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BCC Minutes 02/13/2007 R February 13, 2007 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, February 13, 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: Jim Coletta Fred W. Coyle Donna Fiala Frank Halas Tom Henning ALSO PRESENT: Jim Mudd, County Manager David Weigel, County Attorney Crystal Kinzel, Office of the Clerk of Court Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS fI~^.~ >- -^~ ., '-'.. \ · -1_ ..,-^....~,.."'~ AGENDA February 13, 2007 9:00 AM Jim Coletta, Chairman, District 5 Tom Henning, Vice- Chairman, District 3 Donna Fiala, Commissioner, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2004-05, AS AMENDED REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD Page 1 February 13, 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. Senior Minister Debra C. Williams, Unity of Naples Church 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 21, 2006 - Value Adjustment Board Special Magistrate C. January 9,2007 - BCC/Regular Meeting D. January 16,2007 - BCC/Tourist Development Council Workshop E. January 18,2007 - District 3 Town Hall Meeting F. January 23,2007 - BCC/Regular Meeting G. January 24,2007 - BCC/Regular Meeting-Continuation of January 23,2007 BCC Meeting Page 2 February 13, 2007 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards 5-vear recipient 1) Carol Wright - Vanderbilt Beach Beautification MSTU Advisory Committee 10-vear recipient 2) Kent Orner - Ochopee Fire Control District Advisory Committee 20-vear recipient 3) George Ponte - Collier County Code Enforcement Board 4. PROCLAMATIONS A. Proclamation designating the month of February as Scouting Anniversary Month, to encourage citizens of Collier County to express their appreciation to the Southwest Florida Council and the Boy Scouts of America for their interest in and dedication to Americas youth. Proclamation to be accepted by Mel Moore, Senior District Executive, Boy Scouts of America; Barbara Coen, District Vice Chairman, Boy Scouts of America; and William H. Poteet, Jr., Alligator District Chairman, Boy Scouts of America. B. Proclamation designating March 10,2007 through March 17,2007 as Save the Florida Panther Week to encourage citizens of Collier County to join in the celebration of the Florida Panther. To be accepted by Tom Murray, President, Friends of the Florida Panther Refuge. C. Proclamation designating January, February and March 2007 as Naples Patriotic Moment Months. Proclamation will be accepted by Sharon Kurgis, Merrill Lynch, and Phil Lewis, Naples Daily News. 5. PRESENTATIONS A. The Collier County Emergency Medical Services Department adopted the Phoenix Award to recognize local first responders, who through their skills Page 3 February 13, 2007 and knowledge, have successfully brought back to life individuals who have died. The Phoenix is a mythological bird that died and rose renewed from its ashes. B. Recommendation to recognize Christopher Atchley, Craftsman, Facilities Management, as Employee of the Month for January, 2007. C. Recommendation to recognize Mike Ossorio, Contract Licensing Officer, Community Development and Environmental Services, as Employee of the Year for 2006. D. Presentation to the Board of County Commissioners for the Waste Reduction A wards Program (WRAP) to recognize businesses and institutions for enhanced and innovative recycling programs. E. This item to be heard at 10:00 a.m. Recommendation to hear a presentation from the U. S. Fish and Wildlife Service regarding the use of the Panther Consultation Area in reviewing land development activities in Collier County. F. Project presentation; Immokalee Road Expansion from U.S. 41 to 1-75 Ramps. A 3.5 mile project presented by John Carlo, Inc. 6. PUBLIC PETITIONS Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. SV-2006-AR-9962: Wal-Mart Stores East L.P., represented by Boice-Raidl-Rhea Architects, requesting variances to Section 5.06.04.C.a. to allow 13 additional wall signs in the Wal-Mart Super-center. The subject property is located at 5420 Cormorant Avenue, in Section 30, Township 48 South, Range 26 East, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS Page 4 February 13, 2007 A. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDZ-2004-AR-68 10: Livingston Greens, LLC, represented by George L. Varnadoe of Cheffy, Passidomo, Wilson & Johnson, LLP, requesting approval of a rezone from the Agriculture (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district for a project to be known as Hamilton Greens RPUD. The subject property, consisting of 29.68 acres, is located on the east side of Livingston Road, approximately 3/4 of a mile north of Vanderbilt Beach Road, in Section 31, Township 48 South, Range 26 East, Collier County, Florida. B. This item was continued from the Januarv 23~ 2007 BCC meetine;. This item is a companion to Items lOA and lOB which will be heard at 1:05 p.m. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Petition PUDZ-A-2004- AR-64l7 Ronald Benderson et ai, Trustee, represented by Robert L. Duane, AICP, of Hole Montes, Inc., requesting to rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) known as the 1-75/Alligator Alley Commercial PUD. The proposed PUD amendment requests the following: to reduce the size of the Preserve/Water Management Area from 15 acres currently required by the PUD to 10.58 acres; to delete residential uses as a permitted use; to provide a new list of commercial uses comparable to those allowed in the C-l through C-4 Commercial Districts, with SIC codes; modify the PUD Master Plan to depict the footprints of existing land uses and conceptual footprints for undeveloped tracts; to modify the circulation system; to establish a maximum square footage of265,000 square feet of retail and office area; to relocate the existing western entrance 50 feet to the east; and to delete the 50 foot perimeter setback. The property consisting of 40.8 acres is located on the north side of Davis Boulevard in proximity to the intersection of Collier Boulevard (CR - 951) and 1- 75. The subj ect property is located in Section 34, Township 49 South, Range 26 East, Collier County, Florida. (Companion Item with Developers Contribution Agreements) C. Repeal of Collier County Ordinance 2002-49, as amended by Ordinance 2005-32, titled: an ordinance readopting the Collier County Fire Prevention and Protection Code by amending the Code of Laws and Ordinances of Collier County, Florida, amending Chapter 58, Fire Prevention and Protection, Article II, Fire Safety Standards for the unincorporated area of Collier County, by replacing Section 58-26, pertaining to adopted standards Page 5 February 13, 2007 and codes of the National Fire Code published by the National Fire Protection Association (NFPA), replacing Section 58-27 pertaining to amendments to adopted fire codes, specifically NFP AI, 2002 Edition replacing Section 58-28, pertaining to amendments to the adopted Life Safety Code, specifically NFP A 10 I, 2002 Edition. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Affordable Housing Commission. B. Appointment of member to the Radio Road Beautification Advisory Committee. C. Appointment of member to the Lake Trafford Restoration Task Force. D. A Resolution of the Board of County Commissioners of Collier County, Florida, establishing support for the State Legislators' efforts regarding state insurance reform. (Commissioner Coyle) 10. COUNTY MANAGER'S REPORT A. This item to be heard at 1 :05 p.m. This item was continued from the Januarv 23~ 2007 BCC Meetine;. Recommendation to approve a Developers Contribution Agreement (DCA) between Benderson, Westport and Davis Crossing (The Developers) and Collier County to obtain right-of- way, easements drainage commitments and advanced funding for the future expansion of Davis Boulevard. (Norman Feder, Administrator, Transportation Services) (Companion item to 8B and lOB) B. This item to be heard at 1 :05 p.m. This item was continued from the January 23~ 2007 BCC Meetine;. Recommendation to approve a Developers Contribution Agreement (DCA) between Waterways Joint Venture VII (The Developer) and Collier County to obtain property for roadway water management, drainage and access easements for the future expansion of Davis Boulevard. (Norman Feder, Administrator, Transportation Services) (Companion item to 8B and lOA) C. Recommendation to accept Fiscal Year 2006 Grant Report providing an annual update of grant activity. (Len Price, Administrator, Administrative Page 6 February 13, 2007 Services) D. Report to the Board of County Commissioners from the Collier County Health and Code Enforcement Departments regarding the continued initiatives to eliminate unsafe and unsound housing in the Immokalee Community.(Joseph K. Schmitt, Administrator, Community Development and Environmental Services) E. This item to be heard at 11:00 a.m. Recommendation to approve Collier County's Fiscal Year 2008 Federal Legislative Agenda. (Debbie Wight, Assistant to the County Manager) F. Staff Report for the Northeast Regional Utility Facility Community Advisory Panel request for consideration of an alternative buffer consideration, Project No 70902 and 73156. (Jim DeLony, Administrator, Public Utilities) G. Recommendation to approve budget amendments for $38,198,334.09 to transfer projects from various Water and Wastewater capital projects funds to a 2006 Revenue Bond Proceeds Fund. (Jim DeLony, Administrator, Public Utilities) H. This item to be heard at 11 :45 a.m. Recommendation to approve spending up to $35,000 for appraisals, pre-contract expenses, to authorize a non- binding Letter of Intent, commence negotiations for the purchase of Gawn Fishin, LLC property located in Everglades City and approve the attached Budget Amendment. (Marla Ramsey, Administrator, Public Services) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. TIME CERTAIN: 12:00 Noon. The Board in executive session will discuss settlement and strategy relating to litigation expenses in the pending litigation case of Dwight E. Brock, Clerk of Courts v. Collier County, Florida, Board of County Commissioners of Collier County, Florida, as Ex- Officio Governing Board of The Ochopee Area Fire Control & Emergency Medical Care Special Taxing District, A/K/ A The Ochopee Fire District; Linda T. Swisher and Paul W. Wilson, Case No. 04-94l-CA consolidated with Board of County Commissioners of Collier County, Florida vs. Dwight Page 7 February 13, 2007 E. Brock, Clerk of the Circuit Court of Collier County, Florida Case Number 05-953-CA consolidated with Case No. 05-l506-CA. B. This item to be heard at 1 :00 p.m. Board direction to the County Attorney relating to litigation in in Dwight E. Brock, Clerk of Courts v. Collier County, Florida, Board of County Commissioners of Collier County, Florida, as Ex-Officio Governing Board of The Ochopee Area Fire Control & Emergency Medical Care Special Taxing District, A/K/ A The Ochopee Fire District; Linda T. Swisher and Paul W. Wilson Case No. 04-941-CA, consolidated with Board of County Commissioners of Collier County, Florida vs. Dwight E. Brock, Clerk of the Circuit Court of Collier County, Florida Case Number 05-953-CA consolidated with Case No. 05-l506-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve an Interim Management Plan for the Brochu property under the Conservation Collier Land Acquisition Program. 2) 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 grant final approval of the roadway (private) and drainage improvements for the final plat of Verona walk Phase lB. The roadway and drainage Page 8 February 13, 2007 improvements will be privately maintained. 3) Recommendation to approve an application by Naples Urgent Care, P. L. for participation in the Advanced Broadband Infrastructure Investment Program 4) 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 Chatham Woods, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 5) 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 Caldecott Replat. 6) To seek approval from the Board of County Commissioners of the Building Directors issuance of building permits for the replacement of previously existing pool screen enclosures damaged by Hurricane Wilma, with the understanding the respective applicants recognize and agree to filing the required requests for dimensional variances associated with the respective side yard and/or rear yard encroachmen ts 7) Recommendation to approve a budget amendment to transfer funds from Fund 339 Reserves (Road Impact Fee District 5 - Immokalee) to Fund 339 Reimbursements (prior year) in the amount of $100,000. 8) Recommendation of the Immokalee Redevelopment Area Advisory Board and Immokalee Enterprise Zone Development Agency to the Board of County Commissioners to elect a chairman and vice chairman for the Immokalee Redevelopment Area Advisory Board and the Enterprise Zone Development Agency for 2007 (a companion item to item 16Gl)(Joseph K. Schmitt, Administrator, Community Development and Environmental Services) Page 9 February 13, 2007 9) Recommendation to approve final acceptance of the water and sewer utility facilities for Veronawalk, Phase lB. B. TRANSPORTATION SERVICES 1) Approve the purchase of 2.52 acres of unimproved property (Parcel No. 216) which is required for the construction of a stormwater retention and treatment pond for the Oil Well Road widening project. Project No. 60044 (Fiscal Impact: $278,910.00) 2) Recommendation to award a construction contract to Bonness, Inc. for Livingston Road (C.R. 881) Intersection Improvements at Pine Ridge Road, Bid No. 07-4096, Project No. 60016, in the amount of $420,587.37. 3) Recommendation to approve a South Florida Water Management District Local Governmental Grant Agreement No. 4600000608 in the amount of $250,000 for partial funding of the 2007 Australian Pine Tree Removal Program. 4) Recommendation to award Bid #07-4086 Supply & Install Traffic Signs and Markings to Trutwin Industries, Inc. for the approximate amount of $90,500. 5) Recommendation to approve Change Order #5 to add $298,485.00 for continuing Inspection Services for KCCS, Inc. under ITQ 04-3583 CEI Services for Collier County Road Projects for Project No. 60006 Grade Separated Overpass Road Project on Golden Gate Parkway and over Airport-Pulling Road. 6) Recommendation to approve the use of the rate of $3,850 per 1,000 square feet based on an alternative road impact fee calculation for a proposed American Signature Furniture store to be located at the Triangle Parcel north of the intersection of U.S. 41 Tamiami Trail North and Old U.S. 41 C. PUBLIC UTILITIES 1) Recommendation to approve an agreement with FEBCO Inc a Division of Watts Water Technologies Inc. that allows FEBCO to Page 10 February 13, 2007 seek certification of their Backflow Prevention Devices (BPDs) otherwise known as Reduced Pressure Detector Assemblies (RPDAs), which were installed during the inception of the fire and irrigation water system improvements in Pelican Bay. Project Number 74023. 2) Recommendation to award Contract #06-4056 Disaster Recovery Services to James Lee Witt Associates, a part of Global Options Group, Inc., for consulting services required by the Collier County Board of County Commissioners as a result of a declared disaster in Collier County and authorize the Chairman to execute the contract. 3) Recommendation to execute an agreement between the Collier County Water-Sewer District, the Florida Governmental Utility Authority, and the Sembler Family Partnership Ltd., allowing the Florida Governmental Utility Authority to provide temporary wastewater service to the proposed Brooks Village commercial development. 4) Recommendation to accept four South Florida Water Management District Alternative Water Supply Grants in the total amount of $3,009,200 for the partial funding for the construction of improvements to the County's public water supply system. 5) Recommendation to authorize sole source purchase and certified installation of replacement parts for the Oxidation Ditched and Clarifiers to Siemens Water Technologies, in the estimated annual amount of $500,000. 6) Recommendation to approve, and authorize the Chairman of the Board of County Commissioners to sign, letters to the City of Naples, the City of Marco Island and the City of Everglades City requesting them to adopt the mandatory Non-Residential Recycling Ordinance No. 2004-50 or similar ordinance. 7) Approve a budget amendment to recognize funds provided by South Florida Water Management District Grants in the amount of $ 425,847.00 and approve the necessary budget amendment for the Reclaimed Water Aquifer Storage and Recovery Project 74030. D. PUBLIC SERVICES Page 11 February 13, 2007 1) Recommendation to rescind approval of the Interlocal Agreement for Fund Sharing of the Pulling Property Project as approved by the Board of County Commissioners on June 14, 2005 and to approve a new agreement with the City of Naples for the Pulling property boat ramp facility in an amount not to exceed $700,000. 2) Recommendation that the Board of County Commissioners approve a request from I HOPE, Inc. of Collier County to fund the $10,000 payment of permitting fees related to the installation of thirty (30) FEMA trailers in the Immokalee area. 3) Recommendation to approve the purchase to retrofit sports field lighting from Musco Lighting for Eagle Lakes Community Park in the amount of $261,543 and approve necessary budget amendments 4) Recommend approval of a resolution of the Board of County Commissioners of Collier County, Florida, reestablishing the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy, and Superseding Resolution 2006-296 and all other Resolutions establishing license and fee policy 5) Recommendation to grant a loan to the Collier County Housing Development Corporation (CCHDC) of $200,000 for the construction of an affordable housing unit in Copeland using State Housing Initiative Partnership (SHIP) funds. 6) Recomn1endation to name the skate park at East Naples Community Park Velocity Skate Park. 7) Recommend approval of resolution of the Board of County Commissioners of Collier County, Florida, establishing and implementing revised beach parking fees and rules in compliance with an agreement with Florida Department of Environmental Protection; repealing Resolution No. 2002-430. 8) Recommendation to approve a budget amendment appropriating $40,000 from Reserves to fund the Remedial Action Plan Assessment in response to the fuel spill at Caxambas Park. Page 12 February 13, 2007 9) Recommendation that the Board of County Commissioners authorize the use of $144,305 from the Housing and Human Services Department to be used as a part of a local match requirement to obtain State and Federal funding to continue operation of the Horizons Primary Care Clinic in the Golden Gate area. 10) Recommendation to Award bid number 07-4084 for Pool Chemicals and Supplies to various vendors. These chemicals and supplies will be used in County Park and Recreation Department aquatic facilities. 11) Recommendation to approve application and Memorandum of Understanding for a Safe Havens: Supervised Visitation and Safe Exchange Grant in the amount of $200,000 from the United States Department of Justice and, if awarded, to serve as the Fiscal Agent and to authorize staff to negotiate a subrecipient agreement with Child Advocacy Council (d.b.a. Child Protection Team) 12) Recommendation to authorize the Chairman to sign the amendment between Collier County Board of County Commissioners and the Area Agency on Aging of Southwest Florida and approve budget amendments to reflect an overall decrease of $21,000 in the Older Americans Act programs. E. ADMINISTRATIVE SERVICES 1) Recommendation to approve a Resolution authorizing the Commission Chairman to execute Deed Certificates for the sale of burial plots at Lake Trafford Memorial Gardens Cemetery during the 2007 calendar year. 2) Recommendation to approve the addition of the classification Director Operations Support PUD to the 2007 Fiscal Year Pay Plan & the removal of the classification Director Utilities Finance Operations from the 2007 Fiscal Year Pay Plan. 3) Recommendation to approve amendments to the County's current agreement with ICMA-Retirement Corporation (ICMA-RC) that provides a deferred compensation plan to County employees. Page 13 February 13, 2007 4) Recommendation to approve a Fourth Amendment to Lease Agreement with Arnold Properties, Inc., for the continued use of garage/warehouse space by the Sheriffs Office at a total cost of $29,192.40. 5) Recommendation to approve a Lease Agreement with Domenico and Maria LaGrasta for temporary warehouse/ office space to be used by the Sheriffs Office at a first years cost of $84,000. 6) Recommendation to approve Boyd Brothers Service,Inc. as the sole source provider for the installation, repair and replacement of Automated Logic Systems and Controls. 7) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. F. COUNTY MANAGER 1) Approve Budget Amendments 2) Recommendation to approve the submittal of the attached Emergency Management, Preparedness and Assistance (EMP A) Trust Fund Project Application to the Florida Department of Community Affairs in the amount of $68,440. 3) Recommendation to approve the submittal of a Florida Emergency Medical Services Matching Grant Application and Grant Distribution Form for the Stair Chair Program in the amount of $69,850.24. 4) Approve a budget amendment in the amount of $40,000 for the purchase of equipment and supplies required for the production of sandbags which will be utilized by Emergency Management and the Road and Bridge Department during flood events. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation of the Immokalee Redevelopment Area Advisory Board and Immokalee Enterprise Zone Development Agency to the Board of County Commissioners sitting as the Collier County Page 14 February 13, 2007 Redevelopment Agency to elect a chairman and vice chairman for the Immokalee Redevelopment Area Advisory Board and the Enterprise Zone Development Agency for 2007 (a companion item to item 16A8). 2) To approve and execute Site Improvement Grant Agreement between the Collier County Community Redevelopment Agency and a grant applicant within the Bayshore Gateway Triangle Community Redevelopment area. 3) Recommendation that the Community Redevelopment Agency (CRA) approve CRA staff attendance at 2007 Redevelopment Conference, ICSC North Florida Seminar and 17th Annual Growth Management Summit; authorize payment of attendees registration, lodging, travel and per diem from the Bayshore Gateway Triangle Trust Fund (Fund 187) travel budget; and declare the training received as serving a valid public purpose. 4) Approve a budget amendment for $91,400 to increase budgeted revenues and budgeted expenses for the sale and purchase of aviation fuel at Immokalee Regional Airport. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the Gulf Citrus Country Gala on Saturday, March 24, 2007 at the LaBelle Civic Center in LaBelle, Florida. $60.00 to be paid from Commissioner Halas' travel budget. 2) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Economic Development Council VIP Breakfast Meeting on Thursday, February 8, 2007, at the Doubletree Guest Suites, 12200 Tamiami Trail in Naples, Florida. $16.00 to be paid from Commissioner Halas' travel budget. 3) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the Naples Press Club Annual Special Author Luncheon on Saturday, Page 15 February 13, 2007 February 24, 2007 at the Cypress Woods Golf and Country Club; $35.00 to be paid from Commissioner Fiala's travel budget. 4) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the 2007 Women of Style 10th Annual Awards on Thursday, March 1, 2007 at the Naples Grand Resort; $100.00 to be paid from Commissioner Fiala's travel budget. 5) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the Marco Island Historical Society Spring Appraisal Faire Gala Live and Silent Auction on Saturday, March 3,2007 at the Hammock Bay Golf and Country Club, Naples; $75.00 to be paid from Commissioner Fiala's travel budget. 6) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Physicians Regional Medical Center Good News Gala on Saturday, January 27, 2007 at the Physicians Regional Medical Center, Naples; $35.00 to be paid from Commissioner Fiala's travel budget. 7) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the Marine Corps League Honor the Free Press Luncheon on Wednesday, March 14,2007 at the Hilton Hotel, Naples; $25.00 to be paid from Commissioner Fiala's travel budget. 8) Commissioner Coletta requests approval for reimbursement for prepaying for a function serving a valid public purpose. Commissioner paid in advance to register to attend the Urban Land Institute (ULI) Southwest Florida District Council Meeting -Winter Institute on February 22, 2007 and is requesting reimbursement in the amount of $75.00, to be paid from his travel budget. 9) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Everglades City Hall Restoration Celebration as a Keynote Speaker on January 27,2007 and is requesting reimbursement in the amount of $20.00, to be paid from Page 16 February 13, 2007 his travel budget. 10) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend Southwest Florida Transportation Initiative Pre-Session Legislation Event on January 29,2007 and is requesting reimbursement in the amount of $35.00, to be paid from his travel budget. 11) Commissioner Coletta requests approval for reimbursement for prepaying to attend a function serving a valid public purpose. Commissioner paid in advance to attend the Naples Chamber of Commerce Board Meeting on January 25,2007 and is requesting reimbursement in the amount of $3.00, to be paid from his travel budget. 12) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the the Heritage Bay Affordable Housing Ground Breaking Ceremony and Luncheon on January 19,2007 and is requesting reimbursement in the amount of $16.00, to be paid from his travel budget. 13) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Breakfast meeting of the Boy Scouts of America - Alligator (Collier County) District Committee and is requesting reimbursement in the amount of$7.95, to be paid from his travel budget. 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 January 06,2007 through January 12,2007 and for submission into the official records of the board. Page 17 February 13, 2007 2) To obtain board approval for disbursements for the period of January 13,2007 through January 19,2007 and for submission into the official records of the board. 3) To obtain board approval for disbursements for the period of January 20, 2007 through January 26, 2007 and for submission into the official records of the board. 4) To obtain board approval for disbursements for the period of January 27,2007 through February 02,2007 and for submission into the official records of the board. K. COUNTY ATTORNEY 1) Recommendation that the Board of County Commissioners approve a budget amendment in the amount of $150,000 for Outside Counsel fees and $40,000 for Other Contractual Services (used for experts and consultants). 2) Recommendation to approve settlement at mediation and prior to trial in the lawsuit entitled John S. Segro, James W. Antoniou and James A. Antoniou, Jr., a minor v. P&K Pole Products, et aI., filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 02-2096-CA, for a total amount of$125,000.00. 3) Recommendation to Approve an Agreed Order for Payment of Expert Fees in Connection with Parcel 140 in the Lawsuit Styled Collier County v. Rosa A. Hernandez, et aI., Case No. 05-1033-CA (CR 951, Project No. 65061) Fiscal Impact: $56,000.00. 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 18 February 13, 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. Recommendation to Approve an Ordinance Amending Collier County Ordinance No. 93-56, as amended, the Animal Control Ordinance; Amending Section One, Definitions; Amending Section Four to Provide a Fee for Micro-Chipping; Amending Section Five to Revise Fees by Resolution and to Establish Procedures for Micro-Chipping; Amending Section Six, Prohibitions; Adding a New Section Nineteen Entitled Dangerous Dogs; Providing for Conflict and Severability; Providing for Inclusion in the Code of Laws and Ordinances; and Providing for an Effective Date B. Recommendation to adopt a County Ordinance governing the threshold amount of land or easement purchases requiring one or two real estate appraisals (Estimated fiscal impact: not to exceed $300.00) C. Recommendation to approve Petition A VESMT-2006-AR-10036, Aqua, Pelican Isle Yacht Club to disclaim, renounce and vacate the Countys and the Publics interest in a certain irregular width Utility Easement located in the southeast of the southeast of the northeast in Section 17, Township 48 South, Range 26 East, Collier County, Florida, and being further described in Exhibit A. D. Recommendation to adopt a Resolution designating 789.4 acres in the Rural Lands Stewardship Area Overlay District (RLSA) as (BCI/BCP SSA 9), approving a credit agreement for BCI/BCP SSA 9, approving an easement agreement for BCI/BCP SSA 9, and establishing the number of Stewardship Credits generated by the designation of said Stewardship Sending Area in response to an application by Barron Collier Investments, Ltd. and Barron Collier Partnership. E. Recommendation that the Board of County Commissioners approve an amendment to Collier County Ordinance No. 03-53, as amended (also known as the Collier County Ethics Ordinance), amending Section Seven to require lobbyists to register quarterly and update the names of those entities by whom they have been employed to lobby and also requiring disclosure of the name or identity of those employing a lobbyist whenever a lobbyist Page 19 February 13, 2007 engages in lobbying activities. F. Recommendation to approve the Hispanic Affairs Advisory Board's 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 HAAB's goals and objectives, and providing an effective date. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 20 February 13, 2007 February 13, 2007 MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, Commissioners, you have a hot mike. CHAIRMAN COLETTA: Yes. Good morning. Welcome one and all. We'll start the meeting off like we start all our meetings, with the invocation by Senior Minister Debra Williams, the Unity Naples Church. Please stand. MS. WILLIAMS: Divine Creator, we call forth your blessings on this place and this gathering. Let all who speak here speak with love and clarity. Let all who listen do so with an open mind and heart. Let all deliberations be guided by your wisdom. Let all here today be mindful of your call to be compassionate in action. Thank you, God, for your infinite grace and for your many blessings of peace, comfort, abundance and well-being that fall afresh on every member of our community, and so it is. Amen. CHAIRMAN COLETTA: Amen. Commissioner Coyle, would you lead us in the Pledge. (The Pledge of Allegiance was recited in unison.) Item #2A REGULAR CONSENT AND SUMMARY AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES CHAIRMAN COLETTA: Mr. Mudd? MR. MUDD: Commissioners, agenda changes, Board of County Commissioners' meeting, February 13,2007. First item I'd like to make sure that everybody has correct, and it's not on your list -- and I was just made -- it was just brought to my attention. George Ponte is a 10-year recipient, not a 20-year recipient, okay. So we'll try to make that correction. And Sue, if you don't have a 10-year pin up there, we need to get one. Item 9C, the committee recommendations should be Bishof Page 2 February 13, 2007 rather than Bishop, and that error was caught by Commissioner Fiala. Thank you. Next item is to withdraw item 12A, that the board, in executive session, will discuss the settlement strategy relating to litigation expenses in the pending litigation case of Dwight E. Brock, Clerk of Courts, versus Collier County, Florida, Board of County Commissioners of Collier County, Florida, as ex-officio governing board of the Ochopee Area Fire Control & Emergency Medical Care Special Taxing District, a/kia, the Ochopee Fire District; Linda T. Swisher and Paul W. Wilson, case number 04-941-CA. That item will still have -- in the sunshine, so 12B is still on the agenda, but the closed session in the shade has been withdrawn. Next item is to continue item 16A2 to February 27, 2007 BCC meeting. It's a recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Veronawalk phase lB. The roadway and drainage improvements will be privately maintained. That item is being asked to continue at staffs request. The next item is to move item 16C1 to 10J. It's a recommendation to approve an agreement for FEBCO, Inc., a division of Watts Water Technologies, Inc., that allows FEBCO to seek certification of their backflow prevention devices, BPDs, otherwise known as reduced pressures detection assemblies, RPDAs, which were installed during the inception of the fire and irrigation water system improvements in Pelican Bay. Project number 74023. That item is being moved at Commissioner Coyle's request. COMMISSIONER COYLE: County Manager, can I add something to that? This morning Mr. DeLony came into my office to assure me that the successor agreement has been negotiated and will be signed with respect to that company, and that will remove my concern. If I could just have that read into the record, I would be real happy to have that stay on the consent agenda. MR. PETTIT: Commissioner Coyle? Page 3 February 13, 2007 COMMISSIONER COYLE: Yes. MR. PETTIT: I have the language that they have agreed to. Would you like me to read that language into the record? COMMISSIONER COYLE: Please, yes. MR. PETTIT: FEBCO has agreed to add the following language to the agreement. And once we have that, we would simply, if it stays on the consent and is approved, we'll bring it back and have it signed in the ordinary course. This is the language. Neither party may assign this agreement without the prior written consent of the other party except that either party may, without the consent of the other, assign the agreement to a controlled subsidiary of that party or a purchaser of all or substantially all of the party's assets used in connection with performing this agreement. And I -- this, Commissioner Coyle, is I think what you're looking for -- provided the assigning party guarantees the performance of and causes the assignee to assume in writing all obligations of the assignor under this agreement. The rights and obligations of this agreement shall bind and benefit any successors or assigns of the parties. And we believe this should close that loop that you had concern about. COMMISSIONER COYLE: Thank you very much. Just so the other commissioners understand why I raised the issue. The company has been purchased several times and that has delayed the patent and final approval of the most recent -- or this device that we are procunng. MR. MUDD: Certification. COMMISSIONER COYLE: Certified. And if that's the case, we want to make sure that if they're acquired again, that acquiring organization will assume the responsibilities for performance under this contract. Thank you very much. MR. MUDD: Commissioner, you want it to stay on the consent Page 4 February 13,2007 agenda? COMMISSIONER COYLE: Yes, correct. MR. MUDD: Okay. The next item is to move item 16D2 to 101. It's a recommendation that the Board of County Commissioners approve a request from I HOPE, Inc., of Collier County, to fund the $10,000 payment of permitting fees related to the installation of 30 FEMA trailers in the Immokalee area. That item is asked to be moved at Commissioner Fiala's request. Next item is to withdraw item 16D5. It's a recommendation to grant a loan to the Collier County Housing Development Corporation C, which is CCHDC, is their acronym, of $200,000 for the construction of an affordable housing unit in Copeland using State Housing Initiative Partnership (SHIP) funds. That item is being withdrawn at staffs request. Next item is item 16D7. Under considerations, first bullet item, text has been deleted and will now read as follows: Annual beach parking permits would be obtained by residents in a similar fashion to the current program and procedure. Residency will be the only requirement to obtain a beach parking permit. Permits will be required on an annual basis. Beach parking permits for residents will appear to be free. And then there's a section that's deleted, and you can see that on your change sheet. And the new word -- and the new verbiage is, the parks and recreation department's class database will be used to track various statistics regarding parking permit issuance. Among these statistics will be resident versus non-resident. The resultant data can then be used in developing cost and revenue allocation. Parking will be available to all Collier County beach parking facilities without charge with a permit. And that clarification's at staffs request. And I believe, Crystal, that's also been coordinated with the clerk's office. Next item is to withdraw item 16H 1, which is, Commissioneri Page 5 February 13,2007 Halas requests the board approval for reimbursement regarding attendance at a function serving a valid public purpose, and he was planning on attending the Gulf Citrus County Gala on Saturday, March 24th, but he has had a change in calendar and cannot attend, so he's asking that item be withdrawn. The next item is a withdraw, item 16H5. Commissioner Fiala requests board approval for reimbursement for attending a function also serving a valid public purpose. Will attend the Marco Island Historical Society Spring Appraisal Fair Gala Live and Silent Auction on Saturday, March 3rd. She has also had a change of calendar and cannot attend; therefore, she's asking this item to be withdrawn. Next item is to move item 17B to 8D. It's a recommendation to adopt a county ordinance governing the threshold amount of land or easement purchases requiring one or two real estate appraisals. Estimated fiscal impact not to exceed $300. Item is being asked to be moved by Commissioner Coyle. Next item is a correction to item 17E. In the fifth sentence under section 7 A, insert after the word oath the following phrase: Or by written declaration in accordance with section 92.525 of the Florida Statutes. This change is requested by the clerk for purpose of administration of the ordinance procedure. Also in section 7, under B, in line 4, it should read, regardless of whether there is any change in employers of. And those corrections are made at staffs request. You have a series of time certain items today. The first is at 10:00 a.m., that's 5E; followed at 11 :00 by item 10E; at 10:45 a.m. by item 10H; and at 1 :00 p.m. by item 12B; and then at 1 :05, you -- you get to hear 8B, lOA and lOB, and that all has to do with the Davis Boulevard widening from Collier Boulevard to Radio Road. The 10 o'clock time certain, 5E, is a presentation by the U.S. Fish and Wildlife Service regarding the Panther Consultation Area. The 11 o'clock time certain is item 10E, and that's basically a recommendation to approve Collier County's fiscal year 2008 federal Page 6 February 13, 2007 legislative agenda. The item at 10:45 is item 10H, and that's a recommendation to approve spending up to $35,000 for appraisals and precontract expenses, to authorize a non-binding letter of intent, commence negotiations for the purchases of Gawn Fishin, a property located in Everglades City adjacent to the Everglades Airport. Next item with a time certain at one o'clock is the 12B item, and that has to do with the standing court case between the clerk and the Board of County Commissioners, and I've mentioned before on -- with the withdrawal of 12B (sic), which is -- was going to be your shade session. This is the sunshine piece, and it will be presented by the county attorney. The next item is item -- for 1 :05, and that is item 8B, lOA and lOB, all -- all deal with the six-laning of Davis Boulevard between Collier Boulevard and Radio Road and developer's contribution agreements and a change in the PUD. You heard that at the last meeting of the Board of County Commissioners. You asked it to come back because you had some questions. Again, that will be at 1:05. That's all I have, Mr. Chairman, Commissioners. CHAIRMAN COLETTA: Thank you. Now we'll go for commissioners' -- there's nothing on the summary agenda that requires disclosure that I can see; is that correct, Mr. Weigel? MR. WEIGEL: That's correct in regard to, if you have -- if you had no contact on any ex parte issues, then you have nothing to disclose. CHAIRMAN COLETTA: Okay. So then still we require disclosure if you have any. MR. WEIGEL: Right. CHAIRMAN COLETTA: Okay. I understand, Mr. Weigel. MR. MUDD: Yes, sir. There are some 16A items that have disclosure. Page 7 February 13, 2007 CHAIRMAN COLETTA: Well-- yes. If it passes unanimously and at that point in time we -- you know, as far as they're not pulled. We don't have to make personal disclosures on them; is that correct, Mr. Weigel? MR. WEIGEL: No. I don't follow that. CHAIRMAN COLETTA: Mr. Weigel, the items that are in the consent agenda -- MR. WEIGEL: Right. CHAIRMAN COLETTA: -- that require disclosures -- MR. WEIGEL: Yeah, any of those -- CHAIRMAN COLETTA: -- they be made at this time, too? MR. WEIGEL: Yes. They're -- although properly placed in the consent agenda because they are not advertised items to appear under 8 or 17, they would still have the same requirement for disclosure if there is disclosure to be made. You could indicated either no disclosures necessary on a particular item or go on the record before the approval of the consent agenda and you'll have it taken care of. CHAIRMAN COLETTA: And with that, we'll start with Commissioner Henning. COMMISSIONER HENNING: No disclosures, Commissioner. CHAIRMAN COLETTA: Okay. No changes to the agenda? COMMISSIONER HENNING: And no changes. CHAIRMAN COLETTA: Thank you. Commissioner Fiala? COMMISSIONER FIALA: No disclosures, no changes. CHAIRMAN COLETTA: And the same here, no disclosures, no changes. Commissioner Halas? COMMISSIONER HALAS: On the consent agenda, on item 16A4, I have no disclosure; on item 16A5, no disclosure; and on the summary agenda, item 17, under -- I have no items of disclosure there ei ther. Page 8 February 13, 2007 CHAIRMAN COLETTA: Thank you very much. Commissioner Coyle? COMMISSIONER COYLE: No disclosure and no additional changes to the agenda. CHAIRMAN COLETTA: Okay. Do I hear an approval-- COMMISSIONER HENNING: So moved. COMMISSIONER HALAS: Second. Item #2B, #2C, #2D, #2E, #2F and #2G NOVEMBER 21, 2006 - VALUE ADJUSTMENT BOARD SPECIAL MAGISTRATE; JANUARY 9, 2007 - BCC/REGULAR MEETING; JANUARY 16,2007 - BCC/TDC WORKSHOP; JANUARY 18,2007 - DISTRICT 3 TOWNHALL; JANUARY 23, 2007 - BCC/REGULAR MEETING; JANUARY 24, 2007 - BCC/REGULAR MEETING CONTINUATION OF JANUARY 23, 2007 - APPROVED AS PRESENTED CHAIRMAN COLETTA: Thank you very much. And the November 21st value adjustment board special magistrate? COMMISSIONER HENNING: Move to approve. CHAIRMAN COLETTA: And the -- okay. Why don't we take them -- COMMISSIONER HENNING: Included in my motion is the January 9, 2007 BCC regular meeting; January 16, BCC tourist workshop; January 18, town hall meeting, District 3; and January 23rd, BCC regular meeting; and January 24, BCC regular meeting, and continuing on to the -- should be the 25th, shouldn't it? COMMISSIONER FIALA: Continuation of the 23rd, I guess. COMMISSIONER HENNING: Continuation of the 23rd, yes. COMMISSIONER FIALA: Okay. And I -- COMMISSIONER HENNING: That's my motion. Page 9 February 13, 2007 COMMISSIONER FIALA: -- second that motion, Commissioner Henning. CHAIRMAN COLETTA: Okay. Thank you. We have a motion by Commissioner Henning, a second by Commissioner Fiala. Any discussion? Seeing none? Oh, Commissioner Halas? COMMISSIONER HALAS: Are we going to vote just on today's agenda separately or are you going to put all this together under one motion? CHAIRMAN COLETTA: Let's put -- what do you -- your pleasure, Commissioner Henning. COMMISSIONER HENNING: Yes. Everything's in one motion. COMMISSIONER HALAS: Okay. CHAIRMAN COLETTA: Did you have any comments? COMMISSIONER HALAS: No, I just -- because we had a motion and then we added to that motion, I guess. CHAIRMAN COLETTA: That's correct. All those in favor of the motion, 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. Page 10 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING February 13, 2007 Item 9C: The Committee Recommendation should be Bishof rather than Bishop. (Commissioner Fiala's request.) Withdraw Item 12A: The Board in executive session will discuss settlement and strategy relating to litigation expenses in the pending litigation case of Dwight E. Brock, Clerk of Courts v. Collier County, Florida, Board of County Commissioners of Collier County, Florida, as Ex-Officio Governing Board of The Ochopee Area Fire Control & Emergency Medical Care Special Taxing District, a/k/a The Ochopee Fire District; Linda T. Swisher and Paul W. Wilson, Case No. 04-941- CA consolidated with Board of County Commissioners of Collier County, Florida vs. Dwight E. Brock, Clerk of the Circuit Court of Collier County, Florida Case Number 05-953-CA consolidated with Case No. 05-1506-CA. (Staff's request.) Continue Item 16A2 to the February 27,2007 BCC meetina: Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Veronawalk Phase 1B". The roadway and drainage improvements will be privately maintained. (Staff's request.) Move Item 16C1 to 10J: Recommendation to approve an agreement with FEBCO, Inc. a Division of Watts Water Technologies, Inc. that allows FEBCO to seek certification of their Backflow Prevention Devices (BPDs) otherwise known as Reduced Pressure Detector Assemblies (RPDAs), which were installed during the inception of the fire and irrigation water system improvements in Pelican Bay. Project Number 74023. (Commissioner Coyle's request.) Move Item 1602 to 101: Recommendation that the Board of County Commissioners approve a request from I HOPE, Inc. of Collier County to fund the $10,000 payment of permitting fees related to the installation of thirty (30) FEMA trailers in the Immokalee area. (Commissioner Fiala's request.) Withdraw Item 1605: Recommendation to grant a loan to the Collier County Housing Development Corporation (CCHDC) of $200,000 for the construction of an affordable housing unit in Copeland using State Housing Initiative Partnership (SHIP) funds. (Staff's request.) Item 1607: Under Considerations, first bullet item, text has been deleted and will now read as follows: "Annual beach parking permits would be obtained by residents in a similar fashion to the current program and procedures. Residency will be the only requirement to obtain a beach parking permit. Permits will be required on an annual basis. Beach parking permits to residents will appear to be free. However, when a beach parking sticker is issued to a resident, the 001 Fund, commonly referred to as the "General Fund" '/Jill be debited the annual cost of a beach parking sticker and transferred into a "Beach Parking Re'tenue Fund". This transaction v:i11 establish a uniform price for beach parking permits pro'tided for the residents as paid for through ad valorem taxes. The Parks and Recreation Department's CLASS database will be used to track various statistics reaardina parkina permit issuance. Amona these statistics will be resident versus non-resident. The resultant data can then be used in developina cost and revenue allocations. Parking will be available at all Collier County beach parking facilities without charge with a permit." (Staff's request.) Withdraw Item 16H1: Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the Gulf Citrus Country Gala on Saturday, March 24, 2007 at the LaBelle Civic Center in LaBelle, Florida. $60.00 to be paid from Commissioner Halas's travel budget. (Commissioner Halas' request.) Withdraw item 16H5: Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the Marco Island Historical Society Spring Appraisal Faire Gala Live and Silent Auction on Saturday, March 3, 2007 at the Hammock Bay Golf and Country Club, Naples; $75.00 to be paid from Commissioner Fiala's travel budget. (Commissioner Fiala's request.) Move Item 17B to 8D: Recommendation to adopt a County Ordinance governing the threshold amount of land or easement purchases requiring one or two real estate appraisals. (Estimated fiscal impact not to exceed $300.00.) (Commissioner Coyle's request.) Corrections to Item 17E: Also, in the 5th sentence under Section Seven (a), insert after the word "oath" the following phrase: 'or by written declaration in accordance with Section 92.525, Florida Statutes,' (This change requested by the Clerk for purposes of administration of the ordinance procedure). Also in Section Seven (b), in line 4 should read: "... regardless of whether there is any change in employers of . .." (Staff's request.) Time Certain Items: 10:00 a.m. -Item 5E 11 :00 a.m. - Item 10E 11 :45 a.m. - Item 10H 1:00 p.m. -Item 12B 1 :05 p.m. - Items 10A and 1 OB followed by 8B Item 5E to be heard at 10:00 a.m. Recommendation to hear a presentation from the U.S. Fish and Wildlife Service regarding the use of the Panther Consultation Area in reviewing land development activities in Collier County. Item 10E to be heard at 11 :00 a.m. Recommendation to approve Collier County's Fiscal Year 2008 Federal Legislative Agenda. Item 10H to be heard at 11:45 a.m. Recommendation to approve spending up to $35,000 for appraisals, pre-contract expenses, to authorize a non-binding Letter of Intent, commence negotiations for the purchase of Gawn Fishin, LLC property located in Everglades City and approve the attached budget amendment. Item 12B to be heard at 1 :00 p.m. Board direction to the County Attorney relating to litigation case of Dwight E. Brock, Clerk of Courts v. Collier County, Florida, Board of County Commissioners of Collier County, Florida, as Ex-Officio Governing Board of The Ochopee Area Fire Control & Emergency Medical Care Special Taxing District, ald/a The Ochopee Fire District; Linda T. Swisher and Paul W. Wilson Case No. 04-941-CA, consolidated with Case No. 05-1506- CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. Item 8B to be heard at 1 :05 p.m. followina 10A and 10B: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ-A-2004- AR-6417 Ronald Benderson et ai, Trustee, represented by Robert L. Duane, AICP, of Hole Montes, Inc., requesting to rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) known as the 1-75/alligator Alley Commercial PUD. The proposed PUD amendment requests the following: to reduce the size of the PreservelWater Management Area from 15 acres currently required by the PUD to 10.58 acres; to delete residential uses as a permitted use; to provide a new list of commercial uses comparable to those allowed in the C-1 through C-4 Commercial Districts, with SIC codes; modify the PUD Master Plan to depict the footprints of existing land uses and conceptual footprints for undeveloped tracts; to modify the circulation system; to establish a maximum square footage of 265,000 square feet of retail and office area; to relocate the existing western entrance 50 feet to the east; and to delete the 50 foot perimeter setback. The property consisting of 40.8 acres, is located on the north side of Davis Boulevard in proximity to the Intersection of Collier Boulevard (CR-951) and 1-75. The subject property is located in Section 34, Township 49 South, Range 26 East, Collier County, Florida. Companion item with Developers Contribution Agreement. Item 1 OA to be heard at 1 :05 p.m. This item was continued from the January 23, 2007 BCC meeting. Recommendation to approve a Developers Contribution Agreement (DCA) between Benderson, Westport and Davis Crossing (The Developers) and Collier County to obtain right-of- way, easements drainage commitments and advanced funding for the future expansion of Davis Boulevard. (Companion item to 8B and 10B.) Item 1 OB to be heard at 1 :05 p.m. This item was continued from the January 23, 2007 BCC meeting. Recommendation to approve a Developers Contribution Agreement (DCA) between Waterways Joint Venture VII (The Developer) and Collier County to obtain property for roadway water management, drainage and access easements for the future expansion of Davis Boulevard. (Companion item to 8B and 10A.) February 13, 2007 Item #3A SERVICE AWARDS: 5 YEAR, 10 YEAR AND 20 YEAR RECIPIENTS - PRESENTED Now the service awards. MR. MUDD: Yes, sir. Service awards. You have some advisory committee service awards today. The first service award -- Commissioner, are you going to do it up there or are you going to come on down? CHAIRMAN COLETTA: Why don't we take a minute and come down there. I think it's much more -- better to be able to deal right from their level. MR. MUDD: The first recipient today is Carol Wright, and it's a five-year award for the Vanderbilt -- for her participation in the Vanderbilt Beach Beautification MSTU Advisory Committee. Ms. Wright? (Applause.) CHAIRMAN COLETTA: Thank you so much for your service. We're going to need to get a picture, if you could, right here in the center. Thank you. MS. WRIGHT: Thank you very much. MR. MUDD: The next -- and then we'll go to another category which is our 10-year recipients. Our first 10-year recipient is Kent Orner, and he has participated for 10 years on the Ochopee Fire Control District Advisory Committee. (Applause.) CHAIRMAN COLETTA: Thank you for 10 years. We really do appreciate it. COMMISSIONER HALAS: Thank you so much for your dedicated service. Page 11 February 13, 2007 CHAIRMAN COLETTA: Hope you're going to stay around for a while. COMMISSIONER COYLE: Thank you. COMMISSIONER FIALA: It keeps you young. CHAIRMAN COLETTA: Stand right here for a moment, then we'll get a picture together. Once again, thank you. MR. ORNER: Thank you. Appreciate it. (Applause.) MR. MUDD: Our next recipient is George Ponte. He has served for 10 years on the Collier County Code Enforcement Board. (Applause.) COMMISSIONER HALAS: George, congratulations. Thank you. MR. MUDD: George, if we could get a picture. CHAIRMAN COLETTA: Thank you, George. (Applause.) MS. FILSON: Commissioner Fiala? MR. MUDD: No, we'll come -- we'll do that in just a little bit. We're going to do proclamations -- MS. FILSON: Oh, proclamations. MR. MUDD: -- now first. MS. FILSON: I'm sorry. Item #4A PROCLAMATION DESIGNATING THE MONTH OF FEBRUARY AS SCOUTING ANNIVERSARY MONTH, TO ENCOURAGE CITIZENS OF COLLIER COUNTY TO EXPRESS THEIR APPRECIATION TO THE SOUTHWEST FLORIDA COUNCIL AND THE BOY SCOUTS OF AMERICA FOR THEIR INTEREST IN AND DEDICATION TO AMERICAS YOUTH - Page 12 February 13, 2007 ADOPTED MR. MUDD: Mr. Chairman, Commissioners, this brings us to proclamations. Our first proclamation is a proclamation designating the month of February as Scouting Anniversary Month, to encourage citizens of Collier County to express their appreciation to the Southwest Florida Council and the Boy Scouts of America for their interest in and dedication to America's youth. The proclamation to be accepted by Mel Moore, senior district executive, Boy Scouts of America; Barbara Coen, district vice-chairman, Boy Scouts of America; and William H. Poteet, Jr., Alligator district chairman, Boy Scouts of America. Come on up. CHAIRMAN COLETTA: Come on up. (Applause.) CHAIRMAN COLETTA: As a former Eagle -- not a former. You're always an Eagle Scout. MR. POTEET: You're always an Eagle Scout. CHAIRMAN COLETTA: As an Eagle Scout and a former Scout Master, it's indeed my privilege to be able to read this proclamation today. Whereas, the Boy Scouts of America have been in the forefront of instilling timeless values in youth since its founding in 1910; and, Whereas, this national youth movement has made serving others through its value-based program its mission; and, Whereas, the Boy Scouts of America's committed to helping millions of youth succeed by providing the support, friendship and mentoring necessary to live a happy and fulfilling life; and, Whereas, the Boy Scouts of America, Southwest Florida Council and its Cub Packs, boy scout troops, and venturing crews are celebrating Scout's 97th anniversary in America and the 100th anniversary of scouting internationally with the theme, "100 years of Scouting, When Tradition Meets Tomorrow"; and, Page 13 February 13,2007 Whereas, there are more than 1 70 community organizations and 3,800 dedicated volunteers that make scouting available for more than 30,000 youth members in our area who participate in the scouting program as a means of character building, citizenship training and personal fitness; and, Whereas, the Boy Scouts of America is the largest organization in Collier County providing youth leadership training with over 2,500 youth and 700 adult volunteers participating; and, Whereas, citizens of Collier County express their appreciation to the Southwest Florida Council and the Boy Scouts of America for their interest and dedication to America's youth. And, therefore, be it proclaimed by the Board of Collier County Commissioners, Collier County, Florida, that February be designated as Scouting Anniversary Month. Done in order, this, the third (sic) day of February, 2007, James Coletta, Chairman. And it is my pleasure to make the motion for approval. COMMISSIONER HALAS: Second. CHAIRMAN COLETTA: Motion for approval by myself, Commissioner Coletta, second by Commissioner Halas. Now all 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 so much. MR. POTEET: Thank you. CHAIRMAN COLETTA: When they take a picture, you want to Page 14 February 13, 2007 hold this towards the picture. MR. MUDD: Bill, you want to say a few words? MR. POTEET: I'll just say something real quickly. First of all, I'd like to thank the commission for doing this proclamation today. I remember that -- well, I feel that maybe some of the commission members remember when scouting was started some hundred years ago. Little before my time. COMMISSIONER COYLE: Commissioner Fiala remembers. COMMISSIONER FIALA: I raised my hand. COMMISSIONER HALAS: I was in that too, boy scouts. MR. POTEET: Scouting is alive and well in Collier County . We have a number of units from Marco Island to North Naples out to Immokalee. Immokalee we're running some programs that are unique to scouting. There's soccer-oriented programs with the youth, and they're doing it very successfully. We have over 700 volunteers that put a lot of time into the program and make this work, but basically, scouting would not be alive if (sic) the citizens of Collier County, the businesses of Collier County that support it so earnestly, and for all the governmental entities between the commission, the school board and everyone else that coordinates the events that we have in this county, and we thank everybody that's participated in the program. And if there's any child out there that ever wants to become a scout, there's absolutely no reason why they can't. Money should never be an object. Scouting is open to all youth, all the boys between the ages of 8 to -- up to 18. When they get to be 14, we kick in the gear and do some high adventures. So there's a lot of activity out there. And so we just thank everybody for allowing the program to prosper so well as it does in Collier County. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Just one other addition. And to all of Page 15 February 13,2007 those dedicated parents who give of their time who don't have to do that, but because they care about their children and everyone else's children, they also make this all possible. Thanks, Bill. And that's to both of you. MR. POTEET: Donna, you've discovered the secret of scouting. Scouting allows parents to grow up with their kids, and we know it. Thank you. CHAIRMAN COLETTA: Thank you. (Applause.) Item #4 B PROCLAMATION DESIGNATING MARCH 10,2007 THROUGH MARCH 17, 2007 AS SAVE THE FLORIDA PANTHER WEEK TO ENCOURAGE CITIZENS OF COLLIER COUNTY TO JOIN IN THE CELEBRATION OF THE FLORIDA PANTHER. ACCEPTED BY TOM MURRAY, PRESIDENT, FRIENDS OF THE FLORIDA PANTHER REFUGE - ADOPTED MR. MUDD: Commissioner, the next proclamation is a proclamation designating March 10, 2007, through March 17, 2007, as Save the Florida Panther Week to encourage citizens of Collier County to join in the celebration of the Florida Panther. To be accepted by Tom Murray, president of Friends of the Florida Panther Refuge. MR. MURRAY: Commissioner? CHAIRMAN COLETTA: Sir. COMMISSIONER FIALA: Proclamation: Whereas, the people of Collier County treasure their wildlife and take pleasure in the natural heritage handed down to them by generations past; and, Whereas, the Florida panther is the official state animal of the great State of Florida; and, Page 16 February 13, 2007 Whereas, the Florida State Legislature has established the third Saturday in March as Save the Florida Panther Day; and, Whereas, the Florida panther is a magnificent subspecies and a symbol of the natural character of the Everglades ecosystem of South Florida; and. Whereas, because Collier County is the stronghold for the long-term survival of the Florida panther, the natural resource managers, non-profit groups, citizens and businesses in the county want to gather to celebrate this species for the South Florida ecosystem; and, Whereas, it is the will of the people of Collier County and, therefore, a mission of their government to rescue the Florida panther from the threat of extinction; and, Whereas, it is proper and fitting for all Floridians to pause and reflect on the plight of the Florida panther and the task of preserving the sleek, lean and beautiful Florida panther subspecies to enrich the legacy of generations yet to come; and, Whereas, we encourage each citizen to join in the celebration of the panther. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County Florida, that March 10, 2007, through March 17, 2007, be designated as Save the Florida Panther Week. Done and ordered this 13th day of February, 2007, Board of County Commissioners, Collier County, Florida, James Coletta, Chairman. And Mr. Chairman, I make a motion to approve. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: Okay. We have a motion for approval and a second, and I'm going to ask for comments because I do have one to make. I am going to vote for this because it's a wonderful proclamation; Page 1 7 February 13, 2007 however, I want everybody to keep in mind that I don't think it's fair that Collier County and the residents of Collier County have to take the total burden of mitigation of a national treasure totally on themselves. Millions of dollars are spent out of taxpayers' money when we're protecting a national treasure. I hope at some point in time we get our federal government and state government involved to help to carry the cost of it. Meanwhile, we have a motion, we have a second. Any other comments? (No response.) CHAIRMAN COLETTA: Seeing 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. Thank you very much, sir. (Applause. ) CHAIRMAN COLETTA: Please take a few moments. After we have a picture, you can say a couple words. You could work here. MR. MURRAY: This is a long proclamation, and I think it says it all, but if I could just make just one or two remarks. I want to thank you very much, Commissioners, for what you've done. The Florida panther, as you know, is one of the most endangered animals on earth. People all over the world are interested in protecting the Bengal tiger and pandas and whales and so forth. People all over the United States are interested in the animal that we're trying to protect here, the state animal of Florida, the Florida panther. We understand that there are issues. There may be funding issues. There are issues of development and habitat loss which, of Page 18 February 13, 2007 course, is the main threat to the Florida panther. There probably needs to be some balance, the balance some of us think is swinging in the wrong direction. Many would like to build a panther habitat, and there's also people all over the United States that would like to live in Yellowstone Park, but that's not permitted by the federal government. So we thank you for the proclamation. We appreciate it very much. The panthers, if they could vote, and they cannot, would certainly vote for you and appreciate, once again, what you've done. Bye now. (Applause.) Item #4C PROCLAMATION DESIGNATING JANUARY, FEBRUARY AND MARCH 2007 AS NAPLES PATRIOTIC MOMENT MONTHS - ADOPTED MR. MUDD: Commissioner, next proclamation is designating January, February and March 2007 as Naples Patriotic Moment Months. Proclamation to be accepted by Sharon Kurgis, Merrill Lynch, and Phil Lewis of the Naples Daily News. COMMISSIONER FIALA: Looks like you're on your own, huh? MS. KURGIS: I am. COMMISSIONER COYLE: Okay. Welcome, Sharon. I'll read the proclamation. Whereas, in January 2006, Sharon Kurgis organized the first Naples Patriotic Moment series of celebrations to pay tribute to all men and women who served in the military to defend the liberties that are often taken for granted; and, Whereas, we watch the United States of America's military Page 19 February 13, 2007 continually be called upon to preserve peace throughout the world and conduct operations in very dangerous environments. Sharon Kurgis and her supporters believed that Naples residents needed a way to stop, reflect and honor the men and women of today's and yesterday's military. In essence, pause for a Naples Patriotic Moment; and, Whereas, in January of 2007, Sharon Kurgis and supporters decided that the 2006 events were so successful that they scheduled Naples Patriotic Moment ceremonies every Sunday, Monday and Tuesday evening at 5:30 p.m. from January until March 2007, at the Sugden Community Theater courtyard on Fifth Avenue in Naples; and, Whereas, each evening local musicians provide brief musical presentations to entertain participants with period-related music before honoring representatives from military organizations ranging from West Point graduates to Korean War veterans; and, Whereas, every ceremony concludes with a message from the military representative guest speaker of the evening, the lowering and folding of the America flag and the military bugle call, taps; and, Whereas, although most of us are very thankful, we often do not take the time to stop and reflect on the sacrifices made on our behalf; and, Whereas, we believe that the Naples Patriotic Moments is a unique way for Naples to pay tribute to those who serve or have served in our military; and, Whereas, the Collier County Board of County Commissioners would like to express its sincere appreciation to Sharon Kurgis and the Naples Patriotic Moment sponsors, Merrill Lynch and the Naples Daily News, for Paying tribute to our local veterans and publicly recognizing their sacrifices and dedication to our great nation. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the months of January, February and March, 2007 be designated as Naples Patriotic Moment Months. Page 20 February 13, 2007 Done and ordered this 13th day of February, 2007, Board of County Commissioners, Collier County, Florida, Jim Coletta, Chairman. Mr. Chairman, I make a motion we accept this proclamation. COMMISSIONER HALAS: And I second it. CHAIRMAN COLETTA: Ifwe could at this time, could I have those people that have served in the service please stand. That would be you, too, Commissioner Coyle and Commissioner Halas, and myself. And with that -- (Applause.) COMMISSIONER COYLE: We didn't take a vote on that. CHAIRMAN COLETTA: No, we didn't. But I was looking for a motion. COMMISSIONER COYLE: It's already been made and seconded by Commissioner Halas. CHAIRMAN COLETTA: We have a motion by Commissioner Coyle, a second by Commissioner Halas. Any discussion? (No response.) CHAIRMAN COLETTA: Seeing 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. MS. KURGIS: Thank you. CHAIRMAN COLETTA: Thank you so much. (Applause.) CHAIRMAN COLETTA: We'll get a picture, then we'd love to have you say a couple words. MS. KURGIS: Thank you. Thank you for this proclamation Page 21 February 13, 2007 from the veterans. When I came up with this idea, which was kind of a basic idea, I just thought about seeing sunset on Fifth Avenue and having taps played and having people take a moment out of their busy day and just thinking about everything the United States has ever been through and that we're still a free country and that we still never have to worry a whole lot about what happens to us on a daily basis. I mean, we just -- we live in a wonderful place and a wonderful area. So I thought about having taps played on Fifth Avenue, and went over it with some of the local business owners, and managed to get a flag up, and we started having taps played and asked some of the military to come down, different groups, whether Vietnam War veterans, Korean War veterans, maybe World War II veterans of the Pacific Theater. We even had last year Pearl Harbor veterans, and we had two of them come down, which was a wonderful evening. It's just where you fold the flag, say the Pledge of Allegiance and play taps. It has grown, and the reason it has grown is because of the power of our veterans. The veterans in our county have a lot of dedication and a lot of patriotism. And what has really -- every night that I've been there, there -- somebody has tears in their eyes, and I think that a lot of people feel that whatever they -- whatever happened to them in the military, however life was, their life, I'm sure, has been changed. And when they're here today, and like I said, living the freedoms that we all enjoy every day, I think they still feel that their contribution was something, you know, worthwhile to what we're seeing in our life today. So I thank the veterans. And please come down. There's a schedule in Naples Daily News every Friday in the showcase. And we invite all veterans, even if it's Korean War veteran night, we may have 100 veterans down there. And we ask you to lower the flag. We ask you to say the Pledge of Allegiance. And everybody will stop and Page 22 February 13, 2007 say the Pledge of Allegiance with you. I don't care if you're eating dinner at Yabba's or McCabe's or you're walking across the street, you will stop and say the Pledge of Allegiance. There isn't anyone that continues to move during that time. Thank you. CHAIRMAN COLETTA: Thank you. (Applause.) MR. MUDD: Commissioner, this brings us to presentations. Item #5A THE COLLIER COUNTY EMERGENCY MEDICAL SERVICES DEPARTMENT ADOPTED THE PHOENIX AWARD TO RECOGNIZE LOCAL FIRST RESPONDERS, WHO THROUGH THEIR SKILLS AND KNOWLEDGE, HAVE SUCCESSFULLY BROUGHT BACK TO LIFE INDIVIDUALS WHO HAVE DIED. THE PHOENIX IS A MYTHOLOGICAL BIRD THAT DIED AND ROSE RENEWED FROM ITS ASHES - PRESENTED The first presentation is the Collier County Emergency Medical Services Department adopted the Phoenix Award to recognize local first responders who, through their skills and knowledge, have successfully brought back to life individuals who have died. The Phoenix is a mythical bird that died and rose renewed from its ashes. Mr. Summers? MR. SUMMERS: Commissioners, good morning. Dan Summers, Director of the Bureau of Emergency Services. As you know, this is one of my most exciting things, one of the things I'm most proud of with this group. Let me also recognize some of our chiefs that are here today. Chief Brown from North Naples; Chief Peterson from Golden Gate; Fire Chief Page from EMS; and Chief McAvoy from City of Naples. So I know they're -- just as I, they're very proud of their personnel. I hope I didn't miss any of our Page 23 February 13, 2007 chiefs that came in. Commissioners, I wanted you to be aware that while we are, indeed, celebrating the accomplishments of these men and women, our paramedics and our first responders, one of our own has suffered a tragic loss recently. Last week Battalion Martha Ginter, Marti, lost her husband Dale to cancer last week. Many of our responders could not be here this morning, as they are with Marti, who is receiving friends this morning. Dale was also a member of the Golden Gate Fire Department, and many folks also remember Dale as one of our first road rangers on Alligator Alley. So we know that between Marti and Dale, they probably have over 45 years combined experience in emergency services. And as you know, they will truly be missed, and we ask you to please keep Marti in your prayers today and in the future. I know that Marti and Dale would like for us to celebrate the success of these outstanding men and women who have worked so hard in their profession of emergency medical care. You know, you've heard me say it's one thing to be in the lifesaving business. It's quite another to be a lifesaver, and that's what these men and women are today. So with those thoughts -- and I'm sure that Marti's desire for us to move forward and recognize these individuals, I'll ask Les Williams, our EMS training division, to read the names of our Phoenix Awards recipients. They're going to come up and join you with a photograph, they're going to go back downstairs to the EOC and receive their actual Phoenix Award. And I know, too, Commissioners, you would also like to recognize the families of these paramedics who support them in their endeavors to do well in Collier County. So Les, if you'll read the names. MR. WILLIAMS: Commissioners, Les Williams, Collier Page 24 February 13, 2007 County EMS. I'm going to read all the names and have them come up, and we'll save the applause till last. We'll make a brief comment and save the applause till last. From Collier County EMS, we have Kenneth Haberkorn. Come on up as I call your came. Guy Spieth, Richard McGee, Bruno Lovo, Christian DeBiasi, Christian Quintana and Patricia Dixon. From City of Naples Fire Department, Mark SanAngelo. From North Naples Fire Department, Zak Jones. From East Naples Fire Department, John Hoover, Harry Zafiris and Kevin Nelmes. Golden Gate Fire Department, Matthew Zaleznik, Jeffrey Roll and Justin Beasley. And from the Marco Island Fire Department, Dean Heasley, Ray Ladurini, Albert Munoz, Dustin Beatty, James Jay, Jerry Adams, Daniel Fernandez, Brian Franklin and Donny Jones. The citizens and visitors of Collier County have truly received world-class patient care due to the dedication, desire and determination of the local law enforcement, fire departments and EMS personnel. Commissioners, county personnel and visitors of today's meeting, I am honored to present to you today's heros. (Applause.) MR. MUDD: I think we got it. (Applause. ) CHAIRMAN COLETTA: Gentlemen, thank you very much. Item #5B RECOGNIZING CHRISTOPHER ATCHLEY, CRAFTSMAN, FACILITIES MANAGEMENT, AS EMPLOYEE OF THE MONTH FOR JANUARY~ 2007 - PRESENTED Page 25 February 13, 2007 MR. MUDD: Commissioner, our next presentation is a -- is a recommendation to recognize Christopher Atchley, a Craftsman for Facilities Management, as the Employee of the Month for January 2007. And Christopher, if you could come forward, please. Commissioner, we'll get them. We'll get them for you. You can give them to them from the dais, if that's okay. CHAIRMAN COLETTA: I can do it from down there. You can stay up there. MR. MUDD: Okay. Christopher Atchley, Craftsman for Facilities Management, was selected as the Collier County's government Employee of the Month for January 2007. Chris is always upbeat and energetic in whatever job he is assigned to. He treats each department like they are his only customer, even though he has assignments all over the county. Chris responds quickly to any work order that is submitted and often comes by at the beginning of the week to check and see if the department will need anything done that week. You can tell from Chris's fantastic attitude and constant whistling while he works that he takes great pride in his job and is always willing to do the extra things that are asked of him. Chris exceeds expectations in not only completing the assigned task, but also checks back in case something else is needed at the last minute. In the past 36 months, Chris has received over 21 letters of appreciation and commendation entered into his personnel file. The letters are from various individuals and organizations throughout the county and the State of Florida. Ladies and gentlemen, I'd like to present to you Chris Atchley, craftsman, facilities management Employee of the Month for January 2007. (Applause.) CHAIRMAN COLETTA: Thank you. One more, Chris. Hold Page 26 February 13, 2007 it. We have somebody -- is that your wife? MR. ATCHLEY: Yes. CHAIRMAN COLETTA: Thank you on behalf of the . . commISSIoners. MR. MUDD: Commissioners, our next presentation is a recommendation to -- (Applause.). Item #5C RECOGNIZE MIKE OSSORIO, CONTRACT LICENSING OFFICER, COMMUNITY DEVELOPMENT AND ENVIRONMENT AL SERVICES, AS EMPLOYEE OF THE YEAR FOR 2006 - PRESENTED MR. MUDD: Next presentation is a recommendation to recognize Mike Ossorio, Contracting Licensing officer, Community Development's Environmental Services, as the Employee of the Year for 2006. (Applause.) MR. MUDD: Mike Ossorio, Contracting License's Officer in the Community Development's Environmental Services Division was selected Collier County's division Employee of the Year. As one of the four contract licensing officers working for Collier County government, he manages and directs all matters pertaining to Collier County licensing ordinances, researches, inspects, investigates complaints and educates contractors about licensing requirements, policies and procedures. In 2005, Mike cited 289 unlicensed contractors and fined them $86,700. Additionally, he mediated numerous cases between homeowners and contractors and was able to collect and return $154,517 to homeowners who were engaged in contract disputes. Page 27 February 13, 2007 In addition to responding to client complaints, he worked closely with the City of Naples Building Department to check job sites for unlicensed activity and contractors working without permits. He also meets with local contractors to update them about changes in state laws and insurance requirements. Ladies and gentlemen, I'd like to present to you Mike Ossorio, Contracting Licensing Officer, Community Development's Environmental Services' Employee of the Year, 2006. (Applause.) COMMISSIONER HALAS: Mike, congratulations. COMMISSIONER COYLE: Congratulations. CHAIRMAN COLETTA: Thanks again. Thank you. (Applause.) Item #5D PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS FOR THE WASTE REDUCTION AWARDS PROGRAM (WRAP) TO RECOGNIZE BUSINESSES AND INSTITUTIONS FOR ENHANCED AND INNOVATIVE RECYCLING PROGRAMS - PRESENTED MR. MUDD: Commissioners, that brings us to our next presentation, and it's a presentation by the Board of County Commissioners for the Waste Reduction A wards Program, WRAP, to recognize businesses and institutions for enhanced and innovative recycling programs. And Mr. Dan Rodriguez, your Director of Solid Waste, will present. MR. RODRIGUEZ: Good morning, Commissioners. Thank you. The mandatory non-residential recycling ordinance by the Board of County Commissioners, in -- July 27th of2004, established a Waste Page 28 February 13, 2007 Reduction Awards Program, the WRAP Award, to recognize businesses and institutions for enhanced and innovative recycling programs. On behalf of the public utilities division, solid waste management department and the Board of County Commissioners, we are pleased to recognize Imperial Healthcare for their efforts to contribute to the greater good of all of Collier County by helping to prolong the life of our landfill by recycling and reducing their solid waste stream through enhanced recycling programs. Their recycling program began with the cubic yard of cardboard recycling container. The program was expanded in early April 2006 by adding eight 96-gallon commingled recycling containers to collect materials such as newspaper, office paper, magazines, plastic and aluminum cans. Additionally, the company contracted with a paper shredding vendor to place the secure documents into locked containers to be recycled. Imperial Healthcare promotes source reduction by using nondisposable dishware such as drinking mugs for individual healthcare patients. The healthcare facility practices waste reduction by buying items in bulk, which reduces packaging. The housekeeping staff recycles all the plastic from laundry detergent and cleaning fluid containers. Imperial Healthcare is an outstanding example of an institution that manages all -- that manages an excellent recycling program that is in compliance with the non-residential mandatory recycling ordinance. The WRAP Awards program includes a certificate, atrophy, the use of the WRAP logo, and space on the www.Colliergov.net recycle website to showcase their waste reduction and recycling program; therefore, on behalf of the county commissioners and the solid waste management department, public utilities would like to congratulate Mr. Raymond Adkinson, who's present here today, the maintenance Page 29 February 13, 2007 supervisor, and the staff of Imperial Healthcare, for their continued support in promoting waste reduction and recycling. Their efforts in recycling leadership is a positive example to other healthcare institutions and will have a significance effect on sustaining the life of our county landfill. Thank you. (Applause.) COMMISSIONER HALAS: Raymond, it gives me -- it gives me great pleasure to give the business community this award on behalf of the Board of Collier County Commissioners to Imperial Healthcare in regards to you realizing the importance of saving our landfill, and we appreciate the steps that you've come forward with in regards to preserving our landfill and to keep a lot of these items out of the landfill. Thank you very, very much on behalf of the Board of County Commissioners here in Collier County. (Applause.) MR. ADKINSON: I really didn't have anything planned to say today, but I want to thank everybody very much. Recycling's always been, you know, a big part, ever since I was a boy scout. Recycling, saving the land for future generations is really important. And I want to thank Janet for noticing that we're doing our best to reduce the waste and preserve the land. Thank you very much. CHAIRMAN COLETTA: Thank you. COMMISSIONER HALAS: Thank you. (Applause.) Item #5F PROJECT PRESENTATION: IMMOKALEE ROAD EXPANSION FROM U.S. 41 TO 1-75 RAMPS. A 3.5 MILE PROJECT. Page 30 February 13, 2007 PRESENTED BY JOHN CARLO, INC - ROAD ISSUES/CONTRACTS TO BE BROUGHT BACK AT A BCC WORKSHOP MEETING; W/TRANSPORTATION AND PURCHASING STAFF TO BE INCLUDED - PRESNETED CHAIRMAN COLETTA: Move on to 5F, is it, Mr. Mudd? MR. MUDD: Yes, sir. And that is a project presentation, Immokalee Road expansion from U.S. 41 to 1-75 ramps. It's a 3.5-mile project presented by John Carlo, Inc. MR. PETTIT: Chairman Coletta? CHAIRMAN COLETTA: Yes, sir. MR. PETTIT: Chairman Coletta? CHAIRMAN COLETTA: Yes. MR. PETTIT: Just -- Mike Pettit, for the record. I'd like to make a comment. The contractor in this matter has sued the county, and I think it's great they're here to report on the status of the proj ect, but we have disputed claims which we have been unable to amicably resolve up to this point, and I would request that we not -- or recommend at least that you not engage in discussion with the contractor about those claims, which include claims for time and money on the project and maybe focus on just the status of the project going forward. Transportation staff and our office will report back to the board at the time the case is at issue, which is when our response to the complaint will be filed, which is going to be sometime over the next 20 to 30 days, and advise you of what we think the county's position is at that point in time. CHAIRMAN COLETTA: Thank you, Mr. Pettit. We'll keep that under advisement as we go through this deliberation. Yes, sir. We welcome you here today. MR. CARLO: Well, it's good to be here. And I thought what I'd do is just quickly go over the status of the job schedule-wise, and stop Page 3 1 February 13,2007 me if I stray into an area that you don't want to talk about. But the original days in the contract were 900 days. The original completion date was, or is October 19, 2007. The additional days we've requested is 316. The additional days granted to date is 81. If you take the 81 days that we've been granted and add it to our original completion date, our revised completion date currently is January 8, 2008. We've had in the area -- we also had in this contract milestones, so the area between -- I'll just quickly run through these -- 1-75 to Livingston, the original completion date was 11/15/05. The actual utility relocation date, when the utilities were actually relocated, was 04/18/06, about five months after the original completion date. The second area, Livingston to Airport, which we're currently working in, the original completion date was 07/03/06. The actual reloc -- utility relocation date was 10/15/06, approximately three months after our original completion date. I bring these up only to highlight, you know, one of the challenges that we've faced on Immokalee Road that we didn't anticipate. Having said that, the procedure or the -- my plan going forward is as follows: We've got the Goodlette-Frank project winding down. As you know, we started final asphalt milling and paving last night. We think that will be done in about 10 days. Those crews -- we've already taken one crew from Goodlette- Frank and put them on Immokalee, and our plan is to take the remaining crews as they become available over to Immokalee Road. So we're cautiously optimistic that we can finish the job in the days allotted, including the revised -- the additional days granted. The problem with that optimism is that it doesn't take into account the reality that, you know, we've noticed -- I'll be frank here. We've noticed in Collier County that on Immokalee Road in particular, that much of the work that's proposed and shown on Page 32 February 13, 2007 drawings for us to do, it doesn't appear that anyone has taken into account the existing utilities that may conflict with it. And that's a problem because then, if you can imagine, we're out there thinking we're going to put in a water main and we find out that there's something else there, and we have to stop and we have to go do something. And that's really the major, major challenge on Immokalee Road. I'm a civil engineer. I used to work for a consulting company. And if we, in the company I worked for, put out plans with the lack of pre-engineering that Immokalee Road has -- and I -- forgive me for being a little bit straight with you on this, but this is really a serious issue -- we would have been fired en masse. This is just unbelievable. It just appears like someone drew lines on a drawing and said, there you go. And I guess we're supposed to know that you really can't put it there because there's other stuff in the way. And just -- there you go. I guess that's the project status as far as straight from my heart, as far as I can -- CHAIRMAN COLETTA: We have Commissioner Henning, then Commissioner Halas. Commissioner Henning? COMMISSIONER HENNING: Well, I'm quite disturbed that we can't communicate with a contractor to the Board of Commissioners' card (sic) on a dispute that goes to the court, and the only ones that wins is the attorneys, and the board needs to be aware of the issues. And we tend to find out these issues after it's well into the court systems. And the only ones that really lose in this is the residents of Collier County, my opinion. I also am concerned about the utility mislocations on our contract, and that's one of the biggest issues that drives up the cost of roads and the delays of roads which is very frustrating for all. So we've got to do something different, and I don't know what it is, and Page 33 February 13,2007 I'm sure Commissioner Coyle will figure that out. CHAIRMAN COLETTA: Well, Commissioner Halas is next though, and he'll probably beat Commissioner Coyle to the punch. COMMISSIONER HALAS: Norm, if you could step up to the podium also. This has been an ongoing issue with just about every road contractor that comes to Collier County. Is this unusual for Collier County or is this something that other counties also run into? And if you could give us a brief synopsis of why we're running into these type of problems. I think everybody needs to know what's going on here. MR. FEDER: Yes, Commissioner. First of all, it is a little bit unusual and, in some respects, not, and I'll try to clarify that. First of all, in an example of a corridor like Immokalee, our initial design going in there was looking at taking additional right-of-way, which ended up in significant impacts to the businesses along that corridor. There was a redesign. As a matter of fact, one year's delay on the design to go back and narrow up that corridor, and yet we've got an awful lot of utilities in that corridor, all of which existed and all of which new lines were set to go in for upgrading of all those utility lines. The growth area that Collier is compared to a lot, we are experiencing a situation where just that happens. I'm trying to put in the 30-inch water line where a 20 already exists today because of demand of growth, and everybody's upgrading the utilities at the same time. In the area of Immokalee Road, that was designed earlier on. There was some potholing done, but not a lot. We have taken, and not just of recent date, but in projects and design, a lot more work on potholing, but we don't have a lot of good data on where our utility lines are, whether they be public or private, and those as-builts are not reliable. Page 34 February 13,2007 We send out in every design, as everybody does -- as DOT noted, they ask the utilities where they're located, ask them to send that back in the drawings. The other thing we're finding is, because we're moving on a second or third generation, actually, we've got a lot of abandoned lines that no longer are on anybody's plans. So while you go out and you identify that somebody told you you have a line here, and you do some testing on that, more than we're doing now, and find that, yes, while it's a little bit different than they said, but we found it and we know what we're dealing with, or we think we do, there are an awful lot of lines down there that no longer are on anybody's plans or are being kept up, and unless you dig up the whole area, you don't know that those thing are there. The other area is obviously relocation of utilities within the right-of-way corridor. Since public utilities are allowed to put their right-of-way -- their utilities within the corridor, they then have to move those when they're asked to move them. They give us plans, we work from that. But it's a non-profit center. That's not the area that they're focused on when they're trying to focus on other issues for their own expansion, their own utility progress. So that's something we're constantly fighting to try and get those issues addressed. So what I can tell you is we've done some things already to try and get more information. But I can also tell you, what part is not unusual is to have a situation where you encounter surprises where something is not quite to the depth that it was supposed to be because it's not even across the whole corridor. So even if you do some potholing or found out that, yeah, this seems to be generally where we said it was located and, therefore, it should be all the way through, that's not necessarily the case. Somebody encounters a little bit of rock, they make a shift, they go a little bit differently. That's a lot of what we're finding that is not unusual. What we're Page 35 February 13, 2007 finding unusual is the lack of good as-built plans. We're keeping those records. We're now working on all of our right-of-way permitting where we're updating those records because they change very quickly. Once these utilities are put in laterals, which is the connections from development, are quite often a lot of the conflicts, and that data wasn't out there very well from all the private development connecting into the utility system. So we're keeping that data, we're getting good as-builts. Weare doing additional potholing, but we are still going to be finding surprises when you dig up under the ground. COMMISSIONER HALAS: So are you telling me that our past historical references to where these utilities were placed were not really properly signified? MR. FEDER: As I was told by one utility, Commissioner, when they told me they were on the west side of the roadway, I finally found them on the east side of the roadway in the construction project. And they told me, well, we were within the right-of-way, weren't we? CHAIRMAN COLETTA: Okay. Let's move-- COMMISSIONER HALAS: I've got one more question to ask, Mr. -- CHAIRMAN COLETTA: And then we're going to go on to Commissioner Coyle, and we'll come back to you if you have more questions. COMMISSIONER HALAS: One other question. This is to the contractor. Do you find that doing business here in Collier County is more difficult than other counties in regards to the items that you just brought up before the commission? MR. CARLO: I would have to say yes. That's the crux of the matter. Like Norm says, you anticipate some problems. I mean, you just do. It's underground. You anticipate that there are going to be some conflicts for the reasons Norm mentioned, but it just seems to be Page 36 February 13, 2007 all over. Everywhere we go there's a conflict or a pipe there that nobody knew about, and yeah, it is -- it is more pronounced in Collier County, I would say, yeah. COMMISSIONER HALAS: So you blame this on prior recordkeeping? MR. CARLO: I would say that's got to be it. As a former civil engineer consulting, that's got to be what they rely on is former records, and they're just not there. COMMISSIONER HALAS: Thank you. CHAIRMAN COLETTA: Yes, thank you. Commissioner Coyle? COMMISSIONER COYLE: Yeah. I think we are aware of this problem, that's one reason we set up this series of briefings so that we could hear from everyone involved in these projects. It is a serious problem. I think it goes beyond just recordkeeping at the -- at Collier County government for the utilities we're responsible for. It goes to people who have utilities that we have no responsibility for, and that's what I would like to focus on. We have an obligation to get our act cleaned up with respect to recordkeeping, and if we -- we certainly can't go back in time and correct all of those records at once. What that means is we're going to have to do a better job of relocates. It means trenching the entire blasted corridor, I don't much care, but we've got to solve that issue. But now tell me -- I have two questions only. One is, how many of the utilities that caused delay on this project were the result of third parties over which we have no control? MR. FEDER: A significant portion of the delay both in their moving the utilities in a timely fashion and in what they identified as locates versus what we found, and they're not identifying other lines that they had that they no longer operate or maintain record for. MR. CARLO: I'd agree with that for sure. Page 37 February 13, 2007 COMMISSIONER COYLE: Okay. Now that's Florida Power & Light, it's telephone companies? MR. FEDER: It is Florida Power & Light, it's ComCast, it's Teco, it's Embarq, it's -- anybody that's a utility is in that corridor. And in fairness, they've all grown very fast. They've abandoned lines, put in new lines, and the recordkeeping wasn't there. And to your point, which is extremely well made, we have to do something about it. We started out with requiring -- and at the end of projects we're getting good as-builts, but it can't stop there. You, just last board meeting, approved some shift in personnel that I've made, which is to take my locate section, which was in traffics ops, to take my right-of-way permitting, which was in stormwater, and my survey crews, which are also in stormwater, bring them all together in road and bridge where the actual final product needs to be maintained and where all my records are being kept. We're working through a process right now to make sure that we're taking those as-builts, we're getting all the information. And instead of identifying something out there and saying on a locate, well, I don't know what that is, but anyways if it's not on the plans, it's being flagged so that we're starting to try and find out what's down there for when somebody else starts working in the corridor. COMMISSIONER COYLE: Okay. Now, when I'm having work done at my house, as an example, ComCast, telephone companies, anyone else who has utilities there, they will come out and they will mark where those are located. Now, if we run into something in an area where they have not identified it, it seems to me that it is their obligation then to repair that. Now, we can't solve this right now but I think we need -- MR. FEDER: I understand where you're going. COMMISSIONER COYLE: We need to start talking about responsibility here and -- MR. FEDER: They-- Page 38 February 13,2007 COMMISSIONER COYLE: -- we ought to have them come out and mark the location of their lines, and if we're constructing in an area where they have not marked any lines and something is cut, it is the responsibility of that particular utility, and the same thing applies for the county. If we have marked out something there and we have not identified it properly and it is destroyed through construction, we ought to be responsible for fixing that. MR. FEDER: And Commissioner, I fully appreciate that. To date, the inference has been the right to use the right-of-way puts the responsibility back on us. And I agree fully, if we had a franchise situation like a municipality, we have a lot more control over that -- COMMISSIONER COYLE: Let's see what we can do legally in the future to try to get better control of this, because it is a serious problem. It's not going to stop now. It's going to occur on every road project we're building. MR. FEDER: We agree. And I'd add to that even another item that I've asked legal to look at as well, and that is, for these utilities, if they have either not moved in a timely fashion to the plan that they've given us that we provide to the contractor ahead of time or if they don't provide us a schedule when we request one, if they're X percentage behind or X percentage days behind giving that, that we no longer issue right-of-way permits. While they have the right to be in our right-of-way, we have to issue a permit for work so we know where it is and have a chance of trying to record that as an as-built, well, we maybe look at whether or not we have the option to tell them no more right-of-way, get that project caught up. CHAIRMAN COLETTA: I'm going to jump in here for a moment. I think we've got some very good thoughts going back and forth here. I don't think it's totally -- the guilt falls totally on the contractor. I think the responsibility comes back on this very commission to see that maybe we do a better job of working these Page 39 February 13, 2007 things out ahead of time. What I would suggest -- we're not going to solve this problem here today. That's beyond our means. We'll be here all day long and we're a bunch of amateurs when it comes to something like this. What I would suggest is that we have a staff workshop take place in this very room, it can be televised as a public workshop. I'd love to attend it. I'm not going to force my fellow commissioners to be here. But I would love to see a workshop take place where we can start to hash all these issues out. If this man has got a lawsuit against us, it's for a very good reason. We have had lawsuits against us before in the past. We want to make sure that we're at least doing as much as we should do, what other counties do, to be able to keep these contractors coming into Collier County to build roads. We can't afford to be without one more contractor. We don't have enough to get the roads done as it is. So let's get this workshop planned, a staff workshop with the contractors. I'd be more than happy to attend. I'll invite my fellow commissioners, but it won't be a mandatory commission workshop, and maybe we can hash this out and come back with some solutions that will work for everyone. MR. FEDER: Commissioner, we looked forward to that and we agree that this ought to be discussed more in a workshop setting. What I will do, just as a follow-up to the item here -- I do want to note that John Carlo is progressing well on Immokalee Road. They are bringing the other resources and coming in, and we anticipate, as they've told us now, that will be the first of January, which would fall within what we've already agreed are days, and the time frame. And so I don't want, in all this discussion, that to be lost, that they are moving well on that project. And we're going to continue working with them. One other issue we have is milestones and liquidated damages. We'll bring those issues to the board as well -- Page 40 February 13,2007 CHAIRMAN COLETTA: Good. MR. FEDER: -- as we've discussed with them based on completion of the job. CHAIRMAN COLETTA: And Commissioner Henning had it right when he said, the only one that gains from these lawsuits is the attorneys. Do my fellow commissioners agree that a workshop is in order? COMMISSIONER COYLE: Sure. COMMISSIONER FIALA: Sure. CHAIRMAN COLETTA: Okay. Commissioner Henning, you've got the last word, then we're going to move on to the next item. COMMISSIONER HENNING: Thank you. But I think it's appropriate for our meetings for the contractors to come in and tell us where they're at and -- CHAIRMAN COLETTA: Oh, I still -- COMMISSIONER HENNING: -- and where's the roadblocks. I don't think it's out of line for us to get educated along with the residents and hopefully get some direction. But here's the thing. I don't know about these contracts that we have with the design professionals on designing the roadway. I don't know exactly what the responsibility is, and I think it's more appropriate for the Board of Commissioners to direct the county attorney to take a look at those contracts and see what the obligations, not only on this road, but all the roads under construction and in the past, on what their obligation was on utility locates. If these design professionals got paid for location of these utilities, it's a disservice to everybody that we don't hold them accountable. CHAIRMAN COLETTA: That's something that could be done in the workshop setting and brought back the final results. We're going to be here forever trying to get to the bottom of this today. Let's let a workshop condense the material down to something that we can get our arms around and then take it from there. Page 41 February 13, 2007 COMMISSIONER HENNING: Can we give the direction to the county attorney to take a look at those contracts today? CHAIRMAN COLETTA: I don't see any reason why not, and bring it back to the workshop to be able to incorporate it in the whole thing to come back to us with. That sounds like a wonderful idea, Commissioner Henning. COMMISSIONER COYLE: I would support that guidance. MR. FEDER: Commissioner, if I could, I'd also recommend that purchasing as well as legal and transportation be in on that workshop and thoroughly discuss the issues -- CHAIRMAN COLETTA: I think we're all in agreement with you on that. MR. FEDER: The only other thing I'll add, Commissioner, is to the comment -- and I know I'm getting on turf here, so I'll look at staff, I'm not going to assume that because we have a lawsuit that's valid, I'm only going to tell you we'll work through the issues and continue to do -- CHAIRMAN COLETTA: I would expect that much from you at least, from everyone, to be honest with you. Mr. Mudd, and then we're moving on to the next item. MR. MUDD: Let's talk about this -- I want you to go back a little bit in your past. We came up with GIS and said, we need a GIS system, and that was around 2000, 2001, because the drawings that we were getting were all manual, were stored all over the county and nobody had a central repository for same, and there were some corrections that were done on manual plans and there was none on whatever. This county for three times prior to 2001 tried to bring GIS in, and it failed because there wasn't a central repository. There is a central repository, and it started in 2001. The board has started to take corrective action, and every as-built that comes in also comes in as a GIS file and that is now added to the overlays. Page 42 February 13, 2007 What you can't find -- now, Commissioner, you're looking for a solution -- CHAIRMAN COLETTA: I know. MR. MUDD: -- and I'm trying to -- CHAIRMAN COLETTA: I know that, and you incorporate this into the workshop, Mr. Mudd. And I agree with you 100 percent, GPIS (sic) is extremely important to be able to get to the final thing for a final solution. MR. MUDD: Commissioner, and what I'm -- what I'm also going to say is the fact that this board has taken corrective action in order to start in 2000 and to bring those things forward, okay, and now has a central repository. What you don't have in that central repository are the paper copies and things that have been stored prior to that time period, and that, in a lot of cases, is your problem with your undergrounds. Next was a comment that was made from the dais that this wasn't brought in front of the board before. I believe Mr. Feder, six months ago or seven months ago, put a picture on that overlay that had an FP &L pole paved around on lmmokalee Road, and I believe -- CHAIRMAN COLETTA: Who made that comment? I don't-- I'm trying to figure this one out, Mr. Mudd. MR. MUDD: I believe at that juncture that it was brought to the board's attention that there were some serious problems with utility movements on this road, yes, sir, and there was. And so I just want to make sure that the record is straight that, you know, we're not -- staffs not trying to hold anything back from the commission, okay. We-- CHAIRMAN COLETTA: We didn't say that, Mr. Mudd. We're the ultimate responsibility it falls with on this commission, and we're directing you to do a workshop and bring all these things into play, condense it down to the point where we can make logical decisions. And I think that's the direction to go. So let's go on to the next item. MR. MUDD: Yes, sir. Page 43 February 13, 2007 CHAIRMAN COLETTA: Thank you very much for being here today. MR. CARLO: Thank you. CHAIRMAN COLETTA: We're looking forward to working with you. Item #5E A PRESENTATION FROM THE U. S. FISH AND WILDLIFE SERVICE REGARDING THE USE OF THE PANTHER CONSULTATION AREA IN REVIEWING LAND DEVELOPMENT ACTIVITIES IN COLLIER COUNTY - PRESENTED; RECOMMENDATION FOR U. S. FISH & WILDLIFE TO SEND AGREEMENT AND NOTE WHERE UNDERPASSES THAT ARE NEEDED TO THE BCC AND TO BE PROACTIVE; USF & W REP. STATED THAT PANTHER MITIGATION IS TO BE REVIEWED ON A CASE-BY-CASE SITUATION IN REGARDS TO FEES; RETURN IN 4 MONTHS FOR PRESENTATION - CONSENSUS MR. MUDD: Commissioner, we have a 10 o'clock time certain. That is 5E, and it's a recommendation to hear a presentation from the U.S. Fish and Wildlife Service regarding the use of the panther consultation areas and reviewing land development activities in Collier County. MR. SCHMITT: I'm going to take a moment to get the briefing. CHAIRMAN COLETTA: Okay. If it's going to take a few minutes, why don't we take a break and come right back, and then we won't have to take a break at 10:30. Would that sound agreeable? Give him a few minutes to set up? (A brief recess was had.) MR. MUDD: Ladies and gentlemen, please take your seats. Page 44 February 13, 2007 Mr. Chairman, you have a hot mike. CHAIRMAN COLETTA: Thank you for being here, Paul. MR. SOUZA: My sincere pleasure. Thank you again for having me. It's good to see you all. I hope the new year is treating you well. What I would like to do today is to have a follow-up discussion with you on a question that was of concern, and that has to do with our panther consultation under the Endangered Species Act. I'd like to offer you a brief outline of our discussion. First I'd like to just quickly touch upon the wealth of natural resources in Collier County. I'd like to briefly describe for you the role that the U.S. Fish & Wildlife Services plays in the Endangered Species Act implementation. I'd also like to provide a little bit of context for you about this issue in particular, Florida panther conservation. I firmly believe this is the greatest endangered species challenge that we face in the country today, and I do believe also that we're all in this together in finding positive solutions. With that I'd like to focus on some keys to conservation success. I really believe that to be successful in this most difficult of conservation questions, we must find creative ways to work together, and I'd like to offer some ideas in that regard. I would like also specifically to talk about the issue that we discussed when I was here last, and that has to do with the panther consultation area. We did take a hard look at the most recent science that's available in an effort to help to clarify our process. In the end what we want to do is to provide a process that is very clear to people so that people have a sense for where panthers predominate, what type of projects will impact panthers, and how we can avoid and minimize those impacts, because that's really the key and central part of our job, finding a way to ensure that, despite the growth we're facing in Southwest Florida, in Collier County, in particular, we can protect enough habitat so this endangered animal Page 45 February 13, 2007 can persist. As you all well know, Collier County is blessed with a wealth of resources. There are many threatened and endangered species listed under the Endangered Species Act that my agency is entrusted to protect. This slide shows you three. The bald eagle, the Florida panther, and the manatee. I'm very pleased to say that the bald eagle is one of the most significant success stories that we've had under the Endangered Species Act. I believe my agency is now in the final stages of preparing information that will help us de-list this bird altogether from the endangered species list, a wonderful success story, and I really think it helps us all remember and focus on what is the most important goal, and that is recovering these species to the point where we no longer have to worry about them from a regulatory perspective under the ESA. The Endangered Species Act is a very unique environmental statute. It was passed in 1973. Its goal was to identify imperiled species nationwide and to set up a framework that will help to recover them. Again, de-listing them being the objective. A couple of the key provisions that I know are of interest to you are section 7 and section 10. These are the regulatory tools through which we review proposals that could have impacts on panthers and other listed species. Section 7 deals specifically with federal actions. For example, the Corps of Engineers has a significant role to play in Southwest Florida, and really all of Florida, because it permits development that occurs in wetlands so that federal action triggers the Endangered Species Act review. Section 10 focuses on private actions that do not have a federal nexus. So if somebody wants to do something that would have an impact on any listed species, we would review it under section 10 and complete something called Habitat Conservation Plan. Page 46 February 13,2007 The purpose of these reviews is to take a hard look at the proposal at hand, to consider the impacts of that proposal and its indirect effects in the context of the species' condition as a whole and make a conclusion about whether that particular impact and its related impacts will jeopardize survival and recovery. So, really, these tools are a safety net allowing us to maintain the species at current levels in an effort to use the other tools ofESA and the other partnership opportunities we have to recover the species. Just to provide a bit of context. I believe that Florida panther conservation is amongst the greatest challenges we face in the country. There are roughly 80 to 100 animals left in the wild today. That is a very small number. And I think it's critical to understand that this is an animal that requires a tremendous amount of territory. A male home range can span up to 200 square miles. So we're talking about an animal that requires really a significant amount of space in South Florida. Another point I want to focus on quite a bit today is vehicle collisions. One of the most significant causes of death for panthers is getting hit by cars. This is particularly a concern in Collier County, which I'll talk about in greater detail. Panther conservation keys for success. I see, quite frankly, some cynicism when I talk to people about the prospects for the Florida panther. And I am optimistic by nature. I personally have more hope than many I talk to, and I think it's because we have successes to be proud of. If you were to turn back the clock 10 short years, the Florida panther had maybe 20 or 30 individuals left. It was on the verge of extinction. Through some management activities and partnership with the State of Florida, we brought some Texas cats into the population. It was very carefully controlled so as to not swamp the genetic integrity of the panther. What we saw was a dramatic rebound, and the population has Page 47 ....~, ......... I' February 13, 2007 tripled. There are challenges associated with that, which I'll get to a little bit later, such as panthers and humans on the interface of panther habitat. Seventy-five percent of panther primary habitat is protected today. We have a strong foundation from which to work. Where we need to focus our efforts in South Florida is the remaining 25 percent that, quite frankly, is some ofthe most valuable real estate in the country. People want to live in this beautiful county, and beautiful Florida in general. We need to find ways to get the right balance and protect enough habitat to protect this animal. ESA consultation. This was the real point of focus of our last discussion. It became clear to me that people were questioning our previous consultation boundary. Our previous consultation boundary was, quite frankly, drawn in ways to make it clear where that line follows. It followed 1-75 for a significant portion of the panther consultation area. It followed water management structures when possible, just so it was very clear to people where that boundary fell. Since then we have obtained much better information that helps us understand precisely where panther habitat is, and that is what we reviewed in detail in part because of the attention you brought to this matter. In that old consultation boundary, we did see areas that had been developed. Naples, we know, has developed quite a bit over the past 10 years and will continue to grow. And what we sought to do was to help people clearly understand where that area that is most important is found today. We obtained the best available science, two papers in particular that were published in 2006, that delineated panther habitat and panther usage. Essentially what they did was look at aerial photographs and identify the vegetation in the landscape mosaic of habitat that panthers use on a regular basis. It also used radio telemetry. About 40 panthers of the 80 to 100 panthers that exist today have radio collars. This Page 48 February 13, 2007 means that they can be tracked periodically by our state partners. By overlaying where the animals predominate and the habitat, we were able to get a very strong sense for the most important places for panthers. I do want to be very clear, however, because I think there's a critical element that I want to be sure people fully understand. Panthers are a wide-ranging animal, and we have identified the places where they predominate, but it is also true that they move outside of these areas on occasion. Right now, for example, we have a panther that is found very close to the coast, and it is outside of the area that is designated as the predominant panther habitat or our panther focus area. Under the ESA, it is our job, it is our mandate, to protect these animals wherever they are found. And so when we have cases where the animals move outside of these areas, we still must take care to review impacts that potentially could affect them. That is simply our mandate under the statute. It's also important to state that we see impacts outside of the areas where panther habitat predominates and panthers are found that could impact panthers. The best case I can offer you in Collier County is that of traffic. I'm going to move to the next slide here to help paint a picture for you. What this slide shows is the panther focus area as defined by the best available science, in that pinkish hue, and you can also see the dotted line which represents our previous consultation boundary. The dots that you see represent where we have had panther mortalities from cars. And the best example I can give you that describes how traffic, generated even from outside of this area affecting panthers potentially, is road 951. On this map, road 951 demarcates the western edge and the southern portion of this panther focus area. We had a panther that was killed on this road in 2006. We had a Page 49 February 13, 2007 pan -- two panthers that were killed on this road in 2005. And quite frankly, it stands to reason, again, as I mentioned before, the panther population is comparatively strong today. Weare seeing panthers moving out into the fringes of their habitat, and that's where we have issues. That's where we see problems where that traffic comes into contact with panthers. The point I want to make sure is, projects that will increase traffic in or adjacent to the panther habitat area delineated here still must receive review. We must do our best to avoid and minimize those impacts and help to describe them in the context of the overall condition of the animal. Another wonderful example is Immokalee Road. You can see the list of points immediately to the east of the town of 1mmokalee. This is a key location where panthers have been impacted, not only last year, but since 2000. With a challenge lies an opportunity. We know that crossings for panthers are extraordinarily helpful. For example, 1-75 has a number of crossings that connect habitat south of 1-75 to habitat north of75. Florida Panther Refuge, for example, Big Cypress National Preserve, and state-protected lands, these have a record of success. Where we can find opportunities to retrofit existing roads where we know there has been a history of problems, we can help avoid a future impact, and that future impact is critical. When you only have 80 to 100 animals, every animal matters. In Collier County, just last year, we had six panthers that were killed on roads. Last year, 2006, marks the greatest number of panthers that have been killed on roads on record. We had 11 in total. This represents, arguably, more than 10 percent of the entire panther population. I think the gravity of this threat is very clear. 