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BCC Minutes 01/09/2007 R January 9, 2007 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, January 9, 2007 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 Michael Pettit, Chief Assistant County Attorney Crystal Kinzel, Office of the Clerk of Court Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS tI"" " ,I c,_ \ -~- AGENDA January 9, 2007 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 THA T ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD Page 1 January 9, 2007 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 IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Captain Alejandro Castillo, The Salvation Army 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. November 28, 2006 - BCC Regular Meeting C. December 5, 2006 - BCC/PUD IOU Workshop #7 D. December 5,2006 - BCC/Solid Waste Workshop E. December 12 and December 13, 2006 - BCC/Regular Meeting F. December 14,2006 - BCC/LDC Meeting G. December 15,2006 - Value Adjustment Board Meeting Page 2 January 9, 2007 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards 5- Year Recipients 1) Ms. Carol Wright, Vanderbilt Beach Beautification MSTU Advisory Committee 2) Mr. Alvin Martin, Vanderbilt Beautification MSTU Advisory Committee 10-Year Recipients 3) Mr. Kent Orner, Ochopee Fire Control District Advisory Committee 4. PROCLAMATIONS A. Proclamation recognizing January 14,2007 through January 20,2007 as Purple Martin Week. To be accepted by Mr. Jerry Glasson, President, Purple Martin Society of Collier County. B. Proclamation designating January 31, 2007 as Raymond L. Lutgert and Scott F. Lutgert Day. To be accepted by Dr. Jeffrey Allbritten, President, Edison College, Collier Campus. C. Proclamation designating January l5, 2007 as "See the Dream and Live the Vision Day" to honor Dr. Martin Luther King, Jr. To be accepted by Ms. Rhonda Cummings and Ms. Dianna Perryman. D. Proclamation to recognize January 9,2007 as "International Holocaust Remembrance Day". To be accepted by Mr. Murray Hendel. 5. PRESENTATIONS A. SELECTION OF CHAIRMAN AND VICE CHAIRMAN B. Presentation by MCM, Inc. on status of Golden Gate Parkway 6-laning and Airport Road Overpass. Page 3 January 9, 2007 C. Presentation by APAC on status of6-laning of Immokalee Road from Collier Boulevard to 43rd Street. 6. PUBLIC PETITIONS A. Public Petition request by Lori Young to discuss a new ordinance regarding offender residency boundaries. B. Public Petition request by Bobbie Dusek to discuss "Fighting Against Insurance Rates". C. Public Petition request by Thomas Selck to discuss drainage, septic location and erosion matters associated with Permit No. 2005080737. D. Public Petition request by Mayor Sammy Hamilton to discuss waiver of EMS fees for the annual Everglades City Seafood Festival. E. Public Petition request by Chuck Mohlke to discuss County Commission District Boundaries. F. Public Petition request by Connie Stegall-Fullmer to discuss Goodland Zoning Overlay. G. Public Petition request by John Sullivan to discuss a berm or sound wall adjacent to proposed Northeast Water and Wastewater Treatment Facility. Item 7 and 8 to be heard no sooner than 1 :00 D.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. Recommendation to consider adopting an Ordinance Amending Collier County Ordinance No. 75-l6, as amended, which establishes the time, place and conduct of the meetings of the Board of County Commissioners, to clarify and provide for super-majority voting as permitted by general law, special law, ordinance or resolution, and to consider adopting a resolution to settle certain types of land use disputes and land use litigation by super- majority vote. Page 4 January 9, 2007 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Pelican Bay Services Division Board. B. Appointment of members to the Library Advisory Board. C. Appointment of members to the County Government Productivity Committee. D. Appointment of member to the Lely Golf Estates Beautification Advisory Committee. E. Appointment of member to the Environmental Advisory Council. F. Appointment of member to the Habitat Conservation Plan Ad Hoc Committee. G. Appointment of member to the Hispanic Affairs Advisory Board. H. Appointment of member to the Contractors' Licensing Board. I. Discussion on details of Goodland Overlay. (Commissioner Fiala) J. Request to reconsider Petition A VROW-2006-AR-9918. (Commissioner Fiala) 10. COUNTY MANAGER'S REPORT A. To request direction from the Board regarding the purchase of a 1.14 acre parcel, currently under contract within Golden Gate Estates, Unit 53 under the Conservation Collier Land Acquisition Program, possibly at an additional cost of $50,000. (Alex Sulecki, Senior Environmental Specialist, Community Development) B. This item to be heard at 11 :00 a.m. To provide information on the status of the Southwest Florida Expressway Authority activities and the ongoing Toll Feasibility Studies for 1-75 and to discuss future options with the Board. (Norman Feder, Administrator, Transportation Services) Page 5 January 9, 2007 C. Recommendation to approve the Memorandum of Agreement to participate in the Catalyst Project for Economic Development - Florida's Rural Areas of Critical Concern (RACEC's). (Tammie Nemecek, Economic Development Council. ) D. Recommendation to approve award of Bid #07-4077, Asphalt and Related Items to Better Roads, Bonness, Quality Enterprises and FT A Holdings, LLC. For an estimated annual expenditure of $2,650,000.00. (Norman Feder, Administrator, Transportation Services) E. Recommendation to provide direction to staff regarding an applicants request for after-the-fact approval of an alternative road impact fee calculation for dry storage units at the Calusa Island Yacht Club and Marina, and to provide direction to staff regarding an applicants request for after-the- fact approval of a previous individual calculation of road impact fees for wet slips at the same marina. (Norman Feder, Administrator, Transportation Services) F. This item to be heard at 4:00 p.m. This item was continued from the November 28,2006 BCC Meeting. Recommendation to deny petition to convert fields at Veterans Community Park to (2) lighted Little League, (1) lighted Girls Softball, and (1) lighted baseball field. (Barry Williams, Director, Parks and Recreation) G. To receive approval to purchase the group insurance coverage and vendor services necessary to manage the group insurance program. ($4,137,435) (Len Price, Administrator, Administrative Services) H. Recommendation that the Board of County Commissioners authorize the County Manager or his designee to create an additional thirteen (13) permanent Full Time Equivalent (FTE) positions within the Community Development and Environmental Services Division to address critical immediate land use approval, permitting, and inspection needs, and to give approval for any subsequent Budget Amendments required to fund such positions. (Joseph K. Schmitt, Administrator, Community Development) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT Page 6 January 9, 2007 A. Recommendation to authorize the Hispanic Affairs advisory board to present a proposed amendment to the HAAB Ordinance No. 91-37, as amended, and codified as Chapter 2, Article VIII, Division 7, in the Code of Laws and Ordinances, amending Section 7, Functions Powers and Duties, to clarify the HAABs goals and objectives, and providing an effective date. B. Recommendation that the Board of County Commissioners review the Collier County Ethics Ordinance No. 04-05, as amended, discuss the status of the ordinance and possible revisions, and direct the County Attorney's Office to return with a proposed amendment if desired. 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 Delasol Phase Three. The roadway and drainage improvements will be privately maintained. 2) Recommendation to approve final approval of the water utility facility for Forest Glen, ParcelS. 3) Recommendation to approve final acceptance of the water utility facility for Forest Glen, Parcel 6. 4) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Forest Glen of Naples. The roadway and drainage improvements will be privately Page 7 January 9,2007 maintained. 5) Recommendation to approve final acceptance of the water and sewer utility facilities for Florida Club of Naples. 6) Recommendation to approve Second Amendment to the Marco Island Cable Franchise Agreement that extends the cable operators franchised area to all of unincorporated Collier County and whereby the cable operator commits to install fiber cable for the use and benefit of Collier County. 7) Recommendation to award contract No. 07-4039 for $49,716 to Fraser and Mohlke and Associates, Inc., a consultant firm, to take the primary lead within the public participation phase of the East of CR951 Infrastructure and Services Horizon Study and collect and tabulate the results of the public polling. 8) This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Carolina Village, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. B. TRANSPORTATION SERVICES 1) Recommendation to award a construction contract to Better Roads, Inc. for Immokalee Road (C.R. 846) Intersection Improvements at Sanctuary Road, Bid No. 07-4090, Project No. 66065, in the amount of $826,725.20. 2) Recommendation that the Board of Collier County Commisioners approve award of Bid #07-3986R, Annual Contract for Concrete Sidewalk and Curb Maintenance to N. R. Contractors, Inc. for an estimated annual expenditure of $250,000. 3) Recommendation that the Board of Collier County Commisioners approve award of Bid #07-4043, Milling of Existing Asphalt Roadways to FT A Holdings, LLC, Better Roads, Inc. and Bonness for Page 8 January 9, 2007 an estimated annual expenditure of $100,000. 4) Recommendation that the Board of Collier County Commisioners approve award of Bid #07-4057, Purchase and Delivery of Metal and Polyethylene Pipe to Contech Construction Products, Inc., Ferguson Waterworks and HD Supply Waterworks L TD for an estimated annual expenditure of $50,000. 5) Recommendation to approve a Resolution establishing a No Parking zone on the south shoulder of Radio Lane beginning at the point of tangent for the eastern driveway leading to the Circle K store and extending 600 feet eastward at a cost of $l900. 6) Recommendation to Direct the County Manager or his Designee to Draft a County Ordinance Governing the Threshold Amount of Land or Easement Purchases Requiring One or Two Real Estate Appraisals (Estimated fiscal impact: $0.00 ) 7) Recommendation to approve an Inter-local Agreement between the School District of Collier County, collectively referred to as "District, and Collier County, herein referred to as County, for possible future operational improvements as it pertains to Elementary School'M' traffic impacts. 8) Recommendation to approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute a Local Agency Program Agreement with the Florida Department of Transportation in which Collier County would be reimbursed up to $200,000 for sidewalk construction on Floridan Avenue from Broward Street to Confederate Drive (Project #60l201). 9) Recommendation to award Contract #06-3975 Annual Fixed Term Professional Transportation Planning Consultant Services to one (1) additional firm (Estimated Annual Amount $300,000). 10) Recommendation to approve a Resolution authorizing the County Manager or his designee to execute the attached Federal Transit Administration Section 5310 grant application and applicable document, and to accept the grant if awarded. ($317,000) Page 9 January 9, 2007 11) Recommendation to approve a Resolution authorizing the County Manager or his designee to execute the attached Federal Transit Administration Section 531l grant application and applicable document, and to accept the grant if awarded. ($837,244.80) C. PUBLIC UTILITIES 1) Recommendation to convey a Utility Easement to the Water-Sewer District for five public water supply well sites, associated pipelines, and access on the Collier County Fairgrounds property at an estimated cost not to exceed $61.00, for the North East Regional Water Treatment Plant Wellfield, Project Number 70899. 2) Recommendation to approve Work Order # CT-FT-397l-07-05 under Contract # 06-3971, Annual Contract for General Contractors Service, to Chris-Tel Company of S.W. Florida. in the amount of $168,878.00 for interior renovations at the North County Regional Water Treatment Plant (NCRWTP), Project Number 700953. 3) Recommendation to approve a deduct Change Order to Contract 04- 3535, Work Order UC-235, with Kyle Construction, Inc. for $50,597.00 for the South County Water Reclamation Facility Reliability Improvements Lely High School Force Main, Project 72508. 4) Recommendation to award Contract(s) #06-4015 Solid Waste Professional Engineering, Technical and Financial Consulting Services to the following firms: Malcolm Pirnie, Inc.; CH2M Hill, Inc.; Post, Buckley, Schuh & Jernigan, Inc.; Brown and Caldwell; and R.W. Beck, Inc. not to exceed $750,000 per contract per year. 5) Approval to transfer funds and the associated budget amendments for Agreement ML070554 and ML040284 with the South Florida Water Management District (SFWMD) from Miscellaneous Grant Fund (116) to Water Pollution Control Fund (114) in the amount of $244,414. 6) Approval of agreement with the South Florida Water Management District to monitor ground water in Collier County in the amount of Page 10 January 9, 2007 $337,601 and the associated budget amendment. 7) Recommendation to executive agreement with WCI Communities, Incorporated for cost sharing for the replacement of the 6" watermain on Tower Road for a fiscal impact not to exceed amount of $11 0,600. D. PUBLIC SERVICES 1) Recommendation to approve a Second Amendment to Lease Agreement with Collier Model Aeronautic Club, Inc., for the continued use of vacant County-owned land at an annual income of $10. 2) Recommendation to appropriate reserves in the amount of $32,930 to replace the Fire Suppression Hood at Golden Gate Community Center. E. ADMINISTRATIVE SERVICES 1) Recommendation to approve a budget amendment to Fund 516, Property and Casualty Insurance in the amount of $533,500 to efficiently manage the payment of Builders Risk Insurance premiums on various capital construction projects. 2) Recommendation to repeal Collier County Resolution No. 95-474 and discontinue the collection of fees for the provision of a Vendor Subscription Service. 3) Recommendation to approve the addition of the classification Deputy Administrator - CDES to the 2007 Fiscal Year Pay and Classification Plan. 4) Recommendation to approve a Sign Easement with Wal-Mart Stores Inc., allowing Collier County to install a permanent sign on vacant land to advertise the Countys Museum with no annual rent. 5) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. Page 11 January 9, 2007 6) Recommendation to ratify additions to and a modification to the 2007 Fiscal Year Pay and Classification Plan made from October 1, 2006 through December 15,2006. 7) Recommendation to award Bid 07-4083 "On-Call Electrician Repairs and New Installation - County Wide" to multiple vendors. ($164,000 annually) 8) Recommendation to award Bid 07-4097 "On Call Plumbing Contractor Services" to Shamrock Plumbing & Mechanical, Inc. as primary, First Class Plumbing as secondary and Eddie Bock's Plumbing as the third vendor for Plumbing Services. ($190,000 annually) F. COUNTY MANAGER 1) Recommendation to approve a resolution providing for the establishment of a Use Agreement between Collier County Board of County Commissioners and the Florida Bureau of Public Lands and authorized Chairperson to sign the Public Use Agreement after approval by the County Attorneys Office. (Wiggins Pass dredging- State Park beach renourishment) G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation to approve and execute Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area. 2) Recommendation to approve a Budget Amendment in the amount of $112,000 to Fund the Planned Unit Development at the Immokalee Regional Airport/Florida Tradeport. 3) Recommendation that the Community Redevelopment Agency approve a one-time monetary sponsorship of$5,000.00 to Bayshore Cultural Arts, Inc. for Hearts In The Garden event from the Bayshore Gateway Triangle Trust Fund (Fund 187) FY07 Marketing & Promotions budget for event set-up costs, rentals, security, printing Page 12 January 9, 2007 and advertising expenses only, and declare the sponsorship serves a valid public purpose. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Leadership Marco Government Luncheon on November 29th, 2006 at the Marco Island Yacht Club; $20.00 to be paid from Commissioner Fiala's travel budget. 2) Commissioner Fiala request board approval for reimbursement for attending a function serving a valid public purpose. Attended the 22nd Annual Scholarship Fashion Show on Wednesday, December 6th 2006; $60.00 to be paid from Commissioner Fiala's travel budget. 3) Commissioner Halas requests Board approval for reimbursement for attending a meeting serving a valid public purpose. Attended The Greater Naples Chamber of Commerce Executive Session, recognizing United States Senator Mel Martinez, on Tuesday, December 19,2006, at the Chamber Building, 2390 Tamiami Trail North, Naples, Florida. $lO.OO to be paid from Commissioner Halas' travel budget. 4) Commissioner Fiala requests Board approval for reimbursement for attending a meeting serving a valid public purpose. Attended The Greater Naples Chamber of Commerce Executive Session, recognizing United States Senator Mel Martinez, on Tuesday, December 19, 2006, at the Chamber Building, 2390 Tamiami Trail North, Naples, Florida. $10.00 to be paid from Commissioner Fiala travel budget. 5) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the 50th Year Anniversary of Friends of the Library on Friday, January 12, 2007, at the Collier County Library Headquarters in Naples, Florida. $20.00 to be paid from Commissioner Halas' travel budget. Page 13 January 9, 2007 I. MISCELLANEOUS CORRESPONDENCE 1) To file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board Approval for Disbursements for the Period of December 2, 2006 through December 8, 2006 and for Submission into the Official Records of the Board. 2) To close out Grey Oaks Fire Station Number 20 capital project fund and remit unspent excess to North Naples and East Naples Fire Districts. 3) Authorize the Supervisor of Elections to accept voter poll worker recruitment and training fund with a 150/0 matching contribution. 4) Authorize the Supervisor of Elections to accept voter education funds with a l5% matching contribution. 5) To obtain Board Approval for Disbursements for the Period of November 25,2006 through December 2,2006 and for Submission into the Official Records of the Board. 6) To obtain Board Approval for Disbursements for the Period of December 9,2006 through December 15,2006 and for Submission into the Official Records of the Board. 7) To obtain Board Approval for Disbursements for the Period of December l6, 2006 through December 22, 2006 and for Submission into the Official Records of the Board. K. COUNTY ATTORNEY 1) Recommendation to Approve a Stipulated Final Judgment as to Parcels 140 and 141 in the Lawsuit Styled Collier County v. Regent Park Cluster Homes Association, et al., Case No. 04-3452-CA (Immokalee Road Project No. 66042). (Fiscal Impact: $13,150) Page 14 January 9, 2007 2) Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of$125,000.00 for the Acquisition of Parcels 720, 820A, 820B and 920 in the Lawsuit Styled Collier County v. Elhanon Combs, et al., Case No. 03-2352-CA (Golden Gate Parkway Project No. 60027). (Fiscal Impact: $74,897.80) 3) Recommendation to approve a Stipulated Final Judgment in the amount of $39,000.00 for the acquisition of Parcels 136, 836 and 936 in the lawsuit styled Collier County v. David J. Frey, et al., Case No. 03-2353-CA (Golden Gate Parkway Project #60027). (Fiscal Impact: $29,157.00) 4) Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcel 139 in the lawsuit styled Collier County v. Edward Stanley Sanditen, et aI., Case No. 02-5165-CA (Immokalee Road Project No. 60018). (Fiscal Impact $77,732) 5) Recommendation that the Board of County Commissioners Approve an Agreed Order Awarding Attorneys Fees and Costs in Connection with Parcels 128 and 728 in the Lawsuit Styled Collier County v. Terry L. Lichliter, et al., Case No. 03-2273-CA (Golden Gate Parkway Project No. 60027). Fiscal Impact: $1,946.80. 6) Recommendation that the Board of County Commissioners Approve an Agreed Order Awarding Supplemental Attorney Fees in Connection with Parcels 117 and 717 in the Lawsuit Styled Collier County v. Jack E. Green, et al., Case No. 03-2227-CA (Golden Gate Parkway, Project #60027) Fiscal Impact: $1,245.00. 7) Recommendation that the Board of County Commissioners Approve a Stipulated Final Judgment as to Respondent, Exxon Mobil Oil Corporation, for Parcel No. 133 in the Lawsuit Styled Collier County v. First National Bank of Naples, et al., Case No. 04-3587-CA (Immokalee Road Project No. 66042). Fiscal Impact: $2,300.00. 8) Recommendation that the Board of County Commissioners Approve a Stipulated Final Judgment as to Respondent, Exxon Mobil Oil Corporation, for Parcels 131 A and 131 B in the Lawsuit Styled Collier Page 15 January 9, 2007 County v. Stonebridge Country Club Community Association, Inc., et al., Case No. 04-3588-CA (Immokalee Road Project No. 66042). Fiscal Impact: $3,750.00. 9) Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcel 805 in the lawsuit styled CC v. James M. Brown, et al., Case No. 06-0525-CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact $130,580) 10) Recommendation that the Board of County Commissioners Approve a Stipulated Final Judgment in the Amount of $158,675.00 for Parcel 145 in the Lawsuit Styled Collier County v. Regent Park Cluster Homes Association, et al., Case No. 04-3452-CA (Immokalee Road Project No. 66042). Fiscal Impact: $36,347.75. 11) Recommendation to approve a Stipulated Final Judgment for Parcels 7l8A & 7l8B in the lawsuit styled CC v. Berean Baptist Church of Naples, Inc., et al., Case No. 06-1 254-CA(County Barn Road Project No. 60101). (Fiscal Impact $1,396.50) 12) Recommendation that the Board of County Commissioners and the Board of County Commissioners as the Ex-Officio Governing Board of the Collier County Water-Sewer District approve a Settlement Agreement and Release with Schenkel & Shultz, Inc., relating to the project known as the Design and Expansion of the South County Regional Water Reclamation Facility Second Floor Process Control Building, Contract No. 01-3235 and Work Order/Project #725091, as amended, and authorize the Chairman to execute any necessary settlement documents following final review by the County Attorney. 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 Page 16 January 9, 2007 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. Request the Board of County Commissioners to set a public hearing date of April 24, 2007 for consideration of a Development of Regional Impact Development Order amendment for petition DOA-2005-AR-7136, Grey Oaks DR! located in the northeast, southeast, and northwest quadrants of Airport-Pulling Road and Golden Gate Parkway, in Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County, Florida. (Companion to PUDA-2005-AR-I0157). B. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. RZ-2006-AR-I0150 Buckstone Estates, LLC, represented by William L. Hoover, AICP of Hoover Planning and Development, Inc. and Richard Y ovanovich, of Goodlette, Coleman & Johnson, P.A., request a rezone from the Rural Agricultural (A) zoning district to the Residential Multi-Family-6 zoning district (RMF-6[with a limit of 4 homes/ per acre]) for a 4.61 acre project known as Scenic Woods. The property is located on the south side of Wolfe Road approximately mile west of Collier Boulevard (County Road 951 )in Section 34, Township 48 South, Range 26 East, Collier County, Florida. C. This item was continued from the December 12~ 2006 BCC~ the January 9~ 2007 BCC meetinf! and is further continued to the January 23~ 2007 BCC meetinf!. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition A VESMT-2006-AR-9775, Hanson to disclaim, renounce and vacate the Countys and the Publics interest in the south 30 feet of the South half of the Southwest quarter of the Northwest quarter of the Northeast quarter of Section 24, Township 48 South, Range 25 East, Collier County, Florida. D. This item was continued from the December 12~ 2006 BCC meetinf!~ the January 9~ 2007 BCC meetinf! and has been continued indefinitely. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition A VROW-2006-AR-9477, GOLDEN GATE ESTATES UNIT 95 to disclaim, renounce and vacate the Countys and the Publics interest in a 60 Page 17 January 9, 2007 foot wide right of way easement known as 7TH Avenue NW (Cherrywood Drive) over portions of Tracts 15 & 16, Golden Gate Estates Unit 95, according to the plat thereof, as recorded in Plat Book 9, Page 45, of the Public Records of Collier County, Florida, and more specifically described in Exhibit A, and to accept a 20 foot wide alternate drainage easement and two 10 foot by 10 foot alternate drainage easements over portions of Tract 15, as more specifically described in the attached exhibits. E. Recommendation that the Board of County Commissioners adopt an ordinance amending Collier County Ordinance No. 99-85, as amended, the Seniors Homestead Exemption Ordinance, to increase the additional homestead exemption for qualifying persons age 65 and older from $25,000 to $50,000 pursuant to the Florida Constitutional Amendment approved by referendum on November 7, 2006. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 18 January 9, 2007 January 9, 2007 MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, Commissioners, you have a hot mike. CHAIRMAN HALAS: Good morning, ladies and gentlemen. The Collier County Board of Commissioners is now in session. I ask that anyone that has a cell phone or pager, if you'd be so kind as to put it in the silence mode. And at this time we're going to have the invocation, followed by the Pledge of Allegiance of the flag. The invocation this morning will be given by Captain Alejandro Castillo of the Salvation Army. Captain? CAPTAIN CASTILLO: Thank you. Let us pray. Holy are you, oh, God, who created the heavens and the earth and everything that lives in it. I look around me and see your works everywhere. What a beauty, what perfection, what power of display in the air (sic). I look up into the night sky, I see thousands of his stars. You can see galaxies upon galaxies in heavens. I cannot begin to comprehend how immense you are. There is no one like you, Father. No one can touch my heart like you do, Father. Lord bless this meeting. In Jesus' name, amen. CHAIRMAN HALAS: Amen. (The Pledge of Allegiance was recited in unison.) CHAIRMAN HALAS: Thank you very much. At this time I'll ask the county manager if he has any changes on today's agenda. Item #2A REGULAR CONSENT AND SUMMARY AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES MR. MUDD: Yes, sir. Agenda changes Board of County Page 2 January 9, 2007 Commissioners' meeting, January 9, 2007. Items 3Al, 3A2, 3A3, the recipients are Carol Wright, Alvin Martin, Kent Orner, will not be available to accept their awards today, therefore, this item is continued in two cases, and we'll mail one recipient's pin out. That's basically withdrawn for today's agenda. The next item is to withdraw item 6C. It's a public petition request by Thomas Selck to discuss drainage, septic location, and erosion permit associated with permit number 2005080737, and that withdrawal is at the petitioner's request. Next item is item 8A. The draft resolution was inadvertently omitted from the agenda package. This resolution accompanies the ordinance for consideration of adoption by the board under this agenda item. The board has been provided copies of this draft resolution, and that correction is at staffs request. Next item is to add an itelTI 91(, and that's a name change of the Collier Regional Medical Center to the Physicians Regional Medical Center-Collier Boulevard, and a name change of the Physicians Regional Medical Center to the Physicians Regional Medical Center-Pine Ridge. That item is added at Comn1issioner Coletta's request, and I believe all the commissioners were given the particular letter that generated this particular add. The next item is item 16A 1 and 16A4, and both those items should read that this item requires that all participants be sworn in and ex parte disclosure be provided by commission members. 16Al goes on further to say, it's a recommendation to grant final approval of a roadway (private) and drainage improvements for the final plat of Delasol, phase three. The roadway and drainage improvements will be privately ll1aintained. The 6 -- the same on 16A4 about the ex parte disclosure by commission members, and it goes on to read that -- recommendation to grant final approval of the road way (private) and drainage Page 3 January 9, 2007 improvements for the final plat of Forest Glen of Naples, the roadway and drainage improvements will be privately maintained. Those corrections were made at staffs request. The next item is to withdraw item 16H3 and that -- and 16H4, and that's both for Commissioner Halas and Commissioner Fiala to request approval for reimbursement of attending a meeting serving a public purpose, to attend the Greater Naples Chamber of Commerce executive session recognizing U.S. Senator Mel Martinez on Tuesday, December 19, 2006, at the chamber building, which is 2390 Tamiami Trail North, Naples, Florida. And in each particular case, both commissioners could not make that particular event. The next item is item 16J3. Note that backup material for this item did not attach into NOVUS and, therefore, did not appear in the agenda packet. Proper distribution of backup material has been made. And, again, on 16J4, the same note. Those were two particular items from the Supervisor of Elections. Next item is to move item 17B to 8A -- excuse me. 17B to 8B. Again, to move 17B to 8B. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's RZ-2006-AR-10150, Buckstone Estates, LLC, represented by William L. Hoover, AICP, of Hoover Planning & Development, Inc., and Richard Y ovanovich of Goodlette, Coleman & Johnson, P.A., requests a rezone from the rural agricultural zoning district to the residential multifamily-6 zoning district, RMF -6, with a limit of four homes per acre for a 4.61-acre project known as Scenic Woods. The property is located on the south side of Wolfe Road approximately a half a mile west of Collier Boulevard, County Road 951, in Section 34, Township 48 south, Range 26 east, Collier County, Florida. That item is being pulled at Commissioner Coyle's request. Next item is item 1 7B. And just so you know, that the agenda index should read that the property is located on the south side of Page 4 January 9,2007 Wolfe Road approximately a half a mile west, just as I read it in the previous statement, but in the agenda the half mile was omitted. The next item is item 17C. The correct number for the proposed resolution should be resolution number 07, rather than resolution 06, and that's at staffs request. We normally get those when we have a calendar year change, and this year is no exception. Next item is 17D, and it's the same thing, the resolution should be numbered 07 because it's 2007, rather than 2006. Both items on 17C and 17D are corrections at staffs request. Commissioners, there are two time certain items today. Item 10B to be heard at 11 a.m. to provide information on the status of the Southwest Florida Expressway Authority activities and the ongoing toll feasibility studies for 1-75 and to discuss future options with the board. And the next item is item 10F to be heard at four p.m. This item was continued from the November 28, 2006, BCC meeting. A recommendation to deny petition to convert fields at Veteran's Community Park to two lighted little league, one lighted girls softball and one lighted softball field. Mr. Chairman, that's all I have. CHAIRMAN HALAS: Thank you very much, County Attorney -- or County Manager. County Attorney, do you have anything to add to today's agenda? MR. WEIGEL: No, nothing further, thank you. CHAIRMAN HALAS: Okay. At this time I'll ask for ex parte on the consent and summary agenda, starting with Commissioner Coyle. COMMISSIONER COYLE: Mr. Chairman, I have no further changes to the agenda, and I have no ex parte disclosure for the consent agenda; however, on the summary agenda, item number 17B, I have had a brief meeting with the representative of the petitioner. CHAIRMAN HALAS: Okay. Thank you very much. Page 5 January 9, 2007 Commissioner Coletta? COMMISSIONER COLETTA: Yes, thank you, and good mornIng. I have no changes to the agenda or -- and no declarations to the summary agenda. CHAIRMAN HALAS: Okay. I, myself, have no ex parte on either the consent agenda or the summary agenda, and I have no other further changes to today's agenda. Commissioner Fiala? COMMISSIONER FIALA: Yes. I have no changes to the agenda nor do I have any ex parte except for one little thing, and I guess it's not even worth mentioning. But on 16A -- I'm trying to find the thing right now -- 16A8, Carolina Village, although I never met with anybody on it, somebody mentioned it to me on the telephone, actually the developer of this just mentioned -- or I'm sorry, mentioned it in a meeting to me saying that they referred to it as something similar to Carolina Village, which I've never heard of, and I didn't ask any more questions. But just to, you know, to be cautious, I will mention that. CHAIRMAN HALAS: Okay. Thank you very much. Commissioner Henning? COMMISSIONER HENNING: I received an email from Bruce Tyson on 1 7 A. CHAIRMAN HALAS: I'm sorry, sir. COMMISSIONER HENNING: I'm sorry. CHAIRMAN HALAS: No, it's my fault. COMMISSIONER HENNING: I received an email correspondence from Bruce Tyson on 17 A. CHAIRMAN HALAS: Thank you very much. Commissioner Coletta, you had something else to add, I'm sorry. COMMISSIONER COLETTA: Yes, I neglected. I missed one item. On the consent agenda, 16A1, I received some emails on that Page 6 January 9, 2007 particular issue. CHAIRMAN HALAS: Okay. Thank you. If there's no further changes, I'm looking for a motion to approve today's regular, consent and summary agenda as amended. COMMISSIONER COYLE: So moved. CHAIRMAN HALAS: Okay. Do I have a second? COMMISSIONER FIALA: Second. CHAIRMAN HALAS: Okay. I have a motion on the floor by Commissioner Coyle 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? (No response.) CHAIRMAN HALAS: Motion carries unanimously. Page 7 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING Januarv 9. 2007 Items 3A1. 2 and 3: Recipients Carol Wright, Alvin Martin and Kent Orner will not be available to accept their awards. (Recipients' request.) Withdraw Item 6C: Public petition request by Thomas Selck to discuss drainage, septic location and erosion matters associated with Permit No. 2005080737. (Petitioner's request.) Item 8A: The draft resolution was inadvertently omitted from the agenda package. This resolution accompanies the ordinance for consideration of adoption by the Board under this agenda item. The Board has been provided copies of this draft resolution. (Staff's request.) Add on Item 9K: Name change of Collier Regional Medical Center to Physicians Regional Medical Center-Collier Boulevard, and name change of Physicians Regional Medical Center to Physicians Regional Medical Center-Pine Ridge. (Commissioner Coletta's request.) Item 16A1 should read: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Delasol Phase Three. The roadway and drainage improvements will be privately maintained. (Staffs request.) Item 16A4 should read: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Forest Glen of Naples. The roadway and drainage improvements will be privately maintained. (Staff's request.) Withdraw Item 16H3: Commissioner Halas requests Board approval for reimbursement for attending a meeting serving a valid public purpose. Attended The Greater Naples Chamber of Commerce Executive Session, recognizing United States Senator Mel Martinez, on Tuesday, December 19, 2006, at the Chamber Building, 2390 Tamiami Trail North, Naples, Florida. $10 to be paid from Commissioner Halas' travel budget. (Commissioner Halas' request.) Withdraw Item 16H4: Commissioner Fiala requests Board approval for reimbursement for attending a meeting serving a valid public purpose. Attended The Greater Naples Chamber of Commerce Executive Session, recognizing United States Senator Mel Martinez, on Tuesday, December 19, 2006, at the Chamber Building, 2390 Tamiami Trail North, Naples, Florida. $10.00 to be paid from Commissioner Fiala's travel budget. (Commissioner Fiala's request.) Item 16J3: Note that backup material for this item did not attach into NOVUS and therefore did not appear in the agenda packet. Proper distribution of the backup material has been made. Item 16J4: Note that backup material for this item did not attached into NOVUS and therefore did not appear in the agenda packet. Proper distribution of the backup material has been made. Move Item 17B to 8B: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. RZ-2006-AR-1 0150 Buckstone Estates, LLC, represented by William L. Hoover, AICP of Hoover Planning and Development, Inc. and Richard Yovanovich of Goodlette, Coleman & Johnson, P.A., request a rezone from the Rural Agricultural (A) [zoning district to the Residential Multi-Family-6 zoning district (RMF-6) with a limit of 4 homes/per acre)) for a 4.61 acre project known as Scenic Woods. The property is located on the south side of Wolfe Road approximately % mile west of Collier Boulevard (County Road 951 (in Section 34, Township 48 South, Range 26 East, Collier County, Florida. (Commissioner Coyle's request.) Item 17B: Also note that the last sentence in the title on the agenda index should read, "The property is located on the south side of Wolfe Road approximately % mile west. . . . .." (% was omitted). (Staff's request.) Item 17C: The correct number for the proposed Resolution should be "Resolution No. 07-_", rather than "Resolution No. 06-_". (Staff's request.) Item 170: The correct number for the proposed Resolution should be "Resolution No. 07-_", rather than "Resolution No. 06-_" (Staff's request.) Time Certain Items: Item 10B to be heard at 11 :00 a.m. To provide information on the status ofthe Southwest Florida Expressway Authority activities and the ongoing Toll Feasibility Studies for 1-75 and to discuss future options with the Board. Item 10F to be heard at 4:00 p.m. This item was continued from the November 28,2006 BCC Meeting. Recommendation to deny petition to convert fields at Veteran's Community Park to (2) lighted Little League, (1) lighted Girls Softball, and (1) lighted baseball field. January 9, 2007 Item #2B, #2C, #2D, #2E, #2F, & #2G MINUTES OF NOVEMBER 28, 2006 - BCC REGULAR MEETING; DECEMBER 5, 2006 - BCC/PUD IOU WORSHOP #7; DECEMBER 5, 2006 - BCC/SOLID WASTE WORKSHOP; DECEMBER 12 AND 13, 2006 - BCC REGULAR MEETING; DECEMBER 14,2006 - BCC/LDC MEETING; DECEMBER 15, 2006 - VALUE ADJUSTMENT BOARD MEETING - APPROVED AS PRESENTED Motion for approval of November 28,2006, BCC regular meeting; December 5, 2006, BCC/PUD IOU workshop number seven; December 5,2006, BCC/solid waste workshop; December 12 and December 13, 2006, BCC regular meeting; and December 14,2006, BCC/LDC meeting; and the last is December 15, 2006 Value Adjustment Board meeting. Do I hear a motion? COMMISSIONER COYLE: Motion-- COMMISSIONER FIALA: Motion to approve. COMMISSIONER COYLE: Second. CHAIRMAN HALAS: Okay. I have a motion on the floor by Commissioner Fiala, seconded by Commissioner Coyle. Any further discussion? (No response.) CHAIRMAN HALAS: Hearing none, 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? Page 8 January 9, 2007 (N 0 response.) CHAIRMAN HALAS: Motion carries. Item #4A PROCLAMATION RECOGNIZING JANUARY 14,2007 THROUGH JANUARY 20, 2007 AS PURPLE MARTIN WEEK- ADOPTED I believe at this time we go to proclamations then? MR. MUDD: Yes, sir. 4A, it's a proclamation recognizing January 14,2007 through January 20,2007, Purple Martin Week, to be accepted by Mr. Gary Glasson, president of the Purple Martin Society of Collier County. Mr. Glasson, if you could come forward, please. COMMISSIONER FIALA: Just come on right up here. It's kind of like the hot seat. Proclamation: Whereas, the Florida legislature has designated Collier County Purple Martin Capital of Florida; and, Whereas, in a very short time, thousands of our very beautiful feathered friends, the Purple Martins will return from their winter home in Brazil; and, Whereas, these birds will be searching for suitable housing to enable them to nest and rear their young; and, Whereas, the Purple Martin Society of Collier County is desirous of urging the public to erect proper housing for these very valuable winged creatures by placing said houses on their property; and, Whereas, during the period of January 14th through January 20th, the Purple Martin Society of Collier County will endeavor to alert the public how valuable these birds are in helping to diminish the insect and mosquito population. We wish they were here in the summer too. Page 9 January 9, 2007 Whereas, the Purple Martin Society of Collier County urges all citizens to join the society to show their concern for these valuable and friendly winged creatures and learn to protect and preserve them. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that January 14,2007, through January 20,2007, be designated as Purple Martin Week. Done and ordered this 9th day January, 2007, Board of County Commissioners, Collier County, Frank Halas, Chairman. And Mr. Chairman, I motion to approve. CHAIRMAN HALAS: Okay. And I'll second that. We have a motion on the floor by Commissioner Fiala and a second by Commissioner Halas in regards to accepting this proclamation. 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: Passes unanimously. (Applause.) CHAIRMAN HALAS: Congratulations. Sir, if you'd just turn around here so we could get a picture. Thank you very much. Did you want to say a few words or anything? MR. GLASSON: I'd just like to. CHAIRMAN HALAS: Over by the mike, if you would, sir. MR. GLASSON: First of all, I'd like to thank the commission for this proclamation. As a correction, the birds are here in the summertime. They arrive -- well, we're looking for them now, and Page 10 January 9, 2007 they depart sometime around Labor Day. So they do gobble up some of the insects. And I'd like to invite anybody and all. We hold a monthly luncheon at the F oxfire Country Club October to May, the third Monday of the month. Anybody interested in the birds, come join us. Thank you. CHAIRMAN HALAS: Thank you, sir. Item #4B PROCLAMATION DESIGNATING JANUARY 31,2007 AS RAYMOND L. LUTGERT AND SCOTT F. LUTGERT DAY- ADOPTED MR. MUDD: Commissioner, the next proclamation is 4B. It's a proclamation designating January 31, 2007, as Raymond L. Lutgert and Scott F. Lutgert Day to be accepted by Dr. Jeffrey Allbritten, president of the Edison College, Collier campus. Dr. Allbritten? COMMISSIONER HENNING: Whereas, Raymond L. Lutgert and Scott F. Lutgert have envisioned a first-class community in Collier County, in which unparalleled climate, lifestyle and business prospects are completed (sic) with exceptional opportunities for education, healthcare, the arts and other amenities; and, Whereas, for four decades, the Lutgert Company has supported numerous of charities, organizations and other programs in Collier County throughout extraordinary vision, leadership, generosity of financial support; and, Whereas, Raymond L. Lutgert has pledged $5 million to Florida Gulf Coast University for a new 73,OOO-square-foot facility for a college of business; and, Whereas, in partnership of Duke University Health Systems, he has established the Raymond L. Lutgert Cancer Center on the Naples Page 11 January 9, 2007 Community Hospital campus; and, Whereas, as a gifted artist, he has created a -- created and donated, "Education... the Lyric of Life," a sculpture that has a focal point of the Collier County campus of Edison College; and, Whereas, Scott F. Lutgert has served as chairman of the Board of Trustees for Florida Gulf Coast University and provides invaluable leadership on other community boards, including NCH Healthcare System and the Philharmonic Center for the Arts; and, Whereas, Scott F. Lutgert's leadership as a founding trustee and current chair of the Naples Winter Wine Festival which (sic) helped raised over $38 million in six years for the Naples Children and Education Foundation, with proceeds supporting charitable programs with ( sic) improve the physical, emotional and educational lives of underprivileged or at-risk children in Collier County; and, Whereas, the induction (sic) into the South Florida Junior Achievement Business Leadership Hall of Fame for his outstanding contribution and dedication; and, Whereas, the Board of Commissioners is pleased to offer a special tribute to Raymond L. Lutgert and Scott F. Lutgert, whose vision and efforts on behalf of Collier County merits the recognition and gratitude of our citizens. Now, there, be it resolved that the Board of Commissioner Board of County Commissioners of Collier County, Florida, does hereby recognize Scott L. Lutgert -- I'm sorry -- Raymond L. Lutgert and Scott F. Lutgert for their steadfast commitment to challenging and enrichment (sic) lives through the achievement of academic and educational opportunities and proclaims Wednesday , January 31, 2007, be designated as Raymond L. Lutgert and Scott F. Lutgert Day. Done in this order, 9th day of January, 2007, and signed by the chairman, Frank Halas. And Mr. Chairman, I make a motion that we approve these proclamations. Page 12 January 9, 2007 COMMISSIONER FIALA: Second that -- COMMISSIONER COYLE: Second. COMMISSIONER FIALA: --- motion. CHAIRMAN HALAS: We have a motion on the floor by Commissioner Henning and a second by Commissioner Fiala in regards to approving this proclamation. All those in favor, please 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. We have two. One for each gentleman. (Applause.) COMMISSIONER HENNING: Can we get a picture? MR. ALLBRITTEN: Oh, certainly. Thank you. MR. MUDD: Dr. Allbritten, do you have any words you want to say, any comments? MR. ALLBRITTEN: Be happy to. Thank you very much. We do appreciate very much the county commission recognizing this day in honor of the Lutgerts, two individuals that have been very generous in this community, and certainly in terms of education. We are honoring them on that day with our Holland T. Salley Life Award Distinction at a function that day, and we're very excited about that. We have mentioned the issue of the wine festival and the dedication it has to the community that the Lutgerts have been involved in, and many of you saw the fact that we are going to be building a dental school on the campus for the resident dentistry Page 13 January 9, 2007 program for the pediatrics programs in Collier County. It's directly responsible for that through their leadership, so we thank you very much for this. CHAIRMAN HALAS: Thank you, sir. Item #4C PROCLAMATION DESIGNATING JANUARY 15,2007 AS "SEE THE DREAM AND LIVE VISION DAY" TO HONOR MARTIN LUTHER KING~ JR. - ADOPTED MR. MUDD: Commissioner, that brings us to our next proclamation,4C. It's a proclamation designating January 15, 2007, as See the Dream and Live the Vision Day, to honor Dr. Martin Luther King, Jr. To be accepted by Ms. Rhonda Cummings and Ms. Diana Perryman. COMMISSIONER COLETTA: And it's my honor to be able to read that petition (sic). Please come up front. Whereas, on the steps of the Lincoln Memorial, Dr. Martin Luther King, Jr., spoke passionately of his dreams of an America where all citizens would be judged by the contents of their character and not by the color of their skin, where all Americans would enjoy the riches of freedom and the security of justice, where the doors of opportunity would be open for all; and, Whereas, the celebration of Dr. King's birthday is intended as a time for all Americans to reaffirm their commitment to the basic principles that underline our Declaration of Independence and our Constitution, equality and justice for all; and, Whereas, on January 15,2007, the people of Collier County will remember Dr. King's dream and vision and renew our commitment to the fundamental principles of freedom, opportunity and quality; and, Whereas, the Collier County branch of the NAACP would help Page 14 January 9, 2007 us all to remember Dr. King's dream and vision by presenting the 10th Annual Dr. Martin Luther King, Jr., Parade to be held in the City of Naples on January 15,2007. And, therefore, be it proclaimed by the Board of Collier County Commissioners, Collier County, Florida, that January 15, 2007, be designated as See the Dream and Live the Vision Day. Done and ordered this, the 9th day of January, 2007, Frank Halas, Chairman, and I make a motion for approval. COMMISSIONER COYLE: Second. CHAIRMAN HALAS: Okay. We have a motion on the floor by Commissioner Coletta in regards to approving this proclamation, and seconded by Commissioner Coyle. Hearing no further discussion, I'll call the vote. All those in favor of this proclamation, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign? (No response.) CHAIRMAN HALAS: Motion carries unanimously. (Applause.) COMMISSIONER FIALA: Good to see you again. CHAIRMAN HALAS: You can turn around and we'll get a picture of you. Would you like to say a few words? COMMISSIONER COLETTA: I think Fred Thomas would like to get one. CHAIRMAN HALAS: Would you like to say a few words, please? MS. CUMMINGS: Good morning. First of all, I'd like to thank Page 15 January 9, 2007 the Board of Collier County Commissioners, County Manager, my supervisors, Kelsey Ward and Steve Carnell, for allowing us to volunteer our time and efforts to the NAACP. Weare employees of the county, so that's extra special for us, and I'm so grateful for this opportunity. We're -- we'd like to invite everyone to come out and celebrate with us January 15, 2007, in Cambier Park. We're going to have a parade. It starts at Broad Street and Third Avenue, and it will end in Cambier Park. The parade starts at 11 a.m., and it will end in Cambier Park at 12:30, where a huge celebration will be held. We have many, many, many sponsors. I'll just name a few. 1055, the Beat, is our title sponsor, Wal*Mart, Florida Gulf Coast University, Naples Daily News, Naples Community Hospital, the Collier County Health Department, and many, many more, and we just -- we're just so thankful. And Mr. Weeks says McDonald's Corporation, yes. Mr. Weeks is the vice-president of the NAACP, Collier County branch and we -- would you like to say a few words? MR. WEEKS: Not really. I think they've covered it all. It's really a day for the kids. I know most of you are still kids. I won't leave you out. So bring your, I guess it's grandchildren, at this stage of the game, and the youngsters out. They all love a parade. It's going to have a lot of music. And the program at Cambier Park is going to be extra special, many vendors. Health issues will be addressed, eye tests, all types of screenings that Naples Community Hospital is offering. So all I can say is, come on out and join us, you know. We're all together in this thing. Let's have some fun, at least one Monday -- and I guess you're off, aren't you? COMMISSIONER COYLE: We're never off. CHAIRMAN HALAS: Thank you very much. (Applause.) Page 16 January 9, 2007 Item #4D PROCLAMATION RECOGNIZING JANUARY 9,2007 AS "INTERNATIONAL HOLOCAUST REMEMBRANCE DAY" - ADOPTED MR. MUDD: The next proclamation is 4D. It's a proclamation to recognize January 9, 2007, as International Holocaust Remembrance Day, to be accepted by Mr. Murray Hendel. Mr. Hendel? COMMISSIONER COYLE: And Jack Nortmon and Ms. Alice Grady. I think all three of you should come up. If you have any more, bring them too. MR. HENDEL: We only have three today. COMMISSIONER COYLE: Okay. Thank you for being here today. Whereas, in a resolution co-sponsored by the 104 member states, the United Nation's General Assembly has designated January 9th as International Holocaust Remembrance Day in an effort to keep the memory of the Holocaust alive and to reaffirm unfaltering resolve to prevent the recurrence of such crimes and future acts of genocide; and, Whereas, January 27, 1945, is currently recognized as the official day of remembrance for Holocaust victims in many countries and marks the day when an advancing Soviet army liberated the largest Nazi death camp, Auschwitz- Birkenau in Poland; and, Whereas, Collier County encourages all its citizens to recognize the grievous crimes committed during the Holocaust and to remember the suffering of the 11 million humans who perished; and, Whereas, the Holocaust Museum of Southwest Florida promotes tolerance and understanding by teaching the history and lessons of the Holocaust through its educational programs. Now, therefore, be it proclaimed by the Board of County Page 1 7 January 9, 2007 Commissioners of Collier County, Florida, that January 27,2007, be designated as International Holocaust Remembrance Day. Done and ordered this 9th day of January, 2007, Board of County Commissioners, Collier County, Florida, Frank Halas, Chairman. Mr. Chairman, I make a motion to approve this proclamation. COMMISSIONER FIALA: Second. CHAIRMAN HALAS: I second it. Okay. We have a motion on the floor by Commissioner Coyle, seconded by Commissioner Fiala. I'll give her the credit for that one. And any further discussion? (N 0 response.) CHAIRMAN HALAS: All those in favor of this proclamation, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign? (No response.) CHAIRMAN HALAS: Motion carries unanimously. Congratulations. (Applause.) CHAIRMAN HALAS: Would anybody in the crowd like to say a few words? Okay, please. MR. HENDEL: My name is Murray Hendel. I'm co-president of the Holocaust Museum of Southwest Florida. I'd like to thank the Board of County Commissioners for this proclamation, and I'd like to invite everyone here to our celebration on January 28th at the United Church of Christ. It's a Sunday. It's at four o'clock, January 28th. We will have a concert and a program, and everyone is invited. Page 18 January 9, 2007 We also wanted to announce that on March 4th, we're having Judea Pearl, the father of Daniel Pearl, at our annual fundraiser, and that will be March 4th at the Community School. Our mission -- our museum has its mission to promote tolerance and understanding through the teachings of the lessons of the Holocaust. We are proud that we've had over 5,000 students of Collier County and Lee County during this year. We have experienced large growth, and we are applying to the State of Florida for a grant. And among the programs that we're going to request are creation of an educators' guide to the Holocaust Museum, educational programs that support a boxcar that we're bringing to the county, an exhibit -- a temporary exhibit on the short life of Paul B., a Hitler youth, Nicolas Winton, the power of good film presentation, and improvement of our computer system website, audio archive and library. And we want to thank Senator Saunders and Representative Richter for forwarding this in the Florida legislature. Thank you very much. CHAIRMAN HALAS: Thank you. COMMISSIONER COYLE: Thank you. (Applause.). Item #5A APPOINTMENT OF COMMISSIONER COLETTA AS CHAIRMAN AND COMMISSIONER HENNING AS VICE CHAIRMAN - APPROVED MR. MUDD: Commissioner, that brings us to presentations, 5A, which is selection of the new chairman and vice-chairman of the Board of County Commissioners. CHAIRMAN HALAS: Thank you very much. COMMISSIONER HENNING: I make a motion that we have Page 19 January 9, 2007 Commissioner Coletta as our chairman for the upcoming -- or this year, 2007. CHAIRMAN HALAS: I'll second that. Okay. Are there any other nominations? (N 0 response.) CHAIRMAN HALAS: Hearing -- the nominations are closed. All those in favor of electing Commissioner Coletta as the chairman for 2007, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: (No response.) CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign? (No response.) CHAIRMAN HALAS: Motion carries unanimously. Before I turn the gavel over to our new chairman -- and then we'll go through the process of electing a vice-chair, I'd like to say a few words in regards to -- on behalf of everyone that sits on this dais. I believe that -- not only the dais, but also the staff, I believe we've accomplished an awful lot in this past year, and I just would like to spend a few minutes, if you would let me, Chairman -- COMMISSIONER COLETTA: Please do. CHAIRMAN HALAS: -- before I turn the gavel over to you-- and reflect on some are of the items that we accomplished here in 2006. Working together, the commission and the county staff and the community, we have experienced a truly remarkable year marked with numerous accomplishments. We started off with Hurricane Wilma, which was October 24, 2005. That was under the chairmanship of Commissioner Coletta. He brought that storm here to us. Page 20 January 9, 2007 My duties were to make sure that we got the unscheduled cleanup, which was around $35 million. With due diligence and great teamwork by our staff and our contractors, and accounted (sic) for every nickel, we recovered about 31 million -- $31.8 million from FEMA. What we ended up with is a cost to the taxpayers of $3.2 million, and the county manager said that we were working diligently to try to even lower that. I think that we accomplished an awful lot under that time frame. And the other thing that was of very good -- was very successful is that we were able to establish temporary housing for those who needed it without any problems that plagued other areas, such as Charlotte County when Charley hit in that area. Some of the major road construction improvements -- and I know that lots of times we take a lot of heat in the Naples Daily News that things aren't moving fast enough, but I can assure you that some of the projects that are ongoing -- just so that you people understand what we're -- what we're accomplishing here in Collier County. The Golden Gate overpass, where hopefully that will be completed by mid 2007. The I-75/Golden Gate interchange, which is an FDOT proj ect, its opening is scheduled in early 2007. The Goodlette- Frank/Golden Gate Parkway -- Goodlette-Frank/Golden Gate Parkway to Pine Ridge Road, that's to be -- should be completed sometime this coming month. In fact, it may be even done by the end of this month. The Immokalee Road. We have three components on this. We have three sections that are under different contractors, all the way from U.S. 41 to 34th (sic) Street, and they are on schedule, including the one from Astaldi that was a hotly contested item. The completion for all three segments, we are -- look very hopeful that that's going to occur by September 2008. So all six -- the whole complete six-laning from U.S. 41 to 43rd Street should be Page 21 January 9, 2007 completed at that point from time. Rattlesnake Hammock Road. We had a groundbreaking for that last year, and it should be completed sometime in 2009. The Vanderbilt Beach Road, Airport-Pulling Road to Collier Boulevard, that completion should be in the first quarter of 2008. Collier Boulevard between Golden Gate Boulevard and Immokalee Road. It's a phased construction program. It should be completed probably by April 2009. Phase two, the computerized signal system, which added even more density or, I should say -- how about reduction of traffic delays or driver delays, and that is a SCOOT system that was implemented from U. S. 41 to Airport Road, and that seems to be working along. We had a 6 percent increase just using the SCOOT system above other items that we used to enhance the movement of traffic along Pine Ridge. Critical public safety proj ects. We're in the process of breaking ground probably the first quarter of this year for our new emergency services center, which will be located in the Lely area. The sheriffs special operations center, Naples Airport, we awarded the contract by the Board of County Commissioners October 25,2006. An EMS station on Santa Barbara. That was completed in November of 2006. New recreational opportunities for our citizens. We opened a 2008 -- $54 million North Collier Regional Park featuring a state-of-the-art Sun and Fun Lagoon, and that opened June 25, 2006. We acquired the Caribbean Gardens and Naples Zoo property for $42 million. We opened the Vanderbilt Beach parking deck for an additional 340 parking spaces for beach parking. We completed $23 million, City of Naples, Collier County beach renourishment project, and guess what? No rocks. The Eagle Lakes Community Park, which is located in East Naples, the interactive water features, tennis courts, pavilions, maintenance buildings, pathways to Triangle Boulevard, asphalted Page 22 January 9, 2007 berm surrounded by the park's three lakes. The Gordon River Park, a quality park located at the northeast comer of Goodlette-Frank Road and Golden Gate Parkway. Phase one, we received $6 million from the State of Florida Community -- Florida Communities Trust Grant for reimbursement of land acquisition for this proj ect. The series of boardwalks and pathways is planned for this passive park setting, water quality improvement components, and also the Freedom Memorial should be located at this site. Phase two, Gordon River Greenway Park, $9 million grant from Florida Communities Trust, a series of boardwalks, pathways and a passive park setting. Water quality improvements is also one of the components so that we can help clean Naples Bay area. Improved access to government services. I think this is one of the things that everybody looks forward to in regards to making it easier for you to get to your government. We opened the Collier County Government Center parking deck, which is located to my immediate right out in the parking area whereby we just opened that, and we have 1,130 new parking spaces available for people that want to visit this complex and also to visit the courthouse. We opened the North Collier Government Service Center, a new multi amenity full-service facility. It was opened in June 2006, and that's located at Orange Blossom Drive and Airport next to the -- our new -- our library that's over there. It offers services provided by all constitutional officers. We got -- completed the Golden Gate Library design plan, and the construction is to start sometime in February, 2007. The South Regional Library construction will commence by the spring of 2007, with a scheduled opening for July 2008. Landscape beautification master plan adopted in 2003. The alternative transportation modes department landscape section has installed 28.3 miles to date of landscaping along six-lane highways. Page 23 January 9, 2007 On schedule, to install an additional -- eight additional miles at the end of this year. Successful rollout of residential recycling cart program, which is very astounding of what's taking place here. This includes about 92,000 residents that presently reside here in Collier County. And the new easy-to-use 64-gallon recycling containers has resulted in the residential recycling of better than 60 percent recycling, and we're moving even higher levels to that. We've launched the -- and redesigned -- we have launched the redesigned new website for colliercounty.gov website, which is more friendly and easier to use. We've made a good start on affordable housing by approving units for our future inventory. Obviously there is more to do in this area. No inventory is accomplished -- excuse me. No inventory accomplishment would be more complete without reference to the groundbreaking of Ave Maria, our new town and university. How many counties in modem times have the opportunity to participate in the planning and growing ofa completely new community on virgin land? I'll tell you, that's quite an accomplishment I think we've made here. On the personal note, at the federal level, I personally have traveled to Washington, D.C., presented our board-approved fiscal year 2007 federal agenda projects, I've requested funding and appropriations from Congress, participated in up-close-and-personal presentations to Representative Connie Mack and representative Mario Diaz- Balart in August. On-the-ground briefing, helicopter fly-over, and offered on-the-site in-the-field perspectives they could not get from their offices in the nation's capital. At the state level, I've been honored to represent Collier County on the Florida Association of Counties Board of Directors, I've been active in the Florida Growth Management Work Group meeting with Page 24 January 9, 2007 commissioners from other counties, I've monitored the impact fee task force meetings. I'm proud to say that our involvement in networking and exchanging of information and ideas has been positive and very rewarding. As your county board commissioner chairman through fiscal year 2006, I'm very proud of what we have achieved, enthusiastic about winning the recent election, and I'm looking forward to the future. Although we have accomplished so much, I feel there is so much else that we can do to keep Collier County a great place to live, work and play. I am convinced that working together, the board, the staff and the citizens, can tackle the challenges of 2007. I am confident we have a (sic) team it takes to be successful. Thank you, and now I pass this gavel on to my fellow commissioner, Commissioner Coletta. And I want to make one parting statement. Congratulation to the national champions, University of Florida team and Urban Meyer. Congratulations. CHAIRMAN COLETTA: Thank you. Commissioner Halas, we appreciate your year of service. You're served the board exemplary, and the public too. We've seen some tremendous steps forward in the past year, and we appreciate all the effort you put into it, and we'd like you to accept this plaque on behalf of the commission for the time and service that you put in. (Applause.) CHAIRMAN HALAS: Thank you very much. And I want to thank each and every one of the commissioners that sit on this dais. As we worked together, we've accomplished an awful lot, as you can -- probably understood when I read my brief statement, that together we can accomplish a whole bunch. And thanks very much, not only to the county commissioners, but also to the staff. CHAIRMAN COLETTA: Thank you. How about a picture Page 25 January 9, 2007 there? COMMISSIONER HALAS: And at this time I'm going to turn the gavel over to Commissioner Coletta. CHAIRMAN COLETTA: Thank you, Commissioner Halas. We're going to have shuffling to do around, but we'll take care of that after the next order of business. COMMISSIONER FIALA: I'd like to nominate Commissioner Tom Henning to be vice-chair. CHAIRMAN COLETTA: I'd second that. Okay. So we have a motion -- COMMISSIONER FIALA: Hope you'll take it. CHAIRMAN COLETTA: -- on the floor for Commissioner Tom Henning to be the vice-chair, and second by Commissioner Coletta. Any other nomination? (No response.) CHAIRMAN COLETTA: Hearing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: And opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it. Congratulations, Commissioner Henning. COMMISSIONER HENNING: Thank you. (Applause.) CHAIRMAN HALAS: We're going to take just about a five-minute break while we do some strategy moves around here, moving books back and forth, chairs and whatever. Please, bear with us just for a moment. We'll get back to the people's business real Page 26 January 9, 2007 shortly. (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 COLETTA: Yes. Ladies and gentlemen, I just wanted to, one more time, thank my fellow commissioners for the trust they've put me, and I'm sure that this coming year will be very productive. The next thing on the agenda is going to be the presentations. MR. MUDD: Yes, sir. CHAIRMAN COLETTA: You want to start off with that, Mr. Mudd? Item #5B PRESENTATION BY MCM, INC. ON THE STATUS OF THE GOLDEN GATE PARKWAY 6-LANING AND AITPROT TOAD ORVERP ASS - GOLDEN GATE P ARKW A Y EXPECTED TO OPEN FEBRUARY 2007, 6-LANING AND AIRPORT ROAD OVERPASS ESTIMATED COMPLETION DATE AUGUST 2007 MR. MUDD: 5B, it's a presentation by MCM, Inc., on the status of the Golden Gate Parkway six -laning and Airport Road overpass. This was heard previously by the board. The board asked for this item to come back because there were some unanswered questions. Mr. Feder, do we have a representative? MR. MENIA: Good morning, ladies and gentlemen and board. CHAIRMAN COLETTA: Could you speak right into the mike, sir? MR. MENIA: Yes. Good morning, ladies and gentlemen, and good year to all. My name is Juan Menia, and I'm the vice-president Page 27 January 9, 2007 ofMCM Corps. The last time that we were here, there were some questions with respect to our schedule and our budget. And I had written a letter on the 20th of December saying that those -- to completely answer those questions, we would need to have done a traffic switch that's going to occur at the end of the month, but that was requested to come anyway, and I think it's helpful, that way we can see each other and you can ask any other questions. The primary concern last time that we met here was the assets, as somebody addressed them, of coming over. 1-75 will be completed and traffic will be on it within the next week and a half, but already I would say 80 percent of all of the assets of that job are already back on Airport-Pulling. We're scheduled to do a traffic switch that we were thinking would be in the middle of -- early February. We're going to do it for the end of this month, which will allow us to get into the last component of the bridge walls that we last time discussed that there could be some muck underneath. And the extent of that muck is an unknown that could affect our schedule, your budget, so it could affect many -- it could create variables. We still won't know that until we do the traffic switch, but I think that by the time the next commission meeting occurs, that will have taken place, and we will now know -- or we will then know where we're at with our final budget and schedule with respect to that issue. CHAIRMAN COLETTA: Fine. Ifwe could, Mr. Feder, would you please give us a staff assessment? MR. FEDER: Mr. Chairman, for the record, Norman Feder, transportation administrator. I think that what is noted is where we stand right now. Obviously without completion of ramp B, which is the south side roadway west of Airport, we don't have the ability to then pull out those lanes that are servicing today the eastbound movement on the Page 28 January 9, 2007 north side west of Airport and get at that issue of what remaining muck we have. Our anticipation is a small triangular piece, but, again, this muck has gone its own direction, and we've had to identify it as we've gone through with the job. We are concerned that, in fact, all the resources come back. They are starting to pull back to the job. They're working on the structure itself. We still need crews. We don't have the pipe crews that we need both for the crossing on the north side of the project across Airport Road allowing that north section to be opened, and open up that lane northbound. We don't have the opening of that south road. We're hoping that those resources will be here and that the dates you just heard will be adhered to. Obviously the quicker we can get that done, the quicker you get answers, and more importantly, the quicker we finish the project. