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BCC Minutes 02/27/2007 R February 27, 2007 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, February 27, 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 Tom Henning Donna Fiala Frank Halas Fred W. Coy Ie ALSO PRESENT: Jim Mudd, County Manager David Weigel, County Attorney Michael Pettit, Chief Assistant County Attorney Crystal Kinzel, Office of the Clerk of Court Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS tI~>' "- I ~,... \ . -~=- AGENDA February 27, 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, Page 1 February 27, 2007 AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 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 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. January 24,2007 - BCC/AUIR Meeting C. January 25,2007 - BCC/EAR Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS A. Proclamation honoring Veterans Transportation Program to offer appreciation and thanks to the volunteer drivers, office staff, and their families for their efforts in making the quality of life better for veterans in our community. To be accepted by Mr. Jim Elson, President, Collier County Page 2 February 27, 2007 Veterans Council. B. Proclamation designating February 2007 through April 2007 as Celebration of Children and Families Months. Multiple local and statewide non-profit organizations representing many different childrens issues are participating in the celebration, providing a holistic approach to the well-being of children, and encompassing all issues which impact Floridas children and families. To be accepted by Barbara A. Saunders Executive Director, Early Learning Coalition of Southwest Florida. C. Proclamation designating March 2007 as National Purchasing Month to celebrate the importance of the purchasing profession in general and the Collier County Purchasing Department in particular. To be accepted by Mr. Steve Carnell, Purchasing, General Services Director. 5. PRESENTATIONS A. Thanks to the continued support of the Board, the public Automatic External Defibrillation (AED) Program, here in Collier County has been a model that other communities have attempted to duplicate. Through this AED Program, thousands of citizens, not in the medical profession, have been trained in CPR and how to operate an AED if an emergency should ever arise. On Tuesday May 2,2006, at the Golden Gate Fitness Center such an emergency arose. A member of the fitness center, while using a treadmill, lost consciousness and went into cardiac arrest. A group of citizens responded accordingly and we want to thank them today. B. Contractor Presentation for South County Regional Water Treatment Plant 12 mgd. 6. PUBLIC PETITIONS A. Public petition request by Neil Spirtas to discuss the purpose of STOP! Red Light Running Coalition and request financial support. B. Public petition request by Richard Greco to discuss the Vanderbilt Beach Road Extension. Page 3 February 27, 2007 C. Public petition request by Roberto Leon to discuss property at 1071 16th Street NE and the Vanderbilt Beach Road Extension. D. Public Petition request by Greg Bello to discuss the Goodland Zoning Overlay. E. Public petition request by Mona Casey to discuss a safety refrigerant locking cap Ordinance. Item 7 and 8 to be heard no sooner than 1:00 D.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDZ-A-2006-AR- 9403 Toll Brothers, Inc., represented by Walter Fluegel, AICP, of Heidt & Associates and Richard Y ovanovich, of Goodlette, Coleman & Johnson, P.A., requesting a PUD to RPUD rezone. The approved zoning classification is currently Recreational Theme Park known as King Richards. The proposed use of the property is multi-family residential (133 multi-family units) to be known as the Princess Park Residential Planned Unit Development (RPUD). The subject property, consists of 11.3 acres, and is located on Airport-Pulling Road North, in Section 1, Township 49 South, Range 25 East, Collier County, Florida. B. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. CU-2006-AR-I 0550: Collier County Department of Facilities Management, represented by Heidi Williams, ofQ. Grady Minor & Associates, P.A., is requesting a conditional use in the Estates zoning district pursuant to Section 2.01.03. G.1.e and Section 10.08.00 of the Collier County Land Development Code to allow a Safety Service Facility that will be limited to an Emergency Medical Services for a project to be known as the EMS Station #73. The subject property, consisting of 2.23 acres, is located at 790 Logan Boulevard North, in Section 4, Township 49 South, Range 26 East, Collier County, Florida. Page 4 February 27, 2007 C. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. RZ-2005-AR-7271: Collier County Public Utilities Department, represented by Fred Reischl, AICP, of Agnoli, Barber & Brundage, Inc., requesting a rezone from the Agricultural (A) zoning district to the Public Use (P) zoning district limited to Essential Service use only. The subject property, consisting of 42.2 acres, is located at 1300 Manatee Road, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Pelican Bay Services Division Board. B. Appointment of member to the Bayshore Beautification MSTU Advisory Committee. C. Request Board to set the place and time for the Clerk, with the assistance of the County Attorneys Office, to open and count the mail ballots of the nominees to fill the vacancies on the Pelican Bay Services Division Board. D. Discussion of proper actions under Public Comment or Commissioner's comments at future Commissioner meetings. E. That the Board of County Commissioners consider adopting a resolution pertaining to the citizens of Collier County and their right to the use of any and all Collier County Facilities. 10. COUNTY MANAGER'S REPORT A. Report to the Board of County Commissioners on the blasting activities at the Jones Mine Commercial Excavation site. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) B. Recommendation to award Work Order HS-FT-3785-07-03 in the amount of $2,846,000 to Hazen and Sawyer, P.C. (H&S), for professional engineering services to expand the North County Water Reclamation Facility (NCWRF) to 30.6 million gallons per day (MGD) maximum month average daily flow (MMADF), as Project 73950. (Jim DeLony, Administrator, Public Utilities) Page 5 February 27, 2007 C. Recommendation to adopt a superseding resolution authorizing the condemnation of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the six-lane expansion of Collier Boulevard from U.S. 41 to the Golden Gate Main Canal. (Capital Improvement Element No. 86, Project No. 60001). Estimated fiscal impact: $5,000,000.00. (Norman Feder, Administrator, Transportation Services) D. Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the extension of Tree Farm Road from Davila Street to Massey Street and W oodcrest Drive from Immokalee Road to Tree Farm Road. (Project No. 60171). Estimated fiscal impact: $1,200,000.00 (Norman Feder, Administrator, Transportation Services) E. To seek Board approval of a State Infrastructure Bank Loan Agreement in the amount of $12,000,000, the amended Locally Funded Lump Sum Agreement and a resolution authorizing the Chairman to enter into and execute these agreements with the Florida Department of Transportation to be used for the I-75/Immokalee Road Interchange Loop Project. (Norman Feder, Administrator, Transportation Services) F. Approve a Budget Amendment to move excess landscape maintenance funds in the amount of$I,148,493.03 from Fund 112 to the Transit Operations Facility for Repairs and or Renovations needed at the site. (Norman Feder, Administrator, Transportation Services) G. That the Board of County Commissioners adopt policies to be used in developing the Collier County Government budget for fiscal year 2008. (Michael Smykowski, Director, Office of Management and Budget) H. Recommendation to award Work Order UC-280 in the amount of$997,252 to Mitchell and Stark Construction Company, Inc. to demolish the concrete structures and utilize the existing oxidation ditch structure as an irrigation quality water storage tank, establish eligibility for a SFWMD grant of $224,000, and to waive the work order threshold requirements under contract 04-3535 Annual Contract For Underground Utility Contracting Page 6 February 27, 2007 Services, Project 72501. (Jim DeLony, Administrator, Public Utilities) I. Recommendation to approve the award of RFP #07-4092 SAP Upgrade Project to Labyrinth Solutions, Inc (dba LSI Consulting)in the amount of $1,209,999. (Len Price, Administrator, Administrative Services) J. Recommendation to award Bid #07-4072 "Collier County Irrigation Quality Water Project" to Douglas N. Higgins, Inc. to provide the installation and hookup of new Irrigation Quality (IQ) water lines to both the irrigation system and the chiller plant cooling towers on the Main Government Complex located at 3301 Tamiami Trail East in the amount of$I,183,500. (Len Price, Administrator, Administrative Services) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) This item reQuires that ex parte disclosure be provided bv Commission Members. Should a hearinl! be held on this item~ all participants are required to be sworn in. Recommendation to approve for recording the final plat of Turnbury Preserve, approval of the standard form Construction and Maintenance Agreement and Page 7 February 27, 2007 approval of the amount of the performance security. 2) Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions. 3) This item reQuires that ex parte disclosure be provided by Commission Members. Should a hearin2 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 Britney Estates. The roadway and drainage improvements will be privately maintained. 4) This item was continued from the February 13~ 2007 BCC Meetin2. This item reQuires that ex parte disclosure be provided by Commission Members. Should a hearin2 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 Veronawalk Phase 1 B. The roadway and drainage improvements will be privately maintained. B. TRANSPORTATION SERVICES 1) Recommendation to approve the purchase of 1.14 acres of unimproved property 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: $125,610.00) 2) Recommendation to approve a Novation Agreement adding conditions and replacing a previous agreement with Countryside Master Association, Inc. for construction of a noise wall as part of the six-lane improvements to Santa Barbara Boulevard Project #62081. Estimated fiscal impact: ($0) 3) Recommendation to approve the purchase of two (2) Crew Cab Flat Bed Dump Trucks in accordance with Collier County Bid #04-3591 from Wallace International Trucks in the amount of$139,495.14. 4) Recommendation to approve the purchase of two (2) 20-CY Diesel Powered Dump Trucks in accordance with Collier County Bid #05- Page 8 February 27, 2007 3731 from Wallace International Trucks in the amount of $208,059.54. 5) Recommendation to approve a work order in the amount of $484,660 to Aquagenix for the 2007 Australian Pine Removal Project (Project Number 51501) under Contract 03-3568 Annual Contract for Countywide Exotic Vegetation Removal. This $484,660 includes a 10% contingency of $44,060. 6) Recommendation that the Board of County Commissioners approve one (1) Adopt-A-Road Program Agreement with two (2) roadway recognition signs at a total cost of $150.00. 7) Recommendation to approve a contract with Cambridge Systematics for Phase I ofRFP-06-3999 for the Toll Feasibility Study for the SS Jolley Bridge in the amount of$481,823. 8) Recommendation to approve Change Order No.2 to Contract No. 03- 3473 with HDR Engineering, Inc. - Consultant Services for Preparation of a Land Development Overlay for Bayshore/Gateway Triangle Community Redevelopment Area (CRA) District supplementing civil engineering design and surveying services in the amount of $162,560 for the Gateway Triangle Drainage Improvement Project, Project Number 51803. 9) Recommendation to approve a Developers Contribution Agreement (DCA) between SEMBLER FAMILY PARTNERSHIP #42, LTD., (The Developer) and Collier County to acquire right of way and fund roadway improvements. The Agreement is a companion item to the Hammock Park PUDA-2006-AR-l 0030, Item 17C. C. PUBLIC UTILITIES 1) Recommendation to approve the acquisition of a 60-foot by 60-foot Utility Easement near the northwest corner of3898 1st Avenue SW for a public water supply well site easement, at a total cost not to exceed $27,000, Project Number 700661. Page 9 February 27, 2007 2) Recommendation to approve the acquisition of a 50-foot by 60-foot Utility Easement near the southwest corner of 341 Weber Boulevard North for a public water supply well site easement, at a total cost not to exceed $24,500, Project Numbers 700661 and 701581. 3) Recommendation to approve the acquisition of a Utility Easement for a 50-foot by 60-foot public water supply well site near the southwest corner of 611 Weber Boulevard South, and associated pipeline and access area, at a total cost not to exceed $52,700, Project Number 700661. 4) Recommendation to award Work Order HM-FT-3785-07-04 with Hole Montes, Inc. for professional services for Modifications to Collier County Water Department Raw Water Booster Pump Station in the amount of$600,600, Project 710041 5) Recommendation to award annual contracts to selected firms for trenchless sewer system rehabilitation contracting services per bid 07- 4088, project 73050. 6) Recommendation to approve a budget amendment to transfer funds in the amount of $250,000 from the Collier County Water-Sewer District User Fee Fund (414) Reserve for Contingencies to Project 743131, Northeast Irrigation Quality Pipeline, in order to purchase 9,720 feet on 24 irrigation quality pipe from the Transportation Department in the amount of $355,725. D. PUBLIC SERVICES 1) Recommendation to approve the submittal of a 2007 ESRI Grant Program for 4-H (U.S.) Introductory-Level Grant Application to the ESRI Grant Assistance Program and National4-H GIS/GPS Technology Leadership Team for the integration of geographic information system (GIS) software in Collier County 4-H clubs and schools. 2) Recommend Approval of a $40,000 Time & Material, Not- To-Exceed Professional Services proposal from PBS&J to have Dr. David Tomasko perform a Sea Grass Study on Lower Clam Bay identifying Page 10 February 27, 2007 die-off factors, contributing relationships and outlining mitigation strategies and costs. E. ADMINISTRATIVE SERVICES 1) Recommendation to approve the sale of surplus assets from the North County Water Reclamation Facility project. 2) To obtain approval from the Board of County Commissioners to authorize a sale of Collier County surplus property on March 24, 2007. 3) Approval of an Agreement between the Board of Commissioners and AIS Risk Consultants, Inc. to provide actuarial support services to the group, Fighting Against Insurance Rates, a/k/a FAIR in an annual amount not to exceed $75,000. 4) Report and ratify Property, Casualty, Workers Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution # 2004-15 for the fourth quarter of FY 06. 5) Report and ratify Property, Casualty, Workers Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution # 2004-15 for the first quarter of FY 07. 6) Recommendation to approve a budget amendment for on-site grant training in the amount of $15,500. F. COUNTY MANAGER 1) Recommendation to authorize the removal of$570,992.54 from the Accounts Receivable Control Account and a like amount from the Allowance for Doubtful Accounts Control Account in the Emergency Medical Services Funds General Ledger for the time period of October I, 2003 through September 30, 2005. Page 11 February 27, 2007 2) Recommendation to approve an Emergency Services Memorandum of Understanding between Collier County and Moorings Presbyterian Church. 3) Approve Budget Amendments G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation for the CRA Board to approve the lease of additional office space for Bayshore Gateway Triangle CRA operations, approve new office lease with landlord, authorize the CRA Chairman to sign, and approve all necessary budget amendments 2) To approve and execute Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area. 3) Recommendation for the Community Redevelopment Agency to approve the purchase of a residential (mobile home) lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $90,000 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 3148 Van Buren Avenue 4) Recommendation for the Community Redevelopment Agency to approve an extension of Site Improvement Grant Agreement 02/2006 between the CRA and Mr. Peter Canalia due to certain construction and permitting delays. 5) Recommendation for the Community Redevelopment Agency to approve the purchase of a vacant residential (mobile home) lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $90,000 plus cost and expenses to complete Page 12 February 27, 2007 the sale of subject property; and approve any and all necessary budget amendments. Site address: 4048 Full Moon Court. 6) Recommendation for the Community Redevelopment Agency to approve the purchase of a vacant residential (mobile home) lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $90,000 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 3252 Lunar Street. 7) Recommendation for the Community Redevelopment Agency to approve the purchase of a residential (mobile home) lot and abutting vacant lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of$235,000 plus cost and expenses to complete the sale of subject properties; and approve any and all necessary budget amendments. Site address: 3008 Van Buren Avenue H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid to attend the New Hope Ministries 25th Anniversary Celebration luncheon on February 11,2006 and is requesting reimbursement in the amount of $22.00, to be paid from his travel budget. 2) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid to attend the Know your County Government Teen Citizen Program Luncheon on April 10, 2006 and is requesting reimbursement in the amount of $9.00, to be paid from his travel budget. 3) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner Page 13 February 27, 2007 paid to attend the Board of Directors of Leadership Foundations of America Board Meeting on February 22,2007 and is requesting reimbursement in the amount of $30.00, to be paid from his travel budget. 4) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the League of Women Voters Concierge Medicine in Collier County Luncheon on Monday, February 19,2007, at the Vineyards Park Community Center, Naples, FL; $15.00 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 5th Annual Women in History Luncheon on Friday, March 30, 2007 at the Naples Hilton & Towers; $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 Cleveland Club's 9th Anniversary Celebration on Wednesday, January 31, 2007 at the Naples Elks Club; $28.00 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 2007 Lincoln Day Dinner on Saturday, March 3, 2007 at the Naples Beach Hotel; $125.00 to be paid from Commissioner Fiala's 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 February 03,2007 through February 09,2007 and for submission into the Page 14 February 27, 2007 official records of the board. 2) To obtain board approval for disbursements for the period of February 10, 2007 through February 16, 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 $1 0,000 to fund the cost of supplements to the Collier County Code of Laws and Ordinances and the Collier County Land Development Code. 2) Recommendation to approve Agreed Order Awarding Expert Fees and Costs for Parcels 737R, 937R, 738R, 838, 938R, 746R and 946R in the lawsuit styled Board of County Commissioners v. Willow Run Land Trust, et aI., Case No. 05-1036-CA (South County Regional Water Treatment Plant RO Well field Expansion Project No. 70892). (Fiscal Impact $37,879.29) 3) Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of$215,000.00 for the Acquisition of Parcel 118 in the Lawsuit Styled Collier County v. David Lawrence Mental Health Center, Inc., et aI., Case No. 06-0567-CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact: $99,541.20) 4) Recommendation to approve an Agreed Order A warding Planning Fees for Parcels 131 and 132 in the lawsuit styled Collier County v. West Coast Development Corp., et aI., Case No. 06-0708-CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact $14,500.00) 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 RECOMMENDA TION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL Page 15 February 27, 2007 OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. SNR-2006-AR-I0898 Jon Ogle, representing the CRA Bayshore/Gateway Triangle, has submitted a street name change application. The request is to change the names of two streets, Francis Avenue and Pine Street, to Linwood Way. The new street, Linwood Way, would include Francis Avenue, south of Linwood A venue to the dead-end intersection with Pine Street, and Pine Street, North of Francis to Linwood Avenue, in Section 11, Township 50, Range 25, Collier County, Florida B. Recommendation to adopt an ordinance amending Collier County ordinance No. 2001-13, as amended (The Collier County Consolidated Impact Fee Ordinance) by amending article two, impact fees, section 74-202, payment and section 74-203, use of funds; amending article three, section 74-302, special requirements for road impact fees; providing for conflict and severability; providing for inclusion in code of laws and ordinances; and providing for an effective date. C. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDA-2006- AR-I0030 Sembler Family Partnership #42, L TD, represented by Bob Mulhere, ofRW A, Inc., requesting a PUD Amendment to reflect the current LDC sections which was recodified in 2004 in the Hammock Park Commerce Centre PUD Document. The subject property is 20.23 acres, and is located on the Northeast corner of the intersection ofCR 951 and Rattlesnake Hammock Road in Section 14, Township 50 South, Range 26 East, Collier County, Florida. This is a companion item to l6B9. D. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. RZ-2005-AR-7445, D. Wayne Arnold, AICP, Q. Grady Minor and Associates, P.A. requesting a rezone from the Conservation Zoning District with an Area of Critical State Concern and a Special Treatment Overlay (Con-ACSC/ ST) and the Village Page 16 February 27, 2007 Residential Zoning District with an Area of Critical State Concern and a Special Treatment Overlay (VR-ACSC/ST) Zoning District to the Village Residential Zoning District with an Area Of Critical State Concern and a Special Treatment Overlay (VR-ACSC/ST-4) Zoning District for Property Located in Section 12 and 13, Township 52 South, Range 29 East, Collier County, Florida. (Copeland) E. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2005-AR-7820 Habitat for Humanity of Collier County, represented by Laura Spurgeon, of Johnson Engineering, is requesting a rezone from the Agricultural - Mobile Home Overlay (A-MHO) zoning district to the Residential Planned Unit Development (RPUD) zoning district to consist of an affordable housing residential neighborhood of 400 single-family, zero lot line, two-family or duplex dwelling units in a project to be known as the Kaicasa RPUD. The subject property, consisting of 100 acres, is located along the north side of State Road 29, east of Village Oaks Elementary School, and is approximately 2 miles east of the intersection of State Road 29 and County Road 846. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 17 February 27, 2007 February 27, 2007 (Commissioner Coy Ie is absent from the commission meeting until indicated.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, you have a hot mike. CHAIRMAN COLETTA: Thank you, Mr. Mudd. Ladies and gentlemen, welcome. February 27th, Board of Commissioners' regular meeting. At this point in time I'm going to ask everyone to stand, and Jim Mudd, our county manager, will do the invocation. MR. MUDD: Oh, Heavenly Father, we come to you today as a community thanking you for the blessings that you have so generously provided. Today we are especially thankful of the dedicated elected officials, staff and members of the public who are here to help lead this county as it makes the important decisions that will shape our community's future. We pray that you will guide and direct the decisions made here today so that your will for our county would always be done. These things we pray in your holy name, amen. (The Pledge of Allegiance was recited in unison.) CHAIRMAN COLETTA: Mr. Mudd? Item #2A REGULAR CONSENT AND SUMMARY AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES MR. MUDD: Yes, sir. Mr. Chairman, Commissioners, agenda changes, Board of County Commissioners' meeting, February 27, 2007. Withdraw item 6B. This is a public petition request by Richard Page 2 February 27, 2007 Greco to discuss the Vanderbilt Beach Road extension. That item is being withdrawn at the petitioner's request. Next item is to move item 8B to 7 A. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's conditional use 2006-AR-1550, Collier County Department of Facilities Management, represented by Heidi Williams of Q. Grady Minor & Associates, P .A., requesting a conditional use in the Estates zoning district pursuant to section 2.0.03.G.l.e (sic), and section 10.8.0 of the Collier County Land Development Code to allow a safety service facility that will be limited to an Emergency Medical Services for a project to be known as the EMS station number 73. The subject property consists of 2.23 acres. It's located at 790 Logan Boulevard North in Section 4, Township 49 south, Range 26 east, Collier County, Florida. That item is moved at staffs request. Next item is item 9E. Remove the word whom in the first line of paragraph one and two. The last paragraph of the resolution should read, the citizens of Collier County who, and that change is made at the executive -- the BCC's executive manager, Sue Filson's, request. Next item is to continue item 10C to March 13, 2007, BCC meeting. It's a recommendation to adopt a superseding resolution authorizing the condemnation of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the six-lane expansion of Collier Boulevard from u.S. 41 to Golden Gate main canal. The capital improvement element is number 86, project number 60001. The estimated fiscal impact is $5 million. That continuance is at staffs request. And we had a legal description issue that's being resolved, and it will be back next meeting. Next item is to add an item 10K, and that's to accept $1,510,094 in general revenue funds, and one million six hundred and -- Page 3 February 27, 2007 1,633,000 -- we've got to fix that. We've got a mistake on the thing. It's $1.6 million in hazardous mitigation grant program, HMPG (sic) funds towards the construction of new Collier County Emergency Operations Center, EOC. And I'd ask Leo to go back to the executive summary, get the figure for me. And as I continue, we'll come back and correct that particular total. I'm sorry about that. Next item is to withdraw item 16C5. It's a recommendation to award annual contracts to select firms for trenchless sewer system rehabilitation contracting services per bid 07-4088, project 73050. That item is being withdrawn at staffs request. We have a bid protest. Next item is item 16C6. In the title of the executive summary, the project number should read, 743111 rather than 743131. Also, under considerations, the third sentence should read, public utilities has an opportunity to purchase 9,720 linear feet of 24-inch reclaimed pipe from transportation department for $36.59 rather than $36.00 in the executive summary per lineal foot. Also under fiscal impact, project 743111, Northeast Irrigation Quality Pipeline is to install an irrigation quality water line along Immokalee Road from Collier Boulevard to the new northeast plant. Collier County Transportation Division has excess irrigation quality pipe -- that's reclaimed water pipe. That's pantine (phonetic) purple -- that public utilities can purchase at reduced cost. However, the project budget presently does not have sufficient funding to cover the purchase of this pipe. Please see the table below. The current budget is $225,450. The budget amendment to increase that particular budget item by $250,000, which would give you a sum of $475,450. The cost of the pipe to be purchased is $355,725, which will leave a remaining sum, balance left in the project,of$119,725. The remaining balance of $119,725 remaining in the project budget after the purchase of the pipe is needed to cover additional Page 4 February 27, 2007 services, such as field surveys, field coordination and design. The next item is item 15 -- Leo, did you have a correction on that particular number? Yeah, Commissioners, so to fix that one item on that add item 10K,just before we turn the page, the correct figure is $1,639,225. We just have an extra three in there; if you'd just take that out, thank you. Brings us to our next item, which is item 16E2. In the date received column on page 3, items 202 through 209; page 4, items 301 and 302; and page 7, items 802 and 803, the date should be the 26th of January, 2007 rather than the 26th of November, 2007, and that correction is made at Commissioner Fiala's request. The next item is to move item 16E3 to 10L. It's approval of an amendment between the Board of County Commissioners and AIS Risk Consultants, Inc., to provide actuarial support services to the group fighting against insurance rates, ald/a FAIR in an annual amount not to exceed $75,000, and that item's being moved at Commissioner Fiala request. The next items, item 16G3, 16G5, 16G6 and 16G7, which will be -- 16G7 will be moved to 14A, and we'll talk about that next -- the approvals of these items is subject to receiving an appraisal that meets or exceeds the staff or independent appraisals. And I believe those appraisals came in late last night. However, 16G7 does not meet or exceed the asking price. So remove 16G7 to 14A. It's a recommendation for the Community Redevelopment Agency to approve the purchase of a residential mobile home lot and butting vacant lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA chairman to make a draw from the Bayshore Gateway Triangle CRA, Wachovia Bank line of credit in the amount of $235,000 plus costs and expenses to complete the sale of subject properties and approve any and all necessary budget Page 5 February 27, 2007 amendments. The site address is 3008 Van Buren Avenue. That item is being moved at staff s request. Next item is to withdraw item 16H4 and 16H7. Both particular events Commissioner Fiala will be -- doesn't want to claim. One she won't make, and I'm not too sure about the other. But she wants them both withdrawn. The next item is item 17 A. It should include ex parte disclosure on that particular item. And this item requires that all participants be sworn and ex parte disclosure be provided by commission members. It's SNR-2006-AR-10898, Jon Ogle, representing the CRA Bayshore Gateway Triangle, has submitted a street name change application. The request is to change the name of two streets. Francis Avenue and Pine Street to Linwood Way. Again, there needs to be ex parte disclosure on that particular item. Next item is item 17C. Under staff comments, the first par -- the first paragraph on page 5 of the executive summary should read that Naples Lakes Country Club is west, not east, of the subject site. Also under staff comments, third paragraph on page 5 of the executive summary, note that the 50,000 square feet of office space that may be converted is from the retail and office area that is being reduced to the 160,000 square feet. And that clarification was asked for by Commissioner Fiala. And you do have one time certain item today, Commissioners. No, I have one more change. CHAIRMAN COLETTA: Yes, sir. MR. MUDD: And it's not on your change sheet, but it was brought to my attention on the Habitat for Humanity item, which is 17E. And sixth line down in your -- the description of the item on 17E, where it says 400 single-family zero lot line two-family or mul -- you put in the word multifamily duplex dwelling unit. Multifamily is the missing word in that particular piece, and that was the clarification Page 6 February 27, 2007 that was asked for by the petitioner. And you do have one time certain item today, and that's 9D, and it's to discuss -- a discussion of proper actions under public comment or commissioners' comments at future commission meetings. That's all I have, sir. COMMISSIONER FIALA: What time is that again? MR. MUDD: Eleven. CHAIRMAN COLETTA: Thank you, Mr. Mudd. Now, we'll be going down and getting commissioners' disclosures on consent and summary agenda items and also any changes to the agenda. We'll start with Commissioner Henning. COMMISSIONER HENNING: Well, I do have questions on today's agenda. Has 17E been advertised correctly, being that we have a clarification on the agenda item? MR. MUDD: Commissioner, during -- in the executive summary it talks about multifamily or duplex, so it was heard with that particular thing. But for clarification, the petitioner thought it would be better just to make sure that the multifamily piece is in there so you didn't have to wait until the executive summary. CHAIRMAN COLETTA: I think we're asking the wrong person. Mr. Weigel? MR. WEIGEL: Yeah. The question is whether the advertisement is correct, that is, inclusive enough to be appropriate to go forward today. And what I would suggest is that you leave the item on at the present time. We'll check that rather quickly and get back to you so that the chair, or the board, can make any further declaration in regard to that at the present -- you know, shortly into the meeting. I just can't tell you definitively without looking at the advertisement for a few minutes here and comparing. But we can do Page 7 February 27, 2007 that pretty quickly. COMMISSIONER HENNING: Thank you. And at the time, the board may choose to pull it off the summary agenda. CHAIRMAN COLETTA: May I suggest that we pull it off until we get a determination, then we can add it back on, if we find there's no objection? MR. WEIGEL: That's fine. What I would suggest, Mr. Chairman and the board, is if you pull it off summary agenda, which is -- would appear to be the appropriate thing to do under the circumstance, after I or a member of my staff have informed the board its status on this, if it should go forward, it could be treated on the regular agenda as -- or at any earlier point in time as a summary item and dispatched with rather quickly. But you're -- Mr. Henning is correct that it would not be appropriate, of course, to leave it on the summary agenda, which will have a decision -- a vote taken by the board rather quickly here. CHAIRMAN COLETTA: Mr. Mudd, where would it go? MR. MUDD: 8D, sir. CHAIRMAN COLETTA: Okay. You want to give the full description, 8E (sic), it would be -- and it's 17 -- MR. MUDD: 17E would move to 8D, and I'll read it. This item requires that all participants be sworn and ex parte disclosure be provided by commission members. It's PUDZ-2005-AR-7820, Habitat for Humanity of Collier County represented by Laura Spurgeon of Johnson Engineering, Inc., is requesting a rezone from the agricultural mobile home overlay, A-MHO, zoning direct to the residential planned unit development, RPUD, zoning district to consist of an affordable housing residential neighborhood of 400 single-family zero lot line, two-family, or multifamily duplex dwelling units in a project to be known as the Kaicasa RPUD. The subject property consisting of 100 acres is located along the north side of State Road 29 east of Village Oaks Elementary School Page 8 February 27, 2007 and is approximately two miles east of the intersection of State Road 29 and County Road 4 -- or excuse me -- County Road 846. CHAIRMAN COLETTA: And being that that is a land use item, it will be -- come back to us at one o'clock. I'm sure by one o'clock, Mr. Weigel, you'd be able to have an answer for us? MR. WEIGEL: Oh, certainly. I though, perhaps, if you wished, we'd have an answer for you, you know, within the hour, so if you wish to try to take care of that item through the regular agenda in a summary fashion, you -- clearly by one. CHAIRMAN COLETTA: Yeah. But once again, it's now a land use item, and we deal with them after one o'clock. MR. WEIGEL: That'd be fine. CHAIRMAN COLETTA: We'll try to keep some regularity to this. Commissioner Henning, anything else? COMMISSIONER HENNING: That's it. I have no ex parte on today's -- CHAIRMAN COLETTA: Consent or summary. COMMISSIONER HENNING: -- summary agenda or consent, 16A, or any changes to today's agenda. CHAIRMAN COLETTA: Thank you, sir. Commissioner Fiala? COMMISSIONER FIALA: Yes. On the summary agenda I have spoken to the agent for 17C, which is the Hammock Park Commerce Center, but I have no other disclosures on the summary agenda -- let's see -- nor on the consent agenda. CHAIRMAN COLETTA: Okay. Commissioner Halas? COMMISSIONER HALAS: Good morning, ladies and gentlemen. On the consent agenda, I have nothing on 16Al nor do I have anything on 16A3. I do have disclosures on -- wait a minute here. CHAIRMAN COLETTA: Take your time. Page 9 February 27, 2007 COMMISSIONER HALAS: Yeah. 16A4, I don't -- I don't have any disclosures on. On 17 A, I have no disclosures on that; on 17C, I have had meetings, and I believe that's it for this point in time. Thank you very much. CHAIRMAN COLETTA: Okay. And I have nothing to change on the agenda itself, but on the summary agenda, on item 17C, I've had meetings with Bruce Anderson, Karen Bishop and Richard Y ovanovich; on 17E, I've had correspondence, and that concludes that. So at this point in time, do I hear a motion for approval of today's regular -- COMMISSIONER HALAS: So moved. COMMISSIONER HENNING: I'll second it as long as it includes the amended -- the word amended, as amended. COMMISSIONER HALAS: Okay. It's in my motion. CHAIRMAN COLETTA: Okay. We have a motion and a second for the approval of today's agenda. Any discussion? (No response.) CHAIRMAN COLETTA: All those in favor, indicate by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 4-0. Page 10 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING February 27.2007 Withdraw Item 6B: Public petition request by Richard Greco to discuss the Vanderbilt Beach Road Extension. (Petitioner's request.) Move Item 8B to 7 A: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2006-AR-10550: Collier County Department of Facilities Management, represented by Heidi Williams, of Q. Grade Minor & Associates, P.A., is requesting a conditional use in the Estates zoning district pursuant to Section 2.01.03.G.1.e and Section 10.08.00 of the Collier County Land Development Code to allow a Safety Service Facility that will be limited to an Emergency Medical Services for a project to be known as the EMS Station #73. The subject property, consisting of 2.23 acres, is located at 790 Logan Boulevard North, in Section 4, Township 49 South, Range 26 East, Collier County, Florida. (Staff's request.) Item 9E: Remove the word "whom" in the first line of paragraphs 1 and 2. The last paragraph of the Resolution should read, "The citizens of Collier County, who (remove "whom") . . .." (BCC Executive Manager Sue Filson's request.) Continue Item 10C to March 13. 2007 BCC meetina: Recommendation to adopt a superseding resolution authorizing the condemnation of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the six-lane expansion of Collier Boulevard from U.S. 41 to the Golden Gate Main Canal. (Capital Improvement Element No. 86, Project No. 60001). Estimated fiscal impact: $5,000,000.00. (Staff's request.) Add on Item 10K: Acceptance of $1,510,094 in General Revenue funds and $1,6339,225 in Hazard Mitigation Grant Program (HMGP) funds towards the construction of the new Collier County Emergency Operations Center (EOC). (Staff's request.) Withdraw Item 16C5: Recommendation to award annual contracts to selected firms for trenchless sewer system rehabilitation contracting services per bid 07-4088, project 73050. (Staff's request.) Item 16C6: In the title ofthe executive summary, the project number should read "743111" (rather than 743131). Also, under Considerations, the third sentence should read: "Public Utilities has an opportunity to purchase 9,720 linear feet (If) of 24" reclaim pipe from Transportation Department for $36.59 (rather than "$36") linear foot". Also, under Fiscal Impact, "Project 743111, Northeast Irrigation Quality Pipeline, is to install an Irrigation Quality (IQ) water line along Immokalee Road from Collier Boulevard to the new Northeast Plant. Collier County Transportation Division has excess IQ pipe that Public Utilities can purchase at reduced cost. However, the project budget presently does not have sufficient funding to cover the purchase of this pipe. Please see the table below: $225,450 + $250,000 Current Budget Budget Amendment Request $475,450 - $355,725 Cost of pipe to be purchased $119,725 Balance left in the project The remaining balance of $119,725 remaining in the project budget after the purchase ofthe pipe is needed to cover additional services such as field surveys, field coordination, and design." Item 16E2: In the Date Received column on Page 3, items 202 through 209, Page 4, items 301 and 302, and Page 7, items 802 and 803, the date should be 1/26/2007 (rather than 11/26/2007). (Commissioner Fiala's request.) Move Item 16E3 to 10L: Approval of an Agreement between the Board of Commissioners and AIS Risk Consultants, Inc. to provide actuarial support services to the group, Fighting Against Insurance Rates, aldlal FAIR in an annual amount not to exceed $75,000. (Commissioner Fiala's request.) Items 16G3, 16G5, 16G6. 16G7 (14A): The approval of these items is subjectto receiving an appraisal that meets or exceeds the staff or independent appraisal. (Staff's request.) Move 16G7 to 14A: Recommendation for the Community Redevelopment Agency to approve the purchase of a residential (mobile home) lot and abutting vacant lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $235,000 plus cost and expenses to complete the sale of subject properties; and approve any and all necessary budget amendments. Site address: 3008 Van Buren Avenue. (Staff's request.) Withdraw Item 16H4: Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the League of Women Voters Concierge Medicine in Collier County Luncheon on Monday, February 19, 2007, at the Vineyards Park Community Center, Naples, FL; $15.00 to be paid from Commissioner Fiala's travel budget. (Commissioner Fiala's request.) Withdraw Item 16H7: Commissioner Fiala requests Board approval for reimbursement for attending a function service a valid public purpose. Will attend the 2007 Lincoln Day Dinner on Saturday, March 3, 2007 at the Naples Beach Hotel; $125.00 to be paid from Commissioner Fiala's travel budget. (Commissioner Fiala's request.) Item 17A should include ex parte disclosure: "This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members." SNR-2006-AR-10898 Jon Ogle, representing the CRA Bayshore/Gateway Triangle, has submitted a street name change application. The request is to change the names of two streets, Francis Avenue and Pine Street, to Linwood Way. The new street, Linwood Way, would include Francis Avenue, south of Linwood Avenue to the dead-end intersection with Pine Street, and Pine Street, north of Francis to Linwood Avenue, in Section 11, Township 50, Range 25, Collier County, Florida. (Staff's request.) Item 17C: Under Staff Comment, the first paragraph on page 5 of the Executive Summary should read that Naples Lakes Country Club is west and not east of the subject site. Also under Staff Comments, third paragraph on page 5 of the Executive Summary, note that the fifty thousand (50,000) square feet of office space that may be converted is from the retail and office area that is being reduced to 160,000 square feet. (Staff's request.) Time Certain Items: Item 9D to be heard at 11 :00 a.m. Discussion of proper actions under Public Comment or Commissioner's comments at future Commissioner meetings. February 27, 2007 Item #2B and Item #2C MINUTES OF JANUARY 24,2007 - BCC/AUIR MEETING; JANUARY 25, 2007 - BCC/EAR MEETING - APPROVED AS PRESENTED Now for approval of the January 24th-- COMMISSIONER HENNING: You have -- the county attorney has a question. CHAIRMAN COLETTA: Yes, sir. MR. WEIGEL: Thank you, Mr. Chairman, Mr. Henning. Just to note for the record that the approval of the agenda, today's agenda, includes the board acting and sitting as the CRA board for items under 16G on the consent agenda. Those matters under 14, CRA, the board will be acting as a CRA board when it comes up at that point in the regular agenda. Thank you. CHAIRMAN COLETTA: Thank you, Mr. Weigel. Now I'm looking for an approval for today -- for the January 24th, BCC, AUIR meeting, the January 25th BCC/EAR meeting. COMMISSIONER FIALA: So moved. COMMISSIONER HALAS: So moved. CHAIRMAN COLETTA: We have a motion by Commissioner Fiala, a second by Commissioner Halas. Any discussion? (No response.) CHAIRMAN COLETTA: Hearing none, all those in favor, indicate by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: The ayes have it, 4-0. Thank you. Page 11 February 27, 2007 Service awards, Mr. Mudd? MR. MUDD: Yes, sir. CHAIRMAN COLETTA: Do we have any? I don't think we do. Probably right to proclamations. MR. MUDD: Commissioner, we have no service awards. Brings us to proclamations. Item #4A PROCLAMATION HONORING VETERANS TRANSPORTATION PROGRAM OFFERING APPRECIATION AND THANKS TO THEIR VOLUNTEERS. STAFF. AND FAMILIES -ADOPTED Proclamation 4A is a proclamation honoring Veterans Transportation Program to offer appreciation and thanks to the volunteer drivers, office staff and their families for their efforts in making the quality of life better for veterans in our community, to be accepted by Mr. Jim Elson, president, Collier County Veterans Council. COMMISSIONER HALAS: Ladies and gentlemen, it gives me great pleasure to read this proclamation. This is in regards to veterans watching out for veterans. It's a great brotherhood. And at this time I'd like to have all the people that are involved in the community here with -- that are drivers for the veterans if you'd come forward. CHAIRMAN COLETTA: Who are involved in the program. COMMISSIONER HALAS: Yeah, that are involved in this program. Please come up forward to the -- COMMISSIONER FIALA: They're streaming on in. COMMISSIONER HALAS: Whereas, the Veterans Transportation Program is a cooperative effort between Collier County Board of County Commissioners and Collier County Veterans Page 12 February 27, 2007 Council; and, Whereas, the purpose of the transportation program is to provide free transportation for Collier County veterans to VA healthcare facilities in Fort Myers, Bay Pines, Tampa and other facilities in South Florida; and, Whereas, the drivers in this program are all volunteers who donate their time and effort to see that our veterans receive needed healthcare in a timely manner; and, Whereas, the families of these volunteers also contribute to the success of this program by supporting the volunteers and the goals of the transportation program; and, Whereas, in fiscal year 2007, our volunteer drivers have to date donated 799 hours and have made 264 trip to VA medical facilities and have transported over 94 percent of all veterans who have requested the services of our transportation program. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that we offer our appreciation and thanks to the volunteer drivers, office staff and their families for their efforts in making this quality of life better for the veterans in our community. Done and ordered this 27th day of February, 2007, Board of Collier County Commissioners, Collier County, Florida, James Coletta, Chairman. And Chairman, I move that we accept this proclamation. COMMISSIONER FIALA: Second that motion. CHAIRMAN COLETTA: We have a motion by Commissioner Halas for acceptance and a second by Commissioner Fiala. Any discussion? (No response.) CHAIRMAN COLETTA: Hearing none, all those in favor, indicate by saying aye. COMMISSIONER HALAS: Aye. Page 13 February 27, 2007 CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: And the ayes have it, 4-0. Thank you very much. (Applause.) CHAIRMAN COLETTA: Let's do the photo op. COMMISSIONER FIALA: Shouldn't we get that gentleman up here, too? CHAIRMAN COLETTA: Yes, please. (Applause.) CHAIRMAN COLETTA: Thank you. Thank you for what you do. MR. PEACOCK: As you can see, I'm not an army person. Capital Elson was unable to make it this morning. My name is Don Peacock. I'm the treasurer of the veterans council, and I'm pleased to accept this proclamation on behalf of the drivers. If I may read the names of all the drivers. Many were not able to make it today. Arlie Cantrell, Duane Bordaus (phonetic), Steven Driscoll, William Hock, Roger Johnson, Richard Kline, Jr., Bill Geery, Kenneth Mabuchi, Don Milkey, Arthur Pope, Paul Seday, Herb Soren (phonetic), Ellis Swett, John Welch and James Wiley. If -- we certainly appreciate all of their efforts, and for those of you who might -- you don't have to be a veteran to participate in this program. So if you or anyone you know would like to be a volunteer driver to help our veterans, why, please contact the veterans' service officer, Peter Kraley. Once again, thank you very much, Commissioners. It's an honor to accept this award. (Applause.) Item #4B Page 14 February 27, 2007 PROCLAMATION DESIGNATING FERUARY 2007 THROUGH APRIL 2007 AS CELEBRATION OF CHILDREN AND FAMILIES MONTHS - ADOPTED MR. MUDD: Commissioner, your next proclamation is 4B. It's designating February 2007 through April 2007 as Celebration of Children and Families Month. Multiple local and statewide non-profit organizations representing many different children's issues are participating in the celebration, providing a holistic approach to the well-being of children and encompassing all issues which impact Florida's children and families. To be accepted by Barbara A. Saunders, executive director, Early Learning Coalition of Southwest Florida. Come on up. CHAIRMAN COLETTA: Please, right up front. Bring the children. There is nothing more important than children and families in this world. I mean, that's what we're all here about today and every day of our existence. And rightly so, this is the longest proclamation I've ever had to read because I don't think you could ever say enough nice things about children and family (sic). Oh, this is so beautiful. I absolutely love it when we get children here. MS. MILLER: And that's actually Barbara Saunders' substitute today. She couldn't make it. But on behalf of the Early Learning Coalition Board, my name is Sheila Miller, and these are some of my students that are citizens of Collier County that benefit, and those members of the Childcare Southwest Florida that benefit from everybody being aware of how important they are to us. CHAIRMAN COLETTA: It's absolutely wonderful to have Page 15 February 27, 2007 children on that side of the dais also. Whereas, the 12th annual -- COMMISSIONER FIALA: Also. CHAIRMAN COLETTA: Okay. Let me start over again. You're going to get me laughing, Donna, and this is going to -- this is going to take a while. Whereas, the 12th Annual Children's Week Celebration parents and children will take place in Tallahassee from March 25, 2007, to April 1, 2007, bringing thousands of parents, children, professional community leaders and concerned citizens together to share valuable knowledge and information about children issues across the state and in our capital city; and, Whereas, the purpose of Children's Week is to create a shared vision of the State of Florida's commitment to its children and family (sic) to engage a long-term process to develop and implement strategies from moving the shared faith forward and does so by encouraging Children (sic) Week activities to occur locally in all of Florida's counties to strengthen and enrich our families and our community; and, Whereas, Children's Week has teamed up with the Association of Early Learning Coalition, the Florida Department of Health Step Up Florida Program, Preventative Child Abuse Florida Winds of Change Campaign and dozens of leading statewide non-profit organizations to expand the network of community involvement and advocates on a wide arrange (sic) of children and family issues at a local level; and, Whereas, the Early Learning Coalition of Southwest Florida is one of 31 early learning coalitions in the State of Florida legislatively mandated to manage and oversee state and federal funded early education and care programs in Hendry, Glades, Collier and Lee County, so that children will have the optimal health, education and care they need to promote early learning so they can be successful in school and in life; and, Page 16 February 27, 2007 Whereas, Step Up Florida is an annual statewide health initiative developed by the Florida Department of Health to promotes the importance of daily physical activity and highlights the variety of physical activity opportunities available for all Florida residents by hosting local events throughout the month of February. Step Up Florida activities are coordinated by the local chronic disease health promotion and educational coordinators in all 67 counties; and, Whereas, in recognition of Child Abuse Prevention Month, Prevent Child Abuse in Florida in partnership with the Ounce of Prevention Fund and the Florida Department of Children and Families is launching a state public awareness and educational campaign during April of 2007 with the campaign theme, Winds of Change - Turning Choice into Change, and is symbolized by the pinwheel representing this shift or wind of change; and, Whereas, multiple local and statewide non-profit organizations representing many different children's issues are participating in the celebration of Children's Week in each county providing a holistical (sic) approach to the well-being of children and encompassing all issues which impact Florida children and families; and, Whereas, local Children's Week Celebration in the month of February through April in Collier County will include Docs for Tots; Naples Children's Education Foundation; Winter Wine Festival; Early Learning Provider Celebration and Children's Handprint Art Collection events throughout Collier County in partnership with the Collier County Health Department; Healthy Families Collier County; the Early Learning Coalition of Southwest Florida; United Way; Childcare of Southwest Florida; the Naples Children's Educational Foundation; the Naples Alliance for Children and all early learning programs, children and family (sic) in Collier County. Now, therefore, be it proclaimed by the Board of Collier County Commissioners, Collier County, Florida that February 2007 through Page 1 7 February 27, 2007 April 2007 be designated as Celebration of Children and Family (sic) Months. Done and ordered this 27th day of February, James Coletta, Chairman. And I make a motion for approval. COMMISSIONER HALAS: Second. COMMISSIONER FIALA: Second that motion. CHAIRMAN COLETTA: Motion for approval by Commissioner Coletta. COMMISSIONER FIALA: You should have seen the audience. Everybody was smiling. CHAIRMAN COLETTA: Second by Commissioner Fiala. COMMISSIONER FIALA: Everybody was loving it. CHAIRMAN COLETTA: All those in favor, indicate by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: The ayes have it, 4-0. Thank you very much. (Applause.) CHAIRMAN COLETTA: Thank you. Would you like to say a couple words? MS. MILLER: Okay. I'll make it brief. But we just appreciate the fact that Collier County has taken this proclamation to recognize children and its youngest citizens who are in great need of help from the county to make sure that they become successful, because they are our future, and we appreciate you acknowledging this. Thank you, on behalf of the Early Learning Coalition. CHAIRMAN COLETTA: Thank you. (Applause.) Page 18 February 27, 2007 Item #4C PROCLAMATION DESIGNATING MARCH 2007 AS NATIONAL PURCHASING MONTH - ADOPTED MR. MUDD: Mr. Chairman, that brings us to our next proclamation designating March 2007 as National Purchasing Month to celebrate the importance of the purchasing profession in general, and the Collier County purchasing department in particular. To be accepted by Mr. Steve Carnell, purchasing, general services director for Collier County. MR. CARNELL: Good morning, Mr. Chairman, members of the board. While a few of my best friends are coming forward here, I wanted to just tell you briefly about some things going on with Purchasing Month. First off, I want to thank the board, County Manager, and all of you who support our function and efforts day in, day out, as well as for this recognition today. This group works very hard. This isn't everybody, but it's almost everybody on the staff here. Others are running around doing other things today and couldn't be here. But this group works very hard. We save you and the people you serve several million dollars a year in cooperation with our operating departments, and just even year to date we estimate we've saved about $2 million, just since October 1 st with the different contracts we've placed and work that we've done and this group has done. We're very excited about Purchasing Month and some things that are coming forward. As I told the board in the fall and during our budget process last summer, we're going to be implementing an online bidding system in March and April. It's going to make it a lot easier for our vendors to tender bid offers to us. We're also going to be modernizing our SAP software solution Page 19 February 27, 2007 here, and there's many, many other business practices that we're in the process right now of updating to be more efficient and effective in serving you and the citizens of Collier County. We're also going to be taking part, as part of National Purchasing Month, in a presentation to the Southeast Chapter of the National Institute of Governmental Purchasing that's this week, and we'll be making an appearance with -- at the F APPO state conference, that's the Florida Association of Public Purchasing Officers in April, and we'll be conducting here at home a little open house for everybody later in the month of March to demonstrate our online bidding process on some other things we're doing. So we do appreciate your time and recognition this morning. Thank you. (Applause.) CHAIRMAN COLETTA: Thank you. COMMISSIONER HENNING: And I will go ahead and proceed reading the proclamation. Whereas, purchasing professionals playa significant role in efficient and effectiveness in both government and business; Whereas, purchasing professionals and their combined purchasing power spend billions of dollars each year and have a significant influence over the economy conditions throughout the world; and, Whereas, the purchasing -- Whereas, Collier County Purchasing Department provides an added-value service, such as contract negotiation and administration, vendor management and training; and, Whereas, Collier County Purchasing Department and the professional purchasing associations throughout the world engage in efforts during the month of March to inform the public about the important role by the purchasing professional (sic) businesses, industries and government; and, Page 20 February 27, 2007 Whereas, the importance of purchasing professionals (sic) in general is recognized in Collier County Purchasing Department in particular. Now, therefore, be it proclaimed by the Board of Commissioners of Collier County, Florida, that March be designated as National Purchasing Month. Done on this 27th day of February, 2007. Mr. Chairman, I make a motion that we move this proclamation. COMMISSIONER FIALA: Second that motion. CHAIRMAN COLETTA: Motion by Commissioner Henning and second by Commissioner Fiala. All those in favor of the motion, indicate by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: The ayes have it, 4-0. Thank you so much. (Applause.) CHAIRMAN COLETTA: Thank you so much for what you do for Collier County. Are we going to have a party with that $2 million? COMMISSIONER FIALA: It's good to see you again. CHAIRMAN COLETTA: Thank you very much. COMMISSIONER HALAS: Thank you for ajob well done. Item #5A PRESENTATION THANKING THE BOARD FOR THEIR CONTINUED SUPPORT FOR THE AUTOMATIC EXTERNAL DEFIBRILLATION (AED) PROGRAM - PRESENTED AND RECOGNIZED Page 21 February 27, 2007 MR. MUDD: Commissioner, the next item -- we're to presentations now. SA, thanks to the continued support of the board, the public Automatic External Defibrillation Program here in Collier County has been a model that other communities have attempted to duplicate. Through this AED Program, thousands of citizens not in the medical profession have been trained in CPR and how to operate an AED if an emergency should ever arise. On Tuesday, May 2, 2006, at the Golden Gate Fitness Center such an emergency arose. A member of the fitness center, while using the treadmill, lost consciousness and went into cardiac arrest. A group of citizens responded accordingly, and we want to thank them today. The Collier County Emergency Medical 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; however, at times citizens whose occupations may be far from the medical realm can make the difference in an emergency during the first few minutes prior to the arrival of the EMS department. Today we would like to honor a group of those citizens. Les? MR. WILLIAMS: Les Williams, Collier County EMS. Thank you, Mr. Mudd. Employees -- you see four groups of -- four people up here, citizens of Collier County that, as Mr. Mudd spoke of, jumped into action in May of 2006. Employees of the fitness center, Robert DeCamp and Susan Calvani, quickly recognized something was wrong, and without hesitation, jumped into action, having recently taken it upon themselves to review the training materials aided in their ability to remaining calm and form the necessary skills. Page 22 February 27,2007 As Susan went to get the AED, Robert was joined by Sherrie Baker, an off-duty dental hygienist, and Jamie Popoil, an off-duty lead mechanic for East Naples Fire Department, who were both exercising at the center. As a team these four citizens quickly began CPR, rapidly deployed the public AED and activated the EMS system. The victim was successfully resuscitated and is alive today as a direct result of their efforts. Robert, Susan, Sherrie and Jamie, we thank you for your willingness and ability to respond and congratulate you on a job superbly done. (Applause.) MR. WILLIAMS: The American Heart Association is giving this lifesaving award to these citizens and would like to say something. MS. STEWART: Hi. Good morning. I'm Louise Stewart. I'm with the American Heart Association, and I can tell you a public CPR save is like the most adrenaline pumping exhilarating experience, and congratulations to all of you. The AED program in Collier County, you should be extremely proud of that because we are outstanding in the whole State of Florida in putting AEDs in public locations and also in first responder vehicles. And the Heart Association is raising more and more money to complete that, to get an AED in every first responder's vehicle -- excuse me -- in the Collier County area. It does not eliminate the need for CPR and education in CPR. And one of the programs the Heart Association is about ready to launch is to teach every sixth grader in Collier County schools CPR so that our young citizens will learn and maybe even teach parents and inspire them to learn this process so that we can save more lives. Congratulations to all of you. Page 23 February 27, 2007 (Applause.) MR. WILLIAMS: Was the parks going to say something? BARRY WILLIAMS: Thank you. For the record, just briefly, Barry Williams, parks and rec director. I just wanted to express my gratitude to our staff and their abilities, and with the training that they've been provided, we are very fortunate to have folks on our staff who not only are conscientious about the training, but able to execute. And just on behalf of all the parks and rec., we just want to express our appreciation to those staff members, and thank you. MS. CAL V ANI: Thank you. CHAIRMAN COLETTA: Thank you. (Applause.) Item #5B PRESENTATION BY CONTRACTOR FOR THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT - PRESENTED MR. MUDD: Next presentation is 5B, and it's a contractor presentation for the South County Regional Water Treatment Plant, 12 million-gallon-a-day expansion. The contractor for the project is Poole and Kent, and I believe Mr. Phil Gramatges, your senior project manager for public utilities, will start the presentation. MR. GRAMATGES: Good morning, Mr. Chairman, Commissioners. I'm Phil Gramatges, principal project manager, public utilities engineering, and I'm here to present Mr. Patrick Carr. Mr. Carr is executive vice-president, CEO of the firm Poole and Kent, who's the general contractor for this project, the South County Regional Water Treatment Plant, 12-million-gallons a day reverse osmosis expansion. I'm pleased to introduce Mr. Carr. Page 24 February 27, 2007 MR. CARR: Good morning. I'm glad to be here because fortunately we have only good news to present to you on this project. As Phil mentioned, the project is a 12-MGD expansion to an existing plant obviously constructed by others. The project is located right off of 1-75 and Collier Boulevard, which I think is mile marker 101. So you may have been to the -- I don't know how many of you have been to the project site or not, but it is right off 1-75. The scope of the project -- it's a phased project. The main focal point is what we call phase one, which is the expansion of the plant from eight MGD to 20 MGD. It's a 12-million-gallon-per-day . expanSIon. And the second phase of the project involves electrical work, construction of additional upgrades to the lime plant. But it is a -- it is a phased project where the first phase involves the water supply upgrade. This is a site aerial photo. Again, I don't know how many have been to this site. But, again, the project is off of 1-75. The project timeline -- this may be hard for you to read, but I will -- I'll try to summarize it for you in that it is one of the most aggressive schedules that we have ever seen. If you look at the project timeline when we came into the picture, and that is the construction phase, what stands out with me is that we had just been hit with Hurricane Wilma. I came to the preconstruction meeting where I didn't have power in my house and our superintendent didn't either, and we had a meeting with Collier County and the water director, and he said, hey, we have to have water on this plant. It is critical. We need to give you an NTP. You've got to get going. And the schedule of the project had us producing water in February of this year. And from a timing standpoint, it was rough on us in that we were still recovering from the hurricane, but nonetheless, we moved Page 25 February 27, 2007 forward with it. But I will tell you that the schedule was as aggressive as anything that we've seen. The progress to date. I can be as pleased to tell you that actually the slide you're looking at has a mistake, but it's a mistake in a good way. It says that three skids are complete and operational. Actually all six skids are complete and producing water, and that was as of last night. The -- which basically completes the first phase of the project. And the second phase of the project, as I mentioned to you, are electrical and other upgrades to your line facility, and that is on schedule to be completed in August of this year. What I will tell you is that the Poole and Kent company has built more of these plants than anybody in the country. This is a state-of-the-art in water treatment, this reverse osmosis system. And this project has set a new standard in terms of the speed of the delivery of the project for an upgrade of this size. It is the quickest that we've ever seen, it's the quickest that we have done, and it's a project that we will hold out as a benchmark for how to do it right. With that said, if you have any questions, I'll be glad to -- CHAIRMAN COLETTA: Yes, Commissioner Henning, please. COMMISSIONER HENNING: Thank you. Sir, you're not an employee of the county, correct? MR. CARR: No, no. I'm a Poole and Kent employee. COMMISSIONER HENNING: Okay. Then maybe you can't answer this, but I believe that plant was just expanded upon in 2004. MR. GRAMATGES: Commissioner, Phil Gramatges again. You are correct, yes. At the end of 2004 the reverse osmosis plant was completed. That's the first part of this plant, eight MGD. COMMISSIONER HENNING: Okay. And now we're -- what is the projected capacity, years of capacity, before a new skid would have to be built or redistribution of the delivery from another plant? MR. GRAMATGES: This plant would be built out at the time that this expansion is completed in April. Page 26 February 27, 2007 COMMISSIONER HENNING: Okay. MR. GRAMATGES: I mean, in -- I'm sorry, in August. COMMISSIONER HENNING: So what do you project the capacity -- how long will that capacity last; how many years? MR. GRAMA TGES: That capacity will last roughly three to four years. Oh, I'm sorry. Go ahead. MR. MATTAUSCH: For the record, Paul Mattausch, director of the water department. When we looked at the AUIR, Commissioner, the next expansion is scheduled for the Northeast Water Treatment Plant, and that is in 2012. COMMISSIONER HENNING: 2012. MR. MATT AUSCH: Yes, sir. COMMISSIONER HENNING: 2012, okay, wow. That's not too far out. MR. MATTAUSCH: No, this is 2007. We're looking at -- we're counting them on one hand now, yes, sir. COMMISSIONER HENNING: Okay. And then we're adding the wells to service this new plant? MR. MATT AUSCH: Yes, sir. And that is currently being constructed right now, yes, sir. COMMISSIONER HENNING: Correct. Wow. Thank you. CHAIRMAN COLETTA: Thank you very much. I don't see any other questions at this time. MR. MUDD: Commissioner, that brings us to public petitions. COMMISSIONER FIALA: You know what I'd love to add? Just six short years ago as we were running for office and then finally got in, we were served with a consent order and our sewer plants were seeping and we were having so many water problems, and look at us today, we're ahead in the game and preparing for the future, and I'm really proud of you guys. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Yes. Page 27 February 27, 2007 CHAIRMAN COLETTA: I'm sorry. I thought I seen you reach for your button. We're -- go ahead, Mr. Mudd. Item #6A PUBLIC PETITION TO DISCUSS STOP! RED LIGHT RUNNING COALITION PRESENTED BY NIEL SPIRT AS - COMMISSIONER COLETTA TO WORK WITH THE COALITION AND PREP ARE A PROCLAMATION/RESOLUTION OF SUPPORT - APPROVED MR. MUDD: Commissioner, next section is public petitions. The first public petition is a petition request by Neil Spirtas to discuss the purpose of STOP, Red Light Running Coalition, and requests financial support. Mr. Spirtas. MR. SPIRT AS: Thank you. Commissioners, good morning. I think it's appropriate we follow the presentation on your AID (sic) efforts and defibrillation efforts. Congratulations on that, but we're about saving lives as well, our coalition. I'm vice-president of the Manatee Chamber of Commerce. My specific responsibilities deal with governmental affairs in small business development. I am also an officer -- actually the treasurer of the STOP Red Light Running Coalition of Florida, Inc. And with me Melissa Wandall. Melissa is the founder of the Melissa Wandall Foundation. Mark -- I'm, Mark Wandall Foundation, and she is the president of the STOP Red Light Running Coalition. What we're here to talk to you about very briefly is to secure your support in a threefold effort. One is to engage you in the effort of becoming a partner in this red light running coalition effort. We're very aware that there's been a number of your constituents concerned about it, and that's why we thought we would come down here. Page 28 February 27, 2007 Secondly, actually you have a signed proclamation that you're seeing. There's a cover letter, and then the second item in your packet is a proclamation that we have actually about 200 various organizations, businesses, units of government already signed. And we know you voiced your concern about this issue, but that's our means of getting people publicly involved. And then thirdly, the process politically of advocating this issue in Tallahassee. We've been working on this issue for some time. Actually, the coalition started in March of last year. And just a very noted history of this effort, six years ago in the Senate this issue came to the floor, and one of the -- I guess the industry representers, the manufacturers of the photo enforcement systems, the cameras, actually were asked how much money that they would get for every camera, every fine that was enforced. And they said, one dollar -- or 50 percent of every dollar; 50 cents of the dollar. There was too much of that effort at the time where industry was spending their dollars and lobbying efforts, and that's when our coalition thought, we need a unified voice in the State of Florida that's made up of citizens. Of these 200 groups that have signed the proclamation, 25 of them are units of government, 15 are law enforcement, another 15 percent are state and national groups. I will ask Melissa to say a few words to you at this point in time. She has a personal plight in this concern and has a good story that she'll share with you. MS. W ANDALL: Thank you very much for allowing us to speak today. I am Melissa Wandall, and I am with the STOP Red Light Running Coalition. And I think that pretty much by now everybody knows that we're trying to get the cameras, to be able to have the cameras up at specific deadly intersections in Florida. I think that everybody knows that nowadays everybody's pretty much running red lights. It's not one car, it's the two or the -- the second or the third car that's going through the Page 29 February 27,2007 light now. And we're trying to educate the public on these cameras, trying to let them know that this is not -- this is a safety issue, that these cameras do not take pictures until after the back tires are above that white line. That means you have to blatantly be running a red light, not a yellow light. And we're also trying to bust the myth that these are money makers. The Mark Wandall Safety Act is actually -- would do just that, it would allow for camera enforcement systems to be put up in Florida. Now, the cameras are name after my husband who was killed three years ago at 30 years of age, two weeks before our daughter was born, a mile and a quarter from our home. And unfortunately, it hasn't stopped. I mean, I've been, since that day -- I promised my husband that night at that site, even though he couldn't hear me, that I would make sure that his death was going to be for something. You know, something good is going to come out of this. And the more I've been out here the last three years, the more I've talked about it, the more I've tried to educate on it. My daughter deserves for a good mom, she deserves for a happy life, so my plight is to try to make the roads safer for all of us. And I think it's very important -- in my plight and in educating, I have had -- I have to tell you that most people everywhere I go, I hear, oh my gosh, it's the worst in our place, it's the worst in our place. Well, the most citizens that have contacted me had been right here in Collier County, and that's where I've heard the worst tragic stories. Children being killed by red-light runners, husbands, wives, you know. And I've -- last year, we did an editorial, and I got about 17 from this county alone on people that have been -- that have been affected personally by red-light running. No near misses. It happened to them. So I'm not a victim. My husband was a victim. My brother was a victim. He happened to be the driver, unfortunately, and he has to live Page 30 February 27, 2007 with that for the rest of his life. It wasn't his fault. Somebody with 10 points on her license and six violations ran that light when the last thing that she was ticketed for was for running a red light. And there's no law out there that says that she gets -- she doesn't get a manslaughter charge. She gets nothing but a $500 fine and a slap on her wrist because that's what the Florida law states. So for now the biggest thing is to try -- we all know that nobody likes to get caught, so the biggest measure, the safest measure right now that's been researched, are trying to find a way to get these cameras up at the worst intersections so that we can stop some of this madness. So I appreciate your time, and we're open to any questions. CHAIRMAN COLETTA: Melissa, I'm going to go first, if you don't mind, Commissioner. COMMISSIONER HALAS: Sure. CHAIRMAN COLETTA: Yeah. This information is so helpful, but it would have been great if I could have had this to be able to study over the weekend. MS. W ANDALL: I understand. CHAIRMAN COLETTA: A little more time would have been wonderful. But going through it very quickly, I noticed that you're missing the endorsement of the Florida Association of Counties, which is quite surprising. I take it you haven't tried to reach out to them yet. That's the association for the commissioners of all of Florida. MR. SPIRT AS: We haven't solicited any -- them specifically, but a number of groups, but we will. Florida League of Cities, I know, is actively -- CHAIRMAN COLETTA: Yeah. I see League of Cities down there, but what I'd like to do is assist you with that. Now, I don't know if this commission's ready to commit to money to something that we're not too sure how it's going to be spent on. But if you would like, I'll Page 31 February 27, 2007 personally work with you through the Florida Association of Counties to bring it before them and see if we can get their enforcement. MR. SPIRT AS: We appreciate it. MS. W ANDALL: Absolutely. Any help that we can get. You know, it's pretty much the two of us. We have a coalition, but you know how that goes. And there's only so much time that people have. So as many people that we can get ahold of and contact, that would be absolutely wonderful. CHAIRMAN COLETTA: Be more than happy to work as an individual commissioner -- MS. W ANDALL: Thank you. CHAIRMAN COLETTA: -- to help you with that. Commissioner Halas? COMMISSIONER HALAS: Yes. The other area that you probably should explore would be the association of Florida sheriffs because I think that -- I know our sheriff, Don Hunter, is a strong advocate for putting -- getting camera systems available, but it has to be passed through the state legislature. So I would hope that you can work in regards to the sheriff associations. MS. W ANDALL: We do have them, sir. COMMISSIONER HALAS: Good. And as Commissioner Coletta said, the other avenue would be Florida Association of Counties. Both of us are actively involved in that group, and I know that that's been on their agenda for a number of years, but we haven't had enough oomph to get it out of committee and actually get a vote on it. So anything that we can do to help you in that regards to work with the Florida Association of Counties, I think, would be very, very beneficial to all citizens here in the State of Florida. MS. W ANDALL: Thank you very much. We certainly appreciate it. Page 32 February 27, 2007 CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yeah. The Florida Association of Counties will then pass the word to all of the counties and all of the county commissioners, and that's why they're stressing it so strongly. Did you want our signature on this, or did you want our name to be included? MR. SPIRT AS: Absolutely. COMMISSIONER FIALA: Is there a fee with that? MS. W ANDALL: No. MR. SPIRTAS: No. MS. WANDALL: No, there's not. And just so you know, with the coalition, what we're trying to do, the reason why we're trying to raise funds, we're raising funds to education, we're also raising funds for legislation, trying to get to Tallahassee, trying to see how far this bill goes. It's supposed to go through this week. It's supposed to be filed. And we're trying to get some, you know, possibility, get some lobbying help to get up there. COMMISSIONER FIALA: So in other words, if we wrote a letter, whether it be from the whole board -- and we'd have to vote on that but -- or just from us personally, just speaking for our own selves, would that be of any help to you? MS. W ANDALL: Absolutely, absolutely it would be of help. CHAIRMAN COLETTA: Could you clarify a point, please? MS. W ANDALL: Absolutely. CHAIRMAN COLETTA: Is this on the legislative agenda now? Is there a bill in the House and the Senate to be able to match what you're trying to do? MS. W ANDALL: It's called the Mark Wandall Safety Act. MR. SPIRT AS: It's -- Representative Ron Reagan is our sponsor on the House side. Luce Carlton, for one, is helping us on the Senate. That's where -- the real work will happen in the Senate. CHAIRMAN COLETTA: And there's a possibility you might Page 33 February 27, 2007 pull it off, but generally these things take a couple years before they bear fruit. What I would suggest is that we also, as a commission, discuss this when it comes next year, time for our legislative agenda to maybe include this. We had something like a couple years ago, 500, wasn't it? MR. MUDD: Commissioner, this is a priority on your legislative agenda for this year. CHAIRMAN COLETTA: But the fine is. I don't know if -- was it the camera, too? MR. MUDD: Yes, sir. MS. WANDALL: Yes. CHAIRMAN COLETTA: Okay. Then we're already there and we can discuss that when we go to Tallahassee. MR. MUDD: And two years ago you did a proclamation at the urging of Sarasota County about red-light running. If you would, like by next meeting we can resurrect that proclamation and make sure we get it current for the board's consideration. CHAIRMAN COLETTA: Well, for the sake of uniformity, let's take a good look at the proclamation that's been given to us so that we can all be speaking in tune with everyone else that's out there and weigh one against the other and put it on the next agenda. Do you agree, Commissioner Halas? COMMISSIONER HALAS: Yes. CHAIRMAN COLETTA: Commissioner Fiala, Commissioner Henning? COMMISSIONER FIALA: Yes. MS. W ANDALL: If I may say, that proclamation is pretty much the same thing. The numbers have changed just a little bit. I actually was the speaker for Sarasota County three years ago. That's when my husband was killed. So it's been -- it's pretty much the same petition as it was back three years ago. Page 34 February 27, 2007 And the only reason why it didn't go through last two last two years is because Allan Bense was against the cameras. So now they're hoping that it will see committee. It's been -- it was filed the past two years, but it didn't go through committees. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Yeah. That's -- I wanted to make that motion to direct the office manager of the Board of Commissioners to prepare a proclamation in support of the organization, STOP running light -- STOP Red Light Running Coalition of Florida, to be included in the -- where we're for the Board of Commissioners (sic). And let's take a look at the previous proclamation and the proclamation of this organization, combine it and for -- the Board of Commissioners of Collier County to have its own proclamation. CHAIRMAN COLETTA: Well, we just got through directing the county manager, but you know, a motion is fine, you know, in any case. But in other words, you're suggesting we don't necessarily adopt the proclamation that's within the packet that we have now, that we look at our own? COMMISSIONER HENNING: Nor the one that we passed in the previous. COMMISSIONER FIALA: Was that a proclamation or a reso? COMMISSIONER HENNING: May I finish, please? COMMISSIONER FIALA: Oh, yeah. I just -- COMMISSIONER HENNING: We want to combine all these things together to say what the -- what the wishes of the representation of Collier County and the support of this organization. I think that's most important that we have our own and send that to our legislation delegation. COMMISSIONER FIALA: I'd like to second that, but was it a proclamation or -- I thought you said a resolution? MR. MUDD: You did a resolution or proclamation. I don't have Page 35 February 27, 2007 it with me at this particular juncture. COMMISSIONER FIALA: Oh, okay. MR. MUDD: About two years ago -- basically at the bequest of Sarasota in order to support them in their particular efforts to push this Issue. COMMISSIONER FIALA: Okay. MR. MUDD: We will resurrect that, we will compare it with this particular item, and Sue Filson and Deb Wight will work together to get that proclamation to you for your next meeting. COMMISSIONER FIALA: Okay. Second the motion. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: Yes. Just to give you some area of comfort, Commissioner Coletta and myself will both work in regards with the Florida Associations of Counties in regards to this serious problem that bestows not every -- not only Collier County or Manatee County or Bradenton area, but also is throughout the whole State of Florida. So I know that's on the agenda for -- not only for us, but I know it's on the agenda for the Florida Association of Counties, and they just need some more push to get this thing through hopefully, get it out of committee and get it on the floor for a vote. CHAIRMAN COLETTA: Thank you. MS. W ANDALL: Thank you. CHAIRMAN COLETTA: Just so we clarify the motion now, the original direction we gave was to -- I think, did it mirror the motion or was it different? I'm still a little bit lost on what's the motion. COMMISSIONER HENNING: Yes. The direction and the motion is the same, it's just, by the board taking action on a motion, it pretty -- makes it clear what the direction was given. CHAIRMAN COLETTA: Okay. Mr. Mudd, you're clear on the motion? MR. MUDD: Yes, sir. Page 36 February 27, 2007 CHAIRMAN COLETTA: Okay. Any other discussion? COMMISSIONER FIALA: Yes, one more question. CHAIRMAN COLETTA: Yes, please. COMMISSIONER FIALA: Yes. Could we also, while we're up in Tallahassee next month, talk to our legislators about -- MR. MUDD: It's on your -- it's on your southwest consortium priority list, too, ma'am. CHAIRMAN COLETTA: Okay, thank you. MS. W ANDALL: Thank you very much. CHAIRMAN COLETTA: Well, we haven't taken the vote yet. Maybe it will go the wrong way. Who knows? COMMISSIONER FIALA: Yeah, right. CHAIRMAN COLETTA: Hold your breath for a moment. MS. WANDALL: Okay. CHAIRMAN COLETTA: Any other discussion? (No response.) CHAIRMAN COLETTA: All those in favor, indicate by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 4-0. Thank you. MS. W ANDALL: Thank you very much. We appreciate your time. MR. SPIRT AS: Thank you. Item #6C PUBLIC PETITON TO DISCUSS PROPERTY AT 1071 16TH Page 37 February 27, 2007 STREET NE AND V ANDERBIL T BEACH ROAD EXTENSION PRESENTED BY ROBERTO LEON - PRESENTED AND STAFF TO COME BACK WITH UPDATE ON PROGRESS MR. MUDD: Commissioner, the next item is 6C. It's a public petition request by Roberto Leon to discuss property at 1071 16th Street Northeast and the Vanderbilt Beach Road extension. Mr. Leon? MR. LEON: Good morning, and thank you for having me out here today, and I want to start this very simple. I'm going to read my writing. MR. MUDD: State your name for the record. MR. LEON: My name is Roberto Leon. This is in reference to my five-acre property at 1071 16th Street Northeast. With great respect, the reason of this letter is to seek your attention to my situation. I listed the above property for sale with Nancy Lewis from Realty Select, Remax. She sold it to Waterways in 2004, but a few days after the contract was signed, the buyers cancelled the contract. The purchase -- cancelled the purchase because they had to wait a few months for the DEP to issue a building permit, and they didn't want to wait the long. After my listing agreement in December 1, 2005, I gave it to Select Properties, Mr. Carl Stephen. He said, yes, that in order to make the sale more attractive to buyers and save them the waiting time from the DEP, I should apply for a building permit myself for an approximately 4,000 square feet home. I contacted Ms. Brooke Beardsley from Tropical Environmental. It took a few months to get everything done. Finally I got the permit. At that time is when the big problem started. May 2006, my salesman and I heard and read in the newspapers about the Vanderbilt Road extension. Prospective buyers were not there anymore. Instead, Page 38 February 27, 2007 I was being placed in a very serious and sad situation. I went right away to see Mr. Joseph Quinty of the transportation department. He gave me maps and informed me it was true, that my property would be used and affected by 100 feet on the 660 feet length but that the city (sic) could work with me to buy all the five acres, that it was perfect for some type of a water installation, which I really don't know what it was. After a while, I was notified it was no longer working for the county. I started receiving letters from various attorneys to represent me with my lot. I was really lost, and I assigned it Roetzel & Andress in Fort Myers, Mr. Ken Jones. In approximately three to four months after I got nowhere not getting answers, I called Ms. Debbie Armstrong of the transportation department. She told me that if I wanted to be able to talk to her about my property, I had to cancel my representation with the law office. I called my attorney and explained to him I could not wait for them, that my situation was serious, and I could not be sitting and waiting forever. Two days after that they gave me the release. I made an appointment with Mr. Jay Ahmad, Mr. Debbie Armstrong, Mr. Kevin Hendricks on December 7,2006, and I gave them the copy of the attorney's release. At that meeting I was told that early 2007, they would be working with the engineers to see exactly the -- if my land will be affected by 100 feet or more or less. That same day I met Commissioner Mr. Jim Coletta. He, after that meeting, he suggested I should talk with Mr. Matthew Hotson (phonetic), a realtor. He visited my land and got acquainted with the situation. His answer to me was, 10 days ago, that with that Vanderbilt Road project, the value of my lot had been cut down 50 percent and he doubts anybody would buy under the circumstances. I also visited Dave at the tax assessor's office to try to get time (sic) payments on my tax bill. The lady told me nothing could be Page 39 February 27, 2007 done, that the assessed value was 330,000 and my tax bill was 3,900, to be paid by March 2007. My situation is clear. I am 67 years old. My health is not good. My son and three grandchildren lives in Atlanta, Georgia. I had plans to move near them. My condo in Broward was destroyed by Hurricane Wilma. We had no home for 11 months. My retirement life is being destroyed. Our retirement income is only $1,500 per month for me and my wife. I left my country, Cuba, 49 years ago, and I feel a terrible control of my life at this time here in this country, and I refuse to think this way. There must be a way out for me and my wife so we can finish our days with liberty and justice. We need your help. I appeal to all of you and all the pertinent departments and authorities to revise my case and find a solution to our lives because we're trapped. I need to put an end to this nightmare. My health problems are getting worse and are being affected by so much stress. I am being treated now by three doctors. CHAIRMAN COLETTA: Mr. Leon, that was -- that was very compelling. That's the reason why I asked you to come forward today under public petition. There's a lot of things that can always be done differently or possibly be done even better to expediate it. Whatever's being done -- even though Florida is a generous state when it comes to reimbursement for taking a right-of-way, when you're the person that owns the property, it's never fast enough and it's never enough, and that's something that I wanted my fellow commissioners to be able to hear from you. There's a lot of issues here that has to do with the taking of land. Before you we had a Mr. Greco that was going to come. Regrettably he cancelled out. I'm not too sure the reason why . Maybe his attorney recommended it. He had a home built on his property and even more compelling issues than what we're hearing about yours. He had a lifestyle that Page 40 February 27, 2007 was greatly disrupted by what took place. He's looking for some avenue to be able to bring this all to a settlement. The process is underway. I don't know if the process is totally sufficient that exists, but I don't think there's been enough discussion or explanation as to how the process works and how we get from point A to point B. With that, I'm going to ask the commissioners' indulgence for a moment, and I'd like someone from transportation or from property acquisitions to come forward to be able to discuss the particulars of how this whole situation works, where we are now, where we're going with it. Mr. Feders (sic) or Jay? Don't go too far. MR. FEDER: For the record, Norman Feder, transportation administrator. First of all, Commissioners, please be assured that we are following every process and doing every due diligence to make sure that we give a fair but an appropriate response on all of our acquisition of right-of-way. We realize it's a taking. We realize we're impacting, and particularly on the Vanderbilt Beach Road extension corridor, which is rather unique for this county. What I will tell you though is there's a lot of issues we're dealing with. The corridor, once it was established by this board, was about the time of the peak in the real estate market here in Collier County. We've had a level of correction I think most people have recognized. That correction hasn't happened just on this corridor because of the identification of this project. It's happened countywide and yet a lot of the response to our efforts to try to negotiate acquisition is an assumption that those increasing values have continued to increase rather than having corrected, and so that's some of the difficulty. We are going to mediation with Mr. Greco, you mentioned, who pulled out from the discussion before. But just to give you a frame of Page 41 February 27, 2007 reference, we had a situation where we do an appraisal, we send out a letter to folks, telling them to go get their own appraisal and we'll pay for it, particularly on the 19 where we're taking the homes. I'm going to go ask Jay to go through some details on where we are on those so you understand that we're working aggressively to try to resolve those issues. But I need to point out that when we did our appraisal on that home, we're basically in the area of 900,000 after at $8,800 appraisal on a residential property, which we found rather excessive. CHAIRMAN COLETTA: You're talking about Mr. Greco's property? MR. FEDER: Yes. We found that his price range and his requests were basically in the $1.9 million range. We have been negotiating with him and his attorney. We're going to go to mediation. We're going to try to find a way to resolve it. One of the major concerns we had on that issue was major comparables that he was utilizing with Livingston Woods. And I think while Livingston Woods is technically zoned estates, I think the values of properties in Livingston Woods are far different than the values of the properties along this corridor. So that's some of the difficulties we're having. We're continuing to negotiate. What I'm going to do, as I said, is have Jay give you an idea on the -- first of all, on the 19 homes where we are, but I'll also point out to you, in the process of designing the corridor, we went through, did a lot of work in identifying down in the planning for the corridor, but now we're doing the design. And once we have the design, we'll have a better situation to deal with a lot of folks like Mr. Leon in the sense that we can identify exactly what we need. We know that we did a 200-foot wide corridor. We're not going to go outside that envelope. But what we're trying to do is lessen that impact, try to get it down maybe 165 feet, and identify exactly what we need in a property take. Page 42 February 27, 2007 We do not need whole takes on all the corridor out there, but we need to reduce the take down as much as we can, and later this year we should know where we stand on the design to be able to work with issues, particularly between 951 and Wilson, and then where there's an opportunity by the need, as with Mr. Leon, may be out on the eastern part of the county as we can. But I'll ask Jay to give you an idea where we stand on the 19 homes. We stand ready for any questions. CHAIRMAN COLETTA: Yeah, but just one question before you back off from the mike, Mr. Feders. Are we in continuous negotiations with those people that want to talk to us? MR. FEDER: Yes, we are, and that's what I'm asking Jay to go over for you on the 19 homes in particular, which is the first area of focus. CHAIRMAN COLETTA: Thank you. Yeah, go ahead. I'm sorry, Commissioner Halas. I didn't mean to ignore you. COMMISSIONER HALAS: Norm, in regards to this particular piece of property -- MR. FEDER: We're talking about Mr. Leon's? COMMISSIONER HALAS: Yes. I believe he said there was five acres of property that he presently owns. MR. FEDER: I believe that's correct. COMMISSIONER HALAS: Is the take going to be on the front of the property or on the back of the property? MR. FEDER: Put that up on the teleprompter. Can you identify the lot there and the area of possible take. MR. AHMAD: Mr. Chairman, good morning. MR. MUDD: Turn it on. MR. AHMAD: Good morning, Mr. Chairman, Commissioners. My name is Jay Ahmad. I'm the director of transportation . . engIneenng. Good morning, Mr. Leon. Page 43 February 27, 2007 I met Mr. Leon in December, and I explained to him exactly what he stated. This lot is east of Wilson, and it's defined as you can see it, it's defined by this layout. And our project is where the crosshatch is going to pass through this area roughly. So about 100 feet of Mr. Leon's property is destined for acquisition for the Vanderbilt Beach Road project. Obviously we have a tremendous amount of vacant properties east of Wilson and along this entire corridor. And it's not our intention -- and as we were directed by the board -- to acquire every property, I believe, full take if only we need a portion of the property for Vanderbilt, and it isn't our intention to acquire this full take for this -- for Mr. Leon. COMMISSIONER HALAS: How much property does he have left out of the five acres? MR. AHMAD: I believe over three acres. COMMISSIONER HALAS: Okay. You answered my question. Thank you. MR. AHMAD: You're welcome. Mr. Feder asked me to run -- I'll go use this other microphone, sir. Nineteen homes are to be acquired for this corridor for Vanderbilt Beach Road, and we have been in contact with every property owner along that corridor. And I'll just briefly state, 14 of these 19 homes are west of Wilson and five east of Wilson. We have closed on one property, Goodman, and we brought it before the board, and that property is the county's property now. Another contract is going to be presented before you on March 13, '07, for the -- Hernandez -- Hermanson. Weare also scheduled on March 28, '07, with Mr. Greco. He's-- his lawyer asked for mediation, and we obviously offered him a million dollars for his property, and he's staying about 1.4, and we can't seem to agree on a price. So we -- his lawyer asked for mediation, and I believe that's the reason he cancelled this -- his1 Page 44 February 27, 2007 presentation this morning. We have an agreement also with Waterways, Jean of Waterways. We will bring that before you. Those are out of the 19 homes that we're talking about. We are also in negotiation with Mr. Breen for two parcels. We're about half a million apart from our appraisal and his appraisal. We are also in negotiation with Mr. Tomke (phonetic). We're about 165,000 apart between his appraisal and ours. We're also in negotiation for two properties for Mr. Hartman, Mr. and Ms. Hartman, and we're awaiting their appraisal. We're in negotiation with Mr. Coughlan, and he wants to sell after July of '07. He -- for some personal reason. We also are in negotiation with Mr. Hernandez. We're waiting for their appraisal. We pay for their appraisal, they hire their own appraisal, we hire our own appraisal, and we compare the two. The three property owners west of Wilson, they don't wish to -- we have sent them letters. They haven't contacted us. They showed no interest of selling to the county. East of Wilson, three out of the five wants to sell to the county. Two we have no contact to date. CHAIRMAN COLETTA: Okay. MR. AHMAD: So we -- Mr. Chairman, we are in negotiation with almost every single property owner out of the 19, and that's our priority now because we are impacting a full take, and we're essentially taking their homes. And we have been -- and the rest of the properties, the partial takes, we plan to be -- a notice to proceed to the consultant. We've been in negotiation with the consultant and we've selected a consultant, and we brought that before you in the previous meetings. And we have CH2M Hill onboard to design the corridor. And once we define that corridor better, we should able to move on the remaining. We cannot -- we need a survey of the property before we Page 45 February 27,2007 actually acquire how much we need from them. CHAIRMAN COLETTA: Could we have something in writing, possibly put together a draft, of what you suspect a reasonable time line would be to be able to move forward through all this? It'd be great to have that if we could share that with the public, and then if we start to fall behind there has to be good reasons why. And then possibly, too -- I'd love to see this come back as a report like we've been doing with the different road projects that we have out there. We get a report on Immokalee Road, we've had them on 951, and the commissioners are aware of how it's coming together. And I'd love to see this come back as a half-an-hour report, whatever it takes to be able to give us an update somewheres in -- probably in the end of May. By then you should have made considerable progress to be able to bring around some resolution to the problems. MR. AHMAD: We -- in March we'll give a notice to proceed to the consultant. Our schedule today is 30 percent completion by late August, early September. And in approximately by February, March, we will have about 60 percent design plans and at that stage -- and when we actually get an accurate picture of what we need to acquire from those partial takes. CHAIRMAN COLETTA: Okay. When -- again, when would that be that we'd be there when we have the actual picture? MR. AHMAD: We will have information by September on 30 percent of preliminary design, conceptual design plans, and we will have a very accurate mapping by March '08. And I believe by March '08 we will be able to move on the remainders of these parcels. We'll be in negotiation with Mr. Leon and others. CHAIRMAN COLETTA: We're still in negotiations with a bunch of people out there, and I really don't want to wait to December or March of the following year to be able to get a report. I'd like to see something a little more -- little more often than that so we can Page 46 February 27, 2007 keep the appraisal of where everything is. MR. FEDER: Commissioner, we'll be happy to keep you advised. I'd recommend that possibly we provide you sort of a written update to all the commissioners periodically. But I'll also tell you that if you look at this fall, it might be a good time for a presentation on where we stand both on acquisitions through negotiation as well as our 30 percent plans so that you get a feel for where we stand on that design process and that schedule. So my recommendation would be that, obviously we do whatever this board requests, but that we look at this fall to come back to you, show you the 30 percent plans, progress, and report on where we are in the negotiations for acquisition. Weare still active and we're going to continue to move on the negotiation end, but agreed to get the design to try and work with the partial takes. CHAIRMAN COLETTA: And you'll put this in that report that you're going to send out to the commissioners -- MR. FEDER: That would be fine. CHAIRMAN COLETTA: -- with your recommendations? MR. FEDER: And whatever your schedule, you tell us to do, we'll obviously do at your disposal. CHAIRMAN COLETTA: Commissioner Halas, then Commissioner Fiala. COMMISSIONER HALAS: This photo that's being presented on the overhead, I take it this is a current GIS photo? MR. AHMAD: Yeah. This photo is taken from the Collier County appraisal site, yes. COMMISSIONER HALAS: Okay. So if I look at this photo, we're not taking a home on this piece of property, right? There's no home being taken? All there is just land? MR. AHMAD: That's correct. It's a vacant property approximately five acres, and we're taking the north portion of it. Page 47 February 27, 2007 COMMISSIONER HALAS: Okay. So -- all right. You've answered my question. Thank you. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. You said it's a vacant property. I thought it was a home above it. MR. AHMAD: No, ma'am. The property line is -- I'm going to point to it. This is the property line, north property line, and this is the amount we're taking from him. MR. MUDD: Where is the bottom of his property? MR. AHMAD: This is the bottom. COMMISSIONER FIALA: Oh, I see. Okay. I needed that clarification. Thank you. I had a different question but it doesn't apply anymore. CHAIRMAN COLETTA: Oh. Mr. Leon, we appreciate very much you coming today. As times goes along, I expect that we're going to be hearing from more and more people. When this report becomes available to me, I'll get it to you, and this commission will keep a close eye on how the process is working to see what we can do to try to move it along at a more expeditiously pace. MR. LEON: Thank you very much -- CHAIRMAN COLETTA: Thank you for being here. MR. LEON: -- to all of you, and my great respect to all of you, too. Thank you. God bless you. CHAIRMAN COLETTA: Thank you, sir. Item #6D PUBLIC PETITION TO DISCUSS GOODLAND ZONING OVERLAY PRESENTED BY GREG BELLO - TO BE BROUGHT AT THE BACK MARCH 13,2007 BCC MEETING WITH CERTIFIED SIGNATURES OF 51 % OF PROPERTY OWNERS - APPROVED Page 48 February 27, 2007 MR. MUDD: Commissioner, that brings us to our next public petition, which is a request by Greg Bello to discuss the Goodland Zoning Overlay. Mr. Bello? MR. BELLO: Good morning, Chairman Coletta and fellow commissioners. Thank you for allowing me to have some time today to talk. A brief history of why I'm here. MR. MUDD: State your name, sir, just -- MR. BELLO: Oh, I'm sorry. Greg Bello. I own property on Palm Point in Goodland. The Goodland Zoning Overlay was created in 1999 to protect this small fishing village which measures approximately one-half mile by one-half mile, and to allow nonconforming properties to have reduced setbacks that would allow homeowners to rebuild following fire or other natural disasters. It was not intended to allow for the largest homes to be built on a five-foot setback situation which could occur when combining lots. January 23rd meeting, the results of the meeting galvanized the Goodland community and brought them together for the common good of the island, more so than we've seen in many years. A survey was formulated which was performed and sent out to the homeowners that asked questions as to whether they would desire to preserve this historic fishing village and its character. The results of the survey came in greater than 85 percent supporting this premise. An independent committee was formed which involved five members of the community. One member was from Drop Anchor, one from Calusa Village, one was a resident at large who is a multi property owner, one was the Goodland Civic Association, who also was a multi property owner, and a Goodland Preservation Coalition member. Page 49 February 27, 2007 So five members chaired three town hall meetings that were held in Goodland since that day. An open discussion of issues concerning residents occurred and people were able to speak freely. A new survey was then formulated which involved nine questions that was sent out approximately one week ago to property owners. The results are due in approximately March 6. The survey responses will be tabulated using the same process which was used by the county during the Goodland Zoning Overlay work done in 1999. Two additional town meetings are scheduled to occur before the March 13th meeting. My purpose today is to ask the commissioners to bring back the item on March 13th meeting, at which time we will present our survey results, the issue the property owners want to be addressed. We also ask the commissioners to then vote to put in place a standard to protect the village from uncharacteristic development while the zoning is in progress, the LDC cycle. By taking our amendment we will be present and apply it as a prescriptive regulation for zoning in progress as described by Mr. Weigel and Mrs. Stirling -- Student-Stirling in our January 23rd meeting. We feel this will properly protect Goodland until the amendment becomes law . We ask you today for your guidance for what you will be looking for March 13th in order for you to vote for a legislative standard to protect Goodland while zoning is in progress until your October meeting for your final vote on the LDC amendments. Thank you. CHAIRMAN COLETTA: Thank you. Commissioner Fiala, Commissioner Henning, then Commissioner Halas. COMMISSIONER FIALA: Yes. I would like the March 13th meeting. I think it's a great idea. As you probably heard, the community, from all sides of that Page 50 February 27, 2007 community, are working together. And I was really impressed when I learned that their first meeting -- I wasn't at the meeting, but when I heard that it was an overflow crowd, a lot of people curious, a lot of people angry, and the anger subsided almost immediately when they learned what was going on. Their second meeting was not an overflow crowd anymore. It was just -- just residents that were concerned or interested, and that's what they've had ever since. There's been no more anger. It's like somebody put the fire out. And I was happy to hear that. I'm glad to hear that you're doing so well. And I would suggest -- I would like to bring this back, if my other commissioners will agree, and I would suggest that when you come back with it, if you could have a petition signature list or something just so that everybody signs so that we can see that most of the fishing village is in agreement with what you're doing. One of the things that has happened to us up here time and time and time again is people come up and say they're representing their community, and 10 and behold, they're representing their community of five people and the other 4,000 aren't contacted and then it's blown up in our face. So that would help us a lot. MR. BELLO: We'll have -- at that meeting we can have all the survey results which are signed by these property owners. COMMISSIONER FIALA: Great. Thank you very much. COMMISSIONER HENNING: And also, I think the board in -- to take action on what you're asking us to do -- is zoning in progress -- I think the board needs to have in writing what the language of the Land Development Code would be for the community of Goodland. COMMISSIONER FIALA: And I'm sure you can look to Margie Student to help you with that. Okay. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: That's it. CHAIRMAN COLETTA: Okay. Commissioner Halas? Page 51 February 27, 2007 COMMISSIONER HALAS: Thank you very much. I think you've heard a little bit of the concerns that we as commissioners have had in the past. This -- the signatures need to be property owners and they need to be certified by either the county attorney or by the tax assessor that these people own the property, and we need it to be at least 51 percent of the vote before we'll go forward on this, okay? MR. BELLO: Thank you. CHAIRMAN COLETTA: Okay. And if I may, my question is, is we're talking about getting the overlay corrected that's in place -- COMMISSIONER FIALA: Yeah, right. CHAIRMAN COLETTA: -- and trying -- we're not trying to go back in time and stop someone? COMMISSIONER FIALA: No. MR. BELLO: No, that's not-- CHAIRMAN COLETTA: Yeah, if that was a motion, then I second it, Commissioner Fiala. COMMISSIONER FIALA: Oh. Yes, it was a motion. Thank you. No, nobody's -- we're going forward, yep. CHAIRMAN COLETTA: Okay. Mr. Mudd, do you have the direction of the motion? MR. MUDD: Yes, sir. The only question I have right now is one that's legal in matter, and the county attorney needs to clarify. If this comes on and you are going to consider this as zoning in progress, does the item come back to you as an advertised item on your agenda? And it's an advertising legal question that I have for the county attorney. MR. WEIGEL: Thank you, Jim. The answer is, if the board should take an action and give direction, specific direction, regarding changes in the Land Development Code and/or the Goodland Overlay, those specific directions are -- can be considered, and we would certainly make it clear on the record that that is zoning in progress Page 52 February 27, 2007 pursuant to the case law that has recognized that concept. However, that is different and distinguished from a moratorium. And a moratorium, as we have indicated before, would, in fact, require an ordinance that's advertised ahead of time and brought forward, and that is not -- do not understand that to be the suggestion at this point in time. The zoning in progress would be particularized in regard to those specific developmental changes, the amendments that are potentially to be adopted. The board's authorization, determination, its vote, if it should take a vote at the March 13th meeting, would be specific enough to indicate that, and we would implement that those elements for change are the elements of change, and that is what would be effectuated in regard to any applications that were to come through the pipeline to the county in the meantime. I hope that's clear for you all. MR. MUDD: Commissioner, I have it. It's coming back as an item number 10 for the next meeting. CHAIRMAN COLETTA: Okay. Commissioner Halas? COMMISSIONER HALAS: What I was going to ask is, through all that verbiage that you came forth with, is that telling me that you'll be able to certify all the signatures prior to the March 13th meeting? MR. WEIGEL: Well, I really wasn't addressing that. COMMISSIONER HALAS: Well, that's one thing that we need to have is the certification of the signatures. MR. WEIGEL: Well, I can tell you about -- I can do that. I've had the meeting with Mr. Bello and Ms. Lake, and they have their marching orders and understanding of what we will be looking for relative to the signatures of owners. We've discussed the concept of single ownership of property, multiple owners on property, entity ownership of property. And we'll be looking very closely at that. And I think with the assistance of our office, we'll able to provide the Board of County Commissioners I will Page 53 February 27, 2007 call it a cross-section of opinion, in fact, relating to the ownership desires of Goodland. COMMISSIONER HALAS: Okay. I just want to make sure that we're not getting into a -- the middle of -- COMMISSIONER FIALA: Friendship Park? COMMISSIONER HALAS: Yeah. Well, that and-- CHAIRMAN COLETTA: Dover-Kohl. COMMISSIONER HALAS: -- the overlay, the Dover-Kohl, okay? And I just want to make sure that we've got the general consensus of that community before we step forward on this, okay? COMMISSIONER FIALA: Yes. COMMISSIONER HALAS: And I just want to -- because I don't think any of us want to go through that -- COMMISSIONER FIALA: That Dover-Kohl thing again, no. COMMISSIONER HALAS: Yeah. So that's all I'm trying to do is make sure that we've got -- COMMISSIONER FIALA: Protection. COMMISSIONER HALAS: -- clarification on the record. CHAIRMAN COLETTA: Here's the only concern I got with the signature list, the petition. You're going to have a lot of people that are property owners and taxpayers that aren't on the tax -- that aren't on the elections office roll that are going to be -- and some people that, even though they're property owners, invested here, they're not registered. So we've got a real problem if we're going to try to get down this road trying to verify signatures. I would say that if we got the name and the address and the signature, it gives us guidance. I don't know how else we can handle it. This is going to be a process that's doomed to failure. I mean, we would have to be doing checks throughout the country to verify if the person's signature is legal. I got enough faith in the community to think that if anything happened, it might be an individual or two that's going to try a fast one Page 54 February 27, 2007 rather than somebody's going to manipulate a list just to be able to make a list for us. Because I'm sure that if it's got the signature and the address on it, we can always do our own checking. Commissioner Fiala can make a couple phone calls and I may do the same to verify it. But if you've got the name, the address and the telephone number, then to me that's all I think we need. I'm scared if we get into the other end of it, we're going to just disenfranchise a whole bunch of people that should be able to have their name on there. Somebody may even be a renter. Shouldn't they be eligible also? COMMISSIONER FIALA: No. MR. WEIGEL: No. MR. BELLO: No. COMMISSIONER FIALA: They don't think so. CHAIRMAN COLETTA: Okay. MR. BELLO: Yeah. We're going to -- what we're trying to do is get this out. I mean, people are aware of it, it's here. It's going to be out in the community again. We're having two more meetings before the 13th. You know, people are aware of what's going on. So, you know, if somebody were to contest their signature, you know, then we can deal with that as a one-by-one situation, but -- CHAIRMAN COLETTA: I have a tendency to agree. Commissioner Fiala? It's your motion. COMMISSIONER FIALA: I totally agree, yeah. CHAIRMAN COLETTA: My second stands on that, too. I can understand Commissioner Halas's reluctance after what we've been through, and especially him representing the district of -- excuse me, Naples Park. MR. BELLO: Right. I can understand. CHAIRMAN COLETTA: But I think I got enough confidence in it. COMMISSIONER FIALA: And we're going to take every precaution to make sure because, you know, anybody else seeing that Page 55 February 27, 2007 list that would be in Goodland that maybe would be in opposition would certainly be testing the list as well. MR. BELLO: Sure, absolutely. COMMISSIONER FIALA: And so, I mean, it's open for public record. So, you know, it's going to be -- they are going to strive to be as accurate -- CHAIRMAN COLETTA: And might I add that there's nothing to prevent somebody to running an opposition list to be turned in, too. COMMISSIONER FIALA: Sure, sure. MR. BELLO: You know, we want to do what's right for the community. That's really truly what we want. If the community wasn't for it, then we're -- you know, it's a dead issue. CHAIRMAN COLETTA: Okay. Thank you. MR. BELLO: Thank you. CHAIRMAN COLETTA: Any other questions or comments? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Yep. CHAIRMAN COLETTA: Opposed? (N 0 response.) CHAIRMAN COLETTA: The ayes have it, 4-0, and we're going to take a 10-minute break. (A brief recess was had.) (Commissioner Coy Ie is present.) MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, Commissioners, you have a hot mike. CHAIRMAN COLETTA: Thank you, sir. Appreciate it. Next item, Mr. Mudd? Page 56 February 27, 2007 Item #6E PETITION TO DISCUSS SAFETY REGRIGERANT LOCKING CAP ORDINANCE PRESENTED BY MONA CASEY - COMMISSIONER HENNING TO CONTACT AN AC PROFESSIONAL FOR POSSIBLE PRESENTATION TO THE BOARD MR. MUDD: Commissioner, the next item is still under public petitioners, it's 6E. It's a public petition request by Mona Casey to discuss a safety refrigerant locking cap ordinance. Ms. Casey? MS. CASEY: That information I -- my daughter handed out is just to further convince you about the need for this ordinance. MR. MUDD: State your name for the record, ma'am. MS. CASEY: My name is Mona Casey. Good morning, everyone. Thanks for having us here. We really appreciate it. We're here today because five months ago -- sorry -- five months ago we experienced the loss of our son, Charles Gray. Sorry. CHAIRMAN COLETTA: That's okay. You take your time. MISS CASEY: He was a sophomore at Naples High School. He was young and happy, full of potential and promise. He -- and he loved life, that is until one dreadful day in September when our lives were. MS. CASEY: Abruptly changed forever. On that tragic day, we lost our son at the tender age of 15. MISS CASEY: To the lethal chemical Freon. My husband came home from work and found him hunched over an AC unit completely unresponsive when he was black and blue and he wasn't breathing, his heart had stopped and his pupils were dilated Page 57 February 27,2007 and fixed with practically -- and fixed. He was practically dead. MS. CASEY: Unfortunately tragedies like this are happening more and more these days. People, mainly children between sixth and eighth grade of all ethnic backgrounds, particularly white and Hispanics, are turning to everyday household products like Freon to get high for several reasons. One is because it's legal. Because it's a household product, they perceive it to be harmless because it cannot be detected in any drug test, because it's readily available and easily accessible. They do it out of boredom, and they succumb to peer pressure. They also do it for the instant gratification. Because intoxication from Freon lasts only a few minutes, abuser tend to repeatedly inhale Freon to prolong their high. Each time they do so, they put their lives at risk. Huffing Freon is like playing Russian roulette. You can die from it the first time, the tenth time or the hundredth time you inhale. There's no question that it will kill you, because it will. The question is, when will it kill you? Look at it this way. When you get Freon on your hand or your finger, you instantly suffer freezer bum. Just imagine for a minute what it will do to your internal organs. Sorry. I'm taking up too much of your time. CHAIRMAN COLETTA: No, no. Our time is your time. Please proceed, and take your time. The effects from Freon -- the effects of Freon on the body are, but not limited to, vomiting; suffocation; asphyxiation; ear, eyes, nose and throat and skin irritation; collapsed lungs; kidney failure; liver damage; arrhythmia; pulmonary edema; cardiac arrest; seizures, loss of consciousness, brain damage; brain death; coma and death, which is also known as sudden sniffing death syndrome. Some of the long-term symptoms are weight loss; muscles weakness; disorientation; inattentiveness; lack of coordination; Page 58 February 27, 2007 irritability; depression; kidney stones; memory loss; slurred speech; sight disorder; hallucinations; learning disability; personality change; psychological and sensory disorder; and leukemia. Freon is highly addictive and is considered a gateway drug because users often progress from inhalants to illegal drugs and alcohol. Although I have more statistics on this on a national level, I'm going to try to stick to the ones that are relative to Collier County. In Collier County alone the use of inhalants in middle schools has doubled in two years. Every three days a child is taken to the hospital because of a drug overdose. Eighty-five percent of all juvenile criminal cases are substance related. The average child or age of a child that starts using drugs or alcohol is just 12 and a half, and deaths due solely to drug toxicity increased 76 percent between 1998 and 2005. The results for 2006 are not in yet. In just one week and one day, we have collected over 500 signatures. This is a testament to our citizens' concern regarding this Issue. My proposal will be able to prevent such tragedies. What I am proposing is very simple. And at 20 to 30 dollars, very affordable and very essential to the safety of our citizens, especially our young children. Right now you have a cap similar to -- on your AC valve similar to that that you have on the tires of your car. We all know that that's very easy to remove. What I'm proposing is a locking cap for your AC unit. This locking cap, like the other cap, is easy to screw on, but once it's on, it's -- it cannot be removed without this special tool. And this tool, as it should be, is currently only available to licensed technicians. The other thing I am proposing is the lockup of refrigerant projects in stores. Currently Freon products are available right off the Page 59 February 27, 2007 shelf and for anybody to purchase. A lockup must be all-encompassing in order for this proposal to work. Commissioners, I beg your compassion on this issue. Please implement this ordinance so no other family would experience the devastation of losing a loved one to this senseless tragedy, because more and more families with young children are moving to our area. And as you said, Mr. Chairman, there's -- children are more important than anything else. Please do it for -- so that my son's dealt is not in vain and please do it because a permanent solution is the only solution to this problem. I would like to thank all of those who helped me with this petition and supported it. I would also like to thank the National Inhalant Prevention Coalition for educating the public about this horrible problem, and the Substance Abuse Coalition of Collier County for working hard to reduce the availability of and demand for drugs in our community. And I'd like to thank you, Commissioners, for protecting our citizens. I welcome any discussions, questions or advice you may have. CHAIRMAN COLETTA: Ms. Casey, before I go to Donna Fiala and Commissioner Henning, I want to tell you that I am going to go on line to sign that petition, and I'm going to urge everyone out there to do the same. MS. CASEY: Thank you. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you. We're so sorry to hear of your son's tragic death. MS. CASEY: Thank you. COMMISSIONER FIALA: And I know that other children are all involved in that same practice because it is so easy. And I've heard that myself. And actually it has touched my family in a way. And I see here what you want is to support your mission by Page 60 February 27, 2007 signing this petition. What will you be doing with the petition then? MS. CASEY: Well, I was hoping that we can enact an ordinance in our county that will require all new installations of AC units to be outfitted with the locking cap and all existing AC units to be retrofitted within five years. COMMISSIONER FIALA: Have you contacted any of the AC companies to ask them about this? MS. CASEY: I have contacted an AC company to ask if they know of an existing ordinance somewhere else. I have also contacted an AC company to give me more information on the locking cap, but I have not asked them for any assistance or anything like that. COMMISSIONER FIALA: Did they ever hear of another ordinance? MS. CASEY: The one that I contacted said no, they have not. COMMISSIONER FIALA: Have not, yeah. I don't know how much we can get into the private sector. Can we do something like this? CHAIRMAN COLETTA: Well, it would be kind of hard for a locality that's isolated as much as Collier County, because many of our suppliers bring in their supplies from distributors from other parts of the country, and they're directly shipped to the homes. If anything it would have to probably go through the state. I would -- the state or the federal. Probably even the federal because -- COMMISSIONER FIALA: I know what you're talking about. CHAIRMAN COLETTA: -- of the magnitude of it. COMMISSIONER FIALA: You're talking about locally. I'm trying to -- I don't even know what we can do. MS. CASEY: It is my understanding that when new constructions are built, that they send out inspectors to inspect it, you know, to make sure that they are, I guess, properly built. Is this something that can be worked into that inspection? COMMISSIONER FIALA: Do you have any advice for us, Page 61 February 27, 2007 Bill? CHAIRMAN COLETTA: Mr. Mudd's got his hand up. Maybe we can recognize him first. COMMISSIONER FIALA: Oh, does he. I'm sorry. Okay. CHAIRMAN COLETTA: Then we'll come to you, Commissioner Henning. Sorry to make you wait. MR. MUDD: Bill, if I say anything wrong, you're going to correct me, right? What this would require would be an amendment to the Florida Building Code. You can make an amendment locally to the Florida Building Code. When the new revision of the Florida Building Code comes out, it basically zeros out your amendments to the old code, and then it's the new code. And then either the new code, Florida Building Code, has this in it or you have to do another amendment. The Florida Building Code gets revised every three years on a three-year cycle. So that would take care of the new construction, and the new construction for AC units being retrofit. The best way to do this is to get the Florida Building Code changed, and this way you take -- you take it on at a larger area as far as what's going on and how it -- and how it basically impacts the State of Florida, because the second piece that she's asking for is all the old units be retrofitted. That's beyond what we've got locally for the county, so that causes some great, great concern. And I believe in order to get at those particular items, those two particular items that she's looking for, we need to get the Florida Building Code changed. And the Florida Building Code could have something in it that says, all new construction has the cap, and all units after such and such or reinstallations will have the cap. And over a period of time, you will have those things with the locking caps on them, because your air-conditioning units -- COMMISSIONER FIALA: They keep making -- I'm sorry. I did it again. I interrupted at the end of your sentence. I'm sorry. Page 62 February 27, 2007 MR. MUDD: That's all right. COMMISSIONER FIALA: Maybe at this point in time -- we have a reporter right here in the audience, maybe she can report on this, and the need for people who -- who already have an air-conditioner and if they -- you know, if they desire, where they can buy these caps, these locking caps, and suggest to them that it would be important, even though they don't have any children, so that kids don't come over to their air-conditioner and start huffing. So that's a suggestion. