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BCC Minutes 05/22-23/2007 R May 22-23, 2007 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, May 22-23, 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 8:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Jim Coletta Torn Henning Frank Halas Fred W. Coyle Donna Fiala ALSO PRESENT: Jim Mudd, County Manager David Weigel, County Attorney Sue Filson, Executive Manager to the Board Crystal Kinzel, Office of the Clerk of Court Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) \..1:11.")\ I II <1' .. f"":r ,"." .""""" Jr,,\ AGENDA May 22, 2007 8:00 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 PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 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." Page 1 May 22, 2007 ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD 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 CERT AIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. April 24, 2007 - BCC/Regular Meeting C. May 1,2007 - BCC/City of Naples Joint Workshop 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS 5. PRESENTATIONS A. Presentation by John Torre, Director, Communications and Customer Relations, of the 2007 Citizen Survey. 6. PUBLIC PETITIONS Page 2 May 22, 2007 Item 7 and 8 to be heard no sooner than 1 :00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. An Ordinance requesting authorization for Artesia Naples Community Development District Board of Supervisors to exercise certain additional powers for persons and property residing in the Artesia Naples Community Development District (CDD). B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ-A- 2005-AR-7422 (KD) Larry Abbo, as vice president of Prime Homes at Porto fino Falls, Ltd., represented by David R. Underhill, Jr. of Banks Engineering and Robert D. Pritt of Roetzel & Andress, L.P.A.; and William L. Hoover, as president of Catalina Land Group Inc., who is represented by David R. Underhill, Jr., of Banks Engineering and Richard D. Yovanovich of Goodlette, Coleman and Johnson, P.A., are requesting a rezone from the Rural Agricultural (A) and Planned Unit Development (PUD) zoning districts to the Residential Planned Unit Development (RPUD) zoning district, to add 20.26 acres and 80 dwelling units to the Wolf Creek RPUD for a total of 167.96 acres and 671 dwelling units, which may be single- or multi-family dwellings, and amend the PUD document and associated Master Plan. The applicant also proposes to reduce the maximum height of multi-family structures from 42 feet and 3 stories to 38 feet and 2 stories; and eliminate nursing homes, private schools, adult living facilities and churches as allowable conditional uses. The subject property is located on the north side of Vanderbilt Beach Road, approximately one half mile west of Collier Boulevard in Section 34, Township 48 South, Range 26 East, Collier County, Florida. (Companion Item to the Falls of Porto fino Community Development District (CDD)) C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to consider adoption of an Ordinance establishing the Falls of Portofino Community Development District (CDD) pursuant to Section 190.005, Page 3 May 22, 2007 Florida Statutes. This item is a companion to item RZ-2005-AR-7422 Wolf Creek PUD. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Immokalee Beautification Advisory Committee. B. Appointment of member to the Collier County Airport Authority. C. Appointment of member to the Habitat Conservation Plan Ad-Hoc Advisory Committee. D. Appointment of member to the Collier County Coastal Advisory Committee. E. Recommendation that the Board of County Commissioners indicate intent to renegotiate the County Attorney Employment Agreement with David C. Weigel and approve an Addendum to the Agreement. (Commissioner Coletta) F. Commissioner Henning requesting the Board of County Commissioners to approve and authorize reimbursement of reasonable legal fees and costs. 10. COUNTY MANAGER'S REPORT A. This item to be heard at 4:00 p.m. Recommendation that the Board of County Commissioners accept the findings of the report entitled Collier County Impact Fee Indexing Study prepared by Tindale-Oliver and Associates, Incorporated, in association with Robert W. Burchell, Ph.D., as directed by the Board of County Commissioners, and direct the County Manager or his designee, to finalize the study, prepare the necessary amendments to Chapter 74 of the Collier County Code of Laws and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance, to incorporate the changes to the indexing methodologies and corresponding changes to the impact fee rate schedules for consideration by the Board of County Commissioners at a future meeting(s).(Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) Page 4 May 22, 2007 B. This item to be heard at 4:30 p.m. Recommendation that the Collier County Board of County Commissioners (BCC) approve a budget amendment totaling $250,000 from FY07 Fund 186 reserves to assist with the establishment of a Florida State University School of Medicine rural health training center in Immokalee. (Companion item to Community Redevelopment Agency approval of expenditure under l4A to be considered following action on l4A) (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) C. The County Managers Zoning Department staff would like discuss with the Board of County Commissioners, the impacts of the current requirements of the Land Development Code as they relate to the Mixed Use Project (MUP) approval process permissible in the Bayshore and Bayshore Triangle Overlay Zoning Districts, specifically as they relate to the Arboretum Village project which was approved by the Board of County Commissioners on September 12,2006. They also request affirmation that a 3 or more year time frame for physical construction of this project, as now proposed by the developer and as evidenced by the initial SDP submittal for administrative review, does not conflict with the intent of the Board when they approved this project in terms of the awarding of density bonus units, and furthermore that it does not conflict with the Boards potential plans to build a parking garage in the Bayshore redevelopment area as discussed at the public hearing approving this project. (Joseph K. Schmitt, Administrator, Community Development & Environmental Services Division) D. Recommendation that the Board of County Commissioners accept an interim report from the Habitat Conservation Plan Advisory Committee and provide the Committee direction for future efforts. (Joseph K. Schmitt, Administrator, Community Development & Environmental Services Division) E. Recommendation to approve an Agreement for Sale and Purchase with George P. Langford, as Trustee of the R. R. Land Trust dated the 1 st day of December, 1998 for 55.35 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $10,687,700. (Len Price, Administrator, Administrative Services) F. Recommendation to approve the Winchester Head Multi-parcel project as a Category A project on the current Conservation Collier Active Acquisition List and direction for the County Manager or his designee to actively pursue Page 5 May 22, 2007 properties within this project, considering conditions provided by the Board of County Commissioners and a risk reduction approach developed by staff. (Len Price, Administrator, Administrative Services) G. Recommendation to conduct the Conservation Collier Annual Public Meeting to provide an update on the Programs past activities, to solicit proposals and applications, and to approve the Fifth Cycle Target Protection Areas (TP A) mailing strategy. (Len Price, Administrator, Administrative Services) H. Recommendation to enter into a supplemental agreement with the South Florida Water Management District (SFWMD) related to a September 23, 2003 agreement that conveys or causes to be conveyed at no cost to Collier County fee simple interest to 640 contiguous acres, more or less, for Off Highway Vehicle (OHV) Use and approve any and all budget amendments deemed necessary in association with this action. (Marla Ramsey, Administrator, Public Services) I. This item to be heard at 9:00 a.m. Recommendation to approve the Interlocal Agreements between Collier County and the City of Naples, City of Marco, East Naples, and North Naples Fire Departments for an Advanced Life Support Engine Partnership Program. J. Recommendation to approve an agreement with the District School Board of Collier County for transporting school-age recreation program participants at an estimated cost of $90,000. (Marla Ramsey, Administrator, Public Services) [Item ofInterest-Commissioner Henning] K. To seek Board direction on the acquisition of a parcel of property owned by the City of Marco Island as a result of a follow-up discussion with the City of Marco Island. (Project No. 60001) L. Recommendation to accept and approve a 2005 Disaster Recovery Sub grant Agreement between the Department of Community Affairs and Collier County for $2,339,882 and an associated budget amendment to implement the Disaster Recovery Initiative programs, and to adopt a Resolution approving and authorizing the Chairman to sign the Agreement, and to delegate to the County Manager or his designee the authority to submit required reports or other documents which are solely ministerial in nature. (Marla Ramsey, Administrator, Public Services) Page 6 May 22, 2007 M. Recommendation that the Board of County Commissioners Adopt a Resolution Declaring a Valid Public Purpose for Accepting Voluntary Donations Made Directly to the County for Affordable-Workforce Housing, Establishing an Affordable-Workforce Housing Trust Fund and Providing General Guidelines for Use of Monies in the Affordable-Workforce Housing Trust Fund. (Marla Ramsey, Administrator, Public Services) N. Recommendation to sign the formal Hazard Mitigation Grant Program (HMGP) application for $1,639,225 in HMGP funds to be used towards the construction of the new Collier County Emergency Operations Center (EOC) O. Recommendation to approve budget amendments recognizing the Fiscal Year 2007-08 U.S. Department of Housing and Urban Development (HUD) entitlement funding, and State Housing Initiatives Partnership Program (SHIP) allocations. ($7,173,560) P. Providing requested information about potential for contributing $500,000 from Conservation Collier funds to assist the City of Naples in building trail and bridge on City-owned land as part of the Gordon River Greenway. 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. That the Board of County Commissioners consider the results of the survey of Goodland residents and determine whether or not to proceed with proposed amendments to the Goodland Zoning Overlay as well as the creation of a Goodland Advisory Board. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. This item to be heard at 4:30 p.m. Recommendation that the Community Redevelopment Agency (CRA) approve the expenditure of $250,000 from FY07 Fund 186 reserves to assist with the establishment of a Florida State University School of Medicine rural health training center in Immokalee. Page 7 May 22, 2007 (Companion item to the Board of County Commissioners budget amendment approval under lOB to be considered before lOB) 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) This item requires that ex parte disclosure be provided by Commission Members. Should a hearinl!: be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Arezzo at Tuscany Reserve. 2) This item requires that ex parte disclosure be provided by Commission Members. Should a hearinl!: be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Silver Lakes Phase Two-G 3) To accept final and unconditional conveyance of the water facility for Forest Glen, Parcel 7. 4) To accept final and unconditional conveyance of the water facility for Forest Glen, Parcel 4 5) This item requires that ex parte disclosure be provided by Commission Members. Should a hearinl!: be held on this item, all participants are required to be sworn in. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Mediterra Unit One, the roadway and drainage improvements will be privately maintained 6) This item requires that ex parte disclosure be provided by Commission Members. Should a hearinl!: be held on this item, all participants are required to be sworn in. Recommendation to grant Page 8 May 22, 2007 final approval of the roadway (private) and drainage improvements for the final plat of Summit Place in Naples, Phase I, the roadway and drainage improvements will be privately maintained. 7) To accept final and unconditional conveyance of the water facility for Foxfire Club Expansion. 8) Recommendation to approve final acceptance of the water and sewer utility for Milano, Phase lA. 9) Recommendation to approve final acceptance of the water and sewer utility facilities for Milano, Phase 2A. 10) Recommendation to accept a Proposed Settlement Agreement providing for Compromise and Release of Lien in the Code Enforcement Action entitled Collier County v. James Keiser and Southern Exposure of Naples, Inc., Case No. CEB 98-005. 11) Recommendation to approve a Release and Satisfaction of Code Enforcement Lien for payment received. B. TRANSPORTATION SERVICES 1) Recommendation to approve the Collier Metropolitan Planning Organizations (MPO) Operating Budget for FY 2007/08, including $10,221 County match for Federal Highway Administration Planning and Federal Transit Administration Section 5303 grants. 2) Recommendation that the Board of County Commissioners approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute a Local Agency Program Agreement (LAP) with the Florida Department of Transportation (FDOT) in which Collier County would be reimbursed up to $306,205 of the total estimated cost of $420,000 for the design, construction, engineering and inspection of intersection improvements at the intersection of 111 th (Bluebill) and 8th Street. 3) Recommendation to approve a Resolution of the Collier County Board of County Commissioners (BCC) authorizing the submission of the Transportation Disadvantaged Trust Fund Trip/Equipment Grant Page 9 May 22, 2007 Application with the Florida Commission for the Transportation Disadvantaged (CTD). ($608,398) 4) Recommendation to approve the purchase of two fixed-route buses as scheduled replacements to be operated by Collier Area Transit. ($648,652) 5) Recommendation to approve the submission of the attached Florida Department of Transportation (FDOT) Public Transit Service Development Grant project proposal request for 100% grant funding in the amount of $816,512. 6) Approve a Budget Amendment recognizing an additional $993,198 in Federal Transit Administration Grant Section 5307 funds for Fiscal Year 06/07. 7) Recommendation to approve the purchase of2.90 acres of improved property required for road right of way for the Vanderbilt Beach Road extension project. Project No. 60168 (fiscal impact: $723,148.50). 8) Recommendation for the Board of County Commissioners to direct the Road and Bridge Department of the Transportation Division to spray herbicide on vegetation in the bottom of a swale/canal/ditch that drains approximately 1000 acre basin that includes The Boyne South PUD, a portion of US 41, and some agricultural property north and south of US 41. ($2,500) 9) Recommendation to approve Change Order No.1 to Professional Service Agreement No. 05-3865 in the amount of$503,793 with CH2MHILL, Inc., for the design of Collier Boulevard Road Improvements from Golden Gate Boulevard to Golden Gate Main Canal, Project No. 68056. C. PUBLIC UTILITIES 1) Recommendation to approve two Budget Amendments in the total amount of $107,101 to reallocate budgeted FY07 personnel costs from the Public Utilities Engineering Cost Center and transfer budgeted FY07 personnel costs from the Solid Waste Disposal Scale House Page 10 May 22, 2007 Operations Cost Center to reflect the two FTE transfers in this fiscal year to the Financial Operations Cost Center. 2) Recommendation to approve the Satisfaction for a certain Water and/or Sewer Impact Fee Payment Agreement. Fiscal impact is $18.50 to record the Satisfaction of Lien. 3) 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 1991 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions 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 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $50.00 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 1993 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $60.00 to record the Satisfactions of Lien. 6) 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 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $50.00 to record the Satisfactions of Lien. 7) 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. Fiscal impact is $80.00 to record the Satisfactions of Lien. 8) 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 Page 11 May 22, 2007 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $90.00 to record the Satisfactions of Lien. 9) Recommendation to reaffirm the use of Ashbritt Environmental Inc. (Contract 05-3661) and Solid Resource Inc. (Contract 05-3831) as the County's 2007 Hurricane Season debris removal and monitoring contractors for operational readiness. 10) Recommendation to accept Rights of Entry required for the replacement and rehabilitation of the water distribution system serving the Dalton and Cypress Mobile Home Parks on Auto Ranch Road at a recording cost not to exceed $1,000, Project 710101. D. PUBLIC SERVICES 1) Recommendation that the Board of County Commissioners approves, and authorizes the County Manager to sign, a lien agreement with Ethel D. Warren (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 100 Independence Phase II, Immokalee. 2) Recommendation that the Board of County Commissioners approves, and authorizes the County Manager to sign, a lien agreement with Marie Dume (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 7 Trail Ridge. 3) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jeannine Mathurin (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 97 Independence Phase II, Immokalee. 4) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Amy Cantu (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 79 Independence Phase II, Immokalee. Page 12 May 22, 2007 5) Recommendation that the Board of County Commissioners approves, and authorizes the County Manager to sign, a lien agreement with Marie Mathurin (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 147 Trail Ridge. 6) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Cirilo Sanchez and Benigna Trejo (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 89 Independence Phase II, Immokalee. 7) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Madai Avalos (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 196 Trail Ridge. 8) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Raudel Salazar and Maria Salazar (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 129 Independence Phase II, Immokalee. 9) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Mireya Escobedo (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 98 Trail Ridge. 10) Recommendation to approve a Lease Agreement with the School District of Collier County for the continued use of property adjacent to East Naples Community Park with no annual cost. 11) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Silvia Aguilar (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 81 Independence Phase II, Immokalee. Page 13 May 22, 2007 12) Recommendation to approve submission of the 2007 Continuum of Care (CoC) Homeless Assistance Consolidated Grant Application to the United States Department of Housing and Urban Development (HUD), and authorize the Chairman to sign the application on behalf of Collier County and the Board of County Commissioners. ($443,645) 13) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with George Pierre and Remercile Giles (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Pearce Subdivision Block 2 Lot 18, Immokalee. E. ADMINISTRATIVE SERVICES 1) Recommendation to award Bid #No. 07-4110 On-Call Roofing Contractor Services to Crowther Roofing and Sheet Metal of Florida, Inc. as primary, Advanced Roofing, Inc. as secondary Gulf Western Roofing and Sheet Metal, Inc. as the third vendor for Roofing Services. (annual cost estimate $600,000) 2) Recommendation to award RFP #07-4101 Annual Contract for ADA Surveying and ADA Specific Architectural Design to CH2MHILL to provide accessibility surveys, create a County ADA Master Plan/Transition Plan, providing programming, program verification, conceptual and schematic designs and overall ADA design and planning consultation services. ($100,000) 3) Recommendation to accept the after-the-fact approval by the County Manager of a Capability Survey requested by the District School Board of Collier County that supports the School Districts Grant Application for the Toyota Family Literacy Program (TFLP). 4) Recommendation to approve an Agreement for Sale and Purchase with William C. Scherer and Irene K. Scherer for 80.00 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $548,000. 5) To approve a price adjustment under contract 05-3796 - "Traffic Sign Materials and Related Items". Page 14 May 22, 2007 6) Recommendation to approve an Agreement for Sale and Purchase with James L. Price, Jr. for 20.00 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $141,200. 7) Recommendation to approve an Agreement for Sale and Purchase with Thomas J. Connolly, Successor Trustee under the Edward L. Connolly, Jr. Revocable Trust Agreement, dated June 16, 1993 for 70.00 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $480,200. 8) Recommendation to approve an Agreement for Sale and Purchase with Ralph A. Calo and Barbara Calo for 40.00 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $276,700. 9) Recommendation to approve an Agreement for Sale and Purchase with Robert Reed Rivers, Jr. and Karl Lewis Predmore for 19.54 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $139,500. 10) Recommendation to approve an amendment to the Collier County Driver Education Grant Program. 11) Recommendation to approve Amendment No. 02 to the Agreement with Collier County District School Board for the Driver Education Grant Program. 12) Recommendation to award RFP #No. 07-4100 Air Filtration Services to Kleen Air Research, Inc. in an estimated annual amount of $153,000.00. F. COUNTY MANAGER 1) Recommendation to approve Memorandum of Understanding for County emergencies between Collier County and Emmanuel Lutheran Church of Collier County. Page 15 May 22, 2007 2) Recommendation to approve an amendment to the Certificate of Public Convenience and Necessity for NCH Healthcare System for non-emergency ambulance service. 3) Recommendation to approve the after-the-fact submittal of the attached Assistance to Firefighters Grant application to the Federal Emergency Management Agency for the installation of powered computer mounting systems, including docking stations, to provide Mobile Data Terminal capability in Emergency Medical Services ambulances and command vehicles for a total of$6l,200. 4) Recommendation to approve the outsourcing of Emergency Medical Services (EMS) billing functions to Automated Data Processing, Inc. (AD PI) by piggybacking on the Seminole County Agreement #RFP- 0780-05/TRJ for an estimated additional cost of$273,019 in FY 08, resulting in a projected increase in gross revenues of $1 ,296,270 in FY08 (the first full year of implementation). 5) Recommendation to approve Memorandum of Understanding for County emergencies between Collier County and Moorings Presbyterian Church of Collier County. 6) Authorize a budget amendment of $231 ,000.00 from reserves to the Department of Emergency Management to support the purchase of seven (7) portable generators from Godwin Pumps of America under bid number (063953) to improve the disaster response capability for Collier County. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) To approve and execute Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area. ($8,000) 2) Recommendation for the Community Redevelopment Agency to approve the purchase of a vacant residential (mobile home) lot in the Bayshore area of the CRA as part of a CRA residential infill proj ect; to approve payment from and authorize the CRA Chairman to make a Page 16 May 22, 2007 draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $11 0,250.00 plus cost and expenses to complete the sale of subj ect property; and approve any and all necessary budget amendments. Site address: 4005 Harvest Court, Naples, Fl 34112. 3) Recommendation for the Community Redevelopment Agency to approve the purchase of a vacant residential (mobile home) lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $110,250.00 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 3991 Harvest Court, Naples, FL 34112. 4) Recommendation for the Community Redevelopment Agency to approve the purchase of a vacant residential (mobile home) lot in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of$114,500 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 3979 Harvest Court, Naples, FL 34112. 5) Recommendation for the Community Redevelopment Agency to approve the purchase of a residential (mobile home) lot and trailer in the Bayshore area of the CRA as part of a CRA residential in fill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $90,000 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 3032 Van Buren Avenue. 6) Recommendation for the CRA Board to approve an agreement letter assigning the current lease for additional office space for Bayshore Gateway Triangle CRA operations to a new location within the same commercial building at no additional cost and authorize the CRA Chairman to sign. Page 17 May 22, 2007 H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Fifth Annual Tourism Week Celebration Luncheon on May 16, 2007 and is requesting reimbursement in the amount of $30.00, to be paid from his travel budget. 2) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Ave Maria Univeristy's Commencement Ceremonies and luncheon and is requesting reimbursement in the amount of $12.00, to be paid from his travel budget. 3) Proclamation to designate May 25,2007 as National Missing Children's Day to encourage all community members to teach a child important, possibly life-saving, safety tips as part of the continuing efforts in Collier County to prevent abduction and sexual exploitation of children. To be mailed to Ms. Kathleen Curatolo, Executive Director, National Center for Missing and Exploited Children, Collier County. 4) Proclamation designating May 20 - May 26, 2007 as Collier County Emergency Medical Services Week. To be sent to Jeff Page, Chief, Collier County EMS. 5) Proclamation to designate May 2007 as Mental Health Awareness Month. To be sent to Ms. Petra Jones, Executive Director, The Mental Health Association of Southwest Florida. 6) Proclamation designating May 21, 2007 to May 25, 2007 as Immokalee Foundation Week. To be mailed to the Immokalee Foundation. I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS Page 18 May 22, 2007 1) To obtain board approval for disbursements for the period of April 28, 2007 through May 04, 2007 and for submission into the official records of the board. 2) To obtain board approval for disbursements for the period of May 05, 2007 through May 11, 2007 and for submission into the official records of the board. 3) Recommend that the Board of County Commissioners serve as the Local Coordinating Unit of Government in the Florida Department of Law Enforcement's Fiscal Year 2008 Edward Byrne Memorial Justice Assistance Grant (JAG) Program and designate the Sheriff as the Official Applicant, Sheriffs office staff as Grant Financial and Program Managers, approve the Grant Application when completed, and authorize acceptance of awards and associated budget amendments. 4) Recommend that the Board of County Commissioners designate the Sheriff as the Official Fiscal Year 2007 applicant and program point- of-contact for the United States Department of Justice, Bureau of Justice Assistance, Edward Byrne Memorial Justice Assistance Grant (JAG) Program, accept the Grant when awarded, and approve applicable budget amendments. 5) Recommendation to approve a Resolution between the Board of County Commissioners and Embarq Telephone Company of Florida. 6) Report to the Board of County Commissioners regarding the disposition of assets no longer deemed to serve a useful function or to have a commercial value. K. COUNTY ATTORNEY 1) Recommendation to approve the Offer of Judgment in the amount of $32,100 as to Parcel 163 in the lawsuit styled Collier County v. Thomas F. Salzmann, et aI., Case No. 03-2550-CA (Golden Gate Parkway Project No. 60027). (Fiscal Impact $7,446.00) 2) Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms Page 19 May 22, 2007 and conditions as the Mediated Settlement Agreement in the amount of $165,000.00 for the acquisition of Parcels 112 and 712 in the lawsuit styled Collier County v. Raymond A. McCauley, et aI., Case No. 05-0633-CA (County Road 951 Project No. 65061). (Fiscal Impact: $104,600.00) 3) Recommendation to Approve an Amended Stipulated Final Judgment as to Parcel 101 in the Lawsuit Styled Collier County v. Roberto Bollt, Successor Trustee, Under Land Trust Agreement dated 1/27/86, et aI., Case No. 00-2433-CA (Randall BoulevardlImmokalee Road Intersection) Project #60171. (Fiscal Impact: None) 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition A VPLAT-2007-AR-11489, disclaiming, renouncing, and vacating the Countys and the Publics interest in a portion of a combined Lake Maintenance Easement, Drainage Easement, and Irrigation Easement lying over Tract B, Prestwick Place, a subdivision as recorded in Plat Book 46, Pages 9 through 14 of the Public Records of Collier County, Florida, situated in Section 28, Township 50 South, Range 26 East, Collier County, Florida, and being more particularly described in Exhibit A. B. This item has been requested by the Petitioner to be continued to the June 12, 2007 BCC Meetinl!. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: CU-2006-AR-9458, Silver Strand III Partnership, represented by Page 20 May 22, 2007 George L. Varnadoe, Esquire, ofCheffy, Passidomo, Wilson & Johnson, LLP and Fred Reischl, AICP, of Agnoli, Barber & Brundage, Inc., requesting a conditional use for Rinker Concrete Plant at Silver Strand in the Rural Agricultural with an Mobile Home Overlay (A-MHO) Zoning District. The subject property, consisting of 14.74 acres, is located approximately 1,300 feet south of Stockade Road on the east side of Immokalee Road (CR 846), in Section 15, Township 47 South, Range 29 East, Immokalee, Collier County, Florida. C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-05-AR-8900, Richard D. Yovanovich representing Paul and Ruth Williams requesting approval of a Conditional Use (CU) for an existing stabling facility in the Agricultural (A) zoning district, as specified in Section 2.04.03 of the Collier County Land Development Code (LDC). D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2006-AR-ll034 (NG) Naples Bridge Center, Inc., represented by Joss Nageon de Lestang, P.E., ofOulfshore Engineering, Inc., requesting a Conditional Use of Estates (E) zoning district pursuant to Table 2, Section 2.04.03 of the Land Development Code (LDC). The 2.5 acre Estate zoned site was originally approved under Conditional Use Resolution 94-424 on June 14, 1994, for a social organization consisting of a 3,500 square foot building and a parking lot of 83 parking spaces. The proposal is for an expansion to permit an additional 3,500 square feet of floor area and an additional 50 parking spaces. The subject property is located at 5865 Golden Gate Parkway, in Golden Gate Estates Unit 30, Section 29, Township 49 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 21 May 22, 2007 May 22-23, 2007 MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, Commissioners, you have a hot mike. CHAIRMAN COLETTA: Welcome, ladies and gentlemen, to the Board of Collier County Commissioners' meeting of May 22nd. And with that, we're going to open this meeting like we open all meetings. Mr. Mudd's going to lead us in an invocation. 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, and grant them the wisdom and vision to meet the trials of this day and the days to corne. 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. (The Pledge of Allegiance was recited in unison.) Item #2A APPROVAL OF TODA Y'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED ~ APPROVED AND/OR ADOPTED W/CHANGES CHAIRMAN COLETTA: I'm trying to remember. I think this is the first time maybe we've had an eight o'clock meeting start. But whatever, it's fine by me. COMMISSIONER COYLE: Certainly the first one I've ever had when I was awake. CHAIRMAN COLETTA: Well, we're off to a running start. Let's start off with the -- it's a little different. I don't know -- the Page 2 May 22-23,2007 agenda as I'm looking at it -- COMMISSIONER HALAS: County Manager. CHAIRMAN COLETTA: Yeah. County Manager, let's start with you. COMMISSIONER HALAS: Changes. MR. MUDD: Good morning. Agenda changes, Board of County Commissioners' meeting, May 22, 2007. Continue item 10M to June 12,2007, BCC meeting. This is a recommendation that the Board of County Commissioners adopt a resolution declaring a valid public purpose for accepting voluntary donations made directly to the county for affordable/workforce housing, establishing an affordable/workforce housing trust fund, and providing general guidelines for use of monies in the affordable housing trust fund. Item is being continued at the county attorney's request. Next item is item lOP. The legal consideration section was omitted from the executive summary of this copy. Copies of the corrected executive summary have been distributed and made available for review, and all the commissioners received a copy of that particular change. Next item is to add item 12B. This item to be heard at 12 noon. The notice of closed attorney/client session, settlement negotiations and strategy relating to the litigation expenditures in the pending litigation case of William Litsinger versus Collier County, Florida, and Fred Coyle, individually, case number 06-432-CA now pending in the 20th Judicial Circuit in and for Collier County. That's at the staff's request. The next item is to add item 12C. The Board of County Commissioners to provide action/direction to the Office of the County Attorney as to any settlement negotiations and strategy relating to litigation expenditures in William Litsinger versus Collier County, Florida, and Fred Coyle, individually, case number 06-432-CA now Page 3 May 22-23, 2007 pending in the 20th Judicial Circuit and -- in and for Collier County, Florida. Again, at staff's request. The next item is to move item 16All to 10Q. It's a recommendation to approve a release and satisfaction of code enforcement lien for payment received. Item is being asked to be moved at Commissioner Coletta's request. There are -- there's a couple of notes. Item 10E, page 8 of 18 of the executive summary under program qualifications, third paragraph, sentence should read, this parcel is owned by CSX, a national railway line, and leased to a local railroad company. The company's name was originally entered as CVx. Next item is 10H. The last sentence of paragraph 5 of the supplemental agreement will be amended to read, if no objection is made, district, at no cost to the county, shall convey title to county to the Lake Trafford site by quitclaim deed. Next item under 10H is paragraph three of this lease to be attached as Exhibit B to the supplemental agreement, has recently been modified by Alico to read, lessee shall provide or cause to be provided on-site management during all times that the premises is open for public A TV use, including a gatekeeper station at the gate to be constructed at the public entrance to the premises and another gatekeeper station at the exiting gate along the boundary line between the premises and lessor's adjacent property. The county's on-site manager shall be equipped with a fire extinguisher and a shovel for use as a first line of defense in the event fire threatens the premises while they are on site. The emergency telephone numbers for the local fire department and emergency medical response unit, the Collier County Sheriff's Department, and the Alico Fire Management offices -- officers shall be posted at gatekeeper's station. In addition, use. No fuel shall be brought, sold, or stored on the premises. A copy of the lease will be available at presentation of this item Page 4 May 22-23, 2007 today. You have a number of time certain items today, Commissioners. The first item is lor to be heard at nine a.m. This is a recommendation to approve the interlocal agreements between Collier County, City of Naples, City of Marco Island, East Naples and the North Naples fire departments for an advanced life support engine partnership program. That item will be presented by Dr. Tober. Next item is item lOA, to be heard at four p.m. This is a recommendation that the Board of County Commissioners accept the findings of the report entitled Collier County Impact Fee Indexing Study prepared by Tindale Oliver & Associates, Inc., in association-- in association with Robert W. Burchell, Ph.D., as directed by the Board of County Commissioners, and direct the county manager or his designee to finalize the study, prepare the necessary amendments to chapter 74 of the Collier County Code of Laws and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance, to incorporate the changes to the indexing methodologies and corresponding changes to the impact fee rate schedules for consideration by the Board of County Commissioners at a future meeting or meetings. The next item is item 10 -- excuse me -- 14A, to be heard at 4:30 a.m., and this is a companion item to item lOB. 14A will be done as CRA, and item lOB, its companion, you'll be back to the Board of County Commissioners. It's a recommendation that the Community Redevelopment Agency and/or the Board of County Commissioners approved the expenditure of $250,000 from FY -'07 Fund 186 reserves, to assist with the establishment of the Florida State University School of Medicine, Rural Health Training Center in Immokalee. That's all I have, sir. CHAIRMAN COLETTA: Thank you, Mr. Mudd. Okay. Let's go to the commissioners for the ex parte disclosures. Page 5 May 22-23, 2007 COMMISSIONER HALAS: No, attorney. CHAIRMAN COLETTA: I'm sorry. County attorney and then the commissioners. MR. WEIGEL: Thank you, Mr. Chairman and Commissioners. Good morning. Just one thing, and that is, pursuant to the government in the sunshine law, particularly section 286.011(8) it's, for the record, to indicate, as Mr. Mudd indicated, the county attorney has requested the closed session to be heard at 12 noon today in the case of William Litsinger versus Collier County and Fred Coyle. And thank you, and that's it. CHAIRMAN COLETTA: Thank you, Mr. Weigel. Okay. For the ex parte disclosures provided by the commissioners on the consent and summary agenda and any changes to the agenda, we'll start with Commissioner Coyle. COMMISSIONER COYLE: Mr. Chairman, I have no further changes to the agenda. I have no ex parte disclosures for the consent agenda, but for the summary agenda, 17B, I did receive correspondence on that particular item. I have had no meetings or discussions otherwise. Thank you. