN HALAS: Well, is he alive? COMMISSIONER COLETTA: Yes. CHAIRMAN HALAS: Okay, good. COMMISSIONER COYLE: I'm just sleepy. CHAIRMAN HALAS: Is there any other discussion? (No response.) CHAIRMAN HALAS: Do I hear any motion then as far as what we want to do with this direction here? COMMISSIONER HENNING: I'll make a motion that we approve expanding the essential service to workers of health, welfare and safety within the county. CHAIRMAN HALAS: Okay. Page 1 79 October 10, 2006 COMMISSIONER HENNING: And also the proviso on H, page 14; if it is a rezone action, the petitioner will share in the cost of relocation. CHAIRMAN HALAS: Okay. Do I have a second? COMMISSIONER FIALA: Second. CHAIRMAN HALAS: Okay. And I believe we have a public speaker. MS. FILSON: Yes, sir. We have one speaker, Brian Settle. CHAIRMAN HALAS: Okay. MR. SETTLE: Thank you, Commissioners. I appreciate you taking time on this very, very important topic. As stated, I'm Brian Settle, and I'm here on behalf of our Essential Service Personnel Housing Coalition. It's a loosely-knit group of employers at this point, and NCH Healthcare System is part of it, HMA Hospital, the Collier County public schools and the Collier County Sheriffs Department. And this team of employers has really joined forces under Mike Davis's legislation with CWHIP and will be going after some of the funds in Tallahassee. We will also be presenting you with additional information probably November and asking your endorsement of our application for CWHIP funds. We believe that the LHAP amendments will help with our housing dilemma. And it was evidenced that everyone has the same concern that we do, and that is, where can our workforce live in Collier County? We support the ESP definition as well as the LHAP amendment, and we certainly hope you'll adopt it. So thank you very much for your time. CHAIRMAN HALAS: Thank you. Yes, County Attorney? MR. WEIGEL: Thank you. I just wanted to add that in regard to the additional language of having a developer contribute toward the Page 180 October 10, 2006 housing situation in the case of a rezone, that I will steer you, as I do from time to time, back to the criteria that exist for rezone such as I've, you know, provided in the booklet that we have that has specific criteria for rezone or PUD amendments, variances, et cetera. And that specific requirement is not there under the criteria for a rezone, so I don't want you, with the best of intentions, to set yourselves up for a problem with some potential rezoning action that comes before you in the future. But I did want to let you know, and I provided some information to Ms. Fiala this past week, that we have -- I have done a survey with the Florida Association of County Attorneys to find out what kind of assistance do other counties at the county level have in place for people who are being displaced, such as for mobile home parks, as an example. And as it turns out, there are two counties that have something in place right now. One is Pinellas County, which has a rather, I'll call it, if not cumbersome, certainly it's a comprehensive ordinance that does have a requirement for participation of the county to assist with monetary assistance to people that are being displaced when there is a zoning change requested of the board. Perhaps more importantly, Monroe County has an ordinance, which I've just received, which has a specific requirement that when a mobile home park is being changed, rezoned, that the -- that the owner, developer, must, in fact, provide for in the redevelopment plan 30 percent affordable housing within the new context of development on that site. So those are some elements that certainly would probably be worth reviewing. I look forward to prepare an informational memo with the salient points of those ordinances, as well as those ordinances for your review so that this board may, in fact, look toward making that part of the criteria of the rezone in these specific types of situations that are related even to what -- your discussion of this Page 181 October 10, 2006 agenda today. COMMISSIONER HENNING: All I'm saying is, in order for anybody to qualify for this, there's going to have to be a cost share. It's not part of the rezoning. MR. WEIGEL: Okay. COMMISSIONER HENNING: It's saying that there will be a cost share from the developer -- MR. WEIGEL: Okay. COMMISSIONER HENNING: -- otherwise there won't be any monies coming forward. MR. WEIGEL: Okay, I see. If the developer doesn't participate and ante up, then the board will not be going forward with the money through this program as well. COMMISSIONER HENNING: Correct. So that's your understanding? MR. GIBLIN: Actually, no, it wasn't-- COMMISSIONER HENNING: Okay. MR. GIBLIN: -- but we can take it that way. COMMISSIONER HENNING: Would it be okay to do it that way? Is that -- because we are addressing it. MR. WEIGEL: No, I think you can. I believe I did hear it in the context of rezone previously. That's why I stepped forward. But if what I understand you're saying right now, I don't think it's problematic because it's not related to the rezone itself. COMMISSIONER HENNING: Right. MR. WEIGEL: I believe that's what you're saying. COMMISSIONER HENNING: Correct. CHAIRMAN HALAS: Commissioner Fiala. COMMISSIONER FIALA: I've had my question answered. CHAIRMAN HALAS: Okay. Commissioner Coyle, is this for real? COMMISSIONER COYLE: Yes, it really is. Page 182 October 10,2006 Well, with respect to paragraph 2, subparagraph H, the relocation assistance program, as it's currently described, those are program dollars that are grant dollars, okay. There's nothing here that obligates the county to provide this relocation assistance if there are no grant funds available. MR. GIBLIN: That's correct. The people would have to qualify both income-wise and they would have to prove that they were, in fact, in affordable housing that is now not going to be there anymore COMMISSIONER COYLE: That's correct. MR. GIBLIN: -- and that the relocation grant would be paid from the SHIP funds, which is a grant. COMMISSIONER COYLE: Okay. Now, if you get funds from the developer as a result of a rezone, who administers those funds? MR. GIBLIN: The future funds or -- well, the housing department administers all those funds. COMMISSIONER COYLE: Okay. So you would be administering