2005 and 2004 we had eight collisions in Collier County alone for panthers. I'm very close to reporting that there is a new piece of science recently published within the last couple of months that has identified Page 50 February 13, 2007 these hot spots, if you will, these places where we have had collisions in the past. This provides us a road map of where we might speak to retrofit existing roads with crossings. I would like us to consider -- I would be willing to lend my support to this effort -- developing some kind of a partnership agreement where we could identify funds, perhaps, through our regulatory process, that could be used to provide crossings in these key locations. I think this is a way we can partner and avoid a threat together. I think it's also critical to recognize that as development moves further to the east, when we have new roads moving into these areas -- and we know we will -- fitting them with crossings at the outset is critical. For crossings to be effective, it's more than just the underpass itself. We have to protect habitat on either side of that road, or else in five years, development will encroach upon that crossing and it will be rendered useless. Another key attribute of successful crossings is having fences that guide the animals to the underpasses so that they don't decide to cross a road in a place that's dangerous. Another partnership opportunity that I would very much lend my support to, we already have the vestiges of a beginning in this regard, very much thanks to the leadership of Commissioner Coletta. Because we have more cats than we've had in the past, because we have more development creeping into that habitat, we are faced with a situation where we could have more interactions between panthers and people. I believe it is incumbent upon us all to do our best to help the public understand common sense tips that they can employ to keep panthers from coming into their property to protect their livestock. We had what I believe was a very well-received public town hall meeting a couple of months ago in Northern Golden Gate, and we Page 51 February 13, 2007 helped people understand what they can do to avoid potential interactions. We have another one scheduled for Thursday in Everglades City, and I believe this is the beginning of a trend. I think we need to find more creative ways to reach out to people and help them understand how to live in this urban wildlife interphase. One idea that I would like to share with you and would very much love your feedback to see if we could partner in this -- we know building permits come through the county. Oftentimes my agency reviews proposed development actions that will impact these habitats. Is there a way that we can work with industry, work with the developing community and provide brochures that they could offer to potential homebuyers to help them understand that this is a wildlife interface, that there are steps we can take to help keep panthers away from our property. I will say this is a process that has yielded real benefits out west. A friend of mine moved to Colorado recently, and when he walked around neighborhoods with his realtor, it was a common subject that there are mountain lions in the area. We need people to understand that when they purchase homes in these locations, there are wildlife realities, and equip them with information they can use to keep panthers out of their property when possible. I will say this is very timely. I was very pleased to see Governor Crist showing leadership on this issue. Recently he announced that in his budget he has offered to have a public affairs officer that would help people address issues when panthers come into their neighborhoods. This person would be dedicated basically as a communication source to the people of Collier County and elsewhere where panthers may be found next to residents. On my end, I very much would like to show leadership on this as well. I very much would like to hire a public affairs officer that will work on this at least in good proportion. I cannot commit to it yet because of budget issues, but it is something I sincerely hope that I can Page 52 February 13, 2007 make happen in the near future, adding to that state level commitment. It is my hope that these are a couple of small steps that we can take together to help people live in the urban wildlife interface successfully. I do want to applaud the leadership you've shown in the past on this idea of a Habitat Conservation Plan in Collier County. I know that you have a working group that is still hard at work to sift through issues. I want to reiterate our commitment to this process. We have continued to be a regular contributor toward finding whatever solution might work for the county. It is not my role or our agency's role to impose that on the county, but I do believe it is our role to help provide information that you all can use to make the decision that works best for the people of Collier County. A multi-species Habitat Conservation Plan that identifies where growth is going to occur, that identifies the potential impacts to panthers and other species will allow us to do the up-front work to identify what would need to happen to offset those impacts. It would provide a number of benefits, as we've seen in some places, that I think could be very welcomed in Southwest Florida as well. For example, by completing this up-front work, by looking at the big picture, we can help streamline the process later on. The standard process follows in a project-by-project review. And as a result, when the new project comes to the floor, we deal with it. If we can look strategically together at the future, I think we can do a better job of helping to do the up-front work necessary, to do the conservation work necessary, so that five years down the road when, quite frankly, the regulatory environment may be significantly tighter, every time panther habitat goes away, I think it makes the remaining panther habitat that much more significant. So by focusing early, by focusing now, we can help to provide assurances in the future that will allow the needed development that Page 53 February 13, 2007 we all recognize move forward in a way that's consistent with panther conservation. I hear from industry all the time, what they're after is a clear understanding of what the rules of the game are. They want to know early in the process what the expectations are. They want to know that we are going to complete our review in a timely fashion. So an HCP is one way where we could help to provide that surety for the people of Collier County. Again, ultimately, this is the county's decision, but I stand here prepared to provide whatever information I can to help you make whatever decision you choose. CHAIRMAN COLETTA: Okay. I'm going to -- we have a number of commissioners that wish to speak, and I'm going to ask my fellow commissioners to please keep their questions limited to three at one time, then we'll come back to you so we can keep a rotation going, because there's a lot of people that want to speak. First Commissioner Halas, them I'm going to take the opportunity to speak after Commissioner Halas, and then Commissioner Fiala, then Commissioner Coyle. COMMISSIONER HALAS: I guess I have three questions, so I better make sure I phrase these correctly. You talk about leadership. If you could do me a favor, could you go back to the slide that was in the beginning of your presentation on the historical area that the panthers roamed. MR. SOUZA: Be happy to. COMMISSIONER HALAS: Okay. Go all the way back. There we are. Isn't it interesting that you represent the U.S. Fish and Wildlife, okay? You're telling us that it's our responsibility to come up with the funding to protect these animals. Let me tell you, I'm probably one of the biggest conservationists on this board, but I'm going to tell you something. It's not left up to us. If you want to preserve them animals, it is up to the U.S. Fish and Page 54 February 13, 2007 Wildlife to either go out and purchase the lands that they need to protect so that they take that -- those lands out of production for development. And you owe the people that own those lands the right to go out there and buy that land or else let them take -- let them build, and you have to figure out the solution to these panthers. If you look at this whole range, nothing was done by the U.S. Fish and Wildlife until they got down here to Southwest Florida, and now it's our problem. Sir, I got a problem with that. I think that you got to step up to the plate and open up your wallet. Thank you. CHAIRMAN COLETTA: Well, that was great. I didn't hear three questions, but we're going to cut you off there and go right to -- COMMISSIONER COYLE: That's enough. CHAIRMAN COLETTA: -- myself. That was very passionately said. Paul? MR. SOUZA: I'd be happy to comment, if you'd like, or otherwise we could go to questions. CHAIRMAN COLETTA: Well, I don't think it was a question. I think it was more of a comment. So why don't we just leave it at that for the moment and then later I'm sure you'll have -- COMMISSIONER HALAS: See ifhe's going to come up with some money. CHAIRMAN COLETTA: Well, that's true. Now, one of the things I did find encouraging in what you did say is you did mention funding coming from your department. And that's wonderful, and we're going to be going to Washington very shortly, Commissioner Halas and myself, along with members of staff and some -- one member from the City Council of Naples. One of the things I'm sure we're going to be asking about is how we can possibly fund to protect this national treasure from the national treasury rather than to become the burden for the residents solely of Collier County. Page 55 February 13, 2007 And, you know, everybody here, I think, wants to see the panther thrive, they want to see it be successful; however, you know, we're also concerned about our ability to be able to meet the needs of our population. Such things as roads. It's a big thing, and I appreciate you're getting a little bit closer, where we need to be, on this Habitat Conservation Plan. I've been one that's been very critical in the past about it, and I have to tell you that I'm still -- I got reservations. It would be -- my problem is the fact that I don't want to see it open ended where all of a sudden somebody can come in and identify some small little plant or reptile or something that may exist that's slightly different than the rest of it, some small microcosm that existed everyplace in the world, and use that for a reason to be able to stop a needed road that has to serve Collier County. There has been some examples. And I'm very concerned about the town of Immokalee. We'd had an effort going forward there for years to try to bring this place up by the shoestring. We've been doing a hand-up to them, not a handout, trying to get them going, finding all sorts of incentives to make it work. And recently we lost out on a large plant coming in. Because of the panther study that had to be done and mitigation that was going to take forward (sic) and the length of the study, they gave up and the whole thing went away. Now we have Habitat for Humanity who's trying to provide affordable housing right there next to Farm Workers Village, and we're being told it's going to be $5,000 per unit for them to be able to proceed to be able to pay for panther mitigation. Paul, this is the problem. We've got to be able to somehow come to some great understanding on this to get this from point A to point B in a meaningful way. I do like the idea of a public affairs officer that's going to be working at all times with the public and taking the ideas back and Page 56 February 13, 2007 forth to try to get things going. That's a positive note. Meanwhile, we do have some people from Immokalee. I know they're going to want to speak, so I'm not going to elaborate any more on that. From that, we're going to go to Commissioner Fiala, then we're going to go to Commissioner Coyle. COMMISSIONER FIALA: Yes. My question just was concerning the Immokalee Airport. And that was a devastating blow to us here. There's a huge swath of land all fenced in, nothing can get in there at all and yet we aren't able to move forward with an initiative that was very important to that community. And I was wondering what you are going to be doing to address something like this in a more reasonable and responsible fashion. MR. SOUZA: Well, I think that's a wonderful question and, quite frankly, it is not clear to me that my agency's action was the cause of that regrettable departure. Nonetheless, I will tell you that we are committed to moving forward with our reviews as quickly as possible. And I encourage you, if there are issues that you believe on a specific project are being troubled, are slowing down the process, to call me. Quite frankly, it wasn't clear to my office that this was an issue with Immokalee Airport, and I think that if we could turn back the clock, our agency could have, perhaps, done something differently. Again, it's fundamentally not clear to me that our action alone was the real issue there, but I do not mean to pass blame. I am prepared to work through issues in the future if there are timeliness questions that people are concerned about. I just urge you to call me, have someone at the county call me, and we can work through issues together. CHAIRMAN COLETTA: Also members of the chamber of commerce and the master planning committees all can communicate with you. We know that, Paul. We appreciate you keeping the lines Page 57 February 13,2007 of communication open. Commissioner Fiala, I'm sorry. Are you -- did you finished? COMMISSIONER FIALA: Yes. CHAIRMAN COLETTA: I didn't mean to -- COMMISSIONER FIALA: No, no. CHAIRMAN COLETTA: I didn't want to cut you off. Commissioner Coyle, then we go to Commissioner Halas and then Commissioner Henning. COMMISSIONER COYLE: Okay. I'll try to be briefer than the other commissioners. CHAIRMAN COLETTA: You'll try. COMMISSIONER COYLE: I do have a -- COMMISSIONER FIALA: That was pretty brief. CHAIRMAN COLETTA: You were the champion. COMMISSIONER COYLE: -- brief statement, and then I have exactly three questions, which I'll give you all at one time and then let you deal with it. I am very encouraged by the things you have had to say. I am encouraged that you have come here to work with us on the solution of a very, very difficult problem. You understand that Collier County, through our Growth Management Plan efforts, has already preserved over 100,000 acres in Collier County of environmentally sensitive land and that now the total amount of Collier County that is permanently preserved from development exceeds 80 percent. There's not much more we can do to increase the habitat that is available to panthers. So here are the questions. Number one, the Fish and Wildlife Service frequently issues take permits based upon the health and viability of the species on a statewide or national basis, yet we have species in Collier County we want to protect even though there might be plenty of them in other areas. How do we deal with that? Secondly, since we don't have any more land we can purchase or buy Page 58 February 13,2007 __ I mean, we're doing it all the time. We're taking land out of the development cycle, but we don't have huge amounts of land to contribute to panther habitat. So rather than us having to spend lots of money in mitigation for land somewhere that has, perhaps, marginal benefit, can we use that money to build underpasses for panthers to avoid the traffic on the roadway, which appears to be the significant issue? So rather than spending our money on something that has only marginal benefit, can we spend our money on something that has a substantial benefit in reducing the number of deaths of panthers on the highways? And number three, we're involved in the Habitat Conservation Plans, as you've indicated, but we're also involved in developing Watershed Management Plans, and these plans have to be coordinated. It is going to take us a long, long time to pull together plans for all of the protected species. Now, we were starting to do this incrementally so we'd get something on the ground quickly, and your agency discouraged us from doing that, so now we're working on all protected species. Very, very difficult problem. It's going to take years and years before that gets to be a reality. So I'd like for you to respond to those three questions, if you would. MR. SOUZA: I will do my best. If I forget one, please -- COMMISSIONER COYLE: Okay. I'll refresh your memory. MR. SOUZA: Your first question had to do with protecting the wealth of other natural resources in Collier County. I will tell you I firmly believe that the best way to conserve any resource is to do so before it's imperiled, and I believe that this is the way we get the greatest conservation gains. The Endangered Species Act was created to deal with the species that really are in the direst condition, and this is the wrong time to be Page 59 February 13,2007 focusing on another issue. If we could have thought strategically back when the panther was in its entire range and created a network of protected lands, we wouldn't have been in this position. My agency is entrusted with helping to protect a host of resources; threatened and endangered species is one subset. In South Florida, the area I manage has 68 of them. It takes a lot of our time because it's very litigious and it just is, quite frankly, difficult. We face these difficult questions like the panther in other parts of South Florida as well, although the panther, I believe, is the most challenging. My agency can provide you technical assistance for other national resource conservation. We work hand in hand with the State Florida Fish and Wildlife Conservation Commission which also can do the same. So I guess I would submit to you, if we can help you, if you're interested in conserving other species as well above and beyond threatened and endangered species, I say, thank you for that leadership and let me know how I can help. CHAIRMAN COLETTA: Okay. COMMISSIONER COYLE: You didn't get to a number of the questions, but I'll just restate them, and if during the course of our discussion today you can answer those, it would be helpful. The issue about contributing any mitigation that we might be contributing specifically to building underpasses under the roads for panthers rather than buying some parcel of land somewhere, that has only marginal benefit, if that. MR. SOUZA: I think that this is an option that we can consider. I think that in specific cases, yes, along the lines of the idea that I mentioned, perhaps, we can develop an MOA that would allow a crossing fund to help retrofit these other existing roads where we've seen impacts. I do want to state, however, that habitat loss is the greatest threat. And I hear what you're saying, 80 percent of Collier County being Page 60 February 13, 2007 protected and 20 percent left potentially to be developed. I think we need to think strategically together about the remaining places that really are most important. About a year ago a study was completed that helped to identify the panther dispersal corridors that basically are the common paths that panthers take moving from the southern part of the state up into Hendry County north of you and up to the Caloosahatchee River. I think we need to sit down together and identify those areas that are absolutely most important and focus our energy on those places. COMMISSIONER COYLE: I think we have done that with our eastern land stewardship area. I think all that was developed with the panther migration patterns taken into consideration. We used the data that was available at that time. But that's -- thank you very much, Mr. Chairman. CHAIRMAN COLETTA: Commissioner Coyle, thank you very much. What we're going to do is, I want to just keep us on schedule. We've got an 11 o'clock time certain. We're going to continue to the end. We've got three people we're going to allow to speak for three minutes maximum. Commissioner Halas, then Commissioner Henning, then after the three speakers, if you feel the need to make a final comment for closing, then we'll do it at that time. So Commissioner Halas, you're next, then Commissioner Henning. COMMISSIONER HALAS: I just want to say that, obviously you've already heard that we're looking at a bypasses road around Immokalee, and we're already running into some problems. I think the way to solve that problem would have that road elevated, but obviously we can't exp -- we can't afford all the expenses, so I'm hoping that through a working partnership, as you've recommended, that there'll be some federal funding coming forward so that we can build this highway and that the funds will come at a Page 61 February 13, 2007 very rapid rate here and we can address this concern and make sure that the highway is totally elevated so that we don't have any blockage for the animals and we don't have to worry about putting up fences. So I would hope that you understand that we need to get this bypass road around Immokalee, 80 to 29, and that anything that you can do to help get federal funding down here so that we can address this. We can't burden this whole thing by elevating the highway ourselves. We're here to work with you. You said it's a partnership. So I'm looking forward to those dollars coming down to address our concerns down here so that we can protect the wildlife, the panthers. CHAIRMAN COLETTA: Very well put, Commissioner Halas. Commissioner Henning? COMMISSIONER HENNING: Well, thank you. What I heard was a -- an opportunity to partnership with the Fish and Wildlife to identify where these overpasses need to go, and I think that would be a great tool to have, not only for transportation, but also requests for land use changes that would affect a roadway crossing as needed. I'm all in favor of that, and I hope before we end this consideration that we can get there, and it is going to be a work in progress of an interlocal agreement or a mutual understanding, and it's going to be a benefit to -- the panther's not going away or the Texas cougar, or whatever you want to call it. It's not going away from Southwest Florida, so let's deal with it and make it a positive for our citizens and community. That's it. CHAIRMAN COLETTA: Thank you, Commissioner Henning. That was very well put too. Would you please call the first speaker. MS. FILSON: Jennifer Hecker. She'll be followed by Fred Thomas. CHAIRMAN COLETTA: Please state your name for the record. MS. HECKER: Good morning. Jennifer Hecker with the Conservancy of Southwest Florida, and I'm here today to represent the Page 62 February 13, 2007 Conservancy and our over 6,000 members. First I'd like to commend the U.S. Fish and Wildlife Service for all their efforts to protect this critically endangered species; however, we are concerned, and we're here to express our serious concerns, with the revised consultation boundary. The consultation boundary was originally intended, according to a U.S. Fish and Wildlife Service 2000 letter, to quote, map the best available and most recent information regarding existence and location of the Florida panther, however, the revised consultation boundary does not include many areas that panthers have been documented to be present. This should be noted in -- that also, this is in light of -- that the presence data only represents about, currently, a third of the population of panthers that are radio collared. It's accurate, but it's a partial map of presence of Florida panthers in Florida. Anywhere -- any area that panthers have been documented to be present or a project within these areas has the potential to, in fact, affect the panther; therefore, under the Endangered Species Act, consultation should occur in all of these areas that panthers are documented to be present. Additionally, the Endangered Species Act requires consultation to occur where indirect or cumulative impacts might occur. This is such as road expansions or the like. While we agree that panthers are not likely to use heavily populated areas, panthers are likely to be impacted by increased activity in these areas if panthers -- if there are patches of suitable habitat present or if panthers have been documented to be present; therefore, the Conservancy believes that the consultation boundary would need to be greatly expanded based on best available science and all data of presence in order to be compliant with the Endangered Species Act. Furthermore, we believe that Collier County is fortunate to have Page 63 February 13,2007 these critically endangered species present in our county, and we in Collier County share in that responsibility to responsibly steward the panthers' habitat and to ensure that activities we permit do not further jeopardize this critically endangered species' sustainability; therefore, we'd ask for your support, your continued support in doing this. Thank you very much. CHAIRMAN COLETTA: Thank you. MS. FILSON: The next speaker is Fred Thomas. He'll be followed by Richard Rice. MR. THOMAS: My name is Fred Thomas. Fred N. Thomas, Jr., from Immokalee, and I'm also, as many of you know, a wildlife photographer. And you all -- many of you have seen my panther pictures. In the early '90s we changed the ecology of Collier County. We changed it very significantly by building, putting in, orange groves, most of them in the Immokalee area east of 29, ranging from the Hendry County line all the way down to 858, and even below 858 east of29. There's a couple of them that are west of29. Many of them have been impacted by canker in the middle '90s and have been changed to where you grow grass -- sod farms -- sod farms, and a lot of the stuff that was Ave Maria was all full of canker. Now, what is the significance of all these orange groves, and how did they change the ecology? They changed the ecology because those fruit trees attracted the wild pigs. Easy fruit, easy eating. Those trees that are kept short by the farmers so they can be easily picked have fresh young leaves for the deer. They have been attracted to these areas in significant numbers, and the panther followed them because that's their food supply. And the reason why you have some attacks in the southern Golden Gate Estates is the lack of their food so they've impacted some of the domestic animals. We need to understand that. Fish and Game and the rest of the folks that are concerned about this Page 64 February 13, 2007 need to come up with some new tracking things so we can see what's gOIng on. And I support very much what Halas said, I think it was Halas, that we need to have elevated roads. The elevated roads do two things. Not only does it protect the panther, but you give some drive-offs where people can enjoy the environment from above without bothering them. I mean, we put a bridge across the mouth of Chesapeake Bay so people could enjoy the environment across the bay. We can do the same thing down here. I mean, if we do these other crazy things, we can do that. Thank you. CHAIRMAN COLETTA: Thank you. MS. FILSON: Your next speaker is Richard Rice. MR. RICE: Yes. I'm Richard Rice, the Executive Director of the Chamber of Commerce in Immokalee. One of the things that concerns me is -- and I do commend you commissioners for thinking about the growth pattern that's going to be continuing eastward, and it's going to affect Immokalee over the next few years. We have to be prepared for it, and the time to prepare for it is now. We need to be laying the groundwork that will allow this growth to come in a good manner and not have to be playing catch-up later on. We've talked about the bypasses. Fish and Wildlife has already come out in opposition of that bypass road because of the endangered species. I'm concerned about another endangered species that hasn't even been mentioned, and that's that migrant farmworker that gets hit as those trucks go through our downtown area. We have people that are maimed and killed because the truck traffic is continuing to go through our downtown area and it should be going on a bypass. That's one of my concerns. Page 65 February 13, 2007 Again, I commend the commissioners for your thought -- for your forethought. We welcome your input. We'd like to see a partnership. We'd like to see it come out ahead of time instead of against it right from the start. Thank you. CHAIRMAN COLETTA: Thank you very much. That concludes the speakers? MS. FILSON: Yes, sir. CHAIRMAN COLETTA: Okay. Final comments, going down the line, if you wish to speak again. Commissioner Henning? COMMISSIONER HENNING: Yeah. Let's just give direction or ask the U.S. Fish and Wildlife to send a -- some sort of agreement like was spoken and also identify the needed underpasses and send it to the county commissioners so we can get it to our staff and see what we can do for the future being proactive. CHAIRMAN COLETTA: Paul, you want to comment on that? MR. SOUZA: I'd be happy to do that. CHAIRMAN COLETTA: Okay. That sounds like a wonderful first step. There's a lot more to be done, but that's a wonderful first step. Also I'd like to see you, on your own, take on working with the Immokalee Master Plan and the EDC in Immokalee to see what can be done in the long-range plans that are taking place there, get right down to the grass-roots movements that are there and make it happen. Possibly they may be able to schedule you in at one of the future meetings to be able to make a presentation and start a working relationship. I'd like to see the ideas come back through them to us, myself. Then again, too, any comments you can give to the commission directly would being very much appreciated. Okay. With that, we're going to move on to the next item. COMMISSIONER COYLE: No, my light was on. Page 66 February 13, 2007 CHAIRMAN COLETTA: Oh, I'm sorry. I didn't see it. No, it's not on so you can't. COMMISSIONER HALAS: Well, you said you were going to give each of us a comment. CHAIRMAN COLETTA: There you go. It's on now. Go ahead. Well, you've got to push the button. If you're not quick enough, you're not going to get to do it. COMMISSIONER COYLE: Am I to understand that you're proposing pulling back the original panther consultation area; is that what this diagram is intended to convey? MR. SOUZA: What the diagram conveys is our panther focus area. COMMISSIONER COYLE: Yes. MR. SOUZA: This is the place, based on the best available science, where panthers predominate and the habitat conditions generally support panthers. I do want to be clear, however, projects that are outside of that panther focus area that will impact panthers, whether it be that panther that ventures outside of that area -- and we see it happen on occasion. There's a panther, as I mentioned, right now along the coast -- or when projects will have indirect effects outside of that area, in particular for Collier County traffic. We have to review those projects because that's a measurable impact under the statute that we must do our best to document, analyze and see how it will impact the overall population. COMMISSIONER COYLE: We need to pin this down. This is very, very important. You will recall that our original concern was that we were being required to spends hundreds of thousands, if not millions, of taxpayer funds mitigating areas where no panthers had been seen in many, many years. Am I to conclude from your answer that we're going to have to continue doing that? Page 67 February 13, 2007 MR. SOUZA: There will be a case-by-case review based upon the merits of the specific project outside of that panther focus area. If it's within the panther focus area, it's very clear. If it's not, it will depend on the actual impacts of that proj ect. If it will generate traffic that will have a measurable impact on panthers, we must review it under the statute. COMMISSIONER COYLE: Okay. You're saying to me that the consultation area is not going to be changed? MR. SOUZA: Well, what we've done, again, is clarify that boundary. I think there was an understanding that everything within that previous boundary required compensation for impacts. What we've done is clarified that. The answer is, no, that's not the case. The answer is, if it's within the panther focus area, in all likelihood, yes, there is an issue. If it's not, it will be reviewed on a case-by-case basis based upon its specific impacts, and there may not be an issue, it may not be likely to adversely affect, is the nomenclature we use, but there may be a measurable impact, again, in urbanizing areas based on traffic that could bring more traffic to 951 or bring more traffic to Immokalee Road. And in that case, we would review it. COMMISSIONER COYLE: Well, I'm still trying to get to the point of whether or not we're going to be obligated to pay mitigation fees in those areas. Let's use this particular panther that is roaming through East Naples and over to Keewaydin Island. This is a relatively new occurrence. This panther might be gone in another six months. Now, what are we supposed to do in the interim? Does that mean that anyone who wishes to build a home or any road that we wish to build in East Naples must be reviewed from the standpoint of mitigation? MR. SOUZA: It does not necessarily mean from the standpoint of mitigation. What this boundary is, first and foremost, is a guide for the Corps of Engineers. When the Corps of Engineers or any federal Page 68 February 13, 2007 agency will have impact that will be in that panther focus area or could impact that panther focus area or known sightings of panthers, they forward it to us for review. In the case of the panther that's down along the coastline, we would review the proposal at hand, and we would have to make a judgment based upon an analysis if we thought it would have an impact. In many respects, probably the answer is, no compensation necessary because all scientists believe that that animal is simply spending some time there and is going to move back into the panther focus area at some point in the future. But we must review it under the statute. The panther is there, and we have to, under the ESA, consider whether that specific proposal will have an impact that's measurable. COMMISSIONER COYLE: That panther is outside of the consultation area as it is currently defined. Are you saying to us that if there is a panther that goes outside the consultation area, that all developments or all changes in use of property and all building of roads and streets will be subject to Fish and Wildlife review when a panther goes outside even the defined consultation? MR. SOUZA: If a panther -- yes. If a panther is outside of that panther focus area and we have a record of it, we must review it. The question of compensation is fundamentally separate. We have to review the merits of that proposal and the specific impacts and determine whether we think it will rise to the level of measurable harm. COMMISSIONER COYLE: Let me say to you that I think you're getting us all into a lot of trouble. When the time comes that the people begin to feel that they are being inordinately burdened for the protection of a transient animal, you're going to find major resistance to preserving the panther at all. Now, we have to recognize one thing. There's a limited amount Page 69 February 13, 2007 of land that we can preserve in Collier County for the panthers. It's not going to expand much more. And we're doing everything we can to protect that land here. If we make it more burdensome upon the taxpayers of Collier County, you're going to find less and less support for any kind of panther preservation or protection program. We need to get this very clearly defined, because if you're telling us that every permit right now for building a home or any road building we're doing in East Naples or any public works development we're doing in East Naples now has to go to the Fish and Wildlife Service for review, which could take a long time -- we've seen that happen -- there is going to be a substantial reduction in a commitment to preserve space and everything else for the panther. CHAIRMAN COLETTA: And I'm sorry. Let me help a little bit with this. You did offer to try to give the county that jurisdiction to be able to do it, and we're going to try to work towards that end, or at least look at the possibilities, which is a great way to get there. Is there any -- COMMISSIONER COYLE: I didn't get that. I didn't hear that at all. MR. SOUZA: May I make one comment, Commissioner? COMMISSIONER COYLE: Yes. MR. SOUZA: I fully appreciate what you're saying, and, quite frankly, this process that we have embarked on over the past six months in partnerships since the last time I was here was meant to help clarify this issue. Where that boundary fell before, clearly, areas developed since that time. What we have tried to do with this is use the best available science, based on 2006 information to help us understand clearly where the focus areas are going to be. Yes, there might be a case where a transient animal moves outside of that area, and the degree to which compensation would be required if the project does not have measurable impacts from traffic, Page 70 February 13,2007 for example, on that focus area, is going to be minimal. I don't want you to leave with the impression that if an animal travels significantly far away from this panther focus area, that it's going to result in a six-month review process. That's not necessarily the case. It is the case, however, if we have a project that is going to increase traffic on 951 where we know there have been panther mortalities recently, we have to consider that in detail. COMMISSIONER COYLE: We have projects every day on 951 that are increasing. Are they being reviewed by Fish and Wildlife? MR. SOUZA: Yes. COMMISSIONER COYLE: All of them? MR. SOUZA: Well, the ones certainly with a federal nexus or the Corps of Engineers permit. COMMISSIONER COYLE: Well, this is not clear to me. I did not get what Commissioner Coletta said, that you will negotiate an arrangement to let us make these decisions. I haven't heard that anywhere. CHAIRMAN COLETTA: Wasn't that that Habitat-- MR. SOUZA: Yes. CHAIRMAN COLETTA: -- Conservation Plan that was going to supposedly get us there if we could ever agree to that? MR. SOUZA: Precisely. COMMISSIONER COYLE: Well, that's years away. That's years away. You're not going to have those plans put together anytime in the near future. It's going to take a long time for those things to be put together. What do we do in the interim? Okay. I've belabored that. CHAIRMAN COLETTA: And you've brought up some good points. We don't have the answers. We're hearing the same thing over and over again so we can understand it. We might want to look at bringing this back again in another four months or so to see what has changed and what -- maybe some of these concerns were addressed Page 71 February 13,2007 where we start working towards that, and I'll leave that up to you if we get through it, Commissioner Halas. Commissioner Halas -- COMMISSIONER HALAS: Thank you very much. CHAIRMAN COLETTA: -- go on. COMMISSIONER HALAS: All I have to say is that we're here to work with you. But if you want us to abide by all the rules and regulations and it's going to be a burden to the taxpayers of Collier County, I expect you to come here -- part of the partnership of the interlocal agreement is going to be with a blank check to help us, okay? CHAIRMAN COLETTA: And with that, would you like to see this reviewed again in another four months? COMMISSIONER FIALA: Yes. COMMISSIONER HENNING: Commissioner? CHAIRMAN COLETTA: Yes. COMMISSIONER HENNING: Why don't we -- it sounds like we're going to get some kind of an agreement. Why don't we have the staff take a look at that. Also, it sounds like you could provide us a map where underpasses are needed. Boy, what a great planning tool. This is in the making of partnerships, so it's going to come back to us through some sort of agreement with the assistance from the county attorney and county manager. I wouldn't give it a time frame. I would just say, let's do whatever we can to make a workable document that we can move forward with. CHAIRMAN COLETTA: Okay. That sounds like a wonderful idea. The only reason of a time frame is it makes people have an objective to try to reach a place and time so that we can get it done. That was the only reason I was suggesting four months. COMMISSIONER HENNING: Well, we can't direct the agency to give them four months to bring it back, I wouldn't imagine. They're going to get it back. Page 72 February 13, 2007 CHAIRMAN COLETTA: Okay. Do you want a report in four months, wherever it is in the process, or do we just want to leave it up to whoever is dealing with it to bring something back at a final point in time, wherever it is? I'd like to hear something in four months, myself. COMMISSIONER HENNING: Okay. And I think we could do that through the county manager's correspondence during a regular meeting, if we had information given to us. And, the thoughts of staff and the county attorney. CHAIRMAN COLETTA: Well, if we were going to do it with correspondence, it's going to be limited, it won't be two-way, I would suggest that you get that -- COMMISSIONER HENNING: However you want to do it. CHAIRMAN COLETTA: I would suggest if you want to do correspondence, two months, then we can direct the county manager at that point in time suggest correspondence, then direct the county manager at that point in time what to do as far as an additional workshop or to bring it back during the regular BCC meeting. That's my thoughts. What's the thoughts of this board? COMMISSIONER COYLE: That's okay. COMMISSIONER HALAS: I don't think we need a workshop. I just think we need another report back. CHAIRMAN COLETTA: Okay. COMMISSIONER FIALA: And I like the idea of time limitation. People have to step up to the plate then because they know when the reports are due. COMMISSIONER HALAS: They might. CHAIRMAN COLETTA: Okay. So you'd like to see a time limitation on it, four months, three months? COMMISSIONER FIALA: Four months is great. CHAIRMAN COLETTA: Paul, I mean, we should be able to have a draft copy available before four months, I'm sure, at least some Page 73 February 13, 2007 direction on this, and then we can come back and discuss it at that time or through the county manager's office, present it to us for our comments. Okay. With that, Paul, thank you so much for being here. Do you have any final closing comments? MR. SOUZA: I just want to say, thank you again for taking the time to focus on this very difficult issue. It would be my pleasure to move these documents forward. I sincerely hope that we can even broaden our partnership to these new ideas we've discussed today. CHAIRMAN COLETTA: And we're looking forward to working with you. MR. SOUZA: Thank you. CHAIRMAN COLETTA: Okay. Now, we have an 11 o'clock time certain that we're going to go right to. I don't think we're going to make the 11:45 time certain, the way it looks now. We'll see what-- how this develops. Item #10E RECOMMENDATION TO APPROVE COLLIER COUNTY'S FISCAL YEAR 2008 FEDERAL LEGISLATIVE AGENDA- APPROVED W/CHANGES MR. MUDD: Commissioner, that brings us to item 10E, 11 a.m. It's a recommendation to approve Collier County's fiscal year 2008 federal legislative agenda. Ms. Debbie Wight, Assistant to the County Manager, will present. MS. WIGHT: Good morning, Commissioners. Debbie Wight, Assistant to the County Manager. You have before you a recommendation to review the projects proposed for Collier County's fiscal year 2008 federal legislative agenda and determine which will be presented to the congressional delegation in Washington, D.C. for Page 74 February 13, 2007 federal funding consideration. The executive summary is four pages. I don't know if you have had a chance to review all the projects. There's a list of nine of the county projects in prioritized order based on our lobbyist recommendation. Here today is Valerie Gelnevatch (phonetic), our Lobbyist Representative, if you have any questions on that recommendation, and we also have the city's projects list of five, and City Councilman Gary Price is here with us today if you have any specific questions on those projects. You also have as attachments briefing sheets on specific details of those projects. We ask that you make a decision on which projects you would like included on our list. And that being said, do you have questions on the executive summary? CHAIRMAN COLETTA: Well, Commissioner Fiala first, then Commissioner Henning. COMMISSIONER FIALA: I was just wondering if we asked Marco Island if they had anything to add to it, the City of Marco Island? MR. MUDD: No, sir. No, ma'am, I'm sorry. COMMISSIONER FIALA: That's all right. It's hard to tell the difference. MR. MUDD: No, ma'am. But I made a mistake before. This is a direct response to the joint city/county workshop where it was brought up during the workshop that we tried to incorporate the city's -- the City of Naples issues into -- into the county's priorities. COMMISSIONER FIALA: Okay. Thank you. MR. MUDD: It does -- it does make it interesting -- it does make it interesting for our lobbyists because the lobbyists work for both cities and counties. But in this particular case, we have -- we have the unincorporated portion of the county affecting some things in those Page 75 February 13,2007 municipalities adversely in some regards. And if the City of Marco had an issue where they wanted federal funding, we would accept that and we would bring it forward to you on the list. We don't try to not take what folks have. I mean, we had 33 items came up, one of which was the Gordon River dredging which came up through staff through the environmental staff of the city with Gary McAlpin as your coastal advisor all the way along the coast, and that came forward and was processed right along with the whole issue. It just so happens that project is not only in your county list, but it's also in the City of Naples list. One of the items on the City of Naples list, I will -- I will bring out. And I had this conversation with Dr. Lee vis-a-vis email, and I'm going to put up on the visualizer something you don't have in your packet, not to complicate, but to try to get at a particular issue. All of those proj ects that you see on this list have to do with Naples Bay and in some way trying to make Naples Bay better. If you look at those proj ects -- and I tried to lay this out for Dr. Lee last night. I said, if you lay those projects out and you put them on a laundry list and say okay, this is what you get, what you get from each one of the congressmen -- and they only have one that represents them, and that's Congressman Mack, or from a particular senator-- and they've got it merged together, House and Senate in order to get it -- you'll get some part of that particular project. So if it was -- you said you wanted $3 million for the broad area south linear park and you had that whole list, you might get Congressman Mack and/or the senator to get you half a million dollars for that particular piece, and you won't get any other money because you've tapped out what he can put on an earmark. And that makes it very difficult to get through a $25 million project. At that rate, if you're working the federal side of the house, you're going to be out 75 or 80 percent of the cost of the project in your municipality, you're in the county, and you're only going to get Page 76 February 13, 2007 about a 20 percent cost share with the feds. If you can get the proj ect authorized -- this is important. If you can get the proj ect authorized in the federal system, okay, and you go through that authorization, then the whole project and its synergistic parts, some of which are itemized on this list, all become eligible for a 65/35 cost share; 65 percent being paid by the federal government and 35 percent being paid by the municipality or the county. So you get a bigger cut of that $25 million pie coming from the federal side, and the federal side will give it to you, okay, in larger doses. And it won't be held against Congressman Mack's eligible earmarked money and/or Senator Nelson or Senator Martinez's earmarked money that they have. And so it's important that you realize that especially in that project. Now, you have a project on your list called the Gordon River dredging. Gordon River dredging was dredged by the Corps of Engineers some years ago. It is a federally authorized project. That means the feds have responsibility for O&M. If you looked at that list, the federal-- Ferguson's breakdown of the federal budget, you go to the Corps of Engineers, you'll notice that the Corps of Engineers O&M has been increased by 25 percent over where it was last year. So there's a good opportunity here that you'll get all $3.3 million out of the feds to dredge that project with little or no cost share from the local sponsor because it is a federally authorized project and they have an O&M responsibility because they've done it before and they'll do it again, and it comes under the Small Harbors Act. So that's an important facet. What I would recommend in the Naples Bay project, instead of approving that project, approve it as an authorization that we go after the authorization and go after the bigger bite of the apple so that we can really get something for our money and get some of our taxpayer dollars back. Page 77 February 13, 2007 So my recommendation is that you get eight appropriation projects and you have one authorization. The one authorization project you're looking for is the Naples Bay cleanup issue of which this is a list. COMMISSIONER FIALA: And I totally agree. I think we have to do everything we can to get as much money as we can towards the Naples Bay cleanup. This is so vitally important to the City of Naples and to the entire county. So thank you for that advice. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Deb, is this the -- this is the third year hiring a lobbyist in Washington? MS. WIGHT: Second year, sir. COMMISSIONER HENNING: This will be the second year? MS. WIGHT: Yes. COMMISSIONER HENNING: And what did we get last year in those efforts? MS. WIGHT: Last year, sir, in FY -'07, we gave it -- there's an explanation that -- on the executive summary. We did not get any funding. There were -- there was $850,000 in earmarks in the -- in three house bills. Unfortunately the earmarks did not -- COMMISSIONER HENNING: Right. MS. WIGHT: -- result in funding. MR. MUDD: For the entire nation. MS. WIGHT: No governments got any. MR. MUDD: For the entire nation, all the earmarks got wiped out. COMMISSIONER HENNING: I'm willing to give another year, but I don't want to be an employment center for lobbyists. And you take my comment however you want to. Number seven, I'm not in favor of an entitlement. MS. WIGHT: The healthcare access, sir? COMMISSIONER HENNING: Right. I want to -- my opinion Page 78 February 13, 2007 is to take that off. COMMISSIONER COYLE: I'm sorry. Which one? MR. MUDD: Healthcare access for the uninsured. CHAIRMAN COLETTA: Well, wait a minute, before we do that, I think we need a little more discussion on that. We need to have a better description of it than what's in here. Exactly where was that money entitled to -- to go, and what was out there that was going to help you work with? And it's far from an entitlement. COMMISSIONER HALAS: I think what this amounts to is where we're trying to get federal funding to take care of people that are going to end up in our emergency rooms that will be a lot better off paying -- trying to acquire federal funding so it doesn't put a burden on -- the end result is, I have to pay for it through my insurance program. CHAIRMAN COLETTA: Marcy Krumbine's here. She can give us a briefing on it before we just strike it off as something that isn't worthy. MR. MUDD: It's on page 16 of your packet. MS. KRUMBINE: Okay. This is part of the plan program, the physician led access network. By the way, Marcy Krumbine, Director of Housing and Human Services. And this is the program, Commissioners, that you enjoy so much because the physician community is donating over a million dollars worth of their services for people who are uninsured or underinsured. And so this funding would help expand the program. CHAIRMAN COLETTA: It's a tremendous program where we have the industry stepping up and we're a partner in it to try to make this whole thing work. This would go a ways to be able to cover so it would be able to fit hand in glove with what's already being done out there. Not all of the cost can be absorbed totally by the physicians that are willing to do this. And this program's been a tremendous success in Collier County. Page 79 February 13, 2007 You've got -- you've got reports on it before. Dr. Colfer, did you want to comment? DR. COLFER: Dr. Joan Colfer from Collier County Health Department. Yes, I would just support what Marcy said. We've had members of the medical society here before you to celebrate the, over a million dollars worth of free care that they've provided, and this funding would help us to ensure that that program continues. MS. KRUMBINE: And a final comment. When we did showcase this program when the congressional -- when all the different legislators came down, they were all in support of also supporting this program and bringing it forward to the House and the Senate, so they loved coming out and seeing what was being done. This is a great public/private partnership with county playing just a minimal role through the Collier County Health Department and the Collier County Housing and Human Services Department helping with staffing. But so much of this is really being done by the community at large. CHAIRMAN COLETTA: Do we have enough support to keep that in? I want to keep this moving forward. COMMISSIONER FIALA: (Nods head.) COMMISSIONER HALAS: (Nods head.) CHAIRMAN COLETTA: We have three nods, unless you want to put it to a motion, Commissioner Henning. COMMISSIONER HENNING: I'm not going to support it. I already gave my opinion. CHAIRMAN COLETTA: Okay, fine. We're there, thank you. Thank you very much. I'm sorry. We're getting out of line here. Commissioner Coy Ie was next, if I'm not mistaken. I hope I didn't get out of order. COMMISSIONER COYLE: Yeah. I just had some questions. The executive summary states that the Gordon River greenway crossing and city-wide bike pathway system is already in the FY-'08 Page 80 February 13,2007 federal agenda. I don't see that anywhere in our FY -'08 legislative agenda. The bottom of page 2, executive summary. MR. MUDD: No. What it's basically doing is it's taking -- the Ferguson Group is taking a look at the proj ects that the county staff has gone through plus the list of five that the city has provided, and it's basically saying that you -- that the draft FY -'08 federal agenda already contains -- and that's the one they're talking about, the 1 through 9 -- already contains four transportation projects, and two of the city's requests are also transportation projects, so you have six in total. And what they're basically saying to you is, you have two congressmen. They're all going to get a bite, but they're only going to get an appropriation that has to do with transportation requirement, all right. And if you give them six proj ects to say, these are transportation issues, you're only going to get one of them, maybe two, funded, depending if they get another congressman's allocation, okay, in the thing. They're only allocated -- COMMISSIONER COYLE: Okay. I understand now, but let me clarify something. Is it necessary that these be specific projects that we're lobbying money for, or can they be transportation projects in Collier County? Must we actually pin a label on them and put a geographical determination on them, or can we just have transportation and/or bicycle pathway projects in Collier County? MR. MUDD: Commissioner, I'm going to ask Val to come to the mike to help me a little bit. But in my experience that I've had -- and it's limited, but it is experience -- they've always been specific to a location when we've -- when I've gone and asked. But Val, maybe there's been something that's different someplace. MS. GELNEV ATCH: Okay, thank you. If I'm understanding your question correctly, is it -- is the question, can all three of these sort of bicycle/pedestrian projects be combined into one project? COMMISSIONER COYLE: Yes. Page 81 February 13,2007 MS. GELNEV A TCH: Okay. Well, then let me ask you a question. Do they connect? COMMISSIONER COYLE: Not necessarily. MS. GELNEV ATCH: Okay. Is it thought of in the county as one big pedestrian/bicycle-friendly network? COMMISSIONER COYLE: We are always trying to link bicycle and pedestrian networks in Collier County. MS. GELNEVATCH: Okay. COMMISSIONER COYLE: It might be many years before we're able to get to that point, but what we wind up doing is creating clusters of these kinds of networks throughout the county. Our ultimate objective will be to tie them together, but my concern is, if we have to -- have to treat these as discreet projects, we are always going to be competing or have one proj ect competing against another project, and I'm not sure that's the best way to deal with these things. MS. GELNEV A TCH: Well, I think -- I think what you're ultimately going to want to do, and particularly in this -- in this first year of going after funding for that type of project -- we didn't have a type of project like that on the list last year -- is in the initial year, I think you do want to specify -- I know you do want to specify that, you know, funding for this portion of the project is going to go to this area. As the projects develop and become, you know, as you've suggested, probably into a more coordinated and comprehensive plan of pedestrian and bicycle walkways and sidewalks throughout the county, then we will evolve our briefing sheet and our discussions with your congressional members to say, this has now become a comprehensive plan throughout the county, and so funding could go here or -- you know, or it could go there. But you typically -- even if all of these were combined now, you would typically phase your project and let your congressional members know that, you know, for this phase in fiscal year '08, we're Page 82 February 13, 2007 going to be directing funding here, and then in the out years we anticipate that future funding, should it come, would go towards these different areas. COMMISSIONER COYLE: Okay. CHAIRMAN COLETTA: Okay. Commissioner Halas, then I'm going to take a turn, and then we also have four speakers that we'll allow three minutes apiece. COMMISSIONER HALAS: When I look at the list, we look at archives technology. I think the county manager touched a little bit on the subject of restoration of Naples Bay, and I have some concerns. I wonder if there's any monies that could be allocated from the Corps of Engineers to address cleaning up the Naples Bay, possibly authorizations from the Corps. MS. GELNEV A TCH: I think that's exactly what the county administrator was describing, that rather than going for an appropriation this year -- which actually is -- you've got the cart before the horse. COMMISSIONER HALAS: Okay. MS. GELNEV A TCH: What you want to do -- what you really want to do is to go after what's called a Water Resources Development Act Authorization that authorizes the whole project. COMMISSIONER HALAS: Does that also take into consideration Gordon Pass dredging? Would that be incorporated, or would that be a special issue? MS. GELNEV ATCH: That would be a separate authorization that, fortunately, already exists. So you've already passed through step one, and now you can seek to draw down funding to go ahead and dredge the pass. COMMISSIONER HALAS: Ifwe have to -- if we have to pare this down, I think that what I would suggest is dropping the archives technology and putting on there the Naples Bay authorization for the Corps for the restoration of the Clean Waters Act, so that's where I Page 83 February 13, 2007 stand. CHAIRMAN COLETTA: I second your motion for discussion purposes, okay? COMMISSIONER HALAS: Oh, okay. Thank you. CHAIRMAN COLETTA: Thank you. And if I may? The -- a couple of things that I'd like to note here is that the Gordon Pass dredging, we already picked up on that. We did include that into it. The Bayshore Drive/Shadowlawn transportation corridor can address something -- some of the city bike paths systems. So we're picking up something in that with our original objectives. My concern is that the Fleischmann Park Recreation Center, it's a very, very noble and worthy project, no doubt about it, and we do have to do something along the line, but it's going to be directly competing with the Immokalee-- MS. GELNEVATCH: Exactly. CHAIRMAN COLETTA: -- South Park Recreational Center that has been in the works now and waiting in line for some time. And if we have to share those funds back and forth, we don't have the funds within our own system to be able to move it forward at that expeditious rate. I think we need to concentrate on the Immokalee issue, and then when we've got that settled, come back with the Fleischmann issue the following year. That's my suggestions. And your motion includes what is in here at the top under Collier County's financial year 2008, federal legislative agenda with the addition of Naples Bay added down there as the -- what is that word there? COMMISSIONER HALAS: Authorization. CHAIRMAN COLETTA: Authorization action. COMMISSIONER HALAS: Yep. CHAIRMAN COLETTA: Okay. And with that, we're going to go to the speakers and then we're going to go to comments from the Page 84 February 13, 2007 commissioners before we take a vote. COMMISSIONER HALAS: My motion includes that. CHAIRMAN COLETTA: Yes. MS. FILSON: The first speaker-- CHAIRMAN COLETTA: Call the first speaker. Three minutes, and please state your name for the record. MS. FILSON: Fred Thomas. He'll be followed by Vicki Jenkins. MR. THOMAS: Good morning, Commissioners. I have my hat on as chair of your Immokalee Master Plan and Envisioning Committee and your CRA advisory council at this point. I want to thank you for leaving the Immokalee South Park Center on the thing, and we have representatives from both the Weed and Seed program and the Front Porch program along here with us who were concerned about this issue in making sure it went on with continued funding. We've been trying to find -- work very desperately to find an opportunity to provide a recreational facility for young kids who cannot get to our major facilities that are about a mile and a half, almost two miles from this particular location, this high concentration of low income families. We really want to thank you all for your continued support for those kinds of issues in Immokalee. Thank you. CHAIRMAN COLETTA: Thank you, sir. MS. FILSON: Vicki Jenkins will be followed by Richard Rice. MS. JENKINS: Good morning. I'm Vicki Jenkins, and I'm representing the Greater Immokalee Front Porch. Weare a new non-profit organization that represents the residents of the south Immokalee side, and our endeavor is to work with the agencies and organizations in Collier County to improve the lifestyle for the residents that live in that area in the South Park. We do appreciate you having it on your agenda item for 2008, and we wish that it is approved because it's well overdue. The Page 85 February 13, 2007 residents there right now, they're using a dilapidated trailer that has been there for quite some time and had some recent floor repair lately __ well, last year after an incident that happened there. The adults as well as the children would definitely appreciate having a community center in our community so they have family events that they can have somewhere decent to go to besides trying to commute across Main Street and also having our youth walking from the south side of town all the way to the north side of town. So we really do appreciate you looking at this item and we just wish for favorable results. CHAIRMAN COLETTA: Thank you. MS. JENKINS: Thank you. MS. FILSON: Next speaker is Richard Rice. He'll be followed by Terrie Aviles. MR. RICE: Again, Dick Rice, Immokalee Chamber of Commerce. We would urge that you continue to keep this particular project on the agenda and go forward with it because we're talking about -- as Fred mentioned, as Vicki mentioned, we're talking about a group of young people who do not have the flexibility or the ability to go to other parks in the area. I Hope has been doing a great effort in Immokalee restoring homes from Hurricane Wilma. We're talking about an area that has been greatly impacted by not only the hurricane, but just by the nature of the community, and we need to do everything we can to enhance the recreational aspects of that community and to keep people focused on what needs to be done. Thank you. CHAIRMAN COLETTA: Thank you. MS. FILSON: Terrie Aviles. MS. AVILES: Good morning. My name is Terrie Aviles, and I am the Weed and Seed coordinator. Like the speakers before me, I also ask that -- I thank you for keeping it on the agenda and ask that you continue to support and ultimately fund this proj ect. Page 86 February 13,2007 Weed and Seed has offered programs at South Park in the past. I can tell you, there is a great need, and we would love and we are excited at the idea of going back there and offering the same kids more programs through parks and recs., through a partnership with parks and recs. So please consider and move forward this item. Thank you. CHAIRMAN COLETTA: Thank you so much. That concludes the speakers. At this point we do have a motion on the floor by Commissioner Halas and a second by Commissioner Coletta. Any other discussion? COMMISSIONER COYLE: Let's summarize that motion. CHAIRMAN COLETTA: Sure. COMMISSIONER COYLE: Which items were included and which items were not included? MR. MUDD: Commissioner, what -- CHAIRMAN COLETTA: Go to page number 2. COMMISSIONER COYLE: Got it. CHAIRMAN COLETTA: Okay. Collier County financial year 2008 federal legislative agenda, go down to legislative agenda, remove -- COMMISSIONER COYLE: Number nine. CHAIRMAN COLETTA: Technology-- MR. MUDD: Action technology, number one. CHAIRMAN COLETTA: -- at-- COMMISSIONER HALAS: Authorization. CHAIRMAN COLETTA: -- authorization action for the Naples Bay. COMMISSIONER COYLE: Okay, Naples Bay restoration? CHAIRMAN COLETTA: Yes. COMMISSIONER HALAS: That's correct. COMMISSIONER COYLE: That's number two off the city's Page 87 February 13, 2007 list? MR. MUDD: Yes, sir. And number five -- their number five and our number five are the same. COMMISSIONER COYLE: Same, okay. All right. MR. MUDD: Now, I believe you came up with an idea, then I'll let you vote on this and we'll talk just a second. I believe we need to do some work for next year's piece. And Commissioner Coletta talked about the following year getting Fleischmann back on when the South Immokalee one comes off, but I believe Commissioner Coyle hit upon it a bit of a jewel, is to get those bike path issues connected in a bigger proj ect, and you include part of the zoo property that we own now, and get it all linked up and lay it out there as a project done in phases and lay the phases out, and then we can go after a multi-year appropriation on that particular project. And I believe you get it as one item instead of having two separate, three separate, and you really get at the brunt of the issue -- COMMISSIONER COYLE: That could be the entire central park -- MS. GELNEVATCH: And that's-- COMMISSIONER COYLE: -- recreation pathway. COMMISSIONER HALAS: All together as one. CHAIRMAN COLETTA: That's next year, and I think you'll find everybody very supportive. Commissioner Henning? COMMISSIONER HENNING: You have a councilman here that I wish the chair would recognize to give us a little bit of input before we go to a vote. CHAIRMAN COLETTA: Mr. Price, forgive me for not-- MR. PRICE: That's okay, no problem. I appreciate the opportunity and looking forward -- Gary Price, Naples City Council. I appreciate the opportunity to be part of the process and look forward Page 88 February 13, 2007 to our work in Washington. And I think so far we've shown the spirit of cooperation in trying to work through these issues, and there are many worthy causes, and I think -- I think we're doing the best we can with what we have. The comprehensive bike path issue is important, and I think we touch on a little bit as our role of MPO, and we talk about it, but I think we forward -- look forward to working with all of you to come up with a comprehensive plan. I think it's critical. And maybe it isn't a priority this year. The Fleischmann Park issue is one we'll deal with. And separately, I think the Immokalee proj ect is certainly worthwhile. I'm here as a member of the city council to not only push for issues that I have, but try to encourage when we're in Washington, support for your projects. They're our projects. I see it as our projects. So I just wanted to make sure that I extend that and look forward to our cooperation. CHAIRMAN COLETTA: Thank you very much, Councilman Price. Next year I hope that we involve Marco Island and Everglades City in this process also. Commissioner Coyle, then we take the vote. COMMISSIONER COYLE: Yeah, just one final comment. I would hope -- well, it's my understanding, we still will be working with the city on the Fleischmann park issue. It seems to me that we left our joint meeting with the understanding that we would continue talking about what the alternatives were with respect to Fleischmann Park, and they were, you know, everything ranging from the county taking over Fleischmann Park to the county maybe making some contributions or including them in our inventory of recreational facilities. So we still owe the city, I think, a response on Fleischmann Park. It doesn't -- it's not affected by this vote, but I think we still owe the city a response. CHAIRMAN COLETTA: I agree. Thank you for that. Page 89 February 13, 2007 With that, no other comments, we're going to call the question. 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. And I thank you. What we're going to do, we're running close to lunchtime. What I'd like to do -- the next item is going to be the Gawn Fishin property. I'd like to call the speakers at this time. Then if they don't want to come back after lunch to be able to sit through our deliberation, they can do so. Does that sound fair? And then we could break for lunch, because I've got a feeling we're going to be talking about it for a little while, and I'd like to try to keep us on schedule as much as possible. Item #10H RECOMMENDATION TO APPROVE SPENDING UP TO $35,000 FOR APPRAISALS, PRE-CONTRACT EXPENSES, TO AUTHORIZE A NON-BINDING LETTER OF INTENT, COMMENCE NEGOTIATIONS FOR THE PURCHASE OF GA WN FISHIN, LLC PROPERTY LOCATED IN EVERGLADES CITY AND APPROVE THE ATTACHED BUDGET AMENDMENT - APPROVED MR. MUDD: This is 10H. It's a recommendation to approve spending up to $35,000 for appraisals of pre-contract expenses to authorize a non-binding letter of intent, commence negotiations for the Page 90 February 13, 2007 purchase of Gawn Fishin, LLC, property located in Everglades City, and approve the attached budget amendment. CHAIRMAN COLETTA: Now, if we may, Ms. Filson, I'd like you to call the Mayor of Everglades City first out of respect for his title. MS. FILSON: Mayor Hamilton. He'll be followed by Brian McMahon. I can't read the last name. MAYOR HAMIL TON: And thank you, County Commissioners. I won't take your time here. I know you have a busy day, but I want to bring up some issues here on that piece of property that's in Everglades City. Right now we are having -- actually we have never issued any COs on that property. All the permits that's been permitted has been pulled back. And right now, there's a lot of issues that's not been cleared up with these people, and at this time Everglades City, as mayor speaking, that piece of property is condemned right now until we decide -- it's got to go all back through the planning and zoning board to see what we want to do with it. So that's where we stand with the Everglades City property right now. CHAIRMAN COLETTA: Thank you. MAYOR HAMILTON: Thank you. MS. FILSON: Next speaker-- CHAIRMAN COLETTA: I'm sorry. Is your light on from before, Commissioner Coyle? COMMISSIONER COYLE: No, no -- MS. FILSON: -- is Brian McMahon. COMMISSIONER COYLE: -- we have the public speakers. CHAIRMAN COLETTA: Okay. MS. FILSON: He'll be followed by Larry Block. MR. McMAHON: Good morning, whatever's left of it. I'm Brian McMahon. I'd just like to make quick comments on the Gawn Page 91 February 13,2007 Fishin property. One of the uses of that property could be possibly a launching ramp. I would just like to remind the commissioners that the Water Management District have entered into an agreement as a result of the 640 acres for the roads in the south blocks and have verbally committed that they would assist us in construction of a launching ramp. This would be an opportunity, I believe, to get the Water Management District to assist us in financing whatever it is that needs to be done. So please keep that in mind. Thank you very much. MS. FILSON: Larry Block. MR. BLOCK: I've got a question. I am Larry Block, partner in the advertising agency, Block and Block, but here as president of the Naples Fishing Club; represent several hundred saltwater fishermen. I think you all know that with the privatization of a number of ramps and launch areas, there's less and less place for fishermen to put their boats in the water. I think it's interesting that they're advertising the new, the most recent privatized ramp or boat launch area on Marco Island as affordable for the average man. It's only $77,000 to keep your boat there. I have a $3,500 boat, so I probably won't be keeping it there. But we need ramps. A lot of us like to go fishing around Everglades City. I met our commissioner, or head of our commission, down there many times to fish before he was a commissioner, and it's a great -- it's a great fishery. The area around Naples has become worse and worse for fishing with red tide and some of the other problems we have, so that areas down there's attracting more and more saltwater fishermen, and a ramp down there would be absolutely great. Thanks. CHAIRMAN COLETTA: And that concludes the speakers? MS. FILSON: Yes, sir. CHAIRMAN COLETTA: Okay. Commissioner Henning, then Commissioner -- I'm sorry. Forgive me, staff presentation, yes. That Page 92 February 13,2007 would be very appropriate. MS. RAMSEY: Thank you. I just wanted to go through a couple of slides that I had that -- first of all, the first slide shows you the location and the boundary of the parcel that we're talking about, and it is in the Everglades City area along the Everglades City Airport, as you can see by the photo in front of you. Excuse me just a second here. I've got fat fingers. I can't get it out. This is an aerial of the parcel looking from the Barron River in toward the airport. And just a few general facts that we've been able to pick up with the real estate property department, that it's about 52.9 acres. That parcel is kind of split into two with the road going in between it. The north side of the road is, about 19 acres have been cleared and 14 acres of mangrove wetlands. The south side has two acres of uplands, three acres of transitional, and then 15 acres of mangrove wetlands. Right now there's 815 feet of existing dock. There's 45 boat slips, 27 of them were permitted to be sailboats and 18 motorboats. There's two partial buildings right now, and there's an eagles' nest on site. The current zoning is a resident tourist zone, and its permitted uses are marinas, boat docks, boat launch facilities, gift shop, recreational facilities as well as residential. This is the project site as it was displayed in a 1997, I think, permit, and you can see the project site. This is the area that can be cleared and the forest and mangrove wetland as it was sited for development. This again is an aerial that shows the eagles' nest, the partial structures, the boat dock area as well as the airport. We've talked to a number of different people about this particular site. Our number one priority would be to utilize it for boating access to the public for fishing and recreational activity, and South Florida Water Page 93 February 13,2007 Management, as you heard earlier, could be a possible partner on this particular parcel. The Airport Authority has asked us to see if they could get approximately three acres for some additional hangars at that location. Utilities would like to see a recycle center down there, which would require about one and a half to two acres. Transportation is looking at it in the wetland area for some mitigation opportunities, and Conservation Collier looked at it yesterday as a possibility for preservation of the wetland itself. And this is a view looking at a little bit farther out to show you the access out into the island areas. With that, I'm ready for some questions that you might have. If I can't answer them, I have real property here as well that might be able to help you through the process. CHAIRMAN COLETTA: We'll start with Commissioner Henning, then Commissioner Coyle, Commissioner Halas. COMMISSIONER HENNING: Well, I want to remind everybody, this is -- this is not an action to purchase the property. It is just to evaluate it. And I feel blessed that the mayor is here to tell us some of the problems that we are not aware of, so I hope that we work through those. I'm going to make a motion to approve, and I trust the mayor will be back to tell us his opinion about a potential use down there to increase the activities in Everglades City. COMMISSIONER FIALA: I'll second your motion. COMMISSIONER HENNING: Maybe that's how I might find out what's going on with that aging catfish down there. CHAIRMAN COLETTA: Okay. Well, at this point we have a motion by Commissioner Henning and a second by Commissioner Fiala. Commissioner -- I forgot the order -- Coyle, then Commissioner Halas. Page 94 February 13, 2007 COMMISSIONER COYLE: I'd strongly support the motion. It is not a motion to buy the property. We need to get all the details. I'm a little surprised to hear that all the permits have been pulled back and the property has been condemned, but we need to sort through that. There is a lot of opportunity for Everglades City and the county and the taxpayers of Collier County here to benefit from this property, so I strongly support the motion. We can't afford to just let it lie there. We need to move ahead and investigate the possibilities and coordinate closely with the mayor. And with that, I'm ready to vote on it. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: Excuse me. I'd just like to say that I'm glad that the county is looking at the -- looking at something of this nature. We've lost so many marinas here, and it's getting more and more difficult for people who own boats. We have to trailer these boats. And I'm hoping that not only can we rectify that particular problem with the addition of the docks that are going to be located here -- one thing that interests me is the fact that it's a deepwater situation because we're going to have sailboats there. But maybe eventually there can be some other avenues that we address the voting public. And at that, I'm ready to vote. CHAIRMAN COLETTA: And I'm going to make a comment, too. I think one of the most important things that we've got to do here as part of the deliberation that's going to take place is to work very closely with the mayor and the city attorney to go through all the avenues, unknown possibilities. If we run into something that is a tremendous roadblock that makes that impossible for one reason or another, then we bring it back to this commission before we spend that 35,000 -- up to $35,000 that Page 95 February 13,2007 we spoke of. And I think that's just good sense. I don't think you have to make that part of the motion, because I'm sure that if we come up against something that's impossible, that we're going to want to consider our actions. But in any case, with that, any other comments? (N 0 response.) CHAIRMAN COLETTA: Seeing none, all those in favor of the motion made by Commissioner Henning, second by Commissioner Fiala, 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, 5-0 to be able to go forward and do a due diligence to see what's possible. MR. MUDD: Yes, sir. The recommendation by staff was to approve spending $35,000 for appraisals and pre-contract expenses to include the purchase of Gawn Fishin, LLC, property located in Everglades City. I will tell you one of the things that could come up is the new Manatee Protection Plan down there because they have some concerns to bring that up. COMMISSIONER HENNING: The Manatee Protection Plan adopted by the Florida Fish and Wildlife is not to change it. That happened last year. Is there something new? MR. MUDD: There's something new that's on the horizon. We'll get into it and we'll check on that. We're just trying to make sure you understand. Page 96 February 13, 2007 Three, authorize the county manager to sign the letter of intent and approve the budget amendment. Those are the four things that are there, and I believe your motion basically incorporated those. Just wanted to make sure I got that clear. COMMISSIONER HENNING: That was a part of my motion. CHAIRMAN COLETTA: And part of your second, Commissioner Fiala? COMMISSIONER FIALA: Yes. CHAIRMAN COLETTA: You did understand. That's good. Commissioner Fiala understood. With that, you did very well. I've very proud of this commission. We were going to break at 12 o'clock, we're right on schedule. Is there any other business that we have to do on this particular issue? I don't believe so, is there? MR. MUDD: No, sir. CHAIRMAN COLETTA: We're done. Break for lunch. Be back here at 1 :05. I gave you three extra minutes. (A luncheon recess was had.) MR.OCHS: Mr. Chairman, you have a hot mike. CHAIRMAN COLETTA: Yes, I realize that. Thank you. COMMISSIONER COYLE: Now, ifhe could only say something, we'd be all right. Item #12B BOARD DIRECTION TO THE COUNTY ATTORNEY RELATING TO LITIGATION IN DWIGHT E. BROCK, CLERK OF COURTS V. COLLIER COUNTY, FLORIDA, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX-OFFICIO GOVERNING BOARD OF THE OCHOPEE AREA FIRE CONTROL & EMERGENCY MEDICAL CARE SPECIAL TAXING DISTRICT, NK/A THE OCHOPEE Page 97 February 13, 2007 FIRE DISTRICT; LINDA T. SWISHER AND PAUL W. WILSON CASE NO. 04-941-CA, CONSOLIDATED WITH BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA VS. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT OF COLLIER COUNTY, FLORIDA CASE NUMBER 05-953-CA CONSOLIDATED WITH CASE NO. 05-1506-CA, NOW PENDING IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA - MOTION TO PETITION THE COURTS TO PROCEED AS QUICKLY AS POSSIBLE (NOTICE OF PRIORITY) WITH A BENCH TRIAL - APPROVED CHAIRMAN COLETTA: I just did, rah, rah, rah. 12B, is it? MS. HUBBARD: Yes. CHAIRMAN COLETTA: Okay. And who leads off? You, Jacqueline? MS. HUBBARD: Yes. CHAIRMAN COLETTA: Please go ahead. MS. HUBBARD: Good afternoon, Commissioners. Jacqueline Hubbard, Assistant County Attorney. I'm here to speak with you about item 12B. Essentially let me just tell that you where we are -- we have filed a motion with the court -- not a motion. We filed a notice to the Court indicating that in our opinion anyway, this case should be a priority case, which means that the Court should move it up on its agenda. We have not yet heard from the Court. We filed a notice of trial in early -- early to mid January. The Court indicated -- or the Court's judicial assistant did indicate that there may be some time available in July, which is quite a ways away. We filed that motion, that notice of priority, shortly after finding that out, and then a couple of days ago counsel for the clerk, David Ackerman, filed a document indicating that the clerk also wished to proceed in an expedited manner, but we haven't heard anything from Page 98 February 13, 2007 the Court. So we're just waiting -- we are essentially ready to go to trial. Weare waiting for the Court to give us a trial date. We have been informed that the trial judge is in a medical malpractice case currently in Lee County. I understand that when that case began it was expected it would take as long as five weeks. So that's where we are. Weare essentially waiting for the judge to tell us when we will be able to start the case. Essentially, that's all I have to report to you today. Mr. Weigel has a few other things he'd like to say regarding the case. MR. WEIGEL: Thank you, Jackie. As she indicated, we've noticed the case as ready for trial, looking for expedited timing. It's been a long time getting to trial. And additionally, initially when the case was filed against the Board of County Commissioners sitting as the Board of the Ochopee Fire District with the other two employees of the county, Swisher and Wilson as separate defendants, our response to the Court was, in fact, a trial by jury, and that has been endorsed by the clerk's attorneys as well. We believe at this point that through the exhaustive preparation for trial, discovery that's been had, many, many depositions and things of that nature, that the fact issues are ones that we think the judge should decide, and looking for the board's endorsement, we would ask you to consider a further request to reduce expenses which can be considerable for the seating and utilization of a jury during trial, that this board endorse that we have a bench trial, that is the judge decide both the issues of fact and law and that a request -- that the clerk and his counsel make a similar request to reduce the costs so that we can get to the issue when we get to trial more quickly, less expensively of what the clerk's legal responsibilities and limitations are. CHAIRMAN COLETTA: Commissioner Henning, then Commissioner Coyle. COMMISSIONER HENNING: So I guess what I'm hearing is, Page 99 February 13,2007 you need some direction, what the board prefers as far as whether it be a jury trial or not? MR. WEIGEL: Well, what we're really looking for -- that is correct, what we're really looking for is endorsement from the board essentially reaching party to party indicating that the board believes that the case can be handled by the judge handling -- deciding both fact and law and that the additional expense that comes from the empaneling of a jury, working through a jury, which could take days and weeks longer for a trial that we think is essentially legal issues with little fact at issue, is a needless expense, and we would request the board endorse that tack and that -- and a request that the clerk and his counsel consider to make the same request to the Court. If both parties so request, the Court ought to establish the case as one for the judge alone. And we think that that's the smarter decision at this point. COMMISSIONER HENNING: Well, thank you for the clarification. It is my understanding, we were to go hand in hand over to the Court's system and find out what the legal system says. So if the clerk wants a jury trial and you're recommending a -- for the judge to decide, to me, that's not going hand in hand, and maybe we could hear from the clerk as -- if there's any compromise or -- I mean, I don't mind a jury trial personally, but I want to do what all parties want to do. I don't think we have to be indifferent on this issue. COMMISSIONER FIALA: Crystal? CHAIRMAN COLETTA: Crystal, if you'd rather have the-- MS. KINZEL: Thank you, Commissioners. Our legal counsel is here in the audience, and I'd probably prefer that they take that one, but -- CHAIRMAN COLETTA: Before we go to legal counsel, I'm going to go to Commissioner Coyle. COMMISSIONER COYLE: Well, I'd rather wait until after the public speakers have spoken, whoever -- whoever that might be. Page 100 February 13, 2007 MS. FILSON: I have one public speaker, Steven Blount. MR. BLOUNT: Good afternoon. Steve Blount on behalf of Dwight Brock as Clerk of Courts. I guess what I'm hearing is that they're proposing some sort of a partial settlement offer, settlement of one of the procedural issues in the case, and that is whether or not we are going to have a jury trial or a bench trial. We have not had a formal proposal up to now, so I don't know my client's complete reaction of that at this time. We'd obviously consider any settlement offers that we think would be beneficial to the case and the taxpayers of the county. You know, I think I have some opinions with regard to the expense issues, and I think I would implore the commissioners, all of the commissioners to pay particular attention to what's happening in this case rather than just listening to what you are being told about what's happening in this case. Go look at the case yourself. And among the things I would ask you to go look at is, look at the motion to disqualify counsel that was filed by the County Attorney's Office, look at the 14-day trial that was conducted in an attempt to disqualify counsel in this case, look at the expenses that were spent on that, look at the findings that the Court made at the conclusion of that motion to disqualify counsel, and what you will find is that the Court disagreed with almost every single assertion of fact that the county made. And I think if you look at those things and you look at the expenses that have been incurred up to now and how they were brought about and the delays to now, I think that affects the response to offers of this type and whether or not they're truly motivated by expense factors or motivated in order to take a procedural advantage in the case. My off-the-cuff response is that I think the citizens of this county are entitled to sit on a jury and that a jury is perfectly capable of Page 101 February 13, 2007 hearing the issues in this case. I don't think it's a significant expense. You're talking about a minimal number of challenges for cause. We ought to be able to seat a jury in a few days. I don't see where it's that big a deal. This litigation has been going on for three years. And to come up now and say there are no issues of fact that are very important so we can just go ahead and do a bench trial, I think, is a little disingenuous, but my client will respond accordingly when we receive an offer of a procedural settlement. MR. WEIGEL: There may be more speakers. MS. HUBBARD: Oh. Are there more speakers? MS. FILSON: No. MS. HUBBARD: Commissioners, I feel compelled really to responded to the comments that were made by opposing counsel just in the sense of relaying to you what at least our office believes to be the truth about this matter. First of all, the allegations for the disqualification of the clerk's counsel was based upon many facts which led us to believe that the counsel for the clerk was intimately involved, and I mean intimately involved, with the transactions involving the $21,000 donation to the Ochopee Fire District. Let me just summarize this for you in terms of what is uncontested. First of all, the law firm of Woodward, Pires & Lombardo, the law firm that currently represents the Clerk, along with four other attorneys that have been retained by the Clerk in this case, were also the attorneys for the City of Everglades City. Our Fire Chief, Chief Paul Wilson, received a donation from a developer who had sought a development order from the City of Everglades City. The city attorneys, Mr. Pires and Mr. Lombardo from Woodward, Pires & Lombardo, admit that they drafted and/or reviewed the development order. The development order called for the provision of a fireboat to Page 102 February 13,2007 the Ochopee Fire District. The Ochopee Fire District is a department of the county. The Fire Chief is an employee of the county. An agreement was drafted between the developer, the City of Everglades City and our fire chief for the donation of $21,000 to the purchase of a fireboat. The fire chief signed the agreement. The mayor of Everglades City signed the agreement. The developer signed the agreement. The mayor of Everglades City has testified under oath that he was of the impression that his law firm, Woodward, Pires & Lombardo, which is the same law firm that currently represents the clerk, had reviewed that agreement. His practice, he testified, was never to sign an agreement that had not been reviewed by his lawyers. His lawyers are the same lawyers that represent the clerk. They're the same lawyers that discussed at numerous public meetings in Everglades City about the donation of a fireboat to the Ochopee Fire District. This donation for a fireboat was never brought to your attention. It was never placed on an agenda for you to approve or disapprove of it. Instead, an agreement was drafted. It was handed to our fire chief, he signed the agreement, and he put the donation into an account in which volunteer donations are generally put into. You hired an accountant, an independent certified public accountant to review the matter. The public accountant, certified public accountant who reviewed the matter, reported back that there were no improprieties that he could see in that account, and he had performed an accounting over the past five years. The clerk's attorney, Mr. Anthony Pires, has testified under oath that he reviews your agenda on a regular basis to see if there's anything of interest that he needs to be informed about. In January of 2004 Mr. Pires noticed that the Ochopee fireboat purchase was on your agenda. He also noticed that on your agenda was a motion to accept this $21,000 donation to approve the entry Page 103 February 13, 2007 retroactively of the agreement that was signed by your fire chief. When the agenda came before the county manager for discussion __ and by the way, at all of those discussions a representative of the clerk is present -- the clerk's representative informed the county manager at that meeting that this matter involving the fireboat should be pulled from the agenda. The county manager then went into an investigative mode and attempted to locate all the information he could regarding the matter, and when the investigation ended, he turned over his documents that he located to the clerk. The matter was pulled from the February 10th agenda and it was placed on your agenda for February 24, 2004. The clerk's office was informed that it would be placed before you on February 24, 2004. The Friday or the Monday preceding that board meeting, the $21,000 was taken out of that account and delivered by hand to the Clerk of Courts. And one day before you had your board meeting to take up the matter, rectify the matter, make peace with the clerk and even agree with the clerk that the money should have been delivered to him, the clerk filed a lawsuit one day before your meeting. And in that lawsuit the clerk demanded that you turn over to him the $21,000 that you had already hand delivered to him that Monday. So we were sued by the clerk, and the lawyer that handled that lawsuit was Mr. Anthony Pires, the same lawyer who represented the City of Everglades City, who drafted the development order that called for the fireboat, who reviewed our draft of the development order that called for the fireboat to be provided to our fire department in Ochopee and who filed the complaint against us. Now, Mr. Blount likes to say that the motion for disqualification took 14 days, and I challenge him that that is an inaccurate statement that he has made. The judge in this case had very few full-day hearings in that matter. There were many afternoons of two hours of Page 104 February 13,2007 hearing or three hours of hearing or hearings that would be interrupted for other matters relating to the case, and so that simply is not a true statement that it took 14 days to try the motion of disqualification. The other thing about the motion for disqualification, aside from the fact that we believe it was well grounded in both fact, law and the rules of ethics that govern the Florida Bar, because the clerk refused to agree to any factual assertions by the county, every single fact had to be proven, which led to an even longer motion for disqualification. And ultimately, if you read the transcripts of that hearing, you will see that the trial judge ultimately made a decision whether to believe, by the way, county staff, who testified under oath, that not only did Woodward, Pires & Lombardo represent the City of Everglades City, draft the development order calling for the fireboat and draft the complaint against the Board of County Commissioners regarding that same matter, but that several years prior -- we're talking middle '90s now -- this same law firm drafted the Articles of Incorporation for the Friends of the Parks of Collier County, Inc., had those delivered to the secretary of state, and essentially sat and met with county staff and told them how to set up this non-profit corporation, which became the umbrella groups for all these various friends groups. Now, the reason why the motion for disqualification was filed is because you have all of those uncontested facts which led us to conclude that under the rules of professional conduct of the Florida Bar, when an attorney is that deeply involved in matters that are currently in litigation, they should withdraw from representation in that case. Now, in this particular matter, not only did we point this out to Woodward, Pires & Lombardo shortly after the litigation began, I personally wrote a letter to them saying we intend to file a motion for disqualification against you based upon certain facts, and we think you should be given the opportunity to withdraw as counsel. Page 105 February 13,2007 We were advised all along the way by one of the most preeminent professors of law at the University of Florida, that in her opinion, Professor Amy Nashburn believed, and believes to this day, that in this particular case the motion for disqualification should have been filed, was filed, and should have been granted. Now, so it doesn't matter -- those are the facts as I recall them. That's the law as I understand it, and I think we will be ultimately vindicated on that motion because I don't see how you can try this case without bringing in the involvement of these lawyers, if we're going to get into factual issues. But be that as it may, where we are right now is that the judge has made a ruling, and that ruling is as follows: We asked the Court -- and I'm going to use some legalese here, and if you have a question with any of it, please feel free to ask me about it. But we did file a motion with the Court to bifurcate the case after it had -- after all of these matters had been consolidated. Our position has been that the essential nature of this lawsuit is a legal one, that what the county wants the Court to determine is what is the extent of the clerk's audit powers. And we sincerely believe that what the clerk wants from the litigation, from statements that the clerk has made -- because the clerk admits that he does not know what his audit rights, duties, powers and obligations are under the Florida Constitution and under Florida statutory provisions, and believe that those are two issues that are issues of law, and the judge should be able to decide those first. So we filed a motion to bifurcate asking the Court to handle the legal issues first and the factual issues, if any, second. The Court ruled that what they would -- what he would do is handle the quo warranto matter that we file, which we sincerely believe is an issue of law, and that he will hear the clerk's matter regarding the Ochopee account and the request for an accounting of that account after the quo warranto matter has been decided, which is Page 106 February 13, 2007 why Mr. Weigel and the office has made this request that you decide to make a further request of the clerk that in the interest of conserving money in terms of litigating and finalizing this matter, that we do proceed with a bench trial. I don't agree with Mr. Blount that a jury can be selected in three days, but for every day that the jury selection occurs, the cost of all of these lawyers will be accumulating. And I'd like to remind you that the clerk has on record six different lawyers, six lawyers, working on this case, where we have essentially myself and we have one other outside counsel, that the clerk has outspent the county. If you look at your defense of Paul Wilson, the Fire Chief, Linda Swisher, his secretary -- and the only reason that you have to pay for their defenses is because the clerk sued them in addition to suing the county. If you add up all of the outside counsel expenses for all three defendants, you will find that the clerk has outspent the county three-to-one. And if you look at the amount of money that has been spent for outside counsel in the defense of the county, which is the part that I am handling, you will find that the clerk, by his own admission, and by findings that have been entered into by our outside auditors, he is outspending you 10- to-I. Ten times more money is being expended by the clerk in this case as against you, the commissioners. You've expended about $102,000 in out counsel in this entire case, and approximately 215- for Paul Wilson and Linda Swisher together. It is estimated by our outside auditors that the clerk has expended $1.1 million on this lawsuit. And the only thing we're requesting -- because we know that if you have six lawyers working on a lawsuit and they're billing you by the hour, then if you're going to spend a week picking a jury -- and I estimate it's going to take at least a week, if not more than a week to pick a jury -- then you're going to be paying for those lawyers who are sitting there picking that jury. We have no fear of going to trial with a jury. We think that any Page 107 February 13, 2007 right-thinking citizen in this county can hear the facts of this case and decide that the county is correct. But in the interest of simply saving more taxpayer money, the county attorney's requesting that the board take some action and say to the clerk, look, we've expended this much money, we think it's a legal issue, let's take it to the judge. We're ready to go to the judge. And if we don't go to the judge, we're ready to go to the jury, and I just wanted to tell you that. Thank you. CHAIRMAN COLETTA: Thank you. Commissioner Coyle? MR. BLOUNT: Commissioner, if I may, rather than believe-- CHAIRMAN COLETTA: This is not a court of law. COMMISSIONER COYLE: Hey, hey, hey. CHAIRMAN COLETTA: Please sit down. Sit down. This is not a court of law. COMMISSIONER COYLE: He said Commissioner Coyle. That doesn't include you, does it? MR. BLOUNT: I have copies of the court's order. CHAIRMAN COLETTA: Sir, sit down now or I'll have you removed. Sit down or you'll be removed. I hope I didn't get nasty there. I didn't mean to. COMMISSIONER COYLE: You didn't get nasty enough. Thank you very much. I'm continually amused at lawyers who come here and tell us that if we'll really look at the case, we will certainly agree with them. This is at least the second time someone has insulted my intelligence by doing that. What do you think we are, a bunch of potted plants here? We've been following this case probably a lot closer than you have, or else you would know some facts that you're not aware of. So we know the political -- or the legal wranglings that have been going on here. We know how things have been manipulated. We know what the issue is here. And I feel we need to resolve it as Page 108 February 13,2007 quickly as possible. It's a simple matter of law. So let's ask the judge to make a decision and interpret the law. The clerk has said he doesn't know what his responsibilities are. He said that clearly. We don't know what his responsibilities are, and I don't care. I just want to find out what they are. And then whatever they are, we will abide by them, and I'm sure the clerk will abide by them. So let's get this problem resolved, get it to the judge, let the judge rule on what the responsibilities really are, and let's get on with it. I am tired of postponing this thing. And we have not been responsible for most of that. Just a bunch of legal wranglings. You've complicated the process. You've changed the context of the case. It morphs from one thing into another thing on regularity. It -- and it's all been done purposely to complicate the decision-making progress, and I'm tired of it. And our lawyers, I think, are trying to get a decision and I'm trying to get a decision. I guarantee you that the clerk will not agree to a bench trial. We know that going in because they want to string it out, they want to complicate it more by bringing in other factors that weren't introduced in the beginning, they want to keep morphing this thing into something different. So I say, let's get it solved. I don't care which -- what decision is finally made. I don't care if the law says that the clerk has responsibility to overrule the Board of Collier County Commissioners at his discretion. I really don't care. Let's just get it solved, because that's what it's really all about. So I'm in favor of directing our legal staff to proceed to get a bench trial on this issue as quickly as possible. If there's anything we can do as Collier County Commissioners to petition the Court to get this done quickly and stop this ridiculous hemorrhaging of money going to lawyers for -- CHAIRMAN COLETTA: Second that. Page 109 February 13, 2007 COMMISSIONER COYLE: -- the purpose of fighting a legal issue that can easily be made by a judge. CHAIRMAN COLETTA: I second that. COMMISSIONER COYLE: Okay. COMMISSIONER HALAS: I third it. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: I have the -- thank you, Commissioner Coyle. I think you addressed a lot of concerns that are __ the concerns of the commissioners that are on the -- sitting on this dais. My understanding is that there's been a number of depositions that's been taken, and I think that once this -- if this goes to the Court and becomes a jury thing, I think it's going to end up like an OJ. Simpson trial, and I'm sick of it. All I want to do is get this thing taken care of, and it should be a bench trial, and that's where I stand. Thank you. CHAIRMAN COLETTA: Thank you. And my comment is I feel like I'm in a strange city riding around in a taxicab who's driving around in circles to run the bill up, I really do. And with that, if there's any more comments? (No response.) CHAIRMAN COLETTA: I see none. All in favor of the motion made by Commissioner Coyle and seconded by myself, Commissioner Coletta, 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. Page 110 February 13, 2007 MS. HUBBARD: Thank you, Commissioners. CHAIRMAN COLETTA: Okay. Thank you. Item #8B (Companion Item to #10A and #10B) ORDINANCE 2007-26: PETITION PUDZ-A-2004-AR-6417 RONALD BENDERSON ET AL, TRUSTEE, REPRESENTED BY ROBERT L. DUANE, AICP, OF HOLE MONTES, INC., REQUESTING TO REZONE FROM PLANNED UNIT DEVELOPMENT (PUD) TO COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) KNOWN AS THE I-75/ALLIGATOR ALLEY COMMERCIAL PUD. THE PROPOSED PUD AMENDMENT REQUESTS THE FOLLOWING: TO REDUCE THE SIZE OF THE PRESERVE/WATER MANAGEMENT AREA FROM 15 ACRES CURRENTLY REQUIRED BY THE PUD TO 10.58 ACRES; TO DELETE RESIDENTIAL USES AS A PERMITTED USE; TO PROVIDE A NEW LIST OF COMMERCIAL USES COMPARABLE TO THOSE ALLOWED IN THE C-1 THROUGH C-4 COMMERCIAL DISTRICTS, WITH SIC CODES; MODIFY THE PUD MASTER PLAN TO DEPICT THE FOOTPRINTS OF EXISTING LAND USES AND CONCEPTUAL FOOTPRINTS FOR UNDEVELOPED TRACTS; TO MODIFY THE CIRCULATION SYSTEM; TO ESTABLISH A MAXIMUM SQUARE FOOTAGE OF 265,000 SQUARE FEET OF RETAIL AND OFFICE AREA; TO RELOCATE THE EXISTING WESTERN ENTRANCE 50 FEET TO THE EAST; AND TO DELETE THE 50 FOOT PERIMETER SETBACK. THE PROPERTY CONSISTING OF 40.8 ACRES IS LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD IN PROXIMITY TO THE INTERSECTION OF COLLIER BOULEVARD (CR- 951) AND 1-75. THE SUBJECT PROPERTY IS LOCATED IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, Page 111 February 13, 2007 COLLIER COUNTY~ FLORIDA - ADOPTED Item #10A (Companion Item to #8B and #10B) RECOMMENDATION TO APPROVE A DEVELOPERS CONTRIBUTION AGREEMENT (DCA) BETWEEN BENDERSON, WESTPORT AND DAVIS CROSSING (THE DEVELOPERS) AND COLLIER COUNTY TO OBTAIN RIGHT- OF-WAY, EASEMENTS DRAINAGE COMMITMENTS AND ADV ANCED FUNDING FOR THE FUTURE EXPANSION OF DAVIS BOULEVARD - APPROVED Item #10B (Companion to Item #8B and #lOA) RECOMMENDATION TO APPROVE A DEVELOPERS CONTRIBUTION AGREEMENT (DCA) BETWEEN WATERWAYS JOINT VENTURE VII (THE DEVELOPER) AND COLLIER COUNTY TO OBTAIN PROPERTY FOR ROADWAY WATER MANAGEMENT, DRAINAGE AND ACCESS EASEMENTS FOR THE FUTURE EXPANSION OF DAVIS BOULEVARD - APPROVED MR. MUDD: Commissioner, that takes us to a time certain item of 1:05. We're about 30 minutes off on that one, but that's okay. And this is a three-part issue. You've heard this before. It starts with an advertised public hearing, it's item 8B, and it has two companion items, which are developer -- or developer agreements on lOA and lOB, and I'll read them all at once, and I expect that you hear them in the context, and then vote on them separately. But understand that 8B is an advertised public hearing. This item was continued from the January 23, 2007, BCC meeting. This item is a companion to items lOA and lOB, which will Page 112 February 13, 2007 be heard in and around 1 :05 p.m. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's petition PUDZ-A-2004-AR-6417, Ronald Benderson, et ai, trustee, represented by Robert L. Duane, AICP, of Hole Montes, Inc., requesting to rezone from planned unit development, PUD, to commercial planned unit development, CPUD, known as the 1-75/ Alligator Alley commercial PUD. The proposed PUD amendment requests the following: To reduce the size of the preserve/water management area from 15 acres currently required by the PUD to 10.58 acres; to delete residential uses as the permitted use; to provide a list of commercial uses compatible (sic) with those allowed in C-1 through C-4 commercial districts with SIC codes; modify the PUD master plan to depict the footprints of existing land uses and conceptual footprints for undeveloped tracts; to modify the circulation systems; to establish a maximum square footage, 265,000 square feet of retail and office area; to relocate the existing western entrance 50 feet to the east; and to delete the 50-foot perimeter setback. The property consists of 40.8 acres, is located on the north side of Davis Boulevard in proximity to the intersection of Collier Boulevard, County Road 951, and 1-75. The subject property is located in Section 24, Township 49 south, Range 26 east, Collier County, Florida. Again, a companion with the developer's contribution agreements at lOA and lOB, which I will read now. lOA, this item was continued -- also continued from the January 23,2007, BCC meeting. It's a recommendation to approve a developer's contribution agreement, DCA, with Benderson, Westport and Davis Crossings, the developers, and Collier County to obtain right-of-way easements, drainage commitments and advanced funding for the future expansion of David Boulevard. Page 113 February 13, 2007 lOB reads -- this is also companion to lOA and 8B. It was also continued from January 23, 2007, BCC meeting. It's a recommendation to approve a developer's contribution agreement between Waterways Joint Ventures, VII, the developer, and Collier County to obtain property roadway management -- roadway water management, drainage and access easements for the future expansion of David Boulevard. And I believe that Nick Casalanguida -- doing a whole lot better with your last name -- will present these items, but you need to swear folks in and you need to do ex parte, sir. CHAIRMAN COLETTA: Okay. Why don't we take the time at this point -- would you please -- could I have everybody stand who wants to speak on these subj ects and be sworn in. (The speakers were duly sworn.) CHAIRMAN COLETTA: Thank you. And now disclosures from the commissioner. And can we handle both items at the same time as far as disclosures go? Any objections from the county attorney? MR. WEIGEL: No, just get it on the record and you're fine. CHAIRMAN COLETTA: Commissioner Henning, can we start with you? COMMISSIONER HENNING: Yeah. I spoke to Nick on the DCAs. CHAIRMAN COLETTA: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. I spoke with transportation. My big -- my big problem is always transportation, it seems, and I spoke to them at length about that. I also spoke with Bruce Anderson representing the developer. CHAIRMAN COLETTA: And myself, I spoke with Bruce Anderson, staff and I received emails. Commissioner Halas? COMMISSIONER HALAS: Thank you very much. I talked Page 114 ~'<l" ~'.'.;- February 13,2007 with staff a number of times, both times in regards to this item, and I have no other -- anything else forthcoming as far as ex parte on this other than the staff. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: I have spoken with the petitioner, the petitioner's agent, Mr. Bruce Anderson, and the staff concerning this issue and the accompanying developer contribution agreements. We discussed the transportation problems, the improvements that are likely to be made, and the total costs to the government and the contribution -- and the donations that are going to be made by the developer. CHAIRMAN COLETTA: Okay. And if I could, please, when it comes time to make a motion, I hope the motion maker would include all three items under the same motion. There's no problem with that, correct, Mr. Weigel? MR. WEIGEL: No, pardon me. CHAIRMAN COLETTA: Please continue, Nick. MR. CASALANGUIDA: For the record, Commissioners, Nick Casalanguida, with Transportation. I'd like to just bring you up to speed on what's happened since the last meeting we were in front of you. First of all, I apologize. I said at the last meeting I didn't bring you the best arrangement or contract forward, and we've done a lot of work since that time. I can assure you from the minute I walked out of that room, I was on the phone. We've met with DOT to conform finances and the obligation that DOT would commit to and a time frame for that. I had a meeting with the Water Management District to go over the potential pond site and how we could limit our exposure to that pond site, and we've done some work on that. Worked with the County Attorney's Office to re-craft the agreements and discussion and business points, as well as met with the applicants multiple times. Page 115 February 13, 2007 We've done analysis on traffic to see what would happen if, based on vested traffic, what increases to that roadway and the circumstances that would follow based on that increase without an improvement. And that didn't come out too well, so we know we were stuck with doing something at some point in time. What I'd like to point out to you now is what we have changed since that day. Working with the Benderson and Alligator Alley PUD, they've agreed to double the water management that they will take into their project on the north side of the road and they've agreed to donate the land at no impact fee credits to the south side of the road. Savings from that alone is several million dollars. Working with developer of the Mystique development, we understood with meeting with the Water Management District that we'd have to put some of that land in preserve and mitigate, so we have an option contract on an additional three acres. So for a total of 13, we will get some pond site through the permitting process, and we're reasonably comfortable that that exposure has been, you know, restricted and limited based on that. They have also agreed to build the pond site for us in exchange for permitting the excavation and the soil that's out of there. That is a tremendous savings as well, too. The developer has also agreed to install the pipes and the structures at no cost to the county. We will just be paying for the pipes and the structures. That is also part of the agreement as well, too. The Benderson agreement has not been changed because some of these modifications only recently happened in the last days, but I would like to enter into the record that that agreement will be brought back to you with donated land and double the water management, and that agreement will be updated. I'd also like to recommend that if you adopt the PUD, that transmittal to the DCA of the PUD is subject to that agreement being submitted to us, signed and executed by the developer. Page 116 February 13, 2007 With the Mystique agreement, we have made several changes and are ready to submit those into the record to the county manager. And I've got to give credit where credit is due. Attorney Klatzkow is my partner in crime in this, and I could not accomplish the things I do without him helping me. COMMISSIONER COYLE: Poor choice of words, Nick. MR. CASALANGUIDA: According to the applicant. I think he wants to bring me up on charges is what I was told, right, Bruce? As far as changes to the Mystique agreement, we have optioned out the option for the county to turn down that 10 acres if we can't permit that. That's in there. The road impact fee credits that we are giving in exchange for the land is above what they could use, so we've allowed an assignment of those impact fee requirements, which is typical, and it's all within the boundaries of our ordinance. We have optioned out an additional three acres of land in this agreement at a fixed price, still below what DOT estimates the whole site would cost us, so we're getting that at still a discount. We have limited the exposure as far as how many units we intend to take if we have to go with the additional three acres and outlined that in the agreement as well, too, and we have agreed that the development would be vested upon execution of this agreement. I think it would be fair only to assume that if the developer's going to go this far, he'd have some surety. Both agreements have that in there. And again, the Benderson development has agreed that a majority of their additional square footage will wait, not till a certain time certain, but until the road is substantially complete, and so that's in there as well, too. I think, Commissioners, based on the analysis we've done on the traffic that will be in the area, that that state road is in the heart of our urban area and connects our network, that it's critical that we move on this. Page 11 7 "-_.