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: Yes, thank you very much. On the consent agenda, 16A1, I have no disclosures; 16A2, I've had meetings in the past and also some emails; 16A5, I've had emails in the past on that item; and 16A6, no disclosures. And on the summary agenda, A, B, C, and D items I have nothing to disclose on those. Thank you very much. CHAIRMAN COLETTA: Okay. And I, myself, I have nothing to disclose on the consent agenda, the summary agenda, and no further changes to the regular agenda. Commissioner Fiala? COMMISSIONER FIALA: Yes. I have nothing to disclose on Page 6 May 22-23,2007 consent or summary and nothing to change on the agenda. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: No disclosures on today's consent or summary. I want to move to the regular agenda 16 George 1 and all of the impact deferral agreements for the regular agenda. CHAIRMAN COLETTA: Would you give us the run of numbers, please? COMMISSIONER HENNING: 16B 1. CHAIRMAN COLETTA: Wait. You can say -- are they consistent, I mean, from all the way through -- COMMISSIONER FIALA: No. CHAIRMAN COLETTA: -- or are they broken up? Okay. Go ahead and name them, please. COMMISSIONER HENNING: 16D2, 16D3, 16D4, 16D5, 16D6, 1607, 16D8, 16D9, 16DlO. COMMISSIONER FIALA: You need 11. COMMISSIONER HENNING: And I guess we don't have a 16D 11 ? COMMISSIONER FIALA: No, there is -- 10 is the school district, but 11 is another lien agreement, and then 16D12 is consolidated grant, but 16D13 is another lien agreement. COMMISSIONER HENNING: Then that would also include 16Dll then. CHAIRMAN COLETTA: It does include BlO (sic) though, right? COMMISSIONER HENNING: Pardon me? CHAIRMAN COLETTA: It does include B 10? MR. MUDD: BI0? COMMISSIONER FIALA: B 1 O? MR. MUDD: DI0. COMMISSIONER HENNING: David. COMMISSIONER HALAS: Was the first one 16G as in golf? Page 7 May 22-23,2007 COMMISSIONER HENNING: Golf 1 is the CRA item. COMMISSIONER HALAS: Okay. MR. MUDD: Okay. So 10D, you want to pull, sir? COMMISSIONER HENNING: No. DlO is a lease agreement with the school. MR. MUDD: Okay. So it's Dll and then DB? COMMISSIONER HENNING: And DB. MR. MUDD: Okay. l6Gl is lOR, l6Dl is lOS, l6D2 is 10D (sic), l6D3 is IOU as in uniform, l6D4 is 10Y as in yankee, l6D5 is lOW, l6D6 goes to lOX, l6D7 goes to -- COMMISSIONER COYLE: Four should have been Victor. MR. MUDD: Yeah, 4 is Victor, excuse me. COMMISSIONER COYLE: Seven is -- MR. MUDD: D5 is lOW, l6D6 is lOX, l6D7 is lOY, l6D8 is 10Z, l6D9 is 10AA, l6D 11 is 10BB, and l6D 13 is lOCC. COMMISSIONER HENNING: Since we've got an extra hour, we might as well talk about things. COMMISSIONER HALAS: Is this all related to one particular item all together? COMMISSIONER HENNING: Yes, and the -- COMMISSIONER HALAS: Maybe we can discuss it now and get it over with? COMMISSIONER HENNING: I'd be happy to. It's up to you. CHAIRMAN COLETTA: Why don't we stick with the agenda and stay with it so we can stay on schedule and we can catch it at that point in time because -- COMMISSIONER HENNING: Or we can continue them. CHAIRMAN COLETTA: I don't know if that's necessary. Let's wait till we corne to the agenda item so we're -- staff can be prepared to discuss it, too. We'll give them a little bit of time to prepare, okay, anything. Okay. What -- anything else, Commissioner Henning? Page 8 May 22-23, 2007 COMMISSIONER HENNING: That's it, thank you. CHAIRMAN COLETTA: No, thank you. Page 9 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING Mav 22. 2007 Continue Item 10M to June 12. 2007 BCC Meetinq: Recommendation that the Board of County Commissioners adopt a resolution declaring a valid public purpose for accepting voluntary donations made directly to the County for Affordable-Workforce Housing, establishing an Affordable-Workforce Housing Trust Fund and providing general guidelines for use of monies in the Affordable-Workforce Housing Trust Fund. (County Attorney's request) Item 10P: The "Legal Consideration" section was omitted from the Executive Summary of this item. Copies of the corrected Executive Summary have been distributed and made available for review. (Staff's request.) Add Item 12B: This item to be heard at 12:00 Noon. Notice of Closed Attorney-Client Session. Settlement negotiations and strategy relating to litigation expenditures in the pending litigation case of 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. (Staff's request.) Add item 12C: Board of County Commissioners to provide actionldirection 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 and in and for Collier County, Florida. (Staff's request.) Move 16A11 to 10Q: Recommendation to approve a Release and Satisfaction of Code Enforcement Lien for payment received. (Commissioner Coletta's request) Note: Item 10E: Page 4 of 18 of the Executive Summary. Under Program Qualifications, third paragraph, sentence should read: This parcel is owned by CSX, a national railway line and leased to a local railroad company. (The company name was originally entered as CVX). Item 10H: The last sentence of Paragraph 5 of the Supplemental Agreement will be amended to read: "If no objection is made, District, at no cost to the COUNTY. shall convey title to COUNTY to the Lake Trafford site by Quitclaim Deed." Paragraph 3 of the lease to be attached as Exhibit B to the Supplemental Agreement has recently been modified by Alico to read:"LESSEE shall provide, or cause to be provided, on sit management during all times that the Premises is open for public ATV use, includinQ a Qatekeeper stationed at the Qate to be constructed at the public entrance to the premises and another Qatekeeper stationed at the existinQ Qate alonQ the boundary line between the Premises and LESSOR's adiacent property. The County's on site manaQers shall be equipped with a fire extinQuisher and a shovel for use as a first line of defense in the event fire threatens the Premises while they are on the site. The emerQencv telephone numbers for the local fire department and emerQencv medical response unit. the Collier County Sheriffs Department and the Alico Fire ManaQement officers shall be posted at the Qatekeepers' stations. In addition. . . Use. No fuel shall be bOUQht. sold or stored on the Premises." A copy of the lease will be available at the presentation of this item. Time Certain Items: Item 101 to be heard at 9:00 a.m.: Recommendation to approve the Interlocal Agreements between Collier County and the City of Naples, City of Marco, East Naples and North Naples Fire Departments for an Advanced Life Support Engine Partnership Program. Item 10A to be heard at 4:00 p.m. Recommendation that the Board of County Commissioners accept the findings of the report entitled "Collier County Impact Fee Indexing Study" prepared by Tindale-Oliver and Associates, Incorporated, in association with Robert W. Burchell, Ph.D., as directed by the Board of County Commissioners, and direct the County Manager or his designee, to finalize the study, prepare the necessary amendments to Chapter 74 of the Collier County Code of Laws and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance, to incorporate the changes to the indexing methodologies and corresponding changes to the impact fee rate schedules for consideration by the Board of County Commissioners at a future meeting(s). Item 14A to be heard at 4:30 p.m. prior to companion Item 10B: Recommendation that the Community Redevelopment Agency (CRA) approve the expenditure of $250,000 from FY07 Fund 186 reserves to assist with the establishment of a Florida State University School of Medicine rural health training center in Immokalee. Item 10B to be heard at 4:30 p.m.. followinq companion item 14A: Recommendation that the Collier County Board of County Commissioners (BCC) approve a budget amendment totaling $250,000 from FY07 Fund 186 reserves to assist with the establishment of a Florida State University School of Medicine rural health training center in Immokalee. May 22-23, 2007 Item #2B and #2C MINUTES OF APRIL 24, 2007 - BCC/REGULAR MEETING AND MAY 1,2007 BCC/CITY OF NAPLES JOINT WORKSHOP- APPROVED AS PRESENTED Okay. Do I hear a motion to approve the agenda for today, the April-- and also the April 24, 2007, regular BCC meeting agenda and the May 1,2007, BCC/City of Naples joint workshop? COMMISSIONER COYLE: So moved. COMMISSIONER HALAS: I'll second. CHAIRMAN COLETTA: Okay. We have a motion by Commissioner Coyle to approve 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 unanimously. Item #5A PRESENTATION BY JOHN TORRE, DIRECTOR, COMMUNICATIONS AND CUSTOMER RELATIONS, OF THE 2007 CITIZEN SURVEY - PRESENTED Page 10 May 22-23, 2007 Okay. There's no service awards, no proclamations. Presentations? Mr. Torre? MR. MUDD: Presentation by John Torre, project director of communications and customer relations of the 2007 Citizen Survey. John? MR. TORRE: Good morning, Commissioners. I'm pleased to present to you at this early hour the 2007 Citizen Survey which was conducted this year for us again by Above Water Public Relations and Marketing. The survey was taken between March 19th and April 5th of this year. Joining me today is Cynthia Dobbins, president of Above Water, and she and I will be sharing the presentation duties. The survey this year, a telephone survey, again, of710 residents equally divided among the five commissioners' districts. The qualification was 18 years of age and older and either full-time or part-time residents. The margin of error for the poll this year is 4 percent. As you can see here, we did capture many more seasonal residents this time around. In 2005 we conducted the survey in -- I believe it was late May and early June, so this year 14 percent of the respondents were part-time or seasonal residents. How long have you lived here? The largest group of people have moved to Collier County within the last five years. The age of the respondents. The largest group is 65 or older, and there has been a question raised in one of the newspaper columns about this survey skewing older. But one of the explanations for that is that we are including seasonal residents, part-time residents in this survey who wouldn't be counted in the census survey here. It would be counted in census surveys elsewhere, and so the presumption is that most of the seasonal residents are likely 65 or older, and that would Page 11 May 22-23, 2007 increase the total number. Household size and dwellings by far the largest, single-family home or condominium, and the two-person household is the largest in Collier County, according to the survey, 50 percent. Employment status, 51 percent retired, 32 percent working full time, and 3 percent unemployed. This is a question we asked last time and asked again this time, sort of an overall feeling of how people believe things are going in Collier County. Generally speaking, are things moving in the right direction or wrong direction? This is a question often asked on national surveys as well. And as you can see, the number dip slightly from last time around, but still by more than a 2-1 margin, people believe things are moving in the right direction in the county. Generally speaking, county officials do a good job running county government. Do you agree or disagree with that statement? And the numbers pretty much track with where they were two years ago, 52.5 percent agree things -- that county officials are doing a good job running the county, and 28.5 percent disagree. The property taxes you pay are generally fair in relation to the value of the benefits you receive. The numbers, as you can see, dip slightly from last time around, but 57 percent of the respondents agree with that statement that the property taxes they pay are generally fair; 33 percent disagree with that. And would respondents pay more in property taxes for any particular services, and the only item that received more than 50 percent in this survey was construction of roads, bridges and sidewalks. And I'll have Cynthia Dobbins take you through the rest of the survey. MS. DOBBINS: Good morning, Chairman Coletta, good morning, Commissioners. Thank you very much for this opportunity Page 12 May 22-23, 2007 to present today's survey. We also asked some statements to ask people if they agreed or disagreed with the following: Overall appearance of neighborhoods and shopping areas, roads and highways, traffic signals, stormwater. I wanted to just point out in this particular question about stormwater drainage that the City of Naples residents do not pay for this service, so we pulled out those individuals who lived in District 4 just to make sure that this would be an accurate survey for you. So in 2007, 75 percent said that it works well in their neighborhood. Same thing for sewage system, 76 percent; garbage collection, recycling of trash, also 94 percent. We just wanted to make sure that this would be accurate since residents in Naples, in particular, just did not have to pay for that. Parks and recreational facilities, 82 percent very satisfied. Library services. Many of these, as you can see, echo the survey that we did two years. Same thing with Collier Area Transit, 51.8 percent had no opinion. We need to get people riding on that transit. Beaches, beach access. Beaches are clean and well maintained, 83 percent; 56 percent said beaches provide adequate rest rooms, picnic areas, and food and beverage concessions. Regarding beach access, 36 percent disagreed but 46 percent agreed this year that we do have adequate amount of beach access now. Policies and programs about attracting tourists. Generally speaking, spending money to attract tourists to our area during off-season summer months is a good idea; 56 percent of the respondents agreed with that. Access to healthcare services in Collier County is a problem for the average person; 42 percent, again, agree with that. Hurricane preparedness; 85 percent thought that it was timely and reliable hurricane information provided by the county. Impact fees. County has 12 different impact fees intended to Page 13 May 22-23,2007 help pay for the cost in providing government services; 42 percent agree that (sic) adding these prices to the price of anew ly constructed home or business. So this is something to take a look at and, obviously, you'll be speaking about that later. Regarding growth. County commission is doing a better job of managing growth today than it was five years ago; 46 disagree, 27 percent agree, and 27 percent had no opinion. Kind of high numbers there on no opinion. Again, just trying to get the information out there and educating people as to what we're doing, but nobody likes growth. As a place to live, Collier County is better now than it was five years ago; 36 percent agree. Overall job performance; 61 percent job approval rating. Congratulations. Source of information for Collier government. Local newspapers is still predominantly -- it's 53 percent. Behind that is local television, 28 percent, and then the radio station's 5. Other sources now are county Internet site, homeowners associations, friends, co-workers, town hall meetings and Collier government TV channel. During the past 12 months, have you contacted a Collier County government department for any reason: Thirty-three percent said yes, and of those 33 percent, 74 percent had their question or problem resolved satisfactorily. Have you visited the county web site in the past three months? Twenty-six percent have used it, and of those, 88 percent found it informative and easy to use. Sun-N-Fun Lagoon Water Park. Have you had an opportunity to visit the park? Twenty percent have, and it received a 46 percent excellent rating, 47 percent good. Very good numbers. Customer service. Have you ever requested a building permit from the county? Thirty-three percent, yes, and of those, 13 percent had an excellent experience, 38 percent good, 26 percent fair. Affordable housing in Collier County; 57 percent responded it is Page 14 May 22-23,2007 a major crisis, 24 percent a minor crisis, and 10 percent said it was not a crisis at all. The county should do more to promote and require more workforce/affordable housing in Collier County; 73 percent agree. State issues. Now, at the time of this survey this was the only tax issue that was out there, but what's your opinion of a proposed tax plan that would eliminate property taxes on homesteaded properties in exchange for an increase in the states sales tax from 6 percent to 8.5 percent; 46 percent oppose, 28 percent support, and 26 percent were not sure. Also on state issues, do you currently have a homestead exemption? Seventy-seven percent said yes. And in the question about whether or not you think homestead exemptions should be given to part-time residents in Collier County, 72 percent said no. Interstate 75. Would you support or oppose adding tolls to the new lanes that will be constructed on Interstate 75 in Collier County and Lee County this year in order to speed up construction of additional traffic lanes on the interstate in the future? Forty-nine percent oppose, 39 percent support, and 12 percent were not sure. Finally, we did some comparisons, since this is now the third survey that we've taken, 2002, 2005 and 2007. Again, questions like garbage collection and recycling of trash, we asked this question again as it related to recycling, and 94 percent agree it's working well; 93 percent feel the overall appearance of their neighborhoods and shopping areas is very good. Generally speaking, the sewage system works well in your neighborhood. Again, we took out the Naples residents for that question. Stormwater drainage system, 75 percent were pleased. Roads and highways are well maintained in the county; 69 percent agree. When you drive through the county, traffic signals keep the cars moving fairly well, 41 percent agree. Page 15 May 22-23,2007 Generally speaking county officials do a good job running county government; 52.5 percent. Then on the last question we asked people to name a project or-- that they felt needed improvement in Collier County. So based on the predominant number of responses, starting from the most important to them were roads, infrastructure, and building, that was 37.9 percent. Below that, at 14 percent, was housing; 10 percent for traffic, transportation. Fees, taxes, government, 7.2 percent; 6 percent parks and recreation, all the way down to environment, seemed to be the least important to people at 2.7 percent, and 26 percent said they didn't know and had no opinion. That's it. If you have any questions, happy to answer those for you. CHAIRMAN COLETTA: We'll start with Commissioner Halas, Commissioner Henning, then Commissioner Coyle. Commissioner Halas? COMMISSIONER HALAS: Yes. On your affordable housing, when was this survey taken; what date? MR. TORRE: Commissioner, March 26 through AprilS. COMMISSIONER HALAS: Okay. Yeah, because as I look through -- each weekend I look at the classifieds in regards to rent and also the availability of affordable housing, and I notice that there's been a marked decrease in the price of housing and also rent. MR. TORRE: Could be more of a perception issue too when you ask the question, COMMISSIONER HALAS: Okay. Could be, yeah. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Thank you. I'm sorry, ma'am, are you affiliated with the county? MS. DOBBINS: No. We're a vendor, an approved vendor for Collier County. Above Water Public Relations and Marketing. COMMISSIONER HENNING: Okay. So you actually Page 16 May 22-23, 2007 conducted the study? MS. DOBBINS: Correct. COMMISSIONER HENNING: Who developed the questions in the study? MS. DOBBINS: We worked together on that. MR. TORRE: Many of the questions, Commissioner, are carryover questions from surveys going as far back as 2002. COMMISSIONER HENNING: Right. Who developed the questions? MR. TORRE: We did in conjunction with the County Manager's Office. COMMISSIONER HENNING: Okay. MR. TORRE: But again, going back to-- COMMISSIONER HENNING: The two of you did, and with the permission of the county manager. MR. TORRE: Correct. COMMISSIONER HENNING: Is that what you're saying? Okay, great. Thanks -- thanks for answering that question. Now, the next question is, true or false. It's my understanding that the county survey historically was to get a feel on what our -- what we're delivering to the customers; true or false? MR. TORRE: I believe that's a true statement. COMMISSIONER HENNING: Okay. Now what I see is a diverse survey of things that are happening in the community or things that are happening in the state legislator (sic), things that are happening in regional areas. So we -- have we changed what we're asking our citizens? MR. TORRE: I don't believe so. COMMISSIONER HENNING: But there are some questions that deal with -- MR. TORRE: Specific questions about current events, yes. COMMISSIONER HENNING: Current events, okay. Why Page 17 May 22-23,2007 wasn't there a question about immigration in there and what Nancy Pinellas is not doing in Washington, D.C.? MR. TORRE: I can't answer that. COMMISSIONER HENNING: Okay. Maybe it's because that's a political question and you wouldn't answer that -- ask that? MR. TORRE: I don't think so, Commissioner. COMMISSIONER HENNING: Okay. That's not a political question? MR. TORRE: Could be construed that way. COMMISSIONER HENNING: Y eah. Well, the question that concerns me is the Republicans -- the Republicans in the House, the Florida House of Representatives, to me that's a political question. Who drummed up that one? MR. TORRE: Well I -- I'll take credit or blame for it, Commissioner. I mean, I threw the idea on the table as part of the discussion as to whether or not we should ask the question. COMMISSIONER HENNING: Would it be objectionable in the future if the Board of Commissioners review the questions before they're sent out? MR. TORRE: Sure. COMMISSIONER HENNING: Okay. Since it is that the board is supposed to serve and responsible (sic) through elections, it would be a fair thing to do? MR. TORRE: (Nods head.) COMMISSIONER HENNING: Thank you. CHAIRMAN COLETTA: Okay. Commissioner Coyle and then Commissioner Halas. COMMISSIONER COYLE: Is there any way for you to determine how the results of the survey would change if you dealt only with full-time residents? MR. TORRE: Well, I think the last survey was 95 percent full-time residents, and I thought the one thing that struck me about Page 18 May 22-23, 2007 this survey was how very little variation there were in the answers from questions that carried over from survey to survey. So you can pull out -- we could pull out the part-time residents out of this survey and give you just a snapshot of what the full-time residents' responses were to this. COMMISSIONER COYLE: How difficult is that for you to do? MR. TORRE: Not at all. COMMISSIONER COYLE: You see my point is this: I'm trying to find out why people don't know certain things. Like, there's a fairly low percentage of people who think Collier County has done a good job preserving environmentally sensitive land. I think it's only about, what, 30 percent feel that way. And that puzzles me. Is it because they don't know that there is a Conservation Collier program that is buying land throughout the year and that we have preserved hundreds of thousands of acres through our rural land stewardship area plan? Is it that they don't know or do they really feel that preserving hundreds of thousands of acres is not important? And if people are here for just a short period of time, it's likely they don't know about many of the things that are being done. So I'm trying to sort out the difference between what people might not be aware of because they're not here for a long period of time during the year from what people really do not approve of, that they are aware of. You understand what I'm trying to do? MR. TORRE: Absolutely. The number who agree that the county's doing a good job was closer to 59 percent. But there still was a high number who disagreed, 31. COMMISSIONER COYLE: Yeah. Well, if you could give me the names of those people, I'd like to talk with them. COMMISSIONER HALAS: You're going to be busy, Commissioner. COMMISSIONER COYLE: No. Is this a difficult thing for you to do, just to determine if full-time residents have a substantially Page 19 May 22-23, 2007 different opinion than part-time residents? MS. DOBBINS: We can certainly just add that at the beginning of the survey as one of our qualifying questions. COMMISSIONER COYLE: Well, no. I'm talking about the results of this particular survey. Is it easy for you to separate that data MR. TORRE: Yes. COMMISSIONER COYLE: -- in that way? If it's easy, could you give me a summary report on the results of that particular analysis and let's see if it yields anything substantial. MR. TORRE: Sure. COMMISSIONER COYLE: Okay. MR. TORRE: I think the -- you know, the universe you apply the survey to can vary. You can do registered voters, which is what I think CBIA does. You know, I think we chose residents, either part time or full time, because they are taxpayers. COMMISSIONER COYLE: But a property owner could be a resident a month a year -- MR. TORRE: Absolutely. COMMISSIONER COYLE: -- or two months a year, and they could be here during that time that the survey is taken, and they will not normally be aware of all of the things that are being done in the county, so they really cannot give an informed opinion about some of these issues, and I'm just trying to sort that out. MR. TORRE: Okay. COMMISSIONER FIALA: Can you copy all of us on that. MR. TORRE: Sure. CHAIRMAN COLETTA: I just wanted to say, I know Commissioner Coyle suggested that he'd like to talk to all the people out there that -- to be able to enlighten them, but I think that might be an invasion on their privacy. So what I would suggest is that we publish his cell phone number Page 20 May 22-23,2007 and home phone number so they can contact him. I just want to compliment you on the excellent job you did with this survey. I've been working with surveys as a -- what do you want to call it -- a nonprofessional for oh, 20-some- five years, I've studied the methodology behind it and been involved in a number of surveys. Most surveys are really done to try to influence public opinion rather than to gauge public opinion. I can tell that you this government survey that you put out does not do that, and I'm kind of scared that if we corne to the point where the county commission starts to look at the questions and starts to break them down, we're going to corne up with surveys that are just like the rest of the world puts out. They're not real surveys. They're trying to influence public opinion to something different than what it is. I just wanted to leave that note with you. I think you did an excellent job with it. MR. TORRE: Thank you. CHAIRMAN COLETTA: I thank you very much. But we're going to go to Commissioner Halas. COMMISSIONER HALAS: Kudos on that also. I think that the study that you carne up with, the questions that were asked, I think that they were favorably -- favorable to all aspects of the county, the residents here, whether they're full-time residents or part time. I think the biggest thing is, if people want to get involved in what's going on in the government, when you have a lot of answers where they have no opinion, that tells me that they really don't take a daily interest in what's going on, and it surprises me. And maybe because of the fact that one of the biggest avenues for people as far as obtaining your information is the newspaper, maybe the newspaper needs to be challenged and make sure that they get some additional information out there about what's taking place in government so that people maybe would be more -- more excited about getting involved in what's happening, and maybe that would also get them involved in issues that pertain to their neighborhoods Page 21 May 22-23,2007 and homeowner associations. I think that once you start to educate people and they have an understanding of the importance of getting involved in government, I believe what it does is enhances not only our ability to serve, but it also makes sure that the citizens understand the true relationship of what's going on in the community. CHAIRMAN COLETTA: Very well put, Commissioner Halas. Commissioner Fiala? COMMISSIONER FIALA: Yes. Being that Commissioner Coyle brought up this -- the one about the environment, that's such a good idea. And I notice that right now we're running a little TV special about, you know, some things. I've gotten so many comments back from people, and I'm amazed at how people watch that channel. Maybe that would be a good tool for us to educate the public with what we are doing with the environment, how much we've already preserved, show maps about, you know -- what is it, 81 percent now of our entire county surface is already in preservation, and we should show our public that, I think that would be a great avenue. MR. TORRE: We can do it. CHAIRMAN COLETTA: Thank you. Thank you very much for your presentation. MR. TORRE: Thank you. Item #9 A RESOLUTION 2007-139: APPOINTING ANDREA HALMAN TO THE IMMOKALEE BEAUTIFICATION ADVISORY COMMITTEE - ADOPTED MR. MUDD: Commissioner, that brings us to 9A, which is appointment of a member to the Immokalee Beautification Advisory Committee. Page 22 May 22-23, 2007 COMMISSIONER HENNING: Motion to approve Adrienne ( sic) Halman. CHAIRMAN COLETTA: Second. Motion by Commissioner Henning for approval and a second by Commissioner Coletta. 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: And the ayes have it unanimously. Thank you. Item #9B RESOLUTION 2007-140: APPOINTING FRANKLIN D. SECREST TO THE COLLIER COUNTY AIRPORT AUTHORITY - ADOPTED MR. MUDD: Commissioner, that brings us to 9B, appointment of a member to the Collier County Airport Authority. COMMISSIONER HENNING: Motion to approve Franklin Secrest. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: A motion by Commissioner Henning to -- for -- to approve the -- Franklin Secrest, a second by Commissioner Fiala. Page 23 May 22-23,2007 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. Item #9C RESOLUTION 2007-141: APPOINTING ELIZABETH A. WENDT TO THE HABITAT CONSERVATION PLAN AD-HOC ADVISORY COMMITTEE - ADOPTED MR. MUDD: Commissioner, the next item is 9C, appointment of a member to the Habitat Conservation Plan Ad Hoc Advisory Committee. COMMISSIONER FIALA: Motion to approve Elizabeth Wendt. COMMISSIONER HALAS: Second. CHAIRMAN COLETTA: Motion by Commissioner Fiala for approval 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. Page 24 May 22-23,2007 CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it unanimously. Item #9D RESOLUTION 2007-142: APPOINTING MAURICE JAMES BURKE TO THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE - ADOPTED MR. MUDD: Commissioner, the next item is 9D, appointment of a member -- COMMISSIONER HALAS: Motion to approve Jim Burke. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: Okay. MR. MUDD: Collier County Coastal Advisory Committee. CHAIRMAN COLETTA: Okay. COMMISSIONER HALAS: James Burke. CHAIRMAN COLETTA: James Burke? COMMISSIONER HALAS: Yes. CHAIRMAN COLETTA: Okay. We have a motion for appointing James Burke and a second by Commissioner Halas. COMMISSIONER FIALA: No, Fiala. CHAIRMAN COLETTA: Fiala, excuse me. The other way around. CHAIRMAN COLETTA: Commissioner Fiala (sic) for the motion and the second by Commissioner Halas (sic). Any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. Page 25 May 22-23, 2007 COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Okay. Let the record show the vote was 4-1 with Commissioner Henning being the opposing voted. Item #9E INTENT TO RENEGOTIATE THE COUNTY ATTORNEY EMPLOYMENT AGREEMENT WITH DAVID C. WEIGEL AND APPROVE AN ADDENDUM TO THE AGREEMENT - MOTION TO APPROVE ITEM - DENIED; MOTION TO START A SEARCH FOR A NEW COUNTY ATTORNEY - APPROVED MR. MUDD: Commissioner, next item is 9E. It's a recommendation that the Board of County Commissioners indicate intent to renegotiate the Collier -- excuse me -- Collier County Attorney Employment Agreement with David C. Weigel and approve an addendum to the agreement. And this is the chairman's item. COMMISSIONER HENNING: Mr. Chairman, I make a motion that we direct the chairman to authorize the chairman to sign the addendum of the county attorney agreement -- employee agreement. CHAIRMAN COLETTA: Okay. COMMISSIONER FIALA: I'll second that just for discussion. CHAIRMAN COLETTA: And we have a motion by Commissioner Henning to go forward with this and a second by Commissioner Fiala, and now for discussion. We'll start with Commissioner Halas. COMMISSIONER HALAS: Yes. I believe that the county Page 26 May 22-23, 2007 attorney has served this county very, very well. Myself, I would like to see us move forward on in this county, and maybe I think what we need to do is let the county attorney know -- this is my opinion -- that we appreciate his services, and that we'd like to maybe start a search on the outside to see what we can do as far as obtaining a new county attorney. CHAIRMAN COLETTA: Okay. Commissioner Coyle? COMMISSIONER COYLE: If we do that, it's going to take some time. Is there some way we can work with the county -- existing county attorney to provide for appropriate extensions during such a search? COMMISSIONER HALAS: I believe he's got 180 days. But does that start -- can we start it today or can -- is the 180 days already on the clock? Can the county attorney tell us that. MR. WEIGEL: The employment agreement provides for 180 days notice of the Board of County Commissioners to indicate whether they wish to renegotiate or allow the agreement or allow it to lapse. I would suggest that by virtue of the fact that we're within the 180 days at this point in time, that if the board were to take a direction to allow the agreement to lapse, it would start from the time that the board makes such decision. COMMISSIONER HALAS: Okay. MR. WEIGEL: The board certainly can make any -- attempt to make any other decision it wishes as well. COMMISSIONER HALAS: Okay. CHAIRMAN COLETTA: Of course, now the motion on the floor is to negotiate the contract. The contract would have to corne back for a final approval. Just a point I wanted to bring up. Commissioner Henning? COMMISSIONER HENNING: Commissioner Halas, I don't Page 27 May 22-23,2007 understand; maybe you can clarify. You stated that the county manager -- county attorney has done a -- served us well, done a good job, but you want to replace him by doing a search for a replacement. Can you please elaborate on that? COMMISSIONER HALAS: Yes. I think I made it fairly clear that I felt that Mr. Weigel, in his duties as the county attorney, has done a good job for the county. But I think as the county grows, I think we need to maybe look to the future and make sure that we're -- have the latest and greatest and that we can find out if there's -- we might find out that when we do a search, that he has all the attributes that we really need. But I think that at this point in time when the contract is up for negotiation, that we make sure that we search and make sure that the citizens of the county here are being represented as best as possible. CHAIRMAN COLETTA: So what you're -- what you're basically saying, if I understand, Commissioner Halas, is that if the search was done, that you would -- this county attorney could also apply for that; is that what you're saying? COMMISSIONER HALAS: Well, he could apply for that, or as I said, I think we just need to move on and see what's available as this county gets larger. CHAIRMAN COLETTA: Okay. Any other comments? COMMISSIONER HENNING: Yeah. Mr. Chairman, I don't agree with that. I don't agree with that analogy. You can't say that somebody's doing a good job and then say, well, we're going to try to find somebody to replace you. I just don't think that makes sense. I think it should be based upon performance. So my motion standards. CHAIRMAN COLETTA: Okay, fine. So we have a motion by Commissioner Henning, second by Commissioner Fiala. Is there any other discussion? CHAIRMAN COLETTA: Yes, Commissioner Fiala. COMMISSIONER FIALA: Could we ever discuss this at Page 28 May 22-23, 2007 noontime in our closed session and then come back and finish it? CHAIRMAN COLETTA: You'd have to ask the county attorney. I don't believe so. MR. WEIGEL: No, Ms. Fiala. The limitations on closed sessions relate to litigation and expenditures related to the litigation, as well as strategy. So no, that's an entirely separate option. COMMISSIONER FIALA: Okay. CHAIRMAN COLETTA: Okay. Any other comments? COMMISSIONER FIALA: And so this -- the motion then is that we will renegotiate, not that we have to follow the four years or anything; is that correct? CHAIRMAN COLETTA: No, no. When the contract comes back, this commission could put whatever conditions on it that they wish before they voted for approval. Or they can even direct it to go back into negotiations. COMMISSIONER HALAS: I thought the motion at this point in time was to go forward, have you sign an agreement for a four-year extension. That was my interpretation of the motion. COMMISSIONER FIALA: Is that what the motion was? COMMISSIONER HENNING: What's the recommendations? The recommendations is for the chairman to renegotiate the agreement and fully (sic) intent approval of the attached addendum. So it's renegotiate. It's going to have to come back to the Board of Commissioners for reconsideration. MR. WEIGEL: No. Actually that's not correct. COMMISSIONER HENNING: That's not correct? MR. WEIGEL: No, this was -- this executive summary provides, pursuant to the term of the agreement, that the board indicated its attempt -- its desire to renegotiate and take care of the renegotiation by a mere extension rather than a negotiation of terms and things that goes into there, a mere extension of the agreement for four years. This was similarly done for the county manager two years ago. Page 29 May 22-23, 2007 Additionally, however, I'm on the contract -- the 2003 contract provides for universal leave. Inasmuch as I've been an employee of the county over 20 years bringing to the county, of course, at this point institutional knowledge and ability to work with legislature, legislators, and maintain and hire highly qualified staff through my supervision, it merely provides additionally one small change, and that is that I be treated as other employees, abandon the universal leave which provides for 30 days a year, and go to the normal vacation, a normal sick leave, and normal personal days. If I don't use my sick days, the county is ahead. I had over 12 years where I used no sick days whatsoever. If I -- if I -- the vacation days I would get, being an employee over 20 years, is 25. So that is the only change. There may -- will there be more cost to the county in that regard? Only if I utilize all the sick days in the sense that they would be paid sick days. But my record has been never an abuse of sick days, and I think the record is very clear to that extent. Again, I merely want to be treated like other employees. And after all this service and continued desire to serve and working with commissioners and the public, I do not think that that is an unreasonable minor change to an agreement to continue to work with this board and with the county and the staff and the employees of the County Attorney Office. The recommendation, therefore, would not require this matter to come back to the board again. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: I appreciate your candor in regards to not using sick time, but sick time is only to be used if you really need it, and thank God that your health is good, that you didn't have to use it, so that means that each day that you weren't ill that you were here serving the citizens. So when somebody comes to me and says, well, I've got sick Page 30 May 22-23,2007 time that I -- that I haven't used and I think that I'm entitled to it, you're only entitled to it unless (sic) you really have to -- if you have a problem or you're sick. So I hope that you understand where I feel or where I stand in regards to sick time. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. I just want to make sure I heard what you just said. So when -- if we approve this, that means we approve you going forward for another four years? MR. WEIGEL: That is correct. COMMISSIONER FIALA: And I wonder -- is there a possibility that we could give input as to maybe some philosophies that we would like to see changed a little bit in the attorney's office? Or does that also mean that this is, you know, a blanket yes? MR. WEIGEL: Well, I think the answer to your first question in regard to philosophies of the Board of County Commissioners -- COMMISSIONER FIALA: No, not Board of County Commissioners. MR. WEIGEL: Well, I mean -- COMMISSIONER FIALA: Philosophies in the attorney's office. MR. WEIGEL: Yes. The county attorney, of course, serves the primary client, the Board of County Commissioners and, of course, is always open, not merely at a time of negotiation of contract, to hear from the board in regard to direction and how the service of the client can best be afforded. And if there are any kinds of issues relating to the operation of the office, there are multiple opportunities, of course, to have that contact with me. And additionally, of course, the county attorney is not under the -- we'll call it the limitations that the board finds under the county manager ordinance, for instance. And individual -- individual commissioners can talk with individual attorneys in my office. But also I, of course, have my annual review which comes up at Page 31 May 22-23, 2007 the end of September, early October every year, which is an opportunity, and an excellent opportunity, for a very comprehensive review of the office. As you know, we have a rather comprehensive evaluation format for the board to look at that covers legal, fiscal, personnel, supervisory, many different areas there. So -- but those things can be revisited at any time one on one from commissioners or if the commissioners so desire at any other point in regard to an operational change in the office or direction, philosophy change, things of that nature. So I would tend to think the flexibility's always there for that. COMMISSIONER FIALA: So if we don't approve this, then we just continue to go one year at a time; is that correct? MR. WEIGEL: No. Well, the agreement provides that within six months of its termination, the board by its -- the term of this agreement is supposed to indicate whether it wishes the agreement to lapse or to renegotiate. COMMISSIONER FIALA: No. MR. WEIGEL: Now, if the board determines that it wishes to continue an arrangement with me and renegotiate something different than the recommendation before you today, then you can go into that mode by a majority vote of the board today certainly. CHAIRMAN COLETTA: May I help you? COMMISSIONER FIALA: Yeah. CHAIRMAN COLETTA: I see there's a little bit of un comfort. I think it's the span of time that we're looking at, the four years. Mr. Weigel has served us very well. Obviously there's some opinions here how well that's been and may be questionable of how it may be in the future. Possibly you might want to reconsider your motion and direct me to go into negotiations and maybe come up with a contract that would go year by year and then we could evaluate it, because there are Page 32 May 22-23, 2007 certain things -- obviously I'm hearing three commissioners say they'd like to see change and done differently. Now, if we're not accomplishing that through our annual review, maybe it would be through an annual contract review that we might be able to have that power to do it. Just purely a suggestion. COMMISSIONER FIALA: Okay. CHAIRMAN COLETTA: Okay. We still have a motion on the floor by Commissioner Henning, a second by Commissioner Fiala, and that motion is to sign this agreement as it stands, it would not come back before the Board of Collier County Commissioners, and Mr. Weigel's contract would be extended for another four years. Does that sum it up without going through a lot of legal jumble? MR. WEIGEL: You're correct on that. And of course, the board always has the option of terminating my agreement if -- at some point in time. If it does that, then I get six months severance, things of that nature. There is a provision in there, however, if that comes up, that I would have an opportunity to address the board before they summarily would take such action. CHAIRMAN COLETTA: Okay. Any other comments? (No response.) CHAIRMAN COLETTA: Seeing none. All those in favor of the motion, indicate by saying aye motion. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: (No verbal response.) COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: Okay. I'm going to do this again. This time I'm going to ask for a hand count. I think we're all very Page 33 May 22-23, 2007 uncomfortable with this situation, and we all have a very special place in our heart for Mr. Weigel. All those in favor of the motion, indicate by raising their hands. COMMISSIONER HENNING: (Raised hand.) CHAIRMAN COLETTA: (Raised hand.) COMMISSIONER HENNING: Left or right? CHAIRMAN COLETTA: Right will work for me. Left for you. Okay, two for. All opposed? COMMISSIONER COYLE: (Raised hand.) COMMISSIONER HALAS: (Raised hand.) COMMISSIONER FIALA: (Raised hand.) CHAIRMAN COLETTA: Okay. The motion fails by a vote of 3-2. Okay. Thank you. COMMISSIONER HALAS: I make a motion then. The motion I'll make is that starting today, if it passes, that we give the county attorney 180 days and that we start a search. That's my motion. COMMISSIONER COYLE: Can I ask a question? COMMISSIONER HALAS: Sure. CHAIRMAN COLETTA: Yes, go ahead. COMMISSIONER COYLE: Before we second it. Will we -- well, I would recommend that we permit the county attorney to be considered in that process. COMMISSIONER HALAS: Yep. Okay. COMMISSIONER COYLE: I can tell that you finding a good county attorney is a very, very difficult thing to do, and it's entirely possibly we will -- if we do a search -- and I think that's an appropriate process. But if we do a -- COMMISSIONER HALAS: Yeah, I said earlier that he would be involved. COMMISSIONER COYLE: Okay. Then I would second the Page 34 May 22-23, 2007 motion. COMMISSIONER HALAS: Okay. CHAIRMAN COLETTA: Okay. Motion by Commissioner Halas and second by Commissioner Coyle to start the search. COMMISSIONER HALAS: And our -- our present county attorney is in -- is in the hunt in regards to this. CHAIRMAN COLETTA: Okay. COMMISSIONER HALAS: Okay. And we're starting the 180 days as of today. CHAIRMAN COLETTA: Hundred and eighty days being the time that we're going to be doing the search? COMMISSIONER HALAS: Yep, exactly. CHAIRMAN COLETTA: Okay. What else does that 180 days mean? Would that mean at the end of 180 days whether the search is done or not that we no longer have a county attorney or -- I'd hate to think we're going to -- COMMISSIONER HALAS: Well, at 180 days, I would think that we'd have a decision by that point in time. So we're just -- I'm just putting that into the motion, but I would think that what we're doing is put -- you know, have a search, that starts 180 days, along with the county attorney being involved in that, to see if there's people of his caliber that -- out there or somebody that could possibly lead us into the future, so -- CHAIRMAN COLETTA: Okay. Any advice from staff on this? I want to make sure that we've got a doable thing before we make this motion and we find out that it was totally unworkable in the time frame or something. Could somebody advise us? Can you remember the last time we did a search? I think it was for a county manager, and we gave up on it and hired Mr. Mudd. COMMISSIONER HENNING: No. We never did a search for the county manager. We just took Tom Olliffs recommendations. CHAIRMAN COLETTA: Okay. Let's go back to the question. Page 35 May 22-23, 2007 Does anyone know that the 180 days is workable? COMMISSIONER HALAS: I would hope so. I think it should be. CHAIRMAN COLETTA: Or do you want this -- you don't think we need to bring this back? You feel comfortable enough with your motion as is? COMMISSIONER HALAS: I think I'm -- I feel comfortable. I look for guidance here from my fellow commissioners if they feel that there's something that needs to be added. MR. WEIGEL: Mr. Chairman and Commissioners, I'd like to say one additional comment, and that is, based on what it appears you're poised to do right now, at the end of 180 days, and only -- or toward the end of the 180 days, only at that point I'll know whether I have a little bit of time left or not. At the same time, of course, I've always indicated my desire to work with the commissioners and staff and the public in this -- in this job. I think I've done a good job for all of us. But in any event, the way this will work out as proposed is that I either have to start looking for employment right now hoping that I don't have to find a job, and how can I commit to somewhere else if there's a possibility that I continue to work here, which I wish to continue to do or -- and additionally you have an ordinance in place that prevents me from even coming and working in county government work before this Board of County Commissioners for two years. You know, it's an implication that may force me to have to move to continue to stay in the same kind of work that I have to -- potentially, not absolutely. So there's a lot to what you're about to do right now that will affect me and affect my ability to go forward if I -- if at the end of 180 days, as Mr. Halas suggests, or prior to the end, you select another attorney and then I kind of wither on the vine and go off, how will I have looked after myself, my family, things of that nature, because I Page 36 May 22-23, 2007 have either had to have tried to make a commitment somewhere else or not. Who would take me thinking that, well, he really doesn't want to come and work here ifhe can continue to work with the county. So it does create some difficulties. I hope it's not lost on you, but at the same time what you're saying is, at the end of 180 days, you are, in effect, determining here to let the agreement lapse but allow me to solicit for an opening that is going to occur. And at the end of 180 days, we'll see how that works out. And it has ramifications I just, you know, let you know. CHAIRMAN COLETTA: Okay. COMMISSIONER HALAS: But Mr. Weigel, it also gives you an opportunity maybe to move on to bigger and brighter things also in the world. You never know where it could lead. So I wouldn't take this as strictly being that you're left out in the cold. I think with your background and stuff that you have a lot to offer other -- other law firms. So I don't think you have a problem. And as we said, you could still be in the running. That's up -- that's a choice that you have to make whether you want to stay here within the county and take your chances on 180 days or whether you want to go out in the private sector and see what's available, okay. MR. WEIGEL: Thank you for the opportunity. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Y eah. Well, let's just call it for what it is. You know, you want to can the county attorney. There's no question about it. And by going out for seeking other applicants, I mean, that's -- that's just it. So I'm not going to support the motion. I see what this is all about. The county attorney serves the Board of Commissioners, not the citizens of Collier County. He serves the county commissioners collectively and advises us individually. And I think Mr. Weigel has done that for a very long time. Has a lot of institutional knowledge of Collier County, one of the most Page 37 May 22-23, 2007 senior employees of the county, and has done a very good job, and I'm not going to vote for the motion. Now, certain commissioners, because they did not vote for the motion to extend his contract for a four-year term, then if this motion fails, I'm going to make a subsequent motion so we can move on. This is very uncomfortable for the county attorney, David Weigel, and we need to move on. CHAIRMAN COLETTA: You're right on just about everything you said. It's a very uncomfortable thing not only for the county attorney; it's a very uncomfortable thing for the commissioners that are sitting up here, and we're trying to handle it with all the decorum that we possibly can muster. I would like to agree with you on the motion. I'm just trying to -- I'd like to know what you substitute (sic) motion would be before I commit one way or the other. COMMISSIONER HENNING: Well, what I hear from some of my colleagues, they had a problem with a four-year contract, so to split the baby of a two-year extension. CHAIRMAN COLETTA: I offered that as a suggestion earlier, but I understand what you're trying to do. And I think very highly of Mr. Weigel also. But be that as it may, I don't -- I was hoping you might have some other idea for a motion. But in any case, unless the motion makers want to go change the motion -- COMMISSIONER HALAS: (Shakes head.) CHAIRMAN COLETTA: Okay. We still-- we have a motion on the floor, we have a second. We have a motion by Commissioner Coyle, a second by Commissioner Halas; am I correct? COMMISSIONER HALAS: No, the other way around. CHAIRMAN COLETTA: Commissioner Halas made the motion. Commissioner Coyle seconded it. No further discussion? (No response.) Page 38 May 22-23, 2007 CHAIRMAN COLETTA: Seeing none, all those in favor of the motion, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Aye. So the motion passed 3-2. Item #lOI THE INTERLOCAL AGREEMENTS BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES, CITY OF MARCO, EAST NAPLES, AND NORTH NAPLES FIRE DEPARTMENTS FOR AN ADVANCED LIFE SUPPORT ENGINE PARTNERSHIP PROGRAM - APPROVED MR. MUDD: Commissioner, you have a time certain item at nine a.m. this morning. It's item lOr. It's a recommendation to approve the interlocal agreements between Collier County and the City of Naples, City of Marco Island, East Naples and North Naples Fire Departments for an advanced life support engine partnership program. And I believe Jeff Page and Dr. Robert Tober will present. MR. PAGE: Good morning, Commissioners. For the record, Jeff Page with Emergency Medical Services. This agreement that we -- or this set of agreements that we've brought before you have been reviewed by the medical director, the EMS Advisory Council, and the chiefs have tentatively agreed to it. It has not been before their respective fire boards. The request was that it come before you. And at the point that you sign off, it will then go Page 39 May 22-23, 2007 to the fire districts. Any questions on -- COMMISSIONER HENNING: No. CHAIRMAN COLETTA: I'm sorry, sir. Questions, Commissioner Coyle? COMMISSIONER COYLE: Yeah. I want to follow up on a question I've already asked you. As you know, I am still very concerned about maintaining the acceptable level of proficiency for advanced life support for those people predominantly in the fire districts who do not get the opportunity to treat the wide range and/or frequency of situations that are necessary to maintain the top level of proficiency. I know that we are going to exchange people, and fire district people are going to work with our EMS personnel and vice versa. How do you rotate the fire district personnel through that process sufficiently that they get the necessary concurrent training to be at the top of their game all the time? MR. PAGE: I would -- there are a few districts that do a very good job for seeing that all of their paramedics rotate onto that swap engine so they do have time in the back. COMMISSIONER COYLE: Well, tell me which ones those are so if I have a heart attack, I can stay out of that area. The ones that are not doing it. MR. PAGE: The ones that are -- COMMISSIONER COYLE: I'm just kidding with you, okay. Well, you understand the problem. MR. PAGE: Yes. COMMISSIONER COYLE: There are some outstanding people in the fire districts. The point is, even pilots must go through concurrency training every single year to make sure they maintain their proficiency, even if they're flying regularly. So this is a very, very technical skill, as everybody knows, and I am concerned that we make sure that Dr. Tober has the authority and Page 40 May 22-23, 2007 the right to determine if people are, in fact, maintaining the necessary skill levels so that people will get the best possible care. MR. PAGE: I'm going to take this opportunity to phone a friend. DR. TOBER: Good morning, everybody. Commissioner Coyle, your questions are well taken, and we have struggled and continue to struggle with this issue. I actually made two copies. I didn't want to kill too many trees, but you might pass those up. This is the current issue of the New England Journal of Medicine further confounding the issues of ALS and BLS and issuing what the definitions really mean and where practice meets reality. This came from an incentive study done in Ontario where no one's ever really known for sure the enormous expense that we put out for ALS, what impact it has on lives saved. And the crux of this article is that ALS had a finite statically significant impact on lives saved. The people providing that ALS were highly trained Ontario paramedics with a 12-week preceptorship, not unlike our internship that we do for our own Collier County EMS paramedics, but -- and those copies are for you to keep if you want to make additional copies for all the members. But the final summary paragraph there scratched their head and said, well, we're really not sure if it was the advanced basic life support that really made the difference or the very occasional intervention on the part of a paramedic in further stabilization of the airway or intravenous drugs. In our own system, if we look at our phenomenal success rate in cardiac arrests, with this last quarter 55 percent of our ventricular fibrillations left the hospital alive and in good shape. There are no statistics like that reported anywhere on earth. All of that came from heroic BLS efforts of police, fire, and ALS. Almost none of those required engagement of ALS skills in order to Page 41 May 22-23,2007 save those people's lives. I say almost none because on a couple of cases you're never really sure where the transition occurred between near death and coming back to life in some of these cases, but the vast majority of them were basic life support. And ifthere's anything I'm chagrinned about, it's the fact that basic life support has the word basic and advanced life support has the word advanced, because really it's a continuum of anywhere from one to 20 critical interventions, and starting at intervention 10 does no good unless you've done interventions one through nine first. So first and foremost, the provision of expert BLS care is paramount. Secondly, our own experience with our ALS engine paramedics that we loaned the fire departments has been that if we leave them on an ALS engine too long, and in some cases we had to do this when we were in positions of personnel shortage, we had to reel them back and put them on a transport ambulance for quite a while to reacquaint them. And in our current system, we have a minimum number of ALS engine paramedics who are also experienced paramedics from Collier County EMS going over to the fire departments. He is still spending a minimum of 40 24-hour shifts a year on a transport ambulance. That's the minimum that we are allowing at this time. In the past I have asked for the fire department who wished to participant in the ALS engine program to put their paramedics at a minimum on an ambulance for one 24-hour shift every three months. That's only four shifts a year or one -- or one-tenth what I ask of our most experienced paramedics who we loan to the engine companies. And although at one point in time I insisted upon that as a prerequisite, I got battered pretty hard that that was just not feasible and that it had too much negative impact on the fire departments. And I could tell you -- and I've shared this with some of you personally -- this has been a day-to-day wrestling match as to how much rope I extend in terms of clinical liberties to a group of people Page 42 May 22-23, 2007 who only occasionally use them. In a -- in a review of some 3,600 calls done at North Naples since October, we found, perhaps one percent of those calls -- perhaps one percent of those calls -- had an on-scene time of a fire engine long enough to play some meaningful role in that patient's outcome. And you, yourself, have expressed the concern to me that you don't want to leave one life uncovered out there if it could possibly be helped by an engine company waiting for EMS to get there. And since there is about a 1 percent incidence of the possibility that they could be on scene for 10 minutes or more before we get there, and given the realities that they don't get to practice what we are about to extend to them to any great length of time, I still think it's reasonable, if it was logistically possible, to put them on an intensively busy transport ambulance once every quarter or four shifts a year to get a fairly intensive preceptorship pounding with one of our own transport paramedics simply because I think that ensures some clinical currency that they may not get otherwise. Again, this is not an issue of calling one person better or less than somebody else. This is an issue of how often you are the safety net, not waiting for the safety net to arrive, but the safety net of clinical practice and who is overseeing that practice and what is being done. So I think in these interlocal agreements, the board needs to give careful consideration at least to two issues. I think there should be not a suggestion or a desire but a mandate that we have a certain amount of clinical exposure rotated through these medics who are on the -- that belong to the fire departments. Number two, we need to be careful as we march onto this about-to-be-printed new protocol that would encompass these ALS agreements and interlocal agreements, that we understand that as we move forward, any additional equipment or medical pertinent purchases by fire departments would have to be approved by the current medical director of Collier County EMS in conjunction with Page 43 May 22-23,2007 my own training department and thinking through these things. It's very, very difficult. I've -- at three in the morning I've had nights where I thought that we should just convert the system outside of EMS to a highly advanced, highly capable BLS system, and there are times -- because I can't guarantee it -- that perhaps, perhaps, an intervention over and above the first nine or 10 critical interventions might make a difference. And so what I propose to do is to do 100 percent chart review of every single ALS intervention by the fire departments. And certainly at the places that we have ALS engine agreements functioning now, I have highly capable EMS training people, many of whom came from Collier County EMS. So I think with 100 percent review and remediation, that we can cautiously move forward. But I would like to ask the board to consider some sort of clinical mandate on a rotating basis for our fire department medics. And additionally, the mandate that any equipment purchases or things of that nature come before the acting medical director and the EMS training departments so that we can think through the ramifications of any additional piece of equipment. Because it's a -- it's not just a handful of people that are going to be exposed to that, but the rotation of our own medics through different departments could lead to anybody being exposed to a piece of equipment that they're not familiar with. So if anything else is purchased, I really have to in-service everyone to a level of competency. COMMISSIONER COYLE: Dr. Tober, just one final question. This rotation protocol and the equipment review, can that be done separately from the agreements that we're currently being asked to approve, or do you feel that those protocols must be embedded in that -- in these particular agreements? In other words, can we approve these agreements and then Page 44 May 22-23, 2007 endorse a protocol, which you would provide to us at a later date, concerning concurrency of treatment and approval of drugs and/or equipment? DR. TOBER: You're probably better able to answer that than me given the politics and head scratching that's gone into these existing protocols. I would say that if I had my druthers, I'd build them into the interlocal agreements as they are, but perhaps you have an additional comment. MS. BELPEDIO: Good morning. Jennifer Belpedio, Assistant County Attorney. Certainly the medical director, under chapter 401, has very broad authority to supervise and assume direct responsibility for the medical performance of the EMTs. And with that authority certainly comes the ability to do what Dr. Tober had just been speaking about. But what that said, it certainly does not hurt to include a provision into the agreement and certainly our office would be happy to do so in each of the four that are being considered by the BCC this mornmg. COMMISSIONER COYLE: But there -- let's be fair. There is another side to this argument, and we haven't heard from the fire districts on this. So I'm very reluctant to change this on the fly. At the very least, I mean, from my standpoint, what I would be willing to do is to say, go back and talk with the fire districts and see what kinds of problems or ramifications it might create if we do it that way and how long it might delay the interlocal agreements, and then you could bring them back, and then we could get all approved hopefully. That would be the proper way to do it. But if -- I don't know how the board's going to vote on that issue. I suspect most people want to move ahead with this thing as quickly as possible, but -- CHAIRMAN COLETTA: Speaking of moving ahead, let's go to Commissioner Henning. Page 45 May 22-23,2007 COMMISSIONER HENNING: Yeah. Dr. Tober, thank you for working on these agreements. Do you feel these agreements that work through with your corporation is an enhanced service to the people within that service area? DR. TOBER: I hope that it's going to be an enhanced service. We're doing a lot of things for the first time. We're starting to get a large inflow of run reports now from fire department, ALS and BLS engagements, and we only have just begun to look at these. Of course, this has our own budgetary impact because I'm going to start getting so many more charts to review on a weekly basis that I am going to need a minimum of two more people in my training department to oversee this, because reading the charts is an exhausting, very time-consuming job. And the only way to do 100 percent review, which we feel we need to do right now, is to read each and every chart. And some of them are fast and some of them are long. Yes, I generally think the agreement is going in the right direction. It's such uncharted water that only from the vantage point of hindsight will I have the comfort level that I think you want me to express to you today that things are exactly as they should be. It was only in the last week or two -- and certainly after reading this article about the ALS experiences in Ontario where each and every one of those ALS engine -- I'm sorry, ALS paramedics did go through an intensive 12-week preceptorship which has on and offbeen alleged to be something unnecessary to do here. But in our own system for almost 30 years, those preceptorships went anywhere from six months to 12 months. So I think 12 weeks is a minimum. Only a few of the medics in the fire departments have gone through those preceptorships. Almost all of them are transplants from Collier County EMS. So given the -- given the realities of the unknown, I'm as comfortable as I can be with the agreements, but I do think some Page 46 May 22-23, 2007 additional consideration should be given to clinical currency. COMMISSIONER HENNING: Yes. And I agree with that, but the only problem with that -- see, it's not our budget. It's their budget, and I think they -- we should not dictate what they do with their budget. And -- but I have faith that you'll-- you and Jeff Page will continue to work with the independent fire districts. Thank you. CHAIRMAN COLETTA: Okay. Commissioner Coyle? COMMISSIONER COYLE: Let me ask a question. Don't we pay for this equipment? Doesn't Collier County? DR. TOBER: We -- that's another issue that has been on the table. Sometimes the fire departments pay for it, but we pay for the reloads of the expendables that go with that equipment. Then the expendables can, over a period of time, exceed the cost of the equipment by many multiples. MR. PAGE: Commissioner, what we do initially is we provide the initial equipment to put on the engines. They are responsible for the expendables after that point. The engine that has our paramedic onboard, we cover those expendables because we can kind of control our paramedic. So that's in this agreement that they'll be responsible for their own expendables, excluding ours. COMMISSIONER COYLE: Thank you. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. Dr. Tober, with these new criteria that you're presenting today, was this something that you have introduced or something that's been worked out amongst others? DR. TOBER: No, no. We have discussed this for some time with the fire departments, and we actually started some time ago with a mandate that this had to be done, and then because of a host of scheduling issues and manpower issues and the like, some of the fire departments took serious issue with this and said they just couldn't do it. Again, it's a complicated problem. There are -- there are Page 47 May 22-23,2007 instances where people come over to EMS for the day and really don't want to be there. One of the spinoff benefits of having people spend a full 24-hour shift with a transport ambulance every three months is anybody that's going to do that is serious about providing medical care and not either doing it because it helps their pay structure or it helps the politics of what you're confounding this whole issue, in addition to medical care. This is not a simple, clean issue of just medical care. COMMISSIONER FIALA: Well, let me go back and say, was it -- was it you that introduced this idea -- DR. TOBER: Yes. COMMISSIONER FIALA: -- of the expanded so that you need two extra people on to read these charts? And would those two extra people reading charts besides yourself also have to be doctors? DR. TOBER: Oh, no, no. Those are -- the people who do our chart reading now are trained paramedics. But we have training paramedics who review either random samplings or 100 percent review of anyone particular person. We do 100 percent review of new medic charts to make sure that they're moving in the right direction. And we don't do this from a punitive standpoint. We do this from a remediation standpoint so that we can get people back on track if they're veering off from where we want them to be providing care. No, it's -- I have said for some time that as we accept a broader and broader responsibility of the fire departments and the oversight, that we need a bigger overseeing department. It's just -- we're talking about thousands and thousands of additional medical records being created by fire departments. CHAIRMAN COLETTA: We have a speaker? MS. FILSON: Actually I have two speakers, Mr. Chairman. James Cunningham. He'll be followed by Andrea Schultz. MR. CUNNINGHAM: Good morning, Commissioners. For the record, James Cunningham, President of North Naples Professional Page 48 May 22-23,2007 Firefighters. On behalf of the firefighters, we -- we're willing to meet almost any challenge to provide obviously the highest possible level of ALS services and medical services to our residents, which is why I would ask that each you commissioners support the interlocal agreement that's before you. However, it's important to reiterate what I have mentioned to many of you commissioners in the past, that there is a point that the interlocal agreement is only a Band-Aid to the true underlying problem, as many of which have come forward to you today. It reinforces the power struggle and turf guarding that does not benefit patient care. Taking highly trained paramedics off of ambulances to place them in fire engines, they may already have a paramedic assigned to them, and then replacing with a swap with an EMT or potentially a paramedic reduces the level of service being provided on your transport units. Not only does this sound irresponsible, but the fiscal impacts to the county taxpayers are significant. In closing, I'd ask that you support the agreement recommended before you so that the residents continue to have ALS engines provide essential medical services, but also, furthermore, commit to exploring other options to enhance the delivery of medical services so we can simultaneously reduce expenditures by eliminating duplication. And, Commissioner Coyle, you bring a very valid concern which is why, completely separate from this issue, I would hope that in the future we address the office of the medical director concept so that the provisions within all of the interlocal agreements or within all the independent fire districts can have one common medical ground that alleviates the politicalness and puts patient care on the forefront, which is what I believe Dr. Tober supports. So if we look at the office of the medical director, I think you'll find that the fire districts will be much easier to work with the Page 49 May 22-23, 2007 confines of what is out there, because we want to commit to Dr. Tober and his requests. The problem is, there's so many political agendas that get thrown in the mix, which is why we'll ask at a later date to accept -- or to look at that as another option. But thank you for your time. CHAIRMAN COLETTA: Thank you. MS. FILSON: The next speaker is Andrea Schultz. MS. SCHULTZ: Good morning. Andrea Schultz, East Naples Fire Department. I wasn't planning on speaking. I just had two points of interest that came up during Dr. Tober's conversations this morning. The first one being in the interlocal agreements, specifically in the operational plan on section 5A, if you refer to that under quality assurance, it does specifically outline the fact that the fire department personnel or the fire departments have taken on the responsibility to assist with the medical director and Collier County EMS with the quality assurance process. And we, internally as well, will help with that 100 percent quality assurance review. Secondly, the concept of mandating this internship where our firefighter/paramedics or firefighter/EMTs go and ride on the transport vehicle is fantastic in theory. The only concern that our department specifically would have would be that we ensure that there is a quality learning environment should this be mandated. In the sense that we want to make sure that the paramedic that is on the transport vehicle from Collier County EMS is an experienced provider, is comfortable and capable with their own para medicine, that they've been around the block, so to speak, for a duration of time so that they can take on the added responsibility of training our own paramedics and EMTs. Unfortunately, we haven't necessarily had that instance with our swap program right now with Medic 22. We typically have newly certified or Tober certified paramedics working on that unit and, therefore, the learning environment may not be as ideal as it could be if we have, for instance, a field training officer that was a designated Page 50 May 22-23,2007 field training officer from the medical director. Those are our only concerns. Thank you. CHAIRMAN COLETTA: Thank you. Commissioner Henning? MS. FILSON: That was your final speaker. CHAIRMAN COLETTA: I'm sorry. You got another one? MS. FILSON: That was your final speaker, Mr. Chairman. CHAIRMAN COLETTA: Thank you. Commissioner Henning? COMMISSIONER HENNING: Mr. Chairman, I'm going to make a motion to approve the agreements, and also my motion is give direction to our staff to explore other options to reduce the cost to the taxpayers and also explore the opportunities that Dr. Tober his brought forward, too. COMMISSIONER FIALA: I'll second that motion. DR. TOBER: I wanted to comment particularly on Andrea Schultz's comments. I totally endorse the concept that these swap experiences be highly meaningful and that the medic from the fire departments spending a day or 24-hour shift with us is exposed to the highest level of medical paramedics that we have. Unfortunately, for a time, we have been in a scramble trying to reassemble our own ranks because we lost a lot of medics out of our system prior to this new contract. Some of them were dispersed to other fire departments in this community, others left the community, and as such, I lost some of my FTOs and some of my FTOs lost the -- FTO stands for field training officer. I lost some of my FTOs just to exhaustion and burnout. I have said for years that the most important people in my organization are my FTOs, which take a new paramedic and move them into an experience level. And I'm saying this publicly, once again, that my field training officers and my training staff are the crux and core of medical competency within our system, and those positions need to be sufficiently rewarding or people will not stay in Page 51 May 22-23,2007 them. Being an FTO out in the field with a new paramedic is a particularly exhausting and challenging issue, and most of the FTOs, if not all of them that we currently have, have had to be diverted to training new, very new, and very green rooky paramedics. And until we build those ranks of experience back up, it's been hard to share them with these training swap experiences, which is my sincere intention to do. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Could we add to the motion guidance to the medical director to provide us with the appropriate protocols to assure concurrency for all fire department personnel? All qualified fire department personnel and approval of the purchase of certain equipment and/or drugs. COMMISSIONER HENNING: Okay. Are you talking about response time? COMMISSIONER COYLE: No, no. COMMISSIONER HENNING: Okay. I don't understand. COMMISSIONER COYLE: Here's the situation. The fire department's not qualified to transport. They can provide advanced life support, but they're not qualified to transport. They have no exposure then to the treatment which is necessary during those transports, the advanced life support. The other times they do not get as many cases of the various episodes that you're likely to run into as our EMS people do. So in order to expose them to the full range of treatment that is necessary on a concurrent basis to make sure that they are fully proficient at all times, we have to find a way to rotate them into our EMS operations so they get that full range of experience. Am I being accurate so far, Dr. Tober? DR. TOBER: Dead on. COMMISSIONER COYLE: Okay. So I'm just suggesting that, Page 52 May 22-23, 2007 look, if you've got a -- and this is a terrible analogy, but if you've got a pitch hitter, you want to make sure he does batting practice every day, because when you need him, you're going to need him really badly. So although he doesn't maybe get into the game except in certain circumstances, he's got to be at the top of his game whenever he goes m. COMMISSIONER HENNING: Okay. Well, I understand now. But I do want to say that we hold their certificate of needs for transport, so they have the ability. Remember a lot of these EMTs-- they are paramedics providing ALS service --was trained by Dr. Tober. DR. TOBER: Some of them. COMMISSIONER HENNING: Some of them, right, exactly. But I would include in my motion for the -- for our staff, our staff, to talk to the independent fire districts to include those swaps. Okay. COMMISSIONER FIALA: And that will be in my second. COMMISSIONER COYLE: Okay. CHAIRMAN COLETTA: Okay. Is there any other discussion? (No response.) CHAIRMAN COLETTA: Hearing none, all those in favor of the motion, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it unanimously. Mr. Mudd, we have our legislative delegation. They're going to start the meeting at 10 o'clock. I'd like to be able to plan a break at 9:45. So we have a few minutes. Do you think we might be able to Page 53 May 22-23, 2007 take on one more item before we go on break? MR. MUDD: Yes, sir, maybe two. Item #9F TO AUTHORIZE REIMBURSEMENT OF REASONABLE LEGAL FEES AND COSTS FOR COMMISSIONER HENNING - APPROVED (COMMISSIONER HENNING ABSTAINED) Next item is 9F. Commissioner Henning requesting the Board of County Commissioners to approve and authorize reimbursement of reasonable legal fees and costs. COMMISSIONER COYLE: Motion to approve. CHAIRMAN COLETTA: Motion to approve. Okay. Motion to approve by Commissioner Coyle, second by Commissioner Coletta. Any other discussion? COMMISSIONER HENNING: Mr. Chairman? CHAIRMAN COLETTA: Yes, sir. Go ahead, Mr. Henning. COMMISSIONER HENNING: I do want to point out one thing. Mr. Pettit contacted the ethics commission, and they have a ruling in this situation where I can participate in the vote, so I don't want to think there would be another ethics commission complaint for me to participate in this. The second thing I want to point out, a correspondence to the Board of Commissioners. And basically, it says from this now former employee who filed the ethics complaint to supervisor of code enforcement, David Scribner, this note is to serve you a formal notice that the intent of the county employee to communicate with the State Attorney's Office in their recent pertinent case of code enforcement case blah-blah-blah, Tuffs versus the county. As you know, I have full support and consent from the county manager's agents -- agency in my immediate chain of command for a Page 54 May 22-23,2007 formal meeting to be held in the future with the State's Attorney's Office. At this time I have not contacted FDLE, the state's ethic's commission, but it remains a viable option. I just want to say that I was collecting information which the Board of Commissioners approved through an ordinance called the affirmative defense to where the public may, on old-prude violations, can provide that residency through certification as a safe residence. And I will continue to serve the residents of Collier County, including District 3, and I will not stand for any employee to get in my way again, okay? Fair and simple. CHAIRMAN COLETTA: Okay. We have a motion by Commissioner Coyle, a second by Commissioner Coletta for approval. Any other comments? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor -- Mr. Weigel. MR. WEIGEL: Thank you. I just wanted to indicate the executive summary provides for the county attorney to review and approve as appropriate the legal fees and expenses, and I have had the opportunity to review those legal fees and expenses, and they are, in fact, reasonable and appropriate. They are under the $7,000. And with your approval, I will also process these in the sense of providing my signature of approval to send them to the appropriate offices for reimbursement. CHAIRMAN COLETTA: Is that included in your motion, Commissioner Coyle? COMMISSIONER HENNING: Part of the executive summary. COMMISSIONER COYLE: Yes, sir. CHAIRMAN COLETTA: And my second also. Any other comment? (No response.) Page 55 May 22-23,2007 CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMANCOLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it unanimously. You got something extremely short, Mr. Mudd, or should we give these people a few more minutes to recuperate? COMMISSIONER HALAS: Yes. CHAIRMAN COLETTA: Okay. We'll go on break now and reconvene here at 10 o'clock for the legislative session. (A luncheon recess was had.) MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, Commissioners, you have a hot mike. Commissioner, if! may, I know we start with our advertised public hearings at one o'clock normally on our budget -- or on our agenda; however, we had two items added. One was a shade session at 12 noon, and there was an item -- another item, 12C, and if it's the board's wish, we can finish that particular matter while it's still on the board's mind. CHAIRMAN COLETTA: Let's go ahead and do it. Item #12B NOTICE OF CLOSED ATTORNEY-CLIENT SESSION. SETTLEMENT NEGOTIATIONS AND STRATEGY RELATING TO LITIGATION EXPENDITURES IN THE PENDING LITIGATION CASE OF WILLIAM LIT SINGER V. COLLIER Page 56 May 22-23,2007 COUNTY, FLORIDA AND FRED COYLE, INDIVIDUALLY, CASE NO. 06-432-CA, NOW PENDING IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY - CLOSED SESSION Item #12C TO PROVIDE ACTION/DIRECTION TO THE OFFICE OF THE COUNTY ATTORNEY AS TO ANY SETTLEMENT NEGOTIATIONS AND STRATEGY RELATING TO LITIGATION EXPENDITURES IN WILLIAM LIT SINGER V. COLLIER COUNTY, FLORIDA AND FRED COYLE, INDIVIDUALLY, CASE NO. 06-432-CA, NOW PENDING IN THE TWENTIETH JUDICIAL CIRCUIT AND IN AND OF COLLIER COUNTY, FLORIDA - APPROVED W/STIPULATIONS OF A SETTLEMENT OFFER OF $290,000 MR. MUDD: 12C is the Board of County Commissioners to provide action/direction to the Office of the County Attorney as to any settlement negotiations and strategy relating to litigation expenditures in William Litsinger versus Collier County, Florida, and Fred Coyle, individually, case number 06-432-CA now pending the 20th Judicial Circuit in and for Collier County, Florida. CHAIRMAN COLETTA: Fine. Who's taking the lead on this? COMMISSIONER HENNING: I will -- CHAIRMAN COLETTA: Commissioner Henning. COMMISSIONER HENNING: -- after we hear from our attorney. MR. WEIGEL: Thank you, Chairman, Commissioners. As indicated, this is item 12C added to the agenda subsequent-- and to be heard subsequent to the closed session that we just had. The case of William Litsinger versus Collier County and Fred Coyle, Page 57 May 22-23, 2007 individually. And we have before you a proposed settlement agreement in this lawsuit, and the settlement agreement, very briefly, provides for, in fact, a payment of $290,000 to the plaintiff. This is for the termination of the lawsuit but it also includes not merely the lawsuit and counts against the county and Mr. Coyle, it would also -- would eliminate an external complaint that was filed by Mr. Litsinger with the EEOC, the Equal Employment Opportunities Commission, on an unrelated matter but it is related to his employment. We have indicated to you, and tell you now, that the settlement agreement provides for the absolute waiver and termination of all claims and issues related to the employment of Mr. Litsinger, and approval of the board of the settlement agreement would, today, would also result in the resignation ofMr. Litsinger effective today. We also know that there is an insurance component that will assist, to some degree, relative to partial reimbursement of the county for the payment that it would make under the settlement if approved. Mr. Pettit will also indicate to you some language that may be required relative to a budget amendment and he will also discuss a clarification in regard to the attorney fees and costs. COMMISSIONER HALAS: You need a second on that motion? MR. WEIGEL: No, we're not ready for a motion. CHAIRMAN COLETTA: Nice try. MR. PETTIT: For the record, Mike Pettit, chief assistant county attorney. Commissioners, if there is a motion to go forward on the settlement and the settlement is approved, my understanding is we will need a budget amendment as part of that motion to reimburse our property and casualty fund -- or reimburse property and casualty fund from the general fund in an amount of up to $275,000, but we anticipate it will be substantially less because of insurance proceeds that will also contribute to this settlement. Page 58 May 22-23, 2007 And in addition, we would clarify for the record that an approval of this settlement will also be an approval by the board of all attorney's fees expended on behalf of both the county -- attorney's fees and costs, I should say -- and Commissioner Coyle, individually in his defense of this lawsuit. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Okay. Thank you. Mr. Chairman, make a motion that we approve the settlement as outlined by our legal staff, and which I will capture in my motion, but also that we agree with Mr. Litsinger that there was no maliceness in Commissioner Coyle's action as a public servant, that -- in my motion, that we -- the Board of Commissioners accept the settlement agreement of290,000 and all actions will go away as part of this settlement. Also direct the County Attorney's Office to do a budget amendment up to $275,000 and pay all legal defenses in the case against the county and Commissioner Coyle. COMMISSIONER FIALA: I second the motion. CHAIRMAN COLETTA: We have a motion by Commissioner Henning, a second by Commissioner Fiala. Did we omit anything from that motion that was needed to complete the objective we're trying to obtain? MR. WEIGEL: Well, we're -- the budget amendment will relate to the general fund reserves. And Mr. Coyle may make a statement on the record in regard to his participation or non-participation in the vote that's coming at this point in time. CHAIRMAN COLETTA: Okay. That's included-- MR. WEIGEL: Mr. Coyle? CHAIRMAN COLETTA: -- in your motion COMMISSIONER COYLE: I'm going to be abstaining. CHAIRMAN COLETTA: I can barely hear you, Mr. Weigel. COMMISSIONER COYLE: I'm going to be abstaining. Page 59 May 22-23, 2007 MR. WEIGEL: Okay, fine. Thank you. CHAIRMAN COLETTA: So we're all set. Any other comments, questions? (No response.) CHAIRMAN COLETTA: Seeing none, 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.) CHAIRMAN COLETTA: The ayes have it 4-0 with Commissioner Coyle abstaining. MR. WEIGEL: Thank you very much. CHAIRMAN COLETTA: Thank you. MR. MUDD: Commissioner, this brings us to agenda item-- CHAIRMAN COLETTA: One second. COMMISSIONER FIALA: I just hate to bother you, but just for one brief moment. We were giving our ex parte this morning, and about the same time we were giving our ex parte I received something on one of the -- I think it was on the summary agenda. I can't even tell you the number, but I've got it sitting in front of me. It's for Silver Lakes. So I just wanted to make mention that I received something from Jim Bach regarding Silver Lakes. I just wanted to make sure that we're all legal here. Thank you. CHAIRMAN COLETTA: Thank you. Mr. Mudd? MR. MUDD: Is that Silver Strand, ma'am, about a concrete plant? COMMISSIONER FIALA: Oh, no. This is Silver Lakes. Oh, there is no Silver Lakes. We must have our silvers mixed up, okay. Thank you. Page 60 May 22-23, 2007 MR. MUDD: There's a Silver Strand and that's 17B, and that item is continued until June 12th. It had to do with a concrete plant or the workings thereof, and that's that particular item. COMMISSIONER FIALA: Okay. Wrong silver. Sorry. Thank you. CHAIRMAN COLETTA: No. Thank you. What's the next item, Mr. Mudd? Item #8A ORDINANCE 2007-45: AN ORDINANCE REQUESTING AUTHORIZATION FOR ARTESIA NAPLES COMMUNITY DEVELOPMENT DISTRICT BOARD OF SUPERVISORS TO EXERCISE CERTAIN ADDITIONAL POWERS FOR PERSONS AND PROPERTY RESIDING IN THE ARTESIA NAPLES COMMUNITY DEVELOPMENT DISTRICT (CDD) - ADOPTED MR. MUDD: The next item's 8A, sir. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's an ordinance requesting authorization for Artesia Naples Community Development District, board of supervise -- board of supervisors, to exercise certain additional powers for persons and property residing in the Artesia Naples Community Development District. MS. KENDALL: Yes. Good afternoon, Mr. Chairman, County Commissioners. For the record, Marcia Kendall, Comprehensive Planning Department. COMMISSIONER HALAS: We've got to swear them in. MS. KENDALL: The Artesia Naples Community Development District was approved -- MR. MUDD: Wait a minute. We've got to do ex parte. Page 61 May 22-23, 2007 CHAIRMAN COLETTA: We have to swear everyone in first. Everyone wishing to participate on this agenda item, please stand at this time to be sworn in by the court reporter. (The speakers were duly sworn.) CHAIRMAN COLETTA: Fine. Now, ex parte -- COMMISSIONER HENNING: Mr. Chairman, if Ms. Kendall's going to participate in this, I would imagine she's going to have to be sworn m. CHAIRMAN COLETTA: Okay. Would you please swear in the person at the podium. (The speaker was duly sworn.) CHAIRMAN COLETTA: Thank you. Okay. For ex parte disclosure, we'll start with Commissioner Henning. COMMISSIONER HENNING: Thank you. Was asked for a meeting by Mr. Y ovanovich and declined. Actually I think these are really, really old. CDD, a memo from Jim Mudd to the Board of Commissioners, and that's it. And that's it. CHAIRMAN COLETTA: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. I met with -- I met with the petitioner and his representatives. Let's see. Greg Urbancic and David Caldwell, and I've spoken to staff. CHAIRMAN COLETTA: Okay. And I myself, I've had meetings, met with Garret Subanic (sic), David Caldwell and Paul Erik -- Ehrhardt and received emails and phone calls. Commissioner Halas? COMMISSIONER HALAS: Yes. Thank you very much. I've had meetings both with the petitioner at one time, and I've also met with staff on this, and I've had a number of emails. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: I have met with Mr. Y ovanovich, Mr. Urbancic and David Caldwell, and those are the only meetings I have had concerning this item. Page 62 May 22-23, 2007 CHAIRMAN COLETTA: Please continue. MS. KENDALL: Okay, thank you. Again, for the record, Marcia Kendall, Comprehensive Planning Department. The Artesia Naples Community Development District was approved by ordinance 2006-33 on June 20th of 2006. Under section six of the ordinance it notes the consent to exercise additional powers. The Artesia Naples CDD's board of supervisors have requested the right to seek consent from the Collier Board of County Commissioners for a grant of authority to exercise those additional powers in accordance with section 190.012.2.D, Florida Statutes, and per their resolution, 20074, are seeking approval to exercise those powers relating to the public improvements and community facilities. And unless you have questions for myself or the county attorney, we will be happy to address them; otherwise, I would turn the floor over to Greg Urbancic to answer any of your questions. CHAIRMAN COLETTA: I don't see any lights. Whoa, I take it back. COMMISSIONER HALAS: Oh, okay. CHAIRMAN COLETTA: You want to wait? COMMISSIONER HALAS: Yep. CHAIRMAN COLETTA: Yes. Please go on with the presentation. MR. URBANCIC: Thank you, Mr. Chairman, Commissioners. Greg Urbancic from Goodlette, Coleman, & Johnson. I'm the District Counsel for the Artesia Naples Community Development District. I'm also joined by David Caldwell from WCI Communities, the developer of Artesia Naples. As Ms. Kendall just pointed out, this CDD was approved by you last June. We're coming back to you for a request for special powers. The reason we're making that request is just to -- the prevailing interpretation of the statute says that you can't do it all at once. You actually have to come back in once you have the board constituted, Page 63 May 22-23,2007 and then make the request for special powers. It's been changed under a bill that's pending signature by the governor. But be that as it may, for this district, this is how we had to operate. Just one comment with respect to district. As you might recall when you passed the ordinance, we are required under the ordinance to elect one resident of the district to the five-member board at the time residents begin occupying the district, so that's already in our charter that you gave us back in June of '06. Just started closings last week so, you know, shortly there will be some people starting to move in Artesia. And if you've ever been back there, they're starting to turn dirt and structures are going up. So our request is for special powers, just the security power which would allow us to establish, permit, or fence and a guardhouse and give future residents the right to, you know, contract for future special services from the sheriff if they so desired that level of service for the community. But at this time, I'm open to any questions. That's the scope of our request. CHAIRMAN COLETTA: We'll start with Commissioner Henning, then go to Commissioner Halas. COMMISSIONER HENNING: This is to build public infrastructure? MR. URBANCIC: This will-- yeah, yeah, that's correct. COMMISSIONER HENNING: Okay. How does the wall serve the public? MR. URBANCIC: Well, it provides a security function at least for the residents within that community. COMMISSIONER HENNING: How does the gate serve the public? MR. URBANCIC: The gate itself? COMMISSIONER HENNING: Same thing? Page 64 May 22-23,2007 MR. URBANCIC: Yeah, generally. I mean, it's sort of the same concept as if you had a homeowners association. They put a perimeter buffer around their community. This would allow the district to actually operate those facilities. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: My concern is, what's going to be the financial impact that's going to be placed upon the future residents if we give you additional powers? MR. URBANCIC: The financial impact will be, as in any traditional CDD, if we build the infrastructure, we would finance that infrastructure through the issuance of bonds and there would be, you know, a certain portion of debt service that would be applied to the property . We're required to make all sorts of disclosures, not only in our contracts, but also in notices that are filed of record, and those notices have been filed in accordance with an ordinance that you passed last year. COMMISSIONER HALAS: Okay. The ordinance that we passed last year, you're coming back for additional powers. MR. URBANCIC: Correct. COMMISSIONER HALAS: What's going to be the financial increase over what you've -- what we've allotted you at this point in time to what is going to be impacted with those residents if we decide to give you this additional power? MR. URBANCIC: There's not going to be any additional impact. We already, when we provided our statement, statement of estimated regulatory costs at the time we formed the district, all these components were put in there. We just didn't know if we were going to get those powers at a later date -- COMMISSIONER HALAS: Okay. MR. URBANCIC: -- since we would have to come in to petition. Page 65 May 22-23, 2007 COMMISSIONER HALAS: Thank you. CHAIRMAN COLETTA: Okay. Do I hear a motion? COMMISSIONER FIALA: Motion to approve. COMMISSIONER HALAS: Second. CHAIRMAN COLETTA: I have a motion to approve by Commissioner Fiala and a second by Commissioner Halas. Any discussion? MS. FILSON: We have one speaker, sir. CHAIRMAN COLETTA: One -- I'm -- forgive me. Let's open the public comments by registered speakers at this time. MS. FILSON: The speaker's Henry Nardone. COMMISSIONER HENNING: I think that's a different one. MR. NARDONE: Next one. MS. FILSON: Oh, it says 8A. Okay, sorry. CHAIRMAN COLETTA: Okay. No problem. That person, if you're in the audience, they want to change the number on the speaker slip, please do it. MS. FILSON: Actually it says 8A, Band C, so-- CHAIRMAN COLETTA: Let's close the public comments. We have a motion and a second. Any other comments? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it 5-0. Page 66 May 22-23,2007 MR. URBANCIC: Thank you, Commissioner. CHAIRMAN COLETTA: Thank you. Next item. Item #8B ORDINANCE 2007-46: PETITION: PUDZ-A-2005-AR-7422 (KD) LARRY ABBO, AS VICE PRESIDENT OF PRIME HOMES AT PORTOFINO FALLS, LTD., REPRESENTED BY DAVID R. UNDERHILL, JR. OF BANKS ENGINEERING AND ROBERT D. PRITT OF ROETZEL & ANDRESS, L.P.A.; AND WILLIAM L. HOOVER, AS PRESIDENT OF CATALINA LAND GROUP INC., WHO IS REPRESENTED BY DAVID R. UNDERHILL, JR., OF BANKS ENGINEERING AND RICHARD D. YOV ANOVICH OF GOODLETTE, COLEMAN AND JOHNSON, P.A., ARE REQUESTING A REZONE FROM THE RURAL AGRICUL TURAL (A) AND PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICTS TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT, TO ADD 20.26 ACRES AND 80 DWELLING UNITS TO THE WOLF CREEK RPUD FOR A TOTAL OF 167.96 ACRES AND 671 DWELLING UNITS, WHICH MAY BE SINGLE- OR MUL TI- F AMIL Y DWELLINGS, AND AMEND THE PUD DOCUMENT AND ASSOCIATED MASTER PLAN. THE APPLICANT ALSO PROPOSES TO REDUCE THE MAXIMUM HEIGHT OF MUL TI- F AMIL Y STRUCTURES FROM 42 FEET AND 3 STORIES TO 38 FEET AND 2 STORIES; AND ELIMINATE NURSING HOMES, PRIV A TE SCHOOLS, ADULT LIVING FACILITIES AND CHURCHES AS ALLOWABLE CONDITIONAL USES. THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF V ANDERBIL T BEACH ROAD, APPROXIMA TEL Y ONE HALF MILE WEST OF COLLIER BOULEVARD IN SECTION 34, Page 67 May 22-23,2007 TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (COMPANION ITEM TO THE FALLS OF PORTOFINO COMMUNITY DEVELOPMENT DISTRICT (CDD)) - ADOPTED W/STIPULATIONS MR. MUDD: Commissioner, our next item is 8B. This item requires, again, that all participants be sworn in and ex parte disclosure be provided by commission members. It's petition PUDZ-A-2005-AR-7422, in parens, KD, Larry Abbo, as Vice-President of Prime Homes of Porto fino Falls, Limited, represented by David R. Underhill, Jr., of Banks Engineering, and Robert D. Pritt of Roetzel & Andress, LPA; and William L. Hoover, as president of the Catalina Land Group, Inc., who is represented by David R. Underhill, Jr., of Banks Engineering, and Richard D. Yovanovich, Goodlette, Coleman, & Johnson, P.A., are requesting a rezone from the rural agricultural (A) and planned unit development PUD zoning districts to the residential planned unit development (RPUD) zoning district to add 20.26 acres and 80 dwelling units to the Wolf Creek (RPUD) for a total of 167.96 acres and 671 dwelling units, which may be single or multifamily dwellings, and amend the PUD document and associated master plan. The applicant also proposes to reduce the maximum height of multifamily structures from 42 feet and three stories to 38 feet and two stories; and eliminate nursing homes, private schools, adult living facilities, and churches as allowable conditional uses. The subject property is located on the north side of Vanderbilt Beach Road approximately one half mile west of Collier Boulevard in Section 34, Township 48 south, Range 26 east, Collier County, Florida. This is a companion item to the Falls of Portofino Community Development District, which is 8C. CHAIRMAN COLETTA: Okay. All those wishing to Page 68 May 22-23, 2007 participate in this agenda item please stand at this time to be sworn in. (The speakers were duly sworn.) CHAIRMAN COLETTA: Thank you. And now for disclosure on the part of the commissioners. Let's start with Commissioner Henning. COMMISSIONER HENNING: I've received some correspondence from the Roetzel Anderson (sic), the petitioner. I spoke to -- well, I received a phone call from Mr. Dempsey. I spoke to Mr. Hoover. And it looks like we have some correspondence from the EAC and the staff report. And Rick Mercer from Ellis -- Elias Brothers, and their attorney. Thank you. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. I have received phone calls. I've had a meeting with Bob Pritt at my Marco office. I've received a number of emails and correspondence from Will Dempsey, Rick Mercer, Roetzel Andress. That's about it. Thank you. CHAIRMAN COLETTA: Thank you. And I have had meetings, I met with Rich Yovanovich, Larry Abbo, Linda Scarlo (sic) of Prime Builders, homebuilders, David Underhill, vice-president, Banks Engineering and Robert Pritt. I also had emails and phone calls and correspondence. Commissioner Halas? COMMISSIONER HALAS: Thank you very much. I've had meetings before when this came before us, and correspondence, emails and phone calls, and I've had meetings with our staff and recently have had a phone call by the attorney, Mr. Robert Pritt, and I've had other correspondences that are in my brochure here, and I think that's it at this point in time. CHAIRMAN COLETTA: Thank you, sir. Commissioner Coyle? COMMISSIONER COYLE: Mr. Chairman, I have had meetings with petitioner and petitioner's agents. I've also received email from Page 69 May 22-23, 2007 Will Dempsey and Rick Mercer. CHAIRMAN COLETTA: Thank you. Mr. Pritt? MR. PRITT: Thank you, Mr. Chairman, members of the commission. My name is Robert Pritt. I'm here on behalf of Prime Homes, LLC -- Prime Homes at Porto fino Falls. It's owner of parcel number five, which we would like to add to the existing Wolf Creek PUD. I have with me -- I think you've named all the names, but Dave Underhill is also with us in case you need to have anybody testify as to planning, zoning, engineering matters, and we also have. COMMISSIONER COYLE: Abbo, who's the founder of the company here today, as well as Larry Abbo, Linda Socolow and also Steve Greenfield? As has been said, Rich Y ovanovich is also here. I believe that Mr. Hoover is here also on behalf of the Catalina Land Group, owner of the balance of the Wolf Creek PUD. The background here is that we're requesting a rezone from rural agricultural and planned development, planned unit development, to residential planned unit development zoning district. And as was said, we're just going to add 20.26 acres and are requesting 80 dwelling units to be added to the existing Wolf Creek PUD. This would make for a total of 167.96 acres and a total of 671 dwelling units, which may be single or multifamily dwellings, and we also are going to amend the PUD document and the associated master plan. As also has been said in the introduction, the proposal is to reduce the maximum height of multifamily structures from 42 feet and three stories to 38 feet and two stories and to eliminate some uses. The location of the property is on the north side of Vanderbilt Beach Road approximately one half mile west of Collier Boulevard, and we can show you that on the map. This map here, it's kind of hard Page 70 May 22-23, 2007 to read, but what I wanted to point out here is that the -- let's see. We've got Vanderbilt road -- Beach Road here and 951 there. Thank you. And I heavily marked -- right there in the middle is parcel number five marked in red so that you can see what the situation is. The heavy black line that goes all the way around the existing PUD goes clear around -- clear around to the other side and back, carved out this -- either carved out or left out this parcel which is right smack dab in the middle. And to everybody's credit, they are trying to put this together with the existing PUD rather than create some other type of PUD or new PUD and -- so that we can have a real unified project and project area. A couple things to keep in mind. And this is all in the staff report. I know that you all have read the staff report and all the documents, but the -- in this subdistrict there's a base density of four dwelling units per acre. There's a limit of a maximum of 16 units per acre under the density rating system. And we're not asking for any density bonuses and there are no density reductions that are applicable. So the site would be eligible for four dwelling units per acre, and the requested density is actually 3.99. I'm not sure how it worked out that way. But we're asking for the four units per acre essentially. The transportation element. It's been found consistent with the transportation element. There are contingencies concerning concurrency and -- that are in the PUD document that has -- that was discussed and handled at the Planning Commission hearing and -- so that is in the PUD document that you have in front of you. One thing that is a little bit different, and that's the affordable housing impacts. The request had contained no provisions to address affordable or workforce housing demands that may be created. We went through the Planning Commission hearing process. It was Page 71 May 22-23, 2007 approved 8-1. We're more aware now, but just generally aware that there was an issue as to -- at least a question as to whether or not voluntary donations can be given to the county or can be -- or where they should be given. And I noticed that on your agenda today is item 10M. And I'm not sure, did I hear that that was continued? We kind of expected that to be handled today but -- and it seemed to make sense to be the first ones in to offer to make that contribution to the voluntary donation contribution and have it go into the trust fund, and we still would propose to do that. We presume that this matter will be taken care of fairly quickly. So there is a letter that you all should have. Ms. Deselem has indicated to me that there may be a slight glitch if your resolution is adopted, the resolution that you propose to adopt. I believe it calls for a payment immediately rather than seven days after CO, and we have no problem with making it consistent with whatever that resolution might say. So there will be a contribution, voluntary donation, to the housing trust fund into the affordable/workforce housing program. So you should having that letter in your files. The environmental services staff. The Environmental Advisory Council recommendations were positive. As I said, the Planning Commission recommended approval 8-1, and we feel that in this case we're simply adding 20 acres to the existing PUD. It's located right in the middle of the PUD, as I said. We're using the same base density as the rest of the PUDs. And the surrounding areas -- and if I may, let me just show you the surrounding areas. And that's all in your summary packet. I believe it's on page 10. To the north is -- to the north is Palermo Cove. Does that show on here? Let me substitute this one here. This is actually in the commission's packet. Page 72 May 22-23, 2007 Palermo Cove is there on the north, and I'm going to have to read that map. 131 acres, four units of density. Sonoma Oaks, 37 and a half. Thank you. I knew that was there somewhere. Sonoma Oaks, 37 and a half acres, mixed-use proj ect, and the density of four units per acre. Carolina Village, 15.88 acres and a density of 4.03 units per acre. And Island Walk PUD DRI, it's built out, it's a 705-plus-or-minus-acre mixed-use project, and the residential portion was approved at a density of3.04. But again, that's a mixed-use project, and it's not just residential density. There's other use also. So we believe that this is consistent, and it has been found consistent with all of your requirements both in the Growth Management Plan and in your codes, and it's our request that the project be considered, be approved today, and we'll be glad to answer any questions that you may have. I am -- just before I do that. I am aware that, from your disclosures and I was otherwise aware, that you received a letter or some type of inquiry concerning the easement situation for what is going to be called Pristine Drive, and that is right here, runs north and south. And I simply wanted to indicated to you a couple of things about that. I don't think you'll find any opposition. Mr. Abbo can speak to that if you have any questions or comments about that. The -- and it's my understanding that the indication to you was that the writer was not opposed to the approval of the development but had expressed some concerns concerning negotiations that had been ongoing, actually these, I believe, had been subject to cost-sharing agreement in the past, et cetera. However, there already is a provision in the proposed PUD for the granting of all easements necessary for any of the -- to effectuate any of the approvals that are here, so I think that those concerns are adequately addressed already in the easement section of the PUD. Page 73 May 22-23, 2007 And for that, I'll refer to 5.3B, all necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project. And there is a recorded cost-sharing agreement among the parties that the parties are just -- are dealing with, but that's already been recorded. It's a couple years old already. And this is already required for the SDP anyhow. So it's our belief that this is -- this is not an issue and should not get in the way of granting the approval today. I'll be glad to answer any questions you may have. CHAIRMAN COLETTA: Mr. Pritt, I'm going to go first because it's District 5 that this is located in, and I do have small concerns that I wanted to get out of the way. Two things. One, Nick, would you come up here, please. I have to be sure about the interconnectivity and the fact that the document does what it needs to do as far as assuring that we're not going to have some boxed-in community that's going to be trespassing upon other communities to be able to get in and out. Nick, what's your evaluation of this? MR. CASALANGUIDA: Sure. For the record, Nick Casalanguida with Transportation. There are two issues, and I want to follow up with Mr. Pritt's comments that he made regarding the right-of-way. Whenever you have interpersonal agreements between developers that are not public and then you've got petitions that come forward as PUD talking about a public road, my only concern is the public road. I try and -- I have to stay out of the private agreements. With regard to the right-of-way being donated, I would request that the right-of-way's donated fee simple to the county be within 30 days of adoption of this PUD so that we don't have any conflicts with private entities and agreements. Interconnection is the second point. We're brought this up with Page 74 May 22-23,2007 some of the Island Walk board of directors yet some of the Island Walk residents have stated they were never told about the potential for an interconnection. In the memo I provided to you, the value of that interconnection is there. There should be some reference in the PUD that that interconnection is maintained, and an arrow at that potential interconnection identified. The exact location can be adjusted as the developers wish, but we should be able to require an interconnection between that corner or that side of Island Walk and Pristine Drive. Today, when your six-lane at Vanderbilt is functioning properly when opened and Collier Boulevard, in the future as those volumes come up, those people will be glad to be able to take a back road to the shopping center, someplace else. So I would request that any language is modified to address that interconnection as part of this approval. CHAIRMAN COLETTA: Okay. Mr. Pritt, would your client be agreeable to that? MR. PRITT: I would like to have my client come forward, ifhe's willing to do that. The interconnection issue was -- it's a new one on me just this minute, so -- CHAIRMAN COLETTA: I'm sure we can get it resolved without too much difficulty. MR. ABBO: Good afternoon. Thank you very much for allowing us the opportunity to speak in front of you today. It's our pleasure to be here and our privilege. COMMISSIONER FIALA: What is his name? MR. ABBO: The matter on hand -- CHAIRMAN COLETT A: Would you state your name for the record, please? MR. ABBO: Yes, of course. Larry Abbo of Prime Home Builders. CHAIRMAN COLETTA: Thank you, sir. Page 75 May 22-23, 2007 MR. ABBO: And Vice-President of Prime Homes of Porto fino Falls, Ltd., petitioner for the zoning application. With regards to the matter of the interconnectivity to Island Walk, we have addressed this issue before. We actually have had meetings with the neighbors, Island Walk, on numerous matters. We maintain a good line of communication. And frankly, we are only a portion of the PUD, so it would really need to bring in the consideration of William Hoover as representative of the balance of the ownership ofPUD, and the connectivity does lie outside of our boundary. It lies within the PUD, but outside of what we own, so I-- CHAIRMAN COLETTA: Mr. Hoover, would you -- or Mr. Y ovanovich, okay, for Mr. Hoover. MR. YOV ANOVICH: Ifwe can-- CHAIRMAN COLETTA: Name for the record. MR. YOV ANOVICH: My name, for the record, is Rich Y ovanovich on behalf of Mr. Hoover and his entities that own property within this project. There's a couple issues related to the interconnectivity. For one, I think this PUD has gone above and beyond regarding making sure that interconnectivity does, in fact, occur. If you'll recall, there's a loop road around the shopping center that provides interconnectivity to what was known as the Nagai-Craig parcel. Now I think it's Sonoma Oaks. So there's interconnectivity that already occurs there, also interconnectivity between the commercial and the other aspects of Wolf Creek PUD. The second interconnectivity was briefly talked about is the Wolfe Road/Pristine Drive, which we commonly refer to as the outer loop road. That has interconnectivity for Palermo Cove, for Elias Brothers, and also for the projects within the Wolf Creek. The last point is this potential interconnectivity with Island Walk. I will tell you we have received different opinions as to whether Island Walk really wants interconnectivity. Page 76 May 22-23, 2007 The one thing I do know is that there's nothing in the Island Walk PUD that would allow for that interconnectivity, so I believe it will require an amendment to the Island Walk PUD for that interconnectivity to occur. Quite honestly, we had hoped that up in the northern -- northwest portion that we also have a gated community, an enclave within Wolf Creek, and interconnectivity at that point kind of hurts the ability to have a gated community there. So we would -- we would -- you know, if interconnectivity's going to occur, I would say that it not necessarily has to be on my client's property. However, be that as it may, it does require an amendment to the Island Walk PUD to make it happen. So I would like to see if we could talk about time frame here, because we really need to know what we're going to have up in that northwest corner, and Mr. Abbo needs to know what he's going to have on his property as well as far as potential interconnectivity occurs. So if Island Walk really wants to do this, they probably should come forward within a certain time period, and I would like to say within a year, and request an amendment to their PUD master plan to address interconnectivity. And if they don't, let us go on with our plans to have a gated community and Mr. Abbo, I believe, has a gated community on his property. And I don't think that's unreasonable to request because this PUD has kind of been the leader of inter connectivity, if you will. We've got two publicly -- we've got two privately funded public roads, two loop roads, one around the commercial, as I said, and another outer loop road which is Wolfe Road/Pristine. So I think we've got that interconnectivity of everything we have around us. The only exception is Island Walk, which is a gated community. They wanted to be gated. It's -- I guess the interconnectivity is going to be one way. Obviously I don't think they Page 77 May 22-23, 2007 want us going through their community. And then ifthere's going to be interconnectivity, let's see if!sland Walk really wants it, put a time frame on that. We would request that it be exit only, because that would lessen the impact to us, and I think that's really what their issue is, getting to the commercial center. That's really what they want. So that would be our request is that we identify that location, once Islands Walk comes in, if they really want that interconnectivity to occur. CHAIRMAN COLETTA: Okay. Nick, would you come up and sum this up for us? MR. CASALANGUIDA: Sure. CHAIRMAN COLETTA: How can we go about getting what we need to do to make this thing work? MR. CASALANGUIDA: You could require it to be there in place in principle. At the time Island Walk makes their connection on the side of the road, that that availability be there, but someone has to blink first. You can't say, well, we'll wait -- you know, Island Walk is restricted from doing this now, so we don't want to do it. You have to set it up for that ability to happen. So I don't think you want to set a time certain to that. This community in the urban area is far from being built out. And as their pressure mounts on some of those roads, people will look for other ways to come out. And as far as the gated community issue, two gated communities side by side can share gates. We get into this all the time where we say, my land values are higher than yours, so I don't want those people in my gated community. I don't know where you draw the line there, so -- I think summing it up, I would like to preserve that ability to have that interconnection, and it's valuable and it's what we strive for, and it's in the GMP. CHAIRMAN COLETTA: Let me get the discussion going amongst my commissioners on this item here. Hopefully this is what Page 78 May 22-23, 2007 you wanted to talk about. Commissioner Halas, you're next. COMMISSIONER HALAS: Yes. Nick, can you stick around here because I think this is a hot issue. What is the -- everybody says that Island Walk is built out. How many residents do we presently have there, do you see? MR. CASALANGUIDA: Approximately 2,000 units, I believe it is. COMMISSIONER HALAS: Two thousand units. Well, let me tell you, I can assure that -- people that are in this room that as the traffic picks up on Vanderbilt Beach Road and the traffic picks up on 951, even though we widen all this, that some day that community's going to come in and say, you know, we need another exit. I can tell you that I have a PUD. It's an old established PUD in District 2. It's Imperial Golf Estates, which has roughly around 1,600 units. They've been working for almost five years now to get a rear gate because they only have one ingress and egress out of that homeowners' association or that gated community. So I would think it's imperative that we set aside a right-of-way, make sure that that's taken care of and it does not become an easement, like a conservation easement, so that we can't get anything accomplished, but that it's a real easement for a road in the future. And we're not here to put Island Walk under any pressure. They may not think that they need this at this point in time, but three years down the road or four years down the road, they may say, you know what, I wish we had a rear exit. So I'd like to make sure that we put this in so that if Island Walk in some future time comes back and says, we'd like to have a rear gate exit, that it's available and it's open for the public. MR. CASALANGUIDA: Planning, a novel idea, huh? CHAIRMAN COLETTA: I think you stated it very well. Commissioner Henning? Page 79 May 22-23, 2007 COMMISSIONER HENNING: First of all, when did we move this community or this piece of property out of District 3 into District 5? CHAIRMAN COLETTA: I'm sorry. Other side of the road. Forgive me. I thought I would try to take possession of it. COMMISSIONER HENNING: Are you getting campaign money out of there? Is that why you mistakenly -- it was in District 5? CHAIRMAN COLETTA: They just love me to death there. I get cookies, which I pay for, by the way. COMMISSIONER HENNING: I got a question maybe you can answer, or somebody can. CHAIRMAN COLETTA: Sure. COMMISSIONER HENNING: I can't figure out all these communities with walls and gates. Are they trying to keep the people in or trying to keep the people out? Because I know one of the communities that we thought was in District 5 but discovered is in District 3, you can't keep them out and you definitely can't keep them in. So I just can't quite figure that out. COMMISSIONER COYLE: Let me explain it to you. COMMISSIONER HENNING: Thanks. COMMISSIONER COYLE: In District 5 they're to keep the people in. COMMISSIONER HENNING: Oh, okay. COMMISSIONER COYLE: If they're in District 4, they're to keep the people out. COMMISSIONER HENNING: Okay. Oh, that's what it is. CHAIRMAN COLETTA: Thank you very much, COMMISSIONER HENNING: And we need that gating them out. But you know, Mr. Pritt, your client didn't answer the other question. MR. ABBO: If! may, which question would that be, please. Page 80 May 22-23,2007 COMMISSIONER HENNING: Pristine Drive. MR. ABBO: Yes. COMMISSIONER HENNING: Pristine Drive. MR. ABBO: Well, as to Pristine Drive, I"m not sure the direction of the question, but let me give you an overview, if you don't mind. COMMISSIONER HENNING: No. Let me make the observation. MR. ABBO: Sure. COMMISSIONER HENNING: It was a suggestion that there be a deeded right-of-way easement to the county in favor of the county to be included in the PUD. MR. ABBO: Sure. And that is consistent with the deed that we took subject to a 30-foot right-of-way. And as far as restating such an easement, we have no objection. COMMISSIONER HENNING: Well, according to what your attorney said -- MR. ABBO: Yeah. COMMISSIONER HENNING: -- it's standard boilerplate language in all of them. Usually that is for utilities. MR. ABBO: No. It clearly states, road right-of-way, public road right-of-way. Not within the PUD, but within the deed that we took. Nevertheless, we are -- COMMISSIONER HENNING: Within the deed. MR. ABBO: Within the deed. COMMISSIONER HENNING: Is the deed in the PUD? Because that's what we're approving today, and that's what is suggested that we put in there. MR. ABBO: Well, it can be added to the PUD as well, that's a planning tool, and it is not an issue whatsoever. It is consistent with the deed we received subject to the 30 feet which exists now. COMMISSIONER HENNING: Yeah, but deeds could be Page 81 May 22-23, 2007 changed, right? MR. ABBO: I'm sorry? COMMISSIONER HENNING: Deeds can be changed. MR. ABBO: Yes, but we're not the beneficiary of that easement, therefore, I don't think we would have the right to change it, but, nevertheless, to take away any concerns, we would follow suit with the recommendation by -- that was made previously with regards to creating a deeded right-of-way within 30 days. It is not of a concern to us. COMMISSIONER HENNING: Okay. MR. ABBO: Yes, sir. COMMISSIONER HENNING: In favor of the county? MR. ABBO: Absolutely. COMMISSIONER HENNING: Okay. Well, we got that issue-- MR. ABBO: Yes, sir. COMMISSIONER HENNING: -- straightened out. Thank you very much. MR. ABBO: No problem. And it is consistent with the PUD documents that you have for the 30 feet righty-of-way. And if! may say so, we have an agreement that's recorded and a matter of public record that was executed between us and Mr. Hoover. COMMISSIONER HENNING: Yeah. That's a private agreement. We don't record private agreements. MR. ABBO: It's reported and it also talks about the same end goal. So just so that you see the consistency of the matter, that's all. COMMISSIONER HENNING: Mr. Chairman, I mean, I've had a lot of conversation about this -- about this access, and one being your assistant who lives in Island Walk, and I did reach out to the community. And it's my understanding they don't want that interconnection. They have an ability in their PUD to have another interconnection, which would not require a PUD amendment. So I'm kind of confused what we're trying to do here. Page 82 May 22-23, 2007 I understand it's part of our Growth Management Plan, but we can't -- we can't demand -- we can't demand people to amend their PUD. So I'm not sure what good we're going to do here by having an easement for Island Walk when they already have the ability to interconnect to a collector road. CHAIRMAN COLETTA: And as a fellow representative for Island Walk. COMMISSIONER HENNING: Yeah, I appreciate it. How much money you getting out of there for your campaign donation? CHAIRMAN COLETTA: I'm not. Be honest with you, that's a whole different situation and they just love me there. I can't tell you more than that. But in any case, going back to the situation of Island Walk, I believe what we're doing here we're reserving the option sometime in the future where they may wish to do so rather than forcing something down their throat. You know, because situations change, as Commissioner Halas pointed out so well, from older PUDs or an old PUD -- I think I almost know which one it is he's talking about, but -- COMMISSIONER HALAS: Imperial Golf Estates. CHAIRMAN COLETTA: That's right. COMMISSIONER HENNING: That's in District 5. CHAIRMAN COLETTA: That's also in District 5. But in any case, it just gives an option for people to do the right thing in the future. At this point in time they're not pressed, but who knows? In the future that might be a very important amenity to go on. That's what I see this as. Now, if I'm reading it wrong, I'd like to know. Commissioner Fiala? COMMISSIONER FIALA: Yeah. I just -- you know, we're on the same track. We want to make sure that an interconnectivity is there. If they don't want it now, that's fine, but what about 10 years down the road when nobody can get in or out of that area and they want that interconnectivity? It just seems to make sense. Page 83 May 22-23,2007 So we have it dedicated just in case. If nobody ever wants to use it, it hasn't harmed a thing, yet we have it in place. It just seems to make sense because what we're trying to do is get these roads to be passable and to be usable and not to be clogged. So anyway, I agree with those. What about Wolfe Road? They can't gate Wolfe Road, right, and they can't vacate Wolfe Road? Okay, fine. Ijust -- thank you. MR. ABBO: If! may interject. There is the chairman of the External Affairs of!sland Walk present here with us today. If you wish to hear from them, he is here and he's interested in speaking. COMMISSIONER FIALA: Well, I think he -- we've got speakers coming up. MR. ABBO: Sure. COMMISSIONER HALAS: I have one more. Nick, can you tell me exactly how much right-of-way we should set aside. They're talking 30 feet. I think 60 would be more like what we're trying to get a hold of, isn't it? MR. CASALANGUIDA: Thirty feet on Pristine is their half of the right-of-way, and I think to make a clarification simple, it should be deeded in fee simple and it's any -- the right-of-way that was required per the PUD to construct Pristine Drive within 30 days on the property they control. COMMISSIONER HALAS: Good. MR. CASALANGUIDA: So I think we just keep it really simple. As far as interconnection, you could probably do that in a modified, probably 30- foot section, as long as they agreed to take in the water, which I believe they have agreed to do. COMMISSIONER HALAS: Well, I'm concerned because I -- there was some promises made on other PUDs in regards to how we were going to get ingress and egress out of PUDs, and it didn't happen. And I can -- I'm sure that people some day in Island Walk, it may be 10 years from now -- but when the roads get impacted, this gives Page 84 May 22-23, 2007 them a back way to get to this shopping center without getting onto the local roads, and I think that's something that we should just keep there. And then 10 years from now if it's not used, well, then they can absorb the right-of-way. But at this point in time, I just want to make sure that it's there in case somebody decides that, you know what, it's getting to be a problem getting in and out, okay. And ifthere's any, God forbid, any kind of emergency where people have to get out, they've got another way out of there besides just the front gate. MR. CASALANGUIDA: As a comment, we've approached the Island Walk board, I think, over a year and a half ago when Joe Quinty was still here. We discussed the matter with them. They voted to keep it a board decision. I asked, can we present it to the homeowners? They said they thought it was too divisive at this time to bring it forward. That just brought up an example of, there were different opinions. Some of the employees worked for the county. They said they were never told about the potential for the interconnection. So it's one of those things where you are going to have difference of opinion, and it's good planning to have it. And it's no encumbrance on Island Walk at this time. It's a future consideration, so you're just planning. Nothing's required from Island Walk at this time. COMMISSIONER HALAS: Can we get some kind of commitment from the other people involved in this thing to make sure that stays open as a -- to the public in case we need it? MR. YOV ANOVICH: Well, Commissioner, if! can address that on behalf of Mr. Hoover. Mr. Pritt will have to address that on behalf of Prime Home Builders. The issue is, if we -- what I've put up on the screen is a proposed subdivision of the property in the northwest portion of the Wolf Creek PUD. We can accommodate what Nick is talking about, a portion of the 30 feet on the very southern portion of that property, and take it Page 85 May 22-23, 2007 out of the lots, if you will, that are depicted on there. And with that, if Island Walk never decides to elect its ability to interconnect and build their interconnection, then that will always stay green space for the people who buy those lots. If they do elect to take 15 feet from the back of those lots, there will -- it will be adequate in depth to provide appropriate vegetation, and that will work. The concern is, is that if this stays open ended forever, you know, 10 years down the road recovering that footage, it becomes impractical, because with any luck, the economy's going to turn around, and 10 years down the road, we'll have a developed subdivision there. So we'd like to plan for that now. We would be willing to give 15 feet along that southern boundary, which would be half of the 30 feet, and we could accommodate the water management from that, as I spoke to Nick. And that would reserve -- if Island Walk wanted to come in and build their exit for either access to the shopping center or for emergency purposes, they would have their exit that they would need and they could build it. They can do whatever they want. There's no wetlands in that area so they're not going to run into permitting issues. But I don't think it should be our obligation to build their second exit. We will give them the opportunity to build a second exit, but it shouldn't be our obligation to build it for them. And we'll reserve 15 feet if our -- if the other developer can reserve 15 feet and that we're sharing the burden there. COMMISSIONER HENNING: Mr. Y ovanovich, can you point that out where you're talking about? MR. YOV ANOVICH: Yes, I'm sorry. What I was talking about is right here. That would get you right to Pristine Drive, which means once you got to Pristine Drive, you'd have no problems getting either to Vanderbilt Beach Road, 951, or the shopping center that's going to be -- or the offices at Carolina Village or the shopping center that's Page 86 May 22-23, 2007 outside this PUD where you would have the Sweetbay. COMMISSIONER HENNING: Okay. Well, that sounds more MR. YOV ANOVICH: That would be along this property. And that way we could go forward with our development, hopefully Mr. Abbo can go forward with his development, we can plan for it, and everybody -- everybody wins. COMMISSIONER HENNING: That sounds more reasonable. CHAIRMAN COLETTA: Fine. Commissioner Halas, then we have how many speakers? MS. FILSON: We have five speakers. CHAIRMAN COLETTA: We have five speakers. Commissioner Halas? COMMISSIONER HALAS: This -- Rich, could you give me a little hint on this water management? This is what we got in trouble with Imperial Golf Estates was water management where the right-of-way was turned over to Southwest Florida Water Management, and then it was deeded then as a preserve, and that way we've -- they've locked the hands of that community for trying to get ingress and egress out the back. So when you state something like water management, I don't want to go down this road again. I want to make sure that when we say that we're going to get access, one way or another we're going to get 30 feet. So we've got some way or another to make sure that that is open for future use way down the road. It may not be used today, but it will be used sometime. MR. YOV ANOVICH: I'm going to let Nick talk about the engineering aspects of that. COMMISSIONER HALAS: Okay. MR. YOV ANOVICH: But I think we could -- that won't be a problem for us to accommodate that through our permitting process so that our lakes are adequately sized to address the water management Page 87 May 22-23, 2007 issue. COMMISSIONER HALAS: And then who else is involved in this project, so we can get the other 15 feet today? MR. CASALANGUIDA: I believe it's Mr. Abbo, but one way to clarify this -- and I think we're heading in the right direction. I know it's taken a little bit of time -- as long as they design and permit that interconnection within their project with the appropriate SDP of plats, you will be guaranteed that connection if someone wants to come in later and build it. So as they do a subdivision plat, they design and permit that, and just say, for future road consideration, but the district has seen it, it's planned for and all the connections are there. It can be done that way. CHAIRMAN COLETTA: I'll tell you what. Let's do this. Why don't you have your discussion while we call the speakers, and maybe when we get through we'll be able to get to it. So I'm going to open the public portion of the meeting for public comments. Did you have something you wanted to add very important right at the moment? MS. DESELEM: Not very important right at the moment, but eventually. CHAIRMAN COLETTA: Then let's wait till after the speakers. MS. DESELEM: Right. MS. FILSON: Mr. Chairman, is it your intention to hear the speakers on both numbers? Because they've all registered for Band C, which were listed together. CHAIRMAN COLETTA: Yeah. This will be both items at the same time. Because once we resolve this one, we'll just march through the second one. MS. FILSON: Okay. The first speaker is Henry Nardone. He will be followed by Robert Pritt, and you don't need to be registered. He's the presenter. Page 88 May 22-23, 2007 MR. PRITT: I've already spoken. MS. FILSON: Okay. MR. PRITT: But just for the record, I thought we were only on B, which is the rezone. C is the CDD district. CHAIRMAN COLETTA: Yeah, that would be a separate issue. That's true. MS. FILSON: But he's registered for B. CHAIRMAN COLETTA: Sir, please, your name for the record? MR. NARDONE: Henry Nardone. I live on Whidbey Way in Island Walk. And good afternoon, Mr. Chairman, Commissioners. I'm really only speaking on item B. CHAIRMAN COLETTA: Would you start the time, Ms. Filson. MR. NARDONE: And about the only thing -- most of what I was going to say has already been said by Rich and Larry except I can add a few facts, and that is, the board of directors from Island Walk has met two times and sent letters to transportation both times stating that they have no interest basically in an exit or an entrance onto Wolfe Road. We at Island Walk also have in our PUD the ability to put a gate over on Logan. That was voted down by the community two times; once 87 percent to 13 percent against and once 85 percent to 15 percent. So that's come up for a community-wide vote twice where we wouldn't have to amend the PUD. We could put the gate in there. We do have emergency entrance on our far southeast corner going onto Logan Boulevard -- going onto Vanderbilt Beach Road. Very hard to see, but it is -- it is there. So we have our emergency. So we're here to say that my committee, the external affairs committee, as well as the board of directors, is in favor of vacating that easement for us onto Wolfe Road. Thank you for your time. CHAIRMAN COLETTA: Thank you. MS. FILSON: The next speaker is Larry Abbo. And we're down Page 89 May 22-23, 2007 to three speakers because they each have to speak on the -- MR. PRITT: Mr. Abbo has been answering questions. Who are the other three speakers? They may be part of our team. MS. FILSON: After that I have William Dempsey. MR. PRITT: Oh, no. MS. FILSON: And he would be your final speaker on 8B. MR. PRITT: I can't speak for Mr. Dempsey, although I'd like to. MR. DEMPSEY: Good afternoon, Commissioners. My name is Will Dempsey, for the record. I'm from 821 Fifth Avenue South in the City of Naples, and I'm here on behalf of Elias Brothers Communities. Elias Brothers, if you may recall, is the developer of property that's immediately to the north of the Wolf Creek PUD property, north and to the west. And last year our project, which was then known as Palermo Cove -- it's now called Raffia Preserve -- came before the Board of County Commissioners for PUD approval. The commissioners approved Elias Brothers' project and approved the PUD but included a requirement in the PUD that is troubling in light of the developments here today, and that requirement is that Elias Brothers, for its Raffio Preserve project, only utilize Pristine Drive for access in and out of its proj ect until such time as the expansion of Collier Boulevard is completed and Elias Brothers can then complete -- construct and complete Wolfe Road, which runs east and west, connects to Pristine Drive and connects to Collier Boulevard to the west. The difficulty that we're having conceptually with approval of the PUD that's before you is that it does not provide for any definiteness in terms of when Pristine Drive will be constructed. We certainly are aware that there are certain easement grants that are absolutely necessary in order for Pristine Drive to legally exist as a publicly dedicated right-of-way. And with all due respect to Mr. Abbo, I'd suggest to the Page 90 May 22-23,2007 commissioners that the reservation of 30-foot right-of-way or the conveyance of property subject to a 30-foot right-of-way in the past, the deeds Mr. Abbo's referring to, are not legally effective to create a publicly dedicated right-of-way. In light of these concerns, we would respectfully ask that the commissioners include two conditions in the PUD approval. And one, Mr. Casalanguida has hit upon, that is that all necessary dedications to legally create the Pristine Drive right-of-way occur within 30 days after the PUD approval. The second condition -- obviously that addresses the creation of a legally effective right-of-way, but it does not address construction of Pristine Drive. And, again, a physically existing Pristine Drive is something that my client, Elias Brothers, absolutely needs in order to access its project per the PUD that the Board of County Commissioners approved last year. We would respectfully suggest that the PUD, the Wolf Creek PUD, contain a condition that no certificates of occupancy be issued for any of the PUD lands until the central section of Pristine Drive is constructed and accepted by Collier County. I should note, Commissioners, that we're not looking for a free ride here, Elias Brothers, that is. We have an obligation to build Wolfe