those funds, and then you would be providing relocation assistance in addition to the grants that were available from the state; is that correct? MR. GIBLIN: I'm not sure I'm following the question. This program would -- this would be the relocation program. If during a rezone the Board of County Commissioners specifically required a developer to provide relocation assistance, then -- I think now I'm following you. Then, yes, that would be an additional source of funding. COMMISSIONER COYLE: So there are two pots? MR. GIBLIN: Yes. COMMISSIONER COYLE: We've got the state providing grants and then you've got a pot that's created as a result of rezones that represents developer's contributions? MR. GIBLIN: Correct. Page 183 October 10, 2006 COMMISSIONER COYLE: And so we're going to manage those and a person can't get one out of each pot, right? MR. GIBLIN: We can do that. COMMISSIONER COYLE: They're only eligible for one referral assistance payment, right? MR. GIBLIN: Yes. CHAIRMAN HALAS: Providing they follow the guidelines of COMMISSIONER COYLE: Okay. CHAIRMAN HALAS: -- the percentage of income. COMMISSIONER COYLE: Okay. MR. MUDD: And in no case, the maximum award, based on D, on (H) (D), is $3,000 per family. That's the maximum amount of money that they'd be eligible for. COMMISSIONER COYLE: Yeah, but that's for this particular program, for the grant fund. We don't have anything that says the maximum amount of the total maximum. MR. MUDD: Commissioner, you're going to have to -- you're going to have to add some language to this -- COMMISSIONER COYLE: That's right. MR. MUDD: -- because right now this thing says, the maximum amount they can get, no matter where it comes from, grant and/or developer, is $3,000 per family. CHAIRMAN HALAS: And I would hope that's where the county attorney will assist us, and -- COMMISSIONER COYLE: That's fine, if that's what it really means, that's okay with me. MR. MUDD: And in that case, if the developer contributed money, that money would go to the clerk, and, yes, Mr. Giblin and his crew would make sure that they're eligible, and then work that process through the clerk in order to cut the check. MR. SCHMITT: Glad you said that. They have to go through Page 184 October 10, 2006 the clerk's office. COMMISSIONER FIALA: But now do we need to see that again before we approve this? CHAIRMAN HALAS: Yes. COMMISSIONER COYLE: Yeah. That's all going to be put in here, right? MR. GIBLIN: Yes, sir. COMMISSIONER FIALA: But we've just got a motion on the floor to approve this. Now what? COMMISSIONER COYLE: Well, that's why I'm bringing it up. I'm suggesting if you want to modify your motion to include that language, maybe we should do that now. CHAIRMAN HALAS: Yeah. We're going to amend the motion. COMMISSIONER HENNING: Yeah. I mean, it was -- any motion is up for amendments, and I accept Commissioner Coyle's comments. COMMISSIONER FIALA: My second, too. MS. FILSON: Commissioner Henning made-- MR. GIBLIN: And Commissioner, just for clarification, if you wouldn't mind if I read the -- if I could read the new essential service personnel definition to be sure that we've captured everything. It would be -- the new definition would be those individuals employed in the community as teachers, educators, other school district employees, community college and university employees, police and fire personnel, healthcare personnel, skilled building trades personnel, government employees, and workers associated with the health, safety and welfare agencies within Collier County earning up to 140 percent of median, and all other full-time employees earning less than 80 percent of median. CHAIRMAN HALAS: That's it. Commissioner Coletta? COMMISSIONER COLETTA: Yes. Cormac, do you take the Page 185 October 10,2006 terminology health, safety and welfare to be able to include such things as -- and it would be a rare case, but -- because we're talking about somebody earning like about $50,000 a year to be able to -- or below that, that they would be able to qualify under the 80 percent -- such places, let's just say, like St. Matthew's House where they're providing a service or Guadalupe Social Services? There's several of these kind of agencies that provide very strong services that are part of the fabric. Now, I honestly don't know if there's a person in that employment that earns over 53,000, but suppose they have an executive director they brought in because of the fact they need to hold the fabric of it together and then they may lose out. I'm not too sure. I just -- it's a little vague. I need this explained to me. MR. GIBLIN: Commissioners, by wording it health, safety and welfare agencies, that -- certainly the St. Matthew's House would be a welfare agency. COMMISSIONER COLETTA: I'm there, I'm there. MR. MUDD: Yes, sir. It wouldn't be the Botanical Gardens though. COMMISSIONER COLETTA: But you've got to be very, very careful we don't have this abused by some of the far left organizations that are out there, or those that might be primarily religious and have something on the side going. And that's something that's going to be very difficult to -- COMMISSIONER HENNING: Leftist religion organization? COMMISSIONER COLETTA: Well, I know. Two different words. COMMISSIONER HENNING: What? There's no such thing. COMMISSIONER COLETTA: Yes, I know. Compassionate conservative, Commissioner Henning. COMMISSIONER HENNING: Oh, okay. COMMISSIONER COLETTA: You know. Page 186 October 10,2006 COMMISSIONER COYLE: Only in Commissioner Coletta's district. COMMISSIONER COLETTA: Yes, only in my district. CHAIRMAN HALAS: I think we'll just drop this discussion right now before we get in trouble. COMMISSIONER COLETTA: The Bible Belt. CHAIRMAN HALAS: Okay. Has the motion been amended? COMMISSIONER HENNING: Yep. CHAIRMAN HALAS: Okay. And who seconded that? Was it Fiala or me? COMMISSIONER FIALA: Me. MS. FILSON: Commissioner Fiala. CHAIRMAN HALAS: Okay. So a motion on the floor by Commissioner Henning, seconded by Commissioner Fiala. Any further discussion on this? (N 0 response.) CHAIRMAN HALAS: Hearing none, 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: Opposed, by like sign? (N 0 response.) CHAIRMAN HALAS: Motion carries. Thank you very much, Cormac. Appreciate your input. Item #101 RECOMMENDATION TO AWARD BID NO. 06-4035 TO