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Well, it -- it might be something that the industry would welcome, something like this, and they might champion it. I have a good friend who owns an AC company. Why don't-- Commissioners, if I give them this presentation, this packet, ask them to do a presentation before the Board of Commissioners and to see if there's any interest in making a statewide regulation and how that would work. MS. CASEY: How do I make a statewide -- or how do I go about getting that done? COMMISSIONER HENNING: I'm going to do it for you. MS. CASEY: Thank you. COMMISSIONER HENNING: Yeah. Let's see -- the thing is, how you make law is, make sure that you get a lot of -- a lot of support throughout the State of Florida. And if you have one organization that opposes what you're asking, that might be detrimental to your final go. So let's see what we can do as a board to reach out to find out the interest of this through the industry. And I think the board and all of us need to be educated on the equipment out there and the possible deadly chemicals within them, because they have changed. MS. CASEY: Right. I also understand that right now there are Page 63 February 27, 2007 some chemicals that have to be kept behind counters already. COMMISSIONER HENNING: Correct. MS. CASEY: How difficult is it to add Freon to that list? COMMISSIONER HENNING: Well, I think the Board of Commissioners can provide a local ordinance to do that, but let's find out what -- which one -- besides the refrigerants, some of them are detrimental to the atmosphere in the layer that protects us, so let's get educated a little bit by a professional, and then I think the Board of Commissioners can determine what is the best way to proceed. So I will coordinate with the county manager, get this presentation to the industry, your presentation, and -- MS. CASEY: Okay. COMMISSIONER HENNING: -- ask the -- and coordinate with the county manager for the board and the public to have a presentation on what you're recommending. MS. CASEY: Okay. COMMISSIONER FIALA: Excellent. CHAIRMAN COLETTA: Okay. Commissioner Halas? Coyle? I'm sorry. How you doing, Commissioner Coyle? COMMISSIONER COYLE: I'm doing fine, I just -- I support Commissioner Henning's motion, and I would just like to clarify one thing. There's two components to this. One is, what does the industry think about it? How are they prepared to help us implement it? And the other part is, what kinds of laws can we pass? Could -- I think I understand what you're saying, is get the industry representatives with staff, have them prepare something for us, then they can come to us and tell us what is logically supportable and how we can get it into law, right? COMMISSIONER HENNING: Right. COMMISSIONER COYLE: Right, okay. I would support that. COMMISSIONER HENNING: And the second thing I think -- I Page 64 February 27, 2007 know they would support some kind of restrictions on the availability of refrigerants to the public. COMMISSIONER COYLE: Sure. And these tools would not exist if they were not already being used by many installers for the purpose of locking those valves. COMMISSIONER HENNING: Correct. In my opinion -- MS. CASEY: I believe those were originally created because people were -- COMMISSIONER HENNING: Stealing Freon -- MS. CASEY: -- stealing Freon. COMMISSIONER HENNING: -- because of the expense. In my opinion I think it would be very easy to install these antitheft devices during services. But again, we need to get -- MS. CASEY: Yes. COMMISSIONER HENNING: -- everybody onboard to do that, and it takes education and sometimes arm twisting. CHAIRMAN COLETTA: Yep. There's some comparison between what we're looking at here and what they've gone through over the past 20 years as far as handguns and guns in people's homes. And I know at several different times local law agencies have come up with locking devices that go on the trigger mechanisms to prevent unauthorized use, especially children getting ahold of them. It might be a possibility, Commissioner Henning, that when you brief your friend on this particular issue, you might ask them, that maybe the industry might want to look into something where they would help to offset the cost, and they could even have a voluntary program to get it going where possibly they might be able to provide so many units for people, especially people that are young families that have children, or a particular neighborhood, maybe target some particular area that could benefit from it. Just a thought. Just wanted to pass that on. We thank you very much for being here today. Page 65 February 27, 2007 MS. CASEY: Thank you. Don't forget to sign my petition. CHAIRMAN COLETTA: Yeah, but the thing is, if it's directing the county to come up with an ordinance -- MS. CASEY: Yeah, that's true. CHAIRMAN COLETTA: -- I wouldn't be able to do it till after the commission passed it. I thought it was in support of doing something as far as a directive for the safety devices. But we'll be dealing with that. Meanwhile, your petition's out there. It will give us guidance as time goes along. But thank you for being here. And Mr. Mudd, I believe we've got an 11 o'clock time certain. Item #9D DISCUSSION OF PROPER ACTIONS UNDER PUBLIC COMMENT OR COMMISSIONER'S COMMENTS AT FUTURE BCC MEETINGS - DISCUSSED MR. MUDD: Yes, sir. That brings us to 9D, time certain, 11 a.m. It's to discuss improper actions under public comment or commissioners' comment at future commission meetings, and I believe this item is yours. CHAIRMAN COLETTA: Yes, and this is one that I asked to be added to the agenda. Let me get to my notes on that. If we could -- this gave me a little bit of concern, and I want to, first off and foremost, say that I don't believe that we've ever done anything wrong in the past as far as ethics go, as far as sunshine whenever it came to votes that we have taken. I mean, this has been a -- the commission has never had a policy in this direction in the six years that we've been here. And even as recently as the one issue that was in question, I have to admit freely that I voted for it to go forward. COMMISSIONER FIALA: I did, too. CHAIRMAN COLETTA: I think we did. I think we were Page 66 February 27, 2007 unanimous in that. And -- but if it wasn't for Mayor Barnett bringing up the issue and taking a look at it and realizing that it deserves consideration and discussion of this commission, that if it wasn't for Mayor Barnett, I don't know if we'd be at point A right now. We wouldn't even probably be discussing this. But it's a fairness issue as far as, what is it that we should notify the public to be able to give them the opportunity to be able to speak at the appropriate time to be able to weigh in? And if an issue of great community importance comes up at that point in time then we're going to try to make a decision on the fly, I got a feeling we're not serving the public well. Although with that said, I do think that whatever we agree to do, we have to take into consideration a couple of things; one, there's going to be times of emergency that we need to act without having to go back out to the public and holding a meeting in the future. Just about everything else could be moved forward to another agenda with due public notice so that we can be able to do it. And if something comes up that falls between an outright emergency and the two weeks away to another meeting, we can agree to be able to have another meeting in several days and call a special meeting that would be duly noticed out there to be able to do the issue out there in front of the public. And with that, we're going to go through all the commissioners one time, then we're going to call on the speakers, and then, if so desired, we'll give the -- give Mr. Mudd directions. Let's see. I didn't catch the order, but I'm going to say Commissioner Henning, Halas and Coyle. I believe that might have been the order you came up. COMMISSIONER HENNING: Mr. Chairman, I have a question for you. CHAIRMAN COLETTA: Sure. COMMISSIONER HENNING: What was your understanding of Page 67 February 27, 2007 the direction that the Board of Commissioners made under a public comment? CHAIRMAN COLETTA: Well, the direction was, is that we were in agreement that the signs needed to go up, but we wanted to have the signs designed and brought back to us. I might be missing part of it -- COMMISSIONER HENNING: Right. CHAIRMAN COLETTA: -- but that was the main part of it. COMMISSIONER HENNING: Just for everybody's information, the Board of Commissioners gave direction to staff to bring back to the board an application to the Florida Fish and Wildlife Commission. That is no different than any city, Naples City councilman to bring up an idea or a city resident to ask their elected officials to take action to bring back on a future agenda. Time and time again, local government gives directions to benefit the citizens of that community. That is no different. I think that the people in Collier County elected the board individually to represent and to take action on their behalf. And I think what you're suggesting -- and correct me if I'm wrong -- is not to allow the privilege of an elected official to give staff direction or take action to represent the public. And if that's so, are you suggesting that the Board of Commissioners should not take action under county manager's comments or county attorney's comments? CHAIRMAN COLETTA: If it hasn't been duly advertised and it's an issue of community importance, no, I think that the direction should be moved off to the next meeting. COMMISSIONER HENNING: Okay. Let me tell you something, what we have on the agenda today, that was added on by our staff, and very appropriately, that is to accept a grant of $3.5 million? MR. MUDD: $3.1 million. Page 68 February 27, 2007 COMMISSIONER HENNING: $3.1 million grant from the State of Florida that has time certains on that. CHAIRMAN COLETTA: But it's on the agenda. COMMISSIONER HENNING: And that was not advertised. CHAIRMAN COLETTA: Well, in that point and case, we have to discuss what the parameters are that we can work on this and what we can do to have some public involvement in it. My whole concern, Commissioner Henning, is very simple. They elected us to represent them, but they have due recourse to be able to come before their elected officials and be able to speak when they think it's necessary. Now, where that line is drawn is something we need to determine here and now, and that's what this discussion is all about. COMMISSIONER HENNING: Well, may I point out to you the memo by the County Attorney's Office. I'm not sure if you read it. CHAIRMAN COLETTA: Yes, I have. COMMISSIONER HENNING: The Board of Commissioners' meetings are advertised. It's advertised with 17 items on there. The Board of Commissioners takes action on those 17 items. And the county attorney -- and Mr. Weigel, why don't you help me by stating what the purpose of the open public meetings are. MR. WEIGEL: Yes, thank you. The public meetings -- I think, first, the question has been relative to the sunshine requirements and what is -- what is government in the sunshine, the law, and how it applies here, and of course it's actually fundamental and simple. CHAIRMAN COLETTA: I'm sorry, Mr. Weigel. I just got to correct one thing. I want to make sure that -- one point. At the very beginning of my statement I said I didn't think there was any ethics violations or sunshine violations, and I need to get that straight right now for the record. So Mr. Weigel, if you're implying that I am saying that -- MR. WEIGEL: Absolutely not. Page 69 February 27, 2007 CHAIRMAN COLETTA: -- I want you to correct that. MR. WEIGEL: No. I was just attempting to respond to the question. COMMISSIONER HENNING: You need to -- he was responding to the question about the purpose of the meeting -- CHAIRMAN COLETTA: Yep. COMMISSIONER HENNING: -- and what it says of items on the agenda. CHAIRMAN COLETTA: Mr. Weigel, proceed. MR. WEIGEL: Okay, thank you. And I think that what I'll be saying is consistent both with Mr. Coletta's initial comment there as well, and that is, the requirements of the law are three under the sunshine law, and that is that there be adequate notice of a meeting given, that the meeting be held in a public facility or with access to the public and that minutes of the meeting be taken. Now, as Mr. Henning indicated, we do have an agenda. This was, in fact, a regularly noticed meeting. But under the sunshine law, a meeting can occur when two or more commissioners or committee members, that have their sunshine law requirements, when two or more members actually get together. But that's not before us today. It's really the procedures at a regularly scheduled meeting. And the essential elements of the sunshine law have been met. We're fastidious about assuring that that occurs. And obviously, really what you're boiling into here is the elements of policy relating to what you want to discuss, and when, and the direction that may be given, and how, to staff when elements of interest, public interest, board interest, come up. And -- but there -- I think it is agreed by all that there is no question in regard to the adherence to the sunshine law as far as that goes. And so any inferences from outside this chamber that there's a violation of sunshine law is incorrect, and that, I think, was the Page 70 February 27, 2007 purpose of the memo that was provided. If you have any other questions, I'll try to respond as best I can. COMMISSIONER HENNING: Well, I think it's important to point out during your correspondence and our conversation, the meetings are noticed for the public to watch government in action. That's part of the -- to participate and watch government in action. MR. WEIGEL: Correct. Observa -- it's the observation of government is what the sunshine law is all about, that every aspect of governmental decision making should be observed and participated in to the extent that the board has local procedure. The attorney general opinions and some of the case law indicate that the participation, in fact, may be a matter of local policy regarding amount of and the entry points of participation. And to the extent that there would be an issue relating to sunshine law, of course, County Attorney Office would always be advising you in the course of meetings as well. Again, I've tried to answer the questions in the broad sense. I'll certainly answer if you should have any further questions in any specific areas you wish to delve into. CHAIRMAN COLETTA: I do, Mr. Weigel. MR. WEIGEL: Yes. CHAIRMAN COLETTA: Sunshine laws aside and everything, this commission, at various times, has agreed to do such things as have a supermajority placed upon certain types of voting to move certain agenda items, land use items, to the afternoon. So it's within the rights of this commission, if they so determine the public's best interest is served, to adjust the rules to be able to serve that public interest. There's nothing stopping us from doing that, is there? MR. WEIGEL: Absolutely not. CHAIRMAN COLETTA: Okay, thank you. That's all I wanted to say, and that's where I am coming from. I'm not making any claims Page 71 February 27, 2007 as far as violations of sunshine or ethics. Commissioner Halas, then Commissioner Coyle. COMMISSIONER HALAS: Thank you very much. When a particular item or items come before us, I have a concern because I feel that as a county commissioner, I like to hear both sides of the story, and when you have a special interest group or special interest groups that come before us and there's no opposition because it's not been advertised, I don't think it's a fair way to conduct government in the sunshine. And I had some very strong concerns about if there was going to be any type of education that was going to be put forth in regards to a request that was asked of us. I looked around the room and, of course, nobody that was property owners that may be affected were here. So I had -- I had to make in-depth questioning of the group that was before us in regards to what they were going to do to help alleviate the problems whereby there might be some properties being damaged, so that was my concern. Commissioner Coletta, I want to thank you for bringing this back before the Board of County Commissioners. Thank you. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: I think we have to place this in the proper context. I believe that most of the concern about what happened is the result of a misunderstanding about how the process works for the county commission. There is a very prescribed sequence of actions. We followed the proper sequence of actions. There is absolutely no question about that. We give guidance every single day to the staff to bring something back at an advertised public hearing that will then be debated with people who are interested in it. That's what happened in this particular case. There was not agreement on the sign itself that was proposed. I specifically raised questions about the sign and what the sign said. I Page 72 February 27, 2007 cautioned that if you're going to do this, you have to do something that is reasonable. And it's not appropriate to go to extremes on this. And what we did was to say to the staff, bring something back to us in a public hearing that is advertised that we then will debate and make a decision on. We didn't do anything more than that, did we, Mr. Weigel? MR. WEIGEL: No, sir. COMMISSIONER COYLE: That's exactly what we did. We do that all the time. The problem is that some people who are not familiar with the process jump to the conclusion that we had agreed to send something to Fish and Wildlife Service without a public hearing. That did not happen. It is not going to happen. It is coming back to a regularly scheduled agenda for public comment and debate, which is exactly the right thing to do. Now, there is another issue that had been used to allege that we took action inappropriately, and that was the linkage fee. That was not an inappropriate action. That was a continuation. We continue things time and time again without advertising we're going to continue it. I t was on an advertised agenda. We looked at it and we said, we think we don't need to consider this right now. It's continued. We will bring it back at some future point in time whenever we think it's appropriate to do that. It was an incomplete study. It did not provide the basis for us to make a decision about an appropriate linkage fee. It did not provide an economic assessment of the impact of charging these very large commercial linkage fees for affordable housing. How could we possibly have made a decision on that? Take, for example, if we did proceed with that and we did have that hearing, and then we have 50 people come before us and make comments, and then the commissioners say, we don't have enough information to make a decision. Page 73 February 27, 2007 Now, what sense does that make? We've wasted everybody's time, and then we send the staff back to get us the proper information, and then we schedule another hearing and we do it all over again. That is nonsensical. Government cannot work that way. And so what we did was we took the proper action in both cases. It has merely been misinterpreted. So I just wanted to make sure we set the stage for this situation and make sure people clearly understand that no decision was made to send anything anywhere. It was guidance to staff to come back with a proposal at a regularly scheduled meeting properly advertised. And that's what you're going to do, I presume; is that not true, Mr. Weigel? CHAIRMAN COLETTA: Did you understand that? MR. WEIGEL: That is correct, with the boat fees on Naples Bay. CHAIRMAN COLETTA: No, no, talking about the linkage fees. MR. WEIGEL: The linkage fee, the direction essentially was -- to staff was to -- not to bring it -- not to bring it forward and advertise it for the ordinance at that point in time, so -- CHAIRMAN COLETTA: We continued it to when, Mr. Weigel? MR. WEIGEL: No. There was no continuation to a further date. Further board direction could indicate for staff or County Attorney Office to, you know, work further on it, but it was not continued to a specific date at all. CHAIRMAN COLETTA: So in fact it was -- ceased to exist at that point in time unless we brought it back with a new proposal? COMMISSIONER COYLE: Continued indefinitely. CHAIRMAN COLETTA: Yeah. So I mean, the idea that it was continued wasn't correct. COMMISSIONER COYLE: Well, yes, it is. If you don't take-- if you don't take action on it, you haven't voted it down, you haven't Page 74 February 27, 2007 rejected it. Your only other option is a continuation. CHAIRMAN COLETTA: What was the vote for it? COMMISSIONER COYLE: Vote for the -- CHAIRMAN COLETTA: What was the word -- what did we vote for as far as the linkage fee? COMMISSIONER COYLE: Was not -- we specifically said, now is not the right time to bring this before the commission and, secondly, it is not a complete study and we don't have all the information necessary to make a decision. We can always bring it back whenever we've got that information. CHAIRMAN COLETTA: I'm sorry, Commissioner Coyle. I must have been asleep at the time this came up. COMMISSIONER COYLE: I'm sure that was the case. CHAIRMAN COLETTA: Yeah, it must have been. Mr. Weigel, do you recall that kind of wording? COMMISSIONER HALAS: I thought it was killed. MR. WEIGEL: Well, the motion was to kill the ordinance. COMMISSIONER HALAS: That's right. CHAIRMAN COLETTA: So I wasn't wrong? We -- without public discussion, public input, killed the motion. The public never got a chance to weigh in on it. COMMISSIONER COYLE: Wait a minute, wait a minute. You can't kill -- you can't kill an ordinance if no ordinance exists. CHAIRMAN COLETTA: Well, what came first, the chicken or the egg? I'm sorry. I'm having an awful hard time. I'd love to think that we -- COMMISSIONER COYLE: The point is -- CHAIRMAN COLETTA: -- continued it. COMMISSIONER COYLE: The point is, if you want to have that ordinance reconsidered -- CHAIRMAN COLETTA: Okay. COMMISSIONER COYLE: -- anybody can do that. We can Page 75 February 27, 2007 bring -- we haven't done anything with the study. We haven't burned the study and ripped out the memory of all those people who participated in it. It hasn't been destroyed. It's still there. You can do that next meeting if you want to. Just get the right information. CHAIRMAN COLETTA: Okay. Thank you. I see where you're coming from now. MR. WEIGEL: If I may, Mr. Chairman, to continue to address. I think there is essential correctness in all statements made here because Jim Mudd had brought up the ordinance in regard to the meeting that was coming up, and he'd noted that he was looking to put that on the ordinance discussion on February 14th rather than 13th, so it came up in terms of timing and placement on the agenda. And the board moved from there to determine not to bring it forward, and so I think both county manager and county attorney understood the motion that was adopted to not bring anything forward. I clarified on the record that that indicated as well not to come forward with the informational discussion that was preliminarily set for January 29th where we were going to bring Affordable Housing Commission, Productivity Committee and the Board of County Commissioners to -- as well the public, to look at it. So, in essence, the direction to staff was interpreted to be to stop going forward in each of the areas that we were utilizing to ultimately bring it to the board in an advertised fashion on February 14th. CHAIRMAN COLETTA: Well, I think you misunderstood, Mr. Weigel. Commissioner Coyle just explained it very clearly, that this is still open for consideration and that we can bring it back at a time that we think's appropriate. MR. WEIGEL: And that is correct as well. CHAIRMAN COLETTA: Okay. Commissioner Henning, then we're going to go to the speakers. COMMISSIONER HENNING: Yes. I believe it was at a public meeting the board directed staff to create a linkage fee. I don't think it Page 76 February 27, 2007 was -- I don't think it was on the agenda as an advertised item, just a point of clarification. You know, I believe we're going down a slippery slope. Here is the board representing one vote; one vote, one voice, and here we are to serve the public, and times that -- we need to make decisions on the fly for the best interest of the public. What I'm hearing is, that isn't what we want to do. We only want to do things -- items that are advertised even though that -- we're on our legal parameters to do so, take action under each item, one through 17, on the agenda. And what this has caused is a member of the public accusing county commissioners of violating law, actually calling county commissioners criminals. Now, this whole discussion has really got out of line because people don't understand the law, making accusations of the Board of Commissioners, and I think that is wrong, and there needs to be a retraction. Ordinances on how this board governs are in effect, and I will not stand for an ordinance change not to serve the public in the best interest. I will not stand for an ordinance change. I think that we need to take action on the behalf of the public whenever the opportunity arises, just like the acceptance of the grants with the county manager, had the most right, and the Board of Commissioners voted on placing that on the agenda. Now, many a times the county manager, during his comments, the board gives direction and actually takes final action on what he has to say. Same way with the county attorney . We give a vote and take final action on what he has to say, and we do that because things arised (sic) that necessarily doesn't have to be an agenda-specific item because it's already on the agenda, staffs comments. And if we did not take that action properly, then I think that would not be serving the public. And furthermore, these are -- these are elected -- we are elected Page 77 February 27, 2007 officials. The county attorney and county manager are contract employees. I will not stand for any commissioner giving contract employees more rights than the elected officials of Collier County. That's it. CHAIRMAN COLETTA: Thank you. And you were clear to the end and then you lost me a little bit, but we'll come back to that later. We're going to go to the speakers now. MS. FILSON: Mr. Chairman, we have six speakers. The first one is Allen Wallburn. He will be followed by Tim Nance. MR. W ALLBURN: Thank you, Commissioners. I thank you for allowing me the opportunity to speak. The reason I'm here is because I understand Commissioner Coletta's concern about you guys doing something that might have been under the cloak of suspicion or being disingenuous as a commission, but the fact of the matter is, you folks, as a body, had no knowledge, no advance knowledge, of the request that was made of you. There was a request made because it was timely in necessity. It could not warrant a date certain in the future because it was a timeliness request. And I don't -- I don't want to come here and lecture you folks, but I want you to understand my position, and I'm going to be as clear as I can -- and some people accuse me of being brutally honest, but I'm going to tell you my position. I don't think you should try to reinvent the wheel. State statutes govern your actions on a daily basis or on a minute-by-minute basis. In my opinion, what you did was no different than Manager Mudd asking you for guidance on an issue. I've listened to numerous governmental bodies saying, can we get a consensus for some action that wasn't on the agenda? That's the only time you folks have a chance to discuss things. If I want something done, I can't necessarily go lobby each one of you, telling Page 78 February 27,2007 you I want to get this done and then have somebody go and ask it be put on an agenda because the timeliness could have evaporated. I would tell you this. If I were in your position and an issue came up, I would evaluate, what's the public gain, what's the public detriment on any particular issue. And if you didn't feel like it was warranted, you easily had the vote to say, we don't want to take this forward, bring it back to us in a proper fashion, but we don't want to hear it. But the case was presented, it was timely, and you felt the need to act. You acted unanimously. And even though the assertion has been made that you did something wrong, you did nothing wrong. You asked your staff to develop a plan, duly notice it, it could be advertised, both sides could advocate their position, could come in and vote it up or down. So I would ask you to govern yourself by state statutes. Don't try to reinvent the wheel here. Don't lock yourself into future decisions that you may not can anticipate this. It's already been done, it's legislated, and I would ask you to kindly continue doing a good job and don't try to do too much. Thank you very much. MS. FILSON: The next speaker is Tim Nance. MR. NANCE: I pass. MS. FILSON: Phil Osborne. He will be followed by Chris Straton. MR. OSBORNE: Afternoon, Commissioners -- morning, excuse me. Phil Osborne, for the record Marine Industries Association of Collier County. I just wanted to -- I can't speak to the linkage fee issue because I wasn't party to that. But relative to the Marine Industry (sic) Association's recent request at the last meeting as done through public comment, there seems to be an assertion that there was some sort of underhanded collusion that this -- our initiative be done under public Page 79 February 27, 2007 comment kind of like under the cloak of darkness rather than through public petition. And I want to be clear that I personally met with Commissioner Coyle prior to that meeting on the 13th to get instructions on how to properly bring this motion to this board. And I left -- I was instructed by Commissioner Coy Ie at that meeting to contact County Manager Mudd and to request that it be put in under the public petition portion of your all's agenda. I left that meeting and called commissioner -- or excuse me -- County Manager Mudd and was told, unfortunately, that I had missed the cutoff. There's a law. I think it's 13 days prior. I had missed it by one day. The sense of urgency that the Marine Industries Association had to bring this issue before this board is so that we get some positive movement on our motion prior to the FWC making its ruling on the city's request for the signage application, and that is simply and purely why we chose then. The next avenue to get it out in front of you was through public comment, period. We were not directed -- and I want the record to reflect that we were not directed by anybody on the commission that the MIACC, again, act in some cloak of darkness position to bring this thing forth. We understand fully that bringing this forth under the public comments sections was simply going to get it out on the table for discussion and serve notice, and it would then be put on the agenda for the next meeting for the public to come and have their comments. So with that, I'll thank you for hearing me again. MS. FILSON: The next speaker is Chris Straton. She'll be followed by Bill Barnett. MS. STRA TON: Thank you. My name is Chris Straton. I'm president of the League of Women Voters of Collier County. The League of Women Voters is committed to openness and responsiveness in government. You, this commission, have worked Page 80 February 27, 2007 very hard to gain and maintain the public trust. In fact, you've demonstrated time and time again how you value the input from your constituents in your decision making. And that was why we were dismayed to see the openness of county commission proceedings appear to be compromised recently when votes were taken that had not been specifically advertised as part of the agenda and thus precluded the public's ability to provide you with the input that you so desire. The League has no position on linkage fees or boat speeds. Let me repeat that. The League has no position on linkage fees or boat speed limits. The issue to the league is one of openness in government. We have been and will continue to be advocates for an open and responsive government. We have spoken out on this because we wish to see the BCC operate fully and openly with advance notice to the public so the public has the opportunity to provide input into your decision-making process. We believe it's far better to postpone the people's business and have it duly noticed than for the people to lose an opportunity to petition their elected officials. We urge you to ensure that in Collier County, the people's business is not only conducted in accordance with a letter of the Florida sunshine law, but also with the spirit of the law. We are pleased that you're considering this subject and urge you to take action as soon as possible to prevent any more votes from taking place in circumstances when your usual public notice and public hearing processes have not occurred. You have made a point of providing detailed opportunities and agendas for the public's benefit. We urge you to continue to do that. Thank you. CHAIRMAN COLETTA: We have two commissioners that have indicated they wanted to speak. I'm going to ask you if you Page 81 February 27, 2007 wanted to speak now, or can you wait till the speakers finish? COMMISSIONER HENNING: I have a question. CHAIRMAN COLETTA: Go ahead, Commissioner Henning. COMMISSIONER HENNING: In our advertised agenda it was noticed that all persons wishing to speak on the agenda must register prior to speaking. The speaker must register with the county manager prior to the presentation of the item. The question for Ms. Filson is, has anybody signed up for this item prior to -- or after this discussion started? MS. FILSON : Yes, sir. One person. COMMISSIONER HENNING: Okay. MS. FILSON: Mr. Barnett. COMMISSIONER HENNING: Now, are we going to -- Mr. Chairman, are we going to follow the board's ordinances or are we going to allow that? CHAIRMAN COLETTA: Commissioner -- or excuse me. Ms. Filson. Is that a directive as far as an ordinance, or is that at the will of the chairman? I know in the past the chairman set the amount of time that people could speak, allowed people to sign up before. And I have no idea who it is that's signed up. MS. FILSON: I'll defer that to the county, however, I don't think so, but it is listed on the front of the agenda. MR. WEIGEL: Thank you, Sue. It's policy of the board. And obviously, the chair works with the prerogative, and the board as a board has the opportunity to take motion and vote in regard to procedure as well. CHAIRMAN COLETTA: Okay. I have exercised in the past that whenever we had people sign up late that I allowed them to keep taking them. I think Ms. Filson would agree with that, that's been the policy since I became the chair. If somebody would like to address that differently, I'd be happy to talk about it. But in this case, if it is the prerogative of the chairman, then I would -- whoever that speaker Page 82 February 27, 2007 may be, for or against the item, I would still like to give them the opportunity to be heard. Commissioner Coy Ie, then Commissioner Henning. COMMISSIONER COYLE: Yeah. I'd like to ask Ms. Straton a question, please. We still seem to have a disagreement here. You seem to think that we did something that prohibited and bypassed public comment, and I do not believe that's the case, and I think we need to get to the bottom of that issue. You understand that we have scheduled this for a public hearing, don't you? MS. S TRA TON: Scheduled this item right now? COMMISSIONER COYLE: No. We scheduled the item that you complained about, the boat speed, Naples Bay boat speed. MS. STRA TON : Yes, I understand that. COMMISSIONER COYLE: And so we're not shortcutting any public input. People will have an opportunity to see what it is we are suggesting, and they will have a chance to provide us with input and we can get reactions from the public. So there is no attempt here or nor was there attempt at that meeting to shortcut public input. MS. STRATON: Commissioner Coyle, I am responding to what was reported and the comments that were provided through the quotes in the newspaper. Since this was not an advertised subject, I did not have the -- was not able to watch the entire commission meetings where the actual item was discussed. COMMISSIONER COYLE: Okay. MS. STRATON: So I am responding based on what was reported that happened in your meeting, and also the correspondence between Commissioner Coletta and Mayor Barnett. COMMISSIONER COYLE: Okay. The -- with apologies to the newspaper, it is impossible for them to report all of the nuances of what we do here from time to time -- MS. STRATON: Oh, certainly. Page 83 February 27, 2007 COMMISSIONER COYLE: -- and making judgments about the ethical conduct of commissioners based upon those kinds of media descriptions is sometimes very dangerous. But if -- do you accept the fact that it is coming back for public review and comment? MS. STRATON: That is my understanding from the discussion that's gone on today, that it will be coming back for public review and comment. COMMISSIONER COYLE: And that was the decision we made back at that meeting, that it would come back for public review and comment. So that's not something we've done just as a result of the controversy. That was the original intent of the vote was to bring it back at a regularly advertised public hearing for debate. MS. STRATON: Okay. COMMISSIONER COYLE: So that's what we're doing, that's what we did at that time. So we didn't do anything wrong. MS. STRA TON: And let me clarify . You know, I'm not -- and the League is not saying that there has been an ethical or a legal problem. What we are saying is that you have worked so hard to establish trust and -- with your constituents, your town hall meetings, you go out of your way to provide advertising, very detailed agendas, the availability of all of the backup material on the Internet. You have done an outstanding job, but there were issues that happen very quickly where it appeared that the public did not have an opportunity to know that a specific item was going to be addressed and, therefore, the public did not have that opportunity to present you with the information representing all the sides. Collier County is very far ahead of other counties in terms of its openness. All we're saying is, you have such an outstanding track record. You're doing a good job. We would like to see that that continue and that issues of critical importance to the community don't get handled under something called Board of County Commission -- and I can't even remember the terminology. Page 84 February 27, 2007 COMMISSIONER COYLE: Correspondence, I think -- MS. STRATON: Correspondence. COMMISSIONER COYLE: -- or public comment, either one. MS. STRA TON: Or public comment. So that's the concern, is, you know, we would like you to -- to continue to embrace the openness that this county commission has, and we just felt that, you know, it warranted a timeout. Let's look at it. And I know by virtue of the questions that were raised by the county commissioners at the time of the linkage fee, there was concern expressed at that time. And so, you know, it was when -- several things got reported, so COMMISSIONER COYLE: Okay. Just quickly, and then we'll move on. But you understand that we don't want our hands to be tied in -- from a standpoint of being able to serve the public. Let me tell you that on many occasions under public comment a citizen will come in here and complain about something, whether it's garbage pickup, it's noise at night. We constantly make decisions based upon those things without public hearing, and we want to have the flexibility to continue doing those things. We will frequently say to the county manager, instruct Waste Management to stop picking up the garbage before four o'clock in the morning in these neighborhoods. We do that all the time and we do it for the public -- the ability to respond quickly to the needs of our constituents. We don't want to restrict our ability to do that. Following the logic in this case, we would have to take that item, we would then schedule it, perhaps, two weeks from now as a public hearing, and then we would have a public hearing on whether or not we could give direction to the staff to solve the problem. It is an unnecessary delay in responding to the citizens' needs, and that's what we do not want to see happen. MS. STRATON: Nor do we. Page 85 February 27, 2007 COMMISSIONER COYLE: And that's exactly what this was. MS. STRATON: Okay. COMMISSIONER COYLE: And it's coming back for a hearing. There is absolutely no problem with that. The problem is, people do not understand the way the process works. We do provide opportunities for this. CHAIRMAN COLETTA: And I'm going to interrupt for a moment here because this conversation is getting dragged out and a little repetitive. Let's take it back to the linkage fee. And I apologize so much for the misunderstanding. I thought for sure at the point in time that came down the directive was to kill it, to end all things. I didn't realize we were moving it forward. And with that in mind, I owe everybody here an apology. COMMISSIONER COYLE: Well, let me say that it was very, very clear that I said now is not the time to burden the community with these huge additional charges. We've got an economic problem here in Collier County. Now is not the time to do it. And I further added, we don't have all the information. And so, yes, we voted to kill the scheduling of the hearing that was proposed. Never did anybody say that you can never bring up a linkage fee . agaIn. CHAIRMAN COLETTA: And if I may? COMMISSIONER COYLE: Yeah. CHAIRMAN COLETTA: This is one of the things that's driving this whole process, as you can almost guess. The linkage fee that we had, that study that was done by Dr. Nicholas, was, what would be the amount that would be legally defensible, because that's previous instructions we gave with all impact fees. The number came off in the stratosphere. I would have been very happy with an amount of $4 a square foot, but we never got the chance to discuss it. I'd like very much the permission of this group to bring it back so that we can at least hear from everyone and be able to Page 86 February 27, 2007 discuss some of the merits of what can be done. COMMISSIONER COYLE: With one provision, I would agree with that. Let's have somebody do an economic analysis of the effect of the linkage fee and provide us a reasonable range that they would recommend as acceptable considering the economic conditions in Collier County and the size of the impact fees and everything else. CHAIRMAN COLETTA: And I'm going to jump in front of you, Commissioner Coyle. I love where you're going. If you're making a motion to move that to a future agenda -- COMMISSIONER COYLE: It's not on the agenda so we can't do that. CHAIRMAN COLETTA: No, but we can move it to the next, an item for discussion. If you're making a motion to move it to a future agenda, the next one or one after, to be able to discuss it, I'd be very supportive of it. COMMISSIONER COYLE: No. I would -- I would be willing to support it whenever we get a complete study that contains the information that -- CHAIRMAN COLETTA: We've got to give directions on that. COMMISSIONER COYLE: Okay. I don't have a problem doing that. CHAIRMAN COLETTA: Okay. Then if that's a motion to move it to the next -- a future agenda, then I'll second your motion. COMMISSIONER COYLE: Okay. But I don't -- I don't know that we need motions. We just -- CHAIRMAN COLETTA: Direction. COMMISSIONER COYLE: You just decide on direction. CHAIRMAN COLETTA: You got it. But it's going to a future agenda for discussion. Do we have another commissioner that agrees with it? COMMISSIONER FIALA: I didn't want to hear it until after we heard inclusionary zoning. I stated it that day. Page 87 February 27, 2007 COMMISSIONER COYLE: Then put that as a qualification. CHAIRMAN COLETTA: Yeah, put that as a qualification. You agree to that? COMMISSIONER COYLE: I would, but please understand that what we're asking for is a complete study that evaluates the economic impact in Collier County and a reasonable range -- COMMISSIONER FIALA: Yes. COMMISSIONER COYLE: -- that would not adversely effect -- CHAIRMAN COLETTA: Amen. COMMISSIONER FIALA: Not a stupid -- COMMISSIONER COYLE: -- the economy. COMMISSIONER FIALA: -- amount that nobody could even think of. CHAIRMAN COLETTA: Oh, yeah. And Commissioner Coyle, you're a genius. And I second exactly what you said -- COMMISSIONER COYLE: I understand that. CHAIRMAN COLETTA: -- with what Commissioner Fiala -- not second. Direction. Pick up the direction. I agree with your direction. And Commissioner Fiala, obviously you agreed with it because you're the one that put the words into it. Am I putting words in your mouth? COMMISSIONER FIALA: I'll agree to it as long as that's the case. CHAIRMAN COLETTA: Okay. Commissioner Halas? COMMISSIONER HALAS: What's that? CHAIRMAN COLETTA: Just say yes, and I'll let you go to lunch in a couple minutes. COMMISSIONER HALAS: Yeah, I didn't know whether you were calling -- CHAIRMAN COLETTA: Well, you're out of sequence, but go ahead for a brief statement on this particular direction. COMMISSIONER HALAS: Yeah. I'd like to have the county Page 88 February 27, 2007 attorney -- on that item that came up on communications in regards to the linkage fees, I'd like to get a copy of the minutes of that, okay? MS. FILSON: I can do that. COMMISSIONER HALAS: Myself. CHAIRMAN COLETTA: But that's kind of past now, that's okay. Now we got some direction out there. I'm feeling a lot more comfortable that the process is being solved on a lot of things. We've still got speakers to go. Commissioner Fiala, let me go to Commissioner Henning. He's been waiting the longest -- COMMISSIONER FIALA: He's the one -- CHAIRMAN COLETTA: -- then we'll come back to you. COMMISSIONER FIALA: You can wait till after the speakers for me. CHAIRMAN COLETTA: Okay. COMMISSIONER HENNING: I have a question for Ms. Straton. Since you base your information on the Naples Daily News, did you read in the Naples Daily News the controversial workforce housing tax gets axed by Larry Hannon on January 25, 2007? MS. STRATON: I probably read the Naples Daily News. I read it every day. COMMISSIONER HENNING: Right. At that time, Mr. Hannon said in his article, Commissioner Halas -- Commissioner Coletta expressed some unhappiness about the commissioners taking a stand when it wasn't on the commissioner's agenda. MS. STRA TON: Well, I'm taking off my League of Women Voters' hat. COMMISSIONER HENNING: No. You're here on behalf of the Women League (sic) of Voters, and I just want to further say, in that article it says, the county attorney, David Weigel, said the Board of Commissioners could vote to kill the linkage fee even though the Page 89 February 27, 2007 issue was not on the agenda. You do recognize he's an attorney, right? CHAIRMAN COLETTA: We're repeating ourselves, Commissioner Henning. Please get to the point. COMMISSIONER HENNING: No, sir. This person has named me as a criminal. CHAIRMAN COLETTA: And-- COMMISSIONER HENNING: Took in criminal actions in your editorial, and it needs as to be retracted. And I will not stop here about that issue. CHAIRMAN COLETTA: Okay. If I may help a little bit, Commissioner -- COMMISSIONER HENNING: Even though you clarified your statement, it is not a retraction in the publication that you put your guest editorial in. MS. STRATON: Commissioner Henning, I really don't know how to respond to it. I'm sorry you took that article as accusing you of being a criminal. That was never the intent and, you know, I'm surprised that it came to that point. If it would make you feel better, I'd be glad to say it was never our intent to accuse you of being a criminal. We do think that openness in government is important and that openness is allowing the sun to shine on -- COMMISSIONER HENNING: Let me quote -- MS. STRA TON: -- specific things. COMMISSIONER HENNING: -- from your guest editorial, that these two actions were not done in the sunshine. CHAIRMAN COLETTA: Commissioner Henning, you've made a point, a very valid point. MS. STRA TON: That's correct. COMMISSIONER HENNING: Yes. Now, I am not going to allow somebody to accuse Commissioner Fiala, Commissioner Coletta, Commissioner Halas or myself, Commissioner Coyle, of Page 90 February 27, 2007 taking action out of the sunshine. I will send the League of Women Voters an official request for a retraction. CHAIRMAN COLETTA: And I think that's your right to do that, Commissioner Henning. MS. STRATON: I think that's fine. All right. CHAIRMAN COLETTA: And I think we have explored this thing. We have dissected it to the nth degree. I still have other speakers to speak. You have made very good points, and I don't think there's a commissioner here that didn't agree that those comments were appropriate. And I made that in my opening statement and several times during the statement. COMMISSIONER HENNING: Correct. CHAIRMAN COLETTA: Okay. COMMISSIONER HENNING: Commissioner? CHAIRMAN COLETTA: I hear you, Commissioner Henning, but I want to be able to bring this to some sort of conclusion. COMMISSIONER HENNING: I understand that. CHAIRMAN COLETTA: You're repeating yourself over and over again, and I hear you. And give them a chance to be able to respond after they take it back to their meeting -- COMMISSIONER HENNING: Ms. Straton did respond. CHAIRMAN COLETTA: I would expect a group response would be more appropriate, because you've got the written article in the paper that they've written, and at that point in time you can make a judgment decision, and if you want to bring it back before the commission, that is your prerogative. Or if you want to take independent legal action, that is your prerogative. But at some point in time, we have to get on with this meeting. Meanwhile, you have exercised what you believe to be your right of free speech. Now, where the civil ends of that go, I can't tell you. There are certain things that you can do and you can't do. And I'm an Page 91 February 27, 2007 attorney and I'm not going to advise you on it. But I'm going to end this conversation between the two of us, and if you want to conduct it outside, that's fine, or if you want to do it with open correspondence back and forth, that's fine. But I think all the points have been made by everybody concerned, and I'm going to excuse you from the podium at this point in time. And we're going to call the next speaker. MS. FILSON: The next speaker is Mayor Bill Barnett. He will be followed by Nicole Ryan. CHAIRMAN COLETTA: Mr. Barnett, it's indeed a privilege to have you here today. MA YOR BARNETT: It is indeed my privilege to be here. CHAIRMAN COLETTA: Are your council meetings this much fun? MAYOR BARNETT: You know, I thought so for a minute, but then I'm not feeling that good right now. Thank you. I do appreciate the fact, Chairman Coletta, that you did bring this up. I think the bottom line issue and why we had this -- our correspondence was it's really under public comment. And Fred Coyle, I can't disagree with you. Of course we'd take action if somebody calls and said, you know, change the garbage pickup or they're waking me up at four a.m. in the morning, but those kinds of actions are basically -- and as you well know from serving on the city council, and the same as you, you just look over at staff and say, address this, please, and it's taken care of. The -- and again, I want to stick on this. It is not the issues, okay? It is not about the Naples Bay drafting. And obviously that was an important issue, so to speak, during public comment, otherwise I don't think we would have had two public speakers here today defending the timeliness, et cetera, of that issue. So all I'm asking is, certainly think a little bit during public comment of what the consequences could be, because it happens to us Page 92 February 27, 2007 as well, that someone might have very well weighed in on that particular point we're talking about today and said, well, here's why you probably -- or might not have asked the county attorney or staff to draft whatever it is that they're drafting. It's not about the issue. It's just about the public. And basically that's what I wanted to say. Also, Commissioner Henning, with all due respect, I understand your frustration to some extent, but you also mentioned my name in an email that said, it appears the Women League (sic) of Voters and Naples Mayor and others want to stifle residents of Collier County, et cetera. Certainly that is not my intent. Once again, my intent was, that's certainly not stifling anybody, it's just simply thinking about only during public comment taking action. That's all. And of course, you have to be the determinant of what action you take. That's all I have to say. I really appreciate you bringing it up, and thank you. CHAIRMAN COLETTA: Thank you, sir. MS. FILSON: And the next speaker is Nicole Ryan. She will be followed by Chuck Mohlke. MS. RYAN: Good afternoon, Commissioners. For the record, Nicole Ryan, here on behalf of the Conservancy of Southwest Florida. And I'd like to thank the commission for taking this item off as a procedural policy issue. I was not here when the discussion on the specific boat speed zone issue came up. I didn't know it was going to come up, so I was not attending the meeting. I can't comment on what went on. I will make the general observation that though you didn't take final action, staff direction was given and, perhaps, if others had been aware of the issue, different perspectives could have brought in and that might have changed your staff direction. I don't know, but I just bring that up on that issue. But looking at this issue as a more procedural policy level Page 93 February 27, 2007 discussion; one of the most important aspects of open transparent government is the ability for the public to have notice that items are going to come up for discussion and for vote by the commission. The Conservancy, in our obligation to represent our 6,000 members, we rely not just upon county staff communication and communication with commissioners to know that agenda items are coming up, but also to be able to look at the agenda and see what specific items are going to be discussed so that we can give input through written correspondence and through attending the public hearing. There are always instances where, under commission correspondence or public comment, items will come up, and that's certainly not illegal. It certainly isn't appropriate. But it's really fair to the public for that to be brought forward for the discussion on a regularly scheduled agenda. We don't believe that the public should have to attend every meeting, wait till the end of the agenda, find out if there are new issues coming up to be voted on, and then try to get their public comment in and react on the fly. So we believe that there is a process in place. It's through the public petition, and we also believe that there's a process where commissioners can bring things up on the agenda for a future agenda date. An item that is important enough to be voted on really should have the proper vetting through that public process, and we ask that you discuss ways to not hamper government but be able to really make this more of a public vetting so that everyone can give their perspective to help you make a fully informed decision. Thank you. MS. FILSON: Your final speaker is Chuck Mohlke. MR. MOHLKE: Commissioners, honoring Commissioner Henning's point of privilege, I will not repeat my remarks at this point Page 94 February 27, 2007 in time. I've submitted them in email form to you, Commissioner Coletta. And I wonder if you will share them with -- CHAIRMAN COLETTA: I'll send them forward. MR. MOHLKE: I believe that would be entirely appropriate. COMMISSIONER HENNING: Mr. Chairman, if I may? CHAIRMAN COLETTA: Yes, sir. COMMISSIONER HENNING: I agree, I don't think it's the privilege of the chairman. I think it's the privilege of the board to deviate from the procedures as set out in the ordinance. I agree that we should allow it. My only point was that we're not going by our agenda, that's all. So I wish that you would ask Mr. Mohlke to speak on the item on the agenda, what he has signed up for. CHAIRMAN COLETTA: I'm sorry. What item were you talking about? You were referring to the agenda item when you -- the communications, which I haven't seen yet, by the way. MR. MOHLKE: My name is Chuck Mohlke. I'm a resident of District 4. I'm going to read these comments, if I may. They are, I think, on the point that commissioners have put on the agenda today for considerations. If it pleases this honorable commission, I appear here to share my concern with board members regarding any future -- any future board actions that may be taken on matters of considerable public interest. The current interest and votes taken by commissioners on subjects that had not been advertised specifically, specifically, on regular commission agendas raises another important question, and the question is, how can county residents propose independently an ordinance or a resolution for consideration and adoption by the Board of County Commissioners? Currently, persons petitioning the board at its meetings during the public comment period have no assurance that any board action will result from their efforts to urge the board to consider those matters Page 95 February 27, 2007 only the Board of County Commissioners can act on. In Florida, residents of counties like Collier County with no charter provision for citizen initiatives do not have a clear path for proposing ordinances or resolutions for enactment by their Board of County Commissioners. It's my hope that commissioners will provide county residents with specific guidance as to how reasonable, well-crafted ordinances or resolutions proposed by residents can be given some guarantee that their proposals will be brought before the board at an advertised meeting for public discussion and board consideration and action. And I thank the board in advance for consideration of this proposal. Thank you very much. CHAIRMAN COLETTA: Thank you. Thank you very much. Commissioner Fiala, and then I have some brief comments. And I thought this was a wonderful discussion, by the way. I gained a lot from it. Commissioner Fiala? COMMISSIONER FIALA: Yes, when something is brought up under commissioner -- or rather under public comment, I think that we always discuss it. We listen, we discuss. Many people can't even get up to talk in other parts of the state and other parts of the country because they -- nobody is even allowed to point, you know, present their own comments. When something is brought up to us and it's confrontational, we discuss it a little bit, and we always try and bring it back. When -- or -- and we'll continue to do that, I think, forever. That's the way our-- that's the way we operate. In other cases where it's brought up from the community and there's a time limitation and it's for the benefit of the entire community, we take action immediately rather than lose an opportunity, such as this -- Jim Mudd is bringing up today. There's no way we could have advertised that in advance. We know it's good for Page 96 February 27, 2007 everybody. It's the best thing all the way around for our taxpayers, so naturally we're going to hear it and vote on it. We advertise the public hearing to hear our constituents' concerns, and if needed, to take action, and that action can, and most of the time is, to bring it back, as in the best speed speech -- or the best spode beat (sic) issue. Yes, we wanted to hear from our people, and there was a time limitation, and, yes, we told our county manager to put something together so we could come back and advertise it and hear it. So I think that there was maybe a misunderstanding as to our action being final and nobody allowed to weigh in on it. We always want to hear from the city on these things, especially because it affects them. That could be confrontational, so we've just asked to bring it back. We did not make a decision as to what the final outcome would be, but we wanted to see what the information was. And the same, we had long discussion about the linkage fee. I personally said on the record there that it would be the thing -- it would put young businesses, mom and pop businesses, out of business faster than a Wal * Mart could. I remember saying that on the record. And I had grave concerns with the amount that was presented, and I wanted to hear the other housing issue, inclusionary zoning first. That doesn't mean that it's dead. It just means at that time we were killing it so -- until a more appropriate time. COMMISSIONER HENNING: And it's not dead yet. COMMISSIONER FIALA: But it's not dead yet. That just says we're bringing it back at another time. Fred Coyle on the record said that day he wanted to make sure that we had all the information. I think Commissioner Henning said something about the information, but I know I did, too. CHAIRMAN COLETTA: Well -- and I'm going to jump in front of Commissioner Coyle for just a moment. I gained a lot from this Page 97 February 27, 2007 particular exchange. I really did. One thing, we have exercised considerable due process in the past, and we will exercise even more due process in the future. I don't think we need to be able to have to write down rules and regulations to the nth degree where we -- COMMISSIONER FIALA: We're already doing them. CHAIRMAN COLETTA: -- have to look at them and -- well, when you write them down to the point, you can never cover all eventualities that are going to take place. But this has been extremely healthy in the fact that it made us aware of the fact that if we do vary from the process, that there's people out there that feel like they've been lost. The biggest thing that happened today was the fact that we have a very good understanding of what took place at that one meeting with the linkage fees. As you well realize, that was a very contentious issue for me to deal with, even though I never would have agreed to anything near that number. And the fact that we agreed, the fact that it's going to be coming back in the future for discussion at a well advertised meeting, to me that's a tremendous step forward, the fact that we know that we have to do due process on everything we're doing. And so I'm very, very pleased with this commission. I'm sorry Commissioner Henning got his feathers ruffled today. I'm sorry that the League of Women Voters had to go through a third degree, but I think we're all a little smarter and a little richer for it, for what we all had to endure. Commissioner Coyle? COMMISSIONER COYLE: Yeah, something really very interesting just happened. Mr. Mohlke made a perfectly valid observation and a request. We can't, under your procedures, even consider a discussion of it right now. We cannot provide staff with guidance to even research it. So now, if you want us to consider it, Mr. Mohlke, you've got to Page 98 February 27, 2007 come back in a public petition, and then you tell us the same thing, and then we can provide guidance to the staff. But we can't provide guidance now under the provisions that you have suggested to us. Just an example of how difficult and delaying and inefficient your suggestions and operations -- suggestion of our operations are. So that's where we are. It exemplifies the entire issue. And if it's something that you're really interested in, it's not going to get done anytime soon. Okay. CHAIRMAN COLETTA: 1: 15 we're going to come back from lunch. We're breaking now . We'll be back at 1: 15. (A luncheon recess was had.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, Commissioners, you have a hot mike. Commissioners, this brings us to our p.m. advertised items. Item #7 A RESOLUTION 2007-45: CU-2006-AR-I0550 - COLLIER COUNTY DEPARTMENT OF FACILITIES MANAGEMENT, REPRESENTED BY HEIDI WILLIAMS, OF Q. GRADY MINOR & ASSOCIATES, P.A., IS REQUESTING A CONDITIONAL USE IN THE ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.01.03. G.1.E AND SECTION 10.08.