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BCC Minutes 04/24/2007 R April 24, 2007 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, April 24, 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., REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Jim Coletta Tom Henning Frank Halas Fred W. Coyle Donna Fiala ALSO PRESENT: Jim Mudd, County Manager David Weigel, County Attorney Crystal Kinzel, Office of the Clerk of Court Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) ~' ,~ )/ ,,\ AGENDA April 24, 2007 9:00 AM Jim Coletta, BCC Chairman, District 5; CRAB Vice-Chairman Tom Henning, BCC Vice-Chairman, District 3 Donna Fiala, BCC Commissioner, District 1; CRAB Chairman Frank Halas, BCC Commissioner, District 2 Fred W. Coyle, BCC 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 PRESENT A TION 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. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, 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 April 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. 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 A V AILABLE 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 to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. March 27,2007 - BCC/Regular Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1) Mama Kraus, Parks & Recreation Enviommental Specialist 2) Robert Thurston, CDES 3) Cheryl Soter, CDES 4) Joseph Collins, Utilities Billing 5) Steven Ritter, Transportation Engineering 6) Ramiro Ponce, Transportation Maintenance Road & Bridge Page 2 April 27, 2007 7) Richard Noonan, Building Review & Permitting 8) Barbara Pitts, Library-Immokalee Branch B. 25 Year Attendees 1) Marilyn Matthes, Library Administration C. 30 Year Attendees 1) Gail Wilver, Parks & Recreation Administration 2) Pablo Salinas, Parks and Recreation-Immokolee Aquatic D. 35 Year Attendees 1) Cecilia Martin, CDES 4. PROCLAMATIONS A. Proclamation to recognize May 6, 2007 through May l2, 2007 as Drinking Water Week. Water is one of our most basic and vital needs and our health, safety, comfort, and standard of living depend upon an abundant supply of safe drinking water. To be accepted by Mr. Paul Mattausch, Director, Water Administration; Ms. Pamela Libby, Operations Manager, Water Administration; Mr. Stephen Lang, Environmental Specialist, Water Distribution; Mr. Steve Messner, North Water Plant Manager; Mr. Ty Stuller, Water Distribution Manager, Water Distribution; and Mr. Howard Brogdon, Laboratory Supervisor, Water Lab. B. Proclamation to recognize Mr. Michael Malloy for his volunteer work as Master Gardener. Mr. Malloy has donated his time and efforts to the Master Gardener program, sharing over 30 years of pragmatic horticulture experience through the preparation and delivery of public presentations to increase awareness of the importance of retaining wildlife habitats. To be accepted by Mr. Michael Malloy. C. Proclamation to designate the month of April 2007, as Call Before You Dig Month. To be accepted by Mr. Lynn Daffron from Embarq and Mr. James Page 3 April 27, 2007 French from the Community Development and Environmental Services Division. 5. PRESENTATIONS A. Recommendation to recognize Don Albonesi, Richard Badge, Glama Carter, Amia Curry, Renee Finsterwalder, Marlene Foord, Joe Frazier, Kim Grant, Mark Isackson, Peter Lund, Gary Mullee, Cliff Ong, Winona Stone, and Amanda Townsend as Collier Countys Outstanding Team for Spring 2007. B. Contractor's presentation regarding the C.R. 95l Water Main project by Akerman Construction Company, Inc. C. Distinguished Budget Presentation Award for the current fiscal year (20th) from the Government Finance Officers Association (GFOA) presented to the Office of Management and Budget. To be accepted by Mike Smykowski, Director, Office of Management and Budget. D. Presentation by Dr. George Yilmaz, recognizing Jon Pratt, NWRF Manager, as the recipient of the Water Environment Federations William D. Hatfield Award. 6. PUBLIC PETITIONS A. Public petition request by Tom Killen to discuss Radio Square PUD and outstanding commitments. B. Public petition request by John Shepard to discuss the Coconut River Estates Civic Association Property at 236l Clipper Way. C. Public petition request by Richard Viscusi to discuss tree removal along boundary ofWalMart and Sunrise Condominium Complex. D. Public petition request by Gene Silguero to discuss vacation of easement to allow set back requirements. Item 7 and 8 to be heard no sooner than 1:00 Y.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS Page 4 April 27, 2007 A. Sherifrs Office and County Staff recommend that this item be continued to the Mav 8, 2007 BCC Meetinl! to finalize staff coordination. Board consideration of adoption of a proposed ordinance prohibiting certain sexual offenders and sexual predators from establishing temporary or permanent residences within 2,500 feet of specified locations such as parks, schools, daycare centers and playgrounds within the County and prohibiting property owners from renting and/or leasing all or portions of real property to them within the prescribed limits. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Environmental Advisory Council. B. Appointment of members to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. C. Recommendation to declare a vacancy on the Affordable Housing Commission. 10. COUNTY MANAGER'S REPORT A. This item to be heard at 10:30 a.m. Recommendation to approve Contract Amendment No.2, Exhibit E, for a Guaranteed Maximum Price (GMP) of $38,533,902 under Contract No. 04-3609, Construction Manager at Risk Services for the Collier County Emergency Operations Center, with Kraft Construction Company, Inc. for the building construction portion of the Emergency Services Complex, Project 52l60. B. Recommendation to approve the intent of the Collier County Water-Sewer District to implement Water Restriction measures, per the South Water Management District (SFWMD) Water Shortage Plan. (Jim DeLony, Administrator, Public Utilities) C. Recommendation that the Board of County Commissioners provide the County Manager or his designee direction as to the manner for calculating allowable wetslips when a project shoreline is within a conservation easement.(Joseph K. Schmitt, Administrator, Community Development and Environmental Services) D. This item to be heard at 3:00 p.m. Recommendation to the Board of Page 5 April 27, 2007 County Commissioners (Board) to consider options for the creation of a Fire Review Task Force to review issues and concerns related to fire review and inspections associated with the building plan review and permitting process; to review the building review and permitting procedures related to fire review and to review and make a recommendation to the Board regarding the amending of or repeal of Collier County Ordinance 2002-49, as amended by Ordinance 2005-32, the Collier County Fire Prevention and Protection Code pertaining to adopted standards and codes of the Florida Fire Prevention Code published by the National Fire Protection Association (NFPA), as amended by the State of Florida. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) E. Presentation of a proposed Collier County Pre-Purchase Inspection Service to be offered to prospective real estate buyers to ensure that the purchased structures are built in accordance with all zoning approvals. The information presented is intended to allow the Board of County Commissioners (BCC) to consider and provide direction on whether or not to make available this Pre- Purchase Inspection Service to prospective real estate buyers in Collier County. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) F. A report on solid waste collection options for white goods, tires, batteries and electronics in specific areas of the County. (Jim DeLony, Administrator, Public Utilities) G. This item to be heard on or about 11 :00 a.m. Immokalee Master Plan and Visioning Committee and Local Redevelopment Advisory Board request to the Collier County Board of County Commissioners to cease enforcing certain zoning provisions in Immokalee for eighteen months or until the approval of the new master plan and land development codes, whichever comes first. (A companion item to l4B to be heard after l4B is discussed by the CRA) (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) H. Recommendation to terminate the Intergovernmental Agreement between the Board of County Commissioners and the Florida Department of Environmental Protection, South District Office for enhanced environmental resources permitting (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) Page 6 April 27, 2007 I. This item to be heard at 2:00 p.m. Report of the findings on Utility Issues related to Transportation Projects. J. Recommendation to determine the final agenda from the topics proposed by members of the Board of County Commissioners and the Naples City Council for a joint workshop scheduled for May l, 2007. (Debbie Wight, Assistant to the County Manager) K. Recommendation that the Board of County Commissioners reject the $l6.5 million counter-offer from Athina Kyritsis and Zannos Grekos, owners of the Gawn Fishin', LLC property located in Everglades City (Owners). 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. This item to be heard at 12:00 noon. Notice of Closed Attorney-Client Session B. This item to be heard at 1 :00 p.m. Board of County Commissioners to Provide Direction to the Office of the County Attorney as to any Settlement Negotiations and Strategy Relating to Litigation Expenditures in William Litsinger v. Collier County, Florida and Fred Coyle, individually, Case No. 06-432-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. C. Recommendation to approve a Pre-Litigation Mediated Settlement Agreement for the purchase of improved property (Parcell40) in the amount of $l ,283,988.00 which is required for the construction of Vanderbilt Beach Road Extension Project #60 l68. (Fiscal Impact: $l ,298,488.00) D. 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 $l,565,000.00 for the Acquisition of Parcelll9 in the Lawsuit Styled Collier County v. David Lawrence Mental Health Center, Inc., et al., Case No. 06-0567-CA (Santa Barbara Boulevard Project No. 6208l). (Fiscal Impact: $863,450) 13. OTHER CONSTITUTIONAL OFFICERS Page 7 April 27, 2007 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. This item to be heard on or about 11 :00 a.m. Immokalee Redevelopment Advisory Board recommendation to the Collier County Community Redevelopment Agency (CRA) to consider approval of job descriptions and referral to the Board of County Commissioners the recommended fiscal year 2007-2008 budget request related to the establishment of a new office in Immokalee to conduct CRA and Enterprise Zone Development Agency functions and duties. B. This item to be heard on or about 11:00 a.m. Immokalee Master Plan and Visioning Committee and Local Redevelopment Advisory Board request to the Collier County Redevelopment Agency to approve and forward to the Board of County Commissioners a request to cease enforcing certain zoning provisions in Immokalee for eighteen months or until the approval of the new master plan and land development codes, whichever comes first. (A companion item to lOG to be heard before lOG is discussed) 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to adopt a resolution supporting a feasibility study for the proposed Heartland Parkway. 2) This item reauires that ex parte disclosure be provided bv Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Via Veneto Lots 30 and 33 Replat. 3) This item reauires that ex parte disclosure be provided bv Page 8 April 27, 2007 Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to grant final approval ofthe roadway (private) and drainage improvements for the final plat of Castlewood at Imperial. The roadway and drainage improvements will be privately maintained. 4) This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Silver Lakes Phase Two-G 5) Recommendation to approve the application for the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment by Airflyte Electronics. 6) Recommendation to reject Bid No. 06-4050 for demolition of Commercial/Residential Structures. 7) Recommendation to accept the Special Magistrate's decision on the Mediation Proceedings for Case 06-CEB-00055: Jerry and Kimberlea Blocker v. BCC B. TRANSPORTATION SERVICES 1) Recommendation to approve a Resolution to terminate an Interlocal Agreement between the City of Naples and Collier County regarding maintenance assistance for the Traffic Signal System on Goodlette- Frank Road between U.S. 4l and Golden Gate Parkway and authorizing the County Manager or his designee to provide written notice of termination to the City. 2) Recommendation to approve the attached Agreement between Royal Wood Golf & Country Club and Collier County Board of County Commissioners as it connects LASIP to the Santa Barbara Boulevard Extension from Davis Boulevard to Rattlesnake Hammock Road, County Project No. 511 0 1 3) Recommendation for the Board of County Commissioners to approve a budget amendment to recognize revenue received for the FY07 5309 Federal Transit Authority (FTA) grant for $238,000. Page 9 April 27, 2007 4) Recommendation to declare a single family residence on 2.674 acres in Golden Gate Estates as surplus property and to take the appropriate steps to sell the property (Fiscal impact $300.00.) 5) Recommendation to Award Bid #07-4ll3 for Preparation and Delivery of Title Commitments and Real Estate Closing Services. Fiscal Impact: None. 6) Recommendation to approve a one year traffic reservation extension associated with the approval of the Traffic Impact Statement (TIS) submitted with the Verona Walk Phase 4C and 4D PPL AR#9241. 7) Recommendation to request the Board of County Commissioners to approve $4,500 from the Freedom Memorial Fund (620) to be allocated toward hiring a professional grant writing service for fundraising purposes. C. PUBLIC UTILITIES 1) Recommendation to approve, execute and record Satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $245.00 to record the Satisfactions of Lien. 2) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. 3) Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. 4) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Page 10 April 27, 2007 Fiscal impact is $70.00 to record the Satisfactions of Lien. 5) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $90.00 to record the Satisfactions of Lien. 6) Recommendation that the Board of County Commissioners Award Contract #06-4049 Public Utilities Division Asset Management Program Development and Implementation to Camp Dresser & McKee, Inc., for an amount for the first phase not to exceed $447,946.00 7) Recommendation to utilize short-term inter-fund loan from user fees as an interim funding source for the South County Regional Water Treatment Plant (SCRWTP) l2 MGD RO Expansion Project #70097l, and for the South County Regional Water Treatment Plant (SCRWTP) Well field Expansion-Easement Project #70892l, Water Impact Fee capital projects. D. PUBLIC SERVICES 1) Recommendation to affirm the approval ofa United State Fish and Wildlife Cooperative Agreement 40l8l6J09l for a Derelict Vessel Removal Grant and approve all necessary budget amendments to recognize and appropriate grant revenue in the amount of$30,000. 2) Recommend Approval of a Budget Amendment totaling $250,000 from Beach Renourishment/Pass Maintenance Reserves to fund miscellaneous Beach Renourishment initiatives as required by FDEP permit which is part of the Countys Major Beach Renourishment Project (90527l). 3) Recommendation to authorize a payment of$75,000 to Betty Briggs to purchase the Rob Storter Collection and to authorize the Chairman of the Board of County Commissioners to execute the attached three- party Agreement among the Friends ofthe Museum of the Everglades, Mrs. Betty Briggs, and the County, to transfer ownership of the Storter Collection to Collier County. Page 11 April 27, 2007 4) Recommendation that the Board of County Commissioners recognize the income from credit report fees generated by the Home Loan Program operated within the Housing and Human Services Department. 5) Recommendation that the Board of County Commissioners approves, and authorizes the County Manager to sign, a lien agreement with Santa Ledezma Diaz (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 86, Independence, Phase II. 6) Recommendation to recognize anticipated revenue in the amount of $ll,300 from the Collier County Medical Society and approve a budget amendment to the Housing and Human Services Client Assistance budget. 7) Recommendation to adopt the State Housing Initiative Partnership (SHIP) Local Housing Assistance Plan (LHAP) for State Fiscal Years 2007-2008,2008-2009 and 2009-20l0 as required by state law and submit to the Florida Housing Finance Corporation. 8) Recommendation to approve the submittal of a Florida Boating Improvement Program Derelict Vessel Removal Grant in the amount of$80,000 to the Florida Fish and Wildlife Conservation Commission. E. ADMINISTRATIVE SERVICES 1) Recommendation to ratify additions to, deletions from and modifications to the 2007 Fiscal Year Pay and Classification Plan made from December l6, 2006 through March 30, 2007. 2) Report to the Board of County Commissioners concerning the sale and transfer of items associated with the County surplus auction held on March 24, 2007, resulting in gross revenues of$5l8,875.25. 3) Recommendation to approve an Agreement for Sale and Purchase with Harvey N. Karen and Lisa M. Karen for 0.678 acres under the Conservation Collier Land Acquisition Program, at a cost not to Page 12 April 27, 2007 exceed $898,000. 4) Recommendation to approve the submittal of the attached Florida Communities Trust (FCT) grant proposal seeking post acquisition funding for a 2006 Conservation Collier purchase of the Collier Development Corporation parcel, which is a component of the Gordon River Greenway Preserve Project, requesting reimbursement for 50% of project costs, or $l,045,700. 5) Recommendation to approve Phase III Enterprise Implementation Strategy of the Enterprise Content Management Strategy, Project No. 50042l, in the amount of$25,000.00. 6) Recommendation to approve the Grant of Storm Water Drainage Easement agreement, Exhibit A, between Collier County and Edison College, to allow construction of a shallow drainage swale required by the Site Development Plan for the Emergency Services Complex and South Regional Library, Project Numbers 54003 and 52l60. 7) Recommendation to confirm approval of the Starnes property as a Category A property on the fourth Conservation Collier Active Acquisition List and direction for the County Manager or his designee to actively pursue this property, considering an actual appraisal value that is significantly higher than originally estimated. F. COUNTY MANAGER 1) Recommendation to accept an awarded Volunteer Fire Assistance Matching (50/50) Grant from the Florida Division of Forestry for the purchase of wildland fire fighting equipment and approval of necessary budget amendments to recognize and appropriate revenue in the amount of$3,340.98. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Coyle requests approval for reimbursement for attending a function serving a valid public purpose. Attended as a Page 13 April 27, 2007 guest speaker at Naples Sailing & Yacht Club Men's Speaker Luncheon on March l5, 2007. $9.95 to be paid from Commissioner Coyle's travel budget. 2) Commissioner Halas requests approval for reimbursement for attending a function serving a valid public purpose. Attending the Economic Development Council VIP Breakfast at the Hilton Naples on May 2, 2007. $2l.53 to be paid from Commissioner Halas' travel budget. 3) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Leadership Collier Class of 2007 Graduation on May ll, 2007 and is requesting reimbursement in the amount of$50.00, to be paid from his travel budget. 4) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the EDC's 2007 Best Places To Work Breakfast and Awards Presentation on May 3, 2007 and is requesting reimbursement in the amount of $40.00, to be paid from his travel budget. 5) Commissioner Fiala requests board approval for reimbursement for attending a function serving a valid public purpose. Attended the 4-H Foundation Luncheon on Tuesday, April 10, 2007 at the First United Methodist Church; $9.00 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 Collier Republican Club Meeting on Monday, April 9, 2007 at the Clubhouse at Bridgewater Bay; $l2.00 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 Leadership Collier Class of2007 Graduation on Friday, May ll, 2007, at the Naples Beach and Golf Hotel; $50.00 to be paid from Commissioner Fiala's travel budget. Page 14 April 27, 2007 I. MISCELLANEOUS CORRESPONDENCE 1) To file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain board approval for disbursements for the period of March 3l, 2007 through April 06, 2007 and for submission into the official records of the board. 2) To obtain board approval for disbursements for the period of April 07, 2007 through Aprill3, 2007 and for submission into the official records of the board. K. COUNTY ATTORNEY 1) Recommendation that the Board of County Commissioners (Board) approve the Committees selection of Bricklemyer, Smolker, & Bolves, De La Parte & Gilbert and Fixel, Maguire, & Willis and authorize the Chairman of the Board of County Commissioners to sign an Agreement with each law firm for eminent domain services once such agreement is signed for legal sufficiency by the County Attorney. 2) Recommendation to approve the Second Offer of Judgment in the amount of$20,000 as to Parcels ll4 & 914 in the lawsuit styled CC v. Elias Valencia, et al., Case No. 03-2274-CA (Golden Gate Parkway Project No. 60027). (Fiscal Impact $7,600, if accepted) 3) Recommendation to authorize staff to prepare and submit applications to register service marks with the United States Patent & Trademark Office and the State of Florida Division of Corporations to preserve the Countys advertising, logos, phrases and slogans. 4) Recommendation to approve an Agreed Order Awarding Expert Fees and Costs for Parcel l78 in the lawsuit styled Collier County, Florida v. Teodoro Gimenez, et al., Case No. 04-056l-CA (Vanderbilt Beach Road (CR862) Project No. 6305l). (Fiscal Impact $22,000.00). Page 15 April 27, 2007 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. Recommendation that the Board of County Commissioners adopt an Ordinance to amend Ordinance 2003-39 for the purpose of changing all references to funding traffic education to driver education programs, increasing the surcharge amount the Clerk of Courts may collect on all civil traffic penalties from $3.00 per penalty to $5.00 per penalty and to require that each Driver Education Program receiving funds require a minimum of 30% of a students time be behind-the-wheel training as authorized by Section 3l8.l2l5 of the Florida Statutes, entitled the Dori Slosberg Driver Education Safety Act. B. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition A VESMT-2007-AR-ll203, Lot 6l, Black Bear Ridge Phase l, disclaiming, renouncing and vacating the Countys and the Publics interest in a portion of a drainage easement in the rear of Lot 6l of Black Bear Ridge Phase l, a subdivision located in Section 34, Township 48 South, Range 26 East, as recorded in Plat Book 43, Page 89 through 92 of the Public Records of Collier County, Florida, and being more particularly described in Exhibit A. C. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. DOA-2005-AR-7136: Naples Grande Holdings, LLC, represented by Bruce E. Tyson, RLA, AICP of Wilson Miller is requesting a change to the previously approved Grey Oaks Development of Regional Impact (DR!) in accordance with Florida Statutes, Subsection 380.06(l9), to affect the southeast quadrant that is Page 16 April 27, 2007 located in unincorporated Collier County of the 1 ,60 lA acre project. Proposed modifications include removing 250 hotel rooms and adding l75 residential units. The Grey Oaks DRI is located in the northeast, southeast, and northwest quadrants of Airport-Pulling Road and Golden Gate Parkway, in Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County and the City of Naples, Florida. (Companion to PUDA-2005-AR- lOl57) D. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA-2006-AR- lOl57: Naples Grande Holdings, LLC, represented by Bruce E. Tyson, of WilsonMiller Inc., requesting an amendment to the Grey Oaks PUD to replace the approved hotel use with residential land uses and add l75 units, thus changing the maximum number of units to l,775 dwelling units for a project density of 1.12 units per acre. The PUD comprising l,601.4 acres is located at the northeast, northwest and southeast quadrants of the intersection of Airport-Pulling Road and Golden Gate Parkway (the changes proposed in this petition will only affect the southeastern quadrant of the intersection), in Sections 24, 25, 26 Township 49 South, Range 25 East, Collier County and the City of Naples, Florida. (Companion to DOA-2005- AR-7l36) E. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ-2006- AR-9l50 Kerry Kubacki for Livingston Village, LLC, and Tammy Turner Kipp of Vanderbilt Holdings II, LLC, represented by Robert L. Duane, AICP, of Hole Montes, Inc., is requesting a rezone from the currently zoned A Rural Agriculture with a Conditional Use (CU) overlay to MPUD Mixed Use Planned Unit Development. The proposed rezone request is for up to lOO,OOO square feet of retail or office space and ten multifamily units; the project is to be known as Bradford Square MPUD. The subject property is 9.18 acres located at l4258 Livingston Road, north east comer of Livingston Road and Vanderbilt Beach Road, Section 3l, Township 48 South, and Range 26 East, Collier County, Florida. F. Recommendation to approve a resolution adopting the Collier County HUD One Year Action Plan for FY 2007 -2008 for Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), American Dream Downpayment Initiative (ADDI) and Emergency Shelter Grant (ESG) Programs, authorize required HUD Certifications, approve execution Page 17 April 27, 2007 of Subrecipient Agreements by the County Manager or his designee, and submit to the United States Department of Housing and Urban Development (HUD ). G. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2006-AR-8997, D. Wayne Arnold, AICP, Q. Grady Minor and Associates, and Richard D. Yovanovich, Esq., Goodlette Coleman and Johnson, P.A representing Elias Brothers Communities Two, Inc., requesting to rezone a 55- acre tract from the Rural Agricultural (A) zoning district to Residential Planned Unit Development (RPUD) zoning district for a project known as the Buttonwood Preserve RPUD for property located approximately one mile south of Immokalee Road (C.R. 846) and 0.7 miles east of Collier Boulevard (C.R. 95l) on the south side of Tree Farm Road, in Section 35, Township 48 South, Range 26 East, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 18 April 27, 2007 April 24, 2007 MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, Commissioners, you have a hot mike. CHAIRMAN COLETTA: Yeah. Ladies and gentlemen, welcome to the Board of Collier County Commissioners' regular meeting April 24, 2007. We'll begin this meeting with the invocation by Mr. Mudd. Will you lead us in that, please, sir. Please stand. MR. MUDD: Let us pray. Oh, Heavenly Father, we ask your blessings on these proceedings and all who are gathered here. We ask a special blessing on this Board of County Commissioners, guide them in their deliberations, grant them the wisdom and vision to meet the trials of the day and the days to come. Bless us now as we undertake the business of Collier County and its citizens, that our actions will serve the greater good of all citizens and be acceptable in your sight. Your will be done, amen. CHAIRMAN COLETTA: Commissioner Fiala, would you lead us in the pledge. COMMISSIONER FIALA: Thank you. (The Pledge of Allegiance was recited in unison.) CHAIRMAN COLETTA: Good morning, one and all. The -- Mr. Mudd, changes to today's agenda. Item #2A REGULAR CONSENT AND SUMMARY AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES MR. MUDD: Yes, sir. Agenda changes, Board of County Commissioner's Meeting, April 24, 2007. Page 2 April 24, 2007 First item is to add item 2C. That's the March 28,2007, approval of minutes for District 2 Town Hall Meeting, and that item is added at staffs request. Next item is to withdraw item 6D. It's a public petition request by Jean Silguero to discuss a vacation of easement to allow setback requirements. That item's withdrawn at the petitioner's request. The next item is item 8A. Continue to May 8, 2007, BCC meeting. It's board consideration of adoption of a proposed ordinance prohibiting certain sexual offenders and sexual predators from establishing temporary or permanent residences within 2,500 feet of specific locations, such as parks, schools, day care centers and playgrounds within the county, and prohibiting property owners from renting and/or leasing all or portions of real property to them within the prescribed limits. That item is being asked to be continued by the sheriffs office and county staff. Next item is to move item 16A 1 to 10L. It's a recommendation to adopt a resolution supporting a feasibility study for the proposed Heartland Parkway. Item is asked to be moved by Commissioner Coyle and Commissioner Fiala. Next item is to continue item 16A5 definitely. It's a recommendation to approve the application for the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment by Airflyte Electronics. Just got an email this morning that basically said they don't want to go to the Immokalee site. They're going to go someplace in the urban area, and this would disqualify them. We're waiting for an official letter from them. But to be safe, we'll just continue this item until we receive the documentation. Next item is item 16A6. For the sake of caution, staff has requested the BCC waive the $50,000 formal competitive threshold if necessary during the re-bidding process in the event that work to a given vendor exceeds $50,000 cumulatively. Staff anticipates bringing Page 3 April 24, 2007 a new contract to the board for award within 90 days. Next item is to move item 16B 1 to lOP. It's a recommendation to approve a resolution to terminate an inter-local agreement between the City of Naples and Collier County regarding maintenance assistance for the traffic signal system on Goodlette- Frank Road between U. S. 4 I and Golden Gate Parkway and authorizing the County Manager or his designee to provide written notice of termination to the city. That item is being moved to the regular agenda at staffs request and also the City of Naples' request. Next item is to move item 16B6 to 10M. It's a recommendation to approve a one-year traffic reservation extension associated with the approval of the traffic impact statement submitted with the Verona Walk, phase 4C and 4D, PPL AR#924 I. That item is being moved at Commissioner Coyle's request. The next item is to move item 16C6 to ION. It's a recommendation that the Board of County Commissioners award contract number 06-4049, Public Utilities Division Asset Management Program development and implementation of the Camp Dresser & McKee, Inc., for an amount for the first phase not to exceed $447,946. That item is being moved at Commissioner Coyle's and Commissioner Henning's request. Next item is to move item 16E7 to 100. It's a recommendation to approve -- excuse me. Recommendation to confirm approval of the Starnes property as a category "A" property on the fourth Conservation Collier active acquisition list and direction for the County Manager or his designee to actively pursue this property, considering an actual appraisal value that is significantly higher than originally estimated. That item is being asked to be moved at Commissioner Coyle's request. Next item is to withdraw item 16H6. Commissioner Fiala requests board approval for reimbursement for attending a function serving a valid public purpose, attending the Collier Republican Club Page 4 April 24, 2007 meeting on Monday, April 9, 2007, at the clubhouse of Bridgewater Bay; $12 to be paid from Commissioner Fiala's travel budget. This item is being withdrawn at Commissioner Fiala's request. The next item is to move 17F to 8B. It's a recommendation to approve a resolution adopting the Collier County HUD one-year action plan for FY 2007-2008 for the Community Development Block Grant, CDBG, Home Investment Partnerships, HOME; American Dream Down Payment Initiative, ADDI; and Emergency Shelter Grant, ESG programming, authorize required HUD certifications, approve execution of sub-recipient agreements by the County Manager or his designee and submit to the United States Department of Housing and Urban Development. This item is being moved at Commissioner Henning's request. You have a number of time certain items today, Commissioners. The first item is lOA to be heard at 10:30. It's a recommendation to approve contract amendment number 2, Exhibit E, for a guaranteed maximum price of $38,533,902 under contract number 04-3609, Construction Manager at Risk Services for the Collier County Emergency Operations Center with Kraft Construction Company, Inc., for the building construction portion of the emergency services complex, which is project 52160. The next time certain item is item 10D to be heard at three p.m. It's a recommendation to the Board of County Commissioners to consider options for the creation of a fire review task force to review issues and concerns related to fire review and inspections associated with the building plan review and permitting process. And I'm not going to read the whole thing, but it is three p.m. Next item is item 14A, to be heard on or about 11 a.m. It's the Immokalee Redevelopment Advisory Board recommendation to the Collier County Community Redevelopment Agency to consider approval of job descriptions and referral to the Board of County Commissioners the recommendation fiscal year 2007/2008 budget Page 5 April 24, 2007 request related to the establishment of a new office in Immokalee to conduct CRA and Enterprise Zone Development Agency functions and duties. The next item is item 14B to be heard on or about 11 a.m., and at that time, around 11, and you'll don the CRA hat and -- adjourn the BCC, table it, and then be the CRA at 11 a.m. 14B is a CRA item at 11 a.m. also. It's the Immokalee Master Plan and Visioning Committee and Local Redevelopment Advisory Board request to the Collier County Redevelopment Agency to approve and forward to the Board of County Commissioners a request to cease enforcing certain zoning provisions in Immokalee for 18 months or until the approval of the new master plan and Land Development Codes, whichever comes first. And the next item, lOG, would be the same item as 14B except that the Board of County Commissioners would then be the Board of County Commissioners to consider that particular request. The next is IOJ to be heard at two p.m. It's a report of findings on utility issues related to the transportation project. Item 12A to be heard at 12 noon. It's a notice of closed attorney-client session, and item 12B to be heard at one p.m., Board of County Commissioners to provide direction to the Office of the County Attorney as to any settlement negotiations and strategy relating to the litigation expenditures in the William Litsinger versus Collier County, Florida, and Fred Coyle individually, case number 06-432-CA now pending in the 20th Judicial Circuit Court in and for Collier County, Florida. That's all I have, sir. CHAIRMAN COLETTA: Mr. Mudd, that's a very ambitious schedule that we have today. And with that we're going to go to commissioners here for ex-parte disclosure on the summary and consent agenda and also for any changes to the agenda. We'll start with Commissioner Henning. Page 6 April 24, 2007 COMMISSIONER HENNING: I had some ex-parte communication on 17C; 17E, with the petitioner and some of his staff; 17D, which is coming off the consent agenda; 16A whatever is a plat. I did speak to staff on that. Also, the board members received an inquiry from a resident on 1 OF. Did not get a response from staff. That person would like to have that a time certain. 10F is report on solid waste collections option for white goods, tires, batteries and electronics in specific areas of Collier County. Mr. Chairman, I would like to make -- for the board to make that a time certain. CHAIRMAN COLETTA: Mr. Mudd, what the schedule is, maybe the time certain could be after a certain time so that we can fit it in. I can see us bumping the ceiling on this schedule that we have today as far as trying to make the time certains that we already have. What's your suggestion? Would later in the afternoon work? MR. MUDD: 4:00, 4:30, sir? CHAIRMAN COLETTA: 4:00, 4:30. COMMISSIONER HENNING: You want to make that 4:30? CHAIRMAN COLETTA: Why don't we say 4:30 or later just in case we run into trouble. I'mjust concerned that we might be still in the middle of something. COMMISSIONER HENNING: Okay. But here's my problem with that. There are many time certains because of government's request, and this is a citizen requesting to have it a time certain. I think they take precedence over government. CHAIRMAN COLETTA: You're right, Commissioner Henning. It's just that I'd like to have him come in here, the same with government. They realize these time certains are less than certain, that we're going to run into certain obstacles when we're going to run past it. COMMISSIONER HENNING: So can we make this a time Page 7 April 24, 2007 certain? CHAIRMAN COLETTA: We can go ahead and make a time certain. COMMISSIONER HENNING: Thank you. CHAIRMAN COLETTA: But if we run past, I hope everybody will bear with us as we move into the schedule. So what time do we have for the time certain, 4:00 or 4:30? MR. MUDD: 4:30, sir. CHAIRMAN COLETTA: 4:30, thank you. Commissioner Henning, what else? COMMISSIONER HENNING: That's it. CHAIRMAN COLETTA: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you. As far as disclosures go, on 16A4, Silver Lakes, actually I didn't ever talk to them about this particular thing, but being that I've spoken to people from Silver Lakes recently, I thought I'd just put that on the agenda, or on the record anyway, even though it didn't exactly mention this phase. Also, on 17 -- excuse me -- 17G, I spoke with Wayne Arnold and Rich Y ovanovich, and that's it. CHAIRMAN COLETTA: Okay. Commissioner Halas? COMMISSIONER HALAS: Good morning. The only item that I need to bring forth as far as ex parte is I 6A3; I had emails and that was about it. The rest of the items I have no disclosures in regards to today's agenda. Thank you very much. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Mr. Chairman, I have no further changes to the agenda. With respect to ex parte disclosures, I have no disclosures for the consent agenda. I have disclosures for item 17D Naples Grande Holdings petition. I have received an email from Mr. Bruce Tyson who represents the Page 8 April 24, 2007 petitioner. And on 17F, Naples Grande holdings, I have received an email from Mr. Bruce Tyson from Wilson and Miller. And on 17G, I have had a meeting with Wayne Arnold and Richard Yovanovich concerning that particular petition. CHAIRMAN COLETTA: Thank you. And as for myself, the consent agenda, I have no disclosures on the summary agenda. Item number 17D, correspondence and email; item 17F, correspondence and emails; and item G, a meeting. And with that -- COMMISSIONER HENNING: Mr. Chairman? I'm sorry. I forgot one other thing. CHAIRMAN COLETTA: Could me (sic) finish, and then I'll be right to you. COMMISSIONER HENNING: Sure. CHAIRMAN COLETTA: Thank you, Commissioner Henning. Also, too, I have a request from a petitioner that we move 10K, which is concerning the Gone Fishin' property. They would like it moved until the second meeting in May. They're not prepared. They think that they might be able to offer the county a better deal. They just need some time to be able to work out the details, and I'd like to consider that. COMMISSIONER FIALA: Do you need any nods? CHAIRMAN COLETTA: Okay. We got three nods, so we'll move that -- we'll put that as being -- MR. MUDD: Continue it to the 22nd of May. CHAIRMAN COLETTA: Okay. COMMISSIONER COYLE: Can I ask a question before we make a -- CHAIRMAN COLETTA: Sure. COMMISSIONER COYLE: You're saying we're not going to reject the offer, the $16.5 million offer? COMMISSIONER FIALA: Not today. Page 9 April 24, 2007 CHAIRMAN COLETTA: Well, we haven't --let me put it the other way. We're not accepting the $16.5 (sic) by taking no action. They want to come back with a better offer. COMMISSIONER COYLE: Can't they do that anytime? Ifwe reject the $16.5 million offer today, they can come back with an offer for $10 million next week and we'll be happy to consider it, right? I mean, you don't have to continue the consideration of an offer for $16.5 million just for them to put in another offer? CHAIRMAN COLETTA: Mr. Mudd, would this effectively take care of the -- remove any consideration in the future if we're to reject the offer? MR. MUDD: No, sir, but it basically has -- you have an offer by the client of $16.5 million, about $3 million over our appraised value. CHAIRMAN COLETTA: Right. MR. MUDD: By the board rejecting it, it basically brackets and tells them, you're not going to -- CHAIRMAN COLETTA: Then I withdraw my request to have this moved forward. When the item comes up, I think -- COMMISSIONER COYLE: That's right. CHAIRMAN COLETTA: -- we'll be able to move forward expeditiously through it, Commissioner Coyle. Commissioner Henning? COMMISSIONER HENNING: Thank you. Talking to Mr. Y ovanovich on Livingston Village, there's a couple corrections I would like to add to the PUD, with the assistance of David Weigel and Susan Murray. The -- their neighboring property wanted to put in the conceptual drawing that was presented to them at the neighborhood meeting. Also, the board received correspondence from another commercial use about outside bars and acoustical noises and stuff like that. Being a mixed unit, I have concerns about allowing that type of a use. Ms. Murray, would you assist me? Page 10 April 24, 2007 MR. MUDD: This is item 17E. MS. ISTENES: Thank you. Susan Murray Istenes, for the record. Excuse my voice. I was up north in the nor'easter, and that was a bad thing. I'll put on the visualizer the elevation. On the elevation, there is a note there -- and I can't read it here -- but essentially it says that it's a conceptual drawing only. At the time ofSDP, the elevation would have to comply with code requirements. Staff is comfortable with that. I assume you are as well, Commissioner. Additionally -- and I've spoken with Rich Y ovanovich and the planner assigned to this project -- they would like to add two conditions, and Rich is okay with this language, and so are we as staff. The first is no outdoor amplified entertainment shall be permitted for any restaurants. And that, in parentheses, is music or television. And the second, no bar areas with outside seating shall be permitted. I could hand you out a copy of that if you'd like, or I could place it on the visualizer. CHAIRMAN COLETTA: Place it on the visualizer, please. CHAIRMAN COLETTA: Commissioner Henning, does this -- MS. ISTENES: It's number four and five on your visualizer at the top of the page. CHAIRMAN COLETTA: Okay. Commissioner Henning, does this meet your needs? COMMISSIONER HENNING: I think it meets the needs of the community. Commissioner Halas, yourself and I, at least received correspondence on another commercial activity where it becomes problematic, this type of use. And I -- you know, we might as well correct it. So I would like to make a motion to enter that into the PUD and keep that in the summary agenda. COMMISSIONER HALAS: Second. CHAIRMAN COLETTA: We have a motion by Commissioner Henning, a second by Commissioner Halas, to enter this into the Page 11 April 24, 2007 record of the PUD. Any comments? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it. Thank you, Commissioner Henning. Anything else? COMMISSIONER HENNING: That's it, thank you. CHAIRMAN COLETTA: Thank you. Commissioner Fiala, you have something else? COMMISSIONER FIALA: Yes. I just wanted to mention -- nothing to take off the agenda at all or, rather, off the consent. But on 16D5, we were talking about an impact fee deferral that we were approving, and I noticed that it was $8,166, and I was surprised. And so I asked the County Manager as well as Joe Schmitt. I said, I thought impact fees were $35,000, and they said, well, they are but not in all cases. And in the cases n and this was a Habitat home in Immokalee. And they said, for the Habitat homes in Immokalee, they're only 8,166. And I thought, we ought to all know that because, you know, we could get -- what is it, like three or four homes' impact fee deferrals at this rate. And you know, we've been under the impression, all of us, that all impact fees are $35,000. So I thought I'd just put that on the record and bring it to everyone's attention. CHAIRMAN COLETTA: Thank you. Page 12 April 24, 2007 And with that, I think we -- Mr. Weigel. MR. WEIGEL: Thank you. Just a moment. As you're aware with 12 -- item I2A and 12B are related in regard to the case of William Litsinger versus Collier County and Fred Coyle individually, case number 06-432. And I wanted to place on the record orally my advice and request to the board for the closed session today. It's been placed both in public notice and n as well as in the agenda itself. And having said that, I have completed my discussion for the record. Thank you. CHAIRMAN COLETTA: Thank you, Mr. Weigel. And with that, do I hear an approval for today's regular, consent and summary agenda as so amended? COMMISSIONER COYLE: So moved. COMMISSIONER HALAS: So moved. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: We have a motion by Commissioner Halas to do so and a second by Commissioner Coyle. Any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: The ayes have n okay. Please let the record show that Commissioner Henning was in objection. Page 13 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING April 24, 2007 Add Item 2C: March 28, 2007 - Approval of minutes for District 2 Town Hall Meeting. (Staff's request.) Withdraw Item 6D: Public petition request by Gene Silguero to discuss vacation of easement to allow set back requirements. (Petitioner's request.) Item 8A continued to the Mav 8, 2007 BCC meetinq: Board consideration of adoption of a proposed ordinance prohibiting certain sexual offenders and sexual predators from establishing temporary or permanent residences within 2,500 feet of specified locations such as parks, schools, daycare centers and playground within the County, and prohibiting property owners from renting and/or leasing all or portions of real property to them within the proscribed limits. (Sheriffs Office and County Staff's request.) Move Item 16A1 to 10L: Recommendation to adopt a resolution supporting a feasibility study for the proposed Heartland Parkway. (Commissioner Coyle's and Commissioner Fiala's request.) Continue Item 16A5 indefinitelv: Recommendation to approve the application for the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment by Airflyte Electronics. (Staff's request.) Item 16A6: For the sake of caution, staff has requested that the BCC waive the $50,000 formal competitive threshold if necessary during the re-bidding process in the event that work to a given vendor exceeds $50,000 cumulatively. Staff anticipates bringing a new contract to the Board for award within 90 days. Move Item 16B1 to 10P: Recommendation to approve a Resolution to terminate an Interlocal Agreement between the City of Naples and Collier County regarding maintenance assistance for the Traffic Signal System on Goodlette-Frank Road between U.S. 41 and Golden Gate Parkway and authorizing the County Manager or his designee to provide written notice of termination to the City. (Staff' request.) Move Item 16B6 to 10M: Recommendation to approve a one-year traffic reservation extension associated with the approval of the Traffic Impact Statement (TIS) submitted with the Verona Walk Phase 4C and 4D PPL AR#9241. (Commissioner Coyle's request.) Move Item 16C6 to 1 ON: Recommendation that the Board of County Commissioners award Contract #06-4049 Public Utilities Division Asset Management Program Development and Implementation to Camp Dresser & McKee, Inc., for an amount for the first phase not to exceed $447,946. (Commissioner Coyle's and Commissioner Henning's request.) Move Item 16E7 to 100: Recommendation to confirm approval of the Starnes property as a Category A property on the fourth Conservation Collier Active Acquisition List and direction for the County Manager or his designee to actively pursue this property, considering an actual appraisal value that is significantly higher than originally estimated. (Commissioner Coyle's request.) Withdraw Item 16H6: Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Collier Republican Club Meeting on Monday, April 9, 2007, at the Clubhouse at Bridgewater Bay; $12.00 to be paid from Commissioner Fiala's travel budget. (Commissioner Fiala's request.) Move 17F to 8B: Recommendation to approve a resolution adopting the Collier County HUD One Year Action Plan for FY 2007-2008 for Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), American Dream Downpayment Initiative (ADD I) and Emergency Shelter Grant (ESG) Programs, authorize required HUD Certifications, approve execution of Subrecipient Agreements by the County Manager or his designee, and submit to the United States Department of Housing and Urban Development (HUD). (Commissioner Henning's request.) Time Certain Items: Item 10 A to be heard at 10:30 a.m. Recommendation to approve Contract Amendment No.2, Exhibit E, for a Guaranteed Maximum Price (GMP) of $38,533,902 under Contract No. 04-3609, "Construction Manager at Risk Services for the Collier County Emergency Operations Center", with Kraft Construction Company, Inc. for the building construction portion of the Emergency Services Complex, project 52160. Item 10D to be heard at 3:00 p.m.: Recommendation to the Board of County Commissioners (Board) to consider options for the creation of a Fire Review Task Force to review issues and concerns related to fire review and inspections associated with the building plan review and permitting process; to review the building review and permitting procedures related to fire review and to review and make a recommendation to the Board regarding the amending of or repeal of Collier County Ordinance 2002-49, as amended by Ordinance 2005-32, the Collier County Fire Prevention and Prevention and Protection Code pertaining to adopted standards and codes ofthe Florida Fire Prevention Code published by the National Fire Protection Association (FFPA), as amended by the State of Florida. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division.) Item 14A to be heard on or about 11 :00 a.m.: Immokalee Redevelopment Advisory Board recommendation to the Collier County Community Redevelopment Agency (CRA) to consider approval of job descriptions and referral to the Board of County Commissioners the recommended fiscal year 2007-2008 budget request related to the establishment of a new office in Immokalee to conduct CRA and Enterprise Zone Development Agency functions and duties. Item 14B to be heard on or about 11:00 a.m. followinQ 14A: Immokalee Master Plan and Visioning Committee and Local Redevelopment Advisory Board request to the Collier County Redevelopment Agency to approve and forward to the Board of County Commissioners a request to cease enforcing certain zoning provisions in Immokalee for eighteen months or until the approval of the new master plan and land development codes, whichever comes first. Item 10G to be heard on or about 11 :00 a.m. followinQ Items 14A and 14B: Immokalee Master Plan and Visioning Committee and Local Redevelopment Advisory Board request to the Collier County Board of County Commissioners to cease enforcing certain zoning provisions in Immokalee for eighteen months or until the approval of the new master plan and land development codes, whichever comes first. Item 101 to be heard at 2:00 p.m.: Report of the findings on Utility Issues related to Transportation Projects. Item 12A to be heard at 12:00 noon: Notice of Closed Attorney-Client session. Item 12B to be heard at 1 :00 p.m.: Board of County Commissioners to provide direction to the Office of the County Attorney as to any settlement negotiations and strategy relating to litigation expenditures in William Litsinger v. Collier County, Florida and Fred Coyle, individually, Case No. 06-432-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. April 24, 2007 Item #2B and #2C MINUTES OF THE MARCH 27, 2007 REGULAR MEETING AND THE MARCH 28, 2007 BCC/DISTRICT #2 TOWN HALL MEETING - APPROVED AS PRESENTED The next thing would be the March 27,2007, BCC Regular Meeting and the March 28, 2007, approval of the minutes for District #2 Townhall Meeting. COMMISSIONER COYLE: Move for approval. COMMISSIONER HALAS: Second. COMMISSIONER HENNING: Second. CHAIRMAN COLETTA: Okay. We have a motion for approval by Commissioner Coyle, a second by Commissioner Henning. 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: And those opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it unanimously. Okay. Mr. Mudd, we're at the service awards. And would you like us to come out front? Item #3A Page 14 April 24, 2007 SERVICE AWARDS: 20 YEAR, 25 YEAR, 30 YEAR AND 35 YEAR RECIPIENTS - PRESENTED CHAIRMAN COLETTA: Yes, sir. If you'd come out front. And Commissioner, while you're down there, I'd ask that we do 5A, the team awards, which are also on the table, and it probably could save you some time while you're -- CHAIRMAN COLETTA: That sounds wonderful. MR. MUDD: Commissioners, this -- we'll start with the 20-year attendees. The first 20-year employee is Maura Kraus from parks and recreation, environmental specialist. (Applause.) CHAIRMAN COLETTA: Long time coming, huh? COMMISSIONER COYLE: Congratulations. MS. KRAUS: Thank you. COMMISSIONER HALAS: Congratulations. COMMISSIONER FIALA: A great job. CHAIRMAN COLETTA: Please squeeze right in here. COMMISSIONER FIALA: She's really been -- I just want to say this on the record. She's really been here 25 years except that the first five years she was here on a grant. I mean, that's a long time. (Applause.) CHAIRMAN COLETTA: Thank you very much. MR. MUDD: The next recipient is Robert Thurston from Community Development's Environmental Services. (Applause.) CHAIRMAN COLETTA: Hi, Robert. MR. THURSTON: Thank you, sir. CHAIRMAN COLETTA: Thank you for your 20 years. We look forward to the next 20. Don't hesitate. COMMISSIONER HALAS: Congratulations. MR. THURSTON: I've been here 26 years myself. I took off a Page 15 April 24, 2007 few days. CHAIRMAN COLETTA: Here's another example, another man with 26 years, originally worked for the sheriffs department. Please get right in here, we'll get a picture. COMMISSIONER FIALA: We're going to clash there. (Applause.) COMMISSIONER FIALA: Thank you. MR. MUDD: The next 20-year awardee is Cheryl Soter from Community Development's Environmental Services. (Applause.) CHAIRMAN COLETTA: Thank you very much. COMMISSIONER COYLE: Congratulations. COMMISSIONER COYLE: Thank you very much. MS. SOTER: Thank you. COMMISSIONER FIALA: Thank you. (Applause.) MR. MUDD: The next 20-year awardee is Joseph Collins from Utility Billing. (Applause.) CHAIRMAN COLETTA: Thank you. Twenty years, very . . Impressive. COMMISSIONER FIALA: Thank you, Joe. (Applause.) MR. MUDD: Next 20-year awardee is Steven Ritter from Transportation Engineering. CHAIRMAN COLETTA: Let's hear it for Steve. (Applause.) CHAIRMAN COLETTA: Yeah, Steve. I got it. It doesn't seem like 20 years ago you worked for Golden Gate -- COMMISSIONER HALAS: Hi, Steve. Congratulations. COMMISSIONER COYLE: Congratulations. CHAIRMAN COLETTA: Thank you for the wonderful job you Page 16 April 24, 2007 do for us. (Applause.) MR. MUDD: The next 20-year awardee is Ramiro Ponce from Transportation Maintenance Roads and Bridges. (Applause.) CHAIRMAN COLETTA: Good morning, Ramiro. Thank you for your 20 years. COMMISSIONER FIALA: You've got some great workers. COMMISSIONER HALAS: Thank you. COMMISSIONER COYLE: Thank you. COMMISSIONER FIALA: We're so proud of everything you do for us. COMMISSIONER HENNING: Yeah, absolutely beautiful job. CHAIRMAN COLETTA: Thank you, sir. (Applause.) MR. MUDD: Mr. Noonan and Ms. Pitts couldn't be with us this morning because of sickness and surgery in particular cases. And that will take us to our 25-year awardees. Our one 25-year awardee is Marilyn Matthes, from Library Administration. (Applause.) COMMISSIONER HALAS: Congratulations. COMMISSIONER COYLE: Congratulations. CHAIRMAN COLETTA: Thank you so much. COMMISSIONER FIALA: Thank you for all you do for us. (Applause.) MR. MUDD: We have one 30-year awardee today, and that's Gail Wilver from Parks and Recreation Administration. (Applause.) CHAIRMAN COLETTA: I need a little guidance here from someone who set up the table. MS. FILSON: Yeah, it's that one you have in your hand, sir, yes. CHAIRMAN COLETTA: Yes. Thank you so much, 30 years. Page 17 April 24, 2007 Appreciate it very much. COMMISSIONER HENNING: Good to see you again. Congratulations. COMMISSIONER FIALA: Thank you. CHAIRMAN COLETTA: We'll do it a little different. We'll put you right here in the middle. COMMISSIONER HALAS: Thank you for 30 years of dedicated service. Thank you very much. COMMISSIONER COYLE: Thank you very much. CHAIRMAN COLETTA: Stand right here. COMMISSIONER FIALA: Thank you so much. (Applause.) MR. MUDD: Pabio Salinas, another 30-year awardee, couldn't be here today because he's recovering from an illness. We have one 35-year awardee, and that's Cecilia Martin from Community Development's Environmental Services. (Applause.) COMMISSIONER FIALA: I just want to say on the record here, I rode up in the elevator with Cecilia, and she told me that she was born in Everglades City and her dad was mayor of Everglades City. And she's the only 35-year employee we have, so we need to give her a big hand. (Applause.) COMMISSIONER HALAS: Did you start when you were in elementary school? (Applause.) Item #5A RECOGNIZING COLLIER COUNTY'S OUTSTANDING TEAM FOR SPRING 2007 - PRESENTED Page 18 April 24, 2007 MR. MUDD: And, Commissioner, as I mentioned before, we'll do the one team award we have. And Matt, if you could come help me just a little bit up here for just a second. This is 5A. It's a presentation to recognize Don Albonesi, Richard Badge, Glama Carter, Amia Curry, Renee Finsterwalder, Marilyn (sic) Foord -- excuse me -- Marlene Foord, Joe Frazier, Kim Grant, Mark Isackson, Peter Lund, Gary Mullee, Cliff Ong, Winona Stone, and Amanda Townsend as Collier County's outstanding team for the spring of 2007. If! could get those ladies and gentlemen to please come forward. (Applause.) MR. MUDD: The Strategic Excellent (sic) Program for -- and Commissioner, as you're handing them out, I'll just read what they've done. The Strategic Excellence Program for Ultimate Performance, or STEP-UP, project team was assembled by myself, the County Manager, to assist in its -- his implementation efforts and the Board of County Commissioners' 10-year strategic plan, which was adopted for fiscal year 2007. The STEP-UP team held their kick-off meeting in September 2006 and began regular monthly meetings in November 2006. In addition to being tasked with bringing the board's strategic plan to light, the team is heavily involved in ensuring the divisions and departments intermediate range business plans, annual work programs and individual employee performance plans are aligned with the strategic plan. The team is also focusing on program performance metrics, enhanced business operations, and identification and implementation of best practices. The STEP-UP project team is a multi business discipline team that also acts as a catalyst to encourage a cross-divisional approach in achieving the board's goals and community outcomes as outlined in the strategic plan. Page 19 April 24, 2007 Ladies and gentlemen, I present to you Collier County's Outstanding Team for the spring of2007. (Applause.) CHAIRMAN COLETTA: Ladies in the front here. (Applause.) Item #4A PROCLAMA nON RECOGNIZING MAY 6, 2007 THROUGH MAY 12, 2007 AS DRINKING WATER WEEK - ADOPTED MR. MUDD: Commissioner, that brings us to proclamations. The first proclamation to recognize May 6, 2007, through May 12, 2007, as Drinking Water Week. Water is one of our most basic and vital needs, and our health, safety, comfort and standard of living depend upon an abundant supply of safe drinking water. To be accepted by Mr. Paul Mattausch, Director of Water Administration; Ms. Pamela Libby, Operations Manager in Water; Mr. Stephen Lang, Environmental Specialist, Water Distribution; Mr. Steve Messner, North Water Plant Manager; Mr. Ty Stuller, Water Distribution Manager, Water Distribution; and Mr. Howard Brogdon, Laboratory Supervisor in the Water Lab. COMMISSIONER HALAS: Thank you very much. It's a pleasure to read this proclamation. I can tell you that the Collier County Water Department works diligently for all of us here in Collier County to make sure that one of our great resources, that we have plenty of, and each day that we turn the tap on, we need to thank these people for basically stepping up to the task here. The proclamation reads as follows: Whereas, water is one of our most basic and vital needs and our health, safety, and standard of living depend upon the abundant supply of safe drinking water; and, Page 20 April 24, 2007 Whereas, the citizens of Collier County should have a safe and dependable supply of water both now and in the future; and, Whereas, we are calling upon each citizen to help protect our water resources from pollution, to practice water conservation and to be involved in local water issues. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of May 6 through the 12th, 2007, be recognized as Drinking Water Week. Done and ordered this 24th day of April, 2007, the Board of Collier County Commissioners, Collier County, Florida, and the chair is James Coletta. And I move that this proclamation be approved. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: We have a motion by Commissioner Halas and seconded by Commissioner Fiala to approved the proclamation. All those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 5-0. Thank you. COMMISSIONER HALAS: Paul, thank you so much. Congratulations. COMMISSIONER HENNING: Thank you. COMMISSIONER FIALA: Thank you so much. It's good to see you agam. CHAIRMAN COLETTA: Great job, well one. COMMISSIONER COYLE: Congratulations. Page 21 April 24, 2007 COMMISSIONER HALAS: Great job. COMMISSIONER COYLE: You've got to stay here for a picture. (Applause.) Item #4 B PROCLAMA TION RECOGNIZING MR. MICHAEL MALLOY FOR HIS VOLUNTEER WORK AS MASTER GARDENER- ADOPTED MR. MUDD: Commissioners, our next proclamation is to recognize Mr. Michael Malloy for his volunteer work as master gardener. Mr. Malloy has donated his time and efforts to the master gardener program sharing over 30 years of pragmatic horticulture experience through the preparation and delivery of public presentations to increase awareness of the importance of retaining wildlife habitat. To be accepted, of course, by Mr. Michael Malloy. COMMISSIONER FIALA: Whereas -- excuse me. Whereas, an important part of the Collier County and University of Florida Extension is to inform residential gardeners about the Southwest Florida eco-friendly urban gardening; and, Whereas, trained master gardener volunteers perform an extremely important role in this service; and, Whereas, one master gardener volunteer has shown himself to go above and beyond expectations in teaching residents what plants are appropriate to Collier County's climate and water limitations and advocating the elimination of pesticide use for the promotion of wildlife and protection of the environment; and, Whereas, this volunteer has become a stand-alone master gardener and has given his time to receiving training, has shared over Page 22 April 24, 2007 30 years of pragmatic horticulture experience through the preparation and delivery of public presentations and has donated his time and efforts to increase awareness of the importance of retaining wildlife habitats; and, Whereas, his donation of over 1,000 documented hours of time in the master gardener program since 2005 has been of tremendous benefit to the citizens of Collier County; and, Whereas, the Board of County Commissioners would like to express their deepest appreciation to Michael Malloy for all his volunteer work as master gardener. Therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that Master Gardener Michael Malloy be recognized for his gift to the citizens of Collier County. Done and ordered this 24th day of April, 2007, Board of County Commissioners, Collier County, Florida, James Coletta, Chairman. And Commissioner Coletta, I would like to motion to approve. COMMISSIONER HENNING: Second. CHAIRMAN COLETTA: We have a motion for approval by Commissioner Fiala and a second by 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: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 5-0. (Applause.) COMMISSIONER HENNING: Thanks. CHAIRMAN COLETTA: Would you like to say a couple Page 23 April 24, 2007 words? MR. MALLOY: No. It's just been fun. I think the Collier County Master Gardener Program is of great benefit for the county. It's just been a lot of fun. Thank you. CHAIRMAN COLETTA: Thank you. We need a picture too when you get a chance. Thank you. (Applause.) I tern #4C PROCLAMA nON DESIGNATING THE MONTH OF APRIL, 2007 AS CALL BEFORE YOU DIG MONTH - ADOPTED MR. MUDD: Commissioner, the next proclamation is to designate the month of April 2007 as Call Before You Dig Month. To be accepted by Mr. Lynn Daffron from Embarq, and Mr. James French from the Community Development's Environmental Services Division. COMMISSIONER HENNING: Whereas, each year in Florida lives are endangered, time and money is wasted, and underground utility facilities are destroyed because individuals fail to have an existing underground utility facility locate before engaging in excavation or demolition of activities that can be -- unnecessarily damage existing underground utility facilities; and, Whereas, Florida's governor, Charlie Crist, recently issued a proclamation endorsing the protection of underground utility facilities and observe the month of April 2007 as Call Before You Dig Month; and, Whereas, Call Sunshine, toll-free number, one-call center that informs and notifies all participating utility agents of planning of commencing excavation or demolition (sic) that can damage underground utility facilities. It is a free service to contractors, Page 24 April 24, 2007 property owners and individuals who plan to commence such excavation or demolition; and, Whereas, Collier County advocated compliance with Florida Statutes and local ordinances with -- regarding protecting existing underground utilities from avoidable physical damage; and, Whereas, each individual planning any type of excavation or demolition that may -- might damage any existing underground facility should always notifY Call Sunshine to determine whether the existing underground utility facilities need to be located whereby locating personal and -- personnel are dispatched at no cost to each such inquiring individuals to physically mark in -- the underground location of a buried utility facility; and, Whereas, Collier County recognizes Collier County and the City of Naples Underground Damage Prevention Task Force as a group of utility providers and local government agencies that are dedicated to protect the underground facilities and the community's infrastructure by utilizing Call Sunshine. Now therefore, be it proclaimed by the Board of Commissioners of Collier County, Florida, that the month of April, 2007, be designated as Call Before You Dig. You dig it? Mr. Chairman, I make a motion to pass this proclamation. COMMISSIONER FIALA: Second. I dig it. CHAIRMAN COLETTA: Motion by Mr. Dig It and a second by Commissioner Fiala. All those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) Page 25 April 24, 2007 CHAIRMAN COLETTA: The ayes have it, 5-0. (Applause.) COMMISSIONER HENNING: Could I call Sunshine to get my telephone line fixed too? I'm going to bury somebody if they don't come fix it. CHAIRMAN COLETTA: I thought for a minute Commissioner Henning was going to break out in some rap music. COMMISSIONER FIALA: Thanks for all the work you do for us. I tell you, I refer more things to you and you take good care of them. CHAIRMAN COLETTA: Pictures, gentlemen. You've got to have something to be able to keep this moment in your memory forever. CHAIRMAN COLETTA: Thank you. (Applause.) MR. DAFFRON: Lynn Daffron, representing the Collier County/City of Naples Damage Prevention Task Force. I'd like to thank you folks. Through your support, once again, Collier County's the flagship county for the State of Florida. We have excelled over the other counties in both education and enforcement. So we're doing a fine job here. As hard as it is, we're doing a fine job. MR. MUDD: Commissioner, that will bring us to presentations. 