< '.r """-~_"^'. February 13, 2007 Last time I said I didn't take it personally. I don't take your decisions personally, but when I go back, I think about, what did I do wrong because I try and present a complete package to you. I think in the end you made a wise decision that we come back with a more comprehensive package. And at this time, if you have any questions, I'd entertain those. CHAIRMAN COLETTA: Okay. Commissioner Halas, then Commissioner Coyle. COMMISSIONER HALAS: I just want to thank you on behalf of staff and Mr. Klatzkow in negotiating what's taken place here, and I think this is really beneficial to the citizens of Collier County. As you know, we have a huge road impact there and we were promised funds that did not materialize. So at that, I make a motion that we approve numbers 8B, lOA, and lOB. CHAIRMAN COLETTA: Okay. And Commissioner Coyle? COMMISSIONER COYLE: Yeah. I have a few questions. I just want to clarify some things. COMMISSIONER HALAS: I guess we didn't get a second. CHAIRMAN COLETTA: No, I'm sorry. I didn't mean -- don't mean to interrupt you, sir. I just want to see if there's a second to that motion. COMMISSIONER HENNING: Yeah, I'll second that. CHAIRMAN COLETTA: Okay. We have a motion by Commissioner Halas and a second by Commissioner Henning. Please go ahead. COMMISSIONER COYLE: Page 4 of the executive summary, top paragraph, the last sentence in the paragraph, talking about statements that were provided verbally to environmental consultants on September 21,2005, shall be completed. What were those, and are they included in any kind of an agreement or included in approval of this process? Page 118 February 13,2007 MR. CASALANGUIDA: Nothing from environmental consultants was in our agreement. I would ask that maybe Mike DeRuntz or anybody else that's familiar with the environmental issues here -- COMMISSIONER COYLE: It says that the changes needed to the environmental impact statement that were provided verbally to environmental consultant, Ken Passarella, on September 21, 2005, shall be completed. MR. DeRUNTZ: Mike DeRuntz -- COMMISSIONER COYLE: What is that, and are they going to be completed? MR. DeRUNTZ: Mike DeRuntz, Principal Planner with the Department of Zoning and Land Development Review. What they were requesting is that fencing would be provided around the stormwater -- water management area, and that was incorporated into the PUD document. COMMISSIONER COYLE: So it is in the document? MR. DeRUNTZ: Yes, sir. COMMISSIONER COYLE: It's not something we have to worry about? MR. DeRUNTZ: That's correct. COMMISSIONER COYLE: Now secondly, the right-of-way that will be provided on the south side of Davis Boulevard is going to be provided free of charge now. It's going to be contributed by the developer, no impact fee offsets. MR. CASALANGUIDA: Correct, and one thing Attorney Klatzkow pointed out is that those two business points in that agreement will be changed to be very clear, twice the water management, no impact fee credits or no monetary payment for that land. It will be donated to the county. COMMISSIONER COYLE: Okay. MR. CASALANGUIDA: And those are the two changes that Page 119 February 13, 2007 have been authorized. COMMISSIONER COYLE: Okay. Now, what can you tell me about the road capacity that is going to be created as a result of these changes and these contributions by this developer? MR. CASALANGUIDA: Sure. We've run -- we've run the analysis, and we were expecting about 2020 we'll have some problems at that time, but -- and I have to caution you, that assumes network improvements as well, too. Santa Barbara extension, other things that go on as well, too. But it buys us a significant amount of time. Any further improvements, we started getting into the ultimate improvements on that intersection and the interchange. COMMISSIONER COYLE: Okay. Now bottom line, the developer is going to have an impact himself. MR. CASALANGUIDA: That's correct. COMMISSIONER COYLE: The developer has also cooperated in contributing land right-of-way and that sort of thing for the county's use. How much of the new capacity being created by the developer's contributions will be used up by the developer? MR. CASALANGUIDA: I don't have that exact number. I would ask that maybe Rick Reef (phonetic), would you have that number handy? It might be in that statement. COMMISSIONER COYLE: Well, here's where I'm going with that. MR. CASALANGUIDA: Sure. COMMISSIONER COYLE: I appreciate the developer's and the staffs ability to reach a decision on this and the contributions that are occurring, and we badly need that additional capacity, but I think it is fundamentally unfair for someone else to use the capacity created by this developer without contributing their fair share. How do we get other people who are coming on there to help contribute their fair share so that we have a real fair share result here? MR. CASALANGUIDA: It was pointed out, about one-sixth of Page 120 February 13, 2007 the capacity that would be on the new capacity, not the existing volumes on there. Your question is very good. And I think we've looked at different ideas on how to deal with that. I think as far as zoning approval's concerned, any new zoning approvals, we could come in and negotiate, discuss, figure out what the fair share would be towards that impacts. You will have four or five additional agreements in queue coming forward, and I think they're all tied to that proj ect being done and paying their fair share in advance, prior to completion. COMMISSIONER COYLE: How can we make sure? Because what they could argue is, Benderson has already created the capacity for us. We can take advantage of that without -- without contributing anything. MR. FEDER: Commissioner, for the record, Norman Feder, Transportation Administrator. I need to note that what is happening here is, by these developers coming forward and providing this, they are advancing this project. The 27 million further and the other project and the 20 million with the payback are going to be coming in the way of payback. Any other development coming in this area will have to pay its impact fees as well. So in effect, this is a situation where there are a group of developers, some vested and some non-vested, to be able to move forward, are helping us advance this project with payback from the state. COMMISSIONER COYLE: Okay. But -- I understand that, but there's still people who have not contributed above their impact fee. Impact fees are not sufficient to make up for the deficiencies here, as this developer has recognized, and they have given us more than impact fees to get this moving ahead. I'm looking to make sure that other people who benefit from that will be contributing something to sustaining the level of service of this Page 121 February 13, 2007 road network -- MR. CASALANGUIDA: Let me clarify your question. COMMISSIONER COYLE: -- which could be beyond impact fees. MR. CASALANGUIDA: I have some clarification I could add to that because I've thought about your question a little bit. Some of the DRIs that are in the area are required to pay their fair share above and beyond their impact fees. COMMISSIONER COYLE: Okay. MR. CASALANGUIDA: So we'll collect that. I would say that a half dozen applications are still in the prezoning stage, so when we get to that phase, we'll look at right-of-way and fair share payments toward that as well, too. You will see that in the agreements that we bring forward coming forward to you as well. There may be a handful of vested developments that we cannot ask for additional monies from. I would say that that's small compared to what you will see coming forward, and also you have your TCMA requirements that are part of that as well, too. So there are some safeguards. COMMISSIONER COYLE: Okay. TCMA requirements could help us provide levels. Now, the final point is this, in the discussions with Stan Kahn and DOT, which we had, they are willing to sign a contract, an agreement, right now guaranteeing us the $20 million, starting payment in 2013, if I remember correctly, okay. MR. CASALANGUIDA: That's correct, sir. COMMISSIONER COYLE: Now, beyond that they're also willing to sign an agreement giving us an additional $28 million and they're willing to sign that in July when that program is approved. MR. CASALANGUIDA: Yes, sir. COMMISSIONER COYLE: Now, is all that -- is all that going to be worked into this motion? MR. CASALANGUIDA: I would suggest if that's your request, Page 122 February 13,2007 we can do that. COMMISSIONER COYLE: Okay. MR. CASALANGUIDA: I think the first thing we'll be doing -- COMMISSIONER HALAS: That's in my motion. COMMISSIONER COYLE: Okay, good. COMMISSIONER HALAS: I'll put that into my motion. COMMISSIONER COYLE: Good. So-- COMMISSIONER HALAS: We have a representative from FDOT there, so I hope that we get some acknowledgement from them also, just to get it on the record, please. COMMISSIONER COYLE: We had plenty of witnesses, didn't we, Johnny? MR. LIMBAUGH: Yes, sir. COMMISSIONER COYLE: And you did stand up and be sworn in, didn't you? MR. LIMBAUGH: I did. COMMISSIONER COYLE: Okay. Would you object to doing it again, Johnny? MR. LIMBAUGH: Not at all. Johnny Limbaugh, Southwest Area Office Manager for Florida DOT, for the record. Yes, we're ready to go ahead and do -- there will be two agreements, one which will be the -- for the 20 million from outside the work program. The other agreement would address the second portion of the project, which is in '11/12 to advance that project. The reason we cannot enter into the -- both agreements today is Santa Barbara to Radio project is in our tentative work program. We cannot enter into an agreement until it is in the adopted work program, which is July 1 st. So what we've proposed is, go ahead and draft both agreements, present them to the board for approval and signature. We would sign the first one for the $20 million. We would hold the second agreement until July 1. We would sign it, and at that time it becomes official. Page 123 -~--_.~" -""'-""--"""",,,~, February 13, 2007 COMMISSIONER COYLE: Okay. So if I could just summarize then and put all this together, then I'm finished. The motion is a motion to approve this item plus the two companion items representing the DCAs, and they recognize the fact that the right-of-way along Davis Boulevard and behind the gasoline station there at the intersection will be donated to the county as well as water retention area and that we're also getting right-of-way from the other developer just to the west of Benderson, the Benderson development, that Department of Transportation is going to sign -- or we're going to sign an agreement with the Department of Transportation for the $20 million with paybacks beginning 2013 and that we will also sign an agreement with Department of Transportation which will not be accepted by DOT until July for an additional $28 million. Okay. Did I cover everything? MR. KLATZKOW: Just for clarification, if they don't sign it in July, what happens to this deal? COMMISSIONER COYLE: We're going to go out and tear up 951. We're going to bulldoze big ditches right across it. MR. KLATZKOW: Okay. So it's not contingent on the July agreement actually going forward? COMMISSIONER COYLE: It's not -- no. I merely said that we would sign an agreement and submit it to DOT for the additional $28 million. MR. KLATZKOW: Because they've taken money from us before. COMMISSIONER COYLE: I know they have, and they have to understand there will be dire consequences if they do it again. CHAIRMAN COLETTA: Okay. COMMISSIONER HALAS: That's in your -- is that in your second also, Commissioner Henning? COMMISSIONER HENNING: Sure. CHAIRMAN COLETTA: I love it, I love it when you can do it Page 124 February 13, 2007 in one word. Okay. Commissioner Fiala, then we have one speaker. COMMISSIONER FIALA: Okay, fine. Yes, just a couple fast questions. First of all, thank you so much for all your hard work. I know that you really worked day and night to get this thing done. I had a question on how it was written on page 3 of 203. There were just a couple paragraphs. The first one said that 1-75 and Davis Boulevard are projected to operate at a level of service F with or without this project in the year 2006, and I was just wondering -- then it also said, as a result, the transportation service division has changed their recommendation from approval to denial. Could you explain that to me? MR. CASALANGUIDA: Sure. That was the old statement. When they reference the project, they mean the development project, not the roadway proj ect. So they're saying that based on the existing capacity and roadway, that the Benderson project, that the road would fail regardless of them in 2006, and we've seen that happen. So the clarification is, the word project means two different things in those executive summaries. COMMISSIONER FIALA: Okay. And the recommendation of denial is not with -- holding true then, right? MR. CASALANGUIDA: Right. That would be without the roadway project for the improvement, would be a recommendation of denial, but since that proj ect -- COMMISSIONER FIALA: Okay, okay. And one other question, that is, the 1-75, 951, Davis Boulevard intersection, which is a real mess right now, we haven't addressed that much here. We've been talking just about Davis Boulevard, but still this traffic is going to be hitting that intersection, and we've been told by the state, of course, they won't even -- they can't widen 1-75 because the intersection cannot accommodate the traffic that is generated presently, much less any further. So what are we going to do about Page 125 February 13, 2007 that intersection? MR. CASALANGUIDA: Sure, I can address that. You're already right now in the conceptual design stages, and you're going to see an agreement coming, not agreement, but a change order to do an additional design from Davis to the canal north of 1-75. It is our intention to bid that project as one piece, from the canal south to the Davis intersection, include the intersection, and west to Radio Road. It would be one mile, one mile. And we expect and we hope to let that in the spring of next year. COMMISSIONER FIALA: So that will all be one project then. I couldn't imagine how we were going to do Davis -- MR. CASALANGUIDA: Yes, ma'am. COMMISSIONER FIALA: -- and not do anything about that intersection. MR. CASALANGUIDA: That's our top priority, yes, ma'am. COMMISSIONER FIALA: Okay. That was my concern, and I think -- with 1-75 remaining as a four-lane highway, will that in any way affect what we're doing here? MR. CASALANGUIDA: We're only going to make improvements to that intersection. Even the ramp's coming off heading westbound. Obviously the traffic on 1-75 will have an impact as it grows at that intersection, but we're going to max out the intersection in what we can control. COMMISSIONER FIALA: Because we're trying to put through an Everglades Boulevard intersection which will then bring a lot of that traffic out of Golden Gate. And they're not going to go to Miami. They're going to come here. And right now there's no way that intersection could accommodate it, and we really feel it's important for the Golden Gate Estates people to get out of there, but we've got to do something about that as well as the 1- 7 5 thing. So my hope is that we're taking a real close look. MR. CASALANGUIDA: We are. As part of the interchange Page 126 February 13,2007 justification study, we will look at that and what impacts that will be based on that. COMMISSIONER FIALA: Yeah. I'd hate to see that interchange not go through because the intersection can't accommodate it. CHAIRMAN COLETTA: Good point. COMMISSIONER FIALA: Okay. Thank you. CHAIRMAN COLETTA: Thank you. And the speaker, please. MS. FILSON: Garrett Beyrent. CHAIRMAN COLETTA: Mr. Beyrent, state your name for the record, please. MR. BEYRENT: For the record, my name is Garrett FX Beyrent. I'm the owner of the Magnolia Pond PUD, which is the stretch of road that was previously referred to as from Davis to Golden Gate Canal. You may not remember me, but I appeared here about a year ago when I was here to get a continuation of my PUD, and at that time Norm Feder got up and presented to the board the fact that the level of service on Collier Boulevard had dropped to F and that my PUD, as a result, was no longer in conformance or concurrent with the county PUD standard. So as a result, I began to work with Nick Casalanguida and Don Scott to remedy this situation in the form of a developer contribution agreement. And my stretch of roadway is kind of like in the -- it's really lost. I mean, it's the canal to Davis Boulevard. And all the other developers that were working with Nick were coming up with different contribution agreements, and I was too, but my project, which I had approved in 1998, basically fell into a moratorium status about four years ago. And so what I was trying to do is I was trying to work with Nick, along with all the other developers, to come up with a proportionate share agreement. And we've been attending meetings for, gosh, a long Page 127 February 13, 2007 time. And what Nick and Don Scott drew up with Norm Feder, it seems high from a developer's standpoint, because I'm only a 231-unit PUD, and my contribution to improve Collier Boulevard is over a million and a half dollars, you know. I'm not Benderson, and they're spending a lot of money right now because they can't go anywhere without Nick Casalanguida behind them, and the guy's done a great job, and I just want to thank him for that, and I hope you go along with him, and some day I can actually develop my project. It took me -- it took me three years to build Magnolia Pond Drive in to get a road through my project so they could build the Golden Gate High School, and with that, I got a road and water and sewer and -- but the whole idea is that the whole process of developing takes many years. And like saying a five-year program where your PUD is good for five years and then it sunsets, boy, you can spend two years in processing just your environmental issues, and I don't even have any. So I just wanted to just thank the staff because these guys are really working. You should see them sweat in that room trying to hammer out different deals and all the developers saying, ooh, that's too much money, that's too much money, and then you read in the paper what it costs, you know, just -- if you guys don't build Collier Boulevard -- and next year it's going to cost you a lot more money. So listen to those guys. That's what you pay them for, right? CHAIRMAN COLETTA: That's true. MR. BEYRENT: Thank you. CHAIRMAN COLETTA: Thank you, sir. And with that, I'm going to close the public hearing. We have a motion by Commissioner Halas, a second by Commissioner Henning. Any other discussion? (N 0 response.) Page 128 February 13, 2007 CHAIRMAN COLETTA: Seeing 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: And the ayes have it, 5-0. Thank you very much, Nick. Thank you, Jeff. Thank you, everyone, for helping to put this together. Mr. Mudd, before you go on, we have some people in the audience. I'd like to see if we could take care of them next since we're taking care of our time certains. I'd like to go to first, issue number 10F dealing with the CAP, and from there, 8C, dealing with the Collier County fire prevention and protection code, so that we can get these people out of here and back to wherever they need to be. MR. MUDD: Okay. So you want to do 10F first? CHAIRMAN COLETTA: 10F first. Item #1 OF STAFF REPORT FOR THE NORTHEAST REGIONAL UTILITY FACILITY COMMUNITY ADVISORY PANEL REQUEST FOR CONSIDERATION OF AN ALTERNATIVE BUFFER CONSIDERATION, PROJECT NO 70902 AND 73156 - DISCUSSED: NO ACTION TAKEN MR. MUDD: 10F is a staff report for the Northeast Regional Utility Facility Community Advisory Panel request for consideration Page 129 February 13,2007 of an alternative buffer incineration, project number 70902 and 73153. Mr. Jim DeLony, Administrator for Public Utilities, will present. MR. DeLONY: Good afternoon, Jim DeLony, Public Utilities Administrator. I'm scrambling a bit, putting my folks here, but I know we have the CAP here. Commissioners, in front of you is the executive summary, which essentially is a response by staff to come back at your direction with the cost estimates. COMMISSIONER FIALA: Could you explain to the audience what CAP is? MR. DeLONY: Yes, ma'am. Thank you. The Citizens Advisory Panel which was set up as part of the delivery team for our northeast facilities that are going to be constructed up on the Orangetree area. And members of that -- in fact, members are here today, and I'm sure they're on the list to speak today. But this particular item is brought back at your direction. Your direction was clear to provide you the cost estimate difference between what staff was proposing as -- in accordance with the Land Development Code vice (sic) what the Citizens Advisory Panel, or the CAP, was requesting that would be built in terms of a buffer along the northern boundary of that plant site, and that, as a matter of introduction, is this particular item. And I await your questions, or we can proceed as directed, Mr. Chairman. CHAIRMAN COLETTA: Why don't we do this. Well, Commissioner Henning, I see his light on, so we'll go to him first. After Commissioner Henning, we'll go to the speakers, and then let's go ahead and deliberate and decide what we're going to do. COMMISSIONER HENNING: Mr. DeLony? MR. DeLONY: Yes. COMMISSIONER HENNING: Have you spoken to community development whether you would need to amend your conditional use, since you're changing the buffer? Page 130 February 13, 2007 MR. DeLONY: Sir, I have no -- I don't believe there's any requirement for us to amend the continued use -- conditional use permit for a buffer. COMMISSIONER HENNING: Okay. Mr. DeLony, have you checked with community development whether you have to change your conditional use to fit the conditional use for changing the buffer? MR. DeLONY: Yes, sir. This is a -- this is part of a PUD, planned unit development. COMMISSIONER HENNING: Right, a PUD? MR. DeLONY: Yes, sir, yes, sir. And this particular -- this particular site, we're basically at all approvals through community development less the final site development plan, which community development will get here in the next couple months. COMMISSIONER HENNING: Okay. You still didn't answer my question. MR. DeLONY: Yes, sir. Sir, I'm not aware of a need for that. COMMISSIONER HENNING: So you haven't checked with community development? MR. DeLONY: Sir, I -- no, sir, I have not. But I would hope that in my coordination with them up to this point, that would have been indicated to me by community developments. I could ask that question certainly, but I'm not aware of a requirement for a conditional use permit for a buffer. COMMISSIONER HENNING: Well, if you're deviating from the code -- and I don't know. It might be above and beyond the code. MR. DeLONY: Yes, sir. COMMISSIONER HENNING: What I seen at Commissioner Coletta's town hall meeting was removing landscaping requirements and putting it an eight-foot wall. And I know our code says up to six foot. And you want to put an eight foot on a berm. So the little I know about the Land Development Code, I think it would be a deviation. CHAIRMAN COLETTA: Mr. Schmitt? Page 131 '-'___"0' .""___ February 13,2007 MR. DeLONY: Let me -- I have Bruce here from WilsonMiller. Let's see if Bruce can provide you an answer to that question, sir, if I might. MR. TYSON: I'm Bruce Tyson, a Landscape Architect and Planner with WilsonMiller. About a year and a half ago we came and received a PUD modification for this property. It was an amendment. And during that process, we went through and explained exactly what was going to happen with the buffer. In my discussions with the people at CDES, they have suggested that the treatment facilities that will be placed on this property will fall more into a category of an industrial use. And because of that, the code does allow for an eight-foot wall when you have an industrial use that would buffer up to residential uses. So the reason that the opportunity exists for an eight-foot wall is because the code allows it for those use differences. COMMISSIONER HENNING: So we're not removing any landscaping that was proposed? MR. DeLONY: No, sir, we're not. COMMISSIONER HENNING: Okay. So it's different than what was presented to us at the town hall meeting. MR. DeLONY: Sir, I don't -- I'm sorry that my delivery team -- we got moved up a little quick, but actually the sketch, as I showed you, a wall, and I had trees against that wall as part of it, and the only vegetation that will actually be removed would be hedge that was between that tree line. COMMISSIONER HENNING: Right. CHAIRMAN COLETTA: Right behind you, I believe is a picture, and maybe we'll put it up on the board over there. And go ahead and explain it one more time, Mr. DeLony, what the difference is. MR. DeLONY: Not that microphone. Page 132 February 13, 2007 CHAIRMAN COLETTA: Right behind you. MR. DeLONY: Yes, sir. I believe at the meeting we spoke to, sir, this is now a sketch of what I showed overhead. This is essentially the CAP, or the Citizens Advisory Panel, requested buffer. It shows you a good picture of the trees that would be part of that buffer, and then the wall that would be part of it. Do you have the other one? This is the buffer treatment that we believe is consistent with the Land Development Code which doesn't provide for a wall, but rather only for hedges that are between that tree line, and this is a little bit bigger picture. And I believe these are the pictures I showed at that meeting. CHAIRMAN COLETTA: Does that answer your question, Commissioner Henning? COMMISSIONER HENNING: Well, I could be wrong, but with a wall, you still had to have a buffer. And I'm just trying to get at the Land Development Code now. A land -- or a hedged buffer, but that's something that community development has to address. So this might be a bigger issue than asking for additional monies for additional buffering. MR. DeLONY: Certainly we'll be looking closely at that. Today we're here to discuss the cost alternatives between a concrete wall as opposed to a vegetative buffer required by that LDC. To the best of our ability, we've applied that. But certainly -- and that's one of the things I spoke to at -- the last time I was here. One of our very great challenges here is to make sure that we are able to provide this information to you commensurate with the expectations of everyone certainly before I have a full Site Development Plan, which I will not have for a couple more months. But it was felt that, before we could proceed with that final Site Development Plan, we need to have the intent of the board as to whether we would incorporate a wall-type buffer or vegetative-type Page 133 February 13, 2007 buffering to our final Site Development Plan submittal. And I believe that's correct, Mr. Coletta, to the direction of the guidance we got from last time from you in particular. CHAIRMAN COLETTA: Only through commission would I give direction, of course. MR. DeLONY: Yes, sir. COMMISSIONER HENNING: And one other thing. This will be enjoyed by paying -- by all the users in the water and sewer district. MR. DeLONY: The actual construction itself, the cost associated with construction of whether it's vegetative or concrete will be borne by impact fees, as all new construction is within the water/sewer district master plan and as well as our capital investment strategy. Once these are built, of course, it's user fees, rates, you know, what you pay on your water bill every month, that takes care of the operation and maintenance of those built facilities. Does that answer your question, sir? COMMISSIONER HENNING: Thank you. CHAIRMAN COLETTA: Mr. DeLony, I'm going to jump in front of my two other commissioners that are looking to be able to address this. Mr. DeLony? MR. DeLONY: Oh, I'm sorry, sir. CHAIRMAN COLETTA: No, that's okay. I didn't have your attention, I guess. Could you put up on the board over here what the map is of exactly what CAP is looking for? I mean, there's been quite a bit of modification from what it was back some time ago. What is it that the 885 -- $885,000 would be doing? MR. DeLONY: The -- and Jake, I want to make sure that I get this right, so help me if I don't, okay? MR. SULLIVAN: Oh, you know it. MR. DeLONY: As we can see here along the northern reach of Page 134 February 13, 2007 this boundary, the Citizens Advisory Panel has requested this type of buffer for this northern reach. That would extend from our property point here adjacent to the fairgrounds to the water district's -- meet the South Florida Water Management District's canal here, and they've asked for that buffer to be a wall, a concrete wall for that approximately 7,000 linear feet of boundary or that reach, and that's what they've asked for. CHAIRMAN COLETTA: And this is a takeback from the original request was for that wall to go where, originally? MR. DeLONY: As I understand it, the original request was to provide for a similar-type wall along this reach here and extending up through this reach here and, of course, this piece here. CHAIRMAN COLETTA: And the part over there between the fairgrounds and the -- MR. DeLONY: Yes, sir. CHAIRMAN COLETTA: -- back side? MR. DeLONY: There was -- we'd never got into discussions and specifics of exactly what would be from this point here to here, but certainly along this reach here and here as it abuts the Waterways subdivision area, there was a request for a wall, and they have since said they'd be happy with a vegetative buffer. That would meet their expectations. CHAIRMAN COLETTA: Okay. MR. DeLONY: Jake, am I right? CHAIRMAN COLETTA: Mr.-- MR. SULLIVAN : Yes, that's correct. CHAIRMAN COLETTA: Would you state your name for the record? MR. SULLIVAN: For the record, I'm Jake Sullivan, chairman of the Citizens Advisory Panel, and that's correct. CHAIRMAN COLETTA: Okay, thank you. I'm going to go to the other commissioners, then I've got some comments I want to Page 135 February 13, 2007 make. Commissioner Coyle, you're first, then Commissioner Henning. COMMISSIONER COYLE: I was going to wait until after the public speakers. CHAIRMAN COLETTA: Okay, that sounds fine. Commissioner Halas. COMMISSIONER HALAS: Yes. I've got a couple questions I'd like to ask Jim DeLony. What type of buffer do we presently have at other existing facilities within Collier County where we butt up against the residential area? MR. DeLONY: They vary, and they vary based on the requirements of the Land Development Code that was in effect at the time that that particular site was developed. Some places we have nothing more than a chain link fence. Some places we've got something more substantial, and maybe a chain link fence with some vegetation incorporated as part of that buffer. We have very few places where we actually have a concrete structure as part of that separation between the utility site and the adjacent properties. It's a function, again, of what were the Land Development Codes in place at the time of the development as well as what was a zoning on the adjacent properties to that, because we know over time, as we've built infrastructure, adjacent properties zoning would change. Primarily buffering is required -- and I've got Susan here to make sure I keep this straight -- is to ensure compatibility between two adjacent land uses. In the case -- in our case here, our land use here is Estates overlaid with, I believe, agricultural zoning in this area, just Estates. Thank you. In this area here, this is residential. This has been recently zoned residential, so the buffering requirements are obviously different here per the LDC than they are in this area here. So I hope I answered your question, sir. Page 136 February 13, 2007 COMMISSIONER HALAS: Yes, you did. And my last and final question, until I hear the public speakers. You're talking about impact fees for water and sewer district. Is this considered a water and sewer district by itself? MR. DeLONY: No, sir, it's not. This is not considered a subdistrict. Once this becomes -- this area is part of the total district. There's not a subdistrict. COMMISSIONER HALAS: Okay. So we're looking for people that live outside this area for their impact fees to shoulder some of the cost of this? Because we have people that -- if you're saying that this is in a separate sewer and water district that encompasses all the districts that we have in Collier County; is that what you told me? MR. DeLONY: Sir, we have one impact fee for the entire district. COMMISSIONER HALAS: Okay. So what we're doing is asking the other people in the county to shoulder the additional expenses that are going to come out of impact fees; is that correct? MR. DeLONY: The -- any expenses associated with capital development within the district is shared amongst all impact fee payees. COMMISSIONER HALAS: Okay. Thank you. CHAIRMAN COLETTA: Okay. We'll-- at this time we'll call the speakers. MS. FILSON: Richard Babb. He'll be followed by Odus Landreth. CHAIRMAN COLETTA: Mr. Babb, besides stating your name, if you would tell us, too, where you live. That might be able to help. MR. BABB: I'm Richard Babb, and I live at 4225 18th Street Northeast, which on the pictures up there, it shows on that north boundary of the plant site. Good afternoon, Commissioners. I reside immediately next to the planned north water treatment -- waste water treatment facility, almost Page 137 February 13,2007 left out an important word there. This will be a big construction job, and it's going way out -- the construction is going to start soon with our border, we hope, and go out into 2011 at least, and it will have all the usual noise of construction of a job, the trucking equipment noise and dust. And this is right up against our yards where we try to live in peace. The noise, of course, will include that constant beeping from all the equipment, which is allowed to start at 6:30 a.m. outside my bedroom window. It's allowed to go to 7:00 at night. Please try to imagine what it would be like outside your windows. I'm sure you have the picture, thank you. This is why we on the CAP are requesting that you approve an adequate buffer against this pending tumult to preserve our peace that we now enjoy. Thank you. CHAIRMAN COLETTA: Thank you, Mr. Babb. MS. FILSON: Next speaker is Odus Landreth. He'll be followed by Jake Sullivan. MR. LANDRETH: My name is Odus Allen Landreth. I reside at 4220 18th Street Northeast, which abuts the north boundary of this property. When my neighbors and I first learned about -- that this facility was proposed, we were assured by the sitting commissioners and by the county manager that the facility would be built so that we would not see it, hear it or smell it. Our concern was that unless all three of these conditions were met, the presence of the plant would affect both the quality of life and our property values. We know that the technology exists so that the odor will not be a problem if the equipment is maintained and operated properly; therefore, our concerns focus on not seeing and not hearing the operation. We are assured that property values around other -- two Page 138 February 13, 2007 wastewater plants was not affected by the proximity to the facilities. That statement is somewhat misleading because in the case of each of the existing plants, the surrounding areas were developed after the plant was in existence. I had a map. Is there -- okay, right. This is the south portion of the Goodlette Road plant, and it shows the western edge of the Victoria Park subdivision, particularly Nottingham Drive and Sandringham Gate. Most of the lots on these streets are .26 acre. Looking at the records of the tax assessor, the lots on the west side of the streets, those lots abutting the utility plant, have a land value of $188, 160. The identical lots on the east side of these streets and elsewhere in the subdivision, have an assessed value of $195,840. This is a difference of $7,680, or approximately 4 percent. Here again, these residents knew the plant was there, but the property did reduce the value of their property. The county has proposed that the new facility be surrounded by a buffer of trees and bushes which would screen most of our view of the facility; however, they admit that they will always see partially through the trees and probably at times through the bushes. Weare asking that a concrete buffer be applied which should totally screen the view of the facilities and will also reduce some of the noise directly -- which would come right through the hedge that they propose. We ask for favorable consideration of this proposal, and yes, it will cost more than the vegetation, but it will offer us more isolation from the plant. And when we purchased and located our homes here, we had no idea that this facility was coming. We would ask that you spare us the thought of possibly losing some of our value. Please let us have a solid buffer. Thank you. MS. FILSON: Your final speaker, Mr. Chairman, is Jake Sullivan. Page 139 February 13, 2007 MR. SULLIVAN: Good afternoon. We've tried to make a couple of points here today, but most importantly, nobody wants to live next to one of these things. And you can see what they've done out in Ave Maria with their plant. CHAIRMAN COLETTA: Click on it again. MR. SULLIVAN: They've extended the berm up out there surrounding their plant a good 15 to 20 feet. That's an earthen berm. We're looking for a wall. And what it's come down to here is, is that we looked at an earthen berm, and we decided that the cost of that, with staff, jointly we decided, the cost of that was going to be prohibitive mostly because of what the cost of fill is nowadays. But the wall -- we've got a few strong reasons as to why a wall would be preferred over a landscape buffer. First of all, the landscape buffer, the wall, would provide for a right-of-way for some sort of protection and privacy to the people living adjacent to the proposed plant. The other thing is, is that it takes time for these plants to grow in. We don't see that while they're drilling these wells and building this plant that these trees and whatnot are going to be substantial to provide the privacy that these folks need. The other thing is that we don't want to -- if my technical guy here would keep up with me, we'd have some photos up here. We don't want these folks to have sites like they do down there at the north plant. I know somebody had brought that up. One of the commissioners brought up the north plant. They asked what kind of barrier they have there. Well, they have a chain link fence there, which affords folks the opportunity to see trailers loaded with the final sludge material sitting there waiting to go to Okeechobee, and it's also very inherent on storm conditions. For a while there, the fence located at the north plant, it got hit by Hurricane Wilma and it was laying on the ground. We don't see a wall as doing that. We see a wall is going to be more protective to the Page 140 February 13, 2007 security of the plant, and it will prohibit trespass by unauthorized persons onto the plant. There's been some mention as to how this is going to be paid for. It's my understanding that once this plant is constructed, it's going to tie into the other two plants. Our impact fees out there in eastern Collier County help to pay for improvements to those two plants also, I believe. I might be mistaken. But this project -- more importantly, this project is estimated to be $188 million. And what we're talking about here is less than one-half percent of the total project cost, less than a half a percent. We've already -- you've already approved an amendment to Corrolio's (phonetic) contract, I believe, for a million dollars. This is less than that. So we'd ask that you abide by the guiding principles for development of this utility facility, which said that you would be a good neighbor, the good neighbor policy, and that you be respectful of the folks that live there and approve this solid wall buffer. Thank you. CHAIRMAN COLETTA: Thank you, Mr. Sullivan. MS. FILSON: That's your final speaker, Mr. Chairman. CHAIRMAN COLETTA: Commissioner Fiala. COMMISSIONER FIALA: Yes. I guess I'm already jumping to the conclusion that we're going to build the wall because I think it's a good idea. I just wanted to make sure that we were going to do that before all the construction begins so that we can protect the surrounding communities from as much noise and dust and so forth as possible. MR. DeLONY: Commissioner, for -- it's always been our intent that whether your direction were a wall or a vegetative buffer, that we would mobilize this summer -- late this summer, for sure this fall, and get that in place so it's there growing, maturing, and we would then begin mobilization later on in the following years to come. So the idea as to building it first is exactly our plan, ma'am. Page 141 February 13, 2007 COMMISSIONER FIALA: Very good. I remember you saying that before -- MR. DeLONY: Yes, ma'am. COMMISSIONER FIALA: -- but I didn't read it in here. I just wanted to put that on the record. MR. DeLONY: Yes, ma'am. CHAIRMAN COLETTA: And I'm going to go next, if you don't mind. COMMISSIONER HALAS: Sure. CHAIRMAN COLETTA: One of the things I wanted to do first is I want to thank staff and the members of CAP for working so well together all these months. This is an excellent example of a county outreach coupled with a meaningful citizen participation. What you're hearing now is the end result. Everything else has been agreed to. There's been a lot of great guidance that came from this group and from staff working together. Tremendous accomplishments have been made. So don't think this is a one-issue group, it's not. It's just, this is the one thing where staff could not go any farther with it. They had to come to us to get the final direction. I want to point out that the prorating of the expenses versus the community benefit over a 30-year period, there would be a reasonable period for a business to expense the cost. It would come to less than $30,000 a year to offer this amenity that would go a long ways towards making this community whole. The residents in this area will soon be in deep discussion with the county over the size of their impact fee to be paid when the new plant's built. When this switch-over comes forward from the Orangetree Utility to the new Northeast Regional Utility, there's going to be a fee that's going to be contested. Judging by what was experienced in other areas of the county over increased costs of -- for installation of sewer and water, this Page 142 February 13,2007 amenity will go a long ways towards proving that we, the county, have a county government that cares for the people and it acts in a responsible way. And with that, I kind of hope that we can justify within this commission. I am too also -- in fact, I'm going to go ahead and make a motion at this time that we vote for the recommendations that came down from CAP through staff for the additional money to build the wall. COMMISSIONER FIALA: I second the motion. CHAIRMAN COLETTA: Okay. So we have a motion by myself, Commissioner Coletta, and a second by Commissioner Fiala. And we'll go back to Commissioner Coyle, then Commissioner Halas. COMMISSIONER COYLE: Mr. DeLony, can you put up the map of the overall area on our screens or -- MR. DeLONY: Do I have -- do I have this on the -- this one in the slide show? MR. MUDD: Hold on. I can get you -- I can get you on the camera. COMMISSIONER COYLE: Okay. MR. DeLONY: That's okay. Go ahead and get it up on this while Mr. Mudd's moving the camera around. COMMISSIONER COYLE: Yeah, I'm not sure that's going to -- yeah, that shows it to us okay. Now, we're suggesting that we put up a buffer, a wall, only along the north edge of this property. MR. DeLONY: Let me be as specific as I can about this. I think that's what you'd really enjoy at this stage of the game; is that correct? COMMISSIONER COYLE: Yeah. MR. DeLONY: Throughout the Site Development Plan process, this is what I've learned, that in this particular zoning environment between this land use here and this land use here, there is no wall requirement, and that's where I'm at and that's the recommendation I'm at, and that's the reason that CAP is in here asking for a wall. Page 143 February 13, 2007 When we move into this zoning environment here where we have residential zoning against non-residential zoning, my best understanding of the site -- of the Land Development Code's going to require some type of substantial structure such as a wall between this area and here. Now, our plan is to address that in partnership with the developer here and see if we can't cost share the burden of that barrier between his property and ours. No commitment yet from them in regard to do that. But my best understanding, that this will be some type of wall six- or eight-foot wide because our Land Development Code prescribes specifically, when you have a use other than residential, that adjacent property has to have that type of buffer in between it. That would be in this area from here to here, sir. COMMISSIONER COYLE: All right. Now, how about the rest of the perimeter? MR. DeLONY: The rest of it is basically going to be vegetative barriers, buffers. We can accommodate with a vegetative buffer, something other than a wall. COMMISSIONER COYLE: Why can that be done when some of the others -- other areas are adjacent to residential? MR. DeLONY: Okay. Well, when we come -- as the -- if the CAP will agree -- has agreed to remove this portion here, which is residential adjacent property to what is going to be our park area, they have agreed that they would work with us to get a waiver on that requirement, and they would agree to that deviation. COMMISSIONER COYLE: What is the distance between the homes there just below your pointer and the perimeter of the property for the water treatment facility? MR. DeLONY: About 200 feet, 250 feet to the -- that would be to the park. The facilities that -- this area here, in here? COMMISSIONER COYLE: Yeah. MR. DeLONY: About 250 feet, sir. Page 144 February 13, 2007 COMMISSIONER COYLE: Okay. To the perimeter of the -_ MR. DeLONY: Yes, sir. COMMISSIONER COYLE: Now, if we were to measure the distance from -- on the north side from the closest home to the facility itself, not counting lakes and other open areas, what kind of distance would we get there? MR. DeLONY: About 350 feet is our current plan. No more __ certainly no less than 300 to these -- to these proposed structures to these homes. At least 300 feet today. COMMISSIONER COYLE: Okay. So they would be further away from the neighbors at the north than will be -- than the people will be from the south; is that what you're telling me? MR. DeLONY: The specifics are with the current Site Development Plan of these site -- of this first phase, we're about 350 feet, 300 feet from the existing homes on the north. COMMISSIONER COYLE: Okay. MR. DeLONY: Now, as we would develop this property over the next 30 years, 40 years, we have committed to be no closer than 100 feet from that perimeter boundary. So I'm not going to say that we have not committed ourselves to not build within that 200- foot envelope. But our first phase is going to be at least 300 feet off the line. COMMISSIONER COYLE: Okay. Now, a couple of points were raised. One, there's going to be a lot of construction traffic going in and out of there during the construction process. That is the access? MR. DeLONY: The access has to come off of Immokalee Road. COMMISSIONER COYLE: Okay. MR. DeLONY: And it just proceeds along between the fairgrounds and the lakes here at the Waterways. And they will enter the const -- the actual site itself for the plant is this acreage here, and then all the construction activity will be in this area from that access. Now, initially we can bring it in probably more closer this way, Page 145 February 13, 2007 but eventually all the traffic will follow this route as Marla puts in her amenities and attributes of her park system. Of course, that will be much later to our construction. COMMISSIONER COYLE: Now, you are governed like any other facility by the county's noise ordinance; is that correct? MR. DeLONY: I have no exemption from any other -- from any ordinance in the county, sir. COMMISSIONER COYLE: Is there -- is there any study which indicates that there's going to be enough noise generated by the operation of that plant to require the development or installation of an acoustic wall? MR. DeLONY: Our plans are to ensure that the noise generated from plant processes, that we make sure we meet the county requirement without that wall as it stands today. We would make that part of the attenuation, what happens within the structure or around that process as opposed to relying on a buffer or barrier at the perimeter. COMMISSIONER COYLE: And do you have any evidence that a wall will substantially reduce the noise from construction on that site? MR. DeLONY: Sir, I would tell you that from a visual standpoint, I believe that it would provide some visual blocking. With regard to noise, I think it's maybe somewhat problematic, but I have no studies to back that up other than just what I said. COMMISSIONER COYLE: If the operation of a plant turns out to be a noise problem for the residents, you're obligated to put up that wall ? MR. DeLONY: Yes, sir. And I'd like to point to the evidence that, you know, we've done that in the past on a couple of our plants, and we'll continue. As we -- we modernize these plants and change processes and retrofit, one of the things we're certainly going to take care of, along with many other things, is noise attenuation to make Page 146 February 13, 2007 sure we stay within county ordinance at the perimeters of those plants. So yes, sir. We intend to keep ourselves in compliance with the noise ordinance. COMMISSIONER COYLE: Okay. Then bottom line, you know, I have a -- I have a concern with setting precedent because pretty soon if we start customizing every one of our public facilities for each neighborhood, we're going to get ourselves into some real difficulty with respect to cost. We have standards. We develop those standards with a view toward protecting the communities. I understand the need to do that. But to spend almost a million dollars of our -- of the funds of people who are paying to build this thing in an attempt to solve a problem that has not yet materialized -- and we're only imagining what it might be -- I think it is premature. I would commit to saying that if the operation of this plant is such that it violates our ordinance, we have an obligation to put it in, but I don't see any reason to do it now. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: On the same lines as where Commissioner Coyle was going, if we're in violation of any ordinances, he's absolutely right that we have an obligation to make sure that we're -- we need to address that. If this is strictly for the enhancement of an area, I would think that the people who are going to benefit from this would need to step up to the plate and this might be able to -- could be done with an MSTU, if it's so -- if it means that much for them as far as the quality of life or whatever that they stipulate. So that's my concerns. If it's to deal with actual problems and if we need to address those problems because -- to meet our ordinances, whether it's sight or sound ordinances, I believe that we've got that covered. If it's strictly to enhance an area, then I would think that that might be on the shoulders of the citizens who would want that. It's just like MSTUs that -- for beautification, whether it's Page 147 February 13, 2007 roadways or whatever, and that's to benefit their particular neighborhood. So that's kind of my concerns on this. CHAIRMAN COLETTA: Thank you. Commissioner Henning? COMMISSIONER HENNING: Mr. DeLony, show me where the proposed wall would go again. I apologize. I was __ MR. DeLONY: Okay, sir. The proposed wall per the request by the Citizens Advisory Panel? COMMISSIONER HENNING: Yes, sir. MR. DeLONY: The Citizens Advisory Panel has requested, in lieu of the LDC requirement for a buffer which is strictly vegetative, provide for an eight-foot concrete wall stretching from our property line, beginning here just to the east of the fairgrounds along the northern perimeter of the site, to the canal. COMMISSIONER HENNING: Gotcha. So tell me again what you're going to do with the developer to the -- actually, it would be to the west where the farm field is presently. What were you going to do there? MR. DeLONY: West, sir. Here? You're talking about this area here? COMMISSIONER HENNING: Right. MR. DeLONY: This particular piece -- this tract here, this area here, is now zoned residential. That's, I believe, being done by Pulte Homes, and I may -- I don't recall the name of the development. MR. MUDD: Orange Blossom Ranch. MR. DeLONY: Yeah, Orange Blossom Ranch. Anyway, the bottom line of it is, because of that being a residential zoning, and our zoning here is not residential, we have a requirement per the LDC, as I -- in my read of it, to provide for some type of substantial buffer which would be -- basically a wall. So our intent is to negotiate, if possible, the construction and the cost associated with that buffer to __ which would be mutually beneficial to us and them in some type of Page 148 February 13,2007 cost-shared way. But I have no commitment from them to do that. That's where we're going to go. COMMISSIONER HENNING: But they also have to have a buffer. MR. DeLONY: That's correct. COMMISSIONER HENNING: Yeah. And that's what the board's ordinance says? MR. DeLONY: Yes, sir. COMMISSIONER HENNING: So anything short of that would not be adhering to state statutes where the county manager must strictly adhere to the board's ordinances. So I don't know why you're going through this exercise, but that's fine. I'll be watching it. MR. DeLONY: Yes, sir. CHAIRMAN COLETTA: Well, the way I see it, Commissioner Fiala, we've got two votes, yourself and mine. And I hate to come this far and walk away and say, you know, we tried. I still think that there's a reasonable reason for it. Rather than to wait until sometime in the future, now is the time to build it. We have done all sorts of amenities. You heard it mentioned before. When it reached a certain density, they put a wall in. When this happened, they put a wall in. This was trying to get there before we got to that point so you didn't have to live with the traffic that was going to be taking place outside there. But needless to say, I don't think we're going to get there. You've got two votes. It takes three to be able to do it. I'm going to withdraw my second and make a different motion. If I -- if you don't mind. MS. FILSON: It was your motion, not second. CHAIRMAN COLETTA: The problem is perceptual, what you're going to see. When you come out your back door, what you have to deal with. Some time ago -- I don't know if you commissioners can remember it or not, we had something similar, and Page 149 February 13,2007 it was a private developer who was going to do something to disturb the scenery in the background across the canal some distance away from these homes, and it was a wall that was being asked for. A wall was too expensive. But what we came up with, and the developer agreed to it, was to come up with something -- I can't remember the exact number. Probably something like about, 12,500, for each property owner to be able to use for a buffer screen on their own property, be able to develop whatever they need to be able to be a buffer in addition to what's going to be in the far background to try to recapture a little bit of that amenity they used to have in the past. Does this sound like something I might get a second for, 12,500 that they could use for their own vegetative buffer on their property, they're responsible for building it and putting the sprinkler system in and maintaining it thereafter? (No response.) CHAIRMAN COLETTA: Well, it was a lot of excitement. It was one of the better ideas of the day, I can see that right now. Well, for the lack of a second, that idea -- yes, go ahead, Commissioner Coyle. COMMISSIONER COYLE: Yes. Let me just tell you one of the problems. I've got a group of constituents that are just waiting because they want a sound barrier on Goodlette Road. Now, are you willing to do that? They've got the same arguments. We just widened the road. We've created the capacity for more traffic. They are concerned about the noise that's going to be created by the traffic. That's not the only one. You're going to run into these problems everywhere we widen the road or we build a facility of any kind. Let's face it, I have lived through weeks of pile drivers pounding pilings into the ground next door to me. Every home around me has been torn town and rebuilt over the past four or five years. It has been constant construction every single day for four to five years. It's a fact of life; things change. I have to put up with it. And Page 150 February 13, 2007 when it's all finished, they're beautiful homes, they're nicely landscaped, the people are quiet, they're wonderful people, and we're all happy. But getting through that, I understand the problem of these citizens. It's -- no matter what we do -- and the wall is not going to change it. It will not stop that noise of construction at least, so it is going to be disruption. But the point is that once we start down this road of trying to shield everybody from the impacts of what I consider to be excessive growth at a rate that's much too fast, we don't, quite frankly, control it. It -- our hands are, in this case, are tied. We cannot just continue to throw money at things like this without citizens' participation. If it's a $12,000 commitment for landscaping, quite frankly, I don't understand why -- there are a number of citizens there. Why wouldn't they want to contribute to that? Twelve thousand spread among all those citizens to get increased landscaping? They've done it on Livingston Road, they've done it on Radio Road, they've done it everywhere else in the county. Why wouldn't they do it -- they be willing to do it here? So I just -- I just am afraid of the precedent that we establish and the obligation we're going to be creating for the next group to come in. What are we going to tell them? We've got to treat people equally, and we just can't pull one neighborhood aside and say, yes, we're going to solve this problem for you but somebody else with a similar or perhaps even the same problem, we say no. And I just don't think we need to get into that kind of position. CHAIRMAN COLETTA: Do we need a motion to bring this to an end one way or the other, or do we just cease discussion on it? Because it's going no place. I don't want to delay these proceedings any longer. COMMISSIONER HENNING: You had a motion and second. Why don't we just vote on that motion. Page 151 February 13, 2007 COMMISSIONER HALAS: He pulled the motion. CHAIRMAN COLETTA: I pulled the second to be able to make a new motion. COMMISSIONER HENNING: Well-- CHAIRMAN COLETTA: So there's -- Mr. Mudd, you look perplexed. MR. MUDD: Commissioners, no action. Let's move to the next item. CHAIRMAN COLETTA: Okay. Thank you very much for being here today. I'm sorry we didn't get a little better result. Mr. DeLony, thank you. MR. DeLONY: Thank you, sir. CHAIRMAN COLETTA: What happens with CAP, they keep going? MR. DeLONY: Yes, sir. We continue -- the Citizens Advisory Panel will continue to go, yes, sir. There will be -- there will be many, many more days of this. We're going to be in construction there for some time to come, and we're going to need them to help us and advise on how best to communicate and what we -- where they can make a difference with regard to ensuring we are, indeed, a good neighbor. CHAIRMAN COLETTA: Thank you, sir. MR. DeLONY: Yes, sir. CHAIRMAN COLETTA: Next item, Mr. Mudd. MR. MUDD: Commissioner, you want to -- you had a second one that you wanted to do. CHAIRMAN COLETTA: Right, the fire code. We have a number of people here to speak on it, and I don't want to keep them here any longer than we have to. Item #8C Page 152 February 13, 2007 REPEAL OF COLLIER COUNTY ORDINANCE 2002-49, AS AMENDED BY ORDINANCE 2005-32, TITLED: AN ORDINANCE READOPTING THE COLLIER COUNTY FIRE PREVENTION AND PROTECTION CODE BY AMENDING THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 58, FIRE PREVENTION AND PROTECTION, ARTICLE II, FIRE SAFETY STANDARDS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, BY REPLACING SECTION 58-26, PERTAINING TO ADOPTED STANDARDS AND CODES OF THE NATIONAL FIRE CODE PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION (NFPA), REPLACING SECTION 58-27 PERTAINING TO AMENDMENTS TO ADOPTED FIRE CODES, SPECIFICALL Y NFP AI, 2002 EDITION REPLACING SECTION 58-27, PERTAINING TO AMENDMENTS TO THE ADOPTED LIFE SAFETY CODE, SPECIFICALLY NFP A 101, 2002 EDITION - MOTION TO DISCUSS AT WORKSHOP IN MARCH AND FOLLOW UP AT NEXT BCC MEETING AFTER THAT WORKSHOP - APPROVED MR. MUDD: That would be 8C, repeal the Collier County ordinance 2002-49, is amended by ordinance 2005-32, titled, an ordinance readopting the Collier County Fire Prevention and Protection Code by amending the Code of Laws and Ordinances of Collier County, Florida, amending chapter 58, Fire Prevention and Protection, Article II, Fire Safety Standards for the unincorporated -- CHAIRMAN COLETTA: I'm sorry, Mr. Mudd. I've just been reminded that we got so engrossed in the last item, we went way past the break time for the court reporter, so we're going to take a 10-minute break at this time, and we'll continue at that time. MR. MUDD: Yes, sir. CHAIRMAN COLETTA: Thank you. Page 153 February 13, 2007 (A brief recess was had.) MR. MUDD: Ladies and gentlemen, please take your seats. Commissioner, this is item 8C. Where I left off, Fire Safety Standards for the unincorporated area of Collier County replacing section 58-26 pertaining to adopted standards and codes of the National Fire Code published by the National Protection Association, NFP A, replacing section 58-27 pertaining to amendments to adopted fire code, specifically NFP AI, 2002 Edition, replacing section 58-28 pertaining to amendments to the adopted Live Safety Code, specifically NFP A 101, the 2002 Edition. Mr. Joe Schmitt-- CHAIRMAN COLETTA: Before you start, Mr. Schmitt, Commissioner Fiala's got a question. COMMISSIONER FIALA: Yeah. I was just wondering, other Commissioners, I would just like to put off until our workshop in March rather than discuss it now and then discuss it again then. I would like to just see us discuss this whole issue at one time, if I have agreement on the other -- on the parts of the other commissioners. COMMISSIONER COYLE: I see no reason to waste time, but the one question I had asked the staff before -- maybe we can just get an answer to that and see if it has any bearing on your suggestion -- is why were we going through the process of overturning this particular ordinance, withdrawing it, and then coming back in with a revision? Why couldn't we just come in with a revision and do it all at one time, and the response I got was that it is staffs opinion, I guess our legal department's opinion, that this is just an illegal ordinance. So if it is an illegal -- MR. KLATZKOW: It's not. COMMISSIONER COYLE: No, that's not true? Okay. Then-- MR. KLA TZKOW: The ordinance is absolutely legal as it stands. It may not be necessary, that's for the commission to determine, but it's not illegal. Page 154 February 13,2007 COMMISSIONER COYLE: Oh, okay. Then-- MR. SCHMITT: I'll clarify that, because I wrote that. For the record, Joe Schmitt -- COMMISSIONER COYLE: Then let's answer Commissioner Fiala's questions then, because my concern clearly is not valid. Why don't we just do this at one time? MR. SCHMITT: And that could be done. It could be done at that time. This was basically a follow-up, as you recall, to the issue you addressed involving the parking garage. The county manager wrote a letter to chief -- COMMISSIONER COYLE: Yeah, we've seen all that. MR. SCHMITT: And we've never received a response, and this was the next measure. But certainly this can be discussed at the workshop. You can entertain all the input on this at the workshop. It's to your pleasure. COMMISSIONER COYLE: I see no point in doing it twice. CHAIRMAN COLETTA: Commissioner Fiala, did you want to make a motion to -- COMMISSIONER FIALA: Yes. CHAIRMAN COLETTA: -- continue? What would it be, continue this till the workshop? MR. SCHMITT: You cannot continue it. MR. MUDD: You cannot repeal an ordinance during a workshop. My answer is that you continue this item after the workshop. And at the workshop, if you have a differing opinion to your direction today that you give us then that says you want it to be withdrawn, we can do that, too. COMMISSIONER FIALA: Okay. That's exactly -- my motion will be that I would like to discuss this subj ect at our workshop and continue this item until after the workshop. MR. MUDD: Next meeting after the workshop. COMMISSIONER COYLE: And I second it. Page 155 February 13, 2007 COMMISSIONER FIALA: The next BCC meeting after the workshop. CHAIRMAN COLETTA: Make one condition to the second, please, that we take all the speakers and we ask them to waive so that we can put everything into that at one time, and then we'll take a vote when everybody waives, or else we're going to be here all day listening to it now, then again at the workshop. COMMISSIONER COYLE: That's right, that's right. COMMISSIONER FIALA: Good suggestion. MS. FILSON: We have eight speakers. CHAIRMAN COLETTA: Okay. Would you call them, and we'll see if they want to waive. MS. FILSON: Melville Brinson? MR. BRINSON: I would waive. CHAIRMAN COLETTA: Oh, thank you. MS. FILSON: Thomas Cannon? MR. CANNON: I will waive with one clarification. My response to the first letter was the workshop. So don't say I didn't respond. MS. FILSON: Edward Riley? MR. RILEY: I would waive. MS. FILSON: Karl Reynolds? MR. REYNOLDS: I'll waive. MS. FILSON: Mike Brown. MR. BROWN: Waive. MS. FILSON: Jerry Sanford? MR. SANFORD: I will waive. MS. FILSON: Don Peterson? (N 0 response.) COMMISSIONER FIALA: He waives. CHAIRMAN COLETTA: He waives from afar. MS. FILSON: Jack Pointer? Page 156 February 13,2007 MR. POINTER: Waive, sir. CHAIRMAN COLETTA: Thank you. MS. FILSON: That was your final speaker, sir. CHAIRMAN COLETTA: Okay. And we have a motion by Commissioner -- I'm sorry. Who led it off? I don't -- COMMISSIONER FIALA: Fiala. CHAIRMAN COLETTA: -- Fiala, and then it was seconded by Commissioner Coyle. Commissioner Henning? COMMISSIONER HENNING: Well, now that they all waived, let's change their-- COMMISSIONER COYLE: Yeah. Let's vote on repealing this thing. CHAIRMAN COLETTA: This guy's been around long enough. CHAIRMAN COLETTA: Okay. Any other comments? (No response.) CHAIRMAN COLETTA: Hearing none, all those in favor of the motion, 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, gentlemen. COMMISSIONER COYLE: Yeah. That's a good way of expediting a lot of issues that come before us. CHAIRMAN COLETTA: Works for me. Okay. Is there anything else out there that we have a number of people for? Page 157 February 13, 2007 (No response.) CHAIRMAN COLETTA: I don't believe so. Item #7A RESOLUTION 2007-37: SV-2006-AR-9962; WAL-MART STORES EAST L.P., REPRESENTED BY BOICE-RAIDL-RHEA ARCHITECTS, REQUESTING VARIANCES TO SECTION 5.06.04.C.A. TO ALLOW 13 ADDITIONAL WALL SIGNS IN THE W AL-MART SUPER-CENTER. THE SUBJECT PROPERTY IS LOCATED AT 5420 CORMORANT AVENUE, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY~ FLORIDA - ADOPTED MR. MUDD: Commissioner, that would bring us to 7 A. 7 A, this item requires that -- all participants to be sworn in and ex parte disclosure be provided by commission members. It's SV-2006-AR-9962, Wal*Mart Stores East LP, represented by Boice, Raidl-Rhea Architects, requesting variances of section 5.06.04.C.a to allow 13 additional wall signs in the Wal*Mart Super-center. The subject property is located at 5420 Cormorant Avenue in Section 30, Township 48 south, Range 26 east, Collier County, Florida. CHAIRMAN COLETTA: Will all those who care to testify in this particular item please stand at this time and be sworn in by the Court reporter. (The speakers were duly sworn.) CHAIRMAN COLETTA: Okay. And any disclosures on the part of the commissioners, starting with Commissioner Coyle? COMMISSIONER COYLE: I have talked with staff about this issue. I do not believe I have talked with the petitioner at all. No, I have received correspondence only. Page 158 February 13, 2007 CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: Yes. I have talked with staff in regards to this, and I also talked -- had outside conversations with a couple of people that were on the Planning Commission when this was heard. CHAIRMAN COLETTA: Okay. And myself, I have no disclosures on 7 A. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. I spoke briefly with staff. CHAIRMAN COLETTA: And Commissioner Henning? COMMISSIONER HENNING: The Board of Commissioners received the plan for the signs but it was not disclosed from who. Okay. So all the Board of Commissioners received this. COMMISSIONER COYLE: Yeah. I think that might have been as a result of my request for a legible copy because it wasn't legible in our executive summary, so -- COMMISSIONER HENNING: A lot of things are not. COMMISSIONER COYLE: Yeah. They might have given all of us a copy. I just asked for a copy myself. So they might have sent it to everybody to be fair. MS. VALERA: Want me to clarify? Carolina Valera, Principal Planner with the Department of Zoning and Land Development Review. Yes, it was to address Mr. Coyle's request and also community administrator, Joe Schmitt. He also asked me to put together these plans so they're a little easier to understand what the variance is about. COMMISSIONER COYLE: Can -- Mr. Chairman? CHAIRMAN COLETTA: Yes, sir, go ahead. COMMISSIONER COYLE: May I ask a question, then maybe make a statement? CHAIRMAN COLETTA: Please do. COMMISSIONER COYLE: The Planning Commission Page 159 February 13, 2007 reviewed this and recommended approval for three signs to identify the food center, the pharmacy drive-through and the garden center. What is before us today is a request for four signs, and I'm not inclined to approve more signs than was approved by the Planning Commission. So I will make a motion to approve the three signs -- COMMISSIONER HALAS: I'll second that. COMMISSIONER COYLE: -- and support the Planning Commission's conclusions and recommendations. CHAIRMAN COLETTA: Okay. We have a commission -- a motion by Commissioner Coy Ie, a second by Commissioner Halas, to approve the Planning Commission's recommendations. Do we have any speakers? MS. FILSON: No, sir. CHAIRMAN COLETTA: Okay. I close the public hearing. We'll go to Commissioner Fiala again. COMMISSIONER FIALA: Yeah. Just one fast question. It says you already have three signs on the building, but it never mentioned what the three signs are. MS. VALERA: And Mr. Chairman, the petitioner's here and also they would like to make a brief presentation, if you don't mind. CHAIRMAN COLETTA: Does that answer-- COMMISSIONER FIALA: That didn't answer my question at all, no. MS. VALERA: No, I'm sorry. Your question was? COMMISSIONER FIALA: It says it already has three signs on the building. What are those three signs? MS. VALERA: Yes. They have the Wal*Mart sign, they have the Super-center sign and -- COMMISSIONER COYLE: Food center. MS. VALERA: -- the food center. CHAIRMAN COLETTA: Any more questions? Hearing none, I'm going to -- Commissioner Henning. Page 160 February 13,2007 COMMISSIONER HENNING: I'm not going to support the motion. CHAIRMAN COLETTA: Okay. COMMISSIONER HENNING: And the reason I'm not going to do that, if our sign ordinance is broken, the sign ordinance should be amended for not only big business to take advantage of it, but also the small mom and pops. So I'm going to go along with staffs recommendations. CHAIRMAN COLETTA: Okay. Well, we still have a motion and second on the floor. Please, would you continue what you have to add to this? MS. COVINGTON-MOSS: Yes. My name is Chelsea Covington-Moss with BRR Architecture. CHAIRMAN COLETTA: Move the mike down just a little bit, please. MS. COVINGTON-MOSS: Sorry about that. CHAIRMAN COLETTA: That's okay. MS. COVINGTON-MOSS: Chelsea Covington-Moss with BRR Architecture on behalf of Wal *Mart. And after meeting at the previous meeting on December 7th, I believe it was, I did take the information that was given to me and the suggestions back to W al *Mart, our client, and they did reduce drastically what they were asking for, from 13 signs to four signs. The four additional signs that they have asked for, as you can see to the far left on the bottom here, garden center, which is over an entrance, then they want retail center, again, over an entrance, food center over the third entrance, so all three entrances where people will be walking into the store, they will know what they are walking into, as well as one informational sign above the pharmacy drive-through that simply reads pharmacy drive-through. I did go to the store last time I was here in Naples, and I spoke with the pharmacist, and they said that they -- people don't really Page 161 February 13,2007 realize that it's a pharmacy drive-through. They might think it's a bank or something else. Once they've come into the store and they realize there's a drive-through, then they begin to use it, but at this time it's not identified properly. So those are the reasons we're asking for four signs. CHAIRMAN COLETTA: Okay. Is there any other-- Commissioner Coyle? COMMISSIONER COYLE: I would just like to clarify something from staff. Would you please tell me the difference in requirements with respect to wall signs and directional signs? MS. VALERA: Yes. Our code is very specific in regards to what is advertisement and what is directional signs, and directional signs are not advertisement. It's just to direct people, an exit, entrance sign -- type of signs, and those actually are exempted from code. So the code -- anything that advertises goods, that advertises what the somebody's about, is advertisement. And so we considered that all the signs that are being requested are, in fact, advertisement. COMMISSIONER COYLE: Okay. I would differ in my interpretation. If you have a sign that says emergency room at a hospital, that is not really an advertising sign. It is a directional sign. MS. VALERA: Correct. COMMISSIONER COYLE: And whether it's located on a marque at the front of the -- the entrance of the property or whether it's located above the entrance to the emergency room, it is directional in nature. Wal * Mart is an advertising sign, but the drive-through pharmacy is not an advertising because what company is the drive-through pharmacy? It's not. It's a directional sign. It tells you that if you want pharmaceutical products and want to drive through to get them, you go to that place. The same thing is true if you want to go to a food store. Those are, in my estimation, are not advertisement -- advertising Page 162 February 13, 2007 signs so much as they are a directional sign for Wal *Mart, which is the name of the entire complex. People need to know which door to go into to do whatever shopping they want. I don't buy the retail sign because it has Wal *Mart right in the middle of it. If you've got food store here and you've got drive-in pharmacy down there, guess where you're going to go if you don't need those two? You're going to go into the retail place, okay? So you don't need another retail sign. But as far as the three signs they're asking for, my feeling is, food center, pharmacy drive-through and garden center are clearly directional signs to direct people to the proper place to go shopping at Wal *Mart. So under those circumstances, it does not violate the code, and I think they can be permitted without violating the code. So I understand there might be differences of perception, interpretation, but I just thought I'd offer you the benefit of my thought on this. MS. VALERA: Sure. If I can explain again what staffs position is on that. When -- in regards to the drive-through, you are advisement -- advertising the pharmacy, so that's why staff has that position that, in fact, you are advertising a type of good that is sold in the Wal*Mart Super-center. Not -- I don't know if all the Wal*Mart's have pharmacies, but the fact that they are advertising that they have -- that they will require -- or that would like a sign that says drive-through will tell people that they are selling -- that they have a pharmacist center and that they will be selling goods within the pharmacy. The same applies to the garden center. A sign that says garden center is also saying, we sell plants, we sell flowers, we sell seeds, et cetera, et cetera. So that's how staff is interpreting that the designs are, in fact, advertisement and not directional signs. COMMISSIONER COYLE: I don't agree, but nevertheless, that's a different issue. Page 163 February 13,2007 MS. VALERA: Sure. COMMISSIONER COYLE: So I've made my motion, and there's a second. Have you made your presentation? Is that all you wanted to say? MS. COVINGTON-MOSS: Yes. And the only other thing I wanted to state was in regard to the statement that was made about the smaller mom and pops stores getting the same advantages that a larger retail centers like Wal *Mart would get, currently the way that the LDC reads is that we are held to the same standards as buildings -- any building 60,000 square feet or more, and we are over three and a half times that size; therefore, the percentage of signage that that 60,000 square foot building would receive greatly exceeds the amount, percentage-wise, of the signage that we're allowed to put on our W al *Mart. It's held to a number. Two hundred square feet -- or I'm sorry -- 250 square feet of area is on an entire building. And Wal * Mart right now adheres to that, and that's why we're asking for additional, because they give different steps up from 25,000 square feet in area, and then it goes -- they give more signage to people between that and 59,999. And then once you get to 60,000, it doesn't matter how much bigger you get, that's all you're allowed. So that's why we're asking for this variance. COMMISSIONER COYLE: Okay. And just in closing, Mr. Chairman, I'd like to draw another analogy here. Let's suppose we had a sign outside that said government complex and that's all we had. Can you imagine the confusion of people who wanted to know where they should go? We have government complex and then we have the administrative building, we have the -- COMMISSIONER FIALA: Courthouse. COMMISSIONER COYLE: -- courthouse, we have the jail, we have the museum, we have all of those kinds of things. I don't consider those to be advertisements at all. I consider those to be directional in nature. So anyway, that's -- I still support my motion. Page 164 February 13, 2007 CHAIRMAN COLETTA: Thank you. MS. VALERA: And just to clarify that, Commissioner, and that's why we just did an amendment to our code to exempt those types of signs for government, for schools, et cetera, because we do agree with you, those are not advertisement. Those are just purely to direct people of what we have. So we don't sell goods. Well -- COMMISSIONER COYLE: We sell services. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. I just -- it's all in interpretation. It's -- and my feeling about this is, we're a community of retirees as well as young people with children, and to drive up to a very long store like this and not know where to go, I would need the direction. I certainly don't want to walk around in the rest of the store if I just need a pharmacy. And I don't care whose pharmacy it is, if I've driven to Wal * Mart, I'm already there to use it so I need a direction, and I'm going to give you a cute funny story. I am. COMMISSIONER COYLE: Oh, no. COMMISSIONER FIALA: In Ohio Amish country they have a Super W al *Mart, except in that particular Super Wal * Mart -- and I know of no other -- they have this long little building with the roof on it where you park your horses and buggies, and they have little buckets for water and feed, and every night they have somebody go out and clean it all up. I swear to you, that's the truth. CHAIRMAN COLETTA: With that, any other comments? Commissioner Henning? COMMISSIONER HENNING: No, I'll just let it go. CHAIRMAN COLETTA: Thank you. You can't top Commissioner Fiala, that's for sure. Okay. With that I'm going to call the question. All those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. Page 165 February 13,2007 CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: The ayes have it, 4-1. Commissioner Henning being the dissenting vote. MR. MUDD: And that was for three signs? COMMISSIONER COYLE: Three signs. MS. COVINGTON-MOSS: Thank you. Item #8A ORDINANCE 2007-27: PUDZ-2004-AR-6810: LIVINGSTON GREENS, LLC, REPRESENTED BY GEORGE L. VARNADOE OF CHEFFY, PASSIDOMO, WILSON & JOHNSON, LLP, REQUESTING APPROVAL OF A REZONE FROM THE AGRICUL TURE (A) ZONING DISTRICT TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS HAMILTON GREENS RPUD. THE SUBJECT PROPERTY, CONSISTING OF 29.68 ACRES, IS LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD, APPROXIMATELY 3/4 OF A MILE NORTH OF VANDERBILT BEACH ROAD, IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY~ FLORIDA - ADOPTED MR. MUDD: Commissioner, that brings us to our next item. Now we're going from Board of Zoning Appeals back to advertised public hearings. Next item is 8A. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's PUDZ-2004-AR-681 0, Livingston Greens, LLC, represented by Page 166 February 13,2007 George L. Varnadoe ofCheffy, Passidomo, Wilson and Johnson, LLP, requesting approval of a rezone from the agricultural A zoning district to the residential planned unit development, RPUD, zoning district for a proj ect to be known as Hamilton Greens, RPUD. Subject property consists of29.68 acres. It's located on the east side of Livingston Road, approximately three-quarters of a mile north of Vanderbilt Beach Road in Section 31, Township 48 south, Range 26 east, Collier County, Florida. CHAIRMAN COLETTA: And would all those wishing to be sworn in, please stand at this time. (The speakers were duly sworn.) CHAIRMAN COLETTA: Okay. Disclosures by the commissioners, starting with Commissioner Henning? COMMISSIONER HENNING: Nothing. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. I spoke with George Varnadoe, the petitioner's agent, and I also spoke briefly with staff. CHAIRMAN COLETTA: And I also spoke with George Varnadoe and staff. Commissioner Halas? COMMISSIONER HALAS: Yes. I had meetings with staff, and I also had meetings with the petitioner, Mr. Varnadoe. CHAIRMAN COLETTA: Okay. COMMISSIONER COYLE: Do I get a chance? CHAIRMAN COLETTA: Oh, you're still here? COMMISSIONER COYLE: Yes, I'm still here. CHAIRMAN COLETTA: Yes, please. Go ahead, Commissioner Coyle. COMMISSIONER COYLE: I have spoken with Mr. Varnadoe about this, and that's it. Yep. CHAIRMAN COLETTA: Thank you. Mr. Varnadoe, we're waiting for you. Page 167 February 13, 2007 MR. VARNADOE: Thank you. Good afternoon, Commissioners. Don't have any horse and buggy stories, unfortunately. COMMISSIONER FIALA: Too bad. MR. VARNADOE: But I am here on behalf of -- George Varnadoe, for the record -- Livingston Green LLC, seeking a rezone of this 29.88-acre (sic) parcel. Also have a cadre of planners, environmental consultants, engineers, architects, to answer any questions you might have or make presentations if you desire, but I'm going to try to make this fairly short. The site -- CHAIRMAN COLETTA: Mr. Varnadoe? I'd like to make a motion to approve this with the Planning Commission's recommendations. MR. VARNADOE: And sir, that would be fine. And I have one qualification, if I might. CHAIRMAN COLETTA: What's that, sir? MR. VARNADOE: In the Planning Commission's recommendations, they had us make in our -- at my request, a contribution to the affordable housing fund at the time of closing on the units. Since that time, staffhas asked if we would make them at CO because they have no way of really monitoring when the closings occur on the unit, and we have agreed to that because I understand that would be some concern to staff to try to monitor that. So with that one change, we certainly don't need to belabor this. CHAIRMAN COLETTA: Okay. I'll include that in my motion. COMMISSIONER FIALA: I'll second it. CHAIRMAN COLETTA: Okay. Thank you. Marjorie? MS. STUDENT-STIRLING: Thank you. Marjorie Student-Stirling for the record. Just one small change in the cover Page 168 February 13,2007 ordinance that the PUD's attached to. In your packet I believe it's called the Livingston Greens PUD document. It's the Hamilton Greens PUD document, and that change has been made to the ordinance. That's all. Thank you. CHAIRMAN COLETTA: Any -- okay. We'll start with Commissioner Halas. COMMISSIONER HALAS: Mr. Varnadoe, I'm glad that you stepped up to the plate and withdrew the $1,000 for affordable housing. I think this -- COMMISSIONER FIALA: No, he didn't. CHAIRMAN COLETTA: He did not. COMMISSIONER HALAS: He withdrew it until -- at such time as the CO, until we figure out what we're going to do here as the Board of County Commissioners in regards to linkage fees, inclusionary housing. CHAIRMAN COLETTA: No. COMMISSIONER HALAS: And I feel-- I'm going to -- if that's not in the -- if we don't get that taken care of, then I can tell you that I will not vote for this. But I think we're on the right track here where you're at least pulling back the thousand dollars until such time as the COs -- or by that time I'm hoping that we can address this problem before the Board of County Commissioners, because I believe your project's going to be at least a year or two years down the road; is that correct? MR. VARNADOE: Absolutely, sir. And let me make very clear for the record what we agreed to do. We agreed to pay $1,000 as a credit towards any linkage fees that you might enact, and we would pay that $1,000 at the time of CO on each dwelling unit. COMMISSIONER HALAS: So in other words, we have to solve this problem before we'll -- I'll accept that money. CHAIRMAN COLETTA: I'm sorry. I didn't --let's talk about this a little bit, because my understanding is the offer isn't contingent Page 169 February 13, 2007 upon us solving the problem. It stands by itself. If we solve the problem, this would be applied towards it. In other words, the $1,000 would go away if it was an amount in excess of that? MR. VARNADOE: That's correct. And-- COMMISSIONER HALAS: Then I -- MR. VARNADOE: Commissioner Halas, I respect your position, because this is not a development by development problem. It's an issue that we have countywide. It's not just the new projects that are coming in. We have to address this. But, sir, I would ask you not to penalize this developer for stepping up to the plate -- COMMISSIONER HALAS: You're not -- I'm not penalizing you. I just got to look at this as what I feel is the right way and the honest way of proceeding. We're asking developers to come up with money, and it's getting to the point where if they don't provide the thousand dollars per unit, then they may not get their units approved. And where we're putting the money is we're just putting it in the bank and we're not really directing where this money is going. So I have some real concerns about this whole issue, okay? And it's not because of you, sir. MR. VARNADOE: I understand that. COMMISSIONER HALAS: Okay. It's just the idea that this needs to be taken care of. We were going to address linkage fees. It was killed. There was no discussion whatsoever, and then we've got issues coming up with inclusionary housing. So it's all pending -- it all is tied together, and that's why I have some concerns. But as long as no COs are issued on this proj ect until we get the affordable housing issue and everything that's tied in with it off the table -- CHAIRMAN COLETTA: Comment you'd like to make on that? MR. VARNADOE: Sir, respectfully, you know, you're putting us in a box where we can't use our land unless -- until -- COMMISSIONER HALAS: No, no. I'm just saying that as long Page 170 February 13, 2007 -- in two year's time, we should have something taken care of on these linkage fees or whether we're -- how we're going to address the affordable housing issue to make it fair for everybody in Collier County. CHAIRMAN COLETTA: Okay. You lost me, but we're going to go to Commissioner Henning, then we're going to come back to Commissioner Fiala -- COMMISSIONER HENNING: Question for the petitioner and CHAIRMAN COLETTA: Commissioner Coyle, I'm sorry. I didn't -- COMMISSIONER HENNING: -- the county attorney. Is this a donation? MR. VARNADOE: It's a donation, sir, just like you'd donate right-of-way but as for impact fees and credits against that donation. It's a donation if you don't ever adopt any fee for -- any linkage fee for affordable housing. COMMISSIONER HENNING: Okay. MR. VARNADOE: If you do, then just like donating right-of-way, we're asking for a credit against that. If you opt -- when you adopt one that says $5,000 a unit, I'm already going to have paid -- agreed to pay one thousand, so I owe you four. COMMISSIONER HENNING: Okay. End of that discussion. The density increases above, for the county attorney, TCMA, additional density of three. Is that a -- is that a given or is that part of any density increases? It is -- it's not an entitlement? MR. VARNADOE: Commissioner Henning, we're not asking for any density bonus. MS. STUDENT-STIRLING: As far as I know, that they're at-- they're just at base density and they're not asking for a bonus. COMMISSIONER HENNING: Oh, I misread that. Oh, I see. It's the three -- okay. Page 171 February 13,2007 MR. VARNADOE: We were entitled to ask for up to four. Ifwe use that other program we could ask for an additional three. Our density is actually just less than three units an acre, 2.96. COMMISSIONER HENNING: Because it is in a TCMA. MR. VARNADOE: It is, but we're not asking for the additional. CHAIRMAN COLETTA: I'm not too-- COMMISSIONER HENNING: I misread it, thank you. CHAIRMAN COLETTA: I'm not too sure if it's Commissioner Fiala or Commissioner Coyle. COMMISSIONER COYLE: Commissioner Fiala. CHAIRMAN COLETTA: Commissioner Fiala. COMMISSIONER FIALA: Okay. I was just trying to interpret what just transpired. And what I took it as is, on your part, it was like a commitment that you would participate in some form or fashion if there is some kind of a linkage fee created, or whatever it's going to be, you were going to do your part to it as -- after your COs, right? MR. VARNADOE: No, ma'am. If you haven't done anything by the time we do our COs, we're going to have paid you a thousand dollars a unit and gone on with life because we can't price a product based on not knowing what you've done. What I'm saying is that if you never -- or I shouldn't say never. If you don't get there before we do, then we'll make a contribution of a thousand dollars a unit towards affordable housing. If you do get there, then we'll pay whatever the linkage fee is and take the credit for our thousand we've already committed. That was what I was trying to explain. COMMISSIONER FIALA: Thank you. CHAIRMAN COLETTA: Commissioner Coyle, sorry to make you wait. COMMISSIONER COYLE: I think that was clear enough. That's what I was trying to do was get that clarified. I thought that was pretty clear. Page 1 72 February 13, 2007 CHAIRMAN COLETTA: Okay. Any other comments? (No response.) CHAIRMAN COLETTA: Is there any speakers? MS. FILSON: No, sir. CHAIRMAN COLETTA: I'll close the public hearing. Any comments? (No response.) CHAIRMAN COLETTA: Hearing none, all those in favor of the motion -- MS. FILSON: Who made the second? CHAIRMAN COLETTA: I made the motion, Commissioner Fiala made the second -- 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. So the vote is 4-1 with Commissioner Halas abstaining (sic). And you do want to make a comment? COMMISSIONER FIALA: Dissenting. COMMISSIONER HALAS: And I think -- I think -- hopefully everybody understood why, okay? And it wasn't anything against your product or what you're doing there. I think it's great. You and I discussed that. It's just the idea that I feel that we've got to come to closure on what we're doing here in the county, okay? Thank you. MR. VARNADOE: And I appreciate your position, sir. CHAIRMAN COLETTA: I appreciate you stepping up to the plate like you did, sir. MR. VARNADOE: Thank you. Page 1 73 February 13, 2007 Item #8D ORDINANCE 2007-28: A COUNTY ORDINANCE GOVERNING THE THRESHOLD AMOUNT OF LAND OR EASEMENT PURCHASES REQUIRING ONE OR TWO REAL ESTATE APPRAISALS - ADOPTED MR. MUDD: Commissioner, that brings us to item 8D. It used to be 17B. And it reads, recommendation to adopt a county ordinance governing the threshold amount of land or easement purchases requiring one or two real estate appraisals. Estimated fiscal impact not to exceed $300. And I believe Kevin Hendricks, your Manager for Real Estate for Transportation, will be present. MR. HENDRICKS: Yes, sir. Thank you, Commissioners. Kevin Hendricks, for the record. This was on the summary agenda and was pulled, placed on public hearings. And I'm here to answer any questions that you might have. CHAIRMAN COLETTA: Okay. Who pulled it? That would be the easiest thing. MR. MUDD: Commissioner Coyle. COMMISSIONER COYLE: I think it was me. CHAIRMAN COLETTA: Commissioner Coyle, would you lead off. COMMISSIONER COYLE: Yes, yes. Let me --let me address the issue that I had concerning this, and that is, the proposed ordinance would allow the board to waive the requirement for any appraisal where a purchase price of the easement is less than $500,000. I don't understand why we have to waive than appraisal. Five hundred thousand dollars is a fair amount of money. You're suggesting a reduced appraisal process that is an appraisal process that Page 174 February 13,2007 is less expensive by permitting the appraisal to be prepared by a licensed stated certified real estate state appraiser who is a salaried employee of the Board of County Commissioners for anything over 500,000 and less an a million. Why don't we just apply the same -- same figure to the whole thing? MR. HENDRICKS: I'm sorry. I don't understand the question. Specifically what? COMMISSIONER COYLE: Okay. First of all, you're waiving a requirement for any appraisal less than 500,000 -- or $500,000 or less? MR. HENDRICKS: That is correct. COMMISSIONER COYLE: Okay. MR. HENDRICKS: I'm increasing, basically, using a local ordinance -- COMMISSIONER COYLE: Okay. But it means that -- MR. HENDRICKS: -- to plan for Florida Statutes. COMMISSIONER COYLE: But it means that we could go out and buy a $500,000 piece of property with no appraisal whatsoever? MR. HENDRICKS: That is correct. COMMISSIONER COYLE: Okay. And somebody on staff can make that decision. MR. HENDRICKS: No. The board must approve every purchase. Anyone of those purchases would come back to the board unless through -- COMMISSIONER COYLE: How do we determine the value of the property then? Who's going to tell us what the value of the property is? And how do we know that's the correct value of the property? MR. HENDRICKS: Oh, we've got -- we appraise property all over the county. I mean, we review the appraisal. COMMISSIONER COYLE: Wait a minute now. No. You're saying no appraisal is necessary. So if no appraisal is necessary for Page 175 February 13,2007 $500,000, how do we know it's really $500,000? MR. HENDRICKS: Well, we're not going to just bring the proposed purchase agreement to you without any discussion of the value of the property and what our recommendation is relative to what other properties are selling for. COMMISSIONER FIALA: Do you mean no outside appraisals will be necessary? COMMISSIONER COYLE: He says none. COMMISSIONER HENNING: No, none, no appraisals. COMMISSIONER COYLE: You see, that's what bothers me. If you're going to bring to us an appraisal by you or someone who is an employee of Collier County, that's fine. I'm willing to go that way. But to just say, there will be no appraisal whatsoever -- MR. HENDRICKS: You currently have that with Florida Statutes where the board may waive the requirement for an appraisal where the purchase price is less than $100,000. COMMISSIONER COYLE: Okay. MR. HENDRICKS: That was written back in 1985. COMMISSIONER COYLE: Yeah, okay. MR. HENDRICKS: And I would submit that certainly real estate prices in Southwest Florida have increased by more than five- fold in that amount of time. We can cite examples. CHAIRMAN COLETTA: Mr. Feder? MR. HENDRICKS: Oh, yeah, we'd still do an appraisal. We'd still have a state certified general real estate appraiser on staff, and that is the individual who would be doing appraisals up to a million dollars. Plus we review hundreds of appraisals every year. COMMISSIONER COYLE: Why don't we just say that any appraisal for property less than -- $1 million or less will be done by a state certified appraiser who can be an employee of Collier County and get done with it? I mean, that's -- MR. HENDRICKS: We could do that. Page 176 February 13,2007 COMMISSIONER COYLE: And that makes it -- that gives us the comfort of knowing that a state certified employee, perhaps you or somebody else on staff, is telling us officially, here is my appraised price of this amount of -- this property. Will you approve the purchase, okay? MR. HENDRICKS: Certainly. Be happy to do that. COMMISSIONER COYLE: But just to say, we're not going to give you an appraisal is -- CHAIRMAN COLETTA: I second your motion. COMMISSIONER COYLE: Okay. All right. CHAIRMAN COLETTA: Thank you. So we have a motion by Commissioner Coyle and a second by Commissioner Coletta. Commissioner Henning? COMMISSIONER HENNING: I'm in agreement with the motion. CHAIRMAN COLETTA: Okay, great. Any other 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: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 5-0. Great job. Commissioner Coyle, thank you for getting that language in there. I think it was very important. COMMISSIONER COYLE: Thank you. Item #9 A Page 177 February 13, 2007 RESOLUTION 2007-38: RE-APPOINTING JAMES A. PUSATERI AND JOHN BARLOW TO THE AFFORDABLE HOUSING COMMISSION - ADOPTED MR. MUDD: Commissioner, that brings us to our next part of the agenda, which is 9 A. Appointment of members to the affordable housing committee. COMMISSIONER HALAS: Could I indulge the commission for a second? CHAIRMAN COLETTA: Go ahead, Commissioner Halas. COMMISSIONER HALAS: We have -- there's one individual that has asked to be -- his application to be looked at, and that was Mr. Don Spanier. And if you look at the information that was presented to -- in our agenda, he's been involved in a number of issues and items of affordable housing up in the state of New York. So I would ask for your indulgence if you would maybe consider him to be put on the Affordable Housing Commission. CHAIRMAN COLETTA: Okay. And I -- this is interesting because what's so beautiful about this is that there's so many people that want to be on this particular board. What they're recommending, of course, is the people that have been on the board to be able to retain those positions. So I would have to leave that up to you. Who would you like to see him replace? Have you studied that end of it? COMMISSIONER HALAS: Well, I was thinking that maybe Mr. James Gus-- COMMISSIONER FIALA: Pusateri. COMMISSIONER HALAS: Pusateri, yeah. COMMISSIONER FIALA: I'd love to throw in here that Mr. Barlow and Mr. Pusateri attend every meeting. CHAIRMAN COLETTA: They do. COMMISSIONER FIALA: And I think that they are -- they Page 178 February 13, 2007 both, as the committee had recommended, would hit the ground running because they're both so in tune with everything going on, and I would really like to make a motion that we take the committee recommendation and approve it. CHAIRMAN COLETTA: And I'm going to have to go along with that, because I attend the meetings, and I've seen these people in action; however, there's going to be other appointments coming up shortly. They have some people that have been what's called non- functional on the committee, and they're going to be weeding them out, and we're coming back for a number of people. And I kind of hope that we'll keep this list alive. Is that correct, Cormac, rather than have to readvertise? MS. FILSON: Yes. I do readvertise, that's correct. CHAIRMAN COLETTA: Okay. But could be keep this list alive so that they don't have to reapply? MS. FILSON: If that's the board's direction. I don't normally do that, but if that's -- CHAIRMAN COLETTA: Could we make that part of the motion? COMMISSIONER FIALA: Sure. COMMISSIONER COYLE: Could you -- you don't know whether these people will really want to apply again. I think it's necessary that you at least contact these people and find out if they really want their name on the list next time. CHAIRMAN COLETTA: Just so we can give them the opportunity to be there. They went through all the efforts to apply and COMMISSIONER COYLE: Well, they might have to update their application anyway, because there might have been some offense against the law that might have occurred in -- well, that's one of the questions we ask them, you know. And so who knows what happens between -- Page 179 ___.,,____c_ ._...______;...,_____..._ February 13,2007 CHAIRMAN COLETTA: None of these are elected officials. COMMISSIONER COYLE: Oh, I see. Okay. COMMISSIONER FIALA: What are you implying? CHAIRMAN COLETTA: Nothing. I was just trying to answer Commissioner -- So we have a motion on the floor. I guess the idea of using the present list is gone by the wayside. I don't know if there's any support. COMMISSIONER HALAS: Well, I'll just encourage Mr. Spanier to -- when the time comes to resubmit his application. But I do think he has a lot -- a wealth of information since he dealt with affordable housing up in the State of New York before he moved down here to Florida. CHAIRMAN COLETTA: There's a couple others on here I personally know, especially Arnold Karp, that I was very impressed with myself. But in any case, we have a motion on the floor, we have a second. With that, any other discussion? Commissioner Fiala? COMMISSIONER FIALA: No. CHAIRMAN COLETTA: Okay. With that, 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. Item #9B Page 180 February 13, 2007 RESOLUTION 2007-39: APPOINTING DAVID R. CLEMENS TO THE RADIO ROAD BEAUTIFICATION ADVISORY COMMITTEE - APPROVED MR. MUDD: Commissioner, next item is 9B. It's appointment of member to the Radio Road Beautification Advisory Committee. COMMISSIONER HENNING: I'll make a motion we appoint David Clemens. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: We have a motion by Commissioner Henning, a second by Commissioner Coyle, to go with committee recommendations. All of 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 #9C RESOLUTION 2007-40: APPOINTING DAVID BISHOF TO THE LAKE TRAFFORD RESTORATION TASK FORCE - ADOPTED MR. MUDD: Next item it 9C, appointment of members to the Lake Trafford Restoration Task Force. COMMISSIONER HENNING: Make a motion we appoint David Bishof. COMMISSIONER COYLE: Second. Page 181 --""'-. ,.,----.-....."- February 13, 2007 COMMISSIONER HALAS: Bishop. COMMISSIONER HENNING: Bishof. MS. FILSON: No, it's F. Who did the second? MR. MUDD: Bishofwith an F. COMMISSIONER HENNING: Let's argue about it. MS. FILSON: I accidentally put a P in the committee recommendation. It's spelled with an F. COMMISSIONER HALAS: Oh. CHAIRMAN COLETTA: Okay. Motion by Commissioner Henning, second by Commissioner Coyle. Any discussion? (No response.) CHAIRMAN COLETTA: Seeing 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. Item #9D RESOLUTION 2007-41: ESTABLISHING SUPPORT FOR THE STATE LEGISLATORS' EFFORTS REGARDING STATE INSURANCE REFORM - ADOPTED MR. MUDD: Commissioner, the next item is 9D. It's a resolution of the Board of County Commissioners of Collier County, Florida, establishing support for the Florida legislators' effort Page 182 -"'-'-"-- -.. --,,-,_.- February 13, 2007 regarding state insurance reform. Commissioner Coyle will present. COMMISSIONER COYLE: This is merely a resolution which reaffirms what we discussed previously . You directed me to have a resolution prepared. This is it. I think it -- with the help of the County Attorney's Office, we have updated it to reflect the realities of the bill that was actually passed and it's very supportive of the efforts of the legislature and the governor. CHAIRMAN COLETTA: Okay. And what's the recommendations on this? Just to -- COMMISSIONER COYLE: Make a motion that we approve __ COMMISSIONER HALAS: I second it. CHAIRMAN COLETTA: Motion by Commissioner Coyle to approve this and second by Commissioner Halas. Any discussion? (No response.) CHAIRMAN COLETTA: Seeing 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: Ayes have it, 5-0. Thank you. MR. MUDD: Mr. Chairman. On a related -- on a related subject. CHAIRMAN COLETTA: Yes, sir, please. MR. MUDD: Okay. You told staff to come back -- I was going to do this during communication, but we're -- we've got insurance on our mind. You told staff to come back with the Florida insurance and actuary request from Bobbie Dusek's petition. After the special legislative session is over and they've passed Page 183 February 13, 2007 insurance reform, is it the board's pleasure that we wait -- my recomm -- staffs recommendation is that you wait until June or thereabouts when they finally get some insurance companies that change their ways, till we see how this starts to play out before we take any further action on Ms. Dusek's petition, because we believe __ CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Are you going to finish? CHAIRMAN COLETTA: I'm sorry. I thought you were. You stopped talking for a second. MR. MUDD: The petition was for $150,000 for an attorney and an actuary so that they could start working -- their -- with this private enterprise to move it forward to reduce our insurance costs. We believe, staff believes, that it's a little premature in order to do that even yet because it's going to take time for the insurance companies to change their rates to get them out to the customers so we can actually see what the result of the legislation is. COMMISSIONER HENNING: Yeah. Well, I think what was presented to the Board of Commissioners, they haven't taken a good look at the overall infrastructure of Collier County and the number of new homes that fit the hurricane code. And it wasn't to hire -- 150 for that group. It was for the county to hire, not for that group, for the citizens of Collier County. MR. MUDD: All I'm asking is, does the board want me to bring that back now or do you want to wait a little bit longer? Because your instructions were to bring it back right after the special session. I'll bring it back for next meeting if the board wants, or do you want to wait? COMMISSIONER HENNING: Yeah. And it has nothing to do with the raising of insurance or the lowering of insurance because of the legislators. It's because -- it's just that we want a fair shake to our residents to make sure they're value -- the community's valued overall. And, yes, I would personally. Page 184 February 13, 2007 CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Yeah. The problem we had at the time was that we didn't know exactly what was going to be passed by the legislature, and we, quite frankly, I think Ms. Dusek's organization was trying to get information to support changes in the insurance laws in the State of Florida. Well, now that has happened. We don't know what the effect is going to be yet, but we're still absent all of that backup information. We don't know how much the people in Collier County have paid in insurance premiums over the past decade or 20 years, as an example. We don't know how much insurance companies have paid out in claims to residents of Collier County over that same period. We don't really have a good assessment of how our quality of construction in Collier County stacks up with some of the other counties. It is entirely possible, if we can gather the information, we can make a case for substantially lower insurance rates in Collier County because of those determinations. So I would suggest we continue to see if we can collect that data. I don't -- I'm not saying we have to spend all the money all at once, but it would be interesting at least to get somebody who's capable of doing that, maybe to have the county manager and staff sit down with them and discuss the parameters of the study, and then come back to us and tell us what is possible within what time frame and for how much money. The one thing, honestly, we haven't defined is we haven't told you what we want. We haven't told you what information we need, and I'm not sure we know ourselves. MR. MUDD: Commissioner, I'm not arguing that point, but you've asked us -- they asked us, 150,000. You basically tabled it until after the special session. If you want the staff to bring that item back -- because you didn't know what the legislature was going to do. We now know what it did. Page 185 February 13, 2007 We don't know what -- how it's actually going to -- what it's actually going to result for us as far as premium reductions. We'll see that soon, I hope. The question is, do you want to proceed with the background information? There was a request by Ms. Dusek that she use, or that group FAIR, I believe is what they call themselves, that they use the same actuary and attorney that they -- that I guess it was Monroe County, David? MR. WEIGEL: Correct. MR. MUDD: That Monroe County used. We're going to need to come back to the board and ask the board, yes, do you want to put those dollars down? Do you want to go sole source? Do you want us to go out for RFP for those particulars? All I'm asking is, do you want us to come back with the item for the board's decision at the next meeting? COMMISSIONER COYLE: I vote we come back. And let me just say this. My understanding of what that person did from Monroe County was that it was specifically limited to Citizens Insurance Corporation. That is not my interest. I am not interested in doing a study just on Citizens Insurance Corporation because it has been changed so dramatically. Anything we study about them in the past will be irrelevant for the future. We need to take a look at the entire insurance picture in Collier County with an emphasis on the standards of construction, because one of the effects of this new legislation is likely to be that insurance companies will be required to assess the vulnerability of a structure based upon an inspection of the building rather than just using the year of construction. Okay? CHAIRMAN COLETTA: Directions? COMMISSIONER COYLE: I'm sorry? CHAIRMAN COLETTA: Directions? COMMISSIONER COYLE: Yeah, let's bring it back. Page 186 February 13, 2007 MR. MUDD: Bring it back next meeting? COMMISSIONER COYLE: Yeah. MR. MUDD: I think I've got two commissioners that say __ CHAIRMAN COLETTA: Bring it back. MR. MUDD: It's coming back. Thank you very much. I thank you for your direction. Item #10C RECOMMENDATION TO ACCEPT FISCAL YEAR 2006 GRANT REPORT PROVIDING AN ANNUAL UPDATE OF GRANT ACTIVITY - APPROVED Next item is 10C. It's a recommendation to accept the fiscal year 2006 grant report providing an annual update of grant activity. And Marlene Ford and -- Marlene Ford's our grant coordinator. Come on up, Marlene. And Len Price will help her when she needs to. Go for it. MS. FORD: All right. Good afternoon. Marlene Ford, your Collier County Grant Coordinator. Today I have the privilege of telling you about the grants that we have had so many successes with over the last year, fiscal year '06. And I just wanted to present the report to you. I'm going to do this on an annual basis. Normally you don't hear about the good news unless you hear it through the newspapers, so this is going to be your good news annual report, and I want to thank you for your support and also take any questions, if you have any. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: I just want to say that I'm totally impressed on the amount of grants that this county is getting, and I want to thank you and your staff for working so diligently to bring this forth. Some of these grants, yes, are cost shared, but the overall effect Page 187 February 13,2007 on this county and what you're doing is outstanding. Thank you. Keep up the great work. MS. FORD: Thank you. It's all your staff doing this work. CHAIRMAN COLETTA: Okay. Motion to accept the fiscal year 2006 grant report -- COMMISSIONER HALAS: Second. CHAIRMAN COLETTA: -- providing the annual update. Okay. We have a motion for -- to accept this, second by Commissioner Halas for -- motion made by Commissioner Coletta. Excuse me for not getting that in. Any other discussion? (No response.) CHAIRMAN COLETTA: Seeing 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. MS. FORD: Thank you. Item #10D A REPORT TO THE BOARD OF COUNTY COMMISSIONERS FROM THE COLLIER COUNTY HEALTH AND CODE ENFORCEMENT DEPARTMENTS REGARDING THE CONTINUED INITIATIVES TO ELIMINATE UNSAFE AND UNSOUND HOUSING IN THE IMMOKALEE COMMUNITY _ MOTION TO APPROVE STAFF'S RECOMMENDATIONS AND TO DRAFT A LETTER TO GROWERS CONCERNING HOUSING NEEDS FOR THEIR WORKERS - APPROVED Page 188 February 13,2007 MR. MUDD: Next item is 10D. It's a report to the Board of County Commissioners from Collier County health and code enforcement departments regarding the continued initiatives to eliminate unsafe and unsound housing in the Immokalee community. And Michelle Arnold and Dr. Colfer will present in order, I guess. MS. ARNOLD: Yeah. Good afternoon, Commissioners. I'm here to just report back to you as you requested in the past on the activities that has occurred in the Immokalee area with regard to the elimination of substandard housing in that particular area. As you all are aware, the initiative started at your workshop in April of 2006. And my staff went out there in Immokalee and identified, in June, approximately 103 units that met that substandard housing condition. Since the time that we reported to you in October, we found an additional three units. And so the total units that we are looking at is 106 units that are out -- substandard. Since the initiation of the report or this project, we have eliminated 71 percent of the substandard units, and that has been in the form of demolition or repairs. We're still working with the property owners out there to do both. I just want to show you an example of one of the repairs that we recently documented in our report. One of the things that we provide in a code enforcement perspective that is kind of a gap or something that needs to be addressed and -- is the -- currently mobile homes are regulated by the Florida Department of Highway and Safety and Motor Vehicles. They are the ones that are responsible for the initiation or the permitting of those structures. The Florida Building Code does not include any inspection or guidelines for inspections and permitting of mobile homes with the Page 189 February 13, 2007 exception of tie-down and the -- hooking those structures up to utilities. What I'm requesting at this time is that you all authorize staff to investigate developing a technical amendment to the building code so that we could look into guidelines for inspections and permitting of mobile homes, because what's happened is, many of the structures that were demolished or made vulnerable, more vulnerable as part of the hurricanes and, you know, weather that we've had, are not being inspected, and people are altering or modifying those things. And this, I think, would safeguard those -- the residents out in Immokalee and make sure that the alterations and modifications to those structures are at least sound and meet some -- CHAIRMAN COLETTA: You just need-- MS. ARNOLD: -- minimum requirements. CHAIRMAN COLETTA: -- direction from the commission with a nod of the head for that particular part? MS. ARNOLD: Yes, I believe so. CHAIRMAN COLETTA: We've got a bunch of Commissioners, I think, that want to address that particular issue. Commissioner Henning's first, Commissioner Coyle. COMMISSIONER HENNING: Yes, I think Commissioner Coyle was first. But anyways, if the state is supposed to be doing it and they're not doing it, why don't we get the -- ask the state to do it? MS. ARNOLD: Well, what the state is -- what the state is doing is actually inspecting it when they first are built, and there's no inspection that is done subsequent to that. COMMISSIONER HENNING: What -- what's the FAC number so I could look it up, governing the mobile homes? MS. ARNOLD: I don't have that information. I will try to get it to you before the presentation's over though. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: Anything else, Commissioner Page 190 February 13, 2007 Henning? COMMISSIONER HENNING: Yeah. I just have a problem with taking on more -- more and more. MR. HAMMOND: For the record, Bill Hammond, director of building review and permitting. Commissioner, Florida Statute 553.73 is the Florida Building Code, and within that there's language that exempts -- that exempts that manufactured housing from the Florida Building Code. COMMISSIONER HENNING: Right. MR. HAMMOND: But I can forward you some more information about the specific guidelines and governance for mobile homes under the Department of Motor Vehicle and Safety. COMMISSIONER HENNING: Right. MR. HAMMOND: I can forward that to you. COMMISSIONER HENNING: And that wouldn't be in the statutes. That would be either in the building code or Florida Administration (sic) Code, the details of it. MR. HAMMOND: The details of it are that that's correct, and I don't have that specific admin. code number or the statute number, but I do have the reference, and I can get that information for you. COMMISSIONER HENNING: Thank you. MR. HAMMOND: Yes, sir. CHAIRMAN COLETTA: Okay. So discussion is still on whether to direct staff to go forward with this. And if I may jump in front of you, Commissioner Coyle. First off, the cost that we're spending, the county's spending to remove and demolish the structures that are out there, that's money we're all going to get back. Liens are being placed against property. I believe there's an interest that secures every year on it. Property values in Immokalee are just starting to turn the corner and go up. I think we're going to see demand for it, and the county's going to be made whole as far as those kind of expenses go. Page 191 February 13, 2007 But we've been to Immokalee. We've seen the very worst cases that we can see, and I think we were all moved by what we saw. The thing is that, as hard as we try, there's a whole element of that community that goes without the proper inspections. If we can get there by coming up with the right codes and ordinances in our end of the whole thing, I'm for doing it, if we're ever going to make these people whole and be able to protect the well-being of the people that live in Immokalee. I mean, nobody wants to live in substandard housing. Well, I've said enough. I'm not going to go into that anymore, and I got ahead of Commissioner Coyle, and he's got something to say, and I don't want him to forget what it was. COMMISSIONER COYLE: I already have, but -- no, really. I would like to make a motion to approve the staffs recommendation. It's my understanding that there just isn't any Florida Building Code or any other building code that will permit either the State of Florida or anyone else to inspect these things, and if we're going to do something, we need to develop a local building code that can be enforced by the county. I would like to think that the state would take some responsibility, but I know they won't. And rather than let the problem just sit there and fester, I'd like to solve it. So I would -- I would support the staffs recommendation that we accept the report and endorse the continuation of the identified initiatives and to pursue the local amendment to the Florida Building Code authorizing the local building department to establish and enforce building standards for mobile home structures, but beyond that, I believe that for those units that were previously rated as beyond repair and that are now occupied, we should be able to impose some fine on these people. What you're suggesting is that we advise them that their licenses for occupancy will be revoked at the end of the current migrant season. I presume that's because you don't want to throw people out Page 192 February 13,2007 on the streets. MS. ARNOLD: Right. That's making reference to those migrant facilities. And as a part of this study, we had our inventory and our count of substandard units which is completely separate from the count that the health department -- and Dr. Colfer is here to speak to that. COMMISSIONER COYLE: Okay. But now let me make sure that we understand. If we make a motion, we're going to cover both elements here. MS. ARNOLD: Absolutely. CHAIRMAN COLETTA: And I'll second your motion. COMMISSIONER COYLE: Okay. Thank you. DR. COLFER: Good afternoon, Commissioners. For the record, I'm Dr. Joan Collier, the Collier County Health Department Director, and with me is Nancy Frees, who's in charge of our Immokalee site. You'll recall, as Michelle said, we -- you know, we toured Immokalee housing stock, we showed you everything that was there, including what we license, which is the migrant housing. And migrant housing is defined as housing for five or more migrants, so it's not -- it's not a trailer with a single family in it. It's a trailer that has, you know, five men or five women, or whatever combination working the fields. At the board meeting in May you provided some additional funding to bolster staff in Immokalee to address the migrant housing problems. And at the time -- and we're going to show you the same chart we showed you then. Okay. So what we showed you back at the May meeting was the total, the 1,440 migrant housing units. Now, that doesn't sound like a lot, but you have to remember that that represents over 8,000 beds. And 50 percent we thought were still in good condition, 25 percent needed improvement, but it was that last group, that 25 percent that were beyond repair that we wanted to focus on. And if that's unclear, the pie chart shows you the blue's the good Page 193 .------ . ------"'..-,..--.--,,<, February 13,2007 condition, the maroon is the "needs improvement," and the yellow is what we primarily have been focusing on. We hired staff, we began closing down and denying permits to folks for those that were the ones that were in the worst repair, and then Nancy's going to join me up here and talk a little bit more about what some of those findings are and where we find ourselves, particularly, Commissioner Coyle, with the folks that are already living in those that we really don't want to have them remain as part of the housing stock. But we -- you know, we also don't want to throw people out in the street. We think that we've closed down the ones that were, you know, a health and safety danger, and those are -- those have been eliminated. And Nancy can show you that piece. MS. FREES: Hello. I'm short. For the record, Nancy Frees from the County Health Department in Immokalee. And as Dr. Colfer was saying, we have already closed that initial -- and I gave my paperwork away. We ini -- we closed that initial 122 units that have been eliminated; that was almost 700 beds. And in __ as is mentioned in this current report, there are 129 units that have 740 beds that are occupied right now, and we could start tomorrow and eliminate those and if we do, then we have 700 people that are on the street within a week or so. What we would like to ask your support and concurrence to do __ because they are kept to minimum standards. They have running water. They do have refrigeration. There are no immediate health risks or threats -- to begin eliminating putting those folks on notice today, official notice. We have started verbally communicating that __ begin to put them officially on written notice that when those migrants are gone -- many of those will start leaving in May, some in April, some in May, so that generally those are vacant, and all of them, by June -- that they know then that's the end of those units and they will not be re-occupied after this season. Page 194 February 13, 2007 CHAIRMAN COLETTA: Could we be assured of that? MS. FREES: Well, as long as I continue to have staff to monitor, yes, sir, because that's what we do is go back -- on the ones that we have investigated, the ones that we have already eliminated, staff continued to monitor those sites. On other ones that we have identified -- and I'd like to show you this one. As part of staffs activity of being out in the community, behind a trailer off of -- near Lake Trafford Road, in the back yard we found this bus and two RVs. As you can see, those R V shave tarps on them because of hurricane damage. So they had tarps put on by somebody at some point. The bus was converted into sleeping quarters. Now, this was -- we found this in January. And as you drove down the front of the property, you did not know it was there, if our staff hadn't been out on the street and looking. So that property now looks like this. And as I shared with Michelle, I never even got to refer it to county code enforcement. I just told them, once we got done with them, that's who was coming next. So they cleaned it out before anybody ever got further. So within a matter of about four days, this is what they had done with the property. And so those pieces are things that are a little -- they are harder to measure out of that original 700 -- or 8,000 beds, excuse me, that we had. But those are still ones that we are continuing to work on. The other piece of that -- if I could show this one, please. MR. MUDD: Sure. MS. FREES: Because as part of that, we have eliminated completely by October those 674 beds. In December we added 54 beds that were in good facilities. Since then we have added 300 -- and I have it right in front of me -- 54 beds. So while we have continued to eliminate the substandard ones on one hand, we have continued to gradually add other units that Page 195 February 13, 2007 are in good shape and in good repair. CHAIRMAN COLETTA: Okay. Commissioner Fiala, then Commissioner Halas, and then Henning. COMMISSIONER FIALA: First I want to make a comment. Wouldn't it be nice if the employers or farmers provided housing for their workforce. DR. COLFER: As long as it was decent housing. COMMISSIONER COYLE: And healthcare -- and healthcare. COMMISSIONER FIALA: And healthcare would even be better. Would this motion that we have on the floor now cover trailer flophouses, for instance? I'm only speaking of some that I'm aware of right here off Bayshore, and I'm sure you are, too. Does it cover things like that? MS. FREES: On Michelle's -- we only are in them, Commissioner, if they are migrant housing. COMMISSIONER FIALA: Oh, okay, fine. Maybe -- okay. MS. FREES: But if that would be trailer housing that is here in Naples that does not -- or anywhere in the county that does not contain migrants, that's where Michelle -- COMMISSIONER FIALA: Oh, I see. I was just wondering if that would help Michelle then in any housing, doesn't make any difference where it's located, you know, besides Immokalee when it's either unsafe or when they're using it as a flophouse. MS. ARNOLD: This recommendation, yes, absolutely. COMMISSIONER FIALA: Okay, good. Thanks. CHAIRMAN COLETTA: Okay. Commissioner Halas? COMMISSIONER HALAS: Yes. I believe that when we discussed this we had -- some time ago we had a workshop in regards to addressing affordable housing and housing in Immokalee in general. And I think at that time there were landowners, there were people that were involved in the ago industry that said they were going to step up to the plate and provide housing. Where does that stand? Page 196 February 13, 2007 MS. FREES: Some of that, I can tell you, it's -- and I'm note sure. Is it Gargiulo's? MR. MUDD: Uh-huh. COMMISSIONER COYLE: That's the one. MS. FREES: -- that is south -- yeah, I never quite say it right -- south of Farm Workers' Village is -- which is on route 29, has new housing that will be in place by the end of the summer, is what their goal -- their objective is, is by the next growing season. COMMISSIONER HALAS: And how many units are they going to provide for their workers? MS. FREES: That I don't have an answer to. COMMISSIONER HALAS: I would think that would be very interesting. I think that you need to provide -- MS. FREES: I'm afraid right -- I can find that answer. I can find it out from someone, because we will be looking at those plans as part of the migrant housing permitting process, so I can find that information out and get it to you. COMMISSIONER HALAS: I believe that they have an obligation in regards to this, and I hope that we can put pressure on them to make sure that they fulfill those obligations, especially for the migrant workers, okay? It shouldn't be a tax load on Collier County. CHAIRMAN COLETTA: You got it. And I'm going to jump in front of you for just one second, Commissioner Henning, and give it right back to you. COMMISSIONER HENNING: Not a problem. CHAIRMAN COLETTA: Thank you. That's one of the things we did in the past is we had a workshop where we had all the different people from the agricultural industry come in. We had it down at the agricultural center. It wasn't the commissioners' workshop; it was staff workshop. I think we're ready for that again. They need to know out there in Immokalee what is in the works, what is coming, so they can start to Page 197 February 13, 2007 make their plans. This all purely has to be driven by profit. If they know there's endangers (sic) to their workforce, they're going to make sure that they provide a certain amount of housing to be able to meet that need. And so that would be my suggestion. I hope the commissioners support it, that they have another workshop similar to the one that they had last year with the agricultural industry out there at the agricultural center. COMMISSIONER FIALA: I absolutely support it. CHAIRMAN COLETTA: Do I have any agreement on that? COMMISSIONER FIALA: Absolutely. COMMISSIONER HALAS: I think we've made it pretty clear what we expect out of them, and all we have to do it put pressure on them. I don't think we need a workshop. I think all we need to do is have staff -- CHAIRMAN COLETTA: Here's the problem, here's the problem. It's going to be the cause and effect. We're going to do all this, and they're not going to be aware it's taking place till you get close to the next growing season. Then there's going to be absolute panic and the industry's going to be hurt. You've got to have a little time to let them know what's taking place. COMMISSIONER HALAS: There's-- CHAIRMAN COLETTA: Yes, we are coming down-- COMMISSIONER HALAS: Commissioner, you're absolutely right, but I think if they listen to this and if -- I think if the press will fill -- they have an obligation to make sure that what's covered in this meeting, that it's put in the press and I think that everybody will get the idea. CHAIRMAN COLETTA: No, I don't agree, I don't agree. I still hope that the commission here will agree to direct staff to have that workshop with the stakeholders out there so that they can prepare for what's coming down and be an active participate to provide that Page 198 February 13,2007 housing. By the time the word gets back to everyone, it's going to be too late. I don't see that happening without that help. COMMISSIONER FIALA: Not only that, but a workshop can -- question and answers can be -- CHAIRMAN COLETTA: Right, exactly. It's no-- COMMISSIONER FIALA: If you have to read it in the paper and you only read an abbreviated version, that doesn't do anything. CHAIRMAN COLETTA: Well, I need one more nod. If I don't get it, there won't be a workshop. Well, it looks like there's no workshop, so -- MR. SCHMITT: I'll just add, for the record -- MR. MUDD: Commissioner, let me give you -- for the record, let's have staff draft up a letter to those growers that are out there, okay, that were at that workshop that talked about what they were going to do. They'll draft a letter up for your signature, we'll mail it out to them to let them know what staff is doing to get rid of the limitation of the housing, to let them know that they're still on the hook to provide housing and ask them to reply back to you to let you know what their plans are and when that stuffs going to come online. CHAIRMAN COLETTA: Thank you, Mr. Mudd. MR. SCHMITT: If I could add to that. CHAIRMAN COLETTA: I think that's a wonderful alternative. COMMISSIONER HALAS: Yes. MR. SCHMITT: Just want to point out that the bill -- Representative Davis's bill did provide some additional funding for those growers. We talked about that at the workshop to date. None have stepped up. And we'll remind them of that as well. CHAIRMAN COLETTA: Thank you, Mr. Mudd, for that save. Okay. Where are we? Commissioner Henning? COMMISSIONER HENNING: I just want to get a clarification from the county's position. They have no authority to inspect, permit, any alterations of a mobile home? Page 199 February 13, 2007 MR. HAMMOND: For the record, again, Bill Hammond. Commissioner, that is correct. MR. SCHMITT: Well, it depends. If it's an aluminum manufacturer adding an addition. MR. HAMMOND: Well, okay. Well, that would be an accessory addition that, under the Aluminum Association. That is referenced under the Florida Building Code, and we do permit those carport additions and roof-overs and things like that, that's correct. COMMISSIONER HENNING: So you're saying if somebody does an -- additional electrical outlets in it, you feel that you have no authority to permit and inspect that? MR. HAMMOND: Within the mobile home, that's correct, Commissioner. I have no authority for that. COMMISSIONER HENNING: Okay. MR. HAMMOND: Also for the record -- COMMISSIONER HENNING: And what you want to come back is also about the maintenance of mobile homes. That's what I'm reading here. Does not -- the Florida Building Code does not govern the construction and/or maintenance. So we want to inspect maintenance of mobile homes? MR. HAMMOND: If -- maintenance of such a type that were performed under a permit. COMMISSIONER HENNING: Okay. Not carpet cleaning or anything like that? MR. HAMMOND: Oh, no, no, no. No more than we would in a residence. We don't -- we don't permit painting tile or such things in a home either, so -- COMMISSIONER HENNING: Yeah, okay. You never know what the county staff is asking for. You just never know. MR. HAMMOND: And again -- and for additional information for the board, if a local amendment were -- were allowed to be adopted by the Florida Building Commission, it would be sunsetted Page 200 February 13, 2007 and it would have to be -- unless it were adopted by the entire state, it would have to be readopted locally, because every three years the new building code -- the new building code is -- has to be adopted by the Florida Building Commission. So any local amendment at this time would be sunsetted with the adoption of the new code unless the state adopted that local amendment, which they have the -- you know, the right to do. And if the requirement were still there, then we could apply again to have the local amendment for the building code to be continued for Collier County . CHAIRMAN COLETTA: Commissioner Coyle, I hope to put this to a vote. COMMISSIONER COYLE: Yeah. I just wanted to clarify something. My intention all along has been to address this issue of unsafe housing all over Collier County, and East Naples is in need of as much enforcement in many case as Immokalee does, okay. So we -- I would like to hope we're extending this review into the East Naples area or into any other areas where we have these kinds of conditions. It's just that I know that I have seen similar conditions in East Naples. DR. COLFER: And again, from the health department standpoint, what we're -- what we can get involved in is the migrant housing component. I think that's why Michelle is asking for a little bit more authority from her division as well. We don't have too many, you know, migrant homes here in East Naples. We do have -- we do have a farm out on the East Trail that we're well aware of. MS. FREES: We do have some. DR. COLFER: And a few others that Nancy's aware of. I mean, we do have a few, but that's not the majority. I think most of your issues had to do with regular housing. COMMISSIONER COYLE: So do I understand then that you Page 201 February 13,2007 have only a responsibility for assuring that there's safe and healthy living conditions for migrant workers but not for permanent residents of Collier County? DR. COLFER: Unless -- unless it can fall under some kind of a nuisance statute, yes; otherwise, no, we don't. COMMISSIONER COYLE: Who does, Michelle? MS. ARNOLD: Yes. We have a minimum housing ordinance that we rely on to do inspections for those types of conditions that you were describing. COMMISSIONER COYLE: Okay. And you're capable of applying that same emphasis in places like East Naples? MS. ARNOLD: Yes. COMMISSIONER COYLE: Okay. Can -- are we doing that or can you do that? MS. ARNOLD: Well, we can. We don't have the resources to do it all at the same time. COMMISSIONER COYLE: Okay. Can you tell us how much you need and what it will help you do if you do get the resources? MS. ARNOLD: I could. I could come back and tell you that or tell the county manager that, yeah. COMMISSIONER COYLE: If there's enough support on the board, I would be happy to see you come back at least with a report concerning what it would take to start cleaning up these kinds of situations throughout the county. CHAIRMAN COLETTA: That's a separate direction. COMMISSIONER COYLE: Yeah. CHAIRMAN COLETTA: Yes, I nod my head. MS. ARNOLD: I just need to make a clarification that it's -- our authority is limited to rental properties. We can't go into owner-occupied properties, private properties -- CHAIRMAN COLETTA: Yeah. MS. ARNOLD: -- unless it's a health, safety issue and we obtain, Page 202 February 13,2007 in some cases, a warrant. And we have done that in the past, but -- COMMISSIONER COYLE: So only rental properties. Okay, all right. Well, I suspect most of these are rental properties I'm talking about. But to get back to the basic motion, we've got a motion to approve your recommendations, to draft some building codes that will help us enforce these things and also to do something about those units that were determined beyond repair but are still being used, you're going to give them notice that they will not be relicensed after this season? DR. COLFER: That's correct. They've already -- for the ones that we've been in, they've already been told that verbally. We were just waiting for this meeting to put that in writing. COMMISSIONER COYLE: Is there a fine that can be applied if people ignore our warnings about this? DR. COLFER: First of all, they would not get a license from us, and if they tried to put migrants in there without a license, yes, then we can fine them, and I think it's on a daily basis. COMMISSIONER COYLE: Okay. Then, you know, you've got my motion. CHAIRMAN COLETTA: We're there. So let's move forward now. We have a motion by Commissioner Coyle, second by Commissioner Coletta. Any other 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: Opposed? Page 203 February 13,2007 (No response.) CHAIRMAN COLETTA: The ayes have it, 5-0. Thank you very much. MR. MUDD: Commissioner, that brings us to lOG. It's a recommendation to approve budget amendment of -- CHAIRMAN COLETTA: Oh, I'm sorry. I'm going to take something out of sequence here, Mr. Mudd. It's something that ties in very closely with what we just talked about, while we're on the subject of affordable housing. Let's go to 101. Item #101 RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A REQUEST FROM I HOPE, INC. OF COLLIER COUNTY TO FUND THE $1 0,000 PAYMENT OF PERMITTING FEES RELATED TO THE INSTALLATION OF THIRTY (30) FEMA TRAILERS IN THE IMMOKALEE AREA - APPROVED W/STIPULATIONS MR. MUDD: 101 is 16D2. 16D2 is a recommendation that the Board of County Commissioners approve a request from I Hope, Inc., of Collier County to fund the $10,000 payment of permitting fees related to the installation of 30 FEMA trailers in the Immokalee area. The item was asked to be pulled to the regular agenda by Commissioner Fiala. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Sure. What I just wanted to do was MR. MUDD: And Ms. Marcy Krumbine, will -- COMMISSIONER FIALA: I think this is a wonderful effort. I'm just solidly behind it. What I wanted to say is that I see that they're going to be selling these units then. Are they going to be Page 204 February 13, 2007 selling them to investors who then will take it and do just as they've been doing in Immokalee by having these substandard things and renting them out in pieces or not? MS. KRUMBINE: No, Commissioner. They have already prequalified the families that are going in, and these are families that have lost their homes during Hurricane Wilma, and they've already been qualified for legal status and they're all also below the poverty guidelines. So those are who are getting the homes, and they'll be financing them for 24 months to recoup the money that they've already put into it. COMMISSIONER FIALA: That's wonderful. Now, is there a way that you can make sure that after they buy this at a very, very reasonable price, they don't turn around and rent it to somebody else or rent it to a few people? Do you have any -- any -- CHAIRMAN COLETTA: Any ability? COMMISSIONER FIALA: Yeah, any ability to stop that from happening? MS. KRUMBINE: Well, within the 24 months that they're financing this, there will not be any -- they will not be able to sell the property. And then Mr. Rick Heers is here, and he's the executive director of I Hope. And through conversations with him, he and his board have also agreed to keep that affordable factor for several years. And would it be appropriate for him to answer any questions? COMMISSIONER FIALA: Yes. I just wanted to make sure that even though it's kept affordable, if the -- if the people don't remain in it but rent it out, how -- you know, is there any limitations? How will you be sure that they don't then turn around on this place that they've bought and then rent it out to somebody else? MR. HEERS: My name is Rick Heers, for the record. I'm the Executive Director of I Hope, and it's a privilege to come before you to just address this issue briefly this afternoon. Weare -- we have forms, applications, that we are requiring that Page 205 February 13, 2007 families sign that they list the family members who will be residing in these. For the first year that they are living in them, they will not even have to pay rent unless they decide they want to begin a purchase pnce. They can live in it rent free but paying all of their utilities, maintenance fee and insurance fee. And before they are allowed to make a -- go into a contract to make a purchase, they also have to attend a home ownership class that is being provided free for us by the University of Florida Extension Office in Immokalee. So we have the families' names listed and it is in the agreement that if they have other residents in that, then they will be evicted, and we have a long waiting list of other families who have already been qualified that also are eligible to take their place. COMMISSIONER FIALA: Great. And is there any monitoring that you do to make sure, other than them just telling you -- MR. HEERS: Oh, yes. We have a -- we have a partnership with the Collier County Housing Authority landing -- Land Acquisition Incorporated that will have an inspector who will go in at least on a monthly basis and will inspect all of these sites. And I would just ask the board to also keep in mind that we already have gained funding for another 30 FEMA trailers. Once we've gotten through this first 30, we've been given, by one of our faith-based organizations, enough money to purchase another 30, and we're already working with landowners to develop their sites so that we can provide them with good housing units to put low-income families in them. And the park owners only want families. They -- that is part of their stipulations also. They do not want these to become places where we're stacking up people in them. COMMISSIONER FIALA: Thank you. MR. HEERS: I might also just quickly throw in that we have been contacted by the Volunteer Florida and FEMA, and as we speak Page 206 February 13, 2007 right now, another grant is being considered where we've been asked to actually take over all of the FEMA trailers that have been placed in Collier County during -- following Hurricane Wilma, which includes a number in Naples, Chokoloskee, Everglades City, Copeland, as well as a number in Immokalee. So we really -- we are wanting to provide continuing affordable housing for families. And we -- you had talked about the Amish. If I can just go back for a minute. We have been having Amish folks here for six weeks, and they'll be here for a couple of more weeks. And they have told me themselves that they have been all around the country helping after disasters, and they have never seen the wretched living conditions that they have seen while they've been in Immokalee. And we are working toward rehabbing the ones that can be repaired, but there are a number of them that we are telling people that we're not going to pour 4- or 5,000 dollars into units that cannot be repaired. So we're not -- we are -- some of these are migrant housing, but most of them are not. They're year-round residents. And so we're looking at trying to go insert some more modern housing for some of the poor families in Immokalee. COMMISSIONER FIALA: Great. Thank you. CHAIRMAN COLETTA: Rick, it's important to note, too, that these homes have been built to the hurricane standards today and they're tied down in such a way that they're safe shelters for people to stay in. MR. HEERS: They are built according to the codes from 2004 on. And if I could also just throw in one more thing. You're talking about the farmers, Mr. Halas. I had one of the local large growers call me while I was on a break -- while you were on your break today and ask if I could meet with him tomorrow in a large delegation from McDonald's in Chicago, and they want -- they want to begin to pour some money into Page 207 February 13, 2007 providing better housing for farm laborers, and they're going to meet with -- they have asked me to meet with them tomorrow morning. COMMISSIONER HALAS: Great. MR. HEERS: So that's one of the men that was at our meeting out at the Agriculture Extension Office, Commissioner. And so things are movIng -- CHAIRMAN COLETTA: Last year, and we're not going to do this year, right? MR. HEERS: Yes. CHAIRMAN COLETTA: Yeah, okay. I won't say any more. MR. HEERS: So, you know -- I also need to throw this in. I want to compliment county staff at the planning and zoning and permitting department. We're very green and new at this, and we've made a lot of -- we stumbled over our own feet on a number of occasions, and when you've got people like Jamie French and Denton Baker and Cormac Giblin and Susan Golden, people that have taken us by the hand and have been very patient with us in persevering, it has really helped us. And next -- their next round of 30 won't take us nearly as long as the first round of 30. CHAIRMAN COLETTA: Thank you very much. COMMISSIONER FIALA: Thank you. I make a motion to approve. CHAIRMAN COLETTA: Second. And Commissioner Henning? COMMISSIONER HENNING: Was this fees -- these permit fees, were these county permit fees or are these state permit fees? MR. HEERS: These are county permitting fees. MS. KRUMBINE: No, they're county -- they're county fees. COMMISSIONER HENNING: Okay. And they're going to probably inspect those after they -- MR. HEERS : Yes. That's where the -- the cost for doing all the Page 208 February 13, 2007 inspections after we -- we've paid about -- we will have paid about $3,500 for the tie-downs, $500 for the trailers themselves. COMMISSIONER HENNING: Thank you. Well, I think you're going to have good luck down there, because I hear it's real slow, so you'll probably get that done in short order. CHAIRMAN COLETTA: Good. Okay. Commissioner Coyle? COMMISSIONER COYLE: Yeah. It's still unclear to me what's going to happen with the $10,000. How do we get that back? Are these for-sale products or -- MS. KRUMBINE: Let me answer that. You're not going to. This is -- what we're doing here is we're actually partnering with a nonprofit agency, so this isn't a loan. This is a grant that we're giving to them. This is about 10 percent of the total cost of -- they've gotten all the rest of the money from private donations, so this is a 10 percent grant that we'd be giving to them so that they could pay the permitting fees. And that would be our partnership with this non-profit for them to further their services. COMMISSIONER COYLE: And these trailers are not going to be sold to anyone? MR. HEERS: Well, they will be sold to the owners, to the residents of those units after they have been in there a year and after they have made -- kept their agreement to have the restricted people in it and-- , COMMISSIONER COYLE: Okay. I'm an unemployed person who is here illegal -- or here legally, and I can purchase one of these units if I meet the minimum -- MR. HEERS: No, sir. COMMISSIONER COYLE: -- income? MR. HEERS: No, sir. The other qualification right now is that you also have to have had sustainable damage from Hurricane Wilma to your living quarters. Page 209 February 13,2007 COMMISSIONER COYLE: Okay. MR. HEERS: This is only for Hurricane Wilma. COMMISSIONER COYLE: I can do all that, okay, and so I qualify and so I can purchase one of these. And in about three or four or five years from now, I sell it for $200,000. Now, are you telling me that I shouldn't have to pay that permitting fee out of my profits on that unit? MS. KRUMBINE: Commissioner Coyle, these are FEMA trailers, and they're depreciating assets, so that in -- COMMISSIONER COYLE: Oh, give me a break. There are thousands of trailers in Collier County that are appraised at way over MS. KRUMBINE: And they're not FEMA trailers. COMMISSIONER COYLE: It doesn't make any difference. MS. KRUMBINE: And the other thing is that not all of these trailers are sitting on owned land, owner-occupied land. So it is just the unit itself. It's -- COMMISSIONER COYLE: It's not land. So I couldn't buy the land. I can only buy the unit? MS. KRUMBINE: Right. That is costing $500 today. COMMISSIONER COYLE: If I want to sell it, what do I sell it for? MR. HEERS: Whatever you can actually get out of it, sir. COMMISSIONER COYLE: Yeah. MR. HEERS: And we would be willing to -- I talked to our board about this, and we'll be meeting in session later this week to make the final -- drop the final guidelines. We would be even willing to say that if they sell it, say, within a five-year period, that they will return to I Hope 50 percent of the purchase price. COMMISSIONER COYLE: Now, you're making sense, okay? N ow I'll buy that. MR. HEERS: Because, see, we also ought to look at sustaining Page 210 February 13,2007 our work that they're doing -- COMMISSIONER COYLE: Yes, absolutely. MR. HEERS: -- because we're also talking about partnering for affordable housing after Wilma is through. COMMISSIONER COYLE: That's a perfect solution. COMMISSIONER HALAS: You've solved the problem. COMMISSIONER COYLE: That's a perfect solution. If you do that, I'm all for it. MR. HEERS: Thank you. COMMISSIONER COYLE: It's just that we've got to have something sustainable. I've seen too many times when people have flipped things and made a lot of money off it -- MR. HEERS: Oh, yes. COMMISSIONER COYLE: -- and they have had no obligation whatsoever to recover their own debts. So I'm very much concerned about just give-away programs -- MR. HEERS: And we are also. COMMISSIONER COYLE: -- without looking for sustainability in affordable houses. MR. HEERS: And if that is the sentiment of the board, our board I know would be very willing to -- we'd have to check with our attorney to make sure it's all legal, but I know Habitat for Humanity does a similar thing when they provide houses. COMMISSIONER COYLE: If you were to administer this on the same basis that Habitat for Humanity is doing it, I have absolutely no problem whatsoever providing you assistance to do this. MR. HEERS: Good, good. CHAIRMAN COLETTA: Okay. So here we are. We have a motion, we have a second. We had some discussion. Now, to that discussion we gave you some guidance. You'll take that guidance and include it in your sales as far as the resale value and recuperating some of the money to be able to put back out. Still they'll be able to make Page 211 February 13, 2007 money to be able to apply towards a home that they'll be able to move up and use it for somebody else. Love it, did a wonderful job. Commissioner Coyle, once more, you did a great job of bringing us to this point. Didn't know where you were going. I thought for a minute you were off at the deep end. With that, no other -- don't see any lights on, so I'm going to call the question. 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. And we're going to take a break. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, Commissioners, you have a hot mike. Item #10G BUDGET AMENDMENTS FOR $38,198,334.09 TO TRANSFER PROJECTS FROM VARIOUS WATER AND WASTEWATER CAPITAL PROJECTS FUNDS TO A 2006 REVENUE BOND PROCEEDS FUND - APPROVED Next item on the agenda is lOG. It's a recommendation to approve a budget amendment for $38,198,334.09, to transfer projects from various water and wastewater capital project funds to a 2006 revenue bond proceeds fund. And Mr. Tom Wides, your Director of Operations for Public Page 212 February 13,2007 Utilities, will present. MR. WIDES: Thank you, Mr. Mudd. Commissioners, good afternoon. For the record, Tom Wides, Operations Director. Mr. Mudd has already recognized our staff recommendation today, and I'm prepared to either respond to questions or to give you a brief discussion as to the basics behind this exec. summary at your pleasure. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER COYLE: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: Okay. I've got a motion by Commissioner Coyle, a second by Commissioner Fiala. Commissioner Henning's light's on. COMMISSIONER HENNING: Is -- being that the permitting has fallen, this action doesn't mean that you'll actually build the infrastructure if not needed; is that your statement? MR. WIDES: Commissioner, we will only build the infrastructure if needed. And as you are aware, we continue to do our master planning efforts almost every other year now to make sure we're right-sizing our construction. COMMISSIONER HENNING: Right. So this won't affect the user rate? MR. WIDES: This is -- this will-- this is all contemplated in the current master plan which was the basis for the user rates and the impact fees, okay. And, again, we have -- over the next four years, we have another $200 million of revenue bonds to -- that are out there in the waiting. So what it may mean is if things slow down or we change our direction somewhat, we'll slow those future revenue bonds down or make them smaller. COMMISSIONER HENNING: Okay. Thank you. MR. WIDES: You're welcome. CHAIRMAN COLETTA: Okay. Well, we have a motion to Page 213 February 13, 2007 approve by Commissioner Coyle, a second by Commissioner Fiala. Any other comments? (No response.) CHAIRMAN COLETTA: Seeing 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. Thank you. MR. WIDES: Thank you. Item #11 PUBLIC COMMENTS ON GENERAL TOPICS MR. MUDD: Commissioner, this brings us to paragraph 11, public comments on general topics. Ms. Filson? MS. FILSON: I have one speaker, Frank Donohue. MR. DONOHUE: Good afternoon. My name is Frank Donohue. I'm here representing the Marine Industries Association of Collier County today. We're handing out a handout about some of the topics we'd like to speak about. But before I get into that, I would like to compliment the Board of County Commissioners for their decision this morning on investigating purchasing property for public water access in Everglades City. Page 214 February 13, 2007 I've sat on the Parks and Recreation Advisory Board for six years now, and one of our mandates sent from this board, to continue to find water access, and I hope our investigation proves positive. F or my topic that I'd like to speak about for a moment, for the last two years the Marine Industries Association of Collier County and the Board of County Commissioners and some private individuals have been in litigation with the City of Naples over speed limit changes that the City of Naples wants to do on Naples Bay. We have opposed their changes, and we oppose their changes all the way to the Fish and Wildlife Commission. We -- based on a decision by Fish and Wildlife Commission to approve their changes, we filed suit and we received a favorable judgment, a 63-page judgment from an administrative law judge that showed several things. It showed that the city's case was entirely without merit, it showed without a doubt that the Collier County Commissioners have concurrent jurisdiction on Naples Bay, and we have felt -- and they ruled completely in favor of the Board of County Commissioners and the Marine Industries Association in this matter, that they're just -- they had no justification to continue their efforts to get new sign markers. So at the recent FWC meeting, which Commissioner Henning attended, our own counsel attended, and the county attorney attended, the FWC has thrown the decision back to their staff, which have already ruled in favor of the city. So we felt the next step is what we were going to request here today, and I will read from our handout. This request is being made to protect the rights of all boaters in Collier County when using boats on Naples Bay. I move that the Board of County Commissioners direct the county attorney to investigate the potential under the county's concurrent jurisdiction to regulate Naples Bay to adopt 30 mile per hour speed zones throughout Naples Bay where they're presently in force, and to apply for waterway marker permits from the Florida Fish Page 215 February 13,2007 and Wildlife Conservation Commission marking such speed limits throughout Naples Bay. And we're basing that on our recent decision from the administrative law judge that the city is appealing. And that's what I have. Any questions? COMMISSIONER HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes. I understand the problems that we have in regards to boaters needing to have access to Naples Bay. I also have some concerns that I, being a boater myself for 40 years, back since 1966 -- I have some concerns in regards to the boaters being educated in regards to taking care of personal property for people that live along those waterways, whether it be in Port Royal or whether it be in Royal Harbor in regards to what wakes do. I've been in there with my little 21- foot boat on Sundays and have found that I almost got to the point of being swamped. I think what needs to be done is an education process with the owners of large water draft from 24 to 60 foot. I don't think they understand the rules of the road and their obligations, and I think when they're close by property, there's times when the wakes go over the seawalls, and I think this is really what caused the whole crux of this whole deal was that not only do people who own boats own property that -- considering their boats being property, but there's also other people that live along the waterways of Naples Bay, and I think we need to look at that as a consideration. So I'm looking for direction from you. How are you going to educate the boaters who don't need to take -- or feel that they don't need to take courses in regards to knowing the rules of the road and their obligations as far as their wakes are concerned? As I said, I had a 21- foot boat that I presently -- I don't use it that much, but when I did use it and got back into Naples Bay on Sundays or weekends, it was to the point where I was worried if my little boat, 21- foot boat, was going to get swamped. Page 216 February 13,2007 And I know there's other people in there with 14- foot aluminum boats and canoes and kayaks. So what are you as the boating industry going to do to try to educate those people? MR. DONOHUE: Well, I agree completely with what you're saying, Commissioner. I boat -- I'm one of the few people in the industry that probably boat recreationally every weekend, and I see the same situation on the bay. I've been on the bay since 1972, in the recreational boat repair business as well as running marinas on Naples Bay. You've covered a lot of territory there. First off, there is existing boating regulations, boating laws in the State of Florida that make you responsible for damage from your wake. That's irregardless of speed limits. COMMISSIONER HALAS: But the problem is, I don't think a lot of these captains realize that. MR. DONOHUE: Well, I understand that, and I'll get to that in just -- address that as I did to the city council a few weeks ago. The situation -- we're not looking to take away the speed limits on the bay. We feel that the speed limits we have on the bay presently on weekends and holidays are sufficient. The city wanted to do 24/7, which was all the way in the other direction, and they refused to sit down and do any kind of a compromise with us. There is certain areas of the bay, even on the holiday weekends and speed limit areas, that there's some areas that we need to address, and we're more than willing to sit down with the city and the county with us and work that out, if that's what we could do. I'd much rather do that than take this other tack, but I think this is where we have to go to get us to the table to get a decision reached on this finally. We've been working on this for two years. As for education for the boating, we've always maintained in the Marine Industries Association that education and enforcement is the Page 217 February 13, 2007 key here. I recently spoke to the city council on this same topic before they filed their objections. Cumulatively, we've spent in excess of $300,000 between our two organizations getting to this point. I told them for the last 25 years as one of the founding members of the Marine Industry Association, it seems all I ever do is go fight for things. I'd much rather spend my time, energy and money that we gather through fundraising on education and doing good things for boating in Collier County than going off to fight a war somewhere, so to speak. I go to Tallahassee or Washington DC to lobby, it's always for some controversial issue. I'd much rather spend much more time doing -- using our fundraising money and our efforts towards boater education, and I don't have a problem with that. I instruct the people at the marina that I run on the bay, advise people of activities on the bay, to keep boating, you know, big boats slowed down. Any knowledgeable professional captain realizes that he is responsible for his wake, both for the boatowner and himself, personally liable. Once you have a captain's license, it all changes. You're personally liable also. I don't know if I've answered all your questions, Commissioner, but I think I've done a good dent into them. But like I say, the Marine Industries Association is standing ready, willing and able to put efforts in to making this problem go away. We'd like to see safer boating at all times. CHAIRMAN COLETTA: Commissioner Halas, I'll go to Commissioner Henning then come back to you. Commissioner Henning? COMMISSIONER HENNING: Well, the state statutes and the Florida Administration Code is very clear. Placing of markers is in case of people's safety, not property safety, manatees. What I learned going up there -- and this is really a state issue. The Florida Fish and Wildlife Commission stated, well, we don't -- we Page 218 February 13,2007 don't question whether a permit application or an ordinance really deals with the Florida Administration Code. We don't -- we can't make anybody validate what's in their -- what's in their local ordinance. So it becomes very problematic through the whole State of Florida, and especially in Collier County, that local government, just through an ordinance, can say, well, we need to slow boating down here. We don't have any proof that this is really a safety issue of people or manatees, especially on people. We could just do it. And you will see throughout the whole State of Florida a deterrent for people to recreate or go fishing on the bays. And in speaking to Mr. Klatzkow and the attorney for the Marine Industries Association, it's best that we force the Florida Fish and Wildlife to take action in this case. If they cannot or will not prove that the City of Naples ordinances is valid or not, then their recommendation is just what we have here, is to adopt an ordinance for a marker replacement in Naples Bay, is because we do have jurisdiction over it. And this will force, hopefully, the Fish and Wildlife from taking a position here instead of, well, we're not going to question it. I think that we -- we should question it just like any application that comes to the Board of Commissioners. We ought to verify it. And Mr. Klatzkow, if I missed anything, please -- please assist me. MR. KLATZKOW: Commissioner, I think you said that very, very well. I would only say that we're not asking the commission to look at the ordinance. We're looking for the commission to look at the application. If the application they're making is without really foundation or substance, we're asking the commission not to grant it, not to look at the ordinance but the actual application is what we're attacking. Just to get at the heart of it -- and I'm not making any Page 219 February 13,2007 recommendation on this whatsoever. What they're asking you to do essentially would result in this, where we would have the top sign, which would be the Naples sign, and the bottom sign which would be the Collier County sign. And whether or not that's a good idea or a bad idea, I leave to you. That is what they're asking this board, in essence, to do. That would be the result. COMMISSIONER HENNING: And I'm going to make a motion that we direct the county staff to prepare an item for the Board of Commissioners to consider on a near future agenda to do so. COMMISSIONER FIALA: To do? COMMISSIONER HENNING: To file an application for a marker request in the Naples Bay; is that correct, Mr. Klatzkow? MR. KLATZKOW: That is what they are asking, Commissioner. COMMISSIONER HENNING: Right. CHAIRMAN COLETTA: Okay. I need to understand this. We are asking for a marker that would be placed below the one that says 30 to say 40? COMMISSIONER HENNING: Well, actually what you have in front of you, what they're asking -- MR. DONOHUE: Is 30 miles an hour, Commissioner. MR. KLATZKOW: It would be 30, but it would be the two SIgns. MR. DONOHUE: Yes, sir. MR. KLATZKOW: Actually this was their attorney's exhibit that he brought to the commission that their attorney prepared. COMMISSIONER HALAS: Are you saying that we're going to have one sign that says 30 mile an hour and another one that says 40 mile an hour? MR. DONOHUE: No, Commissioner. That was a typo. It was supposed to be 30. The state mandated speed limit it 30 miles an hour. MR. KLATZKOW: We would have one sign from the City of Page 220 February 13,2007 Naples saying whatever it says, and then we'd have another sign from Collier County saying whatever it says. And if they were different, they were different. If they were the same, they were the same. It would arguably result in some confusion for the boaters. COMMISSIONER HALAS: I was going to say, why don't you pick 60 mile an hour? MR. KLATZKOW: You'd have to vote for that. CHAIRMAN COLETTA: Your motion is to allow them to have -- bring it back so we can talk about the possibility of two signs? COMMISSIONER HENNING: Yeah. MR. MUDD: Commissioner, you're right, and the key here is that -- to bring it to a head because it's going to get to the point of being ridiculous where the Fish and Wildlife folks will have to make the decision on the merits of the petition versus just a carte blanche stamp, rubber stamp, without looking at -- CHAIRMAN COLETTA: Ridiculous, I understand. I second your motion. COMMISSIONER HENNING: Right. And I'm saying the application. Now, we also need to give direction before -- if we -- if Fish and Wildlife accepts our application, that's when the board should decide, and I don't think that it's wise to try to confuse people. But I think that we ought to try to force the Fish and Wildlife to consider our application. CHAIRMAN COLETTA: Okay. Commissioner Coyle, I see your light's on. COMMISSIONER COYLE: Yeah. I think the intent is to demonstrate to the state agencies that Collier County has as much right for jurisdiction over Naples Bay as anybody else. And if they are, in fact, going to approve a petition from a municipality, they should be able to approve a petition from the Collier County government, and that puts them in a position of having to make some decisions, and it's -- but what I would encourage the board to give this Page 221 February 13,2007 thought to is that I don't -- I don't believe that we want to take an outrageous position because it makes us look extreme in this case. What is the objection to leaving the posted limits unchanged in Naples Bay? MR. DONOHUE: Bill Osborne from Marine Industries. MR. OSBORNE: For the record, Bill Osborne from the Marine Industries Association. What -- in essence, Commissioner, what we're attempting to do here is to force the -- COMMISSIONER COYLE: Yeah, I understand that. MR. OSBORNE: -- FWC to recognize. In essence, what happens now is they don't even consider the merits of an application. They simply make sure the I's are dotted and the T's are crossed. The ALJ has ruled that it is the responsibility of the FWC to go further than that, that they have an obligation. COMMISSIONER COYLE: Okay. Let me tell you what's going to happen. MR. OSBORNE: Yes, sir. COMMISSIONER COYLE: We know that 30 miles per hour is probably too fast for the intersection with the channel going out to pass, okay? If you put in a -- if you have us put in a suggestion that it be 30 miles an hour for the entire length of the bay, then people are going to portray us as extremists who want to run speedboats up and down the bay without regard to life. I'm only suggesting that, that if you want to take a reasonable position which does the same thing you're wanting to do, and that is to say, to the state agencies, that we propose that the speed limits remain exactly as they are because they have not resulted in any serious injuries and they have not resulted in a lot of accidents. MR. DONOHUE: That's, in essence, what we're doing. MR. OSBORNE: That's what we're doing. MR. DONOHUE: That's what we're doing. COMMISSIONER COYLE: Okay. But you see, 30 miles an Page 222 February 13,2007 hour for the entire length of that channel -- MR. DONOHUE: The speed zones throughout Naples Bay where they are presently in force, sir. MR. OSBORNE: Where they are presently in force is what the COMMISSIONER COYLE: Well, wait a minute. That sign didn't say that. MR. DONOHUE: No, I didn't do that sign. COMMISSIONER COYLE: Okay. Well, see, that's misleading. And what I would -- MR. DONOHUE: We'd be very happy with the present speed limit system that we have. COMMISSIONER COYLE: You know, if you were to say that and require that -- MR. DONOHUE: That's what -- COMMISSIONER COYLE: That, I think, would give you the higher moral ground that you're taking a formal position, and furthermore, you've got experience that demonstrates that that speed limit has not caused a lot of accidents or injuries. MR. DONOHUE: And that's also what the administrative law judge determined. COMMISSIONER COYLE: That's right, that's right. MR. DONOHUE: That's all we're asking. Nothing more than that. COMMISSIONER COYLE: So-- MR. DONOHUE: We don't want to have some crazy huge speed limits. We want to have our speed limits at the same as they presently are, Commissioner. COMMISSIONER COYLE: Okay, okay, good. CHAIRMAN COLETTA: Fine. So-- MR. DONOHUE: We're glad to work with the county attorney to help draft the particulars in that, but it's going to have to be very Page 223 February 13, 2007 detailed. CHAIRMAN COLETTA: Commission Henning, did your motion cover this? COMMISSIONER HENNING: Yes, and -- but I also would want to say that we have the evidence through a traf -- basically a boating traffic study that shows the level of service on Naples Bay is not a problem. So I just want to say -- state that before we vote on it. CHAIRMAN COLETTA: Okay. Any other comments? (No response.) CHAIRMAN COLETTA: Hearing none -- COMMISSIONER HALAS: Well, I'm concerned -- and it's not going to have any decision on the way I vote -- but I'm concerned about what you as the boating industry is going to do about informing people -- that's not my district to start with, okay? What are you going to do as far as the boating industry in getting the message out that there may be areas -- even though it's a 30-mile-an-hour limit, but that you have to slow your boat down because you are responsible for your wake, and not everybody's a captain, okay. MR. DONOHUE: I understand that, Commissioner. We can certainly put up public service announcements. We can post large memos in all the dealerships around the entire county. The Naples Daily News is very, very supportive of our position and has offered us spaces in their Nautically Speaking. We can put full-page, literally, editorials and discussions on what's going to happen on Naples Bay and cautioning people to watch their wakes and slow down, so it can get out to the public. COMMISSIONER HALAS: The other thing is property owners. There's some property owners that are very close to the channels, and they always like -- would like to have the boaters slow down, and there's always signs that says no wake zone, but people are blowing by those, and that's not fair. That's what's caused this whole problem. Page 224 February 13,2007 So I guess there's a responsibility of the people who own boats to make sure that they -- when you're on the water, that's your neighbor, and you have to make sure that you take care of your neighbor also. CHAIRMAN COLETTA: Yeah, I want-- MR. DONOHUE: It's common courtesy on the water. CHAIRMAN COLETTA: Let's stay with the motion that we have in front of us. Each commissioner can speak one more time. You just had yours. We're going to Commissioner Coyle, then Commissioner Henning, and then -- COMMISSIONER HENNING: No, I'm done. CHAIRMAN COLETTA: Okay. COMMISSIONER COYLE: I'm just about done. I think the best educational program is the enforcement program, and you've got to get both the Collier County Marine Patrol and the city's marine patrol, and they've got to start -- they can cite people for unsafe operation of boats. MR. DONOHUE: That's right. COMMISSIONER COYLE: And if they see a big boat -- MR. DONOHUE: Reckless endangerment. COMMISSIONER COYLE: -- passing a small boat -- that's exactly right. So they can cite them for unsafe operation, and that's where we need to focus the effort. And if we get the county government and the city government together and we get Marine Industries people encouraging the law enforcement people to enforce the law, you'll find that this problem will take care of itself, and so that's really all I have to say. CHAIRMAN COLETTA: Thank you. And with that, I'm going to call the motion, Commissioner Henning's motion, my second. You -- Jeff, is there something that you have to add to this? MR. KLATZKOW: No. CHAIRMAN COLETTA: Okay. All those in favor, indicate by Page 225 February 13,2007 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. I believe that brings us to -- MR. DONOHUE: Thank you very much, Commissioners, for your insight in this. CHAIRMAN COLETTA: -- comments. MR. DONOHUE: And your support, thank you. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. MUDD: Staff and commission general information. CHAIRMAN COLETTA: That's correct. Let's start with Mr. Weigel. MR. WEIGEL: Thank you. I noted in the information that came through today, Mr. Chairman, that there was a request from Congressman Connie Mack to meet with the board this next Thursday, February 22nd, requesting a time from 2:30 to 3:30. I do not know if this board, you know, wishes at this point to indicate that they wish to go forward at that point, but if you were to meet with him, it would be a meeting that's noticed pursuant to the sunshine law, and I think Ms. Filson has checked into the accommodations for where you may wish to meet. Possibly this room. COMMISSIONER HENNING: Right here. Page 226 February 13,2007 CHAIRMAN COLETTA: I think that time was changed, if I'm not mistaken, just recently. I was in on a break and -- MR. WEIGEL: Okay. CHAIRMAN COLETTA: -- it was indicated they moved the time I think it was 3:30 or 3:00. MR. WEIGEL: Well, okay. I had 2:30 to 3:30 on February 22nd based on a one oh seven -- MS. FILSON: They moved it in here and they're going to set it up as a workshop. I didn't think they moved the time. CHAIRMAN COLETTA: Well, I just picked it up from Nancy when I was in there and she was working on my calendar. MR. WEIGEL: Okay. CHAIRMAN COLETTA: You might want to just check that out. Whatever the correct time is, I'm sure we're going to find out. We have every intention of being here. MR. WEIGEL: Okay. CHAIRMAN COLETTA: And we have to observe the fact that sunshine's going to be a place because you can't duly advertise it in time; is that what you're saying? MR. WEIGEL: No, no, we can. We can notice it. It doesn't require legal advertisement. But we'll just -- at your desire, we'll be sure that it's noticed appropriately and we'll know from this point forward to do it so we can take care of that tomorrow. And other than that, Mr. Pettit does have something to bring to your attention, if I may. MR. PETTIT: Good evening, Commissioners. Mike Pettit, for the record. What I've passed out to you is a letter from John Vega who represents the Husseys. I think some or all of you are aware that they have filed a Bert Harris Act claim against the county. And we have been negotiating with them for quite some time now about the potential for some sort of settlement that would benefit the Page 227 February 13,2007 taxpayers and the county and resolve that claim, and we continue to negotiate. But at one point in December I received this letter where one of the attorneys for the Husseys proposed, Mr. Vega, that we simply just buy the property. And I have sat with the county manager and also Mr. DeLony and Mr. Feder and Mr. Schmitt -- and Mr. Feder and Mr. DeLony may have some things that would be advantageous to the taxpayers if we ever can come to a settlement on this matter, that they could acquire, but the reality is -- I believe Mr. Mudd will nod his head -- if you look on the second page of the letter, separate and apart from the issue of the value of any TDRs that either the Husseys would strip in advance of a transfer of the prop -- to the county or that we would have to pay for and then sell ourselves, you see numbers of 90 million to $120 million for the mining rights. I think that we are in a position where we would not recommend going further with this type of a resolution, and I've so advised the Husseys' attorney, but I wanted you to be aware of it, and that's why I pass out this letter, and I'm also going to provide a copy to the court reporter and answer any questions you have. What I will add is, settlement negotiations along a different line are ongoing. At some point I hope to come back to you with some sort of proposal to resolve that claim. CHAIRMAN COLETTA: Okay. Thank you. Mr. Mudd? MR. MUDD: Commissioners, my reply to Mr. Pettit was, no deal, too expensive, and oh, by the way, the mining rights aren't guaranteed, okay, and you still have to go through that particular issue. Why would they want to sell the mining rights if they could get the mining rights? Because they could make a lot more on it than we could. So that's the whole gist of the sending area dispute that's there. That's something that you need to decide as it comes forward to you, as it will, you know, during the GMP amendment cycle, but the Page 228 February 13, 2007 price tag was way more than you could afford without a referendum by the voters, and it just smacks right up against -- we're pretty close to our budget limit of 13 percent. Last time I looked we were about 11.5. You don't have too far to go, and what you've got on the plate to get done with the EOC and some other things, and Gawn Fishin, you're going to be butting right up against it. To try to -- to try to scrape together another 90- to 120 million dollars, it was a bridge too far. Now, my other comments that -- he brought that one up, and that's better than the nod, I think, Mike. The other -- I passed to each board member yesterday a draft, two letters. I asked you -- I didn't mean to try to catch anybody by surprise. But I asked you if you would read those over night -- because I would discuss those particular letters. And let's do what I believe is the easiest one first, and that is the letter -- and I'm recommending that the chairman sign this letter to Representative Richter. He has a bill right now, House Bill 389 that he has filed to basically get at truth in millage and expand the columns on the tax bill that basically talks about millage rate last year, millage rate this year, and millage rate ifno budget changes are made so that the taxpayers can understand that. Part of F AC's position this year was to support revising the truth in millage process to allow the expenditures of constitutional officers to be individually stated and provide better information during the TRIM process on functional expenditures. I took the liberty to include this in this bill because the board had, in a future (sic) action, had asked -- and I believe, Commissioner Fiala, at the time, you were the chair -- to meet with the tax collector to see if he could include that information on the tax bill for constitutional officers a couple of years ago, and at that time he wasn't willing to do that. He couldn't, by law, change the tax bill in order to do that. Page 229 February 13, 2007 So my recommendation to the board is we send a letter to Representative Richter who's got a house bill already that talks about truth in millage and ask him if he would include the F AC-supported position of including the constitutional officers and their part of the tax bill -- part of the millage on the tax bill. COMMISSIONER FIALA: Do you need anything more than nods? MR. MUDD: I need at least three nods for the chair to sign that. CHAIRMAN COLETTA: Okay. MR. MUDD: Were there any changes to the letter that anybody wanted to edit -- COMMISSIONER FIALA: No. CHAIRMAN COLETTA: No, no, please. MR. MUDD: -- on that particular issue? COMMISSIONER COYLE: One question, if you don't mind, very briefly. Does that then cover everyone? Are all of the other governmental agencies that are taxing districts and receive taxes like mosquito control and all the others already listed? CHAIRMAN COLETTA: They're already listed. COMMISSIONER COYLE: They already are listed? CHAIRMAN COLETTA: Yeah. COMMISSIONER COYLE: So the only ones that are not listed are the constitutionals and the court system? MR. MUDD: The court -- the court system is under Article V per se, okay. COMMISSIONER COYLE: Yes, okay. MR. MUDD: And the rest of -- and the rest of the cuts are basically fee based, and -- COMMISSIONER COYLE: That's right, okay. MR. MUDD: -- they're millage neutral for you. COMMISSIONER COYLE: Okay, good. Thank you. MR. MUDD: Okay. And I've got direction to take the draft of Page 230 February 13,2007 this letter and get it up for the chair's signature. The next item, I presented a draft, and it was probably a little bit more debatable, and it had to do with an article that was in the paper that -- where a Senator Bennett -- and I'll be specific -- basically called the board a bunch of aristocrats, and in one particular case called one of our commissioners an idiot. This letter is to the -- Senator Pruitt who is the president of the Senate at this time that basically talks about an apology and talks about the county's position as far as what you've been told by your citizens, 85 percent at least. It talks about having growth and the infrastructure in place at the time that you approve development. I provided that particular letter, a sample, a draft, to you, and I'd like to get your comments. Do we go forward with this or do we just let it die? CHAIRMAN COLETTA: I have no problems with it the way it's written. Might be a little lengthy. Commissioner Henning, then Commissioner Coyle. COMMISSIONER HENNING: Yeah. I'm sure we'll get a response from the Senate president, a very kind response of, pretty much, go pound sand, my feelings. You were asking the Senate president to censor somebody who, that's the way he is, that's the way he talks. You know, it's really up to the elected officials up in Sarasota to make any changes. But let me tell you, this senator, Senator Bennett, is running for Senate president in the future. Now, do we want this board or future boards to have a further degradation with a senator that may become Senate president? Personally I don't want to. You know, it is what it is. You know, I'm a big guy. If I'm an aristocrat in some person's eye, then that's what I am, but I don't think it is by the majority of the voters of Collier County, and I think that's what really is important. I would hope that we would not send a letter to the Senate Page 231 February 13, 2007 president making him aware, I'm sure, of what he's already aware of. CHAIRMAN COLETTA: I'd like to briefly comment on that. There was a gentleman in the House of Representative called Ralph Azar. COMMISSIONER HENNING: But that was a different issue. I think he threatened somebody. CHAIRMAN COLETTA: He did a lot of things. COMMISSIONER HENNING: Yeah, I mean -- well, he -- over the last few years, Representative Arza ( sic) said a lot of things publicly, like Senator Bennett. What he did over the phone, I believe he threatened somebody's life, and that's a different situation. CHAIRMAN COLETTA: It still is. But I mean, still, we have a person that should be responsible enough to stand up to his actions. And you're entitled to your opinion, Commissioner Henning. COMMISSIONER HENNING: Thank you. CHAIRMAN COLETTA: And you're right, this guy possibly could become the Senate president. If we say nothing, it's for sure he's going to become the Senate president. I don't know what effect this letter will have on it, but the truth of the matter is, he defamed us, and he did it with -- and he did it many times in the past. Now, I don't know how my fellow commissioners feel about this. Commissioner Coyle, I see your light's on. COMMISSIONER COYLE: Yeah. And I don't -- I don't take this issue personally. I'm taking -- I'm thinking more strategically. There's one thing we know. Senator Bennett will never, ever, support Collier County or any other county when it comes to grant -- management of growth. He will never do that. He is totally and completely under the control of special interests. He will tell you -- everyone that. He make no excuses. He does not like county government. He thinks he should be making all of the decisions up there, and if he becomes Senate president, he will continue to do that. Page 232 February 13, 2007 If we have a chance to make people aware of his extreme behavior and positions, I think we should take that chance and make sure they are aware of that, and maybe he won't become Senate president if enough of these issues arise. But if nobody talks about it, if nobody calls him on his conduct, you can be assured that nothing will be done. At least there is a chance. Are we going to make a friend of him? No. It will never happen. Whether we send a letter or not, it won't affect it at all. But I would like to make sure that a copy goes to Governor Crist. I think anyone who has any respect for the power of local voters should know that there are senators and representatives in Tallahassee -- and Bennett is not the only one -- who is trying to subvert the local interest of our voters and taxpayers, and everybody needs to know that because that's dangerous. Soon we're going to be almost powerless at the local level to do anything because of people like Bennett. And I think we have to make people aware that there are people like Bennett in the legislature. And if we don't do that, they're never going to know it. CHAIRMAN COLETTA: Then I'll second your motion. COMMISSIONER COYLE: Oh, I thought it was your motion, but that's all right. CHAIRMAN COLETTA: I didn't make it yet. COMMISSIONER COYLE: You didn't make a motion? CHAIRMAN COLETTA: No, but you sound like you just did. COMMISSIONER COYLE: All right. Whatever. CHAIRMAN COLETTA: And I second it. COMMISSIONER COYLE: Okay. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. I wanted to know if -- what would we do with our own legislators up there? The last time around when this first started hitting, they all supported his efforts, and in fact, one of our legislators who co-signed the bill said to us as we were Page 233 February 13,2007 all up there, well, I never even read it. I just owed him a favor. Well, now what all is -- what are these things going to do -- if we send this, are we going to alienate our own people, or do you think that they've wised up to the fact that he's not a friend to Collier County? COMMISSIONER COYLE: No. And I don't think we even ought to confuse that issue. COMMISSIONER FIALA: Okay. COMMISSIONER COYLE: They are going to do whatever they're going to do with or without this letter. Everything in Tallahassee is determined. COMMISSIONER FIALA: That's true. COMMISSIONER COYLE: Okay? It's already determined. The relationships have been forged. People are going to vote the way that they feel they need to vote to keep their chairmanship of their committee or to cultivate some votes of their own for things they want. It won't make any difference what we do. And they've pretty much told us that last time because we went up and asked them, please oppose this bill, and they completely ignored us. So it's not going to change anything. CHAIRMAN COLETTA: Okay. Commissioner Fiala. That's-- okay. Any other comments? (No response.) CHAIRMAN COLETTA: I'm going to call the motion. All those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: And let the record show there was 4-1. Commissioner Henning was the dissenting vote. Page 234 February 13, 2007 And with that, do you have anything else, Mr. Mudd? MR. MUDD: No, sir, I don't dare. CHAIRMAN COLETTA: Okay. Let's start with you, Commissioner Coyle. COMMISSIONER COYLE: Nothing for me. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: Yes. I had something that came into my office, and I'm sure that every one of the commissioners that's sitting on the dais also had this, and it was in regards to affordable housing and the drastic decrease in prices, and I have a real concern about this. I think this just indicates the mark-up that's taking place with housing. And if you look at what came across, that all of a sudden now South Bay Plantation has housing available starting at 99,900. And they have some housing that was priced as high as 279,900 that is now on the market for 139,9-. And I think this is the type of housing that we're all -- we were all trying to work with here diligently to take care of the essential personnel problem. And I guess that just goes to show that no matter what we do as far as increasing of density and everything else, that the developers pretty much run the roost here. And then all of a sudden when the loans get called in because of the slowdown in the market, they realize that they don't have the clout that they had and then get down to more realistic pricing of affordable housing. And this -- I had some real concerns when I got this. So I just wanted to bring this up as a discussion item. CHAIRMAN COLETTA: Thank you. Any other comments on it? (No response.) CHAIRMAN COLETTA: I got the same mailing, too. I was quite amazed to see that we were so far off from the price. But whatever it is, thank God that it did, and let's hope that it holds for a Page 235 February 13, 2007 little while. COMMISSIONER HALAS: We've got to hold their feet to the fire on this. This is totally wrong. I believe that we should have a fair market price. This is a free enterprise system, but this is price gouging. CHAIRMAN COLETTA: Okay. Once again, it's a free market out there. But do you have anything else to share with us? COMMISSIONER HALAS: That's it. Thank you very much. CHAIRMAN COLETTA: Thank you. I just got one thing, and I want to make sure that you know -- you have anything go in the Daily News that you didn't say? Am I the only one in the world that's ever been -- COMMISSIONER COYLE: Oh, that's impossible. COMMISSIONER HENNING: You're the only one. CHAIRMAN COLETTA: I probably -- hate to even mention this. There was a lot of inaccuracies on the article that was in Sunday's paper. It said, leaders dispute how much failed affordable housing fee plan costs. The only one I want to share with my fellow commissioners is the part that says, commissioner -- commissioners still have the option of a reconsidered study, and Coletta said, he believes they will at some point -- it is possible it might not happen until there is changes in the make-up of the Collier County Commission, Coletta said. Coletta did not say that. Whatever Coletta said it was close to it maybe, but I never -- I can work with the commissioners that are here now. As ornery and as difficult as they are and as bone-headed as they may be, I can work with them, and I'm not looking for changes, and I want you to know I didn't say that. Other than that -- and I love you. That's it. COMMISSIONER COYLE: We don't believe you. CHAIRMAN COLETTA: That's okay. You don't have to. CHAIRMAN COLETTA: Commissioner Fiala? Page 236 February 13, 2007 COMMISSIONER FIALA: Nothing. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: I'm sorry, I have a few items. CHAIRMAN COLETTA: I'm sure. COMMISSIONER HENNING: You received a memo, the Productivity Committee is going to be working on their 2007 work plan. And is there any suggestions from the Board of Commissioners that I could pass on to the Productivity Committee on the work plan? I mean, I think it's -- since they look at the budget, I -- my opinion is, they ought to look at the budget guidance and make recommendations to the Board of Commissioners. CHAIRMAN COLETTA: Anything you can get them to do will be a plus, but there are -- they're a limited resource, and everything they get their hands on, positive results come of it. So I guess it's how much time they have. And actually, when it comes down to it, it's their right to pick and choose what they want to work with. COMMISSIONER HENNING: Oh, most definitely, most definitely. But since it's the board's advisory board -- and they had no problem with that either, asking the board. COMMISSIONER FIALA: They ask (sic). COMMISSIONER HENNING: Okay. The next thing is, in our agenda packet, there are topics of discussion, the basics of the executive summary, objective, consideration, fiscal impact, growth management, and some of them say, legal consideration. I'm not sure if you're aware of this, but the attorney's office does not write the comments in that legal consideration. It is the staff member who writes the executive summary. And I have a concern when a person is giving the board legal advice when they don't have a license to practice law. And either -- and I think it's good that we have that advice. I don't want to remove it. But I think it's prudent to say, if staff is going to write it, to have a disclosure in that paragraph that the -- that the -- I wrote this and the Page 237 February 13,2007 county attorney didn't and it's only my opinion, or direct the county attorney to give us a legal opinion on it. And I still have some other things. CHAIRMAN COLETTA: No. Before you move off that item, Commissioner Coyle has some comment. COMMISSIONER COYLE: Yeah. I'd like to support that concern, by the way. That was not my intent when I -- years back when we discussed getting legal considerations put into the executive summary. It was always my expectation that the county attorney would prepare those. And I have known for some time that that isn't happening. I'm glad you brought it up, Commissioner Henning. Furthermore, I am concerned about the sequence in which those things happen. I have the feeling that on many occasions what happens is, the staff makes a decision or recommendation on something, and then we find that the legal staff is put in the position of either publicly undermining the staffs recommendation or finding a way to support it, and I don't think that's the way things should work. I think that legal consideration should evolve before the staff makes recommendations and reaches decisions on these -- some of these issues, particularly land use issues, because sometimes they're very complex. And I would like to see a change in the way that happens. I don't know how to do it because I know that the staffs evaluation occurs over a period of time long before we ever get it. But certainly, I would like to see us give staff direction to get together with the legal department and find ways to mesh their skills and recommendations and reviews in such a way that there's mutual influence going on throughout the entire process rather than just the staff reaching a decision and then having legal staff placed in a position of either supporting it or publicly undermining it or rejecting it. CHAIRMAN COLETTA: Okay. This is a no-brainer. I think we can give direction right now to them to go ahead with it. Page 238 February 13,2007 COMMISSIONER HENNING: Yeah. Well, actually, it should be during the development of the executive summary, work with the legal -- COMMISSIONER COYLE: Maybe even further than that. Maybe even back earlier in the process. COMMISSIONER HENNING: It's possible. CHAIRMAN COLETTA: Legal notices to go out. COMMISSIONER HENNING: But there has to be more coordination with the county attorney or just tell the board, hey, that's my opinion. It's not legal advice because I don't have a -- COMMISSIONER COYLE: Yeah. COMMISSIONER HENNING: -- license to do so. COMMISSIONER COYLE: So we had three nods there, right? MR. MUDD: Let me just make sure I've got this down pat, okay. I know that Mr. Schmitt pays the County Attorney's Office for the attorneys that he has, Mr. Klatzkow, Ms. Student -- and I can't tell you if they have any more, but I bet you there's at least one paralegal that's down in Joe Schmitt's shop that basically is with him the entire way on land use decisions -- Marjorie, you can correct me if I'm wrong -- but that is exactly what happens. As far as the executive summaries and the legal statements that are done, legal considerations on the process, yeah, I can't tell you who writes that. I don't think it's the county attorney. But I will tell you, there isn't anything that comes on this agenda that he doesn't review or his department doesn't review. And if there's anything on that agenda that they don't agree with, we will pull it before it ever gets to this board. COMMISSIONER HENNING: Yeah. MR. MUDD: So I'm assuming, Commissioner Henning -- COMMISSIONER HENNING: We're going to do it differently. MR. MUDD: Yes, sir. We are? Then you need to direct your county attorney to do it differently because right now that's -- Page 239 February 13, 2007 COMMISSIONER HENNING: It was done. It was done. It was just done. CHAIRMAN COLETTA: Fine. What else, Commissioner Henning? COMMISSIONER HENNING: You boys and girls work together, make it happen. The next thing is, I met with a member -- an employee of the soil and water district, and they have a big plan for environmental restoration and stormwater storage that would benefit everybody in Collier County, and it also has to do with this Winchester Head. Their request -- and I agreed to bring it up to the Board of Commissioners. At their request, they would like to meet with the Board of Commissioners and tell the board what their plan is. And I know that they wanted to -- or Conservation Collier wanted to meet with them whether they agree with that or not. But being an elected board to an elected board, I think is important. And so, is there any problem with meeting with the -- CHAIRMAN COLETTA: Yes, there is. I think that it would be a good idea when we get to that point. I think they need to work out some of the problems with Conservation Collier, plus there is a distrust out there for what's taking place because it's nothing more than rumors that's going back and forth, the public out there, the Golden Gate Estates Civic Association, the Frangipani Civic Association, and the Corkscrew Civic Association. They're having some problems. They'd like to have some community meetings, and I don't think we should be involved in it till they get through that venting process. And when they do, I'd love to have them come in because we need -- we're going to be in the middle of a fire storm at this point in time with everybody and his brother. I think that they need to be able to handle that and then bring us in when they get to the point where they've got some public buy-in on this. That's my personal opinion. Page 240 February 13, 2007 COMMISSIONER HENNING: Okay. Well, I don't agree with it, and I apologize. CHAIRMAN COLETTA: No, that's okay. We're entitled to different opinions. COMMISSIONER HENNING: Yeah. The -- if we have a workshop with the soil and water commission district, or whatever it is, it's going to be public. CHAIRMAN COLETTA: You better believe it will be. COMMISSIONER HENNING: And what would be a good time for the public to get involved in it? Now, that would open the door just like it has to other things in your district for elected officials to get out to the public. I -- you know, I can't say there's lack of communication between that district and your associations. But I do know you have a problem, a flooding problem, in Golden Gate Estates. You have somebody that wants to assist the county to fix that problem. And I think that as a public servant to the people, that we ought to work together with other elected officials to serve the citizens in this one case. CHAIRMAN COLETTA: Yeah. And I disagree wholeheartedly. It's my district. I know the people. I know that if we tried to hold a meeting about a subj ect matter that we're totally unversed and the people haven't come together, and you've got Collier Conservation -- Conservation Collier in disarray over this particular issue, it's going to be pure bedlam. People are going to be asking for answers we can't get to. It needs to go through a growing process before it comes to the commission. That's the way I feel. I mean, if this commission so directs, then that's the way it will be, but I don't think we're ready for it. COMMISSIONER HENNING: Is there any interest in meeting with the soil and water district? COMMISSIONER COYLE: I'm anxious to meet with them. Page 241 February 13, 2007 The sequence might be something worth negotiating. But I think I would like to understand better the differences between Conservation Collier and the Soil and Water Conservation District, and it might make some sense to let them meet first. But I certainly would like to meet with the Soil and Water Conservation District. COMMISSIONER HENNING: Okay. COMMISSIONER FIALA: I agree. I think it would be good to meet with them, but first I think that they have that -- they should be meeting separately in order to come up with a plan to present to us. CHAIRMAN COLETTA: And do a little bit of public venting before they come to us. COMMISSIONER FIALA: Yeah. CHAIRMAN COLETTA: You know, what is it to hold a public meeting? Golden Gate Civic Association could schedule them in next month. COMMISSIONER FIALA: Sure. CHAIRMAN COLETTA: Shouldn't be any problem. COMMISSIONER FIALA: If they could first meet with those people, and then we could meet with them, that would be -- CHAIRMAN COLETTA: Yeah. It doesn't matter what the results of that meeting is, I'd be glad to meet with them afterwards. At least they had a chance to be able -- you know, you get better at making your presentation if you do it several times in public before you get before the commission, and then to be able to refine it, they'll be able to find out. Maybe it will be a total endorsement of the public out there and they'll come walking through the door with support of all the civic associations. That would be wonderful. That's very possible. COMMISSIONER HENNING: Well, let me do this. Let me contact the members that contacted me, ask them to go out to the civic association, and then once that is scheduled, I'll get with the county manager to see what a good date would be for -- or is it, Sue? COMMISSIONER FIALA: I think -- Page 242 February 13,2007 COMMISSIONER HENNING: -- somebody to -- for the boards -- the two boards to get together. CHAIRMAN COLETTA: Yeah. And Collier Conservation, too, to somehow make an appearance before them at their meeting. COMMISSIONER HENNING: Well-- CHAIRMAN COLETTA: What's the big deal? COMMISSIONER HENNING: -- Commissioner, you're talking about elected officials getting together with elected officials. It's a request of theirs. I'm not going to demand that they get together with Conservation Collier, because this is a bigger issue than Conservation Collier. CHAIRMAN COLETTA: Before we go to you, Commissioner Fiala, Commissioner Halas's light's been on, I believe. COMMISSIONER HALAS: I can understand where Commissioner Coletta's coming from. There's been issues in my district -- and I know all of us have had issues. And it seems to work -- the process seems to work better if groups that have an interest can work together and hash out a lot of things before it comes before the Board of County Commissioners. A lot of times issues that were major issues -- or all of a sudden a lot of those issues disappear, and I think everybody comes to a consensus. So I really think that we can allow the process where the people can work out their differences and then come before the Board of County Commissioners. CHAIRMAN COLETTA: They don't even have to work out the differences. They have to have some understanding of where it's all coming from before they come through the door. Commissioner Fiala? COMMISSIONER FIALA: Yes. It all comes down to communication. And how often things are misunderstood. Each one has a good point, but they have never discussed the points together, and I think that that's the first and most important thing, they ought to Page 243 February 13,2007 be meeting to discuss what their issues are. Many times they find that they're the same issues, they've just been presented differently, and then we should meet with them. CHAIRMAN COLETTA: Sure. And if they'd like some help in getting scheduled, I'm tight with all those civic associations, helped to form the Frangipani and the one in Corkscrew. More than happy to help get the word to them and set up an appointment. COMMISSIONER HENNING: Okay. So I will relay that to them about getting a meeting with the civic association, Golden Gate Civic Association, and then get with whoever to hopefully do a workshop. The last thing is -- MR. MUDD: But the guidance is, you will have a workshop with them as they make -- COMMISSIONER FIALA: Yes. MR. MUDD: Because, Commissioner, you're going to get with them, but they're coming to see me on Thursday, the president and the -- I've got Mr. Vanick (phonetic) and I've got Mr. Vasey coming in. They put it on my calendar. I was just looking. They're walking in the door. So you've agreed to a workshop, and I could schedule that like in Mayor June, and they'd have that opportunity. I'll ask them if that fits In. CHAIRMAN COLETTA: Right. MR. MUDD: And then -- Commissioner, in your calendar, if it's okay, please come to the meeting. COMMISSIONER HENNING: When is it? MR. MUDD: It's Thursday. COMMISSIONER HENNING: This Thursday? MR. MUDD: Yes, sir. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: Make sure you explain to them what Page 244 February 13, 2007 the direction of the commission was. MR. MUDD: I believe Commissioner Henning's probably going to help me. COMMISSIONER FIALA: Yeah. I've already met with them myself. COMMISSIONER HENNING: I'm going to do it. The thing is, the Board of Commissioners authorized the investigation of the affordable housing funds. And, in fact, Commissioner Coyle said, I want every penny accounted for. And I haven't had an update. So what's the scoop? MR. MUDD: The KPMG's finished their audit, they're writing up the report, and we're supposed to be getting it. At one time -- and Crystal, you can help me a little bit -- they were thinking about combining them, but I think we've asked them to do two separate reports and get them -- so we can report back to the board on the one that they did. MS. KINZEL: For the record, Crystal Kinzel, the Clerk's Office. I think at this point they have a draft report and they're waiting on staffs formal response. We have a draft of staffs responses, but I don't believe it's been formalized at this time, and we're just waiting on those, as I understand it. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: The audit, that was to be also carried out into the private sector. Has that been carried out also? COMMISSIONER HENNING: As Commissioner Coyle stated, I want every penny accounted for. COMMISSIONER HALAS: Okay. I think -- I think I was the one that brought that before the board. COMMISSIONER HENNING: Well, you did, but it was just his comments that I brought forward. And with that, Commissioner Coletta, thank you for chairing the meeting. You were forceful, but you keep us on target. Page 245 February 13, 2007 CHAIRMAN COLETTA: Pretty much so. We're 41 minutes late, but that's all right. No, just kidding. Thank you so much. It's been a pleasure today. We're adjourned. * * * * * Commissioner Henning 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 AN INTERIM MANAGEMENT PLAN FOR THE BROCHU PROPERTY UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM - ESTIMATED FIRST YEAR COST TO BE $20,600 WITH AN ESTIMATED ANNUAL COST OF $1.000 TO $4.500 Item #16A2 - Continued to the February 27,2007 BCC Meeting GRANT FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF VERONA WALK PHASE lB. THE ROADWAY AND DRAINAGE IMPROVEMENTS TO BE PRIV A TEL Y MAINTAINED Item #16A3 AN APPLICATION BY NAPLES URGENT CARE, P. L. FOR PARTICIPATION IN THE ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM - FOR A NEW LOCATION AT 8350 SIERRA MEADOWS BLVD., EDISON VILLAGE Page 246 February 13,2007 Item #16A4 THIS ITEM REQUIRED 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. FINAL PLAT OF CHATHAM WOODS, APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY - W/STIPULATIONS Item #16A5 THIS ITEM REQUIRED 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. FINAL PLAT OF CALDECOTT REPLAT - DEVELOPER MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO APPROVAL Item #16A6 THE BUILDING DIRECTORS ISSUANCE OF BUILDING PERMITS FOR THE REPLACEMENT OF PREVIOUSLY EXISTING POOL SCREEN ENCLOSURES DAMAGED BY HURRICANE WILMA, WITH THE UNDERSTANDING THE RESPECTIVE APPLICANTS RECOGNIZE AND AGREE TO FILING THE REQUIRED REQUESTS FOR DIMENSIONAL VARIANCES ASSOCIATED WITH THE RESPECTIVE SIDE YARD AND/OR REAR YARD ENCROACHMENTS - FOR TWO SINGLE F AMIL Y RESIDENCES LOCATED AT 2207 ROYAL LANE AND 248 EDGEMERE. WYNDEMERE PUD Page 247 February 13, 2007 Item #16A7 A BUDGET AMENDMENT TRANSFERING FUNDS FROM FUND 339 RESERVES (ROAD IMPACT FEE DISTRICT 5- IMMOKALEE) TO FUND 339 REIMBURSEMENTS (PRIOR YEAR) IN THE AMOUNT OF $100,000 - FOR IMP ACT FEES PREVIOUSLY PAID BEFORE THE SALE, TRANSFER OF REFINANCING ON THE SUBJECT PROPERTY Item #16A8 ELECTION OF A CHAIRMAN AND VICE CHAIRMAN FOR THE IMMOKALEE REDEVELOPMENT AREA ADVISORY BOARD AND THE ENTERPRISE ZONE DEVELOPMENT AGENCY FOR 2007 (A COMPANION ITEM TO ITEM 16G1)- APPOINTMENT OF FRED N. THOMAS, JR. AS CHAIRMAN AND RICHARD RICE AS VICE CHAIRMAN Item #16A9 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR VERONAWALK, PHASE 1B - W/RELEASE OF THE UTILITIES PERFORMANCE SECURITY Item #16B1 THE PURCHASE OF 2.52 ACRES OF UNIMPROVED PROPERTY (PARCEL NO. 216) WHICH IS REQUIRED FOR THE CONSTRUCTION OF A STORMW A TER RETENTION AND TREATMENT POND FOR THE OIL WELL ROAD WIDENING PROJECT. PROJECT NO. 60044 - LOCATED BETWEEN Page 248 February 13,2007 IMMOKALEE ROAD AND CAMP KEAIS ROAD Item #16B2 AWARD CONSTRUCTION CONTRACT NO. 07-4096 TO BONNESS, INC. FOR LIVINGSTON ROAD (C.R. 881) INTERSECTION IMPROVEMENTS AT PINE RIDGE ROAD, PROJECT NO. 60016, IN THE AMOUNT OF $420,587.37 - RECONSTRUCTING THE NORTHBOUND DUAL RIGHT TURN LANES BY IMPROVING CONCRETE CURB AND GUTTER, SIDEWALKS, TRAFFIC SIGNAL AND DRAINAGE IMPROVEMENTS Item #16B3 A SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL GRANT AGREEMENT NO. 4600000608 IN THE AMOUNT OF $250,000 FOR PARTIAL FUNDING OF THE 2007 AUSTRALIAN PINE TREE REMOVAL PROGRAM - THE PROJECT MUST BE COMPLETED WITHIN ONE YEAR OF EXECUTION OF THE AGREEMENT Item #16B4 AWARD BID #07-4086 SUPPLY & INSTALL TRAFFIC SIGNS AND MARKINGS TO TRUTWIN INDUSTRIES, INC. FOR THE APPROXIMATE AMOUNT OF $90,500 - FOR INSTALLATION OF END-OF-ROAD SIGNAGE FOR ALL CANAL ROAD ENDINGS IN GOLDEN GATE ESTATES Item #16B5 Page 249 -"~"--"""~ . --. -~.,.._~"...".".,.._".-"".~~.._"._"""-- "-- February 13, 2007 CHANGE ORDER #5 TO ADD $298,485.00 FOR CONTINUING INSPECTION SERVICES FOR KCCS, INC. UNDER ITQ 04-3583 CEI SERVICES FOR COLLIER COUNTY ROAD PROJECTS FOR PROJECT NO. 60006 GRADE SEPARATED OVERPASS ROAD PROJECT ON GOLDEN GATE PARKWAY AND OVER AIRPORT-PULLING ROAD Item #16B6 THE USE OF THE RATE OF $3,850 PER 1,000 SQUARE FEET BASED ON AN ALTERNATIVE ROAD IMPACT FEE CALCULATION FOR A PROPOSED AMERICAN SIGNATURE FURNITURE STORE TO BE LOCATED AT THE TRIANGLE PARCEL NORTH OF THE INTERSECTION OF U.S. 41 TAMIAMI TRAIL NORTH AND OLD U.S. 41 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16C1 - Moved to Item #10J - To remain on Consent w/changes to verbage RECOMMENDATION TO APPROVE AN AGREEMENT WITH FEBCO INC. A DIVISION OF WATTS WATER TECHNOLOGIES INC. THAT ALLOWS FEBCO TO SEEK CERTIFICATION OF THEIR BACKFLOW PREVENTION DEVICES (BPDS) OTHERWISE KNOWN AS REDUCED PRESSURE DETECTOR ASSEMBLIES (RPDAS), WHICH WERE INSTALLED DURING THE INCEPTION OF THE FIRE AND IRRIGATION WATER SYSTEM IMPROVEMENTS IN PELICAN BAY. PROJECT NUMBER 74023 Item #16C2 Page 250 February 13, 2007 CONTRACT #06-4056 DISASTER RECOVERY SERVICES TO JAMES LEE WITT ASSOCIATES, A PART OF GLOBAL OPTIONS GROUP, INC., FOR CONSULTING SERVICES REQUIRED BY THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AS A RESULT OF A DECLARED DISASTER IN COLLIER COUNTY AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE CONTRACT - FOR THE SPECIFIC HURRICANE WILMA EVENT Item # 16C3 AN AGREEMENT BETWEEN THE COLLIER COUNTY WATER-SEWER DISTRICT, THE FLORIDA GOVERNMENTAL UTILITY AUTHORITY, AND THE SEMBLER F AMIL Y PARTNERSHIP LTD., ALLOWING THE FLORIDA GOVERNMENTAL UTILITY AUTHORITY TO PROVIDE TEMPORARY WASTEWATER SERVICE TO THE PROPOSED BROOKS VILLAGE COMMERCIAL DEVELOPMENT - LOCATED ON THE SOUTHWEST CORNER OF PINE RIDGE ROAD AND COUNTY ROAD 951 Item #16C4 THE ACCEPTANCE OF FOUR SOUTH FLORIDA WATER MANAGEMENT DISTRICT AL TERNA TIVE WATER SUPPLY GRANTS IN THE TOTAL AMOUNT OF $3,009,200 FOR THE PARTIAL FUNDING FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE COUNTY'S PUBLIC WATER SUPPLY SYSTEM - TO AID IN CONSTRUCTION OF SIX AL TERNA TIVE WATER SUPPLY PROJECTS Item #16C5 Page 251 February 13, 2007 THE SOLE SOURCE PURCHASE AND CERTIFIED INSTALLATION OF REPLACEMENT PARTS FOR THE OXIDATION DITCHED AND CLARIFIERS TO SIEMENS WATER TECHNOLOGIES, IN THE ESTIMATED ANNUAL AMOUNT OF $500,000 - MATERIALS NOT AVAILABLE THROUGH AN AFTER MARKET SOURCE Item #16C6 AUTHORIZING THE CHAIRMAN TO SIGN, LETTERS TO THE CITY OF NAPLES, THE CITY OF MARCO ISLAND AND THE CITY OF EVERGLADES CITY REQUESTING THEM TO ADOPT THE MANDATORY NON-RESIDENTIAL RECYCLING ORDINANCE NO. 2004-50 OR SIMILAR ORDINANCE - TO EXTEND THE LIFE OF THE LANDFILL Item # 16C7 FUNDS PROVIDED BY SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANTS IN THE AMOUNT OF $425,847.00 AND APPROVE THE NECESSARY BUDGET AMENDMENT FOR THE RECLAIMED WATER AQUIFER STORAGE AND RECOVERY PROJECT 74030 - TO PROTECT THE PUBLIC WATER SUPPLY BY INCREASING THE AVAILABLE RECLAIMED WATER TO BE USED FOR IRRIGATION Item #16D1 RESCINDING APPROVAL OF THE INTERLOCAL AGREEMENT FOR FUND SHARING OF THE PULLING Page 252 February 13, 2007 PROPERTY PROJECT AS APPROVED BY THE BOARD OF COUNTY COMMISSIONERS ON JUNE 14, 2005 AND TO APPROVE A NEW AGREEMENT WITH THE CITY OF NAPLES FOR THE PULLING PROPERTY BOAT RAMP FACILITY IN AN AMOUNT NOT TO EXCEED $700,000 - TO ENHANCE BOAT ACCESS FOR COUNTY RESIDENTS Item #16D2 - Moved to Item #101 Item #16D3 THE PURCHASE OF RETROFIT SPORTS FIELD LIGHTING FROM MUSCO LIGHTING FOR EAGLE LAKES COMMUNITY PARK IN THE AMOUNT OF $261,543 AND APPROVE NECESSARY BUDGET AMENDMENTS - TO CREATE MINIMAL DISTURBANCE TO SURROUNDING COMMUNITIES FOR FOUR (4) LIGHTED ATHLETIC FIELDS Item #16D4 RESOLUTION 2007-32: A RESOLUTION REESTABLISHING THE COLLIER COUNTY PARKS AND RECREATION DEPARTMENT FACILITIES AND OUTDOOR AREAS LICENSE AND FEE POLICY, AND SUPERSEDING RESOLUTION 2006- 296 AND ALL OTHER RESOLUTIONS ESTABLISHING LICENSE AND FEE POLICY Item #16D5 - Withdrawn A LOAN TO THE COLLIER COUNTY HOUSING DEVELOPMENT CORPORATION (CCHDC) OF $200,000 FOR THE CONSTRUCTION OF AN AFFORDABLE HOUSING UNIT Page 253 February 13,2007 IN COPELAND USING STATE HOUSING INITIATIVE PARTNERSHIP (SHIP) FUNDS - FOR THE DEMOLITION OF AN EXISTING MOBILE HOME AND REPLACE IT WITH A HOME TO BE SOLD TO A LOW INCOME FAMILY TO REPAY THE LOAN Item #16D6 NAMING THE SKATE PARK AT EAST NAPLES COMMUNITY P ARK "VELOCITY SKATE PARK" Item #16D7 RESOLUTION 2007-33: A RESOLUTION ESTABLISHING AND IMPLEMENTING REVISED BEACH PARKING FEES AND RULES IN COMPLIANCE WITH AN AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION~ REPEALING RESOLUTION NO. 2002-430 Item #16D8 A BUDGET AMENDMENT APPROPRIATING $40,000 FROM RESERVES TO FUND THE REMEDIAL ACTION PLAN ASSESSMENT IN RESPONSE TO THE FUEL SPILL AT CAXAMBAS PARK - TO DETERMINE THE LONG TERM REMEDIATION THAT MAY BE REQUIRED FOR THE SITE Item #16D9 THE USE OF $144,305 FROM THE HOUSING AND HUMAN SERVICES DEPARTMENT TO BE USED AS A PART OF A LOCAL MATCH REQUIREMENT TO OBTAIN STATE AND Page 254 February 13, 2007 FEDERAL FUNDING TO CONTINUE OPERATION OF THE HORIZONS PRIMARY CARE CLINIC IN THE GOLDEN GATE AREA - TO INCREASE THE PROVISION OF HEALTH SERVICES FOR THE MEDICAID, UNINSURED AND UNDERINSURED PEOPLE OF THE COUNTY Item #16D10 TO AWARD BID NUMBER 07-4084 FOR POOL CHEMICALS AND SUPPLIES TO VARIOUS VENDORS. THESE CHEMICALS AND SUPPLIES WILL BE USED IN COUNTY PARK AND RECREATION DEPARTMENT AQUATIC FACILITIES- AWARDED TO ALLIED UNIVERSAL CORP., COMMERCIAL ENERGY SPECIALISTS, INC., RECREONICS, INC., AND NUC02 Item #16D11 APPLICATION AND MEMORANDUM OF UNDERSTANDING FOR A SAFE HAVENS: SUPERVISED VISITATION AND SAFE EXCHANGE GRANT IN THE AMOUNT OF $200,000 FROM THE UNITED STATES DEPARTMENT OF JUSTICE AND, IF AWARDED, TO SERVE AS THE FISCAL AGENT AND TO AUTHORIZE STAFF TO NEGOTIATE A SUB RECIPIENT AGREEMENT WITH CHILD ADVOCACY COUNCIL (D.B.A. CHILD PROTECTION TEAM) - TO EXPAND DOMESTIC VIOLENCE FAMILY ASSESSMENTS, CASE MANAGEMENT, SUPERVISED VISITATION AND MONITORED EXCHANGES FOR CHILDREN WHOSE PARENTS HAVE BEEN COURT ORDERED FOR THE SERVICES Item #16D12 Page 255 February 13,2007 AMENDMENT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE AREA AGENCY ON AGING OF SOUTHWEST FLORIDA AND APPROVE BUDGET AMENDMENTS TO REFLECT AN OVERALL DECREASE OF $21,000 IN THE OLDER AMERICANS ACT PROGRAMS - DUE TO A SURPLUS OF $24.000 Item #16E1 RESOLUTION 2007-34: A RESOLUTION EXECUTING THE DEED CERTIFICATES FOR THE SALE OF BURIAL PLOTS AT LAKE TRAFFORD MEMORIAL GARDENS CEMETERY DURING THE 2007 CALENDAR YEAR Item #16E2 THE ADDITION OF THE CLASSIFICATION DIRECTOR- OPERATIONS SUPPORT-PUD TO THE 2007 FISCAL YEAR PAY PLAN & THE REMOVAL OF THE CLASSIFICATION DIRECTOR-UTILITIES FINANCE OPERATIONS FROM THE 2007 FISCAL YEAR PAY PLAN Item # 16E3 AMENDMENTS TO THE COUNTYS CURRENT AGREEMENT WITH ICMA-RETIREMENT CORPORATION (ICMA-RC) THAT PROVIDES A DEFERRED COMPENSATION PLAN TO COUNTY EMPLOYEES - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16E4 Page 256 February 13,2007 A FOURTH AMENDMENT TO LEASE AGREEMENT WITH ARNOLD PROPERTIES, INC., FOR THE CONTINUED USE OF GARAGE/WAREHOUSE SPACE BY THE SHERIFFS OFFICE AT A TOTAL COST OF $29,192.40 - LOCATED AT 1100 COMMERCIAL BOULEVARD Item # 16E5 A LEASE AGREEMENT WITH DOMENICO AND MARIA LAGRAST A FOR TEMPORARY W AREHOUSE/ OFFICE SPACE TO BE USED BY THE SHERIFFS OFFICE AT A FIRST YEARS COST OF $84,000 - TO MOVE RADIO SHOP, MOBILE DATA AND TELEPHONE OPERATIONS, LOCATED AT 4373 MERCANTILE AVENUE Item # 16E6 APPROVAL OF BOYD BROTHERS SERVICE, INC. AS THE SOLE SOURCE PROVIDER FOR THE INSTALLATION, REPAIR AND REPLACEMENT OF AUTOMATED LOGIC SYSTEMS AND CONTROLS - TO ALLOW FOR A POTENTIAL ENERGY AND COST SAVINGS TO THE COUNTY Item #16E7 REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS TO BOARD-APPROVED CONTRACTS - FOR A PERIOD COVERING DECEMBER 18, 2006 THROUGH JANUARY 23. 2007 Item #16F1 Page 257 February 13, 2007 APPROVAL OF BUDGET AMENDMENTS - AS DETAILED IN THE EXECUTIVE SUMMARY Item # 16F2 THE SUBMITTAL OF THE ATTACHED EMERGENCY MANAGEMENT, PREPAREDNESS AND ASSISTANCE (EMPA) TRUST FUND PROJECT APPLICATION TO THE FLORIDA DEP ARTMENT OF COMMUNITY AFFAIRS IN THE AMOUNT OF $68,440 - FOR THE RADIO TOWER TRAILER SYSTEM SUPPORTING THE DEPLOYABLE MULTI-AGENCY COMMUNICATIONS AND COORDINATION SYSTEM Item #16F3 THE SUBMITTAL OF A FLORIDA EMERGENCY MEDICAL SERVICES MATCHING GRANT APPLICATION AND GRANT DISTRIBUTION FORM FOR THE STAIR CHAIR PROGRAM IN THE AMOUNT OF $69,850.24 - TO EQUIP AMUBUALNCE SWITH THESE CHAIRS TO MOVE PATIENTS/VICTIMS Item #16F4 A BUDGET AMENDMENT IN THE AMOUNT OF $40,000 FOR THE PURCHASE OF EQUIPMENT AND SUPPLIES REQUIRED FOR THE PRODUCTION OF SANDBAGS WHICH WILL BE UTILIZED BY EMERGENCY MANAGEMENT AND THE ROAD AND BRIDGE DEPARTMENT DURING FLOOD EVENTS Item #16G1 Page 258 February 13, 2007 THE BOARD OF COUNTY COMMISSIONERS SITTING AS THE COLLIER COUNTY REDEVELOPMENT AGENCY ELECTED A CHAIRMAN AND VICE CHAIRMAN FOR THE IMMOKALEE REDEVELOPMENT AREA ADVISORY BOARD AND THE ENTERPRISE ZONE DEVELOPMENT AGENCY FOR 2007 (A COMPANION ITEM TO ITEM 16A8) - RECOMMENDING FRED N. THOMAS AS CHAIRMAN AND RICHARD RICE AS VICE- CHAIRMAN Item #16G2 SITE IMPROVEMENT GRANT AGREEMENT BETWEEN THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AND A GRANT APPLICANT WITHIN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA - FOR REVITALIZING THE AREA LOCATED ON LINWOOD AVENUE Item #16G3 THE COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVAL OF CRA STAFF ATTENDANCE AT 2007 REDEVELOPMENT CONFERENCE, ICSC NORTH FLORIDA SEMINAR AND 17TH ANNUAL GROWTH MANAGEMENT SUMMIT; AUTHORIZE PAYMENT OF ATTENDEES REGISTRATION, LODGING, TRAVEL AND PER DIEM FROM THE BA YSHORE GA TEW A Y TRIANGLE TRUST FUND (FUND 187) TRAVEL BUDGET; AND DECLARE THE TRAINING RECEIVED AS SERVING A VALID PUBLIC PURPOSE - HELD MAY 30 THROUGH JUNE 1, 2007 AT THE ROSEN PLAZA HOTEL IN ORLANDO Page 259 February 13, 2007 Item #16G4 A BUDGET AMENDMENT FOR $91,400 TO INCREASE BUDGETED REVENUES AND BUDGETED EXPENSES FOR THE SALE AND PURCHASE OF AVIATION FUEL AT IMMOKALEE REGIONAL AIRPORT - DUE TO AN INCREASE IN SALES Item #16H1 - Withdrawn COMMISSIONER HALAS' REQUEST FOR REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDING THE GULF CITRUS COUNTRY GALA ON SATURDAY, MARCH 24,2007 AT THE LABELLE CIVIC CENTER IN LABELLE, FLORIDA. $60.00 TO BE PAID FROM COMMISSIONER HALAS' TRAVEL BUDGET Item #16H2 COMMISSIONER HALAS' REQUEST FOR REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED THE ECONOMIC DEVELOPMENT COUNCIL VIP BREAKFAST MEETING ON THURSDAY, FEBRUARY 8, 2007, AT THE DOUBLETREE GUEST SUITES, 12200 TAMIAMI TRAIL IN NAPLES, FLORIDA. $16.00 TO BE PAID FROM COMMISSIONER HALAS' TRAVEL BUDGET Item #16H3 COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC Page 260 February 13, 2007 PURPOSE. WILL ATTEND THE NAPLES PRESS CLUB ANNUAL SPECIAL AUTHOR LUNCHEON ON SATURDAY, FEBRUARY 24, 2007 AT THE CYPRESS WOODS GOLF AND COUNTRY CLUB; $35.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item #16H4 COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. WILL ATTEND THE 2007 WOMEN OF STYLE 10TH ANNUAL AWARDS ON THURSDAY, MARCH 1, 2007 AT THE NAPLES GRAND RESORT; $100.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item #16H5 - Withdrawn COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. WILL ATTEND THE MARCO ISLAND HISTORICAL SOCIETY SPRING APPRAISAL F AIRE GALA LIVE AND SILENT AUCTION ON SATURDAY, MARCH 3, 2007 AT THE HAMMOCK BAY GOLF AND COUNTRY CLUB, NAPLES; $75.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item #16H6 COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED THE PHYSICIANS REGIONAL MEDICAL CENTER GOOD NEWS GALA ON SATURDAY, Page 261 February 13,2007 JANUARY 27,2007 AT THE PHYSICIANS REGIONAL MEDICAL CENTER, NAPLES; $35.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item #16H7 COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. WILL ATTEND THE MARINE CORPS LEAGUE HONOR THE FREE PRESS LUNCHEON ON WEDNESDAY, MARCH 14,2007 AT THE HILTON HOTEL, NAPLES; $25.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item #16H8 COMMISSIONER COLETTA'S REQUEST FOR REIMBURSEMENT FOR PREPAYING FOR A FUNCTION SERVING A VALID PUBLIC PURPOSE. COMMISSIONER PAID IN ADVANCE TO REGISTER TO ATTEND THE URBAN LAND INSTITUTE (ULI) SOUTHWEST FLORIDA DISTRICT COUNCIL MEETING -WINTER INSTITUTE ON FEBRUARY 22, 2007 AND IS REQUESTING REIMBURSEMENT IN THE AMOUNT OF $75.00, TO BE PAID FROM HIS TRAVEL BUDGET Item #16H9 COMMISSIONER COLETTA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. COMMISSIONER PAID IN ADVANCE TO ATTEND THE EVERGLADES CITY HALL RESTORATION CELEBRATION AS A KEYNOTE SPEAKER ON Page 262 February 13,2007 JANUARY 27,2007 AND IS REQUESTING REIMBURSEMENT IN THE AMOUNT OF $20.00, TO BE PAID FROM HIS TRAVEL BUDGET Item #16H10 COMMISSIONER COLETTA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. COMMISSIONER PAID IN ADVANCE TO ATTEND SOUTHWEST FLORIDA TRANSPORTATION INITIATIVE PRE-SESSION LEGISLATION EVENT ON JANUARY 29, 2007 AND IS REQUESTING REIMBURSEMENT IN THE AMOUNT OF $35.00, TO BE PAID FROM HIS TRAVEL BUDGET Item #16H11 COMMISSIONER COLETTA'S REQUEST FOR REIMBURSEMENT FOR PREPAYING TO ATTEND A FUNCTION SERVING A VALID PUBLIC PURPOSE. COMMISSIONER PAID IN ADVANCE TO ATTEND THE NAPLES CHAMBER OF COMMERCE BOARD MEETING ON JANUARY 25, 2007 AND IS REQUESTING REIMBURSEMENT IN THE AMOUNT OF $3.00, TO BE PAID FROM HIS TRAVEL BUDGET Item #16H12 COMMISSIONER COLETTA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. COMMISSIONER PAID IN ADVANCE TO ATTEND THE HERITAGE BAY AFFORDABLE Page 263 February 13, 2007 HOUSING GROUND BREAKING CEREMONY AND LUNCHEON ON JANUARY 19,2007 AND IS REQUESTING REIMBURSEMENT IN THE AMOUNT OF $16.00, TO BE PAID FROM HIS TRAVEL BUDGET Item #16H13 COMMISSIONER COLETTA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. COMMISSIONER PAID IN ADVANCE TO ATTEND THE BREAKFAST MEETING OF THE BOY SCOUTS OF AMERICA - ALLIGATOR (COLLIER COUNTY) DISTRICT COMMITTEE AND IS REQUESTING REIMBURSEMENT IN THE AMOUNT OF $7.95, TO BE PAID FROM HIS TRAVEL BUDGET Item #1611 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED: The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page 264 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE February 13, 2007 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: (1) Naples Heritage Community Development District: Minutes of May 15, 2006; Agenda for May 15, 2006; Minutes of October 23, 2006; Agenda for October 23, 2006; Minutes of November 13, 2006; Agenda for November 13, 2006. (2) Port of the Islands Community Development District: Minutes of December 8,2006; Agenda for December 8,2006. (3) Quarry Community Development District: Minutes of August 14, 2006; Agenda for August 14, 2006. B. Minutes: (1) Collier County Plannina Commission: Agenda for February 1, 2007; Agenda for January 18, 2007; Minutes of December 7, 2006; Minutes of December 15, 2006 Special Session. (2) Collier County Historical and Archaeoloaical Preservation Board: Agenda for January 17, 2007; Minutes of December 20, 2006. H:\DATA\FRONT DESK - 2007\2007 Miscellaneous Correspondence\021307 mise corr.doc - - February 13, 2007 Item #16J1 DISBURSEMENTS FOR THE PERIOD OF JANUARY 06, 2007 THROUGH JANUARY 12, 2007 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD - IN THE AMOUNT OF $3.250.251.51 Item #16J2 DISBURSEMENTS FOR THE PERIOD OF JANUARY 13,2007 THROUGH JANUARY 19,2007 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD - IN THE AMOUNT OF $1.895.128.08 Item # 16J3 DISBURSEMENTS FOR THE PERIOD OF JANUARY 20, 2007 THROUGH JANUARY 26, 2007 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD - IN THE AMOUNT OF $3.987.224.62 Item #16J4 DISBURSEMENTS FOR THE PERIOD OF JANUARY 27,2007 THROUGH FEBRUARY 02, 2007 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD - IN THE AMOUNT OF $3.241.718.75 Item #16K1 A BUDGET AMENDMENT IN THE AMOUNT OF $150,000 FOR OUTSIDE COUNSEL FEES AND $40,000 FOR OTHER Page 265 February 13, 2007 CONTRACTUAL SERVICES (USED FOR EXPERTS AND CONSULTANTS) - TO PROVIDE SPECIALIZED ASSISTANCE WITH THE AFFORDABLE HOUSING ORDINANCE AND IN THE COLLIER COUNTY VS. BROCK CASE Item #16K2 A SETTLEMENT AT MEDIATION AND PRIOR TO TRIAL IN THE LAWSUIT ENTITLED JOHN S. SEGRO, JAMES W ANTONIOU AND JAMES A. ANTONIOU, JR., A MINOR V. P&K POLE PRODUCTS, ET AL., FILED IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, CASE NO. 02-2096-CA, FOR A TOTAL AMOUNT OF $125,000.00 - DUE TO AN AUTOMBILE ACCIDENT ON FERUARY 21,2001 ON AIRPORT-PULLING ROAD NEAR RADIO ROAD Item #16K3 AN AGREED ORDER FOR PAYMENT OF EXPERT FEES IN CONNECTION WITH PARCEL 140 IN THE LAWSUIT STYLED COLLIER COUNTY V. ROSA A. HERNANDEZ, ET AL., CASE NO. 05-1033-CA (CR 951, PROJECT NO. 65061) FISCAL IMPACT: $56,000.00 - FOR BUSINESS DAMAGE/CERTIFIED PUBLIC ACOUNT ANT AND ARCHITECTURAL FEES Item#17A ORDINACE 2007-23: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 93-56, AS AMENDED, THE ANIMAL CONTROL ORDINANCE; AMENDING SECTION ONE, DEFINITIONS; AMENDING SECTION FOUR TO Page 266 February 13, 2007 PROVIDE A FEE FOR MICRO-CHIPPING; AMENDING SECTION FIVE TO REVISE FEES BY RESOLUTION AND TO ESTABLISH PROCEDURES FOR MICRO-CHIPPING; AMENDING SECTION SIX, PROHIBITIONS; ADDING A NEW SECTION NINETEEN ENTITLED DANGEROUS DOGS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES~ AND PROVIDING FOR AN EFFECTIVE DATE Item #17B - Moved to Item #8D Item #17C RESOLUTION 2007-35: PETITION A VESMT-2006-AR-10036, AQUA, PELICAN ISLE YACHT CLUB TO DISCLAIM, RENOUNCE AND VACATE THE COUNTYS AND THE PUBLICS INTEREST IN A CERTAIN IRREGULAR WIDTH UTILITY EASEMENT LOCATED IN THE SOUTHEAST OF THE SOUTHEAST OF THE NORTHEAST IN SECTION 17, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. AND BEING FURTHER DESCRIBED IN EXHIBIT A Item #17D RESOLUTION 2007-36: A RESOLUTION DESIGNATING 789.4 ACRES IN THE RURAL LANDS STEWARDSHIP AREA OVERLAY DISTRICT (RLSA) AS (BCI/BCP SSA 9), APPROVING A CREDIT AGREEMENT FOR BCI/BCP SSA 9, APPROVING AN EASEMENT AGREEMENT FOR BCI/BCP SSA 9, AND ESTABLISHING THE NUMBER OF STEWARDSHIP CREDITS GENERATED BY THE DESIGNATION OF SAID STEWARDSHIP SENDING AREA IN RESPONSE TO AN Page 267 February 13, 2007 APPLICATION BY BARRON COLLIER INVESTMENTS, LTD. AND BARRON COLLIER PARTNERSHIP Item #17E ORDINANCE 2007-24: AN AMENDMENT TO COLLIER COUNTY ORDINANCE NO. 03-53, AS AMENDED (ALSO KNOWN AS THE COLLIER COUNTY ETHICS ORDINANCE), AMENDING SECTION SEVEN TO REQUIRE LOBBYISTS TO REGISTER QUARTERLY AND UPDATE THE NAMES OF THOSE ENTITIES BY WHOM THEY HAVE BEEN EMPLOYED TO LOBBY AND ALSO REQUIRING DISCLOSURE OF THE NAME OR IDENTITY OF THOSE EMPLOYING A LOBBYIST WHENEVER A LOBBYIST ENGAGES IN LOBBYING ACTIVITIES Item #17F ORDINANCE 2007-25: APPROVAL OF THE HISPANIC AFFAIRS ADVISORY BOARD'S 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 HAAB'S GOALS AND OBJECTIVES, AND PROVIDING AN EFFECTIVE DATE ******* There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:41 p.m. Page 268 February 13, 2007 BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALSIEX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL (;l~ (# JIM COLETTA, Chairman ATTEST: . ...' I,," DWIGJ:ITE;'B:R;OCK, CLERK , .;;;.-:- .... --::~~~lUU~?~~&Cc ~\4 ~ ?,t~H ",J' .u. l,~ l.~' '\ ) \Vl.'~._'" ~1 '. , These minutes approv~y the Board on -3 ) I ~lb +_, as presented ~ or as corrected . TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. Page 269