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE TO ALLOW A SAFETY SERVICE FACILITY THAT WILL BE LIMITED TO AN EMERGENCY MEDICAL SERVICES FOR A PROJECT TO BE KNOWN AS THE EMS STATION #73, THE SUBJECT PROPERTY CONSISTING OF 2.23 ACRES, IS LOCATED AT 790 LOGAN BOULEVARD NORTH- MOTION TAKEN TO ACCEPT CCPC RECOMMENDATIONS AND ADD EMS POLICY FOR SIREN USE AND TO BUILD A WALL ALONG WITH A Page 99 February 27, 2007 LANDSCAPE BUFFER ON SOUTH SIDE OF PROJECT - DENIED; ADOPTED W/STIPULATIONS The first item is 7 A; used to be 8B. This requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's conditional use 2006-AR-l 0550, Collier County Department of Facilities Management represented by Heidi Williams of Q. Grady Minor & Associates P .A., is requesting a conditional use in the Estates zoning pursuant to section 2.01.03.G.1.e and section 10.8.0 of the Collier County Land Development Code to allow a safety service facility that will be limited to an Emergency Medical Services for a project to be known as EMS station number 73. The subject property consisting of 2.23 acres is located at 790 Logan Boulevard North in Section 4, Township 49 south, Range 26 east, Collier County, Florida. CHAIRMAN COLETTA: Okay. Would all those that wish to speak to this subject, I'm going to ask them to rise at this time, be sworn in by the clerk -- I'm sorry -- the reporter. Please stand. (The speakers were duly sworn.) CHAIRMAN COLETTA: Thank you. And no disclosures are required on the part of the commission on this -- no, I'm sorry. This one here. MR. MUDD: Yes, sir. Ex parte, yes, sir. CHAIRMAN COLETTA: Oh, it is. MR. MUDD: Yes, sir. CHAIRMAN COLETTA: Forgive me. Okay. We'll start off with Commissioner Coyle. COMMISSIONER COYLE: Okay. CHAIRMAN COLETTA: 8B. COMMISSIONER COYLE: Mr. Chairman, I have received correspondence from members of the Vineyards Community Association and I have talked with staff about this item. Page 100 February 27, 2007 CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: Yes. The ex parte I have on this is, I had correspondence, talked with staff, and also had some emails, and anybody that's interested, it's in my folder here. Thank you very much. CHAIRMAN COLETTA: And I also received correspondence on this. Commissioner Fiala? COMMISSIONER FIALA: Yes, correspondence, emails and spoke with staff. CHAIRMAN COLETTA: Okay. MR. MUDD: Thank you. MS. WILLIAMS: Thank you. Good afternoon, Commissioners. We're here this afternoon to discuss conditional use 2006-AR-I0550. This is a request for a Collier County EMS station number 73. My name is Heidi Williams. I'm a senior planner with Q. Grady Minor & Associates in Bonita Springs, Florida. Also with me today are representatives from Collier County EMS, Collier County Facilities Management, and Q. Grady Minor & Associates. We have Ron Hovell with facilities management, Michael Delate with Q. Grady Minor. The property that we're here to discuss today is located on the southeast comer of Vanderbilt Beach Road and Logan Boulevard. The property is 2.23 acres that is currently zoned Estates and is also located in the Estates future land use district. MR. MUDD: Want it on now? MS. WILLIAMS: Yeah, thank you. You have a conceptual site plan in your public information materials. Some of the factors that we considered are, the site itself is partially impacted. It's the previous location of a single-family home that has been removed. The facilities management and EMS require a 5,000 square foot Page 101 February 27, 2007 station that has two vehicle bays, bunk rooms, kitchen facilities and offices in support of one emergency response unit. We are proposing one access point onto Logan Boulevard, we are proposing a native vegetation preserve area that far exceeds the county's 10 percent requirement for this site, and we are also noting on our conceptual plan that any clearing that is not necessary for exotic vegetation removal or site development will not be removed. There are four criteria to consider for every conditional use approved in Collier County. The first item to consider is consistency with the GMP and the Land Development Code. Based on this location in the Golden Gate Estates, it is covered by the Golden Gate Area Master Plan, and that plan does allow EMS stations by conditional use. The Land Development Code further allows those by conditional use, and all of the structures that we propose are going to be consistent with all of the development standards contained within the Land Development Code. The second criteria to consider are ingress and egress to the property. We feel that the full vehicular access will allow full turning movements onto Logan Boulevard from this site, and those will be adequate for the call volume anticipated from this location. Our trip generation and studies that are provided -- or information provided by EMS is that there will be an average of five emergency response calls to this site per day plus our normal coming and going of employees, which I think is an average of 10 trips per day. So this access should fulfill all the -- all the need for access to the point -- to this site. Regarding potential impacts to neighboring properties. Of course, the big one is noise. And that is a little difficult to read, so I apologize for that. It is our assertion that the five emergency trips per day will have a minor impact on -- regarding noise on neighbors. They will be Page 102 February 27, 2007 isolated and brief impacts and only when absolutely necessary . We had lengthy discussion with both neighbors and the Planning Commission regarding this, that it is EMS policy that sirens are not used every time the vehicle leaves the station. They are only when required, such as when traffic needs to be cleared in front of them, but certainly not in the middle of the night. We do have adequate buffering proposed. Regarding glare, all lights on site will be required to shine on the site itself and not into neighboring properties. There are no anticipated impacts from economic or odor, any factors from those. The final criteria that the board needs to look at is compatibility with adjacent properties. We have seen across the county that EMS stations and fire stations, and in neighborhoods across the country actually, are good neighbors to residential developments. They are an essential service for the county, and so we do feel that they're compatible. This area is located in a very transitional location. Although it is the Estates districts, on one side we've got Island Walk, which is a relatively dense community. We have two major roads that border the site, and on actually the east side of this property is a Collier County sewage pumping station. And the fact is that more growth is anticipated for this area. We'd like to thank staff and the Planning Commission both for their recommendations of approval. Planning Commission actually was unanimous in this recommendation. There are several stipulations that went back and forth, and we just would like to put on the record some clarifications. The first item is number three in your executive summary, and it is regarding the access point. Collier County transportation staff would -- has requested an access point onto Vanderbilt Beach Road. EMS does not feel this is necessary for their operations, the safe Page 103 February 27, 2007 operation of their vehicles or their employees. And I have an exhibit that I'd like to put on the visualizer showing the travel movements from this site. It's a pretty basic diagram, but it demonstrates that all of the movements from the site can be accommodated from this one access point. A secondary access would be egress only for eastbound movement onto Vanderbilt Beach Road. And we feel that's a -- really an unnecessary cost to the project. Anyone using that would have to circle the entire building on site and then turn east, when you can see that it's -- it is accommodated by turning into the turn lane right onto Logan and east on Vanderbilt. I know that staff is not in agreement that that's unnecessary, and I'm sure they will want to respond to that. The Planning Commission did recommend removal of that stipulation, so that would be left for you to decide today. The next stipulation is one that staff had in place and was -- the Planning Commission recommended removal of the stipulation. It has been removed, and I just wanted you to be aware that it was included. Our discussion centered on this being, again, an unnecessary cost. Staff had requested an additional mast arm signal, and that was approximately a $100,000 additional cost to the project. And so we -- I wanted just to highlight that that was in, but it has been removed. The third condition I wanted to talk about is number six in your packet regarding the landscape buffer located along the south side of the property. The site is bordered by a residential home. The proposed EMS station and the existing home are in very different locations, and I'd like to put an aerial up for you to look at. In this aerial you can see the impacted area where the single- family home on our site used to lie, and you can see the existing single-family home. Page 104 February 27,2007 Our impact area is largely going to be centered as far west on the site as possible. Staff initially recommended a six-foot high wall along the entire property line to go beyond the single-family home to the south. During the Planning Commission meeting, we discussed the fact that there are wetlands that occur very near that property line and that we are trying not to go through any South Florida review if possible. And an agreement was -- well, the Planning Commission came up with some revised language. And we wanted to put on the record today that EMS really anticipates following the Land Development Code regulations when they're budgeting for their sites. They would prefer that no wall be required at all, that a hedge -- a six-foot hedge be, you know, per code, be allowed to be in that location. They feel that this provides an adequate buffer. They feel that it is more ecologically friendly; however, the compromise is acceptable if you feel that it is necessary to have the wall up to the jurisdictional wetland line. There were three conditions that were added by the Planning Commission. One was that our site plan be revised to address the clearing impacts, what would be cleared and what wouldn't. And we have placed a note on our conceptual plan. One was to limit the height of our garage doors to 12 feet, and we are amenable to that. And the third was that if this station were ever to be used for a non-EMS function, such as fire, that that would require a conditional use amendment, and we were also amenable to that. So in summary, we request your favorable review of this petition today. It is consistent with the Collier County Land Development Code and GMP. We feel that it is compatible with the area, and we certainly think it's necessary to provide good EMS response for the citizens of Collier County, and I'd be happy to answer any questions. CHAIRMAN COLETTA: Okay. We'll start off with Commissioner Fiala, then Commissioner Henning, then Commissioner Page 105 February 27, 2007 Coyle. COMMISSIONER FIALA: Yes. Now, you say that you project about five trips a day. One of the letters that we received from someone, Laura Pacter, said that this station is going to be built within 100 feet of the North Naples Fire Station. Why, to handle five trips a day, wouldn't we just tuck that in as part of the North Naples Fire Station and save the taxpayers oodles of money? MS. WILLIAMS : Well, respectfully, I believe that letter is referring to a proposed station where the fire district only just purchased the property located at Oakes and Vanderbilt Beach Road. That is significantly further than 100 feet. We recognize that -- COMMISSIONER FIALA: How much further? MS. WILLIAMS: It might be a quarter mile. So when we were -- when -- and I might have to refer to EMS to answer this question. But I know that EMS is a service that is countywide, and fire stations are broken down into different districts. And sometimes their stations can overlap in functionality, and there are stations that do that; however, in this particular instance, it was not something that could be agreed upon. We've been moving through this process for six months now, and the current calls in this location are not -- the intended response time is eight minutes or less. And there are a lot of calls in this area that are not meeting that right now, so this was a critical location for EMS to move forward. COMMISSIONER FIALA: I'm not arguing that EMS move forward or that they're in this location or even safety for all of our residents and as quickly as possible. You have five calls a day -- you project five calls a day. That's five people that they're going to get to faster. I'm just saying, couldn't we conserve our dollars and put them together, is my point. Maybe there's something that isn't being said here, something that I don't understand. Okay. Thank you. I've Page 106 February 27, 2007 gotten a nod from somebody who knows. Thank you. MS. WILLIAMS: Well, if you'd like, Chief Page is here from EMS, and he could respond to that further. COMMISSIONER FIALA: Okay. MR. MUDD: Do me a favor and swear in Mr. Page, first. (The speaker was duly sworn.) CHIEF PAGE: For the record, Jeff Page with EMS. We had purchased this property in mid March. It's 2.4 acres. And the price was 250,000 that we purchased it from transportation. In March 30th, we informed the fire chiefs at the fire chiefs' meeting that we had this property and we identified both Golden Gate and North Naples the opportunity to collocate. Originally they both indicated they were very interested. In late June we met with North Naples, had some design changes. September they sent a letter indicating that they were prepared to draw a lease together, and then in October they indicated they had purchased this other piece of property. So we feel if we were to change this now, it would set us back maybe as much as a year. COMMISSIONER FIALA: Thank you. CHIEF PAGE: And also, I draw -- if you can see the -- if I can intensify that somewhat. The dots around that station where the star is, that's where our call volume is exceeding our response time limit. COMMISSIONER COYLE: Which star are you talking about, Jeff? MR. MUDD: This is the star where you're going, and all of these brown dots are where you're having problems with times; is that correct? CHIEF PAGE: That's correct. Their station is further down Vanderbilt west of that. And I'm not sure exactly the mileage, but I think it's in excess of a mile. I'm not sure what conditional use problems they may encounter where they're going. But we're so far down the line. We still offered that opportunity to them as recently as Page 107 February 27, 2007 October. But part of the issue with North Naples is, that location is not in their district and they wanted to purchase land that was inside their district. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Thank you, Mr. Chairman. I believe I needed to give disclosures. CHAIRMAN COLETTA: Yes, yes. COMMISSIONER HENNING: Since I was late. I did receive a letter from the Vineyards homeowners' associations, I did speak to a resident on this issue, and I've received some correspondence from our staff. I talked to Mr. Page and Mr. Summers on this issue. But I want to expand upon what was said. The board hasn't approved a potential conditional use for North Naples Fire Department nor do anybody -- I'm sure anybody here doesn't know whether they submitted a petition for a fire station. But I want to speak about the response times. And I have three points here that I need to cover, Mr. Chairman. I'd like to see the map on the response times. It's showing the -- and correct me if I'm wrong. The response times on Immokalee Road is exceeding the standards that the board has adopted? Mr. Page? CHIEF PAGE: Yes, sir, that's correct. COMMISSIONER HENNING: Okay. Now, North Naples has a fire station on Immokalee Road. Do you not have a unit in that station? CHIEF PAGE: No. We were not able to collocate with them there. We're currently seeking to buy some property right at Immokalee Road and Goodlette. COMMISSIONER HENNING: Okay. Wow. That is a problem. Is it true that the -- there is a policy for -- as far as EMS stations or ambulance, how they respond to it, whether they use the emergency sirens or not? Page 108 February 27, 2007 CHIEF PAGE: There is a general order addressing that. COMMISSIONER HENNING: Okay. Is that a board policy? CHIEF PAGE: It's not an ordinance, no. COMMISSIONER HENNING: Okay. The board doesn't adopt that, so that could be changed at any time, correct? CHIEF PAGE: Correct. COMMISSIONER HENNING: That's what I thought. The inters __ is -- when talking to transportation, are you aware if that intersection is going to be approved -- improved on Logan Boulevard and Vanderbilt? CHIEF PAGE: I wouldn't have that information. COMMISSIONER HENNING: Okay. Number three, your consultant stated that the board -- the Planning Commission changed their minds about the transportation's request for another entrance on Vanderbilt. Did I hear that right or -- MS. WILLIAMS: I can clarify that. Heidi Williams, for the record. Staff had recommended an egress point onto Vanderbilt Beach Road, and the Planning Commission recommendation of approval removed that stipulation; however, transportation staff still does request that stipulation. COMMISSIONER HENNING: Okay. Here's what it says, number three. The -- and it is the Planning Commission's recommendation. I think they took a vote on it. The application shall coordinate with transportation staff. Install an egress point from the site of Vanderbilt Beach Road during the SDP process. So you're saying that's not true? MS. WILLIAMS: Let me look at the executive summary. The executive summary -- and I could go back to the minutes as well of that meeting. The commissioners discussed staff recommendations and voted to eliminate the following recommendations. The applicant shall coordinate with transportation planning department staff to install an egress point from the site to Vanderbilt Beach Road at the Page 109 February 27, 2007 time of SDP review. COMMISSIONER HENNING: Right. MS. WILLIAMS: So they did vote to remove it, however, it is remaining in your draft resolution because staff would still like to see that in there. COMMISSIONER HENNING: Okay. So it's just reported wrong in our agenda? I guess. MS. WILLIAMS: I think it's one thing that we need to clear up with any motion made today, is whether or not this board agrees that should be remaining as in the resolution or not. COMMISSIONER HENNING: Okay. And then the -- I guess the site plan could change, correct or -- unless we put it in the ordinance of where the location of the fire -- or the EMS station is on the property. I agree with your statement about -- you know, question, whether there really is a need for the wall. But I guess there would be a need for the wall if there was -- EMS station was further back. MS. WILLIAMS: This is largely the location that would be allowed. Any major modifications would require an amendment to the conditional use. The Land Development Code contains some criteria of how much modification can be made administratively. COMMISSIONER HENNING: Okay. MS. WILLIAMS: There are notes on here regarding the preserve, the acreage is calculated, notes regarding clearing. Substantial changes would not be -- COMMISSIONER HENNING: Okay. Is this an exhibit? MS. WILLIAMS: This is an exhibit to the resolution. Any changes based on any action taken here today would be modified before the resolution was recorded. So this may not be the final attachment, but this is our most current. COMMISSIONER HENNING: Okay. Great, thank you. Mr. Chairman, I guess we just need to clarify the Planning Commission's recommendations from our staff, or per the county Page 11 0 February 27, 2007 attorney's. CHAIRMAN COLETTA: Would you want to request that? COMMISSIONER HENNING: Well, they haven't got up to speak yet, and I just -- I think it's important that they clarify it. I'm sure they will when our staff member on this item will come. CHAIRMAN COLETTA: Rather than wait, Commissioner Henning, would you like to address that now? COMMISSIONER HENNING: No, we can wait. CHAIRMAN COLETTA: Okay. COMMISSIONER COYLE: I'm ready. CHAIRMAN COLETTA: What we'll do is, we're going to go to Commissioner Coyle. We do not have any speakers on this. COMMISSIONER COYLE: Yeah, I would like to get those clarified, but could you please put that diagram or that aerial photograph on the overhead and indicate to me where the jurisdictional wetland line is. MS. WILLIAMS: This isn't an aerial, however, this is an exhibit that we have showing the site and Logan Boulevard being -- COMMISSIONER COYLE: And that orange line is a jurisdictional wetland line? MS. WILLIAMS: This is not actually verified by the Water Management District, which is why it's not on the conceptual plan, but you can see how close it comes to our estimation. Based on environmental reports and based on engineering information, how close that does come to our intended impact area. Ifwe cross into jurisdictional wetland, we go through a much more extensive permitting process that we're trying to avoid. So we would propose that the wall end and not impact those wetlands. That would just delay any approval for use of the site. And, you know, we don't want the environmental impacts either. COMMISSIONER COYLE: Now tell me where you think the wall would terminate. It would start out on the left -- lower left-hand Page III February 27, 2007 corner somewhere and then it would go where? Can you indicate on this diagram generally where that wall will terminate? MS. WILLIAMS: (Indicating.) COMMISSIONER COYLE: It would terminate there just at the beginning of the arc for the -- for the property that is to be developed, right? MS. WILLIAMS: It is difficult to indicate, because that is an estimation of the wetland line. And until that is verified, it's difficult to commit how far that wall would go. We can put it on the edge of the pavement. I think we've talked a lot back and forth whether it would go in the IS-foot landscape buffer. If it does, I don't -- if it needs to be in that IS-foot landscape buffer, I don't think it serves the purpose because it obviously would end much closer to Logan. COMMISSIONER COYLE: And the purpose is to provide buffering to the house -- the property south of this station. Now, if you can get me that aerial photograph there, let's try to -- yeah. Do you have something you can put on the visualizer? MR. MUDD: Yes, sir. COMMISSIONER COYLE: Okay. Let's try to transfer the start point and the end point of the wall to this particular photograph. Can we estimate that? MS. WILLIAMS: You can see this is where the single-family home ended. Our impacts would go a little further. I am not exactly sure where the wetland line would be on this aerial, but it is down in this location. COMMISSIONER COYLE: Okay. MS. WILLIAMS: The single-family home to the south is much further east than our intended impacts. COMMISSIONER COYLE: Now, has anyone talked with the owner of the single-family home to find out if a wall that terminates at that point would serve any purpose whatsoever? Page 112 February 27, 2007 MS. WILLIAMS: We've not had any requests for this wall from anyone other than staff. We have not had any correspondence from this property owner whatsoever. COMMISSIONER COYLE: Now, is that because staff feels it is necessary in order to be in conformance with our Growth Management Plan and the Land Development Code? MS. WILLIAMS: I would actually defer to staff to answer that question. COMMISSIONER COYLE: Okay. MS. GUNDLACH: Good afternoon, Commissioners. For the record, I'm Nancy Gundlach, principal planner for the zoning and land development review department. And regarding your question about the wall, it is a minimum code requirement. COMMISSIONER COYLE: Okay. Well, let me just give you my reaction here. If it's a minimum code requirement, we're obligated to require it. On the other hand, if the property owner to the south does not think it is necessary and we could do it with a buffered hedge of some kind, then I'd be consider -- I'd be willing to consider some kind of variance. But I wouldn't do that without hearing from that property owner. MS. GUNDLACH: I don't know if it's helpful for you to know this information, but I was out there probably about six weeks ago, and that particular property is up for sale. COMMISSIONER COYLE: Well, it's still important. MS. GUNDLACH: Okay. COMMISSIONER COYLE: It's going to be important to somebody there, either the seller or the new owner. And until I can make a decision on waiving that requirement, I would have to hear from the owner of that property. Now, let's very quickly go through these stipulations, because as Commissioner Henning has pointed out, they are very confusing. And Page 113 February 27, 2007 I'm going to try to make it -- simplify this a bit. We have a list of nine recommendations on page 4 of the executive summary. Item number three is supported by staff but it is not supported by the Planning Commission. MS. GUNDLACH: Actually item number three is not supported by the Planning Commission -- I'm sorry. It's not supported by the Planning Commission but transportation staff desires that ingress/egress onto Vanderbilt Beach Road. COMMISSIONER COYLE: That's just what I said, okay. MS. GUNDLACH: Okay. COMMISSIONER COYLE: And then four and five are supported by both the Planning Commission and the staff. Number six is merely a limitation on the length of the particular wall. Seven, eight and nine are supported by both the Planning Commission and the staff, but the commission voted to eliminate one recommendation which talks about a preemptive signal system, which is not mentioned anywhere at all in these recommendations. So either we must add that to these recommendations or overrule the CCPC recommendations. MS. GUNDLACH: I believe on the page before that it talks about staff -- transportation staff and the CCPC being in agreement about eliminating that particular condition for approval. COMMISSIONER COYLE: Okay. So both the staff and the CCPC have agreed? MS. GUNDLACH: Yes. COMMISSIONER COYLE: The only point of disagreement then is what is numbered number three on page 4 of the executive summary? MS. GUNDLACH: Correct. COMMISSIONER COYLE: So we only have to resolve that one contradiction? MS. GUNDLACH: Yes. Page 114 February 27, 2007 COMMISSIONER COYLE: So we have to pick a side. Okay. MS. GUNDLACH: We have transportation staff available today to discuss this with you if you would like. COMMISSIONER COYLE: Right. And still item six is -- I don't know how we resolve that because we don't have the information necessary to reach a final conclusion in my opinion, but nevertheless. Okay, that answers all of my questions. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes, I'm sorry. What still troubles me is that we don't have any type of a policy to like collocate any of these facilities. We keep talking about consolidation of fire and EMS and how we're trying to encourage that and how we hope that's happening, but yet we're building more EMS stations instead of collocating them to the people that they want to become a part of anyway. CHAIRMAN COLETTA: If I may. COMMISSIONER COYLE: Okay. CHAIRMAN COLETTA: I'm going to jump in. I'll come right to you, Commissioner Coyle. I agree with you. This is one of the concerns I mentioned to Mr. Mudd when I got a preview on this. Here we're trying to give reasons for the fire departments to merge to consolidate, meanwhile we're operating outside of the spectrum and we're not really forcing the issue together. COMMISSIONER FIALA: Yeah. lfwe started-- CHAIRMAN COLETTA: You've got a good point, Commissioner -- COMMISSIONER FIALA: --- consolidating them -- CHAIRMAN COLETTA: -- Fiala. COMMISSIONER FIALA: -- now so that when the consolidation of fire stations take place and then -- and EMS becomes a part of it, they'll already be collocated. And now we find that they're Page 115 February 27, 2007 going to build -- or looking to go shop at another piece of the property yet, at Goodlette Road and Immokalee, and so we're going to build another one where there's possibly a fire station within close distance. I just think it would be such a better policy. CHAIRMAN COLETTA: I agree. Commissioner Coyle, go ahead. COMMISSIONER COYLE: Clearly it would be. The point is, we have no control over the fire departments. The fire departments are independent. They have refused so far to consolidate. They have refused to show any progress whatsoever in pulling together to consolidate EMS. We cannot wait for them to provide adequate care for the people of Collier County. COMMISSIONER FIALA: I'm not suggesting that. I'm saying, why don't we put together a policy or at least a thought to go forward to try and collocate these? COMMISSIONER COYLE: We have done that and we can't force them to agree with it. If they want to do something different, they do it. We have no -- we can't write a policy that controls the fire departments. COMMISSIONER HALAS: Fire district. COMMISSIONER COYLE: Or fire districts. They're independent. We can't write a policy that requires them to consolidate. If -- we've offered them the opportunity to consolidate. We have the land to consolidate on, and they did not accept that. They might have good reasons for that, I don't know. But the point is, we can't allow ourselves to get involved in a debate with the fire district before we take action to try to provide adequate EMS services to our population. People can die during the process. I would -- I would prefer that we proceed as quickly as possible to get adequate coverage everywhere we need it in the county, and we should continue to offer the fire districts the opportunity to consolidate with us. But if they choose not to consolidate with us, there is nothing Page 116 February 27, 2007 we can do about it. COMMISSIONER FIALA: They've done such a good job over there across from Grey Oaks. COMMISSIONER COYLE: Yeah, yeah. COMMISSIONER FIALA: But we've got them consolidated. I know that EMS works out of some of the -- some of the East Naples stations, and they work so well together, and there's always harmony there. I just felt it was such a tax savings. But okay, fine. I'll-- CHAIRMAN COLETTA: And I'm going to weigh in one more time. I don't think you're off the mark. At some point in time we've got to massage this thing, if not necessarily force it, to start coming together. Ifwe keep building these stations far removed from EMS stations, that's going to be a -- from fire stations, that's going to be an argument when it comes down for consolidation that it won't work because you're spread out across the map. COMMISSIONER FIALA: And because it's costing more money because they have to buy the stations or something then. CHAIRMAN COLETTA: Yeah. I agree with you. It's a real Issue. COMMISSIONER FIALA: Thank you for the agreement. CHAIRMAN COLETTA: Go ahead with the presentation. MS. WILLIAMS: I was all finished. CHAIRMAN COLETTA: Commissioner Henning, you've still got a question. You want to save it a little longer or did you get -- no, you haven't got the light on, but you mentioned it earlier, and I wanted to make sure you -- COMMISSIONER HENNING: It was answered. CHAIRMAN COLETTA: Okay. Thank you. MR. MUDD: Is there anything else that you would like to -- MS. GUNDLACH: Yes. There's something I'd like to place on the record. I have a correction I need to make. In regards to the question about whether or not the wall is Page 11 7 February 27, 2007 required by minimum code. I just remembered the base zoning here is Estates. A wall's not required because the base zoning is Estates. Normally in another district it would be required because you have a non-residential use next to a residential use. In this case it's not. Staff requested it because we felt that it would help make this particular emergency management services station more compatible and have less negative impacts on that neighbor to the south. CHAIRMAN COLETTA: Okay. Let's close the public portion of this meeting. Commissioner Coyle? COMMISSIONER COYLE: Then I -- just on that one issue, then I would suggest that we save the money, not build the wall, but make sure that there is a good vegetative buffer between this building and that private home. I mean a really, really good vegetative buffer. MS. GUNDLACH: Our minimum code does require a type B buffer, which is that six-foot tall hedge with trees 25 feet on center. In my professional opinion, that would work well, too. COMMISSIONER COYLE: Okay. CHAIRMAN COLETTA: And I'm sorry, Commissioner Coyle, are you -- COMMISSIONER COYLE: I'm finished. CHAIRMAN COLETTA: You were. Before we go to Commissioner Henning, I'm going to make a comment, and then we can get discussion going further. Commissioner Fiala, I do share what you're saying, very much so. And I also have a concern over providing adequate protection. COMMISSIONER FIALA: Right. CHAIRMAN COLETTA: But somewhere along the line we've got to have a balance. The truth of the matter is, we know that everyone's got a little beast to mount there, and we've got one here in the county with our independent fire districts and with our own EMS. They're very, very protective of what they've got, and this is never Page 118 February 27, 2007 going to take place in a willful merger when the time does come unless there's certain criterias and elements in place to make sure it happens. And I'm sure that down the road very shortly we're going to be talking about it on the '08 ballot maybe having an issue about consolidation, but we're not even close to that. But meanwhile, I'm still troubled by this. I would even entertain discussion over the possibility to continue this while staff goes back to see if they can bring some reason to this to bring our fears down. It's going to take a supermajority vote to pass this, correct? MR. MUDD: Yes, sir. CHAIRMAN COLETTA: Okay. That's where I'm leaving the discussion at the moment. Commissioner Henning, then Commissioner Coy Ie. COMMISSIONER HENNING: Well, see, I personally have a problem with that because you don't know the schedule of the fire department. We cannot hold the fire department to come to the board at a certain time for a conditional use. In the meantime, we have a health, safety and welfare in this area. I t was mentioned that it would take a conditional use to change the use of this building. Now, there are many needs, public needs. Could it be used for something else? I don't know. But it's really not something to be discussing now. But it's really not a waste if the board approves for an EMS station. I do have concerns. I hope it will be addressed in the motion. But I think it's prudent that the Board of Commissioners move forward with that project for the health, safety and welfare of the citizens in this area. CHAIRMAN COLETTA: Are you making that a motion? COMMISSIONER HENNING: Well, here's my concerns before I make a motion. There's a policy by EMS about how the staff uses the emergency sirens. I would like to see that policy a part of the Page 119 February 27, 2007 stipulations of the conditional use because the board has no control over that, and there is concerns that was relayed to I think all the board from the Vineyards. That's one thing. The other thing is, this site, the station is going to be forwarded -- is at an intersection. That intersection is going to produce traffic. That intersection, I would imagine that the EMS vehicle would have to try to clear that traffic with the siren. So I agree with you, you know, some vegetation. I believe that we need some kind of vegetation just because of this case, vegetation of a wall, to help buffer that noise. And I would think it would have to be at the fairly westerly side of the building to the property line further west. That's one thing that I would see. And I think that we need to stipulate the building, where it's going to be on the site, because that can change, and I want to make sure that what is stated, what the feeling is, is where the building's going to be located, is part of the record and part of the conditional use. So with that, I make a motion to approve with the Planning Commission's recommendations, that the policy of EMS be attached to the conditional use, and that is the use of emergency sirens, that a -- that a wall buffer be part of the landscape buffer from the end of the westerly part of the building to the west of -- to the west of the property line, and that would be on the south side of the property. Nancy, is that understandable? MS. GUNDLACH: Yes. Yes, it is. COMMISSIONER HENNING: Okay. And that's part of my motion, and I'm willing to add anything else. COMMISSIONER FIALA: Two points of egress? COMMISSIONER HENNING: The two points of egress -- you know, I don't know if that's a real concern because at -- Logan Boulevard they could get to all different ways. They could go south, Page 120 February 27, 2007 north, east or west. If an egress is on Vanderbilt Beach, then they can only go east. So I'm not -- I don't know if that's really necessary and also, it is taxpayers' money that we're using to do this. CHAIRMAN COLETTA: Commissioner, I have a question. COMMISSIONER HENNING: Yes. CHAIRMAN COLETTA: Could we try for a second first? COMMISSIONER HALAS: Well, that's what I'm -- that's where I'm going. CHAIRMAN COLETTA: You're going towards it. COMMISSIONER HALAS: You're saying in your motion that you want to put up a concrete wall also; is that correct? COMMISSIONER HENNING: Correct. COMMISSIONER HALAS: Correct. Okay. I will second that with that because that combination of concrete wall and buffer vegetation, I think, will enhance the property to the south here so that this person doesn't get hit with a lot of noise, if there is any siren noise. So I will second that motion. CHAIRMAN COLETTA: Okay, fine. We've got a motion and second. And let's see. You were next to speak, Commissioner Halas, or is that what you wanted to speak about? COMMISSIONER HALAS: We've got everything taken care of. That's -- my question was the wall buffer. CHAIRMAN COLETTA: Thank you. Commissioner Coy Ie? COMMISSIONER COYLE: I would have supported the motion except for that. A six-foot wall is going to do absolutely nothing with respect to siren noise coming from an ambulance. And furthermore, it will delay the approval of this project an unspecified amount of time because of the wetland impacts and it will dramatically increase the costs, not only the capital costs of building a concrete wall for that entire distance, but it will also increase the ongoing maintenance because we'll have to maintain the wall, we'll have to maintain the Page 121 February 27, 2007 vegetation of the wall. It just complicates things for no discernible reduction in noise. So I -- if it gets -- well, I'm not going to vote for it because of that reason. I think it's an unnecessary expenditure of taxpayer money. CHAIRMAN COLETTA: And Commissioner Henning, before I go to Commissioner Fiala, did you want to address that? COMMISSIONER HENNING: Yeah, I do. And if Heidi -- if you can put in the exhibit of the site plan. And let's put that exhibit into the -- part of the motion. CHAIRMAN COLETTA: Second agree? COMMISSIONER HALAS: Yes. COMMISSIONER HENNING: Commissioner, if you take a look -- Commissioner Coyle, if you take a look at what I'm proposing -- and Heidi, if you could help me, or Nancy, the far west of the building, would you point that out? COMMISSIONER COYLE: No, that's east. COMMISSIONER HENNING: Yes. To the property line, which would be at the right about there, if we deviate from the code because it -- actually, the landscaping buffer needs to be around the perimeter of the building, correct? Nancy, can you help me? MS. GUNDLACH: Yes, there is some buffering around the building, and there's always buffering required along that southern property line between the EMS station and the residents to the south. COMMISSIONER HENNING: Correct. Then can we -- can the board deviate in the motion by saying the landscaping buffer to the north is not required, and would that help Commissioner Coyle in his decision in this process? Because if you eliminate a -- actually the landscaping is more maintenance intensive than a wall. You see what I'm saying? COMMISSIONER COYLE: Yeah. Let me make sure I understand. The wall you're talking about -- and by the way, the wall is not required by code? Page 122 February 27, 2007 COMMISSIONER HENNING: Correct. COMMISSIONER COYLE: Okay. That's something we're adding here. But the wall that you're suggesting will go from the dotted line on the left side of this diagram to the, you said, western side of the building. COMMISSIONER HENNING: Correct. COMMISSIONER COYLE: Which would be about right where it is now? COMMISSIONER HENNING: Where the pen is, yeah. COMMISSIONER COYLE: Yes. Now, that would serve -- and in my opinion, it would serve no useful purpose because the homes that we're buffering are much further to the right, and so it would not provide any help at all to the homeowners. COMMISSIONER HENNING: But what we're doing is buffering the noise. COMMISSIONER HALAS: Coming out of the building. COMMISSIONER HENNING: Commissioner Halas is an expert in sounds. Oh, he is. I'm serious, he's an engineer in sound noise. And taking education from Commissioner Halas, you want to put the buffering at the point of the noise emitter. COMMISSIONER COYLE: Well, experts or no experts, I can tell that you a 30- foot wall is not going to buffer that siren. COMMISSIONER HALAS: Thirty-foot wall? COMMISSIONER COYLE: Well, that's about what it's going to be. CHAIRMAN COLETTA: Length, the length. COMMISSIONER COYLE: The length of it, yeah. Maybe 30 feet high and 30 feet long might. COMMISSIONER HALAS: I thought you were referring to a 30-foot wall. When you said a 30-foot wall, I was considering that you were talking about height. COMMISSIONER COYLE: No. What's going to happen is this Page 123 February 27, 2007 fire truck is -- or the ambulance is going to be coming out of the driveway and they're going to take a look at the traffic on the road. They will be well out of the entrance to this property and well beyond the wall, then they start sounding a siren, and they're only going to do it hopefully if there's traffic there, and I just don't see the point of the expenditure of a wall. It just doesn't serve a purpose. CHAIRMAN COLETTA: Ifwe could, we're assuming things. Mr. Page, would you step forward, please. Is that correct, the siren wouldn't be turned on till you got to the road? CHIEF PAGE: Well, one of the things that we agreed with transportation is to have a preemption device in that signal there at Vanderbilt and Logan which would give them a green so there wouldn't be a need to break that traffic with the siren. CHAIRMAN COLETTA: Okay. So then they wouldn't be using the siren regardless. So what we've got here is where we won't use the siren and a wall that people haven't asked for on the other side; is that correct? CHIEF PAGE: Correct. CHAIRMAN COLETTA: I've got to agree with Commissioner Coyle. You know, we -- I think it would be an unneeded expense that will do nothing to add to the dimensions of the living conditions of the people around there. Commissioner -- let's just see. Commissioner Fiala, who's been waiting very patiently. COMMISSIONER FIALA: Yes, Jeff? CHIEF PAGE: Yes, ma'am. COMMISSIONER FIALA: Now, I was just going to ask the commissioners -- never mind. I was going to ask the commissioners if they would have waited till next meeting so we could hear from North Naples Fire Department and find out why they didn't want to work with us. Page 124 February 27, 2007 CHAIRMAN COLETTA: There you go. COMMISSIONER FIALA: I thought that would have been a good idea, but I'm just -- CHAIRMAN COLETTA: You know, all of a sudden, I'm beginning to think that you might have something. Make everybody think about it one more time. Why wouldn't we want to do that? Anyone give me a reason? COMMISSIONER HENNING: Yeah. CHAIRMAN COLETTA: Go ahead, Commissioner Henning. COMMISSIONER HENNING: Yeah, on the agenda six months ago the board approved part of a settlement agreement that -- giving the option for North Naples to locate at this station. They chose not to. They chose to buy a house on three acres for a million dollars down the street. That was their choice. So obviously they're not interested whatsoever to locate there. CHAIRMAN COLETTA: Have you directly talked to them? Who communicated with them? COMMISSIONER HENNING: I mean, I didn't, but why would they purchase a piece of property for a million dollars just a quarter of a mile only to collocate in this one? That doesn't make sense to buying that million-dollar piece of property. They're not going to locate there. Now, they might if you turn down their conditional use and it hasn't been applied to yet. I don't know. CHAIRMAN COLETTA: In other words, force the issue? COMMISSIONER HENNING: You know, I'm going to amend my motion. Does anybody have a problem with locating all the landscaping on the south side? COMMISSIONER COYLE: I'd like to see some -- it's important to landscape on the street side. Maybe not as much. COMMISSIONER HENNING: Okay. COMMISSIONER HALAS: So you want to pull your motion as far as the sound wall in regards to just landscaping? Page 125 February 27, 2007 COMMISSIONER HENNING: Yeah. I just see it not going, and I think the most important part is health, safety and welfare issue. That is the most important part, and I'm going to do what I need to do to get that put in here, because it is needed. MS. GUNDLACH: Commissioners, may I interrupt? I just had a point I wanted to make about the wall and the landscaping. The original intent of why we put that -- we requested this as part of this conditional use was not just because of sirens. I mean, you're going to hear sirens over that wall anyway. This is a 24 a day -- 24-hour, seven-day operation, and it will have impacts on the neighbors, and the wall will help in terms of mitigating for that 24/7 day -- 24-hour, seven-day operation. CHAIRMAN COLETTA: Wouldn't an extensive vegetative buffer do the same thing? MS. GUNDLACH: Well, the -- what we originally had was a wall with landscaping, a wall with a hedge and trees, and we requested that because we felt that that was best. CHAIRMAN COLETTA: A wall that's really not needed because the sirens won't be going, the neighborhoods haven't requested, that might be better? I'm-- MS. GUNDLACH: Well, you know, there's glare and light impacts. It's an operation that's going on through the night. COMMISSIONER HALAS: Noise. CHAIRMAN COLETTA: I know, but then again, too, a vegetative buffer could be six-feet high in time, eight feet, you know, without too much difficulty. I don't know. Commissioner Coyle, let's hear from you. You're the one that started this conversation. COMMISSIONER COYLE: This is getting more and more complicated. I'm almost in Commissioner Fiala's camp in saying, hey, forget this. Come back some other time. I don't feel like talking about it much longer. Page 126 February 27, 2007 There's a wall because it's required by code. Now it's not required by code. Now it's because we thought it would be nice. But we're still not going to build it along the entire southern boundary which means it really won't do what you want it to do. You're only going to build it to the back of the building. That doesn't protect the homes from the south because the south homes are beyond the site line of that particular wall. You know, this makes no sense to me, and we're wasting a lot of time. And either we get to the bottom of this thing and get it approved or I'm going to vote just to continue it till we get our stories straight. CHAIRMAN COLETTA: Okay. We've got a motion on the floor by Commissioner Henning that includes a vegetation buffer in place of a wall, also it incorporates all the Planning Commission's motion -- or recommendations along with staff recommendations. Am I correct, Commissioner Henning? COMMISSIONER HENNING: No. The original motion stands because I did not remove that motion and we didn't confirm from the second one -- the second whether he agrees to the amended motion. CHAIRMAN COLETTA: Okay. COMMISSIONER HENNING: My motion stands as stated. CHAIRMAN COLETTA: Okay. So the motion is for the wall? COMMISSIONER HENNING: The motion is -- and I'll restate it -- Planning Commission's recommendations for the policy statement to be attached to the conditional use, for the site plan exhibit to be attached to the conditional use, the wall from the westerly side of the building to the westerly property on the south side. CHAIRMAN COLETTA: Okay. And I -- before I go to you, Commissioner Halas -- Mr. Weigel, if this motion fails, it doesn't prevent a second motion being made that might have a different element to it; is that correct? MR. WEIGEL: That's absolutely correct. CHAIRMAN COLETTA: Okay. Commissioner Halas? Page 127 February 27, 2007 COMMISSIONER HALAS: I just wanted to make sure that we still had the wall in there and the vegetation, a combination of the two. CHAIRMAN COLETTA: Okay. That's fine. COMMISSIONER HENNING: Yeah. CHAIRMAN COLETTA: Commissioner Coyle, then hopefully we'll be able to take a vote on it. COMMISSIONER COYLE: Yeah. Just one quick question. What is the cost of building that wall? COMMISSIONER HENNING: It's a hundred dollars a linear foot. COMMISSIONER COYLE: And how many linear feet are we talking about? MS. WILLIAMS: We haven't measured. For the record, Heidi Williams with Grady Minor. But from the property line to the building itself, it has probably 70 feet, and I believe somewhere in the range of $100 to $200 per lineal foot. So it is -- we certainly will build that if it is your desire, but I think I agree that that is not going to change the impacts to the general area. COMMISSIONER COYLE: So we're talking about at least $7,000 for something that you don't think will really benefit anything. Okay. CHAIRMAN COLETTA: Okay. So we have a motion by Commissioner Henning, a second by Commissioner Halas. We heard everything we're going to hear on it and everyone has spoke their piece. No other comments. Good. All those in favor of the motion, indicate by saying aye. COMMISSIONER HALAS: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? Aye. COMMISSIONER FIALA: Aye. COMMISSIONER COYLE: Aye. Page 128 February 27, 2007 CHAIRMAN COLETTA: Okay. The motion fails. Do I hear a second motion? COMMISSIONER COYLE: Motion to approve with a type B vegetative buffer on the south side of the property line from the west most edge of the property line to the beginning of the jurisdictional wetland line. All other vegetative buffering as prescribed by code and with all of the recommendations on page 4 of our executive summary, with the exception of number six, would be included. CHAIRMAN COLETTA: Okay. And do I hear a second? I'll second it for conversation. Commissioner Henning, what's missing from this other than the wall? COMMISSIONER HENNING: Well, it's missing the policy statement. COMMISSIONER COYLE: I would add that, all right? COMMISSIONER HENNING: It's missing the site plan exhibit. CHAIRMAN COLETTA: Okay. MS. GUNDLACH: Commissioner, the site plan's automatically included as part of this. COMMISSIONER HENNING: As an exhibit? MS. GUNDLACH: Yes. COMMISSIONER COYLE: I would be happy to include the policy on the use of the siren, if that's what you had in mind. CHAIRMAN COLETTA: And the second includes it also. COMMISSIONER HENNING: It was just a question by Commissioner Coletta. I don't know if I'll support it. I find it ironic that the petitioner would jeopardize a majority vote by a statement of objecting to a wall, but that's my opinion. COMMISSIONER COYLE: I like to save taxpayer money, if I can. COMMISSIONER HENNING: Oh, I understand that. CHAIRMAN COLETTA: And for the record -- and forgive me. Page 129 February 27, 2007 I didn't state. The people that voted in opposition to Commissioner Henning's original motion was myself, Commissioner Fiala, and Commissioner Coyle. I got that right, right? Okay. Good. I'm sorry I didn't get it to you sooner. Okay. Now we have the motion by Commissioner Coyle, it's seconded by myself, Commissioner Coletta. Any discussion? (No response.) CHAIRMAN COLETTA: Hearing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: And the ayes have it 4-1, with Commissioner Fiala being the dissenting vote. And Commissioner Fiala, that was because of the lack of -- COMMISSIONER FIALA: I just wanted communication from the North Naples Fire Department. CHAIRMAN COLETTA: Well, I, myself, would like to put staff on notice and my fellow commissioners says that the next time an EMS unit comes forward, I want to have details and details of exactly what kind of correspondence, what kind of negotiations took place with the local fire districts. COMMISSIONER FIALA: And I'd like them represented here to make sure that we -- CHAIRMAN COLETTA: And represented also. COMMISSIONER FIALA: -- the same story comes forward on both sides. COMMISSIONER COYLE: Would you expect to ask the same Page 130 February 27, 2007 questions when the fire department comes in with a -- COMMISSIONER FIALA: Absolutely. COMMISSIONER COYLE: -- conditional use as to why they didn't want to consolidate and -- okay. COMMISSIONER FIALA: Because there's two sides to every story, and -- COMMISSIONER COYLE: That's right. COMMISSIONER FIALA: -- it's amazing how different sides have different interpretations. CHAIRMAN COLETTA: Do we have agreement to this for the county manager to be able to send it forward on it? COMMISSIONER HALAS: Yes. CHAIRMAN COLETTA: Okay. And we-- COMMISSIONER COYLE: That wasn't on the agenda, by the way. CHAIRMAN COLETTA: No. We're just giving him direction. We're not doing anything of any consequence. You're going to get on top of me, I'll get the League of Women V oters after you. COMMISSIONER COYLE: Okay. COMMISSIONER HENNING: And Chuck Mohlke. Item #8A PUDZ-A-2006-AR-9403: TOLL BROTHERS, INC., REPRESENTED BY WALTER FLUEGEL AICP, OF HEIDT & ASSOCIATES AND RICHARD YOV ANOVICH OF GOODLETTE, COLEMAN& JOHNSON, P.A., REQUESTED THE SUBJECT PROPERTY, CONSISTING OF 11.3 ACRES, AND IS LOCATED ON AIRPORT-PULLING ROAD NORTH, IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, A REZONE FROM PUD TO RPUD TO BE KNOWN Page 13 1 February 27, 2007 AS PRINCESS PARK - MOTION TO CONTINUE - APPROVED MR. MUDD: Commissioner, the next item is -- CHAIRMAN COLETTA: Maybe Carla Dean, too. MR. MUDD: -- under advertised public hearings. It's paragraph 8, 8A. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's PUDZ-A-2006-AR-9403 Toll Brothers, Inc., represented by Walter Fluegel, AI CP, of Heidt & Associates, and Richard Y ovanovich of Goodlette, Coleman & Johnson P .A., requesting a PUD to RPUD rezone, and the approved zoning classification is currently the recreational theme park known as King Richards. The proposed use of the property is multi-family residential, 133 multi - family units, to be known as the Princess Park residential planned unit development, RPUD. The subject property consists of 11.3 acres and is located on Airport-Pulling Road north in Section I, Township 49 south, Range 25 east, Collier County, Florida. CHAIRMAN COLETTA: Would all those wishing to participate please stand at this time to be sworn in. (The speakers were duly sworn.) CHAIRMAN COLETTA: Okay. Disclosure on the part of the commissioners, starting with Commissioner Henning? COMMISSIONER HENNING: I received some correspondence from residents in the area with their concerns of this project, and also correspondence with a news reporter. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. I've met with the petitioner and his agent, and I've gotten quite a few emails on this, which I have in my file for public viewing. CHAIRMAN COLETTA: And I met with the petition and his representatives and received emails on this also. Page 132 February 27, 2007 Commissioner Halas? COMMISSIONER HALAS: I received correspondence and emails, and I also talked with staff on this particular item. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: I have met with Mr. Y ovanovich, the agent for the petitioner, and with representatives of Toll Brothers. I have also received emails from constituents who objected to the density and height of the buildings proposed, and that's it. CHAIRMAN COLETTA: Okay. Mr. Mudd, who comes up first, Mr. Y ovanovich? MR. MUDD: The petitioner. Mr. Y ovanovich, I believe. CHAIRMAN COLETTA: Mr. Y ovanovich, may I suggest that you keep this to a condensed version. And if the commission has questions, they'll be sure to ask them over and over again. MR. YOV ANOVICH: Good afternoon. For the record, Rich Y ovanovich on behalf of the petitioner. I have a lot of people here with me. They will not be speaking unless you have specific questions, but I will introduce them. David Torres and Gary Hains and Brock Fanning from Toll Brothers; Bob Bickel, the owner of the property; Walter Fluegel with Heidt & Associates, the planner on the project; Wayne Hook, who's the landscape architect; Suresh Karre, David Plummer & Associates, our transportation consultant; is it Bob Melzer from Heidt, he's another landscape architect; Richard Ibach from Heidt, he's our engineer; and Chris Smith from Passarella. The property is on the -- I don't know where it is, but -- I thought it was going up on your screens but it's not. The Princess Park PUD is an II.3-acre parcel located on the east side of Airport Road north of Pine Ridge Road and just south of Orange Blossom. The existing zoning is PUD and the uses within the existing zoning are an amusement park. In its day King Richards was a very popular place for young people to go and enjoy themselves; however, Page 133 February 27, 2007 today there is a new competitor in town, and that new competitor in town is Collier County and the county's North Regional Park. Since the county opened its park, King Richards' revenues have drastically fallen. During the summer months, which is the months that King Richards has its peak, the few months that you were open during the summer, the revenues per month have fallen by about $100,000 per month. At that rate, you know, the park can't make a financial go of it. We can't compete with the county. You have more money. You don't need to make a profit. So we have requested a rezone of the property to a residential rezone. The project is basically an infill project and its consistent and compatible with what is around it. If I could walk over to the big map. The -- what we're requesting is an 11.7 unit per acre project on the property . We have to the south the Willow Park PUD, which is an office/commercial PUD. To the north you have the Walden Oaks development. It was approved at 6.46 units per acre, and an -- additionally it has approximately two acres of office development within the project. Sorry. MR. MUDD: I'm going to help you here, Rick. MR. YOV ANOVICH: You're going to give me something to point with. MR. MUDD: Yeah. That doesn't help us much. You can't see a thing. All I see is the waves going up and down. MR. YOV ANOVICH: This is the property. I'm going to break it down. MR. MUDD: Like an attorney with three arms. MR. YOV ANOVICH: This is the project I was talking about. The Willow Park PUD that I was pointing to, and left off at Walden Oaks. This property is a 6.46 unit-per-acre project, and this is the two acres of office that's also within the project. Directly across the street is the Arbor Walk apartment complex. Page 134 February 27, 2007 It is recently converted to condominium. I don't know the name of it, but it is 11.9 units per acre. This is the Bear Creek apartment complex. It is developed at 14 uni ts per acre. If you go a little bit further to the north at the intersection of Orange Blossom and Airport Road, you have another PUD that's a mixed use PUD that has been -- it's called the Long View Center PUD, which is approved at IS units per acre and 143,500 square feet of retai I. So as you can see, the request that we have is compatible and consistent with the projects around us. And the Planning Commission was not certain as to whether or not the commercial conversion provisions within the comprehensive plan applied to this particular project, nonetheless, there was a majority vote in favor of the project. My interpretation of the events was that one Planning Commissioner clearly was opposed to the project. The three other no votes were concerned about whether or not the conversion criteria actually applied. One commissioner said he had no issues with the proposed project. It was just a concern of whether or not the conversion criteria apply. Your staff report goes into great detail about the conversion criteria. And interestingly enough, the Willow Park PUD relied upon the determination of this board that the King Richards PUD is, in fact, a commercial use when it approved the Willow Park PUD under the commercial infill provisions of the comprehensive plan. In order for Willow Run to have been zoned commercial, it had to be adjacent to a commercial use, which in that particular case was the King Richards PUD. So the board has already determined that the King Richards PUD is a commercial use. And if you look at your own Land Development Code, if you want to do an amusement park, you either have to have Page 135 February 27, 2007 C-4 or C-5 zoning and you have to get a conditional use under that -- those two zoning districts. We've done some research around the state. Most jurisdictions require that you have commercial zoning to do an amusement park, so we believe the amusement park is clearly a commercial use, and, therefore, eligible to request a density of up to 16 units per acre. It seems the concerns that we're hearing have been related to traffic, and I'd like to go through some of the facts related to traffic. Airport Road has an adopted level of service of E. It is currently operating at level of service of C. The requested project is less than one percent of the adopted level of service of Airport Road, and what we're assuming is that you don't count any of the traffic that's already there from King Richards. We looked at it as a brand new project as if there's no development already on the property. The weekday trips, the weekday daily trips, Monday through Friday, will actually decrease by 38 trips if this project is approved as requested. The weekend daily trips will decrease by 1,127 trips, and the weekend peak hour trips will decrease by 132 trips. So from a transportation standpoint, we believe the requested project of 133 units is beneficial to the transportation network. The project has had a history with the residents of Walden Oaks. Several years ago the PUD master plan was being amended. The residents of Walden Oaks opposed the amendment to the PUD master plan. Their concern was compatibility of having an amusement park next to them. We resolved that, that lawsuit. But now, as times have changed, we're coming in and requesting a residential use, which I think we would all agree is compatible with a residential neighborhood. Early on in the process of going through the PUD amendment process, we met with various members of the master property owners' association and the condominium association in that area of Walden Page 136 February 27,2007 Oaks, and that is actually our neighbor, the residential units most closely to our project. This is a proposed site plan for the project. As you can tell, the parcel is a very narrow parcel. We have -- basically we have a cul-de-sac that splits the property with buildings on either side of the cul-de-sac. One thing that we took great care in addressing and I'm going to -- and I'll leave that up, but I'm going to flip back over to the aerial for a minute -- is you can see from a -- well, from the site plan, we have at least a 300- foot separation from our residential buildings to these residential condominiums over here. Now, these condominiums are oriented where the front doors are over here facing the street, and the rear, obviously, takes advantage of the lake. So we're not interfering with where people are going to live in these condominiums by the orientation of our buildings. Also, if you'll notice on the site plan, we have buildings going across the northern property line. And what you have over here, you don't have any residential adjacent to the northern property line. You have the office in this area, and then you have the amenity area. We have agreed to increased landscaping along the northern property line to help shield the visibility of the buildings, and we've taken great care to try to design the site to be compatible and sensitive to our neighbors to both the north and the east. To the south is an office park, and we will have buildings across here, but we will screen ourselves from the office park to make sure that we don't have any complaints. At the Planning Commission, there was -- I don't believe there was any opposition raised to the project. We have not heard any complaints. I've had some emails shared with me since meeting with some of the commissioners yesterday. There was -- particularly there was one email from somebody who was -- lives at 7042 Lone Oak Boulevard, which is actually along Page 137 February 27, 2007 the northern property boundary of Walden Oaks, so it's not even adjacent to our proposed project. Your staff is recommending approval, the Planning Commission recommended approval, and we are requesting approval of our project, which is 133 units on 11.3 acres. And with that, I hope that was quick and brief enough, and we're available to answer any questions you have regarding the project. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: My question is, why are you requesting 133 units on this? MR. YOV ANOVICH: We're requesting 133 units based upon market conditions and how we could make the project work from a -- it's supposed to be an incentive to convert commercial to residential up to 16 units per acre. We didn't ask for 16 because we couldn't fit 16. We can fit the 11 point -- COMMISSIONER HALAS: If you could have fit it, you would have asked for it? MR. YOV ANOVICH: We might have, we might have. COMMISSIONER HALAS: Yeah. MR. YOV ANOVICH: It's consistent with what's around us, but we also felt that 12 or 11.7 -- and I'm rounding up -- was more compatible with what's around us and we could design a good quality project to be compatible with our neighbors. COMMISSIONER HALAS: How about seven units per acre? MR. YOV ANOVICH: Seven units per acre doesn't work from a financial standpoint. COMMISSIONER HALAS: It's not my -- it's not-- MR. YOV ANOVICH: I understand. COMMISSIONER HALAS: It's not for me to make sure that your project works. MR. YOV ANOVICH: I understand that. COMMISSIONER HALAS: I think we have to look at what the Page 138 February 27, 2007 concerns are of the residents around there. And how many residents are there from this area. Is your concern density? Raise your hand. Is your concern building heights? THE AUDIENCE: Yes. MR. YOV ANOVICH: Are you going to let them talk? COMMISSIONER HALAS: Well, I'm just trying to get a consensus here, okay? My concern is, when I talked to staff, they weren't sure about the 77 -- or the 57 feet, whether that was the zoned height or was that the actual height from ground to the very top? And I think staff told me that it was zoned height. MR. YOV ANOVICH: That's correct. The original request was 65 feet zoned height. At the Planning Commission we made it clear that it was 57 feet zoned height. COMMISSIONER HALAS: So we're looking at all appertinents such as an elevator shaft and everything else? This -- these buildings could probably be as high as 75 feet? MR. YOV ANOVICH: Well, I mean, we can -- I don't think -- I don't believe so, no. COMMISSIONER HALAS: Well, it's going to be somewheres between 65 and 75 feet. MR. YOV ANOVICH: It's going to be three floors over one of parking. COMMISSIONER HALAS: I can tell you that I'm not going to approve this. It's got a transportation problem there. I think that with the advent of transportation, you're taking one unit off because of impacts in the transportation area. So I look at this whole project as -- I can't go above seven units per acre with the one unit off for transportation, so that tells me six units per acre. MR. YOV ANOVICH: Well, that's not compat -- that's not the numbers of the surrounding development. The surrounding developments are all above that, including Walden Oaks to our Page 139 February 27, 2007 immediate north. COMMISSIONER HALAS: Well, that's where I stand unless you can convince me differently. MR. YOV ANOVICH: Okay. Well, let me answer the transportation question first. Factually your statement's not correct. Airport Road is operating at a level of service C. After the project is completed, there will still be 1,350 peak hour trips available on Airport Road. There is currently peak hour trips being generated by the project. We are increasing the peak hour trips by 31 peak hour trips; however, the overall daily trips are actually being decreased. COMMISSIONER HALAS: Let me read this to you. It says, the density rating system provided for eligible density of four units per acre throughout the urban mixed-use district except for the urban residential fringe, capped at 1.5 units per acre. The subject site is eligible for a base density of four units per acre; however, because the site is within a traffic congestion area, this -- it is subject to one-unit-per-acre reduction. MR. YOV ANOVICH: Did you want to continue on reading where it says about the commercial conversion where it says it's eligible to also ask for 16 units -- COMMISSIONER HALAS: That's correct, but also I think that when our -- when this was written back in 1989, I think they were looking at where commercial conversion basically was strip malls and areas of blight, and this is not an area of blight. MR. YOV ANOVICH: Well, it probably will become one. COMMISSIONER HALAS: Well, it's not right now. MR. YOV ANOVICH: Listen, the -- if you look at your comprehensive plan and you look at your maps, it says that it was found consistent by policy, which meant when you adopted your plan in 1989, this property was not supposed to be commercial. Your comprehensive plan said it was found to be consistent by policy because it was already improved. So factually your Page 140 February 27, 2007 comprehensive plan said, no, commercial is not supposed to be here, and you determined that, in fact, that that conversion factor does, in fact, apply to that particular piece of property. Now the question becomes, if -- there's supposed to be a financial incentive to convert commercial to residential. The question becomes, is seven units an acre or six units per acre enough of an incentive for this project to convert to residential? The answer to that question is, no, it's not enough of an incentive for the developer or the owner of the property to convert. CHAIRMAN COLETTA: Okay. Let's go to Commissioner Fiala, then we'll come back to you, sir. COMMISSIONER FIALA: Well, quite frankly, Commissioner Halas, I was going to go for three. I think -- COMMISSIONER HALAS: Good. COMMISSIONER FIALA: They -- I believe that's what they would be allowed in a traffic-congested area. And Rich pointed out, of course, that the other places already have II or whatever, but they were built before we had concurrency, they were built before this road was so congested. And as it says in a couple of our letters, they can't even get out of their places as it is. Why would we want to add more traffic to it. That's my point. CHAIRMAN COLETTA: Good point. If I may weigh in just a little bit. I hear you. I hear what both of you are saying. I'm going to ask a question now since you already started it. How many people would prefer to see a residential development rather than an amusement park there? See, you got a little bit of an impasse here. The way this is going at the moment, if this goes to a vote, it's going down in flames, and it means that this whole thing goes back through the process. You might have a couple years of an amusement park there till somebody figures out a way to make it work. My suggestion, then I'm going to turn it back to Commissioner Page 141 February 27,2007 Halas, would be continue this with the idea that the developer go back to the community and with the commissioner and see if we can come up with a working arrangement as far as density and height goes. And I give it back to you, Commissioner Halas, then we'll go to you, Commissioner Coyle. COMMISSIONER HALAS: Also -- getting back to the discussion you and I had, also, it's not -- it's up to us to determine what the density will be in that area, and whether it meets the criteria of the developer, that's one thing. I didn't tell the developer to go out there and purchase the land with the intent of putting this type of density on. And as Commissioner Fiala brought forth, that a lot of this density was put in before we had concurrency. Now, the only one that we had under concurrency was the item -- or the project that is currently just north of the -- of the library up there. I think that's the area we're talking about mixed-use up there. MR. YOV ANOVICH: No, no, if I may. Bear Creek was approved after 1989. COMMISSIONER HALAS: No, no. I'm talking about -- MR. YOV ANOVICH: Hang on. You're saying that this is the only one. Actually I'm just point out, no, Bear Creek was after 1989, 14 units per acre. Long View Center, both -- which is on the corner of Orange Blossom and Airport Road, approved after 1989 at 15 units per acre. Caddy corner, near the library, was just recently approved at 9.8 units per acre, plus a couple hundred thousand square feet of office and retail. So there have been a lot of projects that have been approved at above, Walden Oaks, since the advent of your comprehensive plan, and I just want to get that on the record. COMMISSIONER HALAS: Yeah. And I want to get it on the record also that those weren't approved while I sat here as a commissioner either. (Applause.) Page 142 February 27, 2007 CHAIRMAN COLETTA: Mr. Y ovanovich, I hope we don't draw this meeting out forever. Suggestion on continuance was made, and if somebody wants to pick up on it, fine. If not, then maybe -- MR. YOV ANOVICH: Commissioner, I'm happy to do that ifit will be productive. We'd love to meet with the neighborhood. We thought we had and -- but I mean, if it's -- if we're going to stay at seven, we're not going to get to reach an agreement. CHAIRMAN COLETTA: Well, you're not into that point where you're negotiating with them. But I'd like that motion to come from Commissioner Halas because this is his district. COMMISSIONER HALAS: Why don't we go to Commissioner Coyle and see what he's got to put in for input here before we -- CHAIRMAN COLETTA: Okay, fine-- COMMISSIONER HALAS: -- take the motion. CHAIRMAN COLETTA: Commissioner Coyle, but let's not drag their out forever. Commissioner Coyle. COMMISSIONER COYLE: Yeah. In view of the discussion you've just had, I'm not sure it's even relevant that I make any comments. Obviously there are some residents who are concerned about this and you need to take some time to do that. I think I would just like to make a general statement that density bonuses for conversions from commercial to residential are certainly available subject to our decision. And there is nothing that says that we are obligated to approve a density bonus which maximizes the density or maximizes the traffic in the area. We can certainly approve anything. We're not obligated to approve something that gives you the maximum amount of density. If we decided we wanted to preserve some of that capacity for other logical developments in the area, we have the right to do that. And so I think it is incorrect to assume that because the density bonuses are available that we should give them all to you or give you Page 143 February 27, 2007 most of them. I understand you can request 16, but that doesn't mean that we're obligated to give them to you. CHAIRMAN COLETTA: You're preaching to the choir. COMMISSIONER COYLE: No, I'm preaching to him. He's definitely not the choir. He's the other end. CHAIRMAN COLETTA: He probably wrote part of these rules when he was the county attorney. COMMISSIONER COYLE: Yes, that's probably true. So anyway, I just wanted to reiterate that I don't think the board is being unreasonable in this respect. We're just trying to make some logical decisions about the future use of land, and this is not the only redevelopment that is going to be requested in this area. And at one point in time we're going to get right up to the door, we don't have any more capacity left, and what are we going to do? I don't know. And we've had this conversation before. So that's all I really wanted to say. MR. YOV ANOVICH: I have -- if I can ask just for five or 10 minutes, because I've got a contract purchaser and I've got a property owner that I need to consult with on the continuance issue, and I might be able to meet with their representatives here to resolve this quickly without the need for a continuance, if that is okay. CHAIRMAN COLETTA: We're running late on our break, so what we're going to do is give you 10 minutes and we're going to take a short break. Commissioner Henning, can you hold your question until then, or did you want to use it to give guidance? COMMISSIONER HENNING: I'djust use it right now. A density bonus in any condition is not a given. I can't support anything that is market rate housing above the base density . We're in a different time. There is needs out there. I think it's up to this board to take a look at those needs and try to fill those needs. I just can't see myself doing that in the future either. So I apologize, but -- MR. YOVANOVICH: It's okay. CHAIRMAN COLETTA: Well, it's good guidance, good Page 144 February 27, 2007 guidance. Meanwhile, we'll leave you to your resource here to see what you can do. MR. YOV ANOVICH: Okay. COMMISSIONER HALAS: Because I'm ready to make a motion to continue this item and talk with the residents. CHAIRMAN COLETTA: Okay. Give them 10 minutes. We've got to take -- ran a few minutes late, and I apologize for that. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, Commissioners, you a hot mike. CHAIRMAN COLETTA: Thank you. When we left off, Commissioner Henning was next to speak, and we bailed out of here before he had a chance to. Commissioner Henning? COMMISSIONER HENNING: I already said it. CHAIRMAN COLETTA: Oh, fine. So, Mr. Y ovanovich, where are you? There he is. Looks very confident. I think he's got it all figured out. MR. YOV ANOVICH: Well, I know I'm not in the choir. I figured that out. We were not able to work something out with our neighbors. At this point we'll either request a continuance indefinitely to see if we can work it out -- one of our problems is, we will lose our buyer by a continuance, and we have to figure out if that makes sense or if a continuance, if you don't vote to continue it, then we'll have to withdraw and continue to stay the amusement park. Your call. COMMISSIONER HALAS: Motion for a continuance on this. CHAIRMAN COLETTA: Second. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: Motion by Commissioner Halas, second by Commissioner Fiala for a continuance. Any discussion? (No response.) Page 145 February 27, 2007 CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER HALAS: Before we take a vote, I just want to make sure that there's due diligence done by the petitioner to talk with these people to see if you can come up with something that's compatible and also you have to realize that I think the message has been fairly clear to you that -- in regards to density, so -- CHAIRMAN COLETTA: Yeah, and thank you for stopping me for a moment. Do we have speakers? MS. FILSON: Yes, sir. I have six. CHAIRMAN COLETTA: Okay. I hope since we're continuing this that those speakers want to waive, but we've got to wait to see if they -- we're going to call your names off and you can waive or you can come up here and maybe we'll go ahead and approve it. Go ahead, call it out, Commissioner (sic). MS. FILSON: Ron Cleminson. MR. CLEMINSON: Could you review that for me? Did you say waive our presentation? For now. CHAIRMAN COLETTA: For now. MR. CLEMINSON: Yes. I see no need for us to proceed, given your vote. MS. FILSON: Paul Muller? MR. MULLER: I'll waive for now. MS. FILSON: Chris Branston? MR. BRANSTON: I'll waive for now. MS. FILSON: Joshua Rudnick? UNIDENTIFIED SPEAKER: Not present. MS. FILSON: Robert Bickel? MR. BICKEL: I'll waive for now. MS. FILSON: Frank Amesan, Amesono? MR. AMESAN: Waive. MS. FILSON: That's it, sir. Page 146 February 27, 2007 CHAIRMAN COLETTA: Thank you. Thank you very much. N ow, with that, is there -- COMMISSIONER HALAS: Close the public hearing. CHAIRMAN COLETTA: We did close it a little while ago. And with that, 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: Okay. And the -- let the record show that it was 4-1 with Commissioner Henning being the dissenting vote. Thank you. Mr. Mudd, next item. MR. MUDD: Commissioner, that goes to -- we go to 8C. CHAIRMAN COLETTA: Why don't we give them just a second to leave. You sure you don't want to stay? We've got some interesting items coming up. Item #8D PUDZ-2005-AR-7820 HABITAT FOR HUMANITY OF COLLIER COUNTY REPRESENTED BY LAURA SPURGEON OF JOHNSON ENGINEERING IS REQUESTING A REZONE FROM THE AGRICULTURAL - MOBILE HOME OVERLAY (A-MHO) ZONING DISTRICT TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO CONSIST OF AN AFFORDABLE HOUSING RESIDENTIAL NEIGHBORHOOD OF 400 SINGLE-F AMIL Y, ZERO LOT LINE, TWO-FAMILY OR MULTI-FAMILY DUPLEX DWELLING Page 147 February 27, 2007 UNITS IN A PROJECT TO BE KNOWN AS THE KAICASA RPUD. THE SUBJECT PROPERTY, CONSISTING OF 100 ACRES, IS LOCATED ALONG THE NORTH SIDE OF STATE ROAD 29, EAST OF VILLAGE OAKS ELEMENTARY SCHOOL, AND IS APPROXIMATELY 2 MILES EAST OF THE INTERSECTION OF STATE ROAD 29 AND COUNTY ROAD 846- MOTION TO CONTINUE - APPROVED MR. MUDD: Sir, we can do one piece of admin business, okay, while they're getting done, and that's 8D, and that was I7E. That had to do with the Habitat development and the omission of multi-family in the description. It is the attorney's opinion that that needs to be readvertised and Habitat for Humanity has agreed. CHAIRMAN COLETTA: So what do we have to do, make a motion to continue? MR. WEIGEL: Yes. COMMISSIONER COYLE: Or approve the request. CHAIRMAN COLETTA: I'm sorry. Speak up, Commissioner Coyle. COMMISSIONER COYLE: We're approving the request for a continuance. MR. MUDD: Yes, sir. COMMISSIONER COYLE: Somebody requested it be continued. MR. MUDD: Because we're going to readvertise it correctly without the omission. CHAIRMAN COLETTA: Okay. Motion? COMMISSIONER COYLE: Motion to approve the request for continuance. COMMISSIONER HALAS: Second. CHAIRMAN COLETTA: We have a motion by Commissioner Coy Ie for a continuance, second by Commissioner Halas. Page 148 February 27, 2007 Good catch, Commissioner Henning. All those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: And it was unanimous. Item #8C RZ-2005-AR-7271: COLLIER COUNTY PUBLIC UTILITIES DEPARTMENT, REPRESENTED BY FRED REISCHL, AICP OF AGNOLI, BARBER & BRUNDAGE, INC., IS REQUESTING A REZONE FROM THE AGRICULTURAL (A) ZONING DISTRICT TO THE PUBLIC USE (P) ZONING DISTRICT LIMITED TO ESSENTIAL SERVICE USE ONLY. THE SUBJECT PROPERTY, CONSISTING OF 42.2 ACRES, IS LOCATED AT 1300 MANATEE ROAD, IN SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA - MOTION TO CONTINUE INDEFINITELY - APPROVED MR. MUDD: Commissioner, that brings us now to 8C. This items requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's RZ-2005-AR-7272, Collier County public utilities department represented by Fred Reischl, AI CP, of Agnoli, Barber & Brundage, Inc., requesting a rezone from the agricultural A zoning district to the public use P zoning district limited to essential services use only. The subject property consisting of 42.2 acres is located at 1300 Manatee Road in Section 10, Township 51 south, Range 16 east, Collier County, Florida. Page 149 February 27, 2007 CHAIRMAN COLETTA: Fine. All those wishing to participate please stand at this time and be sworn in. (The speakers were duly sworn.) CHAIRMAN COLETTA: Thank you. Now we'll have disclosures by the commissioners, and we'll start with Commissioner Coy Ie, you ready? COMMISSIONER COYLE: I have no disclosures except I have talked with County Manager Mudd about this item. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: I have no disclosures on this item other than the fact that I've talked with staff on this at some length. CHAIRMAN COLETTA: Okay. And I have, of course, talked with staff and had emails and phone calls. Commissioner Fiala? COMMISSIONER FIALA: Yes. I've had some emails on this, and also I've spoken with a number of staff members, one that's nodding right there at the microphone, as a matter of fact. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Mr. Chairman, I -- the board heard an EAR-based amendment for this particular property in the coastal area, whether that's disclosure or not, that's all I have. But with that said, it's the board's charge to provide public facilities where needed. The board has owned this property for a number of years, and I think it's our duty, or at least it's my duty, to make sure these facilities are available for the residents in Collier County. So I'm going to make a motion to approve. COMMISSIONER FIALA: I'll second that, but I would like to have some stipulations, please, okay? COMMISSIONER HENNING: Okay, great. CHAIRMAN COLETTA: We have a motion by Commissioner Henning, a second by Commissioner Fiala. And now for discussion. How many speakers do we have? Page 150 February 27, 2007 MS. FILSON: Are you on item 9E? COMMISSIONER FIALA: 8C. COMMISSIONER COYLE: 8C. MS. FILSON: I have no speakers on this item. CHAIRMAN COLETTA: Okay. Commissioner Coyle, or did you want to hear from staff first? COMMISSIONER COYLE: No. I just want to ask a question. Our attorney has recommended that this item be continued until the adoption of the Growth Management Plan amendments. Has that recommendation change? MR. WEIGEL: No, it has not. COMMISSIONER COYLE: Okay. COMMISSIONER HENNING: Actually it's the EAR-based amendments; is that correct? MR. KLATZKOW: Yes. MR. WEIGEL: Yes. COMMISSIONER HENNING: Well, can -- would it be -- put the stipulation on that that we can -- CHAIRMAN COLETTA: That it would be subject to? COMMISSIONER HENNING: Approve -- a stipulation would be that as long as the EAR-based amendments for this particular amendment is approved as far as the amendments? Would that be sufficient? MR. KLA TZKOW: I think the better course of action, we'd simply continue this to see whether or not the EAR-based amendment's, in fact, adopted. COMMISSIONER HENNING: I'm going to remove my motion COMMISSIONER FIALA: Okay. COMMISSIONER HENNING: -- and make a motion that we continue this item indefinitely. COMMISSIONER COYLE: Second. Page 151 February 27,2007 COMMISSIONER FIALA: Okay. CHAIRMAN COLETTA: Motion by Commissioner Henning, second by Commissioner Coyle, to continue this item indefinitely. Did we cover everything? Anything that should be added? MR. DeLONY: I think we're fine, sir. COMMISSIONER HENNING: Well, let's address -- COMMISSIONER FIALA: I'd like to add a couple things. MR. DeLONY: Yes, ma'am, yes, ma'am. COMMISSIONER FIALA: On here, I just want to dot our I's and cross our T's. Staff has explained to me fully that this is going to be a water treatment plant. I'm fine with that. The residents are fine with that. I always am impressed with what they did with the water -- wastewater treatment plant right in the middle of the neighborhood in Lely. There are houses backing right up to it and yet our people in Lely who back right up to it, who used to have a lot of complaints, now, since you've taken over, do not complain. It's been built bigger, and you've been a really good neighbor. So I wouldn't have a problem with that at all, as I told you. MR. DeLONY: Yes, ma'am. COMMISSIONER FIALA: A couple things that I do have a problem with though is, a couple things were mention in here like a sewage plant. That's -- that comes along with this part of that -- MR. DeLONY: Yes, ma'am. COMMISSIONER FIALA: Right. MR. DeLONY : Yes, ma'am. There's probably about five or six other things under P zoning -- COMMISSIONER FIALA: Communication towers. MR. DeLONY: Yes, ma'am. COMMISSIONER FIALA: And when you put this together for us -- they're all in here now. I would want to make sure, even though you've assured me, I'd love to see it in writing because we might not Page 152 February 27, 2007 be here when they build it. MR. DeLONY: Yes, ma'am. COMMISSIONER FIALA: I just wanted to make sure that they're eliminated because, as it said in here, the project planner -- oh, somebody -- let's see. It was the applicant's agent said, please note that even with an unlimited P zoning, a water treatment plant would still need to undergo a CU process. There was the thought of limiting the P zoning on this site to only water treatment and related uses. The project planner, Kay Deselem, indicated that this specific limitation was not possible. So I wanted to make sure that -- MR. DeLONY: Yes, ma'am. COMMISSIONER FIALA: -- we do have that in place. MR. DeLONY: Yes, ma'am. COMMISSIONER FIALA: Also, instead of chain link fence -- MR. DeLONY: Yes, ma'am. COMMISSIONER FIALA: -- we do something. MR. DeLONY: Yes, ma'am. We'll-- ma'am, let me see if I can help a little bit. First of all, Kay was right in her determination as I understand the rules. Irrespective of your action -- let's say you approve the P zoning. Irrespective of that, we still have to come back to you, the board, for a conditional use permit for any of those uses. So if we wanted to put something other than a water plant there, you would still have another -- or a predi -- or a successor board would still have another bite at the apple, so to say, to turn down that use, because P is only a zoning. It's not a use without additional approval by the board. COMMISSIONER FIALA: But a lot of times -- MR. DeLONY: Yes, ma'am. COMMISSIONER FIALA: -- with the commercial zoning -- MR. DeLONY: Yes, ma'am, I understand. COMMISSIONER FIALA: -- we say, everything but a homeless shelter and a soup kitchen and a pawnshop, right? Well, I would like Page 153 February 27, 2007 to say not to include a communication tower, a sewer plant, or what was the other one? COMMISSIONER HENNING: Homeless shelter. COMMISSIONER FIALA: No, no, no. This was a recycling -- a resource center. MR. DeLONY: Yes, ma'am. Let me be specific for this 40-acre site. The activities that will be on this site, and the conditional use permit that we hopefully will bring back to you subsequent to your approval of this zoning action, subject, of course, to the DCA, will only deal with those activities and supporting activities that deal with the production of water to potable water. Now, the communications tower will not be a communication tower in general. It would be any towers associated with that water plant. Now, we've -- the Planning Commission did have some concerns about heights and all that. We'll work through all of that at conditional use time and deal with all that at that time, ma'am. COMMISSIONER FIALA: Say, for instance, we find that we can buy that property over at 6 Ls and we do put together something similar to the North Collier whole treatment plant for water and wastewater on one property, and if we're lucky enough to get that and we can combine them, now we have this property vacant. And I wanted to make sure that it didn't then convert to a wastewater or a resource center -- it mentioned in here resource center -- or something like that. MR. DeLONY: Yes, ma'am. For sure-- COMMISSIONER FIALA: People are so close. They're right up against that fence. MR. DeLONY: Yes, ma'am, I understand. We're absolute (sic) sure from a regional perspective, there is no requirement or should never be a requirement for a wastewater treatment plant in this location. Our plans call for that plant to be properly located a little bit Page 154 February 27, 2007 further to the north and to the east. You mentioned that property that we're looking at now. Just haven't got it. I mean, and certainly, you know, we will continue to evaluate. But per the annual utilization and inventory report approved by this board as well as the 6 June 2006, master plan for our water supply and our water treatment, this plan is currently scheduled to be online at 2014. Now, we'll look carefully at that over the next couple of years. But as I note, we're within that eight-year window that I always talked to you about in terms of how long it takes us to move a capital project. At some stage of the game, ma'am, we'll have to make a decision COMMISSIONER FIALA: Right. MR. DeLONY : -- what is the optimal course of action. So I just -- I agree with you that there is some -- there ought to be some concern, and I think we can address that. The water is held by the 6 L's sewer district. And so you as the district board, sitting here today -- well, I guess you've got your other hat on right now, but your other hat. COMMISSIONER FIALA: Or whatever else you choose, just so that it isn't some of these that are mentioned in here. You can just remove those, right? MR. DeLONY: Yes, ma'am. At the time -- COMMISSIONER FIALA: Okay. That's all my concern is. MR. DeLONY: We certainly will, yes, ma'am, CHAIRMAN COLETTA: Good point. Once again, we're looking for a continuance here. Commissioner Halas, I see your light on. COMMISSIONER HALAS: Yes. I have one question for staff. This continuance, will this prohibit what you want to move forward with in regards to this? MR. DeLONY: No, sir. I've got some time on the schedule. Page 155 February 27, 2007 The good news about planning the way we're planning now, we've got some time to do the kinds of things that show the kind of diligence and the opportunity range of getting ahead of the game versus responding to it. And certainly at this stage of the game, we can take this delay or this standby, and I'll get back to the board as soon as we get an answer from DCA. CHAIRMAN COLETTA: And with that, if there's no other discussion, all those in favor of the motion to continue, please say so 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 very much, Mr. DeLony. Item #9A RESOLUTION 2007-46: APPOINTING MARY ANN WOMBLE TO THE PELICAN BAY SERVICES DIVISION BOARD - ADOPTED MR. MUDD: Commissioner, that brings us to 9A, and that's appointment of a member to the Pelican Bay Services Division Board. COMMISSIONER HALAS: Yes. Motion to approve Mary Ann Womble. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: We have a motion by Commissioner Halas to approve the committee's recommendation, second by Commissioner Coy Ie. Page 156 February 27, 2007 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: 5-0, thank you. Item #9B RESOLUTION 2007-47: APPOINTING WILLIAM CONRAD WILLKOMM TO THE BA YSHORE BEAUTIFICATION MSTU ADVISORY COMMITTEE - ADOPTED MR. MUDD: Commissioner, that brings us to 9B. It's appointment of a member to the Bayshore Beautification MSTU Advisory Committee. COMMISSIONER COYLE: Motion to accept the committee recommendation for William Conrad Willkomm. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: Motion by Commissioner Coyle to accept the committee recommendation, second by Commissioner Fiala. Any discussions? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. Page 157 February 27, 2007 CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 5-0. Item #9C BOARD TO SET THE PLACE AND TIME FOR THE CLERK, WITH THE ASSISTANCE OF THE COUNTY ATTORNEY'S OFFICE TO OPEN AND COUNT THE MAIL BALLOTS OF THE NOMINEES TO FILL THE VACANCIES ON THE PELICAN BAY SERVICES DIVISION BOARD -TUESDAY MARCH 6TH AT 2 P.M. LOCATED ON THE 5TH FLOOR OF THE COURTHOUSE, IN THE CLERK'S CONFERENCE ROOM - APPROVED MR. MUDD: Commissioner, that brings us to 9C. It's to request the board to set the place and time for the clerk with the assistance of the County Attorney's Office to open and count the mail ballots of the nominees to fill the vacancies on the Pelican Bay Services Division Board. COMMISSIONER HALAS: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: Motion to approve by Commissioner Halas, second by Commissioner Fiala. Any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. MS. FILSON: And can I just-- CHAIRMAN COLETTA: Opposed? Page 158 February 27, 2007 MS. FILSON: -- mention that date and time and place, sir, so that everyone knows. COMMISSIONER HALAS: Yep. MS. FILSON: That they'll count the ballots on Tuesday, March 6 at two p.m. on (sic) the clerk's conference room of the fifth floor of the courthouse. CHAIRMAN COLETTA: Thank you very much. COMMISSIONER HALAS: Thank you. Item #9E RESOLUTION 2007-48: A RESOLUTION PERTAINING TO THE CITIZENS OF COLLIER COUNTY AND THEIR RIGHT TO USE ANY AND ALL COLLIER COUNTY FACILITIES - ADOPTED MR. MUDD: Commissioner, that brings us to 9E, that the Board of County commissioners consider adopting a resolution pertaining to the citizens of Collier County and their right to use any and all Collier County facilities. Commissioner Henning's request. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Yes. The reason I put this on the agenda, during our TDC workshop it was stated that time slots would be set aside for tournaments. I don't have a problem with that whatsoever, but I can tell you I take my son up to North Regional Park quite frequently for the playground and observe the activities over there at the ball fields, and a lot of times they are vacant. In talking to some of the -- some of the residents -- in fact, I had a phone call yesterday from a resident of Naples who said, I went over there on the weekend, and I just wanted to kick a ball around with my son, and a staff member came out and said, you can't do that. That field is set aside for tournament play. Page 159 February 27, 2007 I think it is important for everybody to understand that the residents, through their impact fees, have paid for that park, and the residents continue paying for the maintenance of it through their taxes, and the residents pay for it through fees. And I think it's important that the board adopts resolutions to make it clear what the understanding is from the Board of Commissioners in this case to how to use the facilities in the parks and rec. And that's why I put it on the agenda. CHAIRMAN COLETTA: Okay. Before we -- get to Barry before we go to you. Commissioner Halas? COMMISSIONER HALAS: I'll wait till Barry gets done with the presentation, and then -- CHAIRMAN COLETTA: Thank you for being here. MR. WILLIAMS: Sure. For the record, Barry Williams, parks and rec. director. And I just wanted to say, certainly Commissioner Henning's point is well taken, that our commitment at parks and rec. is to serve Collier County citizens. And it's unfortunate that -- the phone call. I did talk to that gentleman actually today. And we have some things that we're correcting within North Collier. We have people that show up and they want to use green space, and we certainly welcome that. The communication that was given to that particular gentleman, again, is something that is not our intent to keep people off. I did want to share with you commissioners just some of the statistics that we have about North Collier Regional Park and talk a little bit about the tournament play, and that is something that we've followed and heard. Just in terms of the percentage of time -- and one thing to understand is North Collier Regional Park, the second phase, the fields, have only been open since November. And so we're just now Page 160 February 27, 2007 seeing full -- increased utilization of those fields. But just with the statistics that we have today -- if I may. Just a graphic. You can see the numbers, a little bit small, but we have right now about an 80/20 split of locals using the fields; 80 percent are locals, 20 percent are folks from -- that are coming in for these tournaments you're hearing about. I'm not sure that that's significant. Again, we've only had a couple months of utilization. So for us, a real good term will be about six months to a year to see what's the total utilization. But this doesn't take into consideration our entire capacity . We still have capacity at the fields, as Commissioner Henning points out. I do want to share with you a little bit about what types of tournaments are coming in. And I'll share another -- just some of the soccer tournaments, softball tournaments that are coming in the future, just to share with you, you can see, we have a number that are scheduled. For the most part they're youth events. An important thing that we want to let you know about the tournament events -- and we encouraged some of this with North Naples Little League when they came before you recently and asked for a complex to play and to attract tournament play. What North Naples Little League described to you and what we've heard over the years is, there's the desire to host tournaments for our local teams to be able to play and host in tournaments rather than to travel to Tampa, travel to Sarasota or throughout the county -- throughout the state, their ability to host these local -- or the tournaments and bring people from around the state that they can compete with and remain competitive is an important thing. So some of the tournaments that we have scheduled, you can see this. We've had some tournaments scheduled, and we do -- we do have some numbers on economic impact. And again, not to suggest that the economic impact takes away from the need for us to provide Page 161 February 27, 2007 for our local youth, but you can see some of the dollar amounts that generate. It's an economic engine in a lot of ways. When you have people coming to our community, spending their dollars in our hotels, spending it on restaurants, playing our children on the local teams and our adults, that's a positive impact for our community. So you can see some of the dollar amounts. And just to share with you the formula that we use to generate that economic impact, it's a fairly standard one. I don't have it for you today, but it is a formula that we apply to the number of people that participate in these tournaments. Finally, if I may, just to share with you, when I first came aboard, one of the first things that I was involved in was through the support of a sports marketing person. And we have a gentleman, Ralph Prior, that works with us. And in May of 2006, the BOCC voted to cost share with TDC to hire the sports coordinator, and that person has been responsible for recruiting a lot of these tournaments that you -- that I'm explaining to you today. And it is a -- it is a model that is fairly consistent throughout the state. Communities use this type of model. You develop amenities that provide for the local citizens, but at the same time you use a little bit of the capacity to bring in outside dollars to offset your cost of the residents. So that's the model that we're following. Lee County has done this for a couple of years, and some statistics that Ralph provided were generated 80,000 hotel room nights from sports events in 2005. I will tell you that one of the things that we're hearing through some of the discussions about North Collier Regional Park -- one of the things that you've heard is, again, North Naples Little League and their desire to have a complex, a Little League complex, and staff is working per your direction on developing that complex. We have some parks that are coming online in the very near future, and we're looking at the possibility of providing that element, Page 162 February 27, 2007 that park element of the Little League complex in one of those parks. We are also hearing from folks the need for practice, and that's the other thing I think that you may be hearing. Folks need places to practice soccer. And certainly we've been talking to officials in the local youth teams about that possibility . We are working very closely with the school board to develop those joint opportunities, and certainly that's good business sense for us to develop that with the school board where you have the ability for the fields to be used during the daytime for school children and used at night by public. We actually have an arrangement that's coming online in August where the Elementary School I on Livingston Road is coming available. We've worked with the school board for them to develop a green space, so that's going to create some more soccer capacity for practice for us. Just to finish, I do want to say I appreciate the intent of the resolution. I do feel that our commitment is to Collier County citizens, to youth and recreation, and certainly, we are very interested in how best to do that. So thank you. And if you have any questions, certainly be available to ask (sic). CHAIRMAN COLETTA: Thank you, Barry. Don't move too far. We're starting off with Halas, we're going to Henning, Fiala and Coyle. COMMISSIONER HALAS: Yes. One of the people that I felt was instrumental -- should have been here today -- and that's superintendent Ray Baker. As you know, all of us pay close to six mills for school tax, and those are public schools and that means that they should be open for everyone. I have some concerns when the people from North Naples Little League tell us that one of the schools, Osceola, I believe, it was, where there's inadequate provisions for people that want to practice and not being able to use the rest rooms, and those are tax dollars that people Page 163 February 27, 2007 paid for. And there's no reason why the school board can't help us in finding practice fields for the people here in Collier County. And I was hoping that Superintendent Ray Baker would be here today and maybe we could have him get involved in this, because the same children that go to these public schools -- and we pay dearly for those schools -- I think that the opportunity should be there where the people -- the students and the children to use them after hours, so that's where I stand on this issue. CHAIRMAN COLETTA: And if I may add, you've got a wonderful idea there and you're right. I've got a meeting set up March 14th, if I remember correctly, with Ray Baker and Steve Donovan, that's one of the things I'm going to have put on the agenda to start the discussion going forward so when we have a joint meeting, we'll have this issue down to the point where we've got discussion points to work with. Commissioner Henning? COMMISSIONER HENNING: Mr. Williams, you remember my statement that I don't want to kill the tournament in the beginning? MR. WILLIAMS: Yes, sir. COMMISSIONER HENNING: And I do believe it, and I'm sincere about that. It's the policy and maybe that you're not aware of, that the average citizen can't use the field because it's set aside for tournament play or a league can't use it, a local league, taxpayers of Collier County, can't use it because it's set aside for tournament play, and that is the reason why this is on the agenda. It's not to stop the tournaments. MR. WILLIAMS: No, sir. It did take us aback a little bit with the resolution in particular. And when we schedule a tournament, again, we schedule tournaments that local teams are often playing in. Ifwe make an obligation to have a tournament, the due notice that we would have to give to allow a Collier County citizen to take over that field was one that concerned us of how we would operationalize that. Page 164 February 27, 2007 COMMISSIONER HENNING: Yeah. And it's -- you know, you schedule these, and I think it's good to have these tournaments locally, you know, but when a kid can't kick a ball on a field the day before the tournament or years before the tournament or never do it, I have a concern. MR. WILLIAMS: Yes, sir, and we do too. And I have to say, we -- just in starting up, I think that that's something -- and we learned a lessen yesterday . We will make a commitment to find space for people that come by. And we talked about that some yesterday about what we needed to do to allow for a field to be available for those type of folks that drop in. I just want to say though, in doing that, what we're trying to do is to maintain the integrity of the fields. We have a lot of people that tell us how wonderful it is to play on such pristine fields. And to maintain the fields, we do try to limit teams that are in the community from practicing on that and make practice available in other parts of our park system. And what we've heard from the people that use our fields for game play is that that's an advantage. They want to play on those type of fields that are maintained and ready for game use, so that's what -- that's what we're attempting to do with that. But we can find capacity in our park system, we can find capacity at North Collier Regional Park for a son to come -- a father and son to come by and throw the ball around. That's not an issue for us. CHAIRMAN COLETTA: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes, how many fields do you have there? MR. WILLIAMS: The North Collier Regional Park, there are five softball fields there; eight soccer fields. COMMISSIONER FIALA: Isn't there a way that you can set aside one of each for local citizens to -- whether it's to play on or to Page 165 February 27, 2007 practice on or whatever, so that -- I mean, do all eight have to remain pristine? I would guess that when you have a tournament, you don't use all eight. MR. WILLIAMS: It depends on the size of the tournament. But we talked about that yesterday . We do think that we can make available a field for local play. I mean, that's what we came up with. That was -- COMMISSIONER FIALA: One of each, right? MR. WILLIAMS: We talked about softball in particular. COMMISSIONER FIALA: So you have eight soccer fields and no local people can play on them except in tournament play? MR. WILLIAMS: The locals play -- MR. MUDD: Barry, let me ask you something. You keep using tournaments, okay? I think it gives a bad -- a tournament in terms of what I think of a tournament -- and let's make sure we at least understand the terminology we're using. The tournament play that they're talking about is only 20 percent of the time, okay, and that is where you've got county teams playing outside county teams. That's a tournament. League play is 80 percent of the time, and that's intercounty teams playing each other on those particular fields. So this is for -- this is for games, okay. When you have two teams competing again each other. That's what the fields were set up for. Now, if we want to change that, we can. But I just want to make sure, when you talk tournament, it gives -- it gives this impression that you're talking about out-of-county guests coming in playing county teams. That happens 20 percent of the time based on that particular chart that was put up. The rest of the time it's for games. So if you had -- COMMISSIONER FIALA: But not for practice? MS. RAMSEY: That's correct, not for practice, but for games. Page 166 February 27, 2007 And just to clarify a little bit more with that, and I'll give you a specific example. Naples Youth Soccer, which has about 200 children in our community who are competitive soccer players. There might be one team under U9, UIO boys in our community, and they then play within a region of soccer teams, and they will play home games and they play away games. So every time our youth play at North Collier Regional Park, which is their home field, they are playing children from outside of Collier County, and they are also included in that yellow pie that I showed you a few minutes ago, so -- COMMISSIONER FIALA: Are they allowed to play other local teams, I mean a local team playing a local team? MS. RAMSEY: Sometimes if there are enough children playing against each other, yes. But remember, it's not just the children. We have adult soccer leagues that the county runs, we have over 80 softball teams right now playing at North Collier and other places around. So our league play, our local people are playing on those fields playing their games, but not their practices. COMMISSIONER FIALA: Okay. I just want to make sure I understood what you just said, that local teams, and whether they're adults or middle-aged or young, or children, can play each other, local teams? I mean -- MS. RAMSEY: That's correct. COMMISSIONER FIALA: -- one school can play another? MS. RAMSEY: Most definitely. This is a game facility. They just would not do their practices. Their practices might happen at Veterans or Vineyards or out at Max Hasse or maybe out at Corkscrew or Sabal Palm or some other location. COMMISSIONER FIALA: Or the new one you're building at East Naples Community Park. MS. RAMSEY: That's -- correct, correct. And they would practice in those fields, and then a lot of their games are played at Page 167 February 27, 2007 North Collier. Not every league chooses to do that. Optimist does not. Optimist chooses to play at the Vineyards yet. COMMISSIONER FIALA: Wait a minute. Let me see if I had another question. Oh, yeah. Are these tournaments that we're attracting people to, are they mostly held in high season or out of season? MR. WILLIAMS: Well, we've only been open since November. And, again, part of what we're looking to ascertain is the utilization. We have had some tournaments that are being -- that have been conducted the last few weeks in high season. What our attempt to do though is to schedule tournaments on the off season. I mean, that's the advantage. And part of what we were looking to do with this joint sports market position is to attract business outside of tourist season. COMMISSIONER FIALA: Sure. That's why I asked the question, but I don't have any idea what time of the year soccer is played. Maybe it's played all year round. I don't know that. And I know that the major league players play baseball in the summer, but, you know, I don't know about tournaments. MR. WILLIAMS: Soccer varies. You have levels of soccer. You know, elementary soccer is played typically fall/spring, but you do have some soccer teams, the more advanced players, that are playing year round, so -- COMMISSIONER FIALA: Thank you. CHAIRMAN COLETTA: Commissioner Coyle, then Commissioner Halas. COMMISSIONER COYLE: I'm confused. We establish the number of recreational facilities based upon a level of service that we determined multiplied by our population. MR. WILLIAMS: You're speaking of the AUIR process? COMMISSIONER COYLE: Yeah. MR. WILLIAMS: Yes, sir. Page 168 February 27, 2007 COMMISSIONER COYLE: Now, how is it that we wind up with recreational services that can accommodate 20 percent out-of-county users and still fully accommodate all of the in-county users? MR. WILLIAMS: Well, the number that you're referring to is an 80/20 split based on current utilization. It does not take into consideration --, we've not maximized capacity at that site yet. We've only been in operation two or three months. So 80/20 is based on -- for example, if we're only 50 percent used, of that 50 percent utilization, 80 percent is local, 20 percent is out-of-towners. COMMISSIONER COYLE: Okay. Maybe I'll try it differently. Ideally what's going to happen is that you will have, if you follow our guidelines, exactly the number of recreational facilities to meet the need of the county residents. You're not going to have an excess and you're not going to have a shortage. MS. RAMSEY: Ideally, yes, sir. COMMISSIONER COYLE: Okay. Now, it appears to me that we're anticipating an excess of facilities because we are encouraging and actually marketing these fields for use by out-of-county users. MS. RAMSEY: Yes, and let me explain that a little bit, because our seasons run pretty consistently from year to year. There will be a fall league -- and if you want to just stick with soccer for the minute -- there is a fall league in soccer that's a little smaller. Optimist runs during that period of time N aplesY outh Soccer is running, then there's a break. They break about the first week of December. And then they're on break until February or March, and they'll come back in with a six feet -- six league or some other leagues like that, which will go until probably the end of May. And so there's varying seasons, and so there are periods of time when the league is not in play or in session, and that is the ideal time that you would like to bring in your tournament play so that you could Page 169 February 27, 2007 fill in those areas when you're not into league play. COMMISSIONER COYLE: Okay. You're bringing from outside out-of-county users, and that is benefitting primarily the tourist business. MS. RAMSEY: And us because of concessions. I mean, this last weekend we had the regional cup for Naples Youth Soccer, the U I 0 boys program here, of which there are one team here in Collier County who is eligible to play in that tournament, and they did. They then advance off of this tournament to another location. We did $5,800 in concession which stayed in parks and recreation coffers. COMMISSIONER COYLE: And how much money do you get from the TDC for supporting and maintaining these fields? MS. RAMSEY: Specifically I couldn't tell you. For maintaining the fields, nothing. For advertisement of the facilities, they do contribute some in that regard. COMMISSIONER COYLE: Okay. They contribute -- MS. RAMSEY: And 20,000 -- COMMISSIONER COYLE: They contribute money to get more out-of-county users here, but they don't contribute any money to help maintain or build the fields; is that correct? MS. RAMSEY: That would be correct, yes, sir. COMMISSIONER COYLE: I think that's the fundamental flaw in all this business. MS. RAMSEY: We would welcome additional TDC funds if you would like to allocate them, sir. COMMISSIONER COYLE: Yeah. Well, that's up to the chairman to the TDC and the TDC board members. But, I, like other people on this board, particularly Commissioner Henning, do not like the idea that we are marketing and advertising the recreational facilities we built for the citizens of Collier County and we're marketing and advertising them for the use of people outside the county. Because no matter how you explain it, what we have done Page 170 February 27, 2007 is we have invested in excess recreational facilities so we can use some of them to attract additional tourists. Maybe that's not bad, but it is repugnant to me. I do not like the idea even of funding someone for the purpose of promoting that process. If we've got recreational facilities and our teams want to play in tournaments, I'm perfectly happy to try to facilitate that. But to actively go out and advertise to promote tourism, and encourage out-of-county users to come and use our facilities, I do not like it. MS. RAMSEY: I can understand that, and there are two phases to this. There are those where you are out and soliciting tournaments that you may not have any local involvement in. But for the most part, what you see on that list, there is going to be local involvement in those tournaments, especially in those youth tournaments. And just an example of that, is that when you travel, there's a lot of out-of-pocket that goes from the families who are involved in that travel, and the goal when we started this back in 1997, was to allow an opportunity for our families, our players, our children, to be able to host the tournament here to save those dollars. They can go home and rest in between, that should give them an advantage in the tournament play, and give them an opportunity to playa different level of competition, and that was really the genesis of it. Other tournaments coming in, I understand what you're talking about as far as those that may not have any local involvement. But I do think there are two types of tournaments, and I wouldn't want to necessarily put them both in the same basket, sir. COMMISSIONER COYLE: I agree with that observation. But if you were to limit the advertising and promotions for those where our local residents -- our residents were involved in the tournament play itself, I have no problem with that. But I also know that you must, in order to have fields in good condition, you must hold them out of play and practice for some period of time. MS. RAMSEY: That's correct. Page 171 February 27, 2007 COMMISSIONER COYLE: And that means we're depriving our citizens from using those fields, and it goes back to my earlier point, we are overbuilding recreational facilities so we can accommodate these kinds of activities. And I think we have to take a real hard look at that AUIR the next time. But I just don't like the idea of marketing the recreational facilities of our residents for the purpose of generating tourism revenues. CHAIRMAN COLETTA: Okay. Before we go to you, Commissioner Halas, we're going to go right there. We have three speakers. MS. FILSON : Yes, sir. CHAIRMAN COLETTA: After Commissioner Halas, we're going to go to the speakers, and then we'll continue the dialogue. Commissioner Halas? I want to remind everyone we're going to get through this agenda. We haven't got tomorrow to fall back on. So talk as long as you want, but you better have a pillow. COMMISSIONER HALAS: Gee whiz. CHAIRMAN COLETTA: Go ahead. COMMISSIONER HALAS: These -- I guess what we need to do is look at the big picture here, and I believe that Barry brought up the fact that we're trying to address tournaments on the off season. And I believe that there's a user fee that these people that come to our facilities, whether it's in county or out of county, they pay a user fee; is that correct? MR. WILLIAMS: That is correct, yes. COMMISSIONER HALAS: Okay. What benefit does that give the parks and recreation as far as meeting the goals of their budget? MR. WILLIAMS: Well, it -- Commissioner, our budget is driven by user fees. About 30 percent of our budget comes from user fees. And just one other thing, I may mention, is that the utilization of our system changes, in particular, when you think of aquatics. Page 1 72 February 27, 2007 Floridians don't swim much in the winter, however, tourists do. So if you have the ability to take excess capacity in the sense that your citizens aren't using a spot and make it available to the tourists. I guess I'm just trying to appeal to Commissioner Coyle's comments with that. But 30 percent of our budget is user fees. COMMISSIONER HALAS: Okay. So what you're saying is if we decide to vote on this and eliminate any tournament play in here, that you're looking -- you're going to be coming back to the board for a budget variance, right? MR. WILLIAMS: That would be correct. That would be the fiscal impact, yes. COMMISSIONER HALAS: Okay. Since this -- you're trying to stress this to be off season, my concern is that this provides jobs not only for the county, but it also provides jobs in the community for people who work in housekeeping, waiters, and so on; is that correct? MR. WILLIAMS: Yes. COMMISSIONER HALAS: Would you say that -- that was part of your presentation on the amount of money that comes -- the influx that comes into Collier County? MR. WILLIAMS: Tourism is major industry here, yes, sir. COMMISSIONER HALAS: And so what we're trying to do is make sure that we employ these people all year round because it's very difficult to get people to work in these type of jobs. So if we can maintain these people in jobs year round, then it's easier for our business community not to have to go out and hunt, is that correct, hunt for additional help. MR. WILLIAMS: Yes, sir. That's the economic impact that we COMMISSIONER HALAS: And as I said earlier, we've got a couple of things here that drive the economy and also take -- we need to take care of the residents here in Collier County, and that's why I hope that Commissioner Coletta is very successful in addressing some Page 1 73 February 27, 2007 of the needs with the school board because I think they have the facilities whereby -- practice fields. Now, we don't have a running track, and I'm sure there's a lot of people that are interesting in having a running track, but high schools have a running track, and it would be nice if they would open those tracks up for people who like to run. So I think there's some other areas here, and I don't think we're over capacity on parks. I think it's the idea that we need to figure out what helps everybody in the community, not only the residents and the young children, but also the business community. CHAIRMAN COLETTA: Yes. And with that we're going to go to the public speakers, and then we'll continue the dialogue. MS. FILSON: Mr. Chairman, I have three speakers. Paul Nyce. He will be followed by Larry Maybin. CHAIRMAN COLETTA: We thank you for waiting as long as you have to speak. MR. NYCE: My pleasure. I have just a statement I'd like to read. It may just slightly go over three minutes. Good morning -- good afternoon to all. I'm a bit under the weather. My voice is not as loud as usual. Some of the people I'm friendly with that are here in the room this morning are probably smiling about this. I want to first start out by reading from a letter that was recently submitted to the editor of the Naples Daily News written by -- COMMISSIONER FIALA: And your name? MR. NYCE: Paul Nyce. The new park. As the public -- ask the public and what do you hear? Some may say what a beautiful addition to Collier County. We love it. Others may say, it doesn't benefit the residents of Collier County. I happen to be in the youth soccer community and spend my spare time creating soccer leagues and camps that directly benefit the youth of Collier County. Page 174 February 27, 2007 In the past I've been a senior administrator and president of a local soccer club, volunteering hundreds of hours a year for the community. During this time and prior to the new park opening, I can't remember a derogatory word being said about the building of a game-only soccer and softball facility. I think most people are proud to boast that a new facility would be opening in Collier County. In the past month, both of my daughters played at the soccer tournament at the new park against teams from different cities and counties. As a volunteer for one of these tournaments, I was able to glad hand with some of the guests from other areas. The reaction to our new park was that it was beautiful, magnificent, well-built and convenient. There was always a comment about how their community needed a similar facility. Now that this facility has been built, we can boast to Naples that we have completed the cornerstoning foundation to support the infrastructure of the youth and adult sport community in Naples. I propose at this time to share with the public the future plans of Collier school government, the school board and the parks and recreation department to rejuvenate and enhance some of the existing parks and schools. If a plan is not in place yet, will these responsible governmental entities conduct a feasibility study to discover cost-effective ways to satisfy the needs of our growing community by utilizing existing parks and schools? This letter was written several days ago in response to the growing awareness surrounding the lack of suitable and convenient field space for organized youth and adult sports. Since then, even more different and respectable ideas and opinions have been formed. This meeting is about the resolution that was formed recently in response to the growing awareness. I believe this resolution to be Page 175 February 27, 2007 vague and ambiguous. I also believe that some type of resolution needs to be created. Much like long-term plans are created for the roads and commercial and residential zoning in our community, a long-term plan for the growing need for the young and adult athletes in community needs to be created. North Collier Regional Park is a tribute to the economic growth and the future of Collier County. Let us not open up these particular fields to every and any persons with $25 in hand and subject them to the same abuse as all the other parks have dealt with in the past. Let us find a way to accommodate all of the needs of our residents while at the same time preserving a local and regional attraction. Everyone who is a resident deserves to have the ability to reserve space, but it should be at the discretion of the administrators who manage these facilities. This is a delicate process. A lot is involved managing the climate change and field pressure. My opinion is that the addition of new lighted fields and the rejuvenation of existing parks will serve every organized league and club's purpose while also providing the current fields the refs necessary to manage the climate change and field pressure. It is my opinion that organized groups and clubs benefitting youth and adult sports should have the first priority to have convenient and suitable space to conduct their programs. Let me say this important point again. Organized groups and club benefitting youth and adult sports should have the first priority to have convenient and suitable space to conduct their programs. My last words are the most important. Please hear these most of all, my pleas to the members of this commission to organization and mediate an action plan between parks department and the schools. This plan should include enhancing all elementary and middle schools with light and suitable turf or other appropriate surface area. This plan should also include rejuvenating existing park facilities. Page 176 February 27, 2007 Please amend your resolution. A resolution of this magnitude should not cause the destruction of the foundation and cornerstone of Collier County sports. Instead it should cause for our community to immediately begin the construction and renovation of the supporting infrastructure. Thank you. MS. FILSON: The next speaker is Larry Maybin. Mr. Maybin will be followed by Len Stout. MR. MAYBIN: Hi. My name's Larry Maybin. Thank you for giving me this opportunity to speak to you. In today's Naples Daily News, Mr. Chairman, you were quoted as saying, this is about Little League. This is not about Little League. This is about putting Collier County children and families first and the taxpayers first. As you know, North Collier Regional Park was built with impact fees from Collier County residents, and it's the Collier County residents who need this facility. Recently your sports coordinator, Ralph Prior, was quoted as saying they have scheduled 33 various sports tournaments at this facility. It's only been open four months and already they've got 33 tournaments scheduled. How long before they fill in the other 19 weekends in a year? Tourism director Jack Wert is quoted as saying event organizers are calling him. Why are event organizers calling the Tourism Development Council for field space? Because the word is out, a $50 million plus facility unmatched by any municipality in the State of Florida is available for their use. I grew up here in Collier County and have been involved in many youth and adult sport activities. In that time I've noticed one reoccurring theme, lack of practice facilities. We're being told North Collier Regional Park is to be used only for games and tournaments. Why? We've heard CCPR's reason. That Page 1 77 February 27, 2007 reason is to keep them in pristine condition. So if we follow that logic, that means that our various sport organizations are practicing on worn-out fields. Worn out because they're being overused. They're overused because there's not enough of them. Rotate the use of all the facilities to include North Collier Regional Park, and by doing so, every field in this county can be a game-quality field. Why just limit it to eight fields and one facility? The reason we're being asked to be kept off these fields is so that these 33-plus tournaments will have these pristine fields. The needs of our sport organizations are not being met. Just recently you had Little League in here looking for space. The Collier County Parks and Rec. Advisory Council minutes from November of 2006 show a football program looking for space. Soon you're going to have lacrosse in here looking for space. The club I'm currently involved in has been begging for more space for years, practice space. Some will say we need the tournaments to offset the costs associated with this park. The tournaments Collier County Parks and Rec. are hosting now make little to no money. That's because CCPR is hosting them. They're not running these tournaments. They're just providing the field space and renting the fields out. The registration fees are going to private organizations, not into our coffers. Three to five tournaments that were just put on the board are tournaments that are not open to the general Collier County public. You just can't put a team together and go play there. So locals are not being allowed to fully utilize this facility, and CCPR is not nearly making enough money to offset the inconveniences us locals are being asked to bear. So who is benefitting? Hotels, restaurants and event organizers. This park was paid for by Collier County taxpayers, we should have first priority. After our needs are met, then begin to host the Page 178 February 27, 2007 tournaments. With the majority of the -- and one final thought that I just noticed, that if the majority of the users of this particular facility are the locals, then why is Collier County Parks and Rec. against this resolution? Thank you. MS. FILSON: The final speaker is Mr. Len Stout. MR. STOUT: Good afternoon. My name is Len Stout. At a recent BCC meeting there was a discussion, if our youth teams were all paying the same fees to use our county parks. I feel that children and your constituents should all be treated equally. They should not pay any fees to use our parks. For, you see, Commissioners, we struck oil here in Collier County . We have a new regional park. And just like the folks in Alaska where they pay minimal taxes, with the millions of dollars flowing in from our water park and from our visitors to use our fields through tournament entry fees, concessions, and at our local restaurants and hotels, the children are your constituents, and their teams should no longer have to pay any fees to use that park. Put it on, please. Many in the community feel that they've been steam rolled by what they consider to be a secret organization. It's called the Collier County Sports Council, and their goal is to market Collier County as a destination for sports at the regional park and to market Naples as a tourist destination. Question. Who are the members on this sports council and the businesses they represent? Have their meetings been advertised and their meetings minutes been made public? Considering the regional park was built with impact fees of your constituents, are their voices being heard on this sports council as to how to use this park? Is a representative from each of the youth sports organizations a member on this council? Last weekend the regional park hosted 103 soccer teams. That's Page 1 79 February 27, 2007 over a thousand players. Now, out of this thousand, how many of the players were children of your constituents? Ten. And many areas of the field were turned to mud. A soccer tournament is scheduled in April with 31 teams, 560 players, of which 18 will be Collier residents. Don't be fooled by all their rhetoric. The entire economy benefits from these tournaments. What happens is, their businesses