5A was the team award, which you presented earlier. 5B, contractor's presentation regarding the County Road 951 water main project by Ackerman Construction Company, Inc. Ron, you going to introduce them? MR. DILLARD: Yes. MR. MUDD: Okay. MR. DILLARD: The presenter stepped out to the rest room. He'll probably be back soon. COMMISSIONER COYLE: You want to go ahead with the next presentation? Page 26 April 24, 2007 MR. MUDD: Yeah, we'll go to the next one, sir. Item #5C DISTINGUISHED BUDGET PRESENTATION AWARD FOR THE CURRENT FISCAL YEAR (20TH) FROM THE GOVERNMENT FINANCE OFFICERS ASSOCIA nON (GFOA) GIVEN TO THE OFFICE OF MANAGEMENT AND BUDGET- PRESENTED The next presentation is 5C -- Ron, we're just going to put you on standby -- is distinguished budget presentation award for the current fiscal year, which is the 20th award for this department, for the Government Finance Officers Association, which is the GFOA, presented to the office of management and budget. To be accepted by Michael Smykowski, Director of the Office of Management and Budget. Michael, you got your whole team, bring them on up. COMMISSIONER COYLE: Good, good. I'm going to read the press release from the Government Finance Officers Association and then present you with the award. The Government Finance Officers Association of the United States and Canada is pleased to announce that Collier County, Florida, has received the GFOA's Distinguished Budget Presentation Award for its budget. The award represented a significant achievement. It reflects the commitment of the governing body and staff to meeting the highest principles of government budgeting. In order to receive the budget award, the government budgeting office had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well an entity's budget serves as a policy document, a financial plan, an operations guide, and a communications device. Page 27 April 24, 2007 The presentation itself reads that the Government Finance Officers Association of the United States and Canada presents their Certificate of Recognition for Budget Preparation to Office Management and Budget, Collier County, Florida. This Certificate of Recognition for Budget Preparation is presented by this organization to those individuals who have been instrumental in their government unit, achieving a Distinguished Budget Presentation Award. The Distinguished Budget Presentation Award, which is the highest award in governmental budgeting, is presented to those governmental agents' units whose budgets are judged to adhere to program standards. And it gives me great pleasure to present this award to Mike Smykowski and his staff. And I think we must also recognize the contributions of our County Manager in achieving such a significant presentation award. Mike, thank you very much. Congratulations to all you. (Applause.) COMMISSIONER HALAS: Great job. COMMISSIONER COYLE: Thanks so much for the job you do. Wonderful to see you. Thank you. CHAIRMAN COLETTA: Congratulations. COMMISSIONER FIALA: Thank you. I could never do that. COMMISSIONER HENNING: Thank you. CHAIRMAN COLETTA: We're real proud of you. Thank you very much. MR. MUDD: Get in the middle, Mike. (Applause.) CHAIRMAN COLETTA: Mr. Mudd, are we ready for B? Item #5B Page 28 April 24, 2007 A PRESENTATION BY AKERMAN CONSTRUCTION COMPANY, INC. REGARDING THE C.R. 951 WATER MAIN PROJECT - PRESENTED MR. MUDD: I believe so, sir, and this is the contractor's presentation again regarding the County Road 950 (sic) water main project by Ackerman Construction Company, Inc. MR. DILLARD: Good morning, Commissioners. For the record, I'm Senior Project Manager, Ron Dillard, with Public Utilities Engineering Department, and I'd like to introduce Mr. Jeremy Kline (phonetic) who will make the presentation for Ackerman Construction. MR. KLINE: Good morning, Commissioners. Once again, I'm Jeremy Kline with Ackerman Construction. I'm going to give you a short presentation of our project on County Road 951, the water main that we're installing. CHAIRMAN COLETTA: Move the mike toward you, sir. MR. KLINE: Excuse me? CHAIRMAN COLETTA: There we go. MR. KLINE: I'm sorry -- from Davis to County Road 41 (sic). Once again, we're Ackerman Construction. Today's date, April 24th. Here is a short map of where the project takes place, starting from Davis going down to 41. Installing a 36-inch water main and a 30-inch water main and doing interconnects at various locations across 951. We're connecting the interconnects, 24 inch, eight inch, smaller various sizes that go along the project, to install with the 20 inch that's also going down 951. Progress to date. Through April 16th, construction is 30 days behind. We have put on an additional four pipe laying crews to get us back on schedule, accelerate the progress. In about 40 days we should be back on schedule. And the final completion for the job is around Page 29 April 24, 2007 November 20th. If you have any questions at this time that need to be answered-- CHAIRMAN COLETTA: Questions from the commissioners? I think that we're fairly pleased, you know. You fell behind, you realized you fell behind, you took the initiative to bring extra people in to bring yourself back onto schedule. And for that, we applaud you. MR. KLINE: Thank you. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: Can you elaborate a little bit in regards to why you fell behind? MR. KLINE: We missed a window for permitting. COMMISSIONER HALAS: And was that permitting from the county or it was from -- MR. KLINE: South water -- COMMISSIONER FIALA: South Florida. MR. KLINE: South Florida Waste n CHAIRMAN COLETTA: Water management. COMMISSIONER HALAS: Water management. MR. KLINE: Yes. It's their pumping permit. COMMISSIONER HALAS: Okay. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Yeah. Is there anything that you think we need to do to help get things back on schedule? MR. KLINE: No, sir. COMMISSIONER COYLE: Everything's moving along okay as far as you're concerned? MR. KLINE: Yes. COMMISSIONER COYLE: Okay, good. Thank you very much for a good job. MR. KLINE: Thank you. CHAIRMAN COLETTA: You've been one of the better presentations we've heard today. Page 30 April 24, 2007 MR. KLINE: Thank you. CHAIRMAN COLETTA: And with that, Mr. Mudd, what's the next item? MR. MUDD: Thank you, sir. MR. KLINE: Thank you. Item #5D PRESENT A TION BY DR. GEORGE YILMAZ, RECOGNIZING JON PRATT, NWRF MANAGER, AS THE RECIPIENT OF THE WATER ENVIRONMENT FEDERATION'S WILLIAM D. HATFIELD AWARD - PRESENTED MR. MUDD: Commissioner, the next item is a presentation by Dr. George Yilmaz, recognizing Jon Pratt of the North Water Reclamation Facility Manager as the recipient of the Water Environment Federation's William D. Hatfield Award, which is pretty significant. George? MR. YILMAZ: Thank you, County Manager. Commissioners, for the record, George Yilmaz, Wastewater Director. The William D. Hatfield Award is presented to operators of wastewater treatment plans for outstanding professionalism and performance. It was established by the Water Pollution Control Federation as late as in 1946 and honors exceptional operators of wastewater treatment works throughout the world, so it's a national award recognized throughout the world in our industry. Jon Pratt, our own North Water Reclamation Facility Manager, has been and continues to be an outstanding leader in the wastewater industry. He has been in the field for over 20 years and recognized such by his peers. For the last four years Jon has served as chairman of the FWEA's operator challenge and has acted as the secretary, vice-chair and the Page 3 1 April 24, 2007 chairman of the Florida Water and Pollution Control Operators Association for outreach. Jon has also been an active instructor teaching all aspects of the wastewater treatment process, and he's great -- I will say better than with my Ph.D. -- in math when it comes to wastewater. Jon Pratt is truly an exemplary professional. Over the years he has given back to the wastewater industry, his community, his co-workers, our own Collier County water/sewer district. With that, Commissioner Fiala, would you please do us the honor of presenting Jon Pratt with this prestigious award. Jon? MR. PRATT: Thank you. COMMISSIONER FIALA: It is certainly my honor and great pleasure to present the William D. Hatfield Award to Jon Pratt, a dynamite guy, plant manager of the North Water Reclamation Facility for outstanding professionalism and performance. We just love your work, Jon, and love working with you. Thank you so much. (Applause.) CHAIRMAN COLETTA: Thank you very much. COMMISSIONER HALAS: Congratulations, Jon. COMMISSIONER COYLE: Jon, congratulations. Thanks for a good job. MR. MUDD: Get a picture, Jon. Get your picture. Smile for it, too, okay? COMMISSIONER FIALA: Thanks, Jon. MR.OCHS: Thank you, Jon. MR. MUDD: Thank you. (Applause.) Item #6A PUBLIC PETITION REQUEST BY TOM KILLEN TO DISCUSS RADIO SQUARE PUD AND OUTSTANDING COMMITMENTS- Page 32 April 24, 2007 PRESENTED MR. MUDD: Commissioner, that brings us to the public petition section of your agenda. The first public petition is a request by Tom Killen to discuss the Radio Square PUD and outstanding commitments. MR. KILLEN: Good morning. My name is Tom Killen, for the record. Been a practicing architect here in Collier County for more than 25 years. And in October of 2003 I modified the Radio Square PUD for the Elks Lodge. We primarily attempted to soften some minor requirements to help the Elks sell their property to a developer, which has been done. This tract was restricted to office buildings only, which we maintain. But in the last review, the traffic department insisted on two modifications to the PUD. The first was they required an arterial street-lighting level at the entrance off Radio Road. Secondly, they required a six-foot-wide walkway, the entire -- down the entire east property line. I asked where it was going, and I was told the property behind the Elks was to install a sidewalk, which would connect with that, but that never happened. Staff has been very helpful in helping us try to get these things resolved. Now I've given you a little packet here. First page, that's the building that has been constructed in that location, and second page is -- the third page is the request, and then next following two pages are just how the PUD would be modified. Then the next site plan is actually a reduction of the SDP that was issued for this project. If you noticed, the upper left-hand side, you can't read it. This is too small, but there's a very large drainage catch basin at that location. The next page is an aerial from the county tax records. That Page 33 April 24, 2007 gives you a little better picture of what's there. And the next page is, as far as light level, that's the Elks illuminated sign at the front of the property on the main drive that comes in. I took my homemade little light gauge out one evening and tried to get a lighting level. I came up somewhere a little over two-foot candles as best I could figure out with my little machine, but it's kind of a -- it's kind of a misnomer because the Elks Club sign is illuminated at night, and I'm standing there at the location that the level is supposed to be around three foot candles, and that's where the sign is. So it has good identity at night. I don't think there's a problem. The other thing that they asked for is a sidewalk from Radio up to the -- up to the Elks Lodge on this particular side of the street. Now, the next two photographs show why it's very difficult to put a sidewalk there. The next page shows from the driveway into this office building, back to the Elks Lodge. And the following -- following picture shows from the driveway out to -- excuse me -- I'm going backward. Yeah, the following goes from the driveway up to Radio Road, the sidewalk out front. And there's so many backflow preventers and other devices, fire and so forth, that it makes it almost impossible to put a sidewalk in these locations. The next page shows the sidewalk that was installed back to the back -- right to the end of the office building property. The last picture shows the large culvert that's approximately halfway back between this building and the property in the rear. That would be the entire east property line. It's impossible to put a sidewalk there, and I was told that whatever we put, the sidewalk would have to be inside of a right-of-way, so the right-of-way would have to be moved over onto the Elks property almost into their retention lake, which creates a great hardship for the Elks Lodge and actually makes no sense. Page 34 April 24, 2007 What we'd prefer to do is to cross over at the end of the sidewalk that's existing, cross over Donna Street with a marked -- marked walkway, and put an approach on the opposite side so you could at least cross Donna Street at that location rather than go the full length of the property. In you have any questions, I'll be happy to answer. I'm trying to get my 10 minutes done as quickly as possible. And I know you cannot make a decision today, but this way you have a package you can review. And I think staff probably has some input also. Thank you for your time. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Yes. Mr. Killen, are you representing MK Developers? MR. KILLEN: Yes, sir. COMMISSIONER COYLE: Okay. I have a question for staff. Is this a proper way to amend a PUD? MR. KLA TZKOW: Not on the floor here at public petition. COMMISSIONER COYLE: No. I mean, certainly not right now today. But is public petition an appropriate way to amend a PUD, or does it require review by other agencies, other advisory boards? MR. KLATZKOW: This would require a full review. If they want to amend the PUD they can do that. It will be the regular process we amend PUDs. COMMISSIONER COYLE: Okay. So there's really no way of amending a PUD through a public petition process? MR. KLATZKOW: No, sir. COMMISSIONER COYLE: Okay. MR. KILLEN: I was asked to be here, so I have no idea. COMMISSIONER COYLE: Okay, all right. Okay, thank you. CHAIRMAN COLETTA: We were, too. Commissioner Henning? Page 35 April 24, 2007 COMMISSIONER HENNING: Mr. Kline (sic), you -- Mr. Kline? MS. FILSON: Killen. COMMISSIONER HENNING: Killin (sic)? I know you by your first name. I apologize. MR. KILLEN: This works too well all the time. I'm still getting used to it. COMMISSIONER HENNING: That's fine. Is that what you're asking for is to accept a future application to amend the PUD? MR. KILLEN: I'm not really sure. We met with staff, and staff recommended that we sign up and come to this meeting and make a little presentation on what -- you know, what we want to do, but I really don't know the answer, Tom. COMMISSIONER HENNING: Did you ask them why? I guess we're going to see you in the future, right? MR. KILLEN: I would think so. COMMISSIONER HENNING: Yeah. It's always a pleasure to see you anyways. MR. KILLEN: Thank you. CHAIRMAN COLETTA: Thank you for being here today. MR. KILLEN: Thank you. CHAIRMAN COLETTA: Mr. Mudd? Item #6B PUBLIC PETITION REQUEST BY JOHN SHEPARD TO DISCUSS THE COCONUT RIVER ESTATES CIVIC ASSOCIATION PROPERTY AT 2361 CLIPPER WAY - TO BE BROUGHT BACK AT THE MAY 22, 2007 BCC MEETING @4:30 P.M. TIME CERTAIN MR. MUDD: Commissioner, that brings us to our next public Page 36 April 24, 2007 petition. It's a request by John Shepard to discuss the Coconut River Estates Civic Association property at 2361 Clipper Way. MR. SHEPARD: Good morning. My name is John Shepard, for the record. I live at 2361 Clipper Way here in Naples, Florida, and I am the president of Coconut River Civic Association Estates. I'm a stay-at-home dad. I have a 10-month-old son and a four-year-old daughter, a 23-year member of the Alabama Army National Guard and currently of a United Professional Forces Fort Company up in Birmingham, Alabama. This is the outline I'll be following today. I'll start with my introduction, followed by a quick purpose. I'll give a Reader's Digest version of my overview and submit my request for petition to you. Probably skip the summary and go straight into conclusions and have some questions. First I'll orient you to our neighborhood. Everyone knows where Spanky's is. That's probably the easiest way to describe our neighborhood, and we're basically the neighborhood behind Spanky's. Some of you may not know, but our neighborhood was featured as one of the top U.S. neighborhood section Family Fun magazine in the winter edition this year, and that is a national/international magazine, and that was for our family boat-along, which we do every year. It's basically a boat parade up and down our canals. Once again, we're a nonprofit civic association. We were established back in the '70s. We have 220 residents in the neighborhood roughly . We have about half of those, 100 members, plus or minus, as members of the association. It's voluntary. It's not a mandatory association. Currently our membership's down about 15 to 20 percent due to the issues that are ongoing right now that we'll be bringing up. The acronym is CRECA. And I oriented you to the location. We are a boating community, and I'd like to take this opportunity to thank you all for what you've done as far as the boat speed limits, Page 37 April 24, 2007 because if anyone has a stake in it, we do. We are at the very end of the river, and everything that you're doing is -- make our trip out to the Gulf a little bit quicker is greatly appreciated. Once again, we have a limited budget so -- and our ability to hire lawyers and to get involved in a lot of this stuff is very limited. At the end of our budget we usually have 3-, $4,000 a year left over, and that's usually to fix a pool pump or add mulch or something like that, any capital type of improvements or maintenance on our facilities, okay. We do have amenities which include tennis courts, a heated swimming pool, we have a pavilion that can be used for free by any of the members for parties or -- you know, Boy Scouts meet there. We have a boat launch, shuffleboard court and basically a bathhouse. Two hundred forty dollars a year. That's probably the best deal in Naples, and we do have an all volunteer board. Basically when all's said and done, this is going to be the end state when this situation over, which is basically to gain your approval to recognize our property, our amenities and being in compliance with your county codes. Okay. Reader's Digest version of this. I could go on forever, but I'm short on time here. So we were initially cited for violating a code of having trailers, empty boat trailers parked there, which have been parked there for close to 25 plus, 30 years on the property, and plus some land clearing that was really Wilma cleanup damage that we -- that rolled over into 2006. We met with code enforcement and the environmental people, and basically we were told everything is okay. You know, we -- you know, we compromised, said, we'll put up a hedge line so no one sees any of the boat -- empty boat trailers, and we thought everything was okay. So we end up going back and telling the people we're going to start putting the boat trailers back, and the we get hit with another Page 38 April 24, 2007 petition, or a violation, that basically says nothing's okay. None of your amenities outside of the tennis courts have a site plan or anything like this. Now, we do have permits and COs for every item on our property except for -- except for the boat launch, which I couldn't find the CO. Myself and Robert McDaniel went down to records and went to permitting to try to hunt these documents up, like a site surveyor -- what do you call it? A -- anyway, we went to look up for those documents. And we were told that there's years of missing documents down at the records, and we don't know if there some or not, but our big thing is, why would we get a permit and CO for something that wasn't, you know, okay to use? And that's basically where we're at right now. And we have opposing interpretations by Code Enforcement and the Planning Department. It's my understanding that planning department is the only one that makes the decision on this. And so basically we're just trying to find out -- you know, we want to make everything right. We're just trying to be legal. And like I said, I've lived in the neighborhood for seven years, and I have - I don't know what these words mean, PU and this and that, but we're just doing everything we can to be right. At the same sense, you know, we're trying to deal with land codes for each different phase of the amenities that were put on the property, there's a different land code for that year or whatever, and I'm trying to sort through this, and we basically need a little help on this. And basically our request is that -- you know, that somehow you -- that we put together a team to look in to recognize our property COs as valid terms of land use, and this is based upon the possibility that those documents do exist. And plus, we've been doing this for 25 years and no one's n we've never received a complaint in 25, 30 years, as long as this property's been there, for boat trailers or any other of our amenities on the property. Page 39 April 24, 2007 We'd also like to allow our empty boat trailer parking to be continued as long as, you know, we'll be a good neighbor. You know, we'll put up a hedge line and we'll make sure that they cannot be seen from the street or anyone's back yard, and that will be at our expense. And plus, again, this could be -- it could have been permitted in the past. And you know, I was probably a kid when all this stuff was first initiated, and so I would like to ask that as a request. We can delete the third request. I've talked with Mr. Schmitt about the number 3 request. And the final request is basically the violation. We asked for an extension, but Mr. Schmitt actually told me that it has been suspended as of this time, this violation, until this situation is resolved; however, we at CRECA have not received the suspension notice. Basically in summary, I gave you an introduction to our neighborhood, stated our end state, and gave you the quick view, explained what we were -- once again, we're a working-class neighborhood, and like I say, we've been doing this for 25-plus years. We've been operating this way and never had a complaint, never had to go through this. We are getting -- I'm personally getting a little frustrated because I don't understand the system and I'm trying to understand it as best I can. But this has pretty much been ongoing since December. And just trying to get some answers and trying to be right, trying to do everything correct without it costing us a whole bunch of money and hire a whole bunch of lawyers and stuff to make this right. We provide a safe recreational environment for our neighborhood, and we also provide community service opportunities for both adults and children in the neighborhood. And as money permits, we are constantly continuing to improve property. We spent over $25,000 just to remove trees from Hurricane Wilma, and that was just to get them from where they fell out to the road and we only have a two-acre piece of property. And thanks to Page 40 April 24, 2007 Mr. Jim DeLony and Michelle Arnold of code enforcement, they coordinated a meeting between myself, Robert McDaniel, who is our property guy, and FEMA, and they were able to assist us in the actual removing debris. We still had to pay to have them cut down and brought out to there, but that was another thing I'd like to thank the commissioners for. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Yeah. Mr. Chairman, I have met with Mr. Shepard and Robert McDaniel from the association, and I've also met with the owners of one residence that have complained about the boat storage facilities there. There is a difference of opinion between our planning department and our Code Enforcement Department concerning what should be done here. It can only be resolved by the commission. I would like to ask that it be brought back and placed on the agenda for a full public hearing. I don't think it will take very long. I think we should be able to resolve it fairly quickly, particularly with Mr. Shepard's interest in putting up a hedge to screen the boat storage area. And there is no question but what the situation has changed for some of the residents there. The vegetation that previously screened the boat storage area is gone. Whether it was gone because of the hurricane or it was gone because of cleanup and some grading that was done is a matter of some debate, but the point is, it's gone. And I think if we can get the parties back here at a public hearing, we can sort it out fairly quickly and get it resolved. CHAIRMAN COLETTA: And I'll second your motion for this. But a couple of points I'd like to bring up. One, these are working people. We ought to try to plan it for a time certain later in the day so that we can have good attendance, and, two, working through your office, maybe you might be able to mitigate this dispute between the neighbors before it comes to us. COMMISSIONER COYLE: I'd be happy to do that. And as a Page 41 April 24, 2007 matter of fact, John, if you and Bob McDaniel want to get together, I'll talk with you about the results of my meeting with the other neighbors, and then we'll see if we can't resolve this. MR. SHEPARD: Yeah. We want to be good neighbors. We're not -- we're not -- like I said, the hedge line was originally planted. I'd actually told the complainant that long before the complaint was filed of our plans. And once again, we don't have a lot of money . We have the dirty dozen that gets out there on the weekend and actually puts this stuff up. In our initial meeting with code enforcement and the environmental people, we told them we would do it immediately and I also said that I would extend the personal hedge line of the complainant's immediately, but we were told by the environmental, you might want to wait till rainy season before you plant that hedge line. So this was all thought out ahead oftime, and apparently -- but it's gone this far. And like I said, we -- CHAIRMAN COLETTA: We have a motion by Commissioner Coyle and a second by myself, Commissioner Coletta. Commissioner Henning? COMMISSIONER HENNING: Just one question for Commissioner Coyle. Are you asking for this to be on a future item on 10 or 8 or 7? CHAIRMAN COLETTA: Under the county commission? COMMISSIONER HENNING: Would it be under a -- or 9? COMMISSIONER COYLE: I don't think it makes any difference, whatever is most appropriate for the -- COMMISSIONER HENNING: 16? COMMISSIONER COYLE: 16 would be good. COMMISSIONER HENNING: Okay, all right, very good. COMMISSIONER COYLE: 16, by the way, is a consent agenda which means we don't have to have any debate. If we can make -- if we can find a solution, then I can submit it as an item on the consent Page 42 April 24, 2007 agenda. And with a little bit of luck, the other commissioners will not object and it will be approved and we won't have to have a hearing. But if I cannot get a reasonable settlement between you and the complaining party, it will have to come back for a regular public hearing and debate. MR. SHEPARD: Okay. So we just like maybe get with your office and set up and appointment? COMMISSIONER COYLE: Yeah. Well, no. Let my office get with you. MR. SHEPARD: That will work. COMMISSIONER COYLE: Yeah. COMMISSIONER HENNING: Thank you. CHAIRMAN COLETTA: Mr. Mudd or Mr. Weigel, any comments or questions? MR. MUDD: 22nd of May okay? COMMISSIONER COYLE: It's okay with me. MR. MUDD: The 22nd of May? There's a meeting on the 22nd of May, that's what I'm asking. MR. SHEPARD: Oh, that -- I'll make plans. MR. MUDD: Is it okay for you? MR. SHEPARD: I don't see the -- CHAIRMAN COLETTA: How does 4:30 sound? MR. SHEPARD: 4:30's just as good as any time. CHAIRMAN COLETTA: Well, towards the end of the day so the working people won't be missing a tremendous amount of time. MR. SHEPARD: Like I say, I'm a stay-at-home dad. I've got the little ones running around all day long, so -- CHAIRMAN COLETTA: Bring them along. We'd love to have them running around. MR. SHEPARD: No, you wouldn't, sir. CHAIRMAN COLETTA: Mr. Weigel, anything that you want to add to this before we go on? Page 43 April 24, 2007 MR. WEIGEL: I'd just say that we look forward to working with Mr. Coyle in regard to any further advice concerning the agenda when it comes for the 22nd. CHAIRMAN COLETTA: Thank you. Okay. So we have a motion by Commissioner Coyle, second by myself. 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. Thank you very much for being here today. MR. SHEPARD: Thank you, sir. MR. McDANIEL: Thank you. I tern #6C PUBLIC PETITION REQUEST BY RICHARD VISCUSI TO DISCUSS TREE REMOVAL ALONG THE BOUNDARY OF W AL- MART AND THE SUNRISE CONDOMINIUM COMPLEX- PRESENTED AND PETITIONER TO SPEAK WITH HIS HOA REGARDING HEDGE HEIGHT MR. MUDD: Commissioner, the next public petition is a request by Richard Viscusi to discuss tree removal along the boundary of Wal-Mart and Sunrise Condominium Complex. Page 44 April 24, 2007 MR. VISCUSI: Good morning. I'm a part-time resident at the Naples Sunrise III Condominiums. And back in the summer of2006, our whole line of trees was removed from the rear of our condominium complex. Now, this affects five buildings. Now, I understand that there's supposed to be a six-foot fence put up there, but that's not going to help the people on the second floor. These trees were removed by the county and they -- nothing has been done since then, so we are now looking -- everyone's living room is looking into Wal-Mart's parking lot, coupled with the fact that the noise from cars, horns beeping, car alarms going off, the sweeper truck and leaf blower at three to five in the morning. I mean, something's got to be done about this. And I'm just coming here for -- to find out what my rights are as a unit owner to how we're going to correct this. I know -- there were a couple of men from our condominium association. I spoke to you, Ms. Fiala. And I don't know if they brought this up. They didn't -- COMMISSIONER FIALA: No. MR. SHEPARD: So I don't know where to go from here other than taking -- looking for a lawyer to find out what my rights are. COMMISSIONER FIALA: It looks like John is here. Do you have information for, us John? MR. VLIET: Yes, ma'am. COMMISSIONER FIALA: Okay. Maybe we can hear from this gentleman, please. MR. VLIET: John Vliet, Collier County Transportation Road Maintenance Superintendent. Back in June of'06, we did go in there, it's the Palm River outfall ditch, and we started removing some Australian pine trees from the canal bank. They were creating a problem with the weir that's just to the west in the same area, with the debris, the limbs, things falling from trees. Page 45 April 24, 2007 During that time we were cleaning that outfall and taking -- removing some of those trees, we were approached by the vice-president of the condominium association. The lady's name is Janet Suberta (phonetic). She did contact us, asked us if we would remove the remaining trees along that canal bank, because apparently it was causing them a maintenance issue as well. We looked into it, asked -- pretty much advised her, we could probably go ahead and remove the rest and asked if they would plant some shrubs along that tree line that had existed, which they did do. They replaced it with some ficus hedges -- with some ficus hedges. It was necessary to do this in order to improve our drainage and keep that weir from being clogged up as well. They did vote it, their association, as well, about replacing those trees with the ficus hedge, which they agreed to do. MR. VISCUSI: That hedge has been there for a while. MR. VLIET: Yes, sir. There was a portion that was there, and there was a newer -- well, they added this existing right here. MR. VISCUSI: That doesn't help the people on the second floor of the condominiums. Those trees were all -- CHAIRMAN COLETTA: Sir, step up to the mike, please. It doesn't do any good to have a conversation over there. MR. VISCUSI: Yes. Well, there is a hedge there, but that's good for the first floor people. But the second floor people have to look at the Wal-Mart parking lot and all the noise that goes with it, not to mention the depreciated value of the condominiums. COMMISSIONER FIALA: Doesn't ficus grow pretty fast? Can't they just grow it taller? So you can ask your condominium association not to cut it down to that level, let them grow it higher to protect you. I know I've seen ficus hedges about -- CHAIRMAN COLETTA: Twenty feet and higher. COMMISSIONER FIALA: Oh, yeah, they're huge, 20 feet high. So that would protect you and -- Page 46 April 24, 2007 MR. VISCUSI: Well, they never do that. Those hedges have been there for many years. COMMISSIONER FIALA: Well, you have to talk to your condominium people who planted them, I would believe, and ask them to let it grow higher. I think this is something that you need to discuss with them. This was their decision to pull the trees out. It was their decision to plant the ficus, and it was -- it's been their decision as to what length to cut it, so maybe you need to talk with them and suggest that they let it grow much taller. It grows very quickly. MR. VISCUSI: Well, they have someone com -- well, I don't know. I'll have to try that. But I'm sure that ain't going to work. COMMISSIONER FIALA: Well, see, sir, that's their property. Those are their trees -- MR. VISCUSI: I'll have to get somebody to go after them. COMMISSIONER FIALA: -- their bushes, and so you have to talk with them. We can't tell them what to do. MR. VISCUSI: Okay. CHAIRMAN COLETTA: But thank you for being here today. MR. VISCUSI: Thank you for having me. CHAIRMAN COLETTA: Mr. Mudd, we're going to have a 10:30 time certain. Why don't we take a short break now so we can get right back here to the people's business. MR. MUDD: Yes, sir. CHAIRMAN COLETTA: Thank you. (A brief recess was had.) CHAIRMAN COLETTA: Mr. Mudd, let's proceed with the time certain. Item # lOA RECOMMENDA nON TO APPROVE CONTRACT AMENDMENT NO.2, EXHIBIT E, FOR A GUARANTEED Page 47 April 24, 2007 MAXIMUM PRICE (GMP) OF $38,533,902 UNDER CONTRACT NO. 04-3609, "CONSTRUCTION MANAGER AT RISK SERVICES FOR THE COLLIER COUNTY EMERGENCY OPERATIONS CENTER", WITH KRAFT CONSTRUCTION COMPANY, INC. FOR THE BUILDING CONSTRUCTION PORTION OF THE EMERGENCY SERVICES COMPLEX, PROJECT 52160, FOR COMMERCIAL PAPER - RESOLUTION NOT ADOPTED: TO RETURN W/REQUEST AT A FUTURE DA TE IF NEEDED; MOTION TO APPROVE INITIAL PHASE OF CONTRACT AS DESIGNED AND TO SEND ITEM TO THE PRODUCTIVITY COMMITTEE TO WORK ON COSTS AND VALUE ENGINEERING FOR THE FINISHING DETAILS FOR THE TOTAL PROJECT - APPROVED MR. MUDD: Yes, sir. Next item is a time certain item at 10:30 a.m. It's lOA. It's a recommendation to approve contract amendment number two, Exhibit E, for the guaranteed maximum price of $38,533,902 under contract number 04-3609, Construction Manager at Risk Services for the Collier County Emergency Operations Center with Kraft Construction Company, Inc., for the building construction portion of the Emergency Services Complex, project 52160. And I believe Mr. Ron Hovell, your Senior Project Manager over at your Facilities Department, will present. MR. HOVELL: Good morning. For the record, Ron Hovell, Principal Project Manager in the Facilities Management Department. I can go through a short presentation here to familiarize you with what we're proposing and then answer any questions you might have. Just a quick history. This project's been under design since June of 2003. The board changed the site location to Lely Resort in September, 2005. The construction manager, Kraft Construction, was selected in March of 2004. The Site Development Plan was submitted last summer and approved in November. Page 48 April 24, 2007 The building permit was submitted back in October, and that's still pending, but the site work guaranteed maximum price proposal per Kraft Construction to get started on, the work was approved in December, and the site work is over 50 percent complete at this point. As far as the guaranteed maximum price review, we initially received a proposal of just over $44 million. We obtained copies of all the subcontract bids along with the direct costs and took a close look at that, because the price with the full furniture, fixtures and equipment budget, we were going to be over the currently approved budget. After a thorough review, 20 items were selected. Just some highlights, changing the off-site pre-cast concrete wall panels were changed to site casts, saving over a million dollars and three months off the schedule, and the purchase of some large equipment, such as the two 2,500 K W generators were pulled out, and we also changed the project funding for the furniture, fixtures and equipment. And with the exception of those things specific to the emergency operations center, we predominantly have told the occupants that they're either going to move their furniture that they currently have with them or make other arrangements outside of the project budget, much like we've done for the courthouse annex. And, therefore, the bottom line is -- for the GMP proposal amount is now about $38 and a half million; therefore, the total project estimate, taking into account those numbers I just provided, is basically $55.6 million. And I can get into some of those details if you'd like. And on the funding side, we're anticipating coming forward here in the next board meeting or two asking for about $3 million in revenue to be recognized as part of the state grant for the EOC. That would bring the funding to roughly $55.6 million, and basically we would have an on-budget project. Therefore, the bottom-line recommendation is that you approve Page 49 April 24, 2007 the $38,533,902 amendment number two with Kraft Construction and authorize the issuance of a commercial paper loan in the amount of $8,169,000 as was always envisioned as part of the project funding. CHAIRMAN COLETTA: Okay. Commissioner Henning, then Commissioner Coy Ie. COMMISSIONER HENNING: Mr. Hovell, are you saying that you can purchase a generator cheaper than what was in the bid? MR. HOVELL: We feel that by the time a subcontractor provides a proposal through Kraft Construction, they've obviously got their markup on it, then Kraft gets their markup on top of that, and by direct procuring those very large items from a price tag point of view -- and it's only two items -- it's something that we felt that we could handle and save some money on, yes. COMMISSIONER HENNING: Okay. MR. MUDD: Plus you get an exemption from the sales tax; is that correct, sir? MR. HOVELL: Sales tax as well. COMMISSIONER HENNING: Wasn't these Kraft contracts as exempt, sales tax exception? MR. HOVELL: Ifwe -- if we exercise this 38 million and a half contract amendment, some of the items will still be procured under the direct material purchase program, and we will avoid sales tax on those, and that will be a savings back to the project budget to potentially cover any other changes that might come up. But these generators, it's not just sales tax. It's also the markups of both the subs and Kraft that, when you're talking about well over a million dollars just for those generators, the money adds up pretty quick. You start talking 5 and 10 percent here and there. COMMISSIONER HENNING: Okay. So this will be a change order in the future, correct, for the generators? MR. HOVELL: No, the way that -- COMMISSIONER HENNING: It will be a separate item? Page 50 April 24, 2007 MR. HOVELL: We'll just -- the way the contract amendment's written is that it will be owner provided, so we'll go through a process to procure the generators and provide them to Kraft Construction, is the way it's currently envisioned. COMMISSIONER HENNING: So this will be an additional cost for the project? MR. HOVELL: Right. And I do want to point out that that $1.8 million line about a little more than halfway down on this list, it does recognize that in the total project estimate. Those costs will be part of the project costs, just not through Kraft Construction. COMMISSIONER HENNING: The -- on the site work we already approved, correct? MR. HOVELL: Yes, sir. COMMISSIONER HENNING: Okay. The -- what about the land cost? Is that included into this? MR. HOVELL: There were no land costs for that 20 acres. Those 20 acres were somehow provided to the county as part of -- COMMISSIONER HENNING: Okay. MR. HOVELL: -- a settlement agreement, I believe it was. COMMISSIONER HENNING: What is the cost per square foot? MR. HOVELL: I think if we were to divide the 55.6 million by the roughly 130,000 square feet, I think we'd find that it's over $500 a square foot. COMMISSIONER HENNING: Okay. That's -- I guess that's what concerns me. If this is what we're going to be doing in the future with our buildings, you know, it's -- it's never ending. And at the floor levels, did I see that one floor level is actually two? It's not? I think it was the EOC operations and the 911 operations that actually went up more than one story. MR. HOVELL: There are members from both the design team and the construction team here if you really want to get into some of Page 51 April 24, 2007 the details, but my general recollection is one or two ofthe floors does have some open space, much like if you go into building H and go up onto the second floor, you can look down onto that first floor lobby. There's, in essence, a hole in the floor. There's the same type of thing in this EOC. COMMISSIONER HENNING: In the lobby area, where the stairs are and all that? MR. HOVELL: Over in building H, yes, sir. COMMISSIONER HENNING: This one, is it really necessary to have that open area for the 911 center and the EOC operations? MR. HOVELL: I'd have to ask one of the operators who understands why it's laid out the way it is from a site visualization point of view. CHAIRMAN COLETTA: Okay. I'd like to get that answered. But also, the board doesn't approve plans, correct? We hire contractors but we never see the plans? MR. HOVELL: That's my understanding that there's no requirement to bring plans forward to the board, you're right, sir. COMMISSIONER HENNING: Okay. So, in essence, if the plans, i.e., Golden Gate Library, are not to the liking of the public or the board, we don't have any choice to amend that unless that is brought to our attention. That's what concerns me. MR. HOVELL: I can't argue your point, sir. I'll just remind you that in this particular case the design was completed long ago. The only thing we were directed to do was site adapt that design to a new site, which is what we've done. MR. von RINTELN: Commissioner, for the record, Jim von Rinteln with the Emergency Management Department. I could speak to the EOC portion and the mezzanine design, the high ceilings with the EOC, and that's a design component that is considered optimum for an EOC because of the large number of people and the need to be able to see what's going on up front on the display, an information Page 52 April 24, 2007 component. COMMISSIONER HENNING: How high are the ceilings? MR. von RINTELN: I think they're in the neighborhood of about 20 feet for the -- both the 911 center and the EOC. COMMISSIONER HENNING: 20 feet? MR. von RINTELN: Yes, two floors. COMMISSIONER HENNING: Yeah, two stories. So we'd be able to see screens like this on our walls here? MR. von RINTELN: And larger. There's a large rear projection so you could put briefing information and so forth. COMMISSIONER HENNING: Okay. Thank you. CHAIRMAN COLETTA: Thank you. Commissioner Coyle? COMMISSIONER COYLE: Mr. Chairman, I have a series of questions that I need to go through on some items. I think I share the same concern Commissioner Henning shares, is that I want to make sure we're spending taxpayers' money on a functional design and not a taj mahal, so I'm going to go through a number of cost elements and ask for a brief explanation. The first one has to do with -- and this is on page 13 of 43. Systems and communications cost of$3 and a half million. Can you tell me very briefly what that includes? MR. HOVELL: I can tell you in general that the project includes a monopole communications tower that's roughly 175 feet tall. I believe there's a number of communications systems that go on top of that. I know John Daly from our communication section is here if you want to get into some of the specifics about which radio systems are actually riding on that, but I'm pretty sure that's the predominance of it is related to that large tower and whatever antennas and whatnot go on it. COMMISSIONER COYLE: Okay. MR. MUDD: Mr. Daly, please come forward. COMMISSIONER FIALA: You said 13 of48? Page 53 April 24, 2007 COMMISSIONER COYLE: Yeah, page 13. COMMISSIONER HENNING: I got it for you. COMMISSIONER FIALA: Okay. Thank you. COMMISSIONER COYLE: 13 of 48, yeah. It's the last item there, systems and communications, $3 and a half million. As I understand it, you've already taken out radios that would be acquired under a different budget item. So what is this cost? MR. DALY: John Daly, telecommunications manager for the IT department. I'm not sure what makes up that whole 3 and a half million. I believe the monopole was approximately a half a million. I would have to go back to the design team on that. MR. von RINTELN: That's correct. MR. DALY: That's correct. As for what else was in that 3 and a half million. MR. von RINTELN: Jim von Rinteln with Emergency Management Department for the record. My familiarity is really with the emergency operations center component, and there's, of course, 911, there's some IT backup systems. There is a number of radios in communication that are -- have to do with the public safety system. Some of it is with the sheriffs department as well as with the emergency communications for the EOC, which are the radio room that you see down in the first floor now. COMMISSIONER COYLE. Yeah, I understand that, but we're doing that now. So we've got communications equipment now. Is it going to be junked or is it going to be transferred out there and just connected? So, you know, where is the other $3 million going? MR. von RINTELN: There's a combination of new equipment and equipment that is usable out into the future that will be going along. I do believe that 3 million, though is part of the 800 system. MR. HOVELL: I checked with Kraft Construction. That line item includes the internal cable TV system as well as the building automation and security systems that feed back here to this complex. Page 54 April 24, 2007 CHAIRMAN COLETTA: Okay. Commissioner-- COMMISSIONER COYLE: I still have a number of items. CHAIRMAN COLETTA: Go right ahead, sir. I didn't mean to interrupt you. COMMISSIONER COYLE: Yeah. Ifwe go to page 18 of 48, water, storm and sewer, water wells are not included, water treatment for wells are not included. What is the significance of that? MR. HOVELL: On the civil drawings there were some references to those items, and Kraft wanted to make sure it was clear that those had not been further specified on our part, nor was it intended that they be included, so they just wanted to make sure we're aware that if there was a vision that we were going to have a nonpublic water supply, you know, a building-specific water supply, that that was not something that they were providing in the current contract. COMMISSIONER COYLE: Are we going to have a building-specific water supply? Is that going to be an add-on later on? MR. HOVELL: I would have to defer to Jim -- MR. von RINTELN: No. MR. HOVELL: -- but I don't -- I don't believe so. COMMISSIONER COYLE: Okay. We are talking about, on page 20 of 48, a granite inlay of Collier County. I presume that is nothing more than just an emblem of some kind? MR. HOVELL: Yes, sir. COMMISSIONER COYLE: Okay. Page 22 of 48 we're talking about operable decorative gates, fixed decorative gates, ornamental fencing. That entire package is almost a half a million dollars. What kind of ornamental gates and fencing are we really talking about here? MR. HOVELL: Well, there's a fence around the entire ESC part of the site, which actually was one of the 20 items that we reduced the cost on by changing from -- I believe it was originally specified to be aluminum -- to a galvanized steel to reduce the cost. There's also Page 55 April 24, 2007 gates into the parking lot that -- and there was also originally some type of -- I'm trying to think how to say it, built from the ground up type of security kiosk that's now going to be a prefab kiosk. COMMISSIONER COYLE: I guess I'm more concerned with the decorative gate classification. How decorative are these gates? MR. HOVELL: Part of the design option, or one of the alternatives that we selected, was the alternate four to do aluminum fence and gates in lieu of steel -- I'm sorry, I had it the wrong way -- reducing the price by just over $100,000. COMMISSIONER COYLE: Okay. MR. MUDD: Do you have a visual of what the gate looks like or the fence looks like? MR. HOVELL: No, sir, not handy. COMMISSIONER COYLE: Have you evaluated different styles of gates from a standpoint of determining how much it costs? MR. HOVELL: Part of that $115,000 savings was also changing from ornamental to just standard, I'll call it, you know, kind of like the picket straight rail. COMMISSIONER COYLE: And that applies to the gates and the fence itself, both? MR. HOVELL: Whatever used to be ornamental is now much more plain, yes, sir. COMMISSIONER COYLE: Okay. On page 23 of 48, we have wood wall coverings, chair rail, crown moldings. Don't know how much that costs. It's included in package 6A, which is $352,000, but there's a lot of wood trim here. Is that necessary for the utility of the building? MR. HOVELL: I'm not sure where that's specified. COMMISSIONER COYLE: I'm not either. MR. HOVELL: Maybe the architect wants to answer that one. MR. CORDOVA: My name is Al Cordova with Harvard Jolly and project architect for the project. The chair rail was specified in the Page 56 April 24, 2007 corridors. And as I understand it, that's been removed. Yeah, that wood trim has been removed. COMMISSIONER COYLE: And the crown molding? MR. CORDOVA: Also been removed. COMMISSIONER COYLE: And the wood wall coverings? MR. CORDOVA: That's all in that package. COMMISSIONER COYLE: All of that has been removed? MR. CORDOVA: Yes, sir. COMMISSIONER COYLE: Thank you. Marble sills. Is that for all windows, for putting in marble sills for all windows? MR. CORDOVA: I believe that's still in the -- that is still in the project, but that's standard for a windowsill. COMMISSIONER COYLE: Well, marble sill is not standard. Cultured marble could very well be standard, but if you're talking about real marble sills, you're talking about a lot of money for windowsills. MR. CORDOVA: It has been changed to cultured marble. COMMISSIONER COYLE: Okay, thank you. And fire protection. We have almost three-quarters of a million dollars for fire protection. That is more than the entire plumbing budget for the building, as I understand it. Plumbing is priced at 691,000, and the sprinkler system is priced at $740,000. Why is that? MR. TOOFA: Pete Toofa (phonetic) with Kraft Construction. The sprinkler system is actually more expensive than the plumbing because of the dry system and the technology that we are covering. A good, actually more than half of that $700,000 figure, is the dry sprinkler system to protect the equipment that you have in the building. COMMISSIONER COYLE: You're talking about halon or other fire suppression -- MR. TOOFA: Yes, sir. COMMISSIONER COYLE: -- equipment? That's a lot of Page 57 April 24, 2007 money. TV studio and light grid wiring and fixtures. What kind of TV studio are we talking about? Is it going to be separate from the one we have here? Are we going to have two TV studios now? MR. von RlNTELN: Commissioner, Jim von Rinteln with the Emergency Management Department again. I think because I've been with the project the longest, I can answer some of these questions. That is the replacement for the studio that's downstairs, and this is the envisioned new studio for Collier County. So it is a replacement for what is down on the first floor. COMMISSIONER COYLE: And about what is -- what are we going to do as far as servicing this particular building is concerned, and which is more important from a TV standpoint? MR. von RINTELN: I think I'd defer to that department for the answer to that, but my understanding was that for the next two years we'll be utilizing the equipment on the first floor here and then they're going to transition into that area with a newer facility at that point. COMMISSIONER COYLE: Is that included in their budget for this next year? MR. von RINTELN: It would be for two years, and that's my understanding. COMMISSIONER COYLE: I'm still a little concerned about how it impacts the television operations for this particular room and how responsive it will be if it's located some distance away. MR. MILLER: Yeah. Commissioners, Troy Miller. I'm your Manager of Television Operations. We basically don't have a television studio now. We have a kind of makeshift on the first floor. And as most of you know, you've come either to a couple independent businesses here in town in their television studios to do some of our programming. It actually will have no impact in what we do in this room and how we broadcast meetings. It's more meant to internalize some of the things that we're doing external now and will be cost savings in that area. Page 58 April 24, 2007 COMMISSIONER COYLE: Are we going to duplicate equipment? Is equipment going to remain here? MR. MILLER: All equipment that's here will remain here except for our post production editing equipment that we have that will transition to that building, and there will be new equipment added at a later point in time, yes. COMMISSIONER COYLE: So we'll have duplicate equipment to some extent? MR. MILLER: To a little extent, yes. Not the same kind of -- I mean, the cameras we have here are very fixed and specialized cameras for this room, so it would be a different kind of equipment than that. COMMISSIONER COYLE: How much money is being spent on the TV studio at the new building? MR. HOVELL: Other than the physical room itself, the equipment is no longer in the project budget. That was one of the things that will now be left up to the public information office to budget at whatever time they feel is appropriate within their normal budget to buy that new equipment. So there is -- all's we're building is the floor space. COMMISSIONER COYLE: But you don't have a price for that. So three-quarter of million dollars just to build the place? MR. HOVELL: Well, it would be -- I was -- they were telling me it's $700,000 worth of equipment, but that's not what we're talking about. Whatever the square foot -- square footage of that TV studio is times the -- you know, approximate square footage, cost of the building, would be that cost. Unfortunately, I don't know the square foot size. COMMISSIONER COYLE: And we're going to have audiovisual systems again under package 17 A. I have no idea what that's going to cost, but it's included in the package that's worth $3.5 million, and 20 motorized recessed projection screens. We're going to Page 59 April 24, 2007 have a lot of people watching movies over there, I guess; is that what it is? MR. HOVELL: Well, part of the audiovisual systems in package 17 A is the security, the opposite end of the cameras, the viewing screens for those security cameras. It's those audiovisual systems. There's also -- I don't know how it relates to the EOC operational displays, if those are in that same 17 A package; do you know? MR. von RINTELN: Jim von Rinteln, again, with the Emergency Management Department. Within the building there -- of course, there are a number of departments and offices and functions. The EOC portion, within a couple of the conference rooms, there are projection screens. I believe a couple of them are motorized. You also have the entire EMS training facility that will be transferred there. Those all have a number of screens and projectors. Within the 911 and the sheriffs substation and the sheriffs working areas, there are some screens, as well as throughout the many functions of the building. So while it sounds like a lot of screens, there are a number of functions going on in the building as well. So we did look at all those and we went through and looked for cost savings, and those were items that we looked at. Each department was asked to go through and verify that that's what they needed, and that was accomplished. Back to the studio though, I do want to mention that part of that studio function is in an emergency to be able to broadcast emergency information from the emergency operations center as well as to support the press area which is adjacent to the EOC. So I just want to point that out. COMMISSIONER COYLE: I just want you to understand that I've been in some very, very sophisticated emergency operations centers in my lifetime and I have functioned in them. I have never, never ever seen one with 20 screens, okay? And that includes emergency operations centers that were designed to monitor Page 60 April 24, 2007 worldwide operations of a military nature. MR. von RINTELN: And to be clear, Commissioner, there are very few of those screens in the actual emergency operations center. They really are in the majority of the other spaces in the building. COMMISSIONER COYLE: Okay. I've asked a number of questions. I don't think I've gotten all that many good answers. I don't think this project has been value engineered at all. I would really love for the Productivity Committee to take a look at this and to determine what we can do to reduce the cost. I think the cost is excessive, and I think we are building a monument rather than a building that will serve its primary purpose, and I just can't support it. CHAIRMAN COLETTA: Thank you, Commissioner Coyle. Commissioner Fiala, then Commissioner Halas, then back to Commissioner Henning. COMMISSIONER FIALA: Yes, thank you. I had a couple more that I was concerned with, but I was glad to see that you took out the interlocking pavers and then -- but then you put in stamped concrete. And what it looks like is, when we started to build -- to plan this, we said, we want the very best, the Rolls Royce of any emergency operations center we could have. Shoot for the stars. And then -- and then -- and, of course, none of us are allowed to go in there. I mean, this is just -- it's off limits to any citizens at all, yet when we're building a library, we haven't enough money to do many of the things in the library because we can't -- you know, we don't have the money for that, and it's interesting, that's where our citizens and our taxpayers go. We have to cut short on those things and yet, where they cannot attend, where we were doing -- we were doing brick pavers and we were doing wood wall coverings and so many things, then I thought, gee, you know, I wonder how cost effective we're building this. So I went about trying to ask a couple of questions, and one of them was, I wanted to know what adjustments -- I'm sorry -- what Page 61 April 24, 2007 have you put through the -- what have they put through the value engineering that the Productivity recommended, Productivity Committee recommended? Excuse me. I mean, what value engineering did you do to -- have you taken all of the Productivity Committee value engineering suggestions? MR. HOVELL: Ma'am, value engineering is normally done in the design development process. Usually at 30 to 60 percent design you can make some significant changes and really change the potential price of the project. This project was designed a year and a half, two years ago. All we were told was to site adapt it to a new location. It's been in permitting and whatnot based on the current design for some time. Ifwe were to have taken the relatively recent recommendation to have all projects go back through value engineering, you know, we could have done that, but it would have delayed the project, you know, probably a year or more while we didn't turn in the building permit applications and went through that process. The recent effort that we just went through to try and bring this project in within budget was basically to take things, you know, if it was aluminum or steel and, you know, switch it to something, vice versa, but to still predominantly maintain the look of the building and not change anything significantly enough that we would have to go back through a permitting process, in all honesty. COMMISSIONER FIALA: Let me say, I think that all of us agree we need an emergency operations center. We're all behind it. We also agree that it should be cost effective, that this emergency center costs one and a halftimes more than the overpass is costing, and -- so, you know, it makes one think, aren't there any cost effective measures that we should be adding to it? I think Commissioner Coyle asked some great questions. I just-- I'm worried about that as well. I'm just n I'm just worried that maybe -- maybe we haven't tried to cut some of the corners. Maybe we don't Page 62 April 24, 2007 need to build a Rolls Royce. Maybe it should just be a Cadillac. MR. HOVELL: I'm not arguing your point at all, ma'am. I just want to point out that however we got where we got, we were directed to site adapt the original design to the location. We were under pressure to get this project going, so we came forward in December with only the site work portion because of the permitting related to the building. It was still a little bit up in the air. That was approved. Kraft Construction's now mobilized out on site, and they're expecting to go to work on the building here in about the next month. COMMISSIONER FIALA: And that's wonderful. I think it's just the reason maybe we're a little bit aghast is, we haven't seen any of this before. I mean, it's great that everybody's approved it behind the scenes, but we've never seen it, and we're the ones that have to answer to the taxpayers. MR. HOVELL: I understand. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: My understanding, that the Productivity Committee did go through this building when it was being proposed; am I correct? They didn't? I thought -- MR. HOVELL: Not to my knowledge. COMMISSIONER HALAS: Okay. I thought -- I was under the impression that they basically went through this program and looked at the cost of this thing, but maybe I stand to be corrected. The EOC that we presently have, when was that designed and what was the population that that EOC can really handle? When I say population, I'm talking about the population of the county here. MR. von RINTELN: Jim von Rinteln, for the record. That was long before my time, and I've been here for 10 years. It was initially a civil defense office that, I think, what the director's office is currently, it then slowly expanded into the space that is there now over the years. But for the last 10 years that I've been with the county, it's been about the 900 square feet that it currently is, so -- Page 63 April 24, 2007 COMMISSIONER HALAS: We're at 900 square feet down there roughly, right? MR. von RINTELN: Approximately. COMMISSIONER HALAS: Okay. The building that we presently are discussing here, what is the life expectancy before we would outgrow that building? MR. von RINTELN: I'm not sure I'm the person to answer that. From an EOC perspective, we've probably outgrown it several years, okay. COMMISSIONER HALAS: No, no. I'm talking about the new building that we're building. What is your life expectancy of that particular building with the buildout of people that we're anticipating that are going to be here in Collier County? MR. VON RINTELN: Well, it will take care of the needs from an EOC perspective for the foreseeable future through the buildout, as far as the EOC portion of the building goes. COMMISSIONER HALAS: Okay. The other question I have-- I know they had a question in regard to the amount of money that was being spent on communications. I believe this is all the internal wiring and so on, and I believe it's to also accommodate the 911 phone exchange; is that correct? MR. DALY: What was the question? MR. von RINTELN: Communications and how -- MR. DALY: Yeah. The plan is that the 911 -- the existing 911 center, which handles answering 911 calls and covers the public safety dispatch component of the sheriffs office communications center would move to that location. COMMISSIONER HALAS: They would be moving to that location; is that correct? MR. DALY: Yes. COMMISSIONER HALAS: Okay. And what would be -- how many people would be used to support that, and also, are we looking Page 64 April 24, 2007 at the build-out of this county, and will we have the necessary room within the confines of this building to expands the operations -- MR. DALY: Yeah. This-- COMMISSIONER HALAS: -- to meet the needs? MR. DALY: -- center is built to hold more, both phone intake consoles and dispatch consoles than the current room does. The current room is at capacity. COMMISSIONER HALAS: Okay. MR. DALY: And your question how many people, I believe communication has a staff of about 75, with probably 20 or so on shift at a time. COMMISSIONER HALAS: Okay. I think we probably have some public speakers on this item today? CHAIRMAN COLETTA: We do, but we're going to finish with the commissioners. COMMISSIONER HALAS: All right. I guess my concern is where we are today with the EOC that we have. It's functioned very well, but I'm very concerned about where we're going in the future and what we need to look at as far as in the future for protecting the citizens here in Collier County. I understand that there is a little bit of fluff and buff to this, but I think it helps accommodate the news media in case we do have a windy event, and I think it's also advantageous that we have, my thoughts, a TV studio there because we'll be self-powered. And if we do have an occasion where we have total power outages, there's a lot of people that are now putting generators in their homes, so hopefully we can give them adequate information, both audio and visual, in regards to what's taking place in the community. I think communications is the utmost thing to make sure that we get information out as quick as possible and as accurate. So I'm hoping that we can get some further justification in regards to the cost of communications and what really needs to be Page 65 April 24, 2007 handled here. I think also visual information ofthe people that are working in this building, my understanding; it's four stories high, is that correct? MR. HOVELL: Yes, sir, four stories. COMMISSIONER HALAS: And maybe we can have also a quick breakdown of the different departments that are going to be in that building so somebody has -- so we have a basic visual or we can visualize exactly what this office space is going to be used for, how it's going to be utilized in an everyday manner and also in a situation in -- where we have an emergency. So I think that's important that we may find out that kind of information, who's going to be there on a daily basis, will the public be able to ingress and egress out of this building when we're not under a situation of an emergency. CHAIRMAN COLETTA: Now I'm going to take a turn since every commissioner has had one turn. COMMISSIONER HALAS: Well, I've got some questions here that -- CHAIRMAN COLETTA: Oh, fine. COMMISSIONER FIALA: He was just going to answer that question. MR. HOVELL: It would take a few months to get the floor plans and whatnot available on this computer, but in general it's -- there's about 80- or 90,000 square feet of usable assignable space, and only about 10,000 of that is for the EOC. The remainder is for things like the 91 I center, the sheriffs substation, the EMS headquarters officers, which used to be in building H and are now in leased space. They're supposed to move back out ofleased space into this building. We've mentioned the television studio operations, some IT spaces, some training areas, conference rooms, et cetera. So it is a building that is more than just an EOC. There is an expectation that the public would be coming into the Page 66 April 24, 2007 building. And certainly when an event is going on then, you know, it's an entirely different group of people. But on a day-to-day basis, when we're going through the rezoning process for -- at the old site, at the Bembridge site, we had talked about how many people and the traffic and whatnot. And at the time, the projection was, on any given day, we're looking at about maybe 90 employees being in the building on any given day, and obviously there's shift work going on, too, because the sheriffs substation is around the clock when and if they move the E 911 (sic) center there, that's around the clock, what have you. So at your pleasure, sir, we can, you know, maybe take a break and come back later with those detailed floor plans and show you, but that's kind of a quick overview. CHAIRMAN COLETTA: Well, actually I was going to address my questions to Dan Summers, so if you want to use that time to pull together whatever other information you need. Dan, I think there is some facts that we need to be able to go over and also play the what-if game. First, tell us about the present situation we have with the emergency management center down here on the first floor, and why is this not a desirable location and why is it important that we, on the most expeditious date, move it. MR. SUMMERS: Commissioner, for the record, Dan Summers, Director of the Bureau of Emergency Services, Emergency Management. Just a couple of things to clear up. Number one, the Collier County Emergency Operations Center is a very storm-surge vulnerable site. It's only by luck through the last couple of storms that they have been a wind event, not a storm surge event, very atypical in the hurricane environment, and the last 11 I did in Carolina, some of those produced 13 feet of water at the shoreline. So this building is subject to failure. This emergency operations center is subject to failure. Page 67 April 24, 2007 As you know, I work with FEMA on a national level for emergency operation centers, and the square footage you have right now, roughly, would accommodate, based on civil preparedness guidance document number CPG-1 is a town for 60,000 people. We're well beyond 60,000 people, and certainly that's a municipal EOC. A small municipal EOC is what we're set up and designed for downstairs. You mentioned briefly about public egress into this building. We hold training opportunities in our emergency operations center for the general public almost on a daily basis. So we have storm -- storm watch training, we have local mitigation strategy group meetings there, et cetera. And as the team has already mentioned, if I may clarifY, EMS administration, billing, training, emergency management, 911, a sheriffs substation, the clerk's IT, the county's IT are just some of a few of the tenants in that particular building. CHAIRMAN COLETTA: No one's going to argue, Mr. Summers, this building's going to be very expensive, but then again, too, the public's welfare is worth certain expenses. It would -- at some point in time, is this a realistic cost, I mean, compared to other emergency operations centers throughout the state that they've built? MR. SUMMERS: Sir-- CHAIRMAN COLETTA: Have we got a lot of fluff in this that we should be giving serious consideration to changing it? MR. SUMMERS: Sir, I think -- the reason I think the programming should go through the way it is presented is this. Number one, you have an atypical engineered building. This is a building that's designed for category four plus wind event. We have mitigated and we are required to mitigate, in other words to elevate the posture of the buildings in order to receive some of the federal funds. We would not be eligible for the mere 3.1 million. Based on FEMA guidance were we not elevating some of the infrastructure with that building, and no doubt the elevation costs additional monies. We Page 68 April 24, 2007 realize that. The other part is wiring and infrastructure. I would bet you today in the wires that we've pulled in the EOC and the technology that we have today, which we have funded year after year after year for growth, it is a lot to bring this large of infrastructure, again, wiring, plumbing, electricity, data and those type of things, and even really almost three independent data systems that are required to be there with the 91 I center needs, what the clerks needs are and what the county needs are. So is there an enormous amount of wiring? Yes. Is this as technology -- as technologically required as a hospital would be? Yes. It's there but it is a one-time up front. Ifwe go to a shell-type building, we're just going to keep coming back and pulling wire and putting infrastructure and antennas day by day. So I easily see this functional opportunity here as a 20-year event. I do see it as Collier County being able to -- although everybody would be challenged, but this community, that's your continuity of government. And if you can handle a catastrophic category five worst-event scenario, I don't know of anybody in South Florida right now, other than Collier County with this EOC, that could survive it. Yes, we'd skip a few beats, but we could put this county back together with this robust EOC. And it's the biggest and most important tool in our tool kit. CHAIRMAN COLETTA: And if we did not build this in a timely fashion, give me an idea of the time lines. Suppose we wanted to send this back for value engineering, for other considerations, take a year and a half to be able to get to that point. What would happen? I know already they have the preparation of the site taking place. You would have to end preparation on it. Would there be issues that we'd have to deal with and money? And I know as time goes along it's going to cost more, but I don't have this all in the proper perspective. Can you -- Page 69 April 24, 2007 MR. SUMMERS: Well, your FEMA grant will go away. It is time limited. It has to be executed and it has to have draw. The state statute, Senate Bill 2171 that provided that only had an 18-month window. It was -- Collier County is poster child for that project as to where we were in design development, so you can count on that 3.5 gomg away. In terms of other static costs related to the site and fluxionary costs, I'd have to let Ron address those. CHAIRMAN COLETTA: My fear is that to delay this is going to put us to that point where we have to deal with the issue of what the state legislative body's going to do with our -- with our budget. At that point in time, the whole complexity of what has to be done is going to be changed tremendously, and this just may be put off till that point in time in the distant future, putting some of our residents at risk, or all of our residents. So I'm very, very concerned about this, from several different directions. I'm very concerned about the money we're spending. I'm very concerned about the possibility that this time element to put it off might be a disadvantage to us to be able to come back later and keep moving forward. So as we move through this discussion -- we've been at it for a while, and we're going to continue it till that point in time that we come up with a decision. Commissioner Henning, then Commissioner Coyle. COMMISSIONER HENNING: You know, I'm very concerned about some of the innuendos or direct statements that if we don't build this building, we're not going to protect the citizens in Collier County, all right. Are we going to protect the citizens of Collier County? MR. SUMMERS: Sir, you -- COMMISSIONER HENNING: Does it really matter what building you're in? MR. SUMMERS: Commissioner, you will always get 100 Page 70 April 24, 2007 percent from our organization protecting the public. It's how quickly do you want to respond? Do you want staff and the resources and the state and the federal and the non-profits to be able to act in a coordinated -- and recover in a coordinated fashion? COMMISSIONER HENNING: And you haven't done that before? MR. SUMMERS: Sir, I think we've done a very good job -- COMMISSIONER HENNING: I think you have, too. MR. SUMMERS: But we have done that without the -- without a flood impact. And you bring one foot of water onto Airport-Pulling or two foot or three foot of water, the way that flood management exacerbates a disaster response, I don't think anyone here has a good -- COMMISSIONER HENNING: Did you have an alternative site during the Wilma event? MR. SUMMERS: Yes, sir, we did. We had some-- COMMISSIONER HENNING: Okay. I don't like the way this discussion is going. We need to make good decisions for the citizens of Collier County, including the taxpayers. All right. Let -- tell me about the grant. Before grants have expired we've asked for extensions, and we have received it. Are you saying this grant, we're not going to be able to receive an extension? MR. SUMMERS: We are aware that in Senate Bill 7121, the state portion that is tied to the FEMA mitigation money that FEMA and Governor Bush negotiated had an I8-month capital project window. Now, I don't know the process for requesting an extension. I will certainly be glad to research that potential for extension. COMMISSIONER HENNING: How much of that grant have you spent today? MR. SUMMERS: None. COMMISSIONER HENNING: None. MR. SUMMERS: None. COMMISSIONER HENNING: It's just for the vertical Page 71 April 24, 2007 construction? It's not for the elevation -- MR. SUMMERS: For the EOC component, for the EOC component. It is a hybrid of issues; in other words, we are taking credit in that grant for some of the things that were part of this programming. There were some other activities in this grant that we made very, very minor changes or justified to the engineers at the state that this was reasonable in terms of meeting the grant complex -- the grant and intent. It is -- engineering-wise it is complicated. COMMISSIONER HENNING: Mr. Hovell, please explain to me in our executive summary the Kraft several pages of figures. Is that taking these off of the bid or the construction? MR. HOVELL: Can you tell me which page you're looking at, sir? COMMISSIONER HENNING: Well, it's page 16. Page 16 and it goes through 20, it looks like; 22, 23 pages. MR. HOVELL: These items are the cost estimate report from Kraft that should add up. COMMISSIONER HENNING: Okay. These are estimates for the construction and we're accepting these individual items? MR. HOVELL: I'm looking on the last page, page 23 -- on Kraft's page 23 or page 38 of your executive summary. That -- those figures add up to 38,533,902. That is your contract amendment proposal that's before you today. COMMISSIONER HENNING: Okay. So we've got a million dollars to paint drywall? A million dollars? MR. HOVELL: I'm not sure which page you're looking at, sir. COMMISSIONER HENNING: Well, we got -- I'm on page 20. No, I'm sorry. That's the air-conditioning system. I seen the -- I just had the drywall page in here. It was a million dollars. Am I wrong about that? MR. MUDD: Commissioner, if you're talking about exterior/interior, page 31 of 48, I think that's where you're at, where it Page 72 April 24, 2007 says paint drywall and it talks about the total amount of square footage to be painted. MR. HOVELL: That's square footage. MR. MUDD: That's square footage. There's over 1,053,092 square foot of drywall to be painted. MR. HOVELL: Total price is $430,000. COMMISSIONER HENNING: Okay. MR. MUDD: But everything else that's there -- COMMISSIONER HENNING: That was the square foot? MR. HOVELL: Right. COMMISSIONER HENNING: Couldn't we get a company like Verizon or something to put a tower up and get a space off of that? Do we -- is there a security issue where we couldn't request that, saving that money, half a million dollars? MR. DALY: If you could locate a commercial enterprise that wanted to site at that location, yeah, you could. But, I mean, it depends on their system design and whether that's a prime site for them. COMMISSIONER HENNING: Right. MR. DALY: But, yes, you could do that ifthere was interest. COMMISSIONER HENNING: I mean, I think that's one of the options, that we some do. And $500 a square foot is a heck of a lot of money, and if this is the preview of what we're going to be doing in the future in buildings, we will not have enough money to serve the public. And when you have a two-story, 20-foot area for -- or 911 and EOC to have 22 TV screens, what we're saying is, this room is not functional, being a lO-foot. And I can tell you what the public's going to say about this building. It's going to be taj mahal number two in Collier County. I know that we need to build it, but I can tell you that I have not seen the particulars on that, and that is very concerning because what's Page 73 April 24, 2007 driving the cost is other people's input besides the Board of Commissioners. And I'm going to have to support my colleague in trying to get these costs down in a more reasonable manner. MR. HOVELL: If! could make one correction, sir. When I went back and did the math, it's roughly $425 a square foot for this project cost. COMMISSIONER HENNING: Well, that makes me feel better, but I can't understand -- I can't understand having a 20- foot room ceiling to be able to communicate, to be able to show things on a TV screen. I mean, that's just -- not comprehensible. That isn't an auditorium and -- or amphitheater theater or the Myra Janco Daniels' Hall, you know. That's my concern. MR. SUMMERS: Commissioner, may I address that comment, please, just a little bit. One of the -- one of the things that I think is frustrating is the misconception here about what these monitor walls do. In our environment, one of the reasons that our EOC is not as efficient as it is, is that we spend time covering information that could be easily displayed and, therefore, as a result, I have to verbally convey that, I have to prepare documents, Xerox documents, send emails when I can put information on the screen that includes -- this is not about watching The Weather Channel, not whatsoever. This is now taking information, for example, maybe from the 911 center's computer-aided dispatch to tell me what resources may be available. It may be aerial photography now that I have assets from NASA that I can display. It's real-time damage assessment. It's scrolling text activity about shelters -- COMMISSIONER HENNING: You couldn't do it in this room? MR. SUMMERS: No, I can't do it in this room. I have to have continuous feed and continuous information from multiple sources. A typical EOC, we'll take Dade County. Thirty-six television monitors in the small undersized Dade County Emergency Operations Center are not watching CNN or The Weather Channel. Page 74 April 24, 2007 What you haven't seen here is that I do EOC activity by paper. The new emergency operations center will make us that much more efficient because the information will be displayed. I want information that's being displayed in the emergency operations center to be available to the sheriffs 911 center so that the dispatchers can not only see the issue at hand that the EOC is dealing with, but can apportion our public safety resources. In turn, I can see what the -- what the 911 center is putting out in terms of manpower, resources and fire trucks and EMS and law enforcement, and then I can help make EOC decisions to respond to that, so -- COMMISSIONER HENNING: And you need 20-foot ceilings for that? MR. SUMMERS: I need the ability for the -- for every working position in that room to be able to see that activity, and I have more efficiency with all the eyes looking forward looking at that activity than spreading small monitors around from different work stations. It is an issue of sight -- of vision. It's the ability from those from the dais to get back and see what -- to observe the climate of the participants in the EOC, whether there's an emergency situation. So it is part of that staired -- the line of sight is the word I'm looking for, and in terms of a classroom and a training environment that allows those multiple images to be displayed so that we don't have to gin up information that's visually available. So it is a sight where an awful lot of multi-tasking takes place. But what I do right now in the emergency operations center is I do it all with paper, and it takes time to do that, and I think this will make that operation much more efficient and let me be able to partner much better with the 911 center. Thank you. CHAIRMAN COLETTA: Okay. Ifwe may, we're going to go to Commissioner Coyle, but Commissioner Coyle, I want to get to the speakers after you. COMMISSIONER COYLE: I'll be very brief. I think for a Page 75 April 24, 2007 while there we got way, way off point. People were talking about the need for the emergency operations center and how important it was. Nobody's proposing that we not build the emergency operations center. I asked questions about projection screens, ornamental fences, wall covers, crown molding. That has nothing to do with building the building. Now, it would have been better, had we -- I think, had we gotten into the details of the design of the building. I think we might very well be beyond that point. But let's not lose our focus here. Ifwe were to ask you to take a look at the finishing details of this building and all of the equipment that you're going to put inside it and make sure that you're getting the best value for your money, that's not going to stop you from building the building. It's not going to delay you building the building. So let's sort of get over this defensive posture about -- because somebody's questioning cost and efficiency, that we're suddenly going to stop you from building a building. That's not what this is about. Now, what I would have expected, being a very experienced team here, that you would have gone through this kind of consideration at the very beginning, and we wouldn't have to be doing it here. Apparently you didn't. Value engineering is not something that is new to the concept of capital improvements. The Productivity Committee has been doing this and has been suggesting it for years. This didn't start after you began planning this building. So what I'm suggesting is that you proceed with the building construction. Should have no problems with the grant. Shouldn't affect your schedule at all, but lets get all these finish details and take a look at them and see ifthere are ways that the costs can be reduced or you can do something in a different way. And I am not going to get into the business of trying to tell you how to run an operations center, but there is a great risk of information Page 76 April 24, 2007 overload and confusion when everybody is looking at the same screens all the time. They work best when you've got a single big picture and then you echelon the action to particular teams who have a specific responsibility to take specific actions as a result of what's happening in the big picture. You've got everybody looking at all this information, and you're going to have information overload. So I would encourage you to take a look at that, but I'm not going to get into a debate about who knows better how to run an emergency operations center. That's your job, not mine. But it's something to consider. So let's get away from the idea that the emergency operations center can't be built because we're not n we're not interested in paying for decorative fences or crown molding, okay? CHAIRMAN COLETTA: Commissioner Coyle, may I make a suggestion, just some food for thought. COMMISSIONER COYLE: Okay. CHAIRMAN COLETTA: Then we're going to hear the speakers. Possibly you might want to put a hold on a certain amount of this money while it's going to review to the Productivity Committee, and then it can come back to us. Think about that between now and the time that the speakers come up before us. COMMISSIONER COYLE: I think that's a good idea. CHAIRMAN COLETTA: But I think you're on tune. It's important that we build the building, but we still need to maintain some sort of control. Call the first speaker, please. MS. FILSON: Ted Soliday. He'll be followed by Reg Buxton. MR. SOLIDAY: Thank you. CHAIRMAN COLETTA: Ted, we're going to be allowing each speaker three minutes and -- MR. SOLIDAY: I'll go even faster than that. I think you all are doing an excellent job, Mr. Chairman, Commissioners. I think -- I Page 77 April 24, 2007 really appreciate the effort that you're going through today. I like the last conclusion. I can understand the issue. First of all, I'd like to tell you that your job -- your EOC is wonderful. They do an outstanding job. You already know that. I've already seen you all in those rooms as we've been there. The Naples Airport Authority likes to work in there, we'd like to be part of it. Right now your system, it just doesn't lend itself to that. We have a tremendous difficulty in our communications with the Federal Aviation Administration and all the other agencies we have to deal with. We would like to be able to be more party to this and work with your people, and we think a new center is valuable. You said you agree with that. I'm not going to waste your time any further than that other than to, again, commend your staff and the job that they're doing and commend you all for what you're doing. Thank you. I'll answer any questions, if you have any, Commissioners. CHAIRMAN COLETTA: Thank you, Mr. Soliday. MS. FILSON: Reg Buxton. He'll be followed by Deborah Horvath. MR. BUXTON: Good morning. Reg Buxton. I wish to speak to you today as a member of the following: President elect, United Way of Collier County; vice-chair, Collier County Red Cross Regional Chapter; member of the President's Council, International College; chair of the Citizen Corps of Collier County; representative of the Collier County business community; Greater Naples Chamber of Commerce representative during emergencies to the emergency operations center. In the last month I've spent time with all these people. I've asked them one question. Do we need this building? Do we need to make the citizens of Collier County safe? And what's the cost of a human life in Collier County? Thank you. CHAIRMAN COLETTA: Thank you, sir. Page 78 April 24, 2007 MS. FILSON: Deborah Horvath. She'll be followed by Judy Nuland. MS. HORVATH: Good morning, Commissioners. Good morning, Mr. Mudd, Mr. Ochs. CHAIRMAN COLETTA: State your name for the record, please. MS. HORVATH: Deborah Horvath. I am the CEO of the American Red Cross here in Collier County. We have just been named a regional chapter covering Lee County as well effective as of July 1 st, so I will be the regional executive director. And there is no doubt we need a new emergency operations center. We've been here on many occasions standing side by side with the county trying to open shelters and run them in storm mass care and all of those other things, and we are out at the fires right now. But at any rate, I am only here to advocate for this new building. I understand you have concerns about the costs. That's not my business. I don't know anything about those. I was only here to come and support emergency management in this effort because what is downstairs is absolutely inadequate. We just have to find a better way to be able to communicate, keep the community safer, and all -- and step into the 21 st and 22nd century. You don't want to build this building and in a couple of years it's going to be inadequate again. So I understand why emergency management needs this. I know that you do. And as a member of the community and running the Red Cross, I just want to make sure that we all keep the community as safe as we possibly can. And I appreciate all of your help and your backing on this. CHAIRMAN COLETTA: Thank you. MS. HORVATH: Thank you. MS. FILSON: Judy Nuland. She'll be followed by Floyd Chapin. Page 79 April 24, 2007 MS. NULAND: Hello, Commissioners. I'm Judy Nuland and I represent Collier County Health Department and we work in concert with all of the emergency services here in Collier County, and working together in one building would only serve us better. Logistically we need the space, we need all the people together, and I appreciate your support of this project. Thank you. CHAIRMAN COLETTA: Thank you, Ms. Nuland MS. FILSON: Floyd Chapin. MR. CHAPIN: For the record, Floyd Chapin, representing Sapphire Lakes Homeowners Association, consisting of about 590 property owners and taxpayers of Collier County. We're not trying to come late into this project. We have followed this project ever since you originally proposed it on Santa Barbara, the Bembridge site. We were advocates of the site at that time. We are advocates of the site today, although it's four miles further from our homesites. This is a must-do project for Collier County. I understand your cost concerns, but I believe it's vital upon you to approve this project today. Had you done so two years ago, we wouldn't be here today worrying about additional costs. I think we've got a professional staff in the county. I think you people are doing a commendable job. I still think we must proceed efficiently and effectively and get this project done at the earliest possible date. Today is D Day, as far as we're concerned, as taxpayers of Collier County. Thank you very much. CHAIRMAN COLETTA: Thank you, Mr. Chapin. MS. FILSON: That was your final speaker, Mr. Chairman. CHAIRMAN COLETTA: Fine. Commissioner Coyle, I think that you were framing some thoughts you might want to put into a motion. COMMISSIONER COYLE: Yeah. I would suggest that we authorize the staff to proceed with the construction phase of the Page 80 April 24, 2007 project, and on a parallel track, ask the Productivity Committee to take a look at some of the finish details to determine whether or not they are essential and maybe recommend some -- make some recommendations concerning ways we might be able to reduce costs. COMMISSIONER FIALA: Second the motion. CHAIRMAN COLETTA: Okay. COMMISSIONER HENNING: Clarification? CHAIRMAN COLETTA: Commission -- motion by Commissioner Coyle and a second by Commissioner Fiala. And discussion? Seeing none -- COMMISSIONER FIALA: No, no. COMMISSIONER HENNING: Clarification. You're not saying CHAIRMAN COLETTA: Forgive me for letting me go on. It almost worked, huh? Commissioner Henning? COMMISSIONER HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yes. COMMISSIONER HENNING: You're not saying to approve the contract. It's to conditionally approve the contract? COMMISSIONER COYLE: Approve the contract for the construction phase -- initial construction phase of the contract, yeah. COMMISSIONER HENNING: Right, conditioned upon the review of -- for value engineering? COMMISSIONER COYLE: For value engineering, for those finish details that are proposed to determine ifthere are less expensive ways of achieving the same results. COMMISSIONER HENNING: For the total project? COMMISSIONER COYLE: For the total project. COMMISSIONER HENNING: Okay, great. I agree with that. I just can't comprehend needing an auditorium to conduct these events. And I could be wrong. It's just my own personal opinion. Page 81 April 24, 2007 CHAIRMAN COLETTA: Commissioner Fiala, does your second agree with that? COMMISSIONER FIALA: Yes. CHAIRMAN COLETTA: I got one question now. The value engineering. We're talking about the Productivity Committee doing this? COMMISSIONER COYLE: If they will accept the assignment. They are volunteers, so we're going to have to ask them if they'll do it. CHAIRMAN COLETTA: Okay. And if not, then we'll have to bring it back to this board to see what the next step is. COMMISSIONER COYLE: Yeah. CHAIRMAN COLETTA: Okay? COMMISSIONER COYLE: Yeah, but it should not -- it should not interfere -- CHAIRMAN COLETTA: With the construction. COMMISSIONER COYLE: -- with the ability to proceed with the construction phase. COMMISSIONER HALAS: And to be qualified for all the grants that they're -- COMMISSIONER COYLE: That's right. Once they start vertical construction, they can apply the proceeds of the grants; is that not correct? MR. HOVELL: I believe so, yes, sir. CHAIRMAN COLETTA: Do you need any further clarification on this so you don't walk away with any questions in your mind? MR. MUDD: No, but I would like to give to -- I'd like to give the commission a little bit more of a guarantee. Do not approve the commercial paper loan and make that contingent upon results of the Productivity Committee and the finished product, because that's $8 million, and then we have to come back to the board in order to talk to you about the finished product reductions and the need for this particular instrument, and I believe that gives you the guarantee that Page 82 April 24, 2007 you need as a board that that transpires. COMMISSIONER COYLE: I think that's an excellent suggestion. CHAIRMAN COLETTA: Do you include it in your motion? COMMISSIONER COYLE: Yes. COMMISSIONER FIALA: And my second. CHAIRMAN COLETTA: And your second. With that, is there anything else? Any loose ends? Any questions? I see Mr. Weigel with his hand up. MR. WEIGEL: Right, thank you. I want to make sure of the motion, again, and additionally, get confirmation from Jim and his staff there. This construction management at risk contract -- and so to the extent that the board is making alterations here relative to pricing and call it outfitting to this, my understanding is that Kraft has already agreed to these elements of pricing and outfitting at this point in time, and so that do we, in fact, have a need for Kraft to still come and agree to what is going to be potentially changed by the recommendation of the Productivity Committee coming back to the board? MR. MUDD: Yes, yes, I believe that's the case, and that will have to go through the Productivity Committee, then we're going to have to sit down with Kraft again, adjust the price schedule and come back to the board, show them what the amendment to the price schedule is, and then talk to the board about a need to do a commercial paper loan in order to cover the difference. MR. WEIGEL: So again then, the board's approval and direction today of what they are approving and directing today is not an approval of an agreement with Kraft at this point in time, correct? MR. MUDD: And I believe they're agreeing to the Kraft proposal to start working on the building as designed, the finish work is up for renegotiation, and I believe that's what the board is basically directing staff and agreeing to as far as the contract is concerned. MR. WEIGEL: Okay. The last question I have then, I think, is Page 83 April 24, 2007 in regard to design, Mr. Henning's question or concern, among others, relating to the auditorium-type effect of design that's there. If that's subject to be changed at this point based on recommendation of the Productivity Committee and affirmation of the board, I want to make sure that coming from this meeting, the understanding with Kraft is, is that that potentially may be a design change, unless I'm mistaken. COMMISSIONER HALAS: That's right. MR. WEIGEL: Is the board -- or is the board signing off on that design with merely indicating concerns? I'm a little unclear on that. CHAIRMAN COLETTA: Commissioner Coyle, you've got the floor. COMMISSIONER COYLE: Yeah. If it is -- if it results in a design change, Kraft will have to agree with that, and they will either charge us more or less based upon whatever the design change is. It would be handled just like any other change order. And we wouldn't make it if we felt it was going to be too expensive. MR. WEIGEL: Okay. I think-- COMMISSIONER COYLE: Is that not correct? Is that-- MR. MUDD: That's right, sir. MR. WEIGEL: That sounds certainly clear and understandable to us, and I expect that it will be understandable to Kraft as well. Thank you. MS. FILSON: And I have a question, too, just so that I'm clear, so that when the contract comes through, you're approving the contract with changes? COMMISSIONER HENNING: Well, potential changes. We don't know yet. CHAIRMAN COLETTA: Okay. If you've got something to say, say it. MR. HOVELL: I think there's two basic ways to approach it. One is to approve this Exhibit E with your direction that we not actually let them work on any of those finishes, which will be months Page 84 April 24, 2007 and months down the road anyway. The other possible approach would be, don't approve this Exhibit E. We'll come back at some future -- hopefully next meeting, with something changed with Kraft. But that, you know, has some risks to it. So I think what I heard you say is you're approving this Exhibit E with those restrictions of only proceed on those things that are physical to the building, the basic structure. MR. WEIGEL: Okay. COMMISSIONER COYLE: Yes. You will-- you won't expend monies until you come back to get our approval in the first place, right? I mean, you've got a budget and you've got a contract, but you're going to be getting invoices from somebody and you're going to be paying those invoices in accordance with a particular budget; is that correct? MR. HOVELL: Yes, sir. COMMISSIONER COYLE: And if those invoices exceed a certain dollar value, you're coming back and getting our approval; is that not true? MR. HOVELL: At this point the last $8 million is subject to that commercial paper loan -- COMMISSIONER COYLE: That's right. MR. HOVELL: -- so certainly we couldn't do that part without your specific approval. COMMISSIONER COYLE: That's right. So that is the thing you want to focus on. MR. HOVELL: Okay. COMMISSIONER COYLE: What would be covered under that $8 million? It should not include site preparation work. It should not include probably the beginning of the vertical construction, all those kinds of things. You've got plenty of time to deal with this issue. MR. HOVELL: Right. COMMISSIONER COYLE: It's not something that's going to Page 85 April 24, 2007 throw a monkey wrench into the plans. And we go through the change order process every day here. MR. HOVELL: And so to be clear, we'll bring this Exhibit E to the chair to sign off on and just not pay for those last pieces, and we'll make a change to hopefully decrease the price based on those finishing changes that are discussed with the Productivity Committee. COMMISSIONER COYLE: That's right. Including the issue that Commissioner Henning has brought up. You will have to make a determination if it is cost effective to make that change, okay. CHAIRMAN COLETTA: Okay. Commissioner Halas? COMMISSIONER HALAS: I just have some concerns if we go back to the architect and say, okay, we're going to make some internal changes, and if these changes relate to the structure of the building, we might find ourselves in a deeper expense here than what we're discussing today. So I think we need to make sure that we walk carefully in the direction that we're headed because this thing could end up costing us a lot more money than we're discussing today. CHAIRMAN COLETTA: My understanding of what the motion was and everything had nothing to do with the structure of the building. COMMISSIONER HALAS: If you go back for architectural design changes inside the building, there may be some additional expenses. And anytime you have a -- anytime you have a change order, you're on the clock, so -- CHAIRMAN COLETTA: Okay. COMMISSIONER COYLE: Yeah. MR. MUDD: We'll bring that back. COMMISSIONER COYLE: That's the process. You bring it back to us. If it costs more than we think it ought to cost, we won't do it. MR. MUDD: Yes, sir. CHAIRMAN COLETTA: One thing cancels the other out. Page 86 April 24, 2007 Now, Commissioner Coyle, thank you very much for that. Commissioner Henning? COMMISSIONER HENNING: Yeah. And you're absolutely right, Commissioner Halas. And when we do bring it back, then this change order item I'm concerned about bringing it to the chair without the full board hearing it. CHAIRMAN COLETTA: No, not change. COMMISSIONER HENNING: Is that what you're saying? MR. HOVELL: No, not the change order. The current contract amendment that's before you today, we're suggesting that the chair will sign off on that based on your direction but we won't actually allow Kraft to proceed with those finishes, which will be, you know, nine months, a year from now anyway, and we'll come back with a change order between now and then. COMMISSIONER HENNING: Right. This is a reduction. This item is a reduction, correct? MR. HOVELL: The future item will be. COMMISSIONER HENNING: And the commercial paper loan? MR. MUDD: Yes, sir. You're not going to approve the commercial paper loan, and that was part of this agenda item, and that basically takes $8 million off of this project. We have to come back to you, let you know what the Productivity Committee has found, what-- we'll link with the architect, we'll link with Kraft, figure out what we can agree to, bring that all back to the Board of County Commissioners and determine how much that commercial paper loan should be, ifthere needs to be one at all. COMMISSIONER HENNING: I'm okay. CHAIRMAN COLETTA: Fine. Okay. I don't see any more lights on. There's no more questions, no more comments. And with that I'm going to call the question. All those if favor, indicate by saymg aye. COMMISSIONER COYLE: Aye. Page 87 April 24, 2007 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 running against some time restraints as far as what we have made commitments for. Let's try to get the Immokalee issue done. I know we're going to be running a little bit late, unless you have some commitments out there I'm not aware of that you absolutely have to do at 12 noon. MS. FILSON: Yeah, you have a closed session. COMMISSIONER HENNING: Yeah, we've got a time certain-- CHAIRMAN COLETTA: We do. COMMISSIONER HENNING: -- for a closed session. CHAIRMAN COLETTA: We're already past it. Okay, fine. Continue, Mr. Mudd. We're going to try to move through this in an expeditious way. MR. MUDD: Commissioner, just adjourn the BCC and adjourn the CRA and switch things because we're going to -- we're going to 14, and that's the CRA -- CHAIRMAN COLETTA: Okay. I hereby surrender the gavel to the CRA chair. COMMISSIONER FIALA: Okay. The CRA board of directors will come to order. Item #14A IMMOKALEE REDEVELOPMENT ADVISORY BOARD RECOMMENDATION TO THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (CRA) TO Page 88 April 24, 2007 CONSIDER APPROVAL OF JOB DESCRIPTIONS AND REFERRAL TO THE BOARD OF COUNTY COMMISSIONERS THE RECOMMENDED FISCAL YEAR 2007-2008 BUDGET REQUEST RELATED TO THE ESTABLISHMENT OF A NEW OFFICE IN IMMOKALEE TO CONDUCT CRA AND ENTERPRISE ZONE DEVELOPMENT AGENCY FUNCTIONS AND DUTIES - APPROVED MR. MUDD: First order is 14A. This is an Immokalee Redevelopment Advisory Board recommendation to the Collier County Community Redevelopment Agency CRA to consider approval of a job description and referral to the Board of County Commissioners the recommended fiscal year 2007/2008 budget requests related to the establishment of a new office in Immokalee to conduct CRA and Enterprise Zone Development Agency functions and duties. COMMISSIONER COLETTA: If I may, I'd like to ask Mr. Thomas a question. MR. THOMAS: Yes, sir. COMMISSIONER COLETTA: Is this what you see in the summary agenda, was this agreeable by your advisory board? MR. THOMAS: Yes, sir, the budget and everything, yes, sir. COMMISSIONER COLETTA: Okay. Now, I got a question for staff regarding this contract in relation to the Bayshore Triangle CRA. Is this basically related? We're very familiar with that kind of contract. We've spent a lot of time with it. Excuse me for not speaking into the mike. I know it makes it a little difficult. The comparison between the two. In other words, the CRA contract that we hold now with the Bayshore Triangle area CRA, is this quite a bit similar to that? MR. GREENWOOD: Yes. For the record, Tom Greenwood with Comprehensive Planning. The office in Immokalee will Page 89 April 24, 2007 basically carry on the same activities that the CRA office does for Bayshore/Gateway Triangle in an advisory manner to the CRA. The only difference would be, is that there would be some activity, since there is an Enterprise Zone Development Agency advisory board there in Immokalee involving carrying out the strategy plan or strategic plan for the enterprise zone. With that said, the Enterprise Zone Development Agency is really a BCC function. So the staff coordinator of the enterprise zone would continue to be a county employee. And right now it's the director of comprehensive planning department. CHAIRMAN COLETTA: Okay. MR. MUDD: So the job description for the director and his assistant is the same as the Bayshore/Gateway Triangle one except the names have been changed to the areas they're going to support. MR. GREENWOOD: Yes, it's very similar. COMMISSIONER COLETTA: Yeah. We're very familiar with the product. And with that, I make a motion for approval. MS. FILSON: Commissioner, I have a speaker. COMMISSIONER COLETTA: Okay. We'll get to that in just a second. CHAIRMAN FIALA: Second your motion. COMMISSIONER COLETTA: I have a motion by myself, Commissioner Coletta, second by Commissioner Fiala for approval. We have one speaker? MS. FILSON: One speaker, sir. COMMISSIONER COLETTA: Okay. Would you call that speaker forward. MS. FILSON: Susi Winchell. COMMISSIONER COLETTA: I'm sorry. I'm taking back over. It's automatic. MS. WINCHELL: Good morning. For the record, my name is Susi Winchell. I am with the Economic Development Council of Page 90 April 24, 2007 Collier County. The EDC supports the county staff recommendations for the budget and the positions that are for the CRA and the EZDA. We also have committed to collocating in that facility, and we believe that establishing this office will help better communication with job recruitment and job retention projects. So thank you very much for your consideration. Have a good day. COMMISSIONER COLETTA: Thank you. Commissioner Henning. COMMISSIONER HENNING: Is all these funds coming out of the TIF? MR. THOMPSON: Not all of the funds can come out of the TIF. As Mr. -- I'm sorry. Fred Thomas. My hat is on as the chair of the CRA committee. As Mr. Greenwood just mentioned to you, that some of the activities of this office will be to serve the Enterprise Zone Development Agency. And according to a legal opinion we got, you can't use TIF funds for that. You have to use regular county funds. We used to have $150,000 in the budget, the county budget, for that program, and they haven't been doing an adequate job in the last year, so they took it out of the budget. But we need to, at some point, restore it to the budget. COMMISSIONER HENNING: Okay. Is this out of 111,01, 585,951? MR. MUDD: The CRA director would come out of their TIF funds. The enterprise zone would be a 111 budgeted-- COMMISSIONER HENNING: III? MR. MUDD: Yes, sir. COMMISSIONER HENNING: Okay. And that expense is going to continue at 85,000? MR. COHEN: For the record, Randy Cohen, Comprehensive Page 91 April 24, 2007 Planning Director. Just to clarifY the role of my department with respect to the CRA and also with regard to the enterprise zone, when the redevelopment agency was created, obviously, there were not separate executive directors. When that role gets assumed out in Immokalee, the only responsibility that my department will still have, in essence, will be to coordinate certain activities, one of those being preparing the annual report. Otherwise, the only thing that my department will be doing is something that would be along the lines, if the respective redevelopment areas were to ask for things on a fee-for-services basis. So, otherwise, our role is going to be greatly diminished. With respect to the enterprise zone, out in Immokalee, the 15 members that make up the CRA also, by resolution, make up the enterprise zone as well. My office will still function in the role of enterprise zone coordinator and do that annual report. But along those same lines, the function will be minimalized as well. So it's been taking away a tremendous amount of the responsibility out of my department and it will be moved out to Immokalee with the CRA and Mr. Thomas's organization. COMMISSIONER HENNING: Well, good for you. Now, can somebody answer my question? What's coming out of III? How much is coming out of III? Is it 85,000? MR. MUDD: I believe the $85,000 right now is coming out of the TIF funds, okay, and that gets transferred over to community development because right now they've got the staff that's working on their CRA. COMMISSIONER HENNING: Okay. MR. MUDD: Right now the enterprise zone work is not budgeted. So, Commissioner, I think it would probably be anywhere from 10- to $25,000 when it finally does get budgeted. COMMISSIONER HENNING: Okay, great. Thank you so much. You're a big help. Page 92 April 24, 2007 CHAIRMAN FIALA: Okay. Commissioner Coyle? COMMISSIONER COYLE: I'm confused. The executive summary says that there are two staff members, executive director, operations analyst and administrative assistant. That's three. I don't understand. MR. THOMAS: Okay. There's three staff job descriptions that you're looking at. COMMISSIONER COYLE: Yeah. MR. THOMAS: We're only going to initially fund two of the positions. That's the executive director and administrative assistant. COMMISSIONER COYLE: Okay. So only two of them are going to be funded. Now, I want to get back to Commissioner Henning's question. Where is the money coming from for personnel services? We have $180,000 for personnel services and a transfer, 111,of85,700. Where's the money coming from? MR. THOMAS: The first number you talked about is TIF funds. COMMISSIONER COYLE: Okay. The $180,000? MR. THOMAS: $180,000 TIF funds. COMMISSIONER COYLE: Okay. MR. THOMAS: The $85,000 is projected to support the state enterprise zone. COMMISSIONER HENNING: Oh. COMMISSIONER COYLE: Okay. MR. SCHMITT: For the record, Joe Schmitt, the Administrator for Community Development. The $85,000 is money that comes out of the TIF money that is put into the fund 111 to fund the current position they now have on staff. Effective 1 October that money will no longer be in my budget. That money will go back to the advisory board and that money will be available to pay for the executive director. The other monies to support the enterprise zone are monies that will have as to be asked for during the budget cycle. Page 93 April 24, 2007 COMMISSIONER COYLE: From what source? MR. SCHMITT: Probably, most likely, from 111. MR. MUDD: 111. And I just mentioned to you it would be anywhere from 10- to $25,000 based on the minimal support that was just relayed to the board on that particular issue. You're talking about just doing an annual -- an annual plan and having one staff member attend a meeting once in a while. That's it. COMMISSIONER COYLE: Okay. So we're going to fund two people initially, and that's going to be done for about $100,000 or so; is that about where we are? MR. MUDD: Does that -- that outfits the office, too, doesn't it? MR. THOMAS: We're looking at a total operating expense of 357,000 right now; $180,000 for the executive director and administrative assistant. That's fringe benefits. That's the whole package. COMMISSIONER COYLE: Okay. MR. THOMAS: Then you've got operating expenses, of 130- for consulting, 34- for interdepartmental payment of services, for building rent, repayment of the general fund for our impact fee deferrals, things like that. COMMISSIONER COYLE: I understand the budget, what I don't understand is the source of funds. I'm looking for -- MR. THOMAS: All of the funds that you see in this budget down here are TIF funds. COMMISSIONER COYLE: All 2.292 million? MR. THOMAS: TIF funds. COMMISSIONER COYLE: Okay. So your total approach-- MR. THOMAS: I'm looking at the -- oh, maybe I'm looking at something you're not looking at. MR. SCHMITT: On page 13 of 13 -- COMMISSIONER COYLE: Yeah. MR. SCHMITT: -- the budget outline, fund 186. That's the fund Page 94 April 24, 2007 it currently is -- that's all the TIF money in the existing account today and where the money is budgeted. Currently of that money, of 186, that's where I was getting the $85,700, and that was being rolled into 111 to pay for staff. Like I said, that will no longer come into community development. MR. MUDD: As you see in the FY-'07/08 -- I'm on page 13 of 13. MR. SCHMITT: Yes. COMMISSIONER COYLE: Yeah. MR. MUDD: Okay. You'll notice where it says transfer 111, 85,7- in '05/06, '06/07, and then it zeros out in '07/08. MR. SCHMITT: That's correct. MR. MUDD: It's gone. You go down to look at revenues. TIF funds are the delta between the base year and the appropriate year for general fund and for 111. So what you're seeing there for revenues for 001 of $71 0,800, in fund 111, $160,200 are TIF funds that are above the base year that go into their particular organization like they do any other CRA. So for clarification -- COMMISSIONER COYLE: Okay. MR. MUDD: -- there is no III support for these positions in this 186 budget. COMMISSIONER COYLE: That's what I wanted to know, okay. I got it now. COMMISSIONER FIALA: Okay. MR. SCHMITT: What Fred did say though, for the enterprise zone, he can't pay for any of those functions out of 186. MR. MUDD: He will show up with a budget -- MR. SCHMITT: And that will be in your budget. MR. MUDD: -- and add $25,000 to bring that through. MR. SCHMITT: That will be in Fred's budget, not my budget. MR. THOMAS: That will be in our budget coming to you, that budget that used to have $150,000 in it, we're going to come back, and Page 95 April 24, 2007 I think it's going to be a little more than 20- or 25,000 to help support the incentives in the state enterprise zone. COMMISSIONER COYLE: Good. CHAIRMAN FIALA: Okay. I have a motion on the floor and a second. Any further discussion? (No response.) CHAIRMAN FIALA: All those in favor, signifY by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: Very good. Next item? Item #14B IMMOKALEE MASTER PLAN AND VISIONING COMMITTEE AND LOCAL REDEVELOPMENT ADVISORY BOARD REQUEST TO THE COLLIER COUNTY REDEVELOPMENT AGENCY TO APPROVE AND FORWARD TO THE BOARD OF COUNTY COMMISSIONERS A REQUEST TO CEASE ENFORCING CERTAIN ZONING PROVISIONS IN IMMOKALEE FOR EIGHTEEN MONTHS OR UNTIL THE APPROV AL OF THE NEW MASTER PLAN AND LAND DEVELOPMENT CODES, WHICHEVER COMES FIRST - DENIED Page 96 April 24, 2007 MR. MUDD: Commissioner, that brings us to 148. This is the Immokalee Master Plan and Visioning Committee and Local Redevelopment Advisory Board request to the Collier County Redevelopment Agency to approve and forward to the Board of County Commissioners a request to cease enforcing certain zoning provisions in Immokalee for 18 months or until the approval of the new master plan and Land Development Codes, whichever comes first. This is also a companion item to lOG, which you'd have to hear as the BCC but it reads the same except you're doing the action as the Board of County Commissioners. CHAIRMAN FIALA: Are we still as the CRA now? MR. MUDD: Yes. You're still as the CRA, ma'am. CHAIRMAN FIALA: Okay, very good. MR. MUDD: The only -- this was a direct result of a letter that Mr. Thomas wrote to the Board of County Commissioners. And I'll get it. COMMISSIONER COLETTA: Mr. Thomas, go ahead. MR. THOMAS: Okay. I wrote that letter on behalf not enterprise -- not the enterprise. I'm sorry -- the Immokalee Master Plan and Visioning Committee, okay, and that's why I was a little bit confused that it came up to CRA' but it doesn't matter. We can explain everything and everything is connected anyway because the CRA is funding the activity of the Master Plan and Visioning Committee. But that's the hat I have on right now. And I want to thank you for this opportunity to tell you. I'm going to bring you fast forward up here with a little brief history to tell you how we got into this planning mess-up we happen to find ourselves in right, and where we think we can go from here. As you will remember, Immokalee has been a very resilient town responding to activities going on around it, from a small southern, black and white cat and laurel (sic) producing area to including a Page 97 April 24, 2007 transfer station for lumber going from the Carnestown, Ochopee, Copeland area, up to the northern part of the state. We grew into the commercial hub when we stopped doing business with Cuqua (phonetic) and became the commercial hub to a four-county agricultural area. And that caused a lot of growth and development. A lot of things happening in our community. In the '70s, before I came here in '86, we had a separate planning zone out in Immokalee with a separate Planning Commission trying to look at the overall growth and development of Immokalee. When I came in '86, I, shortly thereafter, became a part of your Planning Commission, and one of our first functions was the new Growth Management Plan act and working with the Growth Management Plan. And we came up with land planning, land zones, for all of the various areas in Immokalee to protect the local homeowners, the landowners that were using the land for maybe different things than what the master plan -- the then master plan was bringing forth, they put in a protection called the grand fathering clause. As long as the landowner didn't do more than a 51 percent change in the value of what's going on in the land, they could keep that existing use, which was like a legal nonconforming use. And that has been a headache for us ever since it's been put in place. Understand that Immokalee is a very unique kind of community, and we served as that agricultural hub until 1989. Between '89, the Christmas freeze, and March of'90, we went from 45 to 50 independent farmers, small independent farmers, I mean farmers that were leasing a square mile of land to harvest street crops during the winter months -- COMMISSIONER COLETTA: Excuse me, Fred. Sue, turn off the timer. Mr. Thomas is a presenter, not a speaker. COMMISSIONER HENNING: Well, let's get down to the issue. We have a closed-door session. Page 98 April 24, 2007 COMMISSIONER COLETTA: Well, no. Let Mr. Thomas finish his presentation. It's just a courtesy and then we'll get -- it will just take a short time to do it, and then we'll get into our discussion. I ask you for that courtesy for Mr. Thomas or for any other presenters that come before us today. Mr. Thomas, please proceed. MR. THOMAS: I'm sorry. I'll make it as fast as I possibly can. COMMISSIONER COLETTA: I know you will. I'll makes sure of it. MR. THOMAS: There's a lot of problems and a lot of frustration that's built up in this overall situation. I'm trying to calm down everything and let everybody see the real function of what we're trying to do. But we went from 45 farmers to three farmers overnight in that one season. Seven medium farmers to three medium-size farmers. We had to then come to you to ask for pulling the airport and putting it on a separate Airport Authority so we could begin the steps of becoming an industrial hub. We have a master plan that is very much like our master plan today with some differences, okay. Now, fast forward us to today, and there's a lot of things happening around us. And I got this map on the wall. We've got Ave Maria is down here. One of the problems we had in Immokalee for many years is that 80 percent of our schoolteachers don't live in Immokalee. Ninety percent ofretail management doesn't live in Immokalee. There's opportunities for that to change because of Ave Maria opening up the operation down here. Not only did Ave Maria open the operation down here, but the Barron Collier Company bought all of Serenoa, which is right here. And so you have a full understanding of what's going on, you've got the Big Cypress SRA right there with 28,000 rooftops in that whole operation, you've got 6,000 rooftops in Serenoa, and you've got 10,000 rooftops in Ave Maria. Page 99 April 24, 2007 They're going to have big boxes here in Serenoa, movie theaters, Wal-Marts, et cetera. When you put those movies and Wal-Marts here, that will cause more of our teachers to want to live here, because one of the reasons why a lot of our folks don't live here -- and we've got an image unnecessarily -- we have an image. Let me just take -- I've got to take the time to do this, a little diversion. When my wife and I first came here, we came from a waterfront condo less than a mile from the open bay in Tampa. My wife looked at this little town, Dollar General, Family Dollar, and said, why? But when I took her to Edison Mall and she saw how close it was, no problem. We can do this. Now, we'll have all those services now right here, okay. If that happens, when the big box goes in this Serenoa down here, that's going to drive all of our little stores on Main Street because now the guys can get on their bicycles and whatnot and go down there and buy stuff. The only saving grace that we have, folks, to keep up with the pace of things going on around us is the Seminole Casino here and making this the beginning of a tourist zone. You've got the help of the EDC to help us retrofit these folks, but we cannot do that if things are happening to force us to do things contrary to what's in our master plan. For example, over here in this area right here, we're talking about medium density residential. It happens to be, right now, folks, zoned mobile home. We've got a contractor out there trying to build two concrete block buildings, homes, with FDA support and can't do it because they're not mobile homes, even though in that neighborhood that's supposed to be a mobile home overlay, 60 percent of the buildings are concrete block or stick built, and only 40 percent are mobile homes. It's those kinds of things that are causing us problems. We've got ajunkyard -- not ajunkyard. Yeah, ajunkyard. That's what it is, out here by the airport up here, and they're being forced to make some Page 100 April 24, 2007 changes where, under the new plan, they'll be able to operate. We're just saying to you folks, since it's taking us so long to get to the process -- and understand, in order to become your industrial hub circled around this area, we're not competing with Naples, we're not competing with coastal Palm Beach County. We're competing with Lakeland, Clewiston, Highlands County, Sebring. Those folks don't have any heavy codes. They don't -- it takes you -- in Hendry County it takes you 90 days to get your -- or nine months to get your building permit. In Collier County it takes you three years without any question. We're trying to compete with those folks for industry. We should have had the Wal-Mart distribution point here, not in Wauchula because we're more centrally located in the state. And the reason why we're not getting that kind of development, because it just takes too long to do it. It just takes too much pretty to do it. I told you about the dormitory that I built that's only got half the number of men in it because of the local requirements that are good for the coast because you all can get that money back, but we can't get that money back in Immokalee. So all we're saying is find us a way. You've got a plan that's being vetted. We've been working on it for two years. Now we have to begin the process of going through the Land Development Code amendment and staff. You know, since I sent that letter to you -- I had a lot of meetings with staff and I sent you another piece yesterday to try to show how we can do it that was approved by our committee at the last meeting, because two meetings ago is when we prepared that first letter. Last meeting we came up with a new approach and trying to make it possible and flexible for people to be left alone, let them begin to stay in front of the curve so that we can make the best of our connectivity to Ave Maria, to the new Sun City Center that's coming up in Felda. You understand? Page 101 April 24, 2007 Thanks to Commissioner Halas we had good connects with Lee County and Hendry County, so our roads are going to be increased, and we're going to get four-lane roads coming into Immokalee. We're just asking, folks, stop doing things contrary to what our plan is -- that's going through the process now, our plan that has been -- it's done to the satisfaction of our citizens, who is now going through a technical review and going through the state review process. We're just trying to keep things from happening in that process that's contrary to the plan. Thank you. COMMISSIONER COLETTA: Thank you, Mr. Thomas. Let's do this. Before we go to Commissioner Coyle -- COMMISSIONER COYLE: Well, isn't Commissioner Fiala the chair? COMMISSIONER COLETTA: Oh, forgive me. It's force of habit. I'm sorry. Donna, you've got it. Just reach right over and whack me. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: You know -- you know my feeling on this, Fred. You've heard it before. We've got a process. We need to follow the process. You've done good work on an overlay. We're moving through the process. Let's wait and let's do it right. Secondly, the -- this request, according to staff -- presume it's our legal staff -- is contrary to the amendment parameters set forth in the Florida statutes. The third point is that in the areas -- other areas where we have the 51 percent limitation, it's done for a very good reason. It's done because FEMA requires it. You don't get -- you don't get favorable flood insurance treatment from FEMA if you don't adhere to that particular regulation. It is a -- by adhering to the regulation, it requires that we upgrade older buildings, and that's the only way you get them out of the floodplain sometimes. Now, I don't know how many of yours are in the floodplain, but I know what the 51 percent is. Page 102 April 24, 2007 MR. THOMAS: None of ours are in the floodplain, sir. COMMISSIONER COYLE: But the point is that we've got a process. There's no way in the world you'd ever have gotten that Wal- Mart in Wauchula. They're much closer to the 1-75 than Immokalee, and it's going to be years before you get a four- or six-lane highway to Immokalee. No, none of these regulations would have affected that situation. And as far as maintaining character, Arcadia has some beautiful architecture there that is not atypical of central Florida. There are beautiful Victorian homes there. You don't have to have concrete block homes in Immokalee to retain it as a historical area. I just think it's premature. Immokalee is doing wonderfully with your help and the help of the other people who have been leaders in the community out there. You're making great progress. How we can -- we can now say that you're going to fail unless we suspend enforcement of zoning action is beyond my imagination. I just can't imagine why we'd want to do that. So I would make a recommendation of disapproval. COMMISSIONER HALAS: Second. MR. THOMAS: Sir, sir? Commissioner Coyle? CHAIRMAN FIALA: I have a motion -- excuse me. I have a motion on the floor by Commissioner Coyle, and a second by Commissioner Halas. Okay. Do we have any discussion? MR. THOMAS: Can I say one thing to Commissioner Coyle? Arcadia does not have an architectural code. I rest my case. CHAIRMAN FIALA: Okay. Any discussion? COMMISSIONER COLETTA: Yes. CHAIRMAN FIALA: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Thank you. I know where they're coming from. It's been a long time. The master plan's been in Page 103 April 24, 2007 the works for longer than two years. It's been in the works for a long time. They finally can see the light at the end of the rain -- at the end of the tunnel. And, of course, you want to bring it around as soon as possible. And I realize that there's legal impediments. The County Attorney, what they're asking us to do is they're -- is there a way to do it under the state constitution and state statute? MS. STUDENT-STIRLING: For the record, Marjorie Student-Stirling, Assistant County Attorney. The plan Mr. Thomas is talking about is a new Immokalee Master Plan. That has not been to this board yet, nor has it been to DCA at either transmittal or adoption, and then you would do -- change your code based upon the Growth Management Plan once it's adopted and approved by DCA, and that has not happened yet. There is no such thing under our case law in Florida of a growth plan in progress rule like we have a zoning in progress rule. So you could amend the Land Development Code to, perhaps, loosen or suspend restrictions in the Immokalee area, but you'd have to have a rational basis for it. It would have to be consistent with our current Growth Management Plan and the Immokalee Area Master Plan, and you have to follow the procedures. This is by state that you we have to have these advertised public hearings and so on as well as the procedures in our code. And you would have to follow those procedures to do that. If you didn't do that, then once the master plan were adopted, you would amend the land code accordingly, following those same procedures that I just alluded to. COMMISSIONER COLETTA: So what you're saying basically is, in order to get to the point just to be able to relax the code, we have to go through the whole process that we'd have to go through to change the code? MS. STUDENT-STIRLING: Right. And that would have to be Page 104 April 24, 2007 consistent with the Immokalee Area Master Plan. It would have to be reviewed by our staff. And there would have to be some reasonable basis for it and no equal protection problems with it, and so on, to go through that code amendment process. COMMISSIONER COLETTA: Do you know of anyplace in Florida that's been reasonably successful in doing what Mr. Thomas is suggesting? MS. STUDENT-STIRLING: No, sir. I don't know if planning staff might be able to address that since that's more of a planning type thing, but -- COMMISSIONER COLETTA: I'm aware of that. That's okay. That's not a fair question, because that would require a lot of research. I know where this is going. It's not going to pass, and that's obvious, and I always say that when we have issues come before this commission that we have to say no Immokalee. In the same light, I'd like to see what we can do to try to expedite two things. One, an overlay that could take place in an expeditious manner that won't conflict with the master plan, because the master plan's going towards finality. Those issues that we're looking for to try to expedite them, maybe have staff person totally dedicated to work just on the Immokalee overlay and the master plan to try to bring them around in an expeditious manner. I don't know how else we're going to get there. Obviously today we're not going to get the support we need to even look into the possibility of taking this to the next level. I'm going to turn it over to another commissioner. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER COLETTA: I'd like another word before we finish. CHAIRMAN FIALA: Okay. COMMISSIONER COLETTA: What's the issue? I don't -- I never got the answer of what's the motion all about, what we're being Page 105 April 24, 2007 asked. You know, I just don't understand. I heard a lot about Immokalee I never knew, and I appreciate it, but what are we doing? MR. SCHMITT: In can interject. This motion was from the CRA hearing from the advisory committee chairman, asking the CRA to forward this recommendation to the Board of County Commissioners for consideration. COMMISSIONER HENNING: What's the recommendation? MR. SCHMITT: So this would be a recommendation to the board for the board to consider a motion whether to suspend any type of enforcement. And so your amendment or your -- at least your action right now would only involve the CRA. You can table it here, and then, of course, it wouldn't go forward to the Board of County Commissioners. COMMISSIONER HENNING: Is it a Code Enforcement action? COMMISSIONER COLETTA: It's a number of actions. Mr. Thomas, do you want to try to briefly sum it up? COMMISSIONER COYLE: Commissioner Fiala is the chair. COMMISSIONER COLETTA: I -- forget it. I can't -- I can't help it. It's ingrained, you know. She's -- this thing here is supposed to give me a whack with it every now and then. I'm so sorry. COMMISSIONER HENNING: I could help you. CHAIRMAN FIALA: Okay, go ahead. You take this. And what we're trying to do is, he's saying that he wants to shove aside zoning and permitting and so forth. MR. THOMAS: No, I don't want to shove it -- we don't want to shove it all aside. CHAIRMAN FIALA: Yes. MR. THOMAS: I mean, the health and safety things we are-- have no concern about. But we have a number of situations where people are trying to position themselves to start down the process or continue doing business as they've been doing before that are being Page 106 April 24, 2007 forced to shut down because there's a heavy zoning enforcement action that started about 12 months ago, 18 months ago, and coming down. A lot of this stuff will be relieved with the new master plan, and they won't be enforcing those things like before. CHAIRMAN FIALA: Okay. MR. THOMAS: I tried to explain to a number of people in that last piece that I sent out to you all yesterday that as long as we have to refer back to the existing master plan, rather than to create a new zone with a new master plan like we did back in the middle '80s, we're going to be with this headache of how we deal with the inconsistent uses at our various places. But if we come up with a different kind ofa system that allows us to start fresh and new, giving us a chance to compete with central Florida, we can make this thing happen. Thank you. CHAIRMAN FIALA: Okay. And you understand what they were doing now? COMMISSIONER HENNING: I've got a gist. CHAIRMAN FIALA: Okay, fine. So we have a motion on the floor and a second. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Okay. I think your idea was good to maybe get together an overlay real quickly. An overlay will help a lot and, of course, I think they need to put some steam on that preparing for the Immokalee Master Plan. It's been languishing for quite some time. It needs to move forward. So maybe they'll have the equipment to do that now that we've approved 14A for the director and the Page 107 April 24, 2007 assistant. And with that, I don't believe we have to hear then lOG; is that correct? MR. MUDD: No, then you have to switch hats real quick. CHAIRMAN FIALA: Oh. The CRA board meeting is closed. CHAIRMAN COLETTA: Finally. Wow. Item #IOG IMMOKALEE MASTER PLAN AND VISIONING COMMITTEE AND LOCAL REDEVELOPMENT ADVISORY BOARD REQUEST TO THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS TO CEASE ENFORCING CERTAIN ZONING PROVISIONS IN IMMOKALEE FOR EIGHTEEN MONTHS OR UNTIL THE APPROVAL OF THE NEW MASTER PLAN AND LAND DEVELOPMENT CODES, WHICHEVER COMES FIRST MR. MUDD: That means that lOG is no longer -- is withdrawn. COMMISSIONER FIALA: Okay. CHAIRMAN COLETTA: Now, we're bucking against a couple of time concerns. The next one was what, our 12 o'clock? CHAIRMAN FIALA: Twelve o'clock. MR. MUDD: Commissioners, 12 o'clock, closed session. You're breaking for lunch until 1:30, sir? CHAIRMAN COLETTA: Okay. So we're-- COMMISSIONER COYLE: We're adjourned. CHAIRMAN COLETTA: -- we're adjourned and we're going to reconvene at the closed session, right? MR. MUDD: 1 :30, sir. We'll reconvene at 1 :30. Item #I2A Page 108 April 24, 2007 CLOSED ATTORNEY-CLIENT SESSION CHAIRMAN COLETTA: Well, isn't the closed session-- MR. MUDD: Yes, sir, but for the public, the open session will reconvene at 1 :30. CHAIRMAN COLETTA: Make it known the public's not invited to this closed session. (A closed session meeting was had during the luncheon recess, and proceedings continued in the sunshine.) CHAIRMAN COLETTA: Okay. Mr. Mudd. MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, Commissioners, you have a hot mike. CHAIRMAN COLETTA: Okay. Mr. Weigel? Item #12B BOARD OF COUNTY COMMISSIONERS TO PROVIDE DIRECTION TO THE OFFICE OF THE COUNTY ATTORNEY AS TO ANY SETTLEMENT NEGOTIATIONS AND STRATEGY RELATING TO LITIGATION EXPENDITURES IN WILLIAM LITSINGER V. COLLIER COUNTY, FLORIDA AND FRED COYLE, INDIVIDUALLY, CASE NO. 06-432-CA, NOW PENDING IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA - MOTION TO RE-DlRECT STAFF TO REJECT OFFER AND HAVE STAFF NEGOTIATE A SETTLEMENT OFFER, NO MALICIOUS ACTS AND FOR ALL ISSUES TO COME TO AN END - APPROVED MR. MUDD: This brings us to item I2B, which is Board of County Commissioners to provide direction to the Office of County Attorney as to any settlement negotiations and strategy relating to litigation expenditures in the William Litsinger versus Collier County Page 109 April 24, 2007 and Fred Coyle, individually, case number 06-432-CA, now pending in the 20th Judicial Circuit Court in and for Collier County, Florida, CHAIRMAN COLETTA: Go ahead, Mr. Weigel. MR. WEIGEL: Thank you. And thank you, Jim. The Board of County Commissioners has gone in and come out of closed session in regard to case number 06-432-CA, William Litsinger versus Collier County and Fred Coyle, individually. And agenda item I2B is the opportunity for the Board of County Commissioners, at public meeting, to indicate any direction or entertain any questions with the County Attorney relative to settlement negotiations and strategy related to expenditures. So at this point I will turn it back to Mr. Chairman and the commissioners for any questions and/or any direction they may wish to give to the County Attorney. CHAIRMAN COLETTA: Mr. Henning, Commissioner Henning? COMMISSIONER HENNING: Mr. Chairman, I make a motion that we direct our staff to reject the offer. I also -- ask to -- in my motion to have our staff, our legal staff, to negotiate a settlement offer, but more importantly, in this settlement offer, that the parties involved find no malicious acts by anyone, and that is very important. And the second thing, that all these issues disappear, okay? COMMISSIONER FIALA: Second the motion. CHAIRMAN COLETTA: Motion by Commissioner Henning, second by Commissioner Fiala. Any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor -- I'm sorry. MR. WEIGEL: Okay. CHAIRMAN COLETTA: I'm, sorry. Mr. Weigel? MR. WEIGEL: Just to note that, for the record, an offer has been Page 110 April 24, 2007 tendered to the Board of County Commissioners on behalf of William Litsinger through his counsel. That offer of settlement asking for the board to consider is an offer in excess of $600,000 and the motion that has been put forward is a rejection of that very offer. COMMISSIONER HENNING: Correct. CHAIRMAN COLETTA: Fine. Okay. Any other comments, questions? COMMISSIONER HALAS: Something to add. CHAIRMAN COLETTA: Jackie, have you got something else to add? MS. HUBBARD: No. Just, thank you very much. CHAIRMAN COLETTA: Thank you. 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: Opposed? (No response.) COMMISSIONER COYLE: I am abstaining. CHAIRMAN COLETTA: Okay. Let the record show that Commissioner Coyle has abstained, and the motion was 4-0. Fine. Mr. Mudd? MR. MUDD: Commissioner, I'm going to ask for some -- for some guidance. This would normally go to -- well, we can try. We've got a two o'clock time certain, which is your Productivity Committee briefing on what they've found out for utilities and road transportation, just bring that to your attention. The next item on the agenda is item 8B which used to be 17F. CHAIRMAN COLETTA: Okay. Would- Item #8B Page III April 24, 2007 RESOLUTION 2007-101: A RESOLUTION ADOPTING THE COLLIER COUNTY HUD ONE YEAR ACTION PLAN FOR FY 2007 - 2008 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME), AMERICAN DREAM DOWN-PAYMENT INITIATIVE (ADDI) AND EMERGENCY SHELTER GRANT (ESG) PROGRAMS, AUTHORIZE REQUIRED HUD CERTIFICATIONS, APPROVE EXECUTION OF SUB- RECIPIENT AGREEMENTS BY THE COUNTY MANAGER OR HIS DESIGNEE, AND SUBMIT TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) - ADOPTED W/CHANGES MR. MUDD: It's a recommendation to approve a resolution adopting the Collier County PUD one-year action plan for FY -2007/2008 for Community Development Block Grant, CDBG, Home Investment Partnerships, HOME, American Dream down payment initiative, ADDI, and emergency shelter grants, ESG programs, authorize required HUD certifications, approve execution of sub-recipient agreements by the County Manager or his designee, and submit to the United States Department of Housing and Urban Development, HUD. The item was asked to be moved by Commissioner Henning. COMMISSIONER HENNING: And it can be brief, Mr. Chairman. CHAIRMAN COLETTA: Okay. I do have to get each commissioner to disclose what their ex parte is. MS. FILSON : You don't need it on this one. CHAIRMAN COLETTA: No, I don't? MR. MUDD: You don't need it on this item, sir. CHAIRMAN COLETTA: Okay. I did have ex parte on my thing. But okay, fine. We're set. Page 112 April 24, 2007 Marcy, please. MS. KRUMBINE: Good afternoon, Commissioners. For the record, Marcy Krumbine, Director of Housing and Human Services. And we're here today to get your approval on our one-year HUD action plan. You have before you quite a voluminous document that spells out all the different projects and the different numbers. What I'd like to do is just give you a broad overview to say that it's not just about numbers, but it's about making a difference in our community. COMMISSIONER HENNING: Mr. Chairman? We could do this real quick. I just had some concerns, that's why it came off the summary . CHAIRMAN COLETTA: Okay. Commissioner Henning? COMMISSIONER FIALA: So do I. COMMISSIONER HENNING: Oh, okay. COMMISSIONER FIALA: My concern was, if you ask -- or would you like to go first? When you said okay -- go ahead. You go first. COMMISSIONER HENNING: Well, thank you. COMMISSIONER FIALA: You're the guy that pulled it off. COMMISSIONER HENNING: The resolution that you're asking us to pass would be different than the one in the booklet, correct? MS. KRUMBINE: There was one numerical error and we did update that resolution. COMMISSIONER HENNING: Okay. In here it's not a complete resolution. MS. KRUMBINE: Were we missing a page? COMMISSIONER HENNING: Right. So you'd be replacing the resolution within our executive summary? MS. KRUMBINE: That's correct. COMMISSIONER HENNING: Correct? Would it go in there? Page 113 April 24, 2007 Okay. We're not recognizing all affordable housing funding sources? MS. KRUMBINE: No. We're just -- this is just our federal grant program. COMMISSIONER HENNING: Well, you're also recognizing the SHIP program, which is -- MS. KRUMBINE: That's our -- that was a different item on the agenda. COMMISSIONER HENNING: This is in this document, correct? MS. KRUMBINE: That is just for showing that the funds are leveraged. COMMISSIONER HENNING: Okay. MS. KRUMBINE: That's what we have to do with HUD. They want to see that we're leveraging our federal funds with other funding. So we leverage it with some of our county funds but also our state funding. COMMISSIONER HENNING: So you don't want to show all the funding sources? MS. KRUMBINE: It's not -- it -- just in the appropriate spots, like the match and the leverages is where we show it. COMMISSIONER HENNING: Okay. So it's not necessary? MS. KRUMBINE: That's correct. COMMISSIONER HENNING: The next thing is the sub- recipients agreement. It has the administrator for community development on there as a signer. You still want to keep that? MS. KRUMBINE: No. We'll update that, and we're also changing that with the new -- and bringing everything before the board. So there'll be an updated signature page so that the county commissioner will approve the sub-recipient agreements, and public services will sign off on it. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: Commissioner-- Page 114 April 24, 2007 COMMISSIONER HENNING: So is that going to be corrected before -- MS. KRUMBINE: Yeah. What you have before you is a draft document. COMMISSIONER HENNING: So we're approving the draft? MS. KRUMBINE: You approve it and then we update it, and that's usually how it goes. COMMISSIONER HENNING: So I need to address it in my motion then? MS. KRUMBINE: Can you do that? Those changes would be made. COMMISSIONER HENNING: Right, okay. That has to be in a motion, all right. And the last thing is, there is a true need out there for housing for the blind, and Collier County has not addressed that. And the people that are blind want to be self-sufficient, self-sustaining, and they need just a little hand up, and I would like for us to see, putting some of the efforts to housing for the blind. Can we do that in this? MS. KRUMBINE: We actually in our -- in our state housing initiative that was on the consent agenda, we do have a strategy for special needs, and it's specifically for organizations that deal with special needs like blind or developmentally disabled. So what they need to do is come before us with a proposal so that we could fund it, and we could do that. And the same thing with the -- with the federal plan is it's -- it's a grant process. So we publicize it, and then organizations come to with us their proposals of what they want to do. So what we need to do is -- and if you would help us, is connect with the organizations that are serving that community, and we could make sure that they know about all these different opportunities so they could be a part of the grant application cycle. COMMISSIONER HENNING: Can I be a part of that process -- Page 11 5 April 24, 2007 MS. KRUMBINE: Sure. -- or am I prohibited? MS. KRUMBINE: An organization would have to be a part of that process. COMMISSIONER HENNING: The public can't be a part of the process? MS. KRUMBINE: Well, it's organizations that are funded, so -- COMMISSIONER HENNING: So I have to join them, right? MS. KRUMBINE: You could join the Collier County Organization for the Blind. COMMISSIONER HENNING: Right. CHAIRMAN COLETTA: May I respond just a little bit to that in front of you? COMMISSIONER FIALA: Sure. CHAIRMAN COLETTA: I'm involved with the disabled group. I've been working with them for some time along with Mayor Barnett trying to advance their cause towards affordable housing, too, for their members, so it's not a bad idea. It's a very good suggestion. Commissioner Fiala? COMMISSIONER FIALA: Yes. I had a little trouble figuring out some of the things in the report, and I called the clerk's office. And I said, could you help me with this? And they didn't receive a copy of it. And so apparently they called to ask for a copy and they said they weren't -- I don't know the exact words. I'm going to just say that they weren't given one. And I was just wondering if we could -- could we put this off one meeting until you can clear up some of these things that Commissioner Henning just brought up and to have the clerk's office take a good look at it as well? MS. KRUMBINE: Well, the -- first of all, this has to be in HUD's hands by May 15th, otherwise we lose our funding. So we would be calling it close. But the process -- the procedure has been the Page 116 April 24, 2007 same for a number of years, and that is that we prepare the draft, we put it out for public comment for 30 days, then we finish the draft and include the public comment and then submit it to the County Manager's Office, public services administration, and the county commissioners to review it two weeks before the meeting, and the clerk's office gets it once you all have signed off on it, and that's been the procedure. And it's also been -- the drafts are available and we show that. They could come to our office to see it, it's in the county library, and it's in a number of locations available. COMMISSIONER FIALA: Yeah. I just felt a little uncomfortable not having the clerk give some input being that they're doing some work on this section myself. CHAIRMAN COLETTA: Marcy, what we have before us, is this more or less boilerplate that we receive every year? MS. KRUMBINE: Yes. CHAIRMAN COLETTA: So I -- MS. KRUMBINE: The only thing that changes are the projects. But the HUD application is boilerplate. CHAIRMAN COLETTA: Is there any other questions? MR. MUDD: No. There's projects -- just to make it clear. Those projects that are in this book are based on applications that come to you -- MS. KRUMBINE: That's correct, and scored. MR. MUDD: -- and scored, so -- and then it gets vetted at what MS. KRUMBINE: At the Affordable Housing Commission meetings. MR. MUDD: Okay. CHAIRMAN COLETTA: Okay. Yes, Commissioner Henning? COMMISSIONER HENNING: I'm ready to make a motion, but we didn't see -- on other ones like our Planning Commission, we have Page 11 7 April 24, 2007 recommendations from the Planning Commission within the executive summary . But I'm going to make a motion to approve with the correction of inserting the right resolution, correct resolution with the correct signature and all material, also the contract agreement with the sub- recipients to be corrected as the alignment. That's it. CHAIRMAN COLETTA: Okay. I'll second that motion. Any other comments? (No response.) CHAIRMAN COLETTA: Hearing none, all in favor of Commissioner Henning's motion, seconded by me, Jim Coletta, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Okay. And let the record show that Commissioner Fiala was in opposition, so the vote was 4-1. Thank you very much. MS. KRUMBINE: Thank you. Item #9A RESOLUTION 2007-102: APPOINTING LLEWELLYN WILLIAMS AND DAVID BISHOF AND RE-APPOINTING MIKE SORRELL AND WILLIAM HUGHES TO THE ENVIRONMENTAL ADVISORY COUNCIL - ADOPTED MR. MUDD: Commissioner, that brings us to 9A. Appointment Page 118 April 24, 2007 of members to the Environmental Advisory Council. CHAIRMAN COLETTA: Motion -- someone make the motion. I shouldn't be making the motion. COMMISSIONER COYLE: Motion to accept the -- well, these are not the committee's -- motion to reappoint Mike Sorrell and William Hughes and to waive any requirements that are needed. And I don't think they require them this time. Right, Ms. Filson? Of course I'm right. MS. FILSON: I didn't know you were going to go to mine next. COMMISSIONER HENNING: I'll second that motion. MS. FILSON: Okay. On this committee, you need to appoint one member to serve as the technical alternate, one person to serve as the technical regular member, and then the other two members are up for reappointment. So we really have five vacancies but we really only have four applicants. COMMISSIONER COYLE: Okay. I make a motion that we appoint all four of the applicants. MS. FILSON: And can you tell me which one will be the technical alternate? COMMISSIONER COYLE: Let's have Llewellyn Williams be the technical alternate; David Bishofbe the technical; Mike Sorrell will be the non-technical reappointment; and William Hughes will be the technical reappointment. COMMISSIONER FIALA: Could I just add something? Right here -- in here it says Mr. Bishofwill have to excuse himself for participating in any manner including presenting, participating in the discussion and voting on projects submitted by Counsel Tech. So I don't know -- MS. FILSON: It was their suggestion that he be the alternate, but we don't take recommendations. COMMISSIONER COYLE: Well, ifthere's a conflict of interest, then I will withdraw my recommendation for appointment Page 119 April 24, 2007 then. Yeah, if there is a conflict -- COMMISSIONER FIALA: Maybe we could just put him as an alternate then? COMMISSIONER COYLE: Well-- MS. FILSON: Ifhe's an alternate, he attends the meetings, participates but cannot vote unless a regular member is absent. COMMISSIONER COYLE: Okay. COMMISSIONER HALAS: I'll second that motion. COMMISSIONER FIALA: Sorry to throw the monkey wrench in there. COMMISSIONER COYLE: That's okay. CHAIRMAN COLETTA: Good work. So we have a motion by Commissioner Coyle and a second by Commissioner Halas. Any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it 5-0. Item #101 REPORT OF THE FINDINGS ON UTILlTY ISSUES RELATED TO TRANSPORTATION PROJECTS - MOTION FOR THE COUNTY MANAGER TO ACCEPT THE PRODUCTIVITY COMMITTEE'S RECOMMENDATIONS AND Page 120 April 24, 2007 IMPLEMENTATION AND TO BRING BACK AT A FUTURE BCC MEETING - APPROVED MR. MUDD: Commissioner, that brings us to our time certain item of two p.m., and this is a report of the findings on utility issues related to transportation projects. MR. FEDER: Commissioners, for the record, Norman Feder, transportation administrator. Back in October we came to you with a request to be able to pursue a, what I will say is a modified state provision to allow us to try and encourage utilities to relocate in a timely fashion. Subsequent to that, we had a number of presentations by contractors. Those contractors expressed some of their concerns with what they're experiencing with underground utilities, quite often not in the location that they're anticipated in some of the plans, as well as the fact that they were experiencing some problems with the relocations particularly at the time with FP& L, who was, of course, out of the area based on hurricanes and issues at the time. The contractors were basically utilizing their presentations as an opportunity to make their case to you, one of which has filed a claim because of the delay for FP& L's movement. The other that's facing liquidated damages on delay on the project. But having said that, we were directed to go back and look at what we could do because we clearly agreed that there was more that we needed to try and do to be able to locate the underground or to find a better way to work with the utilities to make sure that our corridors are free and that they work well with the contract as we go through our projects. What we did do in that -- what we did do on that is we met about three times with the Productivity Committee along with our CEls as well as with design and some members of the contracting industry. We then met a couple of times with the Productivity Committee Page 121 April 24, 2007 because this board had asked County Manager Mudd, who had asked transportation, as well had asked Productivity Committee to look at this issue and see what options there were. What I want to do is give you a very quick intro and let some folks come up here, most notably the Productivity Committee themselves, but I wanted to put it in perspective. Basically what we're dealing with is an issue where we have some opportunity for improvement. But the image that's been placed out there is you have projects of massive delays, all kinds of problems, plans that don't show anything, other issues of the sort, and that's not the case. I want to assure you that what's been accomplished over the last seven years hasn't been with that as the rule. There are issues that we've had to deal with and we'll continue to have to deal with even with some of the new things that we're going to bring forward to you. But really the bottom line is the standard that is used by the Florida Transportation Commission on the state, is used somewhat nationally in the process, is that you should be within 10 percent of the dollars and 10 percent of time if you have a successful project. Now, all of us would like to have it done ahead of time and under budget. But from a practical sense, if you are giving two times on your projects and if you're trying to get those dollars tight, you're going to have issues to deal with. With our contracts plus the allowances that the board provides, we stayed well within those parameters. I think what you see here first is the eight projects that have been completed already on the network, essentially in the 10 percent area of dollars. We've been at about 4.9 percent on those closed projects relative to the contract amount in allowance and about 31.11 percent of the time. Now, obviously that's of concern. I'm well over 20 on the time. What you have there in red is a reflection of some major items Page 122 April 24, 2007 that are included in those delays, and there's very few of them, iftaken into account, change those numbers appreciably. In the case of closed projects, one of the biggest issues we had was about $3 million on the initial efforts on Immokalee Road between 951 and 1-75 to four lane that where, unfortunately, the survey was old and had not been updated and the canal was moved closer to the roadway. And rather than just finish the project and then later try to address it in the project this board directed us, and rightfully so, to go in and shore up that embankment, which we did. That was about $3 million which ended up changing appreciably the numbers. We would have been not using the allowances relative to our contracts, you can see, by a negative 2.09, and our time would have been brought down to about 17 percent. On current active jobs -- of course, these aren't completed so these numbers aren't yet finished. But as we stand today, even with some delay on the overpass that we're experiencing, we're at about 3.16 percent of dollars, 9.16 of time. And again, if you take out two major issues here on active projects, the fact that I went from four to six lanes on Immokalee Road, that was a conscious effort by this board -- one we needed to do and I think will be served well in the future by costs and by the improvement -- but that added time and money. The other being the overpass itself, about 2.5 million, relative to the S wall, the canal and the muck that we experienced. So what I'm trying to point to you is that when you look at the issue, I don't want to get improvement options totally confused with where we stand on ability to deliver our projects. We're not going on the basis of a total at risk by the contractor. And in the case of our -- nature of our construction, there are so many issues out there that's not to our advantage. But in our case, we are trying to hold and manage these contracts and work through them. Page 123 April 24, 2007 What I'll point out to you is that -- okay, it will go up but it won't go the other way, okay. There is no silver bullet. I think what we heard from everybody when we got them together, including the Productivity Committee, there's a lot of things we can do and we need to do better on, but at the same time, we're never going to have a set of plans that doesn't have some issues to deal with, and that will lead you into a discussion by Jay Ahmad, who's going to give you a little bit of background, hand it over to Productivity Committee, and then Steve Carnell and I will try to wrap up. Jay? MR. AHMAD: Good afternoon, Mr. Chairman, Commissioners. My name is Jay Ahmad. I'm your Director of Transportation Engineering and Construction Management. The common goal for us in building any project is to build a project. And for roadways, we build it while we maintain traffic. We maintain at least the existing number of lanes out there so our traveling public can use them. And while we're doing that, we hope to avoid -- we build it while we're avoiding utilities. We could elect to build a -- move the utilities first, and that will take approximately a year to two years, and then start building the project. But due to catching up to growth, we elect to build a project while we're moving utilities. And, of course, we still have services that have to be done, garbage and mail and school buses use our roadways while we're building these things. And we must maintain businesses operational while under construction. So all these things that we have to do, we accommodate the businesses, the delivery of mail and services and emergency services to homes and businesses, while we are in construction. And also we build it within a very tight right-of-way. We could elect to acquire a lot of right-of-way so we can have room for our utilities to be installed, but we wisely choose a tight right-of-way so Page 124 April 24, 2007 we won't impact homes and businesses and, of course, the cost. Our right-of-way costs are very high. So we try to accommodate that within almost 15 to 20 feet of right-of-way while building sidewalks and installing all these utilities while we're maintaining all the existing utilities. And again, the utility relocation is being done, while under construction. And you can see the telephone poles are, in some places, are in the way of our construction. And we're not only having telephone poles. Of course, we have underground utilities. And when utilities, particularly the above ground utilities, don't happen, we face major delays, and at times we stop work. Contractor's become creative and start paving around poles. And this is Norman's favorite picture. We have many utilities. We have sewer, water mains, force mains, of course, the sewer, and electric, Embarq, TECO gas and our stormwater and drainage, and this picture it shows it all, and this just happens to be Immokalee and Livingston, Immokalee Road reconstruction. And we have also not just we're -- it's not as building as a building. We go lateral, we cross streets. We have -- we go miles of construction, and we need to cross to service all these side uses, homes and businesses. So we have crossings of -- and we do that at night to alleviate some inconvenience to our motoring public. It doesn't mean that we're -- it's helpless. We can do a lot of things, and many of them we are doing. And we have been using ground penetrating radar, and this picture shows what that is. Some equipment looks like a lawn mower, some more sophisticated equipment with multi lanes where some units are being pulled by individual person, but what that is it sends a radar image into the ground and it detects metals and objects in the ground. This is a picture that would come out of that ground penetrating radar. And we wrote those things on top. We really can't tell whether it's a tank or it's a pipe or it's -- sometimes it's electric wires. And if Page 125 April 24, 2007 the ground water table is high, you can't tell at all. We could do increased locates and potholing. We -- locates are -- we send our locate department to identify where the -- what we know exists underground. We do potholing currently at -- where we think is conflict points where we think there is crossings or known locations and we -- at high risk locations, such as mast arm locations or known sewer lines and so forth. And those are done to confirm location. How accurate it is? I gave an example. This happens to be by Wilshire Lakes and actually a very recent picture, Wilshire Lakes and Vanderbilt Beach Road. The silt fence on your right there is actually the right-of-way line, and where it says plan align on the left, that's actually where the as-built is. The known GIS as-builts shows the location of that line. It happens to be a reuse line. The GIS showed it as 10 feet from the right-of-way line. We did ground penetrating radar, and it showed it anywhere between -- showed it about five feet, and that's the line diagonally across. It says GPR on top. We dug a bunch of potholes, one, two, three, the location, and you can see the gentleman there to the right is digging a new one. And the line just happened to be -- he couldn't find it actually where the line is, so we used a backhoe actually, and the line happened to be between three to eight feet from the right-of-way line. And there is a water table that impeded ground penetrating radar. As-built plans weren't accurate, so those are the issues that we face. There's another example -- and I've shown a picture. Actually a recent example. Two weeks ago we hit the water main on the corner of Airport -- and many of you must have heard about it -- Airport and Vanderbilt. Our ground penetrating radar said we're clear, there's no lines underneath. Our utility department came and marked the lines. We know there is no line. We even went ahead and potholed. We dug a hole six feet deep. Page 126 April 24, 2007 We'd have dug deeper but we would have had to get OSHA requirements of ladders and so forth. We dug to six feet and we confirmed there is no line. And we wanted to install a mast arm. We dug for the mast arm and sure enough, we had a fountain on our hands. Cut water for about two days to some people. Our utility department helped us and we -- I think nobody lost water, but those are the issues that we face. The -- again, the as-builts are not very good that we work with. The ground penetrating radar is not very accurate, and even with potholing you may end up with surprises. This line happened to be a bypass water line that our utility department installed and it wasn't marked on any plans. This is Norman's favorite one. They're -- all these silver points, bullets, the GIS, as-built, utility coordination, we do a lot of utility coordination during design and ground penetrating radar, and we do constructibility reviews. And our Productivity Committee, we met with them, I believe, twice and we met with our construction engineering inspectors at least three times, we met with some contractors, and we kind of chatted and debated and discussed this issue of utilities, how can we do better. And I will -- this is a good point to let our Productivity Committee give you a report of their findings, how can we improve. CHAIRMAN COLETTA: Welcome, Janet. MS. VASEY: Thank you very much. Janet Vasey for the Productivity Committee. How are you this afternoon? I -- you have in your packet our report, and I was going to give you a brief overview if you would like, or if you just want to ask questions, I'm at your disposal, whichever way you'd like to do it. CHAIRMAN COLETTA: Thank you. We do have two commissioners that would like to ask questions at this time. Commissioner Henning and Commissioner Halas. We'll start with Commissioner Henning. Page 127 April 24, 2007 COMMISSIONER HENNING: Well, Mr. Ahmad, first of all, I want to thank you and particularly your staff for addressing and answering the questions of the public and individual commissioners. Second of all, and many times that we hear contractors, that it's the underground people's fault. They're not -- they're not out there and they're not doing their job, we can't get them to do their job, blah-blah-blah. Would it be prudent for the county to do road construction in different phases, to hire an underground utility person to move those utilities and then hire a road contractor to come in and construct the road? Have you ever thought of that? MR. AHMAD: Sir, yes, we have, and that actually is being practiced elsewhere. For example, Lee County does some of that and Florida Department of Transportation does a lot of that. What we have in Collier County though is we are always racing to build a project due to growth and concurrency and other issues that we face. This process will delay, the one you just mentioned, will delay construction projects. First you have to obtain all the right-of-way in order for you to locate these right -- these utilities, you have to be in construction twice, one for underground utilities for moving FP& L and other aboveground utilities and then for construction of the roadway itself. I would -- in my projection, it may delay the project between two to three years. COMMISSIONER HENNING: Okay. And we don't have any delays now? MR. FEDER: Generally speaking, we're staying within the 20 percent as we showed you, and even less than that, so not as much. Certain jobs more so. I can give you one project on the pro, and I think we both can figure out which one that is on Vanderbilt Beach Road that I would have loved to have separated those two functions. But you've got to understand also what you lose in that -- and we've talked to people Page 128 April 24, 2007 that have applied it and why they're doing it and what the advantages, and disadvantages as well. What you lose also is, if it's done at all correctly, as in many jobs it is, you have the ability for the contractor who's actually paving to also be working portions of the job that is completed when you have a longer project. Usually when you're trying to do that you have very short projects of one, no more than two miles in length. We have many projects that are five or larger in length by their nature. COMMISSIONER HENNING: Thank you. CHAIRMAN COLETTA: Okay. Commissioner Halas? COMMISSIONER HALAS: I believe some of the other problems that we have in regards to underground utilities, and correct me if I'm wrong, but it's the amount of right-of-way that we have to work within because we either got canals or there's already been something that's been permitted there. And if we take any additional lands, then it becomes very cost prohibitive. Am I correct in my assumption? MR. AHMAD: Absolutely correct, Commissioner. An example of that is Immokalee Road in front of Sam's. We actually had to build retaining walls or -- just to maintain so we can have Sam's not impacted as much and not to buy as much land from Sam's. COMMISSIONER HALAS: Okay. MR. AHMAD: And what -- we end up with about 12 feet of right-of-way to have all the utilities that you saw in that picture within that corridor. COMMISSIONER HALAS: Did the same thing basically exist on Vanderbilt Beach Road also? MR. FEDER: Yes, it did, Commissioner. And I think the key point is, we're working, especially on these urban corridors, and second or third generation of utilities, and because of the growth in the area, every utility wants to up-size as soon as one of our projects come out and yet, old utilities are still in the ground, some of them no longer Page 129 April 24, 2007 on plans. Existing utilities must be maintained while the new utilities go in because you can't turn somebody's water off and say, as soon as I put in new water, I'll give you water again. You've got to keep maintaining what's out there while you're providing the new. So when we don't buy a wide right-of-way, it does lend itself for that need for conflict boxes, as the name implies, or more conflicts along that corridor as you're trying to move around existing while you're putting in the new utilities. COMMISSIONER HALAS: The question to you is, as we're laying down these new utilities, how close in proximity are these utilities being -- being placed on charts and whatever else? MR. AHMAD: The different-- COMMISSIONER HALAS: Are you using GPS coordinates? MR. AHMAD: For example, between force main and water main is approximately seven to eight feet. You have to have a separation between the two. A reuse line is similar. COMMISSIONER HALAS: Okay. Are you using GPS coordinates so that later on when we -- if we're going to put a mast arm in, that we're not going to run into a situation where we feel that there's no -- there's no utilities there and find out that we have old faithful out there? MR. AHMAD: We are moving to that direction. Our older contracts don't have that requirement, and we are making changes to include that as we go along, and hopefully we don't duplicate the mistakes that we had in the past. COMMISSIONER HALAS: And what's the accuracy of the stuff that's being plotted? MR. AHMAD: We have -- the old stuff is anywhere between three to six feet horizontally, and vertically there is no GPS data really to speak of vertically, how deep it is. The current data that we use, it's pretty accurate. It's within a foot or -- Page 130 April 24, 2007 MR. MUDD: The triples that they're using for the GPS are within six inches. COMMISSIONER HALAS: Okay. So we can go out there 10 years from now, and the stuff that's now being recorded, we shouldn't have the problems that we're incurring at this point in time if we have to go out to do something else in the roads that we've upgraded so far? MR. FEDER: Some of the items that are identified actually through the industry and through the Productivity Committee and that we've already started to move on as well as others that we're going to be presenting to you, yes, that is the answer, but the key to that is, once you finish a project in as-built is maintaining that as-built as new things come in. And one of the things you did is you moved my right-of-way permitting along with my locates over to -- along with my survey crew, over to road and bridge. That was done specifically for us to get stronger in to as-builts and GIS, because once we got a project and we've been the full GPS and we've got good as-builts -- and we'll talk to you more about particulars or maybe Janet will -- once we've got those things, we need to make sure, as changes come in, as new development comes in, connects with the lateral, new driveways on the service, which are easy to identify, but other things happening particularly underground, that we maintain those as-builts as accurate as we can. So we have to do that as part of our permitting process, and we need to more in right-of-way permitting to keep those up. COMMISSIONER HALAS: Last question. In regards to utilities that come in at a -- after the after, let's say for instance TECO or FP& L that may put something underground, how can we hold them to the same standards as we're trying to incorporate at the present time? MR. FEDER: Commissioner, I should have spoken to you before I did all this work. But the fact of the matter is, that's a major part of what we need to do, and that's one thing we're going to come to Page 131 April 24, 2007 you -- we need some provisions to have some hold with the utilities, but yes, along with our own right-of-way permitting -- and they have to get a right-of-way permit to go in. Along with any other developer, we need to make sure that we know and have GPS for what gets added after we finish and had a good set of as-builts, or in everything that we're right-of-way permitting right now, when they open it up to put in a line, we want to go out there not only to verify it for a new set of plans or to clean up what we have in GIS, but to identify anything else that we see down there at the time it's open, at least to flag it if it's something different that's on our GIS. CHAIRMAN COLETTA: Ms. Vasey, thank you very much for being here today. Productivity Committee is a very important element in Collier County government in helping us make these decisions. Can you give us a brief summary of what your findings were? MS. VASEY: Sure. What we did was we looked at some road contracts, well, one in particular. We had the meetings with Norman's staff, also with the -- as they said, with the construction engineering and inspection people and the design professionals. We got Steve Carnell in purchasing, clerk's office had a representative, and public utilities. And Norm was very open with us about all the problems that have occurred over time, even going back to before he was the administrator. And we looked at what those problems are and what kind of possible recommendations we could have to solve those problems. And Norm was already on track with a lot of the issues, and they're included in our report, too, as well as the CEls came in with a lot of contract management issues that will help keep things on track, real specific ones, and I think I handed -- that one is the contract management part of our report. We had about 30 altogether, maybe a little bit more. I -- we worked on the utilities one, and I think Norm was right on track before Page 132 April 24, 2007 we even got there with having -- looking at utilities to assess liquidated damages and withhold permits to try and get the utilities to do a more timely job of helping with the locates and also moving the utilities. Then under contracting issues, we wanted -- more to your question, Commissioner Halas, we were trying to get a handle on better documentation of the as-builts that come out of the new construction, and it's not always great coming from the road construction people. So we made some recommendations that there were other options to either have the CEls sign off on them and make them make those timely documentation of as-builts in the contract with the road construction people, make that as part of the progress payments with the sign-off from the CEls, or you can have a separate contract for the CEls to be responsible for the as-builts, and they'll keep them up as we go along, or someone else to come in and do that. But that's a real important part of it and it's not -- it wasn't being handled just perfectly by the road construction guys. We talked a lot about the assumption ofrisk. You can throw more risk on the contractor or less. If you throw more risk on them, you run the risk of having -- paying a higher cost for the contract than you really need to because in -- when you only have one or two people bidding on a project, if you lay all the risk on them for construction material increases or time specific milestones along the way, they'll build -- they'll build it into the price, but they'll have to meet liquidated damages if they don't hit those milestones or, you know, build in some price escalation. Whereas, if you don't make the contractor assume that risk, you can get a lower price. And if some of those things don't happen, then you're better off. And if they do happen, then it's a cost -- an increased cost to road building, and you do have the 10 percent on the dollars to handle those kinds of problems. Page 133 April 24, 2007 We also tried to look at things on work stoppage. What can I done to expedite the processes in case things go wrong or you have a problem where you have to quickly redesign an area. We made some recommendations in that area. We also have some recommendations on change orders. Not everything is big and needs a real change order. Sometimes you can make things faster. I f you've already got the 10 percent -- if it's within the 10 percent cost and the 20 percent time, process it through another way and keep things moving more quickly. That would help in the time part of it. We think we can -- there might be some possibilities for working with other counties, at least checking that our prices are good compared to theirs. Make sure we're getting a fair -- a fair price on our contracts since we only have one or two bidders sometimes. There were a lot of recommendations under contract management, and those include keeping the design people on hand to redesign if necessary. Trying to get the contractor's attention when things start to slip, there's some reporting recommendations in there. And if people -- if contractors don't do a good job on keeping on time, then you can look to maybe not including them on future lists for bidders. And then a lot for more intensive management to avoid schedule slippages, and a lot of those were very good recommendations from the CEls. And then the last part we had was on the design area, and we mentioned the value engineering recommendations. I think that's coming to you separately to do value engineering in the road projects, and also having high-risk items. And for that, some of the problems look like, ifthere was a real intensive review before -- during the design phase, to identify high-risk potential problems, that that would be very helpful. And so we're recommending, along with Norman, that the CEls Page 134 April 24, 2007 come in at 60 percent design, and maybe even some of the value engineering people could sort of brainstorm. What could go wrong, you know? What if the canal, you know, isn't properly identified? What if the muck isn't properly identified? And, you know, some of those things we would have had to pay for anyway, but if you can identify them earlier, you can build them into the time frame better and it would cost less and save them. So those are basically some of the things -- some of our recommendations will need further review to be sure that they can be handled through legal and purchasing procedures, but I think they're worth looking at, and -- let's see. I guess that's all I have. We worked very well with all the staff. Your staff was already on the road to solving this issue and we sort of just participated with them. CHAIRMAN COLETTA: Thank you for that. Commissioner Fiala, then Commissioner Henning. COMMISSIONER FIALA: Oh, well. You know, you've just about answered everything I was going to say. I was just real impressed and I was going to asked Norm ifhe had worked out most of these recommendations, but he has, and you've commented, so I'm done. Thank you. CHAIRMAN COLETTA: Commissioner Henning. COMMISSIONER HENNING: Yes. I'm going to make a motion to direct the County Manager to implement the other recommendations from the Productivity Committee that has not been, and also in those implementations, to come back to the board of any concerns if it's going -- if it's going to be more expensive and how much more expensive, if it's going to be more time, how much more time and things of those nature. That's my motion. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: Okay. Ifl may, Mr. Feder, any Page 135 April 24, 2007 comments on the motion? MR. FEDER: No. CHAIRMAN COLETTA: Okay. Thank you very much. Commissioner Coyle? COMMISSIONER COYLE: Yeah. I'd just like to ask a couple of questions. Janet, how long have you been on the Productivity Committee? COMMISSIONER FIALA: When did they create it? MS. VASEY: Seven years, I think. COMMISSIONER COYLE: Seven years. MS. VASEY: I don't know when to leave. CHAIRMAN COLETTA: No, you can't. COMMISSIONER COYLE: You know, I asked that to make sure people understand how long you've been serving this government in this capacity and how wonderful a job you've been doing. MS. VASEY: Thank you. COMMISSIONER COYLE: You and the other Productivity Committee members do a lot to help us make sure we spend taxpayer dollars wisely here in Collier County, and I think that's one of the things that sets us apart from most of the other 67 counties in the state, and I just want to express my personal appreciation to your contribution, and I hope you'll stay for at least another 10 or 15 years. MS. VASEY: Well, thank you very much, but it really is a group effort. We have four members on our committee, I'd like to say, Brad Boaz, Bob Dichter (phonetic), and Sid Blum, and We worked, you know, all on this, and it always is a group effort, but thank you. COMMISSIONER COYLE: Yes, thank you. COMMISSIONER HALAS: Thank you very much. CHAIRMAN COLETTA: Very much. Okay. With that we have a motion by Commissioner Henning and a second by Commissioner Fiala. Any questions, comments? Page 136 April 24, 2007 (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: Okay. The ayes have it 5-0. Thank you. Item #9B RESOLUTION 2007-103: APPOINTING MAURICE GUTIERREZ AND JILL BARRY AND RE-APPOINTING LINDSEY THOMAS, RONALD FOWLE (W/WAIVER OF 2 TERM LIMIT) AND STEVEN MAIN TO THE BA YSHORE/GA TEW A Y TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD - ADOPTED MR. MUDD: That brings us to 9B, and that is appointment of members to the Bayshore/Gateway Triangle Local Redevelopment Agency Board. COMMISSIONER FIALA: Motion to accept the committee recommendation. MS. FILSON: And that is to waive the two-term limit for Ronald Fowle. COMMISSIONER FIALA: For Ronnie Fowle, yes. COMMISSIONER HENNING: Second. CHAIRMAN COLETTA: I have a motion by Commissioner Fiala and a second by Commissioner Henning. Any comments? (No response.) Page 137 April 24, 2007 CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it 5-0. I tern #9C RESOLUTION 2007-104: DECLARING A VACANCY ON THE AFFORDABLE HOUSING COMMISSION - ADOPTED MR. MUDD: Commissioner, next item is 9C. It's a recommendation to declare a vacancy on the Affordable Housing Commission. CHAIRMAN COLETTA: And I'll make a motion to do so. COMMISSIONER HENNING: Second. COMMISSIONER HALAS: Second. CHAIRMAN COLETTA: Motion by myself, Commissioner Coletta, second by Commissioner Halas. Any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. Page 138 April 24, 2007 COMMISSIONER HENNING: Aye. Item #IOB RECOMMENDA TION TO APPROVE THE INTENT OF THE COLLIER COUNTY WATER-SEWER DISTRICT TO IMPLEMENT WATER RESTRICTION MEASURES, PER THE SOUTH WATER MANAGEMENT DISTRICT (SFWMD) WATER SHORTAGE PLAN - APPROVED MR. MUDD: Commissioner, that brings us to 9B (sic), and that's a recommendation to approve the intent of the Collier County Water/Sewer District to implement water restriction measures for the South Water Management -- yeah, and I'm going to make a correction -- to the South Florida Water Management District Water Shortage Plan. And-- CHAIRMAN COLETTA: I'm sorry. COMMISSIONER COYLE: That's lOB. COMMISSIONER FIALA: What number is it again? You said COMMISSIONER COYLE: It's lOB. MR. MUDD: I'm sorry. It's 108. Just a little bit of dyslexia. CHAIRMAN COLETTA: Yeah, that works better. MR. MUDD: And Mr. Paul Mattausch will present, your director of water. MR. MATT AUSCH: Somebody closed down the program. MR. MUDD: Come out of that one, Paul. MR. MATT AUSCH: Commissioners, I apologize. I had that all set to go, and apparently it got closed down. CHAIRMAN COLETTA: No problem. We can go to the next item and come right back to you. MR. MATT AUSCH: Pardon? Page 139 April 24, 2007 COMMISSIONER FIALA: No, he's ready. CHAIRMAN COLETTA: You're ready now, go ahead. MR. MATT AUSCH: Yeah, we're all set. First, Paul Mattausch, for the record, Collier County Water Department Director. And first let me thank you for this morning's action, the proclamation recognizing Drinking Water Week. I didn't have the opportunity immediately afterwards to thank you for that. And on behalf of all 125 employee of the water department, I would like to thank you for that action this morning. We -- South Florida Water Management District declared on the 12th of April a water shortage emergency and implemented some phase two restrictions that were put in place by public utilities on the 13th of April. I'd like to introduce Clarence Tears to you, director of Big Cypress Basin. He is going to talk to you briefly about what those restrictions are, and then I'll be back up. Clarence? MR. TEARS: Well, originally I thought it would be good morning, but I guess now it's good afternoon. I think the most important thing to point out is we're experiencing a severe drought. Fortunately (sic) on the west coast, especially in Collier County, you know, our water supply is rain driven. We're not attached to Lake Okeechobee in any way so it's not our backup water supply. I keep reading about that. Our water supply is rain driven, comes from the CREW marsh, the hedge-waters of Collier County, and works its way through the system. But we've been extremely dry, you know, for the past six months, and we're way below normal. And, you know, the district implemented, especially for the west coast, because we're so rain driven, when it's extremely dry, it impacts our groundwater levels. So this phase two water restriction is basically in place right now to protect our groundwater supply from saltwater intrusion, because Page 140 April 24, 2007 once saltwater enters the water supply, the water supply is no longer good. It just creates a brackish water supply, so that's why it's so important at this time as a community, as a county, to pull together and protect that resource, and that's why we're at phase two, and it's possible, if the drought continues, we could actually see mandatory water restrictions at a phase three level. Phase two, basically it's odd and even days and we reduced the watering to two days a week. So for odd addresses it's Wednesdays and Saturdays, for even addresses, Thursday and Sundays. And the watering time is for four a.m. to eight a.m., and there's hand watering from five p.m. to seven p.m. In addition, you can only wash your car on these days during this time frame, and it has to be on pervious surfaces. So I always wash my car on the spots on my yard where they're dry so I get the water, you know, rinse my car, and it also helps the lawn, but that's important. Also you can see, acreage larger than five, the watering hours is between 12:01 a.m. to eight a.m. I really want to thank Collier County for all their support, code enforcement, the utility for their efforts. It really is appreciative (sic), and I think Collier County is always in the forefront, when you look at all the 68 counties, just doing the right thing all the time, and it's -- on a personal note, I'm really proud to be a citizen of this community. The other thing on the water restrictions, for detailed information, you can go to www.colliergov.net, or you can go to www.sfwmd.gov, and there's all types of information available. I give it back to Paul, and thanks again. CHAIRMAN COLETTA: Thank you. MR. MATT AUSCH: Thank you, Clarence. CHAIRMAN COLETTA: We'll do questions right after the presentation. MR. MATT AUSCH: I'll be glad to take questions that you may Page 141 April 24, 2007 have about those restrictions that we just talked about prior to turning this over to George Yilmaz, director of the wastewater department. He wants to talk to you a little bit about the irrigation quality water and the restrictions in place on that. CHAIRMAN COLETTA: You want to -- if you want to -- you want to just have questions now regarding the hours that we're allowed to water? And if that's not the questions -- well, in any case, let's see where it takes us. Commissioner Henning, Commissioner Halas, then Commissioner Fiala. COMMISSIONER HENNING: Well, it was stated that they implemented the phase two water restrictions. Just for clarification, the board gave that approval back in 2001 through an ordinance, if the water management went into a severe phase two or phase three, that our staff has the authorization to proceed. So the board already gave that direction, not that you're changing policy on a residence. We gave you that direction. MR. MATT AUSCH: That's correct, Commissioner. COMMISSIONER HENNING: Right. The other thing is, the implementation of this phase two under the statutes given by the Florida -- or South Florida Water Management, it is a temporary water restriction. Of course, they don't identify that in the statutes, but historically it only runs for a few months, correct? MR. MATT AUSCH: That is correct, and that depends solely on when it starts raining again, Commissioner. COMMISSIONER HENNING: Right. MR. MATTAUSCH: Yes. CHAIRMAN COLETTA: That's it? Okay. Commissioner Halas? I'm sorry. You didn't put -- COMMISSIONER HALAS: I've got some questions, and this is basically directed to Clarence Tears. I need some questions answered. Clarence, you realize that this county has really stepped up to the Page 142 April 24, 2007 concerns about addressing future water resources, and I'm somewhat perplexed why we have such stringent -- that we have to go with such stringent requirements that South Florida Water Management is putting on other areas whereby they have more water coming out of the upper aquifer or they even draw water out of rivers, draw water out ofOkeechobee. We've spent an awful lot of money in this county addressing water that is brackish water presently, we use RO for refining this water. Can you tell me why we should be under the same strict water requirements? Most of our water comes out of RO wells. MR. TEARS: Well, actually some of the other areas are in phase three water restrictions and severe, and it's actually getting worse, and some of the other areas, the district's basically telling them there's no water for water supply on the east coast. Lake Okeechobee's dry, the conservation areas are dry, the Kissimmee chain is dry. But once you get north of the Kissimmee chain, their system's a little different, and there is water available in the northern end of the system. So what they've done is they look at various regions, and based on the groundwater levels in our area, which are as low as Lehigh Acres, our groundwater levels are dropping and they continue to drop. And this is truly to protect the resource. And this is a groundwater withdrawal. So this isn't really the RO. Your other water supplies are deeper aquifers. They're not impacted by this restriction. It's the shallow wells, the ones that are in the Tamiami aquifer that are impacted. And what we're trying to do is truly protect the groundwater resource in this area. COMMISSIONER HALAS: But most of our water now is coming out of these deeper aquifers here in Collier County. MR. TEARS: I think it's roughly, what, Paul, about 50 to 60 percent. About half of your water supply still comes from the Page 143 April 24, 2007 Tamiami aquifer. COMMISSIONER HALAS: Okay. Another question I have since you represent South Florida Water Management, and that is if we're in a situation right now where we have -- we're getting very stringent restrictions in water usage, there's been some talk that South Florida, from Tampa south, could have an additional population of six million people. So are you telling us that we have a possibility of running out of water and that we're going to have to revert to Gulf water as far as getting adequate supplies of water in the future to meet our growth needs? MR. TEARS: What you're really -- based on Florida Statutes and the direction we have, we create a water supply plan. Our water supply plan is based on one in 10-year drought. This far exceeds that drought. We're within 10 percent of the historical lows for this time of year of our groundwater. So I mean, we're at the extreme. So when you're at the extremes, you have to protect the resource. But based on the projections and the lower west coast water supply plan and the direction the utilities have been directed to take, we can meet the future demands by going to alternative sources; however, whenever we have extreme situations like we're experiencing right now, we have to take protective measures to protect the resources. COMMISSIONER HALAS: Okay. MR. TEARS: I mean, we won't design a facility for a one in IOO-year drought. It would just -- you know, it would be an enormous amount of infrastructure to take care of that, but we design for about a one in 10-year drought, and this far exceeds that. COMMISSIONER HALAS: Went through a drought scenario about 2000 or 200 I . MR. TEARS: Yes. COMMISSIONER HALAS: And so here it is, is this another Page 144 April 24, 2007 100-year event that -- it's 2007. MR. TEARS: It just depends. It's approaching -- it's approaching an extremely severe event. It just depends how the rain patterns, you know, start to come back. But what we have in Collier County is every year, even in the driest years on record, we roughly get about 26 inches of rainfall. That will replenish our groundwater supplies locally, but it just -- we have to wait for the rainy season. It's just, we've been dry for so long that, you know, we're just trying to protect the groundwater resources. COMMISSIONER HALAS: I think that South Florida Water Management has an obligation to all citizens in South Florida to let us know what the plan is in the future and what kind of resources that we have as far as extracting water out of the wells. MR. TEARS: If they go to www.sfwmd.gov and look at our website, you can look at the lower west coast water supply plan, which is the 20-year plan for this coast, and it identifies alternative resources to meet the future demands. COMMISSIONER HALAS: And are those all of those resources where we're going to have to go out and start extracting water out of the Gulf? MR. TEARS: Based on the current projection, I think most of the utilities are stating that they can go to the deeper aquifers to meet those future demands. Marco Island is using surface water storage. A lot of the smaller cities are going to reuse to supplement their potable demands. But having -- in this area, based on cost and demand, it doesn't look like we're going to full desalinization of seawater at this point in time for our region. COMMISSIONER HALAS: I guess where I'm -- what I'm concerned at is that we're on the same water restrictions as other communities that haven't put the effort forward that we have in this county in regards to making sure that we have alternate water sources -- resources, and I would hope that South Florida Water Management Page 145 April 24, 2007 would look at that. And, yes, we need to make sure that we are trying to save the water as much as possible. MR. TEARS: Yes, sir. COMMISSIONER HALAS: But I think that the restrictions should not be maybe as stringent as what's happening with other areas where they haven't planned for the future. CHAIRMAN COLETTA: Okay, thank you. Commissioner Fiala? COMMISSIONER FIALA: Yes. CHAIRMAN COLETTA: Then we're going to take a IO-minute break. COMMISSIONER FIALA: Okay. Just a fast one. Clarence, you said before that our water supply is rain driven but then you said our water supply comes from the CREW marsh -- MR. TEARS: Well, it's rain driven. It's the low lying areas and the headwaters of our system. Actually, if you look at the confining layer, the further north you go in the system, it's what they call a leaky aquifer, and allows the water, when it rains, to get back into the ground, filters through the ground into the deeper aquifer, which is our freshwater supply in Collier County. COMMISSIONER FIALA: So then the CREW marsh is very instrumental in our water supply; is that what you're saying? MR. TEARS: The headwaters of Collier County are very crucial. COMMISSIONER FIALA: Thank you. CHAIRMAN COLETTA: Okay. With that, we're going to take a 10-minute break, then we'll continue the presentation at that time. Thank you very much. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, Commissioners, you have a hot mike. We are still discussing lOB, which has to do with the water restriction Page 146 April 24, 2007 measures. CHAIRMAN COLETTA: Did we get to you, Donna? MR. WIDES: Commissioners, good afternoon. For the record, Tom Wides, the Operations Director for Public Utilities. As Mr. Mudd has stated concerning the water use restrictions, there is a little bit more to this discussion that I'd like to share with you this afternoon. First off, if I just may make a note. Irrigation quality water, many know it as reclaimed water, but it is a mix of well water and reclaimed water. Irrigation quality water is not exempt, or another way of saying it, is part of these restrictions. So those using that type of water will be under the restrictions during the phases here. You'll find that on Exhibit A of your Exec. Summary pack. One other thing I wish to discuss with you this afternoon, this will come back before you in two weeks at the next board meeting; however, as part of the ordinance we adopted with your approval back in June of 2006, there is provision for a water restriction surcharge. It has basically -- although noted here three, basically has two important function to see it. Number one, it's an economic incentive to assist in promoting water conservation. Number two and three combined, it really does help maintain the financial -- the financial stability of the utility to maintain the revenue, the precious revenue sources to continue operations. Some of our variable costs do go away, but in fact, those fixed costs do remain in place during these restrictions. As a result of that, I'd just like to share with you what is current-- what is the current surcharge arrangement that's in the ordinance as it stands today, and this is ordinance 2006-27, schedule 1, appendix A. What it notes is currently -- is that in phase one there's a 15 percent surcharge on the flow basis of the water bill. In other words, the water bill has two mechanisms, a fixed percentage, which is a base charge, and also the flow charge that is based on how much you Page 147 April 24, 2007 actually use. The surcharge applies to the actual usage portion of the bill. But what you'll see is in the phase two, which is what we're in now, it allows for a 30 percent surcharge on that flow rate, phase three being a 40 and phase four being a 60. That is what's currently in place. However, at our next board meeting as an advertised public hearing item we're going to be returning to you with an alternate suggestion and proposal. Our proposal will be that in phase two, we would implement a 15 percent surcharge, phase three would be a 30 percent, and phase four would be a 40 percent. There would be effectively no surcharge at that first phase, which is similar to what we're doing today. Lastly, how do we apply that surcharge? What it is, it will be applied to the first billing cycle following the month after the water uses restriction is declared. That's really in place right now as we're designed right now under the ordinance. And, secondly, the surcharge will cease on the first billing cycle following the revocation of the water conservation restrictions. How will we apply it? What we have in place today is that for single-family and block rate structure -- excuse me. For single-family and multifamily homes, okay, it will be applied for consumption greater than approximately 10,000 gallons per month, okay. That's the second block. So the first 10,000 gallons would be -- would have no surcharge applied to it. Usage over and above that would. Under the nonresidential accounts for consumption greater than block one, we would implement the surcharge and it would be applied to all potable-water-irrigation-only accounts for all consumption starting right from the first -- from the first gallon. That's what we're implementing -- that's what we're implementing by ordinance as of today, however, we'll be back to you in two weeks for your guidance in terms of our recommendations. Page 148 April 24, 2007 And, again, our recommendations, just going back for a moment, would look as such in this page. I'm ready to entertain any questions that you may have. CHAIRMAN COLETTA: Okay. Now, if 1 understand correctly, it's twofold. One is to try to limit the amount of water that people are going to use, and number two, is to be able to make up the lost revenue that we lose because they're using less water because it's still going to cost X number of dollars to run the water facilities and to keep everything going forward. Does that about sum it up? MR. WIDES: Yes, Commissioner, that is correct. And I'll refer you one more time to the chart. To, in fact, promote that water conservation through an economic incentive, and number two, to maintain the financial viability of the utility during this period. CHAIRMAN COLETTA: Now, this isn't the first time we've been here. I mean, we've had similar situations happen in the past, and God knows it's going to happen again in the future. It's one of these boom and bust type situations. We've got plenty of water, and out of sight, out of mind, you know. Turn on the faucet and there it is. Get the grass just as green as you can, water every other day or whatever. At some point in time we're going to have to come to the realization that we have to do more than just become upset at that time of the year that we have the drought situations. Whatever happened? I remember 20 years ago there was all this xenscape. Do you remember that, Donna? It was a big, big issue, and everybody was out there. You know, plant less grass, bahaya, the Floratam, all that, just allowed in certain areas. COMMISSIONER FIALA: A big campaign going. CHAIRMAN COLETTA: Big campaign. And all of a sudden that thing went like many other ideas, at the time of plenty, you know, Page 149 April 24, 2007 it became less important and it went by the wayside. Is there any thought going on as far as at some point in time doing what they've done in some of the dryer states, like Arizona and Nevada, that new construction coming online is limited to how much green area they can have or what kind of green they can plant, water irrigation type of things where -- I'm sorry, what's going on? COMMISSIONER COYLE: Nothing. We were just supporting your position. CHAIRMAN COLETTA: Yes. The first place I want to turn the irrigation lines off is to Commissioner Coyle and Commissioner Halas's house. COMMISSIONER HALAS: I wish I had irrigation lines. CHAIRMAN COLETTA: Well, I tell you something, that's one thing that I'm very proud of is the fact that I don't have Floratam and I don't have bahaya. I've got native Florida grasses, and I'm real proud of what they produce. They're drought resistance, they're bug resistant, and they produce nice flowers if they get tall enough. Okay. Commissioner Halas? COMMISSIONER HALAS: Is there going to be a surcharge applied to people who are using reclaimed water, since we're trying to also save reclaimed water? I think we should have a surcharge on that. Or have you already put that into consideration? MR. WIDES: Commissioner, at this point in time we do not have that in place, okay; however, we can speak to that further. MR. DeLONY: For the record, Jim DeLony, Public Utilities Administrator. Sir, with -- the recommendation from staff would be not to do that and accept that we are going to implement the restrictions to make sure that any well withdrawal that's associated with our irrigation program meet the 30 percent reduction in terms of withdrawal. Until the underground storage reservoir, the reservoir we're -- the Page 150 April 24, 2007 aquifer storage recovery reservoirs in place for irrigation water, some of this operation still is a disposal operation for treated effluent. So there's effluent that needs to go in. Now, the good news is, it also serves to recharge the underground aquifer to some degree. By letting that water spill as irrigation water, you do get some recharge to the surficial aquifer. Somewhat limited, but it's still a benefit, and I think Clarence would agree with that. But at this stage of the game, given the fact we're going to troll very carefully through your ordinance, how that irrigation water goes out, particularly that which is from a well source, my recommend -- the recommendation of staff is to remain without that -- without a surcharge at this time. And now at some stage of the game that's certainly going to change where we can start -- where we can recover that water and store it, but at this stage of the game, we still have a need to dispose of that water in a reasonable, as well as a very efficient way, otherwise if there's excess water that no one's taking through the reuse system, then we have to dispose of that through deep well injection, and that's a lost resource. So at this stage of the game, that's where we're staying in terms of our recommendation. COMMISSIONER HALAS: Final question. How are you going to control people who have wells dug that are strictly for irrigation? MR. DeLONY: Sir, it's just part of the ordinance, enforcement that all of us are going to be part of, not just the -- with utilities. We have the sheriff, we've got the water conservation district, we've got Clarence and all the folks with South Florida, highlighted this to homeowners associations. There is a lot of self -- I don't want to use the word policing, but self-culturally acceptable, we're in a tough spot and we're all going to dig in and do it. We've seen already in the last two weeks reductions that are significant. Mr. Mattausch has some charts to show you from the water utilities standpoint that we've already seen people start to draw Page 151 April 24, 2007 back in terms of their overall utilization. I believe that that speaks of people who have wells as well. You know, this is for everybody. This is not just something for public utilities, but everyone who has a well in Collier County. These restrictions are in place for them as well. And so through a concerted effort of everyone I spoke to, I believe that we're going to get that compliance, substantial compliance. And if not, we will educate and, as necessary, obviously we have the capability to enforce as well. CHAIRMAN COLETTA: How does this chart track against the previous years? Because this is probably following also the decline of people leaving to go back up north. MR. DeLONY: Paul, would you like to address that? MR. MATT AUSCH: Yeah. Actually on this chart what you're looking at is two years superimposed on each other. The green line, if you look out at the left-hand side of this and follow that along, the green line is last year's demand. COMMISSIONER HALAS: Which one's the green line? MR. MUDD: This is the green line right here. CHAIRMAN COLETTA: Last year's demand, okay. MR. MATTAUSCH: Yeah. The green line is last year's demand. The red line is this year's demand. The blue dots are daily demand. And what that is is a 30-day average, the previous 30 days. So you can see within the last two weeks, our 30-day average has now slipped below last year's 30-day average, and we're seeing a reduction in demand on non-irrigation days, Mondays and Tuesdays specifically. In fact, yesterday, Monday, being a newly implemented non-irrigation day -- remember, we used to say Fridays are days. Now it's Mondays, Tuesdays and Fridays, okay. Yesterday was a non-irrigation day, and you can see our demand yesterday was 28 million gallons and some change. Now, normally on Monday we would have seen somewhere around 32 and a half million gallons. So the difference is approximately, yesterday, in fact, Page 152 April 24, 2007 about four and a half million gallons lower than what we would have seen prior to the restrictions. CHAIRMAN COLETTA: Thank you. Commissioner Henning? COMMISSIONER HENNING: Motion to approve staff recommendations. When you come back with a change, show us some financials. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: Okay. A motion to approve staff recommendations by Commissioner Henning and seconded by Commissioner Coyle. Any comments? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it 5-0. Thank you very much, gentlemen. Item # IOD RESOLUTION 2007-105: RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS (BOARD) TO CONSIDER OPTIONS FOR THE CREATION OF A FIRE REVIEW TASK FORCE TO REVIEW ISSUES AND CONCERNS RELATED TO FIRE REVIEW AND INSPECTIONS ASSOCIATED WITH THE Page 153 April 24, 2007 BUILDING PLAN REVIEW AND PERMITTING PROCESS; TO REVIEW THE BUILDING REVIEW AND PERMITTING PROCEDURES RELATED TO FIRE REVIEW AND TO REVIEW AND MAKE A RECOMMENDATION TO THE BOARD REGARDING THE AMENDING OF OR REPEAL OF COLLIER COUNTY ORDINANCE 2002-49, AS AMENDED BY ORDINANCE 2005-32, THE COLLIER COUNTY FIRE PREVENTION AND PROTECTION CODE PERTAINING TO ADOPTED STANDARDS AND CODES OF THE FLORIDA FIRE PREVENTION CODE PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION (NFPA), AS AMENDED BY THE STATE OF FLORIDA - ADOPTED MR. MUDD: Commissioner, we have a three o'clock time certain. This is a recommend -- and this is IOD. This is a recommendation to the Board of County Commissioners to consider options for the creation of a fire review task force to review issues and concerns related to fire review and inspections associated with building plan review and the permitting process; to review the building review and permitting process related to fire review, and to review and make a recommendation to the board regarding the amending of or repealing of the Collier County ordinance 2002-49 as amend by ordinance 2005-32, the Collier County Fire Prevention and Protection Code pertaining to adopted standards and codes of the Florida Fire Prevention Code published by the National Fire Protection Association, NFP A, as amended by the State of Florida. And Mr. Joe Schmitt, your Administrator for Community Development's Environmental Services, will present. MR. SCHMITT: Commissioners, good afternoon. For the record, Joe Schmitt, your Community Development Administrator. As you recall at the March 19th Board of County Commissioners Fire District Steering Committee joint workshop, you directed the Page 154 April 24, 2007 County Manager, come back to you with proposals to form a task force to review the issues associated with fire review and permitting and also whether we should continue to at least have in effect the local ordinance associated with specific requirements within Collier County. I've provided options, five options. One option, of course -- I can go through those. You have those in front of you if you'd like to discuss, but option one was basically the Development Services Advisory Committee. They would delegate that to a subcommittee. That subcommittee could be formed. It would be under the auspices of the chair of the DSAC. You could provide the chair any recommendations of this board that you think that subcommittee could consist of. Understand that that subcommittee could be members outside the DSAC. They would advertise and they would seek members from other disciplines or whomever or whoever was interested in being a part of that committee. As you know, the DSAC is already a board-approved and sanctioned committee, and I put extracts in there out of the -- out of our codes of laws and ordinances, specifically dealing with chapter 2 administration, the board's commissions and committees. The DSAC is certainly empowered well within their authority to review that. Option two was delegate to the Board of Adjustment of Appeals. That is a separate board. That is a board appointed as well. You approve the members of that. And the BOAA could review this, and we could have that presented to the Board of Adjustment of Appeals. But it was my recommendation as well that any change that was proposed by the DSAC would also be vetted before the BOAA before it comes to you, because I think that's an important element of review. The third option was create a task force combined -- or comprised of one member from the DSAC, from the Board of Adjustment of Appeals, from the Fire Steering Committee, one Page 155 April 24, 2007 member from the Planning Commission, and one member from the Productivity Committee. Option four was to create a task force comprised of three members each, three members from CBIA, three members from the Steering Committee, Fire Steering Committee, and three from the Productivity Committee. And option five, which was an option forwarded us by the fire commissioners, North Naples Fire Control and Rescue District, was basically to recommend -- and I lost that one. Let's see. That would be one member from the CBIA, Collier Building Industry Association, one member from the Collier County Building Department, one member from the Collier County Fire Code Official's Office, one member from the American Institute of Architects, one member from the Fire Marshals Association, and one member from the Fire Steering Committee. Of course, if you picked options three, four and five, you would -- there would be a requirement to ensure that, based on your direction, of course, that they follow the guidance in accordance with what's defined in the Collier County Codes of Laws and Ordinances regarding the formation and creation of boards, so there would be certain requirements that would have to be met informing those special task forces. So with that, I open it for your discussion. That's pretty much my introduction, and subject to your questions, that concludes my presentation. CHAIRMAN COLETTA: Do we have any speakers? MS. FILSON: We have five speakers. CHAIRMAN COLETTA: Okay. We don't have any lights on over here, so why don't we go to the speakers. MS. FILSON: Okay. Chuck McMahon. He will be followed by Bill Schrek. CHAIRMAN COLETTA: And all the speakers have three Page 156 April 24, 2007 minutes for their presentation. MR. McMAHON: Commissioners, if I may, one of the things also that was in the direction that you were hoping to have was the Fire Service Steering Committee was to be involved in these options, which we were not at this point in time. We took it back to our last Fire Service Steering Committee. We turned it over to each district to take back to their districts for support to bring it back to our Fire Service Steering Committee, which is Thursday night, so we were unable to meet your timeline to be able to be part of this. We're hoping that maybe you can give us another month to get this put together so we can bring our options to you also as a joint united Fire Service Steering Committee so that the fire commissioners can work on an even level with the county commissioners to make everything work out right. Because we can't move forward unless we're all on it together, and we'll probably have to have another workshop in order to make this happen. I don't think you're going to be able to do it with just your approval on it because it's kind of a joint thing that we're going to need to do with all of us. I really don't see it happening by direction from the county itself. So I would hope that you would give us another month so we could take it back now that we've had -- all the districts have taken it to their meetings. We have our meeting Thursday night so that we can come up with what we feel that we'd like to present to you as a joint fire service countywide steering committee to work with the county. That's all I got. CHAIRMAN COLETTA: Thank you, Mr. McMahon. MS. FILSON: The next speaker is Bill Schrek. He'll be followed by Heather Henning. MR. SCHREK: Good afternoon. As a contractor and going through the last three years of review between the building department and the fire department and being delayed anywhere up to six months Page 157 April 24, 2007 in getting permits because of the confusion and maybe the procedures involved, I really feel this needs to have as much input from the construction industry as it can on the committee. I think the DSAC's a really good way to do this with the guidance of maybe Ed Riley and Bill Hammond sitting in as part of the program. But really, all we want to do is build good buildings and stop costing developers and builders 6 percent interest on their money over a one- to six- to seven-month period in getting reviews done. I know if you had a house out there and you wanted to get it going, you would not want to pay interest while the permit process goes on. And these are very good people that work for the county, both in the fire department and the building department, but there's something lacking in the efficiency and the direction that gets something done. I could not build buildings the way they go through the permitting process. Thank you. CHAIRMAN COLETTA: Thank you. Commissioner Henning, did -- MS. FILSON: Heather-- CHAIRMAN COLETTA: I'm sorry. MS. FILSON: Heather Henning. She'll be followed by Bill Varian. MS. HENNING: Good afternoon, Commissioners and guests. My name is Heather Henning and I currently serve as the presidential appointee on the executive committee of the Collier Building Industry Association, and I am president of a local contracting company. It's my pleasure to be able to address you today on behalf of the Collier Building Industry Association. We have read the executive summary prepared by Mr. Schmitt and are encouraged this process is moving forward as the association is looking forward to working with the local jurisdictions, professionals and the public, to create a more workable solution for our building members and our clients. Page 158 April 24, 2007 With that having been said, the building industry would like to advocate on behalf of the option one where the Development Services Advisory Committee creates and leads a fire review task force. As a DSAC is already established, we are in favor of not creating the wheel and believe the DSAC is well equipped to work with all the appropriate stakeholders toward a more streamlined and workable solution. We feel our industry would be fairly represented, as there are CBIA and building members on this committee. DSAC is the best entity best qualified to look at this issue since these individuals possess the technical knowledge and are most qualified to address the Florida Building Code and the Fire Prevention Code in a logical and equitable manner, keeping public safety as a high priority. Finally, the DSAC was formed for the very purpose of handling this type of issue, and based on the executive summary, they would be well within their scope of responsibility to handle it without board initiative; however, since the Fire Review Task Force is such an important issue for the industry and the community, the blessing of the Board of County Commissioners on option one would be welcomed. On behalf of the CBIA, thank you for your time and your consideration. MS. FILSON: Bill Varian. He'll be followed by Karl Reynolds. MR. VARIAN: Good afternoon, and thank you for allowing me to speak. For the record, my name is Bill Varian, CGR caps (sic). I am president of Varian Construction Company here in Naples, a resident of Golden Gate Estates. I am your 2007 DSAC chairman, also, as we talk about this. You have before you an executive summary with five options, creating a task force to look into building and fire review processes and inspections. I am here to ask you to allow DSAC, under option number one, to create and oversee such a task force. This is what DSAC was intended to do. Page 159 April 24, 2007 As chair, this is one of my goals, was to look to duplication of reviews and how we can effectively decrease review times without jeopardizing public safety, the main reason why you have codes to begin with. The composition of this committee should include people who are knowledgeable with the Florida Building Code, the Florida Fire Prevention Code, and the workings ofCDES, community development. If, as commissioners, you would like to make recommendations to DSAC as to who should sit on that task force, we'd like to take that under consideration, but I must ask you to allow DSAC to make the final decision who and how many sit on that task force. Both codes have areas of duplication in the review process, and are needed; however, we believe that there are areas that the building department is looking at and areas that the fire departments are looking at that they may not need to be doing. It's a large process that we need to be looked at. The task force can look at this as well as other municipalities and districts around the state, how they handle these issues. This will not be an overnight response. It takes months to look at all these issues bringing in local and state leaders and research other processes to come up with the recommendations for your consideration. Builders like myself, we want efficient and timely reviews with public safety uppermost in our mind. So I ask you strongly to consider option number one. Thank you. MS. FILSON: Karl Reynolds. MR. REYNOLDS: Good afternoon, Commissioners. Karl Reynolds, North Naples Fire. Just to basically go along with what Commissioner McMahon had said, was basically the districts was asking for it to be basically just postponed until after the steering committee could meet with all the recommendations from all the districts, and that's basically all I have. Page 160 April 24, 2007 CHAIRMAN COLETTA: Thank you, sir. MR. REYNOLDS: Thank you. MS. FILSON: That was your final speaker, Mr. Chairman. CHAIRMAN COLETTA: Okay. Commissioner Henning, did you have something? Oh, you had your light on earlier. COMMISSIONER HENNING: Yes, I do. You know, this is really not our problem. It's really the fire districts' problem, in particular East Naples since they administered the fire plan and review. My recommendation, and I hope that we can do it, is the chairman to write a letter to the Fire Steering Committee to put together a group, including members from Collier County's Development Advisory Board Committee and Board of Adjustment Appeals, and not to have any government employee on there. I'm afraid if members of the building industry might say something, there would be retribution or the concern of retribution. In order to resolve this issue, I think all concerns ought to be addressed. That's my recommendations, and I'll make that in the form of a motion. (No response.) CHAIRMAN COLETTA: Okay. Motion failed. Doesn't mean don't come back -- come back with another one soon, I'm sure. COMMISSIONER HENNING: Yeah, I'll make another one right now, if you want. CHAIRMAN COLETTA: Well, let's give Commissioner Halas a chance, then we'll be back to you. Turn your light back on. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: Yeah. Looking at this, I got to go along -- it's too bad that we've gotten to this point in time when it takes six to eight months, almost a year sometimes, to get through the permitting process. And, of course, we've taken a lot of heat ourselves here as county commissioners. Page 161 April 24, 2007 I'm going to make a motion that we go with option one, and I think that hopefully that will be the way -- the direction that we need to go here to address this very important issue here in Collier County in regards to what's happening here with our codes here with the inspections at the -- when the fire commission gets involved in this. So, again -- my motion is option one. CHAIRMAN COLETTA: Okay. I'll second your motion. COMMISSIONER HALAS: Okay, thank you. CHAIRMAN COLETTA: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. I understand that this affects the building community the most, but I think that being it's the fire service that they're trying to work with, I think what we ought to be doing is having a committee comprised of more than just DSAC. I think we must have other people on there. I would really like to see us give them one more chance to give -- to put their recommendations together and make the final decision next month. I think they've been working at it. I think they've been working diligently. Don't you sit on that committee, too? COMMISSIONER HENNING: I go to them. COMMISSIONER FIALA: And so, I would suggest we wait one more month till we -- but definitely it has to be heavy with DSAC or CBIA members. I had some recommendations myself, but if they want to wait one more month and come up with a final recommendation to us, because they're the ones that it affects most, I'm willing to wait. CHAIRMAN COLETTA: I'll ask the motion maker. COMMISSIONER HALAS: Nope. My motion still remains. CHAIRMAN COLETTA: Okay. COMMISSIONER HALAS: Something we've got to address here. It's been going on for a couple of years now. See where it goes. CHAIRMAN COLETTA: Okay. We have a motion by Commissioner Halas, a second by Commissioner Coletta. Page 162 April 24, 2007 Any other discussion? Commissioner Coyle? COMMISSIONER COYLE: Yeah. I'm concerned about the timing. Actually -- actually option number one does require that there be representatives from the fire departments and the Fire Chiefs' Association and all that sort of thing, so there will be a balanced membership there. As a matter of fact, it says that the selected members of the development community and related stakeholders nominated by the CBIA, the American Institute of Architects, fire inspectors, members of the community, or any other organizations deemed appropriate, Collier County building official, Bill Hammond, and Collier County fire official, Ed Riley. And so it looks like the guidance is to make sure that the committee is very broad in membership. But once again, I -- I hesitate to ignore the request of the fire districts to at least give them some time to give us a recommendation. So I'd just like to -- before I vote on this, I'd like to understand what's likely to happen. They're going to meet, Chuck, when, Thursday? MR. McMAHON: We meet Thursday. COMMISSIONER COYLE: Of this week? MR. McMAHON: Yes, sir. COMMISSIONER COYLE: Then why do we need a month then before we reconsider it? MR. McMAHON: Commissioner Coyle, as you know, as being a commissioner and meeting your -- what you guys -- how you meet, the fire districts meet once a month. We've had our meeting on the 19th. Our next meeting -- some of our board meetings had already been in session before the 19th, so we had to wait until our April meeting. We came in our April meeting, we talked about it, but we can't do anything because we have to have board approval from each individual board, which we've gotten. Right now we've got a positive flow with the five fire districts to work together with the county to Page 163 April 24, 2007 bring this together. But it takes time because -- we meet once a month. Each district meets separately. COMMISSIONER COYLE: Yeah, I understand. But what happens after Thursday? Would there be some decision from the fire districts, some recommendation as to how we -- you would like to see us proceed? MR. McMAHON: I'm sure what will happen is that we will come together Thursday, we will put a few hours into this. We will talk about what options that we have possibly out there. Unfortunately, we've got to take it back to the boards for one more approval and come back. So we're still going to be beating up on it. I mean, our problem is that we have different boards and we all work together. That's what the Fire Service Steering Committee does. COMMISSIONER COYLE: And if you go back to the boards, you'll do that in May, I presume. What would be the timing in May to do that? MR. McMAHON: It would be the third -- or the fourth Thursday of the month is when we would meet again after -- COMMISSIONER COYLE: So that would miss us again, and then we would have to take it up into June sometime. CHAIRMAN COLETTA: And we're going on summer break. COMMISSIONER COYLE: Yeah. COMMISSIONER FIALA: You're going to have to call some special meetings. MR. McMAHON: We could possibly try to call a special meeting of the steering committee. I mean that's -- COMMISSIONER FIALA: Because you --I'm sorry. You'd have to have the information to us then so we can have -- we can have something written up for us to discuss and to study before the meeting. MR. McMAHON: Ifwe have to call a special meeting, that's not a problem. We can do that. I still think -- and I share with you, I think that we need to be able to sit down again at a workshop to really Page 164 April 24, 2007 hammer it out because you are all part of that. Unless you're going to give Commissioner Henning and the steering committee the direction to work on your behalf. COMMISSIONER HENNING: They're not going to direct me to do anything, trust me. MR. McMAHON: I know. But it's there. COMMISSIONER COYLE: I would be willing to give him the authority to do that. He knows what he's doing. He's a good guy. But here's my problem. We are not going to do this, that is, we are not going to be the ones making the decision about what needs to be done other than the fact we're recommending an organizational structure to do it and providing guidance about who participates in that committee. So I don't think that we are going to be sitting around in a meeting deciding how we solve this problem. All we're going to be doing is just saying, hey, we think this is the proper committee to form and this is the proper membership, so go out and do it. I'd hate to get into a series of meetings with the fire district officials and the commissioners before we could ever even decide how we're going to create a committee. MR. McMAHON: I understand that, Mr. Coyle, and to be honest with you, there again, the Fire Service Steering Committee itself is set up to do that, and that's why we -- that's where we can do it. We've voiced our opinion about that before. We are set up. We do have a county commissioner that comes to the meeting now, and we have, you know, the chairman of each individual district coming to the meeting. We're advertised, we're safe under the sunshine law. I mean, there's a lot of -- maybe that's where we can hammer it out, coming up on Thursday. I would hope so. We've got pretty much direction from our boards to come together at the steering committee and hammer it out. We could possibly go and do that. I know that my board will go with whatever Page 165 April 24, 2007 my recommendation is, and I more than likely don't even need to take it back because they said whatever I want to do. They gave me that, you know, freedom to bring it together with our options. All it is is options at this point in time. CHAIRMAN COLETTA: Commissioner Coyle, can I point out something to you -- COMMISSIONER COYLE: Sure, sure. CHAIRMAN COLETTA: -- that I'm sure's already evident. One, it is a balanced board. They're nothing more than an advisory board. They're going to be taking it through the public process. Before any decisions are made, it's going to come back to us at least once, ifnot a number of times. So I got a feeling the only thing we're running into is an action that's going to delay the progress that we've been looking for. COMMISSIONER COYLE: Yeah, that is disappointing, but I'm -- I really don't like the idea of ignoring the input from the fire districts, and that's what bothers me is that I wish we'd had this input earlier. But I guess bottom line is, the committee is going to have to be a committee that is represented by all stakeholders, and I don't see it being all the fire district membership making this decision with just some testimony by people who walk into the committee meeting. I think it -- everybody -- the stakeholders have to be together, they have to be equal, and they have to be heard in order to hash out some kind of reasonably acceptable solution and then bring it back to this board, and the fire districts then can react to any recommendations that might occur there, but -- well, there's a motion on the table -- CHAIRMAN COLETTA: There is. Commissioner Fiala wants to speak. COMMISSIONER COYLE: -- so I won't belabor it. COMMISSIONER FIALA: I just wanted to say, if you -- if we brought it back in a month -- and I realize right now I'm -- I don't Page 166 April 24, 2007 know how far -- you know, how many supporters I would have on that, you'd have to have this all done, ready and in a neat package to our County Manager at least a week before the commission meeting, so you don't even have a month. I mean, you have three weeks in order to get the whole job done, and that's it, or we'll do it for you, okay? MR. McMAHON: We'll try to do what we can. COMMISSIONER FIALA: No. The answer is, yes, we can do it, you see, and that way it will give us more confidence and fighting power. CHAIRMAN COLETTA: Spoken like a mother. Commissioner Halas? COMMISSIONER HALAS: Yeah. I have some concerns that all of a sudden the fire commission comes before us -- now we had a workshop in regards to what we felt needed to be done, and I think there was adequate time to address this, instead of coming in here the 11 th hour when we're trying to figure out the best way to approach this. So that's some of the concerns that I have. And as was brought up by one of my fellow commissioners here, Commissioner Coyle, in regards to who was going to be on this committee I think that in order to get this thing moving and figuring out what needs to be done -- it's too bad that we've gotten to this point in time because of the fact of people that are in the building industry. In fact, we, ourselves, here in the county, we ran into a couple of stumbling blocks in regards to concerns that came up in the construction of projects here in the county that ended up costing us substantially more money. And I think at that time is when somebody should have taken the initiative on the fire districts and said, hey, enough is enough. And it wasn't -- there was no initiation on their part. It was until at that point in time when we called a workshop to try to sit down and Page 167 April 24, 2007 hammer things out. And then, of course, we've had a number of people come before the Board of County Commissioners telling us some of the problems that they were incurring. And staff spent a lot of time on trying to figure out options and what we could do, what direction we needed to go. So I'm hoping that I'm going to get enough support here to take care of this thing and hopefully get some restitution to what's going on out there. CHAIRMAN COLETTA: We have a motion by Commissioner Halas, a second by Commissioner Coletta. Any other comments? I'm sorry, Commissioner Fiala? Mr. Weigel? MR. WEIGEL: I'd appreciate it if you could restate the motion, if it is to go with objective one, is that -- COMMISSIONER HALAS: Option one. MR. WEIGEL: Option one? COMMISSIONER HALAS: Yes. MR. WEIGEL: Is that, therefore, is to have DSAC -- COMMISSIONER HALAS: That correct. MR. WEIGEL: -- with a task force that goes beyond the DSAC members themselves. Technically then your DSAC, as constituted under its ordinance, cannot include a membership, a voting membership, beyond those members ofDSAC, so it's more than a mere subcommittee of DSAC, and I would suggest that you, in essence then, just so you know this, are creating an ad hoc committee composed of DSAC and additional representatives to be determined, and it's either going to be determined by your express designation here today or it may have to come back to you if DSAC is going to be making a determination in coming back to you. So I wanted you to get as much done today as you can. It would appear that you're actually creating an ad hoc committee. CHAIRMAN COLETTA: Let's go with Mr. Schmitt first. Mr. Schmitt? Page 168 April 24, 2007 MR. SCHMITT: Yeah. And I respect the County Attorney's opinion. I believe the option one was basically -- the DSAC would form a subcommittee. The subcommittee could report back to the DSAC, and the DSAC would be the element to come and report to you, unless you prefer what David just proposed, and that was that you empower the DSAC to inform that -- to form that task force. And of course, then that would be a separate committee. MR. WEIGEL: I just -- no. I just wanted to be clear that if DSAC is going beyond its membership as opposed to a mere subcommittee of its membership, that that is, in effect then, an ad hoc committee that this board is authorizing right now. MR. SCHMITT: But we do that. We have subcommittees, we have utilities subcommittee, we have other subcommittees of other members who are subcommittee members who then report back to the primary committee, and then the committee forwards their recommendation, so -- MR. WEIGEL: Okay. Well, if they're not members of the committee in chief, they're really not subcommittee members, is what I'm telling you. MR. SCHMITT: Okay. All right. CHAIRMAN COLETTA: What clarification do we need on this so that we can move forward with no doubts in anybody's mind what we're doing? COMMISSIONER HENNING: Vote on the motion. CHAIRMAN COLETTA: Well, I thought it was clear, but I mean, the County Attorney doesn't, so I have an issue. MR. WEIGEL: Well, I just wanted to make it clear that your authorization, if it is to have members working with DSAC who are not committee members of DSAC, you're, in essence, creating a new task force or an ad hoc committee, and that is fine, and you can do that today, but you would want to, to the extent possible, identify all members of that ad hoc committee that you're creating, and then Sue Page 169 April 24, 2007 can administer it to the extent that it exists and completes its task. But DSAC does not have, through its own authorization, its own ordinance, does not have the ability to give equal authority to persons that are not on the committee to serve as part of a subcommittee with it. Just doesn't have that authority. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Yeah. The option one actually provides two alternatives within it for the selection of the people to serve on the subcommittee. That is partly the cause of the confusion. So if we were to say that we're creating an ad hoc committee consisting ofa couple of members ofDSAC and that we will then solicit and approve other nominations for membership, then we have created an ad hoc committee that is not subordinate, but their recommendations could very well be routed through DSAC and come to the Board of County Commissioners for review. Now, the reason that I think we could take that alternative of selecting the nominations is that we then would have time to permit the fire districts to nominate their members so they can get their names to us pretty quickly, and we can make sure that they are properly -- properly represented on this committee, and any other stakeholders that we think are appropriate could be considered for appointment to that ad hoc committee. So I think that would solve most of our problems, wouldn't it, David? It would let us create an ad hoc committee that is legally formed, not subordinate to DSAC, and still use DSAC as an advisory committee to review and make recommendations on the committee's findings before they come to us. CHAIRMAN COLETTA: Commissioner Halas, you're the motion maker. COMMISSIONER HALAS: I got a question to ask the County Attorney. Did you go through this document before it was presented to us? Page 170 April 24, 2007 MR. WEIGEL: I'll say that, yeah, we -- as a staff we reviewed it. COMMISSIONER HALAS: Okay. Then why wasn't all this worked out prior to bringing this forward to us by you and the -- and community development? MR. WEIGEL: Oh. Well, no, I -- no, we did not see this until it became part of the published agenda as far as that goes, and then we do our review. COMMISSIONER HALAS: Well, if you had questions on it, why didn't you have -- either have it pulled because the clarification wasn't clear here -- instead of getting into this 11 th hour here of telling us now that there's some fine lines here that haven't been addressed. MR. WEIGEL: Well, I really wasn't telling you how not to do it. I was telling you how you could accomplish your desire. COMMISSIONER HALAS: I pull my motion. CHAIRMAN COLETTA: Okay. COMMISSIONER HALAS: 1 don't think we've got enough information here. CHAIRMAN COLETTA: The motion's been pulled. Commissioner Fiala? COMMISSIONER FIALA: Yeah. I just wanted to ask if -- back with what, Commissioner Coyle, if that all happened, they don't really have to report to us at all or get our approval for anything because it would be DSAC who would make all the decisions? COMMISSIONER COYLE: No, no, no, no, no. As I understand what the County Attorney has told us is that DSAC doesn't have the authority to create an official subcommittee, so we would have to create an ad hoc committee, and that ad hoc committee would consist of whatever stakeholders we thought should be included on the committee, and then the committee could make recommendations which then would be routed through DSAC and any other advisory committees that we wanted to route it through to make sure we've gotten a broad enough view of the recommendations, and then they Page 171 April 24, 2007 would come to us, and then we could make some decisions based upon that. Now, that's going to take longer than today to do because you're going to have to advertise for those things, and we're going to have to depend upon the fire districts to get their nominees for membership on that committee to us, and -- but we can identify the stakeholders. They should be the development industry, they should be the fire districts. They should be citizens. They should be the people that are already mentioned here. And we could just ask Sue to advertise for those and -- MS. FILSON: Shouldn't the County Attorney or someone prepare a Resolution creating the committee before advertising -- COMMISSIONER COYLE: Yeah. MR. WEIGEL: Well, we would do-- COMMISSIONER COYLE: We could do that in the interim. MR. WEIGEL: If the board passes this, we just do it. COMMISSIONER COYLE: Yeah, yeah. So you could make the decision to do it today, and then the County Attorney could create the resolution, you could do the advertising, we could get the nominations. Next meeting hopefully we'll be in a position, or the meeting after that, hopefully be in a position to actually create the committee, make the selections, and get them to work. CHAIRMAN COLETTA: Is that in the form of a motion? COMMISSIONER COYLE: I would make that as a motion, yes. CHAIRMAN COLETTA: Okay. And I'll second that. COMMISSIONER HALAS: What about the County Attorney? COMMISSIONER COYLE: No, no. It's too difficult ajob. CHAIRMAN COLETTA: We have a motion by Commissioner Coyle, a second by myself. Mr. Weigel, anything? MR. WEIGEL: No, that's just fine. We understand. CHAIRMAN COLETTA: Mr. Schmitt, is there -- Page 172 April 24, 2007 MR. SCHMITT: Yes. Just for clarification on page 5 of7 under section 2.828, we are going to follow those rules as specified in division two of your standards and creations of review boards, so we'll adver -- we'll come back with a resolution and we'll advertise for the formation of a special task force then for this. CHAIRMAN COLETTA: You don't agree, Mr. Weigel? MR. WEIGEL: Well, we'll do a resolution pursuant to your approval today, and the only thing left to do then is appoint the members. COMMISSIONER COYLE: That's right, that's right. COMMISSIONER FIALA: And will that give us time then to hear from the fire -- COMMISSIONER COYLE: Sure, because they could respond to the advertisement to appoint members. COMMISSIONER FIALA: Okay. Did you hear that? MR. REYNOLDS: I disagree with that. CHAIRMAN COLETTA: Don't invite comment from the audience unless you get the chair to nod to it, then I'll address them to come up front. COMMISSIONER FIALA: Okay. I'm sorry. CHAIRMAN COLETTA: Now you got them going. COMMISSIONER FIALA: I'm sorry. CHAIRMAN COLETTA: Okay. MR. REYNOLDS: You guys aren't prepared, and then you won't give us time to do what we got to do. What's the difference? Damn. CHAIRMAN COLETTA: Okay. We have a motion, we have a second. Any other comments? (No response.) CHAIRMAN COLETTA: Hearing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: Aye. Page 1 73 April 24, 2007 COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Okay. Let the record show Commissioner Fiala and Commissioner Halas were opposed. Item #1 OC RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS PROVIDE THE COUNTY MANAGER OR HIS DESIGNEE DIRECTION AS TO THE MANNER FOR CALCULATING ALLOWABLE WETSLlPS WHEN A PROJECT SHORELINE IS WITHIN A CONSERVATION EASEMENT- MOTION FOR THIS ITEM TO BE BROUGHT BACK FOR POSSIBLE INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE - APPROVED MR. MUDD: Commissioner, that brings us to 10C. It's a recommendation that the Board of County Commissioners provide the County Manager or his designee direction as to the manner for calculating allowable wet slips when a project shoreline is within a conservation easement. Bill Lorenz, your director of your environmental department, community development, will present. MR. LORENZ: Yes, thank you. For the record, Bill Lorenz, environmental services director. Good afternoon, Commissioners. The purpose for this item is to come back at the board's direction from a December 12th meeting, I believe it was, and provide the board a report on how staff has been applying the shoreline calculations for wet slip densities from the Manatee Protection Plan criteria specifically when those -- the shoreline is present within a Page 174 April 24, 2007 conservation easement. Up to about a year ago the staff had excluded the shoreline that was within the conservation easement from those calculations. The net effect of that would be, of course, you would have less boat slips for a multi docking boat facility if you exclude the shoreline within the conservation easement from that calculation, and that was based upon some earlier discussions in the early to mid I990s with review staff and some other County Attorney staff that are no longer here in terms of the County Attorney's Office. But the staff had that understanding that the application of the calculation for shoreline and conservation easements would be excluded from that total calculation. We want to note that the Manatee Protection Plan -- both the Manatee Protection Plan and the Land Development Code do not make any distinguishing -- or do not distinguish between total shoreline and shoreline within conservation easement. So those two documents are silent with regard to the definition of shoreline. Currently the staff is applying the requirements the -- that the County Attorney's Office had reviewed a project about more than a year ago in which case the guidance to environmental review staff was to evaluate -- first evaluate the conservation easement to determine whether the conservation easement would or would not allow the shoreline to be in the calculation, and only after reviewing that conservation easement would the calculation be made. Now, typically probably most conservation easements is not going to identify the shoreline calculation within the conservation easement, except there is a situation, and talking with some of the permitting folks who are involved with some state permits, the state will require -- when they go to a state permitting -- to permit the boat slips, the state will make certain calculations, and then they will request a conservation easement to be placed upon the area with the determination that no more -- that that shoreline cannot be used for Page 175 April 24, 2007 further calculations. But we want to make sure we don't get into a chicken and egg situation because they're going to the state for that particular permitting requirement as well. One thing I want to make clear too is that during this particular situation, we're talking about calculations for the maximum allowable boat slips, not the -- not the location of where those boat slips are. For instance, it's almost -- it's almost analogous to when you calculate density, the amount of residential units, let's say, on a project site, you calculate your -- you calculate the number of units based upon your gross density, then you set aside your preserve area, put a conservation easement on it, but you've used that preserve area in your calculation, so it would be very similar to that, and then you would cluster your boat dock, so to speak, in an area that's outside the conservation easement. So I just want to make it clear, don't confuse the calculations with the location of the facility itself. We're simply talking about utilizing the shoreline within the conservation easement to make those calculations. COMMISSIONER HENNING: Commissioner Coyle? COMMISSIONER COYLE: Bill, I don't understand why you would permit the shoreline of the conservation easement to be included for the purpose of calculating the maximum number of slips. Why would you do that? I mean, the purpose of the shoreline is to protect the shoreline, right? I mean, why would you include that protected area in the total shoreline area for determining maximum allowable slips? MR. LORENZ: Well, the -- it kind of gets back to the analogy again, gets back to the idea of, if you're looking at a residential development and you've got -- and you're doing a gross density with regard to the total area to calculate your number of residential units, then you cluster them outside your conservation easement. The same Page 176 April 24, 2007 argument can be made in this situation, is that you're making the total calculation, you're clustering your boat slips outside of the conservation easement, but you're utilizing the shoreline in the calculation total -- for the total number of boat slips. COMMISSIONER COYLE: Yeah, I guess I understand the similarity, but I don't even like the other one. I don't even like using total acreage for calculating allowable density. I think -- I think the conservation easements on property should not even be included for calculation of density, quite frankly. MR. LORENZ: Well, the staff -- as I said, earlier, before we received the guidance from the County Attorney's Office, the staffs -- the staffs idea was along those lines, that because it was in a conservation easement it should not be allowed in the calculation. COMMISSIONER COYLE: Yeah, yeah. MR. LORENZ: But there is no -- but there is no explicit direction in the Manatee Protection Plan or the Land Development Code directing staff one way or the other. And as I said, when an issue did come up and we had discussions and got information from the County Attorney's Office, it was their guidance to look at the conservation easement language first, and that's what we've been doing since -- for the year and a half. COMMISSIONER COYLE: Do we have the authority to make a more restrictive ruling on this? MR. LORENZ: Yes. This is -- quite frankly, this will be -- this is a policy decision for the Board of County Commissioners to give direction to staff as to how you would want to see this to be interpreted. COMMISSIONER COYLE: And we could do it -- we could do it both for shorelines and conservation easements as well as for acreage within a PUD where there were preserves or other environmentally sensitive lands. MR. LORENZ: Well, that's a whole different -- that's a whole Page 1 77 April 24, 2007 different issue, of course -- COMMISSIONER COYLE: Oh, it is, okay. MR. LORENZ: -- and I'm not prepared to speak to that. COMMISSIONER COYLE: Okay, all right. Okay. That's a different issue, then let's not -- let's not get into it if it's a different issue. Let's not complicate things too much, okay. MR. LORENZ: One thing, we do -- we do exclude the tidal submerged lands from that density calculation. COMMISSIONER COYLE: Okay. MR. LORENZ: 1 think -- and I believe the board did that or adopted that policy maybe two or three years ago. It's in the recent past. COMMISSIONER COYLE: Okay. COMMISSIONER FIALA: Yeah. That was the submerged lands, you mean? COMMISSIONER HALAS: That's right. MR. LORENZ: The marine tidal wetlands, I believe it is. COMMISSIONER COYLE: Okay, okay. I understand. MR. LORENZ: But staff -- staff, of course -- that's the background in terms of where we are with the issue. At the moment my recommendation is to follow the County Attorney's Office subject to any other direction from the Board of County Commissioners. And to the degree that we get any -- whatever policy direction we get from the board today, the recommendation is to go ahead and codify that in the Land Development Code, and then we can work out all the finer points and the details to make sure that everything is working smoothly. Currently we don't even have the definition of shoreline in the Land Development Code. COMMISSIONER COYLE: Yeah. Well, I guess my problem, just as a general statement of position, is that I would prefer not to include any conservation easement shoreline in the calculation of total Page 178 April 24, 2007 allowable slips. COMMISSIONER HALAS: Make that as a motion? COMMISSIONER COYLE: Yeah, I would make that as a motion. COMMISSIONER HALAS: And I'll second that. CHAIRMAN COLETTA: Okay. Let's go to Commissioner Halas now. COMMISSIONER HALAS: My understanding is a conservation easement, if it goes to the water's edge, then that also carries into the surrounding waters, is that correctly -- is that correct? MR. LORENZ: Well, the conservation easement is the easement over the property that the property owner owns, and that -- and the property owner still owns the underlying property, but the conservation easement prohibits a number of different activities or simply allows only certain activities. If it's -- if that ownership -- if those -- COMMISSIONER HALAS: Goes down to the water's edge. MR. LORENZ: Well, if it -- there are situations in Florida where a property owner may own water bottom, but typically the water bottom is owned by the state, and that's why, to do any work within the state lands, you have to get a submerged land lease. COMMISSIONER HALAS: Okay. If there was a bulkhead that separated the conservation easement from the water, then -- because in this case I think we're discussing conservation easement that butts up against the edge of the water and then basically continues out on the waters, right? The conservation easement is directly right next to the water that we're talking about where the docks would go in; is that right? MR. LORENZ: Well, for this discussion, the shoreline -- if we're talking about, what is the delineation of the shoreline, typically the conservation easement will come all the way up to the vegetation. Typically in a mangrove system, that's going to be -- that's going to be Page 1 79 April 24, 2007 your definition of shoreline. So the conservation easement would go to that point, and then the rest of it would be open water. COMMISSIONER HALAS: Okay. Suppose you had a conservation easement and you had a bulkhead such as a seawall, what would that then become? Would there be a separation of where the conservation easement ended and the seawall started, and the waters themselves? MR. LORENZ: Yes. You could have that situation. COMMISSIONER HALAS: Okay. But what happens if -- in a situation that I think we're all discussing here is where you have a conservation easement, you have mangroves that go all the way down to the water's edge, and in case -- in some cases it's in the water's edge? MR. LORENZ: We would have to define what the definition of shoreline would be. The state -- the state -- COMMISSIONER HALAS: What's the state say? MR. LORENZ: The state has a definition -- I have to look back at the details because it gets to be fairly complex, because what they look at is certain -- within concern dates if have you some type of water structure in the water, they would consider it a shoreline, and other situations they wouldn't, so that's what I'm saying. The definition of shoreline's going to need to be worked out in some detail through the Land Development Code process. But if the general policy is that you don't want to include that area within the calculation of shoreline, we'll have to address that somehow in the drafting of the amendments. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Commissioners, when we did the removal the calculation of submerged land, we did it through the proper process, and that would be an amendment. I think it was to the Growth Management Plan. Might have been included in the Land Development Code. I would recommend to the motion maker to put Page 180 April 24, 2007 that into his motion to give the direction to make any amendment to the Land Development Code, therefore, the public is aware of it, it's not a hidden policy document and blah-blah-blah. COMMISSIONER COYLE: I think Commissioner Henning is probably right. Doing it on the fly here is not really the way to do it. It deserves a public hearing. CHAIRMAN COLETTA: Yeah. I understood it all except for the blah-blah-blah, but I'm not up on all the legal language. With that, we have a motion. We have a second. MS. FILSON: And we have three speakers. CHAIRMAN COLETTA: Three speakers, and we're going to listen to the speakers next. MS. FILSON: Rich Y ovanovich. He'll be followed by Bruce Burkhard. MR. YOV ANOVICH: Good afternoon. For the record, Rich Y ovanovich on behalf of Signature Communities. If you'll recall, this actually came up as a discussion item related to the Cocohatchee Bay, Bert Harris settlement discussion, and there was going to be a report back to the commission. We assumed that we would be given plenty of notice as to when this item would be discussed so we could review the item and potentially meet with each of the commissioners individually . We found out about this Friday of last week, so obviously we didn't have an opportunity to get involved in the process. I think it is -- I think what Commissioner Henning suggested is probably the fair route to have this be part of an LDC amendment so not just Signature Communities, but other potentially affected property owners, can comment on the merits of what's being proposed. I would like to remind the commission that when you own waterfront property, you have riparian rights. And just because you are willing to put a conservation easement on a portion of your property doesn't mean you lose those riparian rights related to that Page 181 April 24, 2007 property in the first place, and one of those riparian rights is to be able to enjoy the waterfront, including docks. The state has a process that it goes through. You know, Bill didn't go through it in great detail. Hopefully we'll go through an LDC amendment process to where we can hash out why the state does what the state does relating to boat docks and how they calculate the number of boat docks related to the property. But there is a process you go through to essentially determine the appropriate number of boat docks, and you take into consideration the impact to listed species, you come up with a number, and then you record a conservation easement to make sure that that number doesn't Increase. We believe the state process is a good process, and we would like to, you know, in greater detail, discuss that through hopefully a process where you discuss the LDC amendments. We think that this is not fair to Signature Communities or other property owners to just come up with a policy determination on an agenda item that really the public hasn't had a lot of time to study, give its input to determine what the appropriate change should be and would request that this go through the proper process, which would be through an LDC amendment process, and then everybody, both for one side and for another side, can give you your input, and then you all can decide what might be the appropriate mechanism after hearing it through the appropriate mechanisms, including going through the -- your Environmental Advisory Council on those types of issues. I think it's too important a decision to just make it today without bringing public input. CHAIRMAN COLETTA: Am I wrong, Commissioner Coyle, but isn't that what you just included? COMMISSIONER COYLE: Yes. I recognize Commissioner Henning's concern about that. Commissioner Henning is correct. I think it is something that deserves a public hearing, and I agree to Page 182 April 24, 2007 revise my motion to that effect. COMMISSIONER HALAS: I pull my second. CHAIRMAN COLETTA: You pull it? COMMISSIONER HALAS: Yeah. COMMISSIONER HENNING: I'll second it. Nothing wrong with public input. CHAIRMAN COLETTA: So we have a motion by Commissioner -- MS. FILSON: We still have two speakers. CHAIRMAN COLETTA: Go ahead. MS. FILSON: Bruce Burkhard. He'll be followed by Doug Fee. MR. BURKHARD: Good afternoon, Commissioners. My name is Bruce Burkhard. I live on Oak Avenue. And first of all, I agree 100 percent with the commissioner. I think a conservation easement infers a desire to protect our natural resources, not only mangroves, but all of the various forms of wildlife that depend on the mangroves and the creatures that live in the water. It also seems to me that the staff has been following a very common sense methodology that the conservation easement, which was usually implemented to gain additional development rights, removes all further development rights so there are no boat slip rights that the owner can transfer. The desired outcome for the public is a preservation of critical estuaries which have been disappearing due to development pressures. I think the staffs current interpretation of the Manatee Protection Plan is helping to protect the few remaining estuaries. The ideal solution, as we've been discussing, is to change the LDC and probably the GMP to absolutely prohibit docking facilities and marinas in front of conservation easements. Thank you. MS. FILSON: Your final speaker, Mr. Chairman, is Doug Fee MR. FEE: Good afternoon, Commissioners. For the record, my name is Doug Fee. I appreciate being able to speak to you today. I'll Page 183 April 24, 2007 be very brief. I do support Commissioner Coyle's motion. I do feel that these areas which are governed by the Growth Management Plan and specifically by the CCME -- although in the legal considerations it says there's nothing in the Growth Management Plan or Land Development Code that specifically addresses this issue, I do believe there are broad goals, policies, that are in there that you really want to protect these areas, you know, where they are mangrove shoreline, wildlife. And so I would support limiting this calculation to non- conservation easement lands. Beyond that, there is a recommendation in number B that says, for projects where preserve areas and CEs are not yet established. It says in number two, it says, use the total shoreline for calculating the maximum allowable wet slips and identify this value in the development document. One thing I want to mention is, in your GMP, there, I believe, is a policy that encourages dry slips over wet slips, and I'm not seeing in here anything that furthers that goal. We're rewarding or allowing density on the shoreline, but I'd like to see something in here that would encourage or give density to dry storage as well. And thank you very much. MS. FILSON: That's your final speaker, Mr. Chairman. CHAIRMAN COLETTA: Thank you. Okay. So we have a motion by Commissioner Coyle and a second by Commissioner Henning. COMMISSIONER FIALA: Could we hear the motion again? CHAIRMAN COLETTA: Well, we certainly can, but first let's go -- MR. LORENZ: Yes, thank you. Just -- just to note, in terms of -- the recommendation was for us to come back and have the board give us direction in terms of what the next steps should be. And one question that the staff would have is in terms of directing us to go Page 184 April 24, 2007 through the Land Development Code process. What direction do you want us to, if you will, part of the fence to fall on? Either direction for the shoreline within conservation easements to be excluded or the total shoreline, or is -- something different than that? COMMISSIONER COYLE: No. It's the same as my earlier motion. It is that the shoreline in a conservation easement is not to be allowed for the calculation of boat slips, the maximum number of boat slips. And what 1 am proposing that we do is bring that back as a change in the Land Development Code at a public hearing, and then we will have a fair opportunity for all stakeholders to be heard, and then we can make a decision. So that's my motion. CHAIRMAN COLETTA: Commissioner Henning, do you agree? COMMISSIONER HENNING: Sure. CHAIRMAN COLETTA: Okay. Does that answer your question? MR. LORENZ: Yes, thank you. CHAIRMAN COLETTA: No. Thank you. Okay. With that, is there -- there's no other questions. 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. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it 5-0. Thank you very much. Item #IOE Page 185 April 24, 2007 PRESENTATION OF A PROPOSED COLLIER COUNTY PRE- PURCHASE INSPECTION SERVICE TO BE OFFERED TO PROSPECTIVE REAL ESTATE BUYERS TO ENSURE THAT THE PURCHASED STRUCTURES ARE BUILTIN ACCORDANCE WITH ALL ZONING APPROVALS. THE INFORMATION PRESENTED IS INTENDED TO ALLOW THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER AND PROVIDE DIRECTION ON WHETHER OR NOT TO MAKE A V AILABLE THIS PRE-PURCHASE INSPECTION SERVICE TO PROSPECTIVE REAL ESTATE BUYERS IN COLLIER COUNTY A MOTION MADE TO TAKE NO ACTION ON THIS ITEM- APPROVED MR. MUDD: Commissioner, that brings us to our next item, which is 10E, and that's a presentation of a proposed Collier County pre-purchase inspection service to be offered to prospective real estate buyers to ensure that the purchased structures are built in accordance with all zoning approval. The information presented is intended to allow the Board of County Commissioners to consider and provide direction on whether or not to make available this pre-purchase inspection service to prospective real estate buyers in Collier County. And Mr. David Weeks, your-- MR. BELLOWS: Ray Bellows. MR. MUDD: Excuse me, Ray. MR. BELLOWS: We're both around-- COMMISSIONER FIALA: You look so much alike. CHAIRMAN COLETTA: Ray, if you would please, if you could make it a very brief description of what we've got in front of us for the viewing audience, and I'm sure the commission will have some questions and maybe some suggestions. Page 186 April 24, 2007 MR. BELLOWS: No problem. CHAIRMAN COLETTA: Thank you. We do have a speaker too, but go ahead, Ray. MR. BELLOWS: For the record, Ray Bellows with the Department of Zoning and Land Development Review. As the County Manager explained, this is a presentation on a pre- purchase inspection program to be offered to prospective real estate purchasers. The program is similar to one offered in Miami-Dade County. 1 called and coordinated with them. I determined how their program works. Basically they have a series of inspections that are typically asked for by residents when purchasing a property. Staff, if they were to have a program, or Collier County were to adopt a program, it would include staff from our engineering services staff, our zoning department staff, and the building department, because some of their inspections cross all three of those jurisdictional reviews. Similar to the Miami-Dade program, Collier County would offer a zoning program that would inspect the zoning of the property that would determine ifthere were any variances approved or conditional uses applicable to the property, the number of units, the density allowed, the structures on site met setbacks. Ifthere were fences involved, whether they are consistent with the Land Development Code. Non-conforming structures would be identified. They would include plat information, restrictions, and any code violations. It should be noted Collier County has some programs in place that cover some of these inspections. We have a zoning verification letter that verifies zoning of property. We also have a zoning certificate that validates commercial zoning for commercial property owners. Staff estimates that a program, if it was mandatory, would be approximately 250- to $300 (sic). Ifit was a voluntary program, Page 187 April 24, 2007 depending on the participation, it could range from $1,000 up to about $2,000. CHAIRMAN COLETTA: Ray, could you tell us the reasons why we want to consider something like this? What has been the reasons that's brought us to this point? Or Mr. Schmitt? MR. SCHMITT: Commissioners, for the record, Joe Schmitt. Just for background, you dealt with a couple of variances, and on three different occasions you asked staff to look at this and to come back with you for a recommendation. And this was based on your request that we have some kind of a process. If you recall, the last incident was a gentleman who came in, petitioned the board because he felt he was being unfairly charged for impact fees. He didn't know he had an addition -- or he claims -- and not making any accusations, but he claims that an addition was done to his home. He was totally unaware of it until after he came in for another building permit. He was then informed that he had an additional square footage. So you asked us to look at a program that would identify these type of incidents before a property transferred hands -- transfers hands. So, frankly, that's what we did. This is a program that Miami-Dade has. I'm not saying we want to jump into this thing, but it is something you asked us to come back and present to you for discussion. And I don't know if that answered your question. CHAIRMAN COLETTA: That answers it very well. It wasn't so much for us. I think we're pretty well informed on it, but I wanted to make sure that those people that are listening today understand why we're doing what we're doing, at least looking at the possibilities. And I'm going to lead off on this. I tell you what, this is a big concern, the fact that we have had numerous times issues come up to us where -- an unknown consumer buying a home, suddenly finds out that the pool cage is six inches too far off of where it's supposed to be Page 188 April 24, 2007 into the right-of-way, that the -- something was done to the house without a proper permit, impact fees are owed, all sorts of reasons. Now, I don't agree that it should be something that county staff should do, and I don't believe it should be a voluntary program. It needs to be identified to what particular element out there is the ones that are suffering from this. A lot of your gate communities. They have very serious restrictions on what can take place there. They police themselves fairly well. Some of your remote communities like Golden Gate Estates, the agricultural lands, Naples Park maybe to a point. COMMISSIONER HALAS: Naples Park. CHAIRMAN COLETTA: Thank you. They do have problems where people are thinking that the best thing they can do is to try to save a couple of dollars on a permit fee, they go ahead and they make modifications to their homes, do whatever they want, and then pass it on to the unsuspecting buyer. What I'm proposing that this would be, not a voluntary program, but mandatory, and those particular instances out there where it would be paid for by the seller and it would be done by an outside source, something like a title insurance company but not necessarily that, someone that could provide this service rather than the county, because the problem is is that if we provide the service, it's going to be top heavy. It's going to require a staff to be there at all times, whether you're busy or not. It's going to require unknown cost factors in place. And then if we do make a mistake -- inadvertently we're going to -- it becomes an issue that this Board of Collier County Commissioners has to solve, where if an outside agency, be it an engineering firm or whatever, takes the responsibility to provide this certificate, they'd become liable and it becomes a civil matter. My own thoughts. And with that, we'll go to Commissioner Henning and then Commissioner Halas. COMMISSIONER HENNING: Thank you. I don't remember Page 189 April 24, 2007 the board giving that direction to bring something back. Was that a motion or consensus? MR. SCHMITT: Yes, Commissioner. At least on three different occasions they asked us to look at some kind of a pre-inspection program prior to purchase in order to prevent the type of incidents that have come in front of this board. COMMISSIONER HENNING: So we voted three times for you to bring it back? MR. SCHMITT: I will pull the records, Commissioner. I don't know what the vote was. It was clear direction given to the County Manager to come back with this program, or a program similar, to research what other counties have and to look at some program that would be put in place in order to do this. COMMISSIONER HENNING: Yeah. I have a question for Mr. Klatzkow. Do we -- is there any other venues that the public can go to if they bought a lemon? MR. KLATZKOW: You could bring a civil action against the seller. And then going back in the chain of title, he could then bring it to his seller and his seller, until it finally got to the point where you've got the -- COMMISSIONER HENNING: Well, there's also due diligence, too, by the buyer? MR. KLATZKOW: Yes, sir. COMMISSIONER HENNING: And I've done that myself. You know, when I purchased my property, I wanted to make sure it had permits and discovered it didn't have two permits and it was straightened out beforehand. So I mean, you know, I think government is here for -- to do things that the citizens can't do for themselves. I don't think government is here for -- to take care of citizens on every case. And I think this is a noble attempt, but it's just way too much government, whether it is a voluntary basis or a mandatory. The Page 190 April 24, 2007 people have a right to find out whether they're buying a lemon or not, and if they buy a lemon, they can at least make lemonade out of it and straighten the issue out. But I don't think it's our duty to mandate them to protect against buying a lemon, so I can't support either recommendation. CHAIRMAN COLETTA: Okay. Commissioner Halas? COMMISSIONER HALAS: Yes. I think a lot of people, first-time buyers, they come down here and they're under the impression that everything is hunky-dory and buy a piece of property, and then all of a sudden they find out that, for whatever reason, the setbacks weren't followed and then, therefore, they're left holding the bag, and they might not find out for two or three years after purchasing the house, and then they have to come in and go through a variance process and also acquire an attorney to go through the process with them. It's far more expensive to -- for them to go through that and -- not realizing that there might be issues of -- where rooms were added that weren't permitted, that setbacks weren't followed or they got other problems that they didn't realize, and that's why I think that some of us were concerned that maybe we needed to have something that would be available. It could either be administered by the county or it could be administered by someone else, but it's something, I think, that needs to be looked at, that when you do surveying of the property, you establish what the criteria, the setbacks, and all this is. So that was one of the reasons that I felt that it was important. And maybe -- hopefully maybe if we got a public speaker, they can throw some light on this also. CHAIRMAN COLETTA: Yeah. Well, Commissioner Coyle first, and then we'll go to public speakers. COMMISSIONER COYLE: I think it's a noble effort and I understand why we would be interested in doing it. But based upon the experience of a county as big as Miami-Dade, they're only getting Page 191 April 24, 2007 one a month. It doesn't seem to be a really big problem. And secondly, any lending institution is going to insist upon a title search which is going to have to, I think -- don't they look to see if the property conforms to existing codes? MR. SCHMITT: No. COMMISSIONER COYLE: No. MR. SCHMITT: A title -- this wouldn't involve a title search, but if -- let me first say, we're not pushing this. You asked for us to come back, and so please understand, this is not something that staff is jumping head foot -- headfirst into the water to do. But the second piece is you could hire a home inspector, and a home inspector can do exactly what's on this sheet. COMMISSIONER COYLE; Okay. So a-- MR. SCHMITT: A home inspector can come in and pull the public records. A home inspector can come in and go down to the Property Appraiser's Office and pull the property card. So these -- there are mechanisms already in place to assist a home inspector to do exactly this type of service if somebody wanted to do that type of research. COMMISSIONER COYLE: So maybe we shouldn't be competing with private industry in this respect, maybe the -- MR. SCHMITT: I would say, it's -- Commissioners, it's your call, but given the Miami-Dade, the cost, I have to -- I have to pay for the service. If I -- if you direct this, I will have to have the staff to do this and I have to charge the fee in order to cover the cost. And as the executive summary clearly points out, that could be fairly spend-yo I think the second thing is, if in fact it's voluntary -- and I've gotten the legal considerations as pretty detailed, that we would look for some kind of an -- to indemnify ourselves, and certainly the consumer's going to expect some protection. So there's all those kind of issues that -- the burdens we pick when we do that. COMMISSIONER COYLE: It gets too complex. Let me just Page 192 April 24, 2007 bounce one more idea off of you. A number of these issues are things that have lain dormant for many, many years, and then something is brought to our attention, we find that a house is maybe built three or four or five inches or a foot from where it should have been and that sort of thing, or that there might be other code violations that have existed for 15 or 20 years. It -- is it appropriate to just provide some blanket exemption from those things, from those violations, if they have existed for X period of time and it does not create a health, safety or welfare problem for the people in Collier County? In other words, if you've got a violation because your foundation is three or four inches off and it's been that way for 15 or 20 years, why would we want to put people through the process of coming in for hearings and trying to get that corrected? Can't we just grandfather things like that in and let it go? MR. SCHMITT: There are certain -- yes. To answer your question, that -- if you want to provide staff the latitude for the administrative process, which we do have -- and there's been recent hearings where that -- we've lost some of that administrative -- at least decision-making authority that we had. But the other piece is, Mr. Klatzkow and Ms. Arnold, myself, oh, probably a month ago -- actually back in October when we talked about the consolidated code enforcement ordinance, which you'll see at the next board meeting, there is a paragraph in there that provides at least an avenue for a resident who comes upon that type of a situation. They're going to have to verify that what was built is built to code, but it does give them kind of the get-out-of-jail-free card. COMMISSIONER COYLE: Okay. I don't know if the commissioners are interested in considering that sort of thing. MR. SCHMITT: That will be back at the next meeting. COMMISSIONER COYLE: And so it's coming back anyway, huh? So we're going to be talking about that later? Page 193 April 24, 2007 MR. SCHMITT: Yes. COMMISSIONER COYLE: Okay, good. Then I won't belabor it anymore. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: He's asked my question. CHAIRMAN COLETTA: Okay. I've got one comment before we go to the speaker and this is purely a thought. The expression, let the buyer beware. The thing is, how can they beware if they don't know there's a problem? How about a simple form they have to sign off on telling them what their rights are and what they may -- should be concerns with so that we have it on file for every new homeowner that comes in. I don't know how you would do it. It would say nothing more than, you know, these problems could possibly exist. You may -- it's your option to hire a home inspector to be able to identify if everything is in compliance as far as permits, da, da, da, one right after the other, and that would be the end of it. The person would sign it, and they'd be more or less signing off that they're convinced it's fine or they're aware of the fact that they should have done due diligence. Any suggestions? COMMISSIONER COYLE: I think there's a state requirement for that already. Any seller must disclose any violations of code, but COMMISSIONER HENNING: Defects of property. COMMISSIONER COYLE: Yeah, so that makes it -- that makes them liable for any misrepresentation, so that already exists. CHAIRMAN COLETTA: But would this misrepresentation -- if they buy the house and they don't ask the question, is the house fully permitted, is everything just the way it's supposed to be, and they say yes and then they're gone, they move back up to Illinois, you've got a problem. COMMISSIONER COYLE: Perhaps. CHAIRMAN COLETTA: It's just a thought. I'm getting to think Page 194 April 24, 2007 -- the point that we're trying to go to the point of having a mandatory inspection isn't practical, and it would be very difficult to put into place, it would be very -- in many cases it wouldn't be needed. It's just for the rare individual that does need it, ifthere was some form that people would have to sign off on with realizing -- protect their own rights to make sure that they're safe. Just a pure thought. But let's go to the speaker, and then we'll come back, close this out, action, no action, whatever. Who is the speaker? MS. FILSON: The speaker's William Poteet. COMMISSIONER HENNING: While the speaker's coming up, I'm going to make a motion that we take no action on this item. COMMISSIONER FIALA: I'll second that motion. CHAIRMAN COLETTA: Okay. We have a motion by Commissioner Henning and a second by Commissioner Fiala. MR. POTEET: Good afternoon. My name is William H. Poteet, Jr., and I'm here on behalf of the Naples Area Board of Realtors. I sit there as the director of the governmental issues chair, and I'll make this real brief because I like the motion. First of all, NAB OR wants to thank the commission and the staff for including us in the recommendation of this particular motion, this particular discussion. We feel that we'd like to be at the table and be able to serve the county anytime we have the opportunity to. Also, we also, on the issue similar to this, we'd like to recommend that one of our other organizations here in Collier County, the Marco Island Area Association of Realtors be included, because they cover a lot of the south part of Collier County. As for the discussion here, you know, we, too, have the question of why are we bringing this before the general public? We had 2,600 sales last year. And out of 2,600 sales, there was a very small amount that had any difficulty. You are right about, there are disclosures that sellers have to make, and they put -- any known defects have to be listed, otherwise Page 195 April 24, 2007 they are liable, and there's state law in that respect. We're concerned about the county's liability for any program that you run on this. If you have people out there telling them that you're meeting code and then suddenly they find it's three inches off, you know, you're not going to be able to just say, well, you're not going to be liable for that, and why expose the county to something they don't need to do? There are people in the private industry that will provide this service if a buyer wants to purchase it. And then our last thing is the potential for delays in real estate closings. As we know, there's always about, you know, five, 10 different parties that are involved in a real estate closing, and each one has to -- takes time, and if you add another layer to it, then it's possibly not good for the consumer. And real estate closings are all about the general public, because it's their property. It's not the Board of Realtors' property. It's the general public that we're trying to benefit. So whatever you decide today, if you want to go on and, you know, research this more, we'd love to be part of the program, otherwise, if you decide not to do anything, we're thankful there, too. Thank you very much. CHAIRMAN COLETTA: Okay. Thank you very much, Mr. Poteet. Is there any other comments? (No response.) CHAIRMAN COLETTA: Seeing none, motion by Commissioner Henning, second by Commissioner Fiala to take no action. All those in favor indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. Page 196 April 24, 2007 COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it 5-0. Item #lOF A REPORT ON SOLID WASTE COLLECTION OPTIONS FOR WHITE GOODS, TIRES, BATTERIES AND ELECTRONICS IN SPECIFIC AREAS OF THE COUNTY- STAFF DIRECTION TO CONTINUE CURRENT PROGRAM - APPROVED MR. MUDD: Commissioner, that brings us to a time certain 4:30, and this is item 10F, a report on solid waste collection options for white goods, tires, batteries, electronics in specific areas of the county. And Mr. John Yonkowsky, your Director of Public Utility Billing? MR. YONKOWSKY: Utility's billing and customer service. MR. MUDD: There you go -- will present. Thanks, John. CHAIRMAN COLETTA: I'll tell you what, while you're setting up, would you call the speaker, please? MS. FILSON: Sure, Kaydee Tuff. MS. TUFF: My name is Kaydee Tuff. I'm speaking on behalf of the Golden Gate Area Task Force. It's a group of people -- it's a group made up of representatives of various county departments, our community sheriffs department, fire department, and we respond to various needs and problems in our community. And we've been wrangling ever since -- well, with the issue of trash collection in our community since the contract was changed in 2006. I believe it was October 2006. What we're finding is although there has been some inroads being made in educating the homeowners in our community -- slow as it Page 197 April 24, 2007 might be, we feel it's working -- but we feel that educating the rental areas is not working. And there have been extra efforts made on the part of utility billing to do those educational efforts, and yet we continue to see problems in the alleyways of our community and along Sunshine Boulevard, which you know is -- some of you may know -- is being beautified, and the community is spending -- excuse me -- taxpayer dollars to beautify that median, and we want to make sure that that strip in particular looks good. Right now the problem is that people are putting out items just as they do -- just as they had before. Anything with a plug, anything with some sort of an electronic device has to be called in, and this isn't taking place. During our town hall meeting sometime back, both Commissioner Coletta and Tom Henning asked the utilities staff to do something more in these communities because they, too, are seeing in their areas that this is not working. What We have asked -- and to prove that, indeed, things have not changed since that meeting, our task force members made up of utility billing, code enforcement and sheriffs department, went out and cleaned these alleyways, and they found five microwaves, 16 televisions, 35 tires, a water heater and a bicycle. Some of those items, I'm told, were called in. Now, this was done on just a couple of our alleyways, so you can see it's a continuous problem that's not being met by the current contract that we have with waste management. What we'd like to see -- because we know it's expensive to send these trucks out so many times into these areas. They're driving past some items to get to the one item that was called in. So let's say the other items get called in the following week, now we have to send out staff again, staff and trucks, gas money. We know that as many times as they're having to go out for these repeated incidents, that it's Page 198 April 24, 2007 probably costing more money in the long run. We feel that our community, being because it's -- the density is contained and the areas that we have the biggest problems are contained, that we'd like to be considered for a pilot program. I don't know exactly how that could be done. I would welcome any efforts of staff or the direction of this board to see if something can be done to that effort because we feel that it's going to save money if we have a regular pickup for these areas. And the areas that we would like you to consider are Sunshine Boulevard, Tropicana Alleyway, Salt Alleyway -- it's actually Safety Alleyway, to Cannon Mystic Alleyways. Thank you. CHAIRMAN COLETTA: Thank you, Ms. Tuff. MR. YONKOWSKY: Good afternoon, Commissioners. For the record, my name is John Yonkowsky. Agenda item 10F is a report to the board on collection options for solid waste items such as white goods, tires, batteries, and the -- I'll show you the slides. And this report -- I've got a brief slide presentation for you, and then we can answer any questions that you'd like. Basically, the staff recommendation is that the Board of County Commissioners continue the current level of service in accordance with the current collections agreement at its current cost, also continue concentrated education outreach and enforcement program that we're currently using. Under considerations, the current collection process for white goods, tires, batteries and electronics is, the residents call in 48 hours before the normal bulky item collection day for heavy items and schedule a pick up. That information is transmitted to Waste Management, and they schedule their vehicles to make the pickups on the proper collection day. Items are placed curbside by the resident before six a.m. on the collection day, and then the trucks pick the items up. And what they use for these types of material are claw trucks, box truck, and flatbed Page 199 April 24, 2007 trucks. The previous collection process was that the items were set out curbside on the scheduled collection day. Flatbed trucks, box trucks and claw trucks had to go down every street that was scheduled for pickup that day and they picked up all the items that were curbside. The trucks traversed every street regardless of the need. Normally, approximately three to four or five times a year, is the -- when this is actually used in most of the county. The call-in and pickup program, it's been successful, as you will see in a few minutes in most of the county. It's eliminated several trucks from going down every street in that service area every day. It's provided a rate benefit to the curbside customers, and in essence, it's provided a best value service to the residents and to the county. The call-in and schedule a pickup program was not intended to prevent residents from placing items curbside any day of the week. It was not intended to prevent residents from placing ineligible items curbside, and it was not intended to prevent residents from placing items curbside that are not properly prepared. The issues that were discussed in the previous slides can be corrected by enforcement of the collection rules. The county uses a very aggressive outreach, education and enforcement program to gain compliance with the requirements of the solid waste collections ordinance. And to show you that, for 10/1/05 to 9/30/06, which is a 12-month period, the first period that the program was in existence, the residential call-ins countywide were 11,760. And given those three areas that we've considered high rental areas, Naples Manor, 1,977; Golden Gate City, 2,242; Naples Park, 237. Six months of this year, the current fiscal year, we've got 10,617 call-ins from countywide; Naples Manor is 1,298; Golden Gate City, we've already reached what we had, the level, last year for a full 12 Page 200 April 24, 2007 months; and Naples Park is 259. Next slide, please. This year -- or the same period of time, the 12 months of -- the first 12 months of the contract and the second -- or the six months of the second year are enforcement work orders. And when I say enforcement work order, we actually go out before -- two days before the collection service and go down the area. And when we see white goods or items sitting out, we take and recognize those, we've got a laptop computer. We look and see if the customer's called it in, we -- and if they have, okay. If they haven't, we create a work order for it, it's picked up, and the residential gets -- the resident gets an NOV. And the NOV is a notice of violation warning that the next time you're going to get a fine for this. As can you see, Naples Manor, we did 13 of those where we actually called them in the first year, and seven the second year. Golden Gate City was 52 the first year. This past year it's 585 in six months. Naples Park was zero and nine for the same period. And this next slide shows the actual citations that we've issued. And if you look at Golden Gate City, the first full year, we issued 145 citations. The second year we've issued 53. So we think the program is working. We -- as to the request for a pilot program, we did look at a pilot program for the particular streets that were names -- mentioned by Ms. Tuff, those streets. We talked to the contractor. The contractor said, yes, they would work with us on a pilot program, but they want to be paid for the additional cost of providing the extra streets, the extra individuals and the gas and insurance. What we think that we've done is actually provide the same thing but using the staff, the criteria that I just explained, where we actually go out the two days before the actual scheduled pickup, we create work orders for items that do not have work orders, and it gets picked up, and the owner gets a citation. Page 20 I April 24, 2007 So the program is working. It's not working -- as Ms. Tuff said, it's not working nearly as well in the Golden Gate City area. And utility billing and other county departments work very hard with them to get that process done, but we would like for consideration to continue the program as it is and then see if the -- if it does get better overall. CHAIRMAN COLETTA: Okay. We'll start with Commissioner Henning, then Commissioner Fiala. COMMISSIONER HENNING: Put a -- County Manager, put on slide 12, blah-blah, side 12, second to the last. MR. MUDD: Okay. COMMISSIONER HENNING: And you're saying that is not working in Golden Gate, this one right here, this pilot program? MR. YONKOWSKY: No, sir. It is working. It's working in-- COMMISSIONER HENNING: It is working. MR. YONKOWSKY: It's working in Golden Gate. As a matter of fact, yesterday -- and here's the problem. As I said in the executive summary and in the slides, this program will not prevent people from setting out an appliance, a white good, at any time during the week. Saturday those areas were cleaned up in the pilot program. Yesterday and this morning we went out and counted. There's 49 items sitting out on Sunshine and those alleys. COMMISSIONER HENNING: That's a violation right there, isn't it? Aren't you supposed to do it on certain days? MR. YONKOWSKY: Yes, sir. That's absolutely right. It's supposed to be set out on the morning before at six o'clock. So the program -- the call-in program, as the statistics show, I believe, is working. More people are calling in from Golden Gate City. The numbers of call-ins are increasing in that area. It's almost double what it was last year. But the program, the call-in program, is not going to prevent people from setting out -- if their collection day is on Wednesday, Page 202 April 24, 2007 from setting an item out curbside on Thursday. Hopefully it will be picked up that next day that the collection for that street is supposed to be. The second thing that the program, call-in program, will not do, it will not eliminate unprepared items. For example, setting out something that isn't properly prepared, horticulture, for example, just throwing out a pile of horticulture. It won't work for that. It won't work for items that are illegal, propane tanks and the other items that people like to set out that are not supposed to be picked up. We correct those problems with enforcement. Before the collection program came about -- or this new contract came about that was approved by the board -- it started on 10/1 -- we had the same problem. People were setting out items anytime during the street (sic), it wasn't picked up until Saturday, as it is -- Golden Gate's schedule, or it wasn't picked up on -- they set it out anytime that they want, and it would get picked up. Well, the same thing is happening right now. It's -- they're setting things out. They're setting them out anytime during the week. They're setting out items that aren't prepared properly, the horticultural, and they're setting out things that should not be picked up. And according to the contract, they shouldn't. I mentioned propane tanks as one. That's a major problem. COMMISSIONER HENNING: I have some other questions, too. MR. YONKOWSKY: Yes, sir. COMMISSIONER HENNING: What's wrong with Waste Management picking up items that are set out that were called in but they passed items that was not called in? What's wrong with them not picking those up? MR. YONKOWSKY: Commissioner, I do not believe that that is exactly what's happening. COMMISSIONER HENNING: Okay. Page 203 April 24, 2007 MR. YONKOWSKY: We're going out -- we go out every Thursday in Golden Gate City. We have public utilities staff that goes through there, and they look at every item that's out on the street on Thursday. They look in the laptop to see if that's been called in. If it's been called in, that's okay. If it hasn't been called in, they create a work order to have it picked up on Saturday. COMMISSIONER HENNING: Okay. So I can go -- you're concentrating in Golden Gate. I can go to Naples Manor and find that Waste Management is not going by items that should be picked up that hasn't been called in? Can you get to slide number -- it's not a slide number. The one -- 585, I didn't understand that. It said -- yeah. You say enforcement work orders. And is that what you're saying your staff is doing is going out and identifying items that are set out there and -- MR. YONKOWSKY: Yes, sir. COMMISSIONER HENNING: -- and they're issuing NOVs and they're getting ticketed and -- MR. YONKOWSKY: The work order there -- this slide shows that a work order that we create, through the laptop we create a work order, and that item gets picked up that weekend. COMMISSIONER HENNING: Right. MR. YONKOWSKY: At the same time, since we've had to create the work order, we give an NOV for first-time violators. The second time that they do it they get a citation for that property. COMMISSIONER HENNING: Okay. What happens to those monies on the citation? Where does that -- does it go back to your department? MR. YONKOWSKY: Yes, it goes. It goes back to the division. COMMISSIONER HENNING: Thank you. Sorry. COMMISSIONER FIALA: No, those are good questions. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yeah. I was going to ask the same Page 204 April 24, 2007 one because I've seen that same thing happen where they pass things -- in the Triangle. I was in the Triangle, and they're passing all this stuff, and they went to one place, picked it up and then kept right on going, and I thought, what in the heck? How come they didn't pick up the rest of the stuff? So I had witnessed that same thing. And, of course, the problem that we're having is we'll never educate renters because they're moving all the time, and so it's a never-ending problem. I think it's important that you drive down and notice these different things and send trucks out to get them, but they need to pick up everything. I know they missed -- one of the Jack Mischung's biggest complaints is they drive up and down Naples Manor and leave half the stuff there. They only go to particular houses. MR. YONKOWSKY: And Mr. Mischung is an advocate, just like Ms. Tuff is. And I think that we've demonstrated that in Naples Manor, that there has been a tremendous change. We're getting calls from Naples Manor. The other thing is, when they go by something that they're not supposed to pick up, what they're -- if it's not an item that they're supposed to pick up or it's not properly prepared, they should be leaving a sticker on it and saying that it isn't prepared properly. But the ones that -- in the six areas, the high rental areas that we patrol -- and one of the areas is just east of 951 in Commissioner Coletta's area, we patrol that -- I think that we've seen a tremendous amount of improvement. Whether we're 100 percent, that's never going to happen. We can't do that. But the effort that we have put out has been very, very good. We're not put -- we may not have enough effort in Golden Gate City yet. A lot of departments are working on it. They have the cleanups. And what we're doing is we're demonstrating, I think, that we're getting a lot of the things in Golden Gate City. COMMISSIONER FIALA: I know the Golden Gate people have Page 205 April 24, 2007 worked so hard to try and clean that whole area up. MR. YONKOWSKY: They have. COMMISSIONER FIALA: They've been working diligently. Do you drive in there every single week? MR. YONKOWSKY: Yes, ma'am. CHAIRMAN COLETTA: So John, if! understand --I'm sorry. Were you done? COMMISSIONER FIALA: That was my last question. CHAIRMAN COLETTA: John, if! understand you correctly, there is no provisions to be able to pick up when they're driving through if there's something there along the side of the road and they're going to the house down the street? They're just going to go to the house that was designated, or they are picking up? MR. YONKOWSKY: They -- unless it's designated, Commissioner, they won't pick it up. But what we're doing is going by on Thursday, for example, in Golden Gate City, and we're designating all the items that aren't designated. But ifthere's items that are set out on Saturday or -- they will not be picked up and they're still sitting there. CHAIRMAN COLETTA: Well, I've got to admit. I've seen an improvement on some of the streets east of 951 where you'd see the same washing machine or piece of furniture week after week after week. It's not there anymore, so obviously there is a cause and effect. There is something happening. And I would like to see this, sometime in the future, get a brief report on it where it went to the next step and be able to graft it out to see that we are getting compliance and that we're getting to be where we need to be. I'm going to make a motion that we follow staff -- well, where are we on this here -- that we follow the staff recommendations to continue the service as it is at its current rate and continue the education outreach and enforcement program. Page 206 April 24, 2007 COMMISSIONER HALAS: I'll second that. CHAIRMAN COLETTA: Motion by myself, Commissioner Coletta, a second by Commissioner Halas. Commissioner Fiala? COMMISSIONER FIALA: Yes, one more question. MR. YONKOWSKY: Yes, ma'am. COMMISSIONER FIALA: Could you stop and pick up those things instead of passing them by? MR. YONKOWSKY: The items that are not part of the pickup process? No, ma'am, because -- let me give you an example and I used it earlier. The propane tanks, we do not want them to put propane tanks in their trucks and crush them. COMMISSIONER FIALA: Well, I understand that, but there's a lot of other -- MR. YONKOWSKY: The other items, the brown goods, the TVs and things like that, the contract does not require them to pick it up. They're willing to do a pilot program, as I said earlier, but they want to be paid for it, and the problem is that we think that we have done the exact same thing as the request for the pilot program by making sure that we go down, once a week, everyone of those streets. And then not -- the way that we verify it is that we go back on Monday or Tuesday, and ifit isn't picked up and Waste Management had a ticket to pick it up, they go back out that day and pick it up. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: The items that stated, those people want to dispose of them, they can put them in their vehicles and take them to the drop-off point; is that correct? MR. YONKOWSKY: Yes, sir, they can. COMMISSIONER HALAS: At designated drop-off points, such as electronics gear and stuff of that nature, paint, old batteries, stuff of this nature? MR. YONKOWSKY: Yes, sir, they can. Page 207 April 24, 2007 COMMISSIONER HALAS: Okay. CHAIRMAN COLETTA: Okay. With that, any other comments? (No response.) CHAIRMAN COLETTA: We took care of the speakers. We did that first thing. All those in favor, signify 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 a 10-minute break. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, Commissioners, you have a hot mike. Item #lOH RECOMMENDATION TO TERMINATE THE INTERGOVERNMENT AL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, SOUTH DISTRICT OFFICE FOR ENHANCED ENVIRONMENTAL RESOURCES PERMITTING - DIRECT STAFF TO RETURN WITH A FEE SCHEDULE TO CONTINUE PROVIDING SERVICE - APPROVED Next item on the agenda is 10H. It's a recommendation to Page 208 April 24, 2007 terminate the intergovernmental agreement between the Board of County Commissioners and the Florida Department of Environmental Protection, south district office, for enhanced environmental resources permitting. Mr. Joseph Schmitt, your administrator for community development's environmental services, will present. MR. SCHMITT: Commissioners, good afternoon again. We'll make this short. Basically we have an interlocal agreement that was providing -- it was basically a grant to the Florida Department of Environmental Protection, provide two staff members in Collier County to provide this service. I could no longer really afford that since the permits that were supporting this endeavor have dropped off, and those are primarily permits for the ago areas in the Estates. What I would -- my recommendation is either we terminate or I be allowed to come back and charge a fee for this. I've already coordinated that recommendation with Lucy Blair and the Department of Environmental Protection. She believes that's more than fair, and if I charged a fee for this service, it would certainly make up for what I have to send to her in order to provide for the two staff members, and, of course, it would pay for the rent or any other type of services that I provided. CHAIRMAN COLETTA: Basically what it is, we want to charge a fair users fee -- MR. SCHMITT: Yes. CHAIRMAN COLETTA: -- to be able to make ourselves whole. And I'll make a motion that we expect you to go forward with that. COMMISSIONER HALAS: Second. CHAIRMAN COLETTA: Okay. Commissioner Henning? COMMISSIONER HENNING: You know, it concerns me -- we brought this out before about sending out letters terminating the board's agreements. Very clear in the statutes, 125, the County Page 209 April 24, 2007 Manager is to administer, administrate, manage, not terminate. Make policies; we make policies. So I'm very disturbed that this has been brought out before. And then just right after that there's another letter of termination. This is against the state statutes. MR. SCHMITT: That was a letter to notify -- what the commissioner's referring to, that was a letter, formal letter of notification that I was bringing this to the Board of County Commissioners, COMMISSIONER HENNING: It says, in reference to the interlocal agreement, paragraph six, I am providing a written notice within 60 days, time frame, the effective termination date. MR. SCHMITT: That's correct. And the issue there was to notify them because I did inform them on the phone this was a board action that required the board to terminate. COMMISSIONER HENNING: It does. MR. SCHMITT: Yes. COMMISSIONER HENNING: But you already sent a letter out to terminate. That's not management. That's not managing the board's agreement. CHAIRMAN COLETTA: Let's have the County Attorney address it. MR. KLA TZKOW: We have to give notice under the contract-- you have to give notice under the agreement, interlocal agreement, that we were considering termination. We wanted the ability for the state agency to come here to be able to discuss this before the board that this was an issue. But all along, the actual decision on whether or not to terminate was the board's. COMMISSIONER HENNING: It's more than 90 days from October. The board could have take (sic) action based upon the input of our staff to send a letter out of termination. MR. SCHMITT: Commissioner, I'm preparing budgets now that Page 210 April 24, 2007 come to you in June that identified this as a cost, and all we're trying to do is get your direction, do we terminate it or do I begin to charge a fee for this. I would come back in October with a fee schedule to identify this. This is already funded up through October. That was made very clear in my conversations with the DEP. And it's already funded. They already have the money for the two positions. The two folks are not losing their job. There was no intent in doing that. All that was was a form of notification that we were considering that. COMMISSIONER HENNING: No. It says -- it is a reference to terminate. MR. SCHMITT: Okay. COMMISSIONER HENNING: Not consider. It doesn't say that. CHAIRMAN COLETTA: Commissioner Henning, if you'd like to make a motion after we vote on this one to deal with this in some way, you might want to do that, rather than just keep the conversation going back and forth. Take a board action. COMMISSIONER HENNING: Well, you know, I can address it. That's no problem. CHAIRMAN COLETTA: Excuse me. How can you address a board issue by yourself? COMMISSIONER HENNING: It's not a board issue. It's just continually happening that the board has authority by the Constitution of the state, and those authorities have been taken away from us. Policies are being made that the board is not aware of, the board hasn't adopted. Agreements are being nullified or terminated by our staff, the board's agreements. CHAIRMAN COLETTA: Right. And I suggest if you see it that way, after we make this motion, you might want to get direction to give staff some sort of direction that we can carry forward. That's a different issue than we've got right here at the moment. And I -- your Page 211 April 24, 2007 concerns are probably valid. COMMISSIONER HENNING: It's right here. CHAIRMAN COLETTA: Let's go ahead and take it one step at a time, take care of this. And if you feel there's something you want to do as far as in a motion to be able to address this, we can go ahead and do that, too, okay? But let's take care of this motion first, and then if you want to, you know, take it from there, I'm more than willing to listen to whatever. But rather than just go on and leave it open ended, we're not getting to where we need to be on anything. So let's vote on this motion before us right now, unless there's some other issue that you want to cover. Okay. We've got one speaker. MS. FILSON : You ready? CHAIRMAN COLETTA: Yes. MS. FILSON: Brad Cornell. MR. CORNELL: Good afternoon, Commissioners. I'm Brad Cornell. I'm here on behalf of Collier Audubon Society. I'm very concerned at the prospect of losing these two positions that are in the permitting department. I think they've worked very well and have resulted in some important knowledge of wetland determinations, the wetland maps for North Golden Gate Estates, as well as assisting of county and protecting the citizens of this county from flooding and water quality problems as a result of losing wetlands to single-family home building, and also to the single-family home lot owners and builders who wish to get those permits. This has been a great service. So I'm concerned about losing that service. I do support what Mr. Schmitt was proposing in terms of implementing a fee structure to retain them to keep that service continuing with those two staff members. It's important to all of us in terms of protecting North Golden Gate Estates' wetlands, because if we lose those, there's no way for code enforcement to see the Page 212 April 24, 2007 violations that occur in North Golden Gate Estates or for DEP from Fort Myers to recognize that, and I think that will be an exacerbated problem, as well as the flooding. Thank you. CHAIRMAN COLETTA: Thank you, sir. And with that, ifthere's any other comments related to this issue? (No response.) CHAIRMAN COLETTA: Seeing none. All those in favor -- COMMISSIONER FIALA: What's the motion again? CHAIRMAN COLETTA: I'm sorry. The motion is to direct staff to come back with a -- I'm sorry -- with a -- with a fee schedule to be able to provide the service and keep it going. COMMISSIONER FIALA: Okay. CHAIRMAN COLETTA: Is that correct, Commissioner Halas? COMMISSIONER HALAS: That's correct, that's correct. CHAIRMAN COLETTA: And the motion was made by myself, Commissioner Coletta. It was seconded by Commissioner Halas. All those in favor, indicate by saying aye? COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it 5-0. Commissioner Henning, I didn't want to cut you off, but now is the time if you'd like to address that. You've got my attention. COMMISSIONER HENNING: Well, you know, it's clear in the contract, if you look at page 13 of27, number six, in the event one of the parties fail to fulfill any obligation under this agreement, and then the other party may immediately terminate this agreement at any time. Either party may also terminate the agreement as provided with Page 213 April 24, 2007 written notice and intent. And if you see, the agreement is between then Chairman Commissioner Fiala and the acting district director of Florida Department of Environmental Protection. This is -- this stuff is going on all the time. Like I said, there's policies. We are policymakers. There's policies being made and the board is not adopting policies. This has come before us, other things hasn't. And I just have a problem with the board not -- the agreements not being managed and policy being made. CHAIRMAN COLETTA: Could we go to the County Manager? Did you have any comments on this? Are we failing as a board as far as delegating authority that we shouldn't be delegating? COMMISSIONER HENNING: We're not delegating. CHAIRMAN COLETTA: I didn't think so. MR. WEIGEL: Being taken over. MR. WEIGEL: Well, rare is the day I'd say you're failing as a board. Commissioner Henning is correct in the sense that the agreement is between the county, and typically -- this is typical of most agreements with the county, the Board of County Commissioners being the county, and the other party. And so from the standpoint that the terms of the agreement provide for a termination or a notice of termination, that is the board's prerogative. Now, I think a clarification that could be -- could be reached in terms of policy and, therefore, then administrative action by the staff, is that if, in fact, there are significant issues that would tend to indicate problems with fulfilling the terms of the agreement by the other party, couple -- there are choices that the board could make to assist staff or to clearly define for staff, and that is, the board could indicate in the contracts, or just by practice, that the staff may potentially provide a letter indicating a notice of intent to recommend termination and that that letter could be sent because ultimately it is the staff that administers these contracts and not the board itself. Page 214 April 24, 2007 And if, in fact, then the staff comes back to the board, having sent a notice of intent to recommend termination, we could make it clear that the contract would indicate that the timing of that notice is the timing that is the effective timing for operation of the agreement, a la, whether it's 60 days or 90 days, so that the staff and the board, on behalf of the needs of the contract for the county as the party in interest, doesn't lose additional time in the administration of the agreement. And I think that's one way that it could be approached so that the staff is not overstepping and essentially effectuating policy decision of the board on the contract, but at the same time, bringing something back to the board and the board either ratifies that notice of intention to terminate, and in so doing, effectuates the notice and the timing that -- initiated with it if the board wished to follow that kind of procedure. That's one way to do this. Otherwise, the board could conceivably have staff merely come to the board when there, in fact, is what staff determines as significant and appropriate reasons to come back to the board and have the board authorize the notice of intent to terminate. Then it will come back to the board, of course, at a later point in time for the formal termination. COMMISSIONER HENNING: Mr. Weigel, may I ask you a question? Mr. Chairman, with your indulgence. CHAIRMAN COLETTA: Go ahead. MR. WEIGEL: Certainly. COMMISSIONER HENNING: Wouldn't it be more appropriate, a letter, instead of this type of a letter of termination, to say, lack of funding, we're going to bring to the board two options, one, to terminate, the other one is to fund from another source. Wouldn't that be managing the contract? MR. WEIGEL: There's certainly nothing wrong with that business-like approach whatsoever. COMMISSIONER HENNING: Sending out a letter of Page 215 April 24, 2007 termination is that it's clear in the contract or the agreement that either party can terminate. And I just think that's a better approach to it than what was done here. CHAIRMAN COLETTA: I don't feel personally violated by what staff did. I do think there's better ways to do things. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Yeah. Commissioner Henning is right. There are two things. Number one, the external communication here is incorrect, okay. The internal action is correct. The staff is coming to us to get approval for whatever action we take. So they've taken the right action, but the external communication is incorrect. It really is not even clear whether it's a termination or whether it's a notice that there -- don't have the funds but they're going to ask the Board of County Commissioners if we can provide the funds. It's not clear what this is at all, the letter. So I think it can be solved if the staff will use a little more care, just as in the last correspondence we talked about, is that rather than saying, you know, we are taking action to do this, it would be better if they said, we are making a recommendation to the Board of County Commissioners to do this, and then that puts it in the proper context, and -- but as far as the staffs actual actions are concerned, they're doing the right thing by bringing it to us and letting us make a decision, but the correspondence is wrong. CHAIRMAN COLETTA: Commissioner Coyle -- or Halas, excuse me, Commissioner Halas. COMMISSIONER HALAS: Does staff get guidance from our legal people in regards to how letters are going to be addressed or how things are going to be approached? Does the legal department have any input in this? MR. WEIGEL: Okay. Well, that's-- COMMISSIONER HALAS: Do you look at any of these letters? MR. WEIGEL: Well, Commissioner, that's a general question, Page 216 April 24, 2007 and the general answer is, sometimes yes, sometimes no. For instance, the previous agenda item, we were not a part of and saw it -- we saw it no sooner than you did. But on this one, I do not -- I'll -- I can ask if Jeff Klatzkow or anyone else saw the letter before it went out and provided advice. MR. KLA TZKOW: First I saw the letter was this -- in the agenda package. MR. WEIGEL: Okay. CHAIRMAN COLETTA: Possibly what we need is to direct staff to come back with a policy that will handle this in the future. COMMISSIONER HALAS: Yep. CHAIRMAN COLETTA: Rather than try to micro manage it right now. They know -- they know what we're looking for. I think it's how you handle the letter. It will make it a little bit easier when you're reading through this agenda to know exactly what they're looking for. I mean, to come to the conclusion we came to you had to read through the whole agenda before you got to it. But I mean, I'm not that upset about it, to be honest with you, but I do think there's always a better way to be able to get there. COMMISSIONER COYLE: Well, that's true. That's the point. The thing is that the staff actually recommended that we cancel the contract, okay. Now, they didn't say that in this letter to the Department of Environmental Protection. They talked about getting funds and not having funds, and they were going to ask us for funds, but I don't see anything in the letter that says, we're going to recommend cancellation of the contract. So the letter itself isn't consistent with the recommendations of the executive summary, and it causes some confusion. Nevertheless, we're here. You're asking for our opinion. You're asking us to make a decision, so the process is being followed, it's just that the correspondence isn't as precise as it should be. MR. MUDD: Yes, sir. And I agree with you. And when I saw it, Page 217 April 24, 2007 I said, it went out like that? I took a look at who it was addressed to. And if you look at paragraph nine of your agreement, it was from the manager of your contract to the manager on their side of the contract, okay, and that's who it went to, the two action officers, and that was correspondence between the two. I also took a look at the letter, and as I went down to the bottom it talked about a future funding mechanism in coming to the board. Could it have been worded better, you betcha. But I also took a look at that and said it was going between two action officers and it wasn't going to that particular agency as the board's process. And so I -- I took a look at where it was and where it went to it. I said -- when I read this executive summary, I said, yeah, I could be, looked at number nine, looked at where the correspondence went to, it was the two action officers, your action officer, their action officer based on the agreement, as that correspondence went through, and I'll take -- I'll take steps to get this corrected. CHAIRMAN COLETTA: Thank you. I'm sorry. Commissioner Henning, I see your light on. COMMISSIONER HENNING: No, I'll wait till commissioner's comments. CHAIRMAN COLETTA: Okay, fine. But I think we've given direction to staff. Is everyone in agreement or reasonably in agreement? Okay. Thank you. Thank you Mr. -- Commissioner Henning. Please, what's next, Mr. Mudd? MR. MUDD: Joseph, did you get -- you got your guidance, what you need. Item #lOJ RECOMMENDATION TO DETERMINE THE FINAL AGENDA FROM THE TOPICS PROPOSED BY MEMBERS OF THE Page 21 8 April 24, 2007 BOARD OF COUNTY COMMISSIONERS AND THE NAPLES CITY COUNCIL FOR A JOINT WORKSHOP SCHEDULED FOR MAY 1, 2007 - TOPICS TO INCLUDE: FUTURE ANNEXATION, FLORIDA LEGISLATURE AND PROPERTY TAXES, COOPERATIVE EFFORTS REFERENCING NAPLES BAY AND CLAM BAY, CHARTER GOVERNMENT, THE CITY'S REQUEST FOR COUNTY FUNDS AND A RECYCLING PROGRAM THAT MIRRORS COLLIER COUNTY'S PROGRAM - CONSENSUS Okay. We're on 10J, which is a recommendation to determine the final agenda for the topics proposed by members of the Board of County Commissioners and the Naples City Council for ajoint workshop scheduled for May 1,2007. And Ms. Debbie Wight, assistant to the County Manager, will present MS. WIGHT: Good afternoon, Commissioners. You have before you an executive summary with the topics proposed by members of the Board of County Commissioners, yourselves as well as members of the city council, and I would ask that you review them and make a decision now which of those you would like on your agenda for the May 1 st joint workshop with the city council. COMMISSIONER FIALA: How many items do we have? I mean, how many can we have? MS. WIGHT: How many can you have? That also is your decision. Jim, I don't know what you wanted to recommend to them. Commissioner Coletta has proposed six; Commissioner Fiala has three. Commissioner Coyle has three. Commissioner Halas proposed annexation, which was also proposed by Commissioner Coletta. The city council has four items. I could name those all for you if you'd like, read those. CHAIRMAN COLETTA: Well, some of them are fairly Page 219 April 24, 2007 duplicative when you get down to it. COMMISSIONER COYLE: Yeah. Mr. Chairman, if you'll permit me, what I've done is I've tried to go through all these and correlate them and see if we can't take those that mean essentially the same thing and group them under one heading. And so I have a total of six categories, if you'll permit me to go through them. See if you agree with them. Number one is annexation. Both Commissioner Coletta and Commissioner Halas wanted to talk about that. The second is Florida legisl -- Florida state legislation. If we want to talk about the impact of any of the state bills concerning property taxes, it might be a good time to talk about that, and that covers, you know, one of my issues. The other one would be cooperative efforts with respect to Naples Bay and Clam Bay, and from that we could get into the speed zone issues and/or the equal access and cost issues that were brought up by Commissioner Coletta. And then the fourth category could be funding requests, which would be the funding requests associated with Sandpiper and Fleischmann project, Gordon River greenway, that was requested by the city. The fifth category would be charter government, and you could lump into that consolidation fire departments, which was raised by one of our commissioners, and then the last would be recycling program for the city patterned after that one -- the one that we have in the county . And I think those six categories would accommodate everything that all of us have asked for. If I missed anything, you know, tell me. CHAIRMAN COLETTA: Very good. COMMISSIONER COYLE: Okay. MS. WIGHT: You did very well, Commissioner. CHAIRMAN COLETTA: Any comments? MS. WIGHT: Looks fine to me. Page 220 April 24, 2007 CHAIRMAN COLETTA: Once again, you came through in a big way . Yeah, I think you got direction. MS. WIGHT: That looks fine, Commissioners. Anybody else? CHAIRMAN COLETTA: No. MR. MUDD: Three nods. CHAIRMAN COLETTA: Yep, got them. MR. MUDD: Thank you. MS. WIGHT: Thank you. Item # lOK RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS REJECT THE $16.5 MILLION COUNTER- OFFER FROM A THINA KYRITSIS AND ZANNOS GREKOS, OWNERS OF THE GAWN FISHIN', LLC PROPERTY LOCATED IN EVERGLADES CITY - APPROVED MR. MUDD: Next item on the agenda is lOK, and that is a recommendation that the Board of County Commissioners reject the $16.5 million counteroffer from Athina -- COMMISSIONER COYLE: We already did that. CHAIRMAN COLETTA: No, we didn't. We didn't vote on it. MR. MUDD: -- Kyritsis and Zannos Grekos, owners of the Gone Fishin' LLC property located in Everglades City. COMMISSIONER HENNING: Motion to approve. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: Okay. We have a motion to approve from Commissioner Henning and a second by Commissioner Coyle. And comments is the fact that this does not prohibit them from coming back and making another offer; is that correct? COMMISSIONER COYLE: That's right. Page 221 April 24, 2007 MS. RAMSEY: That is correct. I did want to point out though there is something in the executive summary that you do need to know, that the Manatee Protection Plan for this particular site, as it sits, where no matter what the price is, does not currently allow for a boat ramp or for dry storage at this location. I just wanted you to know that in case you didn't pick that out of there. Yes, sir? COMMISSIONER COYLE: Chairman, can I ask a question? But you go on to say in the executive summary that it might change in the future. MS. RAMSEY: That's correct. COMMISSIONER COYLE: What -- how certain can we be that that would be the case? MS. RAMSEY: I've asked the environmental people, you know, department, numerous times, numerous emails, trying to get to that as to like how long is it guaranteed. There is no guarantee. They anticipate there would be anywhere from three to four years before we would know whether we could or whether we couldn't. It is kind of iffy. And I can't get a better answer than that at this moment. COMMISSIONER COYLE: And it's sort of important-- MS. RAMSEY: Very important. COMMISSIONER COYLE: -- otherwise we won't be able to use it for the purposes we want to use it for -- MS. RAMSEY: That's correct. COMMISSIONER COYLE: -- and if we're going to hold it for three or four years in the anticipation that maybe we might be able to use it, there's a cost associated with that that has to be factored into what we're willing to pay for this property. MS. RAMSEY: That's correct. And we have shared that information with the current owner as well. COMMISSIONER COYLE: Okay, okay, all right. Okay. Thank you. CHAIRMAN COLETTA: We have a motion, we have a second. Page 222 April 24, 2007 Any other discussion? Commissioner Henning, did you have something else to add? COMMISSIONER HENNING: Yep. CHAIRMAN COLETTA: Please do. COMMISSIONER HENNING: Well, we know that the city council is opposed to this, the purchase of it, for a use of a boat facility. So unless they have changed their mind, why go down this road? CHAIRMAN COLETTA: Well, I don't recall them ever meeting to discuss it. COMMISSIONER HENNING: Well, Mayor Hamilton came up here and shared his concerns. CHAIRMAN COLETTA: Yeah, Mayor Hamilton, I very much respect the man and like him very much. But once again, the city council never met to discuss it. So I mean, they may have feelings that way and they may not. COMMISSIONER HENNING: Okay. Well, I know he's the spokesperson for the city, so I'm surprised to hear that he was doing that on his own. CHAIRMAN COLETTA: No, I -- well, they never had a meeting to discuss it. I don't really care to carry it any farther because then I might say he was working outside the sunshine and all that, and he never would do that. COMMISSIONER HENNING: No, I'm not even implying that. CHAIRMAN COLETTA: No, I know that and I want to make sure nobody thinks I am either. But the thing was is that we still don't have a determination. They never met to discuss it. We offered to send staff down there to try to get a discussion going so we could try to get some feelings on it, and they never picked up the opportunity to go forward. It might be a moot issue, but it's one of those things. Commissioner Fiala? COMMISSIONER FIALA: Yes. If all things are worked Page 223 April 24, 2007 through, including, you know, things with the environment and so forth, it would be such an ideal place -- CHAIRMAN COLETTA: Oh, it would. COMMISSIONER FIALA: -- if the price was right, and it's desperately needed as more and more places are drying up and bought out by developers, and then they can never be used for public access again. And just maybe these people will realize our dilemma and, you know, they would still be getting a good price for it and we would-- we would be able to then buy it for our future. But, you know, there's still clouds over the property when you think of what the environmental aspects are on it. So just maybe they'll come back and give us a positive. CHAIRMAN COLETTA: Meanwhile, you know, who knows what time will provide a couple weeks from now -- COMMISSIONER FIALA: Right. CHAIRMAN COLETTA: -- or whenever, what opportunities might present themselves -- COMMISSIONER FIALA: Right. CHAIRMAN COLETTA: -- what we may find out through discovery. I mean, I've got to admit at this point in time, it sounds less than favorable. But there we are. We got what we got, and we've got a motion not to accept the offer. And from that, no other comments? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, say aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? Page 224 April 24, 2007 (No response.) CHAIRMAN COLETTA: And the ayes have it 5-0. Item #1 OL RECOMMENDATION TO ADOPT A RESOLUTION SUPPORTING A FEASIBILITY STUDY FOR THE PROPOSED HEARTLAND PARKWAY -DENIED MR. MUDD: Commissioner, that brings us to 10L, which is 16A 1. It's a recommendation to adopt the resolution supporting the feasibility for study for the proposed Heartland Parkway. The item was asked to be moved from the consent agenda to the regular agenda by Commissioner Coyle and Commissioner Fiala. CHAIRMAN COLETTA: Okay. Why don't we start with Commissioner Fiala then go to Commissioner Coyle. COMMISSIONER FIALA: He pulled first. COMMISSIONER COYLE: That's all right. Go ahead. COMMISSIONER FIALA: I just have a real problem with this one. First of all, and most importantly, it doesn't even touch us, and I'm wondering why we're supporting a feasibility study. Are we going to end up paying some of the costs for it, number one. Number two, it's interesting -- you know, it's interesting, and I'm just going to throw this onto the table. Maybe I'm grasping at straws, but, you know, I've never been a proponent for paying tolls on the new two lanes on 1-75. As strongly as the -- as they're telling us it needs to be done, especially development industry telling us how much we need to toll this so we can build the other four lanes. And I'm just wondering, as we all know tolls never go away, I wonder ifsome of those tolls are going to be dedicated to building the Heartland Expressway which will then open the middle of the state right up to development. Page 225 April 24, 2007 CHAIRMAN COLETTA: Can I answer that? COMMISSIONER FIALA: I just thought I'd just place that on the table. CHAIRMAN COLETTA: And I can answer that. As a member of the authority, the answer's no. Ifwe have control of the authority, which we do at this point in time -- and Norm Feders (sic) will verify this -- we direct where the funds go. Ifwe don't have control of the authority -- if this doesn't pass, in other words, if the toll authority goes away, the state tolling agency's going to come in and toll it eventually on their own, and we'll have no say where the monies go. At this point in time we can direct them back to this area. Mr. Feder, would you address the question with more detail in all the authority that your office gives you? COMMISSIONER COYLE: Which is none. MR. FEDER: For the record, Norman Feder, Transportation Administrator. I believe the chairman is quite correct. Right now, based on the toll authority, if, in fact, there's a decision to toll, the authority would direct how that money gets spent and where it gets spent. If the authority doesn't move on that, we move on the fifth and sixth and eventually later it gets tolls, which it only -- it's about the only way it will probably come forward -- maybe with the Florida Turnpike -- without having the authority and any deal established with the turnpike, they have no provision to keep the monies locally. They could put it anywhere else, whether it's the Heartland or any other part of the system. COMMISSIONER FIALA: I'll just -- I'll just throw this little piece in here. With the authority, the faces change and so do their ideas, and depends on who sits there as to how the money's dedicated. But anyway -- MR. FEDER: Until a decision is made and instructed, that's Page 226 April 24, 2007 correct. CHAIRMAN COLETTA: Okay. And if! may, too, the feasibility study -- Mr. Feder, before you go too far. This feasibility study, would it require Collier County's contribution to it? MR. FEDER: That's very unclear. This is the first I got to see of this item, a concern that this was brought in through our efforts over in Immokalee without any real discussion. First of all, it is a facility that's noted to only go to State Road 82 in Fort Myers. It does not speak to enhancing 82 and 29 in any manner. It speaks to only concentrating on the northern end, which would be down to state -- or starting at State Road 60 south of Lakeland, which just happens to be right next to the district office in Bartow and establishing a road from there up to 1-4 and a connection to what is finally called the Polk pork way or the Polk Parkway, and that connection is the only thing that's provided for here. It's noted that even that section is only about 28 percent viable on tolls. It's noted that other funds would have to be obtained from local government. It's noted that they're asking for our endorsement of this concept of that facility up there from Florida DOT to use their PD&E monies to focus attention on an SIS facility that this would conceivably, I guess, become if they had everybody's endorsement. So my observation is, as a transportation planner, I hate to say that I don't want to see progress towards an alternate corridor. It's needed, but I don't believe it's to our advantage when we're a donor county within a donor state, within a donor district within a donor state, to the tune of us getting only about 56 percent of our return over a IS-year period. I don't think we want to put ourselves in endorsing an item. It doesn't even come directly into our county, and the prospects are, they're going to be working on the north end at first. They don't need our endorsement to do that. CHAIRMAN COLETTA: So your recommendation is, don't endorse this -- Page 227 April 24, 2007 MR. FEDER: Unfortunately, it would be my recommendation. I wouldn't say try to defeat the Heartland from proceeding forward, but right now we've got a lot of other issues that need to be addressed that are much more near term on the agenda and are not being addressed; 29, 82 being an example of that. CHAIRMAN COLETTA: Okay. Commissioner Henning? COMMISSIONER FIALA: No, Coyle was next. CHAIRMAN COLETTA: Oh, I'm sorry. Commissioner Coyle. Forgive me. I'm glad you're keeping an eye on it. COMMISSIONER COYLE: Commissioner Henning can go. CHAIRMAN COLETTA: Well, you go ahead, sir. We believe in senior members going first. COMMISSIONER COYLE: Okay. Well, Commissioner Fiala should go first all the time then. I don't know that I can improve on Norm Feder's recommendation except to say that, yeah, we shouldn't approve it and we should work like heck to defeat it because, you know, this is put together by people who believe there's a sucker born every minute, and I guess they think we're some of the suckers. Commissioner Fiala, the money's got to come somewhere -- from somewhere, and you can bet part of it's coming out of our pocket. We're already scrambling for money to do what we can do now in Collier County, and now people want us to support the spending of more money for a proposed Heartland Parkway. Now, let's look at process very carefully. On 1-75 right now we're taking a look at all the development that has occurred, all the traffic that is being generated, and we're trying to determine the feasibility ofa tollway. We're trying to determine how much money it will generate. Well, the Heartland Parkway is reversing the process. Nobody's decided how much development's going to be there. Nobody knows what kind of traffic is going to be there, but they want to do a Page 228 April 24, 2007 feasibility study anyway. The process is reversed. The governor knows the process is reversed and he says it's backwards. The secretary of DCA says it is the wrong way to proceed with planning roads, that first you have to do the long-range planning that is necessary. That hasn't been done. And the final kicker is, that this is going to benefit some ofthe wealthiest landowners in Florida, if not in the United States. If they want a feasibility study done for their Heartland Parkway that is going to open up their land to make them billions of dollars, then they're certainly welcome to do the feasibility study, as far as I'm concerned. And if you ever wanted to know a good reason not to support tolling of 1-75, it is the fact that efforts like this are going on which will, in fact, undermine the ability of 1-75 to be successful as a tollway. So this is a no-brainer in my opinion. I'm even offended that it comes to us. CHAIRMAN COLETTA: Well, these types of things are why we're sitting up here is to be able to make these hard decisions. Let's see if we can get some guidance from Commissioner Henning. COMMISSIONER HENNING: I'm going to pass. CHAIRMAN COLETTA: Okay. Then let's have a motion up or down. COMMISSIONER COYLE: I make a motion to disapprove and, in fact, I would even support a resolution opposing the Heartland Parkway. COMMISSIONER FIALA: Second. COMMISSIONER HENNING: I do want to say something, okay? CHAIRMAN COLETTA: Okay. COMMISSIONER HENNING: The Heartland highway, if it does bring growth in that area, that's a good thing for Collier County. It would give other people choices when they want to come to Florida Page 229 April 24, 2007 besides Collier County or Southwest Florida. Anytime that we can direct growth away from here, I think it's a good idea. So I can't support the motion, but I can be silent on the other one as to not to support. COMMISSIONER COYLE: Let me break it into two parts and just deal with what's on the agenda. That's the proper way to do it anyway. Let's just -- motion to disapprove this resolution. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: Okay. Before we vote on that, how many speakers? MS. FILSON: I have one speaker, Brad Cornell. MR. CONRECODE: I'm not registered as a speaker, but -- CHAIRMAN COLETTA: Well, hurry up. Yeah, go ahead, please. MR. CONRECODE: For the record, Tom Conrecode. As you all know, I've been advocating for transportation solutions in our region and certainly outside of our region for more than a decade. The corridors' initiative, of which the Heartland Parkway is one of the designated corridors, covers nine future corridors that deal with transportation issues throughout the state through the year 2060. It was a process that went through multiple years, multiple public hearings and meetings, including DCA, DEP, DOT and a whole lot of other very smart people in Tallahassee that are supposed to be thinking about planning for our future. Of the nine corridors identified through that process, four of them are going forward with some level of additional study. The Heartland corridor happens to be one of those. That feasibility study occurs with or without your support. What this resolution attempts to do is to provide you a seat at the table to discuss how all that -- all that traffic coming south from 1-4 will come into Collier County, because right now there are three potential ways that that could terminate. We could stop at State Road Page 230 April 24, 2007 80, they could stop at State Road 82 in Lee County, or it could stop at the 29 bypasses around Immokalee. Ultimately the idea is to make an interconnection with 1-75 and the Alley in order to serve freight traffic that's currently going through 1-75 in Lee and Collier Counties in order to get to the Midwest. So this is a much bigger issue, a much bigger picture, and I apologize that I haven't had an opportunity to speak to each of you to provide more detail about what the corridors' initiative is all about at the state level. I know we have a new DCA secretary, and he's trying to come up to speed on this. He has been meeting with the DOT secretary, the DEP secretary. They're going to have the regional conference in Southwest Florida in the near future specifically to talk about this Issue. So I apologize I didn't provide more information to you ahead of this item, but there's a lot more to it than just saying, we think it should or shouldn't. It's going to happen with or without us. It's a question whether we have a seat at the table to discuss how it affects our future. Thank you. CHAIRMAN COLETTA: Mr. Cornell. MR. CORNELL: Good evening, Commissioners. I'm Brad Cornell on behalf of Collier County Audubon Society, Audubon of Florida, Florida Wildlife Federation and the Conservancy of Southwest Florida, who have all asked me to speak on this issue. I want to counter what you just heard from Mr. Conrecode. The current governor and the current DCA secretary, Department of Community Affairs secretary Tom Pelham, have both been quoted in the media as being very vocally opposed to this concept of the Heartland Parkway. Not only that, the whole corridor action plan that he spoke of that was supposedly brought forth from the best and the brightest in Tallahassee has been denigrated by both of these current Page 231 April 24, 2007 administrators and our current governor. And I would point out if you look at a map of Florida and pick out where development is not currently, you would find that those are the nine corridors that are in this plan, and I would heartily not recommend that as the way to plan for Florida's future. That is not the way. You do not find a road, put a road on the map, and then build your communities around the road. That's the recipe that we've had since World War II, and it's response -- it's responsible for the kind of sprawl and ineffectual unsustainable development that we've seen to the extent that that's happened. I would like to point out something that's been very good in Collier County. We've taken the bull by the horns more recently in the rural land stewardship and the rural fringe policies that you all have adopted into our comprehensive plan where planning happened on the basis of what was there on the land. We looked at the landscape, we figured out what was important to protect in terms of agriculture, natural resources, and then planned the community around those issues, and then you look at your infrastructure. And I would compliment Collier County and you all for supporting that way of doing business and not -- and also your wisdom, and I would heartily second what Commissioner Coyle has spoken about, heartily second the fact that you don't have a road planning your land use for the future. That's been proven to be the worst way to go about it. So we strongly support your opposition of this resolution and also opposition of this way of planning. We think that the Department of Community Affairs would have a better way of planning for this region, and we look forward to the workshop that they will be bringing to Southwest Florida. Thank you. Page 232 April 24, 2007 CHAIRMAN COLETTA: Thank you. Okay. We have a motion, we got a second. Commissioner Coyle, I believe you already spoke. Did you have something else? COMMISSIONER COYLE: No, I was -- but Commissioner Henning's light is on, so he might. CHAIRMAN COLETTA: It is. I'm not too sure. I'm just going down -- COMMISSIONER COYLE: Yeah. He should go first, and then I'll go. CHAIRMAN COLETTA: Oh, that's right. It's his birthday today. COMMISSIONER COYLE: That's right. CHAIRMAN COLETTA: Okay. Commissioner Henning-- COMMISSIONER COYLE: He's older than I am today. CHAIRMAN COLETTA: -- since it's your birthday. COMMISSIONER HENNING: That's a false statement. CHAIRMAN COLETTA: Okay. COMMISSIONER HENNING: No. It was on there from before. CHAIRMAN COLETTA: Your birthday? Oh, the light, okay. COMMISSIONER COYLE: Then I'd just like to make a final comment. I think Mr. Conrecode is correct. This will happen whether we like it or not. The people -- no. Some of the elected representatives in Tallahassee serve to benefit personally from this particular process, and they are going to push it and steam roll anybody who gets in the way, and it makes no difference what we do, whether we approve it or not. We're not going to have a seat at the table. And even if we got a seat at the table, we wouldn't have anything to say about it, just like we didn't have anything to say about the Growth Management Plan or about the tax proposals or the removal of home rule authority for local governments. Page 233 April 24, 2007 Developers have found that they can get what they need by going to legislators in Tallahassee and getting it. They don't need to go through local governments anymore. So we don't have a table. We're not going to get a seat at the table to do anything. So they've cut us out of the process. And I'm not, quite frankly, in the mood to help them by passing resolutions. CHAIRMAN COLETTA: Okay. We appreciate your insight. And I'm going to make a comment that I can't support the resolution because I do think we're removing ourselves from the table at a point in time that we could be influential in what's happening. This isn't going to happen in our term as commissioners. This is future long-range planning way off there at some other point. But needless to say, you know, it's the will of this commission, and we are going to go forward with the vote. All those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? Aye. Let the vote show that I was -- I was alone on the dissenting part of the vote. Next item, Mr. Mudd. Item #IOM RECOMMENDATION TO APPROVE A ONE YEAR TRAFFIC RESERVATION EXTENSION ASSOCIATED WITH THE APPROV AL OF THE TRAFFIC IMPACT STATEMENT (TIS) SUBMITTED WITH THE VERONA WALK PHASE 4C AND 4D PPL AR#9241 - APPROVED Page 234 April 24, 2007 MR. MUDD: It's 10M, and that used to be 16B6. It's a recommendation to approve a one-year traffic reservation extension associated with the approval of the traffic impact statement submitted with the Verona Walk phase 4C and 4D PPL AR#9241. The item was moved at Commissioner Coyle's request, and Nick Casalanguida from transportation division, will present. CHAIRMAN COLETTA: Well, before you begin, let's go right to Commissioner Coyle. COMMISSIONER COYLE: Yeah. Let's go through this. The only reason I pulled this is in a meeting with Mr. Y ovanovich, the attorney for the petitioner here, indicated that he wanted to buy a new car, and if he could sit in Board of County Commissioners room all day today, he could probably cover the entire cost to discuss this item. MR. CASALANGUIDA: I suggest we continue it to the next meeting. MR. YOV ANOVICH: That's not a very nice car. COMMISSIONER COYLE: Seriously, my only concern, Nick, was the statement in the executive summary that says that if we grant this extension, that the developer agrees to address their obligations within a certain time period, okay. Now, that doesn't mean they agree to accept their obligations or to pay their obligations. It merely says they will address their obligations. So my feeling is that if we're going to grant an extension to the traffic impact statement, that we should get some assurance that they will, in fact, pay the fair share of whatever impacts we have previously agreed to and they will do so within a specified period of time. That's all I want to do. MR. CASALANGUIDA: That's fair, sir. COMMISSIONER COYLE: Okay. And I think that Mr. Y ovanovich agrees with that except that right now you don't know what some of the costs are. Page 235 April 24, 2007 MR. CASALANGUIDA: That's correct. COMMISSIONER COYLE: And you don't know how much he's going to have to pay for some of those, if anything at all; is that true? MR. CASALANGUIDA: That's correct. COMMISSIONER COYLE: Okay. So how can we get -- what can we say in this agreement, this extension, that will get us the guarantees we need and get those guarantees satisfied within a specified time period? MR. CASALANGUIDA: Just to alleviate some of your concerns -- and for the record, Commissioner, Nick Casalanguida, with transportation planning. As part of the DRI review process and your PUD auditing process and as part of any development order application, we're being pretty diligent about reviewing the PUD commitments that are there. So any application that comes in from this development will be stipulated for approval to comply with those PUD and DRI requirements. Tying it in as part of the extension was just another avenue I wanted to use to put something on the record and put him on notice that these things are coming due. We had put a time frame of approximately 180 days because we didn't have the actual costs at that time. We have the mechanism through the audit process and through the development order review process to make sure that they comply. They have several other applications that they've agreed to -- we expect those to be held up until we comply. And in fairness to this developer, who's done Island Walk, when we asked for a payment for a signal, they wrote the check even a year after the development was completed. So we have a good history with them. We have a mechanism to make sure that they pay. This was to put them on notice, and they've Page 236 April 24, 2007 been willing to put on the record that they're willing to do this, so I think I'm pretty comfortable with that. COMMISSIONER COYLE: So you feel comfortable with the wording as it is right now? MR. CASALANGUIDA: Yes, sir, I do. COMMISSIONER COYLE: Okay. Then I'll make a motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: And we have a motion for approval by Commissioner Coyle, 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. MR. CASALANGUIDA: Thank you, sir. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it 5-0. Item #lON RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS A WARD CONTRACT # 06-4049 PUBLIC UTILITIES DIVISION ASSET MANAGEMENT PROGRAM DEVELOPMENT AND IMPLEMENTATION TO CAMP DRESSER & MCKEE, INC., FOR AN AMOUNT FOR THE FIRST PHASE NOT TO EXCEED $447,946.00 - APPROVED Page 237 April 24, 2007 MR. MUDD: Commissioner, next on -- the next item is ION. It used to be l6C6. This is a recommendation that the Board of County Commissioners award contract number 06-4049, Public Utilities Division Asset Management Program Development and Implementation to Camp Dresser & McKee, Inc., for an amount for the first phase not to exceed $447,946. The item was asked to be pulled by Commissioner Coyle and Commissioner Henning. CHAIRMAN COLETTA: Okay. COMMISSIONER COYLE: Who wants to go first? CHAIRMAN COLETTA: Let Commissioner Henning go. COMMISSIONER COYLE: Okay. COMMISSIONER HENNING: Well, the problem that I have, it says this is the first phase, and you get us down the road after phase 1,052 and then we can't get out of it. That's my problem with this item. I think that we should have full disclosure of what the cost is going to be, how many phases, and so on and so forth. The next thing that I have a problem with is the board determined that the SAP system will be the centralized system for the county, the clerk, and other constitutional officers, and in this executive summary it said they -- well, we'll take a look at it, see if it will apply. I just don't feel a lot of confidence that that's going to be taken a look at, and apply that to SAP. MR. WIDES: Commissioners, for the record, Tom Wides, Operations Director of Collier County Public Utilities. Commissioner, to respond to your first question in terms of the phasing, yes, we do see three phases, okay. In fact, phase one is to understand what we have in our current systems and what is missing. And I'll describe it very highly as a gap analysis for asset management. Phase two, yes, that would be the design process. We don't know Page 238 April 24, 2007 at this point in time what the cost will be of phase two or an implementation phase three we do not know. I recognize that, and that's very true. What I will tell you though is, what we gain from this from assessment phase, I don't see to be a throw-away product. Quite frankly, we may find during this first assessment phase, and what we would be looking for is, in fact, using some of the current functionality we have today, is that a possible alternative? Is SAP a good alternative? Is -- are there linkages, natural linkages? Are there linkages to our billing system, in fact? Are there linkages to our existing work order systems? Those are pretty tremendous tasks to map out those activities from a -- from literally an assessment point of view. What I would say also from a -- I'll call it a prudent management approach to the assets that we have on the ground, we know with GIS, we now are learning where they're all at, but we don't have a good feel for their state of -- for their state of the actual asset themselves. We do know that pumps and pipes, electrical components, have an asset and have a useful life. If we can get ourselves to a stage where we can look at that asset in a financial system and say, that's what we're using in our management system also to manage, to replace, to rehab, those are all pieces that we can start to understand by getting through this first phase of this project. So I will admit, no, we don't have the cost for phase two or phase three, but we do know that this is not throw-away work from phase one. And if may add one more thing into this. I personally, and a number of our directors, have gone out and gone to various conferences to try to understand what other communities, what other businesses are doing to try to improve their state. And with -- the first thing that we hear from them and when we had the Qualser (phonetic) presentation a couple of years ago, the first Page 239 April 24, 2007 thing we heard from them is the asset management system's value, okay. And those who don't have it, how far behind? You're kind of shooting into a dry target trying to understand your planning. Commissioner, I hope that helps to respond. COMMISSIONER HENNING: It -- thank you. Yes, it does, but why not ask the question, how can we integrate our billing system into SAP and our work orders and our asset management? But this doesn't say that. And, you know, we talk about consolidating functions in county government, and I got a concern that we're moving away from it. MR. WIDES: Commissioner, maybe the -- one of the first things I would respond to is, in order to determine where we want to go, we need to have a comprehensive understanding of the systems that we have today. How they interrelate, how does GIS interrelate potentially either with an asset management system or more fully with SAP, okay. And one of the significant tasks that we have, which is up on the visualizer here, is the technology assessment. We have a not-to-exceed $71,000 of the 400 and -- almost $450,000 designed to look at our existing software, our existing inventory of software, look at the flows between and among those systems and finally, yes, in fact, not just take a cursory look at SAP, not take a cursory look at GIS or the other systems we have, but look at these systems, see what they will provide and how we can either utilize information from them so we aren't re-inputting data for a second time or interfacing back to them, but get a much better picture of what is our asset availability with the systems we have today. COMMISSIONER HENNING: Why don't you go to Commissioner Coyle. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Yeah. I have the same primary concern, is that we don't know what phases two and three are, how Page 240 April 24, 2007 much they're going to cost, how long they're going to take and what the benefit really is going to be. But there are some things that I know, and here's how this process work. We do the initial assessment as a consultant, and most consultants who have done these know exactly where they're going to come out in the end because they've done them for somebody else. They're going to sell you something else. So at phase two and phase three, it could be another couple million dollars. Now, something else I know is that we have a pretty darn good public utilities division with some pretty good people here, and I am surprised that with the people we've got here, we don't know what it is we've got. Maybe we haven't documented it as well as we should, but I'd be willing to bet you that knowledge exists. I think you know where your lines are, where your pumps are, where your motors are, where your facilities are. You gave us a presentation just a couple of years ago where you talked about examining the life cycles of pumps and motors with the objective of determining how -- when you were going to have to swap these out, what you would have to maintain in inventory, which types of equipment you should maintain so that they could be swapped out quickly and you wouldn't have to wait for order and ship time. We went through that in some detail at least two to three years ago. And I just can't believe that a division that operates as well as this division does doesn't already have a lot of that knowledge and information. And even if you required some additional people to do this, I think you'd be way ahead doing it in internally, at least the initial assessment phase. Can you always bring in a consultant to brief you on what an asset management system does, which ones are available, what are the advantages of those, and take me somewhere where I can see them work. But the process of understanding work flow and processes and assets is something that I don't believe anybody knows better than you know. Page 241 April 24, 2007 MR. DeLONY: For the record, Jim DeLony. COMMISSIONER COYLE: And that's what bothers me, okay? MR. DeLONY: Yes, sir. If I may respond. Thank you for the compliments. Jim DeLony, public utilities administer. You're right, sir, we know what we're doing. We really do. I mean, we've got great folks. They're all sitting right here with me. Sometimes a lot of our work is changing a wheel on a car moving down a highway with the normal ongoing pulse and tempo of the operation, staying in compliance, being a demand on a daily basis, doing the things we have to do to coach, teach and mentor the future of your employees and so on. I don't like going out of house and doing things that I would want to do in-house. I'm not going to say I don't have the people. If I thought that this task could be accomplished with more in-house staff, I'd be up here asking Mr. Mudd, then, in turn, hopefully he would support me to ask you to get those resources. I don't believe we know what we need to know to accomplish what's on the chart that you have in front of you there, to blend into an accounting system as well as an operational system, to make those just-in-time decisions from an operational and a link-to-financial standpoint to arrive at that best-value solution I've promised you since I've been here. Now, with regard to that, we've looked across the market, we've looked at utilities that have tried and failed, ones that have tried and been successful. I'm not going to come back with a solution that some consultant gave us because he led me down the wrong road. That's not what I -- we're about. But I understand exactly how you feel, sir. I know what you're saying, and I kind of visited where you're talking about. I can't take any issue with what you're saying. I just don't -- I think at this critical point where we are in the utility or given our sizing and our potential sizing, this is a good move to do a full-stream assessment of what Page 242 April 24, 2007 we're got in hand, SAP, geographical informational management systems, our operations 10, which is our in-house warehousing system, and see what the blend of those, because they were essentially systems brought on board as each instead of a family of system. Now, we believe SAP's got some capabilities to go from just a -- it states right now it's an accounting system to more of a management system. And we will continue to make that, in my assessment, where it's applicable; the workhorse for everything we do. That's the commitment that Mr. Mudd has given to the staff from day one about what we're going to do with SAP into the future. I can't tell you sitting here today with any great knowledge -- and I think I speak for my staff as well -- where SAP would be limiting or be helpful at this stage of the game. We have a great attitude, a great idea, of where our stuff is, and what it is. We don't yet have the ability to move that to just-in-time decisions about financial matters in the 15- to 20-year earmark. Primarily what's on this chart that deals with taking those assets from -- into modernization, preparing for placement and having that strategy long-term so when we go to bond -- when we go to rating, when we go to impact fees, we've got the sufficient financials backed up with the status of the infrastructure. The asset management program we seek would give us that assistance and help us with that crystal ball, and that's what we're trying accomplish, sir. You're right. Nobody should know that better than us, and that's where we should stand. Can we do this in-house with current? I don't think so. Should we wait until we can muster the resources in house to do so? That's one strategy. I thought that looking at it in this manner, which we've approached the board here in this phase manner, we'd be able to eke this a little bit one good step at a time, crawl, walk, run to our ultimate destination to accomplish what you see in this chart in front of you. That's the approach and deployment. There are probably many other Page 243 April 24, 2007 ways to skin this -- skin this or accomplishment, but that's the strategy we put before the board today. COMMISSIONER COYLE: Well, once again, I'm not going to get involved in trying to tell you how to operate, but there are certain fundamental elements to this kind of decision process that I think you understand as well as anyone else. You're going to have to have an inventory of your physical assets. You've going to have to have work flow. MR. DeLONY : Yes, sir. COMMISSIONER COYLE: You're going to have to have some understanding of what your goals and objectives are. I think you've got all that. I think you know that. MR. DeLONY : Yes, sir. COMMISSIONER COYLE: What you don't have, probably, is the time to allocate specifically to doing those kinds of things because you're so tied up in the operational -- day-to-day operational aspects. A small team working full time at something like that, under the guidance of your department heads who already have the knowledge, should be able to pull together this information fairly quickly for you. And then we've got SAP assets available either in-house or we can get them from a consultant who can look at the information you gather and say, here's how we can integrate it or, no, we can't integrate it. Once you've got this information, you can bring a potential vendor in here for presentations and say, here's the information I've got. Here's what I have to put into this thing, here's what I want to get out of it. Now, what do you have that will help me get there, okay? And you'll find that those people that you used to gather that information and develop those procedures and documentations and objectives will be invaluable as you go through the process of selecting your systems and implementing them and training people on how to use them and refining the process. So they will bring you dividends as you go down the road. Page 244 April 24, 2007 The only way you can get the same payback by hiring a consultant is to pay them more money on another engagement, and it's going to cost you lots and lots and lots of money once you get into it. So I would hope that you could find a better way to proceed with this, but I do not want to interfere in your ability to continue creating the finest public utilities division around because I know that's what you're doing. And I just am uneasy about committing a half a million dollars to something when I can't see the light at end of the tunnel. MR. DeLONY: And you know what, sir, there's just not a thing in the world that I don't agree with what you said. In terms of creating those champions, in-house champions to carry the ball to the next level, you're on the mark. I mean, there's no better way to do it than to grow your own when you have the capability to do that. Sometimes, as a matter of slope and pass, you want it today, instant gratification or you want to, you know, raise your own tomatoes or go down to town and buy tomatoes, I mean, it's really in that category is what we're speaking here today in terms of approach and deployment. Here's the bottom line, you know. We are in the -- we're in the throes of a tremendous expansion program in public utilities, created by concurrency management. And, you know, we continue to dial that and to do those tasks every day. Concurrent to that, you know, we're competing at market. And I'm not complaining. I mean, we're at market. We're the pretty tight technical labor base here in Collier County. Nothing new there. Finally, with regard to us, real-time need for this information exists yesterday for this utility. If we're going to be a world-class organization, I needed that information three years ago when I brought you a rate study, and I'm going to bring a rate study in here to you, sir. We're going to assess our financials in June. We may be a year earlier than the third year of the current rate study, and that's one of the things in our financial plan to look at mid year. So the need for it Page 245 April 24, 2007 is real time. So the tomatoes need to become -- if I can get them off the shelf and they're good, that's what I'm seeking in this particular solution, and that's the point. I can't argue with you or give you a better alternative in what you present in terms of approach and deployment. I just believe that the timing of it is appropriate. This contractual arrangement that we're proposing is a time and materials cost. It's not a lump sum. And we'll dial in as we see fit these tasks, and there's a number of them. This is the first three on this chart. This is all in your packet in terms of the contract proceeding -- next chart, please. All these estimates that you see here are our best guess estimates for these deliverables. But again, we'll dial those in -- dial those in based on what we -- what we determine, as the project delivery team, for each one of these deliverables. And that's our approach currently, sir, and that's what we've proposed and have recommended to the board. COMMISSIONER COYLE: So if you go through phase lH -- MR. DeLONY: Yes, sir, COMMISSIONER COYLE: -- how much money have you spent? Half of the 400,000? MR. DeLONY: Well, that could be. I mean, it could be. It is cumulative in that regard. But at the same time, we've made these good faith estimates for each of these deliverables. And again, they're dealing with a time and materials delivery both in terms of the quality and quantity. You know, when you put these -- when you look at -- you look at this in terms of a proposal from a consultant, you're looking at his capability to provide you the deliverable as opposed to the specifics of that deliverable until you get into the guts of it, and that's how you do this particular type of arrangement. This is a time and materials arrangement. COMMISSIONER COYLE: Well, add up for me very quickly the total costs of phases IA through IH. Page 246 April 24, 2007 MR. DeLONY: Okay, just a second. It should come to approximately 467- -- COMMISSIONER COYLE: It adds up to the whole amount of 467-? MR. DeLONY: Yes, sir, but we broke that down in this presentation, what we thought our good faith estimate for each deliverable. And I don't know if you agree with me or not -- with your experience, I'm sure that -- I think you'd get at least 80 percent agreement that this approach in terms of these deliverables that are on these charts -- did you flash each one of these up, Tom -- is the way we'd get home with regard to what we discussed, you and I, over the last five minutes. You know, with each one of these deliverables is how you build this particular kind of system. And I know you've done that in the past in your earlier life. COMMISSIONER COYLE: That doesn't add up to 487,000. MR. DeLONY: Not yet, sir. COMMISSIONER COYLE: Okay. You've got more? MR. DeLONY: Yes, sir. COMMISSIONER COYLE: Sorry. MR. DeLONY: Deliverables are A through H. Sir, I did the best to answer the questions. Is there anything else I can ask -- answer in terms of this proposal that we have? And by the way, again, thank you for your compliments with regard to our division. COMMISSIONER COYLE: Okay. Don't look at me. CHAIRMAN COLETTA: We're looking at you for guidance. You pulled it -- COMMISSIONER HALAS: I make a motion for approval of this. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: Okay. Second? COMMISSIONER FIALA: Uh-huh. Page 247 April 24, 2007 CHAIRMAN COLETTA: Okay. We have a motion for approval by Commissioner Halas and a second by Commissioner Fiala. Commissioner Henning, did you have something else to add? I don't know if I turned your light off when you weren't ready or what. COMMISSIONER HENNING: No. I have no more to say. CHAIRMAN COLETTA: Okay, fine. With that, all those in favor, indicate by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Opposed? (No response.) COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Okay. Let the record show that Commissioner Coyle and Commissioner Henning were in opposition. MR. DeLONY: Thank you, Commissioners. Item #100 RECOMMENDA TION TO CONFIRM APPROVAL OF THE STARNES PROPERTY AS A CATEGORY A PROPERTY ON THE FOURTH CONSERVATION COLLIER ACTIVE ACQUISITION LIST AND DIRECTION FOR THE COUNTY MANAGER OR HIS DESIGNEE TO ACTIVELY PURSUE THIS PROPERTY, CONSIDERING AN ACTUAL APPRAISAL VALUE THA TIS SIGNIFICANTLY HIGHER THAN ORIGINALLY ESTIMATED - APPROVED MR. MUDD: Commissioner, the next item on the agenda is 100. 100 is -- used to be item 16E7. It's a recommendation to Page 248 April 24, 2007 confirm approval of the Starnes property as a category A property and fourth Conservation Collier active acquisition list and direction for the County Manager or his designee to actively pursue this property considering an actual appraisal valued that is significantly higher than the originally estimated, and this item was asked -- yeah. This item was asked to be moved to the regular agenda by Commissioner Coyle. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: I'm doing it again, right? Okay. It's just no secret why I didn't pulled this one. With the real estate market that is -- that is sort of in a depression, we've got a piece of property that comes in almost $2 million higher than our estimate and our appraisals. I think we would be smart to reject the offer from the owner and let him sit on it for awhile. CHAIRMAN COLETTA: Is that a motion? COMMISSIONER COYLE: It is. COMMISSIONER HALAS: Second. CHAIRMAN COLETTA: We have a motion by-- MS. FILSON: I have two speakers, sir. CHAIRMAN COLETTA: All right. We're going to come to that. We have a motion by Commissioner Coyle and seconded by Commissioner Halas. Please call the speaker. MS. FILSON: Brad Cornell. He'll be followed by William Poteet. MR. CORNELL: Good evening, again, Commissioners. Brad Cornell on behalf of Collier County Audubon Society. It's not clear to me that there has been any offers. I believe this is just an appraisal that has come in higher, and staff wanted you to know that the approval that you had made previously was based on a lower appraisal. Now the appraisal a year later is more accurate, and this is what is being reflected and the reason for the agenda item. You can ask Page 249 April 24, 2007 your staff. Since I'm speaking before staff, I'm a little awkward here. But 1 do want to go on to say that this particular parcel, 367-acre Starnes parcel, is one of the largest of the Conservation Collier acquisition proposals and it's a very important strategic piece that's within the CREW system, around Corkscrew Swamp Sanctuary and the Corkscrew Regional Ecosystem Watershed. It's vital for flood protection, wetland protection, habitat protection and water quality protection. All of those reasons are clearly in the public's interest. There also is access and public recreational values that can be associated with this parcel. I think that even with the increased appraisal, this still falls well within the range of a public value that it strongly recommends Conservation Collier acquisition. And we would urge you to keep this on the A list and to direct your staff to negotiate with the landowner. We don't know what they're asking, but not negotiate, but to work out a deal, because we don't negotiate through Conservation Collier, but to use this as the basis for the offer. Thank you. MS. FILSON: The next speaker is William Poteet. CHAIRMAN COLETTA: Did you want to address something now, or did you want to wait, Commissioner Henning? COMMISSIONER HENNING: I'll wait. MR. POTEET: For the record, my name is William Poteet, and I serve as chairman of Conservation Collier. I'm speaking here on behalf of myself and not the conservation committee. But the purchase of the Starnes property, we felt, was very, very important. It was the largest piece of property that we had been offered to date. The price of the property, it was an initial estimate that the real estate department gave us. It was not an appraisal. So we were basing it on an estimate that the real estate kind of picked out of the air and said, we think it's going to be in the ballpark. It came in a little higher, and I realize it's gone up, you know, a Page 250 April 24, 2007 million dollars or plus. But when you start Looking at it per an acre basis, you're looking at it going from $11,000 an acre to $14,000 an acre, which was not a huge increase if you looked at it by an acre basis, and that's how we pretty much look at it. If we look at all the other little bitty properties that we buyout there in a small acreage fashion, this is probably the most inexpensive piece of property that we actually have submitted to you per acre of any of the properties out there. It's a very, very important property for the watershed issues up there with the CREW properties, and just some wonderful things can be done on the properties, you know, 367 acres, approximately. And we just thought it was too valuable to turn away, and we knew that, yes, the price was higher, but under our guidelines in Conservation Collier, we tell these people to submit the offers there, and we'll rank them, and then we will pay them whatever the appraisal is. It's a fair market value, and that's what it came in as. So, you know, we have to live with what we decide -- what we say. It wasn't something that we can go negotiate saying we can take it for a couple million less. We're not -- we don't have that position to do that. So I just recommend that -- and ask you to continue to kept it on the A list as part of the purchase for the Conservation Collier plan. Thank you. MS. SULECKI: Can I-- CHAIRMAN COLETTA: Commissioner Coyle, did you want to address that? COMMISSIONER COYLE: Yeah. The problem I have is that the appraisal that we've got was an appraisal done in May 2006, almost a year ago, or the estimate that we have. Right? MS. SULECKI: That's right. The estimate was done during the approval process based on comparable sales at that time. COMMISSIONER COYLE: Okay. That was May oflast year. That was before the property values began going south in Collier Page 251 April 24, 2007 County, and now a year later you're telling me that it's 30 percent higher. MS. SULECKI: That whole Corkscrew corridor, a lot of sales were from that area, and that is actually booming, I think. COMMISSIONER COYLE: Yeah. But is it booming because the government buying land at a price that is way higher than they should be buying it? I don't know if that property that Lee County purchased is worth the amount they gave -- they purchased it for. MS. SULECKI: Lee County has a little bit different -- and for the record, my name is Alexandra Sulecki, Coordinator of Conservation Collier. Lee County has a little bit different policy than we do, and they negotiate, and that price was based on their negotiations and considers access very similar to the Starnes property. So it's really a good match. But we do have real estate services folks here who can answer your questions about that because actually the area comparables from our two appraisals that were done just recently came in at that amount. So what we had before was an estimate based on comparables at that time, and what we have now is the actual appraisals, there are two, and the comparables based on the reality of the situation, you know, which is what our purchase policy says we will do. But if you have questions about the comparables and about real estate in that area, you might want to ask. CHAIRMAN COLETTA: Yes. Why don't we ask some questions. I think that this is important enough to really know where we stand on it. I have some questions about real estate, but I'm not going to jump in front of Commissioner Henning, Commissioner Fiala. You go first and I'll come back later on it. COMMISSIONER COYLE: Well, I just had one question to ask the real estate people. Look, who gave us the estimate of value for May 2006? MR. LEONARD: For the record, I'm the real estate appraiser, Page 252 April 24, 2007 and my name is Roosevelt Leonard. I'm the person that provided the estimate for May 2006. COMMISSIONER COYLE: Okay. Now, you're telling me, Mr. Leonard, that in spite of all the things that have happened with property values in Collier County in the last 12 months, that this particular property has increased in value over 30 percent in the past 12 months? MR. LEONARD: No, I'm not saying that. This is the way the process worked in May. When I provided the estimate, it was a range of9,000 to 12,000 dollars. In May, at that particular time, I felt that the estimate would be a little bit on the lower side. That's why I provided the range of 9- to 12-, and I considered around 11,000 to be adequate at that particular time. The -- there's a unique situation that happened with this particular parcel. The appraisers used the current market data as late as February '07. Well, there was a comparable that sold that's recent in the Starnes area for 13,500 per acre. And the second reason for the increase, yes, the -- Lee County is negotiating a parcel that happens to have been appraised at 14,500. Given that particular data, the 13,500 and the 14,500 of the parcel that's being negotiated, the appraisers felt that the 14,000 per square acres was the new current market value. Now, had I taken a look at the comparable sales, the pending sales, I believe I would have been at 13,000 per acre. So there would have been an increase in the current market estimate. Now -- and then there's something also that, you know, right now myself and the rest of the real estate staff, we currently don't have access to the MLS. And what the MLS will provide us -- and we cannot become members of the MLS because we are a government entity, so we've already tried. But the MLS will give us current listings, current pending sales and expired sales. Those are important because they will give us a Page 253 April 24, 2007 direction on which way the market is going. But without that being possible, at this particular May time, I do believe that the 11,000 per acre was a fair estimate of the property at that particular time with what we've had. COMMISSIONER COYLE: Okay, thank you. CHAIRMAN COLETTA: Okay. Commissioner Henning? COMMISSIONER HENNING: Is it Mr. Leonard? MR. LEONARD: Yes. COMMISSIONER HENNING: Yes, thank you. I have a question for you. I hope it's you. Did you study the appraiser's reports? MR. LEONARD: I did, sir. COMMISSIONER HENNING: Okay, great, thank you. Did you walk away with the best use for this as five-acre ranchettes is how they came to their determination? MR. LEONARD: Well, some of it was -- you know, one appraiser stated in his analysis that he thought it would be best to leave it vacant and have some type of use for the grazing and oil and gas leases. But just let me say, yes, you can develop the parcel into five-acre units, but I still considered that the highest and best use for the parcel is vacant ago COMMISSIONER HENNING: Is that what they determined? MR. LEONARD: Yes, it is. COMMISSIONER HENNING: Okay. Well, I misread it. But vacant ago for -- MR. LEONARD: That's the current zoning. COMMISSIONER HENNING: That's the current zoning. And that would be for what its use is now, is grazing right, grazing cattle, right? MR. LEONARD: Yes, it is. COMMISSIONER HENNING: How does that -- there's wetlands in there. Now, I've heard of MelaIeuca-eating cows, but I Page 254 April 24, 2007 haven't heard of -- true story. Cows that eat wetland vegetation. MR. LEONARD: I'm going to defer that to Alex to -- COMMISSIONER HENNING: I don't think you can answer that -- nobody can answer that. So you really don't know. And I don't know if that was taken under consideration of the usable wetlands or what can be used in the wetlands. So is that a -- I mean, they based it upon per acre, the total price of the acre. And, you know, wetlands play an important function as far as the environment, but I don't know about what important function it plays in farming or development or whatever, except for mitigation. MS. SULECKI: I'll try to answer -- I'll try to answer, even though it was a rhetorical question maybe? COMMISSIONER HENNING: Well, no. It was a very serious question. I don't think anybody can answer it. There is no use for wetlands. MS. SULECKI: Well, I have one answer. COMMISSIONER HENNING: Okay. MS. SULECKI: It may not be the answer. But I brought up this map because this is a map of the wetland soils on the property, and you might see underneath it that most of it has been cleared at one time for grazing and is being used for grazing. The wetland soils are really in very discrete areas. The vegetation that remains, and maybe some Melaleucas down here, I don't know. But I have traveled through this property, and the wetlands are simply open marshes. So when we say that, you know, the -- I'm not really sure. The comments about cows eating Melaleucas because there's not a lot of huge stands of Melaleucas there, I guess is my point. COMMISSIONER HENNING: Well, yeah. No, a government official told me that one time. But that's a long time ago. And what can you do -- what can you grow in wetland or marshes? Can you grow something that cows would eat or -- Page 255 April 24, 2007 MS. SULECKI: Well, the cows use it for water sources. COMMISSIONER HENNING: Okay. Okay. Great. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. We never gave you the opportunity. We heard the speakers. We first heard a motion and a second and then the speakers, and we never got to hear from you. Could you -- I have a couple questions, but I first would like to hear just a little bit about this property, if you wouldn't mind. MS. SULECKI: Okay. Well, I'll be -- I'll be brief. What I was basically going to say was that we brought this item to you because we had these two appraisals that came in higher than our estimate, the average of which is our offer, pursuant to our purchase policy. And the reason that I brought it to you is because you make the business decisions. And I wanted to come back to you so you understood why this was higher and were comfortable with it before we moved ahead to make the offer. It wasn't the owner that was offering to us. It's us at the point of making the offer to the owner. And I wanted to make sure we could answer your questions. I didn't want to go through all the -- you know, the parcel itself, the criteria and the aspects of it because we've been through that when we brought the active acquisition list to you in January and you approved it as an A list property. But I just wanted to make a couple of points to you that the appraisal value is consistent with our purchase policy in the resolution that we have for our purchase policy and that this parcel, which is right up here, is a very significant contributor to this entire wetlands system at the landscape level as a buffer because it is highly subject to development, even more so than originally I had thought in my report because Corkscrew Road, which comes right at the corner here, is now in the process of being approved by Lee County, so it's not being widened, but the drainage is being improved. It's a little bit widened, Page 256 April 24, 2007 so it's going to make it nicer to travel out that area and develop those parcels there. And then I wanted to just kind of bring to that -- an idea that Judge Starnes had brought to us that I thought was very exciting, and it had to do with the cultural resources having to do with cattle ranching. He wants a lease from us. And I checked around with Lee County and some other folks to see, you know, how these are done, what people charge for them. And Lee County charges a dollar an acre per year, and they use it as a management tool, and we've heard that from a number of other people in the environmental business and in the land management business, that it's used to keep down the exotics, not the Melaleuca, but Brazilian pepper and field exotics. It does a really good job of that. And Judge Starnes has offered to work with us doing some sort of like a cattle round-up days to preserve the cultural heritage that we have here because his family has been invested in this for many, many decades, and he has a strong tie to that, and that's one reason why he wants to keep his cattle here. And he's willing to work with us, kind of like an Otter Mound. We have the archaeological resources. Here we've got some environmental resources, it's buffering the significant water resource area, which the CREW lands are, and it has this -- these other opportunities associated with it. So I also wanted to tell you that the Conservation Collier Committee unanimously recommended we move forward to the offer. And then something a little bit more kind of on the side, but nonetheless significant, John Murray, who is the director of CREW, Dr. Murray, also teaches a class at Gulf Coast University. And what they do there is some systems management, and they talk about ecosystem services and how you calculate them. And there has been some work over the past 40 years by Howard T. Odum, who is really one of the giants in ecological systems research at the Page 257 April 24, 2007 University of Florida and throughout the country, and they have found some ways to calculate the dollar value for ecosystem services. It's a little -- it's not as well accepted as other things. So that's why I say it's a little bit on the side. But he has used his calculations that he uses in his classes and that Professor Odum has pioneered and worked on for 40 years to calculate that this parcel would be worth I 1.3 million over 40 years in terms of clean water, flood control aquifer recharge, recreation, and hope for our future generations, which is one thing our Conservation Collier ordinance says we're going to do is protect these lands for current and future generations. So that's all I wanted to bring to you today, and I hope that you will -- you will approve us to go forward and make this offer to Judge Starnes. COMMISSIONER FIALA: Okay. Now I wanted to ask a couple questions. First of all, I wanted to state earlier in the day we had somebody up here, and they were talking about the CREW lands, and it was Clearance Tears, and he said those are our source of water and we have to protect them. And this location is part of that system, and that is part of our water source now and for the future, and I don't think we should ever give that up. It isn't a price that the owner offered. It was what we offered him according to our policy, the policy that we have set up for you to follow, and so -- and according to the Conservation Collier policy, there is no negotiation. We offer them a fair price, the average between two appraisals, and they either accept it or they don't, and that's it. MS. SULECKI: Right. COMMISSIONER FIALA: And so we have to keep that in mind. Also you talked about cattle round-up, and I though that would be -- that would be something Commissioner Coletta would really jump all over because one of the things he feels very -- very concerned about is open access, and not only will we have open access, but we'll Page 258 April 24, 2007 be encouraging people to have this, and then we even get a little bit of income because this guy is going to praise -- or pay us to graze his cattle. MS. SULECKI: That's right. COMMISSIONER FIALA: So I just feel -- and the cattle, by the way, keep the weeds and everything down so it's hardly any maintenance on our part as well, so -- MS. SULECKI: They also provide in the leases for the lessee to -- and lessor to manage the fences, maintain the fences, and it also keeps a presence on the property for security purposes. COMMISSIONER FIALA: Whoa. So that's really a savings. So I just feel this is -- this is a property that we should not miss buying, and I -- but there's a motion on the floor, so I have to wait. CHAIRMAN COLETTA: I don't know if it was the cattle idea or what, Commissioner. And I -- you know, the truth of the matter is, I asked this question by email from staff back a couple days ago, and the answer I got back was -- Stames; am I pronouncing it right? COMMISSIONER FIALA: Starnes. MS. SULECKI: Starnes. CHAIRMAN COLETTA: Stams? COMMISSIONER FIALA: Starnes. CHAIRMAN COLETTA: Starnes -- property could absolutely be developed. Most of it is uplands, and in a neutral area within the rural lands growth management framework. The density would have to be increased by acquiring credits from other land and/or moving credits from the small portion of the property to have more credits. Example, the wetlands on the eastern and southern sides, but this could certainly be done if it is not purchased and placed in the conservation status. It is a -- it is an important buffer area for the whole CREW, Corkscrew Swamp, Bird Rookery Swamp, wetland system, because I -- for the very same reason that you brought it up, I had concerns early on. Page 259 April 24, 2007 And I received this email. And after receiving this and weighing the fact that the price per acre is extremely reasonable in today's market -- you answered my questions as far as the rising cost of real estate. The people of Collier County have trusted us with their money to be able to spend it on -- the best way we possibly can, and we have spent millions of dollars on lands that are considerably smaller than this, and we didn't bat an eye. And so now we've got a chance for, what, 300 and-- COMMISSIONER HALAS: 360-- MS. SULECKI: More than half a section. CHAIRMAN COLETTA: Yeah, more than half a section, and we're going to fluff it off and say, well, maybe they'll drop the price later. Well, it's only going to be a matter -- they sat on this land forever. They're running cattle on it. They can live on it for a lot longer. They'll turn around and sell it to a development in a matter of years when that market comes back. So I, for one, am for purchasing this property and doing what the voters of Collier County told us they wanted us to do. MS. SULECKI: Thank you. CHAIRMAN COLETTA: But be that as it may -- well, we're going to go back to Commissioner Coyle, then we're going to get this thing moving forward. Commissioner Coyle? COMMISSIONER COYLE: Yeah, I'm not going to take much more time. I wish you would check the cost for the lease. A dollar per acre per year is extremely low in my experience. MS. SULECKI: That's just what Lee County does. There's other examples. COMMISSIONER COYLE: Okay. You know, I've seen prices of 5 to 12 dollar per head per month of cattle for grazing. It depends on where they are. But if we're going to do it, we should at least do it at market rates. Page 260 April 24, 2007 MS. SULECKI: Absolutely. COMMISSIONER COYLE: And the other thing is, don't begin to assume that that's going to get you public access. There's no way a farmer or rancher could afford to graze his cattle there and have people coming in and out of gates, perhaps leaving gates open. The only way you're going to logically get public access here is on escorted trips of some kind, maybe as a special occasion. The rancher will almost have to lock those gates to keep the public or anybody else from going in there and leaving the gates open and the cows getting out. It just doesn't make sense any other way. And so I think you need to work those things out. Just don't assume it's going to get you public access if you lease it for cattle grazing. MS. SULECKI: We will bring both the lease back to you for approval, so you'll have a chance to look at that, and the management plan. We'll address those things. It's going to be part of the CREW management plan, and we will make sure that those things are addressed before it's brought back to you. CHAIRMAN COLETTA: Would you be so kind as to work with the Florida Fish and Wildlife? They have special hunts that they allow -- MS. SULECKI: Absolutely. CHAIRMAN COLETTA: -- where they're -- they're lotto hunts if you put in for them. A limited number of people get to go on there and enjoy a wilderness experience. COMMISSIONER COYLE: And shoot a cow. CHAIRMAN COLETTA: And shoot a cow. MS. SULECKI: That is part of the management plan. CHAIRMAN COLETTA: Okay. Thank you very much. What is the motion on the floor again? It's been so long I forgot. Ms. Filson, what was the motion? MS. FILSON: What I have is Commissioner Coyle made the motion, it was seconded by Commissioner Halas, to deny. Page 261 April 24, 2007 CHAIRMAN COLETTA: Okay. Is that still the motion? COMMISSIONER COYLE: It's still my motion. CHAIRMAN COLETTA: And that's still your second? COMMISSIONER HALAS: Let's just call the vote and see what happens. CHAIRMAN COLETTA: Oh, geez. Okay. No other comments? (No response.) CHAIRMAN COLETTA: All those in favor of the motion to deny, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HENNING: Aye. (No response.) CHAIRMAN COLETTA: Okay. And the motion failed. It was COMMISSIONER FIALA: No, we -- you didn't say for. He didn't say aye. COMMISSIONER COYLE: He didn't. He voted against it. COMMISSIONER FIALA: Yeah, against the motion-- COMMISSIONER COYLE: So it failed. COMMISSIONER FIALA: -- how many? COMMISSIONER COYLE: The motion failed. CHAIRMAN COLETTA: The motion failed. That's what I was just in the process of doing. COMMISSIONER COYLE: Yes. That's what you said. COMMISSIONER FIALA: Two-three. COMMISSIONER COYLE: You had it right. CHAIRMAN COLETTA: It's getting a little late, but I -- COMMISSIONER FIALA: So I make a motion to approve. CHAIRMAN COLETTA: Okay, I'll second it. And with that, any other comments? (No response.) Page 262 April 24, 2007 CHAIRMAN COLETTA: Hearing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it 5-0. Are we at a break time again? I'm losing track of time. COMMISSIONER FIALA: Yes, we have to now. CHAIRMAN COLETTA: Okay. MS. SULECKI: Thank you, Commissioners. CHAIRMAN COLETTA: Thank you. By the way, your department did a wonderful job of bringing us around to where we needed to go. COMMISSIONER HENNING: Thank you. CHAIRMAN COLETTA: You earned your keep. COMMISSIONER FIALA: Thank you, guys. CHAIRMAN COLETTA: Okay. Ask them if you can have tomorrow off. MR. MUDD: Commissioner, the next -- you have thee items left. CHAIRMAN COLETTA: Well, I understand. COMMISSIONER FIALA: Yes, but then there's commissioner comments and manager comments and so forth. CHAIRMAN COLETTA: Just a very short break, right. No, he's not making any comments. COMMISSIONER COYLE: We've got another three hours. CHAIRMAN COLETTA: We've already been through this. MS. FILSON: I only have two items. Page 263 April 24, 2007 MR. MUDD: How long, Commissioner? CHAIRMAN COLETTA: Ten minutes, at the very most. (A brief recess was had.) CHAIRMAN COLETTA: Go ahead, Mr. Mudd. MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, Commissioners, you have a hot mike. Item #lOP RECOMMENDATION TO APPROVE A RESOLUTION TO TERMINA TE AN "INTERLOCAL AGREEMENT BETWEEN THE CITY OF NAPLES AND COLLIER COUNTY REGARDING MAINTENANCE ASSISTANCE FOR THE TRAFFIC SIGNAL SYSTEM ON GOODLETTE- FRANK ROAD BETWEEN U.S. 41 AND GOLDEN GATE P ARKW A Y" AND AUTHORIZING THE COUNTY MANAGER OR HIS DESIGNEE TO PROVIDE WRITTEN NOTICE OF TERMINATION TO THE CITY - MOTION WAS MADE TO AMEND AGREEMENT AND BRING BACK AT A FUTURE BCC MEETING - APPROVED The next item on your agenda is lOP, and that used to be l6B 1. It's a recommendation to approve a resolution to terminate an interlocal agreement between the City of Naples and Collier County regarding maintenance assistance for the traffic signal system on Goodlette-Frank Road between U.S. 41 and Golden Gate Parkway and authorizing the County Manager or his designee to provide written notice of termination to the city. The item was moved to the regular agenda at staffs request once we -- once we found out the City of Naples wanted to talk on this particular item and had concerns. Page 264 April 24, 2007 MR. TIPTON: Commissioners, Bob Tipton, director of traffic operations. I'd like to just recap the item for you. I'm sure you understand it. But it concerns the Goodlette Road traffic signal interlocal agreement between the county and the city. The agreement was signed in 1989. Back in those days, the city had a rather simple traffic signal system, but it was still greater than what the county had. We had nothing back in those days. So it was decided that the signals along Goodlette Road could best be served, even though it was a county road, for the city to operate those signals, so it was put on their simple system. The city took over the timing and the operation of the signals, and although they did help with maintenance and such, they were not required to provide any of the maintenance, repair or the -- pay for the power. That stayed with the county. Now there's three things coming together in this area of Goodlette Road. This Goodlette Road corridor that we're talking about runs from U.S. 41 up to 22nd Street, which is up at Naples High School. It has nine traffic signals on the county roads there that are being operated by the city. And currently at the intersection, as you all know, at Goodlette and Golden Gate, we're expecting big things that are going to be affecting the county transportation operations here. We've got the overpass and the new interchange that is going to be providing more traffic on Golden Gate Parkway. We've got the Goodlette Road expansion. We've got new signals on it, and we've gone to six-lane leading down to Golden Gate Parkway. And we are completing the county's advanced traffic management system, our computer system in that area. We're installing cameras and bringing those cameras back to our traffic management center. So in planning for this for the past year and a half we've been working to bring all this together, and we find that it's best for us to Page 265 April 24, 2007 assume the operation of at least five of these signals that are -- of these nine that are on traffic -- Goodlette Road. The five in the northern area will have a definite effect on the operation of the county roadways, especially at the intersection of Golden Gate and Goodlette. And there's two signals being built, brand new signals, on the Goodlette Road project that were put there for progression that -- the basis of their warranting at Ohio and Wilderness. And so we need to have these all on the same signal system and running together. So we've asked -- we're planning on moving those five northern traffic signals along with the one on Bear's Paw, which is to the east of this area, to bring them under control of the county's traffic management system so that we can better provide coordination in the area. The city had some concern, and their concern is mostly with the southern end down near the City of Naples, the downtown area, their four intersections, 7th, 5th, Central and Grand Central, especially those last two, are involved in their redevelopment area down in there, and they would like to work with the county to arrange for a new agreement in which they could still operate those signals and with -- if it pleases the board, we would suggest that that might be the best thing to do too on those four items, is to come up with a new agreement, come back to the board and the city council with a new interlocal agreement addressing those four. But I'll try not to speak for the city. We have Dan Mercer, who's the City Public Works Director here, and Greg Strakaluse with the Transportation Department here. And if you guys care to say anything? CHAIRMAN COLETTA: Please. MR. MERCER: Thank you very much for this opportunity. For the record, Dan Mercer, director of public works, and I'm speaking on behalf of the city today, tonight, almost wee morning hours. I agree with everything that the county is trying to do here. We're here to support them. My only concerns, and they've addressed Page 266 April 24, 2007 them real well, the two major concerns, as he brought up was, you know, I think DOT has spent a lot of money from grant positions for the city and county to improve and upgrade their traffic management systems and their traffic signals, mast arm, so forth, and I was just a little concerned. We've left them out of the picture with any of these changes and changes in interlocal agreements and stuff, and Bob agreed with that, and we're going to get them into the picture now. The other issue is, I would rather, instead of canceling this contract or agreement right now, which needs to happen and you all have that right -- but, you know, I really think we need to have a new agreement in place instead of leaving those four intersections out in never-never land as far as who's going to respond, who's going to be liable, things -- just some unanswered questions and concerns. So if we could quickly, you know, get through drafting up a new agreement, which we'll work with them, your staff on, I would strongly recommend that, maybe at the same time that they send a certified termination letter. Because once you get the letter out, it's 30 days. I'm not sure we can get all that together in 30 days, but we will give it our best shot. Other than that, you know, I think your staffs doing a great job, and I don't want to slow it down or stop it. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Yeah, I agree. What is the reason we want to leave out these additional intersections? Why don't we just pick them up and take responsibility for them? MR. FEDER: First of all, I think what will come out of the agreement is we'll continue to power and to maintain and work with the city on the maintenance part, but I think the city's looking at trying to coordinate that signal timing with the timing that they have along U.S. 41 relative to the heart of Naples growth and the Naples area, and so we're trying to support that. It's logical that they coordinate those Page 267 April 24, 2007 particularly with other signals in that area. Once you get above 7th, it's more of a progression along Goodlette-Frank itself and, in particular, at Golden Gate, and so we need to establish that progression. We'll continue to share effort with the city. We both have the systems that came up from the state, and we can look at each other's systems, talk to each about issues, but this is a correct split at that point. COMMISSIONER COYLE: Why don't we modify this thing and modify the recommendation and not terminate, but suggest a revision to the agreement so that we can work out the arrangements for those intersections the city wants to control, and we can work out arrangements for the ones we want to control? MR. FEDER: We're fine with that. As a matter of fact, if we could, I believe -- and I'll let the city speak to it -- if I had some way just to change the limits on the agreement, that would do it as well, but COMMISSIONER HALAS: Good. MR. FEDER: -- I understand your issue. We're fine on that. Let's amend the agreement and bring it back to both parties. COMMISSIONER COYLE: Okay. That's my motion. COMMISSIONER FIALA: Second. COMMISSIONER HENNING: Second. CHAIRMAN COLETTA: Motion by Commissioner Coyle, second by Commissioner Henning. Any other discussion? (No response.) CHAIRMAN COLETTA: Hearing none, all those in favor, indicate saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. Page 268 April 24, 2007 COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it 5-0. Thank you. Item #11 PUBLIC COMMENTS ON GENERAL TOPICS MR. MUDD: Commissioner, the next item is public comment on general topics. Ms. Filson? MS. FILSON: I have no speakers. Item #12C RECOMMENDATION TO APPROVE A PRE-LITIGATION MEDIATED SETTLEMENT AGREEMENT FOR THE PURCHASE OF IMPROVED PROPERTY (PARCEL 140) IN THE AMOUNT OF $1,283,988.00 WHICH IS REQUIRED FOR THE CONSTRUCTION OF VANDERBILT BEACH ROAD EXTENSION PROJECT #60168 - APPROVED MR. MUDD: The next item is County Attorney's report, and it's number 12C, which is a recommendation to approve a pre-litigation mediated settlement agreement for the purchase of improved property, parcel 140, in the amount of $1,283,988, which is required for the construction of the Vanderbilt Beach Road extension project number 60168. MS. ASHTON: Good evening, Commissioners. For the record, Heidi Ashton. This item, as well as the next item, are on your regular Page 269 April 24, 2007 agenda because the fiscal impact is over $1 million. This first parcel, the proposal is to purchase 6.12 gross acres that have improvements, including a home and a dressage rink, stable, pool and a shed for 1.283 and 988. Want me to read that again? 1,289,988. CHAIRMAN COLETTA: May I interrupt you? MS. ASHTON: Sure. CHAIRMAN COLETTA: I just want to see if I can help move things along. The reason this property is worth more than some of the others we've seen is because of the reason that it has all sorts of improvements on it? MS. ASHTON: This has a number of improvements. As in the executive summary, our appraiser valued the property at $975,000, and the owners appraiser valued the property at 1,350,000, the proposal is $1,283,988, and the appraisals don't take into consideration a cost for moving costs as well as for Save our Homes, and those issues were factored in, and we mediated this with Will Smith, mediator, to come up with a proposal. CHAIRMAN COLETTA: I can't tell you how happy I am to see that we're making progress on buying these homes. These are the homes that are on that side of the canal across from the golf course, and we're trying to make these people whole so they can get on with their lives, and I make a motion for approval. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: I have a motion for approval from myself, Commissioner Coletta, and a second from Commissioner Fiala. Discussion? (No response.) CHAIRMAN COLETTA: Seeing -- I'm sorry. I've got a speaker? MS. FILSON: Oh, no, sir. I'm just checking to see how the vote's going. Page 270 April 24, 2007 CHAIRMAN COLETTA: Oh, I see. Okay. That's good, you know. All those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it unanimously. Thank you. Item #12D 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 $1,565,000.00 FOR THE ACQUISITION OF PARCEL 119 IN THE LAWSUIT STYLED COLLIER COUNTY V. DAVID LAWRENCE MENTAL HEALTH CENTER, INC., ET AL., CASE NO. 06-0567- CA (SANTA BARBARA BOULEVARD PROJECT NO. 62081 - APPROVED MR. MUDD: Our next item is l2D. It's a recommendation to approve a mediated settlement agreement and stipulated final judgment to be drafted incorporating the same terms and conditions as the mediated settlement agreement in the amount of $1 ,565,000 for the acquisition of parcel 119 in the lawsuit styled Collier County versus David Lawrence Mental Health Center, Inc., et ai, case number Page 271 April 24, 2007 06-5067-CA, and this is the Santa Barbara Boulevard, project number 62081. And, again, Heidi Ashton will present from the County Attorney's Office. MS. ASHTON: The owner of this property is the Naples Christian Academy, and the total settlement proposal is $1,565,000. That includes expert fees and costs, as well as attorney's fees. COMMISSIONER HENNING: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: Motion to approve by Commissioner Henning, 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 unanimously. Thank you very much for a wonderful presentation. MS. ASHTON: Thank you, Commissioners. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. MUDD: Commissioner, this brings us to staff and commissioner general communication. CHAIRMAN COLETTA: Okay. Mr. Mudd, do you have Page 272 April 24, 2007 anything? MR. MUDD: No, sir. CHAIRMAN COLETTA: Mr. Weigel? MR. WEIGEL: No, only that I saw a notice today asking the board about a potential joint meeting with Lee County and the Southwest -- CHAIRMAN COLETTA: Yeah, I got it right here. I was going to be bringing it up under comments. MR. WEIGEL: Very good. Nothing more from me, thank you. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: A month or so ago this board unanimously passed a resolution concerning illegal immigration and asked our federal government to take some action concerning our borders and you asked me at the time to continue to refine the costs associated with illegal aliens in Collier County, and I have done so with the help of staff and other agencies in Collier County, and I would like to report to you now what I have been able to find out. Incarceration of illegal's in the Collier County Jail. These are people who have committed crimes. They're not there because they're illegal. They're in jail because they committed crimes. The annual cost to Collier County taxpayers is $9,042,444 a year. We have not been able to determine the cost for apprehending and prosecuting the illegals who commit crimes, so that is an unknown cost. The education cost, we've got, I think, 8,724 non-English speaking students in our school system in Collier County. COMMISSIONER HALAS: What was that, 8,000? COMMISSIONER COYLE: It's 8,72 -- maybe it's 6,000 -- COMMISSIONER FIALA: Would you like my glasses? COMMISSIONER COYLE: Yeah, it's 6,724 non-English speaking students in the schools at $8,382 per student per year yields a price, a cost of$58,360,568; however, in all honesty, it can be argued Page 273 April 24, 2007 that not all of these students are illegally in this country. So we went to the U.S. Department of Education figures, and so we found that the most probable cost for the education of illegal alien students and the U.S. born children of illegal aliens is 40 thousand, 614 thousand, 284 dollars (sic) per year for Collier County. COMMISSIONER HALAS: Forty thousand or forty million? COMMISSIONER COYLE: I'm sorry. $40,614,264 per year. The delivery costs of children born to illegal parents in Collier County is annually two thousand, one hundred and -- it's $2,125,000 per year, and this figure does not include the pre- and postnatal care of those children. Much of this information is difficult, ifnot impossible, to find. The emergency room care at Collier County's emergency rooms is $3,100,000 each year, and the Emergency Medical Services which we provide, that is Collier County government provides to illegal al iens, is $2,151,38 I per year. The cost of injuries, property damage and increased insurance rates due to accidents involving illegal aliens is unknown. The cost of crimes committed by illegal aliens is unknown. The payments made by the federal government to Cuban immigrants is unknown. The amount of money provided for higher education for illegal immigrants is unknown. The housing and social services costs are unknown. So with all of the unknowns, and we just take what we know, the total cost per year to Collier County taxpayers is $57,333, I 09 every single year, and it's probably going up. So, you know, if we could convince the state and federal governments to do something about the illegal alien problems, we could give our taxpayers a nice tax reduction this year. We could cut their taxes by $57 million. So that concludes my report. I'll continue to work on some of the other figures if we can get them. I can tell you that the system is Page 274 April 24, 2007 rigged so that you cannot determine some of this other information. They simply will not collect the data which is necessary to determine the cost of some of these other issues. CHAIRMAN COLETTA: Quite amazing. COMMISSIONER COYLE: It is amazing. COMMISSIONER HALAS: Commissioner, did you get any information in regards to how many of these people are paying into the social security fund or income tax? COMMISSIONER COYLE: I can't tell you for Collier County. I can tell you that those who advocate for illegal immigration, that is the legalization of those that are here, point out that as much as 50 percent of their cost is made up in social security payments that they pay. There's no -- there's no data to support that, but this is a -- now, these are people on the other side of the fence who are saying that we want to make all these illegal aliens legal. So they are, of course, calculating figures which will make it seem that they're paying their way. But if you take into consideration on an annual basis all of the benefits of having cheaper labor and including into -- in that the -- whatever they contribute into social security and whatever they might pay in federal taxes, it approaches no more than 50 percent of their total cost. So even if those figures are true, you would still be looking at a net cost of almost $30 million to the taxpayers of Collier County. I hope that answered your question partially. That's as close as I can get to it. COMMISSIONER HALAS: Thank you. CHAIRMAN COLETTA: I'm sorry. I don't mean to interrupt you. I appreciate the report, but what are we going to do with it? COMMISSIONER COYLE: I don't know that there's anything we can do with it except, perhaps, we should let taxpayers know where their tax money going. It wouldn't be such a bad idea to include it in our annual report or in our budgeting information. It Page 27 5 April 24, 2007 wouldn't hurt to let our legislators know that if they really want to help the taxpayers of Collier County, one way to do that is help us do something about the cost of the illegal aliens. CHAIRMAN COLETTA: At least underwrite the cost of it, you know. That would be the very least we should do. COMMISSIONER COYLE: Yeah. CHAIRMAN COLETTA: I mean, the problem is -- shouldn't be ours. The problem should be taken care of at the border. COMMISSIONER COYLE: That's right, that's right. CHAIRMAN COLETTA: Thank you for that. Commissioner Halas? COMMISSIONER HALAS: Yeah. Maybe what we can do is ask Commissioner Coyle ifhe would send this information on to our elected representatives in Washington, D.C., to let them -- give them an idea of what it just costs us as a county, and maybe it will help stimulate some other interests by those people up there in Washington to get an accounting of what's happening in the other 66 -- or yeah, the other 66 counties here in Florida. I think it's a problem that needs to be addressed, and obviously it's not only costing the taxpayers here in Collier County, but it's costing the taxpayers dearly in the whole State of Florida. COMMISSIONER COYLE: That's right. CHAIRMAN COLETTA: Thank you. Do you have something, too? COMMISSIONER HALAS: Yes. I'm going to ask the County Manager if he's had any updates in regards to what's going on in bartering up in Tallahassee, ifthere's been any new developments since yesterday in regards to the tax reform? MR. MUDD: Sir, there's been -- well, at noontime today there was at least two counter proposals from the House side to the Senate side in conference, okay. But when you look at both plans, they're still at opposite ends of the spectrum, so they've got a lot more Page 276 April 24, 2007 movement to come to. And I would -- I would think that they need to get there by Friday or, since next week's the last week, they get themselves in a real bind if they're trying to get those conference bills back on each floor to get approval to send it to the governor. So they've got a lot of work to do yet. COMMISSIONER HALAS: Okay. Do you have any indication -- I haven't heard anything from the Florida Association of Counties whether they're going to come up with any type of a conclusion before the closing of the session up there or whether they're going to have to go into a special session. You haven't heard anything yet either, okay. MR. MUDD: Yes, sir. COMMISSIONER HALAS: All right. CHAIRMAN COLETTA: Does that cover it, sir? COMMISSIONER HALAS: Yes. CHAIRMAN COLETTA: I appreciate Mr. Weigel giving a lead-in to what I have to offer to you. Commissioner Fiala, would you pass a couple of them down that way. COMMISSIONER FIALA: I will. CHAIRMAN COLETTA: In fact, if you would be so kind, pass them on down to the deputy so the County Manager and deputy County Manager also have copies. This is a letter from Bill Barton, the chairman for the Southwest Florida Expressway Authority. And what it is is -- I'm going to read the letter in part rather than the whole thing. At our April 20th meeting, the Expressway Authority Board determined that ajoint meeting in Mayor June with the Lee or Collier County Commission would be most helpful. We are, therefore, extending an invitation to Lee and Collier County commissioners to participate in a joint informational workshop with the Southwest Florida Expressway Authority Board. Page 277 April 24, 2007 The Expressway Authority decided to forego its regular May meeting so that that meeting time, date and location would be available for a joint workshop. It would be Friday, May 18th at 1 :30 at the Bonita Springs City Hall. We would anticipate presenting summary and information on the options for achieving 10 lanes as evaluated by Wilbur Smith Associates and public finance -- fiscal management consultants for the Expressway Authority. The -- and the Florida Turnpike Enterprise. We will also be presenting the results to data of our public information effort being conducted by Cecil Minor & Associates in the related public opinion questionnaire. We feel the joint workshop would be helpful in making sure that everyone has the same information and to be sure that the Expressway Authority is well informed about the thoughts of the various commiSSIoners. Please let us know if you accept our invitation and if the May 18th date will work for your board. If another date is more appropriate to your schedule, please advise of preferred date or dates. Please send response to Dave Loveland of Lee County DOT. I really hope -- I mean, I've been spending a lot oftime with this authority. There's a lot of good ideas out there. It basically comes down to the point that at some point in time we have to have the people of Collier County and Lee County make a decision what they want to do as far as 75 goes. And the decision's going to be very simple. Either we proceed now or we fall back, and at some point in time the throughway authority on its own will come up with the tolling. If they do that, the monies that are generated here will be used wherever they want to within the state. Be that as it may, I don't want to get into a big discussion on it. I sincerely hope that my fellow commissioners will indulge me and attend this meeting and give me permission to go ahead and reserve Page 278 April 24, 2007 the date. COMMISSIONER COYLE: I can't do that until I talk with my aide and get my schedule. CHAIRMAN COLETTA: Okay. But for the moment, I mean, the idea of the meeting and the idea of the date might not work. The meeting would be critical to be able to proceed and to be able to give direction. COMMISSIONER HALAS: I can tell you right now that I'm not in favor of financing this any further, 625,000 or whatever the amount of money they want. I'm not -- I'm not there. CHAIRMAN COLETTA: We're not -- we're not going to ask you for money. COMMISSIONER HALAS: I don't care. I've taken a stand pretty much that I'm not going to toll those two lanes. CHAIRMAN COLETTA: Okay. So in other words, you won't attend the meeting to be able to find out what the options are? COMMISSIONER HALAS: I've made a decision that I'm not-- yeah, I'm not going to be there. CHAIRMAN COLETTA: You're not? COMMISSIONER HALAS: Nope. CHAIRMAN COLETTA: I appreciate that. I appreciate the fact that, you know, you let me spend so much time on it and I don't even get the courtesy to have you come to the meeting. It's very disturbing. How do the rest of my commissioners feel on this? COMMISSIONER FIALA: I'll go, I'll go. I'm always interested to hear what anybody has to say. CHAIRMAN COLETTA: Thank you. I appreciate that. And at the end, if you reject it, that's fine. I won't ask you to attend, you know, other ones. COMMISSIONER FIALA: It's being conducted by -- I believe it's being conducted by the public relations firm that's hired to promote the -- Page 279 April 24, 2007 CHAIRMAN COLETTA: No. They'll be there. We're conducting the meeting. COMMISSIONER FIALA: Okay. I'll go. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: I have something on my calendar. CHAIRMAN COLETTA: Okay. But would you attend the meeting if we had it on a date that was advantageous to your calendar? COMMISSIONER HENNING: Yeah, I'll go. CHAIRMAN COLETTA: Okay. COMMISSIONER HENNING: But, you know, I must say, this board is made up of a five-member board, an equal board. CHAIRMAN COLETTA: Right. COMMISSIONER HENNING: And I just feel pressured on this issue to, you know, make it happen, okay, and I don't like the feeling that's being projected, so -- CHAIRMAN COLETTA: Well, I'm not -- the reason I'm trying to get everybody to come to it -- because at some point in time this commission's got to make a decision. COMMISSIONER HENNING: Well, we were going to make a decision and it was put off. We were ready to make a decision. It was suggested that we put off until we were educated on the issue, okay? And I asked for information to get educated. Still haven't received it to date. But I am educated. CHAIRMAN COLETTA: Okay. I'm sorry. If I knew about the information request, I would have made sure it was fulfilled. I can't picture why somebody wouldn't have fulfilled that information request. But meanwhile, you know, we need to be able to come up with a direction. So let's do this. Let's have our aides look at the calendars, see what's available, we'll go forward. We're still going to keep the invitation open for everybody and see where it goes from there. I Page 280 April 24, 2007 appreciate the fact, you know, you're willing to keep an open mind on it until we get to that point in time that a decision can be made one way or the other. COMMISSIONER FIALA: I don't know how open my mind is, to be honest with you, but I'll go and listen. CHAIRMAN COLETTA: That's fine. I can't ask for anything more. COMMISSIONER FIALA: I mean, I have to be honest with you, okay. CHAIRMAN COLETTA: But the fact that you're going to go means a lot to me. COMMISSIONER COYLE: Remember that minds are like parachutes. They; work best when they're open. COMMISSIONER FIALA: They don't function unless they're open. Oh, you looked at that. CHAIRMAN COLETTA: So we got some general direction on that and we'll check with the calendars. We'll see what can be done to accommodate everyone, and we'll go from there. And that's all I have. It's been a long, long meeting. I appreciate everyone staying with it. Commissioner Fiala. COMMISSIONER FIALA: Okay, fine. I wanted to -- on Commissioner Coyle's report, I was going to mention at the time, aren't they marching again on the -- right at the beginning of May? COMMISSIONER COYLE: Yes. COMMISSIONER FIALA: Yes. And I think it's important, not only that, but then your report, as good as it was, it was only as good as the information you were able to get, and so much of it, probably double the amount that you gave us, was not even in there. COMMISSIONER COYLE: That's right. COMMISSIONER FIALA: And I'm glad that we put together an impact fee deferral rate and we wanted proof of citizen -- not Page 281 April 24, 2007 citizenship, but proof oflegality. Although I was interested to note that only one of the persons has to be legal. They can have a couple and they don't have to be, and I thought that was interesting. Okay. That was enough on yours. The second thing I wanted to talk about, just very, very quickly. We had this HUD plan today, and I would ask that next year it be delivered to the clerk's office when you deliver it to the libraries, if you wouldn't mind. That way then they have it too so they're informed, because I kind of like to hear what they have to say about it. And the last thing I wanted to talk about is density bonuses on entire acreage. You know, we've talked about it before. I've mentioned it a number of times here at the commission meeting and-- but we have never really sat down as a board where we had the time to discuss that particular issue, and I would like to do that, because I think it impacts our road systems dramatically, and there are many times when we might want to approve something, but because of all of the extra acreage that also gets the density bonus on it, we cannot because it would then trip the concurrency rate. So I really think we ought to be addressing that. So you've got my comments. CHAIRMAN COLETTA: Thank you. Commissioner Henning? COMMISSIONER HENNING: Well, we did address the density bonuses. COMMISSIONER FIALA: On the entire acreage? COMMISSIONER HENNING: Where it is allowed, in our Growth Management Plan. COMMISSIONER FIALA: Right, I know, but I think that we ought to -- in my opinion -- and maybe it isn't anybody else's. In my opinion, when we give, say, 10 percent of our -- of the 200 acres to affordable housing so they get, you know, I don't know, 20 houses or something I ike that, the rest of it then all gets the extra eight units per Page 282 April 24, 2007 acre as it is, which then cripples the whole roadway, and many times we can't approve it just because of that. I think that we should give them the density that they need to have, affordable housing, absolutely, but I think that as a thank-you gift from us, we should -- or an incentive, we should give them one extra unit per acre. That's still 200 extra units that they can profit from -- you know, that extra profit that they wouldn't have had otherwise. But I don't see why they should get eight extra units for the entire acreage. COMMISSIONER HENNING: Well, you're actually talking about, you know, 30 percent. What you're talking about is what was being suggested. COMMISSIONER FIALA: Reducing the density on -- COMMISSIONER HENNING: No, no, no. It wasn't reducing the density. You've got a base density of four units per acre. COMMISSIONER FIALA: Right, period, right. COMMISSIONER HENNING: And they were asking for -- you know, above that would be affordable housing. Are you saying you're opposed to that? COMMISSIONER FIALA: No, no. I said give them all the density that they need for affordable housing. COMMISSIONER HENNING: Right. COMMISSIONER FIALA: What I'm saying is, so you give them an extra eight units per acre for affordable housing, whether they build 10 percent, 20 percent, 30 percent, how much they want -- COMMISSIONER HENNING: You're too kind. That wasn't -- they weren't asking for that. COMMISSIONER FIALA: But what I'm saying then is, once we've given that allocation for the affordable housing, we give them a bonus of one extra unit on the rest of the acreage, whereas now we give them eight extra units on the entire acreage. COMMISSIONER HENNING: Well -- and that's only in certain Page 283 April 24, 2007 areas. And density bonuses are not by right, okay? That's there for the asking. And I'm not sure if you're talking about what's on our books today or what is being proposed by the EDC. COMMISSIONER FIALA: No, I'm not -- I'm not talking about what's being proposed by the EDC nor -- what I'm saying, what's on our books today, I think, needs to be changed. COMMISSIONER HENNING: Okay. Well-- COMMISSIONER FIALA: I think it was written by the developers, quite frankly. COMMISSIONER HENNING: No. Actually, Commissioner, we just addressed that through the EAR-based amendments. COMMISSIONER FIALA: I know that, but the thing is, it was originally written there, and I don't think we've ever thought that maybe we ought to readdress how many extra units we're allowing by giving them density bonuses on the entire acreage rather than just what is needed for the particular project, and then a bonus of one extra unit. COMMISSIONER HENNING: And we can always say no. We always have that right to say no. CHAIRMAN COLETTA: We do. We do that all the time, too. Commissioner Coyle? COMMISSIONER HENNING: No, I'm not done. COMMISSIONER COYLE: Did Commissioner Henning get a chance -- COMMISSIONER HENNING: No. COMMISSIONER COYLE: Okay. Let him do that. I just wanted to make a comment about that issue because I think I could clarify it a little bit. COMMISSIONER HENNING: The Fire Steering Committee is hopefully going to hire a facilitator about the consolidation issue and put all those issues, you know, on the table, and then sort them out. And the biggest issue of what I'm hearing is, the disparity of pay Page 284 April 24, 2007 of firefighters in the different districts. Coastal firefighters are making much more than the inland firefighters, such as Corkscrew and Immokalee, so on and so forth. So that's just one of the items, but I'm really impressed. The other thing is, it's my opinion that the legislators won't come to an agreement and there will be a special session. Disappointing that -- and it is not a comprehensive approach. I was told while I was in Tallahassee that South Florida Water Management has a billion -- over a billion dollars in reserves, and so -- I hope that they address the comprehensive of everything on the property tax or the TRIM notice and not just local government. I think that's it, Mr. Chairman, and I make a motion that we adjourn. CHAIRMAN COLETTA: Well, I appreciate that. Commissioner Coyle, last comment? COMMISSIONER COYLE: Yeah, just very briefly. I agree with you on the legislation. I don't think anything's going to come out of this unless it's just a real mess passed at the last minute that none of us can live with. But let me go to Commissioner Fiala's issue. We did address this and we made a change earlier -- well, sometime last year in our Land Development Code, but I think Commissioner Fiala's talking about something slightly different, and I think it's probably a good idea to consider it. We have also said, okay, if you'll build a certain number of affordable housing units, we'll give you some additional density on your market rate units, and maybe that's really the wrong way to do it. They've always said that density is the key to keeping the price lower. So if you want to have more density on an acre for affordable housing units, then you can pack in enough affordable housing units on an acre for them to make a profit, okay, and you don't have to let them build more market rate units and -- but we have the flexibility, I believe, to do that right now. Page 285 April 24, 2007 All we've got to do is just take that position. And if somebody says, well, I want to get eight or 10 units per acre because I'm building 15 percent affordable housing, then we'll say, okay, we'll give you 10 units per acre, but they've all got to be affordable housing. And so then they've got to convince us they can't build 10 units on an acre and make a profit. I don't think they can do that. I don't think they can convince us that they can't do it. So I don't think it's something worth talking about, but I think we can do it right now, as Commissioner Henning has said. All we've got to do is just take that position when it comes up to us. CHAIRMAN COLETTA: Okay. I think we've done it. We're adjourned. Go home. ****Commissioner Halas moved, seconded by Commissioner Coyle and carried 4/1 (with Commissioner Henning opposing), that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item # 16A I - Moved to Item # I OL Item #16A2 RECORDING THE FINAL PLAT OF "VIA VENETO LOTS 30 AND 33 REPLA T" - DEVELOPER MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE OF THE CONSTRUCTION PLAN FINAL APPROV AL LETTER Item #16A3 RESOLUTION 2007-91: FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS Page 286 April 24, 2007 FOR THE FINAL PLAT OF "CASTLEWOOD AT IMPERIAL". THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV ATEL Y MAINTAINED - W/RELEASE OF THE MAINTENANCE SECURITY Item #16A4 RECORDING THE FINAL PLAT OF "SILVER LAKES PHASE TWO-G" - DEVELOPER MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE OF THE CONSTRUCTION PLAN FINAL APPROVAL LETTER Item #16A5 - Continued Indefinitely APPLICATION FOR THE JOB CREATION INVESTMENT PROGRAM AND THE ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT BY AIRFL YTE ELECTRONICS - HELPING TO CREATE 90 NEW JOBS IN COLLIER COUNTY BY 2009 WITH AN ANTICIPATED A VERAGE WAGE OF $34,000; TO BE LOCATED IN THE IMMOKALEE ENTERPRISE COMMUNITY Item #16A6 REJECT BID NO. 06-4050 FOR DEMOLITION OF COMMERCIAL/RESIDENTIAL STRUCTURES - REQUEST THA T THE BOARD WAIVE THE $50,000 THRESHOLD FOR FORMAL COMPETITION AND ALLOW STAFF TO REISSUE A MODIFIED BID Item#16A7 Page 287 April 24, 2007 ACCEPT ANCE OF THE SPECIAL MAGISTRATE'S DECISION ON THE MEDIATION PROCEEDINGS FOR CASE 06-CEB- 00055: JERRY AND KIMBERLEA BLOCKER V BCC - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16Bl - Moved to Item #lOP Item #16B2 AGREEMENT BETWEEN ROYAL WOOD GOLF & COUNTRY CLUB AND COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AS IT CONNECTS LASIP TO THE SANTA BARBARA BOULEVARD EXTENSION FROM DAVIS BOULEV ARD TO RATTLESNAKE HAMMOCK ROAD (PROJECT NO. 51101) - TO SECURE EASEMENTS FOR THE CONSTRUCTION OF FUTURE LASIP PHASES Item # 16B3 BUDGET AMENDMENT TO RECOGNIZE REVENUE RECEIVED FOR THE FY07 5309 FEDERAL TRANSIT AUTHORITY (FT A) GRANT FOR $238,000 - FOR THE REHABILITATION AND CONSTRUCTION OF BUS-RELATED TRANSFER FACILITIES Item #16B4 DECLARING A SINGLE FAMILY RESIDENCE ON 2.674 ACRES IN GOLDEN GATE ESTATES AS SURPLUS PROPERTY AND TO TAKE THE APPROPRIATE STEPS TO SELL THE PROPERTY (FISCAL IMPACT $300.00. ) - ORIGINALLY PURCHASED FOR THE SANTABARBARA BOULEVARD Page 288 April 24, 2007 EXPANSION PROJECT; THE PROPERTY IS LOCATED AT 5605 PAINTED LEAF LANE WITH AN ASKING PRICE OF $412,000 Item #16B5 AWARD BID #07-4113 FOR PREPARATION AND DELIVERY OF TITLE COMMITMENTS AND REAL ESTATE CLOSING SERVICES - W/AMERICAN GOVERNMENT SERVICES, EMMANUEL LLC TITLE SERVICES, EXECUTIVE TITLE INSURANCE SERVICES, FIRST AMERICAN TITLE INSURANCE COMPANY, COLLIER ABSTRACT, FIRST TITLE AND ABSTRACT, MIDWEST TITLE COMPANY AND SOUTH FLORIDA TRUST & TITLE COMPANY; ANNUAL EXPENDITURES ESTIMA TED AT $300,000 Item #16B6 - Moved to Item #10M Item #16B7 $4,500 FROM THE FREEDOM MEMORIAL FUND (620) TO BE ALLOCA TED TOWARD HIRING A PROFESSIONAL GRANT WRITING SERVICE FOR FUNDRAISING PURPOSES - TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH GRANTS PRO OF FORT MYERS Item # 16C 1 RECORD SATISFACTIONS FOR CERTAIN WATER AND/OR SEWER IMPACT FEE PAYMENT AGREEMENTS; THE FISCAL IMPACT IS $245.00 TO RECORD THE SATISFACTIONS OF LIEN - AS DETAILED IN THE EXECUTIVE SUMMARY Page 289 April 24, 2007 Item # l6C2 RESOLUTION 2007-92: SATISFACTIONS OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMP ACT IS $30.00 TO RECORD THE SATISFACTIONS OF LIEN - FOR FOLIO NUMBERS: 63856600109 AND 40621400007 Item # 16C3 RESOLUTION 2007-93: SATISFACTION OF LIEN FOR A SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT. FISCAL IMPACT IS $20.00 TO RECORD THE SATISFACTION OF LIEN - FOR FOLIO NO. 63452720001 Item #16C4 RESOLUTION 2007-94: SA TISF ACTIONS OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMP ACT IS $70.00 TO RECORD THE SATISFACTIONS OF LIEN - FOR FOLIO NUMBERS: 63856600109, 52650680006, 603809600004,62203480009,6345270001 AND 63852200008 Item #16C5 Page 290 April 24, 2007 RESOLUTION 2007-95: SATISFACTIONS OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $90.00 TO RECORD THE SATISFACTIONS OF LIEN - FOR FOLIO NUMBERS: 24982520008, 35641360006, 52650680006,62203480009,65074040002,6517240006, 65671600007 AND 67490480008 Item #16C6 - Moved to Item #lON Item # l6C7 A SHORT-TERM INTER-FUND LOAN FROM USER FEES AS AN INTERIM FUNDING SOURCE FOR THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT (SCRWTP) 12 MGD RO EXPANSION PROJECT 700971, AND FOR THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT (SCR WTP) WELL FIELD EXPANSION-EASEMENT PROJECT 708921 , WATER IMPACT FEE CAPITAL PROJECTS - DUE TO DELA YS AT THE FEDERAL LEVEL AND THE SLOW DOWN OF BUILDING PERMIT ACTIVITIES RESULTING IN LOW FUNDS IN THE WATER IMPACT FEE FUND Item #16Dl AFFIRM A UNITED STATE FISH AND WILDLIFE COOPERATIVE AGREEMENT 40l8l6J09l FOR A DERELICT VESSEL REMOVAL GRANT AND APPROVE ALL NECESSARY BUDGET AMENDMENTS TO RECOGNIZE AND Page 291 April 24, 2007 APPROPRIA TE GRANT REVENUE IN THE AMOUNT OF $30,000 - TO ASSIST THE TEN THOUSAND ISLANDS NA TIONAL WILDLIFE REFUGE WITH THE REMOVAL OF DERELICT VESSELS IN ORDER TO PRESERVE AND ENHANCE THE WATERWAYS AND ESTUARIES WITHIN THE COUNTY; TO DATE 34 VESSELS HAVE BEEN REMOVED COUNTY - WIDE Item # 16D2 BUDGET AMENDMENT TOTALING $250,000 FROM BEACH RENOURISHMENT/PASS MAINTENANCE RESERVES TO FUND MISCELLANEOUS BEACH RENOURISHMENT INITIATIVES AS REQUIRED BY FDEP PERMIT WHICH IS PART OF THE COUNTY'S MAJOR BEACH RENOURISHMENT PROJECT (905271) - TO COMPLETE THE REQUIRED ARTIFICIAL REEF CONSTRUCTION PROGRAM; REIMBURSEMENT IS ANTICIPATED FROM FEMA Item #16D3 PA YMENT OF $75,000 TO BETTY BRIGGS TO PURCHASE THE ROB STORTER COLLECTION AND TO AUTHORIZE THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE THE ATTACHED THREE-PARTY AGREEMENT AMONG THE FRIENDS OF THE MUSEUM OF THE EVERGLADES, MRS. BETTY BRIGGS, AND THE COUNTY, TO TRANSFER OWNERSHIP OF THE STORTER COLLECTION TO COLLIER COUNTY - A RARE COLLECTION (310 ITEMS) OF WORKS OF ART AND ARTIFACTS THAT PROVIDE A UNIQUE HISTORICAL RECORD OF THE COUNTY Page 292 April 24, 2007 Item #16D4 RECOGNIZE THE INCOME FROM CREDIT REPORT FEES GENERATED BY THE HOME LOAN PROGRAM OPERATED WITHIN THE HOUSING AND HUMAN SERVICES DEPARTMENT - ESTIMATED TO GENERATE $6,000 IN CREDIT FEES ANNUALLY Item #16D5 AUTHORIZES THE COUNTY MANAGER TO SIGN, A LIEN AGREEMENT WITH SANTA LEDEZMA DIAZ (OWNER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 86, INDEPENDENCE, PHASE II - FOR PROPERTY LOCATED IN THE HABITAT FOR HUMANITY INDEPENDENCE SUBDIVISION IN IMMOKALEE, THIS AGREEMENT DEFERS $8,166.25 IN IMPACT FEES Item # l6D6 RECOGNIZE ANTICIPATED REVENUE IN THE AMOUNT OF $11,300 FROM THE COLLIER COUNTY MEDICAL SOCIETY AND APPROVE A BUDGET AMENDMENT TO THE HOUSING AND HUMAN SERVICES CLIENT ASSISTANCE BUDGET - IN SUPPORT OF A PART-TIME ASSISTANT PATIENT CARE COORDINATOR FROM FEBRUARY 1,2007 THROUGH SEPTEMBER 30, 2007 Item #16D7 RESOLUTION 2007-96: THE STATE HOUSING INITIATIVE Page 293 April 24, 2007 PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN (LHAP) FOR STATE FISCAL YEARS 2007-2008, 2008-2009 AND 2009-2010 AS REQUIRED BY STATE LAW AND SUBMIT TO THE FLORIDA HOUSING FINANCE CORPORATION - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D8 RESOLUTION 2007-97: SUBMITTAL OF A FLORIDA BOATING IMPROVEMENT PROGRAM DERELICT VESSEL REMOVAL GRANT IN THE AMOUNT OF $80,000 TO THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION - TO PRESERVE AND ENHANCE WATERWAYS AND ESTUARIES IN THE COUNTY; THE FUNDS ARE INTENDED TO REMOVE UP TO 20 VESSELS Item #I6El RATIFY ADDITIONS TO, DELETIONS FROM AND MODIFICATIONS TO THE 2007 FISCAL YEAR PAY AND CLASSIFICATION PLAN MADE FROM DECEMBER 16,2006 THROUGH MARCH 30, 2007 - FOR MINIMAL FISCAL IMP ACT WHICH ARE ABSORBED BY INDIVIDUAL DEPARTMENTS Item # l6E2 REPORT TO THE BOARD OF COUNTY COMMISSIONERS CONCERNING THE SALE AND TRANSFER OF ITEMS ASSOCIATED WITH THE COUNTY SURPLUS AUCTION HELD ON MARCH 24, 2007, RESULTING IN GROSS REVENUES OF $518,875.25 - AS DETAILED IN THE EXECUTIVE SUMMARY Page 294 April 24, 2007 Item # 16E3 AN AGREEMENT FOR SALE AND PURCHASE WITH HARVEY N. KAREN AND LISA M. KAREN FOR 0.678 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $898,000 - LOCA TED ON MARCO ISLAND ADJACENT TO THE EXISTING OTTER MOUND PRESERVE Item # 16E4 SUBMITTAL OF THE ATTACHED FLORIDA COMMUNITIES TRUST (FCT) GRANT PROPOSAL SEEKING POST ACQUISITION FUNDING FOR A 2006 CONSERVATION COLLIER PURCHASE OF THE COLLIER DEVELOPMENT CORPORATION PARCEL, WHICH IS A COMPONENT OF THE GORDON RIVER GREENWAY PRESERVE PROJECT, REQUESTING REIMBURSEMENT FOR 50% OF PROJECT COSTS, OR $1,045,700 - AS DETAILED IN THE EXECUTIVE SUMMARY Item # 16E5 PHASE III "ENTERPRISE IMPLEMENT A TION STRATEGY" OF THE "ENTERPRISE CONTENT MANAGEMENT STRATEGY", PROJECT 500421, IN THE AMOUNT OF $25,000.00- CONTRACTED WITH DOCULABS, INC. Item #16E6 THE "GRANT OF STORM WATER DRAINAGE EASEMENT" AGREEMENT, EXHIBIT A, BETWEEN COLLIER COUNTY Page 295 April 24, 2007 AND EDISON COLLEGE, TO ALLOW CONSTRUCTION OF A SHALLOW DRAINAGE SW ALE REQUIRED BY THE SITE DEVELOPMENT PLAN FOR THE EMERGENCY SERVICES COMPLEX AND SOUTH REGIONAL LIBRARY, PROJECT NUMBERS 54003 AND 52160 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16E7 - Moved to Item #100 Item #16Fl ACCEPT AN AWARDED VOLUNTEER FIRE ASSISTANCE MATCHING (50/50) GRANT FROM THE FLORIDA DIVISION OF FORESTRY FOR THE PURCHASE OF WILDLAND FIREFIGHTING EQUIPMENT AND APPROVAL OF NECESSARY BUDGET AMENDMENTS TO RECOGNIZE AND APPROPRIATE REVENUE IN THE AMOUNT OF $3,340.98 - FOR THE ISLES OF CAPRI FIRE AND RESCUE DISTRICT Item #16Hl COMMISSIONER COYLE'S REQUEST FOR REIMBURSEMENT FOR ATTENDING THE NAPLES SAILING & YACHT CLUB MEN'S SPEAKER LUNCHEON, WHERE HE WAS A SPEAKER, ON MARCH 15,2007; $9.95 TO BE PAID FROM COMMISSIONER COYLE'S TRAVEL BUDGET - LOCATED AT 896 RIVERPOINT DRIVE Item #16H2 COMMISSIONER HALAS' REQUEST FOR REIMBURSEMENT FOR ATTENDING THE ECONOMIC DEVELOPMENT Page 296 April 24, 2007 COUNCIL'S VIP BREAKFAST AT THE HILTON NAPLES ON MAY 2, 2007; $21.53 TO BE PAID FROM COMMISSIONER HALAS' TRAVEL BUDGET - LOCATED AT 5111 TAMIAMI TRAIL NORTH Item # 16H3 COMMISSIONER COLETTA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING THE LEADERSHIP COLLIER CLASS OF 2007 GRADUATION ON MAY 11,2007; $50.00 TO BE PAID FROM COMMISSIONER COLETTA'S TRAVEL BUDGET - HELD AT THE NAPLES BEACH HOTEL AND GOLF CLUB, 851 GULF SHORE BOULEVARD NORTH Item #16H4 COMMISSIONER COLETTA'S REQUEST FOR REIMBURSEMENT TO ATTEND THE EDC'S 2007 BEST PLACES TO WORK BREAKFAST AND AWARDS PRESENTATION ON MAY 3, 2007; $40.00 TO BE PAID FROM COMMISSIONER COLETT A'S TRAVEL BUDGET - AT THE HILTON NAPLES, 5111 T AMIAMI TRAIL NORTH Item #16H5 COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING THE 4-H FOUNDATION LUNCHEON ON TUESDAY, APRIL 10, 2007 AT THE FIRST UNITED METHODIST CHURCH; $9.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - LOCATED AT 388 1 ST AVENUE SOUTH, NAPLES Page 297 April 24, 2007 Item # 16H6 - Withdrawn COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING THE COLLIER REPUBLICAN CLUB MEETING ON MONDAY, APRIL 9, 2007 AT THE CLUBHOUSE AT BRIDGEWATER BAY; $12.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - PROGRAM TO INCLUDE A DEBATE TEAM COMPRISED OF HOME SCHOOLED STUDENTS PREPARING FOR THEIR REGIONAL TOURNAMENT AT EDISON COLLEGE IN MAY Item #16H7 COMMISSIONER FIALA'S REQUEST FOR REIMBURSEMENT TO ATTEND THE LEADERSHIP COLLIER CLASS OF 2007 GRADUATION ON FRIDAY, MAY 11,2007, AT THE NAPLES BEACH AND GOLF HOTEL; $50.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - HELD AT THE NAPLES BEACH HOTEL AND GOLF CLUB, 851 GULF SHORE BOULEVARD NORTH Item #1611 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED: The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page 298 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE April 24, 2007 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: (1) Bavshore/Gatewav Trianqle Local Redevelopment Advisory Board: Agenda for February 6, 2007 Workshop; Minutes of February 6, 2007 Workshop; Agenda for February 6,2007 Meeting; Minutes of February 6, 2007 Meeting. (2) Coastal Advisory Committee: Minutes of February 8, 2007; Minutes of January 11, 2007; Minutes of December 14, 2006. (3) Radio Road Beautification M.S.T.U. Advisory Board: Agenda for March 20, 2007; Minutes of February 20, 2007; (4) Citizens Corps Advisory Committee: Minutes of January 17, 2007; Agenda for January 17, 2007; Minutes of February 21, 2007; Agenda for February 21, 2007. (5) Collier County Planninq Commission: Agenda for March 15,2007; Agenda for March 1, 2007; Minutes of January 4, 2007; Agenda for February 15, 2007; Minutes of December 21, 2006. (6) Immokalee Master Plan and Visioninq Committee & Community Redevelopment Aqencv Advisory Board/Enterprise Zone Development Aqency: (a) Immokalee Enterprise Zone Development Aqency & Community Redevelopment Aqencv Advisory Board: Agenda for January 17, 2007; Minutes of January 17, 2007. H:\DA T A \FRONT DESK - 2007\2007 Miscellaneous Correspondencel042407 _mise _ corr.doc (b) Community Redevelopment Aqencv Advisory Board and Immokalee Master Plan and Visioninq Committee: Agenda for January 17, 2007; Minutes of January 17, 2007; Agenda for January 31,2007 Special Meeting; Minutes of January 31,2007 Special Meeting; Agenda for February 21, 2007; Minutes of February 21, 2007. (c) Enterprise Zone Development Aqencv/Communitv Redevelopment Aqencv Advisory Board: Agenda for January 17, 2007; Minutes of January 17, 2007; Agenda for February 21,2007; Minutes of February 21,2007. (7) Emerqencv Medical Services Advisory Board: Minutes of January 30, 2007; Minutes of February 28, 2007. (8) Pelican Bav Services Division Board: Agenda for March 7, 2007; Minutes of February 7, 2007; Agenda for February 26, 2007 Special Meeting; Minutes of February 14, 2007 Workshop. (9) Bavshore Beautification M.S.T.U. Advisory Committee: Minutes of February 7, 2007; Agenda for March 21,2007. (10) Collier County Contractor's Licensinq Board: Agenda for March 21, 2007. (11) Lelv Golf Estates Beautification M.S.T.U. Advisory Committee: Agenda for February 15, 2007; Minutes of January 18, 2007; Agenda for March 15, 2007; Minutes of February 15, 2007. (12) Conservation Collier Land Acquisition Advisory Committee: Agenda for March 12, 2007; Minutes of January 8, 2007; Minutes of February 12,2007; Agenda for February 12, 2007. (a) Outreach Subcommittee: Agenda for February 12, 2007. H:\DA T A \FRONT DESK - 2007\2007 Miscellaneous Correspondencel042407 _mise _ corr.doc (13) Immokalee Beautification M.S.T.U. Advisory Committee: Agenda for March 28, 2007; Agenda for February 28, 2007; Minutes of January 24,2007 (14) Collier County Environmental Advisory Council: Minutes of February 7, 2007; Agenda for March 7, 2007; Agenda for February 7,2007; Minutes of January 11, 2007. (15) Golden Gate Community Center Advisory Committee: Agenda for February 5, 2007; Minutes of February 5, 2007; Meeting Schedule for 2007. (16) Collier County Parks and Recreation Advisory Board: Minutes of January 17, 2007; Minutes of December 20,2006; Minutes of February 21, 2007. (17) Vanderbilt Beach M.S.T.U. Advisory Committee: Agenda for March 1, 2007; Minutes of February 1, 2007; Agenda for April 5, 2007; Minutes of March 1,2007. (18) Collier County Historic and Archaeoloqical Preservation Board: Agenda for February 28, 2007; Minutes of January 17, 2007; Agenda for March 21,2007; Minutes of February 28,2007. (19) Collier County Library Advisory Board: Agenda for January 31,2007; Minutes of December 13, 2006; Agenda for February 28,2007; Minutes of January 31,2007. (20) Golden Gate M.S.T.U. Advisory Committee: Agenda for March 13, 2007; Minutes of February 13, 2007. (21) Forest Lakes Roadway and Drainaqe M.S.T.U. Advisory Committee: Agenda for March 14,2007; Minutes of February 14, 2007. (22) Collier County Public Vehicle Advisory Committee: Agenda for March 5,2007. H:\DATA\FRONT DESK - 2007\2007 Miscellaneous Correspondencel042407 _misc_corr.doc April 24, 2007 Item #1611 DISBURSEMENTS FOR THE PERIOD OF MARCH 31, 2007 THROUGH APRIL 6, 2007 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item # 16J2 DISBURSEMENTS FOR THE PERIOD OF APRIL 7, 2007 THROUGH APRIL 13,2007 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16Kl THE COMMITTEE'S SELECTION OF BRICKLEMYER, SMOLKER, & BOLVES, DE LA PARTE & GILBERT AND FIXEL, MAGUIRE, & WILLIS AND AUTHORIZE THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO SIGN AN AGREEMENT WITH EACH LAW FIRM FOR EMINENT DOMAIN SERVICES ONCE SUCH AGREEMENT IS SIGNED FOR LEGAL SUFFICIENCY BY THE COUNTY ATTORNEY - DUE TO THE COUNTY'S FUTURE RIGHT-OF- WAY LAND ACQUISITION PROGRAM Item # 16K2 THE SECOND OFFER OF JUDGMENT IN THE AMOUNT OF $20,000 AS TO PARCELS 114 & 914 IN THE LAWSUIT STYLED COLLIER COUNTY V ELIAS VALENCIA, ET AI., CASE NO. 03- 2274-CA (GOLDEN GATE PARKWAY PROJECT NO. 60027) (FISCAL IMPACT $7,600, IF ACCEPTED) Page 299 April 24, 2007 Item # 16K3 STAFF TO PREPARE AND SUBMIT APPLICATIONS TO REGISTER SERVICE MARKS WITH THE UNITED STATES PATENT & TRADEMARK OFFICE AND THE STATE OF FLORIDA'S DIVISION OF CORPORATIONS TO PRESERVE THE COUNTY'S ADVERTISING, LOGOS, PHRASES AND SLOGANS - THE TOURISM DEPARTMENT TO SUBMIT "PARADISE COAST BLUEWAY" AND "PARADISE COAST BLUEW A Y - THE COLLIER COUNTY PADDLING TRAIL" Item #16K4 AN AGREED ORDER A WARDING EXPERT FEES AND COSTS FOR PARCEL 178 IN THE LAWSUIT STYLED COLLIER COUNTY, FLORIDA V TEODORO GIMENEZ, ET AI., CASE NO. 04-0561-CA (VANDERBILT BEACH ROAD (CR862) PROJECT NO. 63051) (FISCAL IMPACT $22,000.00) Item # 17 A ORDINANCE 2007-39: AMENDING ORDINANCE NO. 2003-39 FOR THE PURPOSE OF CHANGING ALL REFERENCES TO FUNDING "TRAFFIC" EDUCATION TO "DRIVER" EDUCATION PROGRAMS, INCREASING THE SURCHARGE AMOUNT THE CLERK OF COURTS MAY COLLECT ON ALL CIVIL TRAFFIC PENALTIES FROM $3.00 PER PENALTY TO $5.00 PER PENALTY AND TO REQUIRE THAT EACH DRIVER EDUCATION PROGRAM RECEIVING FUNDS REQUIRE A MINIMUM OF 30% OF A STUDENT'S TIME BE BEHIND-THE- WHEEL TRAINING AS AUTHORIZED BY SECTION 318.1215 OF THE FLORIDA STATUTES, ENTITLED THE "DORI Page 300 April 24, 2007 SLOSBERG DRIVER EDUCATION SAFETY ACT." Item #17B RESOLUTION 2007-98: PETITION A VESMT-2007-AR-11203, LOT 61, BLACK BEAR RIDGE - PHASE 1, DISCLAIMING, RENOUNCING AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A DRAINAGE EASEMENT IN THE REAR OF LOT 61 OF BLACK BEAR RIDGE PHASE 1, A SUBDIVISION LOCATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AS RECORDED IN PLAT BOOK 43, PAGE 89 THROUGH 92 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" Item #17C RESOLUTION 2007-99/DEVELOPMENT ORDER 2007-02: PETITION DOA-2005-AR-7136: NAPLES GRANDE HOLDINGS, LLC, REPRESENTED BY BRUCE E. TYSON, RLA, AICP OF WILSONMILLER IS REQUESTING A CHANGE TO THE PREVIOUSL Y APPROVED GREY OAKS DEVELOPMENT OF REGIONAL IMPACT (DRI) IN ACCORDANCE WITH FLORIDA STATUTES, SUBSECTION 380.06(19), TO AFFECT THE SOUTHEAST QUADRANT THAT IS LOCATED IN UNINCORPORATED COLLIER COUNTY OF THE 1,601.4:1: ACRE PROJECT. PROPOSED MODIFICATIONS INCLUDE REMOVING 250 HOTEL ROOMS AND ADDING 175 RESIDENTIAL UNITS. THE GREY OAKS DRIIS LOCATED IN THE NORTHEAST, SOUTHEAST, AND NORTHWEST QUADRANTS OF AIRPORT-PULLING ROAD AND GOLDEN GATE P ARKW A Y, IN SECTIONS 24, 25 AND 26, TOWNSHIP 49 Page 30 I April 24, 2007 SOUTH, RANGE 25 EAST, COLLIER COUNTY AND THE CITY OF NAPLES, FLORIDA. (COMPANION TO PUDA-2005-AR- 1 0 15 7) Item #17D ORDINANCE 2007-40: PETITION PUDA-2006-AR-I0157: NAPLES GRANDE HOLDINGS, LLC, REPRESENTED BY BRUCE E. TYSON, OF WILSONMILLER INC., REQUESTING AN AMENDMENT TO THE GREY OAKS PUD TO REPLACE THE APPROVED HOTEL USE WITH RESIDENTIAL LAND USES AND ADD 175 UNITS, THUS CHANGING THE MAXIMUM NUMBER OF UNITS TO 1,775 DWELLING UNITS FOR A PROJECT DENSITY OF 1.12 UNITS PER ACRE. THE PUD COMPRISING 1,601.4:1: ACRES IS LOCATED AT THE NORTHEAST, NORTHWEST AND SOUTHEAST QUADRANTS OF THE INTERSECTION OF AIRPORT-PULLING ROAD AND GOLDEN GATE PARK WAY (THE CHANGES PROPOSED IN THIS PETITION WILL ONLY AFFECT THE SOUTHEASTERN QUADRANT OF THE INTERSECTION), IN SECTIONS 24, 25, 26 TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY AND THE CITY OF NAPLES, FLORIDA. (COMPANION TO DOA-2005-AR-7136) Item#17E ORDINANCE 2007-41: PETITION: PUDZ-2006-AR-9150 KERRY KUBACKI FOR LIVINGSTON VILLAGE, LLC, AND TAMMY TURNER KIPP OF V ANDERBlL T HOLDINGS II, LLC, REPRESENTED BY ROBERT L. DUANE, AICP, OF HOLE MONTES, INC., IS REQUESTING A REZONE FROM THE CURRENTLY ZONED "A" RURAL AGRICULTURE WITH A Page 302 April 24, 2007 CONDITIONAL USE (CU) OVERLAY TO "MPUD" MIXED USE PLANNED UNIT DEVELOPMENT. THE PROPOSED REZONE REQUEST IS FOR UP TO 1 00,000 SQUARE FEET OF RETAIL OR OFFICE SPACE AND TEN MUL TI-FAMIL Y UNITS; THE PROJECT IS TO BE KNOWN AS BRADFORD SQUARE MPUD. THE SUBJECT PROPERTY IS 9.18:1: ACRES LOCATED AT 14258 LIVINGSTON ROAD, NORTH EAST CORNER OF LIVINGSTON ROAD AND VANDERBILT BEACH ROAD, SECTION 31, TOWNSHIP 48 SOUTH, AND RANGE 26 EAST, COLLIER COUNTY, FLORIDA. - ADOPTED W/CHANGES Item #17F - Moved to Item #8B Item #17G ORDINANCE 2007-42: PETITION PUDZ-2006-AR-8997, D. WAYNE ARNOLD, AICP, Q. GRADY MINOR AND ASSOCIATES, AND RICHARD D. YOV ANOVICH, ESQ., GOODLETTE COLEMAN AND JOHNSON, P.A REPRESENTING ELIAS BROTHERS COMMUNITIES TWO, INC., REQUESTING TO REZONE A 55- ACRE TRACT FROM THE RURAL AGRICULTURAL (A) ZONING DISTRICT TO RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS THE BUTTONWOOD PRESERVE RPUD FOR PROPERTY LOCATED APPROXIMA TEL Y ONE MILE SOUTH OF IMMOKALEE ROAD (C.R. 846) AND 0.7 MILES EAST OF COLLIER BOULEVARD (C.R. 951) ON THE SOUTH SIDE OF TREE FARM ROAD, IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. Page 303 April 24, 2007 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 7:31 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CON~~ N JIM COLETTA, Chairman A TTEST~.; DWIGflT E. BROCK, CLERK ~ LlMM ~~l. Attest /11 to , , . t '9n~,tu,.e on 1 . These minutes approved by the Board on \Y"\1.{.1 od. <mol-, as presented X. or as corrected I TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. Page 304