QUALITY ENTERPRISES USA, INC. FOR THE RIVIERA GOLF Page 187 October 10, 2006 ESTATES LAKE INTERCONNECT FLEUR DE LIS LANE- APPROVED MR. MUDD: Commissioner, that brings us to item 101, and that used to be 16B2, and it reads: Recommendation to award bid number 06-4035 to the Quality Enterprises U.S.A. Inc., for the Riviera Golf Estates lake interconnect Fleur De Lis Lane, proj ect number 511351 in the amount of $120,000. And Mr. Gene Calvert, your director of stormwater, will present. MR. CALVERT: Good afternoon. COMMISSIONER FIALA: Actually I pulled it, and only for a couple reasons. Number one, I had spoken yesterday -- I wanted to know if the people in the Riviera area knew that this was coming so that they wouldn't be mystified when all of these vehicles came onto their property, and Gene has cleared that up for me, if you'd like to say what you've done. MR. CALVERT: Yes. For the record, Gene Calvert; Stormwater Management Department, Transportation Division. We have contacted the homeowners' association. The president, Kay Rendozzo (phonetic), has put this article in their newsletter, so it has been circulated. We've also given plans to the homeowners' association. They have been on public display at their clubhouse. We even talked with Kay as early as yesterday -- or as late as yesterday, and she has heard no comments, complaints, one way or the other. She appreciates everything that's going on. COMMISSIONER FIALA: Thank you. And then it also states the things you were going to take out, but it only mentions restoration. You've discussed the restoration process with them and what you will and won't be replacing? MR. CAL VERT: That's correct. Right now -- and one of the reasons they were very much in favor of this project -- there is an asphalt walkway through there that was repaired some years ago. Page 188 October 10,2006 Restoration will include concrete sidewalks all the way through the area, as well as vegetation restoration as well. COMMISSIONER FIALA: Thank you. Motion to approve. CHAIRMAN HALAS: Okay. COMMISSIONER COLETTA: Second. CHAIRMAN HALAS: Okay. We have a motion on the floor by Commissioner Fiala and a second by Commissioner Coletta. Any further discussion? (No response.) CHAIRMAN HALAS: Hearing none, 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. MR. CALVERT: Thank you. CHAIRMAN HALAS: Opposed, by like sign? (No response.) CHAIRMAN HALAS: Okay. COMMISSIONER FIALA: Thanks, Gene. Item #10J RECOMMENDATION TO WAIVE FORMAL COMPETITION TO APPROVE CONTRACTING WITH WELLER POOLS INC. TO INSTALL A 32 AQUATUBE SLIDE AT A COST OF $183,304.25. - APPROVED MR. MUDD: Commissioner, that brings us to our next item, which is 10J. That used to be 16D3, and it reads: A recommendation to waive formal competition to approve contracting with Weller Pools, Page 189 October 10,2006 Inc., to install a 32-inch diameter, 214-linear-foot Aquatube slide at the cost of $183,304.25. Item was pulled at Commissioner Fiala's request. COMMISSIONER FIALA: And let me just dig right in and tell you, when I read it was a 32-inch slide, I couldn't imagine how -- who would be using the 32-inch slide. MR. MUDD: Small people. COMMISSIONER FIALA: And so I thought maybe you were going to have a new category of our residents using it, so I asked. And Jim suggested it probably was in diameter, but it didn't say that, so I wanted to first verify that. And then the second thing I wanted to ask was, it was saying about this thing -- wait a minute. They were talking about budgeted, and then it said, I believe it wasn't in the budget; is that correct? And now it's in the budget. Or was it included in the 2007 budget? Let me go back. CHAIRMAN HALAS: I think it was Kraft. It was dealing with Kraft. COMMISSIONER FIALA: Yeah, but now it isn't Kraft anymore. MR. WILLIAMS: Commissioner, for the record, Barry Williams, Parks and Rec. Director. The amount is budgeted for FY-'07. COMMISSIONER FIALA: Okay. And is it the same budget amount that we had previously allocated? MR. WILLIAMS : We had in the budget $1 75,000 for the slide itself, the installation. There are some soft costs associated with installation. When we bring the slide in, we'll have to take away the fence and we'll have some equipment that we'll need, so those are costs that we have in our FY -'07 budget to take care of. For the slide itself, we budgeted 175,000. The fabrication, delivery and installation of the slide is at that 159,000, excluding those Page 190 October 10,2006 soft costs. COMMISSIONER FIALA: Okay, great. So we're pretty well in budget then, right? MR. WILLIAMS: Yes, ma'am. COMMISSIONER FIALA: Okay. Motion to -- oh, I'm sorry. Somebody else wanted to speak. CHAIRMAN HALAS: Commissioner Henning? COMMISSIONER HENNING: Well, I mean, we just -- we just opened the park up and now we're, you know -- MR. WILLIAMS: Adding a slide. COMMISSIONER HENNING: -- cutting it out, taking out stuff that was just installed, very little use. Could we do some better planning in the future? MR. WILLIAMS : Commissioner, the fourth slide and fifth slide were a part of our plans. We wanted to introduce -- COMMISSIONER HENNING: But those were in outer years, and we've just gotten CO on the property just months ago, and we're already tearing it up. MR. WILLIAMS: Yes, sir. CHAIRMAN HALAS: What are you actually tearing out here? You're just removing the fence temporarily to put the slide into place? MR. WILLIAMS: Yes, sir. That's correct. CHAIRMAN HALAS: Is there any other structure that's got to be put in? I think everything else is in place other than the slide itself? MR. WILLIAMS: It is. All of the -- CHAIRMAN HALAS: The pumps? MR. WILLIAMS : Yes. It's just connecting to the pumping system, but everything's in place. We have a red light, green light system that we've wired. It's ready for the slide. We're introducing the fourth slide. We're using it to market the park for next season basically, to have this additional slide. We think we'll bring in -- we hope to bring in -- continue to bring in folks that Page 191 October 10, 2006 would come back and see what that fourth slide's about, that 32-inch slide. CHAIRMAN HALAS: Okay. The question-- COMMISSIONER HENNING: You're taking out landscaping. CHAIRMAN HALAS: Yeah. I think the question that Commissioner Henning has is in regards to the fence. Now, this