expand, they hire more employees that can't afford to live here, which increases our traffic problem, and if they do want to live here, it acerbates (sic) our issue with affordable housing. So to allow the children of your constituents and their team to no longer have to pay any fees to use our parks, I have three recommendations. One. When adult leagues use our parks for their games or tournaments, have them pay a handsome user fee for staff expenses and field maintenance; two, for every tournament solicited by the parks department and TDC, the team entry fee should include an extra $50 in addition to what organizers already give the parks department. This extra money goes directly back to the parks department for field maintenance. Last week with the 103 teams, that would have yielded $5,100. Three, for all tournaments solicited by the parks department and the TDC -- I've got about two paragraphs left. For all tournaments solicited by the parks department and the TDC, for every team from outside Collier County, the TDC should contribute up to $100 to the parks department to help maintain our fields. When these large tournaments bring in hundreds of non-Collier residents' families, it's the hotels and restaurants that benefit. And that's okay. I agree with that. But they should be ready to step up and contributed to help maintain our fields that have been trampled on by their guests. The TDC has taken over our parks for their benefit. It's their Page 180 February 27, 2007 economy that benefits from these tournaments. And what they're doing right now is laughing all the way to the bank. Thank you. CHAIRMAN COLETTA: Thank you. MS. FILSON: That was your final speaker, Mr. Chairman. CHAIRMAN COLETTA: Okay. Commissioner Henning, Commissioner Fiala? COMMISSIONER HENNING: Well, I'll make a motion to move this resolution. Again, the residents of Collier County paid for parks and rec. through impact fees and to deny the public to use those fees, is a legal challenge, and I don't want to go there. I am for the tournaments. I'm not, again, asking, since it was repeated again that -- to kill these tournaments. When I voted for the cost sharing of that in the budget, I was fully aware of what was going on, but the fact is, the citizens of Collier County pay for not only the fields, but they also pay for the concession stands, and I think our citizens should utilize those. And I think you've got the message. But I think that everything that we do -- of importance should be memorialized in either an ordinance or resolution so it can be carried out. COMMISSIONER COYLE: Is that a motion? COMMISSIONER HENNING: I made a motion to approve the resolution. COMMISSIONER COYLE: I second. CHAIRMAN COLETTA: Okay. We've got a motion by Commissioner Henning and a second by Commissioner Coyle. Go to Commissioner Fiala, then I got a question or two. COMMISSIONER FIALA: Okay. Just a couple more fast questions. So from what I understand now, we don't -- we don't get enough -- we don't get anything from the Tourist Development Council, but we don't even get enough from the tourists who use the fields that we save for them to maintain them all the while we're Page 181 February 27, 2007 saving it for them to use; is that right? MS. RAMSEY: Well, there's a couple of things. First of all, I wish Jack was here because he could speak to the sports council a little bit better than I can. But I do believe that there is some stipulation in the council that the hotels do need to kick back some dollars per bed night relationship to tournaments. What that amount is, I can't tell you as I stand here today, but there is some fee associated with that. And then I'll let Barry comment. MR. WILLIAMS: This past weekend we had Sun-N-Fun open. We had 1,700 people that were there. And, again, we would not have had Floridians swimming that number at the park. And for the most part, these were fo lks that were at the -- COMMISSIONER FIALA: But they paid to get in. MR. WILLIAMS: Yes. COMMISSIONER FIALA: And, you know, I'm just wondering, how much do they pay you -- first, how much do they pay for the use of this field? MR. WILLIAMS: The user fees with the fields, I don't have that dollar amount. I know 1,700 folks times $10 is $17,000. I know we brought in $12,000 in concessions. We brought in $29,000 this weekend. I know that just from the concession in Sun-N-Fun. I can get that number for you as far as what we generated from revenue. I'm sorry I don't have that right now. COMMISSIONER FIALA: No. I just meant for the fields. I just -- I would like to know that. And when -- if they do have some kind of money collected from the hotels and so forth, does that come to you guys, or does it go in the tourism department? MS. RAMSEY: No, it should come to parks and recreation. COMMISSIONER FIALA: You said it should. Does it? MS. RAMSEY: I don't know that I -- if Barry has seen any of that yet because we're so new in the tournament field itself. I'm not Page 182 February 27, 2007 sure when they submit that or if, in this particular instance, you know, if -- how many bed nights were actually utilized. I would also state that this particular tournament was probably co-sponsored by Naples Youth Soccer, and the fees that the youth pays, we keep it as low as we can, and a lot of that just goes back to pay for officials to come onto the field so that all of the children in the region for the Naples youth soccer can participate in the program. So this one's -- this one's kind of co-sponsored by the Naples Youth Soccer Club in order to bring it in. And we have worked this tournament for a number of years, and it used to be played at Vineyards. Different age groups and different years, whatever we've been able to secure from the region itself. COMMISSIONER FIALA: I'm just going to speak as a taxpayer now. I don't have any kids in the parks and I don't have any kids using the pools or anything, but I, as a taxpayer, am happy to pay the pay that -- the maintenance of all of those things so that our youth do enjoy it. What bothers me a little bit is that these fields are being reserved for others, and they're not paying their fair share while we maintain the fields as taxpayers for those people that don't even live here, and then if you guys don't get enough money back to help maintain them, that means we get to pay it, and that's what bothers me. One more question -- or two more. Is there room in this park to build a Little League complex? MS. RAMSEY: No, ma'am. COMMISSIONER FIALA: You have no room left in there? MS. RAMSEY: No, ma'am. COMMISSIONER FIALA: That isn't planned for or you have no room? MS. RAMSEY: We have no room. COMMISSIONER FIALA: Okay. What are we going do about Little League who doesn't have a place to play, or the North Naples Page 183 February 27, 2007 Little League teams? MS. RAMSEY: Well, now, I don't believe that at the meeting, that we discussed this, that there was an issue with the Little Leagues having a place to play. I believe that the issue was that there wasn't a complex, there wasn't a Little League complex. And the direction that we received from the Board of County Commissioners was to try and locate a four-field complex for Little League play, and we are currently in the midst of doing that. Barry is trying to get ahold of -- there are seven districts in Collier County. He's trying to get all of the presidents to come into a room together -- and, of course, this is their main season, so he's having a little time (sic) getting them together -- and then bringing in the district representative to sit down and have a conversation as well. From that, then we'll have some direction as to what they're looking for, what kind of space availability we have available currently. And Commissioner, there are three fields -- there are three pieces of land that we currently have; Manatee, of course, as you know; the Kaufman property, which is off the Vanderbilt extension; and out in the Orangetree area. Those are the only three pieces of property that we currently have that are undeveloped. COMMISSIONER FIALA: I see. Okay. I think that's it. CHAIRMAN COLETTA: Okay. Go ahead. COMMISSIONER FIALA: That's all. CHAIRMAN COLETTA: You got another one? COMMISSIONER FIALA: No, I'm done. CHAIRMAN COLETTA: Okay. Help me with this just a little bit. If we go with this particular resolution, what is the short-term and the long-term effect of what's been put together? Would it mean cancellation of events that have already been planned? MS. RAMSEY: Well, I guess I would have to turn to the Board of County Commissioners to help me with a couple of things, and the very last whereas has, whereas, with due notice, the citizens of Collier Page 184 February 27, 2007 County shall have first consideration of the use of the Collier County facilities. And I will tell you that the Region Cup C that you hosted this weekend, we've already preserved the Region Cup C for next year, March of '08. So if you're telling me, you know, that you want me to continue with the youth tournaments and not do tournaments that don't have any local play in it, then we would be looking at cancellations. If you're telling me -- if you could explain to me or give me some guideline of what due notice means, I could help answer those questions a little more clearly. CHAIRMAN COLETTA: Okay. And I'm sure that's going to come up to give you a little clearer guidelines. But I got great concerns that we're moving on this a little too fast. I mean, the end results we're looking for -- tell me if it's not correct -- is to be able to provide a place for Little League play; is that right? MS. RAMSEY: I wouldn't say Little League play because I think we're talking about all kinds of play, from lacrosse to everything CHAIRMAN COLETTA: Okay. But for the younger people in Collier County, the regular residents that are the taxpayers, their children, to be able -- for them to have enough fields for them to be able to recreate on. MS. RAMSEY: That is our -- CHAIRMAN COLETTA: I believe that's -- MS. RAMSEY: That is our ultimate goal, that's correct. CHAIRMAN COLETTA: That's correct. Now, there is an imbalance as far as the use of the fields against funds that we get back. I agree with that. One of the things that -- you know, of course, if this is already killed and we don't have a chance to look at the possibilities of where we're going to get the funds -- I'd like to go to the TDC to tell them that we've got a real problem. We have to come up with dollars that we can be able to use to offset what's taken place, we can Page 185 February 27, 2007 rededicate towards -- MS. RAMSEY: Maintenance. CHAIRMAN COLETTA: -- maintenance for fields, probably for new fields, too, maybe for that Little League park. If we're paying for it out of the general revenue to keep this going and we're not getting reimbursed plus a little bit extra, then shame on us, and I can understand that 100 percent. Now, you know, disrupting the whole fabric at this point in time that we've got put together without trying to come up with a better answer, I don't think that's it. If anything, I'd like to see us give you marching orders to come back and work with the TDC, work this all out, and come up with a plan of action that gets us where we need to be. But meanwhile, you have acted in good faith and upon the direction of this commission. You've taken reservations for those fields. People have already booked rooms. They've put in their family vacations around it. And so now we're going to -- talking about the possibility of just pulling everything from underneath these people, and they might not be residents. Some of them might have relatives here; some of them may be playing locally in these games -- and saying, well, this is all over with because we're going to take these fields, reconfigure them, and make them now into Little League fields or whatever to be able to meet local needs. It's something that we have to do to a point where we've got to figure out an answer to it. But I kind of hope that we don't do something that we're going to stand back later and say, well, maybe we acted inappropriately. Maybe we took and we gave direction. Who is going to trust Collier County in the future when we go and we plan some event, be it a convention or whatever, when they look back at this and they say, well, you know, this was planned at one point in time. We arranged it. We made -- paid for everything, put everything on the line, and look what Collier County did, they Page 186 February 27, 2007 pulled the rug from underneath us. It may all of a sudden be a detriment to the whole industry. That's my concern. That's where I'm coming from. It's not that I'm not -- I'm against Little League fields. I'm not. And I think this is a tremendous mechanism to get to where we need to be financially. But I think that if we pass this particular motion the way it's worded now, that it's going to be pure bedlam. Okay. Let's go to Commissioner Coyle, then Commissioner Henning. COMMISSIONER COYLE: Well, there's a relatively simple way to solve that, I think, and that is to permit you to continue the ones that you've already booked but not to book any more, and that way you won't inconvenience anybody. You won't have to pay any damages or refunds, but just don't do any more except on a space-available basis. CHAIRMAN COLETTA: Well, that doesn't work, Commissioner Coyle, because a space-available basis, anyone that books it, they can be trumped by somebody coming down the bike from a local group that wants that facility. They'll make the reservations and then, on a local-needed basis, those -- somebody could come forward and say, now we want it, and here you've got reservations -- COMMISSIONER COYLE: But the first -- my first suggestion would address all of your concerns, which is not to make it retroactive, make it effective as of today. You won't book any more tournaments or play for out-of-county groups. Let these continue that have already been booked and just don't do any more. CHAIRMAN COLETTA: And you're getting closer to it, but what are you going to do about groups here in Collier County that want to have tournament games against people from other counties, where they go there and they play, they come back here and they play? Page 187 February 27, 2007 COMMISSIONER COYLE: I think we've already said that those are permissible, when we have teams playing or sponsoring the event, that that should be permissible. CHAIRMAN COLETTA: I don't think we've given this enough thought. I agree with you that there's a lot of things you're coming up with that sound very good to be able to get closer to it. I would feel a lot more comfortable if we brought it back so that we have everything outlined, and maybe between now and the time they come back, staff might have better appreciation of the problem. COMMISSIONER COYLE: This resolution is nothing more than a statement of intent. You can pass the statement of intent and then ask the staff to come back and give us the implementing guidelines to accomplish this, that way we don't have two hearings on these things. I mean, why repeat all this stuff again? I mean, we keep wanting to bring things back, bring them back, bring them back. CHAIRMAN COLETTA: We don't have any answers. That's the only reason why. COMMISSIONER COYLE: Well, you don't have the implementing answers, but you don't have implementing answers for hardly anything that we do. CHAIRMAN COLETTA: But the ordinance we have in front of us -- COMMISSIONER COYLE: It's not an ordinance. It's a resolution. CHAIRMAN COLETTA: The guideline. It's all inclusive. The way it's written, it's -- it's the end of the ability to be able to even negotiate and be able to do something. It's the end of a dollar source that we could use to build the Little League parks. I can see tremendous possibilities now. I mean, the TDC's been very lax. They've taken advantage of us. COMMISSIONER COYLE: Well, then why don't you just vote against it and let's call the question. Get this thing done. Page 188 February 27, 2007 CHAIRMAN COLETTA: Well, we will. We will call the question, but first we've got to go to Commissioner Henning, then Commissioner Fiala. COMMISSIONER HENNING: Well, look, would it be helpful if we removed the word first and now there be it claimed (sic)? MS. RAMSEY: Well-- and my real one is the due notice. And part of my concern is, is that if we had the tournament that we had this weekend and another team came up and said, I want field, you know, three and four, what does that truly mean to us? And I think the due notice has to be defined, and that was my concern with that particular whereas. Right, first right. That was -- my concern with the last whereas had to do with the undefined due notice. COMMISSIONER HENNING: Right. And I think that you need to bring back something to us to accommodate. MS. RAMSEY: Most definitely, I can do that, as long as you give me some opportunity here, you know, so that I can come back to you with some other opportunities because there still are some times when our regular league seasons are not in play. And if you're open to hear some of that, you know, I would appreciate to be able to come back with you with some of those tournament plays that are happening in July when our leagues are totally non-existence at that point in time. COMMISSIONER HENNING: And I heard you say that, and I don't have a problem with that. And it's not to cut out the visitors. I think it was, clearly, I said that. I don't know why we're continuing to discuss this. It's very simple. MS. RAMSEY: I believe that the intent that I'm hearing from Commissioner Henning is our intent. Our intent is to make sure that every league in Collier County that wants to play at these facilities has that opportunity to do that. I think we've done a really good job at that. I think our numbers show that. And so if you just want to solidify that, this staff has no problem -- COMMISSIONER HENNING: Ms. Ramsey, it's also the little Page 189 February 27, 2007 boy that wants to kick the ball on that field that was turned away. MS. RAMSEY: I agree. And you know what? COMMISSIONER HENNING: And they had to be given direction by somebody above to make that happen, because this happened more than once. MS. RAMSEY: Our -- we have two different definitions. Pickup game versus practice. And what we have said, if it is a pickup game, a family has a picnic, they want to toss the ball around, Dad wants to go out with his three children and kick around on the soccer field, we have no problem with that. If that is not clearly defined down to the, you know, on-site people, then we will take care of that issue. But we definitely believe that if they're out there having a good time, I don't see a reason why they can't fly a kite. Why they can't, you know, throw the ball. There's no reason that they can't do that. And if that is not clearly being stated, then we will definitely make sure that it is. MR. MUDD: Commissioner, whatever you do on your motion, we will come back with implementing instructions for you, and you can look at them in finite detail and talk -- instead of talking about examples that are popping up, we'll go down that list with you, and you can concur with it or you can tell us how you want to change it. We'll do whatever you want, COMMISSIONER COYLE: That's the way we do with all the resolutions. MR. MUDD: Yes, sir. COMMISSIONER COYLE: That's the way we do it. And there's nothing different. We've been debating it for an hour now, and it's exactly -- you're exactly right. CHAIRMAN COLETTA: Okay. Let's get to Commissioner Fiala. We'll-- COMMISSIONER FIALA: Okay. This is fast. I just -- I heard somebody say -- I think it was Commissioner Henning -- just take out Page 190 February 27, 2007 "first" as far as considerations go, and the other thing is, you wanted to define due notice. I think that's pretty simple. I would like to wait to hear you do that. CHAIRMAN COLETTA: Okay. So in other words, we're sending this back and it's going to come back to us to make some minor corrections -- COMMISSIONER FIALA: We have a motion on the floor. CHAIRMAN COLETTA: -- and we're going to be dealing with the issue again when it comes back. COMMISSIONER HENNING: There was a motion -- MR. MUDD: Motion -- you have a motion on the floor -- COMMISSIONER HENNING: -- to approve the agenda. MR. MUDD: -- and a second on a particular thing to accept the resolution as written. CHAIRMAN COLETTA: Okay. Let's go-- MR. MUDD: You have to call this question. CHAIRMAN COLETTA: Okay. Mr. Mudd, I appreciate your help on that very much. I really do. If it wasn't for you, I wouldn't know what to do next. And with that, I'm going to call the question. I've been instructed fully how to do it by the county manager. COMMISSIONER COYLE: Good. CHAIRMAN COLETTA: Yeah. All those in favor, indicate by saYIng aye. COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Okay, aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Okay. It passed 4-1. Page 191 February 27, 2007 Item #1 OA REPORT TO THE BOARD OF COUNTY COMMISSIONERS ON THE BLASTING ACTIVITIES AT JONES MINE COMMERCIAL EXCAVATION SITE - APPROVED; STAFF TO CHECK PUD TO MAKE SURE THAT ALL IS BEING DONE AS PROMISED MR. MUDD: Commissioner, this brings us to our next item on the agenda, which is lOA. It's a report to the Board of County Commissioners on the blasting activities at the Jones Mine commercial excavation site. Mr. Tom Kuck, your county engineer, will present. COMMISSIONER COYLE: Motion to accept the report. CHAIRMAN COLETTA: Oh, no, no. COMMISSIONER HENNING: Second. CHAIRMAN COLETTA: Okay. Don't go away. We've got a motion by Commissioner Coy Ie and a second by Commissioner Henning. And I really need for this report to be read out. There's a lot of concern in the area around Jones Mine over what's taken place there. MR. KUCK: Again, for the record, Tom Kuck, county engineering and engineering director in community development. I should say, good afternoon, and it's been a long day for all of us. I'm going to do a little bit of a backup. At the November 28, 2006, board meeting, Mr. Joseph Dimurro, a neighbor to the Jones Mine who resides, I think, on 20th Street Southwest, under public petition 6A, voiced concerns and alleged damages to his residence. As a result, the board requested the engineering department to provide a report on blasting at the second meeting in January. Subsequently, Mr. Dimurro requested the report be delayed until today's meeting. He wanted it to be postponed until the second meeting in February. Page 192 February 27, 2007 One interesting thing that you may not be aware of is on February 19th the county manager and myself received an email from Mr. Dimurro that he was withdrawing his filed public petition, so he will not probably be here today. I just wanted to add that so you would know. Attached to this executive summary are two reports related to the blasting at the Jones Mine site, and I don't -- you've got them attached. And I don't know if you want them on the screen or if you just want to follow them. CHAIRMAN COLETTA: If you wouldn't mind, maybe you could give us a condensed version from what they were blasting with before to what they're blasting with now, why the situation has improved. Hopefully it has. Has it improved as far as the residents in the area are concerned? MR. KUCK: It seems -- I don't think there's been a whole lot of blasting since the first of the year, to be real honest. One of the complaints we did receive, and that was back -- oh, I've got it somewhere -- we had numerous calls on -- about blasting, and we traced it down. And we -- there were no -- there was not any blasting done on that date. It was all a result of a couple military jets breaking the sound barrier, and we've had that happen in the past. You know, that creates a similar vibration to what blasting does. But going back to the report number one -- I'll go over that briefly with you -- that's the blasting log from the Jones Mine. And it shows the trip number. And we've done like 25 trips. There's been -- 25 blastings have been performed. I've got listed inspection dates, when that would be -- when the blasting occurred. I've got the name of the on-site inspector from my department who's there to monitor the blasting. I've also included the number of holes that were shot that day, and pounds per charge in the hole, and then followed by that is the seismograph readings. And on the vibration, our regulations say they cannot exceed 0.5 Page 193 February 27, 2007 inches per second, which is kind of a technical term. But it's interesting to note -- and you can follow that column down -- the largest vibration on the register was .32. And then I took an average all the blasts, and it comes out about 0.12, way below what the county's regulations are. And that -- the same is true on the -- for the decibel -- the air blast noise, and that's in the last column. And I didn't average those. But looking at it, it would probably average around 112 or 113. The allowable is 133. Now, I'll go on. First I'll ask if you have any questions on that particular log. CHAIRMAN COLETTA: The -- let me put it in a different context. The people out there that were complaining -- and I'm sorry, Commissioner Fiala. I'll come right to you -- that were complaining, from what I can see here, the blasts back in the earlier part, back in last August, September, seemed to have heavier charges; is that correct? MR. KUCK: Yeah, that's correct. The blasting contractor voluntarily -- I think it was after the -- shortly after the board meeting that we had in November, he reduced his charges down in the neighborhood of 20 to 30 percent. CHAIRMAN COLETTA: Yeah. We started off-- MR. KUCK: And he did that -- he did that voluntarily. CHAIRMAN COLETTA: We start off with 14, we go to 10,21, 23, and then towards the bottom of the list, you look at it and it starts to get reduced, six, eight, three. MR. KUCK: And that -- CHAIRMAN COLETTA: Vibrations, dealing with the vibrations, because I don't know for sure what you would -- other than that to judge it on. You've got to have some matrix to be able to measure with. MR. KUCK: Yeah. Those were all -- Page 194 February 27,2007 CHAIRMAN COLETTA: So I mean, this is the reason why we're not getting complaints now, hopefully? Or do you think they just gave up? There was a tremendous amount of complaints at the beginning. MR. KUCK: Commissioner, I'm not really sure. We -- again, they haven't done a lot of blasting in the last month and a half, and that -- if they're not blasting, we're not going to get complaints, so -- but I also think that when they voluntarily reduce the poundage, that that probably had an impact on reducing down the vibration. CHAIRMAN COLETTA: Okay. So I understand where you're coming from. So this has been dormant for a month and a half. When they start back up again, we're going to have to deal with the situation one more time to see where it's going to go. Hopefully they keep the charges low. They deal with this in a humane manner rather than how they did it for a while. MR. KUCK: Yes. And after I complete my report, I think Rory Simon, the president of the blasting company, is here, and he may be able to address some of the questions also on what their future plans are. CHAIRMAN COLETTA: Well, that I might ask some questions of, but right now, Commissioner Fiala -- COMMISSIONER FIALA: Oh, no, no. That's from before. CHAIRMAN COLETTA: Oh, that's from before? COMMISSIONER FIALA: Yeah. CHAIRMAN COLETTA: Let me go to Commissioner Halas, then I'll go ahead and ask questions afterwards. COMMISSIONER HALAS: You've got a scale here that says not to exceed 133 decibels. MR. KUCK: Yeah. COMMISSIONER HALAS: Are you basing, that 120 decibels is one G? MR. KUCK: Is one what? Page 195 February 27, 2007 COMMISSIONER HALAS: One G or one gravitation -- or gravitational measurement? MR. KUCK: I'd have to ask the blasting contractor to address that. We-- COMMISSIONER HALAS: You're not dealing with sound here. You're dealing with vibration. MR. KUCK: No. The vibration is the -- picked up on the seismograph. It also records -- COMMISSIONER HALAS: Oh, I see. MR. KUCK: It also records at the same time, simultaneously, what the noise level is, and that's the decibel. COMMISSIONER HALAS: Okay. You're measuring -- okay, I got you now. It says, do not exceed .5, which is .5 G's; is that correct? MR. KUCK: Yes, that's correct. COMMISSIONER HALAS: Okay. So this -- this is really what we should be looking at is the vibration that's being transmitted across -- through the ground? MR. KUCK: That's true. The higher the vibration level, the more chance you're going to have for damages to structures. COMMISSIONER HALAS: Okay. So what you're doing here, from what I can see on this scale, is that the amount of G's that are being generated are being -- are less since they've changed their charge? MR. KUCK: Yes. COMMISSIONER HALAS: Okay. So therefore, we're imposing problems, vibration problems, to the homeowners around that area? MR. KUCK: Well, they'll be probably feeling some of the vibration even with those lower levels. I've done a lot of research, you know, in other states and even other countries, but we're far below in our requirements than these other states, even the counties here in Florida, and some of the foreign countries. Page 196 February 27, 2007 I read an article or pulled it up on the web that the permissible average level for the vibration limits in the United States varies from 1 to 1. 5. Years ago we had a requirement that they had to be -- couldn't be over one, and then I rewrote the blasting ordinance, oh, 10 years ago or so, and I copied a lot of information that was being used at that time in Dade and Broward County and adopted our blasting ordinance, and since that time there's been numerous counties that adopted the same ordinance that we have and -- go ahead. COMMISSIONER HALAS: And that's where you're saying, do not exceed a half a G? MR. KUCK: That's correct. COMMISSIONER HALAS: Okay. Gotcha. MR. KUCK: And if they exceed 80 percent of that halfG, which would be .4, they have to stop blasting and come and tell us what they're going to do. And it's kind of a warning. We'll allow them within 80 percent of that .5, but if they hit .4 or .41 or whatever, they have to stop blasting and come to the engineering department and tell us what they're going to do by reducing their charges or whatever. COMMISSIONER HALAS: That's measured at their property line; is that correct? MR. KUCK: This is -- normally they're recorded at the nearest structure to where the blasting is occurring. There's some cases in the past where we've -- I think the blasting contractor has set up a permanent seismograph at locations where we've received a lot of complaints as well as having another seismograph recording where it's going to close -- the structure where it's closest to the actual blasting occurrence. COMMISSIONER HALAS: Okay. CHAIRMAN COLETTA: Okay. Why don't we go to the speaker, and then if there's any other discussion, we'll -- MS. FILSON: You have one speaker, Mr. Chairman, and I Page 197 February 27, 2007 believe his name is David Purdie. He can correct that when he comes up. CHAIRMAN COLETTA: State your name for the record. MR. PURDIE: Oh, Dave Purdie. I'm sure you guys remember me. I don't know when the last time they blasted. The last time I was home when they blasted was on the 29th of November, and it was quite an experience. I was really waiting for my windows to break and my walls to crack. The statement that I have here that I wrote for you guys -- do you want one? COMMISSIONER FIALA: No, no. Speak into the microphone. MR. PURDIE: Oh, I'm sorry. Sometimes I don't like to hear myself talk. Anyway, everything here that's happened since the blasting started -- I gave a brief summary here. You can read it if you like, put it on public file. I have cracks in my home. They weren't there before this blasting started. They're there now. I'm not here to argue with him, them, or anybody else. There's cracks in my home. What do we do now? I mean, to you -- Rory came and looked at them. Rory Simon's a very nice guy. I got to -- I got to say that. He's always answered my calls. Came to my house, looked at it. The one -- in the one bedroom, I've never seen a crack like that before, okay. It's not like a regular hairline crack or settlement crack. It's like the whole ceiling moved. I'm not trying to assassinate your project out there, but come on, man. Gi ve me a break. CHAIRMAN COLETTA: Good question, but it isn't our project. MR. PURDIE: Oh, you know what I mean. CHAIRMAN COLETTA: The people that have the project are going to be responsible to answer, and that's the reason why we're here today is, we had an issue over the complaints that were out there, and Page 198 February 27, 2007 that's why we scheduled this particular meeting. And I'm looking back on the record. On the date you talk about, 11/29, it shows that the vibrations were .12. Prior to that, going back to -- just to give you a comparison, 11/17 they were .10, then they went down on 11/20 to .8 -- .08. After they did the monstrous .12 on the 29th that you're referring to, on the -- December 6th, it went down to .06; the 20th it was .08; and then on the 16th it was a low .03. So you're observations on one particular day agree with the chart that's in front of me. Now, who's here from the company itself, from Jones Mining? Anybody? MS. COOK: Nobody here's from Jones Mining, but Jones Mining's blasting contractor, Rory Simon, is in the back and would be available to answer any questions you have of him. And he is also -- CHAIRMAN COLETTA: Well, my question is, who's going onto his property to check out the damage? MR. PURDIE: No, Rory -- MR. KUCK: When we get a -- when we receive a complaint, we will desig -- Bill Spencer receives those complaints. He gets ahold of Rory and instructs Rory to get ahold of the property owner and make a meeting to go out and look at the alleged damages. And on top of that, we do have videotapes that were taken of all the properties prior to any blasting, and that's a requirement that we have. But sometimes, I'm not saying -- it's possible, you know, after those videotapes are taken, that you could have a crack show up in a side wall or in plastering, and it may not really be related to the blasting. There's like four different things that contribute to cracking of plaster and to cracking of sidewalks, which include, I just happen -- a lot of places have a lot of fill put in, four, five or six feet of fill, and if that's not properly compacted, it's like being on jelly, and you get a vibration, and it's going to move something, and a lot of that's caused Page 199 February 27, 2007 by improper compaction when the homes are built. Another thing is improper curing. The contractors have a tendency to pour the concrete and, you know, walk away from it, but you should be using curing compound installing the joints, and it's the same way with plastering. They want to slop it on there sometimes, but you get too much moisture, you're just defeating the whole purpose, and that can lead to cracks also in plastering. MR. MUDD: Yeah, but Tom -- let me interrupt for just a second. Commissioner, if they went out prior to the blasting started and they looked at the condition of the properties and the properties are such and such on the video, and after they started blasting, they go back and they look at the properties and the properties have some damage to it, you know, then that's the blasting company -- CHAIRMAN COLETTA: Then who's re -- MR. MUDD: Oh, the blasting company has that responsibility. CHAIRMAN COLETTA: The blasting company. I could care less about the cured concrete -- MR. MUDD: Because when the blasting company started, they went out and they inventoried those homes, okay, and what their -- and what their conditions were. They knew that when they started the blast, if there was any condition change to those homes, that they were going to be responsible for it, and that's the bottom line. I've done lots of blasting projects in my life, and I'm telling you, every time we've gone out there and we've inspected, they knew the day that they started that they were going to be responsible for the damage if it looked like it had to do with -- anything with the vibration, and that's the price they pay for opening up a mine. CHAIRMAN COLETTA: Well, how do we get these people to do what they should have done? Can we pull their license? I'm for pulling their license right now; I really am. MR. MUDD: Okay. MR. KUCK: Well, one of the problems we have is that we did Page 200 February 27,2007 not issue the blasting permit here in the county. That responsibility was given to the state fire marshal in the year 2000. And the only reason we're out here observing these blasts is because the board directed us to do inspections on it. And the developer, the owner of the mine, and the blasting contractor agreed to pay our inspection fees, which amounts to $200 each time we're out there. They wouldn't have had to have done that because -- CHAIRMAN COLETTA: Well, the end results is-- MR. KUCK: We're out -- we're pretty much exempt from what the blasting permit is. I'm going to recommend that we enter into an interlocal agreement possibly with the state fire marshal where they give us the responsibility to take and make the inspection and where we can legally collect a fee on it, and then when there's complaints, we will fire those back to the state fire marshal's office. CHAIRMAN COLETTA: And it goes through the whole rigamarole. It gets held up with bureaucracy. Is there anything, Mr. Weigel, we can do under the PUD to exact something from these people to make them do what they promised to do when they were before us? MR. WEIGEL: Only if it's already in the language of the PUD, and, of course, we'd have to look at that and report back to you. MR. MUDD: I believe this was a conditional use, David. MR. WEIGEL: Okay. We're being told that it could be, that the conditional use could be withdrawn. I'd have to, you know, look at that a little further myself, but that is a thought. The mining is under a conditional use. The mining's under a conditional use permit. MR. KUCK: And we've talked about that. Our only leverage is to try and rej ect the -- MR. MUDD: Conditional use. MR. K U CK: -- conditional use on it. Page 201 February 27, 2007 CHAIRMAN COLETTA: Come on, fellow commissioners. Help me with this one. We've got a promise that was made before us that they would not be doing what they're doing, that they were going to tape it, that they were going to take care of the residents, and they're not doing it, and now we're hearing about the fact that the fire marshal controls the blasting element. We've still got the PUD in our corner. I'd like to see us direct the county attorney to come back and tell us legally what we can do. And I'd like to see us follow through on it. COMMISSIONER FIALA: I agree. MR. KUCK: I'll give you a little bit of history why it went to the state fire marshal, if you want to know the reason for it. CHAIRMAN COLETTA: To be honest with you, I don't. I just want to know what I can do to exact the -- extract from these people what they need to do to be able to make us whole and my residents whole. COMMISSIONER HALAS: I think the county manager hit upon it, and that is, they went in there, they took pictures, and then the blasting started, then obviously this gentleman's got a problem. The end result is, that's who's responsible to repair this man's house. End of story. CHAIRMAN COLETTA: You're right, but you got to be able to exact it some way. They're not doing it. They're finding every reason in the world not to. COMMISSIONER HALAS: Well, if you'd limit -- if you stop the amount -- if you stop trucks from going in and out of there, they can't sell their fill. Guess what? They're going to have to address the . Issue. CHAIRMAN COLETTA: Well, we have to make sure we're within our legal framework to be able to do this. MR. KUCK: And I recommend that they do file a complaint with the state fire marshal and -- COMMISSIONER HALAS: This gentleman here? Page 202 February 27, 2007 MR. KUCK: Yes. CHAIRMAN COLETTA: Why should he? I'll be honest with you. The deal was struck in this room with Jones Mining that they would not do what they're doing now and that they would take care of it. Why should we make this man responsible to go to the fire marshal and try to go through the whole thing at the state end when the promise was made to this commission that they would perform a certain way and they haven't done it? COMMISSIONER HALAS: Then we have the county go to the fire marshal. They've got the evidence. MR. MUDD: Commissioners, I'd suggest you give some direction to staff, either myself, the county attorney, in concert, to basically research the ability of the county to revoke the conditional use, go through the proper steps to advertise this in order to go through it. And we'll come back at the next meeting and basically discuss that particular item with you. CHAIRMAN COLETTA: Okay. Meanwhile, the issue before the -- I've got to see if my fellow commissioners agree to that, then we'll go to the motion that's on the floor. Commissioner Halas? COMMISSIONER HALAS: I agree, but maybe the county attorney can give us some guidance. He's the one that maybe should just write the information to go to the fire -- state fire marshal in regard to this. CHAIRMAN COLETTA: That's not going to work. The state fire marshal's not going to work, believe me. It's still -- it's the whole bureaucracy that's over and above everything we're here with. We've got a PUD that these people promised to perform, it's with the Collier County Commission, not with the state fire marshal. COMMISSIONER HALAS: Okay. What's the motion on the floor? CHAIRMAN COLETTA: Well, the motion on the floor is to Page 203 February 27, 2007 accept the report as is. Now, that's a separate thing altogether, the report. The report is factual. It's nothing more than what actually happened as far as blasting and the powers. That's no problem. The direction we give to the county manager is another thing. The county manager just made a suggestion, and I kind of hope that I can get three commissioners to agree with me to have him work with the county attorney and see what's possible. COMMISSIONER HALAS: Fine. COMMISSIONER FIALA: Oh, I agree. CHAIRMAN COLETTA: Okay, great, okay. So there's the verbal direction. Now we've got the motion on the floor as far as the report. The motion was made by Commissioner Henning, a second by Commissioner Coyle. MS. FILSON: It was made by Commissioner Coyle and seconded by Commissioner Henning. CHAIRMAN COLETTA: Okay. I got it backwards. Commissioner Coyle -- and that's the first time today I got it wrong. Commissioner Coyle was the one that made the motion, Commissioner Henning with the second. Any other comments on it as far as accepting the report? The report has nothing to do about what we're talking about. COMMISSIONER FIALA: That gentleman was raising his hand. MR. SIMON: Any response by the public? CHAIRMAN COLETTA: You were supposed to sign up, sir. I'll have to -- I'm going to allow you to come up here. You're the blasting person? MR. SIMON : Yes, sir. CHAIRMAN COLETTA: No. I'm going to have you talk to the county attorney and the county manager afterwards and then you can work out the details. I don't want to hear why it can't be done. I just want to know how it can be done. Page 204 February 27, 2007 I'm sick and tired of sitting down here, coming to an understanding with the developer or a mine and then finding out that they got reasons why they're not going to perform after they made promises to do so. So with that, we've still got the motion on the floor. Motion is different than the direction. All those in favor of the motion to approve the report that we have in front of us, indicate by saying aye. COMMISSIONER COYLE: (Absent.) COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 4-0. Thank you very much. Maybe we can set a fire under everybody and something will happen now. COMMISSIONER FIALA: He wants to know what we just did. MR. PURDIE: Yeah, what -- exactly. CHAIRMAN COLETTA: We directed the county attorney and the county manager to get together and see what we can do under the PUD as far as what they promised they were going to -- that Jones Mining was going to do when they were before us, if they violated the PUD, to come back before this commission and tell us how we can shut them down for nonperformance. COMMISSIONER FIALA: And fix his house. CHAIRMAN COLETTA: Well, they've got to fix his house to be able to get out of this whole thing. You've got to fix everybody's house they did damage to. But no, we don't know where that's going to go yet. We're going to -- MR. PURDIE: Am I going to have to come back here? Page 205 February 27, 2007 CHAIRMAN COLETTA: Yes. You don't have to, but I would love to see you here. MR. PURDIE: Yeah. I've made so many good friends here, I -- you know, I just want to come back. CHAIRMAN COLETTA: You're part of the family now. We don't want you gone too long now. MR. PURDIE: Well, maybe one of these days I'll have my name up there. You won't know what I'm talking about, but maybe it will be up there. CHAIRMAN COLETTA: That's okay. MR. PURDIE: I thank you very much. CHAIRMAN COLETTA: Thank you so much for dealing with this. I know it's probably a little difficult at times. MR. KUCK: A report is very easy to put together. It's -- you know, it's the controversy over the blasting and everything, and we're -- as I said, we're limited in what we can do on the blasting. Looking at it from a conditional use, that's another story. CHAIRMAN COLETTA: Thank you very much. Mr. Mudd, what's next? Item #1 OB A WARDED WORK ORDER HS-FT-3785-07-03 IN THE AMOUNT OF 2,846,000 TO HAZEN AN SAWYER, P.C. (H&S) FOR PROFESSIONAL ENGINEERING SERVICES TO EXPAND THE NORTH COUNTY WATER RECLAMATION FACILITY (NCWRF) TO 30.6 MILLION GALLONS PER DAY (MGD) MAXIMUM MONTH AVERAGE DAILY FLOW (MMADF), AS PROJECT 73950 - APPROVED MR. MUDD: Next item is 10B. It's a recommendation, sir, to award work order HS-FT-3785-07-03 in the amount of $2,846,000 to Page 206 February 27, 2007 Hazen and Sawyer, P.C., which is H&S, for professional engineering services to expand the North County Water Reclamation Facility to 30.6 million gallons per day maximum month average daily flow as project 73950, and Mr. Peter Shalt, principal project manager for public utilities, will present. MR. SCHAL T: Good afternoon, Commissioners. I have a presentation prepared or I can answer any questions you may have. CHAIRMAN COLETTA: Why don't we go to the questions at hand, and then if we need more information, we will. Commissioner Henning? COMMISSIONER HENNING: Under -- the protocol for a work order in this case -- is up $3 million? MR. SCHAL T: Three million is the limit, yes. COMMISSIONER HENNING: Okay. And this is opening up a new work order for this? MR. SCHAL T: This is a brand new work order under that fixed annual term contract. COMMISSIONER HENNING: Yeah. Well, based upon historical information, there'll be change orders. So what happens when it goes above $3 million? MR. SCHAL T: We've been assured and we've negotiated properly where there will not be change orders. The only method that will result in a change order is if there's unforeseen conditions. We don't anticipate that. That's why we hired this firm. They have the most experience with this plant. They've been out there 15 years and they're intimately familiar with it. COMMISSIONER HENNING: Do you have any contingencies in this work order, financial contingencies? I know Mr. Feeder puts like a 10 percent contingency on it. MR. SCHALT: We typically don't on design contracts. When we go to construction, we'll formally bid that. We will have contingencies in that for construction, but we typically don't do that in Page 207 February 27, 2007 design contracts. COMMISSIONER HENNING: I just don't see it coming back without a change order. MR. SCHAL T: If it should, in the unforeseen case, we will bring it back to the board and we'll present that to you for approval. COMMISSIONER HENNING: You'll have to. MR. SCHAL T: Absolutely. COMMISSIONER HENNING: The thing is, is what to do when it goes over $3 million? You say, well, you need to go out to bid? No, we're too for down the line. MR. CARNELL: Steve Carnell, purchasing director. Commissioner Henning, your question, we spent hours on that, Mr. Schalt and my staff, that very question. Now, this contract did contemplate work up to $3 million. But we went through all the questions of what could possibly happen to drive it over the 2.8 and cause change orders. And as Mr. Schalt has said, we have looked at every scenario we could come up with. We'd evaluate it from an operational standpoint with the wastewater department as well as with the project management staff, and we've -- at this point, it's our good faith best knowledge that we can hold to this 2.8 million. We've had conversations in depth with the consultant. And as a matter of law, if we go over the $3 million, which could happen under the scenario of an unforeseen condition, the board can waive and approve additional work. Now, I don't want to say that lightly as though we are planning on doing that. The intent of your staff here is to follow the 2.8. The consultant understands that the target is to stay right within the number or come in possibly a little bit under it. But there is -- it's not a legal issue in terms of coming back to the board. We would have to justify the increase at that time, if there were to be one. Page 208 February 27, 2007 COMMISSIONER HENNING: Right. And it's a policy. MR. CARNELL: Yes, sir. COMMISSIONER HENNING: Yeah, yeah. Well, okay. CHAIRMAN COLETTA: Do I hear a motion? COMMISSIONER HALAS: I make a motion for approval. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: Motion for approval by Commissioner Halas, a second by Commissioner Fiala. Any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: (Absent.) COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 4-0. And we're taking a break. MR. SCHAL T: Thank you, Commissioners. CHAIRMAN COLETTA: Thank you. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, Commissioners, you have a hot mike. Commissioner, we're going to take it a little bit out of order because we have Mr. Limbaugh here. He's not under oath right now, but we can make that happen. Item #10E Page 209 February 27, 2007 RESOLUTION 2007-49: APPROVING A STATE INFRASTRUCTURE BANK LOAN AGREEMENT IN THE AMOUT OF 12,000,000, THE AMENDED LOCALLY FUNDED LUMP SUM AGREEMENT AND THE RESOLUTION AUTHORIZING THE CHAIRMAN TO ENTER INTO AND EXECUTE THESE AGREEMENTS WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO BE USED FOR THE I-75/IMMOKALEE ROAD INTERCHANGE LOOP PROJECT- ADOPTED This will be 10E, to seek the board's approval of a state infrastructure bank loan agreement in the amount of $12 million, the amended locally funded lump sum agreement and a resolution authorizing the chairman to enter in and execute these agreements with the Florida Department of Transportation to be used for the I-75/Immokalee Road interchange loop project. Mr. Don Scott, your transportation planner, chief planner -- director, will present. MR. SCOTT: Something like that. This item is presented to finalize the agreements with FDOT on the state infrastructure bank loan for $12 million and also the locally funded lump sum agreement, which you previously approved back in May of 2006. But obviously there was one part of that where they pay us the money, I turn around and pay it back to FDOT. It kind of made sense for the money to go straight to District 1, and that's the adjustment in that locally funded agreement. Obviously, you might have read the newspaper about I -7 5. The bids did come in. The lowest bid does fit within the project. There is a project there for widening 1-75 and Immokalee Road interchange. This project is included within that. And I open it up for any questions. COMMISSIONER FIALA: Motion to approve. Page 210 February 27, 2007 COMMISSIONER HALAS: I've got a question for Johnny Limbaugh. CHAIRMAN COLETTA: Well, let's see if we've got a second first. COMMISSIONER HENNING: I second it. CHAIRMAN COLETTA: We've got a motion from Commissioner Fiala -- COMMISSIONER FIALA: Commissioner Henning seconded. CHAIRMAN COLETTA: I'm sorry. Commissioner Henning seconded it. Okay, thank you. Commissioner Halas? COMMISSIONER HALAS: Johnny, does this mean that this $12 million -- that we're going to get that loop in first? COMMISSIONER FIALA: Good question. MR. LIMBAUGH: We actually have a meeting set up with your staff to -- once we finalize the selection of the team -- to sit down with the team and relay this board's intention that that loop would be attended to at the -- as quickly as possible. We've already talked that over. We're going to sit down with the contractor as soon as we get them onboard and discuss the schedule. Today I can't say that it's the first step. There's no design, and the contractor has designed other parts. So it will require -- you know, permitting and everything else will be the timetable that sets that course. COMMISSIONER HALAS: Well, we're getting closer to what I think needs to be addressed, and that is, at least now you've moved off center, that you're saying that there is a good chance since we're turning over $12 million to you, to address the loop here at Immokalee Road. So I like what I'm hearing, and I hope it moves in that direction. MR. LIMBAUGH: Okay. I'm not under oath, but I think what I said is we're going to talk about that. Page 211 February 27, 2007 COMMISSIONER HALAS: I'm going to hold you to it. MR. LIMBAUGH: I didn't guarantee that it was going to be at the beginning. COMMISSIONER COYLE: They'll just transfer that money up to Lee County somewhere and use it there. That's what's going to happen. CHAIRMAN COLETTA: Okay. With that, any other -- any comments? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor-- MS. FILSON: I don't have a second, do I? CHAIRMAN COLETTA: Do you have a speaker? COMMISSIONER FIALA: It was Commissioner Henning. MS. FILSON: Okay. Thank you. CHAIRMAN COLETTA: 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 very much, Johnny. Appreciate you waiting. MR. MUDD: Thank you very much, Commissioner. Item #10D RESOLUTION 2007-50: AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF FEE SIMPLE INTERESTS AND/OR THOSE PERPETUAL OR TEMPORARY EASEMENT INTERESTS Page 212 February 27, 2007 NECESSARY FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS REQUIRED FOR THE EXTENSION OF TREE FARM ROAD FROM DAVILA STREET TO MASSEY STREET AND WOODCREST DRIVE FROM IMMOKALEE ROAD TO TREE FARM ROAD; (PROJEXT 60171) WITH AN ESTIMATED FISCAL IMPACT OF 1,200,000.00 - ADOPTED That bring us to 10D. That's a recommendation to adopt a resolution authorizing the acquisition by gift or purchase of fee simple interest and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the extension of Tree Farm Road from Davila Street to Massey Street and W oodcrest Drive from Immokalee Road to Tree Farm Road. Project number 60171, estimated fiscal impact $1,200,000. And Mr. Norman Feder, your transportation administrator, will present. COMMISSIONER HENNING: Move to approve. CHAIRMAN COLETTA: Second. Motion by Commissioner Henning and seconded by Commissioner Coletta for approval. With that, we have Commissioner Halas's light on. COMMISSIONER HALAS: Yes. My question is in regards to -- if you'd refresh my memory exactly when this road was going to be put in by the developer. Was it before there was any COs or was there -- after a portion of COs? Can you tell me exactly when that road will be in and functional? MR. FEDER: Yes, Commissioner . We have to buy these three parcels to allow them to proceed on the construction. We are slated to have this at least by April of '08 for them to construct. They are limited in the case of Summit Lakes, which is a major part of this issue, to 50 percent of their COs until the road is completed, then they're allowed to proceed with the other 50 percent. Page 213 February 27, 2007 COMMISSIONER HALAS: Thank you very much. CHAIRMAN COLETTA: Okay. So we have a motion by Commissioner Henning and a second by Commissioner Coletta. Any other comments? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: (Absent.) COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 4-0. Item #10F BUDGET AMENDMENT TO MOVE EXCESS LANDSCAPE MAINTENANCE FUNDS IN THE AMOUNT OF 1,148,493.03 FROM FUND 112 TO THE TRANSIT OPERATIONS FACILITY FOR REPAIRS AND OR RENOVATIONS NEEDED AT THE SITE - APPROVED MR. MUDD: Commissioner, next item is 10F. It's to approve a budget amendment to move excess landscape maintenance funds in the amount of$1,148,493.03 from fund 112 to the transit operations facility for repairs or renovations needed at this site. Ms. Diane Flagg, your director of alternative transportation modes, wi II presented. MS. FLAGG: Good afternoon. CHAIRMAN COLETTA: Diane -- Ms. Flagg, could you hold Page 214 February 27, 2007 just one second. We have two lights on. We might just have questions to ask you rather than a presentation. Start with Commissioner Coyle, then go to Commissioner Halas. COMMISSIONER COYLE: Yeah. My concern is that -- why didn't we get an estimate of the total cost for this facility at the time we were making a decision to buy it? You know, you're coming in with $1.1 million for repair and renovations. We should have had this in the packet whenever we made the decision to buy the building. I might not have voted to buy it had I known we've got to pump in another $1.1 million for renovations and repair. MS. FLAGG: When the board took action to purchase the property, it was contingent upon inspection of the property. A complete inspection was done. A complete analysis of the repairs was made. Prior to closing Mr. Feder's secretary made appointments with commissioners that were available so that we were able to brief the commissioners on that before we proceeded to closing. We wanted to fully explain to them what we had found upon the inspection of the property . COMMISSIONER COYLE: Okay. I was not one of those commissioners that got briefed. MS. FLAGG: I under -- I've subsequently learned that, yes, sir. COMMISSIONER COYLE: I don't know how the other commissioners feel about that, but it should have been available to us before we made a decision to tell you to go ahead and buy the property . MS. FLAGG: The way that the property purchase was handled, it was contingent upon subsequent inspection. So we did not close on the property until we conducted those briefings. COMMISSIONER COYLE: So the other commissioners approved of that, I guess. So I guess you've already got approval to do it. Doesn't make any difference, does it? Page 215 February 27, 2007 CHAIRMAN COLETTA: Well, let's go to Commissioner Halas. MR. FEDER: Commissioner? COMMISSIONER HALAS: First -- oh, I'm sorry. MR. FEDER: Commissioner, for the record, December 7th and 8th, once we got the inspection reports and more information on what the cost would be -- and our estimate was pretty close to where we are right now and we're still refining some of these cost estimates even today -- we did call all the aides, set up meetings. It was on December 7th and 8th. Unfortunately we were unable to get the meeting with you. We did meet with the other four commissioners. That was not an effort not to meet with you, Commissioner, I assure you. COMMISSIONER COYLE: There was a Board of County Commission's meeting in December. Why wasn't it scheduled on the agenda? Why wasn't it at a public hearing? MR. FEDER: Because when we made the decision and we brought it to you to purchase, we noted even at that time that we had to make the decision -- I believe it -- and don't quote me exactly on this -- but it was December 11 th, I think it is, by the contract, that we had to make the decision which was before the subsequent board meeting, and that's why we made the effort, once we got the data, to make sure that everybody was comfortable before we moved forward on the purchase based on what we found out of the inspections. COMMISSIONER COYLE: That's really bad. CHAIRMAN COLETTA: And I'm sorry you weren't part of that. I think that's something you might want to take up with the county manager. COMMISSIONER COYLE: No. I think it is bad that the Board of County Commissioners made a decision to buy something at some point in time and they did not know at that point in time about these maintenance costs. Now, if you talked with the commissioners later, there was no chance for the commissioners to debate the issue or to raise concerns, Page 216 February 27,2007 and I certainly would have raised the concern had it been done in public. MR. FEDER: Commissioner, I appreciate that. What I will tell you is at the time that we brought it to you we discussed the purchase, we went through the issues of what uses and the fact that we had to get a letter of zoning verification. That was an outstanding issue, also the issue of the conditional use, if we go to transfer later, which we're looking at now. We did identify that there were some costs for move in. We didn't itemize them. We didn't go in detail because we didn't know them. We did note the fact -- I believe in the record, even in the minutes -- that we'd have to modify based on the question that Commissioner Halas had asked about the lifts and the door areas there. We did note that we're going to try to bring fueling on site. We did note that we're doing the inspection. We had some issues on that, but we did find that we can do some repairs. They're not major problems on most of the inspection. That's-- COMMISSIONER COYLE: Just so you know, I would not have voted to buy this property had I known that there was going to be a million dollars or more for renovations and maintenance, end of story, okay? MR. FEDER: I appreciate that. COMMISSIONER COYLE: Thank you. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: Just so that Commissioner Coyle has some background here, I was asked to attend a meeting with staff. And at the time it was brought up that there was going to be some maintenance issues but also at that time they were talking about the price of the land had -- was originally offered, I believe, for 12 million, and we had the ability to purchase this land for around 8 million and that there was going to be some cost involved in -- because of the fact that the prior owner didn't keep up some of the Page 217 February 27,2007 facilities. But I felt that the price of the property and what the county was getting for that property, that the additional cost for paint and maybe possibly repairing air-conditioners, was still beneficial to the taxpayers here in Collier County. N ow that I've said that, the -- my concern is, on this particular item, since we're moving money off the landscaping, does this mean that there will be some areas that are presently scheduled to be landscaped that are going to be not getting landscaped, such as -- in my district there's some very strong concerns about the landscaping from Wiggins Pass Road north to the Collier line. Can you -- or to the Lee/Collier line. Can you give us some assurance that that's going to be taken care of? MR. FEDER: Okay. First of all, the dollars that you're looking at here, the million, which also include es -- and I just need to add, in the zoning verification letter it was noted that we had to put a wall in that should have been done by the prior property owner and -- as well as some landscaping. So those are some of the added things that we brought to everybody. As to the issue on the dollars that you have here, those are fiscal year '06 maintenance dollars for the landscaping. And based on the costs and issues we had and the rebudgeting of '07 maintenance at the level, we didn't need those dollars and they did roll into this year and, therefore, were available and we're trying to use for this purpose. The issue of the landscaping in '07's program, we came to you, I believe it was last board meeting or the one before, North Trail, East Trail, as well as Goodlette-Frank Road, were approved for landscaping with a caveat that we not proceed on a notice to proceed on those until we came back to you to address the issue of the transportation budget, and that's where we are right now. We have not pulled those out, but we haven't proceeded on the notice to proceed at Page 218 February 27, 2007 this time. COMMISSIONER HALAS: Okay. So we're just -- we're waiting in limbo basically is what you're saying, until -- MR. FEDER: And we are trying to get the -- COMMISSIONER HALAS: -- the board decides what direction we're going to be going; is that correct? MR. FEDER: That is correct. And actually what you're waiting for and we are trying to get to you is information on the impact fee update and what is the likely revenue change on that. COMMISSIONER HALAS: So in closing, the vote today has nothing to do with the landscaping issues up in that neck of the woods? MR. FEDER: That is correct, sir. COMMISSIONER HALAS: Okay. Thank you very much. CHAIRMAN COLETTA: Commissioner Henning, then Commissioner Fiala. COMMISSIONER HENNING: Well, I don't think that Commissioner Coyle's comments should be discounted. There's several times that we have purchased properties that afterwards we spend quite a bit of money into fitting our needs. I think it's important -- you know, it's a lesson learned and -- I think by all of us, that we need to ask the questions before we even get into a contract. What is it -- what is it, the cost estimate, to get to a usable condition? And we shouldn't sign contracts that doesn't bring the property up to a certain standard of conditions. MR. FEDER: Commissioner, I'll also note that this purchase was pushed on time for the 8 million versus the 12, and that's why we came in to you and identified that we had a number of unknowns at that time. But I appreciate what you're saying. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes, two things, one of them is, I'm chairman of the Transportation Disadvantaged Program. And I wasn't Page 219 A,.1>dl.. ,_., '.....