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: What's going to happen with the traffic that starts getting off 1-75 on Golden Gate Parkway? MR. FEDER: Without completion of the overpass, we're continuing to work there. First of all, the interchange -- and I'll refer to the contractor if he has a better date. But I'm told probably February that will be open to traffic. At that time some of the diversion from Immokalee and Pine Ridge would be expected to come off the interchange at Golden Gate. People that will be able to go through the construction site will still be open to traffic; however, that will not be ideal. Some people will then revert back to Pine Ridge and Immokalee awaiting that last completion. However, we just did some improvements to turn lanes and issues, as you're well aware, at Livingston and Golden Gate, so a lot of people that are trying to take the new interchange and then head down Livingston will be able to be very well serviced. So I think you'll seed Page 29 January 9, 2007 some use of the interchange. Some people will pull back to Pine Ridge and Immokalee waiting for the completion of the overpass. COMMISSIONER COYLE: That sort of -- well, that tells me that what we're going to do is wait for it to solve itself by letting the traffic back up, become inconvenient to the motoring public to the point where they become frustrated and find alternate routes. What are we doing to direct them to right places so that we don't -- MR. FEDER: We will get information out as -- with the opening of the interchange, advising motorists that, in fact, the overpass is still under construction, advising that there will be some delays to that construction, but it is still open to them, that the access to Livingston has been enhanced, so the motoring public will be able to make a decision. But the fact of the matter is, traffic does find its own path, and people will choose based on their particular set of circumstances which route to take. COMMISSIONER COYLE: Are we going to put signs out at 1-75 indicating that westbound on Golden Gate Parkway is under construction and recommend alternate routes? MR. FEDER: We will get information out, and we'll try to make sure the motoring public has everything that they can make a decision from, yes. COMMISSIONER COYLE: Now, getting information out is good for people who regularly travel the roadway. It does nothing for visitors and tourists and others. And what I'm trying to prevent is a disaster with traffic backing up, everybody becoming frustrated, because this should never have happened. MR. FEDER: I understand-- COMMISSIONER COYLE: There's one thing that anybody with an ounce of brains should understand, and that is that the overpass should have been completed first before the 1-75 interchange was completed. Page 30 January 9, 2007 MR. FEDER: And that was the commitment we had from the contractor when the work started. That's not the situation we're facing. COMMISSIONER COYLE: I'm very, very upset with that decision, and -- MR. FEDER: It was not a-- COMMISSIONER COYLE: -- I know that -- know for a fact from personal experience that there was nobody working on this overpass project for many, many days, if not weeks. So it seems to me that there has not even been a good faith effort to get this thing completed anywhere near on time, and I think it's absolutely inexcusable that we have been sitting here while the contractor transferred all of the assets to the proj ect that should have been completed last. And I think I know why that was done, but I don't agree with it. But our task now is to try to find a way out of this mess, and I want to -- I want to know what kind of traffic control measures -- not just getting information out. I want to know what kind of alternate routes are going to be designated, I want to know where the signs are going to be placed and where that traffic is going to go. MR. FEDER: We'll get you information on our efforts. I do need to note, with all due respect, that before Golden Gate was open, that same traffic was finding a path. This will give them additional opportunity. It will not be ideal. And as I said, the fact of the matter is, you drive through there once, if you're not familiar with the area, you make your decision as to whether or not you take that route a second time. Now, having said that, there's no excuse for us not to give them information, and we'll try to do that. COMMISSIONER COYLE: Yeah. Okay. Thank you, Norm. I appreciate that. CHAIRMAN COLETTA: Commissioner Halas? Page 31 January 9, 2007 MR. MENIA: Mr. Coyle, if I could, I feel compelled -- you know, you're addressing something that is -- we pride ourselves in how we do our work, and we monitor our schedules very tightly. You must be aware of the several impacts that we've had to this job that have extended the contract eight or nine months. We are the ones that are -- that should have been out of here in September. This has not worked well for us. This is not something that we put upon the county or put upon ourselves. The finding of muck, the redesigning of S walls, the delays in designing S walls, these are not issues of a contractor. So we are here in the same situation as you are. You know, we're not happy to still have to be out here. These jobs should have been finishing simultaneously, and we move our forces back. Now, a contractor will regularly, when they've got a delay or an impact on a job where they have what we call float, reassign its resources to wherever they're necessary. But, you know, we provided ourselves. We do a lot of work. We do a lot of heavy civil work. We do a lot of commercial work. And this is not a circumstance that we're comfortable being in either. Just, you know -- and we don't like to be in part of the -- of the inconvenience that Collier County could -- ultimately could be put in. COMMISSIONER COYLE: Mr. Feder, has the contractor requested additional funding for these change orders? MR. FEDER: In the past, yes, and we brought to you, of course, two and a half million relative to the design change in the S wall and the muck. I will defer -- I'll differ a little bit from what you just heard, and that is, is yes, there was some float days. There's an awful lot of work that could have been done around these areas of problem that we would have liked to have seen done. Having said that, we're hopeful that we'll get the crews and we'll start getting moving on this proj ect now. Page 32 January 9, 2007 COMMISSIONER COYLE: Yeah. I think everybody was well aware of the anticipated completion dates and the sequence of completions. Unexpected occurrences exist in most major contracts and change orders are paid for, and we are willing to pay for these change orders. What we expect from a contractor is the contractor will make a good faith effort to try to adhere to the original schedule if they're paid additional money to compensate for these change orders. So -- the same thing applies in the building of a home. Just because I have a change order in the building of a home does not necessarily mean that I expect a delay in completion date for certificate of occupancy for the home. It means you put more resources on there and I pay you more money, and that's what we say we've been doing. And so I don't agree with your interpretation of this. I think you've just decided to go to the site where you're going to get the biggest bonus for completing it early. CHAIRMAN COLETTA: Okay. We're going to move to Commissioner Halas now. COMMISSIONER COYLE: Okay. COMMISSIONER HALAS: I just want to make sure that -- I, again, was out there to visit the site last week, and things have been moving along a lot quicker. I noticed that we have a lot more assets out there working -- personnel, I should say -- out there working on this. My concern is that once this interchange opens, are you going to make sure that all of those people that are presently assigned to the interchange are going to be put on the overpass? MR. MENIA: That is -- that is what is occurring presently. Yes, that was my commitment to the board, and it's something we -- and I have to go back to Mr. Coyle, because it is -- if the owner decides to change the tile of the roof and it takes eight months to get there, to get Page 33 January 9, 2007 to the level of having the roof ready to receive tile becomes -- and it doesn't become a critical factor anymore as long as you're ready when the tile gets there, if you can understand that. And that's what occurs here. It's not like anybody decided to just wait. We have to, by force -- we're not getting critical pipe on this job here until approximately the 26th of February so -- or the 23rd. We're still trying to better the date. But -- and that pipe was not pipe that we wanted to put. That pipe was a change that has been ongoing for several months, and at the last minute, we changed the pipe. Not we, MCM. The designers decided to change the pipe. So there's other factors that, had they not occurred, we would have had to bring in more resources or dealt with our own issues in order to make this happen. But I don't want to go back and forth on how we pretty much, you know, run our business, I guess. But, yes, the answer to your question, all the assets will be here. We will meet the dates that we have set forth barring any muck -- additional muck considerations or additional -- any other considerations that might come to be. COMMISSIONER HALAS: So what's your best guess as the vice-president of the corporation, when do you think that we'll start moving traffic over that? And then the last question is, when do you think this whole project will be completed? MR. MENIA: I think probably in March we'll be putting traffic on the bridge, and probably by July, August, early August, we'll be out of this project completely. COMMISSIONER HALAS: 30 August? MR. MENIA: (Nods head.) COMMISSIONER HALAS: Okay. That was about my assessment when I first went out there the first time. So hopefully that -- with the additional personnel, maybe you can help be able to speed this up so that we can get this completed even quicker. We'd really Page 34 January 9, 2007 appreciate it. MR. MENIA: We will do our best. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Yeah. I've taken the opportunity to drive this corridor several times, and people in doubt would drive that, too, not to congest your construction area. But the assets, the people working on the interchange is just phenomenal. And if those assets are moved to the overpass, that's going to be very impressive. I've never seen so many people on one job in all my life here in Collier County. So I think you're a person of integrity, and if you say you're going to move those assets to the overpass, that will help us out greatly. So thank you. MR. MENIA: We are going to do that. That is our plan. CHAIRMAN COLETTA: Okay. Commissioner Coyle, did you have some closing comments? COMMISSIONER COYLE: Yeah, just a couple more questions. The muck seems to be a problem for all of us. How long have we known about the muck problem? MR. MENIA: Well, the muck problem has corne and gone three times on this proj ect already, and we all know that there is one area that, because of the logistics of the project and the maintenance of traffic, the scheme of the maintenance of traffic that we simply can't get to that work zone until we get to the final traffic switch. What we find under there, Mr. Feder suggested a triangular-shaped configuration of muck. I don't know. I wouldn't -- it may be a small problem, it may be a large problem, or may be not even a problem. We really have to get there to see what we have. The first time we encountered muck, we though it was going to be a week, and it took us -- we were close to six weeks pulling out -- muck out of the ground. COMMISSIONER COYLE: And once -- what is necessary to be Page 35 January 9, 2007 done to begin to determine the extent of the muck problem? MR. MENIA: He calls it ramp B. To me it's the traffic switch that takes -- that allows us to get in to finish our last wall on the project, which is the wall on the west -- yeah, the northwest wall on the project. That will allow us -- that's where the muck is at, on that wall or below that wall. You will notice if you drive by there, that that wall is only partially built. It has to go another 2- or 300 feet further, and those 2- or 300 feet extends into the existing roadway. So we will have to move the traffic off that roadway, and then we can get into that area and start our excavations and see what we have. COMMISSIONER COYLE: And when do we think we're going to get to that point? MR. MENIA: I would -- we are -- we're targeting the end of the month to be able to do the switch. I wrote in a letter that it was either the end of the month or the first week of February. COMMISSIONER COYLE: Okay. CHAIRMAN COLETTA: Any other questions from the commissioners? (No response.) CHAIRMAN COLETTA: Thank you very much. We do appreciate your report. MR. MENIA: Thank you very much, and good day. Item #5C PRESENTATION BY APAC ON STATUS OF 6-LANING OF IMMOKALEE ROAD FROM COLLIER BOULEVARD TO 43RD STREET - 6-LANING OF IMMOKALEE ROAD FROM COLLIER BOULEVARD TO 43RD STREET - EARLIEST ESTIMATED DATE OF COMPLETION IS DECEMBER 2007 MR. MUDD: Commissioner, that brings us to our next Page 36 January 9, 2007 presentation, which is 5C. It's a presentation by AP AC on the status of the six-laning of Immokalee Road from Collier Boulevard to 43rd Street. MR. PENNING: I'm Andrew Penning, operations manager for AP AC, and I have printed up a couple -- some schedules. I printed one -- each one of you all one so you can follow if you want to. CHAIRMAN COLETTA: Yeah. If you would, please, sir, if there's a map available that you're passing out that you're going to be referring to, you might post it on the board behind you. And Mr. Mudd, if you'd be so -- Mr. Mudd, if you'd be so kind as to put this document we just received on the visualizer for our viewing audience. MR. MUDD: When I get it, sir. COMMISSIONER COYLE: What am I going to do with that? MR. PENNING: You can look at it later if you want to. COMMISSIONER HENNING: It's going to be a long meeting. MR. PENNING: Okay. As you all currently know, the original contract was bid in 2003. It was bid as a 1,490-day contract, which the original completion date was October 14, 2007. The six-lane change --change order added 180 days. We've got six days for hurricanes, and the last change order has added 25, which gives us a revised completion date of May 12th. The original budget was 28,986,526. The current one is 35,041,648. The project right now, without the last 25-day change order, is currently 70 percent on the -- on the money and 72 percent on the time. The -- that's with the December estimate. The -- if you -- this is summarized into phases, the schedule. You might want to look later on. But the north end -- we're trying to get the north end completed by March 19th. The majority of our work is already completed. Kent is currently waiting on materials to complete the signals. As soon as they come in, they will start working on all the signals from Wilson north, and we're anticipating trying to -- Page 37 January 9, 2007 that completion, March 19th. MR. MUDD: Sir, if you'd just explain -- you just said the north end, so you're talking about -- MR. PENNING: Right, from Wilson north to 34th (sic) Street. MR. MUDD: Okay. MR. PENNING: Or 43rd, yeah, to 43rd, okay. The -- all the underground -- people ride by and they see underground crews, but they don't see the top -- the roadway going. All the underground is done. It's completed now from 951 up to Twin Eagles. We will -- we will be designating additional crews in the next couple of weeks. And the scheduled completion date for that roadway is March 5th of this year, then we will be switching traffic from 951 all the way -- it's already up to Twin Eagles, but we'll be switching all the traffic to the right roadway from Twin Eagles back to 951, then we'll start on the left side. That side should go a lot faster because all you -- 90 percent of your utilities were all on the east side of the road. The only thing we have on the right side of the road is a force main and a 36-inch water line, which is all the way to Twin Eagles. They just have to carry it on. Let's see. The total-- the completion of the left roadway, once we do that, schedule-wise, is, we're shooting -- we're trying to hit the October -- going to meet the end of November, the November 30th date. And at that time, when we switch traffic back to the left side, then all -- we'll put all the friction force on the entire job at one time. We're -- right now we're currently anticipating completion of everything the end of February. The actual contract, as I said before, goes to May 12th. Now, that said, if you'll notice at the bottom, there's also -- with this current schedule, there's 53 days of float. We're going to -- we're attempting -- we're going to try to finish this year, but that is also Page 38 January 9, 2007 contingent on the availability of fill. When this job was bid, there was -- I'm sure you to all know, there was numeral fill sources. They have dried up. And as long as our current fill source holds out, we will match this schedule. Just like you all to know, the availability of fill has really had an effect on all sub -- all contractors in the county. And even at completion of this, because of the availability of fill and having to go locate it, we're looking at a $600,000 loss just on our part, but that's part of the business. CHAIRMAN COLETTA: I'm sorry. Commissioner Halas? COMMISSIONER HALAS: Sir, could you be a little more clear in regards to what your boundaries of responsibility are? And that would be from 43rd Street, how far back, to 951? MR. PENNING: To Wil-- no. To 951, all the way. COMMISSIONER HALAS: So that's your responsibility under this particular contract; is that correct? MR. PENNING: Yes, sir. COMMISSIONER HALAS: And you said that you had what, 1,400 days on this total contract? MR. PENNING: Originally we had -- the jobs was bid at 1,490. COMMISSIONER HALAS: Okay. And your best -- MR. PENNING: Total to date with the change order is 1,701. COMMISSIONER HALAS: Seventeen oh one. What's your best guess that we're going to get this thing accomplished from 951 to 43rd? What is your completion date; what's your thoughts? MR. PENNING: Well, the -- we're shooting for the end of February next year. COMMISSIONER HALAS: February of2008? MR. PENNING: Well, we're going to -- we're doing our best to complete it this year. We're going to allocate some additional sources. But like I said, because all the underground is done now, now we can actually go to work on the roadway. Page 39 January 9, 2007 COMMISSIONER HALAS: You're basically -- are you saying to me then, and to the audience, that your best guess for the completion date could be as early as December 2007? MR. PENNING: Could very well be. COMMISSIONER HALAS: Okay. CHAIRMAN COLETTA: Mr. Feder? MR. FEDER: Again, Norman Feder, transportation administrator, for the record. Just very quickly to make sure that everybody understands clearly, the original days, the 1,400 plus days, gone to 17-, also the cost, 28- to roughly 35-, needs to be understood in the sense that that original bid was on the four-lane, then we went to six-lane. So the added days are predominantly going from four to six, and the added dollars predominantly going four to six. COMMISSIONER HALAS: Thank you for the clarification. CHAIRMAN COLETTA: Yeah. And one of the things that we have directed staff to do -- and I understand it's in the works right now, being done, is signs to be posted at all the construction sites where the roads are being built, to let people know, let the motoring public know that the -- how much the roads cost and when they're projected to be completed. And the reason being for it is, there's a lot of misconception out there that some of these roads are months, if not a year, behind schedule. They're not. I agree with the public, they should have been built 20 years ago; however, we're dealing with the situation at hand. When these signs go up, it may make it a little clearer. It's also going to have all the commissioners' names on it so you'll know who to blame on it. Plus, also too -- COMMISSIONER HALAS: Thanks a lot. CHAIRMAN COLETTA: -- it's going to have the contractor's name, and you might want to stop and talk to him about it. Thank you very much for your time, sir. Page 40 January 9, 2007 MR. PENNING: You're very welcome. Item #6A PETITION TO DISCUSS A NEW ORDINANCE REGARDING OFFENDER RESIDENCY BOUNDARIES - MOTION TO HAVE LEGAL DEPARTMENT REVIEW AND BRING BACK RECOMMENDATIONS AS A REGULAR AGENDA ITEM AT A FUTURE MEETING - APPROVED MR. MUDD: Commissioner, that brings us to the public petition part of our agenda. The first public petition is 6A. It's a public petition request by Lori Young to discuss a new ordinance regarding offender residency boundaries. Ms. Young, if you'd come to the podium, please. CHAIRMAN COLETTA: And if I may, while Ms. Young's coming up to the podium. This is a wonderful thing, public petition. This gives the public the ability to come directly to their commissioners with whatever situations they would like to bring to them. The only requirements is you have to be able to file two weeks in advance to be able to come before the commission. The petitioner has 10 minutes to state their case. The commissioners mayor may not ask questions of the petitioner or staff, however, there is no provisions at this point in time for the public to be able to speak on the public petitions that come before us. If there's interest on the part of the commission, this could be moved forward to a regular agenda item for a future meeting. Thank you very much, Mrs. Young. Please proceed. MS. YOUNG: Yes, sir. I'd like to waive a couple minutes of my time for two other board members, if I may, at the end. I'm not going to use all 10. CHAIRMAN COLETTA: The intent of this is to have-- Page 41 January 9, 2007 MS. YOUNG: Okay. CHAIRMAN COLETTA: -- one presentation by one person. And that only compounds it to have numerous people up there. Just give the commission -- MS. YOUNG: Thank you. CHAIRMAN COLETTA: -- guidance, and we'll take it from there. MS. YOUNG: Good morning, Commissioners, Commissioner Coletta, Coyle, Fiala, Henning, Halas; Mr. Mudd, Mr. Ochs, staff, and those in attendance. My name is Lori Young. I'm a Naples native, retired navy chief, and I'm president of the neighborhood homeowner association in Poinciana Village. I'm here to present the petition to you today. Thank you for giving me the opportunity to petition the commission for a new Collier County sexual offender residency ordinance. I was asked by my association residents to research the possibility of prohibiting sexual offenders from living in our neighborhood altogether. Upon investigation and simple Google searches, I noted several cities in Florida that enacted to have ordinances increasing the current 1,000-foot buffer around schools, parks and day cares to 2,500 feet. Those ordinances restrict sexual offenders and predators from residing 2,500 feet from a school, park or day care, and in some cases they've included churches. It is about a little less than half a mile. Such a 2,500- foot buffer would cover our entire Poinciana Village, as we have a community park right in the middle of our community. Further research has indicated that sexual offenses on children usually occur within a half mile from the child's home. Coral Rose is a perfect example of that. Miami -Dade County, the City of Cape Coral, the City of Tampa, Page 42 January 9, 2007 Jacksonville, and the home of the national champion Gators have enacted tough residency requirements. So it is our belief that the commission should consider enacting a tough ordinance sending the message that we care about our children and do not accept sexual deviants living near or associating with our innocent children. Together we can send a message that we say it and we did it. And in closing, things from my residents that I've -- that really impacted me to come up and speak strongly is the fact that even in the prison system, the sexual offenders are the most hated individuals. Why should we have to accept having them live near us? And that's -- I just would like you to please consider it. I know there are some that are under the belief that it sends people underground, but I don't think the other cities in Florida have not done their research and, you know, they've done the right thing for their citizens, and that's all I'm asking, that you consider it. Thank you. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Mr. Chairman, Ms. Young has done a lot of work in providing us a draft ordinance which achieves the goals that she has outlined here today, and I wonder if the fellow commissioners would be amenable to having that ordinance reviewed by our legal staff and coordinated with the sheriffs department and then bring that back to us for a -- for a public hearing in the future, in the near future hopefully. So that would be my motion. COMMISSIONER FIALA: And I'll second the motion. CHAIRMAN COLETTA: Okay. Commissioner Halas, before we go to question -- count on the motion. COMMISSIONER HALAS: I have some concerns, I believe that Senator Saunders is moving forward in regards to a bill in the senate addressing this particular issue. And I, myself, would like to see what the state is going to do on behalf of this. I have some concerns about, if a sexual predator and someone that had a sexual offense is going to be in the same category. As you Page 43 January 9, 2007 know, there's times in a person's life when they're young where they may date a girl that is younger than they are by a couple of years, and if there is some, how do I say it, hanky-panky that goes on, that person can be charged with a sexual offense. So I hate to see that person -- and it may be the only time he's ever involved, and it's because of dating a person, whether it's a male or female, that they have a -- cohabitate, let's say, that he's charged with a sexual offense or she is charged with a sexual offense, and how does that weigh in? So that's my concerns. And I think that myself, I'd like to see the state address this issue, and I think that's in the upcoming legislation. CHAIRMAN COLETTA: Perhaps Commissioner Coyle may want to include something in his motion, the fact that we get a report back about where the state is on this at that time, and that might be able to address your concerns. COMMISSIONER COYLE: Well, you see, I don't have nearly as much confidence that the state will move as quickly as we will move, and I would hate to see an unfortunate incident occur because we delayed action here in Collier County. We know that these things can be debated for years in the state legislature. No matter what the good intentions are of the people who sponsor them, it doesn't guarantee that it's going to get implemented anytime soon. It's a simple matter for us to make our decision. And then if the state takes action, fine, then our ordinance is subordinate to the state law. CHAIRMAN COLETTA: Then if I may -- I don't mean to interrupt you, but I was addressing Commissioner Halas' concern. There's nothing to prevent Commissioner Halas at the time that this came before the commission -- COMMISSIONER COYLE: To discuss that, that's right, that's right. The time for discussion is at the time when we get the report back concerning the recommended ordinance, because there are definitions of sexual predators here that I think will address Page 44 January 9, 2007 Commissioner Halas' concern. CHAIRMAN COLETTA: We don't need to go into that today. COMMISSIONER COYLE: No, that's right. We can address that. It's a valid concern and we can address it at the time when we bring it back for debate. CHAIRMAN COLETTA: Thank you. Commissioner Fiala? COMMISSIONER FIALA: Yes. The reason I seconded it is, I totally agree that I think we should be acting upon something right now. By the time we wait for it to get through the legislature and then become law, it's going to be a long time. And I know in our neighborhood we have an individual who works for the court systems, and she believes that sexual predators should -- because they -- when they get out of jail, they have no place to go at that time, so she rents her rooms out, and it's right at the bus stop area, and we're having a tremendous problem with that. And we've had the neighborhood rise and try and fight that -- but anyway, but that's a constant happening as well. And so I just feel that if we have something that would protect our children just a little bit more, and quickly, that it's important to do that. So I agree, we should bring it back, and I won't say any more on that now. CHAIRMAN COLETTA: And if we -- I think we've got enough agreement. Go ahead, Commissioner Halas. COMMISSIONER HALAS: Yeah, I guess I want -- this question is directed to Commissioner Fiala. Has there been incidences since this person has been released from j ail or -- COMMISSIONER FIALA: Oh, yes, yes. COMMISSIONER HALAS: If that's the case, then why-- COMMISSIONER FIALA: Oh, they did. They picked him up. They picked him up. COMMISSIONER HALAS: Then he should be locked up again. COMMISSIONER FIALA: Oh, he was. And he's back out Page 45 January 9, 2007 again. But he was, he was picked up, he was put back in jail, he got out again. And that isn't the point, the point is -- the point is, we should be enacting it now while we wait for the state to put their thing into -- CHAIRMAN COLETTA: We're not going to decide this judgment -- COMMISSIONER FIALA: And we're not judge and jury by anybody, right. CHAIRMAN COLETTA: -- this agenda item at this time. But we have a motion on the floor. If there's any new discussion on this, I'll listen to it. If not, I'm calling the motion. All those in favor of bringing this back for a future agenda, please indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it unanimously. Thank you very much. MS. YOUNG: Thank you very much. MR. WEIGEL: Mr. Chairman, County Attorney. CHAIRMAN COLETTA: Yes, Mr. Weigel. MR. WEIGEL: Thank you. I want to make sure that, from the outset, that we're clear on our direction, and that is, I believe the staff has directed, county attorney staff particularly, to, of course, review the information provided, to come back with a report -- CHAIRMAN COLETTA: Talk right into the mike, Mr. Weigel. MR. WEIGEL: Pardon me -- to come back with a report to the board. We can either report at a board meeting or provide you a Page 46 January 9, 2007 memo report prior to setting an agenda item. But at this point in time we are not going to advertise an ordinance but merely report back to you as to, one, the kind of -- CHAIRMAN COLETTA: I have to ask the motion maker to clarify his motion. COMMISSIONER COYLE: Okay. Thank you, Mr. Chairman. It would be my expectation that what the county attorney would do is to review the submitted -- the recommended ordinance and advise us of any problems with it -- MR. WEIGEL: Okay. COMMISSIONER COYLE: -- and -- but we schedule a public hearing for consideration of this ordinance, and at that point in time, we would take into consideration public comments as well as the county attorney's concerns about the ordinance itself and make necessary revisions to it if -- at that point in time and make a final decision on the ordinance at that time. That way we get it all done in one meeting rather than scheduling multiple meetings for it. CHAIRMAN COLETTA: I agree with you. Commissioner Fiala, is that what you agree with? COMMISSIONER FIALA: Yes. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: And I believe what I heard is work with the sheriffs department-- COMMISSIONER COYLE: Yes. COMMISSIONER HENNING: -- as far as enforcement. We would like to know how it's going to affect that part of government. COMMISSIONER COYLE: That's right. MR. WEIGEL: Very good. COMMISSIONER COYLE: And we'll sort that out during the public hearing. We'll probably have the sheriffs people here, too. CHAIRMAN COLETTA: You have enough guidance now, Mr. Weigel? Page 47 January 9, 2007 MR. WEIGEL: I do. And we'll make sure that our submittal is broad enough to handle any nuances that the board may wish to consider beyond what's been provided by Ms. Long (sic). And as Mr. Henning indicated, we'll be looking and reporting to you in regard to the enforcement aspects as well, so I appreciate that. CHAIRMAN COLETTA: Okay. And we're coming up on 10:30. Rather than go to the next petition and -- at this point we're going to take a break so the court reporter can also have a break. Ten minutes, then we'll be back. (A brief recess was had.) CHAIRMAN COLETTA: Please take your seats, ladies and gentlemen. We have three commissioners here, so we can proceed. Mr. Mudd? MR. MUDD: Sir, you -- you have a hot mike, sir. CHAIRMAN COLETTA: Okay. Mr. Mudd? Item #6B PUBLIC PETITION TO DISCUSS FIGHTING AGAINST INSURANCE RATES - STAFF DIRECTED TO RETURN WITH A CONTRACT AND BRING BACK TO A FUTURE BCC MEETING - APPROVED MR. MUDD: Commissioner, that brings us to our next public petition, and this is the public petition request by Bobbie Dusek to discuss the fighting against insurance rates. Ms. Dusek? And I hope I pronounced it right. MS. DUSEK: Yes, you did. Good morning -- it's still morning -- Commissioners, Mr. Weigel, Mr. Mudd, staff, and audience. I'm Bobbie Dusek, president of FAIR. So October 5, 2006, 14 people got together due to the Page 48 January 9, 2007 catastrophic insurance rates that took place last year, and they decided that they wanted to do something about it. So they organized a group called FAIR which means, fighting against insurance rates. Today our membership is at 700, and this box is part of our membership form. The membership has three members on each page. We expect by the end of this week that we'll probably have 1,000 members because we get new members every single day. We have a mission, and our mission is to reduce insurance rates in Collier County and ensure that we have insurance reform. I -- we have meetings once a month, and at our meetings we bring in different speakers from different businesses to tell us how insurance has affected their live. I also want you to know that FAIR did not organize just for this year. We intend to be a watchdog group forever because we never want to see what happened last year to happen again. Now, we know that there is going to be a special session a week from today in Tallahassee where all of the legislators will get together and they will discuss for four days the insurance crisis. I intend to attend part of that session. I want to make sure that they're all speaking positively about it. We, as a group, have spoken to Representative Garrett Richter, we have spoken to Representative Mike Davis, we have spoken to Representative David Rivera, and we have spoken to Senator Burt Saunders. It has always been positive when we've met with them. We know that the legislators -- I have my show and tell -- are going to be discussing everything that you see in this. And it's both sides of the paper. So they have a big agenda ahead of them. We know that Governor Bush designated a reform coalition group who came up with a 204-page document which the legislators will also be discussing. We also know that Governor Crist is adamantly in favor of getting the rates reduced. We also are aware that legislators will make laws and they will Page 49 January 9, 2007 repeal laws. We don't expect that this coming Tuesday that, perhaps, some definite decisions will be made, and that's why we want to stay on top of it completely. Why I am here today is the bear -- FAIR has a budget, and our budget is $250,000. That budget is from the latter part of 2006 into 2007 . FAIR, through their fundraising efforts, will try to raise $100,000. I want you also to know that we have a wonderful superior group of volunteers. They are doing research for us, they are doing fundraising for us, they are doing outreach, because we want to reach everybody in Collier County . We know that both individuals and businesses have been affected. Weare working toward getting Immokalee and Everglades City involved. Marco Island is already onboard. They have a faction started there which is part of FAIR, and I have been called by several people in Lee County who want to be a part of FAIR for Collier, but I said, you're not in Collier County, so they want to take the lead in Lee County, and they are now organizing FAIR for Lee. In this budget we are going to ask the county commissioners to help us fund an actuary and an insurance attorney. And we have decided -- we didn't decide. We have done some research and we found out that that would be about $150,000. The actuary will gather relevant information, review insurance company ratings with particular attention to Collier County, prepare a rate reduction for Collier County homeowners and commercial insurance, evaluate regulatory and legislative issues and proposals, provide assistance in presenting information to the OIR, the Florida legislature, and any other government entities. The insurance attorney will take us through the legal process. The actuary that we would like to hire is one that was successful in both Monroe County and Pasco County. Last month I sent you a copy of the actuary report that was done in Monroe County. I also sent you Page 50 January 9, 2007 a preliminary proposal that this actuary proposes for Collier County. We need to have a professional research person who will do the research and substantiate the rates, the claims, the payout histories in the last few years for Collier County. It will give all of us a baseline in which to work and focus our efforts for property insurance rate reductions. We don't want to just see reform. We want these rates rolled back. The actuary work -- the work person will work with our county counsel, as well as risk management. I might also add that when I spoke to Jeff Walker, this was the same actuary that he also recommended. We ask, again, that you stand behind us. Commissioner Coyle, Commissioner Halas, Commissioner Coletta, Commissioner Fiala, Commissioner Henning, will you stand behind us and the people of Collier County and do the funding for the actuary? Thank you. CHAIRMAN COLETTA: Thank you. Commissioner Coyle? COMMISSIONER COYLE: Yeah, I don't know how my light got turned on. I think it was from the last time. CHAIRMAN COLETTA: I turned it on for you, sir. COMMISSIONER COYLE: Oh, did you? CHAIRMAN COLETTA: I figured you were ready to say something. COMMISSIONER COYLE: In that case I'll take advantage of the opportunity. Bobbie, I think what you're doing is absolutely wonderful, and please give me one of your membership forms. I'd like to become a member. And I will personally contribute money to this process, whether the commission does or not. What the actuary did in Pasco, as I understand it, was it took a look at Citizens' Insurance rates. MS. DUSEK: Yes. Page 51 January 9, 2007 COMMISSIONER COYLE: Now Citizens Insurance doesn't really cover all the property in Collier County. In fact, it only covers a small portion of the property in Collier County. The rates that people experience who are insured by other carriers other than Citizens Insurance have gone up astronomically too, as have their deductibles. Is it your intent to take a look at all insurance rates in Collier County or concentrate only on Citizens? MS. DUSEK: No. You are correct, in both Monroe and Pasco, it was Citizens. I will tell you that every day there are more and more people in Collier County going into Citizens, not by choice. But the actuary would also do the major insurance companies as well. COMMISSIONER COYLE: Okay. That's critical because the concept that the legislature seems to be focusing on, which is hardening properties and renovating them to code, is, in my opinion, a very shortsighted and unproductive process. We have to have fundamental changes in the way insurance rates are determined and the way the policies and deductibles are administered throughout the State of Florida, but I'll restrict my comments to Collier. And I would hope that we would be able to begin to focus on those fundamental changes rather than just dealing with the way somebody calculated a rate last year, because the very major increases in deductibles are, in fact, rate increases, and I don't think anybody has been talking about those. I know that my deductible increased 10 times. It's 10 times higher now than it was in the year 2000. I know that my rates are at least three times as high as they were in 2000. And finally I know that my hurricane coverage costs represent 90 percent of my entire insurance bill. MS. DUSEK: That's correct. COMMISSIONER COYLE: So if we can do something with the hurricane portions of the bills, then we get a major, major reduction in rates. And I'm talking about 50 percent or 75 percent reductions, and Page 52 January 9, 2007 there's ways to do that without increasing the risks of the insurance companIes. So I would be happy to do whatever I can to help you get that done. Getting money from the government to fund that might be problematic, but I'll leave that up to -- MS. DUSEK: I might just make a remark. To your mitigation, hardening of the property, that is going to be a very small portion. I've read through the coalition report. I've just begun to read through what the legislators are going to be reviewing, and mitigation is going to be a small part. COMMISSIONER COYLE: Good. MS. DUSEK: I will also tell you that in speaking to a risk manager just yesterday who handles a lot of properties the insurance companies are now demanding that they do mitigation before they write policies, so -- how you get your credits. So I think that's just going to be a small portion. Yes, you should mitigate your property, harden it, so that you could get coverage. And the high deductibles is also an issue. It's a very complex situation. And we, as volunteers, we do have one committee member who just joined us who is going to actually configure a hurricane model. He has an extensive background in this kind of research and is in the process of doing that for our committee. But we can only go so far and the credibility of a volunteer organization can only go so far to help the people in Collier County, and that's why an actuary is just so very important. I can't emphasize how important it will be. CHAIRMAN COLETTA: Yeah. I want the commission to concentrate on why we're here. We're here not to get too deep detail about insurance. As we all know, there's a serious problem, and I think we're also agreeing that we do support FAIR. I heard that before the last time they came before us. Page 53 January 9, 2007 And by the way, I would like a membership, and 10 percent of what Coyle's going to donate, count it towards me, because I'm the one that set him up. But a couple things. Grass-roots movements. Every one of these commissioners are totally familiar with grass-roots movements. We've been involved in them years before we became commissioners, and that eventually led up to where we are today, so we're very supportive of it. Now, the thing is, is how the Collier County government comes into playas far as helping out with the funding of it. I think that if we earmark money directly for your organization, we may find that there's other people out there that will say, well, why do we have to give if the county government's going to reach the cost? And I know you're doing some tremendous efforts out there to get donations. But if this commission's interested in bringing it back, I'd like to take a look at the idea that we recognize the efforts that are taking place there to do some sort of match fund, like for every two dollars you raise, we raise -- we put in one or something so that we have that public involvement, because that's so important. This cannot become a Collier County Commission effort. It's got to be a grass-roots effort from the outside, and we can participate individually and we can help you out a little bit with funding, but we want to make sure that the public understands at all times, this is their effort to make it work. MS. DUSEK: Let me address that also. The contract with the actuary would be with the county. It would not be with FAIR. FAIR is your backup. But the contract with the actuary and the insurance attorney -- and I will tell you in both Monroe County and Pasco County, the county commissioners, the City Council of Key West, they all went together and hired the actuary and the insurance attorney. So they were the ones. They were doing it for the citizens. I mean, if you -- if you would say that it's because of FAIR that you're doing it, it really isn't. It's -- you're doing it for the citizens. Page 54 January 9, 2007 You represent everybody. And FAIR is just kind of nudging people to do things. And we're going to do our best to do reserve as well. But we need a professional person to help us get in and -- CHAIRMAN COLETTA: Well, let's see if we can get direction from the commission to where we can go with this. Commissioner Henning? COMMISSIONER HENNING: Yeah. I, just as of this morning, was brought to my attention that one of the things the legislators in the special session is going to consider is for Citizens Insurance to set the stage for other insurance companies in the State of Florida. I don't know what the outcome is going to be in this special session, but if there's a way to serve the citizens of Collier County by reducing their insurance costs by a substantial amount, we ought to take the action and step up and do that. So I'm going to make a motion that we direct staff, after the special session, come back with recommendations to hire an actuary and an attorney specialized in insurance to reduce the rates to the citizens and businesses in Collier County. COMMISSIONER FIALA: Okay. I'll second that motion. CHAIRMAN COLETTA: Okay. We have a motion by Commissioner Henning and a second by Commissioner Fiala. I'm going to ask the commissioners to direct their comments to the motion at this time, if they would, please. Let's see. Commissioner Henning, you just went. Commissioner COMMISSIONER HALAS: I think I'm next. CHAIRMAN COLETTA: You're next? COMMISSIONER HALAS: Yes. CHAIRMAN COLETTA: Commissioner Halas. COMMISSIONER HALAS: Yeah. I have some concerns in the arena of just approaching Citizens Insurance only. A lot of these companies that are Fortune 500 companies don't want to -- don't want Page 55 January 9, 2007 to cover windstorm or homeowner insurance but yet they're here and they want to cover boats, they want to cover cars, they want to cover everything else except other items. And these people have been extracting money out of the citizens of all the State of Florida, and now they're in the process of saying, well, we're not going to cover you anymore, so now you have to go into the Citizens type of insurance, and I've got some real problems with that. I feel that this is a state problem, and I believe -- I hope that our elected officials in Tallahassee will make sure that they direct their efforts in regards to addressing all insurance and not just what -- the state form of insurances of the Citizens type. MS. DUSEK: They are -- CHAIRMAN COLETTA: Let's see. Commissioner Henning's motion was to wait until after the special session -- COMMISSIONER HALAS: Yep. CHAIRMAN COLETTA: -- so that we would be able to address some of that. Commissioner Coyle? COMMISSIONER COYLE: Yeah. I just wanted to ask a question about that. Would there be anything wrong with us getting the actuary now to begin compiling data? Because we'll need data no matter what the special session determines, I think. COMMISSIONER HALAS: You're going to have to -- somebody's going to have to pay him. COMMISSIONER COYLE: Yeah, I understand. I understand that. And I'll tell you, I've been trying to collect information on this now for about the last two or three weeks. I can tell you it is very difficult to get the kinds of information we need to make these decisions. So all I would suggest to you is we need information. Would you be supportive of modifying your motion to just have us go ahead and try to find someone who can get the necessary information for us, and Page 56 January 9, 2007 then we can refine the information we need after the session? That way we won't lose so much time. COMMISSIONER HENNING: Yeah. I'm all in favor -- and I'll make it part of my motion -- to direct staff to have a -- an item on the agenda after the special session to hire an actuary and an attorney in litigation of insurance. That's -- that would be their specialty. So we're ready to go once we understand what the state legislators send to the governor. COMMISSIONER COYLE: I'm just concerned about the time delay. COMMISSIONER HENNING: Sure. COMMISSIONER COYLE: I mean, if we wait until it goes to the governor, our actuary will not have enough time to gather the information to then advise us as to what we should do, and it would be better, I think, if we got the actuary working early rather than later, because the information's going to be useful no matter what happens in the legislative session. COMMISSIONER HENNING: But we don't know what the legislators are going to enact. That's my concern. COMMISSIONER COYLE: Okay. COMMISSIONER HENNING: But I think that this process -- special session is supposed to take place in just a matter of days. COMMISSIONER COYLE: Sixteenth. MS. DUSEK: Sixteen, next week. A week from today. COMMISSIONER HENNING: So we're going to know something very shortly what they're going to do. Our next agenda item -- or our next agenda day is, what, the 20 -- MR. MUDD: Third. COMMISSIONER HENNING: -- 23rd, so it might happen then or it might happen the week after. COMMISSIONER COYLE: Okay. MS. DUSEK: May I make a couple more comments? Am I Page 57 January 9, 2007 allowed to or -- CHAIRMAN COLETTA: Please, be brief. MS. DUSEK: Okay, all right. I just wanted you all to know that there are other groups forming throughout the state, and one of the groups is taking a different type of action, and that is to just get in bus loads and go up to Tallahassee, get on the steps and just scream and yell. I want you to know that FAIR is not organizing that way. We want to be educated. We want to do it correctly. We want to make change. And as Commissioner Coyle said, no matter when you get this information, it will be useful to you. It's information that we should have had years ago. CHAIRMAN COLETTA: Okay. And with that-- MS. DUSEK: Thank you. CHAIRMAN COLETTA: -- I'm going to call for the motion that was made by Commissioner Henning and seconded by Commissioner Fiala. All those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it. Bobbie, before you go -- MS. DUSEK: Yes. CHAIRMAN COLETTA: -- would you, over the air, give your contact information for anyone that wants to get in touch with you to join FAIR? MS. DUSEK: Yes. We have a blog site. It is Page 58 January 9, 2007 fairforcollier.wordpress.com, or you may call me at 659-6132. CHAIRMAN COLETTA: Thank you very much, Bobbie. MS. DUSEK: Thank you all very much. CHAIRMAN COLETTA: Mr. Weigel, you had a comment? MR. WEIGEL: Well, just another question for clarification. The board's motion relating to the timing of corning back before the board and! or any fiscal aspect at this point in time regarding hiring an actuary, could you help me with that a bit? COMMISSIONER HENNING: That will be after the special seSSIon. MR. WEIGEL: Okay. COMMISSIONER HENNING: We want it on our agenda after the special session -- I mean, I'm not talking about months. I'm talking right after their action -- MR. WEIGEL: Right. COMMISSIONER HENNING: -- bring back with -- you know, a contract with hiring an actuary. COMMISSIONER COYLE: First meeting in February maybe. COMMISSIONER HENNING: I think that would be very much appropriate. No later than the first meeting in February. MR. WEIGEL: Okay. Well, then again, from my understanding in working with staff and purchasing, for instance, under their policy, if we are to bring back a contract, we could work through the policy. And, again, we don't -- we don't at this point have enunciated by the board a fiscal parameter for the contract. So we may not have all the flesh on the bone of the contract that we bring back, but we could have selection and go forward at that point, or you may have an amount not to exceed. COMMISSIONER HENNING: No, I don't want that right now. MR. WEIGEL: All right. COMMISSIONER HENNING: We can make that decision later on. Page 59 January 9, 2007 MR. WEIGEL: And will you also be looking for the hiring of an attorney specialized in this area as well, insurance? COMMISSIONER HENNING: Yeah. That would come after all the information is gathered. MR. WEIGEL: Okay, very good. CHAIRMAN COLETTA: Do you have enough direction now? MR. WEIGEL: I think we do, and I appreciate that very much. CHAIRMAN COLETTA: Thank you. MR. MUDD: Commissioners, I also want you, while I'm -- and I'm not picking on you, but to add some issues. You have an actuary and you've had an attorney that have worked for two counties already that have been successful in reducing their rates. As part of direction to staff, we might come back to you and recommend that we use those same actuary and attorney that were successful already because they have -- they have experience with the process. So we might be asking to waive the Collier County purchasing policy in order to single source those particular folks. COMMISSIONER HENNING: Well, I think the previous action that we've done as far as procurement of purchasing goods and expertise, you have that ability -- MR. MUDD: Yes, sir. COMMISSIONER HENNING: -- don't you? MR. MUDD: Yes, sir. I just want to make sure I put it to you, because if you say, okay, we come back in January to go out with a contract for an actuary, if we're going out to bid it, it takes 30, 45 days to bid. And I don't believe that's where you want to go. COMMISSIONER HENNING: No. MR. MUDD: I think you want to be ready to go the first meeting in February; latest, last meeting in February, so that you have an actuary on payroll. COMMISSIONER HENNING: Right. MR. WEIGEL: Well, I'll just mention that I was note Page 60 January 9, 2007 contemplating a bidding scenario whatsoever. We may go -- could have gone with quotes, and certainly we can look at the people that have been utilized before and determine their ability and make a recommendation to the board on that. COMMISSIONER HENNING: Great. CHAIRMAN COLETTA: I think that's a wonderful start. Mr. Mudd, before you begin, today we will be breaking for lunch from 12 to one. Myself, I bring my own lunch, I don't care what time I go. But I know a lot of members of the commission and staff do have lunch plans at 12 o'clock. So just be forewarned that at 12 we'll break until one o'clock. Item #10B STATUS OF SOUTHWEST FLORIDA EXPRESSWAY AUTHORITY'S ACTIVITIES ON THE TOLL FEASIBILITY STUDIES FOR 1-75 AND OPTIONS DISCUSSED WITH THE BOARD - PRESENTED MR. MUDD: Commissioner, we have a time certain item at 11 today, and it is 11 :02 right now. And this is lOB, to provide on the status of the Southwest Florida Expressway Authority activities and the ongoing Toll Feasibility Studies for 1-75 and to discuss future options with the board. I believe Mr. Norman Feder, and I believe Mr. Don Scott, in this particular case, your director for planning for transportation, will introduce. MR. SCOTT: Don Scott, transportation planning. Yes, I'd like to introduce Adrien Share (phonetic) who is our -- with Wilbur Smith, who is the consultant, and also Bill Barton, who is the chairman of the Expressway Authority, who will make the presentation. MR. BARTON: As soon as I get a tutorial on your equipment. Page 61 January 9, 2007 MR. SCOTT: There you go. MR. BARTON: Good morning, Commissioners. For the record, my name is Bill Barton. I'm here today in my capacity as chairman of the Southwest Florida Expressway Authority. First, let