is -- the fence had to be there to start with; is that correct? MR. WILLIAMS: Yes. CHAIRMAN HALAS: Okay. And so what do you think the cost of removing the fence to get the slide in place is going to cost us; do you have any idea? MR. WILLIAMS: We don't. We wanted to seek your approval to go with this form -- waiving competition to go with Weller. What we'll come back to you with is a contract, an agreement with Weller, if you approve it, and we'll identify those costs exactly. CHAIRMAN HALAS: Okay. COMMISSIONER HENNING: Here's what it says here. Remove, repair, replace existing landscaping, fence, hardscaping, electrical work, refilling and balancing of the pool. The only point that I'm making is, the paint's just drying and we're already changing it. Can we do better planning in the future? CHAIRMAN HALAS: I guess we should have probably -- COMMISSIONER HENNING: And the director said yes. CHAIRMAN HALAS: -- put the fourth and the fifth slide right in place at the time we built the water park, because I think there's another slide that's coming in later on; am I correct? MS. RAMSEY: Correct. We did that purposely for marketing purposes to bring in a fourth and a fifth slide in out-years so that we could continue to market something new coming on at the park so that it wasn't all built out in the very first year that we opened it. The cost you have associated here would be anything that was damaged. If they don't have to remove landscaping, they won't. If Page 192 October 10,2006 they don't damage any hardscape, there will be no additional cost. They'll probably just roll back the fence and then roll it back into place when they're done. So probably minimum amounts of elements. Every -- all the posts and everything are currently in place ready to go. All they have to do is bring in the slide and attach it to the pillars. CHAIRMAN HALAS: What is -- how many people did we have before we started closing this thing down, let's say, till when school started? MS. RAMSEY: We've had over 100,000 people come through the Sun-N-Fun since we opened in late June. CHAIRMAN HALAS: Okay. Commissioner Coyle? COMMISSIONER COYLE: This is a fully enclosed tube slide; is it not? MS. RAMSEY: I don't know about totally enclosed, but sometimes they're enclosed and then open and enclosed. I don't know about this particular sty Ie. COMMISSIONER COYLE: Well, I just bring that up because I've seen a lot of kids that are more than 32 inches in diameter there. What are you going to do when you get one plugged up halfway down? COMMISSIONER HENNING: Sawzall. CHAIRMAN HALAS: Send Commissioner Coletta down there. MS. RAMSEY: We have a fitness center in the next building over, SIr. COMMISSIONER COYLE: Do you have restrictions on who can use these, or anybody can just go in there and plop in there and plug it up? MS. RAMSEY: No. There are no restrictions, sir. COMMISSIONER COYLE: Really? MS. RAMSEY: And 32 is a standard. Apparently it's big enough. CHAIRMAN HALAS: Commissioner Coyle, you'll fit in that Page 193 October 10, 2006 32-inch -- MS. RAMSEY: And it's wet. COMMISSIONER COYLE: No, I've gone down them. I just -- I know that for some people they're a little tight. MS. RAMSEY: It would be about a yard all the way around. COMMISSIONER COYLE: Yeah, yeah. COMMISSIONER COLETTA: Will this day ever end? CHAIRMAN HALAS: Any other further discussion? (N 0 response.) CHAIRMAN HALAS: I'm looking for a motion on this. COMMISSIONER FIALA: Motion to approve. CHAIRMAN HALAS: Okay. Do I have a second? COMMISSIONER HENNING: Second. CHAIRMAN HALAS: Okay. Motion on the floor by Commissioner Fiala and a second by Commissioner Henning. 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: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign. (No response.) CHAIRMAN HALAS: Motion carries. Thank you very much. Item #11 PUBLIC COMMENTS ON GENERAL TOPICS MR. MUDD: Commissioner, that brings us to public comments on general topics. Page 194 October 10,2006 Ms. Filson? MS. FILSON: We -- I do have one speaker, but I think he has departed. Kenneth Thompson. CHAIRMAN HALAS: Okay. Okay. Then how about county manager, do you have anything to bring forth? MR. MUDD: Yes, sir. CHAIRMAN HALAS: Okay. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. MUDD: First the board, or members of this board, went to the Florida Association of Counties policy committee meetings in Clearwater Beach from December (sic) 27th through 29th, and this is kind of something that my assistant Deb Wight put together to kind of recap what was there so the other members that didn't go would have an idea. The F AC director, or legislative director, Palmer Mason, spoke of Collier County's concern regarding the inordinate attorney fees on some land, eminent domain actions, and they basically took our fact sheet and our recommendation as far as changing the language that the county attorney had drafted, and they've distributed that out to all of their members. And they basically spoke of that during the meeting, so that's a good thing and that's basically one of the priorities that this board has. CHAIRMAN HALAS: What was interesting, just to add a little flavor to this, that there was a couple of attorneys that sit on other commission boards throughout the state, and they had some serious concerns about this also. So there was support from the attorneys' side also. MR. MUDD: Commissioner Coletta brought to FAC's attention Page 195 October 10, 2006 Commissioner Halas's letter addressed the F AC executive director, Susan Latava (phonetic) and others requesting support for amending the Florida Statutes to require elections of the Florida Water Management District governing boards rather than a governor appointment. This met with a great deal of interest and support from F AC members, and I believe it's a discussion item in their December meeting. The next item, while Commissioner Coletta chaired the Growth Environmental Planning and Agricultural Committee meeting, he requested that Commissioner Halas read to the F AC attendees Collier County's concurrency referendum question while providing an update on Collier's growth management initiatives, and that met with approval and great interest from the folks that were there. Since the F AC policy committee meeting, Collier County has transmitted to F AC a position