___.." February 27, 2007 told that this money, this rollover money, was going to be taken. Is there anything that is going to be withdrawn from the transportation disadvantaged people? MR. FEDER: No. This is -- again, this is fiscal year '06 landscaping maintenance funds. COMMISSIONER FIALA: No, not landscaping. MR. FEDER: That's what these funds were. COMMISSIONER FIALA: I thought you said -- doesn't it say there that we have -- yes, carryforward funds in the Transportation Disadvantaged Program in the amount of $253,290. MS. FLAGG: No, ma'am. It's not going to affect the Transportation Disadvantaged Program. It was '06 dollars. COMMISSIONER FIALA: Okay. And that wasn't being saved MS. FLAGG: No, no. COMMISSIONER FIALA: -- for purchasing vehicles or anything? MS. FLAGG: No. COMMISSIONER FIALA: Okay, fine. I just wanted to make sure that, you know, we didn't disadvantage them any more. And I totally agree with Commissioner Halas, it's very important to people in that area. I know when we voted on the U.S. 41 landscaping back in 2003, and then in 2004, we had to -- we were asked again to put that aside for a couple years because they had a new water main to put in. And I remember making the stipulation at that time saying, we can put it aside as long as we don't lose it, and we were assured that we wouldn't. So I just wanted to put that on the record. CHAIRMAN COLETTA: Thank you. Do I hear a motion for approval or disapproval? COMMISSIONER HALAS: Motion for approval. COMMISSIONER FIALA: Second. Page 220 February 27, 2007 CHAIRMAN COLETTA: We have a motion by Commissioner Halas for approval, a second by Commissioner Fiala. And the only comment -- I just want to make a comment. Commissioner Coyle and Commissioner Henning are both right. We bear the responsibility for not asking the questions. COMMISSIONER FIALA: Yeah, but like Commissioner Henning says -- CHAIRMAN COLETTA: That's what he said. COMMISSIONER FIALA: -- we've learned a lesson. CHAIRMAN COLETTA: We learned a lesson from this. And I think we're going to be a little more thorough in our questions in the future. COMMISSIONER COYLE: Before you take a vote, can I at least draw your attention to a couple of items? CHAIRMAN COLETTA: Yes. Oh, sure. COMMISSIONER COYLE: You're approving -- I presume you're going to approve that $300,000 for installation of fiber-optic or fiber installation phone switches and $400,000 for fuel tanks and $250,000 for generators. Are you really -- does that -- do you really intend to do that? And it looks to me like that brings it up to $2.5 million. CHAIRMAN COLETTA: No. The recommendations that are on the summary page is talking about $1,148,493.03. COMMISSIONER COYLE: Are you sure that you're -- that those have been clearly identified? Do we know which costs are being approved here? MR. MUDD: Commissioner, there's no costs being approved here. This is a budget amendment to move money from one account to the other. COMMISSIONER COYLE: And then once you do that, you've approved his authority to spend the money. MR. MUDD: No, sir, not in the -- not in -- for those particular Page 221 February 27,2007 quantities that you talked about just there. Those are -- those are an itemization on that list that this staff will have to come back to this board and get approved. COMMISSIONER COYLE: Okay. Then let me rephrase that. Do the commissioners understand that there is a list of $2.5 million defined for this project, this renovation project -- CHAIRMAN COLETTA: Just the balance they need. COMMISSIONER COYLE: I don't know whether it's the balance they need or not. It might be a partial amount that they need and we come in and ask for another amount later on, another million dollars. I don't know. I really don't know what it is. MS. FLAGG: Diane Flagg, for the record. Those are -- the majority of those are cost projections right now, but it will not exceed the amount that this budget amendment is requesting. What we would do, if some of the costs come in higher than what the projections are, we would take out the things like the fuel tank and generators and seek grants or additional funding at a later date to do that. So this budget amendment is not -- the facility will be moved in and renovated with this budget amendment. CHAIRMAN COLETTA: With that, I'll call the question. Any comments? (No response.) _ CHAIRMAN COLETTA: I don't see any. All those in favor, indicate by saying aye? COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: And let the record show that it was 4-1 with Commissioner Coyle being the dissenting vote. Page 222 February 27, 2007 Item #10G ADOPTION OF POLICIES TO BE USED IN DEVELOPING THE COLLIER COUNTY GOVERNMENT BUDGET OF FISCAL YEAR 2008 -APPROVED; RESOLUTION 2007-51: SETTING DEADLINES AND MEETING DATES - ADOPTED MR. MUDD: Commissioner, that brings us to our next item, which is lOG, that the Board of County Commissioners adopt policies to be used in developing the Collier County budget for fiscal year 2008. Mr. Michael Smykowski, your director of office management and budget, will present. MR. SMYKOWSKI: Good evening, Commissioners. For the record, Michael Smykowski. Weare here tonight to adopt a series of pertinent policies that will affect preparation of the fiscal year 2008 Collier County budget. The purpose of today's discussion is for the board to reach a consensus upon the policies upon which the budget will be based. It's also important to note the county manager met with the Productivity Committee last week to share the proposed FY -'08 budget policies prior to this board presentation, as he has for a number of years now. The executive summary is broken down into three distinct elements, the first of which is new policies that will require board policy direction. The second element is standard budget policies that the board has adopted or endorsed for a number of fiscal years. And I'll -- rather than walking through those individually, after we complete the specific items for this year, we'll deal with those on an exception basis. And then as always, we include a three-year projection for both Page 223 February 27, 2007 the general fund and the unincorporated area general fund, which are the two principle ad valorem tax supported funds of the county government for -- one is the general funding being countywide. Obviously the unincorporated being the area of the county that is outside the boundaries of the three municipalities in Collier County. CHAIRMAN COLETTA: Commissioner Henning, did you want to wait or did you want to make a comment now? COMMISSIONER HENNING: No, a question. CHAIRMAN COLETTA: A question. Go ahead. COMMISSIONER HENNING: You're giving direction for department and constitutional officers, I believe, an 8 percent increase? MR. SMYKOWSKI: Yes, sir. COMMISSIONER HENNING: Okay. So -- but the -- MR. MUDD: It's our recommendation to the board. We're not giving direction until you tell us -- COMMISSIONER HENNING: I'm sorry. I -- just for clarification, it would be the Board of Commissioners? MR. MUDD: Yes, sir. COMMISSIONER HENNING: What happens to the other 8 percent? You're asking for a total 16 percent increase. What happens to that other 8 percent? That's not true? MR. SMYKOWSKI: No. We're not asking for an increase of 16 percent. COMMISSIONER HENNING: Sixteen percent of -- what is the 16 percent within the packet that we're referring to? MR. SMYKOWSKI: Okay. On page 1 of the attachments begins the individual budget policy items proposed for fiscal year '8, the first of which is the general fund millage rate. The county is, again, recommending that ad valorem tax revenue be capped at a maximum increase of 16 percent. In other words, you would automatically roll back any -- the general fund millage rate for Page 224 February 27, 2007 any increase above 16 percent in taxable value. Obviously, given the change of the local real estate market, that may be unlikely, but it is consistent -- the manager, I think, wanted to be consistent with the prior year policy for this year and for every year moving forward. MR. MUDD: Michael, while you're on that thing -- now, I briefed every commissioner yesterday on the Productivity Committee's comments to the budget guidance. So -- and as Michael covers it on the page, I'm going to interject and tell you what the Productivity Committee recommends. In this particular case, we recommended 16 percent because that's where it was last year and that's where the board told us, so we started there. Productivity Committee recommends that that be set at 10 percent. So anything above 10 percent, it's rolled back and returned to the taxpayers. MR. SMYKOWSKI: Right. The staff recommendation -- there's a lot of uncertainty. Obviously you've seen some of the legislative bills or items that have been coming about talking about increasing the homestead, applying this exemption to tangible personal property, limiting ad valorem going back to 2001 rolled back rate plus CPI that have some staggering implications. The staff recommendation at this point is to stick with the county manager's recommended guidance. You will have a number of opportunities throughout the summer in which you can always reduce the millage rate and obviously -- whether or not we'll even receive a 10 percent increase, you know, that would be cap recommended by the Productivity Committee -- is even in question. But you'll have opportunities in June during the budget workshops -- the proposed millage rate, which is your worst-case scenario that is provided to taxpayers and used in the TRIM notice, we plan on adopting that on July 24th, so you'll have that opportunity. In addition, there are the two September public hearings, and you Page 225 February 27, 2007 will have had the benefit of -- the TRIM notices would have gone out, and you'll have the benefit of the input from the public as well. Given the legislative uncertainty at this point, I think the staff position is, you know, take a conservative route early on because you have an entire series of opportunities upon which you could reduce the millage rate should you deem that the appropriate measure for the upcoming fiscal year. But given the uncertainty, again, relative to the legislation and some of the somewhat severe or extreme measures that are being proposed, I wouldn't want to see you boxed in early on in the process while you don't really completely know the rules of the game as they're going to apply to this year and written for you by the state legislature as well. CHAIRMAN COLETTA: Let me go to Commissioner Coyle. COMMISSIONER COYLE: I just want to cut to the chase and get to the bottom line. You're saying we're going to do 10 percent. Why don't we say that? MR. MUDD: Commissioner, I think -- I think your assessed value, based on the Department of Revenue's projections at the end of November, will come in around 10.4 percent. COMMISSIONER COYLE: Okay. MR. MUDD: That's what they say. COMMISSIONER COYLE: All right. MR. MUDD: I have no facts or figures to either confirm nor deny their projection. COMMISSIONER COYLE: But you've had good results from prior forecasts from them, so -- MR. MUDD: The last three years, sir. COMMISSIONER COYLE: Yeah. So why don't we just use that figure rather than the 16 percent -- because I think 16 is totally outrageous -- and use the 10 percent and be done with it? MR. MUDD: On that particular item, if I could get the board's Page 226 February 27, 2007 direction, and then we can move to the next item and we'll -- COMMISSIONER HENNING: I totally agree with that. COMMISSIONER COYLE: Are there three nods? CHAIRMAN COLETTA: No, I can't agree with that. COMMISSIONER FIALA: No, because -- because I'm afraid of what Tallahassee will do. I'd rather do that later. CHAIRMAN COLETTA: Yeah. COMMISSIONER FIALA: Can't we do that in May when we get that percentage? COMMISSIONER COYLE: You can, but it doesn't make any difference. COMMISSIONER FIALA: Well, you know what? I'd rather look -- have the taxpayers feel we've saved them in the end than to cut our throat in the beginning. CHAIRMAN COLETTA: Yep. COMMISSIONER COYLE: Well, if I could -- and if the taxpayers believe that we are looking to get a 16-percent increase on assessments this year, then it gives the legislature a wonderful opportunity to argue how greedy and inefficient the county governments are, and that's a good reason to cap it. If we can take the high ground and say to our taxpayers and everyone else that we think the years of high assessments are over with for a while and we believe a reasonable amount is 10 percent -- and by the way, if it goes over 10 percent, we're going to return it to you. In other words, if it comes in at 12 or 14 or 16 percent, we're going to give that money back to the taxpayers. I think that's a far more positive statement than saying, we're going to take 16 percent and we're not going to give it back to you unless it goes over 16 percent. CHAIRMAN COLETTA: Let's go to Commissioner Henning, then Commissioner Halas. Page 227 February 27, 2007 COMMISSIONER HENNING: Well -- and we're talking about what might happen to the -- what the legislature's going to do, and respond to the rising taxes. They're going to ask the voters to vote it through a -- maybe a special election in November, maybe. And before they can do anything, they're going to have to come back into session in 2008 to make law for implementation. And they know -- and we all know when that session is, right? And we know -- at least I feel confident that they know that local government is already working on their budgets. And if they change how we budget, they can't make us do it in a working budget at the present time. But just like Commissioner Coyle said, it's a wrong message to send to the legislators because they will have fuel for the fire. And besides, the county manager says it's going to be budget -- or millage neutral anyways. You don't want your departments and the constitutional officers to base upon what we historically know is not going to happen. We know we're not going to get 16 percent. It would be a lot easier for us to give guidance on what we know. We know it's 10 and a half percent. We feel it is, based upon historical information. If we set it at 16, we're going to have a tough time sitting up here trying to figure out who doesn't get what. If you set the guidance now, I think it's -- it would be more prudent of what Commissioner Coy Ie said. CHAIRMAN COLETTA: And I'm going to jump in front of you, Commissioner Halas, just for a moment. I attended the tax meeting that they held in the university -- when was it, last week? And I can tell you something. There is nothing we're going to do here that is going to change what Tallahassee's going to do. Absolutely zero. My feeling is, is that I'm willing to look at it after the fact, but I want to know where everybody else is coming from out there. I'd rather leave it where it is, because if you go at 10 now or 10 and a Page 228 February 27, 2007 half, at the end of that, you're going to bring it back, and the next motion will be to try to go down to 6 and a half, then you're going to have to cut back on your road, you're going to have to cut back on everything, and you're going into an '08 year where the legislature is going to have something in place, the legislative body is going to be feed upon your ability to collect taxes. So I would keep this as an ace in the hole to be played out a little bit later in this year as we go forward. That's my own feelings. Commissioner Halas? COMMISSIONER HALAS: I'm for giving back money to taxpayers here in Collier County . We all work very hard and we all have to pay taxes. But I'm concerned that we have a lot of people in this county that enjoy the services that we -- that we offer here. And I'd like to keep, as Commissioner Coletta said, keep that ace in the hole. And after we find out what's going to happen at Tallahassee, I'm going to jump on this bandwagon for 10 percent. But up until the point in time when I have an understanding of what's going on in Tallahassee, I'd like to reserve that option and keep it at 16. And if it looks very favorable for the counties here, that we're not going to be impeded on what we need to do to address growth, then I'm all for rolling it back to 5 -- or 10 percent. CHAIRMAN COLETTA: Ten and a half, wasn't it? Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. I recall so clearly when we -- when it was announced that we were $180 million short in our transportation funds, and we challenged the county manager to find the money, and he said, none of you will like it. No commissioner, no taxpayer, he said, but I'll cut the budget, but you all have to suffer some. You're going to lose all the little special things that you wanted in order for me to do that. Now, we're also talking about reducing or capping this millage rate. And ifit comes in at 10.4, we're not -- I think that if we cap it Page 229 February 27, 2007 right now, we're not even going to have any opportunity to get some of that $180 million, or we can save some of the programs that we feel are essential. And so I'm going to register that concern. CHAIRMAN COLETTA: Okay. Now, Commissioner Coyle? And I'm going to limit this discussion pretty soon because we can go all night long and we're not going to get any different than 3-2. But Commissioner Coyle, go ahead. COMMISSIONER COYLE: Well, I really wish you'd reconsider on this because you're confusing the issues. What you're concerned about is not relevant here. You're confusing a forecast on how much we think the valuations will increase with the decision by the legislature about how much money we're going to get. They have -- there's no relationship to that whatsoever. What -- to put this in simpler terms, if you say, we're going to cap our expected increase in taxable value at 16 percent, what you're doing is you're telling every agency of government, go ahead and budget to expend 16 percent more money this year than you are going -- than you otherwise would have. Now, they go ahead and budget that, the sheriffs office and the clerk and everyone else budgets the additional 16 percent, and then it comes in at 10, and what are we doing now? We're trying to beat them over the head to get it back down to 10. What we want to do when we're trying to forecast something is go in with something that is conservative and realistic. That way they will have already anticipated that reduction, they will have already reviewed where they can improve efficiencies and reduce cost, and the budget we will then have will be more realistic and we'll be better able to function under whatever the legislation does. CHAIRMAN COLETTA: Okay. Let's got to Mike and find out. Mike, what about this? This is an issue I didn't consider. MR. SMYKOWSKI: The next item, the next category, is budget Page 230 February 27, 2007 allocations, and the county manager's proposal is, again, used for general fund purposes, the share of the pie. In other words, everyone would share equally based on the proportions. They were the general funds going back to '04. We've used that over the last few years. But the caveat this year is with a maximum agency budget increase of 8 percent. The county manager was recommending a maximum budget increase of 8 percent. And I think the county manager will address the counter proposal raised by the Productivity Committee. But his specific recommendation was 8 percent. CHAIRMAN COLETTA: Okay. Well, the context of what we're talking about. MR. MUDD: Let me go back to the context you're talking about. Look, I put 16 -- and as the county manager, I put 16 percent there because that's what you agreed to last year, okay? There was -- I didn't put any rational thought into what that was. It was there. I said, we still need to have a cap. We need to know where the rollback's going to be, and it's something that the board needs to decide. I believe that the Productivity Committee hit it dead on the head. I believe the 10 percent cap this year is a prudent one, especially with the negative -- the negative bills that I have seen that try to take your home rule authority away from you as far as your budgets are concerned. Governor Crist has a platform out there that could cost Collier County $50 million, and I shared that with every one of you. House Speaker Rubio basically put something out on the line here about a week ago. And we haven't seen the bill number yet. He put it out at a draft for the budget committee that was meeting at the time. Mr. Smykowski and I have done the numbers on that particular thing, and that's a 50 percent cut in your ad valorem revenues. That's $138 million cut. If that's the kind of rationale that they're going through, the more conservative you can be on your cap of what your revenue is going to be and before you roll it back to your constituents, Page 231 February 27, 2007 the better off you're going to be, because I believe it is a positive step. And I believe -- it came in at 10.4. That was the revenue. I will tell you, they've been really close. It hasn't been where they said we were going to come in at 26 where Abe Skinner didn't come in at 25.8. I mean, they were really close at the end of those years. So I'm going to tell you, you're going to be at 10 or just a little bit over. That's it. I don't think it's a bad thing. Understand why I put the 16 there. It's where you were last year. I didn't put a rational basis on it. I just wanted the discussion to start there. I didn't want this board to lose sight of the fact that they capped it and then they rolled over, because I believe that was an important decision that this board took. It's one of the reasons that this board room only had nine people come talk to them during the budget conference where there were other counties in this state that had to put circus tents up because there were over a thousand people trying to -- if they would have been lynched, they could have been that night. And Charlotte County was one of them. They had to put a circus tent up because they couldn't hold them all in their boardroom. Had over 500 people, and their meeting went till like 1 :30 in the morning. So I'm going to say, that was a pursuant thing that the board did. I didn't want the board to lose sight of that particular issue. I don't believe 10 percent is a bad number. I think it's a good number. I don't think you're going to be rolling a lot back over 10 because I don't think the assessed values are going to come in much higher than that. CHAIRMAN COLETTA: Meanwhile, we don't know for sure what's taking place. Mr. Mudd? MR. MUDD: You have no idea what's going -- Florida's safe until the legislature goes into the House, then we don't know what it is. CHAIRMAN COLETTA: Once again, that's the argument to take as little action as possible with the idea that we will respond and do the 10 -- 10, 10 and a half percent when that point in time comes. I -- even though it doesn't look like there's any possibilities, I don't Page 232 February 27, 2007 know what's going to come down. MR. MUDD: Yes, sir. CHAIRMAN COLETTA: But we may regret that at this point in time. MR. MUDD: Well, I think your assessed value is basically -- is predicated on how the market's doing. It has nothing to do with what Tallahassee's doing to you. It has everything to do with what the market's doing, new home sales, new construction starts, and what your property evaluation is going to do in the year. Is it going to be a couple percentages or is it going to fall? The next item that -- CHAIRMAN COLETTA: We haven't gotten through yet. Commissioner Fiala wants to speak, and then I want to see some direction given to the county manager. COMMISSIONER FIALA: Well -- and I was going to say, before the county manager spoke, that -- let's form a compromise and call it 12. I figured that'd -- that'd get us down closer, but the county manager said -- I didn't even realize the 10.4, and he just recommended that we -- that's a good conservative figure. So I guess I should withdraw my idea of 12. COMMISSIONER COYLE: Well, I make a motion we make it 10 percent, which is the reasonable -- the reasonable projection is. We're going to put ourselves in a real bad position if we start talking about 16 percent. You know, we're going to look ridiculous and be the subject of ridicule and criticism. So let's use what we believe to be reasonably accurate. COMMISSIONER HENNING: I'll second that. CHAIRMAN COLETTA: Is it 10 percent or 10.4? COMMISSIONER HENNING: I'll second the motion. CHAIRMAN COLETTA: The question was, what was -- MR. MUDD: Sir, the Department of Revenue estimate was 10.4 percent. Page 233 February 27, 2007 CHAIRMAN COLETTA: Okay. But you're going at 10 percent rather than 10.4? COMMISSIONER COYLE: Sure. CHAIRMAN COLETTA: If it was 10.4, I would agree with you. But in any case, we've got a motion on the floor by Commissioner Coy Ie and a second by Commissioner Henning. Meanwhile, I want everybody to keep in mind all those things that have to be done. Those in favor of the motion -- COMMISSIONER FIALA: Well, let me ask a question then. CHAIRMAN COLETTA: Okay. COMMISSIONER FIALA: Those things that need to be done, including -- including our transportation system -- because that's what we're most concerned with right now and all of the things we either win or lose because of that -- if we cap it at 10, does that affect then the money that we can use for those things? MR. MUDD: Ma'am, the difference between your revenue cap, which is what you're talking about right now, before you roll back, if it gets over that amount and your expenditure ceiling, which I'm recommending at 8 percent and the Productivity Committee is recommending at 6 percent, the difference between whatever that figure is will be your unfinanced money that you'll be able to deal with. COMMISSIONER FIALA: So this is not going to affect whether or not we have extra money for transportation or where you're going to get your $180 million from; is that what you're telling me? MR. MUDD: It will be -- COMMISSIONER HENNING: May I answer that? MR. MUDD: It will be -- you really asked me a hard question, okay? And you want me to give you certainty, okay, and it's a very hard thing to do. I will tell you it will have a minimal impact, ma'am, minimal in the fact that it won't be more than a half a million dollars. Page 234 February 27, 2007 CHAIRMAN COLETTA: Between 10 and 10.4? MR. MUDD: Yes, sir. That's about it. COMMISSIONER FIALA: Okay. Thank you. CHAIRMAN COLETTA: Okay. So we have a motion by Commissioner Coyle -- or is it other way around? Were you the one that made the motion, Commissioner Henning? COMMISSIONER HENNING: Coyle. CHAIRMAN COLETTA: Coyle made the motion, Henning was the second, to cap it at 10. Okay. And with that motion, all those in favor, indicate -- you are all through speaking, right, Commissioner Henning? (No response.) CHAIRMAN COLETTA: All those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it. MR. MUDD: Commissioner, the next item comes to the general budget allocation. I recommended 8 percent. Let me tell you why I recommended 8 percent. Because your South Florida cost of living came in at 4.1 percent. Your average growth in the county has been averaging around 5 percent a year. That comes in at around 9.1 percent. And I set it at 8, which was below that because I also knew what the revenue projections were and I didn't want to get too close, and we can -- and we can work that necessity issue. I presented that particular issue to the Productivity Committee Page 235 February 27, 2007 and they thought that it would have been better to set it at 6 percent so that whatever squeeze is between the 6 and the 10 would be unfinanced requirements. I will tell you that if it is at 6 percent, the expanded positions will move out of the budget and will show up on your UFR list. I'm just going to -- there's -- at 6 percent, when you're talking about 4.1 and a merit of 1.5, it is so close on personnel that if there's anything that's expanded, expanded service -- I mean in '08, according to the AUIR, we're talking about adding three ambulances and the crews that go for it. Ooh, that's several million dollars. And when you put that on me, there's no way that EMS could even stay close to that 6 percent. So I just want you to know, if you want to set it at 6 as a goal -- and we'll try to, everybody get to it -- just understand you're going to have, I'll call it creep, of expanded above the 6 percent onto your UFR list. And I'm trying to be very forthright and frank with you in that particular dialogue. CHAIRMAN COLETTA: But the UFR list would have considerably more money in it? MR. MUDD: Yes, sir. It would -- it could potentially have it, but you're going to -- on your UFR list where you might not have expanded positions, so to speak, you'll have them this time, so it will be vying for -- CHAIRMAN COLETTA: Right. So it's just another way to be able to pick the options? MR. MUDD: Yes, sir. CHAIRMAN COLETTA: In other words, the money stays the same, it's just that you have to pick and choose from what's there? MR. MUDD: Yes, sir. And if it's a 4 percent difference between 6 and 10 and you come in right around 10.4 and, yeah, you roll back half a million, but you're sitting in those 4 percent. We're talking about $10 million, Mike? Ten million dollars on the UFR list off the Page 236 February 27, 2007 general fund. That's what you're talking about, the difference between the 6 -- COMMISSIONER FIALA: Which then means you couldn't -- if we take it and all put it in transportation, then you don't get the ambulances you need; is that what you're saying? MR. MUDD: Ma'am, that's a decision for the Board of County Commissioners to make, but that could happen, ma'am, depending on what the board wants to do. CHAIRMAN COLETTA: Okay. Commissioner Henning? COMMISSIONER HENNING: Oh, thank you. Well, thank you. Well, we've got to keep in mind that we have very little growth. You know, we might have some new growth and monies from commercial property, but residential property, I haven't seen it grow that much. The one thing you've got to remember, you remember the item called non-reoccurring property taxes? It was like $20 million last year? MR. MUDD: Yes, sir, because most of it was interest, yes, sir. COMMISSIONER HENNING: Yep. Interest turned back from the tax collector and that. That's quite a bit of money that we could prioritize and say we want to provide it for transportation or we want to make EMS whole or things of that nature. If -- I think the Productivity Committee's recommendations will give us more flexibility to hit what we think that the public's priority is. And I'm going to make a motion to approve the Productivity Committee's recommendation of 6. CHAIRMAN COLETTA: Okay. We have a motion from Commissioner Henning for 6 to approve committee's -- the Productivity Committee's recommendations. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: We have a second from Commissioner Coyle. I don't have a problem with it. I think it works Page 237 February 27, 2007 out fine. It just gives us a little more latitude, what we have to work with in the end. You're looking at me very strange, Commissioner Fiala. Say something. COMMISSIONER FIALA: I worry that we'll take everything and put it into one pot, and maybe other things that are important to each one of us might die. CHAIRMAN COLETTA: Well, that's one of the reasons we go through those elaborate charades during the time when it comes to divide those types of funds up. And I personally don't have a problem with it. That's -- so any other comments from anyone? I'm sorry. Did you want to add something else to that? COMMISSIONER FIALA: No, no, no. I'm just thinking -- trying to think fast. CHAIRMAN COLETTA: Did you want to ask a question or anything? COMMISSIONER FIALA: I asked it. CHAIRMAN COLETTA: Commissioner Halas, go ahead. COMMISSIONER HALAS: So would this have an effect on personnel in other areas of the county? We talked about EMS. Would it have an effect of other things? MR. MUDD: Commissioners, at 6 percent, you're basically -- you're basically saying that you're funding what you've got going right now, okay? And I think I can speak for the sheriff on that particular issue, too. At 6 percent, you're funding what you have right now. Operational side, your increases to chemicals and gasoline, petroleum-type derivatives for projects, for power from FP&L, have been going up higher than that. It's going to be a challenge to come in at 6 and we'll take that challenge, and where we can't meet it, we'll discuss it with you in excruciating detail. Now, I will tell you at 6 percent, you also give yourself some buffer. Let me tell you what the buffer is. What happens is, the Page 238 February 27, 2007 Department of Revenue is wrong one time and it comes in at 8, okay? And so you're only getting an increase of 8 percent versus the 10.4 that they said we were going to get at the end of November. If that -- if that happens, then you're down at 6 and you haven't had a catastrophic failure. I mean, you're not -- you're not trying to really get into the -- you're basically dealing with your UFR list still. Yes, it's not $10 million that you've got on your UFR list, now it's 5, okay, but you're still there and you're still dealing with it. I think this is an austere time. Everybody knows that things haven't been selling as fast as they've been going. Commercial property has been going right off the -- right off the shelf. They can't build it fast enough in this county for some strange reason. And they're flipping it just as bad as it was last year where they were flipping properties during the height of madness. Commercial properties are doing the same. And right now commercial property is what's going to save you in your assessment, and it will particularly hold true in Collier County. Of that 10.4 -- the Department of Revenue talked about new construction being 4.5 percent of that, so we were basically having it assessed on regular properties that were here with growth at 6 percent. So I think it's -- I think it's a safe place to be. I mean, I'm -- you know, 6, 8 -- just so you know that we're going to be steady staying at 6, and if we're talking about expanded, we're going to have to come talk to you about it and it's going to be vying on your UFR list for those particular issues. Mike -- as long as you understand that, I don't have a problem with 6. CHAIRMAN COLETTA: And I've got two lights lit up over here, and I hope we keep the discussion down fairly -- COMMISSIONER HALAS: I just want to -- I've just got to get some things straightened out, if you'd just bear with me. We have some projects, I believe, that are coming online. How will they affect Page 239 February 27, 2007 as far as manpower to address the operation of those facilities? MR. MUDD: Commissioner, the only facilities that cause me any concern whatsoever right now are the two -- are the library expansions. I'm going to hold my head down and I'm not going to look because the daggers are going to be killing me here in just a second. But I will tell you, if we get ourselves in a pinch and you build a south regional plant, then I'm going to come back with a recommendation to you -- what did I say, plant? Library, excuse me. Some people think it's Blockbuster except it's got books in it. Just ask the librarians. There's more -- there's more tapes, movie tapes, going out of our libraries than there is books. That's surprising. But libraries. And if it comes onboard and we're scrapped, then I'm going to come back to the board with a recommendation that we close a couple of our branches that seem to be on the outskirts that people have to come with cars to get to anyway because there's no walking traffic to it, and then we move that staff into that -- into that regional library instead. Commissioner Fiala and I have talked about the East -- the East Naples branch getting closed down in order to do that. And it will probably have to be a suggestion for one other one that's out there. COMMISSIONER HALAS: Okay. MR. MUDD: Did I answer your question, sir? COMMISSIONER HALAS: Yes, you did. MR. MUDD: Libraries are the only place where I've got an issue because you're bringing on libraries that are going to have an expanded -- expanded group of folks that are going to have to -- COMMISSIONER HALAS: How will this affect our budget if we have to make adjustments in our budget to offset the cost of expenditures that are beyond our control, such as fuel for the county cars, insurance for the county buildings, et cetera? MR. MUDD: Now, you're talking about what's discretionary and Page 240 February 27, 2007 what's nondiscretionary. You're going to do the best -- COMMISSIONER HALAS: That's part of the budget. MR. MUDD: You're going to do the best you can with your discretionary dollars to answer the nondiscretionary calls that you get, the unexpected. We're going to do our best to estimate what those particular nondiscretionary costs are going to be, and we'll come forward and we'll talk about it. We'll talk about it when we bring those budgets forward. COMMISSIONER HALAS: Okay. The last question I have, because I know we want to get this moving forward, but -- so we have a large amount of roads that still need to be addressed, whether we're going to pave limerock or whether we're going to expand roads. How is this going to affect -- they're going to be in direct competition between the roads and also the necessary personnel that we need to take care of the operation of our buildings; is that correct? MR. MUDD: And I don't foresee right now that what Norman has for his road building program, from either general fund and/or the unincorporated general fund that's reoccurring dollars being decreased . In any way. If you remember last year, Norman had $1.7 million in reoccurring dollars for limerock road conversion, and the board gave him another 2 -- 3.3 million that was reoccurring with another 1.9 that was non-reoccurring. I'm close to those numbers, okay? I could be off a couple hundred thousand dollars, please, but I'm pretty close to those. So Norman basically has about $5 million right now in reoccurring -- in reoccurring money from last year that he's -- that he's going to probably project to you to be used again to continue his limerock road conversion out in the Estates. And I have -- and I have a bet with Commissioner Coyle that we will have expended all of those particular dollars because he basically made a motion to this board at the end of the UFR list discussion that Page 241 February 27, 2007 says, if you don't spend that, we're going to talk about reserves or spending it someplace else, and that was at the end of the year. And I've got a full court press on with Norm Feder and his folks to make sure that those contracts are cut and those roads are being paved. And by God, they're getting paved, okay? And they're doing -- they doing better than they ever have before, and I have no doubt in my mind that Norman will be done paving his annual program in June out there in the Estates. And he wishes he had more money. But there will be $5 million there. As far as the general fund allocations to Norman that you normally give him out of the general fund, he'll still have that 24 million, and I believe there's more money that goes to him in other different pots of dollars. I don't see any decrease in that either. CHAIRMAN COLETTA: And I'm going to ask you to try to keep your questions localized right to this. We're going to be here for at least another two or three hours. Commissioner Coyle? COMMISSIONER COYLE: Yeah. Just with respect to the 6 or 8 percent budget allocation, it makes absolutely no difference with respect to the amount of money we have whether it's 6 or 8, but if it's 6 percent it gives the Board of County Commissioners greater oversight of that incremental amount of money over 6 percent, and I think that's where we want to go. CHAIRMAN COLETTA: Thank you. Commissioner Fiala, then we'll take a vote. COMMISSIONER FIALA: Yes. I would just like to ask my commissioners -- Jim Mudd mentioned the little East Naples library that we have now, and it's nestled right in the heart of all the poverty areas there, and it's the only place that the children can walk. And right now they don't offer many children's programs because it's so small. But when we open the new library, they will offer more children's programs. And I would ask you if that -- it comes to be, I Page 242 February 27, 2007 would hope that you, on the UFR list, would approve that so we don't lose that for the children in the area. CHAIRMAN COLETTA: Well, we got a little ways to go on that. COMMISSIONER FIALA: I know, I'm just -- CHAIRMAN COLETTA: And we hopefully don't get into the UFR list now. I really do (sic). COMMISSIONER FIALA: No, but I'm just saying that because, as I'm going to vote on this, I'm just telling you on the record what I hope. COMMISSIONER COYLE: Motion to set the budget allocation guidance of 6 percent. MS. FILSON: We already have a motion and second. MR. MUDD: We already have a motion. COMMISSIONER HENNING: That was yesterday. CHAIRMAN COLETTA: Yeah, it was a long time ago, around lunchtime we made the motion. MS. FILSON: Commissioner Henning made the motion, Commissioner Coyle seconded it. CHAIRMAN COLETTA: Yes. You forgot already, sir. COMMISSIONER COYLE: Let's vote. COMMISSIONER HALAS: Old age. CHAIRMAN COLETTA: Commissioner Henning, I don't want to cut you off. I know you didn't push the button, but you look like you wanted to speak. You didn't speak quick enough. 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 243 February 27,2007 (No response.) CHAIRMAN COLETTA: The ayes have it, 5-0. MR. MUDD: Commissioner, I need you to lock in the pie, and that's the next -- that's the next under agencies by -- based on percentage, and it's what we've been following over the last three years. COMMISSIONER HENNING: Six percent. MR. MUDD: No, Commissioner. This has to do with the allocation of the general fund to the different offices, and it's right there on that page. It goes, the agency -- CHAIRMAN COLETTA: What page again? COMMISSIONER HENNING: Six percent. MR. MUDD: I'm on page -- I'm on page 2 -- COMMISSIONER FIALA: Is that number 3? MR. MUDD: I'm on page 2 of 30. MR. SMYKOWSKI: It's the general fund budget allocation. There's a chart with percentages, general fund budget allocation. COMMISSIONER HENNING: Are you seeing the percentage of 6 percent or the 100 percent of the 6 percent? MR. SMYKOWSKI: We're saying everybody has to live within their proportionate share of the pie, and your maximum increase overall is 16 percent. So there's an additional caveat to just sharing in the pie because the pie -- if the value came in much higher, it would be much bigger at 10 percent than it would be at 6. So the 6 percent is a further restriction above and beyond the proportionate share authorized under the pie. So I think that's going in the direction you -- MR. MUDD: The pie -- the pie is broken out on 100 percent. That's the historical -- what everybody basically used in the budget of 2004. What that pie basically does is says, okay, 6 percent is an allocation of money, and what the pie allocations basically say, of that 6 percent, this is your percentage of it, okay? And it tries to keep -- it Page 244 February 27, 2007 tries to limit the food fight that you have where somebody's trying to do a creep into somebody else's -- somebody else's allocation. It helps a lot, Commissioner, when you're setting the budget. CHAIRMAN COLETTA: I'm going to make a motion to approve this part of the budget policy. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: We have a motion from myself, a second from Commissioner Coy Ie. And with that we'll get to the questions. Let's see. Commissioner Henning? COMMISSIONER HENNING: Well, the -- and that's why I was clarifying 100 percent of the 6 percent. MR. MUDD: Yes, sir. COMMISSIONER HENNING: Why can't everybody stay with 6 percent, period, each department stay with 6 percent, each constitutional stay within 6 percent? MR. MUDD: They are. They are, Commissioner. COMMISSIONER COYLE: I've got an answer for that. If the Supervisor of Elections comes in at less than her nine-tenths of a percent, and she usually does come in fairly low, we don't want somebody else using that excess, and so that's the reason for doing it. Ifwe find -- COMMISSIONER HENNING: Okay. COMMISSIONER COYLE: -- an agency that can come in less than their share, we don't want it to be gobbled up by somebody else who wants to go above their share. CHAIRMAN COLETTA: Okay. MR. MUDD: And I've reported to you every year about this pie, if people were within the pie or they didn't come back and do the particular issue. It basically stops people from mission creep into somebody else's area, and then you -- it basically stops -- it holds people to where they are. Page 245 February 27, 2007 CHAIRMAN COLETTA: So we have a motion on the floor and we have a second. Any other discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: The ayes have it, 5-0. COMMISSIONER COYLE: So we got by the first page. We only have 30 more to go. MR. MUDD: Go, Mike. CHAIRMAN COLETTA: Thirty-two. MR. SMYKOWSKI: MSTD general fund millage target, the staff recommendation is millage neutral in the unincorporated area general fund. CHAIRMAN COLETTA: Motion to approve. COMMISSIONER COYLE: Second. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: Motion to approve by Commissioner Coletta, second by Commissioner Fiala. 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. Page 246 February 27, 2007 CHAIRMAN COLETTA: The ayes have it. Anyone opposed? COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: 4-1, Commissioner Henning being the dissenting vote. Next? MR. SMYKOWSKI: The next recommendation from the county manager is, again, to limit net new positions to 25 or less. MR. MUDD: As I said before-- COMMISSIONER COYLE: How much further less can you get? MR. MUDD: Oh, I think you're going to get less. I told you before, at 6 percent -- COMMISSIONER HALAS: Motion to approve. MR. MUDD: -- you're not going to have a lot there, so -- COMMISSIONER FIALA: Second. MR. MUDD: We've set a standard and we're trying to keep it. CHAIRMAN COLETTA: Okay. We've got a motion by Commissioner Halas, a second by Commissioner Fiala. Discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all in favor, indicate by . saYIng aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Anyone opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 5-0. MR. SMYKOWSKI: Discretionary operating expenses. The Page 247 February 27, 2007 recommendation is to limit the increase to the local consumer price index from Miami/Fort Lauderdale, which was 4.1 percent. COMMISSIONER FIALA: Tell me where you are; what page are you on now? MR. MUDD: We're on page 3 of30, ma'am. We're in the third paragraph down the page. CHAIRMAN COLETTA: You're going too far ahead. There you go. CPI, 4.1. COMMISSIONER COYLE: Motion to approve. COMMISSIONER HALAS: Second. CHAIRMAN COLETTA: We have a motion by Commissioner Coy Ie, a second by Commissioner Halas. 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. MR. SMYKOWSKI: The healthcare program cost sharing is the next item. The manager had gotten to the 80 -- the desired 80/20 split between the employer and the employee share over a number of years. It's recommended to maintain that 80/20 share, and we're also looking for uniformity across all agencies. CHAIRMAN COLETTA: Including the constitutional officers? MR. SMYKOWSKI: Yes, sir. COMMISSIONER COYLE: Motion to approve. Page 248 February 27, 2007 COMMISSIONER HALAS: Second. CHAIRMAN COLETTA: Motion by Commissioner Coyle, second by Commissioner Halas. Andy discussion? Commissioner Henning? COMMISSIONER HENNING: The only one that does it different is the sheriffs department? MR. MUDD: No, sir. COMMISSIONER HENNING: Others do? MR. MUDD: Yes, sir. COMMISSIONER HENNING: Others are not -- can you give me an example of what everybody else is doing, please? MR. MUDD: Yes, sir. The sheriff is higher than that particular percent, and so is the tax collector. COMMISSIONER HENNING: Oh, the tax collector is, too. MR. MUDD: Yes, sir. And the property appraiser, we believe. I'm not for sure, but I know those two are. COMMISSIONER HENNING: And our union is at 80/20 also? MR. MUDD: Yes, sir. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: Okay. We have a motion, we have a second. No, did we have it? MS. FILSON: Yes. CHAIRMAN COLETTA: We did. MR. SMYKOWSKI: Coyle, followed -- second by Halas. CHAIRMAN COLETTA: Thank you. All those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. Page 249 February 27, 2007 CHAIRMAN COLETTA: Opposed? CHAIRMAN COLETTA: The ayes have it, 5-0. MR. SMYKOWSKI: Compensation. On the next page, the recommendation, again, is the three-legged stool that we described in the past consisting o.fthe cost of living adjustment, which would be 4.1, the awards program or merit at 1.5 percent, and then a quarter of one percent for pay plan maintenance for the annual survey work that is done for specific classifications that may be out of sync with the local or Florida markets. So the total would be 5.85 percent. COMMISSIONER COYLE: And that's lower than last year, and I move approval. CHAIRMAN COLETTA: And I'll second that. We have a motion by Commissioner Coy Ie and a second by Commissioner Coletta. 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. MR. SMYKOWSKI: Stormwater capital funding. The recommendation, again, is to use the point -- the equivalent of .15 mills annually. Again, this provides a dedicated funding source as well as providing local matching requirements as grants become available to fund stormwater. COMMISSIONER HALAS: Motion to approve. Page 250 February 27, 2007 COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: Motion by Commissioner Halas, second by Commissioner Fiala, for approval. 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. MR. SMYKOWSKI: Next item, Commissioners, is some scheduling issues we have. COMMISSIONER HENNING: Move to approve what's submitted. MR. SMYKOWSKI: Okay. That includes a resolution -- just for purposes of clarification for the record -- a resolution that was included in your package for May 1 submittals for the sheriff, clerk and Supervisor of Elections. Our June budget workshops are recommended for June 28th and 29th. There is a board meeting that Tuesday, and the F AC conference. Obviously, we're trying to schedule around that, which was June 12th and June 15th. Given the uncertainty relative to legislation, et ai, we think that's prudent for those dates. The draft date for the adoption of the proposed millage rates is July 24th. We have to provide the property appraiser and the tax collector with the maximum millage rates by August 4th per statute, and that gives us a little -- Page 251 February 27, 2007 MR. MUDD: Commissioner, we could either have it on July 31 st or July 24th. Staff didn't believe that it could turn the documents that are necessary to get them into the state if it was on the 31 st of July. So it left us to go back to July 24th on that particular date, sir. MR. SMYKOWSKI: And the public hearing dates, we've followed the -- the Thursday following the -- following the holiday in September, we're recommending September 6, and then two weeks thereafter, September 20th. Weare second in the pecking order as it were. The school board has first priority in setting their date. They've selected tentatively September 11 tho The other taxing jurisdictions are anxious for this information because, obviously, they have to begin setting their dates, and can't conflict with the county or the school. COMMISSIONER FIALA: Second the motion. CHAIRMAN COLETTA: Okay. So we have a motion -- MS. FILSON: And all those meetings are on all of your calendars. CHAIRMAN COLETTA: Good. So we have a motion by Commissioner Henning covering all the eventualities that were just mentioned, a second by Commissioner Fiala. 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. Page 252 February 27, 2007 MR. SMYKOWSKI: Comparative budget data. The county manager has provided some comparative budget figures using the adopted '07 budget. We're, again, recommending using that. The county's selection for comparison are consistent with those used last year, Sarasota, Lee, Charlotte, Marion and Manatee. We think that's just good prudent business practice to see what -- how we stack up against other counties that are as similar as -- CHAIRMAN COLETTA: Motion to approve. MR. SMYKOWSKI: -- practicable. COMMISSIONER HENNING: Second. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: Second by Commissioner Fiala. Any discussion? (No response.) CHAIRMAN COLETTA: All those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 5-0. MR. SMYKOWSKI: Operating funds. We typically budget in the general fund 2 and a half percent, and we typically budget 5 percent in the remaining operating funds, and we budget the constitutional officer reserves within the county general fund since they provide countywide service. COMMISSIONER COYLE: Motion to approve. COMMISSIONER FIALA: Second. MR. SMYKOWSKI: That's consistent with standard-- Page 253 February 27, 2007 CHAIRMAN COLETTA: Motion to approve by Commissioner Coy Ie, second by Commissioner Fiala. Any discussion? (No response.) CHAIRMAN COLETTA: All those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: They ayes have it, 5-0. MR. SMYKOWSKI: Accrued salary savings. Staffwas recommending using 2 percent accrued salary savings factor in developing the '08 budget, recognizing that all positions are not full during the course of the entire fiscal year. MR. MUDD: Okay. And we also talked off that 2 percent -- we came up with overtime limitations that has that example. We're on page 6 of 30. The Productivity Committee recommended that that 2 percent go to 4 percent with the Productivity Committee, and they're trying to take into effect the actual vacancies that we have in the organizations at this particular time. Every -- at the time that it was set, 2 percent was -- it was basically set at something higher than 4 percent at the request of the sheriff because he was having -- he was filling all his vacancies. And then I remember the comment, I even have people on standby, and as the vacancies come open or go to school, I can even put those in. I believe Crystal was his finance officer at that time. But I won't put you on the spot, Crystal, okay? Page 254 February 27, 2007 Since that time we've had a downturn as far as fills are concerned, and we're averaging more like 4 percent. I will tell you that we're going to have to adjust that overtime example because it doesn't necessarily fit if the board approves the 4 percent accrued savings factor because of vacancies. You might want to say in your overtime limitations that that's what you choose to do, is that the overtime budgets stay within the 4 percent that's there that basically would be 100 percent. You try to keep your overtime within what your 100 percent personnel budget would be. And then deviations from that, you can explain it to the board when you come and present your budgets. COMMISSIONER COYLE: Then that would be my recommendation, go with the 4 percent but require that any overtime payments be made out of that 4 percent. CHAIRMAN COLETTA: Okay. COMMISSIONER HALAS: Second. CHAIRMAN COLETTA: We've got a motion by Commissioner Coyle, second by Commissioner Halas. Anything you want to -- any comments from staff on that? MR. MUDD: Four. CHAIRMAN COLETTA: Any comments? (No response.) CHAIRMAN COLETTA: No comments? Okay. No. Whoops, I'm sorry. Commissioner Coy Ie, something else? COMMISSIONER COYLE: No. CHAIRMAN COLETTA: Okay. All those in favor, indicate by . saYIng aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. Page 255 February 27, 2007 CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 5-0. MR. SMYKOWSKI: The rest of the policies that move into that second segment, which were the existing policies that we -- things like, we do a three-year projection of the tax supported funds, grand fund positions; transitioning to a general operating budget should be treated as expanded service requests. We applied gas taxes to our road construction program. We don't fund contract agencies. MR. MUDD: I want you to go down that one more time. Contract agency funding. You get into this every year with somebody wanting to come in and say, please fund me. And you've got about 300 of them that are just waiting with baited breath to try to tackle you. Once you give away, then you're going to be here, because the previous boards have had it. The Board of County Commissioners will not fund any non-mandated social service agencies, and that has been your policy since you've been sitting -- COMMISSIONER COYLE: Motion to reaffirm that policy. COMMISSIONER HENNING: Second. CHAIRMAN COLETTA: We have a motion from Commissioner Coy Ie, a second from Commissioner Henning, and I was going to make a joke asking if you wanted me to do a workshop on this. COMMISSIONER COYLE: You probably will anyway. MR. SMYKOWSKI: There's about three more pages -- CHAIRMAN COLETTA: Hold on. We didn't take -- MR. MUDD: Didn't take the vote. CHAIRMAN COLETTA: All those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. Page 256 February 27, 2007 COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 5-0. MR. MUDD: Keep talking, Mike. I don't think you have to vote on these. MR. SMYKOWSKI: Sir, in the interest of time, the next three pages are, again, standard policies you've adopted for a number of years. If you want to treat those on an exception basis, otherwise we'll assume that we'll continue on with that standard practice. Again, trying to save time. The three-year budget projection. We assumed 8 percent taxable value in the general fund over three years. The analytical model I used projected a slight millage increase in '09, '010, but again, with reasonable tolerances within general fund, which would probably be manageable. MR. MUDD: We're on page 11 of 30 when you look at that paragraph when he's talking about those increases between the eleventh page and twelfth page. The twelfth page he's assumed 8 percent -- 8 percent and 8 percent in '08, '09 and' 1 O. I don't know for sure what they're going to be, so I said, set them for 8. And then what would that do based on what we know as far as expanded positions are concerned and costs that we know, they're increased costs that are coming forward? And that gives you what those millages are in '08, '09 and' lOon page 11 of 30 on that graph. And he talked about a little bit of an increase in '09 and' 10, and I will tell you those are manageable so that there won't have to be an Increase. MR. SMYKOWSKI: And would also be mitigated by your 6 percent agency budget cap this year. That would help. Obviously it helps you in the out years as well. Page 257 February 27, 2007 Unincorporated area looks strong. We projected millage neutral with varying degrees of projected UFR funds available over the next three years with leaving the millage constant at .8069 over the next three. And if you do not have any further questions, we are complete. COMMISSIONER HENNING: Yeah. CHAIRMAN COLETTA: Yes. Commissioner Henning? I'm sorry. Go ahead. COMMISSIONER HENNING: The Productivity Commission talked about attrition? MR. MUDD: The attrition? You did that already at 4 percent. MR. SMYKOWSKI: Four percent. COMMISSIONER HENNING: Oh, it's getting late. I think we ought to continue tomorrow. We're going to have three commISSIoners. CHAIRMAN COLETTA: Go ahead, Commissioner Henning. COMMISSIONER HENNING: I said I think we ought to continue until tomorrow. CHAIRMAN COLETTA: Well, it would be -- you'd be down to three. COMMISSIONER HENNING: Right. CHAIRMAN COLETTA: Let's keep going for a little while longer, okay? COMMISSIONER COYLE: Yeah, I'd like to get it done if we'll just move ahead here. MR. SMYKOWSKI: Sir, that concludes my presentation, unless there are any questions. CHAIRMAN COLETTA: Do you need a final vote for anything? MR. MUDD: No, Commissioner. I think we're okay. You've got the budget policy. CHAIRMAN COLETTA: Let's go to the next item. Page 258 February 27, 2007 Item #11A PUBLIC COMMENTS ON GENERAL TOPICS - MICHAEL MARCH REGARDING QUEENS PARK STORMW A TER MANAGEMENT - DISCUSSED COMMISSIONER FIALA: Yes. Can I just ask Commissioner Coletta -- I have a gentleman in the back here. He had wanted to put a petition on, and my error, I didn't get him to do it in time, and I said, come for public comment, and it's about the Lely Area Stormwater Improvement Project, and it's just a three-minute speech. Could you -- COMMISSIONER COYLE: We just went through two hours -- COMMISSIONER FIALA: I have to leave at 6:30. COMMISSIONER COYLE: We just went through two hours of discussion this morning about why we shouldn't do that. Are you really wanting -- COMMISSIONER FIALA: No, you have no idea what it's even about. COMMISSIONER COYLE: It doesn't make any difference. You can't do a public petition at public comment. COMMISSIONER FIALA: It isn't a public petition. It's a public comment. He had hoped to do a public petition. He's not -- he's just going to ask us a question. CHAIRMAN COLETTA: Unless I'm overruled by this commission, I'm going to invite the gentleman up here to make the public comments at Commissioner Fiala's request, as I would do for one of the other commissioners. MS. FILSON: The gentleman's name is Michael Marsh. CHAIRMAN COLETTA: You got a whole three minutes, sir. COMMISSIONER FIALA: And I have to leave at 6:30, so that's why I asked the question. Page 259 February 27, 2007 COMMISSIONER HENNING: Where are you going? MR. MARSH: Okay. Good afternoon, or good evening. My name is Michael Marsh and I'm here today representing the 32 homeowners of the Queens Park who are directly affected by the new LASIP canal project. We're asking you today to put a temporary hold on the LASIP project with stormwater management for the following facts and reasons: Stormwater management has continuously misled the homeowners of Queens Park on this project. And number two, our first notification as a homeowner was mailed to us on October 25th of 2006 with a meeting date set for November 1st of2006. The letter from storm water states it was a meeting to discuss the capital improvement project and to obtain our comments. We were told that these were design plans thus began our concerns immediately with stormwater management that these plans are not acceptable for numerous reasons. I personally issued a letter, along with the other homeowners, to storm water raising our concerns, which led to a meeting at my house with stormwater and Commissioner Fiala. During this meeting, we showed firsthand how the proposed plan would affect our homes, property, and most importantly, the safety of our families. I've personally driven throughout Collier County and cannot locate any canals that come as close to the homes as the stormwater management has presented as the proper solution for this project. Also during the meeting, stormwater indicated to the homeowners and led us to believe that they could obtain more property and agreed that they should have a fence to protect our children and families. And we proposed a two-to-one slope with a fence inside on the west side of the canal. This approach would cost additional money, but would give us more footage. Page 260 February 27, 2007 We followed up continuously to confirm this change. They did not respond until Commissioner Fiala sent the request. Stormwater quickly took advantage of presenting a contract to you for approval. They did not advise our issues as a community relating to this project, or to the board, that we can obtain additional footage in our yards by changing the design. Another issue that has been ignored by stormwater is the ownership of the fill in our yards. We have been advised that we legally own the fill and should be compensated for it. As of today, this issue has not been addressed with the homeowners. We are, of course, interested in negotiation, but nobody assumes responsibility or will address the issue. Our second notice as homeowners relating to this project is tomorrow afternoon, February 28th, with a statement from stormwater that construction begins on March 1 st, which is Thursday . We have been told that there is to be three legal notices, and we've only gotten two. We were also told that the protocol relating to this project has not been followed. So as commissioners of Collier County, we are asking you to help us protect our families, property and community. Please put this project on hold and give us more time to present to you all the details and have storm management come to a reasonable resolution for us, the taxpayers and residents of Queens Park. We are an older, smaller community but should be given the same consideration of preserving our property and protecting our families. We need your help. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yeah, just by way of a little bit more explanation. The stormwater said that it's possible to arrange this different slope on the thing, but it would cost nearly a million dollars more. I think it's $785,000 or something like that, and they just couldn't ask anybody to pay that. And what the homeowners discovered is that they paid for the Page 261 February 27, 2007 dirt in their back yard. They paid for all 80 feet, and 60 of it is going to be dug out. And with that money, they could pay to have the slope changed, and that's what they're most concerned about is just -- right now it's going up to 10, 15, 20 feet of their back yards. One, it was going to go through their swimming pool, and they actually had to move the canal so that it didn't go through the swimming pool. MR. MARSH: It's very, very close to the -- COMMISSIONER FIALA: Very close. MR. MARSH: There's no homes in Collier County that are affected by this. This is very, very close. COMMISSIONER FIALA: And so what he's asking is if there's a way that they could at least be compensated for the fill that Norm needs, or anybody needs that's a -- you know, it's a good price now -- and that way it would pay for whoever would buy the fill. Fill goes at -- Norm's shaking his head, but there's other places that really need fill -- just so that it would pay for this different slope. But if -- MR. MARSH: Correct. They had to bring in fill from Miami for the Golden Gate Bridge. CHAIRMAN COLETTA: Golden Gate Henning (sic), then Golden Gate -- COMMISSIONER FIALA: Golden Gate Henning. MR. MARSH: Or Airport Road, or I don't know what bridge that . IS. CHAIRMAN COLETTA: Commissioner Henning; I'm identifying you with a geographic area. Sorry about that. COMMISSIONER COYLE: Mr. Chairman, we can't act on this now. The only decision we can make is whether or not we bring it back for a future hearing. COMMISSIONER FIALA: Yes. COMMISSIONER COYLE: That's all we can do. COMMISSIONER FIALA: Now-- MR. MARSH: The meeting tomorrow is -- the preconstruction Page 262 February 27, 2007 meeting's February 28th, and I know Gene is going to be ready with trucks on March -- you know, on Thursday. COMMISSIONER COYLE: I understand that. We just went through two hours of agony this morning being told by constituents why we can't do this, and we have been called criminals, violators of the sunshine law, because we did it a month or so ago. We cannot make a decision on a public comment item that has not been advertised. We don't have opposing views. We don't have the public here. The public doesn't know we're going to be discussing this. The public doesn't know that we're likely to make a decision on it, so we can't make a decision on it. We can instruct staff to come back with a report at a future time, but we can't do this. COMMISSIONER FIALA: And then maybe at that time we could just ask them to take into consideration that that slope might be changed and that the -- and they can weigh the dirt until then so -- COMMISSIONER COYLE: They've heard it, so they can come back -- they'll be prepared to give us whatever report -- COMMISSIONER FIALA: Because right now the only thing that stood in the way is the money, and I told them that I didn't know that the commissioners would go for that money. But if they've got the money in their dirt, it might just change the neighborhood, so -- okay. Can we bring that back then? CHAIRMAN COLETTA: Sure, why not? We can get an answer from staff, get a report on it. COMMISSIONER FIALA: Okay. CHAIRMAN COLETTA: I have no problems. Commissioner Henning's trying to get a word in here. COMMISSIONER HENNING: Yeah. Just give us something on the agenda, some kind of explanation. But we can make decisions. That was the whole debate this morning. We can make decisions as long as our meetings are open for the public to view . We don't have enough information on this one to make a decision, and I'm -- I think Page 263 February 27, 2007 the commissioners -- COMMISSIONER COYLE: You're right about that. COMMISSIONER HENNING: -- believe that. Yeah. I'm not going to have Bill Barnett or the Women League (sic) of Voters tell us that -- how to run our meeting. I'm sorry. CHAIRMAN COLETTA: Did we -- we have enough of us that are willing to give instructions? We do, for staff to bring back a report and what the responsibilities are to be able to accommodate the neighborhood. COMMISSIONER FIALA: The residents, yeah. MR. MARSH: Okay. Thank you. CHAIRMAN COLETTA: Thank you so much for being here this evening. We're sorry about the long delay in being able to get you up here. COMMISSIONER FIALA: He was here at nine o'clock. Item #10H A WARD WORK ORDER UC-280 TO MITCHELL AND STARK CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $997,252 TO DEMOLISH THE CONCRETE STRUCTURES AND UTILIZE THE EXISTING OXIDATION DITCH STRUCTURE AS AN IRRIGATION QUALITY WATER STORAGE TANK AND ESTABLISH ELIGIBILITY FOR A SOUTH FLORIDA WATER MANAGEMENT GRANT OF $224,000 AND WAIVE THE WORK ORDER THRESHOLD REQUIREMENTS UNDER CONTRACT 04-3535, ANNUAL CONTRACT FOR UNDERGROUND UTILITY CONTRACTING SERVICES - APPROVED MR. MUDD: Commissioner, that brings us to 10H, which is a recommendation to award work order UC-280 in the amount of $997,252 to Mitchell and Stark Construction Company, Inc., to Page 264 February 27, 2007 demolish the concrete structures and utilize the existing oxidation ditch structure as an irrigation quality water storage tank, establish eligibility for a South Florida Water Management grant of $224,000 and to waive the work order threshold requirements under contract 04-3535, annual contract for underground utility contracting services. Project 72501, and -- MS. SRIDHAR: Sandy Sridhar. COMMISSIONER HALAS: Motion to approve. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: We have a motion to approve by Commissioner Coyle -- Commissioner Halas, a second by Commissioner Coyle. Discussion? Questions? Commissioner Henning? COMMISSIONER HENNING: Just one. This is a work order. Why do we have what looks to be low submitted -- submitted the lowest qualified responsible for this work? So I there was a bid? MS. SRIDHAR: Yes, sir, a bid. COMMISSIONER HENNING: Okay. Thank you. CHAIRMAN COLETTA: Okay. Any other questions? (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. We're going to take -- I think it's time for a break, or no? We'll go just a little bit more, because we're going to lose Commissioner Page 265 February 27, 2007 Fiala when we come back. Item #101 AWARD OF RFP #07-4092 SAP UPGRADE POJECT TO LABYRINTH SOLUTIONS, INC. (dba LSI CONSULTING) IN THE AMOUNT OF $ 1 ~209~999 - APPROVED MR. MUDD: Commissioner, the next item is 101. It's a recommendation to approve the award of RFP number 07 -4092, SAP upgrade project to Labyrinth Solutions, Inc., d/b/a LSI Consulting, in the amount of$1,209,999. And Ms. Len Price, your administrator for administrative services, will present. COMMISSIONER HENNING: Move to approve. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: We have a motion to approve by Commissioner Henning, second by Commissioner Coyle. Any questions? (No response.) CHAIRMAN COLETTA: Hearing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: And the ayes have it -- I'm sorry. Any opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 5-0. Item #10J Page 266 February 27, 2007 AWARD BID #07-4072 "COLLIER COUNTY IRRIGATION QUALITY WATER PROJECT" TO DOUGLAS N. HIGGINS, INC. TO PROVIDE THE INSTALLATION AND HOOKUP OF NEW IRRIGATION QUALITY (IQ) WATER LINES TO BOTH THE IRRIGATION SYSTEM AND THE CHILLER PLANT COOLING TOWERS ON THE MAIN GOVERNMENT COMPLEX LOCATED AT 3301 TAMIAMI TRAIL EAST IN THE AMOUNT OF $ 1 ~ 183~500 - APPROVED MR. MUDD: The next item is 10J. It's a recommendation to award bid number 07-4072, Collier County irrigation quality water project to Douglas N. Higgins, Inc., to provide the installation and hookup of new irrigation quality, I Q water lines, to both the irrigation system and the chiller plant cooling towers on the main government complex located at 3301 Tamiami Trail East in the amount of $1,183,500. COMMISSIONER HALAS: Motion to approve. COMMISSIONER COYLE: Second. COMMISSIONER HENNING: I'll second it, but I do have a question. CHAIRMAN COLETTA: Okay. We've got a motion by Commissioner Halas, a second by Commissioner Henning. Commissioner Coy Ie for the motion. COMMISSIONER COYLE: No, Commissioner Coletta -- Halas. COMMISSIONER HENNING: Commissioner Fiala. COMMISSIONER COYLE: Commissioner Halas -- COMMISSIONER HALAS: I made the motion; he seconded it. COMMISSIONER COYLE: Commissioner Henning for the second. COMMISSIONER HALAS: And you're our third base. Page 267 February 27, 2007 CHAIRMAN COLETTA: Okay. Commissioner Henning seconded. Go ahead, Commissioner Henning. COMMISSIONER HENNING: Is there any anticipated expansions in this facility as far as space in the next seven years? MR. MUDD: No, sir. I'm going to -- COMMISSIONER HENNING: Okay. You've answered my question. MR. MUDD: The answer to your question is no. The master plan says there is. We are going to come to you with an additional master plan that's going to talk about moving the county's seat at some time off of this complex just because of the space and what sits here. This will become probably, a thought, a judicial jail facility for the -- Collier County as it gross out, and maybe this chamber, your board room and everything else that -- the plan is to build an identical building next door like this, but the new -- COMMISSIONER HENNING: You answered my question. MR. MUDD: Yes, sir. I'm sorry. COMMISSIONER HENNING: We've got to move on. CHAIRMAN COLETTA: Any other questions? (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. We are going to take a very, very short break, last break of the Page 268 February 27, 2007 evening, then we'll get right back here and finish everybody's business. (A brief recess was had.) (Commissioner Fiala is absent for the remainder of the commission meeting.) MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, you have a hot mike. Item #10K ACCEPTANCE OF $1,510,094 IN THE GENERAL REVENUE FUNDS AND $ 1,639,225 IN THE HAZARD MITIGATION GRANT PROGRAM (HMGP) TOWARDS THE CONSTRUCTION OF THE NEW COLLIER COUNTY EMERGENCY OPERATIONS CENTER (EO C) - APPROVED The next item on your agenda is item 10K. 10K was an add-on. It was the acceptance of $1 ,51 0,094 in the general fund -- in the general revenue funds, and $1,639,225 in the hazardous mitigation grant program funds, toward the construction of the new Collier County Emergency Operations Center. The reason it was a walk-on is because we have a 15-day suspense to accept these funds. We found out about the 15-day suspense on Friday when we were told we were awarded these particular dollars. If I didn't get it on this agenda, it wouldn't be on the next one, and we would have missed our suspense, and we would have had to give up $3.1 million. Dan, do you have anything else to say? MR. SUMMERS: No, sir, I don't, unless you have any questions. COMMISSIONER HALAS: Motion to approve. COMMISSIONER HENNING: Second. Good work. Page 269 February 27, 2007 CHAIRMAN COLETTA: Motion by Commissioner Halas, second by Commissioner Henning. No discussion? Any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all in favor, indicate by saYIng aye. COMMISSIONER COYLE: (Absent.) COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The three ayes, three commissioners. Item 10L AGREEMENT BETWEEN THE BOARD OF COMMISSIONERS AND AIS RISK CONSULTANTS, INC. TO PROVIDE ACTUARIAL SUPPORT SERVICES TO THE GROUP, FIGHTING AGAINST INSURANCE RATES, a/k/a FAIR IN AN ANNUAL AMOUNT NOT TO EXCEED $75~000 - APPROVED MR. MUDD: Commissioner, the next item is -- it's old 16E3, which is now 10L. This was asked to be moved by Commissioner Fiala, and I'll try to relay what her concerns were. It's an approval of an agreement between the Board of County Commissioners and AIS Risk Consultants, Inc., to provide actuarial support services to the group fighting against insurance rates, ADA F AIR, in an annual amount not to exceed $75,000. Commissioner Fiala's concern is that this -- that this not be a reoccurring contract, that that be a one-time fee, and that if it has to go into a second year, that it would come back to the Board of Page 270 February 27, 2007 Commissioners to be approved. COMMISSIONER HENNING: That's part of my motion. CHAIRMAN COLETTA: Okay. So we have a motion. COMMISSIONER HALAS: I'll second it. CHAIRMAN COLETTA: And we have a second. Okay. We have a motion by Commissioner Henning, a second by Commissioner Halas. Any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: (Absent.) COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 3-0. MR. MUDD: Commissioners, that brings us to public comment on general topics. Ms. Filson? CHAIRMAN COLETTA: I think Ms. Filson went to get somebody. She'll be right back. MR. WEIGEL: Yeah. There is one person. I think the name is Marshal ( sic), I hope. Noone left. CHAIRMAN COLETTA: Is there someone in this room that wants to speak under general topics? MR. MUDD: No slips. CHAIRMAN COLETTA: There is no speakers. MR. WEIGEL: Yeah. We don't have any slips here. MR. MUDD: Yes, sir. That brings us to 14A. 14A used to be -- CHAIRMAN COLETTA: We're waiting just a minute to get Page 271 February 27,2007 Commissioner Coyle into here, because he's -- Donna -- he's the vice-chair for the CRA. COMMISSIONER HALAS: He's been at lunch. I think commissioner -- or commissioner -- Office Manager Sue Filson went looking for him. MR. MUDD: Commissioner Coletta, I believe you're the vice-chair for the CRA. It was voted that she would be the chair -- CHAIRMAN COLETTA: Am I? MR. MUDD: Yes. CHAIRMAN COLETTA: Okay, I'm vice-chair. MR. MUDD: And you would be the vice-chair because I believe you had a little bit of Immokalee, and you sit as the CRA for both forums. CHAIRMAN COLETTA: Okay. That sounds good. Okay. You're not, by the way. I'm the vice-chair. COMMISSIONER COYLE: No, you are. MR. MUDD: No, he is. He's the vice-chair. CHAIRMAN COLETTA: It was an excuse to get you back here. Item #14A CRA TO APPROVE THE PURCHASE OF RESIDENTIAL (MOBILE HOME) LOT AND ABUTTING VACANT LOT IN THE BA YSHORE AREA OF THE CRA AS PART OF A CRA RESIDENTIAL INFILL PROJECT; TO APPROVE PAYMENT FROM AND AUTHORIZE THE CRA CHAIRMAN TO MAKE A DRA W FROM THE BA YSHORE GA TEW A Y TRIANGLE CRA W ACHOVIA BANK LINE OF CREDIT IN THE AMOUNT OF $235,000 PLUS COST AND EXPENSES TO COMPLETE THE SALE OF SUBJECT PROPERTIES; AND APPROVE ANY AND ALL NECESSARY BUDGET AMENDMENTS. SITE ADDRESS: 3008 VAN BUREN AVENUE - MOTION TO PURCHASE AS Page 272 February 27, 2007 PRESENTED - DENIED; MOTION TO SUBMIT OFFER OF APPRAISED VALUE - APPROVED MR. MUDD: This is item 14A, and I'll get it for you. It's 16G7. It's a recommendation for the Community Redevelopment Agency to approve the purchase of a residential mobile home lot and abutting vacant lot in the Bayshore area of the CRA as part of a CRA residential infill project, to approve payment from and authorize the CRA chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank line of credit in the amount of $235,000, plus costs and expenses, to complete the sale of subject properties and approve any and all necessary budget amendments. The site address is 3008 Van Buren Avenue. And Mr. David Jackson, your director of your CRA, will present. MR. JACKSON: Good afternoon. David Jackson, Community Redevelopment Agency. The reason it's on the agenda, it was brought forward, was that the appraisal on two pieces of property that we were trying to acquire in the residential infill project did not appraise to the value of the contract for the property. In that appraisal, they came in -- the vacant lot came in about $90,000, and the appraised -- at the appraised value, and the purchase price is 95,650. It was within $5,000, and that's what we feel is justifiable. Both lots are to be sold as a pair. They're voluntary, willing sellers. The one lot that has the mobile home on it, a trailer, on the lot, is appraised at 117,600, and the purchase price for that lot is 139,350. If you'll look on your visualizer there, I'm showing you some other sales that have occurred within the last 12 months that were not picked up on the appraisal report for this. And this was done by an independent appraiser, and he looked at several properties that were in the general neighborhood. Page 273 February 27, 2007 These are other trailer lots. It's approximately the same width, 40 feet, that are on Jeepers Drive and in the area within the last 12 months. And you can see if you just did a normalization of the -- those lots, an average price is about $138,000. I've summarized below that. These two lots, one with a trailer and one is vacant, are adjacent. They make for a nice residential infill project. You can do a -- it's not a duplex, but a common wall, fee simple, two-family dwelling unit. And put the two prices together for those two lots, they would average out about 117,5-. We in the CRA staff took this to the advisory board. They feel this is justified, and the reason that we feel it's justified is because this is a slum and blighted area. It is severely depressed. There is a -- the sheriffs department spends a lot of time down there, and we have a lot of code violations in that general area. What our goal is to do, according to the master plan, is to create some residential infill single-family homes, owner-occupied, and replace the trailers with foundation homes of some sort. We're looking at modular, we're looking at stick built and we're also looking CBS. CHAIRMAN COLETTA: Okay, fine. We've got a couple commissioners that have questions. MR. JACKSON: Sure. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Well, I can't see making an offer above what the appraisal is, being that there's really no buyers out there. So I think these people, if they're willing sellers, should be ecstatic that they have somebody willing to buy their property. And I can't support anything but what the appraisals came out as. CHAIRMAN COLETTA: Okay. MR. JACKSON: If I may? CHAIRMAN COLETTA: Go ahead. You may respond. MR. JACKSON: I appreciate that point of view, and I would Page 274 February 27, 2007 agree with you in most of the occasions, but in order to make an impact in a 150-trailer lot area, you need to do more than just one project, and the hope would be to be able to do five or more. We are also in contact with other people that have lots that would possibly sell them. The object is to get the momentum going in the general area. There are some people who actually -- are living there, would like to build a home, however, they don't want be the first one to do that in an area. I think it's justified, and the reason, Commissioner Henning, that it's justified is because the impact to the neighborhood is so great, even though we have a monetary differential here, the impact of turning around a neighborhood and bringing it back to life with families of people living there that actually are owner-occupied instead of heavy rental, I think, is qualified. COMMISSIONER HENNING: Well, here's what's going to happen, and we've seen it with Conservation Collier, is you're the only one -- the only buyer in there and you keep on raising the price, therefore the appraised values are going to keep on going up. And in today's market -- if it was two years ago, I think it would be different, but there are absolutely -- there's no buyers out there. MR. JACKSON: If I -- COMMISSIONER HENNING: You know what? MR. JACKSON: Yes, sir. COMMISSIONER HENNING: That's my position and I am not changing it, and you can't change it. MR. JACKSON: I wouldn't want to argue that, but I'd like to show you what could make a difference in the area. CHAIRMAN COLETTA: Let's do this. Rather than challenge Commissioner Henning when he said you won't change it, let's go on to Commissioner Halas. COMMISSIONER HALAS: My concern is, I believe that one of these properties was bought in 2006 for about $90,000, and I think the Page 275 February 27, 2007 person wanted about 139,000. MR. JACKSON: If you're talking about the subject property, 3008 Van Buren, the two lots, they were purchased for 170,000, the two lots. COMMISSIONER HALAS: I was just talking about the one property. I thought it was -- I thought it was purchased for 90,000 -- MR. JACKSON: No, sir. It was-- COMMISSIONER HALAS: -- in 2006. MR. JACKSON: They were purchased as a pair for 170,000; one closing, one owner. COMMISSIONER HALAS: For two lots? MR. JACKSON: Yes, sir. COMMISSIONER HALAS: Okay. CHAIRMAN COLETTA: Well, who's -- any more questions? (No response.) CHAIRMAN COLETTA: Do we have a motion? (No response.) CHAIRMAN COLETTA: Commissioner Coyle, anything? COMMISSIONER COYLE: I would move for approval. CHAIRMAN COLETTA: So we have a motion by Commissioner Coyle for approval, and I'll second it to get this moving forward. With that, is there any other discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor of Commissioner Coyle's motion for approval and my second, indicate by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: Aye. Opposed? COMMISSIONER HALAS: Aye. COMMISSIONER HENNING: Aye. Page 276 February 27, 2007 CHAIRMAN COLETTA: And the motion fails. COMMISSIONER HENNING: I make a motion that we submit an offer of what the appraised values are. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: Okay. We have a motion from Commissioner Henning, second by Commissioner Coyle, to submit an offer for what the appraised values are. Any discussion? (No response.) CHAIRMAN COLETTA: Hearing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 4-0. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS Thank you. So we're at that point in the meeting where we're at staff and commissioner general communications. I got a feeling we're going to be a little bit long with this, but we'll give it a try. Let's start with the county attorney. Mr. Weigel? MR. WEIGEL: Thank you. Really the only thing I would say at this point, after the helpful discussion this morning, is that County Attorney Office, working with county manager staff, will look to provide the additional information related to the mitigation fee ordinance and the underpinnings of it. It will require additional study Page 277 February 27, 2007 and the payment for some outside assistance in that, which our office is prepared at least to -- I think to take care of that. CHAIRMAN COLETTA: And you're referring to the linkage fees? MR. WEIGEL: Yes. In regards to the linkage fee, there is an impact study, that is the impact of a fee or various amounts of fee and what would they do in the community if they were to be imposed, and the board was looking for some additional information. And, again, we'll work to provide that information. CHAIRMAN COLETTA: I don't mean to interrupt you, sir, but I'm going to -- I'm going to ask Commissioner Coyle to give you some guidance on this. He's got quite a business background, and I'm sure that he might be able to shorten the process and maybe save a couple dollars as far as how to figure out what the impact is on anyone particular industry. Got any comments, Commissioner Coyle? I don't mean to shake you loose, but I'm looking for you on this one. COMMISSIONER COYLE: Yeah, but I think we need to try to resolve it. Maybe we need to have a meeting and sit down and talk about it. MR. WEIGEL: You and I? COMMISSIONER COYLE: Yeah. MR. WEIGEL: Oh, I'd be delighted. COMMISSIONER COYLE: Okay. MR. WEIGEL: That'd be great. CHAIRMAN COLETTA: I would love to see you work on that. COMMISSIONER COYLE: Okay. MR. MUDD: I'd like to get -- while we're there and we're on linkage fees -- and I brought 10 copies of the old minutes that -- where you guys killed the program. I just want to make sure, you killed it. You stopped the program. And-- COMMISSIONER COYLE: No. No, you didn't. Page 278 February 27, 2007 MS. FILSON: I already gave them minutes. COMMISSIONER COYLE: I've already read the minutes. I know exactly what we said. CHAIRMAN COLETTA: Why are we going to get into this when it's not going to get us anyplace at all? COMMISSIONER COYLE: That's right. MR. MUDD: But I don't want to -- Commissioner, I just want to get some guidance, okay. CHAIRMAN COLETTA: We'll give you the guidance, but we don't need to have to go back over past history. Let's go with where we're going in the future of this, okay? MR. MUDD: Okay. Well, let's -- here's what I got off the dais. I've asked Leo. Leo, I'm stumped. I don't think I have linkage fee guidance. I've talked to the county attorney in the fact I've talked to Mike Pettit, and I said, Mike, you get any clear guidance? He said, no, we don't. Commissioner Coletta, you're absolutely clear where you want to go. You want to re-Iook at linkage fees. CHAIRMAN COLETTA: Here. Let me tell you where this came down. The directions were given by Commissioner Coy Ie. He instigated it. Commissioner Fiala came back with the first backing on it, Halas came back with the second, myself with the third. Coy Ie was first when he okayed. He brought it back with the economic impact study wanting to be added. That's already being worked on. Fiala was okay with it as long as we bring it back with the inclusionary zoning, tie it all together so that we can see the overall impact. I don't -- I don't know what else direction do you need? We can give it to you now if you'd like it. There's one commissioner missing, but is there something that's missing from this matrix? MR. MUDD: Yes, sir, there is. Commissioner Halas -- Page 279 February 27, 2007 Commissioner Fiala said she wants it to come back in inclusionary zoning, and I believe you need to take a look at it in inclusionary zoning if you're going to look at the concept because you can't just do inclusionary zoning with some kind of -- without some kind of linkage fee, because if you do, then you discriminate against residential developments versus commercial developments, and you're going to get yourself in a bind when that happens. So there has to be some kind of buy-out provision for those commercial PUDs that come -- rezones that come before the board. So I believe that is prudent, and I believe that's what I needed to get. So if you're saying, hey, we're going to bring it back and we're going to bring it back into a package, then I don't have a problem. But I certainly don't want to take it by and of itself because we're going to still run into the same issue with -- if it fails again, we run into the same issue with inclusionary zoning, and I just want to try to stop that from happening. CHAIRMAN COLETTA: You know -- and I think it's a perfect tie-in. I think Commissioner Fiala was right and Commissioner Coyle is right. We have to come up with a cost for what it is that we're talking about in relation to the industry itself and what the impact's going to be. I think it's an excellent mix, totally do. Commissioner Coy Ie, and then Commissioner Halas. COMMISSIONER COYLE: Okay. You asked me to respond to this, and I really would have preferred to do it in a meeting, but it is very clear in these minutes that I said now is not the right time to do it; number two, I was concerned about the economic impact. There was not sufficient information to determine what the economic impact would be; and number three, I described a scenario where different kinds of businesses have different impacts on our -- our affordable housing issues. I said that if you had a high-tech company coming in and building commercial and they were paying high salaries, you wouldn't Page 280 February 27,2007 want to punish them by hitting them with a high linkage fee for affordable housing because they're not creating affordable housing. On the other hand, if you had a commercial company coming in and building a Walgreen's or a supermarket of some kind that employed people drawing low salaries, they would have an impact and create a demand for affordable housing so they should have a linkage fee. I said, we need to define how we're going to administer that. Those are all absent from the study. So if we get information like that and we produce a completed study that says, these are the circumstances where we should apply it, these are the circumstances when we shouldn't apply it, this is the amount we recommend because it will not have an unfavorable impact on our economy, that's the kind of information I think we need to have. That was very clear from the minutes. And when we said kill it, we said kill that meeting; kill that meeting and don't bring it before the county commissioners. There was nobody who said, kill it forever. All I ever wanted was a clarification on how we would apply it and what a reasonable cost would be, and that's not in the study. CHAIRMAN COLETTA: And I think we're going there now, right? COMMISSIONER COYLE: Yeah. That's what I'm hoping we can do. Now, is that sufficient guidance or not? MR. MUDD: Commissioner, that's fine. COMMISSIONER COYLE: Okay. CHAIRMAN COLETTA: Let's go to Commissioner Halas, and then I'll come back to you, sir, if you have something else to add. COMMISSIONER HALAS: Yeah, I was -- when this vote was taken, I was a little concerned. Obviously we all heard the horror story of $48 a square foot, and I'm sure that each and every one of us knew that that was not going to fly. That was given by a consultant, and we've used that consultant a number of times. Page 281 February 27, 2007 Right now when commercial comes before us, there's a donation of 50 cents a square foot. I think that we need to just have this as an open-air discussion amongst all the commissioners, and I'm sure we're going to come to something that's in the middle of the road. Probably something like $2 a square foot or a dollar and a half a square foot. Obviously it's not going to be $48 a square foot. So that was my concern that -- and I took it -- to be honest with you, I took it as it was going to be -- it was dead on arrival and there was nothing else that was going to be discussed about that, and that's what I was left with, with the impression when the vote was taken. And I'm glad that we're going to resurrect this, and I think it needs to have an open-air and fair hearing, and I think we'll all come to something that is beneficial to addressing our concerns here in the community. Thank you for the opportunity to speak on this. CHAIRMAN COLETTA: Okay. Thank you. Okay. Commissioner Coyle? COMMISSIONER COYLE: Yes, just very briefly. I want you to understand why I thought it was counterproductive to proceed at that point in time. Ifwe'd proceeded at that point in time, we would have had a public hearing without the information that I just described that we need to make a decision. We would have gone into the public hearing, we would have debated it, we would have expressed our concerns, I would have said, I can't make a decision on that, and we would have wasted a lot of time. I was expecting we would get information before we take it into a public hearing, information on which to make a decision. That's the reason. And I think if we get the information, we can make a decision. But you just can't go in a hearing absent the information and expect to make a decent -- decent decision on this, because we can't make uninformed decisions without data. Page 282 February 27, 2007 CHAIRMAN COLETTA: Thank you. Mr. Weigel, anything else? MR. WEIGEL: I think that will do it, thank you. CHAIRMAN COLETTA: Thank you. Thank you very much for everything you did today. CHAIRMAN COLETTA: Mr. Mudd, you got quite a list? MR. MUDD: Yes, sir, I have two things. Okay. First is wonderful news. Okay. Let's start with the wonderful news, and then we'll get into the bad news. No, not really. Wonderful news, just came in. I went downstairs at a break at lunchtime and found this in my in-box. This was a reply from the Florida Department of Environmental Protection. COMMISSIONER COYLE: Is that signed by Michael Bennett? MR. MUDD: No, Barnett. COMMISSIONER COYLE: Barnett. Oh, I see. MR. MUDD: No, sir. This is not a letter of apology. COMMISSIONER HALAS: This gentleman here is a great guy. MR. MUDD: This is a result of the meeting that Commissioner Halas and I went, when he was the chair, to Tallahassee to get the beach parking issue where they were threatening to take $1.9 million away from their cost share. Not only do we get the $1.9 million back, they have now approved our concept that you have basically approved over a series of meetings to offer beach -- annual beach parking stickers to folks that are visitors in Collier County that are not landowners and taxpayers. And not only will you get your 1.9, but if you get to the middle paragraph, it says, outstanding invoices for the Collier County beach project with approved scopes of work under agreement 05CO 1 will be paid at the new state cost share. So we're going to get additional bucks. So it couldn't be better news. That's about a $1.7 million bogey to us. Page 283 February 27, 2007 Next thing, you've got some press, and I'm not trying to say who's reporting in the Naples Daily News correctly or incorrectly or what the issue is. But you've been having the thing about EMS, Dr. Tober and whatever. I wanted Mr. Summers to give you about a one-and-a-half minute update so you know what's going on and at least you understand what's happening in that thing, and that's the last item I have. Mr. Summers? MR. SUMMERS: Commissioners, Dan Summers, director of the Bureau of Emergency Services. My goal here today was to give you a very brief upload on -- COMMISSIONER COYLE: Turn on the timer. Turn on the time. MR. SUMMERS: I'm a little horse. I'll do the best I can to give you a little upload on some of the issues associated with the ALS engines. Dr. Tober wanted to be here today, had a full patient load schedule and could not be here to discuss some of these issues. He does encourage you, if you have any questions, feel free to call him directly and he'll give you some background information. As we got into some push back on the ALS engine agreements, let me tell you why. First of all, if you'll remember back in the AUIR activity, the Productivity Committee asked us to take a look at how we could count ALS engine programs in terms of some type of transport formula or some type of transport concerns. We had four challenges associated with that request in the AUIR in the Productivity Committee. Number one is that Collier County as a governmental entity does not own or operate these ALS engines. Secondly, remember that we have statutory licensing authority. And this is just to show the cover sheet. Collier County via the statutory requirement in Collier County EMS is a licensee or a subgrantee of ALS engine programs, if you will. And as a result of that, those issues very directly come under Dr. Tober's control. Page 284 February 27, 2007 Third was that ALS engine programs are not countywide so, again, that cost us a challenge associating a level of service standard with ALS engines. We also wanted to make you aware that the existing ALS engine programs did not provide us a mechanism of which to allow staff or the board to amend those agreements in some capacity for a delivery of service. In other words, our interlocal agreement requires an actual vehicle count and an actual paramedic certification approved by Dr. Tober, and this is where we've had some push back a little bit from the departments. So what we want to -- and we met with some of you one on one to remind you that the ALS engine program was never designed to substitute for transport, and our level of service deals with transport specifically, and that's how we measure our standard. The ALS engine program is an enhancement to that. It provides a safety net for our paramedics. We want that program to continue, but we also want the fire districts to continue to work with us under a specific medical control, and that statutory document there does point that out. I made the decision to make a request that we terminate those ALS engine agreements because general county attorney guidance was -- at that time was to bring back a new document. So there was more than enough time to say, hey, let's get these documents, let's refine these documents that better reflect the service that everybody wants to deliver because we need to do that within the next 90 days or so -- and I'll tell you why we chose that 90 days. We want to get that started, bring you back a new agreement well within that 90-day period so we had no lapse of service. So that's kind of where we stood. The other commitment that we made to you, Commissioners, was that Chief Page was going to research a grant and has a tentative nod on a grant from the state office of emergency services to actually let us Page 285 February 27, 2007 bring a consultant in and to figure out a good way of which to benchmark ALS engines for the future. So, again -- and we're going to work that process. I will -- I will take a glare from Mr. Mudd here if we can make the May comment-- the May period or not, but we'll do our best. If I may have a few extensions here, real quickly. The reason that we acted on this 90-day suspension -- I'm sorry -- this 90-day renegotiation period on the interlocal agreement was, during that time we found, and we suspected, and we are worried about a number of infractions that are in place out there with the ALS engine program. We suspect that, first of all, we don't have a -- we have a big variable in the number of engines that are provided. Some days they meet the minimum. Some days they exceed the minimum. Well, if they exceed the minimum with ALS engines, under the state statutory requirement, they're not a licensed unit. And if they're operating an unlicensed unit, that puts us in jeopardy, and so that's the reason that we moved forward. Secondly, we were having challenges with medical documentation and medical -- documentation and intervention from an ALS unit. As you know, one of the things that's paramount in the medical business is documentation. So we're running into some challenges there where the documentation by the ALS engines was inconsistent. Third, there was a desire to possibly use some quick response vehicles like SUVs instead of fire engines. Well, we don't have a provision in the interlocal to do that. And, again, that was another push back from the fire departments. Last, but not least, is some medical terminology. There were some new units placed into the sheriffs 911 dispatch center that, in terms of a computer-aided dispatched, that were conversed to the -- or outside of the chiefs agreement, outside of the communication's manual from the county and actually conflicted with the medical Page 286 February 27, 2007 control designation that Dr. Tober has. So actions at this point, we want to -- we're going to bring you -- and we have two drafts already finished, one with Marco and I believe one with the City of Naples. We're about to finish up a third one that meets these requirements with the Isle of Capri, so those three are being done. But, again, these issues that we're driving were really two things. One was to make the interlocal agreement reflective of our general statutory requirements and, secondly, make sure that actually what was being delivered as an issue of LOS was properly reflected in the interlocal agreement. So it has caused a little bit of a bumpy road, but we have done that all in the name of medical control, under the auspices of our EMS. Actions to date, we are -- again, have these interlocal drafts that we're about ready to bring back to you. We're going to look at some of the dispatch protocol and make sure that we get that standardized. You all are familiar with that. And, again, we understand that emotions are running high in some of the districts which may be driven by some union issues. And, again, we'll take a look at that and be fair. But rest assured we have done this with proper diligence. It may not have been received very well, but these things are important in terms of medical control to be standard and to be uniform across the county to the best of our ability. So I don't know if Chief Page has any additional he'd like to add. Commissioner Coyle, thank you for your extra time. CHAIRMAN COLETTA: Commissioner Coyle has a question. COMMISSIONER COYLE: Only one observation. I strongly encourage you not to commit to any memorandum of agreement with any fire district until it is approved by this board, okay? MR. SUMMERS: And, sir, this was our intent-- COMMISSIONER COYLE: Don't even lead them to believe Page 287 February 27, 2007 that that is going to be the approved document, okay? MR. SUMMERS: Sir, we have done due diligence on the documents to meet the standards. We'll bring those to you. And, again, it was my desire to bring you a document that is revised and not have a document sunset. So I was looking for continuous coverage of licensed vehicles. MR. MUDD: But, Commissioner, you have approval -- CHAIRMAN COLETTA: Thank you. MR. MUDD: -- for that agreement, not us. COMMISSIONER COYLE: I'm sorry? MR. MUDD: You have -- the board has approval of those agreements, not the staff. COMMISSIONER COYLE: Well, I just don't want to give the districts the impression that you have sat down and negotiated with them an agreement and that's what it's going to be. You know, you have to make it clear that it's going to come to us first, and then we'll decide whether or not -- CHAIRMAN COLETTA: And I don't think we have to get into any more discussion on it. We're there. You know exactly the way the world's put together. It's just as long as they understand it. Okay. With that, Mr. Mudd, do you have anything else? MR. MUDD: No, sir; thank you. CHAIRMAN COLETTA: Okay. Thank you, Mr. Summers. MR. SUMMERS: Thank you. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Yes? CHAIRMAN COLETTA: Under comments. COMMISSIONER HENNING: Commissioner's comments? I have two. While you boys are up in Washington, the -- or asking for the good folks here in Collier County to lobby the legislators to keep housing trust fund whole, it's planned to limit the funding to $243 million. So that's a significant cut over the previous years. Page 288 February 27,2007 The second thing is, on September 12th, Commissioner Halas brought up a topic about affordable housing funds, and the board gave direction. And Commissioner Coyle said, we're going to look at everything? And the response was, yes, sir, and down to the last penny? And the response was, yes, sir. Well, I was given the engagement letter by a citizen that is contrary. On October 18,2006, KMPG (sic) letter did not address what the commissioner's request was, and that was every last cent to be audited, a material threshold for these HDC (sic) transfers. They specifically -- they wanted the HH -- CCHD transfer looked at, and we also talked about having a performance audit done. What has happened is KPMG, through this engagement letter, is only going to test internal control systems, and they will take a sampling of some of those agreements. This -- the monies that were contracted for KMPG (sic) was quite a bit of money to do -- to do those performances. And you know, I do have a person with -- I don't know if you have heard of investigations of this company from -- on the east coast on their auditing. But I don't like the fact that I thought it was specific direction, what the board's desire was, and it wasn't done. And I don't know what the board wants to do about it, but I can tell you in the future you will be seeing a lot more resolutions from this commissioner because in state statutes 125, as it said, the county administrator shall follow the ordinances and the resolutions of the Board of Commissioners on what it says. And I think that's very important that we -- that we do this. And I know that the board is not happy with the Clerk of Court, but if you want the clerk to take a look at every last cent, I am all in favor of that. CHAIRMAN COLETTA: It's a pretty deep issue for the end of a meeting. Would you like to bring it back next meeting as an agenda item? Page 289 February 27, 2007 COMMISSIONER HENNING: I'll make out a resolution. CHAIRMAN COLETTA: I don't know if you have to go that far. COMMISSIONER HENNING: Yes, sir, we do. Because this is not the only case the board gave specific direction and it was understood and it was not carried out, and that is not representative of the public. CHAIRMAN COLETTA: Well, let's do this. COMMISSIONER HENNING: When we memorialize it in an official document, then those actions must be carried out. CHAIRMAN COLETTA: And that's a very serious thing, what you're saying. I'm not saying what you're telling us is not true. Commissioner Henning, what I would suggest is, let's bring it back to the next meeting. COMMISSIONER HENNING: I would be happy to write a memo to the Board of Commissioners. CHAIRMAN COLETTA: That would be very much appreciated, but I think the next meeting would be an appropriate place for this. COMMISSIONER HENNING: I'm going to write -- well, Commissioner, I will put an item on the agenda and I will write a memo to the Board of Commissioners -- CHAIRMAN COLETTA: Okay. COMMISSIONER HENNING: -- showing them what we said and showing them the engagement letter. CHAIRMAN COLETTA: And in all fairness, you're going to supply this data early enough so that the county manager can also be able to respond by getting his own data together; in other words, it won't be something that comes out a couple days before the meeting? It goes through the regular process -- COMMISSIONER HENNING: Well, I think we got about three weeks, so I have plenty of time to put a memo together and get it to Page 290 February 27, 2007 you. CHAIRMAN COLETTA: Okay, fine. And at that point in time, we'll get it on the agenda and go forward and deal with it. Do you have anything else? COMMISSIONER HENNING: That's it. CHAIRMAN COLETTA: Okay. And I didn't give you a chance to respond, Mr. Mudd, because I don't think there's any need to respond at this time. MR. MUDD: No. I'm still waiting for their audit report. CHAIRMAN COLETTA: Okay. Commissioner Coyle? COMMISSIONER COYLE: Absolutely nothing. CHAIRMAN COLETTA: Oh, thank God. Commissioner Halas? COMMISSIONER HALAS: Yes, I just -- CHAIRMAN COLETTA: You don't have to push the button. COMMISSIONER HALAS: Okay. I just want to say that I've been waiting for the audit report, too, and I hope that it's forthcoming in regards to what was -- what the audit covered, and if we need to give additional direction, I think we can discuss that at the next meeting. It didn't cover all the other areas that I was concerned in. My concern was the money trail, let's say, that was coming all the way from Washington that might have bypassed the county and went forth to whoever. And I just want to make sure that all the money is accounted for in that manner, and I don't know if that's what you're getting at, Commissioner, but that's exactly what -- not only the county, but also the money that does not come to the county, and I don't know whether that's under the jurisdiction of the Clerk of Courts. If he doesn't have that jurisdiction, then we have to make sure that, some way or another, that we can give direction in that manner. Also I'd like to say that I wish Commissioner Coletta good results when he works with the school board because I think it's very, very important. These are public facilities, and they're paid for by taxpayer Page 291 February 27, 2007 dollars. And as I brought up, that's almost seven mills. So I hope that the school board realizes that these are all paid for, and that would be -- give the ability to the youth here in Collier County to use that as practice fields and also adults that want to go out and run track. I think that gives them the ability also to do that. So I know the school's got some soccer fields that could be used for -- for practice, so I wish you well on that endeavor. CHAIRMAN COLETTA: Thank you, sir. And speaking of the school board, this is -- we set it up so that we'd be meeting with the chair once a month, myself, Mr. Mudd, along with Mr. Baker, and it's a tradition I hope that carries on with the next chair of both this Collier County Commission and the school board. We were able to come to some understandings as far as the CAT facility and the length of time that it could be used. It wasn't that difficult, the idea being is that we might be able to condense the issues down to point that, when we have our joint meeting, we can get those things resolved that are going to take a little more discussion. Also, I wanted to share with you, Southwest Regional Planning Council, I'm honored to have been made the chair of that group of representatives from five counties. COMMISSIONER COYLE: Well, there goes the planning council. CHAIRMAN COLETTA: Yeah, well, it's working well, believe me, sir. Babcock Ranch came before the council at the last meeting, and this was just to get them approved as far as the question list for their development of regional impact, and I'll have you know that Collier County has had a tremendous influence on developments of this size because of Ave Maria and some of the other issues that we've dealt with as far as the region -- I'm sorry -- the rural lands and rural fringe. Also, too, they're coming to us with their initial offer of 10 Page 292 February 27, 2007 percent affordable housing within the community . We're asking for an in-depth study to be able to justify that 10 percent to see if it's enough. I've got a feeling it's going to end up being considerably more. That feels good to be involved. Look forward to the Trade Port in Immokalee coming to us in the near future. They're going to be coming to the Regional Planning Council for the development of regional impact, and they're telling me up front that they're going to be dealing with a whole bunch of issues that are important to this community, including affordable housing. COMMISSIONER HALAS: Is this a PUD? CHAIRMAN COLETTA: That's a PUD. It's a commercial PUD, but it's also going to have an affordable element in it, too. COMMISSIONER HALAS: Okay. CHAIRMAN COLETTA: It's going to be fairly extensive. They're talking about 3-, 4,000 jobs when it's built out. And with that, I have nothing else to share. This has been a very productive day. I apologize to the audience out there that's been watching. Most of the time we'd never carry the meetings this long, but Commissioner Halas and myself have to go to Washington, D.C. first thing tomorrow and we couldn't extend this meeting into tomorrow. And with that, we're adjourned. * * * * * Commissioner Halas moved, seconded by Commissioner Henning and carried unanimously, that the following items under the Consent and Summary Agendas be approved and/or adopted * * * * * Item #16Al RECORDING THE FINAL PLAT OF TURNBURY PRESERVE, APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE Page 293 February 27, 2007 AMOUNT OF THE PERFORMANCE SECURITY - W /STIPULA TIONS Item # 16A2 RELEASE AND SATISFACTIONS OF LIEN FOR PAYMENTS RECEIVED FOR THE FOLLOWING CODE ENFORCEMENT ACTIONS - AS DETAILED IN THE EXECUTIVE SUMMARY Item # 16A3 RESOLUTION 2007-42: GRANTING FINAL APPROVAL FOR THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF BRITNEY ESTATES. THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIVATELY MAINTAINED - W / RELEASE OF THE MAINTENANCE AGREEMENT Item #16A4 RESOLUTION 2007-43: GRANTING FINAL APPROVAL FOR THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF VERONAWALK PHASE IB. THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED - W /RELEASE OF THE MAINTENANCE AGREEMENT Item #16B1 PURCHASE OF 1.14 ACRES OF UNIMPROVED PROPERTY WHICH IS REQUIRED FOR THE CONSTRUCTION OF A STORMW A TER RETENTION AND TREATMENT POND FOR Page 294 February 27, 2007 THE OIL WELL ROAD WIDENING PROJECT - PROJECT NO. 60044 (FISCAL IMPACT: $125,610.00) BETWEEN IMMOKALEE AND CAMP KEAIS ROAD Item #16B2 NOVATION AGREEMENT ADDING CONDITIONS AND REPLACING A PREVIOUS AGREEMENT WITH COUNTRYSIDE MASTER ASSOCIATION, INC. FOR CONSTRUCTION OF A NOISE WALL AS PART OF THE SIX- LANE IMPROVEMENTS TO SANTA BARBARA BOULEVARD PROJECT #62081 - ESTIMATED FISCAL IMPACT: ($0) ALONG SANTA BARBARA BLVD FOR RESIDENTS WITHIN COUNTRYSIDE AT BERKSHIRE LAKES Item #16B3 THE PURCHASE OF TWO (2) CREW CAB FLAT BED DUMP TRUCKS IN ACCORDANCE WITH COLLIER COUNTY BID #04-3591 FROM WALLACE INTERNATIONAL TRUCKS IN THE AMOUNT OF $139,495.14 - FOR REPAIR AND ROAD MAINTENANCE Item #16B4 PURCHASE OF TWO (2) 20-CY DIESEL POWERED DUMP TRUCKS IN ACCORDANCE WITH COLLIER COUNTY BID #05-3731 FROM WALLACE INTERNATIONAL TRUCKS IN THE AMOUNT OF $208,059.54 - FOR DAIL Y REPAIR AND ROAD MAINTENANCE Item #16B5 Page 295 February 27, 2007 WORK ORDER IN THE AMOUNT OF $484,660 TO AQUAGENIX FOR THE 2007 AUSTRALIAN PINE REMOVAL PROJECT (PROJECT NUMBER 51501) UNDER CONTRACT 03- 3568 ANNUAL CONTRACT FOR COUNTYWIDE EXOTIC VEGETATION REMOVAL - GROWING ALONG NUMEROUS MILES OF COUNTY MAINTAINED DRAINAGE CANALS, DITCHES AND LAKES Item #16B6 ONE (1) ADOPT-A-ROAD PROGRAM AGREEMENT WITH TWO (2) ROADWAY RECOGNITION SIGNS AT A TOTAL COST OF $150.00 - W/GABE THE GRANITE GUY Item #16B7 CONTRACT WITH CAMBRIDGE SYSTEMATICS FOR PHASE 1 OF RFP-06-3999 FOR THE TOLL FEASIBILITY STUDY FOR THE SS JOLLEY BRIDGE IN THE AMOUNT OF $481~823 Item #16B8 CHANGE ORDER NO.2 TO CONTRACT NO. 03-3473 WITH HDR ENGINEERING, INC. - CONSULTANT SERVICES FOR PREPARATION OF A LAND DEVELOPMENT OVERLAY FOR BA YSHORE/GA TEW A Y TRIANGLE COMMUNITY REDEVELOPMENT AREA (CRA) DISTRICT SUPPLEMENTING CIVIL ENGINEERING DESIGN AND SURVEYING SERVICES IN THE AMOUNT OF $162,560 FOR THE GATEWAY TRIANGLE DRAINAGE IMPROVEMENT PROJECT (PROJECT NUMBER 51803) Page 296 February 27, 2007 Item #16B9 DEVELOPERS CONTRIBUTION AGREEMENT (DCA) BETWEEN SEMBLER F AMIL Y PARTNERSHIP #42, LTD., (THE DEVELOPER) AND COLLIER COUNTY TO ACQUIRE RIGHT OF WAY AND FUND ROADWAY IMPROVEMENTS. (COMP ANION ITEM TO THE HAMMOCK PARK PUDA-2006- AR-10030, ITEM 17C) - LOCATED AT THE NORTHEAST CORNER OF RATTLESNAKE HAMMOCK AND COLLIER BOULEVARD Item #16Cl ACQUISITION OF A 60-FOOT BY 60-FOOT UTILITY EASEMENT NEAR THE NORTHWEST CORNER OF 3898 1ST AVENUE SW FOR A PUBLIC WATER SUPPLY WELL SITE EASEMENT, AT A TOTAL COST NOT TO EXCEED $27,000 (PROJECT NUMBER 700661) - ALONG WEBER BOULEVARD IN GOLDEN GATE EST A TES Item #16C2 ACQUISITION OF A 50-FOOT BY 60-FOOT UTILITY EASEMENT NEAR THE SOUTHWEST CORNER OF 341 WEBER BOULEVARD NORTH FOR A PUBLIC WATER SUPPLY WELL SITE EASEMENT, AT A TOTAL COST NOT TO EXCEED $24~500 (PROJECT NUMBERS 700661 AND 701581) Item # 16C3 ACQUISITION OF A UTILITY EASEMENT FOR A 50-FOOT BY Page 297 February 27, 2007 60-FOOT PUBLIC WATER SUPPLY WELL SITE NEAR THE SOUTHWEST CORNER OF 611 WEBER BOULEVARD SOUTH, AND ASSOCIATED PIPELINE AND ACCESS AREA, AT A TOTAL COST NOT TO EXCEED $52,700 (PROJECT NUMBER 700661) - ALONG WEBER BLVD IN GOLDEN GATE ESTATES Item # 16C4 WORK ORDER HM-FT-3785-07-04 WITH HOLE MONTES, INC. FOR PROFESSIONAL SERVICES FOR MODIFICATIONS TO COLLIER COUNTY WATER DEPARTMENT RAW WATER BOOSTER PUMP STATION IN THE AMOUNT OF $600,600 (PROJECT 710041) - TO IMPROVE COUNTY WATER DEPARTMENT RESPONSE DURING EMERGENCIES AND HURRICANES Item # 16C5 - WITHDRAWN ANNUAL CONTRACTS TO SELECTED FIRMS FOR TRENCHLESS SEWER SYSTEM REHABILITATION CONTRACTING SERVICES PER BID 07-4088 (PROJECT 73050) AS DETAILED IN THE EXECUTIVE SUMMARY Item #16C6 BUDGET AMENDMENT TO TRANSFER FUNDS IN THE AMOUNT OF $250,000 FROM THE COLLIER COUNTY WATER-SEWER DISTRICT USER FEE FUND (414) RESERVE FOR CONTINGENCIES TO PROJECT 743131, NORTHEAST IRRIGATION QUALITY PIPELINE, IN ORDER TO PURCHASE 9,720 FEET ON 24" IRRIGATION QUALITY PIPE FROM THE TRANSPORTATION DEPARTMENT IN THE AMOUNT OF Page 298 February 27,2007 $355,725 - TO DELIVER IRRIGATION QUALITY WATER TO CUSTOMERS IN THE NORTHEAST SECTION OF THE COUNTY Item #16D1 SUBMITTAL OF A 2007 ESRI GRANT PROGRAM FOR 4-H (U.S.) INTRODUCTORY-LEVEL GRANT APPLICATION TO THE ESRI GRANT ASSISTANCE PROGRAM AND NATIONAL 4-H GIS/GPS TECHNOLOGY LEADERSHIP TEAM FOR THE INTEGRATION OF GEOGRAPHIC INFORMATION SYSTEM (GIS) SOFTWARE IN COLLIER COUNTY 4-H CLUBS AND SCHOOLS Item # 16D2 TIME & MATERIAL, NOT-TO-EXCEED PROFESSIONAL SERVICES PROPOSAL FROM PBS&J TO HAVE DR. DAVID TOMASKO PERFORM A SEA GRASS STUDY ON LOWER CLAM BAY IDENTIFYING DIE-OFF FACTORS, CONTRIBUTING RELATIONSHIPS AND OUTLINING MITIGATION STRATEGIES AND COSTS - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16El SALE OF SURPLUS ASSETS FROM THE NORTH COUNTY WATER RECLAMATION FACILITY PROJECT. TO BE HELD MARCH 12~ 2007 Item # 16E2 Page 299 February 27, 2007 AUTHORIZE THE SALE OF COLLIER COUNTY SURPLUS PROPERTY ON MARCH 24,2007 - SERVICES PROVIDED BY ATKINSON REALTY & AUCTION~ INC. Item # 16E3 - Moved to Item # 1 OL Item #16E4 REPORT AND RATIFY PROPERTY, CASUALTY, WORKERS COMPENSATION AND SUBROGATION CLAIMS SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT DIRECTOR PURSUANT TO RESOLUTION #2004-15 FOR THE FOURTH QUARTER OF FY 06 Item #16E5 REPORT AND RATIFY PROPERTY, CASUALTY, WORKERS COMPENSATION AND SUBROGATION CLAIMS SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT DIRECTOR PURSUANT TO RESOLUTION #2004-15 FOR THE FIRST QUARTER OF FY 07 Item #16E6 BUDGET AMENDMENT FOR ON-SITE GRANT TRAINING IN THE AMOUNT OF $15,500 - FOR 4 DAYS OF ON-SITE STAFF TRAINING Item #16F1 REMOVAL OF $570,992.54 FROM THE ACCOUNTS RECEIVABLE CONTROL ACCOUNT AND A LIKE AMOUNT Page 300 February 27, 2007 FROM THE ALLOWANCE FOR DOUBTFUL ACCOUNTS CONTROL ACCOUNT IN THE EMERGENCY MEDICAL SERVICES FUNDS' GENERAL LEDGER FOR THE TIME PERIOD OF OCTOBER 1,2003 THROUGH SEPTEMBER 30, 2005 Item #16F2 EMERGENCY SERVICES MEMORANDUM OF UNDERSTANDING BETWEEN COLLIER COUNTY AND MOORINGS PRESBYTERIAN CHURCH Item #16F3 APPROVE BUDGET AMENDMENTS - #07-186 Item #16Gl CRA BOARD TO APPROVE THE LEASE OF ADDITIONAL OFFICE SPACE FOR BA YSHORE GATEWAY TRIANGLE CRA OPERATIONS, APPROVE NEW OFFICE LEASE WITH LANDLORD, AUTHORIZE THE CRA CHAIRMAN TO SIGN, AND APPROVE ALL NECESSARY BUDGET AMENDMENTS - LOCATED AT 2740 BA YSHORE DRIVE Item #16G2 EXECUTE SITE IMPROVEMENT GRANT AGREEMENT(S) BETWEEN THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AND GRANT APPLICANT(S) WITHIN THE BA YSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA; - FISCAL IMPACT Page 301 February 27, 2007 IS DETAILED IN THE EXECUTIVE SUMMARY - LOCATED 3144 PINE TREE DRIVE AND 1716 AIRPORT PULLING ROAD Item #16G3 COMMUNITY REDEVELOPMENT AGENCY TO APPROVE THE PURCHASE OF A RESIDENTIAL (MOBILE HOME) LOT IN THE BA YSHORE AREA OF THE CRA AS P ART OF A CRA RESIDENTIAL INFILL PROJECT; TO APPROVE PAYMENT FROM AND AUTHORIZE THE CRA CHAIRMAN TO MAKE A DRA W FROM THE BA YSHORE GATEWAY TRIANGLE CRA W ACHOVIA BANK LINE OF CREDIT IN THE AMOUNT OF $90,000 PLUS COST AND EXPENSES TO COMPLETE THE SALE OF SUBJECT PROPERTY; AND APPROVE ANY AND ALL NECESSARY BUDGET AMENDMENTS (SITE ADDRESS: 3148 VAN BUREN AVENUE) Item #16G4 COMMUNITY REDEVELOPMENT AGENCY TO APPROVE AN EXTENSION OF SITE IMPROVEMENT GRANT AGREEMENT 02/2006 BETWEEN THE CRA AND MR. PETER CANALIA DUE TO CERTAIN CONSTRUCTION AND PERMITTING DELAYS FROM FEBRUARY 28~ 2007 TO JUNE 30~ 2007 Item #16G5 COMMUNITY REDEVELOPMENT AGENCY TO APPROVE THE PURCHASE OF A VACANT RESIDENTIAL (MOBILE HOME) LOT IN THE BA YSHORE AREA OF THE CRA AS P ART OF A CRA RESIDENTIAL INFILL PROJECT; TO APPROVE PAYMENT FROM AND AUTHORIZE THE CRA CHAIRMAN Page 302 February 27, 2007 TO MAKE A DRAW FROM THE BA YSHORE GATEWAY TRIANGLE CRA W ACHOVIA BANK LINE OF CREDIT IN THE AMOUNT OF $90,000 PLUS COST AND EXPENSES TO COMPLETE THE SALE OF SUBJECT PROPERTY; AND APPROVE ANY AND ALL NECESSARY BUDGET AMENDMENTS (SITE ADDRESS: 4048 FULL MOON COURT) Item #16G6 COMMUNITY REDEVELOPMENT AGENCY TO APPROVE THE PURCHASE OF A VACANT RESIDENTIAL (MOBILE HOME) LOT IN THE BA YSHORE AREA OF THE CRA AS PART OF A CRA RESIDENTIAL INFILL PROJECT; TO APPROVE PAYMENT FROM AND AUTHORIZE THE CRA CHAIRMAN TO MAKE A DRAW FROM THE BA YSHORE GATEWAY TRIANGLE CRA W ACHOVIA BANK LINE OF CREDIT IN THE AMOUNT OF $90,000 PLUS COST AND EXPENSES TO COMPLETE THE SALE OF SUBJECT PROPERTY; AND APPROVE ANY AND ALL NECESSARY BUDGET AMENDMENTS (SITE ADDRESS: 3252 LUNAR STREET) Item #16G7 - Moved to Item #14A Item #16H1 COMMISSIONER COLETTA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. COMMISSIONER PAID TO ATTEND THE NEW HOPE MINISTRIES 25TH ANNIVERSARY CELEBRATION LUNCHEON ON FEBRUARY 11,2007 AND REQUESTED REIMBURSEMENT IN THE AMOUNT OF $22.00, TO BE PAID FROM HIS TRAVEL BUDGET - LOCATED 7675 Page 303 February 27, 2007 DAVIS BLVD, NAPLES Item #16H2 COMMISSIONER COLETTA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. COMMISSIONER PAID TO ATTEND THE KNOW YOUR COUNTY GOVERNMENT TEEN CITIZEN PROGRAM LUNCHEON ON APRIL 10, 2007 AND REQUESTED REIMBURSEMENT IN THE AMOUNT OF $9.00 TO BE PAID FROM HIS TRAVEL BUDGET Item #16H3 COMMISSIONER COLETTA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. COMMISSIONER PAID TO ATTEND THE BOARD OF DIRECTORS OF LEADERSHIP FOUNDATIONS OF AMERICA BOARD MEETING ON FEBRUARY 22, 2007 AND REQUESTED REIMBURSEMENT IN THE AMOUNT OF $30.00 TO BE PAID FROM HIS TRAVEL BUDGET - AT THE EAST NAPLES METHODIST CHURCH Item #16H4 - WITHDRAWN COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDED THE LEAGUE OF WOMEN VOTERS CONCIERGE MEDICINE IN COLLIER COUNTY LUNCHEON ON MONDAY, FEBRUARY 19,2007, AND REQUESTED $15.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - AT THE VINEYARDS PARK COMMUNITY Page 304 February 27, 2007 CENTER, 6231 ARBOR BLVD W. Item #16H5 COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. WILL ATTEND THE 5TH ANNUAL WOMEN IN HISTORY LUNCHEON ON FRIDAY, MARCH 30, 2007 AT THE NAPLES HILTON & TOWERS; AND REQUESTED $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 CLEVELAND CLUB'S 9TH ANNIVERSARY CELEBRATION ON WEDNESDAY, JANUARY 31,2007; AND REQUESTED $28.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - HELD AT THE NAPLES ELKS CLUB, 3950 RADIO ROAD Item #16H7 - WITHDRAWN COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. WILL ATTEND THE 2007 LINCOLN DA Y DINNER ON SATURDAY, MARCH 3, 2007 AT THE NAPLES BEACH HOTEL; $125.00 TO BE PAID FROM COMMISSIONER FIALA'S TRA VEL BUDGET - LOCATED GULF SHORE BL VD NORTH Item #1611 Page 305 February 27, 2007 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 306 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE February 27, 2007 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: (1) East Naples Fire Control and Rescue District: Minutes of January 12, 2007. B: Minutes: (1) Radio Road Beautification M.S.T.U. Advisory Committee: Agenda for February 20, 2007; Minutes of January 16, 2007. (2) Bayshore Beautification M.S.T.U. Advisory Committee: Agenda for February 7, 2007; Minutes of January 10, 2007 Special Meeting. (3) Emeraency Medical Services Advisory Council: Minutes of January 30, 2007. (4) Collier County Citizens Corps Advisory Committee: Corrected Minutes of November 15, 2006. (5) Collier County Public Vehicle Advisory Committee: Agenda for February 5,2007. (6) Collier County Domestic Animal Services Advisory Committee: Minutes of December 5, 2006. (7) Immokalee Master Plan & Visionina Committee and CRA Advisory Board/EZDA Joint Meetina: (a) Immokalee Enterprise Zone Development Aaency and the Redevelopment Area Advisory Board: Agenda for January 17, 2007. H:\DATA\FRONT DESK - 2007\2007 Miscellaneous Correspondence\022707 _misc_corr.doc (b) Community Redevelopment Aaency Advisory Board and Immokalee Master Plan and Visioning Committee: Agenda for January 17, 2007. (c) Enterprise Zone Development Agency (EZDA): Agenda for January 17, 2007; Agenda for December 20, 2006; Minutes of December 20, 2006. (d) Community Redevelopment Aaency Advisory Board: Agenda for January 17, 2007. (e) Immokalee Local Redevelopment Advisory Board and Immokalee Master Plan and Visionina Committee: Minutes of December 20, 2006 Joint Meeting. H:\DA T A \FRONT DESK - 2007\2007 Miscellaneous Correspondence\022707 misc corr.doc - - February 27, 2007 Item #16J1 DISBURSEMENTS FOR THE PERIOD OF FEBRUARY 03, 2007 THROUGH FEBRUARY 09, 2007 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J2 DISBURSEMENTS FOR THE PERIOD OF FEBRUARY 10,2007 THROUGH FEBRUARY 16,2007 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16K1 BUDGET AMENDMENT IN THE AMOUNT OF $10,000 TO FUND THE COST OF SUPPLEMENTS TO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES AND THE COLLIER COUNTY LAND DEVELOPMENT CODE Item # 16K2 AGREED ORDER AWARDING EXPERT FEES AND COSTS FOR PARCELS 737R, 937R, 738R, 838, 938R, 746R AND 946R IN THE LAWSUIT STYLED BOARD OF COUNTY COMMISSIONERS V. WILLOW RUN LAND TRUST, ET AL., CASE NO. 05-1036-CA (SOUTH COUNTY REGIONAL WATER TREATMENT PLANT RO WELLFIELD EXPANSION PROJECT NO. 70892) (FISCAL IMPACT $37,879.29) Item # 16K3 MEDIA TED SETTLEMENT AGREEMENT AND A Page 307 February 27, 2007 STIPULATED FINAL JUDGMENT TO BE DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIA TED SETTLEMENT AGREEMENT IN THE AMOUNT OF $215,000.00 FOR THE ACQUISITION OF PARCEL 118 IN THE LAWSUIT STYLED COLLIER COUNTY V. DA VID LA WRENCE MENTAL HEALTH CENTER, INC., ET AL., CASE NO. 06-0567-CA (SANTA BARBARA BOULEVARD PROJECT NO. 62081) (FISCAL IMPACT: $99,541.20) Item # 16K4 AGREED ORDER AWARDING PLANNING FEES FOR PARCELS 131 AND 132 IN THE LAWSUIT STYLED COLLIER COUNTY V. WEST COAST DEVELOPMENT CORP., ET AL., CASE NO. 06-0708-CA (SANTA BARBARA BOULEVARD PROJECT NO. 62081) (FISCAL IMPACT $14,500.00) Item #17A RESOLUTION 2007-44: SNR-2006-AR-10898, JON OGLE REPRESENTING THE CRA BAYSHORE/GATEWAY TRIANGLE, HAS SUBMITTED A STREET NAME CHANGE APPLICATION. THE REQUEST IS TO CHANGE THE NAMES OF TWO STREETS, FRANCIS AVENUE AND PINE STREET, TO LINWOOD WAY. THE NEW STREET, LINWOOD WAY, WOULD INCLUDE FRANCIS AVENUE, SOUTH OF LINWOOD AVENUE TO THE DEAD-END INTERSECTION WITH PINE STREET, AND PINE STREET, NORTH OF FRANCIS TO LINWOOD AVENUE Item #17B Page 308 February 27, 2007 ORDINANCE 2007-29: AMENDING COLLIER COUNTY ORDINANCE NO. 2001-13, AS AMENDED (THE COLLIER COUNTY CONSOLIDATED IMP ACT FEE ORDINANCE) BY AMENDING ARTICLE TWO, IMPACT FEES, SECTION 74-202, PAYMENT AND SECTION 74-203, USE OF FUNDS; AMENDING ARTICLE THREE, SECTION 74-302, SPECIAL REQUIREMENTS FOR ROAD IMPACT FEES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE Item #17C ORDINANCE 2007-30: PUDA-2006-AR-10030, SEMBLER F AMIL Y PARTNERSHIP #42, L TD, REPRESENTED BY BOB MULHERE, OF RWA, INC., REQUESTING A PUD AMENDMENT TO REFLECT THE CURRENT LDC SECTIONS WHICH WAS RECODIFIED IN 2004 IN THE HAMMOCK PARK COMMERCE CENTRE PUD DOCUMENT. THE SUBJECT PROPERTY IS 20.23 ACRES, AND IS LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF CR 951 AND RATTLESNAKE HAMMOCK ROAD (COMPANION ITEM TO 16B9) Item #17D RZ-2005-AR-7445, D. WAYNE ARNOLD, AICP, Q. GRADY MINOR AND ASSOCIATES, P.A. REQUESTING A REZONE FROM THE CONSERVATION ZONING DISTRICT WITH AN AREA OF CRITICAL STATE CONCERN AND A SPECIAL TREATMENT OVERLAY (CON-ACSC/ ST) AND THE VILLAGE RESIDENTIAL ZONING DISTRICT WITH AN AREA OF Page 309 February 27, 2007 CRITICAL STATE CONCERN AND A SPECIAL TREATMENT OVERLAY (VR-ACSC/ST) ZONING DISTRICT TO THE VILLAGE RESIDENTIAL ZONING DISTRICT WITH AN AREA OF CRITICAL STATE CONCERN AND A SPECIAL TREATMENT OVERLAY (VR-ACSC/ST-4) (COPELAND)- CONTINUE TO 2nd HEARING ON MARCH 13,2007 Item #17E - Moved to Item #8D Page 310 February 27,2007 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 7:15 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL "~~ / / ,.,...,t9lf' JIM CO~En ., at t ATTEST: DWIQHTE:'BROCK, CLERK A . . ;... ttest II! 't(, &;a!r"!l1~ s jglliltw'; 0" 1 These min~t~s approyed by the Board on .3/.;27/f1? , as presented V or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. Page 3 11