me express our appreciation for you giving us a time concern in your busy agenda today, and we recognize how crowded your agenda is, and we will do everything in our power to make our presentation concise and informative. The issues have been evolving rapidly in this process of how we go about expanding and improving 1-75 at time frames earlier than have been contemplated to date. In fact, some of the issues we'll discuss with you today have evolved and -- important issues -- have evolved within the last 10 to 15 days. We just only discussed one of the major components of that with FDOT on Thursday and Friday of last week. So you can see how fast and rapidly things are going. Before I go any further, I'd also like to make you aware that also with us today is Bruce Anderson, who is also a member of the Expressway Authority Board, and of course, your own Commissioner Coletta is also a member. Don Scott of your staff, and Mr. Weigel's office have given us really, really good support, and I want to express our appreciation for you loaning those efforts to us. Additional resources. I'm going to go through these quickly. You can read some of the things I skip over. Additional resources, we have surrounded ourselves with truly talented people. Almost all of them you know. And, in fact, we have piggybacked on some of Collier County's contracts in some of these instances to speed up the selection of consultants and to take advantage of the lower fees that the county is able to get through its bargaining power. We would also like to point out that we see the public outreach of this effort as we go forward to be extremely important, and it's our Page 62 January 9, 2007 intent to review the short-listed and recommended public relations consultant at our January 18th board meeting, and hopefully that firm will be onboard shortly thereafter. Weare also well along the way in looking for an executive director. We have advertised for resumes. We have received those. They are in the process of being interviewed and short-listed as we speak. What I have before you now is the cross-section of the 1-75 improvements that are proposed by FDOT in their design build finance project. As we are all aware, that project is moving forward. FDOT is due to receive bids on that project the 23rd of February, and from our point of view, it is still in place to move forward. What I'm going to share with you now is what we're dealing with and why it is so important that we as Southwest Florida find some means of improving this highway more rapidly than one might expect without some form of tolling. If you look at the graph in front of you, you will see that these are proj ections of levels of service in the year 2015 . You will see levels of service in red are either F or E, both of which are considered failing. Ifwe leave the four-lane in place, then obviously all segments of that highway will be failing in 2015. And as we are all aware, virtually all of them are failing today. If we go with some form of six -lane configuration, that is adding five and six, which FDOT is currently proposing, we find that also in 2015 nearly all of the segments will be failing. And I want the commissioners to be aware that these levels of service take into account all existing and proposed north/south corridors. So all of the ones that are being built today and are on the books to be built, they're factored into this, and these are the results after the -- assuming that all of those corridors are in place. To date, the conventional wisdom of, okay, how do we move this along faster, was to think in terms of delaying or doing away with the Page 63 January 9, 2007 addition of lane five and six and moving toward a, what we refer to as a four-by-four, which is four general purpose lanes and four tolled lanes. If that were done, then we would find that in 2015 still three of those segments of that highway would be at level of service failing. So although it certainly would be a better solution than the six lanes, it also carries with it some significant problems. Ifwe went to the four-by-four section, the first problem it presents is a significant delay in improvements. It would be a delay of at least 18 months, probably closer to 24. So instead of having a finished improved highway in late 2010, we wouldn't be able to expect that probably until 2012. Add to that, that changing that course of action would also require a change in the federal enabling legislation on the earmark of $81 million. As we all know, anytime you begin to change legislative language, you run great risk that it's not going to work. So to go from the plan of adding five and six to a four-by-four would, indeed, put that $81 million at risk, which we believe is an inappropriate thing to do. Next we currently have in that highway a 44- foot strip down the middle which is designated and reserved as a multi-modal corridor. The most cost effective means of building the four-by-four would be to put the two new lanes on the inside of the existing lanes. If that is done, that 44 foot virtually goes away in nearly two-thirds the length of that 35-mile stretch. That corridor may not seem important to us today, but at some point in the future, we've got to find ways of moving Southwest Floridians other than automobiles on pavement. And to -- and the need to try to preserve that, in my mind, is critical when we get into the decade of2030. If it goes away, then we've got to worry about, how do you place it, and with the cost of right-of-way accelerating as Page 64 January 9, 2007 it has been, that's going to be a chore. So that is also a negative from our point of view. And finally, in an I8-month to 24-month delay and the pressures and the demands that are constantly put on FDOT, we have great concern that a significant amount of the money that FDOT currently has earmarked for this project would begin to erode and evaporate. We see that as a serious negative. So the change to the four-by-four is something that we are in much less favor of now than we might have been several months ago. What I'm looking at here is what we've just described as the four-by-four, which I've outlined the -- what we view as the negatives to that approach. The -- next let us look at -- and I'm building here. This is the FDOT proj ect. But what if, what if, we made a decision to place a toll on those lanes five and six immediately as they were opened? This would allow FDOT to move forward with their six-lane project, would not -- we don't believe there would be any jeopardy to the earmark, but we'd have to study that some more. It would keep in place all of the FDOT funds that are currently earmarked for this proj ect. There would be no delay, and it would begin revenues earlier in the project which obviously then would allow us to move future improvements forward in time, because as these revenues generate, they can be used for the future improvements. What we -- and I'm going to go back just a moment. Look at this chart again and see what happens in 2015 with eight lanes, but look at what happens in 2015 with 10 lanes, which is what this highway is ultimately designed to utilize. It then provides us with the level of service that our working men and women and our business and our traveling public really need on that 35-mile stretch of highway. So what we are contemplating now is a two-step process. The first of those would be to toll lane five and six, and I would emphasize Page 65 January 9, 2007 that there would be no tollbooths. All of this would be electronic. And I would also emphasize that this would not be a first. There are already in the -- or in the United States, one in Minnesota, one in Colorado, highways that are doing precisely what we're suggesting there, and that is contiguous lanes, two general purpose, one toll. And our next step, which we believe could be accomplished by, as early as an opening in 2014, maybe 2015, is to build those last two lanes. We would then have a 10-lane section. And keep in mind, one of the beauties of this is it allows us to phase this. So if you go back to the level of service chart that I showed you, and it showed that we have segments that are much more heavily traveled than others. So the Expressway Authority could look at those, see which are financially feasible, and continue to improve that highway as the demand required. In the end product, what we would have is a total of six lanes tolled and four lanes general purpose. So throughout the entire process, we would have four lanes of general purpose roadway consistently. In every instance, the traveling public would have the ability to choose. Do I wish to use the expressway and pay a toll, or do I prefer to use the general purpose lanes? So we see this buildout as serving many purposes. It gets us what we need when we need it. It allows us to phase the product as it goes. In introducing the toll on lane five and six, not only does it generate capital which will allow this all to happen in this earlier time frame, but -- forgive me if I dwell on the negative for a minute -- but FDOT is receiving their bids on the 23rd of February. And as you would expect, there's no small amount of concern that those bids will be higher than estimates. As a consequence, FDOT has built into that bid exclusions so that if the bid amount exceeds the budget, they are able to take elements out of it. The first one, if I'm not mistaken, is the elimination Page 66 January 9, 2007 of improvements to Daniels interchange. If we have lanes five and six tolled, there may be the opportunity for us to use some of these toll revenues to put those items back in the bid so that we do, in fact, get the improvement that we're expecting out of this lanes five and six that FDOT is moving forward with. So there's a lot of advantages to that process. The other advantage it would give us is that it would -- tolling lane five and six would give us a tolling history on this segment of highway. And as each of you are well aware, tolling history is really important when you deal with bond issuers. It takes an element of risk out of the issue. It gives those that are issuing bonds the knowledge, okay, this highway is already producing this, so I don't have to rely totally on projections by consultants. Now I've got data. That would do two things. It would enhance our ability to sell those bonds and we believe it would reduce the interest rates on those bonds significantly, which obviously would help us again. The footprint is, as shown here, is consistent with FDOT's ultimate 2030 plan, which we see as another advantage to this process. What I have before you now is a comparative schedule. Based on FDOT's current plans, they would see opening the lanes five and six in late 2010. Ifwe were to try to approach a four-by-four alternative, we know that the earliest we could expect that to open is 2012, probably late 2012. However, if we follow the course of action that I've just outlined, FDOT lane five and six goes forward. It still opens in late 2010; however, now we have an advent, depending on financial feasibility -- and those numbers have not yet been crunched. We don't expect them probably for a week after our meeting of the 18th this month. But we're convinced -- the early indications are that we could have 10 lanes in place in the most difficult segments of that highway as early as 2013, but certainly we think it will happen by 2015. So that's kind of where we're headed right now. I want to Page 67 January 9, 2007 emphasize that there's still caveats here that have not yet been looked at. We have not got the numbers crunched yet. All of the preliminary indications I have shared with you today. But until those numbers are crunched, I can't tell you for certain that the plan I've outlined today would work. If it is, what would be our implementation plan? First, as I mentioned earlier, public outreach is critical to educate Southwest Floridians on these various alternatives so that they understand them and then can either show or not show support for what we're trying to accomplish. But we want to make sure that they are well educated before they make a decision which of the various alternatives they might approach. We will continue to work very, very closely with this commission. We're here today knowing -- and I said earlier that you'll probably have some good questions today that I can't answer yet, but it's important for -- in our mind for us to be in this together. We're partners in this. We need to share this process with you as it evolves. We need your questions, your concerns, your comments. As things are evolving, what we don't want to do is come to a bunch of conclusions and then come share them with you. That's an inappropriate way to do that. So we're looking forward to your input into this. Obviously we will need to work closely with FDOT and the Federal Highway Administration. I will tell you that this morning we are in the process of getting appointments with the Federal Highway Administration to share some of these thoughts with them. The construction can be phased, as I said earlier, which is an extremely important element in this process. I'll reiterate a couple of these. What are the benefits of the four-by-six alternative, four general purpose lanes, six tolled lanes? Number one, FDOT maintains its current project and schedule; number two, the preserve median for the multi-modal corridor is Page 68 January 9, 2007 preserved; number three, the 10-lane section can be open to traffic up to 15 years earlier than it would be if we simply waited for conventional funding; and number four, the permanent revenue stream for future transportation funding from these tolls could very well help us in the issue I spoke of earlier, and that is, what's the next step? What's the step when the 10 lanes begin to fail? We've got to find other modes of transportation, and the tolls that -- the toll revenue that we see coming from this, we believe, could be a significant part of that process. What are the critical elements of the success of four-by-six if it is feasible? Number one is that, financial feasibility, that allows the improvements on the approximate schedule that I've outlined today. Number two, that the federal earmark is not jeopardized. And we are in the process of chasing that down as we speak. Public outreach secures support of Collier Commissions, congressional delegations and Southwest Floridians, and that we receive cooperation from FDOT. And I will tell you that FDOT has already indicated to us that if we do these things, if the federal earmark is not jeopardized, if they get resolutions from the two county commissions and if they feel comfortable that the majority of Southwest Floridians will embrace this process, they will cooperate. They have already told us that. In conclusion, the -- to complete the pending FDOT project and then do nothing more until conventional funding can improve that highway, which is projected to be 2030, is simply not a solution. It's a disaster. For us to change to the four-by-four tolled section -- although it probably would be a better solution than number one that I just outlined -- we still see it as an alternative that is not desirable as -- for the reasons I've stated earlier. The third item -- the third plan of action that I've outlined for you today, if it is financially feasible and community acceptable, we are, Page 69 January 9, 2007 right now, leaning toward that direction, and we think that's the way we would like to go. In concluding, let me tell you I understand that I've given you a lot of information in a really short period of time, and it's a complicated subj ect. And I want to offer our willingness to meet with any and all of you individually one on one, if you'd like to do that, so that we can spend a little more time actually going back into the thought processes that got us to where we are today, and we'll be pleased to do that. And I'll be happy to try to answer any questions today if you have them. CHAIRMAN COLETTA: Oh, you better believe they do, Bill. They're all lined right up here. Commissioner Coyle will go first, he'll be followed by Henning, Fiala and Halas. Commissioner Coyle? COMMISSIONER COYLE: Bill, when do you expect to determine FDOT's position on your proposal? MR. BARTON: Commissioner, the issue of the earmark, we should be able to deal with pretty rapidly, and of course, that's one of the main issues. Once the financial feasibility is determined -- and let's assume for a moment it's positive and it does, indeed, allow us to implement this plan within the time frames we're thinking now -- we would then come back to this commission and to the Lee County Commission and ask you for a resolution of support. With those two things in place, we think that their position would be forthcoming within -- I'll grab a number -- within 90 days after that. But the beauty of this is, we've got some time. Because what would happen in this is that FDOT would introduce a change order to their contractor to construct the tolling equipment in that lane five and six. That would not take obviously as long to build as does the highway Page 70 January 9, 2007 itself. So it's not a change order that has to happen in the next 90 days or 120 days. It could happen as much as nine or 10 months from now and probably still dovetail with the completion of construction in late 2010. COMMISSIONER COYLE: Okay. Well, it seems to me that our earlier concern was that the tollway authority's proposal would delay FDOT, and FDOT wasn't willing to be delayed. I think I'm correct in summarizing your current proposal as saying that you can work it out so that they don't have to be delayed. They can start and they can have those lanes available when they said they would be available, and you can still get the toll lanes later on? MR. BARTON: Yes, sir. COMMISSIONER COYLE: And that's a fair assessment, right? MR. BARTON: Yes, sir. COMMISSIONER COYLE: Okay. Thank you very much, Bill. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Mr. Barton. MR. BARTON: Yes. COMMISSIONER HENNING: The level of service chart that you provided -- MR. BARTON: Yes, sir. COMMISSIONER HENNING: -- included the improvements already projected. Did that include 951? MR. BARTON: Yes. COMMISSIONER HENNING: It did? MR. BARTON: Yes. COMMISSIONER HENNING: And my understanding is everybody's pulling back on 951. MR. BARTON: Which-- COMMISSIONER HENNING: So it makes it even worse, that scenano. MR. BARTON: Yes, sir. Page 71 January 9, 2007 COMMISSIONER HENNING: Well, I was thinking maybe that we could have a limited north/south corridor on 951 tolled. MR. BARTON: I'll say that. Adrien, am I correct in that? MR. SHARE: I believe that these are turnpike numbers. We'll need to verify with that. COMMISSIONER HENNING: Okay. MR. BARTON: Rather than recreate the wheel, our consultant used FTE's -- Florida Turnpike Enterprises computations on the traffic generation. My understanding from them is, yes, we have included all corridors that are existing or proposed. COMMISSIONER HENNING: Proposed? MR. BARTON: Yes. COMMISSIONER HENNING: Yeah. I don't believe that local traffic should be using interstates to get to its destination. I think we need to look at other opportunities. But if it included 951, the scenario is just going to look worse. MR. BARTON: Yes. COMMISSIONER HENNING: So we need to do -- do something. Thank you. MR. BARTON: And Commissioner, you and I both understand that interstates in their conceptual form are intended for through traffic, to move traffic from one destination to another. But I will tell you that the numbers on 1-75 between Naples and Fort Myers right now is 85 percent local traffic, 15 percent through traffic. COMMISSIONER HENNING: And that's because they don't have a choice. Everybody wants a traffic light, so U.S. 41 is bogged down with traffic lights. MR. BARTON: Yep. COMMISSIONER HENNING: You know, Livingston Road's going to go further north, but not far enough. MR. BARTON: And that's not unique. We're certainly not unique. Most metropolitan areas are experiencing this same Page 72 January 9, 2007 problematic use and turning interstates into local highways. COMMISSIONER HENNING: Yeah. I think we need to eventually bite the bullet and put in a new road, toll it, and make it limited, and it's going to hurt some people. But for the greater good of the community, we need to make that decision. CHAIRMAN COLETTA: Madam, may I jump in front of you for just a second? COMMISSIONER FIALA: Sure. CHAIRMAN COLETTA: Thank you. On the 951 issue, I'm glad you brought up the fact that that's going to be an important part of our transportation agenda to be able to go from Immokalee Road over to Bonita Beach and from there on up to Alico. The -- when we were enabled by the state, the statute to put it together, the express authority, it specifically at that time -- because 951 was a bone of contention -- they put it in there that we could not in any way include that as part of our authority. Now, of course, rules changed by man can be changed back the other way. There's nothing ever set to that point. And it may be a direction we'll have to think in the future. Commissioner Henning brought up a very good point. We can't rely on the 75 corridor alone to be able to meet the needs of Collier and Lee County or Charlotte. MR. BARTON: Absolutely, absolutely true. I will-- this is an interesting point that you make, Commissioner, on the Expressway Authority and its authority. I just happened to have read the enabling legislation yesterday, and I have been laboring under the misimpression that to change the authority's ability to be involved in a project other than 1-75 would require a legislative rewrite. And as I read the language, that's not true. CHAIRMAN COLETTA: Well, I think there's an exception just for 951. But in any case, we'll decide that later. MR. BARTON: Well, what is required under the terms of the Page 73 January 9, 2007 legislation is a resolution from both the county commissioners and any other governmental agency that might have authority over a roadway as a, for instance, if it were in a city. Those enabling legislations would allow the Expressway Authority to take on other proj ects if the two counties were desirous of that. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you. First of all, thank you so much for all you're doing. I know he's doing this all on a volunteer basis, and we really appreciate all your hard work, Bill, and your knowledge and background. One of the -- one of the first things I wanted to ask is, I understand there are two different -- two tolling companies -- not that you represent. You represent one, right, and that is the Expressway Authority. There's also the Florida Turnpike, right? And they collect tolls for things. That's what the state, I guess, works on. And I asked the question yesterday, because I didn't realize there were two different tolling authorities that could be used. I asked the question yesterday and found out, yes, there are. The one that you are working on here, the money stays within the counties that are part of it, whereas, the Florida Turnpike Enterprise, it goes to other counties all over the State of Florida; is that correct? MR. BARTON: Yes, it is correct. COMMISSIONER FIALA: Okay, fine. I thought that was interesting. The tolls that -- oh, first of all, can you tell me, about how many dollars do you think are collected in a year, or would be collected, projected to be collected for the toll five and six? MR. BARTON: That's one of those very good questions that I cannot answer yet. COMMISSIONER FIALA: Oh, okay. Yeah. It's an interesting MR. BARTON: We expect to have those numbers crunched and Page 74 January 9, 2007 hopefully have them back by the end of this month. COMMISSIONER FIALA: I asked that question because I thought, I can understand -- first of all, I'm delighted with the way you're moving forward on this, because we need those lanes right now. I was wondering if they could be tolled for, say, a period of five years to get the money to start you off but then eliminate the toll on five and six so that we'll have the six lanes general purpose and then four toll lanes? It would seem-- MR. BARTON: Commissioner, we can actually do any of those things. What it will do is shove the ultimate improvements back in time, because if -- it's logical for us to understand that if we have six toll lanes and four general purpose lanes, then the amount of toll revenue you're going to receive is higher. The higher the toll revenue, the quicker and higher your bonding capacity. So yes, we can look at all kinds of scenarios. All we have to do is decide on tradeoffs. If we want six general purpose lanes and only four toll lanes, that is absolutely possible, but what it will do is shove the improvement further into the future, and those are the tradeoffs. COMMISSIONER FIALA: Thank you. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: Excuse me. Bill, I'm a bit confused. We're talking about -- MR. BARTON: You're in good company. So am I. COMMISSIONER HALAS: Okay. We're talking about adding two additional lanes, one each way, and then I believe the scenario is to tax those lanes after we've already paid the taxes on that particular money that we're finally getting down here to Southwest Florida; is that correct? MR. BARTON: That's correct. COMMISSIONER HALAS: Okay. So we're bringing tax money back down here, we're going to build these lanes, and then we're going to turn around and tax or toll these particular two lanes for Page 75 January 9, 2007 improvements. Now, my concern is, is the toll money going to be used -- if we decide to go this way, is the toll money going to be used for additional lanes or is the toll money going to be used for putting in some type of a light rail system in the center? MR. BARTON: No. The toll revenue expected on lane five and six would be used exclusively to accelerate the addition of four more lanes on the interstate. COMMISSIONER HALAS: Okay. So now we get to 10 lanes. Now, if I think this out properly, it would seem that when we start to move in the 10 lane area, that we not only have to put in 10 lanes, but now we have to put in new overpasses and approaches and the whole nine yards. MR. BARTON: Yes, sir, that's correct. COMMISSIONER HALAS: And we have no idea what the magnitude of that cost is going to be? MR. BARTON: Well, we've run some general numbers on it, and those general numbers are bouncing around the 1.2 to 1.4 billion. COMMISSIONER HALAS: That's today's figures? MR. BARTON: Yes. COMMISSIONER HALAS: But that's not the figures that-- when the time comes to start expanding those overpasses? MR. BARTON: I'll ask Adrien to help me with this. And the answer to your question is, that's correct. But if we can do it in 2013, that number's going to be a whole lot lower than if we can't do it until 2018. CHAIRMAN COLETTA: Please state your name for the record. MR. SHARE: Adrien Share with Wilbur Smith & Associates, consultants to the Expressway Authority. Just a minor but important clarification on your question. In the 10-lane configuration, the current FDOT proj ect actually is building the interchanges. If bids come in where they want them, the Page 76 January 9, 2007 interchanges for the full -- accommodating the full future 10 lanes would be in place as part of DOT's current project, ifbids come in the way they want them to. The chairman pointed out there were some exclusions, and those would be the exclusions. Those interchanges will be backed off from that 10-year configuration, so you may have that. COMMISSIONER HALAS: Okay. So if we then put 10 lanes down, then we lose the ability -- in the footprint that we presently have, if we put 10 lanes down, then we lose the ability to have some type of light rail? MR. BARTON: No, sir. COMMISSIONER HALAS: Where's that going to fit into this? It seems to me you're going to have to add -- you're going to have to go out and purchase some additional right-of-way. MR. BARTON: No. That's the point I made earlier. Right now there's a 44- foot corridor right down through the middle of the right-of-way. The 10-lane section does not encroach on that 44-foot median. So that section stays in place when the 10-lane is in place. So the 44 foot that is aimed for modal corridor is not impacted by what we are proposing. COMMISSIONER HALAS: This -- you don't have to go out and get any additional right-of-way? MR. BARTON: Well, we'll have to go out and get the additional right-of-way that has not yet been able to be purchased by FDOT, which is in their plan to purchase, but it hasn't been purchased yet. That would be the only additional right-of-way. We would not have to go out and buy additional right-of-way for any kind of a light rail system. COMMISSIONER HALAS: What about taking care of stormwater? MR. BARTON: That also is being addressed by FDOT, and they are in the process of acquiring property. And their intent is actually to Page 77 January 9, 2007 build the stormwater retention systems for the entire 10-lane section during the six-lane project. And the reason for that is pretty simple, they need the fill. So if you go out and dig your excavations for stormwater management areas, you get the fill to build the highway with. So there's a method to their madness. So the answer to your question is, under the current plan, the storm water management areas will be in place. COMMISSIONER HALAS: Okay. I guess, Bill, my final question is, or my final analogy here would be that if we add the two additional lanes and then start tolling them, then we have to go and get involved in an educational process with the constituents and the people using that because they're going to say, well, wait a minute, we were promised these lanes, and now you're going to toll these lanes. I can see that that may be going down a slippery slope. MR. BARTON: You know, initially I would have thought that same thing. But I will share with you the fact that between Wilbur Smith & Associates and the Florida Turnpike Enterprise, there's been a total of 13 -- is that the right number -- focus group held both in Lee and Collier County, and I was amazed at the outcome of those focus groups. There was virtually no resistance to tolling if it would speed up the highways. I was -- I was taken aback. Focus group after focus group after focus group indicated, we're willing to pay a toll if you guys will go get this highway built the way -- so that it will transport us from one place to another. So the answer to your question is, is there a major public outreach required? Absolutely, absolutely. Do I think it's doable? Yes, sir, I do. CHAIRMAN COLETTA: Okay. Bill, thank you so much. We appreciate your presentation. It's been absolutely wonderful, and I know you're available if anyone has any questions? MR. BARTON: At any time. Thank you, Commissioners. Page 78 January 9, 2007 CHAIRMAN COLETTA: Thank you. Mr. Mudd, I think we can get Mr. Hamilton in. I really would like to see the mayor finish up so he doesn't get hungry and start taking it out on us. Item #6D REQUEST BY MAYOR SAMMY HAMILTON TO DISCUSS WAIVER OF EMS FEES FOR THE ANNUAL EVERGLADES CITY SEAFOOD FESTIVAL - APPROVED MR. MUDD: Commissioner, that brings us to public petition 6D, public petition request by Mayor Sammy Hamilton to discuss waiver of EMS fees for the annual Everglades City Seafood Festival. MAYOR HAMIL TON: Thank you, thank you. For the record, my name is Sammy Hamilton, Jr. I am the Mayor of Everglades City. I'm here today on behalf of the Everglades Seafood Festival. First I'd like to thank Chairman Jim Coletta, all the commissioners, and also Jim Mudd, County Manager Jim Mudd. And what I'm here for today, I'll make it short. Before I get into that, I have to tell a little joke. It's not ajoke. It's a philosophy. We could do the air taxing. Save a lot of these roads. No, I'm just joking. But anyways, I'm here today on account of, the seafood festival asked me to be here to waive the EMS, which we've never had to pay before, for the two days on the seafood festival. That would be Saturday and Sunday, first weekend in February. CHAIRMAN COLETTA: Mr. Hamilton -- excuse me, Mayor Hamilton, would you be so kind as to tell us what the money is used for that you make in the seafood festival? MAYOR HAMIL TON: I'm glad you asked that, Chairman. CHAIRMAN COLETTA: I'm reading from the script. MAYOR HAMILTON: That's all right. Actually, it's non-profit. Page 79 January 9,2007 And what we do with the money is to help the kids in our area, our surrounding area, aside the city, Chokoloskee and all the areas, give a scholarship for the people in schools, get them into college if they can't afford it. Also the kids that graduates out of high school at Everglades City, girls and boys, young men and women, that wants to be a fireman or EMS, which we've done in the past, we give them money for that. That's what the money is used for. CHAIRMAN COLETTA: Mr. Hamil -- Mayor Hamilton, didn't this also help to -- with the fire department there in Everglades City? I remember funds were directed there before, and that's a county facility. MAYOR HAMILTON: Correct. CHAIRMAN COLETTA: Parks and recs within Everglades City that benefit everyone in the surrounding area, money has been used for that, for the beautification. It's a wonderful effort that takes place. It's a community effort, unlike anything else quite in Collier County where the community's totally behind it in making it happen. I would like to see these funds waived at least for another year so that we can enable Everglades City to keep their mission going forward. There's nothing better than having the citizens raising money to be able to support their infrastructure. COMMISSIONER FIALA: Is that a motion? CHAIRMAN COLETTA: Motion's being made to that effect. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: We have a motion by myself, a second by Commissioner Fiala, and I see Commissioner Henning's light is on. COMMISSIONER HENNING: Is part of your motion that we're not setting -- we're not to set a precedent, we're going to do what we have done in the past for any other organizations? CHAIRMAN COLETTA: Right. We're recognizing the fact that this is not setting a precedence. It's been taking place for a number of Page 80 January 9, 2007 years. COMMISSIONER HENNING: Well, I'm talking-- COMMISSIONER FIALA: Second. COMMISSIONER HENNING: I'm talking about what we have done for other organizations. CHAIRMAN COLETTA: And special requests that we've received in the past that we've honored in similar situations. COMMISSIONER HENNING: So it's -- I mean, I thought Everglades Seafood Festival was a one-day event. CHAIRMAN COLETTA: No, it's a weekend. MAYOR HAMILTON: Two. COMMISSIONER HENNING: Always been two? MAYOR HAMILTON: First weekend in February every year. CHAIRMAN COLETTA: Of course, the commissioners are all invited to come to it. MAYOR HAMILTON: Always. CHAIRMAN COLETTA: Tell them about the opening, the grand opening. Get them up on stage and introduce them. MAYOR HAMILTON: That's correct. CHAIRMAN COLETTA: Not that you're trying to sway their votes in any way, I understand that. MAYOR HAMILTON: Never. CHAIRMAN COLETTA: Any other comments? We have a motion on the floor by Commissioner Coletta and a second by Commissioner Fiala to waive the fees. All those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER HALAS: Aye. Page 81 January 9, 2007 CHAIRMAN COLETTA: Okay. The ayes have it, 4-0, and Commissioner Halas voting in the negative. Thank you very much, Mayor. MAYOR HAMILTON: Thank you gentlemen, thank you, counsel. CHAIRMAN COLETTA: You want to try one more? What's the next one? Item #6E PUBLIC PETITION REQUESTED BY CHUCK MOHLKE REGARDING THE COUNTY COMMISSION DISTRICT BOUNDRIES - DISCUSSED MR. MUDD: Commissioner, this is a public petition request-- CHAIRMAN COLETTA: That's Chuck Mohlke. MR. MUDD: -- by Chuck Mohlke to discuss the county commissioners' district boundaries. Mr. Mohlke has asked me to pass out a particular letter from the League of Women Voters. I believe he's going to read that into the record. MR. MOHLKE: Good morning. For the record, my name is Chuck Mohlke. I'm a resident of the City of Naples, and I appear on this item after having been contacted by the County Manager's Office. And I have enjoyed support on this issue from the League of Women Voters, the executive committee of the National Association for the Advancement of Colored People, my political party and others. And my purpose in appearing here today is really very straightforward. Only in odd numbered years can the Board of County Commissioners and its counterpart, meaning the School District Board of Collier County, adjust district boundaries. This matter was discussed in a very forthcoming manner at the initiative of Commissioner Tom Henning back in September 13th of Page 82 January 9, 2007 2005. After a very fairly debated discussion, the board decided not to proceed with directing county staff to make recommendations to the board in regard to the adjustment of commission boundaries. If the board will recall at that time there was a difference of 19,478 persons between the most populated district and the least populated district. If the arithmetic were done today and you could presume, I think, fairly that the county population is now approximately 360,000 persons, that would mean equitably divided, 72,000 persons -- because that's what our law provides for is population, not registered voters -- living in each county commission district. So that discrepancy in the least fastest growing county commission district and the fastest growing county commission district could approximate probably 30,000 persons in population. The League of Women V oters has, from the letter that you've seen, made the essential point that this really is an issue of fairness in equity. The law provides in Florida, as you well know from the last discussion here, that in an odd numbered year in mid decade, the Board of County Commissioners shall have the privilege of adjusting its county commission boundaries to reflect population growth. The fairness and equity part of it essentially comes down to one very simple issue. If you live in a very populated district, your vote counts less than if you live in a less populated district. And because we elect a single member, these circumstances are somewhat exaggerated. If you elected at large, they would be less exaggerated because everybody would vote in these particular races. That is not true thanks to the voters of Collier County in their enactment of single member districts in March of 1988. It seemed appropriate to bring this issue to the board's attention so that it might review, using professional staff reports, as it did in 2005, to see whether or not this growth in population has, in fact, Page 83 January 9, 2007 exaggerated these differences, and then upon hearing that report, make a decision as to whether or not it wanted to make further recommendations regarding the adjustment of county commission district boundaries. To do this at the first commission meeting in an odd numbered year seemed entirely appropriate because so much will depend upon some things that will happen inevitably in 2008. It appears -- this is open to conjecture, I imagine. But it appears that there may be a legislative initiative to move up the date of the presidential primary. That will place a special burden on this commission, on the Supervisor of Elections and others to make what adjustments they need to make in precinct boundaries that would take into account other considerations that are inevitable before an important presidential election year. The request here is really very simple. It is simply to request of the Board of County Commissioners to agenda this item at a time appropriate to their needs so that it can learn what effect population growth has had on commission districts and prepare recommendations for the board's further consideration as to whether or not it wishes, based upon professional recommendations, to adjust county commission boundaries. I don't know that I have much more to contribute by way of comments to this discussion but simply to request to the board its consideration of this request, and it will come as no news to this board that depending upon its actions today, this matter will be pursued. It will be pursued. And I give, as an estimate of the interest on the part of the United States Justice Department Civil Rights Division, voting rights section, its recent activities in respect to Osceola County, and I recommend that to the board for its consideration. I thank the board very much for the opportunity to make these comments on behalf of myself, my party, the NAACP, and the League Page 84 January 9, 2007 of Women Voters, and I stand available for any questions the board has. Thank you again. CHAIRMAN COLETTA: Thank you, sir. Appreciate your time. I tell you, I don't see any questions on the part of the board. Thank you very much for coming before us today. MR. MOHLKE: Thank you, Commissioners. And any action that you intend to have on this at some future board meeting, we would appreciate being timely advised. CHAIRMAN COLETTA: We'll keep that in mind for sure. Thank you. I think we have -- yes? MR. DURHAM: Yes, Commissioners. Tim Durham, Deputy Supervisor of Elections for Collier County. If I may just have a moment or two. MR. MUDD: Mr. Durham, during -- CHAIRMAN COLETTA: Sir? MR. MUDD: Mr. Durham, during a public petition, the petitioner makes a request to the Board of County Commissioners. There are no public speakers. CHAIRMAN COLETTA: That's correct. Unless somebody would call you forth to ask questions of you -- MR. DURHAM: Okay. CHAIRMAN COLETTA: -- I can't permit it for this. MR. DURHAM: Thank you. CHAIRMAN COLETTA: However, with that said, at the end of this meeting, we do have a public comment section which we'd be more than happy to hear what you have to say. MR. DURHAM: Thank you, sir. CHAIRMAN COLETTA: Thank you. Mr. Mudd, I don't think in eight minutes we're going to be able to accomplish anything of significance, so why don't we break early and reconvene a little bit early. Page 85 January 9, 2007 COMMISSIONER FIALA: Oh, I thought we were going to get the extra seven minutes. CHAIRMAN COLETTA: Okay. I'll tell what you, I'm going to -- I'm going to try to live up to Commissioner Halas' good example, and I'm going to grant this group seven more minutes. We're not due back until one o'clock. That's one o'clock today, and that's this afternoon, p.m., not a.m. (A luncheon recess was had.) MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, Commissioners, you have a hot mike. CHAIRMAN COLETTA: Mr. Mudd, please proceed. MR. MUDD: Yes, sir. This brings us to our advertised public hearings that start at one o'clock. And we have -- and we have two such items on our agenda. The first is 8A, and that's an advertised public hearing. It's a recommendation to consider adopting an ordinance amending Collier County ordinance -- CHAIRMAN COLETTA: I'm sorry, Mr. Mudd. I don't mean to interrupt, but I want to poll my commissioners here. I know we're supposed to get right into the advertised public hearings, but we have a number of people here to deal with about maybe a half an hour worth of public petitions. How do my fellow commissioners feel about getting the public petitions out of the way so that the numerous people that are here can be excused to go about with their lives? COMMISSIONER COYLE: Oh, just let them wait. COMMISSIONER FIALA: That's fine with me. Do we have to start it? It just says after one, right? No sooner than one. Do we have to? MR. MUDD: No, you don't have to, ma'am. You do whatever you want. I'm just going by the agenda that's published, and at one o'clock, this board has been hearing advertised public hearings. Page 86 January 9, 2007 COMMISSIONER COYLE: Let's let the public get their business done. CHAIRMAN COLETTA: Yeah, let's do that, and then we'll go on with the other part of the agenda. MR. MUDD: Yes, sir. CHAIRMAN COLETTA: I do appreciate that. Item #6F PUBLIC PETITION BY CONNIE STEGALL-FULLMER DISCUSSING GOODLAND ZONING OVERLAY - BRING BACK TO FUTURE BCC MEETING WITH STIPULATIONS AND CLARIFICATION - APPROVED MR. MUDD: Commissioner, that brings us to our next public petitioner, and that's 6F, and it's a public petition request by Connie Stegall-Fullmer to discuss the Goodland zoning overlay. Ms. Fullmer? MS. STEGALL-FULLMER: Good afternoon. Again, my name is Connie Stegall-Fullmer. I'm representing today as president of the Goodland Preservation Coalition. And first of all, I would like to take a moment to thank you very much for the passing of our golf cart ordinance and for putting up signs in our community for the golf carts, and we're back to normal. Thank you so much for that. We do have a number of Goodlanders in the audience today, and did lose a few during the lunch hour, but if they would like to stand, that would be really nice, as I go ahead and get into my petition, or raise your hands. Chairman, Commissioners, thank you very much for your time and attention to a matter of the gravest importance to the residents and property owners of Goodland. I am going to read -- I've got about two and a half pages -- very quickly. I'll read it so I make sure I get my Page 87 January 9, 2007 points in. The gravest importance for Goodland is regarding a development, planned development in Goodland. I offer special thanks right now to our Commissioner Fiala for her continued support and affection for the Village of Goodland, and also to Jim Mudd for your patience and professionalism that you have also shown toward Goodland for me and our community. Very recently we learned in Goodland that two families had obtained a building permit to construct what we call a megahouse on East Coconut Avenue. This megahouse is to be built on two adjoined lots and will become the largest home and possibly the largest building in Goodland. The megahouse will have 14,333 total square feet of which 6,836 square feet is under air. The average home size on that same street is approximately 800 square feet. In all of Goodland, the largest home is believed to be approximately 3,200 square feet with only a handful of remaining homes in Goodland more than 2,000 square feet; 6,836 for this planned home. For the record, the Goodland preservation coalition objects to the interpretation of the code by staff and we object to the approval of the permit on the basis that it is inconsistent with the LDC, paragraphs 1.06.01, 2.03.01-H, 2.03.07-J, and Florida Statute 163.3202 and Florida Statute 163.31775G. We have been in to meetings with you this past week and also with various staff members. You know many of the details of the permit and some of the ambiguities surrounding approval process, such as, what is it? Is it a duplex or a single-family home? And accordingly, what are the setbacks which determine the building envelope? You know that the zoning is VR, and the Land Development Code states that in VR, quote, uses are located and designed to maintain the village residential character, which is generally low Page 88 January 9, 2007 profile with relatively small building footprints, as is the current appearance of Goodland and Copeland, end quote. Part of that language and the purpose -- the description of VR, is language that was specifically put in the zoning in 1999, and that's on the overhead projection. And you see that language underlined. This was language that was specifically voted and directed by the commissioners sitting at that time to add to the purpose and intent of VR zoning to further protect the Village of Goodland. At that time in history there were plans to build a multi floor condominium complex in Goodland that was deemed to be uncharacteristic for Goodland, and that language was specifically put in the VR for further protection of Goodland; however, over the last few weeks, we have been instructed by staff that this is just colorful language, that is doesn't really mean anything. The megahouse has been permitted in the Goodland Zoning Overlay, or the GZO, as we'll call it. The language in the GZO from the Land Development Code states in paragraph 2.03.07-J, quote, the Goodland Zoning Overlay district is intended to provide regulation and direction under which the growth and development of Goodland can occur with assurance that the tropical fishing village and small town environment is protected and preserved and that the development and/or redevelopment reflect their unique residential and commercial characteristics of the community, end quote. However, we have been instructed that this language provides no assurance whatsoever that our tropical fishing village and small town environment will be protected or preserved. We're not so sophisticated in the matters of the interpretation of the LDC, but we don't appreciate the explanations of why the language doesn't protect us. We don't understand how a 14,000 square foot megahome can be permitted when the LDC says, quote, relatively small building footprint, and we don't understand exactly how the LDC is protecting and preserving our tropical fishing village and smallS Page 89 January 9, 2007 town environment. That's language in our LDC. Further, the purpose and intent of the county LDC is illustrated in the Land Development Code, paragraph 1.05.01-F, and that states, quote, all development within each zoning district shall be consistent with the purposes. That's the issue here, that is -- your Land Development Code directs that the -- that the zoning be consistent with the purposes and regulations stated for that zoning district in chapter 2. 2.03.0 1-J states, quote, the purpose and intent of the Village Residential District, VR, is, quote, to maintain a village residential character which is generally low profile with relatively small building footprints, as is the current appearance of Goodland and Copeland. If the purpose of the LDC is to be consistent with the purposes of the zoning district as defined, why doesn't the purpose and intent of the VR protect our, quote, residential character, which is generally low profile and relatively small building footprint? There is a -- recent case law from the U.S. District Court that was upheld, and it was the finding against the South Florida Water Management District and the EP A in favor of the Clean Water Act, and it was based upon the intent of the language of the act. Intent and purpose is not colorful language. It has meaning. It has purpose. Goodlanders can't instruct you how to interpret the LDC. We can submit amendments to the GZO, however, which is what we're interested in doing, amendments that will directly impact Goodland. The LDC doesn't, for all its volume, address the needs of Goodland. The language is said to be colorful, but otherwise has no power to direct much, and language that is -- we need to replace it with language that is objective and subject to common interpretation, and that's understandable to the common person. So with this objective in mind, our request before you today, my request, as representative of the Goodland Preservation Coalition, in cooperation with the Goodland Civic Association, whose Page 90 January 9, 2007 vice-president, treasurer and secretary are also here today, is to request that you work with our community in the preparation of an amendment to our overlay that will be completed and ready to be voted upon by October of 2007 . We ask your support in this effort. Secondly, while that process is going on, we, first of all, ask that you request staff to work with -- jointly with Goodlanders to accomplish the further amendment to establish more detailed guidelines for development and redevelopment in Goodland, and secondly, the most critical aspect to help protect us while the amendment is being worked upon is our request for you to approve a narrowly defined -- narrowly defined moratorium to be imposed in Goodland. The moratorium that we're requesting is that it be -- to postpone the combining of two or more lots and to postpone the issuance of any building permits that are based on two or more lots. This will give us the opportunity, between now, to work with staff through March with the language and go through the planning process and have language that comes back to you in October of this year, and it will help protect us from a run on the bank, so to speak, for people who are wanting to come in and establish larger homes between now and when our overlay is amended. It will give us an opportunity to do some -- have quiet time for tranquil evaluation with our community, the residents, for discussion about what it is we really want to see in our community, what we don't want to see, and we'll come back to you with that amendment. But in the meantime, we need your protection so that two lots cannot be combined and an additional megahome cannot be approved through the planning process. In addition, at this time we'd also request that you direct staff to go back to the review process to make sure that the permit that was issued is specifically in compliance with all of the codes of the Land Development Code, with all of the statutes, not just the setback standards and, of course, defining exactly what that building is. Is it a Page 91 January 9, 2007 duplex, which it was originally submitted as, or is it a home? These are the things we ask of you today to consider. And we have additional time at -- on the agenda today at 91, and additional people from the community will present a photo gallery of what is actually the character of Goodland, many of the homes, the homes next door to -- on either side in the same block that represent the average square foot of 800 square feet, and the larger homes. It has been said that we have 15 large homes on that same street, but those large homes are 1,200 square feet and 1,400 square feet, and those are large homes for -- relative to the size of most of the homes in Goodland. I thank you for your consideration. We will be back at 9J, or 91, to discuss a little bit more with you. Thank you. CHAIRMAN COLETTA: Fine. Let's go with Commissioner Halas first, then Commissioner Coyle. COMMISSIONER HALAS: I understand your dilemma because in my neighborhood we've got a lot of megahomes, and it brings about -- with it a lot of problems. My biggest concern is that I think in order to have some type of a moratorium, we need to have something of the nature of 50 plus one of the residents that own property there to maybe sign a petition. We -- a couple years ago this Board of County Commissioners, we got put in a trap where we had that group of citizens that came before us and asked them to help us -- or help them with an issue in another location. And we put forth a lot of time and effort, and it ended up blowing up on us. And my biggest concern is to make sure that everybody understands if you have a moratorium, what that means, that somebody wants to sell their property and can't because somebody wants to -- they own two lots and want to buy the two lots, and to use that as a way of building a home, I'm not sure what ramifications we, the county commission, will get ourselves into. Page 92 January 9, 2007 So I think first of all, you have to make sure that you have the will of all the people, or 50 percent plus one of the people, that are willing to -- want to go through this process, because obviously there's going to be somebody that's not going to be too happy if we go through a moratorium point in time. And the other thing is, I understand who you are and what you're representing, but I want to make sure that we don't get ourselves in a situation where we feel that it's the voices of the people that you're here to represent, but in reality it's only a small group and, therefore, then we end up with a big problem on our hands. And we learned a hard lesson over the last three years, but I know exactly what you're dealing with here because in my particular district we have an awful lot of big megahomes that are put on smaller lots, and we've been trying to work with the staff to try to figure out a way that we can address that issue. Thank you very much. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Yeah. Commissioner Halas raises a very, very valid point. He's absolutely right. Perhaps this situation is slightly different, however. I don't understand why the purpose and intent of the Village Residential District has no governing value. That makes no sense to me. We regularly go to legislative intent as a way of trying to determine what laws really mean. Supreme Court justices have even researched the private writings of the drafters of our constitution to try to discern what their purpose was in putting certain provisions in our construction. It is incomprehensible to me that a purpose and intent which is so clear will not have any governing value. I don't understand that, and I don't know that anybody's going to be able to convince me that that's true. Page 93 January 9, 2007 I think it does have governing value. In fact, I think it has overwhelming governing value, and if there is a conflict between the purpose and intent of our regulations and the specific development standards, then it is the development standards that are wrong, not the purpose and intent. So it would appear to me that we have failed to develop the appropriate objective development standards which would carry out the purpose and intent of the Village Residential District. That, to me, sounds very clear. And so what I would say is, because we apparently have a conflict internally between our development objective, development standards, and the purpose and intent of the legislation, we should declare a timeout until we sort it out. It's -- in this case it's different than the very, very serious problem Commissioner Halas talked about, and I do not want to get caught in that kind of trap again. He's very right about that. But in this case, even if you were not here, I would want to get this resolved. And I don't think it has anything to do with how many of you are concerned about it. MS. STEGALL-FULLMER: Right. COMMISSIONER COYLE: If staff is saying to anybody that the purpose and intent of a Village Residential District has no objective -- has no governing value, I want to get that sorted out because I don't believe it. I believe it does have governing value. And I would suggest that, on one condition, that we don't come back under 9J and talk about this all afternoon. I would suggest that what we do -- the commission do is to say, yes, we've got a conflict in interpretations here concerning the purpose and intent of this Village Residential District, and we need to sort it out and we need to solve it now. Let's stop this particular building permit, put it on hold, go back and review the purpose and intent of our zoning regulations, make Page 94 January 9, 2007 sure that the developmental standards reflect the purpose and intent, and then proceed. And it seems to me that will solve most of the problems we're talking about here. And by the way, just as a caveat, I would say to you that based upon what I've seen of this plan, this is one of the most outrageous manipulations of permitting processes that I think I've ever seen. It just is outrageous. And maybe there's someone here who can speak in defense of it and convince me otherwise. But anyway, that's where I am. I would make a motion -- so that we can take the corrective action -- make a motion that we suspend the approval of this particular building permit, that we direct staff to resolve the conflicts between the purposes and intent of the Village Residential District and the specific development standards and come back to us at the earliest possibly opportunity for us to ratify those changes. COMMISSIONER FIALA: Boy, I second that. Thank you. Excellent, excellent speech. CHAIRMAN COLETTA: Okay. We have a motion on the floor by Commissioner Coyle and second by Commissioner Fiala. Commissioner Henning? I'm sorry. Did I -- COMMISSIONER COYLE: But if I could-- CHAIRMAN COLETTA: Forgive me. Mr. Weigel, did you want to comment on where we're going with this? I was going to ask you a number of questions when it came my turn, but go ahead. MR. WEIGEL: Well, I'm happy to either wait for questions or get -- CHAIRMAN COLETTA: No, go ahead and strike while the iron's hot. MR. WEIGEL: Okay. Thank you. Well, 91 is a vehicle that Commissioner Fiala was working towards so that there might be a possibility to go beyond the, call it, the restriction -- the typical restriction of public petition in case the board wished to take more Page 95 January 9,2007 formal action rather than, typically under public petition, asking for something to come back. A couple comments I would make, and that is that it's very clear what the policy intent language is of the Goodland VR overlay language there. We do note, however, that if the board wishes to take timeout, which is the equivalent of moratorium, one way of accomplishing it without even using the moratorium word -- I just provide this as a little additional thought for you, is that you could, in fact, give the staff, including the attorney office, direction to come back with an amendment to the Land Development Code pursuant to the overlay, for the overlay here, to achieve some specific results, which is result of implementing, with far more exactitude, the language of the policy and objective of the overlay. And I would suggest, among other things, that you would use the words such as setbacks, floor area ratio, review of room and bedroom requirements and bathroom requirements within a -- within a single- family residence, multiple kitchens in single-family residence, and that staff potentially be directed to come back with amendments reflecting some or all of those issues relative to the policy and objective of the Village Residential Overlay, in case you wish to have your motion go that way. Secondly, in regard to -- I would like a clarification in regard to the house that's under construction at the present time. If there is -- if there is a request for a -- either a -- if not a revoking, a pulling or stopping of the permit allowing for construction at the present time, obviously that has an effect on the owner, on the contractors, subcontractors, et cetera, that are working on the premises, and our research has shown Commissioner Coyle -- not that it makes sense, and courts don't always make sense -- but there is, in fact, an appellate decision in the fifth district, which is not second district, which is our appellate district, which does seem to indicate that where there is a conflict of general policy language and specific standard, that the Page 96 January 9, 2007 specific will control. Now, that's not absolutely the law in this district, but I would-- and I feel constrained to advise you there is that potential risk in regard to actions that we may take with the house that's under construction at the present time. That's not to say that I'm predicting outcome, but I would be remiss if I didn't advise you of that knowledge that we have therein. CHAIRMAN COLETTA: Thank you, Mr. Weigel. Commissioner Henning? COMMISSIONER HENNING: Well, it wasn't asked of us to stop the process of this mistake -- or stop the building permit. That wasn't asked of us. MS. STEGALL-FULLMER: Yes, I did. COMMISSIONER HENNING: Pardon me? MS. STEGALL-FULLMER: Yes, I did. COMMISSIONER HENNING: You did. Well, under public petition, we don't give the opportunity for the general public to weigh in or we don't have the opportunity for the affected party to weigh in, and I think it's wrong. If that's what the majority of the board wants to do, I think it ought to be on the agenda item, and I think the community staff needs to try to defend their actions. Not that I agree with it, but we all -- if we were going to make an informed decision, we should have the opportunity for all to weigh in. Because of that, I'm not going to support the motion. I do agree with putting a stop to splitting lots in the village of Goodland until a clarification by the community can come forward on the building envelope size of a house and all the other ancillary uses. I do support the purpose and intent and what it's there for, but I can't support the motion. CHAIRMAN COLETTA: Okay. Commissioner Henning, I agree with you right down the line. I'd like to see very much a Page 97 January 9, 2007 moratorium put into place. I'd like to see a change made to the overlay; however, trying to deal with this permit that's already been issued in good faith by staff -- and I'm sure if we brought staff up here and went through it, we'd hear a lot of reasons why they did it. But why do that now? I'd like to see this come back. I could support a motion to bring this back as an agenda item to discuss all the possibilities, including revoking the permit, although I COMMISSIONER FIALA: Which is on 9, you mean? CHAIRMAN COLETTA: No, that -- number 9 does not cover revoking the permit. It has to deal with identifying the character of Goodland. That's a whole different issue when you get into that. We're getting into a real serious legal issue. I'd love to -- like Commissioner Henning said, we should have due process on it. The public petition, you come before us and we move it forward to a future agenda so we can get an assessment from staff and all our other legal aides out there, whatever resources are there. Plus, the petition -- the people that are on opposite views of the whole thing have a chance to be able to weigh in on it. So I have a hard time supporting the motion as it is. If the motion fails, I will agree to bring it back. I'd be very supportive of that. I think that we're just -- we're shooting a little bit too fast here. Commissioner Coyle? Or I didn't take your light off? COMMISSIONER COYLE: No, no. I do want to make a -- make a comment. I will be happy to revise my motion. I think Commissioner Henning's suggestion is a good one, it's fair. It doesn't move as quickly as, perhaps, we would like, but we need to put the owner on notice that we're bringing this thing back for consideration. And what I would ask that we do is that we instruct staff to come back to us with two things. Number one, a complete and detailed Page 98 January 9, 2007 justification as to why this project, this permit, was issued and approved, and secondly, come back with a detailed development standards that are necessary to ensure that the purpose and intent of the Village Residential District is upheld, and to do that as quickly as possible so that we minimize the impact on the people of Goodland and for the person who is building this house because they need to understand early on that there is the possibility that staff will be unable to adequately defend their issuance of this permit. And if so, it will be withdrawn -- could be withdrawn by the Board of County Commissioners. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. So then we have number 9 yet that we were going to discuss, and this was -- this was, I felt, extremely important to discuss right now, the stopping any -- any -- placing a hold on any permits that might be going through for buildings that are very large or where they want to adjoin lots. Are you saying that we should withhold that for two weeks? How -- I know that there are couple others lining up to do that right now and watching this to set the standard for Goodland. COMMISSIONER COYLE: Well, you've got the same problem. If you do it without a public hearing, you give anybody a fair chance to argue it, and I think that's Commissioner Henning's and Commissioner Coletta's position. I think they're right. I think -- I think we need to do it the right way no matter how strongly we feel about it, and I think the right way is to instruct staff to come back with detailed justifications for how they issued this permit, why they approved it, secondly, to give us detailed development standards that will implement the purpose and intent of the Village Residential District. And at that point in time the people of Goodland and any other members of the public who wish to address the Goodland overlay or any other subject will be here at that public hearing. They can talk to Page 99 January 9, 2007 us then, then we don't have to go through 91 this afternoon because it serves no purpose because we can't make a decision because it's not a public hearing, you see? CHAIRMAN COLETTA: Commissioner Henning, then Commissioner Halas. COMMISSIONER HENNING: Commissioner Coyle, in your revised motion, can you also include to direct staff to not allow lots to be joined together? COMMISSIONER COYLE: I don't have a problem with that. I could say that we just not -- we can't stop the lots from being joined together. What we can only do is stop the building on lots that are joined together because the property appraiser is the one who joins those lots. I think they can just petition that two parcels be combined in a single parcel, and it's done. Where we get into a problem is when we accept a plan, a Site Development Plan, for building a home on those two parcels. We can control that. COMMISSIONER HENNING: Well-- COMMISSIONER COYLE: In-- COMMISSIONER HENNING: So your motion includes to stop that practice, to build megahomes on Goodland right now? COMMISSIONER COYLE: To suspend it until we can properly implement the purpose and intent of the -- COMMISSIONER HENNING: Your revised motion I can support. COMMISSIONER COYLE: Okay. COMMISSIONER FIALA: Okay. Would you repeat your revised motion? COMMISSIONER COYLE: Okay. I am suggesting that we instruct staff to bring us the detailed development provisions and codes which will implement the purpose and intent of the Village Residential District as stated in section 2.2.9.1, and, secondly, that we not issue any permits for the building of homes on combined lots, Page 100 January 9, 2007 which will -- which will conflict with the purpose and intent, until such time as we make a decision on this issue following our next meeting. CHAIRMAN COLETTA: Question, if I may. COMMISSIONER COYLE: Yeah. CHAIRMAN COLETTA: In your motion, does it deal in any way, shape or form with the permit that's already been issued? COMMISSIONER COYLE: Oh, yes, I'm sorry. I failed to specify that we want staff to give us a detailed justification as to how this permit was approved under the current regulations. CHAIRMAN COLETTA: With the permission of the commission, I'm going to ask Mr. Schmitt to come up, or any of his staff members that might want to make sure that this motion's within the bounds of what they can do, or can't do, or maybe further clarification might be needed for it. MR. SCHMITT: Thank you, Commissioner. For the record, Joe Schmitt, community development/environmental services division administrator. F or clarification, the VR covers zoning districts in Goodland, Copeland, Chokoloskee and Immokalee, and I'm -- one clarification. I'm assuming this is only for Goodland that you're trying to look at. We can cover all of them. COMMISSIONER COYLE: I think it covers all of them. We're talking about that particular zoning overlay category, the intent and purpose in my mind is very clear. MR. SCHMITT: Yes, Commissioner. COMMISSIONER COYLE: And if we don't have implementing development standards, then we have to at least have a hearing on what those implementing development standards should be. And if at that hearing, after hearing from the public and both sides on this issue, we elect to adopt those development standards, then it will apply to everywhere that particular Village Residential Overlay applies to. Page 101 January 9, 2007 MR. SCHMITT: The village residential provides setback criteria. COMMISSIONER COYLE: Yes. MR. SCHMITT: Goodland had then a village overlay, which defined in more detail some of the restrictive development standards so they were never codified as far as specific standards on size of home and whatever. So we'll come back and we'll explain all that, so we can -- you'll have a clear understanding of the VR zoning and then the overlay. My other question is, I did hear that -- and I thought we discussed it but I never heard a motion. Do you want something to come back as an interim measure, a moratorium, a recommendation for a moratorium? Because that would have to be advertised -- COMMISSIONER COYLE: I think we decided against that because we have to have a public hearing to do that. MR. SCHMITT: We would have to come back as an advertised public hearing, and you would have to vote on that, yes. COMMISSIONER COYLE: And what we needed to do is to resolve the discrepancy between the purpose and intent -- MR. SCHMITT: Yes. COMMISSIONER COYLE: -- of this zoning district and our implementing development code, and at that point in time, we can also consider if we want to have some sort of moratorium. But if we can solve the conflict and verify whether this particular plan, this permit, was properly issued, then we won't need the moratorium. MR. SCHMITT: Understand, Commissioner. Most likely though, any type of development standards to define restrictive criteria in the Goodland overlay will require some kind of an amendment to the LDC. You would then have to come back through the public hearing process in the amendment cycle. COMMISSIONER COYLE: Yes. MR. SCHMITT: So there would be an interim period between -- Page 102 January 9, 2007 unless through the county attorney at zoning and progress we somehow implement a de facto moratorium, that is, we would announce that there's pending legislation and we would -- but we could deal with that when we come back. COMMISSIONER COYLE: That's right. When we come back, the commission, once they get all of the information and facts, they can decide whether or not we want to consider a moratorium. MR. SCHMITT: And I would consider then today's action, what I just heard, based on your motion, I will advise the property owner and the developer of this property, until there's a decision whether it's revoked, it's -- through the building director we'll determine -- advise that, based on this board's action, there's a question on the issuing of this permit and suspend all action on that permit. We did issue the permit. Fees have been collected. We'll have to advise the property owner basically that there's a question about the validity of the permit through this board, and in doing so, put them on notice. COMMISSIONER COYLE: That would be good. MR. HAMMOND: Yes, Commissioners. For the record, Bill Hammond, the director of building review and permitting. As the building official, I can -- I can revoke a permit of -- fundamentally off of two causes, the facts allowing the issuance of the permit had to be misrepresented by the applicant or the permit would have been issued in error. By the action of the board, I will interpret that the permit was issued in error in that the intent and the purpose of the village -- of the Village Residential Zoning Overlay was -- you know, is not adequately represented by the prescriptive standards. I would have to do it along those lines only. CHAIRMAN COLETTA: Well, forgive me. You're talking about bringing this back to be able to make a determination at another meeting. You're not saying about issuing -- going back to them and Page 103 January 9, 2007 telling them it was issued in error now? MR. HAMMOND: Those are the only two ways that I can -- CHAIRMAN COLETTA: No, I know that, but I don't think we've given you direction to do that either. MS. STUDENT -STIRLING: Not yet. COMMISSIONER COYLE: That will come at the next meeting. MR. HAMMOND: Okay, all right. MR. SCHMITT: We'll just give them notice. MR. HAMMOND: I can do an inspection hold on the permit. COMMISSIONER HENNING: Mr. Chairman? CHAIRMAN COLETTA: I hear where you're going. COMMISSIONER HENNING: I don't know where we're confused here, so maybe the county manager can talk to his employee to tell him what the action of the board was. We don't need to discuss this. We've got more business to do. CHAIRMAN COLETTA: Mr. Mudd, do you have a clear feeling for the way we're going? MR. MUDD: Yes, sir. The motion is, you come back with complete details for justification of the action of issuing the permit to the Ingles for this particular home. You come back to the board. You wanted specific developments. We're going to give you a menu, so to speak, of those things that you can do to -- in details that you can put into the Land Development Code so that you've got the details to back up the intent. That's the second piece. And the third piece is for staff to suspend -- to suspend any action on future projects that come for permits where lots have been merged in order to do construction until that particular time. And Mr. Schmitt is going to let the permit holder, the Ingles, know that this particular item is controversial and that issue will come in front of the board to talk about at the next board meeting, and that's it. CHAIRMAN COLETTA: Mr. Mudd? Page 104 January 9,2007 COMMISSIONER COYLE: Right on the head. That's it. CHAIRMAN COLETTA: If I can go back now. I've got to clarify one thing. I'm concerned about Goodland. I have no idea how this is going to have an impact on Immokalee, Copeland, or any of the other communities you're talking about that have similar zoning descriptions. They're being brought into something they might want no part of. I'm just forewarning you, an overlay's one thing. Changing the whole determination of the whole outlook of the whole county is something that just scares the daylights out of me. I mean, it gets a lot more involved at that point in time. We're talking about other people that aren't here today, and they may not even know enough to come to the next meeting to be able to put their two cents into it. Overlay's one thing, but the changing of something globally is not what I envisioned at all by -- when we started this. MR. MUDD: That wasn't in the motion. I understand Mr. Schmitt's going to have to come forward to the board next meeting and let you know what the VR zoning looks like in Collier County to get your specific direction if you -- if you want to be more specific and only do it for Goodland versus -- CHAIRMAN COLETTA: I understand. MR. MUDD: -- Copeland and Immokalee and whatever. COMMISSIONER FIALA: Can I just jump in here for just a minute? CHAIRMAN COLETTA: Please. COMMISSIONER FIALA: I know that Commissioner Halas is supposed to be first. But the people in Goodland, were not talking about -- we're not talking about anything but revising their overlay. That's what they wanted to do. They wanted to -- they did not want to tell anyplace else in the county how to run their show. They were just concerned about Goodland, and that's what they wanted to do was Page 105 January 9, 2007 have the time to put this overlay in place and to make sure that our Land Development Code agreed with their overlay for this particular area called Goodland. CHAIRMAN COLETTA: I'm sorry. Commissioner Halas, you've been very patient. I appreciate that. COMMISSIONER HALAS: County Attorney, I still have some real serious thoughts on this -- MR. WEIGEL: Okay. COMMISSIONER HALAS: -- and that is, there's people there that want to combine lots or there's people there that want to sell two adjoining lots, and if we put a halt to this, what kind of problems does this present to the county? MR. WEIGEL: Well, I don't think it presents too much, and there is a distinction to be made. The combining of lots is -- appears to be the issue that we're talking about right now. COMMISSIONER HALAS: Right. MR. WEIGEL: But the sale of lots whereas one owner or multiple owners could own several lots is not the concern of the county. Ownership is not the concern; it's the construction on the properties, and in this case, conjoining lots, that is the issue. So I don't have a problem, and I don't think we would have -- anyone would have a problem with the fact that ownership through the purchase and sale of property can occur in any way that it wishes to. But it's bringing the -- bringing an application forward for construction that appears to be at odds with policy and objectives of the Goodland VR overlay, is the issue that the board is looking to work through, you know, rather quickly here. And when and if the board should give some specific instruction for any amendment to our code or the overlay relating to Goodland, at that point we would have -- we would have what I would call a recognizable judicial concept of zoning in progress, which in and of itself would act as a moratorium, if one must use that word, in regard Page 106 January 9, 2007 to particular construction or type of construction that we believe is going to be amended with the code. And that will occur when the board gives the specific directive to staff to come back with amendments with some specificity, such as what I mentioned before as just ones to consider, floor area ratio and setbacks and things of that nature. COMMISSIONER HALAS: Can I -- MR. WEIGEL: And that's what you're apparently going to look at at the next meeting. COMMISSIONER HALAS: My understanding of was -- or the way I understood that an overlay went is where the citizens got together, a group of them, and basically the majority of them put together an overlay and then they themselves obtained a lawyer to go through the process of getting the LDC amendments that were required to address an overlay. That's how -- my understanding is that the citizens up in Vanderbilt Beach got an overlay, and that's -- is that -- am I correct on what they did? MR. WEIGEL: Well, it's certainly not required. You are the legislators, and you may listen to whom you wish to, whether it's attorneys representing other people or just the other people or associations. COMMISSIONER HALAS: Well, I'm saying they put their own money -- COMMISSIONER FIALA: Let me -- COMMISSIONER HALAS: -- into the program, okay. The citizens up there, when they come up with an overlay, they put together their own money. It costs them a lot of money to come up with an overlay. They worked with the county, but the overall intent of the overlay was where the citizens worked together and they had legal representation on that. COMMISSIONER FIALA: Commissioner Halas, the citizens have put together an overlay, and I have to tell you that probably 90 Page 107 January 9, 2007 percent of everyone on Goodland already did that, working with our staff. The guy's standing right there nodding his head yes. That's what happened. They all participated. And what they found is they never thought of putting square footage in. They never thought of megahomes. Just like you're trying to stop them on Vanderbilt Beach and -- COMMISSIONER HALAS: Oh, we can't stop it anymore. COMMISSIONER FIALA: -- you had a moratorium -- CHAIRMAN COLETTA: One at a time. COMMISSIONER FIALA: You know, this is what they're trying to do. They're trying to preserve their character. They've got an overlay in place; they just want to amend it. CHAIRMAN COLETTA: Okay. And I'm going to stop the discussion just for a moment. The only thing I'm looking for is instructions for staff. We're not going to dissect this anymore. COMMISSIONER HENNING: Call a motion. CHAIRMAN COLETTA: We're going to move this forward to a point we've got -- call the motion. With that, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Okay. We have four in favor and one opposed to bring this back for further discussion and direction. Okay. Thank you very much. Next one, Mr. Mudd? Item #6G Page 108 January 9, 2007 PUBLIC PETITION BY JOHN SULLIVAN DISCUSSING A BERM OR SOUND WALL ADJACENT TO NORTHEAST WATER AND WASTEWATER TREATMENT FACILITY - BRING BACK TO FUTURE BCC MEETING FOR FURTHER DISCUSSION - APPROVED MR. MUDD: Commissioner, that brings us to 6G, which is a public petition request by John Sullivan to discuss a berm or sound wall adjacent to the proposed Northeast Water/Wastewater treatment facility . MR. SULLIVAN: Good afternoon. Mr. Chairman, Commissioners, Mr. Mudd, and staff, my name is John Sullivan. Most of you know me as Jake. I am the president of the Waterways of Naples Homeowners' Association, and I'm also the chairperson of the Northeast Utility Facility Community Advisory Panel. I've got some of the members of the panel and some of the board of directors with me today. They're sitting in the audience behind me just as a little bit of moral support, see if we can get some negotiations jump started on our stalemate here with staff over the construction plans of this facility. Several years ago Collier County purchased 216 acres in eastern Collier County for the purpose of constructing water and wastewater facilities to deal with the tremendous amount of growth occurring in that location, as well as to satisfy the terms of an agreement when the Orangetree PUD was accepted. In addition to the aforementioned facilities, the county also plans to construct a regional park and a recycling drop-off point to be utilized by residents in eastern Collier County. Several public meetings were held enabling the county to reveal their plans for this property purchase, at which time residents were assured that they would not be dramatically affected by the construction of these facilities. Page 109 January 9, 2007 These assurances made by several county government officials present here today were along the lines of, we've purchased 216 acres. This project will be a small part of that purchase and we'll hide it so that you won't be terrible affected by it. To support their claims, county staff provided the public with drawings that depicted a berm supporting plantings and trees surrounding the property that would supposedly prevent many of us from seeing the majority of the facilities. In light of the many concerns still shared by neighboring residents, a group of folks residing in the immediate vicinity was impaneled to meet with county staff on a monthly basis to discuss plans regarding the construction of the facility and address concerns spawned by neighboring residents. This group of residents and county staff is known as the community advisory panel, or more commonly, the CAP. Many of the resident members serving on the CAP, as well as residents in the area, recognize the need for this proposed facility and welcome it as a means to escape the present utility provider, foster commercial development to our area, which we desperately need, and to support future residential growth. That recognition drew residents of the community to volunteer to be service members of the CAP, and to that end, members serve to ensure the utility needs of our community are going to be met without compromising the integrity of our property values and the lifestyle that we have all become accustomed to. Our first item of business was to adopt a charter to govern our meetings and guide us during our deliberations. Upon adopting the charter, the resident members of the CAP requested all the county staff and contractors to view this proj ect through the eyes of the homeowners that were going to live adjacent to it and had been living there for numerous years. We asked them to seize upon this opportunity to build a Page 110 January 9, 2007 much-needed utility in the middle of existing homes in such a manner that would not detract from our present quality of life. In other words, yeah, we want it, build it, but build it in such a manner that we're not going to see it, we're not going to hear it, and most importantly, we're not going to smell it, to which we received assurances, through videos and such provided by staff, that this was possible, that we were going to be able to do this. The CAP continued to meet and has shared in what we consider to be minimalized stones, a few of which were the decisions to name the facility and choose the type of architecture that we were going to utilize in its construction. At one such meeting, while discussing the landscape buffering to surround the facility, we were disheartened to learn that the promises we had heard at public meetings of a berm surrounding the facility to assist in preventing residents from seeing or hearing most of the daily operations of the facility were not as we had envisioned them, and that, in fact, the berm depicted in the drawings was only a two-foot high berm to prevent stormwater runoff from the facility to adjoining lands. The landscape buffer proposed by the contractor, WilsonMiller, contained no substantial berm and consisted of native trees, hedges and scrubs, planted at ground level, which county staff adds, supports the requirements for a landscape buffer, as outlined in the Collier County Land Development Code. In light of this revelation and the fact that the county staff had represented to us that they had every intention of being a good neighbor, as purported in the document entitled Guiding Principles for Development of the Northeast Utility Facility, which I believe was approved by this board, the CAP requested the county staff to consider -- to reconsider their decision. At our next meeting, we were informed that the idea of a berm had been reconsidered, but due to the cost associated with its Page 111 i< January 9, 2007 construction, a berm would not be constructed, and we were provided with a memo outlining that decision from county staff to the public utilities administrator and the county manager. The resident members of the CAP feel that the cost numbers provided by county staff associated with the construction of a berm that would aid in restricting the sights and sounds of the daily facility operations is minimal in relation to the overall budget for this proj ect. Adding to our concern is the county plan to drill deep injection wells on the property 24 hours a day, seven days a week, for up to 16 months or longer with nothing more than verbal assurances that we will not hear the constant noise associated with such drilling, hence our appeal to you to postpone the approval of the easements on the county fairgrounds where the construction of the proposed wells is planned, and I understand that's been put on the agenda again for today. CHAIRMAN COLETTA: On the consent agenda, Mr. Sullivan. It's already been approved. MR. SULLIVAN: Okay. While county staff has represented to members of the CAP that all noise levels would be acceptable under Collier County ordinances, the CAP and neighboring residents would hope that the county would exceed the expectations of the ordinance and reduce noise levels further, if possible, to ensure the tranquility of rural life that the current residents now enj oy. In an effort to offer suggestions on how that might be accomplished, the CAP has requested county staff on more than one occasion to provide it with information pertaining to noise levels that was to be provided by an expert contracted by the county. At our November meeting, county staff reported to the CAP that the contractor's only made a verbal report of its findings and that a written report to be shared with the CAP at a later date is pending. However, in our December meeting, we were informed by county staff that the report in question only covers noise emitted by Page 112 January 9, 2007 equipment located within the confines of the walls of the plan and that it does not address the issue of noise outside the building, such as truck traffic, well drilling and general construction, which we believe would be dramatically reduced with the construction of a berm. In light of the fact that it's taken quite some time for the consultant and county staff to provide members of the CAP with the report, we would hope that upon receiving it, we would receive some time to review it and have our consultant review it in order that we could make some recommendations to develop a landscape buffer that would aid in the reduction of sites and of the daily operation of the facility. The downside of all of this is that resident members of the CAP and residents that live in the vicinity of this facility regrettably now have become convinced that while the needs of the community at large are being met by Collier County through the construction of these facilities, the integrity and interests of those that currently reside in the vicinity of these plant facilities are being sacrificed at a cost far greater to bear. Our desires not to see, hear or smell these facilities as outlined in our first meeting with county staff and contractors have been brushed aside to the tune of, we will be within what the code allows, which we all believe may not be sufficient in this case. Even though there seems to be some disagreement on whether county staff represented that a berm would be provided or whether they simply told us from the start that we would not get one, it is now clear that either a berm or some type of sound wall is warranted, as a landscape buffer alone will not ensure the tranquility of all those that will neighbor this facility. In light of this disagreement and the stalemate that we seem to have reached with county staff in resolving this issue, as well as our concerns surrounding the noise emitted by the drilling, construction, and so forth, we are coming to you today in an effort to assist us in Page 113 January 9, 2007 jump starting a reconsideration of this important facet of construction, this facility, which in our opinion will assist those of us that have lived here prior to your decision to build this facility, to maintain a quality of life that we've come to expect out there. So on behalf of the members of the CAP, some of whom I said have joined me here today, and the residents of Waterways, as represented by the board, and neighboring residents of the proposed facility, we'd like to thank you for your time and hope that you will direct staff to reconsider and maybe take some action on your behalf to get things jump started so that we can get this place up and running. CHAIRMAN COLETTA: Mr. Commissioner Henning, would you mind if I went first? COMMISSIONER HENNING: Sure, please. CHAIRMAN COLETTA: What we have here is the fact that staff has been authorized to go to a certain level of performance on this. That level of performance is what's provided for by the LDC. Requiring a wall, for sure, to separate Orange Blossom (sic), because of the residential neighborhood that it is, we're required to build it. There's other parts of it that are going to receive this minimal berm, problem being is, that a berm of the size that would get you to the elevation you need to go would encroach upon the footprint of the land that they'd be using to such an extent that it wouldn't be practical, and I'm sure Mr. DeLony would explain it. A wall is very much needed in some of the places of this construction. I've got to remind you that this particular facility is over a mile long; is that correct, Mr. DeLony? Is it over a mile? MR. DeLONY: Sir, for the record, Jim DeLony, public utilities administrator. Sir, with regard to the perimeter of the entire site, which is about 216 acres in total, it was about 20- -- 21,000 linear feet of perimeter, which is, what, over four miles. CHAIRMAN COLETTA: Right. Now, of course, I don't think there's any need at all for a wall that goes four miles around the Page 114 January 9, 2007 perimeter of this thing. I do think that there's some needs for some additional types of buffers plus some walls in some locations. And it's something of quite a bit of detail that needs to be discussed, and I'd very much appreciate if this commission would allow this to come back as a regular agenda item where we could see all the different options that are available. Mr. DeLony, would you like to add anything to this -- MR. DeLONY: No, sir. I'll respond to questions. CHAIRMAN COLETTA: Commissioner Henning-- Commissioner Henning? COMMISSIONER HENNING: Yeah, I'll be in favor of bringing it back, but only if we direct staff to bring it back to create a district, northeast water/sewer district separate from all the other districts. Because if I take a look at -- and I just did -- the plant in Lely, that's 42 acres. This -- your project, what you're going to be building on, is 100 acres, correct? MR. DeLONY: It's -- 216 acres is the entire site. We've got park allocated -- so with the park allocation backed out of that, the actual utility site, it's 174 acres. COMMISSIONER HENNING: Hundred and seventy-four acres is yours? MR. DeLONY: Yes, sir. COMMISSIONER HENNING: Okay. That's about four times of any other facility in Collier County servicing our residents. So you've got four times the amount to do what you've got to do buffering, where the other -- you know, the southern waste plant and northern waste plant has about 40 -- 42 acres. So if you want to do anything -- I don't care if they gold plate the sewer pipes out there, it doesn't matter to me. If that's what the residents want, that's what we ought to do, but let's separate it out from all the other residents. CHAIRMAN COLETTA: I'm sorry, Commissioner Henning-- Page 115 January 9, 2007 COMMISSIONER HENNING: So that's the only way that I'll support bringing this back is if we -- if we have that service district, that northeast service district for those residents to pay for whatever costs they want. MR. DeLONY: Commissioner, may I make a correction? It's 147, not -- I transposed my numbers. But, again, it's 147 will be the actual plant. COMMISSIONER HENNING: A hundred acres more than the -- any other -- MR. DeLONY: I'm sorry to interrupt, but I wanted to correct it. COMMISSIONER HENNING: So, yeah, I'm all in favor, just make your own district, do whatever you want as far as buffering or any other extra activities that other service areas don't enjoy. CHAIRMAN COLETTA: Well, I'm not going to make that part of my motion because the assumption is you're going to box in or put up fence that would be equal to it. It might not even equal what's there down to Lely or one of the other treatment plants. COMMISSIONER HENNING: It would far exceed it. CHAIRMAN COLETTA: You don't know that. You don't know that you have to fence in that much of an area. A lot of it faces other areas. A lot of it, like where the Orange Blossom's (sic) going to go, they might build their own wall. There's a lot of questions that haven't been answered yet to be able to make the assumption that -- these people here have accepted this burden upon them, not only for their own benefit, but for the benefit of everybody to that part of Collier County. And I want us to be able to look at this thing objectively from all different angles to be able to see what we're talking about. You have no idea what the cost is. I don't think Mr. DeLony has at this point in time. We already know there's some money that's dedicated for this. How much would the additional cost be to be able to buffer those Page 116 January 9, 2007 particular areas that would be most impacted? And that's what I'd like to bring back, but I don't want to be specific saying that whatever improvements are made are going to be the total responsibility of that particular area, stand alone by themselves. They're going to be taking care of quite a bit of this cost in their own impact fees that are going to be assessed to them in the very near future, which is going to be another issue that will be coming forth in about another two years. COMMISSIONER HENNING: You have maintenance on those different kind of operations, whether it be a wall -- you said fence. CHAIRMAN COLETTA: Wall. COMMISSIONER HENNING: It's going to be fenced in anyways. So if the residents want a wall, we ought to do that. But all I'm saying is, just create its own water and sewer district out there. CHAIRMAN COLETTA: Well, let's put it this way, Commissioner Henning. My motion's going to stand to bring it back so we can look at the parameters of it. If the cost of it is such that that's the only way it could be done, we could also look at that. But I don't want to make that as the sole requirement for -- to bring it back. COMMISSIONER FIALA: Excuse me? CHAIRMAN COLETTA: Yes. Go ahead, Commissioner Fiala. COMMISSIONER FIALA: I'm sorry. I think that that's what we should be doing is discussing it when we bring it back. This isn't the time to make any of those decisions. CHAIRMAN COLETTA: Yeah. COMMISSIONER FIALA: That's what we usually do anyway. So yes, I make a motion that we bring it back. CHAIRMAN COLETTA: Okay, and I'll second your motion. And with that, any other discussion? MR. MUDD: Could I just have -- COMMISSIONER FIALA: To hear everything. MR. MUDD: Mr. Chair? Page 11 7 January 9, 2007 CHAIRMAN COLETTA: I'm sorry, one more second. COMMISSIONER HENNING: That wasn't part of the motion. COMMISSIONER FIALA: Oh, let me make it a part of my motion to hear all aspects of this, including how to pay for it. MR. MUDD: Ma'am, the -- including how to pay for it. Whatever you do to that particular site at that plant, okay, will go against the capital cost of the plant, and will -- and will end up an adjusted impact fee for Collier County. That's how we -- that's how we keep the impact fees. And all new customers, and Mr. -- and while Mr. Sullivan will be a new customer, all new customers will pay that impact fee for water and sewer service. So, in essence, some of the things they're asking for will increase their impact fee, and they will ultimately have to pay that particular bill when they hook onto the plant. Now, Commissioner Coyle, you're shaking your head, but that's how the Florida Statutes read. It's new customers hooking to the plant. So I'm going to say that in and of itself -- I didn't hear that in the public petition. And for some strange reason, the cost and impact fees, it's somehow left out of this particular discussion, but rest assured that's how the law reads. And we have seen when that happens -- in Marco Island, for instance, in the sewer service that's there, and some of the turmoil that's happened in that particular issue. But that's how the plant gets paid for, ma'am. It's probably how the wall will get paid for, too, will be an impact fee based on the water/sewer capital program. CHAIRMAN COLETTA: So in essence, it would exactly do what Commissioner Henning was saying? MR. DeLONY: Well, it would -- it you don't mind, sir, just to kick in to what the manager is saying. For the record, Jim DeLony. The impact fees that we have for the water/sewer district is one fee. There's not an impact fee for the people that live in Orangetree or Page 118 January 9, 2007 an impact fee for the people that may be building a new home in Fiddler's Creek. Within the footprint of the district, which this will be a footprint area in 2012, whatever the impact fees are in force at that time, that's what the new customers will pay. Now, in this specific case, because they have -- they're a part of -- you're assuming an existing utility -- and we've discussed this will Commissioner Coletta -- if there is any way we can apply any of that capital that you -- investment or capital infrastructure we receive as a part of that transfer from Orangetree utilities to the public to Collier County Public Utilities, then obviously there will be some offsets for those affected customers who had previously been Orangetree customers. But just to make sure we're clear, there's only one impact packet fee for the district, just one, and everyone pays it. It's a blended impact fee. It puts capital cost to all of our plant expansions throughout the district over the period of consideration, and through that methodology we have determined our impact fees. And that's the nexus of those impact fees. CHAIRMAN COLETTA: But isn't it also -- we're getting into-- deeper into this than we should be till it comes back. MR. DeLONY: Yes, sir. CHAIRMAN COLETTA: But isn't it also true that the majority of all growth and impact fees is going to be taken in that -- taking place in that particular area in the future? MR. DeLONY: No, sir. I have -- and per the approved master plan that this board approved in 6 of June of this year, this past year, we're going to have new plant expansions both in the southeast along the Manatee area, we're going to have a new water plant -- new wastewater plant somewhere out along the East Trail moving out in that area. We have an expansion to our north plant up in Commissioner Halas', district, planning to come online here in the Page 119 January 9, 2007 next four to five years. All those capital investments which are growth and growth related will be paid for through impact fees. So this represents one of the capital investments which support the projected growth within the utility districts. CHAIRMAN COLETTA: I understand. But then again, the cost of the improvements to those plants will also be shared -- MR. DeLONY: Yes, sir. CHAIRMAN COLETTA: -- by the new residents coming on-- MR. DeLONY: Yes. CHAIRMAN COLETTA: -- out there at the Orangetree utility? MR. DeLONY: Yes, sir. It's a blended -- CHAIRMAN COLETTA: This is something we can get into in much more detail -- MR. DeLONY: Yes, sir. CHAIRMAN COLETTA: -- if we bring it back. And I hope I get enough support from my commissioners to be able to give these residents their day. Commissioner Henning? COMMISSIONER HENNING: I'm fine. That was from a previous time. CHAIRMAN COLETTA: Oh, okay. Is there any other comments? (N 0 response.) CHAIRMAN COLETTA: Okay. All those in favor of Commissioner Fiala's motion and my second to allow this to come back. Is there anything we're missing here or -- MR. MUDD: I'm just trying to pin down a time when we can bring it back. MR. DeLONY: I'd like to -- CHAIRMAN COLETTA: We haven't gotten to the point we agreed to bring it back. All those in favor, indicate by saying aye. Page 120 January 9, 2007 COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: And opposed? COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Okay. So it's 3-2, so we bring it back. MR. DeLONY: Sir, I'd like to, if I could, answer Manager Mudd's question. Sir, I'd like to target either the first or second meeting in February, because what I'd like to do -- we have got some pretty detailed numbers that we've worked on this past month. And, again, I'd like to sit down and look at those carefully and weigh them carefully. I believe that we have a CAP meeting planned for Thursday of this next week; is that correct? The Friday after the CAP meeting we can talk to some -- to the CAP members, not about the numbers, but at least see what -- their options that they may have and look -- and have that package for you. So it will take me a couple weeks to do that and make sure it's sufficient. But I'd like either the first or second meeting in February to bring that back, if that's okay with the board. CHAIRMAN COLETTA: And if I may point out to the members of CAP, I appreciate your time and effort you spend with this. You can see by the vote that we took to bring this back for just discussion, it was very close, 3-2. It will take three to pass it. So when you start to dissect this and look at what can be done and can't be done, keep in mind that in order to be able to make this happen, it has to come in economically enough to convince three commissioners up here to make it happen. I appreciate your time here today. Thank you very much, Mr. DeLony. MR. DeLONY: Thank you. Page 121 January 9, 2007 Item #8A ORDINANCE2007-02: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 75-16 WHICH ESTABLISHES TIME, PLACE, AND CONDUCT OF MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS, TO CLARIFY AND PROVIDE FOR SUPERMAJORITY VOTING AS PERMITTED BY GERERAL LAW, SPECIAL LAW, ORDINANCE OR RESOLUTION - ADOPTED; RESOLUTION 2007-09: TO SETTLE CERTAIN TYPES OF LAND USE DISPUTES AND LAND USE LITIGATION B SUPERMAJOURITY VOTE - ADOPTED MR. MUDD: Commissioner, now we go to 8A. I think we've done all the public petitions. 8A is a recommendation to consider adopting an ordinance amending Collier County ordinance number 75-16, as amended, which establishes the time, place and conduct of the meetings of the Board of County Commissioners, to clarify and provide supermajority voting as permitted by general law, special law, ordinance or resolution, and to consider adopting a resolution to settle certain types of land use disputes and land use litigation by supermajority vote. Mr. Michael Pettit, from the County Attorney's Office, will present. MR. PETTIT: Good afternoon, Commissioners. Very briefly, we discussed this item once before. We've brought it -- we've had the ordinance advertised with the amendment included. What it will allow you to do -- and I've decided rather than trying to make two items, I've made it one. First you could look at this ordinance, make a decision whether you want to approve it or not. It will give you the flexibility to impose supermajority voting on certain types of items by way of resolution, and second, if you then proceed down that road, there is a resolution which was inadvertently omitted Page 122 January 9, 2007 from the agenda package, but I think you've got it in front of you now, which would allow you to address the issue -- specific issue that I think Commissioner Coyle and Commissioner Halas had had concern about previously that has led to this being brought back, which is imposing supermajority voting requirement on settlements of certain types of land use disputes when the relief we are going to grant the plaintiff would have had to be acquired by a supermajority vote in the first instance. So I'm free to entertain any questions or any comments at this point. I really don't have anything to add. COMMISSIONER COYLE: Motion to approve. COMMISSIONER HALAS: Second. MR. PETTIT: That's for the ordinance, and then I think Mr. Weigel is probably going to tell you he'd like a separate vote for the resolution. MS. FILSON: Mr. Chairman, I have speakers. CHAIRMAN COLETTA: Okay. So we have a motion, we have a second. Commissioner-- COMMISSIONER HALAS: Coyle. CHAIRMAN COLETTA: -- Coyle made the motion, Commissioner Halas seconded, and Commissioner Coletta. COMMISSIONER HALAS: It says it right there. CHAIRMAN COLETTA: It's only 2:11 and we're already getting silly. MR. MUDD: Ms. Filson, how many speakers do we have? MS. FILSON: We have one speaker. MR. ANDERSON: Mr. Chairman, Commissioners. MS. FILSON: Bruce Anderson. MR. ANDERSON: I represent only myself, and I don't come here to oppose the proposal, but I do have a couple of tweaks to suggest. One is that you should require advertised public notice so that everybody knows about it. If you're going to change something Page 123 January 9, 2007 from a majority vote to a four-fifths vote requirement, I just think that's basically fair that there should be some advanced notice about it, an opportunity to be heard. Because the way this is written, you wouldn't -- you could impose it at any time. Like I'm before you on some other matter, and you could just decide in the middle of that hearing, well, let's increase the vote requirement from a majority to four- fifths, and that ordinance would enable you to do that, but there would have been no prior warning, no notice beforehand to be heard. That's my first point. My second point is, the ordinance itself, it seems to me that if you are going to adopt a four-fifths vote requirement for anything, that the four-fifths vote requirement itself should receive a four-fifths vote and not just a majority. It seems somewhat inconsistent to be able to change it with only a majority vote, and those are my only two comments. Thank you. MR. PETTIT: Just a comment. I think Mr. Anderson's suggestion about the advertisement is probably not a bad one for public notice because it is extraordinary to go from a majority to supermajority. The second point I think we addressed when I was here before. Ms. Belpedio and I did a fair amount of research on this, and we cannot find anything that says that a majority of a board or a commission or a council is prevented from imposing a supermajority requirement on itself. So there's no legal constraint there. So those are my two responses. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Are you telling me that this isn't considered public notice? MR. PETTIT: I think -- correct me if I'm wrong, Mr. Anderson. I don't think he's complaining about this. I think he's saying that in the future, let's suppose -- we came across this issue with the Bert Harris case. Some other issue like that arises, I think what he's suggesting is Page 124 January 9, 2007 that before you would vote on a resolution to change the vote from majority to supermajority, you would give some sort of advertisement to the public or special notice to the public so they could come in and comment. I don't think he's complaining about what's before you today; am I correct? MR. ANDERSON: You are correct. COMMISSIONER COYLE: Give me a break. MR. PETTIT: We did have advertised -- COMMISSIONER COYLE: Give me a break. It's advertised. My motion stands. COMMISSIONER HALAS: My second stands. COMMISSIONER COYLE: Call the question. CHAIRMAN COLETTA: Is that it? No one else? No other comments? COMMISSIONER HENNING: Yeah. I -- so this is only going to be imposed upon items that are -- require a supermajority anyways, correct? COMMISSIONER COYLE: That's correct. COMMISSIONER HALAS: That's correct. MR. PETTIT: As we drafted this, what we tried to do was make the point that there are items under general law and ordinance, and even resolution, that already exist that require a supermajority vote by this board. COMMISSIONER HENNING: Right. MR. PETTIT: What we've done here is added a provision in your procedures ordinance to allow you to adopt additional resolutions in the future to impose supermajority. If you approve this ordinance, then you can consider whether you want to adopt a draft resolution that we passed out which would have the effect of requiring you to have a four-fifths vote to settle a land use dispute where the relief being granted to the plaintiff or the claimant Page 125 January 9, 2007 would have typically required a four-fifths vote, for example, a rezoning that had gone through the normal land use process. COMMISSIONER HENNING: So -- and the resolutions, we're only talking about land use? MR. PETTIT: In this instance we are only talking about land use. It might be that there may be other situations that arise in the future where you want to do the same thing. But the only resolution -- if you adopt this ordinance, the only resolution for you to consider today is the resolution regarding land use settlements. COMMISSIONER HENNING: Okay. And I'm not going to support that because I think that anything that requires a majority (sic) to adopt, any subsequent action after that should take a supermajority to adopt, like the tourist development ordinance. If you amend it, it still takes a supermajority to adopt, but their budget takes a supermajority to adopt; am I correct? So if you amend the budget of the tourist development, it only takes a simple majority. And all I'm saying is, anything that takes a supermajority that any after-the-fact amendments should take a supermajority too, and that isn't what we have before us today. CHAIRMAN COLETTA: Commissioner Henning, I agree with you, but also I'll tell you, if it wasn't for Sandalwood, I might still have supported it, which would have given it a supermajority approving it. This has happened because of what happened with Sandalwood. It's for Sandalwood that I've seen the dangers of what could happened. I know we would have lost that lawsuit and we would have been in a lot of serious -- a very serious situation. If it wasn't for that, I probably could support it, but I'm not going to be able to support it either. COMMISSIONER HENNING: So what we're saying here is, we can take away property rights that requires a supermajority, but when it comes to fiscal actions, it only takes a simple majority? CHAIRMAN COLETTA: In any case, we still have a motion before us and second, and I don't want to drag this out any longer. Page 126 January 9, 2007 No other comments, with hearing none, all those in favor, indicate by saying aye? COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Opposed? Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: And it passes 3-2. MR. PETTIT: And the second issue then that would be before you would be the question of the resolution. COMMISSIONER COYLE: Motion to approve. COMMISSIONER HALAS: Second. COMMISSIONER FIALA: Could I ask in that resolution, will it also say about making sure that there's -- if it changes to a four vote, that it must be advertised and give people adequate notice that the voting requirement has changed? MR. WEIGEL: Well, the motion does not reflect that at this point, Ms. Fiala. COMMISSIONER FIALA: Well, can it? MR. PETTIT: Are you talking about the resolution now? COMMISSIONER FIALA: Yes. MR. WEIGEL: She is, yes. MR. PETTIT: At this point the motion doesn't reflect that. Among yourselves, you could make a decision to amend the motion. The resolution, as drafted, relates to settlements of land use disputes only. COMMISSIONER FIALA: And that's only four votes anyway, right? MR. PETTIT: It would require -- if this board approves this resolution today, then it would require you to have a four-fifths vote in the future on the settlements of land use disputes. Page 127 January 9,2007 COMMISSIONER FIALA: And they're always advertised four-fifths anyway? COMMISSIONER COYLE: Yeah, that's right. COMMISSIONER FIALA: Okay. I just want to make sure that whatever -- you know, according to what Bruce said, if it changed while we're sitting up here, that then we would give people adequate notice. CHAIRMAN COLETTA: I'm sorry. Commissioner Coyle? COMMISSIONER COYLE: Yeah, that's the point. Any decision that we're going to vote on, whether it's three-fifths or -- three-fifths or four- fifths, has to be advertised. We can't take a vote otherwise, so that's -- it's a moot point. Of course people are going to know that we're voting on it. Now, the -- we do not always advertise -- I don't know that we advertise in any of these -- how many votes it takes for approval. That's specified by our ordinance, or our resolution, which we're about to pass. I hope we're about to pass it. MR. PETTIT: Yeah, typically, I mean in -- typically the advertisement is one thing, notice is another. Our agenda's published, and the items on the agenda are published usually Thursday, I think, before the meeting on Tuesday. And then in some instances -- for example, this ordinance had to be advertised 10 days before this meeting. But in any case, there would be public notice of some type typically COMMISSIONER COYLE: Of course. MR. PETTIT: I think what Mr. Anderson's concern was is that somehow, maybe on the floor or something, there would be a decision to make something four-fifths vote. COMMISSIONER COYLE: That's not what we're doing. COMMISSIONER FIALA: But all land uses are really four anyway, right? And this pertains to land uses. I just wanted to make sure that nothing would come back to bite Page 128 January 9, 2007 us somehow because then they'd say, oh, well, we weren't informed and so now we're going to impose a Bert Harris Act on you or something. Okay, fine. As long as we're clear on that. MR. PETTIT: This resolution simply provides that if we have a settlement -- and usually it would be in the Bert Harris Act context. F or example, we come before you and the petitioner -- or complainant comes before you and says, we want to settle on these grounds, and one of the things that they're asking for would be in the nature of a conditional use or an amendment of a PUD, something that typically requires, as I understand it, four votes, that to approve that settlement, this board would, if you approve this resolution today, have to have four or five members voting to approve it. MR. WEIGEL: But Mr. Chairman and Ms. Fiala, if I may add to that for Ms. Fiala's question area, is that a four-fifths vote would be required where it's previously not been required, but it is not necessarily advertised as a paid advertisement in the Naples Daily News, this particular kind of agenda item. All we were addressing at this point was increasing the voting requirement of a mere majority to four-fifths, and yet the settlement of the lawsuit may involve land use matters such as a rezone or a PUD amendment, conditional use, which in the normal administrative legislative review would have taken four-fifths vote in the normal context of that -- of a developer application. COMMISSIONER FIALA: Thank you. MR. WEIGEL: So this resolution will not require that the agenda item be advertised as a paid advertisement in the Naples Daily News. But Mr. Pettit has indicated that the matter will always be part of the notice that's provided through the agenda. But the board will know, and everyone's on public notice upon the adoption of this resolution -- should be on notice legally -- that a four-fifths vote will be required for any future approvals that the board may do on this -- in this area. Page 129 January 9, 2007 COMMISSIONER FIALA: Okay. CHAIRMAN COLETTA: Okay. Is that the end of discussion? No other comments? COMMISSIONER COYLE: Nope. We've got a motion on the table. CHAIRMAN COLETTA: We've got a motion on the table. I believe you made the motion? COMMISSIONER COYLE: Yes. CHAIRMAN COLETTA: Okay. COMMISSIONER HALAS: I seconded it. CHAIRMAN COLETTA: And Commissioner Halas seconded the motion. The motion was made by Commissioner Coyle. All those in favor of the motion, please indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Opposed Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: And the motion passes 3-2, with Commissioner Henning and Commissioner Coletta in the negative. MR. PETTIT: Thank you. MR. MUDD: Commissioner, the next item is-- CHAIRMAN COLETTA: Before we start the next item, why don't we take a break about seven minutes early, rather than just get started, and then we could get right into it and we can stay with the item; 10 minutes. Be back here at 2:35, give you an extra minute. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, Commissioners, you have a hot mike. Item #8B Page 130 January 9, 2007 ORDINANCE 2007-03: RZ-2006-AR-10150 BUSKSTONE ESTATES, LLC, REPRESENTED BY WILLIAM L. HOOVER, AICP OF HOOVER PLANNING AND DEVELOPMENT, INC. AND RICHARD YOV ANOVICH, OF GOODLETTE, COLEMAN & JOHNSON, P.A., REQUEST FOR A REZONE FROM THE RURAL AGRICLUTURAL (A) ZONING DISTRICT TO THE RESIDENTIAL MULTI-FAMIL Y-6 ZONING DISTRICT KNOWN AS SCENIC WOODS - ADOPTED Commissioner, this brings us to item 8B. It used to be 17B. It was asked to be moved from the summary agenda to the regular agenda. It's an advertised-- COMMISSIONER FIALA: Did we do 8A? MR. MUDD: -- item. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's RZ-2006-AR-I0150, Buckstone Estates, LLC, represented by William L. Hoover, AICP, of Hoover Planning and Development Inc., and Richard Yovanovich of Goodlette, Coleman & Johnson P.A., requests a rezone from the rural agricultural zoning district to the residential multifamily-6 zoning district with a limit of four homes per acre for a 4.61-acre project known as Scenic Woods. The property is located on the south side of Wolfe Road approximately one half mile west of Collier Boulevard, County Road 951, in Section 34, Township 48 south, Range 26 east, Collier County, Florida. This item was asked to go from the summary to the regular agenda by Commissioner Coyle. CHAIRMAN COLETTA: Well, Commissioner Coyle isn't here just yet. COMMISSIONER HALAS: Do you want me to give ex parte? Page 131 January 9, 2007 COMMISSIONER FIALA: Yeah, just go -- CHAIRMAN COLETTA: Yeah. Ex parte on the part of the commissioners. Let's start off with Commissioner Henning. COMMISSIONER HENNING: Nada, nothing. CHAIRMAN COLETTA: Nothing. Commissioner Fiala? COMMISSIONER FIALA: Nada, except I spoke to Rich Y ovanovich in the hall for about a minute. CHAIRMAN COLETTA: That counts. COMMISSIONER FIALA: Okay. CHAIRMAN COLETTA: Okay. And I received emails and three phone calls from Mr. Y ovanovich. Do you, Commissioner Halas? COMMISSIONER HALAS: Yes. And I have no ex parte on this item. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: And I talked with Mr. Yovanovich. CHAIRMAN COLETTA: Okay. I'm going to ask you to lead off since you pulled this item, and we'll take it from there. COMMISSIONER COYLE: Okay. As you might recall, during our last meeting we discussed what the Growth Management Plan provides, and we had asked staff to provide us with a clear assessment of the assumptions they were making concerning concurrency at any time we were considering a rezoning, and I'll -- I will quote from the attorney's letter who was advising the staff about concurrency issues. It says, the Growth Management Plan Transportation Element, policy 5.1, prohibits the county from approving a rezone request that significantly impacts a roadway segment already operating or proj ected to operate at unacceptable level of service within the five-year planning period unless specific mitigation factors are identified. So I asked the staff -- it was not included in our executive Page 132 January 9, 2007 summary, so I asked the staff to tell us what the level of service is on the two roads that are primarily impacted, and they have informed me that Collier Boulevard is currently failing with a negative capacity of minus 738, but it is under construction with an anticipated substantial completion date of the first quarter of '09 -- that's over two years from now -- and that Vanderbilt Beach Road is also failing with a negative capacity of minus 690 and the construction started in the first quarter of'05. And the contractor's now asking for an extension for completion to the third quarter of '08, so we're looking at almost two years on that one for completion. My concern is that we clearly have two failing road segments. It is a small project. There's no question about it. It's not a major project. But as I have informed Mr. Y ovanovich, I think the principles apply whether it's a small project or a big project, and the principle I'm concerned about is that Growth Management Plan prohibits the county from approving a rezone request that significantly impacts a roadway segment already operating or projected to operate at an unacceptable level of service. It is currently operating at unacceptable level of service, and that's why I wanted to have this pulled. I am not inclined to vote for it until such time as this capacity exists. I could very comfortably vote for it in two years whenever the capacity exists. I cannot comfortably vote for it now when the capacity doesn't exist for a couple of reasons, number one is, that in one case the contractor is already asking for a substantial increase in completion date, or delay completion date. We don't know when it's going to be completed. So I have no interest in putting more rezoned property in the backlog when we have failing roads there right now. CHAIRMAN COLETTA: Ifwe can, I'd like to go to Mr. Y ovanovich. Page 133 January 9, 2007 MR. MUDD: Mr. Chairman, point of order, please. If you would please ask the court reporter to swear in everybody that's about ready to speak, that would be very helpful. CHAIRMAN COLETTA: Yeah, I'm new at this. MR. MUDD: That's okay, sir. CHAIRMAN COLETTA: That's why I got Commissioner Halas sitting here to my right to advise me. Where were you? Would you please swear the -- those people in that wish to speak on this item. (The speakers were duly sworn.) CHAIRMAN COLETTA: Thank you. I appreciate you pointing that out. MR. YOV ANOVICH: If I may, I'm Rich Yovanovich on behalf of the petitioner. If I could just give a brief overview of the project then respond specifically to some of Commissioner Coyle's comments, I would appreciate that. First, keep in mind, this is a 4.6-acre rezone, straight rezone, for RMF-6 with a density cap of four. Where in -- under the comprehensive plan, we cannot have more than four units per acre, therefore the project at its maximum could be 18 units. From a transportation standpoint, this is not a significant impact on either one of those roads. This is one-tenth of 1 percent of the adopted level of service. The level of service significance test is a 3 percent impact. It is also 100 percent consistent with the existing concurrency system Collier County has in place. The concurrency management system in place today says you count the road as improved if it's in the first two years of your five-year plan. This is even better than that. This is actually under construction. So if you were to apply concurrency at the time of rezone, which you all have discussed doing, we are concurrent at the time of rezone. Page 134 January 9, 2007 So I believe we are 100 percent consistent with the comprehensive plan as well as 100 percent consistent with your concurrency management system. So I would say there is a dist -- there is a difference, Commissioner Coyle. We're not -- we're not a significant impact. We're -- de minimis is less than 1 percent. We're even -- we're one-tenth of 1 percent. So there's really -- we don't meet that first test of analyzing the significance in policy 5.1. Even if you did, you do have to include the improvements that are already under construction. We have received unanimous recommendation of approval from your Planning Commission, and you have seen from your Planning Commission specifically in this area of the county, when they have a concern about a project that's going to negatively impact either Collier Boulevard or Vanderbilt Beach Road, they will -- there is a -- there's a portion of the Planning Commission that will vote against any proj ect. They did not feel that this proj ect, because it was only 18 units, rose to the level that even those individuals who are vigilant in defending Collier Boulevard and Vanderbilt Beach Road, if you will, felt that there was any reason to not support this particular proj ect. So what we're requesting is that you follow your Planning Commission's recommendation, that you approve the rezone. It is only 18 units. It's an insignificant impact to the roads. The roads are under construction. Realistically, if we got approval today, we wouldn't probably get our first CO until April 1 of'08 anyway, and that's when Vanderbilt Beach Road is scheduled to be completed. Whether you give the contractor an extension, I don't know. My conversations with transportation staff is, they don't see a reason to give your contractor an extension out there. But be that as it may, our COs will be coming onboard when that road is -- Vanderbilt Beach Road is scheduled to be improved anyway. Access will be via Pristine Drive, which is the north/south connector. Page 135 January 9, 2007 I've got -- I would like to put another map up on -- this is actually from our transportation study, which I believe you have in your agenda, but it shows you the trip distribution of what we're going to have. In the peak hour, which is -- the worst peak hour is the afternoon peak hour. We will have nine peak hour trips, nine. In the morning peak hour we'll have eight. So we only have nine trips in the peak hour added to your transportation system, and you will see, they basically all use Pristine Drive coming down to Vanderbilt Beach Road, and that will be the road that will be completed first. Collier Boulevard will be completed second. So it's really -- this is -- I don't believe this is the project that you would say needs to be stopped. It's a de minimis impact. The roads are under construction. Your Planning Commission didn't see any issues with the project, and we would hope that the Board of County Commissioners will move forward with and follow the Planning Commission's recommendation. I also -- since there was a straight rezone, we didn't deal with something we usually deal with in a PUD, which is the commitment for a donation of $1,000 per unit for affordable housing. That -- we always understood that that was an obligation to do that. Since it's not a PUD, I wasn't aware that you can actually include that in the zoning resolution. Apparently at your last Planning Commission -- I mean last board meeting you had, you had a straight rezone where you did impose that condition as a condition of rezonIng. We're comfortable adding that to our rezone resolution, that we would contribute $1,000 per unit, or whatever the fee ultimately is, for a linkage fee for each unit as a CO is issued for that, so we want to add that to the record because that was a commitment that all of my clients have made, and that was a commitment this client was willing to make Page 136 January 9, 2007 as well. So I think I've -- again, it's -- we're requesting your approval. And I'll answer any questions you may have. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: I think you're referring to 6.02 of the Land Development Code on the concurrency -- MR. YOV ANOVICH: Okay. COMMISSIONER HENNING: -- adequate public facilities. MR. YOV ANOVICH: Yes, sir. COMMISSIONER HENNING: And I think what that does is follows the Growth Management Plan, 5.1, 5.4; am I correct, County Attorney, on how we correct -- how we count concurrency? MS. STUDENT-STIRLING: It would be in the transportation, and I see that Mr. Scott is here, but it would be under, I believe it's 5.1 or 5.2 of the transportation element where you look and see if there is a significant impact, and that's the consistency determination. And in the way the system is currently set up, you do that first. And then later when they come in to get site plan approval or other permitting, then you look at the checkbook concurrency management system to see if they're concurrent. COMMISSIONER HENNING: Okay. MS. STUDENT-STIRLING: I would ask Mr. Scott if I have summarized that correctly. COMMISSIONER HENNING: He's shaking his head yes. So what you're saying is, the Growth Management Plan transportation element dictates that -- what our transportation concurrency -- MS. STUDENT -STIRLING: Yes, at the -- at the rezone level. And since Mr. Scott is the expert, I would like him to maybe give a little more detail, because when you're making a record, attorney argument is one thing, but having the expert testimony is what -- the factual testimony is something else. So I would like Mr. Scott to elaborate further on the legal parameters that I stated. Page 137 January 9, 2007 COMMISSIONER HENNING: Thank you. MR. SCOTT: Donald Scott, transportation planning. The first part of what was read for the -- for 5.1 and 5.2, it specifically follows at the end of -- unless there's mitigation, we assume the widening of those roadways as mitigation towards what they're talking about for the failing roadway segments. COMMISSIONER HENNING: Assuming the widening of Vanderbilt Beach -- MR. SCOTT: Vanderbilt and Collier, which are both under construction. Now, to this date -- I know Rich has said within two years. Even what we're trying to do right now is -- what the board's trying to do with the EAR, is that it's under construction, and both of those are under construction. COMMISSIONER HENNING: Okay. It's not with -- within your capital improvement. What it says in, I think, 5.1, if it's in your capital improvement plan to be constructed within those two years, it can be considered as consistent with our Growth Management Plan? MR. SCOTT: Yes. COMMISSIONER HENNING: But this one, like it was stated, it's actually under construction? COMMISSIONER HENNING: Right. MR. SCOTT: Right. COMMISSIONER HENNING: So this might be the test of all tests for property rights. That's my final question. CHAIRMAN COLETTA: Okay. Commissioner Halas? COMMISSIONER HALAS: Yes. This again brings up the fact about de minimis traffic on a failing road system, and I feel as strongly about it as Commissioner Coyle does. My concern is, the petitioner has already spoken that their COs possibly won't take place until pretty close to the completion of the roads. How about accepting the fact that there would be no COs until the road is -- both roads completed? Page 138 January 9, 2007 MR. YOV ANOVICH: Well, Commissioner Halas, if I can, since we really don't have any impact on Collier Boulevard, we can agree to the condition on Vanderbilt Beach Road, which I think is fair and we can agree to that condition. I don't think Collier Boulevard should become a requirement for that particular project because there's really no impact to Collier Boulevard, so if that's a reasonable compromise to you. We're hoping that you're going to not give the extension to the contractor, but it should be about the same time. COMMISSIONER HALAS: Yeah. Well, whether we give an extension to the contractor or he runs -- MR. YOV ANOVICH: Right, I understand. COMMISSIONER HALAS: -- into unforeseen problems, I still would like to make sure that we don't impact that particular road segment until such time as it's adequately widened enough to accept any traffic, whether it's de minimis or whether it's 3 percent. MR. YOV ANOVICH: And we're talking about Vanderbilt Beach Road in front of our project, correct? COMMISSIONER HALAS: Vanderbilt Beach Road in front of your project. I believe that hopefully that will be all done by sometime early part of 2008. MR. YOV ANOVICH: And there'd be CO -- we'd be limited to no COs until that portion of the proj ect in front of our -- that portion of Vanderbilt Beach Road in front of our project is completed, or substantially completed. COMMISSIONER HALAS: How 'bout Vanderbilt being done from 951 west to Airport? That's it. MR. YOV ANOVICH: Okay. CHAIRMAN COLETTA: That would be your motion? COMMISSIONER HALAS: That's my motion. CHAIRMAN COLETTA: And I'll second it. Commissioner Coyle? Page 139 January 9,2007 COMMISSIONER COYLE: I just wanted to make the observation that I do not accept any traffic on a failing road to be de minimis under any circumstances, and that's pretty much what Growth Management Plan says. If you follow that logic, that de minimis traffic is okay, then we can approve 15, 20 or 30 de minimis developments in the same area, and we'll all be saying, well, okay, it's de minimis. It really doesn't have any impact. That's really not the case. And -- but my concern is that traffic -- the traffic impact for this proj ect or any other proj ect does not start at CO. The traffic impact starts the minute you start clearing the lot, okay? You start having trucks there, you have workers there. You have all sorts of traffic on roads. So when you say that you can't have a CO until the road capacity exists, we're not really considering the traffic that occurs before CO is ready. So I have a problem with all these things. We've let these things slide in the past. And if we keep doing it, things are just going to keep getting worse. And as I said, I know this is a relatively small project, but principle is principle. If we're going to adhere to principle, we ought to do it for one project and all projects. CHAIRMAN COLETTA: And if I may, I'm going to close the public portion of this meeting. You're right, Commissioner Coyle, to a point. The problem is is that we've got rules and regulations, and we can't readdress them on the fly. We can only deal with what's before us, and we can change them as we get into it. So I, for one, can see a reason why this project has validity. So with that, is there any other comments? Mr. Y ovanovich, I hope it's a short comment. MR. YOV ANOVICH: It is. I just want to make sure that the two stipulations are in the motion. One, no COs until the traffic is open, and also the affordable housing stipulation is part of Mr. Halas' Page 140 January 9, 2007 motion. CHAIRMAN COLETTA: I believe that was correct. COMMISSIONER HALAS: That's in my motion. CHAIRMAN COLETTA: Okay. And my second. What about you, Mr. Weigel, anything else? MR. WEIGEL: Mr. Y ovanovich just covered what I was raising. Thank you. CHAIRMAN COLETTA: With that, no other comments, all those in favor indicate by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: Okay. So it's 4-1. It passed. Thank you. Item #9 A RESOLUTION 2007-10: APPOINTMENT OF ANNETTE M. ALVAREZ TO THE PELICAN BAY SERVICES DIVISION BOARD - ADOPTED MR. MUDD: Commissioner, that brings us to our next item, which is 9 A. Appointment of a member to the Pelican Bay Services Division Board. COMMISSIONER HALAS: I make a motion that we approve the nomination of Annette M. Alvarez. COMMISSIONER HENNING: Second. CHAIRMAN COLETTA: We have a motion from Commissioner Halas and a second by Commissioner Henning for Page 141 January 9, 2007 approval. All -- any other comments? (N 0 response.) CHAIRMAN COLETTA: Hearing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: And opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 5-0. Item #9B RESOLUTION 2007-11: RE-APPOINTMENT OF LORETTA MURRAY AND APPOINTMENT OF CONSTANCE L. BETTINGER TO THE LIBRARY ADVISORY BOARD - ADOPTED MR. MUDD: Commissioner, that brings us to our next item, 9B, appointment of members to the Library Advisory Board. COMMISSIONER HENNING: Mr. Chairman, I make a motion that we approve Loretta Murray and Connie Hennink. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: Okay. We have a motion from Commissioner Henning and a second by Commissioner Fiala. Any other comments? (No response.) CHAIRMAN COLETTA: Hearing none, all those in favor, indicate by saying aye. Page 142 January 9, 2007 COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 5-0. Item #9C RESOLUTION 2007-12: RE-APPOINTING LAWRENCE BAYTOS, JOHN BARLOW, ROBERT BENNETT, SYDNEY BLUM (W /W AIVER OF TERM PROVISIONS), AND JAMES VAN FLEET TO THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE - ADOPTED MR. MUDD: Commissioner, that brings us to our next item, 9C, appointment of members to the County Government Productivity Committee. COMMISSIONER HENNING: Mr. Chairman, I make a motion that we accept the committee's recommendations to reappoint the following, what is it, four or five members. CHAIRMAN COLETTA: Accepting the committee's recommendation will cover it very well, Commissioner Henning. COMMISSIONER HENNING: Sorry about that. CHAIRMAN COLETTA: That's okay. And I'll second that. COMMISSIONER HALAS: Second, okay. CHAIRMAN COLETTA: So we have a motion by Commissioner Henning, a second by Commissioner Coletta. Any comments? (No response.) Page 143 January 9,2007 CHAIRMAN COLETTA: Hearing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 5-0. COMMISSIONER COYLE: We have to waive ordinance 2000-55. MS. FILSON: Oh, I'm sorry. COMMISSIONER COYLE: Section D. MS. FILSON: That was on the second page, and I didn't catch that. COMMISSIONER COYLE: I would make a motion that we waive that provision. COMMISSIONER HALAS: I'll second that. CHAIRMAN COLETTA: Okay. We have a motion to waive that provision by Commissioner Coyle and a second by Commissioner Halas. And seeing no discussion, all those in favor indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: They ayes have it, 5-0. Page 144 January 9, 2007 MR. MUDD: And that waiver was on item 9C, the County Government Productivity Committee appointee. COMMISSIONER COYLE: That's correct, yes. Item #9D RESOLUTION 2007-13: APPOINTMENT OF KATHLEEN K. DAMMERT TO THE LELY GOLF ESTATES BEAUTIFICATION ADVISORY COMMITTEE - ADOPTED MR. MUDD: That brings us to our next item, which is 9D, appointment of a member to the Lely Golf Estates Beautification Advisory Committee. COMMISSIONER FIALA: Recommendation -- or rather I motion that we accept the recommendation from the committee of Kathleen Dammert. COMMISSIONER HALAS: Second that. CHAIRMAN COLETTA: Okay. Motion by Commissioner Fiala, second by Commissioner Halas. Any discussion? (No response.) CHAIRMAN COLETTA: All those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: And the ayes have it, 5-0. Item #9E Page 145 January 9, 2007 RESOLUTION 2007-14: APPOINTMENT OF ROGER JACOBSON TO THE ENVIRONMENTAL ADVISORY COUNCIL - ADOPTED MR. MUDD: Commissioner, the next item is 9E, appointment of a member to the Environmental Advisory Council. COMMISSIONER HALAS: I make a motion of Robert Jacobsen. CHAIRMAN COLETTA: I second that. COMMISSIONER HALAS: Okay. CHAIRMAN COLETTA: And we have a motion by Commissioner Halas, second by Commissioner Coletta. All those -- any discussion? (No response.) CHAIRMAN COLETTA: Hearing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: The ayes have it, 5-0. Item #9F RESOLUTION 2007-15: APPOINTMENT OF JEFFREY CARTER TO THE HABITAT CONSERVATION PLAN AD HOC COMMITTEE - ADOPTED MR. MUDD: The next item is 9F, appointment of a member to the Habitat Conservation Plan Ad Hoc Committee. COMMISSIONER HALAS: The commissioner from that district. Page 146 January 9, 2007 CHAIRMAN COLETTA: Okay. Well, motion to approve the committee's recommendations of Jeffrey Carter. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: Motion by Commissioner Coletta, second by Commissioner Fiala. Any discussion? (No response.) CHAIRMAN COLETTA: Hearing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: The ayes have it, 5-0. Item #9G RESOLUTION 2007-16: APPOINTMENT OF MARIA C. MITCHELL TO THE HISPANIC AFFAIRS ADVISORY BOARD- ADOPTED MR. MUDD: Next item is 9G, appointment of a member to the Hispanic Affairs Advisory Board. COMMISSIONER HENNING: Make a motion we appoint Maria Mitchell. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: Motion by Commissioner Henning, second by Commissioner Fiala. Any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, Page 147 January 9, 2007 indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: The ayes have it, 5-0. Item #9H RESOLUTION 2007-17: APPOINTMENT OF GLENN HERRIMAN TO THE CONTRACTORS' LICENSING BOARD - ADOPTED MR. MUDD: Next item is 9H, appointment of a member to the Contractors' Licensing Board. COMMISSIONER HENNING: Make a motion we appoint Glenn Herriman. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: We've got a motion by Commissioner Henning, second by Commissioner Fiala. Any discussion? (No response.) CHAIRMAN COLETTA: All those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: The ayes have it, 5-0. Item #91 Page 148 January 9, 2007 DET AILS OF GOODLAND OVERLAY TO BE CONTINUED TO A FUTURE MEETING - CONSENSUS MR. MUDD: The next item is 91. It's a discussion on details of the Goodland Overlay. I believe that Ms. Fullmer was -- and group have left. There was some confusion whether we're going to do this or we're going to continue this to the 23rd with the public petition. I said it's probably going to be continued based on the board's stipulations to the 23rd of January. I hope I didn't overstep my bounds. COMMISSIONER FIALA: No, I think that's the way we all understood. COMMISSIONER COYLE: I think that's what we understood. MR. MUDD: Yeah. COMMISSIONER HALAS: I just want to make -- ask the county attorney one more time, that the motion that we made, we're not putting the county in any kind of jeopardy, are we, in regards to property rights? COMMISSIONER HENNING: Not yet. MR. WEIGEL: No, you've not at this point. And Mr. Schmitt is going to put the property owners of the property at issue on notice, but he is not taking any action preventing them from continuing to the next time. COMMISSIONER HALAS: I just want to explain, that was my nay vote, because I was concerned that deep down there might be some problems in regards to property rights in regards to people that have lots on the area of Goodland. So that's -- CHAIRMAN COLETTA: That's fine, Commissioner Halas. Appreciate you sharing that with us. MS. FILSON: And I do have three speakers, and you say they're gone, correct? COMMISSIONER FIALA: I believe so. Page 149 January 9, 2007 CHAIRMAN COLETTA: You can call them off just to make sure. MS. FILSON: Connie Fullmer, Bob Bromley, and Debby Pappy. COMMISSIONER FIALA: Gone. Item #9J RECONSIDERATION OF PETITION A VROW-2006-AR-9918- DENIED MR. MUDD: Next item, Commissioners, is 9J, it's a request to reconsider petition A VROW-2006-AR-9918. And this request for reconsideration was asked for by Commissioner Fiala. COMMISSIONER FIALA: Did you want me to just say? CHAIRMAN COLETTA: Yes, please. COMMISSIONER FIALA: Well, I was called by the petitioner, and they said they had some new information that they would like to present that they weren't able to present the last time because the meeting had been kind of broken up, and I said, well, we're glad to hear what else -- whatever else they have to say. CHAIRMAN COLETTA: If you'd like to call them up, please do. MR. WEIGEL: No. MR. MUDD: Commissioner, on this particular-- CHAIRMAN COLETTA: I'm sorry. Are we out of line? MR. MUDD: Well, we are a little bit. COMMISSIONER COYLE: It's not a hearing. MR. MUDD: Normally when you do a request for reconsideration, you vote to reconsider the item, and then you specify within the next two meetings which meeting you would like it to come to so that it can be advertised and go through that process. Now, if there's a specific item that you want some clarification on Page 150 January 9, 2007 COMMISSIONER FIALA: No, that's fine. I just want to follow protocol. Okay, fine. COMMISSIONER HENNING: So I'll second your motion. COMMISSIONER FIALA: Okay. Thank you. COMMISSIONER HALAS: My concern is that I think we're -- we, as the Board of County Commissioners, are being put in a situation where we're trying to make a determination about two property owners, and to try to come up being -- using us as the litigators in regards to whether we should close roads because we have a business that wants to remain open. And I feel that -- and I'm only putting this out as information -- that I believe that those two parties need to come together and come up with a consensus so, therefore, then it gives us a clearer picture of what direction we need to go as Board of County Commissioners and possibly vacating some roads. CHAIRMAN COLETTA: Okay. Any other comments? (No response.) CHAIRMAN COLETTA: We have a motion on the floor by Commissioner Fiala, a second by Commissioner Henning. Did I get that sequence right? COMMISSIONER HENNING: Yep. CHAIRMAN COLETTA: Okay. No other discussion? (No response.) CHAIRMAN COLETTA: This has to do with the reconsideration. All those in favor of a reconsideration at a future date that will be set, indicate by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. Page 151 January 9, 2007 CHAIRMAN COLETTA: Aye. And so reconsideration was refused. Okay. Next item? MS. FILSON: Was that 2-3? MR. MUDD: There was two people that voted for it, and there were three people that voted against it. The people that voted against it were Commissioner Coyle, Commissioner Halas and Commissioner Coletta. Did I miss -- I think I heard that right. Item #9K CHANGE THE NAMES OF COLLIER REGIONAL MEDICAL CENTER TO PHYSICIANS REGIONAL MEDICAL CENTER- COLLIER BOULEVARD AND PHYSICIANS REGIONAL MEDICAL CENTER-PINE RIDGE - APPROVED Next item is item 9K. It's a Physicians Regional -- excuse me. Let me read it. 9K. It's a name change of the Collier Regional Medical Center to the Physicians Regional Medical Center, Collier Boulevard, and a name change of the Physicians Regional Medical Center to the Physician's Medical Center, Pine Ridge. The item was asked to be added based on a letter that Commissioner Coletta received from the petitioner, and staff couldn't approve the name changes because they all start with Physicians Regional Medical Center, and you have two items that are the same, even though they have street differences. If the streets were in the front of the name instead of the name of the physician thing, then staff could have done it because you didn't have the same names on the particular title, and that's it. CHAIRMAN COLETTA: I know, and I appreciate that. I'd like to call Mr. Schmitt up for just a minute. And I understand that staff has a certain protocol that they have Page 152 January 9, 2007 to go through to be able to make these decisions, but the commission can step in at any point in time and override that protocol if they think that it isn't justified. Do you see any serious item here that would be detrimental to the health, safety and welfare of Collier County with these name changes? MR. SCHMITT: For the record, Joe Schmitt, your community development/environmental services division administrator. To answer your question, from my point of view, no. I think they're, frankly -- logically they're pretty distinguishable locations. I do have emails we sent off to the two fire districts and to the 911. All three of them are relatively soft denials saying, the county ought to stick with its protocols, but there's nothing specifically stating directly that the board should not approve this. So I leave it to your discretion. And it is prohibited by code, section 13 under ordinance 2003-14, no street development, building or subdivision shall bear the same name or similar sounding names as another development, building, subdivision or street in the incorporated or unincorporated area of Collier County. Your discretion, if you want to approve it from my perspective, I see no reason -- CHAIRMAN COLETTA: I appreciate that, Mr. Schmitt. Commissioner Henning? COMMISSIONER HENNING: Shouldn't this be on a different format? Shouldn't this be -- since our staff is recommending denial, there's -- this is just an add-on with a request to change a name. But shouldn't we have our staffs input? CHAIRMAN COLETTA: I agree with getting staff input, and that's why I asked Mr. Schmitt to come up front. I have no opposition. I just didn't see this as any earth shaking item that required a tremendous amount of commission's time; however, if my fellow commissioners would like to see this brought back as an agenda item, Page 153 January 9, 2007 I'd be more than happy to support that particular motion. But I don't think it's of any real serious consequence, this particular name change. That was my own particular outlook on it. Now, if somebody else has a different opinion, that's fine, I'm willing to listen to it. Commissioner -- I'm sorry. Somebody's got a comment. MS. FILSON: No, sir. I wanted to let you know I have two speakers. CHAIRMAN COLETTA: Okay. We'll come to that. Commissioner Halas? COMMISSIONER HALAS: Joe, when you say you have a soft denial, can you be more specific? MR. SCHMITT: Yes. I could read those, Commissioners. This is from Nick Biondo, deputy chief, East Naples Fire District. This is -- basically this was to Peggy Gerald. Thank you for the FYI on the name change. I think this would create problems for the emergency services department. Most local residents will know the different locations, but there are -- a large number of seasonal residents may not. Maybe try adding north and south to the title. That was from the East Naples Fire District. From the -- this is the public affairs communications service, which is the sheriff. And it says -- and this was from -- whenever two or more facilities, roadways, et cetera, share a common name, it can lead to confusion and possibly -- or possible delay in responding of safety services. And then the third one is from Dave Robb; that's the North Naples, Naples fire district fire marshal. I've reviewed your request for input regarding duplicate names, Collier Regional Medical Center for two hospitals at different locations within Collier County. I could not possibly guarantee that this would not lead to confusion for the Collier County dispatch and emergency vehicles or create life safety issues, despite the fact that they are located in different fire districts.m Page 154 January 9, 2007 I support the Collier County's decision and Collier County addressing the ordinance to reject the request for the 8300-8340 Collier Boulevard to change the name to Collier Regional Medical Center. So those were the three responses we received. In reading those, I didn't see anything that was tremendously earth shattering, but they were sticking with the code, and the code is clear that -- but it's your discretion. I have no authority to allow it addressing the section it came in. It comes in under a permit request. You already approved a -- for that site, you already approved a deviation to the sign ordinance to allow for the signage on that site. This came in basically because of the opening date to allow for the sign to be placed in front of the facility. And I think that's the only time -- time constraint, but I think your speakers may be able to address that. But that's basically what I got from this. Does that answer your question, Commissioner? COMMISSIONER HALAS: Yes. Chair, is the petitioner in the audience that I could ask my questions? CHAIRMAN COLETTA: Yes, he's one of the speakers. Would you like me to call him up at this time? COMMISSIONER HALAS: If you could. CHAIRMAN COLETTA: I'd be happy to. Would you please come up, Mr. Mastey. MS. FILSON: Do you want me to call the speakers then? CHAIRMAN COLETTA: Yes, would you? MS. FILSON: The first speaker is Mike Mastey. CHAIRMAN COLETTA: That's the right order. MS. FILSON: He'll be followed by Bruce Anderson. MR. MASTEY: Good afternoon. Mike Mastey, CEO of Physicians Regional Medical Center, Collier Boulevard. CHAIRMAN COLETTA: Go ahead, Commissioner. COMMISSIONER HALAS: Yes. I'm sorry. I thought maybe Page 155 January 9, 2007 you were going to make a small presentation. MR. MASTEY: I could if you'd like me to. COMMISSIONER HALAS: No. My question to you is, as you heard the soft denials and to make sure that our seasonal residents don't get confused, is there any way that this could be an interim name change, and then at some time, later date, get it -- the change -- the name changed in such a manner as it's called the Collier Regional -- Collier Road Regional Hospital, and then at some time it becomes the Pine Ridge Regional Hospital? MR. MASTEY: That would really be very difficult right now. Weare having a licenser survey next week, and the Agency for Healthcare Administration, they're coming Tuesday and Wednesday. One of the things in their regulations, when they do the review is the name of the hospital, which has to be on all of our protocols, policies, procedures, and they're pretty sticklish about having that done right. COMMISSIONER HALAS: But my question was, can this be an interim, and then later to address this so that we make sure we take care of any particular problems that may arise? MR. MASTEY: Sure. You're saying change the name now and then we can address it later if we need to get a better clarification for location? COMMISSIONER HALAS: That's exactly right. MR. MASTEY: Absolutely, we can talk about it later, be happy to. COMMISSIONER HALAS: Okay. CHAIRMAN COLETTA: Thank you. Don't go too far. Commissioner Fiala, did you have a question? COMMISSIONER FIALA: That's all right. Let the speakers go first, yeah. CHAIRMAN COLETTA: I didn't know if you had any questions of Mr. Mastey or not. Okay. Thank you. MR. MASTEY: Would you like me to-- Page 156 January 9, 2007 CHAIRMAN COLETTA: No, that's okay. Don't go too far though. We may have some more questions for you. COMMISSIONER HALAS: Oh, I have one other question that I can ask him. Can you give us a timeline approximately of when you could go through the change of the name so that we don't run into a possibility of having a confusion of names? MR. MASTEY: You're talking about if we change it to something other than Physicians Regional, three or four months, sometime summer. We could discuss it then, yes. COMMISSIONER HALAS: That would be wonderful. What we'll do is -- I make a motion that we approve it at this point in time with this item to come back at a later date -- or in fact, it doesn't even have to come back to us. All you have to do is just change it. I believe you would have the okay from staff to -- MR. MASTEY : Well, I would like to examine it, not necessarily to say that we're going to change it in six months, but to come back with you, if there was away, and work with the emergency services system so that they can be shown that this name is not going to create any confusion whatsoever. CHAIRMAN COLETTA: Okay. I'll second your motion. We have one more speaker before we -- MS. FILSON: The next speaker-- MR. SCHMITT: Commissioner Coletta, can I point out for the record though that NCH does the same thing. Of course, I have no -- the county has no control over the city. But I think, for the record, there are two NCH. NCH in Naples and, of course, NCH on Immokalee. So it appears that that confusion is -- CHAIRMAN COLETTA: I appreciate that. MR. SCHMITT: -- encountered every day, and people seem to be able to find the difference between those two, so -- MS. FILSON: Next speaker is Bruce Anderson. MR. ANDERSON: I'll waive. Page 157 January 9, 2007 CHAIRMAN COLETTA: Okay. MS. FILSON: That's your final speaker, Mr. Chairman. CHAIRMAN COLETTA: That's it? MS. FILSON: Yep. CHAIRMAN COLETTA: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. I understand soft denial means, well, you kind of have to because the rules go along that line, but you're not necessarily really wanting to deny. Is that what that really means? MR. SCHMITT: Oh, Commissioner, I really don't want to interpret what they wrote. I read what they wrote, and I didn't see anything in there that was what I would call earth shattering as far as overwhelming denial, but they're just pointing out exactly what you said. If you want to interpret that, that they are interpreting that this is the code and this is what you need to amend -- or apply. I'll also point out for the record, I've already directed my staff, I want to come back and amend this entire ordinance. I think things in here that we tend to control we probably ought not control. Street names are important, those type of things that deal directly with 911 and emergency services, but some other proj ect names and some of those kind of things, I just don't -- it's becoming very difficult in the Collier -- or county of this size to try and control at that level the use of names. But we're going to bring this entire ordinance back to amend it. COMMISSIONER FIALA: Right. Yeah, you're right. Sometimes government gets just a little bit carried away with some of those things, I agree. But I just wanted to mention that there's only four hospitals in Collier County, or there will be only four hospitals in Collier County, and you're absolutely right, we have never had a problem differentiating between the North Naples hospital and the downtown Naples hospital. Page 158 January 9, 2007 And so I would guess the same thing is going to be holding true if it says Physicians Regional, Pine Ridge Road, and Physicians Regional, Collier Boulevard, it's pretty easy to differentiate between those as well. So I don't really have a problem with this name change at all. CHAIRMAN COLETTA: Thank you. I'm going to close the public meeting at this time. Is there any other comments? (No response.) CHAIRMAN COLETTA: Okay. Commissioner Halas made the motion, I second it, to agree to the name change to be able to take place and to be able to direct staff to allow permitting to make it -- help it take place. Any -- no other discussion, all those in favor indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 5-0. Thank you. COMMISSIONER HALAS: But also my -- and I'm not sure if we clarified it -- in the motion should have been that they'll come back in four or five months and let us know what's happening. CHAIRMAN COLETTA: Right. That's understood to be in the motion. COMMISSIONER HALAS: Thank you. Item #10A PURCHASE OF 1.14 ACRE PARCEL UNDER CONTRACT WITH Page 159 January 9, 2007 GOLDEN GATE ESTATES, UNIT 53 UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, POSSIBLY FOR AN ADDITIONAL COST OF $50,000 - OPTION #1 APPROVED MR. MUDD: Commissioner, that brings us to our next item, which is lOA. It's to request direction from the board regarding the purchase of a 1. 14-acre parcel currently under contract within the Golden Gate Estates, Unit 53, under the Conservation Collier Land Acquisition Program, possibly at an additional cost of $50,000. Ms. Alexandra Sulecki, the senior environmental specialist with community development's in charge of your Conservation Collier Program, will present. MS. SULECK1: Thank you, and good afternoon, Mr. Chairman and Commissioners. Best wishes in the new year to you. The executive summary here kind of speaks for itself. I'd be happy to go through the item briefly, or if you have questions. COMMISSIONER COYLE: Mr. Chairman, may I? CHAIRMAN COLETTA: Yes. COMMISSIONER COYLE: Mr. Chairman, I make a motion we accept one of the alternatives the staff has proposed, and that is the alternative which says either the seller sells at the current price or we abandon the purchase opportunity. We should not be led -- strung out on purchases like this by someone who is looking to get more money after we have sat down and negotiated a price. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER FIALA: Second that motion. Is that -- you made a motion, right? COMMISSIONER COYLE: Yes, I did. COMMISSIONER HENNING: What I think you hear is, you don't want to set precedence to where you're giving opportunities to somebody else to say, no, I want more money. Page 160 January 9, 2007 COMMISSIONER COYLE: Yeah, that's right. COMMISSIONER HALAS: I want more money. COMMISSIONER HENNING: Is that what you're saying? I do want to point out, I feel that this is a good price for this. A couple months ago, a month ago, passed down some information to the county manager on another piece of -- parcel that's far below what was recommended by our staff to go out and seek properties in Unit 53. But I do agree with the motion maker that an agreement is an agreement. And I believe that, you know, on contractors building EMS stations, we ought to hold to the contract. CHAIRMAN COLETTA: Okay. We have a motion on the floor and we have a second. And the motion was made by Commissioner -- COMMISSIONER HALAS: We've got some public speakers. CHAIRMAN COLETTA: Okay. You're correct, we do. No public speakers? MS. FILSON: We have no public speakers. CHAIRMAN COLETTA: Close the public hearing. And we have a motion by Commissioner Coyle, a second by Commissioner Fiala, correct? And no other discussion? (No response.) CHAIRMAN COLETTA: Hearing none, those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (N 0 response.) CHAIRMAN COLETTA: And the ayes have it, 5-0. Page 161 January 9, 2007 MR. MUDD: Commissioner, that brings us -- and I'm -- and I want to make sure I've got it. That was option one from -- COMMISSIONER COYLE: Option one. MR. MUDD: -- that particular item. Item #10C MEMORANDUM OF AGREEMENT FOR PARTICIPATION IN THE CATALYST PROJECT FOR ECONOMIC DEVELOPMENT- FLORIDA'S RURAL AREAS OF CRITICAL CONCERN - APPROVED Next item is 10C. It's a recommendation to approve the Memorandum of Agreement to participate in the catalyst project for economic development, Florida's rural areas of critical concern, which is RACEC -- RACEC? MS. NEMECEK: RACEC. MR. MUDD: RACEC, okay. And Ms. Tammie Nemecek, your Economic Development Council director, will present. COMMISSIONER COYLE: Motion to approve. CHAIRMAN COLETTA: Okay. We have a motion-- COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: -- to approve by Commissioner Coyle, a second by Commissioner Fiala. And we do have a question from Commissioner Halas and Commissioner Henning. You want to hold on a second, Tammie, and we'll see if maybe those questions might be where you need to be. We'll start with you, Commissioner Halas. COMMISSIONER HALAS: Does this -- if we -- under this motion, if we approve this, is there going to be any financial responsibilities placed on the county on the approval of this at this time? Page 162 January 9, 2007 MS. NEMECEK: No. The only thing this memorandum of agreement allows us to do is to be able to submit a site and then participate in the site selection process. There's no further financial obligation on the part of the county. COMMISSIONER HALAS: Okay. Will we need to amend our Growth Management Plan? MS. NEMECEK: No. COMMISSIONER HALAS: We don't? MS. NEMECEK: Not in participation with this Memorandum of Agreement. COMMISSIONER HALAS: But I mean at the time that you purchase some property or whatever? MS. NEMECEK: It is a voluntary basis of submittal of a site, and depending on what that site needs at that point in time, the county -- it would have to come before -- back before the county commissioners of whether or not that site would actually go forward in the process. So all this does at this point in time is allow us to submit a site, and then everything else is contingent upon board approval. COMMISSIONER HALAS: Thank you very much, Tammie. MS. NEMECEK: You're welcome. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: So what you're saying is, you're not going to come back for any funds for this program? MS. NEMECEK: To participate in this program at this point in time, what we would be submitting are sites that would be available on a voluntary basis from the landowners, and we would submit also the current incentive program that is currently in place as part of the requirements in the program of things that are available within this community. COMMISSIONER HENNING: Just one more question. Will you be coming back to us in the future for any financial support for Page 163 January 9,2007 this program? MS. NEMECEK: I cannot say that that's a yes or no at this point in time. This memorandum of agreement does not require -- COMMISSIONER HENNING: Oh, I know that. MS. NEMECEK: -- that the county participate financially in anything. But there may be a company that is cited as a part of this and there may be incentives that we discuss at that point in time, so I can't -- I can't definitively say yes that -- or no, that we won't come back to say that there might be some financial contribution requested as part of recruitment of the company, but that's only if the site is actually chosen in Immokalee as part of the RACEC project. COMMISSIONER HENNING: Would this be above and beyond our existing incentive program? MS. NEMECEK: We're only putting in our request what we currently have available as part of the ordinances that are in place. COMMISSIONER HENNING: Okay. MS. NEMECEK: So it's not over and above. MR. MUDD: I'd like to -- just want to put one thing on the record just to make sure we've got it all out there. In no way, shape or form participation in this program does -- is there any commitment that's made to any new company or whatever that we entice to come into the county that this Board of County Commissioners won't approve in the future. So there's nothing that would happen staff-wise or through the EDC that would commit this board to anything unless you get a shot at it again. COMMISSIONER HENNING: Well, I agree, but most of the time I just don't support anything if it's a hidden expense, so that's the only -- MS. NEMECEK: At this point in time, it's -- what -- we're only putting in there as far as, there's a huge matrix that we're having to fill out to be part of this, and what we're including in there is the current programs as they're currently stated. Page 164 January 9,2007 COMMISSIONER HENNING: No change? MS. NEMECEK: No change, correct. CHAIRMAN COLETTA: Any other questions? (No response.) CHAIRMAN COLETTA: Okay. Hearing none, we do have a-- well, are you waiving, Mr. Thomas, or did you want to speak? MR. THOMAS: You keep going like this, I'll be quiet. COMMISSIONER COYLE: Let's keep going like this. CHAIRMAN COLETTA: Close the public hearing. Okay. Seeing no other questions, all those in favor, indicate by saYIng aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 5-0. Thank you, Tammie. MS. NEMECEK: Thank you very much. MR. THOMAS: For the record, thank you, on the part of the Immokalee community, thank you very much. COMMISSIONER COLETTA: Thank you, sir. Item #10D BID #07-4077, ASPHALT AND RELATED ITEMS TO BETTER ROADS, BONNESS, QUALITY ENTERPRISES AND FTA HOLDINGS, LLC FOR AN ESTIMATED ANNUAL EXPENDITURE FOR $2,650,000.00 - APPROVED Page 165 January 9, 2007 MR. MUDD: Commissioner, the next item is 10D. It's a recommendation to approve award of bid number 07-4077, asphalt and related items to Better Roads, Bonness, Quality Enterprises and FT A Holdings, LLC, for an estimated annual expenditure of $2,650,000. And John -- COMMISSIONER HALAS: Motion to approve. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: We have a motion to approve by Commissioner Halas, a second by Commissioner Coyle. Any other discussion? (No response.) CHAIRMAN COLETTA: Excellent presentation, by the way. MR. VLIET: Great, wasn't it? CHAIRMAN COLETTA: It was. All those in favor, indicate by saYIng aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 5-0. Item #10E A REQUESTED AFTER- THE-FACT APPROVAL OF AN ALTERNATIVE ROAD IMPCT FEE CALCULATION FOR DRY STORAGE UNITS AT THE CALUSA ISLAND YACHT CLUB AND MARINA AND STAFF DIRECTION REGARDING AN APPLICANT'S AFTER-THE-FACT APPROVAL FOR A PREVIOUS INDIVIDUAL CALCULATION OF ROAD IMPACT Page 166 January 9, 2007 FEES FOR THE SAME WET SLIPS MARINA - STAFF TO DETERMINE IMPACT FEES FROM PROPOSED STUDIES AND TRAFFIC COUNTS; TO BE COMPLETED BY JUNE - APPROVED MR. MUDD: That brings us to our next item, which is 10E, and that's a recommendation to provide direction to staff regarding an applicant's request for after-the- fact approval of an alternative road impact fee calculation for dry storage units at the Calusa Island Yacht and Marina, and to provide direction to staff regarding an applicant's request for after-the- fact approval of a previous individual calculation of road impact fees for wet slips at the same marina. And Mr. Phil Tindale, your impact fee coordinator for transportation -- am I close? MR. TINDALE: Planner, principal planner. MR. MUDD: Principal planner for transportation, will present. MR. TINDALE: Good afternoon, Commissioners. For the record, Phil Tindale, transportation planning department. This is -- what we're here to present today is a perfect example of why it's important for staff to follow the regulations to the letter with regard to impact fee assessments and also to -- COMMISSIONER COYLE: That's an awful idea. MR. TINDALE: -- fairly research impact fee assessments on any existing property, particularly when there's a history behind it. It's a very complex issue. There are a lot of twists and turns in the story. We tried to lay it out as best as we could in the executive summary. We'll try to make everything as clear as we can. The main crux of the issue pertains to a 1995 alternative impact fee study that was done for dry storage units at the facility. And should I go on with a background, or would you like to ask some questions? Or how would you like to proceed as far as that goes, Mr. Chairman? CHAIRMAN COLETTA: I don't see anyone interrupting you, Page 167 January 9, 2007 so I would proceed. MR. TINDALE: Okay. I'll keep going. No problem. CHAIRMAN COLETTA: Obviously this thing's a little deeper than most of us -- MR. TINDALE: Yes, it is. CHAIRMAN COLETTA: -- expected it to be. MR. TINDALE: I just didn't want to keep on if -- CHAIRMAN COLETTA: No, you sound great. Keep going. MR. TINDALE: -- you just wanted to come into questions. Okay, no problem. I would like to -- just a couple things in the executive summary just to point out for clarification purposes, if I could. Starting with the third page towards the top where we have a time line having to do with events that pertain to a 1993 individual calculation for wet slips where it says, 1998 towards the top, board directs staff to submit all future individual calculations for a board approval though not specifically required by impact fee regulations. That direction actually occurred on November 25 1997, just for clarification. So it was actually '97. Also in the legal considerations, the last sentence, it says that the study represents a more current locally sensitive and accurate estimate of the marina's impact on the county's road network than does the fee based on the parameters set forth in the fee schedule. I don't want that to be confused as an unconditional recommendation for approval. That's kind of some boilerplate language. The condition is that if staff is able to subsequently look at raw data that supports the findings of that 1995 study and we can determine that we can agree with those findings based upon looking at that data, or if there's a new study submitted that meets all the guidelines in our impact fee regulations, then we could support that. But that was just some boilerplate language. Also, for clarification, on page 4 of the executive summary in a subsection under the fiscal impact where we say, amounts due prior to Page 168 January 9, 2007 board action and lists them, these all pertain to wet slips that were permitted following the individual calculation that was done in 1993. The applicant had previously agreed to -- none of those impact fees had been paid for those 84 wet slips, and the applicant had previously agreed to pay those prior to any board action and then possibly get a refund for part of it afterwards based upon that study. The applicant indicated during a meeting yesterday that he felt that the staffs position had subsequently change, and he opted not to make that payment prior to any board action today, which does affect the recommendation on page 5 where it says there would be a resulting refund on the last line of $2,592. Obviously since no payment regarding the wet slips has been made, there will be no related refund. So that's where we are on that. If I can just get back to the story. I'd like to start with the 1995 alternative fee calculation for dry storage units. The time line for that is -- starts on page 1. As far as the events that took place, there was a study in 1995 by Barr, Dunlop and Associates, an engineering firm, currently not in business anymore, Collier County, but they certainly were and fully qualified back in 1995. It appears that they followed all the guidelines as far as how to conduct an alternative fee calculation; however, we don't have the raw data and we don't have the same staff who was working on the issue back in 1995 either, so we cannot independently tell you today that it would be -- that everything was done correctly. It appears it may have been, most likely was, but we can't tell you with absolute certainty that that was the case either for use of the study back in 1995 and the years that followed, or for the applicant's request to update that study and reuse it for a permit currently under review with the City of Marco Island for an additional 152 dry storage units. Page 169 January 9, 2007 Subsequently, during the case -- during the course of staff processing multiple permits that came through for the dry storage units, there were some that were paid at the lower rate, about half of the ones of the 268 units that are currently in place, and about half the impact fees were not assessed, and that's related to a misunderstanding about what the definition is of the term berth, because the impact fee rate schedule says it's assessed per berth. I was the impact fee coordinator at the time, and I incorrectly determined that being that these were dry storage units, there were no berths, per se, and that they were -- the buildings were thus exempt. Unfortunately, there was no real effective communication between the applicant and myself either. I'm not casting aspersions, I'm just stating a fact. And I was not aware at the time of the 1995 study. Had I been, I probably would have researched the matter a little further. So there is a matter of the applicant is asking for after-the- fact approval for a number of dry storage units that were permitted in 2000 and 2001, as well as asking for the board to approve the use of the same study just updated to reflect current cost figures based upon our latest impact fee study, which -- the rate that was in effect in the fee schedule back in '95 was $457 per unit or per berth. Based upon that study, the rate they came up with was $61.28 per unit, which was a reduction of about 86, 87 percent, which is pretty significant, which is another reason we're -- we feel a strong need to be able to thoroughly review all the raw data associated with that before we're to recommend any approval to the board either for past use or present use. And also, that the study, if updated to reflect current capital constructions costs, would result in a rate of $441 per unit, quite a bit higher than what was calculated back in 1995, but about 87 percent lower than the rate in effect right now, which is $3,580 per unit. So we're talking about what's being requested now is a pretty significant Page 170 January 9, 2007 reduction, which is why we're bringing it to you. That's about the gist of it as far as the dry storage units. Now, back in 1993 there was an individual calculation of impact fees for wet slips, the 84 wet slips. That was basically prepared by staff. It's not the same as an alternative fee calculation. The provisions in the ordinance are a little less stringent, little less detailed. And at the time board approval was not even required; however, in follow-up, due to reasons I really could not tell you why, that calculation, which reduced the rate to be assessed from $457 per unit, which was in a fee schedule, to $385 per unit, a $72 per unit reduction, not nearly as significant as the impact alternative study that was done later in 1995. That study, that calculation was never actually used, and we don't have any record of there being any road impact fees ever paid on the 84 existing wet slips. So the applicant has also, in addition to the use of the alternative calculation from '95, is also asking for after-the-fact approval for the individual calculation from 1993 at a reduction of $72 per unit for their existing 84 wet slips. Now, that's pretty much the whole story in a nutshell. We've laid out some -- we're asking for direction from the board, obviously, for this. We've laid out some possible -- some possible choices for the board to consider in terms of the actual motions and direction, one of which could be where the board approves everything, meaning after-the-fact approval for the use of these calculations for the -- all the prior permits and approval of the applicant's request to reuse the 1995 alternative study for their current permit under review for 152 additional dry storage units. That in and of itself would result in a reduction of -- let me find the dollar amount -- $477,128, which is about an 87 percent reduction. Partial approval, the second option on page 5 under the possible choices to consider, would be providing approval after the fact of the Page 171 January 9, 2007 1993/'95 calculations for all the past permits and the existing structures, or -- and in addition to approving everything that's after the fact but requiring the consultant to either provide, if they're able to get ahold of it, the raw data from the 1995 study for staff to determine whether everything was done correctly in accordance with the ordinance or present a new study. The consultant would then have the option of either paying all of the impact fees for the new project in full under protest, a total of $544,160 with hopes of being able to get a significant refund in the future. They have up to a year to be able to come back to the board with a presentation of an alternative study in that option, or they could wait to pull their permit until the study was approved. If the board, in the third option, determines to approve nothing, basically deny all after-the-fact approvals and deny approval of the reuse of the study from 1995, then obviously there would be a significant dollar amount that would have to be remitted by the applicant. CHAIRMAN COLETTA: Wow. MR. TINDALL: Is there anything I can clarify with that? I know it's a very complex issue. CHAIRMAN COLETTA: I think you covered enough now. We do have three lights on, so we're getting some interest here. Commissioner Henning? COMMISSIONER HENNING: Well, developing a business plan or charging your customers whatever service that you're providing, and then government comes back a few years, a decade later, and said, well, you know, we made a mistake -- and I don't know if these dry slips or wet slips or anything is for rent, if they have leases on them, long-term lease, short-term lease, or whether they're sold and it's a condominium type, you know, I don't know that. But I think that we share a responsibility, what's happened here, and I hear that from you and I respect that. Thank you. Page 172 January 9, 2007 Could you support the board approving the alternative for what has happened in the past, and if the landowner would support that? And then whatever -- any other building activities, if they -- if they want to use an alternative calculation, to have that done and revised for the board to consider at a later time. Could you support that? MR. TINDALE: Ifwe're either talking about a new study for new proposed units or if possible, giving us enough backup data to support the reuse of the old study updated to reflect current costs, then the staff would be willing to support that, yes, sir. COMMISSIONER HENNING: Okay. And I think that's fair and reasonable myself. That's all-- the question I had. CHAIRMAN COLETTA: Okay. Thank you. If I may, I'm going to go ahead of you for just a moment. Mr. Mudd? MR. MUDD: Yes, sir. CHAIRMAN COLETTA: There's a whole bunch of things, and they're probably nothing more than just circumstantial, but records being lost, an item that was supposed to come before the commission back a number of years ago for approval never made it there. Numerous little things that just keep happening one right after the other. What is your take on this whole thing? I mean, sitting there as our county manager and looking at this historically. I mean, I know you weren't the county manager when this took place. But what do you get from what you see in front of you? MR. MUDD: Sir, I'm going to be -- and I'm going to be blunt, Phil, and don't get mad, okay? Phil made a mistake. He was the impact fee coordinator at the time that the particular applicant came forward for wet slips and dry slips, and he read what was in front of him the wrong way, and he told the applicant that he didn't owe an impact fee. And they signed off on that permit, and he built -- he built his dry slips and put in the 40 or so wet slips that were there. Page 173 January 9, 2007 So the petitioner's come forward now, and he has a new part of that project that he would like to develop, and he's come in and asked that he be given the opportunity to use the old alternative impact fee calculation that was done in '93. And I'm not reading it. I'm just going by rote memory at this particular juncture. And he wanted to -- and he wants to use that instead. Now, I believe when you come in front for an impact fee and you know you have an alternative study that was done in '93 on a particular dry storage, that when you come in with that -- with that particular issue as the applicant, that you also express that with the staff. It's a two-way street as far as fees are concerned. You want an exception to it. You need to talk through that particular issue. I don't know what happened in '96 or whatever when those dry slips and those 40 or so wet slips were developed and what the discussion was. Staff should have caught the fact that they owed an impact fee and we didn't. Now there's a new application that's in there, and it's the board's decision right now. You've got some choices. You can say, okay, I want to use the alternative impact fee of '93 and go straight up without -- without it being brought up to speed. I would recommend that you don't do that, because the costs of everything have gone up. I would -- I would tell you that I believe there's probably an amiable solution that could be -- that could be resolved between the person -- the petitioner on this particular case for the slips that represent the marina and the Board of County Commissioners as far as impact fees that weren't paid that should have been paid and/or an alternative way to compute the new impact fee. You've got another alternative. You can say, staff screwed up, therefore, there's not an impact fee owed on that particular item. We understand that they screwed up. You can direct staff not to do it again, and I'll make sure that gets done, and you can say, I don't want Page 174 January 9, 2007 to do an alternative impact fee, and I want to go straight up with the impact fee that exists today. In that particular case, the petitioner is going to be significantly out of money because that's over a half a million dollars at the last time that I looked at this executive summary. So I believe you have some room to negotiate, everywhere from a very lesser amount of around $50,000 all the way up to over a half a million. CHAIRMAN COLETTA: And how can we determine what this study was when there's nobody that's got a copy of it? They just have the final results. MR. MUDD: Well, I believe that's where Mr. Tindale has basically said it would be good if there was additional information that was provided so that staff could make a determination if the '93 study was based on good science at the time, and we can actually extrapolate that information and move it to the present day, or if a new study needs to be done completely. CHAIRMAN COLETTA: Mr. Feder, do you have something to contribute to this? MR. FEDER: Only to add that obviously we have to offer as part of our impact fee, in the beginning and today, the alternative of an alternative fee calculation, an independent study, and we're more than willing to offer that. The concern is that the alternative fee calculation or the study was considered that, an individual study that was done in the past. One was basically a summary of findings, conclusions without the supporting raw data. It's questionable whether or not a lot of data was done at that time, even going back to the consultant. I understand they don't have that data in their files either. So at that time that was the process we followed. That's why I think that Commissioner Henning asked, could we support utilizing that study in the past as a basis for the fees. And I think there's some Page 175 January 9, 2007 reliance on staffs item. There was a mistake made in saying that impact fees weren't due and owing. Even though that was done shortly after, there's an alternative fee study, and we used the application when it was -- when I first came onboard, even after this issue when we had the issue on the golf courses, that we had informed consumers and they should have known, and therefore, the fees should have been paid. But nonetheless, get that issue resolved. But we do not have enough data and analysis in what we have today available to recommend to you that it constitutes an alternative fee study as we know it today and as we apply it today for any new application. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: Yes. I'm somewhat confused here, obviously, as probably some of my other commissioners are. You're saying no one has access to the '95 data, raw data; is that correct? MR. FEDER: What we have is, first of all, a number of letters, as does the applicant, as does our file show, where they agreed to do an independent -- was the terminology -- study because they didn't feel that the marina effectively represented the impact fee impacts or the traffic impacts that they would have. Based on that, they did agree with staff at that time. They did have a study done. There is a summary of that study. It's a small report that basically shows three sites. It comes to the final conclusions of what the percentage were and averages it out. And as I said, I assume other data was done, but there was no supporting data provided with that report, nor does anyone seem to have it. So in answer to your question, there was a study done, information provided. We have that. If you look at what we brought to you, an alternative fee calculation study, you have a bit of an executive summary that shows you the conclusions, the analysis of all the data, and then behind that, a rather thick packet of the actual raw Page 176 January 9, 2007 data. COMMISSIONER HALAS: But -- okay. My next question is, when there's 87.7 percent adjustment, don't you think that would be a bit much in today's terminology? MR. FEDER: I would say not only that, but obviously policy is that that be brought to the board for their approval, and it was not done by the staff at that time. COMMISSIONER HALAS: I guess where I'm going with this -- MR. FEDER: That's why Phil didn't even know what that it existed. COMMISSIONER HALAS: I'm concerned about even using the impact fees of 1993 on a new project. So I believe that what needs to really be done is a new study needs to come forth in regards to a traffic impact. MR. FEDER: Again, ifit had been-- COMMISSIONER HALAS: In today's -- MR. FEDER: Ifit had been a study where the raw data was there, done fully by our provision, we could have accepted that today. Obviously it gets updated to today's costs, but nonetheless, the study and trip generation and those issues, if we had the raw data and could prove that the analysis was such that we agreed from the raw data to the conclusions, we could have used that study. It's not the data of the study. It's the lack of the availability of the raw data. COMMISSIONER HALAS: But there would be some type of data out there today that would conform to marinas that we could use on the add -- on the issue of the other 152 new slips that he wants to build; is that correct? MR. FEDER: If that raw data was there and we could analyze it, we would say to you that we had information. COMMISSIONER HALAS: No, no. I'm talking about marinas in general. This is a marina. MR. FEDER: Marinas in general, you use the ITE trip Page 1 77 January 9, 2007 generation. That's why we provide for alternative fee calculations because they don't always work site specific. COMMISSIONER HALAS: Okay. But what I'm saying is, you use the particular data today, and then you get a traffic expert, and then you come forward and say, I think that the amount of traffic generated by this particular business is not what is really stated, but this is what the traffic has generated at this particular site based on other marinas in the area, just like when the car dealers come before us. MR. FEDER: Exactly, and that is an alternative fee calculation, which they did with staff at that time. COMMISSIONER HALAS: But I'm getting -- I'm getting to the point today of the 152 additional slips this person wants to build. MR. FEDER: Okay. COMMISSIONER HALAS: Okay. We don't have the data for the -- '95, which is outdated anyway, so we need to have a new traffic study done for the 152 units. MR. FEDER: And that's our recommendation to you, yes, COMMISSIONER HALAS: Okay. And, therefore, then they can get a traffic expert come in and tell us -- obviously it's not going to be 87.7 percent less traffic generated than what they came up with. MR. FEDER: I wouldn't profess to tell you what the results of that would be -- COMMISSIONER HALAS: I understand. MR. FEDER: -- but I would tell you that that study, one, we'd have the raw data to evaluate it, and two, would be brought to this board as is required and was required then for your concurrence before we applied it. COMMISSIONER HALAS: Okay. So we not only have to figure out what we're going to do on the -- excuse me -- on the 152 new slips that are proposed to be built, but we also have to figure out what we need to do here in regards to addressing the impact fees that Page 178 January 9, 2007 haven't been paid. MR. FEDER: And the impact fees at that time are fairly small. The different, obviously, a lot. COMMISSIONER HALAS: I understand. MR. FEDER: And this is some reason to believe that they, one, relied on staff and that they did do a study . We have a copy of at least a summary of that study. And so that's why we recommended to you the second alternative allowing the older ones. But, of course, the board sets this policy. It was not us. It was never brought to you for approval, but it was done, it appears, from the summary report we have. COMMISSIONER HALAS: But what I'm getting at is, even -- I think there's an obligation on both sides here. Both parties have an obligation once somebody figures out that there is an impact fee. It's like paying income tax. You know, you can get along -- you can get so far without paying income taxes, but eventually you're going to get caught. So you've got to, sometime or another -- there's no such thing as a free lunch. You've got to pay. MR. FEDER: There is no free lunch. And in fairness though, I must say that the applicant in this case did have a letter from the county that went through Marco Island but said that there are no impact fees due. Phil is the one that sent that. And the basis of that was, the impact fee alternative calculation had never been brought to the board. He wasn't aware of its existence. When he was asked -- and he asked them, okay, a marina, when you look at it in our impact fee, there were no new berths added. And not knowing that they were dry slips and marked as storage -- COMMISSIONER HALAS: Stop right there. You said that he received a letter saying that -- MR. FEDER: He had received a request -- or I'll let Phil speak for himself to make sure I'm accurate about it. But the bottom line is there was information given to the applicant -- Page 179 January 9, 2007 COMMISSIONER HALAS: That there was no impact fees that were -- MR. FEDER: In fact, because there were no new berths, and that was interpreted as being no new impacts, which is incorrect. Phil? COMMISSIONER HALAS: Phil, was there impact fees paid at all, or was there a letter stating that they didn't have to pay any impact fees? MR. TINDALE: Okay. For about 152, I think the number is, of the dry storage units, impact fees were paid at the alternative fee amount. I'm sorry. I'm using the wrong number. There are -- there were 120 of those units for which the impact fees were paid. The remaining 148 were the ones that they were given an exemption for, for the dry storage units. So 120 units, impact fees were paid; 148 units -- COMMISSIONER HALAS: Those were dry slips or wet slips? MR. TINDALE: Dry slips. For the 84 wet slips, no impact fees were paid. COMMISSIONER HALAS: Why not? MR. MUDD: Let's just go back for a second. Just go to your executive summary for a bit. Let's just make sure we understand the dates and times so everybody's on the same sheet of music, okay? Because, Commissioner, you're right, this is not -- this is not easy. Okay. I'm on page 1 of your executive summary. I'm looking at February 29, 1996. Sixty slips were permitted, 60 slips impact fees paid for. These are dry slips. The next -- the next date is September 10, 1997. Sixty slips were permitted, 60 slips paid impact fees. On March 20,2000, there was a permit number, 000160, okay, 76 slips were permitted. No impact fees were collected for those dry slips. April 6, 2001, under permit number 010389, 76 slips were permitted. No impact fees were paid on those dry slips. Page 180 January 9, 2007 COMMISSIONER HALAS: Why weren't those impact fees paid? MR. MUDD: So at this particular -- COMMISSIONER HALAS: Were they not assessed impact fees? That's what I want -- that's what I'm trying to get. Were they not assessed the impact fees, or were they just not paid? MR. TINDALE: They were not assessed on that example. COMMISSIONER HALAS: Why? MR. TINDALE: It's one of two permits processed through the City of Marco Island in which there was coordination between the city and the county for which I incorrectly made a determination that they were exempt because there were no new berths. I took that to mean that what was being constructed were accessory structures which, by definition, are exempt from impact fee assessments; however, as it turns out, they're not accessory because they do create an impact. These are dry storage units that are used on a daily recurring basis, and it was just a misinterpretation of what was actually being constructed. MR. MUDD: Okay. Commissioner, let me just finish --let me just finish this analogy and let's get back to make sure that we're all -- of those 152 slips in 2000 and 2001 together, only 148 of those dry slips were built. That's what I've been told by staff, and the petition can tell me that or not. That's why you heard the term 148. When you say, how'd I get 148, my numbers add up to 152. The -- what I've been told is they only built 148, and staff still has to go down and verify that. Now, on November 2006, there is a new building permit, and it's 066017 where they want to build another 152 dry service issues, okay. And that -- no impact fee has been paid to date, and that's the issue that brought all this to bear. Now, if I can get you now to turn to page 3 of 4, okay. October 25,1993, permit number 9313195 issued by the county for four Page 181 January 9, 2007 floating docks, 50 wet slips. Impact fees not assessed or paid, okay. Now, there is, in September 28, 1999, Marco Island issued a building permit for 18 floating docks, okay, containing a total of 36 wet slips, and assessed road impact fees based on the above; however, between the city -- and the county staff did not seek the board, and I don't believe staff has received that impact fee as of yet. So we have a total of 76 -- the ones in 1993 and the ones that were issued in 1999 -- a total of76 wet slips that have impact fees that haven't been paid. Now, that gives you the total piece of it. Did I miss anything? MR. TINDALE: No. COMMISSIONER HALAS: Well, the way I look at this thing, we just forego all of the impact fees up to this point in time, and then have a new study made for the new 152, figure out what the cost is, and go from there. MR. TINDALE: We still would like to -- there are some of these permits for which impact fees have not yet been paid, the existing ones that we do need to collect money for, but we would recommend that the board would allow the use of the alternate rates for payment of those, not require a new study for those for the existing structures. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: I think you've covered all my issues. There are really only two questions to be addressed. One is, have all the impact fees been paid in the past units? The answer is no. MR. TINDALE: Correct. COMMISSIONER COYLE: So you've got to collect impact fees on past units. MR. TINDALE: Yes. COMMISSIONER COYLE: Now, what is the fair impact fee? The fair impact fee is whatever the impact fee would have been had we collected them at the time based on the study. MR. TINDALE: Yes, sir. Page 182 January 9, 2007 COMMISSIONER COYLE: And so it seems to me you decide upon the closest figure at that time for an impact fee assessment and then you charge those units for impact fees. Now, for the new units, you've got to have a new study. MR. TINDALE: Right. COMMISSIONER COYLE: Okay. Now, that shouldn't be hard to do. We've had dry storage facilities built in this area in recent years. They had to have impact fee studies too. We have ways of verifying these numbers. We need to collect that data and see what we think about it. It should be relatively simple. But it comes as no surprise to me to find out that a special study will produce a rate that's far below what is contained in the tables we normally use. And in talking with operators of other marinas in that area, the rate of traffic generated per slip is very, very small. Those places are mostly storage places for boats. Not many of them get out on the water that much. And I don't know, maybe this marina is different, but the marinas I've been in contact with and the people I've talked with assure me that there just isn't that much traffic generated on a per slip basis. So it doesn't surprise me that the rates are discounted tremendously. But you've got to have the data to support that. We just can't go around doing this by the seat of our pants. So I would suggest -- CHAIRMAN COLETTA: Make a motion. COMMISSIONER COYLE: Yeah. Let's -- the motion is essentially this: Charge all of the back impact fees based on the slips that were built on the basis of the closest unit impact fee you can determine from the studies or charges that existed at that point in time, and then for those that are proposed to be developed, proposed to be built, we get a new study, or we solicit studies that have already been conducted from somebody else to determine what an appropriate rate would be, and then we've solved the problem. Page 183 January 9, 2007 But you can't go back and charge the people an exorbitantly high impact fee after they've been operating their business under an assumption which they made in coordination with us years ago. You just can't do that. MR. TINDALE: I agree. We agree. COMMISSIONER COYLE: Okay. And by the way, thank you very much for your forthrightness and honesty in talking about this issue. You didn't try to cover up anything. You make a mistake, you make a mistake. There's nothing anybody can do about that. We just need to go about correcting it. But thank you. MR. TINDALE: You're welcome. CHAIRMAN COLETTA: So we have a motion to deal with the situation. COMMISSIONER FIALA: I'm not quite sure what he said. I think I'm going to second that motion. COMMISSIONER COYLE: Don't ask me again, because I'm not sure. COMMISSIONER FIALA: What I've been waiting to say for a very long time -- CHAIRMAN COLETTA: Possibly get a second for discussion purposes and then go ahead -- COMMISSIONER FIALA: I'm going to second this motion if this is what he said. So we're going to be paying for the wet slips that should have been paid for, $33,560, right? And then the amount due from the 48 -- 148 existing dry storage units, nine thousand -- that would -- sixty-nine dollars and forty-four, and that would catch him up with things that have already been approved and actually been used. And these were -- these were amounts that have not been collected before, not because the owner of this place ever tried to do anything illegal or anything, just because they weren't assessed and he didn't know to pay them. Page 184 January 9, 2007 And the amount due, the 441, according to what I read in here, is the amount -- the proposed rate which should remain the same at $441 per unit berth, according to the calculations, the adjusted calculations. I guess that falls in the same line as the Porsche dealer and the furniture stores that we've had to see the adjusted rates. And so to me, number one is the way we should go. And is that what you about said? COMMISSIONER COYLE: Yes, except that I don't know about the 441. You see, nobody's presented any evidence to support the 441, and we have to make the decision based upon evidence. We just can't pull a figure out of the hat. COMMISSIONER FIALA: Okay. So yours -- COMMISSIONER COYLE: Otherwise we're just going to be -- COMMISSIONER FIALA: -- is to pay the other two and have the new study for -- COMMISSIONER COYLE: Yes. COMMISSIONER FIALA: -- for the new -- COMMISSIONER COYLE: Or alternatively, I would be happy to use a recent study that was conducted in a similar area for the purpose of doing this. I see no reason in causing anyone, us or the petitioner, to go through an expensive exercise if it is not necessary. If we can get some evidence on which to base our assessment of the impact fees -- COMMISSIONER FIALA: Okay. COMMISSIONER COYLE: -- then I'd be willing to go with that. COMMISSIONER FIALA: Then I'll second your motion. COMMISSIONER COYLE: It could be 441, it could be less than that, it could be more than that, I don't know. But we can't make our decisions based on just pulling something out of the air. We've got to have something to justify our decision-making process. COMMISSIONER FIALA: I've seconded your motion. Page 185 January 9, 2007 CHAIRMAN COLETTA: Okay. Commissioner Henning? COMMISSIONER HENNING: Well, we do have some speakers, but -- CHAIRMAN COLETTA: We do. COMMISSIONER HENNING: -- it's my understanding that this all came about because there is an application to add more dry slips. Is it a part of your motion to direct staff not to hinder the development of that, just don't give CO to half of that until it's determined of that alternative impact fee? COMMISSIONER COYLE: Yeah. I don't see a need to be vindictive or try to retaliate or to delay somebody or extract something. Let's be fair about it. We're the ones at fault here. It's not the petitioner. Let's not punish the petitioner. Let's move ahead as quickly as possible and be as helpful to them as we possibly can. MR. TINDALE: Now, if we do take that route, there would be possibly a requirement to waive a portion of the ordinance provisions and -- for the alternative fee calculation process, that being that if the applicant desires to get their permit prior to approval of the alternative calculation, the ordinance requires that they pay the impact fees in full at the current rate and then they would be subj ect to a refund thereafter, after board approval. Now, if what we're asking for is -- and that's a lot of money. It's 544 thousand-plus dollars. If the board would like for us to -- for that requirement to be waived, then we'd have -- obviously have to get an opinion from the attorneys as to whether that's something that's legal to do. But staff is not against that, but we just need to point out what the ordinance says. COMMISSIONER COYLE: Well, let me -- we have control here no matter what. We don't have to grant a certificate of occupancy in this process if we don't get the impact fees paid; is that true? MR. TINDALE: Except for it's the City of Marco Island that grants the certificate of occupancy, so there would be some Page 186 January 9, 2007 coordination involved. COMMISSIONER COYLE: That's dangerous. But I can't see charging somebody half a million dollars up front and then say, I'm going to give you $500,000 of it back a little bit later. There must be a way to deal with this that keeps everyone safe. MR. KLA TZKOW: Well, you could do it by letter of credit or a bond, this way they're not out the half a million dollars out of pocket, but we do have some security there. But the problem is, what do you do -- collection is the problem at end of the day. COMMISSIONER COYLE: Yeah. CHAIRMAN COLETTA: Why don't we go to the speakers? COMMISSIONER COYLE: Okay. Well, I think I have a partial solution. Why don't you determine to the best ability of the staff what the rate should be based upon any similar studies you can get your hands on, and then that will be the amount that the petitioner would pay in advance until they get their alternative study results to us. Does that make sense to you or not? MR. TINDALE: Well, we would have to go and see if something like that exists first, so I can't guarantee today that's the case. If so, I'm sure we could do that. Just barring no objection from the county attorney's office, I'm sure we could pursue that direction. COMMISSIONER COYLE: Well, if all else fails, use the Porsche dealership. COMMISSIONER FIALA: Or use the 441 until such time as it might change. CHAIRMAN COLETTA: Mr. Feder, hopefully you can wind this up. MR. FEDER: Mr. Chairman, if I could, a thought. If this board was so inclined, you could recommend that we utilize the study that was done previously, those dollar figures, charge that for the 152, but require that a full study be done. Should it support a reduction and we owe back, if it supports additional fees, then they'd be paid? Page 187 January 9,2007 COMMISSIONER COYLE: That's right. CHAIRMAN COLETTA: Sound right? Was that your amended motion? COMMISSIONER COYLE: That's okay with me. CHAIRMAN COLETTA: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. I'd like to hear from the speakers. CHAIRMAN COLETTA: We will, they're coming up right now. Would you call the speakers, please? MS. FILSON: Yes, sir, Mr. Chairman. I have two speakers. Don Pickworth. He'll be followed by Kris Dane. MR. PICKWORTH: Good afternoon, Mr. Chairman, Commissioners. I'm Don Pickworth representing Don Pickworth Maritime Venture, the marina operator. We think this solution that's being proposed is the best way to go. I mean, we do have some numbers which are a good starting point, the 441. And as Commissioner Coyle notes, and certainly the data which we already have, that you already have, shows that, yes, the actual marina usage is far, far less. But we'll then, over the course of time, work on even more definitive figures. There are -- there is a good bit of data out there. There's even at least one county traffic count study that was done about this time. It was used to verify the figures that were brought in in '95. And, you know, the county's files don't apparently have those printouts of that, but the results of it. They only other thing I wanted to just correct for the record and just -- and that is that probably the biggest point of disagreement between us and staff has simply been the staff has taken the position that what was done back in '95 was a, quote, alternative impact fee study and required board approval, all right. The ordinance has, in another section, a thing called an individual Page 188 January 9, 2007 impact fee calculation. We believe that that is precisely what was being done at the time. So I just want you to understand that the people who did it at the time were operating in good faith and thought that they were, in fact, operating consistent with the ordinance. So I just want to put that correction on. As a practical matter, we end up at the same place. We're going to pay the back fees that are due, and we're going to pay on the basis of the 441, which would seem to be the most sensible thing for going forward, and then we're going to begin immediately to do a more definitive study and validate the 441 or end up with something higher or maybe end up with something lower. And whatever it is is what it IS, so -- CHAIRMAN COLETTA: Thank you, sir. Next speaker? MS. FILSON: The next speaker is Kris Dane. MR. DANE: For the record, I'm Kris Dane, the operator and the managing partner of the Calusa Island Yacht and Marina. Things seem to be going so well here, I'm almost afraid to speak. Commissioner Coy Ie was right, the -- on the busiest day, any dry storage operator will tell you, he might have 20 percent of his fleet get put into the water. And when you have a strictly dry storage operation, you don't have restaurants and you don't have bars and you don't have mixed commercial uses like the ITE figures account for. That's why there's such a big discrepancy. We talk about a rate of 0 -- we came up with that $440 figure. In fact, Mr. Tindale calculated it using a rate of 0.4 trips per day, which is twice what we see on our highest day of the year. And I understand there's some -- you know, there's some other trips that come besides people just coming to use their boat. Maybe a mechanic comes, but still, the 0.4 is a very reasonable and conservative number. And most of our people are from Marco Island, so they just don't have to travel that far. That's why the numbers were low in '95, and Page 189 January 9, 2007 that's why we'll be able to show that they should still be low. It's unfortunate that mistakes have been made, and we don't think -- we don't think we've made any, and we appreciate the board's willingness to help us out of this situation. CHAIRMAN COLETTA: You think the motion meets --the motion that was made by Commissioner Coyle meets your needs? MR. DANE: Yes, sir. CHAIRMAN COLETTA: Okay, fine. We appreciate that. Any other discussion? (N 0 response.) CHAIRMAN COLETTA: Mr. Mudd? MR. MUDD: Commissioner, I heard a motion. Could I just get the petitioner or the marina operator to tell us -- and I'd rather have Don do it because he's more savvy on transportation studies. But it would be good if we had a close date on when that study would be performed so it isn't hanging. I mean, this thing's been hanging around since '93. Let's get it all cleared up. CHAIRMAN COLETTA: Okay. MR. MUDD: Would 15 June be a good date where the study would be complete so the traffic counts could get done so we could get this thing finally done so if there's any rebates owed or money due, that it all could be finished at that time? MR. DANE: Sure. MR. PICKWORTH: Okay. I guess I'd want to defer to the engineers more on that because I don't know how long these things take. But it certainly sounds reasonable to me that it could be done. MR. SCOTT: Don Scott, transportation planning. We were just talking about, obviously this is peak season sometime in the next couple of months, but he did talk about the highest date. What -- do you have a date that you say is the highest date? MR. DANE: What I have is -- what I have is a lift log that Page 190 January 9, 2007 records every movement of every boat in my marina, and that is data that would say, somebody drove there to either put a boat on a work rack or to take it out and go boating. So I know how many times those boats are used, and I have a year's worth of data that I can show you on that. MR. SCOTT: And what is the high -- MR. DANE: And I can show you the zip codes of all the people that live there and how far they have to come to make that trip. MR. SCOTT: For them to determine, what is the highest time of the year then from what you see from the data you have? MR. DANE: It's like holidays, like 4th of July, you know, a nice -- just a nice day this time of year with low wind and a sunny day and people want to go out and use their boat. But my point was -- and any operator will confirm that you never get more than 20 percent of your boats in the water on a single day. And, of course, the average is much less than that. Any boaters in here? How many times do you go boating? I mean, we'd all like to say we use our boats a lot, but the truth is, we don't use them. COMMISSIONER HENNING: Want me to answer that question? Twice a year. COMMISSIONER COYLE: Once a year. MR. SCOTT: We'd be pointing for the next two to three months from what we know. CHAIRMAN COLETTA: Well, how about if we allow you four months just to play it safe? MR. MUDD: June. CHAIRMAN COLETTA: Does that sound realistic? MR. SCOTT: We'll take that as direction. MR. DANE: We'll be pushing. I mean, we want to get this resolved more than anybody. CHAIRMAN COLETTA: Okay. But four months maximum this has to be resolved. Page 191 January 9, 2007 MR. DANE: That's Fine. CHAIRMAN COLETTA: Does that agree with you, Commissioner Coyle? COMMISSIONER COYLE: That suits me. CHAIRMAN COLETTA: And Commissioner Fiala? COMMISSIONER FIALA: Sure. CHAIRMAN COLETTA: Okay. Anything else that we haven't covered? Everybody fine? (No response.) CHAIRMAN COLETTA: Hearing nothing else, we have a motion by Commissioner Coyle, a second by Commissioner Fiala. All those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 5-0. Thank you very much for your time. We're going to take a 10-minute break. (A brief recess was had.) (Commissioner Coyle is not in attendance for the remainder of the hearing) MR. MUDD: Ladies and gentlemen, if you'll please take your seats. Mr. Chairman, Commissioners, you have a hot mike. Item #10F RECOMMENDATION TO DENY PETITION TO CONBERT FIELDS AT VETERANS COMMUNITY PARK TO (2) LIGHTED Page 192 January 9, 2007 LITTLE LEAGUE, (1) LIGHTED GIRLS SOFTBALL, AND (1) LIGHTED BASEBALL FIELD - ITEM WILL BE BROUGHT BACK DURING THE CAPITAL IMPROVEMENT ELEMENT AND ALSO TO THE JOINT MEETING BETWEEN THE BCC AND THE SCHOOL BOARD ON MARCH 20,2007 WITH STAFF TO DRAFT A MOU AND SHOW WHAT NEED TO BE DONE TO ACCOMPLISH THIS PROJECT - APPROVED Commissioner, the next item on the agenda is -- was continued from the November 28,2006, BCC meeting. It's a recommendation to deny a petition to convert fields at Veterans Community Park to two lighted Little League fields, one lighted girls softball field, and one lighted baseball field. Mr. Barry Williams, your director of parks and recreation, will present. MR. WILLIAMS: Mr. Chairman, Commissioners, good afternoon. For the record, Barry Williams, parks and rec. director. And Commissioners, if I may, I just had a short presentation I'd like to go through with you in response to the petition from the North Naples Little League. And just to start, and just refresh your memory on the petition itself, the petitioner's approached staff and the Parks and Recreation Advisory Board were approached with this proposal to convert Veterans Community Park which -- and the petitioner asked that Veterans Community Park be dedicated to youth sports. And in that they asked for some specific things. They asked for two lighted Little League fields, one lighted girls softball field, and one lighted regulation baseball field. And just in comparison, Commissioners, currently the park elements that we have now today, we have three lighted softball fields and one lighted baseball field. And just to give you a bit more of a visual of that, some of you Page 193 January 9, 2007 can see with this picture -- and I'll try to use the pointer -- these are the three softball fields currently that we have at Veterans Park. And this is a baseball field. And the difference -- and just to give you some understanding of this, the softball fields typically, from home base to the fence line here, is approximately 325 square feet. So we have three softball fields configured in this way. Also with the softball fields, you can see in this area here, this area's skinned. There's no grass. And typically Little League fields require grassed infields. And you can see with the baseball field here how the infield has been grassed. This is -- this baseball field currently is being used by North Naples Little League for the 13- and 14-year-olds for baseball. And baseball is a little different than Little League play. Little League play -- and if can you see with where the arrow is, typically the fence line is 200 feet from the home base. So in converting fields, what staff looked at was what it would take to take the fields -- the fence line from here to that point there, 200 feet. Just a couple other things about Veterans Park, if I may. This is the soccer field that we have at Veterans. We also have basketball courts, racquetball courts, we have bocce courts, we have tennis courts here. This is our roller rink, very popular with youth hockey, our community center here, and many -- much of the programming that we have at the community center, we have afterschool programming, we have summer programming, and many of the programs that are conducted for the youth in this area, we use these fields in support of outdoor play. Just while I have you here, I just want to show you, too, this is Rover Run. This is our dog park within Veterans Park. So this area here is what Veterans Park looks like today. Just in talking to you about what's available now for North Page 194 January 9, 2007 Naples Little League, I wanted to share with you currently what fields that we have available for them. And I have an aerial. This is Starcher- Pettay Park, and it adjoins North Naples Elementary. This is the elementary school here. And as you're aware, many of the parks that we've built over the years, we've done it in conjunction with the school board. That's partly out of our ability to save money, but also to get the best use out of the park elements where you can have the school use the parks in the daytime and then you can have the public use the parks in the evening, and this is an example of one of those. Starcher-Pettay -- and I just wanted to point out some of the issues that North Naples Little League has brought to our attention, the concerns that they have. One concern that they've had is about parking. And you can see, this is St. John's the Evangelist Church here, and this is their parking here. And typically what happens with North Naples Little League participants is they will park along this grassy strip here. They do have the ability to park in the school parking lot here. There has been some concern about whether the gates would be locked. Jessica Lundsford Act has caused the school to look at security issues. School officials have told us though that after hours, that after 3:30 those gates should be open. So we're working closely with North Naples Little League. Ifwe hear that the gates are not open, we certainly would address that with the school board. But just to give you some more pictures ofStarcher-Pettay, if I may. This, of course, is the scoreboard. This is a picture of the concession area that is at Starcher-Pettay. North Naples Little League has a long history of playing here. In fact, they have taken ownership of Starcher-Pettay in a lot of different ways. Historically they've helped in maintaining the upkeep, the concession -- as you can see some of the signs. They've been successful in their Little League play, which we're very proud of. Page 195 January 9, 2007 But some of the other shots of the park itself, you can see the bathrooms in the back here. In the last year or so, we've been working with North Naples Little League to make improvements upon the park. It is an older park, and we're still working with them in looking at improvements. Again, some other shots of the park. That's down the third baseline. So that's one of four parks that we currently maintain and that is used for Little League. This field is 200 feet. It is a Little League field, and for the most part, not a lot of play is conducted on this field. This is the other two fields that we have available for North Naples Little League. These two fields are at Osceola. They adjoin Osceola Elementary School, and you can see the two fields. Again, to note, the fence line is 200 feet. The grass infield per Little League specifications. And just to share with you some of the concerns that North Naples Little League have about this location, and we are in discussions with the school board to help rectify. A couple of concerns that they've expressed; one is the ability to have a concession, and we've talked to them about the possibility of having a concession come in, a mobile concession. Been talking to the school board about getting permission for that to occur. But if you get fans and parents out in this area, you know, and they're watching their children play, you know, having a hot dog or a soda and also having the ability to raise money for their league is a concern, so that's certainly one of the deficits that they see here. The other is in relation -- as it relates to bathrooms, and bathrooms are an issue with this particular site. When the school closes down at night, North Naples Little League is granted a key that they have available to get into one bathroom, and that can cause some issues for them, as they are working with a lot -- a large number of folks on the fields. Page 196 January 9, 2007 Just to show you, though, these two fields. This is the first field to the left, as you saw in the last picture. Pretty standard shot. You can see the school board building in the back, administration. This is the second field, and so these are -- these are the three fields, Starcher-Pettay, two at Osceola, one at Veterans that are currently available to North Naples Little League. Now, to talk to you about the discussion and staffs discussion about the recommendation, I just wanted to share with you, we brought these issues to Parks and Recreation Advisory Board, and we looked at the advantages of converting the fields at Veterans Park. And just to highlight those, certainly we could see the benefit of having one location for North Naples Little League, and that was -- when they first approached us, we actually traveled to Estero with some of their membership and looked at a field in Estero that had a Little League complex there. And having one location for all the Little League play certainly would be a benefit. We can understand that. They also -- what was described to us is North Naples Little League has the ability to accommodate tournament play if they had a complex. So they're suggesting that if they had Veterans, they would have that ability. And finally, probably the more practical, is just having rest rooms, concession and parking more accessible. You know, we do have them in four locations. There are limitations to those locations, but they are adequate for what they receive. The disadvantages, in our opinion, and in Parks and Recreation Advisory Board, outweigh the advantages. So it's -- in those -- in identifying those -- just to note, we work with seven Little League associations in Collier County, and our challenge is that we have community parks that we have to use for multi-generational, multi-purpose use. And to convert it to one particular sport limits us in the play that might be conducted on those fields. Page 197 January 9, 2007 We also, you know, couldn't get beyond the fact that North Naples Little League currently has four fields. And we do have in our inventory eight Little League fields. So they have -- they appear to have a large number of the current fields we have available. And I'm not sure that this is -- I'm going to say that this is not the most important, but I did want to bring it to your attention. Veterans, and with North Collier Regional Park, with the five softball fields and the three softball fields at Veterans, give us the opportunity to attract tournaments. And part of what we've been doing with the new park, we have, just throughout the spring and summer, identified a large number of softball tournaments that will come to town. If I may just share this with you. These are just some of the ones. And you can see in blew, these are some of the tournaments that are currently booking at North Collier Regional Park, and there is economic impact in these parks -- in these softball tournaments in what they bring. Our issue is having eight fields for softball and having them configured to accommodate the tournament play that we're scheduling. So I just wanted to bring those issues in terms of the disadvantages of making this happen. COMMISSIONER FIALA: What's the difference between the red and the blue, please? MR. WILLIAMS: Yes, ma'am. MR. MUDD: One's soccer, one's softball. MR. WILLIAMS: Yes, ma'am. MR. MUDD: The red is soccer, ma'am, and the blue is softball. And the list goes down through August 24th, 25th. MR. WILLIAMS: Finally, I just wanted to end with recommendations that -- bringing forward from the Parks and Recreation Advisory Board. Our -- or the recommendation was to not convert existing fields at Veterans to accommodate only Little Page 198 January 9,2007 League. We would ask staff continue to develop an action plan to work with North Naples Little League to deal with some of the issues that they've expressed. In fact, we have been talking with the school board about those issues and talking about, in particular, Osceola in trying to make some changes for access to the rest rooms and availability for conceSSIon. Finally, the recommendation from PARAB was to look at the feasibility, long-term planning options, for a Little League complex. I think -- and what we hear from the petitioners is what they're really looking for is a spot devoted just for Little League play. Frankly, the feasibility is not an issue that staff have looked at, but -- and so with -- the Parks and Recreation Advisory Board, they wish to offer that as a recommendation and direct staff to look at that feasibility. At this point I'll end and entertain any questions. CHAIRMAN COLETTA: I think Commissioner Henning's got some questions, or was that from before? COMMISSIONER HENNING: Yes, thank you. Eight Little League fields, most of those -- a majority of those are located on school property? MR. WILLIAMS: The Eagle Lake fields are located on park property . COMMISSIONER HENNING: Eight Little League fields, eight? MR. WILLIAMS : We have eight Little League fields, that's correct. MR. MUDD: How many are on school property; how many are on park property? MR. WILLIAMS: I'd have to go through them real quickly. COMMISSIONER HENNING: I think, through your presentation, it's pretty much you showed that those are on school property . Page 199 January 9, 2007 MR. WILLIAMS: I can tell you that we have one Little League field at Golden Gate Community Park, two Little League fields at Gulf Coast in East Naples, a park -- it's a park just for Little League Warren Street. That's not school property, neither is Golden Gate. We have two Little League fields in Immokalee, Tony Rossberg Park, that's not school property. We have two at Osceola-- COMMISSIONER HENNING: Osceola school. MR. WILLIAMS: And one at North Naples Elementary. Three at the school sites. COMMISSIONER HENNING: Three at -- three fields at the school sites? MR. WILLIAMS: Yes, sir. COMMISSIONER HENNING: Okay. And they probably are not going to fit the needs, at least the long-term needs, of the Little League organization? MR. WILLIAMS: Well, as far as capacity for North Naples Little League, we're hearing that they're not looking for additional fields so much as different fields, so -- COMMISSIONER HENNING: Right. How many -- there's North Naples, there's probably East Naples Little League park. MR. WILLIAMS: Yes, that's on Warren Street, yes. COMMISSIONER HENNING: Orangetree? COMMISSIONER FIALA: Orange Street. MR. WILLIAMS: Warren. COMMISSIONER FIALA: I mean Warren Street. COMMISSIONER HENNING: Oh, that's a Little League organization of East Naples? MR. WILLIAMS: It is two Little League fields that parks and recreation maintains. MR. MUDD: Right next to the south sewer plant. COMMISSIONER HENNING: Hang on. We have a North Naples Little League Association. Page 200 January 9, 2007 MR. WILLIAMS: North Naples, yes, sir. COMMISSIONER HENNING: Not a park or a field. Do you have an East Naples Little League Association? MR. WILLIAMS: We do. COMMISSIONER HENNING: Is there a Golden Gate Little League Association? MR. WILLIAMS: Yes, sir. COMMISSIONER HENNING: Okay. So there's -- MR. WILLIAMS: Seven total. COMMISSIONER HENNING: -- seven different organizations, and they probably play each other. Well, I'm in favor of creating a Little League park personally, and here's the reason why. You have other parks that their emphasis is on soccer, such as the Vineyards Park, and other parks. That's one activity that the kids can enjoy, okay. And I'm sure it's multi-faceted, correct? MR. WILLIAMS: It is. COMMISSIONER HENNING: But -- and baseball, softball, Little League, men's league, they're different, correct? MR. WILLIAMS: They are. They're played on different fields, and -- COMMISSIONER HENNING: But soccer is either easy to convert or it's the same feet or yards that is utilized -- MR. WILLIAMS: That's correct. COMMISSIONER HENNING: -- as far as goals. MR. WILLIAMS: That's correct. COMMISSIONER HENNING: I think families are still having babies in Collier County, and I don't think that's going to change. I would like to see a Little League park along -- within that, an area where younger kids or brothers and sisters can play in a playground and allow them to have concessions, concession stands. That's what I would hope that the board would consider to give you direction. Page 201 January 9, 2007 I don't think it's feasible to say to other people who are already playing to use other facilities, in this case, the Veterans Park, and say, well, we're changing -- or the Board of Commissioners has changed their mind and is going to make this a Little League park. Is that an option that parks and rec. staff would consider? MR. WILLIAMS: Absolutely, with your direction, and Parks and Recreation Advisory Board has also made that recommendation to you for us to look at the feasibility. COMMISSIONER HENNING: Yeah. They said feasibility. I'm hoping the board would say, this is what we want you to do. MR. WILLIAMS: Yes, sir. COMMISSIONER HENNING: And just give you that task to make it happen. And I don't know the inventory out there. That's something you'll have to come back to us with. MR. WILLIAMS: We can do that. CHAIRMAN COLETTA: Thank you, Commissioner Henning. Commissioner Halas? COMMISSIONER HALAS: Yeah. I like the direction we're going, but I think what we have to do -- if we're going to task you with the idea of looking for additional fields, then we're going to have to make sure that we fund them accordingly, or maybe we can have someone in the community that would be kind enough to donate the land for Little League play, and it would be a cost share. To me, that sounds like that might be a more viable combination. If we're tasked -- or we're going to task you with going out and finding land that's going to be available to address the Little League, if it's growing at this rapid rate -- because we also have other fields that -- for men's -- or mens soccer or mens softball, baseball and so on, I'm concerned that we don't want to deprive them of what's happening. All we're going to do is just compound the problem here. So as Commissioner Henning said, maybe we need to go out and find out if there's some areas of -- that are available for that recreation, Page 202 January 9, 2007 such as a baseball field or whatever. So if we task you with that, I guess we're going to have to make sure that we have the necessary resources to accommodate the needs of building a new baseball field. CHAIRMAN COLETTA: Of course, something of this magnitude wouldn't be for this season. We're talking about sometime in the future; is that correct? MR. WILLIAMS: Yes, sir. And another consideration just in the feasibility is, you do have seven associations, you do have a large county. You know, siting (sic) such a place and how to make those decisions, there would be some study that we'd need to do to understand what would be a best site for something like that, so -- CHAIRMAN COLETTA: Okay. And, of course, the location's going to be important. It's not something you would be able to place out there around Ave Maria. It would have to be someplace that's located so that the children can access it, you know, from a reasonable distance. I know their parents drive them, but -- you know, it's an interesting concept. I think we ought to hear from the speakers, but first, Commissioner Henning, I see your light is -- COMMISSIONER HENNING: Well, I just want to respond to some comments that were said. Any capital improvement that we do in parks and rec., we have impact fees, correct? And that could be used to develop -- purchase land, if we need, and develop a park. MR. WILLIAMS: Yes. COMMISSIONER HENNING: I'm not sure that we need any outside sources. The -- and I'm understanding, and correct me if I'm wrong -- in this coming AUIR, you have quite a substantial reserves in impact fees; is that right? MR. WILLIAMS: Yes, that's my understanding, yes, sir. COMMISSIONER HENNING: So the funds are there. It's just, you know, finding the facility to do it. So anyways -- Page 203 January 9, 2007 CHAIRMAN COLETTA: I appreciate that. COMMISSIONER HENNING: -- I'm ready for the speakers. CHAIRMAN COLETTA: Well, Commissioner Fiala would like to respond. COMMISSIONER FIALA: Just a fast question, and it won't take long at all, and that is, to build a -- to build a Little League complex, as we're talking about, with all of the things that Little League teams would really need, concessions and bathrooms and so forth, how many acres do you need for something like that? MR. WILLIAMS: I would say five -- or 10 to 12. It would be a guess, Commissioner. But we've had some staff discussion about that, and if you were to devise -- and with North Collier Regional you see a star configuration of five softball fields. If you're to do something like that, we're talking probably 10 to 12 acres. COMMISSIONER FIALA: Oh, okay. Thank you. COMMISSIONER HALAS: One other question. COMMISSIONER HENNING: That's doable. CHAIRMAN COLETTA: Yes, please. COMMISSIONER FIALA: Yeah. COMMISSIONER HALAS: One other question. Why did P ARAB say that they wanted to not pass this proposal? MR. WILLIAMS: Commissioner, the chairman of the Parks and Recreation Advisory Board is here and is signed up to speak. I don't know if you'd want to wait and hear his comments and-- CHAIRMAN COLETTA: That's a good question. Why don't we wait, if he cares to come up to speak. I wouldn't want to call him up without his permission. With that, I'm going to go to the speakers. Now, I don't know who signed up to speak, but I hope some of the young people that are here today have put their names down. This county government represents you as much as it does your parents. And we're prepared to make provisions so you'll be able to get up Page 204 January 9, 2007 to the mike to speak. I have a stool here I'm going to bring down there for you to stand on. I'm going to have the county attorney stand behind you when you get up there so if suddenly you decide to drop off the back end, he can grab you. And so I'm looking forward to this very much. Would you call the speakers, please. MS. FILSON: Yes. The first speaker is David Colandra. I can't read the -- MR. COLANDRA: You got it right. Thank you. MS. FILSON: Oh, good. And he'll be followed by Pete Denove. CHAIRMAN COLETTA: He does not need the stool. MR. COLANDRA: How about if I kneel on it. Chairman, Commissioners, thank you for having us back today. First, just for clarification, I would like to -- I would like to note that when I had said in the first hearing that there was one Little League field, what I was using was actually their recreation guide for the fall of 2006, which in all of the parks lists one Little League field. Also, within the same guide it lists 18 softball fields. So there -- right now there is quite a few softball fields also within the county. At any rate, let me go on. There are no -- as I say, there are no fields for Little League at Veterans, Vineyards or North Collier. Additionally, and when reading the comments and -- comments for their recommendation to deny, I noticed that the player numbers utilized by parks and recreation is a bit misleading. For one thing, with Little League, they only use North Naples Little League and ignore play use from all travel team leagues, other leagues, Collier County and generally -- and general pickup games. F or softball they use teams with players from every area of the county, even outside the county. And in going through the registrants, I found people who were actually living in the Tampa area, the Fort Lauderdale area, Miami, even players who registered who are from -- who are living in Ohio and Minnesota. Page 205 January 9, 2007 True, the majority of out-of-county participants are from Fort Myers, Bonita and Estero, but this hardly makes for an apples to apples comparison when you're talking about Little League within a four or five range, and then you're talking about softball players across the country (sic). Also, in reviewing their implications for conversion, I find their alliance with the Tourist Development Council a little bit troubling. As they state, they're marketing softball tournaments that would require eight fields with the idea that these tournaments would have a ripple effect on Collier County travel. This requires treating Veterans Park not as its own park, but as a satellite branch of North Collier Regional Park. I took the time to review some case law in the Southern Reporter, and there is significant case law for using public money for proj ects of this nature; however, the type of public money that is utilized to fund such proj ects more often comes in the form of a resort tax, not in the form of an impact fee, which is essentially a fee on a specific group of homeowners. The conversion of fields for the purpose of Little League play directly serves a group that have contributed to these impact fee payments funding the parks in question. Needless to say, I could find nothing to support a regional park essentially annexing land, which is what we're talking about. With the usage of the three softball fields for major softball tournaments, essentially what's happening is they want to annex Veterans Park for the usage of North Collier Regional. I believe that if the commissioners follow the recommendation of parks and recreation that is necessary to withdraw the -- it is necessary to withdraw the impact fee funding and replace it with resort tax funding. Without a conversion that directly benefits those involved, a rebate or a redirection of impact fee payments, I think -- I believe this Page 206 January 9, 2007 is some of what you were going about -- talk about before, that the impact fee payments that are there could be used for a conversion of the fields or maybe fields somewhere else, and maybe we can replace the impact fee payments that are now being used over at North Collier with the resort tax, which is generally how such a park is done. CHAIRMAN COLETTA: I'm going to have to ask you to wind it up, sir. MR. COLANDRA: Well, I guess to wind it up, the involved -- what I'd just like to say, the involvement or alliance with the Tourist Development Council makes this a tourist project. The park should be funded with a resort tax, not an impact fee payment. North Collier Regional should have a market -- should not have a marketing or annexing relationship with Veterans. CHAIRMAN COLETTA: Thank you very much. MR. COLANDRA: Thank you. Thank you for your time. MS. FILSON: Next speaker is Pete Denove. COMMISSIONER HENNING: Commissioner Coletta? MS. FILSON: He'll be followed by Bart Zino. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: I can tell you that I'm not going to vote in favor of conversion of -- CHAIRMAN COLETTA: That's fine. COMMISSIONER HENNING: -- North Naples, but I just want to ask the public when you come up there, can you support a Little League park with all the accessory ancillary uses? So that's my question of the public. CHAIRMAN COLETTA: Please continue. MR. DENOVE: Thanks. My name is Pete Denove. First of all, thanks -- thank you all for the opportunity to speak today. No heckling from these youngsters hopefully. I am manager and a coach for my son's North Naples Little League and AAU, which is the Athletic Amateur Union travel teams. Page 207 January 9, 2007 North Naples Little League has asked me to speak to you today about the potential financial impact that youth baseball can have on our community. A lot of our kids, as you see here, play both AAU travel ball and what you know as standard Little League. Our family has travelled throughout the western and central corridor for the various tournaments this past season, and it's always amazing to see the youth baseball facilities that we've played at. Communities that are much less fortunate than Naples and North Naples dedicated the limited funds that they had to their youths through youth supporting facilities. Beautiful fields, spaded areas for spectators, clean, well-maintained bathroom facilities, a place to buy a bottle of Gatorade or water has always been fun for family oriented weekend. Now, after spending the late summer and fall coaching an AA U team, I realize that travel baseball leagues account for a large number of kids, that in some cases mayor may not be included in the Little League figures that you all have seen. The Sunshine Athletic League alone accounts for over 13,000 youth baseball players and coaches in the State of Florida. The league is just one of many, many travel baseball leagues throughout the state. Most, if not all, of these players play year-round and travel to tournaments all over the state. Some of the larger tournaments can host over 220 teams in one weekend, accounting for a financial impact of more than $3 million in one weekend. A tournament that could be hosted between Starcher-Pettay and the Veterans fields could include -- and I only included the two Veterans fields and the Starcher- Pettay facility -- at least 25 teams of at least 12 players, plus coaches, parents and families, and the financial impact per weekend in Naples would be significant. We figured it well over $300,000. Earlier this week I spoke with -- directly with Chad Lemon,e Page 208 January 9, 2007 who's a 16-year major league ballplayer for the Detroit Tigers, who is now the national director for AAU and president of the Sunshine AAU league. He said that at most times adult events -- and this is nothing against adults, but adult events often get bumped from the schedule to accommodate youth baseball tournaments due to the significant financial impact. So I know we're concerned about softball, and that's understandable, but the real dollars are here with the youth. Our North Naples Little League president, Rob DiLella, can attest to the fact that we have been asked many times to host a tournament but have had to deny the opportunity due to the lack of facilities. So as important -- and as stated recently in a Naples Daily News article, it would be really great for the youth in our community to actually play their games, travel games and Little League, in this area instead of having to travel elsewhere. If the financial impact of mens softball is considered so important, the county really needs, in our opinion, needs to invest and consider youth baseball as well. There is an obvious advantage of attracting more families with youth baseball tournaments than through the individuals associated primarily with mens softball. Converting Veterans Park is an easy and inexpensive way to start that will not only help North Naples Little League, but also have a positive financial impact on the community. CHAIRMAN COLETTA: Thank you. MR. DENOVE: Thank you. MS. FILSON: The next speaker is Bart Zino. He'll be followed by Lisa Denove. MR. ZINO: Good afternoon. Bart Zino. I'm on the board of directors of North Naples Little League as well. Thanks for giving us the time today. Page 209 January 9, 2007 Actually, the direction that the -- that you commissioners have kind of taken here has allowed me to cut off about half of what I wanted to say, and I'm sure you're grateful for that. The only issue really that comes to mind with the possibility of a Little League complex is that it's going to take -- even if you had the property today, it's going to take two years to even get the permits through, or more, and it's going to take a while to build the facility. These kids have one year to be 10 years old, one year to be 11, one year to be 12. And while a facility would be awesome, centrally locating it, putting it somewhere in the county where all the leagues could share and use it, and we could use that as a tournament base, that's a lot more to think about than we came, frankly, prepared to talk about. It blends to what we -- the point we want to make though, and the point is that this is not really a North Naples issue, but North Naples will share in the issue. Tournament baseball is a present-day situation. It's not a future thing. It's right now. Tournament play is where things are at. So this isn't a local North Naples issue. This is a Collier County issue. And it goes back to the fact that there is not one single current facility capable of hosting a Little League youth baseball tournament in any way, shape or form. There's not one qualified facility. By converting two of the fields at Veterans Park, even as a stopgap measure, while we go through the development process so that kids this age can play, will serve a purpose, and I don't think it will be a debilitating purpose. And Commissioner, I heard what you're saying, and I'm not going to -- I'm not going to say, no, we don't want a facility, but I want you to -- I want you all to please realize that one year is all they've got to be 10, 11 or 12 years old. If the cost of conversion is an issue -- and I understand that in a previous report, parks and rec. presented $58,000 cost to convert the Page 210 January 9, 2007 fields at Veterans Park for baseball, for Little League baseball. It sounds like a huge number, and it is a huge number. If it's another reason why the staff shouldn't be inconvenienced by the issue, the kids aren't worth it, that's certainly big enough and good enough. We can -- we can understand that. I would love to -- I'm looking forward to hearing the chairman of the P ARAB come upon here to talk about their issues. It's interesting we were never invited to that meeting where they discussed us. We were never told that that hearing was occurring, and it would have been nice to present our point of view. In fact, at one point when I had asked about a P ARAB meeting, I was discouraged by staff that it wasn't an issue that concerned P ARAB and was told not to go. Let's get rid of the issue of money, and I didn't mean to bounce around. Let's get rid of the issue of money. My employer, Russell Budd, and the company that I work for, which is PBS, feel this is an important enough issue that we're willing to donate material -- CHAIRMAN COLETTA: I'm going to have to ask you to wrap it up. MR. ZINO: I will. I'm very short. We'll donate the money -- we'll -- not the money. We'll donate the facilities. We are a Collier County approved contractor on your list of approved contractors. You've approved my -- our stuff before. We'll donate the work for the sod, for the dirt, for the mounds and for the irrigation. So if cost is an issue, please take that off the table. Thank you for your time. CHAIRMAN COLETTA: Generous. MS. FILSON: Your next speaker is Lisa Denove. COMMISSIONER HENNING: Mr. Chairman? CHAIRMAN COLETTA: Just one second, please. Commissioner Henning? COMMISSIONER HENNING: Yes, thank you. I do have a question. Well, we do have enough money, but I appreciate the offer, Page 211 January 9, 2007 and maybe you'll get the bid, your company. But who told you that it's not an issue with P ARAB? MR. ZINO: I believe at the time it was Mary Ellen Donner. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: Thank you. Next speaker? MS. FILSON: The next speaker is Lisa Denove. She'll be followed by Pete Denove. MS. DENOVE: Pete just went. That was my husband, but thank you. MS. FILSON: Oh. Then he must have registered twice. MS. DENOVE: Thank you very much for speaking with me today. There's been a lot of talk about financial impact and how much it costs and what we can generate. I am up here today just to talk to you as a mom. I have two Little Leaguers, and I'm a resident of North Naples. Throughout this process, sometimes I get the feeling that we're being greedy in asking for two more fields, and we're really not being greedy. I kind of find it offensive. And I think serving our youth, we shouldn't feel that way. My boys play Little League, AAU ball, hurricane football, they shoot baskets in our driveway, they play roller hockey with the kids. I do everything to keep them away from the TV, the computer, the Internet, Game Cube, all that kind of stuff. Little League has provided them a way to increase their physician skills, their social skills, have fun with their friends and be in a safe environment. Starcher- Pettay is great for that. During season we go a couple times a week. We watch their friends play, they play pick up tennis, baseball. They have fun. We're not in front of the TV. We're out as a family. And what we're hoping to do is expand that feeling that you get at Starcher over with Veterans. They're really close by to each other. So if my six-year-old is playing a game and it's season, it doesn't take Page 212 January 9, 2007 me 45 minutes to get from Osceola to Starcher to hope that I can see my nine-year-old play. If they're right down the street from each other, gosh, I might get to see both their games or make both their practices. So what we're looking to do is kind of combine and consolidate our fields. I would love to have a whole stadium, you know, and we've been to great ones. To Bart's point, it probably will take too long. My kids will probably be grown before they could play in it, but I think as a stopgap measure, having Veterans and Starcher together would really help us. I talked to a couple of parents at the Golden Gate American League. We went to a camp over Christmas, and they play at Max Hasse, and Max Hasse has two fields. One's for girls softball and one's for boys Little League. And when girls softball isn't using it, the boys Little League plays on their field and vice versa, and they share the field. What's great about it is it's all for youth. It's dedicated just for the kids. The moms go, their kids go, they play, there's a park in there, just like you were talking about, and it's a great event, and it keeps them out and it keeps them safe. If there are strange adults there, we know about it. You know they don't belong and we address it. So there aren't that many places to go nowadays to have that, and that's kind of what we're looking for. Osceola is a nice field, but when I take my 84-year-old mother-in-law there, she's there for four hours, she can't go to the bathroom, she can't get a drink of water. I have to bring a chair, because since the hurricanes, there are no stands to sit in. She's not in the shade. It's just not a great place to be. If we can somehow fix that, that's great. My kids also go to Vineyards. And I know when you mix adult and kid play together -- there's my buzzer. I'll be quick -- you end up with the janitors having to go in early Monday mornings to clean up Page 213 January 9,2007 the field -- because they find beer bottles and paraphernalia and all kinds of things -- before the kids get back to school. So, you know, we're trying to get something youth organized that we don't have to worry about those issues. And that's all I have to say, thanks. CHAIRMAN COLETTA: Thank you. MS. FILSON: The next speaker is Rob DiLella. He'll be followed by Kevin Heald. MR. DiLELLA: Hello. My name is Rob DiLella. I'm the president of North Naples Little League. I've been the president for three years. I'm also on the board of the Naples Hurricanes Pop Warner football league, and I've been on that board for five years. Thank you for the opportunity today to listen to our concerns and to hear our request. This issue is not exclusively about North Naples Little League. This is Little League throughout Collier County. It's the needs of all the community. There are -- the other seven -- six other leagues in the county. All of those programs have endorsed what we're asking for here, along with girls softball, who we would share those fields with at Veterans Park. We've also merged our five- and six-year-old program with girls softball so that we will have girls at our five- and six-year-old level as well. If, as Pete mentioned, revenue generated is an important issue via hotel rooms and meals, we can do tournament play if we have those fields. San Carlos Park hosted this past year the state Little League 12-year-old baseball tournament, the one you see on ESPN. San Carlos Park was able to host that with a facility like that. Veterans Park used to be where North Naples Little League played. We used to play there. We had those fields taken away from us, and then we were moved further south to Osceola. We now play at three separate fields. Page 214 January 9,2007 We're saying that now with five brand new world-class softball fields at the new park -- we don't want anything to do with that -- that that facility opened up enough for the people who play there now, which is the mens softball league, which is one field and one league, could move over to there. We'll still share it with the girls and participate at Veterans Community Park and have our fields back. This is a perfect opportunity for that. One of the things it says in the parks and recreation website is that parks and recreation of Collier County is dedicated to bringing the community together in a fun atmosphere. And as president of -- as president of North Naples Little League, one of the things critical to bringing the community together in a fun atmosphere is the park experience, and, Commissioner Henning, you pointed to that. In my capacity as president of the Little League, it's not just what goes on between the diamonds of the baseball fields, it's what goes on around it. A six-year-old on a Saturday morning who plays his T ball game at nine o'clock, after his game is over at 10 and his bigger brother's playing on the field right next to him runs over and maybe watches that game for a few minutes, then gets five bucks from dad and goes to the concession stand, gets his hot dog, gets a cotton candy, then goes over and plays on the swing set, it's an experience for the family. Dad seeing his kids throw their first pitch. Mom being there with the kids. It's a family experience on a Saturday that we're talking about. Please support us in bringing the community together in a fun atmosphere through Little League. Thank you. MS. FILSON: Kevin Heald. He'll be followed by Henry Hank Caballery. MR. HEALD: My name's Kevin Heald. I'm a coach in the league and the treasurer for North Naples Little League. I find it very disheartening that parks and rec. has chosen to paint us in the light they have. They would have you believe that of the eight existing Page 215 January 9, 2007 Little League fields in the county, three of them are all ours, and what in the world is greedy North Naples Little League wanting two more fields for. Let's look at that a little closer. Every Little League in Collier County plays at a two-field facility at a park with a concession stand. Golden Gate American plays at Max Hasse Park. Golden Gate National plays at Golden Gate Park. Greater Naples plays at Fleischmann Park. Their whole league is conducted at one facility where they can generate much needed revenue through the concession stand, and families can come and take advantage of a park atmosphere, watch their younger child play on one field and their older child play on the field next to it. You know where we play? Well, we have one field at Starcher- Pettay on 111 th Avenue. The church lets us use the parking lot, and the county has an interlocal agreement with neighboring Naples Park Elementary. The rest of the kids, the younger ones, play on two fields at Osceola Elementary School. No concession stand, intermittent access to the bathroom facilities, not to mention the fact that this facility is not even within our league zone. Parents with multiple children in our leagues have to choose which game they'll watch or whose game they'll watch. We don't play at parks. Our league families come to watch the game, then, with nothing to do or eat or drink at Osceola, they leave. And ask the county where the interlocal facilities are in the pecking order when it comes to maintenance and repairs. They're last. When Wilma came through, we waited and waited for the crews to come and check our field. In truth, there was nothing to prevent us from playing, but because all the parks were to be checked first, we waited. The maintenance on interlocal fields is not up to the standards of the park fields. When I think of parks, I think of families. Apparently what parks and rec. thinks of parks, they think of mens softball. They list the Page 216 January 9, 2007 number of Little League fields in the county, but why not the number of softball fields? Because that doesn't fit this argument. And when you add five new state-of-the-art softball fields to the region park number, it's even more attractive. And yet, they put a Little League baseball player on the cover of their brochures, but not a softball player. Let me get to the real point of league's desires, and I will finish. N orth Naples Little League is here because the regional park is North Naples Regional Park. If it had been built in the Estates, Golden Gate American would be up here, and we'd be sitting right there. If it had been built in Golden Gate, Golden Gate National would be up here, and we'd still be sitting right there. In East Naples, Gulf Coast Little League. Our request is for one baseball facility in all of Collier County. Parks and rec. denies us because they need these fields for overflow use for softball tournaments at the regional park. Are you serious? Every travel baseball team in this town never has a home game because there is not one single place to host a tournament. The residents of this county built all the parks. Now we come second to out-of-town teams coming in for tournaments on fields we can't use year-round because they're left for overflow use for softball tournaments. And please don't condemn these kids because they play baseball. Parks and rec. touts the multi use nature of a softball field and decries the requirements for a baseball field. You know what multi use is? Different types of softball. That's it. I'm sorry they put a mound on the field when they invented baseball. I'm sorry the game is played on grass. Don't punish these kids for these reasons. We're asking for one facility in the whole county . I've heard the county say they'll consider our request in the future. Why? When will there possibly be a better time? It won't Page 217 January 9,2007 come any cheaper or any easier than right now. Convert these two baseball fields at Veterans Park -- CHAIRMAN COLETTA: Sir, I need you to wrap up. MR. HEALD: One sentence. Leave the third field for girls softball and the big field for the little kids playing baseball. Come down there one night when every field is full of kids, the park is full of families, and pat yourselves on the back. Please, now is the time. Thank you. MS. FILSON: The next speaker is Henry Hank Caballero. He'll be followed by Kimberly Valdivia. MR. CABALLERO: Mr. Chairman, Jim, and Commissioners. Thank you very much for the invite. I'm a little optimistic with everything that I've heard here today. Mr. Henning, I salute you, sir, for leading the way. I've been in this community since 1963. I played pro ball in Tampa where it's my home town. I love baseball with a passion. Love, and it's part of my life, and has always been part of our lives. When I say our lives, I'm talking about my family's. I've had one young man play Little League here in town. As a matter of fact, some years ago I coached, of all people, Brian Shimer. I think we're -- we know who Brian Shimer is. He was in five Olympics. His dad and I coached the Naples Jaycees, and he was one of my first players, and I'm so proud of that. Look what he's turned out to be. Also, another young man who's the athletic director at Tulsa University. I had the opportunity to coach him for eight years. And I could go on with people that have been successful, not because I've coached them, but I've had the opportunity to be involved with them only because the facilities were here to take advantage of. I've been coaching, as I said, since 1963, and I still coach. I'll be 73 years of age next month. Don't cut my wheels off. I want to keep the tank full and just keep firing me up, because I'm going to keep Page 218 January 9,2007 . gOIng. I have right now -- it's a long story -- two young boys, 11 and 9, that are involved in the Naples Little League -- Little League, period, and they're looking forward to playing this year. As a matter of fact, registration was done this week, and I still have some time. So please do what you can for us. The boys are here. Someone says, we're not going to stop motherhood. Hopefully not. And let's keep going, keep the wheels rolling, keep my fuel tank full. Thank you. CHAIRMAN COLETTA: Thank you. MS. FILSON: The next speaker is Kimberly Valdivia. She'll be followed by Taylor Steppling. MS. VALDIVIA: Hello. I'm Kimberly Valdivia. I have two children; a son, he's nine, and a daughter, eight. What everybody has been saying pretty much covered what I needed to say. I will add one thing that is important to me is homework. And one thing about having fields all over and travel time is it's harder to get homework finished in less amount of time, and we need to remember that that's first, even before baseball. But by putting everybody in one area, it does help save time. And another point is, my daughter is very bored when she's at the games, and a park for her to play with (sic) and being in a safe area where I'm not worried and my husband's not worried, where is she, that also would just create a great deal of peace in our hearts. Thank you. CHAIRMAN COLETTA: Thank you. MS. FILSON: Taylor Steppling. CHAIRMAN COLETTA: Oh, great, at last. MS. FILSON: He'll be followed by Dee Dottore. MR. STEPPLING: Hello. My name is Taylor Steppling. I'm a sixth-grader at North Naples Middle School, a player in North Naples Little League, and as you can see from the uniform I'm wearing, a boy Page 219 January 9, 2007 scout too. As an ll-year-old boy, I always want to be active. Even though I signed up for PE, I'm sad to say that schools only allow us to do it for half the year. When a scout repeats the scout law, the first law is to be trustworthy. That means a scout is honest and keeps his promises. People can depend on him. The county parks advertise that this is what you are going to do. In the center you can see plans for a Little League baseball field. I was excited because kids like me need baseball fields to play on. One of my favorite movies is Field of Dreams. In the movie the Iowa farmer was told, if you build it, they will come. Well, Little Leaguers in North Naples Little League, like me, have come to play, but you haven't built the field. I ask that you provide a field where we can play, just like we thought we'd be allowed to use. Thank you. CHAIRMAN COLETTA: Very good. (Applause.) MS. FILSON: Next speaker is Dee Dottore. She'll be followed by John Ribes. CHAIRMAN COLETTA: I've got to warn you, that's a hard act to follow. MS. DOTTORE: They're black and white. When you deal with Little League, it's cheap. You can't do the expensive. CHAIRMAN COLETTA: Thank you. I'll pass it down. MS. DOTTORE: My name is Dee Dottore. My son played at Naples Park Elementary School in 1976. He played for 20 -- till he was 24. He had a full tuition scholarship to college, played baseball all the way. I've been at thousands of baseball games. It was me and some of the other moms that built that concession stand up there that sits proudly behind home plate. I think the restrictions might have been a little easier then. We sold pop out of trunks of our car, we had bake sales, we had portable Page 220 January 9, 2007 grills with hot dogs, whatever, all we could do to think of to raise money. One thing I'm not hearing here --it sounds like the cart's before the horse a little -- I don't hear anyone say that they've been in contact with Little League International. They are the governing body for Little League baseball, the organizations, the sanctions, the fields, the locations, the sizes, the number of games that can be played, the number of teams. It's -- with all due respect to the commissioners, I don't know that you -- from your comments, I don't know that you know these things, okay. You can't just put a Little League baseball field wherever you want, okay. Locations of fields are based on population, and they're placed in certain sections of a county or a town based on need by population, and it has to be approved by Little League International, okay. And you need to play in the league where you live so that everything's on an equal level. You can't take five good players from North Naples, draft them, put them in the car, take them over to East Naples and stack a team, okay. That's not what Little League is all about. What Little League is about is you can strike out, but it's a great swing, okay. Whatever you do is a good effort. And as you can see by what -- for those of you who want to see what parents and community have done, Tallmadge Little League dot com, okay. Any of you who have been -- who know anything about baseball in Naples have heard about Tallmadge because the girls have played each other many times in the World Series, their softball teams, okay. They started out with a dried up lake is what their park started out like. Now it's fit for tournaments. They have a concession stand. They have a sprinkling system that was put in not too long ago. When my son played up in Naples Parks Elementary, there was a Page 221 January 9, 2007 bench on either side. There was a -- you sat in the rain, you sat in the sun. You did, you know, whatever it took to go -- I had three kids. My daughter played softball, my son played Little League ball, my other daughter ran track, and I raised them alone. So it was, whose game do I go to tonight? Besides that, I ran the concession stand five nights a week and for four games on Saturday. The main point I'm trying to make here is you need to get in touch with Little League International. They're the main person you need to talk with, everybody, and get them involved. They'll help you get it done. Thank you. MS. FILSON: The next speaker is John Ribes. MR. RIBES: Commissioner Coletta, Commissioners, I'm John Ribes, chairman of the Parks and Recreation Advisory Board, and I'm here to discuss a very important issue that all -- everyone has discussed so far. And although I heard a couple of troubling things to me that maybe can be addressed at the end, I would like to say that we, as the Parks and Recreation Advisory Board are proponents for and are strong supporters of Little League. I have personally coached Little League for many years, although quite a few years ago and in another city, and I must say that we have to find a way to meet their needs. These young people are our future, and it is wonderful to see them here. I think it's great that they're interacting with government. And I also must say, as a personal opinion, it appears to me, based on all of our new facilities in recent years, that they have drawn the short straw and, perhaps, in the past we might even have been remiss in providing enough fields for them; however, as the Parks and Recreation Advisory Board, it is our responsibility, and we think it's imperative, that we find ways to accommodate all of our citizens and all of their recreational needs. And to this end, I want to be clear that the parks and recreation Page 222 January 9, 2007 passed two motions. The first motion was not to recommend the two fields at Veterans Park exclusively for the Little League at this time but directed the staff to work closely with the Little League to find an interim solution. And our second motion, which I think we placed more emphasize on, was to initiate a major effort to begin the groundwork to create a Little League complex that will make Collier County a major destination Little League facility for tournament and family-related play. In that second motion, I don't recall there being the word feasibility in it. But if it was, it was strictly because we don't control the dollars. You control the dollars. But that would be the only reason why we, as the Parks and Recreation Board, would think that it would not be possible. So that's what I'm here to tell you today. Weare an advisory board, as you know, and I heard that we did not hear or make it public. We don't, as an advisory board, set the agenda, but I believe it's our main responsibility to act in your behalf to hear from the public what they have and want as needs of recreational needs. And to that end, it's disappointing to me if the public was turned away from my meeting, and I don't think that was the case. But if it was, my apologies to the public. I'd answer any questions. I believe Commissioner Halas had a question earlier. COMMISSIONER HALAS: It was so long ago I forgot what it was. Hopefully I can figure it out. CHAIRMAN COLETTA: He was wondering, what was the basis for the decision that you made, and I think you explained it pretty well. MR. RIBES: I think that the main reason was the exclusivity of the two facilities or the two fields that would then deny other citizens the use of those facilities. That was the only reason. Page 223 January 9, 2007 CHAIRMAN COLETTA: Sir, I don't know if there's any other questions here, but I want to personally thank you for the time that you've put in on this advisory board. MR. RIBES: Thank you. CHAIRMAN COLETTA: And thank you for being here today. MR. RIBES: Yeah. MS. FILSON: That was your final speaker, Mr. Chairman. COMMISSIONER FIALA: Let me just ask one simple question. CHAIRMAN COLETTA: Sure. Go ahead, Commissioner Fiala. COMMISSIONER FIALA: I was glad to hear that you said you don't remember discussing feasibility. I just wanted to make sure that you -- that you said that. Even though it might have been said someplace, but you really feel that we should be moving forward in the direction we are? MR. RIBES: Commissioner Fiala, I believe the Parks and Recreation Advisory Board, at least my interpretation at that time, was that we felt very strongly that Collier County needed a Little League complex. COMMISSIONER FIALA: Okay. Thank you. MR. RIBES: Thank you. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Mr. Chairman, thank you. The -- you know, I believe Parks and Rec. Advisory Board and our staff wants to provide the vehicle for recreation in our facilities. And what I'm hearing is, we might have missed a target or missed a sector of our community that we need to address, but there is activities set. But I do want to give -- and a part of my motion is that we direct staff to bring back in our upcoming capital improvement element a Little League field park strategically located in Collier County with all the ancillary activities that go along with that for family uses. Also in my motion I want to direct staff -- on March 27th, school board/Board of Commissioners joint meeting to draft an MOU on Page 224 January 9, 2007 what you feel that needs to be taking place to accommodate the users of the Little League fields within the school system and see if we can come to a resolution there so possibly we have more than one bathroom used in this one school and other needs and other school facilities. It's mind boggling why we just have one bathroom. That means you need a guard at that bathroom. That's my motion. COMMISSIONER FIALA: Second that motion. CHAIRMAN COLETTA: I think that's a wonderful motion. I appreciate it also. Anyone have any comments on that motion? COMMISSIONER FIALA: Just one little one, and I'd love to -- as we're talking about this, I heard them mention today that we need like a shelter or pavilion or something for people to get out of the sun. And as you talk with the P ARAB, maybe you might mention that as -- and a playground and concession stand. COMMISSIONER HENNING: Yeah. This is a Little League park. I can guarantee you that our staff is going to touch each of the different organizations in Collier County to get their input. COMMISSIONER FIALA: Good, that's all we need. COMMISSIONER HENNING: I can guarantee you that, because it's going to be your park, and if you choose to have more kids, it will be your park for even longer. CHAIRMAN COLETTA: Or it will be the park your kids will also -- their kids will enjoy. But one of the things I picked up today is that there's a willingness within the community to be able to work with this. I've heard about efforts where they developed -- the lady was telling about how she and a number of women built the concession stand at one park. We had an offer from Russell Budd's employees to be able to provide labor to make things happen. I think what we need to do when we get this thing underway -- Page 225 January 9, 2007 Commissioner Henning's suggestion about community outreach to try to find out what the wish of the community is -- is to also try to find out what resources are there, because whenever we find the resources and the commitment, we can make things happen even that much faster. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: The one thing that's sad is the fact that this does not happen overnight. This is a time effort. It's going to take time to bring it around, but it doesn't mean that we won't continue to work on the immediate problems that you have about having to disburse all over the countryside to be able to meet the needs of your children's recreational pursuits. Anything else you want to add on that, Commissioner Henning? COMMISSIONER HENNING: Mr. Chairman, I think it's a misunderstanding about the joint meeting with the school board. It is March 20th. CHAIRMAN COLETTA: Thank you for clarifying that. MR. WILLIAMS: Commissioners, we can work with the school board prior to that time though and seek out some of these issues and try to resolve them prior to that meeting. CHAIRMAN COLETTA: Right. You're talking about Osceola? COMMISSIONER HENNING: And if they're not resolved, bring them back anyway. Bring it to us so the two governing bodies can discuss those issues. MR. WILLIAMS: Yes, sir. CHAIRMAN COLETTA: Yeah, I think the message is very plain. Your voice does count. And we might not give you exactly what you were looking for, but by gosh, we can move heaven and earth to make a lot of things happen. And with that, I'm going to call the question. All those in favor of -- the motion was made by Commissioner Henning and seconded by Commissioner Fiala -- indicate by saying aye. Page 226 January 9, 2007 COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: And the ayes have it, 4-0. Thank you very much for being here. It's been a pleasure working with you today. (Applause.) Item #10G PURCHASE THE GROUP INSURANCE COVERAGE AND VENDOR SERVICES TO MANAGE THE GROUP INSURANCE PROGRAM - APPROVED MR. MUDD: Commissioner, the next item is 10G, it's to receive approval to purchase the group insurance coverage and vendor services necessary to manage the group insurance program, which equates to $4,137,435. And Mr. Jeff Walker, your director of risk, will present. COMMISSIONER HENNING: Motion to approve. COMMISSIONER FIALA: Second. COMMISSIONER HENNING: I do have a question though. CHAIRMAN COLETTA: Go ahead with your question, Commissioner Henning. COMMISSIONER HENNING: Am I going to get new insurance cards? MR. WALKER: Absolutely. COMMISSIONER HENNING: When? MR. WALKER: Just as soon as I can get them to you. The next day or so I'll have them to you. COMMISSIONER HENNING: Thank you. Page 227 January 9, 2007 CHAIRMAN COLETTA: Okay. So we have a motion for approval by Commissioner Henning, a second by Commissioner Fiala. Any questions, comments? (N 0 response.) CHAIRMAN COLETTA: Hearing none, all those in favor, indicate by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: And the ayes have it, 4-0. Thank you very much. MR. WALKER: Thank you. Item #10H AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO CREATE AN ADDITIONAL (13) THIRTEEN PERMANENT FULL TIME POSITIONS IN THE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION -APPROVED MR. MUDD: Commissioner, the next item is 10H. It's a recommendation that the Board of County Commissioners authorize the county manager or his designees to create an additional 13 permanent full time equivalent, FTE, positions, within the community development/environmental services division to address critical immediate department land use approval, permitting, and inspection needs, and to give approval for any subsequent budget amendments required to fund such positions. COMMISSIONER HALAS: Motion to approve. CHAIRMAN COLETTA: Motion -- okay. Second. We have a motion by Commissioner Halas for approval, a second Page 228 January 9, 2007 by Commissioner Coletta. Question, discussion? Hearing none -- oh, sorry, Commissioner Henning. Go ahead. COMMISSIONER HENNING: Kim Grant did a study -- Mr. Anderson, can you step outside, please? Mr. -- Kim Grant did a study, and she made certain recommendations for improvements. MR. SCHMITT: Yes. COMMISSIONER HENNING: Have they been met? MR. SCHMITT: Yes. All these -- this study, Commissioner, has been in -- was done, as you note on the cover sheet, March 31 st. These recommendations -- part of the people or personnel that are being asked for are in concert with this recommendation. All or most of the other actions are in place. In my weekly report, you hopefully do notice, the reviews for the environmental section have almost -- almost 14 months now, well within the time periods for reviews. COMMISSIONER HENNING: But you're still asking for more MR. SCHMITT: Well, Commissioner, a lot of that was with overtime. COMMISSIONER HENNING: I see. MR. SCHMITT: Some of this will eliminate the need for overtime. Mr. Lorenz is here if you would like to ask anything specific. COMMISSIONER HENNING: No, you've answered that question. I do have some other questions, if you don't mind. MR. SCHMITT: Okay. COMMISSIONER HENNING: You've asked for two environmental personnels for the PUD IUD -- IOU, correct? MR. SCHMITT: That's correct. COMMISSIONER HENNING: Now, one is to assist the Page 229 January 9, 2007 homeowners' association to maintain and manage their preserves. MR. SCHMITT: That's correct. COMMISSIONER HENNING: Isn't that what code enforcement does? MR. SCHMITT: Commissioner, this was a little bit different. This is what -- when we briefed at the PUD workshop, I had a temp working in that position by the name of Melissa Dougherty, and it was more of an assistance type of -- to help the community come into compliance. Rather than code enforcement that just goes out and issues a notice of violation, then the burden is on then the homeowners' association to hire someone to assist them, they then have to -- they're responsible then for -- basically for resolving the issue. This person is to assist the homeowner association to help them through the process. COMMISSIONER HENNING: Is that under the present code, or is the code as those communities were approved or built? MR. SCHMITT: It would depend on what the PUD stated. If the PUD stated that specific development criteria, then that's the development criteria that we would utilize. Most PUDs were silent. Most often we have to go -- if there is a change, we would use the current and existing criteria, but most often -- COMMISSIONER HENNING: I have a community that has carrotwood trees, and you're well aware of it. MR. SCHMITT: Yes, sir. COMMISSIONER HENNING: And at that time those carrotwood trees were not an exotic. MR. SCHMITT: That's correct. COMMISSIONER HENNING: That change did not take place until 1995. MR. SCHMITT: That's correct. Whenever. I'm not sure when -- the date, but I'll agree with you. COMMISSIONER HENNING: Well, good. I'm glad you are Page 230 January 9, 2007 finally. MR. SCHMITT: Yes, sir. COMMISSIONER HENNING: That's not going to be an issue, just like an Acacia tree; is that correct? There's going to be some research done. MR. SCHMITT: Yes, sir. That's what this position is for. COMMISSIONER HENNING: Okay. MR. SCHMITT: This position is to meet with the homeowners and to assist the homeowners in helping to resolve the issues that are identified during the PUD monitoring process. COMMISSIONER HENNING: The other position is for -- is to help get that community certified as a closure for their final CO of the community, for lack of better words. The -- let me give you an example. There's a community in North Naples that was brought up in the last PUD monitoring, and I'm trying to think of the name. It's village of -- COMMISSIONER HALAS: Emerald Village -- Emerald Lakes. COMMISSIONER HENNING: Thank you, Commissioner. I did a little research on that. That was approved by the Board of Commissioners in 1989 -- '82. In '89, I believe it was, they had a-- their condo dock association was approved. And subsequently during that workshop that we had, they definitely did demonstrate that they had a certificate of occupancy for that. MR. SCHMITT: Yes, Commissioner. COMMISSIONER HENNING: So what's the status on that? The reason I'm asking, I do have a follow-up on that. MR. SCHMITT: We have done nothing with that. The temp position that I had -- she left, and that was the position we had in PUD monitoring -- who was the temp that was doing that work, and nothing's been done on that because of the position that we're asking for here. We're looking for whoever -- or whomever we hire for this Page 23 1 January 9, 2007 position will assist that community. And they've done a lot of research. We have all the records. Maryann has been in touch with that -- I can't recall their name -- wrote the letter. But our attempt, Commissioner, it to help -- to meet with that community and decide and basically discern what has to be done in order -- if anything has to be done in order for them to come into compliance. COMMISSIONER HENNING: Do you know when the Board of Commissioners adopted the requirement to have littorals in water management areas? MR. SCHMITT: I do not. I would have to defer to Bill. He was behind me here. He could answer that question. COMMISSIONER HENNING: Well, I think -- I'm concerned on how we proceed on trying to have closure for our public and the anxiety that I've seen in faces and conversations when years have gone past, new laws have been instituted, and now they have to come up to somebody's interpretation of new law. That's my concern. And I think that we need to address that through legislation and with the help of the County Attorney's Office. Going back on communities that have carrotwoods -- and this has happened, because of a lack of education -- is not the responsibility of our community, and somehow we need to fix that, and I don't know -- MR. SCHMITT: I understand. COMMISSIONER HENNING: And I don't think throwing more employees at the problem is going to fix that. MR. SCHMITT: This was the community also where we identified the shed and some other issues that need to be resolved, and we understand that they have all the records. All I need is -- what I need is somebody devoted to assist. This is not meant to be a code enforcement. This is not meant to be punitive. I don't want to go through the NOV process. What I'm trying to do here through PUD monitoring at the board's direction through that program is to come into -- if there's compliance -- just as Page 232 January 9, 2007 we did with the carrotwood trees, we met with the homeowners' association, and we -- if there was an agreement that had to come to the board or whatever action needed to take place so it would at least be a matter of record, and for never -- you know, no more in the future would they ever be accused of not being in compliance with the code. That's what we're trying to do here. CHAIRMAN COLETTA: Commissioner Henning, you made the motion for approval, didn't you? COMMISSIONER HENNING: No, sir. COMMISSIONER HALAS: No, I did. CHAIRMAN COLETTA: No, I did. Okay. I'm sorry. COMMISSIONER HENNING: I'm not opposed to it, but -- COMMISSIONER HALAS: I made the motion for approval. CHAIRMAN COLETTA: That's fine. COMMISSIONER HENNING: I've just seen this -- certain aspects of our government is growing and growing and growing, and I just want accountability instead of throwing more resources at the problem. CHAIRMAN COLETTA: I think that this commission's discussed this a number of times during the budget process and afterwards, and we came under the united direction that we were short on help, and we directed him to go forward. COMMISSIONER HENNING: And Ms. Grant -- CHAIRMAN COLETTA: Forgive me for making a mistake on who made the motion. COMMISSIONER HENNING: And Ms. Grant has recommended some of these positions, and knowing just a little bit in a few of her presentations, the lady's awesome. CHAIRMAN COLETTA: Okay. We appreciate-- COMMISSIONER HENNING: But she didn't recommend all these positions. CHAIRMAN COLETTA: Let's -- we do have a speaker. Page 233 January 9,2007 MS. FILSON: Yes, sir, we have one speaker. Brenda Talbert. COMMISSIONER HALAS: She's gone. MR. SCHMITT: I think Brenda's departed. CHAIRMAN COLETTA: Okay. Is -- any other discussion? (N 0 response.) CHAIRMAN COLETTA: We have a motion by Commissioner Coyle. COMMISSIONER HALAS: No-- CHAIRMAN COLETTA: Henning-- COMMISSIONER HALAS: -- Halas. CHAIRMAN COLETTA: Halas, excuse me. COMMISSIONER FIALA: Whatever your name is over there. COMMISSIONER HALAS: Me. CHAIRMAN COLETTA: Commissioner Halas, a second by Commissioner Fiala (sic), and I apologize for mistaking you for the motion maker. MS. FILSON: My records indicate the motion was made by Commissioner Halas and seconded by Commissioner Coletta. CHAIRMAN COLETTA: Okay. Then that stands as corrected. Obviously it's getting towards the magic hour. And with that, any other discussion? And I didn't mean to cut you short, Commissioner Henning. If you've got any other comments you'd like to make, please do. COMMISSIONER HENNING: No, I think I addressed all my questions, but I do think that we need to address some kind of legislation to not exacerbate the problem that we have out there. CHAIRMAN COLETTA: Good. Anytime you want to put something together and bring it forward, I'm sure you'll find us willing to listen. And with that, we've covered the whole thing. Those in favor, indicate by saying aye. COMMISSIONER HALAS: Aye. Page 234 January 9, 2007 CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Okay. And the ayes have it, 3-1. Thank you. Item #11 PUBLIC COMMENTS ON GENERAL TOPICS Public comments on general topics. Do we have anyone? MS. FILSON: Yes, sir. I have two speakers. Russell Smith. MR. SMITH: And actually I'll let Mr. Anderson speak on my behalf. He's available. CHAIRMAN COLETTA: I think that's permissible. MS. FILSON: And then I have Bruce Anderson after that. CHAIRMAN COLETTA: We'll let Bruce Anderson speak on his own behalf. MR. ANDERSON: No. MS. FILSON: So Russell's not going to speak? MR. ANDERSON: He's available to answer questions. My name is Bruce Anderson. I represent Lennar Communities, and I appreciate the opportunity to address you. You may have received a letter from me yesterday on behalf of Lennar Communities. Weare asking for a four-week extension of a temporary use permit that is set to expire on January 16th. The purpose of the temporary use permit is to operate a golf pro shop for the Heritage Bay Golf Course. That temporary pro shop would be in a tent while permitting is still going on for a trailer -- COMMISSIONER HENNING: Mr. Anderson -- MR. ANDERSON: Yes, sir. Page 235 January 9, 2007 COMMISSIONER HENNING: I'm sorry. There's a lot of background noise in the back. I can't hear what's going on. MR. ANDERSON: I'll try to speak louder. COMMISSIONER HENNING: Thank you. MR. ANDERSON: They do have a permit in for a trailer for a more permanent temporary golf pro shop while the permanent one is being built. Also, this request for temporary use permit would apply to a tent that they want to use for a special groundbreaking ceremony for the Vistas of Heritage Bay, which is the 190-unit affordable housing component of the Heritage Bay DRI. That groundbreaking ceremony would be held on January 19th. I don't believe that staffhas any objections, they just are not authorized to grant this extension. Only the county commission can do that. COMMISSIONER HALAS: Motion to approve. COMMISSIONER FIALA: Motion to approve. MR. ANDERSON. Thank you. CHAIRMAN COLETTA: Motion to approve-- COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: Okay. And with that, discussion? Commissioner Henning, please. COMMISSIONER HENNING: The motion is to give -- direct staff to issue the temporary use? COMMISSIONER HALAS: That's correct. CHAIRMAN COLETTA: That's correct. COMMISSIONER FIALA: Another month extended. COMMISSIONER HALAS: Four weeks, till they get the trailer. CHAIRMAN COLETTA: Okay. With that, all those in favor, indicate by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. Page 236 January 9, 2007 COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 4-0. MR. MUDD: Commissioner, that brings us to -- CHAIRMAN COLETTA: I'll tell you what. I know we're almost to the end, but we're going to take a short break because we have made an agreement before with the reception, the lady that's doing the dictation here, that we would provide a break every hour and a half and we're about 10 minutes past that. (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. Commissioner, the next item on the agenda -- and there's no more public speakers; is that correct, Ms. Filson? Item #12A AUTHORIZE THE HISPANIC AFFAIRS ADVISORY BOARD TO PRESENT A PROPOSED AMENDMENT TO CLARIFY THE GOALS AND OBJECTIVES FOR THE HAAB - APPROVED MS. FILSON: That's correct, Mr. Mudd. MR. MUDD: Okay. We are now on 12, which is county attorney report, 12A. It's a recommendation to authorize the Hispanic Affairs Advisory Board to present a proposed amendment to the HAAB ordinance number 91-37, as amended, and codified as Chapter 2, Article VIII, Division 7 in the Codes of Laws and Ordinances, amending Section 7, Functions, Powers and Duties, to clarify the HAAB's goals and objectives, and providing an effective date. Page 237 January 9, 2007 CHAIRMAN COLETTA: Before you start, could you turn on the sound again for the speakers up here? Thank you. MS. GREEN: Thank you. Good afternoon, Commissioners. Colleen Green, assistant county attorney. The County Attorney's Office is acting as the staff liaison for the Hispanic Affairs Advisory Board. I am here today on behalf of the Hispanic Affairs Advisory Board to request authorization for the Hispanic board to present proposed changes to the HAAB ordinance for your consideration. The purpose of the proposed ordinance amendment is to more clearly reflect the HAAB's goals and objectives. A copy of the ordinance and proposed changes are attached to the executive summary. If you have any questions, I'll be happy to answer them. COMMISSIONER HENNING: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: We have a motion by Commissioner Henning, a second by Commissioner Fiala for approval. Is there any discussion? (No response.) CHAIRMAN COLETTA: Hearing none, all those in favor, indicate by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 4-0. MS. GREEN: Thank you. Item #12B Page 238 January 9, 2007 BCC TO REVIEW THE COLLIER COUNTY ETHICS ORDINANCE NO. 04-05 AS AMENDED AND DISCUSS THE STATUS OF THE ORDINANCE AND POSSIBLE REVISIONS AND THE COUNTY ATTORNEY'S OFFICE TO RETURN WITH A PROPOSED AMENDMENT - APPROVED W /CHANGES MR. MUDD: Commissioner, the next item is 12B. It's a recommendation that the Board of County Commissioners review the Collier County ethics ordinance, number 04-05, as amended, discuss the status of the ordinance and possible revisions, and direct the County Attorney's Office to return with a proposed amendment if desired. Mr. Michael Pettit, County Attorney's Office, will present. MR. PETTIT: Good afternoon, again, Commissioners. Mike Pettit from the County Attorney's Office. I believe the discussion that led us to go out and do this research and come back focused on whether this board could, through its ordinance, require that lobbyists, including attorneys when they are engaging in lobbying activities, not otherwise exempted by our ordinance, be required to disclose the identity of whom they represent. The short answer is yes, you can do that, and we can amend the ordinance to make that express in the ordinance. The second item that was discussed, as I recall, is adding or discussing the disclosure of the clients over the course of a year so that at the annual registration time they would show -- any lobbyist, attorneys or not -- would identify whom they have lobbied for over the course of that year. Right now, the way the registration form works and is set up -- and I understand the clerk's office may speak tonight because they may be working on some amendments to that process -- but the way it's set up and the way our ordinance reads really, as a lobbyist, I only Page 239 January 9, 2007 need to come in one time and say, I represent XYZ company, that's my client. When I go to pay my annual fee the next year, I don't need to update that list of clients. That's how we interpret the ordinance, and I think that's how it's been administered. We can change that and require that the client lists be updated. So that's really all I have. As far as attorney lobbyist goes, the Florida Bar has indicated that under the new ethic rules at the state level, the attorney has a choice. If a client says, well, I really don't want anybody to know you're representing me and does not give the attorney what's called informed consent to disclose the identity, then the attorney must withdraw in order to comply with the law, and that would be the same here, as far as I can tell. So we can require that identity be disclosed. Okay. Commissioner Henning? COMMISSIONER HENNING: Okay. Yeah, I -- correct me if I'm wrong. Was there any discussion about any more duties that we have to do with the clerk? I just thought it was when a -- somebody who's a registered lobbyist comes to the Board of Commissioners, stands at that podium and says, my name is and I represent so and so. I think that's what was intended. MR. PETTIT: We can keep any proposed amendment at that. COMMISSIONER HENNING: Yeah. MR. PETTIT: Now, I would say that the need to -- if we went into the updating of the registration form by adding all the clients that somebody might represent during the course of the year, it increases the administrative burden on the clerk, I suspect, and it also increases the administrative burden on the lobbyist. COMMISSIONER HENNING: I hope nobody really makes that an issue because that's really not what was being asked. MR. PETTIT: No. We can add a provision to simply require that anybody engaging in lobbying activities, as defined by our ordinance, must disclose who they represent at the time they stand up Page 240 January 9, 2007 to make a presentation. COMMISSIONER HENNING: If they're paid. MR. PETTIT: Well, by definition, a lobbyist is compensated. COMMISSIONER HENNING: Right. Okay. Thank you. CHAIRMAN COLETTA: Let's go to the speakers now, and then we'll-- MS. FILSON: Yes, Mr. Chairman. I have three speakers. The first one is Chris Straton. She'll be followed by Nancy Payton. MS. STRATON: Good evening. My name is Chris Straton. I'm the president of the League of Women Voters of Collier County. And I have copies of a letter here for you, but I would like to quickly read it into the record. The League of Women Voters of Collier County ask the Board of County Commissioners to direct the county attorney to pursue amending the Collier County ethics ordinance, number 04-05 to require that all speakers identify themselves and who they represent as appropriate. The League of Women Voters of Collier County believes that democratic government depends upon the informed and active participation of its citizens and requires that governmental bodies protect the citizens' right to know by giving adequate notice of proposed actions, holding open meetings and making public records accessible. In other words, citizens have the right to know, and government should be conducted in the sunshine. The public is entitled to know who is addressing you and who is actually asking for the county commissioners to take specific actions. Please amend the Collier County ethics ordinance accordingly. Thank you. CHAIRMAN COLETTA: Thank you. MS. FILSON: The next speaker is Nancy Payton. She'll be followed by Gina Edwards. CHAIRMAN COLETTA: This is what we call the Nancy Page 241 January 9, 2007 Payton ordinance? MS. PAYTON: I don't know. CHAIRMAN COLETTA: Name something after you, another something. MS. PAYTON: Good evening. Nancy Payton representing the Florida Wildlife Federation, and I'm the person that petitioned the county commissioners to revisit the ethics ordinance as it relates to paid lobbyists in the -- in legislative matters, primarily Growth Management Plan LDC issues. And my petition was twofold. One, it was that the lobbyists must disclose on their registration form who they represent, the name and the address of their clients, so that was part of my request back in October, Commissioner Henning, and also whenever they appear before you, the Planning Commission, Environmental Advisory Council, any advisory committee, and before staff, that they reveal who -- and they disclose who their clients are that they're representing as they make their pitch. The county attorney's executive summary implied that this was going to be difficult for attorneys that are lobbyists, but the testimony I heard today is that they realize and they agree with the same research that I have found by just a few key strokes on Google. I found a jackpot in terms of lobby registration for all lobbyists, including attorneys, and that is the state lobby law which requires all lobbyists, lawyers included, to list all their clients and the addresses of those clients. That has to be updated within 15 days if they add a client. It has to be updated if they drop a client. And this is something that can be relatively easily done, because most things now are electronic, and hopefully the clerk's office can address that. And also, it provides the public the ability to know who that person is representing. And it -- I think it is an appropriate requirement of lobbyists to maintain an accurate list of who their clients are. Page 242 January 9, 2007 State law requires them also to list compensation. I haven't brought that issue up, but that shows the extent that the state has gone to to have accountability from lobbyists. There's also an audit provision, and there are fines and penalties for lobbyists that don't adhere it. Lawyer lobbyists challenged this law saying that it infringed upon their right to practice law. And a judge recently ruled that that was poppycock, that the state had the compelling interest in imposing regulations on paid lobbyists. And there wasn't a get out of jail free pass for lawyer lobbyists. And I have handed out to you a news clip that talks about that. And also, Mr. Pettit mentioned the Florida Bar's opinion about lobby registration and accountability. I'll be very quick. And I have included that opinion in the handout and brought to your attention one very important point in there about, if your client doesn't want you as a lawyer to disclose who you are, you lawyer lobbyists, you don't lobby . Very important point. Lastly, you did receive an email from Georgia Hiller, an attorney who agrees that lawyers can be held accountable this way. So my request is this: That the County Attorney's Office be directed to amend the ethics ordinance for lobby regulations that are similar to the state's, that they have to list -- all lobbyists have to list their clients. They have to update that on a regular basis, and I leave it to you to determine how often you want to do that. But there could be a problem, if it's only once a year, if you pick up a client in January and you get the work done in July, you're not-- that name's not going to appear on the lobbyist list. You have to state, as I talked about earlier, that you must list who you're working for. I think we ought to look at an audit mechanism and penalties for people that don't adhere to the law. And lastly, to explore the online registration with the clerk's office. And lastly, one point, and it's a procedural one, and that has to Page 243 January 9, 2007 do with lobbyists, because I've seen this abused, is that some lobbyists have submitted more than one request-to-speak slip, in other words, for each one of their clients, they've asked three minutes, and I think that's inappropriate. If you have 10 clients, you don't have the opportunity to speak for 30 minutes. You get three minutes, just like everybody else gets. And that's -- concludes my comments, and thank you very much. CHAIRMAN COLETTA: You know, I agree with just about everything you say. MS. PAYTON: Thank you. CHAIRMAN COLETTA: That was very interesting. COMMISSIONER HALAS: Can I make a motion? MS. FILSON: Your final-- CHAIRMAN COLETTA: You can make a motion, but-- COMMISSIONER FIALA: -- we have one more speaker. CHAIRMAN COLETTA: We have one more speaker. COMMISSIONER HENNING: I had my light on. CHAIRMAN COLETTA: I'm sorry, Commissioner Henning. I thought maybe it was on from this morning. Go ahead, please. COMMISSIONER HENNING: Well, I'm going to make a motion that we direct the County Attorney's Office to change the ethics ordinance to have any lobbyist coming before the Board of Commissioners tell the board who they represent. I don't think that we need to make a big issue of this with a lot of changing of time and blah-blah-blah, just who -- when you lobby, you're lobbying your elected officials. Just tell us who it is. COMMISSIONER HALAS: I think we ought to put a time line in there, too, that they have to update it every 60 days at least. COMMISSIONER HENNING: Well, that's just more government. CHAIRMAN COLETTA: No problem, but I think if the state's already got something together and it meets all the requirements, that Page 244 January 9, 2007 might be the way to go. But let's go ahead and hear the other speaker, then hear from the clerk, then we'll give direction. Please. MS. FILSON: Your final speaker is Gina Edwards from the Clerk of Courts. CHAIRMAN COLETTA: Hi, how are you? MS. EDWARDS: Hi. Good evening. Thank you. For the record, Gina Edwards, director of community outreach for the Collier Clerk of Courts. We just wanted to inform you that the clerk's office is working on already developing a searchable online database for lobbyists so that the public can search the information that's already required by the existing ordinance by lobbyist or by client. Currently we put out the information about the lobbyists that are registered. By registered we don't have enforcement power over determining whether someone is registered or not. That's a legal determination that we don't make. Our role is material ministerial, so we collect the forms and we, you know, present them and put them out there in a list as to who's given us a form and who's paid their fee. Weare working to develop an online registration process to make this more convenient for the lobbyists to register online, and eventually we're -- hope to get to the point where they can pay online, too. There's some more issues with getting to that place. But we just want to let you know that by putting this online, including the registration, if the board does want to make the policy decision to require lobbyists to update more frequently, we're prepared to handle that and make it more convenient. CHAIRMAN COLETTA: And may I make a suggestion? I think you're going in a wonderful direction, and obviously you've got a lot of time into this. And the clerk's office in the end is going to be the one that's going to be handling the lobbyist registration. They have in the past and they will in the future. Page 245 January 9, 2007 We may want to consider continuing this issue to come forward with your final draft of what you're going to do and how it's going to be able to work so we can fit something, hand in glove, with what we're doing. And maybe Ms. Payton could go over to the clerk's office and see how it's going to -- how it fits in with what the state's doing now. And I'm just -- I'm just looking for a way to make this flawless. I hate to put something together then find out it doesn't agree with what the clerk's office has already put the time in and effort in. MS. EDWARDS: We're prepared to go with whatever requirements you want to deem necessary. We have already been building this data base with the idea that we can add functionality to it. So we're prepared to just go with whatever the board requires as part of the ordinance. CHAIRMAN COLETTA: Okay. I'm going to take a minute. Ms. Payton, you've been the one that's been working the hardest at this. What's your thoughts? MS. PAYTON: Yes. If I could just quickly comment. It's going to take a while to draft the ordinance, and maybe we simultaneously could work with Gina on the registration aspects of it while the County Attorney's Office drafts the ordinance, and then it could come back at the same time, a month, six weeks, something of that nature. CHAIRMAN COLETTA: So we should give guidance today to the county attorney -- MS. PAYTON: Yes, please do. CHAIRMAN COLETTA: -- to be able to go forward with the ordinance? MS. PAYTON: Yes. CHAIRMAN COLETTA: What is wrong with the state ordinance the way it exists? I mean, why can't we just take that and -- MS. PAYTON: I like that idea. I like it. CHAIRMAN COLETTA: Can you give me some idea, the Page 246 January 9, 2007 County Attorney's Office, why we just can't use what the state is doing? MR. WEIGEL: Well, I can comment a little bit here, and that is, it's rather rigorous in regard to the information that goes, you might say, into the file or at the place where the application and recordation is done. Is it the interest of this board to know what the remuneration is? What the payment arrangements are-- CHAIRMAN COLETTA: No. I don't want to know. MR. WEIGEL: -- between the lobbyists and the -- and the clients? And that's not just the attorneys, but it's all lobbyists because it applies to everyone. So the state law goes into a lot of detail at the legislative level. If you want that detail, it could be done. But once again, the violation of a county ordinance is to be treated as a second degree misdemeanor which is up to 60 days in jailor $500 fine. Those are the kind of things that if you go run into technical violations, enforcement will be an issue, and it will come to the State Attorney Office or code enforcement, as far as that goes. So I want you to look at the big picture of what you might be putting in place with some of the detail that the state model might show for you. CHAIRMAN COLETTA: Well, I, for one, do not want to know what the client is paying the attorney. I don't think it's any of my business. I do want to know who they represent. Commissioner Henning? COMMISSIONER HENNING: And that's why I made the motion the way I did. What's out there and what the state does, it has an enforcement. More and more government. Is it really necessary? The bottom line is, when you come to the Board of Commissioners, who do you represent? Does that take more government? No. That should just be a requirement within the ethics law under -- CHAIRMAN COLETTA: When we come before any county Page 247 January 9, 2007 board. COMMISSIONER HENNING: Well, the state, how they have it is, it's an elected official. It's not -- you don't have to do that with our state staff. MR. PETTIT: Commissioner, I just -- that's what I wanted to make sure we had clarification on, because lobbying activities occur not just before this board -- COMMISSIONER HENNING: There should be laws against cell phones -- MR. PETTIT: -- before staff and before advisory boards. COMMISSIONER HENNING: -- cell phones in boards of commissioners'meetings. That's what we need to regulate. CHAIRMAN COLETTA: I'm sorry. Let's stay where we are rather than go on to cell phones. MR. PETTIT: I think as a -- my understanding of your motion right now is, any provision to require disclosure of who you represent would only be triggered by coming before this board. COMMISSIONER HENNING: Correct. MR. PETTIT: But lobbying activities, as our ordinance defines them, can be going to see Jim Mudd, it can be going before the CCPC, as long as you're being compensated to do that and it can apply. It's not just attorneys we're talking about here. We're talking about engineers and planners and -- CHAIRMAN COLETTA: Yeah, truth in government. I mean, I would -- think it should be at all levels myself. COMMISSIONER HENNING: Well, that's fine. That's a part of my motion. CHAIRMAN COLETTA: I'm sorry. Part of the motion that it be at all levels ? COMMISSIONER HENNING: Sure. CHAIRMAN COLETTA: Okay, fine. So your motion, again, one more time is that they have to make a disclosure when they come Page 248 January 9, 2007 before any government body or anybody that's in the county. In other words, they come to see Mr. Mudd, they want to have a meeting, they've got to identify who they are. It's plain and simple. COMMISSIONER HENNING: Right. CHAIRMAN COLETTA: Okay. COMMISSIONER FIALA: And register with the clerk's office. COMMISSIONER HENNING: Just like they do now. COMMISSIONER HALAS: County Attorney, does that give you enough guidance? MR. PETTIT: The only other question I would have a question about, are you directing us to change the way we do the registration in the sense that lobbyists, instead of simply registering one time, they register, they happen to represent two clients, they put them down on the clerk's sheet, then they come back the next year to reregister, which is an annual requirement, and they don't add anybody, they just pay the 25 bucks and reup? If you want us -- if you want to have a periodic reregistration so that you can see the client list as it grows over time, we'd need to have direction to do that. CHAIRMAN COLETTA: Let's talk about that. What is going to be the benefit to know what the client list is? I don't know what it is. I know when they come here, I'd like to know who they represent. Who they represent as far as the client list, it might look like the yellow pages. It's not of any -- I don't know what the consequence is of why we're asking for that. If they have to make a declaration whenever they come before any group or any government entity, who they represent, if they don't represent themselves, then why would you need a client list? COMMISSIONER HENNING: That's -- I didn't put that in my motion. Is that in your second? CHAIRMAN COLETTA: That's in my second. Pretty good, Mr. Henning, you're learning. Page 249 January 9, 2007 COMMISSIONER HALAS: Can you give us some input here, County Attorney? MR. WEIGEL: Well, I was just going to say that clients come and go during the course of the year, and so even if you had a quarterly updating of the client list working with Gina and the clerk's office, would that person, that lobbyist, whether it's an attorney or someone else, be indicating the clients they have at that point in time, that calendar point in time, or would they be showing -- listing past clients that have already gone by the wayside that mayor may not have come -- the lobbyist mayor may not have come before the board to represent. COMMISSIONER HENNING: It's just too complicated. MR. WEIGEL: So there is some complication there, but it can be done. And as Mr. Pettit indicated, if you had a desire for an updating beyond the way it's done right now, it can be done fairly simply. But, again, clients come and clients go. And if the desire of the board is to know the client that's represented at the time of -- CHAIRMAN COLETTA: That's it. MR. WEIGEL: -- coming before the board -- CHAIRMAN COLETTA: It's none of my business. MR. WEIGEL: -- perhaps it's not so important at the registration part. CHAIRMAN COLETTA: No. And, in fact, it's a deterrent. We're going in there, we're asking them for an update of their client list. It may be a detriment to this attorney to be putting out a client list to anybody who can go to public records and get it. It could be a -- so I just want to know who it is that comes through the door. MR. WEIGEL: And it's not just attorneys, as Mike indicated. CHAIRMAN COLETTA: Right. MR. WEIGEL: It's engineers and planners. CHAIRMAN COLETTA: It's engineers and anyone -- any professional person out there that's going to be doing the work. I Page 250 January 9, 2007 agree with Commissioner Henning on that part, keep it simple. COMMISSIONER HENNING: Call the motion. CHAIRMAN COLETTA: Well, we've got a motion and we've got a second. Discussion? Yes, Commissioner Fiala. Sorry, I didn't see your light. COMMISSIONER FIALA: Yeah. I just wanted to know, the list that is on file with the clerk's office, doesn't that need to be updated just so that -- Nancy, what did you want to say? I mean, just so that -- CHAIRMAN COLETTA: Why? Why? COMMISSIONER FIALA: Well-- MS. PAYTON: Nancy Payton. Right now you register but you don't have to list your clients. We're not required. There is a line item in the registration that asked for it, but we're not required -- no lobbyist is required currently to, on their registration, list their clients. I think it's -- COMMISSIONER FIALA: Well, we don't want to know all of their clients. We would -- you know, I don't really care. MS. PAYTON: I think it's important for the public to know and the public to have a resource that they can go to to find out who the heck is so and so representing and not have to wait to