paper on the all-terrain vehicle, A TV issue that proposes an amendment to the Florida Statutes to enable counties to have the latitude to exempt only portions of their respective county for unpaved roads and A TV use. This board had talked last time based on direction to see if we could get it so that -- you know, if it's just Golden Gate Estates that we want to exempt but the other dirt roads in Collier County to be open, that you'd have the latitude to do so because the current legislation applies currently to the entire county and nothing less. And the board acted prior at the last meeting prior to 1 October to exempt the county from that legislation, which was 7079, the house bill, and basically said that ATVs cannot legally use the dirt roads in Collier County. And then Commissioner Halas volunteered again to be a member of the growth management work group, which will meet regularly beyond the F AC conferences to research issues of statewide concern, and that's important to this board that you have a member on that work group so that you can get at your particular issues. Page 196 October 10, 2006 There was lots of discussion, from what I understand, about insurance costs in Collier County -- or Collier County -- in the State of Florida -- CHAIRMAN HALAS: Florida. MS. MUDD: -- and in Collier County, and property tax reform was also an issue of discussion just about in every meeting that was there. The F AC just put out some financial impact of the increase of homestead exemptions, if it gets increased from 25K to 50K, 50,000 per household, and that would impact this county with a reduction of $7.3 million to the general fund. That impact was given just in case the members of the board haven't had a chance to open up their emails. Just as a -- just as a note, Commissioner Fiala's told the members of the board that she's not going to be at the MPO meeting on Friday. I received another notice that Commissioner Coyle will not be at the board meeting on the 14th of November. I also know that Commissioner Halas won't be at a board meeting on the 28th of November. That tells me that the December meeting -- the one meeting in December is -- I've asked Ms. Filson to dedicate two days to that meeting, that Tuesday and that Wednesday, because it's obvious to me that all the land use petitions will come off of the 2 November meetings and move to the December meeting, or into January. I will do my best to spread those out a little bit, but I will make sure that you know about that. Your next meeting you only have one land use item on it. It's the Naples Daily News item. There was nobody out there in the development community that wanted to have their land use item on the same day as this particular item. I will let you know they all stayed clear of it based on what I've got from staff reports from community development. Page 197 October 10, 2006 So you have one item that's coming the next meeting, and that's the Naples Daily News item. There probably will not be any land use items from November. We will ask folks if they want to go, but they'll only have four members, and they need a supermajority vote. Most case where that has happened, they chose to move their items out to when the entire board will be in -- will be in forum. So I just wanted to get that out. Let you know that the meeting in December will be an interesting one, and I will try to reschedule and move some things around so that if it's all land use, we'll do all land use, but we'll do it for two days. That's all I have, sir. CHAIRMAN HALAS: Okay. County Attorney? MR. WEIGEL: Well, thank you. It's nice to be back. I look forward to providing you a memo relating to some of those affordable housing issues and what other counties have done. Also look forward to providing you a memo relating to some endeavors I hope to bring to you for your consideration for the next year, work projects that the county attorney can do to help you with more tools in your toolbox. So stay posted, and we'll keep you advised on that. Thank you. CHAIRMAN HALAS: Is that it? MR. WEIGEL: Yeah. CHAIRMAN HALAS: Okay. Commissioner Coyle? COMMISSIONER COYLE: Nothing from me. CHAIRMAN HALAS: Really? COMMISSIONER COYLE: Yes. CHAIRMAN HALAS: Okay. Commissioner Coletta? COMMISSIONER COLETTA: I agree with Commissioner Coyle, I have nothing either. CHAIRMAN HALAS: Okay. Commissioner Henning? I'll start at the other end. COMMISSIONER HENNING: Yeah, on our agenda, a great Page 198 October 10,2006 thing, is interconnecting Whippoorwill Lane to the future Green Boulevard and relieving that corridor. But I just want to point out, it was asked by one of the commissioners, can we -- can we make them build the road during their approval process, and it was stated that the Corps of Engineers would never allow that interconnection because of wetlands, but now we're using impact fees to make that connection. It is going to help out the network though quite a bit. So I'm glad it's getting done. That's all I have. CHAIRMAN HALAS: Okay. Commissioner Fiala? COMMISSIONER FIALA: Nothing from me. CHAIRMAN HALAS: Wow, we're going to get out of here early. I just want to say, we had a very productive day and it was quite interesting. It will be interesting to see what comes back from the parks and rec. in regards to usage fees and so on at the different parks. Other than that, I want to thank Commissioner Coletta for sitting in and being the chairperson in regards to that FAC on that growth issue because of the fact, I believe, the person who was chair couldn't make it. And he represented Collier County very well. Thank you very much. COMMISSIONER COLETTA: Thank you, sir. CHAIRMAN HALAS: At that, I believe we are adjourned. * * * * * Commissioner Coy Ie moved, seconded by Commissioner Fiala and carried unanimously, that the following items under the Consent and Summary Agendas be approved and/or adopted ***** Item #16A1 RESOLUTION 2006-260: FINAL APPROVAL OF THE Page 199 October 10, 2006 ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF "WATERWAYS OF NAPLES UNIT FIVE" THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED - W /RELEASE OF THE MAINTENANCE SECURITY Item #16A2 RESOLUTION 2006-261: FINAL APPROVAL OF THE ROADWAY (PRIV ATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF "WATERWAYS OF NAPLES UNIT SIX" THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED - W /RELEASE OF THE MAINTENANCE SECURITY Item #16A3 RESOLUTION 2006-262: FINAL APPROVAL OF THE ROADWAY (PRIV ATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF "WATERWAYS OF NAPLES UNIT SEVEN" THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED - W /RELEASE OF THE MAINTENANCE SECURITY Item #16A4 RECORDING THE FINAL PLAT OF "MEDITERRA, PHASE THREE EAST~ UNIT THREE" Item #16A5 RECORDING THE FINAL PLAT OF "AVE MARIA UNIT 9, DEL Page 200 October 10, 2006 WEBB PARCELS 101, 103, 104 & 105", APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY - W/STIPULATIONS Item #16A6 REIMBURSEMENT OF A PORTION OF THE IMPACT FEES PAID FOR "HANDSOME HARRY'S THIRD STREET BISTRO", IN THE AMOUNT OF $28,305.12, DUE TO A CHANGE IN THE CALCULATION OF THE IMPACT FEES APPLICABLE TO THE PROJECT AND THE RESULTING OVER-PAYMENT OF IMP ACT FEES AND AUTHORIZING A CHANGE IN POLICY FOR THE ASSESSMENT OF IMP ACT FEES FOR MIXED USE COMMERCIAL BUILDINGS, CONSISTENT WITH THE RECOMMENDATIONS OF THE COUNTY'S IMPACT FEE CONSULTANTS AND LEGAL COUNSEL -1201 3RD STREET SOUTH Item #16A7 RECORDING THE FINAL PLAT OF AVE MARIA UNIT TWO, PARK OF COMMERCE, APPROVAL OF THE CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE PERFORMANCE SECURITY - WITH STIPULATIONS Item #16A8 A UNITED STATES FISH AND WILDLIFE COOPERATIVE AGREEMENT 401816J091 FOR A DERELICT VESSEL REMOVAL GRANT AND APPROVAL OF THE NECESSARY BUDGET AMENDMENTS TO RECOGNIZE GRANT REVENUE Page 201 October 10,2006 IN THE AMOUNT OF $31,000 - ASSISTING THE TEN THOUSAND ISLANDS NATIONAL WILDLIFE REFUGE Item #16B1 BID #06-4030 TO MOTOROLA CENTRAL CONTROL IRRIGATION SUPPLIES AND SERVICES TO CONTEMPORARY CONTROLS & COMMUNICATIONS, INC. AND AG-TRONIX. THE ANNUAL EXPENDITURES ARE ESTIMATED TO BE $250,000 - FOR REPAIR AND MAINTENANCE OF THE COUNTY'S IRRIGATION SYSTEMS Item #16B2 - Moved to Item #101 Item # 16B3 BID #06-4031 INSTALLATION AND MAINTENANCE OF TRAFFIC SIGNALS, TO KENT TECHNOLOGIES, INC. AND SOUTHERN SIGNAL & LIGHTING - TO PROPERLY REPAIR, MAINTAIN AND INSTALL TRAFFIC SIGNALS IN COLLIER COUNTY ON A TYPE-OF-WORKBASIS Item #16B4 FIVE (5) ADOPT-A-ROAD PROGRAM AGREEMENTS WITH TWO (2) ROADWAY RECOGNITION SIGNS AT A TOTAL COST OF $150.000. THE OTHER SIGNS ALREADY EXIST- FOR AGREEMENTS WITH THE PARADISE COASTMEN BARBERSHOP CHORUS, HUNTINGTON LAKES, SOUTH BAY REALTY-LESLEY GARLOCK & NANCY KAMENICK, SOPHIE ESTRADA-REMAX ELITE REALTY AND NAPLES SAFE DRIVING ACADEMY Page 202 October 10, 2006 Item #16B5 DEVELOPER CONTRIBUTION AGREEMENT BETWEEN TOUSA HOMES INC., COLLECTIVELY REFERRED TO AS TOUSA AND COLLIER COUNTY HEREIN REFERRED TO AS COUNTY, FOR THE CONSTRUCTION OF A PUBLIC ROAD FROM WHIPPOORWILL LANE TO LIVINGSTON ROAD - FOR TRAFFIC CONGESTION RELIEF AND EMERGENCY ACCESS AT PINE RIDGE ROAD AND WHIPPOORWILL LANE Item #16B6 - Continued to October 24,2006 A DONATION FROM THE HALSTATT PARTNERSHIP FOR THE ADDITIONAL PLANTINGS ALONG GOLDEN GATE PARKWAY UP TO THE AMOUNT OF $101 ~821.89 Item #16C1 THE BOARD OF COUNTY COMMISSIONERS, AS EX-OFFICIO THE GOVERNING BOARD OF THE COUNTY WATER-SEWER DISTRICT, DECLARE THE RATING AGENCY PRESENTATIONS A VALID PUBLIC PURPOSE AND APPROVE THE EXPENDITURE FOR AN ON-SITE LUNCHEON PRESENTATION MEETING IN THE SUM NOT TO EXCEED $700.00 - WITH STANDARD AND POOR (S&P), MOODY'S AND THE FINCH AGENCY AND WILL BE HELD ON OCTOBER 25~ 26 AND 27~ 2006 Item #16C2 WORK ORDER ICTSCADA-3916-MAC-06-04 IN THE AMOUNT OF $98,513 TO MCKIM & CREED, P.A. UNDER ANNUAL Page 203 October 10, 2006 CONTRACT 06-3916 FOR THE SOUTH COUNTY WATER RECLAMATION FACILITY SCADA IMPROVEMENTS, PROJECT 73964 - TO EFFECTIVELY MANAGE THE QUALITY WASTEWATER TREATMENT AT THE FACILITY Item # 16C3 WORK ORDER ICTSCADA-3916-MAC-06-05 IN THE AMOUNT OF $90,493 TO MCKIM & CREED, P.A. UNDER ANNUAL CONTRACT 06-3916 FOR SCADA SYSTEM UPGRADES AT THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT, PROJECT 70124 - TO EXPAND THE CAPABILITIES OF THE CURRENT SYSTEM THROUGH THE IMPLEMENTATION OF A NEW TERMINAL SERVER Item #16C4 DEVELOPER CONTRIBUTION AGREEMENT WITH DIVOSTA HOMES, LP IN THE AMOUNT OF $40,148.64 FOR INSTALLATION OF UPSIZED WASTEWATER FACILITIES ALONG COLLIER BOULEVARD (CR-951) FROM RATTLESNAKE HAMMOCK ROAD TO SABAL PALM ROAD, PROJECT NUMBER 73946 - TO MEET DEMAND IN THE SOUTHEAST REGION OF THE COUNTY Item #16C5 WORK ORDER QGM-FT-3290-07-01 TO Q. GRADY MINOR FOR THE ENGINEERING SERVICES IN THE AMOUNT OF $221,150 FOR THE DESIGN, PREPARATION OF CONSTRUCTION PLANS, AND CONSTRUCTION INSPECTION FOR UPGRADE OF FOUR MASTER PUMP STATIONS AND Page 204 October 10, 2006 TWO LIFT STATIONS, PROJECT 72546 AND PROJECT 73970- TO ANALYZE DATA AND ENHANCE RELIABILITY Item #16C6 BUDGET AMENDMENT TO TRANSFER FUNDS IN THE AMOUNT OF $120,000 FROM PROJECT 739491, SOUTH COUNTY WATER RECLAMATION FACILITY (SCWRF), EXPANSION 2001 TO PROJECT 725321, NORTH COUNTY WATER RECLAMATION FACILITY (NCWRF) REHABILITATION - TO MAKE REQUIRED IMPROVEMENTS FOR PEAK SEASON Item #16D 1 AN AGREEMENT WITH COLLIER HEALTH SERVICES, INC. FOR $235,180 OF FY 07 FUNDS TO PARTICIPATE AS A LOCAL MATCH FOR THE LOW INCOME POOL PROGRAM FOR SERVICES PROVIDED ON BEHALF OF THE HUMAN SERVICES DEPARTMENT IN ORDER TO GENERATE AN ADDITIONAL $324,773 IN FEDERAL MATCHING FUNDS TO BE PAID DIRECTLY TO CHSI FOR SERVICES FOR THE MOST MEDICALL Y NEEDY IN COLLIER COUNTY - TO EXPAND SERVICES AT HORIZONS PRIMARY CARE CENTER AND OTHER SITES Item #16D2 THE SUBMITTAL OF THE ATTACHED UNIVERSITY OF FLORIDA INTEGRATED PEST MANAGEMENT PROGRAM GRANT APPLICATION TO THE UNIVERSITY OF FLORIDA INSTITUTE FOR FOOD AND AGRICULTURAL SCIENCE FOR Page 205 October 10,2006 AN URBAN IPM AT THE FARMERS MARKET PROJECT TOTALING $3,650 AND ANY NECESSARY BUDGET AMENDMENTS - TO PURCHASE FARM DISPLAY BOOTH MATERIALS, UNIVERSITY PUBLICATIONS AND RELATED DOCUMENTS Item #16D3 - Moved to Item #10J Item #16El STAFF-APPROVED CHANGE ORDERS TO WORK ORDERS TO BOARD APPROVED CONTRACTS - FOR THE PERIOD AUGUST 18~ 2006 THROUGH SEPTEMBER 14~ 2006 Item #16E2 BID NO. 06-4045 "ON-CALL OVERHEAD DOOR AND AUTOMATIC GATE CONTRACTOR FOR ANNUAL SERVICE AND REPAIRS" TO ACTION AUTOMATIC DOOR, INC. AND GARAGE DOORS OF NAPLES, INC. - FOR THE MAINTENANCE, REPAIR AND REPLACEMENT OF COUNTY OWNED AUTOMATIC OVERHEAD DOORS AND GATES Item #16F1 WORK ORDER NO. HM-FT-3902-06-04 FOR WIGGINS PASS