hear at a public meeting who they represent. And if it's going to be on line and they can register on line, what is the big deal? Most of the lobbyists have a secretary that does that work for them now. If you go look at the reports, most of them are filed by their secretaries. And if it's just a matter of doing it on line, I don't see the burden, and I think it's important to the public to know who these lobbyists are, who they represent. And if it's a burden on the lobbyists, so be it. That's the price of doing their business of influencing public policy. COMMISSIONER FIALA: But we have found possibly and what you're probably trying to say is that sometimes there are -- there Page 251 January 9, 2007 are deeper roots than the one who's coming before us at that time with that particular group. There are -- there are other groups that are like hidden behind the scenes that need to be brought to the forefront through this list. Is that what you're saying? MS. PAYTON: There needs to be a list that is -- that accompanies the lobbyist registration that lets us know who all their clients are, and that needs to be updated on a regular basis, not on a yearly basis, and that can be done with ease now, or will be, when the on-line registration is available through the clerk's office. I don't see the big burden. I don't see the problem, and I see lots of ups for government in the sunshine and knowing who's getting paid to influence you and the Planning Commission and the EAC. CHAIRMAN COLETTA: Okay. The list might be 250 names long. That-- MS. PAYTON: So what do you care? CHAIRMAN COLETTA: Well, I care a lot. MS. PAYTON: That's their burden. CHAIRMAN COLETTA: I want to know who he represents now when he's before me. I don't -- you know, the 250 people on the list, it might even be my next-door neighbor that went to him for some minor little thing. MS. PAYTON: No, it's not their client list. It's who's paying them -- COMMISSIONER HALAS: To lobby. MS. PAYTON: -- who has contracted with them to lobby. It's not their whole client list. CHAIRMAN COLETTA: Okay. MS. PAYTON: It's just only who has-- COMMISSIONER HALAS: To lobby. MS. PAYTON: -- paid them or hired them to influence public policy, to stand before you. COMMISSIONER HALAS: Land development codes and Page 252 January 9, 2007 changes to -- CHAIRMAN COLETTA: But still, they'd be required to come before us and state who the ones that they're representing have been. MS. PAYTON: At a particular time, but I think it's very good for the public to have a resource where they can go and see the list of who's paying that lobbyist to be here. CHAIRMAN COLETTA: Okay. That doesn't hit Commissioner Henning's motion or my second, unless you wanted to try to amend that. COMMISSIONER HENNING: You're going to be going through a -- an advisory board, county employees, and the Board of Commissioners and disclose who your client is. What's the big deal? COMMISSIONER HALAS: The deal is that citizens that are doing the research want to know who -- who the particular individual IS -- COMMISSIONER HENNING: Commissioner Halas, when they come to that board, they're going to know, okay? MS. PAYTON: Why do we have to wait? COMMISSIONER HENNING: I thought the public part was this was all over with. Are we discussing amongst each other or what? CHAIRMAN COLETTA: Well, I asked -- we asked Nancy Payton to come in. Thank you very much, Ms. Payton. MS. PAYTON: I'll sit down. CHAIRMAN COLETTA: I really do appreciate your input. COMMISSIONER HENNING: It's, you know, it's just going to -- it's creating more work. And the bottom line is, if you want to know COMMISSIONER HALAS: It's creating work for the lobbyists. COMMISSIONER HENNING: May I finish, please? It's creating more work, okay, and it's going to cost somebody some more money. Page 253 January 9, 2007 Now, you can't convince me of coming to a public body or an advisory board and letting that body know at that time is not sufficient. Now, I know some people out there just don't trust, you know, have a negative aspect about their life and they want to bring up everybody's dirty laundry or something. I don't know. But I think we hit the target and kept it simple, and just say, tell me who it is. My motion stands. CHAIRMAN COLETTA: Well, I'll tell you what we're going to do. We're going to take a vote on your motion, I'm going to remain with my second. If it fails, then we'll have to fall back on the next way. So we have a motion on the floor to limit this identification of who the lobbyist represents when they come before the county -- county staff for review or they come before the different Planning Commission or any other oversight agency or the county commission itself. That's the way I understand it to be. And they have to disclose at that point in time who they represent at that particular point in time. I still think that's a valid way to do it. And so, I'm going to call the question on that and we'll see where it is so we can get on with the evenIng. All those in favor, indicate by saying aye. CHAIRMAN COLETTA: Aye. CHAIRMAN HENNING: Aye. Opposed? COMMISSIONER FIALA: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Okay. Now we need a second motion. COMMISSIONER HALAS: And I make a motion that lobbyists have to report to the Clerk of Courts on a sheet of paper who they represent, and the lobbyists -- CHAIRMAN COLETTA: Kill paper. They might do it by Page 254 January 9, 2007 computer. COMMISSIONER HALAS: Computer. In other words, it has to be available -- COMMISSIONER FIALA: Registered. COMMISSIONER HALAS: -- so that the general public -- they register so that the general public can determine who is lobbying for who in regards to items that come before the Board of County Commissioners, before the planning board or before any other boards or even that -- matter of fact, if that individuals lobby the county attorney or -- excuse me -- the county manager, and I feel that that's the way that needs to go. And there should be some point in time when we have to recommend that there is an update of the records. And I leave that one open. It could be on a semiannual basis. At least it's a start. COMMISSIONER FIALA: Or quarterly. MR. PETTIT: Commissioners, if I may. I would -- whatever period you take -- right now it's annual; there's an annual registration period. What I maybe didn't make clear was what you could do is you could require that anybody who's engaged in lobbying activities for any entity during that preceding year, they have to list those people at the annual time. Now, that would give you a snapshot of what they did over the year, if that's what's important. COMMISSIONER HALAS: Okay. Let's do it that way. MR. PETTIT: That's one way to do it. It can be done annually, it can be done quarterly. COMMISSIONER FIALA: Well, you know what, I don't only want to know who they represented last year. I'd like to know who they're representing now, who is just hiring them. I think it should be updated quarterly. You don't think so? CHAIRMAN COLETTA: I'm sorry, no. I'm just -- the thing is that I'm most aiming for is when they come before this body and Page 255 January 9, 2007 they've got to list the 40 people, it means nothing to me. I want to know who now in time that person is that they're representing. It might be two or three clients, it might just be one. COMMISSIONER HALAS: That's right, but what the -- I believe what we're trying to get at here is it's open government so that the citizens, whoever they may be in the county, can go to that website and make a determination who that engineering group is lobbying for in the county. CHAIRMAN COLETTA: That's fine. COMMISSIONER HALAS: Okay. CHAIRMAN COLETTA: But how about the element when they come before us? COMMISSIONER HALAS: They still have to tell us who they're lobbying for at that point that they're here, okay? CHAIRMAN COLETTA: Okay. COMMISSIONER HALAS: But this is just for the media or the people out there to have an understanding of who is representing who, who is being paid by who, okay. And as Commissioner Fiala brought up, sometimes there's some underlying -- underlying deals that go on that we don't realize that there's a tieback all the way through the system. CHAIRMAN COLETTA: We're all saying the same thing. COMMISSIONER HALAS: Okay. That's my motion. CHAIRMAN COLETTA: So what -- and you second it? COMMISSIONER FIALA: Yeah, I'll second that as long as we have an ongoing registration going on, right. CHAIRMAN COLETTA: And identification when they come before us. Now, I know this is a whole bunch of talk taking place. What have you got from this? MR. PETTIT: I can tell what you I've got. CHAIRMAN COLETTA: Give this a try. Page 256 January 9, 2007 MR. PETTIT: I've got that I could, in about 20 minutes, with Ms. Green's help -- because I'd have her check my work -- amend this ordinance to require disclosure of your client whenever you're engaging in lobbying activities, and a little bit more difficult piece is where we are on registration, whether done electronically or in writing. COMMISSIONER HALAS: Electronic. MR. PETTIT: The electronic issue's got an issue with me because I'm not sure how you'd give an oath, and you do sign an oath when you register. MS. EDWARDS: Yeah. I'd like to address that if I may. MR. PETTIT: Okay. I mean, if you have an answer for that, I don't know. MS. EDWARDS: Yes, I do. Right now the plan is that they will be able to register on line and there'll be a print form feature. Until we get the payment facilitated on line, that will just -- they will have to print it and mail us the check. Most lobbyists right now end up mailing us a check anyway as it stands. We are designing this so the updating will be easy if the board chooses to go that route. It could be a simple add/drop form on line. So we want to make it as convenient as possible for the lobbyists and for our staff. CHAIRMAN COLETTA: Mr. Weigel? MR. WEIGEL: Well, Mrs. Fiala had indicated that she wants an updated registration of who is lobbying for whom, and I think we'll need to have a criterion in there of either quarterly, monthly. And here's another thing that you may note is, that notwithstanding that a lobbyist, whether it's an attorney, engineer, planner or whomever, will be explaining to whatever audience he or she is talking to, whom they represent. The fact is, that even with biweekly reregistration to add to the list, there is the possibility that someone will come on between that Page 257 January 9, 2007 period and be a client coming before a board or a client that's at interest to the lobbyist, is bringing to Jim Mudd or to some staff person. So it's very difficult to have absolute current registration. But to assist the people that wish to review these things at least periodically, perhaps a quarterly or monthly. And, again, it will take a good information program to make sure that the lobbyists, and potential lobbyists, citizens, lawyers, et cetera, know how to comply within the new requirement that we have. And, of course, the violation of the ordinance, as I told you, could have some penalties. So we want to make sure that they have every opportunity to comply with the standard that we set. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Must they be registered to lobby -- say, for instance, they got the job a week after they updated their list and they have now a new client. Do they have to register for that client before they come before us? MR. WEIGEL: No, only if you made that the imperative, which would be, you know, quite a burden, I think, to have to register every client that comes on when they come on, or words to that effect. But you may want to just have a quarterly or a monthly. Again, I would choose the time carefully if you're going to go that route so that it provides some order for the people that are lobbyists and provides an order for the clerk's office that's to be administrating the registration arm of things as well. CHAIRMAN COLETTA: Go ahead, Commissioner Henning. COMMISSIONER HENNING: Well, what's the motion as far as direction to bring back? It is to update a lobbyist list hourly or is it weekly or monthly or -- COMMISSIONER HALAS: We're going to work on quarterly. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: Agree. COMMISSIONER FIALA: Uh-huh. Page 258 January 9, 2007 COMMISSIONER HENNING: So -- and again, I don't -- I think that's way too much overkill. CHAIRMAN COLETTA: That's okay. MR. WEIGEL: Now, we're talking calendar quarterly as opposed to three months from the time of registration? COMMISSIONER HALAS: Calendar quarterly. COMMISSIONER HENNING: And I think the most important part in what we're trying to -- what the goal is, is to let everybody know who you're lobbying for. COMMISSIONER HALAS: Exactly, that's the goal. MS. KINZEL: And, Commissioners, for the record, Crystal Kinzel with the clerk's office. Also, would you have an anticipation -- or there should be some addressing of the fee. Would the fee still be the one-time annual with these quarterly updates, or would you expect a fee with each update? I think we need that kind of direction for collection of the fee. CHAIRMAN COLETTA: What's the fee, 25? MS. KINZEL: It's 25 annually at present. CHAIRMAN COLETTA: I don't know. What does it cost to handle this? What's the -- I guess that will be the thing. I expect it to pay for its own -- for the work it generates. I have no idea. I'd say keep it at 25, and we can come back and address that as time goes along. Wouldn't be anything to raise a fee. Commissioner Henning, you got something else? COMMISSIONER HENNING: Well, yeah. I mean, see, this thing is growing legs. CHAIRMAN COLETTA: No, it hasn't. It's still the same fee. COMMISSIONER HENNING: I know, but you want to -- I think you're right on target, you want to cover the cost of it. So if the Clerk of Court has to hire somebody, half a person, you want to cover that cost, and $25 might not, because instead of an annual event, you're making it a quarter event -- quarterly event. Page 259 January 9, 2007 CHAIRMAN COLETTA: Do we have anybody here that's an expert on fees and costs? I know I'm not in this particular case. What's going to be realistic to be able to make sure that we're serving the public by charging an appropriate fee for the service you're providing? MS. EDWARD: To build the database, it's as easy to -- you know, the person who's working on building it, it won't be that much extra time if it's annual or updated more frequently. That's all a function of how the database is designed. And this populates -- when they fill out the form on line, so you understand, it will populate to this, you know, ongoing database, which could be updated in, you know -- I don't want to promise real time, but within a day. That's what we're designing it to do so that it's accessible, transparent and on line. And we are planning right now to go ahead and do this with the information that's -- that we collect under the current ordinance. CHAIRMAN COLETTA: Oh, okay. So I think we got the motion squared away. We're not going to amend the fees that are there at this time. We're going to do this quarterly. Is there any other questions from the County Attorney's Office regarding this? MR. WEIGEL: I don't think so. CHAIRMAN COLETTA: Is there any other comments? MR. MUDD: Yes, sir. I just want to make sure, you didn't say, and they're going to identify themselves and say who they represent when they address the board and other advisory boards. COMMISSIONER FIALA: Yes, we did. CHAIRMAN COLETTA: Yes, we did. MR. MUDD: Okay. I just wanted to make sure. COMMISSIONER HALAS: That's in the motion. COMMISSIONER FIALA: Yes. CHAIRMAN COLETTA: Okay. With that, I'm going to call the Page 260 January 9,2007 question. All those in favor, indicate by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Okay. And the ayes have it, 3-1. Thank you very much. Great. N ow we get to the best part of the agenda. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. MUDD: Commissioner, that brings us to staff and commission general communication. CHAIRMAN COLETTA: Okay. Let's start off with the County Attorney's Office. Is there anything that you have? MR. WEIGEL: No. Just to say thank you to Mr. Halas for his chairmanship, and we look forward to working with the new chairman. Thank you. CHAIRMAN COLETTA: Thank you, sir. Let's see if you can match that one, Mr. Mudd. MR. MUDD: Oh, sir, forget it. This has got a couple things we've got to talk about. First of all, I just want to make sure the board is aware that Mr. John Cassio, who is the Glades Country Club property manager and a member of your EMS Advisory Board, passed away on the 12th of December. That was very unexpected. He was only 55 years old. And he was a fair and decent man in every dealing that I ever had with him. It will be a loss to the community. I'd ask that you keep him in Page 261 January 9, 2007 your -- his family in your thoughts and prayers. Next item has to do with a trip that Commissioner Halas and I took with project manager for our beach renourishment, Mr. Gary McAlpin, and my assistant Deb Wight. We went to go see the Florida Department of Environmental Protection, in particular the deputy secretary, whose name is Michael Sole. He is now the secretary of the Florida Department of Environmental Protection. We saw him the day before the governor-elect made that announcement. The reason we made the trip was because the Florida Department of Environmental Protection was of the opinion that our beach parking did not -- and I quote out of their policy -- parking is clearly assigned or otherwise clearly designated as parking for the general public on an equal basis. And they were of the opinion that the permitted parking spaces that we have in Collier County that we use, they use to determine what their cost share is going to be for a major beach renourishment was not designated on an equal basis, and the reason for that is they -- they determined as they followed a car into the Vanderbilt Beach parking garage who had a sticker on it and didn't pay a fee because if you have a sticker you get to park in that garage for free, and when they got to the cashier, they had to pay five bucks. They said, how come the sticker gets free and I have to pay five? If this is a metered -- if this is a metered spot, everybody should feed the meter no matter if they have a sticker or not. That's an equal basis. They said, you have violated that policy, therefore, we are going to reduce the number of parking spaces that are eligible for your cost share, and therefore, the major beach renourishment project that you just completed, we are going to give you $1.7 million less. So we had fought that battle for four months and lost it as staff, and I thought it was time that I got the chairman of the Board of County Commissioners and the manager to go up and get this sorted Page 262 January 9, 2007 out. We had the meeting. We heard what -- how they read that particular policy, and what I described to you is exactly how they read that policy. So we had a couple of -- we had a couple of things that we could do, one of which was to leave it alone the way it is now and receive $1.7 million less where we were counting on the contract that they had signed where they were going to give us more, $1.7 million more to be exact. We could get the cities and the county commissions and city councils to agree that if you have a sticker, you couldn't park in a metered space unless you fed the meter. That was another way out. We still have problems with that particular alternative because you have parking garages, and how do you determine that? So the board could not realize the fact that if you had a sticker you could park in the Vanderbilt Beach parking garage and/or any other day-use facility like Wiggins Pass Park, Barefoot Beach, where you could use those parks on a daily basis and use your sticker, and so we have problems there. So we couldn't totally recover the $1.7 million in that regard. We'd still be short about a half a million. Or there's another alternative; give the people the opportunity that are eligible for the county pass now the opportunity to buy the pass at a fair market rate. I had staff do a preliminary analysis of what that fair market rate would be, and it turns out that it's about 30 bucks a year. That's what a beach parking pass is worth for a county resident. It's about 30 bucks a year. We would let those visitors be able to purchase a pass if they so want to for $30 a year. We'd stick it on their car, and they'd be able to do the same things with their pass as we do with our passes. We could park in a metered space or a permitted space. Now, that alternative lets all the permitted spaces that aren't Page 263 January 9, 2007 eligible right now, because we don't have a visitors pass, that lets them now come into the count, and now we have more parking spaces that are eligible for the cost share, and we could increase our cost share to the tune of about $1.2 million. So we went from losing 1.7 to getting 1.7 back, plus -- COMMISSIONER HENNING: Plus money. MR. MUDD: -- an additional 1.2. Now, the reason I mention this to you is, you are going to discuss this as a board during your TDC joint workshop. It is an agenda item. I bring it to your attention because the CAC is going to hear about this on the 11 tho I'm going to talk about -- and I already have talked about this with the city managers of Marco and the City of Naples. They are going to discuss -- and I'm going to discuss it again with Dr. Lee on Friday when we have our meeting about annexation, and you're going to have your TDC workshop. Depending on your guidance at the TDC workshop, we will bring this back as an action item on the 23rd of January. Why the push? And oh, by the way, P ARAB will also hear this particular issue during that time period. Because I promised Secretary Sole that by the last day of January we would have a process in place for Collier County one way or the other in a letter from me to him telling him what was going to happen so that we could bring this particular issue to rest, okay, and we could end it one way or the other. And those are the options that you pretty much had that you can deal with. And we'll work out the details with the City of Naples and whatever, but I just want to make sure you know, we went and had that meeting. I believe we came to some resolution one way to make us more whole than we are right now, and we'll work through that process. COMMISSIONER HALAS: I just want to say that we found Page 264 January 9, 2007 that we weren't sure what type of ground we were going to find ourselves on, but I think when they realized that we were serious about addressing this problem, that Mr. Mike Sole wanted to work with us and wanted us to rectify this problem. He also realized that if we change the options that we have available today and made it available so that we could even get more cost share, he was -- he says, so be it. That's what I'm here for. So I think it could be a win-win for everyone. MR. MUDD: Commissioner, the next item has to address a letter that I received, and this is just a confirmation letter because it verbally had already been communicated to me, and that's by Chief Robert Schank, and the East Naples Fire District, and he's basically asking for a joint meeting between the East Naples Commission and/or their-- the -- there's also an advisory committee, with Board of County Commissioners, to address basically fire permitting, fire review, and to get some things resolved in that particular regard, and I just want to know what your direction is. Do you want me to schedule that particular joint workshop? CHAIRMAN COLETTA: Yes. COMMISSIONER HENNING: We have an advisory board on fire code issues? MR. MUDD: No, sir. They have the advisory board, their steering committee, where all the different -- COMMISSIONER HENNING: Oh. MR. MUDD: -- fire districts get together. COMMISSIONER HENNING: Yeah, I'm happy to meet with the East Naples Fire District. CHAIRMAN COLETTA: You've got four nods. MR. MUDD: Okay. Thank you. Last, but not least, to bring you up to speed, the last time we met we were dealing with a letter that we received from Bill Moss, and this is the letter which you've already seen before. I showed that to Page 265 January 9, 2007 you in December, and they basically wanted to talk about merging their fire process with Collier County's dependent districts. Mr. Leo Ochs had that meeting at that same day that Commissioner Halas and I were in Tallahassee having that meeting with Secretary Sole. And I'm just going to go over the things that were discussed at that particular meeting and figure out what the board wants us to do next, if we do anything next. No decisions were made at that meeting, but the general understandings were reached, and they include: A recognition that discussions and future discussions should not interfere with ongoing countywide consolidation discussions with the fire districts in which chief -- and which Commissioner Cannon is basically leading. Any future discussion will focus only on Marco Island and Collier County, not the independent fire directs. If conceptual agreement is reached, the additional analysis would follow to determine whether consolidation would improve delivery of service, be cost effective, be advantageous to our citizens, and be beneficial to city and county fire rescue and EMS personnel that may be impacted by the consolidation. Four, if conceptual agreement is reached as to the potential benefit of consolidation, that analysis and decision-making would be made expeditiously, perhaps within 90 days following completion of analytical studies. No desire to extend discussions for months or years. Number five, desire to maintain a sense of community and involvement of departments within their respective communities in each of the geographic areas. A desire to discuss consolidation of both fire rescue and EMS servIces. Seven, general agreement that operating protocol between jurisdictions is very similar, and that each have provided mutual assistance to each other for years. Page 266 January 9, 2007 General agreement that a consolidated service makes sense because of the very similar missions, the same required skills of employees, the high cost of specialized fire fighting and EMS equipment, and the very competitive recruitment environment. We made no commitments at that particular meeting. We listened. That's what I asked the board if I could have your permission to do. At this particular juncture, knowing what I just laid out -- Leo, if I missed anything -- and these were the words that Bill Moss used to report it to the press. And I believe I sent that to you, Commissioner Fiala, just so that you knew. What would you -- what's the board's desire? Do you want us to continue in that particular discussion? CHAIRMAN COLETTA: I speak as an individual commissioner. I like the idea of a consolidation. If it starts -- wherever it starts, it starts. Eventually I see us out of the business when they go countywide, and I don't know when that's going to happen. There will just be one fire district to cover the whole of the county. And if we can bring some elements together now -- I'm sure that if we do this, we'd structure it in a way that it wouldn't be a burden to any of our present taxpayers. It's a natural. I don't have any problems with it. We've got three nods, four nods. MR. MUDD: Discussion-- CHAIRMAN COLETTA: Yeah. MR. MUDD: We'll continue discussion with the-- CHAIRMAN COLETTA: Yeah. MR. MUDD: -- City of Marco Island in that regard. That's all I have. Thank you for your time. CHAIRMAN COLETTA: Thank you. I appreciate your feedback. Let's start with Commissioner Halas. And once again, sir, thank Page 267 January 9, 2007 you very much for your year of service. COMMISSIONER HALAS: Thank you very much. As you -- I sent a letter out back in November in regards to where I thought that it was very important that we start looking at environmentally friendly fertilizers because we are running into a number of problems with our estuary system with the runoff, and I just wanted to know where my commissioners felt on this whereby we could address this is. CHAIRMAN COLETTA: I don't think Mr. DeLony's got any opinions on it. What do you think? Mr. DeLony, do you have anything to offer us on this subject? MR. DeLONY: For the record, Jim DeLony, public utilities administrator. Sir, you sent that over to my shop, and we took a look at that. Since -- just this week I returned a memo back to Mr. Mudd-- COMMISSIONER HALAS: Okay. MR. DeLONY: -- with regard to what we found. There's a lot of work being done on the specific subj ect by the state, and I've given Mr. Mudd some options and am waiting on his further direction. So that has not set languishing. COMMISSIONER HALAS: Okay. MR. DeLONY: And so if you could give Mr. Mudd a little time to give me a little bit more direction. Of course, we can work with you based on that direction, and I think we can address that and come back to the board accordingly. COMMISSIONER HALAS: Fantastic. CHAIRMAN COLETTA: Anything else, sir? COMMISSIONER HALAS: That's it. I just want to thank all of the commissioners for the past year and also staff that's still present for your support, and thank you very much. You made the year very easy for me, and it was a pleasure to work with each and every one of you commissioners here up on the dais. Page 268 January 9, 2007 CHAIRMAN COLETTA: Okay. I'll go next, if you don't mind. A couple of things. One, this Saturday at 10 o'clock at the courthouse steps, I won't be getting up there and making an announcement; however, our Congressman Mario Diaz Balart, will be there and he'll be taking his oath of office. And if you care to attend, and I kind of would like to encourage you to do that if you could, 10 o'clock on Saturday. The other thing is, is that -- and I hate to break any traditions, but the Productivity Committee that I've been working with for this past year, I've had some very good input with them, I'm very, very proud of what they've been doing and accomplishing, and I would very much like to be able to remain with the Productivity Committee for the coming year even though I'm the chair and it's generally the vice-chair's position to do that. I don't know how the vice-chair feels about that, but there's been several issues that we've been putting a lot of time in, and I'd like to continue to work it. I wouldn't -- I can't go to the meeting with another commissioner there because then the input becomes extremely limited. COMMISSIONER HENNING: Are you talking about the whole year? CHAIRMAN COLETTA: Yes, sir. COMMISSIONER HENNING: Wow. I wouldn't mind relinquishing what has historically happened, for the time period that you finish up your work, but -- CHAIRMAN COLETTA: Okay. I understand. COMMISSIONER HENNING: -- if it's going to take a whole year, I don't know about that, buddy boy. CHAIRMAN COLETTA: I think the Productivity Committee's probably very happy to know that there's a very outgoing demand for their services. Well, what's the pleasure of the group? Page 269 January 9, 2007 COMMISSIONER HALAS: Well, I think that -- I understand where you're coming from, Commissioner, because when Commissioner Coyle took over as the chair, he had aspirations of staying aboard the Productivity Committee, and the discussions that Commissioner Coyle and I had was that I felt that that was a learning curve for the vice-chair, and I feel that the vice-chair, that's his responsibility, but that's just my input. CHAIRMAN COLETTA: Okay. I hear you. And there is one thing. I'll tell you what I'm working on that I'm really quite excited about and I'd like to follow it through. It won't take a whole year, but it's the possibilities of charter government. That's what we directed them to look into, and they're going to be -- we're going to be -- or I will be making a report to the commission at the next meeting as the -- what the Productivity Committee has come up with at this point in time and be looking for further direction from this commission. It would be very difficult for someone to step in there now and make that report without having to go through everything that took place over the past eight month or so. I assume that they're going to reach -- we're going to reach a direction where we can direct them which way to go probably in about a four- to five-month span. I would assume. You know, because if anything's going to happen, it's going to be tied around the year '08. It will become a ballot issue, either where we make a study committee or we tell them -- or we tell them to put it on the ballot to go forward with charter government as is. And -- well, whatever. I serve the commission in this position as the chair, I serve you, and so I'm waiting for direction. COMMISSIONER HALAS: I think it's a determination that you and Commissioner Henning have to work out together. CHAIRMAN COLETTA: Well, not really, because then it could become a sunshine issue. COMMISSIONER FIALA: Well, right. And maybe if you want Page 270 January 9, 2007 to make your report, if you want to stay on for another month till you make your report, but then I think it would be a good idea to have another commissioner sitting on there anyway just to have him familiar with the issue as well, I would think. CHAIRMAN COLETTA: Okay. Then-- COMMISSIONER HALAS: Two commissioners can't be on the same board. CHAIRMAN COLETTA: No, you can't. COMMISSIONER FIALA: No, just one, till Commissioner Coletta can finish up his report. COMMISSIONER HENNING: I got another resolution. Why don't you step down as chair? CHAIRMAN COLETTA: I'm not too sure. Who's the vice-chair? No, I'll tell you what, grant me just two more months. COMMISSIONER HENNING: You got it. CHAIRMAN COLETTA: Okay, great. That was -- I can't believe I begged for work. MS. FILSON: And what about the TDC, Commissioner Coletta? You'll -- because as chairman -- CHAIRMAN COLETTA: Oh, I thought Commissioner Henning wanted that, but I'll take that on, too. I'm not going to get into that discussion. I'll take the TDC. I'll stick with traditions the way they are. The other thing -- and I just got to mention it before we move on, is 10E, where we dealt with the alternative fee. MR. MUDD: The impact fees for boat slips. CHAIRMAN COLETTA: The impact fee. My concern is, what else is out there that we don't know about? And I don't think we need to get into a ton of discussion, and I brought this up several times with Mr. Mudd and the petitioner, and I wanted to mention it to you, too. This just surfaced out of the blue. If it wasn't for a certain set of circumstances, we never would have found out these fees weren't paid. Page 271 January 9, 2007 Obviously there's checks and balances not in place that should be, maybe they are now. I don't know how we go back and do an audit. There must be some way that someone could take a look and be able to find out like circumstances, if the impact fees were, through pure ignorance, waived and the person never paid. Just had to share that. I don't know where to go with it from there. COMMISSIONER HALAS: Well, Commissioner, it's like walking through a freshly plowed field and you kick a rock and you find something underneath all the rocks you kick. So God only knows how long we'll continue to find these problems that crop up. So I think what we'll have to do is address them as we did today and hope that we come up with the right answer. CHAIRMAN COLETTA: The word's crop up. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. I'd like to know -- about a month ago we discussed reorganization over -- down at CD ES and code enforcement. It was suggested code enforcement might be going to the sheriffs office if the sheriffs office wanted to accept them. We never heard anything more. MR. MUDD: I haven't heard anything more from the sheriffs office, and I briefed that on the 12th of December, and there -- besides getting the work done and staff taking a little bit of Christmas leave, we haven't got back on that particular issue yet. COMMISSIONER FIALA: Oh, okay, fine. Thank you. And then I wanted to say, too, Commissioner Halas, great working with you. Commissioner Coletta, welcome back. You added a lot of humor to today's meeting, and it was a lot of fun. And welcome as vice-chairman, Commissioner Henning. COMMISSIONER HENNING: Thank you. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Yes. Transportation Page 272 January 9, 2007 administrator pointed out a letter from the school board staff giving a number of days to vacate the vocational center for using it for a CAT facility transfer station, which poses a problem to our -- or alternative transportation scrambling to try to find another site. I don't think it's been applied for a conditional use for the Morandi site, but that's still going to take a while. And what I would like to ask the board, if we could direct the chairman to write a letter to the chairman of the school board to hold off on that direction from staff until we find a facility. Also, I would like to put on the school board agenda about the two boards entering into a memorandum of understanding or agreement instead of the different staffs doing that so that stuff like this doesn't crop up. CHAIRMAN COLETTA: Your first part was to direct the chair to write a letter. Did you want to motion? COMMISSIONER HENNING: Sure. Make a motion that we direct our chairman to write a letter to the school board chairman asking him to hold off any -- or asking the transportation staff to vacate the facility until we find -- COMMISSIONER HALAS: Second it. CHAIRMAN COLETTA: Okay. That motion -- we got a motion from Commissioner Henning, second from Commissioner Halas. Got any discussion on it? (No response.) CHAIRMAN COLETTA: Hearing none, all those in favor, indicate by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Okay. The rest of it? Page 273 January 9, 2007 COMMISSIONER HENNING: The second thing is, and I see this also in parks and rec. too, we need a clear understanding for the two staffs to -- they have our marching orders. We don't want to get cut short. So I want to put it on the workshop, an agenda, that item that the two boards comes into an MOU or some sort of agreement like shared facilities or stuff of that nature. CHAIRMAN COLETTA: In other words, what staff is now handling, you're suggesting that we give direction as a joint board between the school board and our board? COMMISSIONER HENNING: Yeah. CHAIRMAN COLETTA: I think that would be an item for discussion for the future agenda when we have the joint meeting to see where it goes. COMMISSIONER HALAS: Yep. CHAIRMAN COLETTA: Yeah, I think you've got agreement. That will probably just give direction to staff. I don't know that we need to make a motion. MR. MUDD: Yeah. We'll get it on the agenda item, make sure when we have the j oint meeting -- CHAIRMAN COLETTA: Good idea. MR. MUDD: -- that that's an item that sits there. And Commissioner Henning has a good point, sometimes it's easy for staff to say no to something and the commission might not know that that particular item was said no to. COMMISSIONER HENNING: Right. And other things that we're seeing in the media I'm not sure that the school board staff is -- I'm not sure that the school board totally agrees to. So we just want to nail it down. And with that, I make a motion to adjourn. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: Okay. We're adjourned. Page 274 January 9, 2007 ***** Commissioner Coyle moved, seconded by Commissioner Fiala and carried unanimously, that the following items under the Consent and Summary Agendas be approved and/or adopted ***** Item #16A1 RESOLUTION 2007-01: FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT FOR DELASOL PHASE THREE. THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV A TEL Y MAINT AINED- W / RELEASE OF THE MAINTENANCE SECURITY Item #16A2 FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY FOR FOREST GLEN~ PARCEL 5 - W /RELEASE OF UPS Item #16A3 FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY FOR FOREST GLEN~ PARCEL 6 - W /RELEASE OF UPS Item #16A4 RESOLUTION 2007-02: FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF FOREST GLEN OF NAPLES. THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIVATELY MAINTAINED- W/RELEASE OF THE UPS Page 275 January 9, 2007 Item #16A5 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR FLORIDA CLUB OF NAPLES - W/RELEASE OF THE UPS Item #16A6 SECOND AMENDMENT TO THE MARCO ISLAND CABLE FRANCHISE AGREEMENT THAT EXTENDS THE CABLE OPERATOR'S FRANCHISED AREA TO ALL OF UNINCORPORATED COLLIER COUNTY AND WHEREBY THE CABLE OPERATOR COMMITS TO INSTALL FIBER CABLE FOR THE USE AND BENEFIT OF COLLIER COUNTY - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A7 AWARD CONTRACT NO. 07-4039 FOR $49,716.65 TO FRASER AND MOHLKE AND ASSOCIATES, INC., A CONSULTANT FIRM, TO TAKE THE PRIMARY LEAD WITHIN THE PUBLIC PARTICIPATION PHASE OF THE EAST OF CR951 INFRASTRUCTURE AND SERVICES HORIZON STUDY AND COLLECT AND TABULATE THE RESULTS OF THE PUBLIC POLLING Item #16A8 RECORDING THE FINAL PLAT OF CAROLINA VILLAGE, APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY - W/ Page 276 January 9,2007 STIPULATIONS Item #16B1 AWARD A CONSTRUCTION CONTRACT TO BETTER ROADS, INC. FOR IMMOKALEE ROAD (C.R. 846) INTERSECTION IMPROVEMENTS AT SANCTUARY ROAD, BID NO. 07-4090, PROJECT NO. 66065 IN THE AMOUNT OF $826~725.20 Item #16B2 AWARD OF BID # 07-3986R, ANNUAL CONTRACT FOR CONCRETE SIDEWALK AND CURB MAINTENANCE TO N.R. CONTRACTORS, INC. FOR AN ESTIMATED ANNUAL EXPENDITURE OF $250~000 Item #16B3 AWARD OF BID # 07-4043, MILLING OF EXISTING ASPHALT ROADWAYS TO FTA HOLDINGS, LLC, BETTER ROADS, INC. AND BONNESS FOR AN ESTIMATED ANNUAL EXPENDITURE OF $100,000 - TO REMOVE/REPLACE EXISTING TRAFFIC CALMING DEVICES Item #16B4 AWARD OF BID # 07-4057, PURCHASE AND DELIVERY OF METAL AND POLYETHYLENE PIPE TO CONTECH CONSTRUCTION PRODUCTS, INC., FERGUSON WATERWORKS AND HD SUPPLY WATERWORKS LTD FOR AN ESTIMATED ANNUAL EXPENDITURE OF $50,000 - TO FURNISH & DELIVER METAL AND POLYETHYLENE PIPE Page 277 January 9, 2007 AND MISCELLANEOUS RELATED SUPPLIES Item #16B5 RESOLUTION 2007-03: ESTABLISHING A NO PARKING ZONE ON THE SOUTH SHOULDER OF RADIO LANE BEGINNING AT THE POINT OF TANGENT FOR THE EASTERN DRIVEWAY LEADING TO THE CIRCLE K STORE AND EXTENDING 600 FEET EASTWARD AT THE COST OF $1900 Item #16B6 DIRECT THE COUNTY MANAGER OR HIS DESIGNEE TO DRAFT A COUNTY ORDINANCE GOVERNING THE THRESHOLD AMOUNT OF LAND OR EASEMENT PURCHASES REQUIRING ONE OR TWO REAL ESTATE APPRAISALS (ESTIMATED FISCAL IMPACT $0.00) Item #16B7 AN INTER-LOCAL AGREEMENT BETWEEN THE SCHOOL DISTRICT OF COLLIER COUNTY, COLLECTIVELY REFERRED TO AS "DISTRICT, AND COLLIER COUNTY, HEREIN REFERRED TO AS COUNTY, FOR POSSIBLE FUTURE OPERATIONAL IMPROVEMENTS AS IT PERTAINS TO ELEMENTARY SCHOOL 'M' TRAFFIC IMPACTS Item #16B8 RESOLUTION 2007-04: AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXCUTE A LOCAL AGENCY PROGRAM AGREEMENT WITH THE Page 278 January 9, 2007 FLORIDA DEPARTMENT OF TRANSPORTATION IN WHICH COLLIER COUNTY WOULD BE REIMBURSED UP TO $200,000 FOR SIDEWALK CONSTRUCTION ON FLORIDAN AVENUE FROM BROW ARD STREET TO CONFEDERATE DRIVE (PROJECT #601201) Item #16B9 A WARD CONTRACT #06-3975 ANNUAL FIXED TERM PROFESSIONAL TRANSPORTATION PLANNING CONSULTANT SERVICES TO ONE (1) ADDITIONAL FIRM (ESTIMATED ANNUAL AMOUNT $300,000) - W/URS CORPORATION SOUTHERN INC. Item #16BI0 RESOLUTION 2007-05: AUTHORIZING THE COUNTY MANAGER OR HIS DISIGNEE TO EXECUTE THE ATTACHED FEDERAL TRANSIT ADMINISTRATION SECTION 5310 GRANT APPLICATION AND APPLICABLE DOCUMENT, AND TO ACCEPT THE GRANT IF AWARDED ($317,000) - TO MEET THE SPECIAL NEEDS OF THE ELDERLY AND DISABLED POPULATION Item #16Bll RESOLUTION 2007-06: AUTHORIZING THE COUNTY MANAGER OR HIS DISIGNEE TO EXECUTE THE ATTACHED FEDERAL TRANSIT ADMINISTRATION SECTION 5311 GRANT APPLICATION AND APPLICABLE DOCUMENT, AND TO ACCEPT THE GRANT IF AWARDED ($837,244.80) - TO PROVIDE RURAL TRANSIT SERVICES Page 279 January 9, 2007 Item #16C1 CONVEY A UTILITY EASEMENT TO THE WATER-SEWER DISTRICT FOR FIVE PUBLIC WATER SUPPLY WELL SITES, ASSOCIATED PIPELINES, AND ACCESS ON THE COLLIER COUNTY FAIRGROUNDS PROPERTY AT AN ESTIMATED COST NOT TO EXCEED $61.00, FOR THE NORTH EAST REGIONAL WATER TREATMENT PLANT WELLFIELD, PROJECT NUMBER 70899 - TO MEET DEMAND IN NORTHEASTERN COLLIER COUNTY Item # 16C2 WORK ORDER #CT-FT-3971-07-05 UNDER CONTRACT # 06- 3971 ANNUAL CONTRACT FOR GENERAL CONTRACTORS SERVICE, TO CHRIS-TEL COMPANY OF S.W. FLORIDA. IN THE AMOUNT OF $168,878.00 FOR INTERIOR RENOVATIONS AT THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT (NCRWTP) PROJECT NUMBER 700953 - TO ENHANCE WORKING CONDITION AND DAILY OPERATIONS BY MAKING INTERIOR RENOVATIONS Item #16C3 A DEDUCT CHANGE ORDER TO CONTRACT 04-3535, WORK ORDER UC-235, WITH CYL Y CONSTRUCTION, INC. FOR $50,597.00 FOR THE SOUTH COUNTY WATER RECLAMATION FACILITY RELIABILITY IMPROVEMENTS AT LEL Y HIGH SCHOOL FORCE MAIN, PROJECT 72508 - FOR THE EXCLUSION OF THE INSTALLATION OF A 4" WASTEWATER FORCE MAIN Page 280 January 9, 2007 Item #16C4 CONTRACT(S) #06-4015 SOLID WASTE PROFESSIONAL ENGINEERING, TECHNICAL AND FINANCIAL CONSULTING SERVICES TO THE FOLLOWING FIRMS: MALCOLM PIRNIE, INC.; CH2M HILL, INC.; POST, BUCKLEY, SCHUH & JERNIGAN, INC.; BROWN AND CALDWELL; AND R.W. BECK, INC. NOT TO EXCEED $750,000 PER CONTRACT PER YEAR - FOR A 2 YEAR CONTRACT Item #16C5 TRANSFER FUNDS AND THE ASSOCIATED BUDGET AMENDMENTS FOR AGREEMENT ML070554 AND ML040284 WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) FROM MISCELLANEOUS GRANT FUND (116) TO WATER POLLUTION CONTROL FUND (114) IN THE AMOUNT OF $244~414 Item #16C6 AGREEMENT WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO MONITOR GROUND WATER IN COLLIER COUNTY IN THE AMOUNT OF $337,601 AND THE ASSOCIATED BUDGET AMENDMENT - FOR MONITORING SEVENTY THREE (73) GROUND WATER SITES SEMIANNUALL Y FOR THREE YEARS Item #16C7 EXECUTE AGREEMENT WITH WCI COMMUNITIES, Page 281 January 9,2007 INCORPORATED FOR COST SHARING FOR REPLACEMENT OF THE 6" W A TERMAIN ON TOWER ROAD FOR A FISCAL IMPACT OF A NOT TO EXCEED AMOUNT OF $11 0~600 Item #16Dl A SECOND AMENDMENT TO LEASE AGREEMENT WITH COLLIER MODEL AERONAUTIC CLUB, INC., FOR THE CONTINUED USE OF VACANT COUNTY-OWNED LAND AT AN ANNUAL INCOME OF $10 - ADJACENT TO MANATEE ELEMENTARY AND MIDDLE SCHOOL FOR OPERATING A MODEL AIRPLANE FLYING CLUB Item #16D2 TO APPROPRIATE RESERVES IN THE AMOUNT OF $32,930 TO REPLACE THE FIRE SUPPRESSION HOOD AT GOLDEN GA TE COMMUNITY CENTER Item #16El A BUDGET AMENDMENT TO FUND 516, PROPERTY AND CASUALTY INSURANCE IN THE AMOUNT OF $533,500 TO EFFICIENTLY MANAGE THE PAYMENT OF BUILDERS RISK INSURANCE PREMIUMS ON VARIOUS CAPITAL CONSTRUCTION PROJECTS IN FY07 Item #16E2 RESOLUTION 2007-07: REPEAL COLLIER COUNTY RESOLUTION NO. 95-474 AND DISCONTINUE THE COLLECTION OF FEES FOR THE PROVISION OF A VENDOR Page 282 January 9, 2007 SUBSCRIPTION SERVICE - NEW ONLINE BID NOTIFICATION AND RECEIPT SYSTEM TO BE IN APERATION BY APRIL~ 2007 Item # 16E3 ADDITION OF THE CLASSIFICATION DEPUTY ADMINISTRATOR - CDES TO THE 2007 FISCAL YEAR PAY AND CLASSIFICATION PLAN Item #16E4 A SIGN EASEMENT WITH W AL-MART STORES INC., ALLOWING COLLIER COUNTY TO INSTALL A PERMANANT SIGN ON VACANT LAND TO ADVERTISE THE COUNTY'S MUSEUM WITH NO ANNUAL RENT Item # 16E5 REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS TO BOARD-APPROVED CONTRACTS FOR PERIOD NOVEMBER 17, 2006 - DECEMBER 18~2006 Item #16E6 RATIFY ADDITIONS TO AND A MODIFICATION TO THE 2007 FISCAL YEAR PAY AND CLASSIFICATION PLAN MADE FROM OCTOBER 1~ 2006 THROUGH DECEMBER 15~ 2006 Item #16E7 Page 283 January 9, 2007 AWARD BID 07-4083 "ON CALL ELECTRICIAN REPAIRS AND NEW INSTALLATION - COUNTY WIDE" TO MULTIPLE VENDORS ($164,000 ANNUALLY): AS DETAILED IN THE EXECUTIVE SUMMARY Item #16E8 AWARD BID #07-4097 "ON CALL PLUMBING CONTRACTOR SERVICES" TO SHAMROCK PLUMBING & MECHANICAL, INC. AS PRIMARY, FIRST CLASS PLUMBING AS SECONDARY AND EDDIE BOCK'S PLUMBING AS THE THIRD VENDOR FOR PLUMBING SERVICES ($190,000 ANNUALLY) Item #16Fl RESOLUTION 2007-08: PROVIDING FOR THE ESTABLISHMENT OF A USE AGREEMENT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE FLORIDA BUREAU OF PUBLIC LANDS AND AUTHORIZING CHAIRPERSON TO SIGN THE PUBLIC USE AGREEMENT AFTER APPROVAL BY THE COUNTY ATTORNEY'S OFFICE (WIGGINS PASS DREDGING - STATE PARK BEACH RENOURISHMENT) - TO BE COMPLETED BY APRIL 30~ 2007 Item #16Gl SITE IMPROVEMENT GRANT AGREEMENT(S) BETWEEN THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AND A GRANT APPLICANT(S) WITHIN THE BA YSHORE GA TEW A Y TRIANGLE COMMUNITY Page 284 January 9, 2007 REDEVELOPMENT AREA - 2732 WEEKS AVE., NAPLES, FL 34112 Item #16G2 A BUDGET AMENDMENT IN THE AMOUNT OF $112,000 TO FUND THE PLANNED UNIT DEVELOPMENT AT THE IMMOKALEE REGIONAL AIRPORT/FLORIDA TRADEPORT Item #16G3 ONE-TIME MONETARY SPONSORSHIP OF $5,000.00 BY THE COMMUNITY REDEVELOPMENT AGENCY TO BA YSHORE CULTURAL ARTS, INC. FOR HEARTS IN THE GARDEN EVENT FROM THE BA YSHORE GATEWAY TRIANGLE TRUST FUND (FUND 187) FY07 MARKETING & PROMOTIONS BUDGET FOR EVENT SET-UP COSTS, RENTALS, SECURITY, PRINTING AND ADVERTISING EXPENSES ONLY, AND DECLARE THE SPONSORSHIP SERVES A VALID PUBLIC PURPOSE - HELD AT THE NAPLES BOTANICAL GARDENS ON FEBRUARY 2 AND FEBRUARY 9, 2007 Item #16H1 PAYMENT FOR REIMBURSEMENT FOR COMMISSIONER FIALA TO ATTEND THE LEADERSHIP MARCO GOVERNMENT LUNCHEON ON NOVEMBER 29,2006 AT THE MARCO ISLAND YACHT CLUB; $20.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - SERVING A VALID PUBLIC SERVICE Page 285 January 9, 2007 Item #16H2 PAYMENT FOR REIMBURSEMENT FOR COMMISSIONER FIALA TO ATTEND THE 22nd ANNUAL SCHOLARSHIP FASHION SHOW ON DECEMBER 6, 2006; $60.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - SERVING A VALID PUBLIC SERVICE - HILTON NAPLES AND TOWERS Item #16H3 - WITHDRAWN PAYMENT FOR REIMBURSEMENT FOR COMMISSIONER HALAS TO ATTEND THE GREATER NAPLES CHAMBER OF COMMERCE EXECUTIVE SESSION ON DECEMBER 19,2006 AT THE CHAMBER BUILDING; $10.00 TO BE PAID FROM COMMISSIONER HALAS' TRAVEL BUDGET - SERVING A VALID PUBLIC SERVICE - RECOGINIZING SENATOR MEL MARTINEZ Item #16H4 - WITHDRAWN PAYMENT FOR REIMBURSEMENT FOR COMMISSIONER FIALA TO ATTEND THE GREATER NAPLES CHAMBER OF COMMERCE EXECUTIVE SESSION ON DECEMBER 19,2006 AT THE CHAMBER BUILDING; $10.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - SERVING A VALID PUBLIC SERVICE - RECOGNIZING SENATOR MEL MARTINEZ Item #16H5 PAYMENT FOR REIMBURSEMENT FOR COMMISSIONER Page 286 January 9, 2007 HALAS TO ATTEND THE 50th YEAR ANNIVERSARY OF FRIENDS OF THE LIBRARY ON JANUARY 12, 2007 AT THE COLLIER COUNTY LIBRARY HEADQUARTERS; $20.00 TO BE PAID FROM COMMISSIONER HALAS' TRAVEL BUDGET- SERVING A VALID PUBLIC SERVICE - 2385 ORANGE BLOSSOM DRIVE 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 287 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE January 9, 2007 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: (1) Heritaae Greens Community Development District: Minutes of September 11, 2006; Agenda for September 11, 2006; Meeting Schedule of FY 2007. (2) Collier Mosquito Control District: Meeting Schedule for 2007. (3) Quarry Community Development District: Minutes of December 12, 2005; Agenda for December 12, 2005; Minutes of January 9, 2006; Agenda for January 9, 2006; Minutes of April 10, 2006; Agenda for April 10, 2006; Minutes of May 8, 2006; Agenda for May 8, 2006; Minutes of July 10, 2006; Agenda for July 10, 2006; Minutes of May 26, 2006; Agenda for May 26, 2006; Minutes of May 16, 2006; Agenda of May 16, 2006. (4) Quarry Audit Committee: Minutes of December 28,2005; Agenda for December 28, 2005. B. Minutes: (1) Bayshore Beautification M.S.T.U. Advisory Committee: Minutes of November 1, 2006 (cancelled due to lack of quorum); Agenda for December 6,2006; Minutes of November 1,2006 Conference; Agenda for January 3, 2006; Minutes of December 6, 2006. (a) Bayshore Beautification M.S.T.U. Advisory Committee/CRA: Minutes of December 6, 2006 for Joint Workshop. (2) Golden Gate Estates Land Trust Committee: Agenda for September 25, 2006; Minutes of September 25, 2006. H:\DATA\FRONT DESK - 2007\2007 Miscellaneous Correspondence\010907 _misc_corr.doc (3) Environmental Advisory Council: Agenda for December 6,2006; Minutes of November 1, 2006; Agenda for November 1, 2006; Agenda for January 11, 2007; Minutes for December 6, 2006. (4) Immokalee Master Plan & Visioning Committee/Community Redevelopment Aaency (CRA) Advisory Board/Enterprise Zone Development Aaency (EZDA): (a) Immokalee Local Redevelopment Advisory Board and Immokalee Master Plan and Visioning Committee: Agenda for October 18, 2006 Joint Meeting; Minutes of October 18, 2006 Joint Meeting; Minutes of November 15, 2006; Agenda for November 15, 2006. (b) Enterprise Zone Development Aaency (EZDA): Agenda for October 18, 2006; Minutes of October 18, 2006; Minutes of November 15, 2006; Agenda for November 15, 2006. (c) Immokalee Local Redevelopment Advisory Board/ Community Redevelopment Agency Advisory Board (CRA): Agenda for October 18, 2006; Minutes of October 18, 2006; Agenda for November 15, 2006; Minutes of November 15, 2006. (5) Golden Gate Community Center Advisory Committee: Agenda for November 6, 2006; Minutes of November 6, 2006; Agenda for December 4, 2006; Minutes of December 4, 2006. (6) Collier County Citizens Corps Advisory Committee: Minutes of November 15, 2006; Agenda for November 15, 2006. (7) Forest Lakes Roadway and Drainage M.S.T.U. Advisory Committee: Agenda for December 13, 2006; Minutes of November 8, 2006. (8) Lely Golf Estates Beautification M.S.T.U. Advisory Committee: Minutes of November 16, 2006; Agenda for December 21,2006. (9) Immokalee Beautification M.S.T.U. Advisory Committee: Minutes of November 15, 2006; Agenda for January 27,2007. H:\DATA\FRONT DESK - 2007\2007 Miscellaneous Correspondence\010907_misc_corr.doc (10) Conservation Collier Land Acquisition Advisory Committee: Agenda for December 11, 2006. (11) Golden Gate M.S.T.U. Advisory Committee: Agenda for December 12, 2006; Minutes of November 14, 2006; Agenda for January 9, 2006; Minutes of December 12, 2006. (12) Collier County Public Vehicle Advisory Committee: Agenda for December 4, 2006. (13) Collier County Plannina Commission: Agenda for December 7, 2006; Agenda for December 21 , 2006; Minutes of November 2, 2006; Agenda for January 4, 2007; Minutes of November 20, 2006 for a Joint Meeting with Collier County Productivity Committee. (14) Pelican Bay Services Division: Agenda for December 6,2006; Minutes of November 1, 2006; Agenda for January 4, 2007 Workshop; Agenda for January 3,2007 Regular Meeting; Minutes of December 6, 2006. (a) Clam Bay Committee: Agenda for December 6, 2006; Minutes of November 1, 2006; Minutes of December 6, 2006. (b) Budget Committee: Minutes of November 15, 2006. (15) Collier County Historic and Archaeological Preservation Board: Agenda for December 20, 2006; Minutes of November 15, 2006. (16) Isles of Capri Fire/Rescue Advisory Board: Minutes of December 7, 2006; Agenda for December 7, 2006. (17) Parks and Recreation Advisory Board: Minutes of November 15, 2006. (18) Collier County Productivity Committee: Agenda for September 20, 2006; Minutes of September 20, 2006; Agenda for October 18, 2006; Minutes of October 18, 2006; Minutes of October 11, 2006 for the Proportionate Fair Share Ordinance Review Meeting. H:\DATA\FRONT DESK - 2007\2007 Miscellaneous Correspondence\010907 _misc_corr.doc (19) Ochopee Fire Control District Advisory Board: Minutes of October 9,2006; Minutes of June 12,2006. (20) Conservation Collier Land Acquisition Advisory Committee: Minutes of November 13, 2006. (21) Collier County Library Advisory Board: Agenda for December 13, 2006; Minutes of October 18, 2006. (22) Collier County Waste and Wastewater Authority: Minutes of July 25, 2005; Minutes of January 23, 2006; Minutes of April 24, 2006; Minutes of August 28, 2006. (23) Radio Road Beautification M.S.T.U. Advisory Committee: Agenda for January 16, 2007; Minutes of November 21, 2006. (24) Vanderbilt Beach M.S.T.U. Advisory Committee: Agenda for January 4, 2006; Agenda for December 7, 2006; Minutes of December 7,2006. (25) Collier County Hispanic Affairs Advisory Board: Agenda for November 30, 2006; Minutes of October 26, 2006. C. Other: (1) Fowler. White. Boggs. Banker. P.A.: Letter from E. Zachary Rans of Fowler, White, Boggs, Banker, P.A., to Marjorie M. Student-Stirling, Assistant County Attorney regarding R&S Development Company, LLC (UR&S")/Sandalwood RPUD PUDZ-2004-AR-6932 ("Sandalwood Rezone"). (2) Public Safety Coordinating Council: Minutes of September 18, 2006. (a) Crises Intervention Team: Minutes of November 13, 2006; Minutes of October 3,2006. (b) Work Restitution Release Subcommittee: Minutes of November 7, 2006. H:\DATA\FRONT DESK - 2007\2007 Miscellaneous Correspondence\010907 misc corr.doc - - January 9, 2007 Item #16J1 DISBURSEMENTS FOR THE PERIOD OF DECEMBER 2, 2006 THROUGH DECEMBER 8, 2006 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARDS Item #16J2 CLOSE OUT GREY OAKS FIRE STATION NUMBER 20 CAPITAL PROJECT FUND AND REMIT UNSPENT EXCESS TO NORTH NAPLES AND EAST NAPLES FIRE DISTRICTS - $31,038.15 TO BE EQUALLY SPLIT BETWEEN THE TWO FIRE DISTRICTS Item #16J3 THE SUPERVISOR OF ELECTIONS TO ACCEPT VOTER POLL WORKER RECRUITMENT AND TRAINING FUND WITH A 15% MATCHING CONTRIBUTION - ACCORDING TO MEMORANDUM OF AGREEMENT Item #16J4 SUPERVISOR OF ELECTIONS TO ACCEPT VOTER EDUCATION FUNDS WITH A 15% MATCHING CONTRIBUTION - ACCORDING TO MEMORANDUM OF AGREEMENT Item #16J5 DISBURSEMENTS FOR THE PERIOD OF NOVEMBER 25, 2006 THROUGH DECEMBER 2, 2006 AND FOR SUBMISSION INTO Page 288 January 9, 2007 THE OFFICIAL RECORDS OF THE BOARD Item #16J6 DISBURSEMENTS FOR THE PERIOD OF DECEMBER 9, 2006 THROUGH DECEMBER 15,2006 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J7 DISBURSEMENTS FOR THE PERIOD OF DECEMBER 16,2006 THROUGH DECEMBER 22, 2006 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16Kl FINAL JUDGMENT AS TO PARCELS 140 AND 141 IN THE LAWSUIT STYLED COLLIER COUNTY V. REGENT PARK CLUSTER HOMES ASSOCIATION, ET AL., CASE NO. 04-3452-CA (IMMOKALEE ROAD PROJECT NO. 66042). (FISCAL IMPACT: $13J50) - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16K2 MEDIATED SETTLEMENT AGREEMENT AND A STIPULATED FINAL JUDGMENT TO BE DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT IN THE AMOUNT OF $125,000.00 FOR THE ACQUISITION OF PARCELS 720, 820A, 820B AND 920 IN THE LAWSUIT STYLED COLLIER COUNTY V. ELHANON COMBS, ET AL., CASE NO. 03-2352-CA (GOLDEN GATE PARKWAY PROJECT Page 289 January 9,2007 NO. 60027). (FISCAL IMPACT: $74,897.80) - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16K3 STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $39,000.00 FOR THE ACQUISITION OF PARCELS 136,836 AND 936 IN A LAWSUIT STYLED COLLIER COUNTY V. DA VID J. FREY, ET AL., CASE NO. 03-2353-CA (GOLDEN GATE PARKWAY PROJECT #60027). (FISCAL IMPACT: $29~ 157.00) Item #16K4 MEDIATED SETTLEMENT AGREEMENT AND STIPULATED FINAL JUDGMENT FOR PARCEL 139 IN THE LAWSUIT STYLED COLLIER COUNTY V. EDWARD STANLEY SANDITEN, ET AL., CASE NO. 02-5165-CA (IMMOKALEE ROAD PROJECT NO. 60018). (FISCAL IMPACT $77,732) - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16K5 AGREED ORDER AWARDING ATTORNEY'S FEES AND COSTS IN CONNECTION WITH PARCELS 128 AND 728 IN THE LAWSUIT STYLED COLLIER COUNTY V. TERRY L. LICHLITER, ET AL., CASE NO. 03-2273-CA (GOLDEN GATE PARKWAY PROJECT NO. 60027). FISCAL IMPACT: $1 ~946.80 Item #16K6 AGREED ORDER AWARDING SUPPLEMENT AL ATTORNEY FEES IN CONNECTION WITH PARCELS 117 AND 717 IN THE Page 290 January 9, 2007 LAWSUIT STYLED COLLIER COUNTY V. JACK E. GREEN, ET AL., CASE NO. 03-2227-CA (GOLDEN GATE PARKWAY PROJECT #60027) FISCAL IMPACT: $1,245.00 Item #16K7 STIPULATED FINAL JUDGMENT AS TO RESPONDENT, EXXON MOBIL OIL CORPORATION, FOR PARCEL NO. 133 IN THE LAWSUIT STYLED COLLIER COUNTY V. FIRST NATIONAL BANK OF NAPLES, ET AL., CASE NO. 04-3587-CA (IMMOKALEE ROAD PROJECT NO. 66042) FISCAL IMPACT: $2~300.00 Item #16K8 STIPULATED FINAL JUDGMENT AS TO RESPONDENT, EXXON MOBIL OIL CORPORATION, FOR PARCELS 131A 131B IN THE LAWSUIT STYLED COLLIER COUTY V. STONEBRIDGE COUNTRY CLUB COMMUNITY ASSOCIATION, INC., ET AL., CASE NO. 04-3588-CA (IMMOKALEE ROAD PROJECT NO. 66042) FISCAL IMPACT: $3~750.00 Item #16K9 MEDIATED SETTLEMENT AGREEMENT AND STIPULATED FINAL JUDGMENT FOR PARCEL 805 IN THE LAWSUIT STYLED COLLIER COUNTY V. JAMES M BROWN, ET AL., CASE NO. 06-0525-CA (SANTA BARBARA BOULEVARD PROJECT NO. 62081). (FISCAL IMPACT $130~580) Item #16KI0 Page 291 January 9, 2007 STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $158,675.00 FOR PARCEL 145 IN THE LAWSUIT STYLED COLLIER COUNTY V. REGENT PARK CLUSTER HOMES ASSOCIATION, ET AL., CASE NO. 04-3452-CA (IMMOKALEE ROAD PROJECT NO. 66042). FISCAL IMPACT: $36~347.75 Item #16Kll STIPULATED FINAL JUDGMENT FOR PARCELS 718A & 718B IN THE LAWSUIT STYLED COLLIER COUNTY V. BEREAN BAPTIST CHURCH OF NAPLES, INC., ET AL., CASE NO. 06- 1254-CA (COUNTY BARN ROAD PROJECT NO. 60101). (FISCAL IMPACT $1,396.50) Item #16K12 SETTLEMENT AGREEMENT AND RELEASE WITH SCHENKEL & SHULTZ, INC., RELATING TO THE PROJECT KNOWN AS THE DESIGN AND EXPANSION OF THE SOUTH COUNTY REGIONAL WATER RECLAMATION FACILITY SECOND FLOOR PROCESS CONTROL BUILDING, CONTRACT NO. 01-3235 AND WORK ORDER/PROJECT #725091, AS AMENDED, AND AUTHORIZED THE CHAIRMAN TO EXECUTE ANY NECESSARY SETTLEMENT DOCUMENTS FOLLOWING FINAL REVIEW BY THE COUNTY ATTORNEY - AS DETAILED IN THE EXECUTIVE SUMMARY Item # 1 7 A THE BOARD OF COUNTY COMMISSIONERS TO SET A PUBLIC HEARING DATE OF APRIL 24,2007 FOR CONSIDERATION OF A DEVELOPMENT OF REGIONAL Page 292 January 9, 2007 IMP ACT DEVELOPMENT ORDER AMENDMENT FOR PETITION DOA-2005-AR-7136, GREY OAKS DR! LOCATED IN THE NORTHEAST, SOUTHEAST, AND NORTHWEST QUADRANTS OF AIRPORT-PULLING ROAD AND GOLDEN GATE PARKWAY, IN SECTIONS 24, 25 AND 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (COMPANION TO PUDA-2005-AR-I0157) Item #17B - MOVED TO 8B Item #17C THIS ITEM WAS CONTINUED FROM THE DECEMBER 12, 2006 MEETING AND IS FURTHER CONTINUED TO THE JANUARY 23, 2007 BCC MEETING. PETITION A VESMT -2006- AR-9775, HANSON TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE SOUTH 30 FEET OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA Item #17D THIS ITEM WAS CONTINUED FROM THE DECEMBER 12, 2006 BCC MEETING, THE JANUARY 9, 2007 BCC MEETING AND HAS BEEN CONTINUED INDEFINITELY. PETITION A VROW-2006-AR-9477, GOLDEN GATE ESTATES UNIT 95 TO DISCLAM, RENOUNCE AND VACATE THE COUNTY'S AND PUBLIC'S INTREST IN A 60 FOOT WIDE RIGHT OF WAY EASEMENT KNOWN AS 7TH AVENUE NW (CHERRYWOOD DRIVE) OVER PORTIONS OF TRACTS 15 &16, GOLDEN GATE Page 293 January 9, 2007 ESTATES UNIT 95, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 9, PAGE 45, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT A, AND TO ACCEPT A 20 FOOT WIDE ALTERNATE DRAINAGE EASEMENT AND TWO 10 FOOT BY 10 FOOT ALTERNATE DRAINAGE EASEMENTS OVER PORTIONS OF TRACT 15, AS MORE SPECIFICALLY DESCRIBED IN THE ATTACHED EXHIBITS. Item #17E ORDINANCE 2007-01: AMENDING COLLIER COUNTY ORDINANCE NO. 99-85, AS AMENDED, THE SENIORS HOMESTEAD EXEMPTION ORDINANCE, TO INCREASE THE ADDITIONAL HOMESTEAD EXEMPTION FOR QUALIFYING PERSONS AGE 65 AND OLDER FROM $25,000 TO $50,000 PURSUANT TO THE FLORIDA CONSTITUTIONAL AMENDMENT APPROVED BY REFERENDUM ON NOVEMBER 7,2006 Page 294 January 9, 2007 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 7:05 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~ JIM CO ETTA, Chairman ATTEST!,:r: . \. . . .... . -" -. ~ DWIGHT,E. -BROCK, CLERK ~,- , ., i .-:,.. .........i......~... '. '-.' " . .....~ - "---- . .... ~ .' ~ ' .; '. '.. .,'. (.4. ',,' -5 ..J~;,. " j ~ ':~" .\I!"Ia't'. ..~. ".'~' {".r ;. ,'...' (....... ','. o ." , ' . -.,' """f '.. "". '~""] -'. ~ . . . 'llJl;.if"',~~ . if.' !: t,,~ ,: . These minutes approved by the Board on ...,2/13/C 7 , as presented / or as corrected ' , TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. Page 295