MODELING PROPOSAL AND REGULATORY PERMITTING AS PROPOSED BY HUMISTON & MOORE ON APRIL 11,2006 ON A TIME AND MATERIAL BASIS NOT TO EXCEED $120,395 AND AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE TO SIGN WORK ORDER NO. HM-FT -3902-06-04 - TO BETTER MANAGE THE PASS, LENGTHEN THE Page 206 October 10, 2006 DREDGING CYCLE, PREVENT EROSION AND IMPROVE SAFETY CONDITIONS Item # 16F2 ANNUAL TECHNICAL SUPPORT AND MAINTENANCE RENEWAL CONTRACT FOR EMS SOLUTIONS 2000 THROUGH HEAL THW ARE SOLUTIONS IN THE AMOUNT OF $29,010 FOR FY-07 - FOR DOCUMENTING ALL PATIENT TRANSPORTS BY EMERGENCY MEDICAL SERVICES Item #16F3 A MEMORANDUM OF AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND EMERGENCY MEDICAL SERVICES AS THE CHEMPACK CACHE LOCATION FOR THE PURPOSE OF RESPONDING TO ACTS OF CHEMICAL EMERGENCIES POSING A PUBLIC HEALTH CRISIS - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16F4 VOLUNTEER FIRE ASSISTANCE MATCHING (50/50) GRANT FROM FLORIDA DIVISION OF FORESTRY FOR THE PURCHASE OF WILDFIRE PROTECTIVE CLOTHING AND APPROVE THE NECESSARY BUDGET AMENDMENTS - TO IMPROVE SAFETY AND FIREFIGHTING CAPABILITIES FOR THE ISLE OF CAPRI FIRE AND RESCUE DISTRICT Item #16F5 GRANT AGREEMENT #07-DS-5N-09-21-01 BETWEEN THE Page 207 October 10, 2006 FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY ACCEPTING $50,591 TO FUND HOMELAND SECURITY AND EMERGENCY PREPAREDNESS INITIATIVES AND APPROVE A BUDGET AMENDMENT TO RECOGNIZE AND APPROPRIATE THE GRANT FUNDS - TO CONDUCT EXERCISES, TRAINING WORKSHOPS, EMERGENCY PLANNING ACTIVITIES AND ENHANCE CITIZEN CORPS PROGRAMS Item #16F6 AN AGREEMENT BETWEEN COLLIER COUNTY AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ACCEPTING $105,806 FOR EMERGENCY MANAGEMENT PROGRAM ENHANCEMENT - TO PURCHASE ADDITIONAL EQUIPMENT, SERVICES OR HIRING ADDITIONAL PERSONNEL Item # 16F7 BUDGET AMENDMENT #06-625 - INTER-GOVT RADIO FUND COMMUNICATIONS EQUIPMENT Item #16F8 THREE (3) TOURIST DEVELOPMENT C-2 GRANT APPLICATIONS AND CORRESPONDING REVISED TOURISM AGREEMENTS WITH THE CHILDREN'S MUSEUM OF NAPLES ($175,000), NAPLES ART ASSOCIATION ($38,000) AND NAPLES BOTANICAL GARDEN, INC. ($112,550) FOR A TOTAL OF $325,550. - AS DETAILED IN THE EXECUTIVE SUMMARY Page 208 October 10, 2006 Item #16H1 COMMISSIONER FIALA REQUESTS REIMBURSEMENT FOR ATTENDING THE 6TH ANNUAL GOLDEN KEY GALA- BLACK & WHITE BALL ON SATURDAY, OCTOBER 21ST, 2006, NAPLES, FL; $115.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item #16H2 COMMISSIONER HALAS REQUESTS REIMBURSEMENT TO ATTEND THE UNITED WAY OF COLLIER COUNTY'S 2006 CAMPAIGN RECOGNITION BREAKFAST AT THE HILTON NAPLES ON OCTOBER 11, 2006; $20.00 TO BE PAID FROM COMMISSIONER HALAS' TRAVEL BUDGET - HELD AT 5111 TAMIAMI TRAIL NORTH Item #16H3 COMMISSIONER COLETTA REQUESTS REIMBURSEMENT TO ATTEND THE FOUNDATION FOR DEVELOPMENTALLY DISABLED, INC.'S DINNER DANCE AND AUCTION ON OCTOBER 28, 2006; $75.00, TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET - HELD AT THE VANDERBILT COUNTRY CLUB~ 8250 DANBURY BLVD Item #16H4 COMMISSIONER COLETTA REQUESTS REIMBURSEMENT TO ATTEND THE PHYSICIANS LED ACCESS NETWORK (PLAN) OF COLLIER COUNTY'S ANNUAL SHINING STAR CELEBRA TION HONORING AWARD RECIPIENTS FOR THEIR Page 209 October 10, 2006 DEDICATION AND ENDEAVORS ON OCTOBER 14, 2006; $50.00 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET - HELD AT ST. JOHN'S CHURCH, 625 111 TH AVENUE NORTH Item #16H5 COMMISSIONER COLETTA REQUESTS REIMBURSEMENT TO ATTEND THE UNITED WAY OF COLLIER COUNTY'S 2006 CAMPAIGN RECOGNITION BREAKFAST ON OCTOBER 11, 2006; $20.00 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET - HELD AT THE HILTON OF NAPLES, 5111 TAMIAMI TRAIL NORTH Item #16H6 COMMISSIONER COLETTA REQUESTS REIMBURSEMENT FOR ATTENDING THE 2007 LEADERSHIP COLLIER'S CLASS ROUND TABLE DISCUSSION LUNCHEON; $15.00 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET- HELD ON OCTOBER 5,2006 AT THE COUNTY MUSEUM ON THE COLLIER GOVERNMENT CAMPUS Item #16H7 COMMISSIONER FIALA REQUESTS REIMBURSEMENT FOR ATTENDING THE LEAGUE OF WOMEN VOTERS LUNCHEON ON FRIDAY, OCTOBER 6TH AT 12:00 NOON AT THE COLLIER ATHLETIC CLUB; $16.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - 710 GOODLETTE RD. N. AT 7TH AVE. N. Page 210 October 10,2006 Item #16H8 COMMISSIONER FIALA REQUESTS REIMBURSEMENT TO ATTEND THE COLLIER CITIZEN OF THE YEAR 2006 BANQUET ON FRIDAY, NOVEMBER 10TH, 2006, AT THE CLUB AT THE STRAND; $35 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item #16H9 COMMISSIONER HALAS REQUESTS REIMBURSEMENT FOR ATTENDING THE FLORIDA ASSOCIATION OF COUNTIES LEGISLATIVE POLICY COMMITTEE MEETING AT THE SHERATON SAND KEY RESORT IN CLEARWATER BEACH, FLORIDA SEPTEMBER 27-29,2006; $108.06 TO BE PAID FROM COMMISSIONER HALAS' TRAVEL BUDGET - TO MEET WITH OTHER COUNTY GOVERNMENT REPRESENTATIVES Item #16H10 COMMISSIONER COLETTA REQUESTS REIMBURSEMENT FOR ATTENDING THE IMMOKALEE CHAMBER OF COMMERCE'S SILENT AUCTION AND DINNER ON SEPTEMBER 30, 2006; $50.00 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET - TO NETWORK WITH IMMOKALEE'S LEADERS AND REPRESENT DISTRICT #5 Item #16H11 COMMISSIONER COLETTA REQUESTS REIMBURSEMENT Page 211 October 10, 2006 FOR ATTENDING THE FLORIDA ASSOCIATION OF COUNTIES LEGISLATIVE POLICY COMMITTEE MEETING AT THE SHERATON SAND KEY RESORT IN CLEARWATER BEACH, FLORIDA SEPTEMBER 27-29, 2006 - AS THE VICE CHAIR OF THE GROWTH, ENVIRONMENTAL PLANNING & AGRICULTURE COMMITTEE, COMMISSIONER COLETTA CHAIRED THE MEETING IN THE ABSENCE OF THE CHAIR; $108.06 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET Item #1611 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED: The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page 212 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE October 10,2006 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) August 26, 2006 through September 1, 2006. (2) September 2,2006 through September 8,2006. (3) September 9, 2006 through September 15, 2006. (4) September 16,2006 through September 22,2006. B. Districts: (1) Wentworth Estates Community Development District: Fiscal Year 2007 Notice of Public Meeting Schedule; Minutes of May 12, 2006; Agenda of May 12, 2006; Proposed Budget FY 2007. (2) Cedar Hammock Community Development District: Fiscal Year 2007 Notice of Public Meeting Schedule; Minutes of June 12, 2006; Agenda of June 12, 2006; Annual Financial Report of FY ended September 30, 2004; Minutes of February 13, 2006; Agenda of February 13, 2006. (3) Naples Heritage Community Development District: Fiscal Year 2007 Notice of Public Meeting Schedule. (4) Immokalee Water & Sewer District: Registered Agent Information; 2006-2007 Schedule of Regular Meetings; 2006- 2007 Budget FY ending September 30, 2007. H:\DATA\FRONT DESK - 2006\2006 Miscellaneous Correspondence\101006 Misc Corresp.doc (5) North Naples Fire Control and Rescue District: Operatingllmpact Fee/Inspection Fee Budget 2006-2007; Basic Financial Statements/Reports of Independent Auditor Year Ended September 30, 2005; District Map; 2006-2007 Monthly Meeting Schedule; NNFCRD Five Year Strategic Plan. C. Minutes: (1) Immokalee Master Plan & Visioning Committee: (a) Joint meeting with CRA Advisory Board and EZDA; Agenda of August 16, 2006; Minutes of August 16, 2006; Agenda of September 6, 2006. (2) Historic & Archeological Preservation Board: Agenda of September 20. 2006; Minutes of August 16, 2006. (3) Bayshore/Gateway Triangle CRA: Agenda of August 1,2006; Minutes of August 1, 2006; Agenda of July 11, 2006; Minutes of July 11, 2006. (4) Bayshore Beautification MSTU Advisorv Committee: Agenda of October 4, 2006; Minutes of September 6, 2006. (5) Collier County Planning Commission: Agenda of September 21,2006; Notice of meeting location change for September 21 and October 19; Minutes of August 3, 2006; Minutes of August 17, 2006. (6) Collier County Contractors' Licensing Board: Agenda of September 20,2006. (7) Collier County Citizens Corps Advisory Committee: Minutes of August 16, 2006; Agenda for August 16, 2006. (8) Collier County Airport Authority: Agenda of September 11, 2006; Addendum to September 11 Agenda; Minutes of August 14, 2006. H:\DATA\FRONT DESK - 2006\2006 Miscellaneous Correspondence\ 10 1 006 Misc Corresp.doc (9) Radio Road Beautification MSTU Advisory Committee: Agenda of September 19, 2006; Minutes of August 4, 2006. D. Other: (1) Letter from Florida Department of Environmental Protection to Chairman Frank Halas regarding OGC Case 01-0552-11-DW from Jon Iglehart, Director of District Management. (2) Public Safety Coordinating Council: Minutes of June 1, 2006. (a) Crises Intervention Team Task Force: Minutes of August 21, 2006; Minutes of July 13, 2006. H:\DATA\FRONT DESK - 2006\2006 Miscellaneous Correspondence\101006 Misc Corresp.doc October 10, 2006 Item #16J1 THE USE OF CONFISCATED TRUST FUNDS FOR CRIME PREVENTION - $22,000 TO FUND SUPPORT COSTS OF NATIONAL CHILD ID KITS TO PROTECT COLLIER COUNTY CHILDREN IN GRADES K-12 Item # 16J2 THE USE OF CONFISCATED TRUST FUNDS FOR DRUG ABUSE EDUCATION AND PREVENTION - $29,000TO BE USED FOR DRUG ABUSE EDUCATION AND PREVENTION PURPOSES Item #16K1 AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY TO INITIATE FORECLOSURE PROCEEDINGS PURSUANT TO SECTION 162.09, FLORIDA STATUTES, IN RELATION TO SIX (6) COLLIER COUNTY CODE ENFORCEMENT LIENS, ARISING FROM CODE ENFORCEMENT BOARD CASE NOS. CEB 2001-55, CEB 2001-58, CEB 2003-01, CEB 2003-02, AND CEB 2004-14, ALL OF WHICH CASES ARE ENTITLED BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA VS. CLAUDE (OR JEAN CLAUDE) MARTEL, AND ONE NUISANCE ABATEMENT LIEN ARISING FROM RESOLUTION NO. 2005-63 - FOR PROPERTIES LOCATED ON KAREN STREET OFF OF BA YSHORE DRIVE Item #16K2 A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF Page 213 October 10, 2006 $75,000.00 FOR THE ACQUISITION OF PARCELS 110 AND 710 IN THE LAWSUIT STYLED COLLIER COUNTY V. NB HOLDINGS CORPORATION, ET AL., CASE NO. 06-0658-CA (SANTA BARBARA BOULEVARD PROJECT NO. 62081) FISCAL IMPACT: $32~636 Item #16K3 AN AGREED ORDER FOR PAYMENT OF EXPERT FEES IN CONNECTION WITH PARCEL 140 IN THE LAWSUIT STYLED COLLIER COUNTY V. ROSA A. HERNANDEZ, ET AL., CASE NO. 05-1033-CA (CR 951, PROJECT NO. 65061) FISCAL IMPACT: $15~300.00 Item #16K4 A SETTLEMENT AGREEMENT AND A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $284,400 FOR THE ACQUISITION OF PARCELS 146 AND 746 IN THE LAWSUIT STYLED COLLIER COUNTY V. APRIL CIRCLE, LTD., ET AL., CASE NO. 04-3679-CA, IMMOKALEE ROAD PROJECT #66042 (FISCAL IMPACT: $116~078.50) Item #17A RESOLUTION 2006-263: PETITION SNR-2006-AR-9993, BY BLACKSTONE ESTATES, REPRESENTED BY WILSON GARCIA, P. E. OF Q. GRADY MINOR & ASSOCIATES, REQUESTING A STREET NAME CHANGE FROM BEARS WAY TO ACORN WAY FOR PROPERTY IN BLACK BEAR RIDGE PHASE 1, LOCATED WITHIN SECTION 34, TOWNSHIP 48 SOUTH~RANGE26EAST Page 214 October 10, 2006 Item #17B ORDINANCE 2006-43: AMENDING SECTION 74-202 OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE) BY PROVIDING FOR A CHANGE IN THE TIME PERIOD ALLOWED FOR REQUESTING AN IMPACT FEE REIMBURSEMENT, CONSISTENT WITH LIMITATIONS SET FORTH BY THE FLORIDA STATUTES Item #17C - Moved to Item #8D Item #17D ORDINANCE 2006-44: AMENDING THE STATE HOUSING INITIATIVE PARTNERSHIP (S.H.J.P.) RESIDENTIAL REHABILITATION PROGRAM THROUGH CHAPTER 114 OF THE COUNTY'S CODE OF LAWS TO REFLECT IMPROVED ADMINISTRATIVE PROCEDURES AND ORGANIZATIONAL CHANGES Item #17E ORDINANCE 2006-45: AMENDING THE STATE HOUSING INITIATIVE PARTNERSHIP (S.H.J.P.) DOWN PAYMENT ASSISTANCE PROGRAM THROUGH CHAPTER 114 OF THE COUNTYS CODE OF LAWS TO REFLECT IMPROVED PRACTICES AND ORGANIZATIONAL CHANGES Item #17F Page 215 October 10, 2006 RESOLUTION 2006-264: SE-2006-AR-10283 SCRIVENER'S ERROR TO AMEND RESOLUTION 2006-157 TO REFLECT THE CORRECT LEGAL DESCRIPTION AND CORRECT ZONING FOR THE SUBJECT PROPERTY LOCATED IN ALL OF SECTIONS 35 AND 36, TOWNSHIP 47 SOUTH, RANGE 27 EAST, AND ALL OF SECTIONS 1 AND 2, TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT-OF-WAY FOR COUNTY ROAD 846 (IMMOKALEE ROAD), COLLIER COUNTY, FLORIDA. (A CONDITIONAL USE FOR EARTHMINING ACTIVITIES) Item #17G ORDINANCE 2006-46: AMENDING COLLIER COUNTY ORDINANCE 90-105, AS AMENDED, THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD ORDINANCE Page 216 October 10,2006 ******* There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:09 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS , CONTROL ~~ FRANK HALAS, Chairman ATTEST: DWIGH1'B~BROCK, CLERK ..~:. ~ 1f~ .Qt . Attest lito ~1rwif . ~ fqll.tllrt onl- These minutes approved by the Board on ~ aU . l4 \ C1DOl,a.-, as presented / or as corrected . TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. Page 217