Road, which is comparable in terms of length and expense of cost to construct to Pristine Drive, and we are solely responsible for the construction of Wolfe Road, Elias Brothers, that is. We just want some assurance, in light of the requirement that we use Pristine Drive to access our project, that that road, Pristine Drive, will be legally created and constructed within a reasonable period of time. Thanks a lot for your time. MS. FILSON: That was your final speaker, sir, on this issue. CHAIRMAN COLETTA: Okay. Commissioners, what's your pleasure? Commissioner Henning? Page 91 May 22-23, 2007 COMMISSIONER HENNING: Well, I agree with the last speaker. All these little PUDs was contingent upon that interconnectivity of Wolfe and Pristine because of the roads being under constructed (sic). And Elias Brothers is a local builder, and I would hate to see -- hurt a local builder by approving this amendment, so that needs to be addressed. Besides the fact, I think Prime Builders did agree to dedicate the necessary right-of-way for Pristine Drive. So the only two issues that we have is construction of Pristine and also the southerly easement for the potential connection to Island Walk. MR. ABBO: May I present something, sir? COMMISSIONER HENNING: Sure. MR. ABBO: What I am showing here is an aerial photograph as ofa month ago of the area that we're speaking of, the PUD. And I simply wanted to illustrate for you that -- why don't I take the other microphone. I simply wanted to illustrate for you that, of this agreement, that I do realize it is private, although it is recorded and is of public knowledge, that this was subject to that same agreement. This area here is Pristine Drive, and we have completed construction of that first segment. It is our intent that should this application be approved today for zoning, that we immediately commence the process for construction. And I think that is in the interests of everyone involved. I think our interests are parallels. We just have uncertainties about timing. COMMISSIONER HENNING: Yeah. Sir, the only way that that's going to get done, if it's in the PUD document. That's the only controlling factor of what we have. You're asking us to take action today, and I want assurance that this road is going to be done in this document. MR. ABBO: That's fine. Page 92 May 22-23, 2007 COMMISSIONER HENNING: Okay. MR. ABBO: That wasn't contemplated in the document originally because usually you build those roads as you build out. And the commitments made previously -- COMMISSIONER HENNING: That's maybe what you do on the east coast, but that isn't what we're trying to do over here. MR. ABBO: I see. We have various -- various commitments for this type. We'd be more than happy to reaffirm them through the PUD if that is your request. COMMISSIONER HENNING: Okay. MR. ABBO: Based on what I just said. COMMISSIONER HENNING: And then the next thing is the easement for -- potential easement for Island Walk, the one that was shifted further to the south, the dedication of 15 percent from Wolf Creek and -- MR. ABBO: Fifty percent, 15 feet on each side. COMMISSIONER HENNING: Fifteen? MR. ABBO: Yeah, 15 feet. Fifty percent on each side of the ownership. We have no issue in proceeding with the relocation so long as the burden's to the properties equally. COMMISSIONER HENNING: Okay. So I guess we don't have a problem with those two issues. No COs would be issued until that road is complete, Pristine, and a dedication of right-of-way. MR. YOV ANOVICH: Can I, Mr. Henning, in response to your question about the timing of Pristine -- and I just spoke to Mr. Abbo and I've spoken to Mr. Dempsey. He appears -- everybody seems comfortable with commencing construction of that road within a year of PUD approval and completing it within a year of commencing construction. That will give us all some certainty and enough flexibility to deal with the issues of when we really think we're going to develop those portions of our respective PUD. So if that's acceptable to the commission, I think that gets you the certainty you're Page 93 May 22-23, 2007 looking for, and I believe that's okay -- COMMISSIONER HENNING: One year to date, right? MR. YOV ANOVICH: One year from today, from the PUD approval, we would -- which hopefully will be today, we would commence construction of Pristine. That means we can get through the permitting. And then we would complete construction a year after we start, which would give us all enough time to make sure it happens. And I believe that's okay for Elias Brothers. COMMISSIONER HENNING: Okay. MR. ABBO: I think I -- while we were resolving that issue, I missed a comment that was just brought to my attention with regards to COs being subj ect to -- COMMISSIONER HENNING: We got it straightened out. MR. ABBO: Straightened out, okay. Is there an outcome for that? I'm sorry. COMMISSIONER HENNING: Well, the issue was Pristine Drive, saying it's going to be constructed within a year. MR. ABBO: Constructed, begun within a year and completed within a year following that. Is that not what you proposed? That's what was -- COMMISSIONER HENNING: So it's going to be two years before it's done. MR. ABBO: For completion, in the worst of cases, yes. COMMISSIONER HENNING: Okay. I don't know. Are you using the same contractor we are for roads? MR. ABBO: No comment. But no, we're not. COMMISSIONER COYLE: Can we borrow your contractor? COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: Commissioner Henning, you got a motion? COMMISSIONER HENNING: Well, let's close the public hearing. Page 94 May 22-23, 2007 CHAIRMAN COLETTA: Okay. Close the public hearing. I'm sorry. One moment. The County Attorney's Office. COMMISSIONER FIALA: And Kay Deselem. MS. STUDENT -STIRLING: We'd -- for the record, Marjorie Student-Stirling, Assistant County Attorney. We've recommended that Ms. Deselem put the specifics of the affordable housing provision in the record rather than just a reference to a letter. MS. DESELEM: Good afternoon. For the record, Kay Deselem, Principal Planner with Zoning. I just wanted to clarify, as has been alluded to, that the developer is going to pay $1,000 per unit of the 830 units that are addressed in the ago parcel that's being added, and the timing of that would be prior to the certificate of occupancy being issued for anyone of those units. And other than that, the staff report and the executive summary is part of the record. Weare recommending that it be found consistent and we are recommending approval of the amendment. I would ask that, you know, you clarify your motions as far as what the specific stipulations you're adding are so that we can track them and make sure that they get in the PUD document. Thank you. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: Nick, one last thing. MR. CASALANGUIDA: I just -- I want to clarify again so we're clear. Within 30 days they dedicate, the developer, which means all of them, dedicate the necessary right-of-way required for the public roadway known as Pristine Drive, that's one. Within one year, they shall co-design, permit, but not build the interconnection between Island Walk and Pristine Drive adjacent to the respective boundary lines within 30 feet and, not to mess them up in zoning, that that interconnection shall not be subject to road setback requirements. Because it's considered a road, we get into all sorts of setback issues, it's interconnection. And that's done within one year of Page 95 May 22-23, 2007 approval of this as well, too. That will cover us, I think. CHAIRMAN COLETTA: And that's all in your motion? COMMISSIONER HENNING: No. Mr. Casalanguida, the -- were you just referring to that connection, potential connection, to Island Walk? MR. CASALANGUIDA: Yes, sir. COMMISSIONER HENNING: Okay. You wasn't referring to Pristine then? MR. CASALANGUIDA: No. Pristine will be permitted within a year and constructed within a year, so worst-case scenario they said two years from this day would be the worst case you'd get it, I think. They can permit it sooner. COMMISSIONER HENNING: Okay. Well, I'm going to make a motion to approve based upon the input of our staff and the petitioner, the petitioner's agreeing to start construction of Pristine Drive within one year of the approval of the PUD and being constructed within a year after that, being a total of two years from the time of date of approval that Pristine will be complete and accepted by the -- by the county and up to standards, the county standards, and also that the interconnection on the proposed vacant property -- I want to get this right. I want to make sure that we get -- identify where this interconnection is going to be. MR. CASALANGUIDA: Sure. On the viewer you have the site plan that's showing it. COMMISSIONER HENNING: How do you put that in the PUD? MR. CASALANGUIDA: It will be adjacent to the two owners, and I guess you'd have to identify who those owners are, Mr. Abbo and Hoover Development. COMMISSIONER HENNING: Okay. Also in my motion is, there will be a potential future interconnection for the community of Island Walk between -- would it be Wolf Creek PUD --& Page 96 May 22-23,2007 MR. CASALANGUIDA: Same PUD. The two owners would be -- COMMISSIONER HENNING: Oh, okay. Well, you -- the owners would be -- MR. CASALANGUIDA: Mr. Abbo, I believe. COMMISSIONER HENNING: Prime Builders. MR. CASALANGUIDA: Prime Builders and Hoover Development -- Wolf Creek -- COMMISSIONER HENNING: Wolf Creek Estates, LLC. Each will dedicate 15 feet respectively on their adjoining adjacent property. MR. CASALANGUIDA: And they'll design and permit that, but not build it. COMMISSIONER HENNING: And design and permit it. MR. CASALANGUIDA: Yes, sir. COMMISSIONER HENNING: As a future -- MR. CASALANGUIDA: Interconnection. COMMISSIONER HENNING: -- interconnection. COMMISSIONER HALAS: Commissioner, are you going to put in there also, legally -- dedicate -- or sign the right-of-way over within 30 days? I think that was part of the stipulations. COMMISSIONER HENNING: And -- well -- MR. CASALANGUIDA: For Pristine. COMMISSIONER HALAS: For Pristine. COMMISSIONER HENNING: Oh, for Pristine, okay. Well, that's -- see, you said that and you said it had nothing to do with Pristine. And also in my motion that they will dedicate an easement to the county, the right-of-way needed for completion of Pristine. MR. CASALANGUIDA: Fee simple dedication. COMMISSIONER HENNING: Fee simple dedication. COMMISSIONER HALAS: And I'll second that. CHAIRMAN COLETTA: Okay. Motion by Commissioner Henning, seconded by Commissioner Halas. Page 97 May 22-23,2007 Commissioner Coyle? COMMISSIONER COYLE: I just wanted to clarify that the motion did also include Planning Commission recommendations that are included in our executive summary. COMMISSIONER HENNING: Thank you, Commissioner. It does. CHAIRMAN COLETTA: Okay. COMMISSIONER COYLE: Thank you. COMMISSIONER HALAS: That's in my second. CHAIRMAN COLETTA: Mr. Weigel? MR. WEIGEL: And that the motion includes the acceptance of the stipulation relating to the affordable housing, $1,000 per unit, SO units to be paid at CO. COMMISSIONER HENNING: Well, you see, I have problem with that, and I shared it with your staff. MR. WEIGEL: Yes. COMMISSIONER HENNING: And that's called contract zoning, the information that I forwarded to your staff. And I think this is what spurred the affordable housing donation. MR. WEIGEL: Well, then, that's why it's important that it be brought up because I think otherwise there is an understanding that that perhaps was part of the -- part of the approval of the board, so, at that point. COMMISSIONER HENNING: Reflect a donation? You see, my attorney advised me not to vote on any of these that have donations of affordable housing within and a part of a zoning item. MR. ABBO: May I -- may I jump it just a moment? CHAIRMAN COLETTA: Please do. MR. ABBO: If it is your pleasure, we really -- one thing is not conditioned on the other. It was just an extension for that donation. COMMISSIONER HENNING: That's what I understand. MR. ABBO: Yeah. And so however it is resolved into the Page 98 May 22-23,2007 future, our commitment still stands, whether it is a condition of the zoning or not. MR. PRITT: We thought that might be taken care of today with the other item that has been rescheduled to next week. If you'd like to have -- I hate to say this. If you can trust us for a week or until it comes back to you -- but you heard Mr. Abbo make the commitment for the donation. CHAIRMAN COLETTA: Wait, I'm a little lost on that. You're saying to withdraw the donation and then resubmit it in a week? Why would that be any different? MR. PRITT: No, no, I have -- no, that's not what we had in mind. If it's a concern that it be in and part of the motion or part of the PUD, our PUD, we don't -- we don't care how it's done. Obviously we would like to get everybody's vote, and we don't -- COMMISSIONER HENNING: You're not buying my vote, Mr. Pritt. That's what you're just about ready to say. MR. PRITT: No. CHAIRMAN COLETTA: Okay. MR. PRITT: No, that's not what I'm saying. We'd like -- we would like to have everybody happy with the PUD as it is. The voluntary contribution is something that is part of another item or was to be part of another item today, and we're happy to make that voluntary, voluntary donation. COMMISSIONER HENNING: You're client said -- CHAIRMAN COLETTA: I'm going to take just a minute here myself. Mr. Weigel? MR. WEIGEL: Yes, sir. CHAIRMAN COLETTA: Tell me what the difference is between the donations that are made for the right-of-ways and the donation that they have offered up willingly on their own completely separate from everything this commission's doing? Page 99 May 22-23, 2007 MR. WEIGEL: I think I'll have Ms. Student address it very specifically. MS. STUDENT-STIRLING: Thank you. For the record, Marjorie Student-Stirling. I reviewed materials on contract zoning lately, and it would be my opinion that this voluntary donation would not be contract zoning. Contract zoning occurs when a board, a local governing body, if you will, bargains away their police powers, not the subject of a public and advertised public hearing, but by maybe a separate contract or an agreement they might have with the developer that's not in, you know, subject to the same rigorous requirements that you have for an advertised public hearing. Here we have an advertised public hearing that's been duly noticed. We have issues with affordable housing in the community. It's voluntary. It's not an exaction. That may cast it into contract zoning if it were not -- a bit if it were not voluntary. So in summation, it would be my opinion that in this scenario, because it's voluntary especially, it wouldn't be contract zoning. CHAIRMAN COLETTA: Thank you. Commissioner Henning? COMMISSIONER HENNING: Well, when I put a voluntary donation, Ms. Student, part of a zoning action -- and Mr. Pritt alluded to, that we wanted every vote to count, what is that? MS. STUDENT-STIRLING: I can't speak to what may be in Mr. Pritt's mind. MR. PRITT: I'm sorry. I was making a different point, okay, and I apologize if I did not make it well. We would like to have our PUD approved. There is a question that was just raised about the voluntary contribution. We don't care how you handle that. It's a voluntary contribution. That's my point on that. Everybody who comes before you would like to have all of their __ have their applications approved, but that's a separate matter. And Page 100 May 22-23, 2007 so that was the source of that comment. CHAIRMAN COLETTA: Did any commissioner or member of staff here ask for this donation? MR. PRITT: No, sir, no, sir. CHAIRMAN COLETTA: Has it been extracted from you in any way, shape, or form? MR. PRITT: No, sir; no. CHAIRMAN COLETTA: Okay. Just wanted that for the record. How do my fellow commissioners feel about it? I'd say if somebody's willing to step up to the plate and make a donation to affordable housing on their own over and above everything else, same as the donations of right-of-ways that we receive all the time, that we should accept it. MR. PRITT: Mr. Chairman, may I add just one thing to that? Remember, this has to do with item 10M that -- this was in response to a provision that we thought you were going to have today that's a different item, has to do with your trust fund. And the -- so we're just advising you that that's -- we're happy to make that voluntary contribution. CHAIRMAN COLETTA: Well, I don't know how my fellow commissioners feel. COMMISSIONER HALAS: I would feel more comfortable once that's passed. So if you're willing to come forward after we get all the necessary problems taken care of and address the issues that we're -- that I guess obviously we're concerned about, after that time, if you're willing to do that, then so be it. That's how I stand on this. But at this point in time, since we don't have anything that really covers us or controls us, I would just as soon leave that off the table. But if you're going to make that donation after we get this item taken care of, that would be -- then I would go along with it, okay? MR. ABBO: Y eah. We have a particular concern about Page 10 1 May 22-23,2007 affordability in housing, and to us it's something that's dear to our heart. We work towards that. So we just felt that that was a good cooperative effort. Nevertheless, yes, we will commit to what you just stated where we'll come back later. COMMISSIONER HALAS: Until we get that item taken care of? MR. ABBO: Yes, sir. COMMISSIONER HALAS: Okay, great. CHAIRMAN COLETTA: Okay. So let's clarify the motion so that it stands as it is. COMMISSIONER HENNING: My motion is to approve, Mr. Chairman, with the Planning Commission's recommendations, also the dedication of right-of-way for Pristine within 30 days, and the road to be completed within two years of date of pool of the PUD amendment, and also the future right-of-way connection jointed in by the two parties, Prime Builders and Wolf Creek, LLC, jointly -- or separately donating 15 feet of right-of-way for the possible interconnection of Island Walk. CHAIRMAN COLETTA: Okay. Do you -- your second? COMMISSIONER HALAS: That's all in my second, right. CHAIRMAN COLETTA: Okay. One question. We shouldn't be taking the donation of the land. That wouldn't be right. Mr. Y ovanovich? MR. YOV ANOVICH: If I can, just one clarification. The discussion regarding the setbacks, I'm assuming, is part of the motion for the interconnection meaning that it would not be treated as a road right-of-way. There was discussion that Nick brought up for setback purposes. I just want to clarify that that's part of the motion. COMMISSIONER HENNING: That's part of the motion, and that -- you're talking about the future interconnection? MR. YOV ANOVICH: I'm talking about that future 15 feet, 15 feet. Page 102 May 22-23, 2007 COMMISSIONER HENNING: We don't -- we don't know whether that's going to happen or not, yeah. It's just the 15 feet, 15 feet. MR. YOV ANOVICH: And the second thing, you know, Commissioner Coletta, on the roadway dedication, it was part of the analysis of our traffic that that road would be there, so it's related to our project. The construction of Pristine Drive is, in fact, related to our project. So I'm not advising the county attorney, I have comfort from my client's perspective that we're not -- I mean, we're doing that because it's part of our transportation impact analysis. So there is a relationship between that requirement of our PUD and the like dedication. CHAIRMAN COLETTA: Okay. Any other comments? Any questions? (No response.) CHAIRMAN COLETTA: We've got a motion, we've got a second. All those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMANCOLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it unanimously. We'll see you back here in the near future. COMMISSIONER FIALA: Or in a minute, right, the next subject. CHAIRMAN COLETTA: That's future. COMMISSIONER COYLE: Right after this break. CHAIRMAN COLETTA: Yeah. We're going to take a break, 10 minutes. Page 103 May 22-23,2007 (A brief recess was had.) MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, Commissioners, you have a hot mike. Item #SC AN ORDINANCE ESTABLISHING THE FALLS OF PORTOFINO COMMUNITY DEVELOPMENT DISTRICT (CDD) PURSUANT TO SECTION 190.005, FLORIDA STATUTES. (THIS ITEM IS A COMP ANION TO ITEM RZ-2005-AR-7422 WOLF CREEK PUD) - DENIED Next item on our agenda is SC. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. This is a recommendation to consider adoption of an ordinance establishing the Falls of Porto fino community code district, CDD, pursuant to section 190.005, of the Florida Statutes. This item is a companion to item RZ-2005-AR-7422, Wolf Creek PUD. CHAIRMAN COLETTA: Fine. Take a minute and swear in those people that wish to participant in this agenda item. Please stand at this time. MR. PRITT: I might. (The speakers were duly sworn.) MS. FILSON: I have three speakers. CHAIRMAN COLETTA: I didn't mean to call you on it, but it seemed kind of unusual that you wouldn't be participating. Let's start with Commissioner Coyle. COMMISSIONER COYLE: Okay. I have had meetings with the petitioner and his agent, including Richard Y ovanovich, Larry Abbo, Will Dempsey, Rick Mercer, and Linda Socolow. I've had Page 104 May 22-23,2007 email from Will Dempsey and Rick Mercer. CHAIRMAN COLETTA: That concludes it? COMMISSIONER COYLE: That's it. CHAIRMAN COLETTA: Okay. No other emails, phone calls? COMMISSIONER COYLE: (Shake head.) CHAIRMAN COLETTA: Okay, fine. Commissioner Halas? COMMISSIONER HALAS: Yes, I've had -- in the past I've had meetings with the petitioner, also had meetings with the staff, had correspondence, emails, and phone calls in regards to this subject. Thank you. CHAIRMAN COLETTA: I also met with the petitioner, his representatives, had meetings, correspondence, emails, and phone calls. Commissioner Fiala? COMMISSIONER FIALA: Yes. Although I met with the petitioner and his agents and had correspondence, I don't think any of them are related to the CDD actually, but I'll put them all on the record anyway. COMMISSIONER HENNING: Mr. Chairman? CHAIRMAN COLETTA: Yes. COMMISSIONER HENNING: This was on our agenda previously. That's the only correspondence that I had. CHAIRMAN COLETTA: Okay. Please continue. MS. KENDALL: Okay. For the record, Marcia Kendall, Comprehensive Planning. This CDD was initially submitted back on December 13, 2005, by Prime Home at Portofino Falls, LDC, a Florida limited partnership by and through their undersigned representative, vice-president Larry Abbo, of Prime Home Builders. A mandatory 15,000 application fee was submitted with the original petition. This petition was previously presented to you on October 24, 2006, without the 20-acre rezone and is, therefore, back Page 105 May 22-23,2007 before you today for your consideration. And just to add to that, the petition was readvertised four successive Sundays prior to this hearing, and a letter was requested by staff and received from the petitioner that states the submitted petition remains true and that the consent of the property owners within the boundaries of the proposed CDD also remain true. Should you have any questions, I'll be happy to answer them, or the county attorney. Otherwise, we'll turn the floor over to the petitioner's representative, Sue Delegal and Larry Abbo. CHAIRMAN COLETTA: Please, have the presentation from the petitioner. Continue. MS. DELEGAL: Good afternoon, Mr. Chair, members of the commission. My name is Susan Delegal, and I do represent the petitioner here before you on the public hearing in connection with the petition for creation of the community development district, and I have been sworn. As has been indicated, we have worked with staff for a considerable amount of time to create a petition that meets the statutory requirements of chapter 190 Florida Statutes, and it's going to provide for certain infrastructure within the CDD, particularly drainage, which is stormwater management and a lake system, which will be owned by the CDD and also managed by the CDD. Additionally, a water distribution system and a wastewater collections system, which will be -- which will be constructed, funded and constructed, by the CDD and then turned over to the county as part of the county's facilities at no cost. Additionally, there will be a right-of-way and open space in connection with the maintenance of the district. We anticipate a project of approximately seven and three-quarter million dollars to fund these infrastructure components for the residential area that you have just approved, and we believe that it meets all of the statutory criteria. Page 106 May 22-23,2007 And we have included in our petition our various members of the initial board of supervisors, one being a resident of the district that already is there. We're certainly here to answer any questions but request that you authorize the preparation of the ordinance to create the special -- the community development district and to affirmatively respond to our request. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: Yes. I have a couple of questions. I believe that there's going to be about 490 residents in this location, is that correct, on this 69 acres? MS. DELEGAL: There will be 490 dwelling units, townhouse units, within the CDD currently -- currently planned. COMMISSIONER HALAS: These are townhouse units? MS. DELEGAL: They are. COMMISSIONER HALAS: Can you tell me what the average price of these townhouse units would go for? MS. DELEGAL: I'm going to have to defer to Mr. Abbo. MR. ABBO: Yes, if I may. A pleasure to be before you once agam. This community began selling in the 300s. COMMISSIONER HALAS: Three hundreds. MR. ABBO: And it sells from the 300s -- low 300s to the low 400s. COMMISSIONER HALAS: Okay. So you're looking at a cash outlay here of about $7.7 million, 7 and a half million? MR. ABBO: Those are only the improvements that are considered public improvements, yes, sir. COMMISSIONER HALAS: Okay. Don't you think these would be an added burden to those residents in these price range? I mean, we're talk 300,000, and we're looking at that gap housing. MR. ABBO: That's correct, sir. Page 107 May 22-23, 2007 COMMISSIONER HALAS: Okay. So we're looking at, on top of county taxes, they're going to have to also pay this CDD tax. MR. ABBO: We have done extensive analysis of this because we use CDD's throughout the State of Florida and multiple communities of this similar price range and less. And what we have found is that it actually gives them a great benefit. And in large part, the CDD, as the community matures, allows them the opportunity to access capital markets to make improvements that otherwise would be unaffordable through special assessments. So what we have also found is that where we can have a savings of improvements that we would otherwise fund directly, we can make an equal adjustment to purchase price with unmarked up dollars, so no developer profit or anything of that nature. And that is a direct deduction on price. COMMISSIONER HALAS: But I think what you're doing is you're burdening the individual homeowners. If I figured it out correctly, it's about 15,000, $16,000 per household; is that about right? MR. ABBO: The number sounds close, whether it's exact or not, I'm not certain. But I will say that it does not burden them that amount. It only -- it only goes with the land. And for however long they live in that home, they pay a portion, which is a great advantage over paying an extra $15,000 at the time of buying the home. COMMISSIONER HALAS: So can you tell me what the assessment of each of the homeowners is going to be? And I'm sure that these CDD's go up over a period of time. So I got two questions there. MR. ABBO: No. Actually the debt service portion of the assessment is a fixed amount, and I can tell you what that is. The maintenance portion, however, is a budget that's reconsidered year over year through the same process you're following now under the sunshine laws, and that is estimated right now on a total annual assessment of 1,750 for both items, for both maintenance and debt Page 108 May 22-23,2007 service. COMMISSIONER HALAS: That's starting out 1,050, you said? MR. ABBO: One thousand 750. COMMISSIONER HALAS: One thousand 750? MR. ABBO: Yes, sir, per year. COMMISSIONER HALAS: And the property taxes are probably going to be around 2,000, I would say, 2,500. MR. ABBO: I think that's a good guess, yes. COMMISSIONER HALAS: Okay. MR. ABBO: Yes. COMMISSIONER HALAS: So that's quite an added burden when we're trying to get gap housing. MR. ABBO: That's deducted from their mortgage, sir. As a matter of fact, what we're doing is we're accessing -- we're selling bonds right now from somewhere around 5 and a quarter, 5 and a half percent long-term debt in the markets, and they can't access a mortgage with that amount. What I'm saying why, and just to clarify why it's deducted from the mortgage, because should we have this approval today, it is normal for us to make an adjustment on price of a similar amount of what we otherwise would have incurred in cost. And that is the intent of this vehicle. And so if they live seven years for -- in this home, they pay seven thirtieths of the total debt, and they don't pay the full $15,000. Now, that would otherwise be financed by a mortgage. COMMISSIONER HALAS: So tell me what the -- what the average price of 300,000 -- MR. ABBO: Yes. COMMISSIONER HALAS: -- what would be the mortgage payment then, including their CDD, per months? COMMISSIONER FIALA: And maintenance. MR. ABBO: And I'm going to just have to guess. Page 109 May 22-23, 2007 COMMISSIONER HALAS: And the maintenance. MR. ABBO: I'm sorry? COMMISSIONER HALAS: And the maintenance. MR. ABBO: I'm going to guess that it's in the mid 3,000s, $3,000, 3,500, something like that. COMMISSIONER HALAS: And this is gap housing? MR. ABBO: Well, I'm not representing that this is gap housing. I'm simply saying that this is a much more affordable project that (sic) most anything that's being built around us. But I'm not making a presentation for gap housing. COMMISSIONER HALAS: Well, when you tell me that we have -- that your pricing -- the first question I asked you was the pricing of your units. MR. ABBO: Yes. COMMISSIONER HALAS: Because this is multifamily. MR. ABBO: Yes. COMMISSIONER HALAS: It's basically two- and three-bedroom condos. MR. ABBO: Right. COMMISSIONER HALAS: Okay, that you're going to sell. And so you -- you're here today -- MR. ABBO: Some are four. COMMISSIONER HALAS: Pardon? MR. ABBO: Some are even four bedrooms, yes. COMMISSIONER HALAS: Well, but you're here today asking for a CDD-- MR. ABBO: Yes, sir. COMMISSIONER HALAS: -- in regards to addressing this housing issue or this project that you want to build. MR. ABBO: Correct. COMMISSIONER HALAS: And you have basically a $7.7 million price tag on this that you want the residents to pay for Page 110 May 22-23, 2007 basically to offset this. And my concern is, we're looking at $300,000. That's what we consider, in our area here, gap housing. MR. ABBO: Okay. COMMISSIONER HALAS: So that when we're looking at trying to mortgage units for people to live in, we're hoping that there's not a lot of added cost. But you already are going to add cost to this gap housing through a CDD and through maintenance fees, and the maintenance fees, they're going to -- they can rise over a seven-year period. MR. ABBO: We -- the way we see it, we're not adding cost. As a matter of fact, I assure you that an equal amount of cost that gets deducted from our line items gets credited of a sale price when we sell a home. So I respectfully disagree with that. As a matter of fact, we're giving them the ability -- and again, it seems as though I didn't say it clearly. Ifwe have a benefit of$12,000 from a CDD, it is our experience and it is our intent to deduct an equal amount from the sale price. So our base price of our homes will be lower tomorrow if a CDD is approved. I think this is a huge benefit. And from a planning perspective, if I can share with you our experiences in other communities who have been -- which have been maturing over the years. The board understands that they have the ability to create improvements whether it is drainage that needs work 20 or 30 years from now or re -- well, repaving in this case is not something that's within what we're asking for -- but like improvements, embankments that need improvements, water systems or sewer systems that need improvements. They have a source without adding anything to their monthly payments to access hundreds of thousands of dollars. And that is a huge planning tool for them. COMMISSIONER HALAS: So you're telling me that the $1,750 will be deducted off of the sale price of the home? MR. ABBO: Oh, no, sir, more than that. Actually the present value of that. So if the benefit for us is $10,000 for the issuance of Page III May 22-23, 2007 those bonds to pay instead of us, we will deduct an equal amount on the sale price, absolutely. And that allows them to finance at what is now a market rate of 5.25 or 5.5 percent and not have to pay it in full. Only pay during the period that they live within the home. And that -- that is what we have been doing in many other communities that I can give you examples of. COMMISSIONER HALAS: Okay. Thank you very much, Chairman. CHAIRMAN COLETTA: You're welcome. MR. ABBO: Thank you. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Sir, you're not building gap housing. You're building market rate. MR. ABBO: I'm sorry? COMMISSIONER HENNING: You're building market, right? MR. ABBO: Yes. COMMISSIONER HENNING: So whatever the market -- MR. ABBO: There's no -- there's no restriction on pricing on the community that we're building, no. COMMISSIONER HENNING: Yeah, but whatever the market will stand, that's what you're going to sell it for? MR. ABBO: That is what we have been selling for, yes. COMMISSIONER HENNING: Yeah. So you already have existing contracts -- MR. ABBO: That is right. COMMISSIONER HENNING: -- on the units? Are they aware of -- MR. ABBO: Absolutely. We have full disclosure within our contracts. I have copies for you. We provided them to staff. We also have them sign an acknowledgement at closing, and it is within their deed recorded. So not only they are on notice, but anyone who comes Page 112 May 22-23, 2007 after them has constructive notice. COMMISSIONER HENNING: So we all know that 190 gives you an opportunity to bond for public infrastructure. MR. ABBO: Yes, sir. COMMISSIONER HENNING: How do I get to enjoy that when you build it? MR. ABBO: Well, it's the extension of things like what we were discussing in our previous hearing, Pristine Drive and all of those improvements that we are building for public benefit. COMMISSIONER HENNING: Okay. So that's part of building Pristine Drive? MR. ABBO: It can be, yes. It is a -- it is a permissible financing COMMISSIONER HENNING: So it may build Pristine Drive? MR. ABBO: We definitely build Pristine Drive. How much of it financed -- let me clarify. There are not enough monies generated through our intended bond issuance to cover all of the development costs. So it is rather subjective whether it builds all of it or part of it. We have to fund -- deficit fund the entire difference. COMMISSIONER HENNING: But it's going to build the stormwater? MR. ABBO: Yes, that's correct, water and sewer. COMMISSIONER HENNING: Water and sewer. MR. ABBO: Yes, and roadways outside of any gated areas. No walls, no gates, no clubhouse, no -- anything like that. COMMISSIONER HENNING: Walls outside of the community then. MR. ABBO: Nothing of that nature, sir. COMMISSIONER HENNING: So it's not going to fund any roads inside of the community? MR. ABBO: No, it's not. COMMISSIONER HENNING: Okay. But the stormwater, it's Page 113 May 22-23, 2007 going to? MR. ABBO: Yes, sir. COMMISSIONER HENNING: Okay. How do I get to access that? MR. ABBO: Well, we are making that representation through the engineer's cost estimates, and we have to operate under the sunshine laws, advertised meetings, board of supervisor, and the whole. It really is much more monitored and much more restrictive than something like an HOA or a condominium association that wouldn't have that oversight. COMMISSIONER HENNING: Right. MR. ABBO: So we make that commitment here and now. COMMISSIONER HENNING: So how do I get to enjoy this public infrastructure, the water retention area? MR. ABBO: Well, for example-- COMMISSIONER HENNING: Can I go fishing out there? MR. ABBO: Well, for example -- no, this is -- these lakes, the insurance companies usually don't allow us to fish, but -- COMMISSIONER HENNING: Okay. MR. ABBO: But this -- these lakes service other communities in the area through interconnection, sir. And as a matter of fact, we are interconnected with Island Walk next door to us. There is drainage issues, and we have the engineer here who can tell you a little bit about that. COMMISSIONER HENNING: Great. MR. ABBO: But all of that serves a public purpose. COMMISSIONER HENNING: Yep. Commissioner Halas is starting to get CDDs and what they're all about. CHAIRMAN COLETTA: Well, let's go to Commissioner Fiala. COMMISSIONER FIALA: No, I'll skip for now. They've asked a lot of the questions. I'll wait. CHAIRMAN COLETTA: Okay. I'd like to call Nick Page 114 May 22-23,2007 Casalanguida up, ask him some questions. MR. WEIGEL: Mr. Chairman, while he comes up, county attorney here. Mr. Abbo swore in on a prior item. I believe he did not swear in on this one, so he can either be sworn in again or just acknowledge that he's still under oath. COMMISSIONER HENNING: Well, I'd rather acknowledge he's still under oath. MR. WEIGEL: That would be fine. MR. ABBO: I acknowledge that I'm still under oath. MR. WEIGEL: Okay. Thank you. CHAIRMAN COLETTA: Nick? MR. CASALANGUIDA: Yes, sir. CHAIRMAN COLETTA: What's transportation's concerns with this CDD? MR. CASALANGUIDA: I think if interconnection is outlined in the PUD prior, is not restricted by the CDD, we would not have any concerns. Pristine will remain a public road, Wolfe Road would remain a public road, and that interconnection would not be gated and, therefore, transportation would not have any concerns with the CDD. CHAIRMAN COLETTA: As long as it isn't a gated community? MR. CASALANGUIDA: That interconnection isn't gated. The internal project that Mr. Abbo is working on can be gated to Pristine. CHAIRMAN COLETTA: Okay. I understand. Thank you very much. MR. CASALANGUIDA: You're welcome. CHAIRMAN COLETTA: Let's go to Commissioner Halas then come back to Commissioner Fiala. COMMISSIONER HALAS: I think Commissioner Fiala was first. CHAIRMAN COLETTA: Okay, that's fine. COMMISSIONER FIALA: Here's the problem I have. MR. ABBO: Of course. Page 115 May 22-23, 2007 COMMISSIONER FIALA: You're talking about the price range, $300,000. Right now I'm just watching one go up. We never approved it here on this commission, but it's Sierra Meadows. It's right on Rattlesnake Hammock Road. Their prices start at $300,000. Maybe just a little bit lower, as a matter of fact, and they never asked for a CDD. They're just putting in their infrastructure as is without ever coming to us and asking us for a CDD. The CDDs we have dealt with, in some cases, have really lent the new residents quite a problem and additional expense, and I'm very concerned about that. MR. ABBO: I understand that. As I outlined before, I don't think that everyone who uses these vehicles uses them the same way that we do, and we think that we use them very properly. I almost find that that community you just named has a disadvantage over this one if this one were to have a community development district approved in that, again, rolling forward 30 years or even 20 or 10 -- we have some communities that six years later, the board of supervisors is in total control of the -- or the residents within the community are in total control of the board, and they decide that there is an improvement that they desire that was not originally contemplated within the development plans. Again, whether it's preserve improvements or anything of that nature, lakes, or anything that can be considered public improvements and -- or they may come to you, as an earlier petitioner did, and ask for special powers to build something. At that time you can consider that we are not asking for those special powers because we do not intend to include that within our community development process. But over the years, they will amortize this bond, and all they have to do is refinance it and be able to extract whatever they have paid down from their own funds without modifying their annual payment of the debt service, which, in turn, allows them access to, May 22-23, 2007 again, as I said before, a couple hundred thousand dollars or even millions of dollars, depending on how much time is -- happens from the point of issuance to their time of refinancing -- to make these improvements, which I'm encouraged to say, have to be under the supervision of an engineer or an attorney -- and an attorney and a number of other very responsible parties for oversight. COMMISSIONER FIALA: Well, I understand that, but a lot can be built before there's a resident ever on the CDD board, and I've dealt with a couple communities that have been dealing with extra things put on the backs of the CDD that actually didn't benefit them at all, actually wasn't even in the perimeters of their particular CDD. MR. ABBO: Right. COMMISSIONER FIALA: And that does happen. MR. ABBO: Yes. COMMISSIONER FIALA: I've never seen a house lowered in price yet that had a CDD, so-- MR. ABBO: If you approve of this today, I will assure you that tomorrow the pricing would be different, so -- and I would be happy to show that to you. It is our intent, it is the way that we do business. We see great benefit in community development districts. Frankly, from a city or county perspective, I think it's going to prove to be a higher level of maintenance for these communities and also a higher level of responsibility for the boards that are running these kinds of things. So I think you will see over time -- as a matter of fact, there was an FlU report that was prepared last year for -- at the request of a county in the State of Florida that compared communities with and without community development districts and recommended that it was for the benefit of the community. That was at the -- that was commissioned by Dade County, to give you an example. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: I'm surprised that in our executive Page 117 May 22-23,2007 summary there wasn't a breakdown of what the -- if we decided to approve this, what the cost benefit factor would be for the residents moving in there. There's nothing in our executive summary in regards to that. MR. ABBO: Well, all of the items that we have to present have __ are outlined in chapter 190, and we're fairly consistent with those applications. COMMISSIONER HALAS: Well, I don't have chapter 190, okay? MR. ABBO: No, no, no. I understand. And your question -- COMMISSIONER HALAS: You're telling me that you're going to lower the price -- if we approve this CDD, that you're going to lower the price of the homes. MR. ABBO: That's correct. COMMISSIONER HALAS: Well, it would have been nice if you put that in our executive summary saying, okay, if you don't approve this CDD, here's what it's going to cost the residents, if you approve this CDD, here's what the cost-- MR. ABBO: I understand. COMMISSIONER HALAS: -- is going to be of the residents, and here's how much we're going to knock off the price of the homes and here's a breakdown of the relationship that they've got to pay for the CDD versus pay for the mortgage rate, okay? MR. ABBO: The reason it's not in there, if I may -- and it's because it's the way that we operate but not the way that the state requires it to be presented. We would be happy to do that. But as far as the amount, the present value, you are correct in that it is in the 15,000 range; however, it is dependent on how much it has sold for as an interest rate variable when it's sold -- when the bonds are sold to the market. So the present value will be determined at that time. COMMISSIONER HALAS: Maybe, maybe I didn't -- maybe I Page 118 May 22-23,2007 didn't -- wasn't clear enough. What I'm saying is, you told -- you basically said that those homes were somewheres between 300- and $400,000. MR. ABBO: That's right. COMMISSIONER HALAS: You talked about how many bedrooms there were going to be, and so on. MR. ABBO: Yes. COMMISSIONER HALAS: But in our executive summary -- MR. ABBO: Yes. COMMISSIONER HALAS: -- there wasn't a breakdown because you brought out the fact that if we approve this CDD, you're going to drop the price of the home. MR. ABBO: That's correct. COMMISSIONER HALAS: What I wanted to see is the difference in the price of those homes. MR. ABBO: Okay. It is about $15,000. The exact amount to be determined upon issuing of the bonds, based on the interest rate. Of course, it's a time value of money calculation, and to get the present value, we've got to get the exact factors. But it will equal the exact amount issued, so it is directly proportionate to the assessment. CHAIRMAN COLETTA: No offense, but I don't know where we're going with this. This is a free market issue. I don't want to dictate what the price of these homes are going to be. The consumer out there is going to come across. With the market the way it is today, if they're not price competitive, they're not in the market. MR. ABBO: That's right. CHAIRMAN COLETTA: It's not like they're the only show in town, and if they go ahead and they pad this thing on the high end so that their CDD's included in it and they can make full profit off the house, then they're going to have advantage over the consumer. The consumer out there has a tremendous amount of choices to make, and just about every maker of homes today has dropped their prices Page 119 May 22-23, 2007 because of the fact as such. I really don't see where this is such an issue. And that wasn't in the form of a question. It was a statement. COMMISSIONER HENNING: It was a motion, wasn't it? CHAIRMAN COLETTA: Okay. Motion -- I'm sorry, no. We've got to open the public portion of this agenda, and we have one speaker. MS. FILSON: Yes, sir. Henry Nardone. MR. NARDONE: I waive it. CHAIRMAN COLETTA: Come on. You're supposed to get up and speak. No, just kidding. Okay. So let's close the public portion of the meeting and go back to -- MR. ABBO: May I say one more thing? CHAIRMAN COLETTA: Yes. MR. ABBO: It's short. This is very much in line with keeping the prices as affordable as possible from our perspective. Weare doing whatever we can to lower our prices today because sales are very difficult to come by. The market is a difficult place. This does give us an advantage up front to be able to have them, instead of paying $15,000 additional to the purchase -- whatever the purchase price is, you're correct. But it behooves us, since we give them full disclosure at the time of contract, they're making an informed decision that it includes the CDD and what the assessments are. We did submit a copy of our contract as part of the submission so that you could see the type of disclosure that we do above and beyond what's required of chapter 190. So there's no question from a competitive standpoint. CHAIRMAN COLETTA: Motion to approve. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: Motion to approve by Commissioner Coletta and a second by Commissioner Coyle. Page 120 May 22-23, 2007 Discussion? Commissioner Henning? COMMISSIONER HENNING: Okay, thank you. I'm not going to support the motion based upon the findings. Number three, it says where the land within the district is significant in size. You know, this is -- has to be -- it's definitely the smallest CDD, if approved, in Collier County, if not the State of Florida. Number four, the district is the best -- whether the district is best to -- alternative available to deliver community development services and facilities. Well, you know, it's such a small project, and the surrounding communities don't have CDDs, and they have all their infrastructure. So those are the reasons I can't support it. CHAIRMAN COLETTA: Okay. And if! may, the only argument -- whether it passes or not's almost immaterial. They're still going to build the project. It's just that the cost of it will be on the front end and it will be part of the mortgage that they'll pay for it. This gives them the ability to be able to stretch the cost over 30 years and stays with the land. COMMISSIONER HENNING: And there's no guarantee that those residents will see a reduction in those units. CHAIRMAN COLETTA: No, that's true. There's no reduc-- there's no guarantee that you'll see a reduction in price. You might see an increase if the market goes forward. It's called a free market. Be it with the CD (sic) or without the CD, the market's going to be what it is. Unless this is low-cost housing that you're going to agree to the price ahead of time and they've got special incentives to be able to keep those prices where it is, it's going to float. It's going to float with whatever the market is. So I mean, it's almost immaterial. It's just, it puts a little bit more of the load on the front end that they have to carry in the mortgage and pay the interest on. So whatever we decide here today, I'm sure everything's going to Page 121 May 22-23, 2007 go forward. Any other comments? (No response.) CHAIRMAN COLETTA: Hearing none, all those in favor of the motion, indicate by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER FIALA: Oh, I'm not. I am not in favor of the motion. CHAIRMAN COLETTA: Okay. Let's try again. Start over fresh. All those in favor of the motion, in a very loud and -- voice, say aye. Aye. COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: Okay. I think you spoke up for Halas. Those opposed say aye. COMMISSIONER HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Okay. The motion fails 3-2. So you've got some direction to go with. MR. ABBO: Thank you. Item #10C THE COUNTY MANAGER'S ZONING DEPARTMENT STAFF WOULD LIKE DISCUSS WITH THE BOARD OF COUNTY COMMISSIONERS, THE IMP ACTS OF THE CURRENT Page 122 May 22-23,2007 REQUIREMENTS OF THE LAND DEVELOPMENT CODE AS THEY RELATE TO THE MIXED USE PROJECT (MUP) APPROVAL PROCESS PERMISSIBLE IN THE BA YSHORE AND BA YSHORE TRIANGLE OVERLAY ZONING DISTRICTS, SPECIFICALL Y AS THEY RELATE TO THE ARBORETUM VILLAGE PROJECT WHICH WAS APPROVED BY THE BOARD OF COUNTY COMMISSIONERS ON SEPTEMBER 12, 2006. THEY ALSO REQUEST AFFIRMATION THAT A 3 OR MORE YEAR TIME FRAME FOR PHYSICAL CONSTRUCTION OF THIS PROJECT, AS NOW PROPOSED BY THE DEVELOPER AND AS EVIDENCED BY THE INITIAL SDP SUBMITTAL FOR ADMINISTRATIVE REVIEW, DOES NOT CONFLICT WITH THE INTENT OF THE BOARD WHEN THEY APPROVED THIS PROJECT IN TERMS OF THE AWARDING OF DENSITY BONUS UNITS, AND FURTHERMORE THAT IT DOES NOT CONFLICT WITH THE BOARDS POTENTIAL PLANS TO BUILD A PARKING GARAGE IN THE BA YSHORE REDEVELOPMENT AREA AS DISCUSSED AT THE PUBLIC HEARING APPROVING THIS PROJECT - MOTION TO TAKE NO ACTION - APPROVED MR. OCHS: Commissioners, the next item is 10C. County manager's zoning department staff wishes to discuss with the Board of County Commissioners the impacts of the current requirements of the Land Development Code as they relate to the mixed-use project approval process permissible in the Bayshore and Bayshore Triangle overlay zoning districts specifically as they relate to the Arboretum Village project, which was approved by the Board of County Commissioners on September 12, 2006. Staff also requests affirmation that a three or more year time prior because of construction of this project is now proposed by the developer and as evidenced by the initial SDP submittal for Page 123 May 22-23,2007 administrative review, does not conflict with the intent of the board when they approved this project in terms of the awarding of density bonus units, and furthermore, that it does not conflict with the board's potential plans to build a parking garage in the Bayshore redevelopment area as discussed at the public hearing approving this project. And Ms. Susan Murray Istenes, your Zoning and Land Use Director, will present. MS. ISTENES: Good afternoon, Commissioners. Susan Istenes. As Mr. Ochs referenced, this is in reference to the mixed-use development plan or the MUP process, particularly the Arboretum Village project that the board approved on September 12,2006. I have the master plan as part of the MUP process that you approved. That was attached to the resolution up on the visualizer now so you can see what was approved. And it is located at the northwest comer of Bayshore Drive and Thomasson Drive in the Bayshore Gateway overlay zoning district. I'm coming before you today because staff believes that the development of the project is not progressing as expeditiously as the board and the staff was led to believe when the project was heard by the board on -- and approved on September 12th. The requirements of the Land Development Code require that the petitioner submit a Site Development Plan within six months of approval, and we have received the initial Site Development Plan, and I'd like to put that on the visualizer now. I'll explain it in just a minute, but let me give you a little background. The initial SDP that was filed by the applicant as required will only authorize modification of an existing lake, which I've shown in blue. There is an existing lake out there, and the developer will be required to modify it in order to meet their water management district requirements, and that modification, essentially, shows the lake split in half. They'll do some modification to the bank Page 124 May 22-23, 2007 as well, and the elevation so they can meet their water district management requirements prior to development. And the construction of a driveway leading to an existing building which will act as a sales center, and that's what is highlighted in pink. Everything else shown on that development plan is shown as future, which means that, as submitted, this will not authorize the construction of buildings or internal site circulation. Why we're concerned is the application for the MUP indicated that this would be a phased project but also implied that there would be some construction of buildings at the initial phase, and that is not the case per this SDP. Approvals to authorize the construction of internal site circulation and building construction will require multiple future amendments to the initial SDP. And furthermore, the sales center was not authorized as part of the MUP approval. So the requirement for initial site development plan approvals to develop the project will obviously extend the development timeline. That's where staffhas its discomfort, because we believe testimony put on the record did not clearly explain that. The other concern is that, if you'll recall, 232 density bonus units from a limited density pool were awarded to this project, and it was staffs belief, based on the testimony put on the record, that it was the board's expectation that this project would spur economic development -- or redevelopment in -- I should say just redevelopment in the Bayshore area. Again, the fact that there's no buildings on this will result in an extended time line for development, and staff feels that it may not achieve the board's objective, and in staffs opinion, it was not anticipated when this project was initially approved. And I just want to note that a time line is not required for MUP approval; however, the developer is now contending with some representation that a vertical construction will not be available for Page 125 May 22-23, 2007 occupancy until late 2009. So we did receive a -- what I would call a very vague development schedule with the SDP. You did not get that with the MUP. And it is indicating that some representation of building -- it doesn't say the member of buildings or what type or anything -- should be available for CO in late 2009. And our concern was, I don't think that was really explained to you or to us at the public hearing. If I'm wrong, that's fine, and if you're comfortable with that, that's fine too. I just want to be able to have a conversation with you about it so you're not surprised later if you don't see activity in that area. The other concern is that the resolution that you approved requires that the applicant facilitate an agreement with you as the CRA board to construct a parking garage at the time of SDP submittal. That was the language that was in the resolution. This is the first SDP that is submitted, and an agreement was not submitted with this SDP that would give the CRA option to construct a parking garage. And per the resolution in the public hearing, you had two years to consider that option. So I don't feel that they've met the requirements for the parking garage that they agreed to with you at the public hearing. It's our opinion that the project as submitted will not meet the board's development timeline expectations and will encumber the awarded residential density bonus units which were thought of as tools to spur development in the area, or redevelopment. The other thing I want to mention is that the applicant may claim that the design of the project was delayed by the need to wait until the board approved the ability for the applicant to deviate from the Bayshore Gateway overlay development standards. If you recall, we amended the Bayshore Gateway development overlay, and then later came back and approved some deviations, or ability for the developer to deviate. So the MUP approval was granted in September 12th of2006, and the deviations were approved by the Page 126 May 22-23, 2007 board on December 14th of2006, so just about two months later. It's our position that the approval of the development standards in December did not cause a delay of the project. Lastly, I just wanted to point out that I'm not standing up here intending to point fingers or be objectionable to the project. I just strongly feel that what was put on the record and implied or conveyed -- and I do have some statements, both the verbal testimony and in the application that was submitted for the MUP process -- that leads me to believe and that I feel may have led you to believe that this project was ready to move forward with a substantial amount of development. And so what we're seeing after the fact is, I do not consider substantial amount of development based on what was presented. If you're comfortable with this, I mean, that's fine. What I had suggested as three options -- and I'll go ahead and put those up and I can explain them. I might need to read them. The first option is, essentially, you could do something. That would tell staff that the board is satisfied with the progress of the project to date and, furthermore, it doesn't conflict with the intent of the board when it approved the project and the LDC amendments for the MUPs. Again, if you decide to do nothing, that would tell us that the board does not take any issue with the fact that the application has not submitted -- or the applicant, I'm sorry, has not submitted any formal request for their consideration for the construction of the parking garage as well. Second as an option, you could request that the applicant come back to the board for approval of a detailed time line for the project and an agreement for the option for a parking garage. And a third option could be that you find the project out of compliance with the approved MUP resolution. And by not meeting the terms of the resolution, it is staffs position that the applicant will need to reapply to the BCC for a MUP approval both for the project and for the bonus density units. Page 127 May 22-23, 2007 I did put the minutes of your MUP approval meeting in your agenda package so you could recollect what happened that day. But I would also further recommend that, to prevent future issues with similar projects, that we suggest to you that the board might want to set policy direction at this meeting to require a detailed timeline for MUP projects to be submitted with future MUP applications and to direct staff to amend the LDC to include a development timeline for all MUP projects, if you desire, and that is just a suggestion. I know their applicant's representative is here. I'd be happy to answer any questions for you at this time or later. CHAIRMAN COLETTA: Yes, please. Commissioner Fiala has a question. COMMISSIONER FIALA: Being that I've never seen an SDP before, is that how they usually look? MS. ISTENES: Well, yes. Is that how they usually look? It-- no, not normally. Normally -- if it's a phased project, they will normally show the breakdown of the phases, and they may do, depending on how many buildings there are -- in this case there's 13 buildings. We may see a percentage, like 25 percent of the buildings if it's a large phased project. That's fairly typical. Phasing is not atypical. So, yeah, we commonly see phased projects. COMMISSIONER FIALA: Okay. Secondly, I just want to say, that was a good catch because I've been wondering where it was. I had understood there was an anxiousness to get this going and get this thing built, and when it came before us and it was going to have an element of essential service provider housing there that we were looking forward to -- in fact, that's why they wanted the extra densities. And it just seemed like everything was ready to go and then we've heard nothing more, so I'm very glad you brought this to our attention. I've been wondering what happened to it. On this thing it says, the request will have no impacts on Page 128 May 22-23,2007 affordable housing, but wasn't it supposed to include some? MS. ISTENES: The project was -- is going to build 35 gap housing units, and they were going to make contributions to the Affordable Housing Trust Fund, I believe, to the tune of about $325,000, was the amount that was put on the record. COMMISSIONER FIALA: Thank you. CHAIRMAN COLETTA: Okay. Hear from the agent of the applicant. Mr. Saunders? SENATOR SAUNDERS: Good afternoon. My name is Burt Saunders. I'm with the Gray, Robinson law firm, and here representing the developer, and also Michael Fernandez is here representing the developer. And Michael Bays is -- or William Bays is here also, and they may be able to talk to you a little bit about the timing of this, but let me -- I'm not sure where the board wants to go with this, but let me simply say that -- two things. The issue of phasing was never an issue that was in doubt. There's a document that was presented to staff and to the board members that you'll recognize, and in this document there are several references to the various phases of the project. On one page it's titled, Arboretum Village project unit price point phasing, summary schedule, and then it has phase one, phase two, phase three, and phase four. So the question of phasing I don't think was ever at issue. In addition to that document -- and there's several others, but I'm just going to point out two of them -- there is a mixed-use project plan, MUP submittal requirements. And in that, it says criteria for mixed-use project approval. And one of the questions deals with, 25 percent of the residential units within a mixed-use project shall be on gated roadways, and then there's a response that says, project phasing has been developed with consideration of many development factors, including but not limited Page 129 May 22-23,2007 to, permitting, land use, et cetera. Goes on to say, the entire Arboretum Village development is planned to be a phased construction with office and commercial space being built simultaneously with residential units. And it continues to say that -- in that same paragraph, neither the residential -- well, it says, neither the residential nor commercial structures shall be developed in the initial phase. And I want to point that out because there's never been any question that the first phase of this was going to be the issue dealing with the lakes and the roads, and it says specifically that neither commercial nor residential buildings would be in that first phase. They will be in the second phase. There was an issue of whether the developer has any anxiousness in terms of proceeding with this. I can tell you the develop has over $30 million out of pocket. They're going to be tearing down the existing rental facility out there. And the developer has every reason to move this project along as quickly as possible. They filed the first SDP for the first phase to get the horizontal infrastructure in so they could begin with the horizontal -- or rather the vertical construction. And then also, members, there was something that your staff said that I think is very important here. They have some discomfort because there's no fixed timeline. But your staff said, there is no requirement for an absolute fixed timeline. Now, ifthere was, we would have an absolute fixed time line, but that's not part of your requirements. Your requirements recognize that on a complex project of this size, phasing is not unusual. Your staff said phasing is not unusual. This particular SDP filing, though they don't like to, is not unusual. And if you'd like to hear from the developer in terms of his desire to move this along as quickly as possible, he is here to address that. And finally, there was a question concerning the parking garage. Page 130 May 22-23, 2007 You do have two years in which to make your election as to whether you want a parking garage there or not. The developer has absolutely no problem with the county taking longer than that to make your decision. It's your decision. If you want a parking garage there, there will be a parking garage there no matter whether you make that decision. So I think the point that I want to emphasize is that the developer has every reason to move this along as quickly as possible, he is doing everything he can to begin the horizontal infrastructure so he can begin the vertical construction. There is no requirement in your codes for a time line on any developer. So if you want to impose that at some point, then obviously that's something you can do. But that's not something that was part of this approval. And again, Mr. Chairman and members, there are representatives of the developer here to talk about the actual process and the actual timeline, if you will, in terms of when vertical construction will begin. And if I might, Mr. Chairman, it's my assumption that what the board will do today is basically number one of those three choices, which is really to do nothing but recognize that this is a phased project, as it has been represented to you and to your staff from the very beginning. CHAIRMAN COLETTA: Okay. Commissioner Halas? COMMISSIONER HALAS: Yes. I have some concerns because of the fact that when this was brought before us and you requested the added density, it was pretty much conveyed to me that this was moving at a very rapid speed, and I believe Mr. Fernandez made a statement to the effect that they were working with the architect, that they had everything almost put in place, but yet on the -- but yet on the SDP there's nothing there to show any relationship to that. And I think that was one of the things that, I know as -- I as a Page 131 May 22-23,2007 board member here, that's why I stepped up to the plate and basically said, yeah, we're going to go along with the added density because we were somewhat assured that this was going to be moving at a very rapid rate. And I have some concerns because I think that there was some discussions with the developer -- and I'll read from what I read here in my book, which is a part of the executive summary. Further discussions with the developer representatives after submittal revealed that the project will be phased with the construction of buildings to be approved and the possible commencement no sooner than two years from now, which would be late 2009, which is approximately three years after the plan was approved by the -- was approval by the BCC. Additionally, there were no provisions in the code that would allow the applicant to extend the SDP, approval of time line for a lengthy period of time by making nominal submittals to keep the SDP in review stage. I have some real concerns because I think there might have been some other people out there that might have wanted that additional density, and we should maybe have given it to them because I was under the impression that this was going to move along at a very rapid rate. So maybe you can relate to that a little bit. SENATOR SAUNDERS: Yes. Commissioner Halas, I'm going to have Michael Fernandez talk a little bit about what the developer's actual schedule is. I will assure you that engineering work and architecture work is progressing on the buildings that are part of this. I also would take -- I think would disagree that there's somebody else out there right now that would like to build those additional bonus units. I don't think that the market is there. I don't think that this project is holding up anybody else. But let me have Michael Fernandez talk a little bit about the speed with which the developer is progressing. COMMISSIONER HALAS: Well, what Mr. Fernandez brought Page 132 May 22-23, 2007 up at -- when the time this was before the board, it says, Mr. Fernandez -- they asked a question, where he was on this in regards to -- CRA has an architectural design, and I believe this was by Commissioner Fiala. I think you and I spoke about this in the past, and you're moving along in that direction to set the tone, therefore the area. Mr. Fernandez, absolutely. And as you know, one of the architects, David Humphrey, who you are aware of -- and we're working with him on the old Florida and West Indies combination look, and we're very happy with the way it's going at the time, which I think led me to believe that this was -- everything was laid out. Pretty much the concept was there on paper, but yet there's nothing there as far as the county is concerned as far as a Site Development Plan. SENATOR SAUNDERS: And I think, perhaps, Mr. Fernandez needs to explain a little bit about the process also. We do have that first phase Site Development Plan in place so we can begin the horizontal work. That doesn't mean that we're not proceeding to develop the structures. But we need to get the lakes in and the roads in before we can start building the buildings, and that's why we have that SDP in there now so we can begin that work. Perhaps Mr. Fernandez can -- COMMISSIONER HALAS: But the Site Development Plan does not show any buildings whatsoever. SENATOR SAUNDERS: And that's because we need to put the horizontal infrastructure in first, and that's what we're trying to do as quickly as we can. COMMISSIONER HALAS: No, no, no. The concept. The concept should be in a Site Development Plan. MR. FERNANDEZ: Commissioners, Michael Fernandez, for the record, representing the developer. You're absolutely right, Commissioner Halas. When I came up here before we were going full guns with architectural concept drawings, we had renderings of Page 133 May 22-23, 2007 specific buildings. We have two architects under contract working on different buildings. Weare actually progressing as quickly as possible in the process that we're working under. The MUP was approved in September. The deviation provisions that allowed us to put buildings within the project instead of right on the property line, and that was the major problem we had, were not approved until December. We have been waiting patiently, or impatiently, with staff to give us the requirements, submittal requirements, for the deviation ordinance application measures that will allow us to identify all the specific design criteria for the buildings and for the relationship to on-site features. Having said that, keep in mind that this is a redevelopment project. It's currently -- there's 200 apartments on that development right now. This is -- if! can place this on the overhead. This is the design and permitting timeline that we submitted to county staff with our SDP amendment. And a couple clarifications, because they misread some of the information. For instance, we're showing that we will actually start construction with the initial buildings or anticipating to do that next year, and that the first building will actually be occupied within three years, not we're starting construction within three years. But we've notified the residents that live in the apartments that they need to vacate in August. We're looking then at a demolition. And this SDP will allow demolition of those properties. We're going to be demolishing the major asset that still exists on this property, those 200 residential units. And believe me, the developer would not be moving forward with that unless he had the intent on moving forward with the entire project. That's a major financial asset that's producing revenue for him at this time. The lakes -- right now there's a six-acre borrow pit we're looking at reconfiguring, and that reconfiguration is exactly what was shown Page 134 May 22-23, 2007 to the square foot on the MUP master plan. In other words, we're very consistent with that design. Not only are we doing the lakes there, but we're also doing the other water management, pretreatment, and water quality features that are also part ofthat project. The SDP also includes extending a 12-inch water main underneath Bayshore from across the street. That's being permitted through the City of Naples, and that will serve for fire protection for the initial sales center, but also for the future infrastructure and the rest of the development. We're also showing that we'll be submitting for the second SDP in September for our schedule, and that assumes that we'll have the appropriate documents from staff so that we can submit those, and those will have our infrastructure drawings including the architectural design concepts for the initial buildings. This project has always been a phased project. In the application forms that were submitted in part of your packet it stated that -- it also stated that there's a four-year anticipated development program once construction commences. As you can see on that timeline, we're looking at -- and it shows there, both our work as civil engineers, landscape architects, but also the two architects working concurrently with us to develop their program. Those architectural design standard packets get submitted with the next SDP. It takes them approximately three months to finalize those drawings. They then take approximately five months in the review process from the county, and then we can start on the actual construction drawings. The client has expedited, quite literally, the process by concurrently looking at reviewing the construction drawings and the SDP, and that's the only way that he can actually achieve vertical construction starting in the fall of next year. So this is actually a very aggressive schedule that's been Page 135 May 22-23, 2007 proposed. We're looking at moving forward as quickly as possible. The lake construction was always dependent on the water table receding, which happens in November, which will be -- work and dovetail very nicely with the demolition of the existing units on the property. So I'd submit to you that we're right on schedule. It was anticipated to be in this format. We're actually only being delayed by the lack of forms and guidance that we need from staff relative to submittal requirements. COMMISSIONER HALAS: Can I ask one quick question? MR. FERNANDEZ: Sure. COMMISSIONER HALAS: With the added density bonus, you then stepped up to the plate and said 15 percent of this was going to be gap housing, which would be 35 units. When are we going to get the 35 units? MR. FERNANDEZ: Those 35 units are intended to be part -- as you may recall -- COMMISSIONER HALAS: Is it going to be the first units? MR. FERNANDEZ: No, sir. You'll recall that -- COMMISSIONER HALAS: Well, see, we got all this -- we got all this affordable housing that's out there, but we haven't -- nobody wants to build it right now. MR. FERNANDEZ: Right. If you'll recall, Commissioner, our design basically has stratified the price range from high next to Windstar to low next to the parking garage and commercial components that are the most incentive. We have shown you in the past a diagram or some information that shows how the dispersal of these units occur within the development and so that you don't have a concentration of those units in anyone location. And so they'll come on-line as the individual buildings come on-line. And right now, the first buildings that we're looking at Page 136 May 22-23, 2007 developing are the ones -- this color coded, and basically the -- what you're seeing is in the first phase, will consider, over here in that area. There's actually four pads that are labeled 2A through 2D. Two of those building pads will overlook the lake, two will be interior, and then there's actually a fifth pad, which will be the single residential-only development, and that will be the only gated element of the project that abuts Windstar. And that will be part ofthe first phase. In that first phase, there are some of those 15 percent units that we are talking about. But we're moving expeditiously in the permit process. If you think about it, with the deviations being approved in December of last year, we're only now in May. It takes approximately, staff, about five months to go through a review process for an SDP. That SDP was one sheet out of many sheets. And in fact, we would have submitted a lot more development. In fact, we've shared with staff the other development sheets that we would have submitted with the initial submittal except that the forms hadn't been generated that would have allowed us to do it. The -- so in our minds, we're moving very fast. We're looking at 12 months construction for the buildings. You're looking at two SDPs, that's 10 months. So you're looking at about 22 months, and that's right on line with our timetables. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Susan? MS. ISTENES: Yes. COMMISSIONER COYLE: Why isn't this governed by our sunsetting provisions? MS. ISTENES: It's not a PUD. This is -- COMMISSIONER COYLE: Why not? MS. ISTENES: Code doesn't say it should, I guess, is the easy answer. COMMISSIONER COYLE: Okay. Well, I guess that's the Page 13 7 May 22-23,2007 second problem I've got with this. I don't like the idea that the mixed use design -- and it's not going to affect this project, okay. MS. ISTENES: Okay. COMMISSIONER COYLE: Because it's been approved. But I don't like the idea that these mixed-use projects avoid the normal review procedures that we have for others. It avoids the Planning Commission review. I don't think it should avoid the Planning Commission. I think we -- I think we did that so that we could get mixed-use developments done faster, and we've apparently also apparently -- well, bypassed the sun setting provisions for mixed-use developments. Maybe that's something we should correct because what we're getting involved with here is a debate about when somebody should build something, but yet ifthey've got a PUD, they've got five years to begin to make acceptable progress on building the thing. So we're not -- we're not causing any difficulties for a PUD that is not building something this year or next year, but we are doing it for a mixed-use development. That doesn't make a lot of sense to me. And I understand how market conditions influence people's investment and building schedule. You can't get around it. It's -- you know, if I were a builder, I wouldn't be building anything right now either. It's really crazy. And the scary thing is, we might be in this down market for another two, three, four years. MS. ISTENES: Understood, Commissioner, and that's why I suggested the first option. Your staff just has a discomfort level with the testimony that was put on the record versus what was submitted with the initial SDP. And if you're comfortable with that, we're comfortable with it. The -- I do want to correct one thing, and I am not intending to get into the debate, but the SDP that was submitted does not authorize the roads to be constructed. They are labeled as future, and under our procedures, the applicant would have to come in and amend that SDP Page 138 May 22-23,2007 to take future off in order that they may pull permits and -- I just want to correct that for the record. Point well taken. If you wish us to do this through a different process, we can certainly take the board's direction and look at it, but COMMISSIONER COYLE: Well, with respect to authorization for the roads, is that something you can do administratively? MS. ISTENES: Yes, that will be through an administrative review process. My point is, it's just a longer time because you have to come in for another process. COMMISSIONER COYLE: Yeah, I understand. But look at it this way. We have 5,146 affordable housing units that we have approved. A little over 1,200 have been built. The other 4,000 or so, nobody's doing anything with them and we're not hassling anybody about it. I don't know why we singled out this particular development to get excited about it except it's different. It's a mixed-use development. MS. ISTENES: Honestly, just the gut feeling, Commissioner, when I read the minutes. And if you want to tell me to shut up and go take my seat, I'll be happy to do that because that will tell me that you're satisfied with the project and we'll be satisfied with it. That's it. It wasn't to single out or put anybody on the spot, you know. That was -- COMMISSIONER COYLE: Well, I think -- I think that kind of review is appropriate. I mean, if you've got a gut feel on something, I think you're right to share it with us -- MS. ISTENES: Okay. COMMISSIONER COYLE: -- because you're closer to these things than we are. All I'm suggesting is that we've got a lot of these hanging out there, and acceptable progress has not been made on any of those other affordable housing units, and I suspect it has to do a lot with market conditions. Page 139 May 22-23, 2007 MS. ISTENES: No doubt. COMMISSIONER COYLE: And I can't quarrel too much with people's reluctance to start investing a lot of money in a down market, as badly as we need these things. So I guess my feeling is, certainly require that they do the things that they should. If they have to get approval for the roads to do that, get it done administratively and let's see if we can't move along. But it -- in relation to all the other projects we have, I don't see that this one is causing us any more difficulty than the others, and in view of economic situations, I'm willing to be a little flexible. MS. ISTENES: Appreciate the feedback. CHAIRMAN COLETTA: What's your recommendations? COMMISSIONER COYLE: I recommend that we approve it, let it go, but get them in and make sure they get the administrative change for the PUD or the MUD (sic) to do the roads, if they're going to do the roads. MS. ISTENES: Oh, that will be handled through the Site Development Plan process -- COMMISSIONER COYLE: Okay. MS. ISTENES: -- which is administrative and you won't see that if -- COMMISSIONER COYLE: That's what I understand, but you've got to get it, right? You've got to get that done. MS. ISTENES: Absolutely. COMMISSIONER COYLE: Okay. CHAIRMAN COLETTA: So your suggestion is number one? COMMISSIONER COYLE: Yeah, yeah. I'm suggesting that we move ahead with it. Let it go, okay. COMMISSIONER HENNING: I'll second that. CHAIRMAN COLETTA: We have a motion by Commissioner Coyle, second by Commissioner Henning. Commissioner Henning, you're next -- Page 140 May 22-23, 2007 COMMISSIONER HENNING: Yes. CHAIRMAN COLETTA: -- or can we go to the speakers? COMMISSIONER HENNING: No. CHAIRMAN COLETTA: No, what? COMMISSIONER HENNING: Yes, I want to go. I want to speak. COMMISSIONER FIALA: Don't go to a speaker. CHAIRMAN COLETTA: Go. COMMISSIONER HENNING: I want to thank Mrs. Istenes for bringing this forward to get clarification. We really need to commend her for that. I mean, I've seen some crazy, crazy stuff, that I feel that should have came to us for an interpretation if that was our intent, so thank you. CHAIRMAN COLETTA: Fine. Open the public participation part of this -- MS. FILSON: I have one speaker, Mr. Chairman. David Jackson. CHAIRMAN COLETTA: He waved. Close the public petition part of this agenda. So was that in the form of a motion, Commissioner Coyle? COMMISSIONER COYLE: Yes, it was. Motion to approve. CHAIRMAN COLETTA: Okay. And we had a second by Commissioner Henning. And we're off and running. COMMISSIONER HALAS: Motion to approve -- CHAIRMAN COLETTA: We already got it. COMMISSIONER HALAS: No, no, no. CHAIRMAN COLETTA: Okay. Did you have a last comment? SENATOR SAUNDERS: Yeah, Mr. Chairman, Commissioners, I want to thank your staff, Susan, and Joe Schmitt; they've been extremely courteous in setting this up and accommodating my schedule. They've been nothing but professional. And I can assure you on behalf of the developer, his interest is in moving this thing as. Page 141 May 22-23, 2007 quickly as possible, and that's what you're going to see. And I appreciate the board working with us. CHAIRMAN COLETTA: Okay. Commissioner Halas would like you to restate the motion. COMMISSIONER COYLE: Okay. Commissioner Halas is right. There's nothing to approve or disapprove here. Our option really is to take no action. CHAIRMAN COLETTA: Okay. COMMISSIONER COYLE: And that's -- that's what I'm suggesting, we take no action. CHAIRMAN COLETTA: Okay. That's been clarified. COMMISSIONER COYLE: That doesn't mean we shouldn't take another look at it sometime in the future. COMMISSIONER HALAS: I think we should take a look at it in the future because when this was presented to us they asked for a large allotment of density, and we did this on -- I did it anyway, on the auspices that this was going to move forward very rapidly and that we were going to address the issues of affordable housing. And I realize that there has been a change in the economic climate, but I would still think that we need to make sure that this moves on. CHAIRMAN COLETTA: We start repeating ourselves all over again. Let's take a vote on the motion, move on to the next item. We've got a long ways to go to finish the day. COMMISSIONER HENNING: Amen. MS. ISTENES: May I just get clarification? You mentioned your displeasure with this process not involving the Planning Commission. Is that something you wish us to look at? COMMISSIONER COYLE: I personally would. I would like to see these things go through all of the planning review processes, but let's do it quickly, you know. Let's try to speed them up. MS. ISTENES: We've only approved one other, and that was Treviso Bay. And there is the six-month time limit on here to submit Page 142 May 22-23,2007 the SDP. I don't know if! made that clear, so there's somewhat of a time limit. But once you get past the initial SDP, things can be drawn out. Do you wish that I look at, perhaps, requiring some sort of sometime schedule you all could look at as part of the application process when it comes before you for approval? COMMISSIONER COYLE: I think that would be a great idea. MS. ISTENES: Okay. COMMISSIONER COYLE: Now, in those cases where, as Commissioner Coletta -- or Commissioner Halas has pointed out, where we granted some additional density bonuses essentially here, the point is, we don't have anybody else clambering for those right now for -- to do anything with. If somebody comes in next year and nothing's been done with this project and they've got a project they'd like to do and they're going to do it fast, I might want to revisit all this, okay, but I don't see that happening right now. And I think our executive director will tell you the same thing. MS. ISTENES: Very good. Thank you. CHAIRMAN COLETTA: Thank you. Okay. All those in favor of the motion, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it. Thank you. SENATOR SAUNDERS: Thank you, Mr. Chairman, Commissioners. CHAIRMAN COLETTA: Thank you. Page 143 May 22-23, 2007 Item #10D AN INTERIM REPORT FROM THE HABITAT CONSERVATION PLAN ADVISORY COMMITTEE AND PROVIDE THE COMMITTEE DIRECTION FOR FUTURE EFFORTS - APPROVED W /STIPULA TIONS MR. MUDD: Commissioner, that brings us to 10D, which is a recommendation that the Board of County Commissioners accept an interim report from the Habitat Conservation Plan Advisory Committee and provide the committee direction for future efforts. And Mr. Bill Lorenz, your Director of Engineering and Environmental, Community Development. MR. LORENZ: Not quite yet, but-- MR. MUDD: Did I get it all together? MR. LORENZ: Right. MR. MUDD: Okay -- of community development's environmental services will present. MR. LORENZ: Yes, thank you. Bill Lorenz, Environmental Services Director. The purpose of this -- the purpose of this agenda item is to bring to the board an interim report of the Habitat Conservation Plan Advisory Committee and essentially cover two basic points. One point that the committee is looking at in terms of a geographical area of a habitat conservation plan, or an HCP, which would be the Immokalee designated area, and secondly would be to request some clarification from the board regarding looking at alternatives to an HCP simultaneously with evaluating the feasibility of an HCP, and I'll cover the details of that just in my presentation. I'm just going to give a very brief presentation. Maureen Bonness is here. She is with the advisory committee. She would provide some additional clarifications and information after I speak, Page 144 May 22-23, 2007 with the chair's permission. And also I know that there's some other advisory committee members that are in attendance and they may be registered to speak as well. Regarding the Immokalee area, in late February, the advisory committee did take a vote to looking at the feasibility of what we would call a countywide HCP and found that that would not be feasible in the broader sense ofthe broader county, but they did look -- want to take a look at some smaller geographical areas, of which case the Immokalee designated area, and that would be urban designated area on the future land use map, was an area that they thought would be -- have some opportunity for an HCP and would look at that further. Along those lines, at that particular point staff was aware that the Immokalee -- there are an Immokalee Visioning Committee or several committees that are looking at a revision to their master plan. We also brought in Tom Greenwood, who is here, who is a staff liaison to those Immokalee committees, and began, essentially, some coordination with that committee, of which last week staff and the HCP committee did come to the Immokalee committees and present a presentation to them concerning this issue. We received some fairly good comments and some feedback and some questions that I think the Habitat Advisory Committee needs to look at if they want to go further with the Immokalee area master -- Immokalee habitat conservation planning effort. But at least that's -- we did -- I did want to brief you of that fact that you may be seeing some recommendations from that committee as well, or you may not, depending upon how they -- what their recommendations will be to you, but we did have that coordination. Also, regarding the alternative to HCPs. In your executive summary, the charge to the committee -- and it's under B6 where it talks about alternatives to HCPs ifHCPs are not being feasible. The Page 145 May 22-23, 2007 advisory committee would like to get some clarification from the board or, perhaps, some different direction to look at alternatives on a simultaneous basis to -- as opposed to coming to the board with a final recommendation of feasibility and then looking at the alternative. So I just wanted to get some clarification of that. And by advice from the County Attorney's Office, the suggestion there, if the board wants to proceed along those lines, is simply, the County Attorney's Office can draft a resolution to come back to you on a separate agenda recognizing that -- that direction. So those are the two issues, the Immokalee master -- the Immokalee area as an HCP and also doing -- looking at alternatives simultaneously to the HCP feasibility analysis. With that, I would -- I know Maureen Bonness may want to clarify and provide some additional information subject to the chair's direction. CHAIRMAN COLETTA: Bill, if I may? MR. LORENZ: Yes. CHAIRMAN COLETTA: The Immokalee Master Plan, have they requested that this study be done? MR. LORENZ: No, they have not. Last week was the first time that we had a briefing with that committee. We basically presented them information at that time. They've agreed to having one or two members set up a subcommittee. They're going to attend the Habitat Advisory Committee's meeting tomorrow. I believe they'll be in attendance so we can have some additional dialogue along those -- along those lines. And they will be looking at a recommendation to -- I'm not sure exactly the schedule. It's sometime in the summer, June/July time frame. I'm looking at a revision to the master plan. And at some particular point along the line, they will make a decision as to whether they would want to recommend it or not. CHAIRMAN COLETTA: Well, wouldn't we want to wait for Page 146 May 22-23, 2007 them to come forward with a recommendation, whether they want to work with it or not rather than try to take it to the point where we tell them to do it? MR. LORENZ: I think that that certainly is part of the board's policy direction. CHAIRMAN COLETTA: But we've been through this many times before where we thought we knew the will of the community, and we tried to put things on them -- MR. LORENZ: Right. CHAIRMAN COLETTA: -- and then it blew up in our face. MR. LORENZ: Right. CHAIRMAN COLETTA: In this case, I hope that we follow the directive we have, like in Goodland and we followed up in Naples Park, and the fact that we're trying to get the feel of the community before we step forward and say, this is what we're going to do for you. That's my own feelings. MR. LORENZ: Certainly. And that's why one of the -- we wanted to make sure when we brought this particular report to the commission that we had at least sat down with that committee and understood what their time lines were and bring that to your attention. CHAIRMAN COLETTA: Why don't we go ahead with Ms. Bonness's presentation. MR. LORENZ: Yes. CHAIRMAN COLETTA: Thank you for being here. MS. BONNESS: Maureen Bonness, representing the Habitat Conservation Plan Advisory Committee. I actually don't have that much to say. I think Bill covered a lot of it. I did want to put one thing up on the visualizer. When we started off with this committee, we did start off studying RCW HCPs, and we have not forgotten that, and we are now in the process of working on our alternative to an HCP because Fish and Wildlife told us they couldn't do a single species RCW HCP, so Page 147 May 22-23, 2007 we came up with this alternative. And we are, right now, working on a neighborhood information meeting that will be this Thursday to talk to residents of North Belle Meade to tell them about this proposed plan that it -- and try to get neighborhood feedback. So we are still working on the RCW issue. But yeah, we did want to get more guidance from -- more guidance from you as to how much we should pursue any alternatives. And now that we're off in the Immokalee area instead of North Belle Meade, is that okay or not, or -- what do you want us to do? CHAIRMAN COLETTA: If you're asking the commissioner of the district, I say, I'd like to hear from the master plan. You know, work with them, come to some sort of consensus with them whether this is something they want to incorporate in or not. It seemed like when they were there, there was quite a bit of interest, but, you know, it's a little early on. I don't know what to tell you other than that. I think there's enough interest that you should go back there and talk to them some more, my own feelings. MS. BONNESS: The Immokalee area, I mean, as we are learning more and more about HCPs and deciding whether or not a countywide infrastructure HCP would work, there's some parts of that that didn't work, and you start to think, well, where would this work? And Immokalee was one that shined out because they have so many issues with endangered species in that area. To have a regional plan for lots of little developments, it might boost their economic development. But it's up to them to -- I agree. It's up to them to say we want to. CHAIRMAN COLETTA: And I understand the benefits would be also that we might be able to get in front of some of the objections that we received from Fish and Wildlife as far as locations of houses and business? We might be able to be a little more proactive in how we deal with the situation. And it -- but still, once again, I need for Page 148 May 22-23, 2007 you to work with the community. Commissioner Fiala? COMMISSIONER FIALA: I think you have a great start, of course, working with the community and see if that's what they want. But with so many endangered species all in that area, why just look for the Red-cockaded woodpecker? Why not identify some of the other ones, as long as you're in the area anyway so that you can see what areas might need to be preserved and where you can direct development away from some of those environmentally sensitive areas. It seems to make sense. MS. BONNESS: Immokalee has a lot of endangered species. They probably have every terrestrial endangered species in Collier County except Red-cockaded woodpeckers. COMMISSIONER FIALA: No kidding? MS. BONNESS: So -- they do not have Red-cockaded woodpeckers there. But that is why the multi species HCP was recommended by Fish and Wildlife, because as long as you're doing one, you need to cover the other species in that area; otherwise, developers -- or any kind of clearing will have to deal with the other species anyway. So you might as well find them all. And that's why we're dealing now with multi species instead of just RCW. CHAIRMAN COLETTA: That's wonderful. Let's do that --let's do this. Don't go too far. Let's go ahead and get the speakers, then we may have some more questions for you. MS. BONNESS: Okay. CHAIRMAN COLETTA: Bonnie Michaels. She'll be followed by Katherine English. MS. MICHAELS: Good afternoon. Bonnie Michaels, with Natural Resources for the League of Women Voters. I've been observing the committee for the last six months, and I just wanted to say that I have been so impressed with the amount of time and energy problem solving to come up with solutions to a very Page 149 May 22-23, 2007 complicated issue in a set of stakeholders. I would highly recommend that the committee could at least be -- continue to meet, because even if Immokalee decides to have us be part of their master plan, a lot of time might have gone by. The fact that they meet regularly and are able to continue the research on how this might be done, I think is really important. Thank you. CHAIRMAN COLETTA: So that's one of the main objectives why we're here today is to okay the committee going forward? MS. ENGLISH: Part of the objective, am I right, Bill? Yes. CHAIRMAN COLETTA: Okay. Thank you. MS. FILSON: The next speaker is Katherine English. She'll be followed by Brad Cornell. CHAIRMAN COLETTA: Whichever one you want, depends if you're right-handed and left-handed. MS. ENGLISH: Thank you for hearing me, Commissioners. My name is Katherine English. I am an attorney with the Pavese law firm, and I am here today on behalf of Williams Farms ofImmokalee, Inc., and I have complied with your lobbyist registration rules. Last week the HCP committee sought the support of the Immokalee Area Master Plan Advisory Committee in regard to an HCP for the Immokalee urban area. At that time, the committee wasn't comfortable that they had enough information to provide support or even reach a determination, as your chairman pointed out in regard to this request. To date there has not been adequate communications with landowners or stakeholders in the Immokalee urban area about an HCP. Prior to an HCP being incorporated in the Immokalee Area Master Plan, there really should be a concerted effort by the HCP committee and the stakeholders there to try to build a consensus and a plan for what this needs to be. The HCP process has a stunning lack of clarity and certainty at this point. While there have been a number of HCPs approved in the Page 150 May 22-23, 2007 southeastern United States, none of them have included a flagship species like the Florida panther, and that is a critical species in that -- in the Immokalee area from Fish and Wildlife Service perspective. It is not clear at all that an HCP will streamline permitting or provide clarity in the process, and it's not clear that the Army Corps of Engineers that's charged with permitting wetlands impacts will accept the HCP as an adequate substitute for their section 7 consultation with the Fish and Wildlife Service for the protection of listed species. Regardless of your direction to staff in regard to the HCP process and its alternatives and their review of it, we would respectfully request that you not direct the Immokalee area to incorporate policies related to the HCP at this time. We would -- while it may be appropriate at a later date to incorporate that in the Immokalee area master planning element, it's certainly not appropriate now, and we would request that you not slow down a process that has a tremendous amount of community support in that area at this time with something that's a little more controversial. Thank you for your time. MS. FILSON: The next speaker is Brad Cornell. He'll be followed by Roslyn Katz. MR. CORNELL: Good afternoon, Commissioners. I'm Brad Cornell, and I'm here on behalf of Collier County Audubon Society. I wanted to raise a couple points on this interim report, and one is that we have evaluated the HCP process, and we're one of the original advocates for you all considering that as a way to more proactively protect endangered and threatened species in Collier County. Since that time, it's our opinion that habitat conservation plans are not feasible for what our needs are, what the county's needs are, in protecting species right now; however, we do believe that they should still be evaluated, a mix -- multi species habitat conservation plan should still be evaluated for its usefulness in the future, and to work also with the Army Corps of Engineers and the U.S. Fish and Wildlife Page 151 May 22-23,2007 Service to achieve a permitting outcome in the permitting process for county and for landowners, individual landowners, that would be fair and equitable and protect and recover the species that we're talking about. Because it's not feasible for the -- our needs right now, I think the county -- we recommend strongly that the county actively and proactively pursue alternative policies that will protect habitat for endangered species, listed species, and recover those species. Those kinds of policies would provide incentives, direction, mitigation, and alleviation of legal vulnerability, because we've got to remember, the reason -- one of the big reasons that we're looking at this is not only to recover and protect these species, which is obviously an ethical issue, it's also a legal issue. The county and individual landowners have legal liability under the Endangered Species Act as well as other laws, federal and state laws. And so working on proactive policies will help alleviate that liability, and we need something -- we need alternative policies to the habitat conservation planning process right now for Collier County. The county has been very proactive with rural land stewardship policies. That's a great example of local policies that are very effective and work to protect habitat and species and are fair to landowners and provide incentives. That's the kind of creative thinking we need to apply to the rest of the county that is still vulnerable. Thanks. CHAIRMAN COLETTA: Thanks you. MS. FILSON: Roslyn Katz. She'll be followed by Fred Thomas. MS. KATZ: Hi. I'm Roslyn Katz. I'm on the Habitat Conservation Plan Advisory Committee. And I want to go back to some of the comments that Bill made, and I really just want to add weight to our position that in consideration of the time that we are devoting right now to determining whether or not a habitat conservation plan is feasible and Page 152 May 22-23,2007 the fact that it's in the notes to you, I believe, we've learned that it could take as much as five years to actually develop a habitat conservation plan. I really think it's in the best interest of the county to permit us to consider alternatives to HCPs while we're going forward with our study of the feasibility, and it's been expressed to us that we were not directed in your original charge to do that. So today I -- one of the things we're asking you to do is to give us permission to consider alternatives at the same time that we consider the HCP. CHAIRMAN COLETTA: Commissioner Henning, did you want to wait till after the last speaker? COMMISSIONER HENNING: No. I'll just say my piece now. You know, the -- Immokalee's been working for two years to develop their master plan and Land Development Code changes, and they're late now. I do not want to slow down that process. I think it's not fair. That community is -- well, the community leaders want to get started under a new Land Development Code. And by the way, they used to have their own Land Development Code two decades ago separate from the coastal -- coastal one. And since then, I think that we know what kind of amendments that really spurred the community of Immokalee on to separate -- go back to a separate code. So I don't want to deviate what we're asking today. I don't want to deviate. I don't want to grant it because we see where it's going to go, it's going to slow down Immokalee. CHAIRMAN COLETTA: Okay. That's fine. Let's hear from the horse's mouth, Mr. Thomas, who's also the chair of the master plan. COMMISSIONER FIALA: Are you calling him a horse? CHAIRMAN COLETTA: No. MR. THOMAS: I'm the horse's mouth. My name is Fred Thomas, and I have the master plan and visioning chair hat on. The Page 153 May 22-23, 2007 one reason -- and in all fairness to Bill Lorenz, the one reason why we didn't flat say no to it when he was there is because he indicated that if we can get a good habitat plan, that it might expedite processing through Corps of Engineers and whatnot, but they had to go get more information and bring that back. We don't want this slowing down, and I appreciate very much you understanding our position, Mr. Henning, Commissioner Henning. We need to be able to move forth, move forth quickly. We're losing agriculture. We need to get industrial. We need to broaden our tax base and help the overall county, and anything that stands in the way of that will be a problem. But if we can do a plan, if they come back with information that we can do some sort of plan that would expedite our processing through the other federal regulators, then that's what we need to do. But we don't know that yet, that's why we want to hold off till we get more information, but not slow us down from moving ahead with our code changes. CHAIRMAN COLETTA: May I make a suggestion that what we do is we leave this in the hands of the master plan review committee, and at that point in time, if you see this thing has some meaning to it -- MR. THOMAS: That works for me. CHAIRMAN COLETTA: -- keep exploring it, keep it going forward. If it doesn't apply to what Immokalee's visions are, and then just say, cease with it, and I think-- MR. THOMAS: That works for me. CHAIRMAN COLETTA: -- this commission will support you. MR. THOMAS: I think that will work for us in our community, because that was the tense that we got from our committee members there. Thank you, sir. CHAIRMAN COLETTA: Thank you. That's it? Page 154 May 22-23,2007 MS. FILSON: That was your final speaker, Mr. Chairman. CHAIRMAN COLETTA: Okay. And we close the public portion of this agenda item. And I thing the direction that we're going with as far as Immokalee, is to work with the master plan at that point in time that they reach a decision whether to proceed or to cease. MR. LORENZ: Okay. And just for clarification purposes on that then, we will work with -- the habitat advisory committee will work through the master -- work with the master plan, the Immokalee Visioning Master Plan Committee, to come up with answering some of those questions, and at some particular point, the Immokalee Master Plan Committee can weigh in and say, yes, we think it should be a go or a no go. That doesn't have to -- that doesn't have to delay their current planning effort. CHAIRMAN COLETTA: Just to make sure there's no misunderstandings, I'll put it in the form of a motion. MR. THOMAS: Before you put it in the form ofa motion, it would be good if three or four members of the master plan committee sit with them on a regular basis so we can get constant information back and forth. CHAIRMAN COLETTA: Okay. That would be part of my motion. MR. THOMAS: Okay. CHAIRMAN COLETTA: Go ahead, Bill. I haven't got a second yet. MR. LORENZ: Okay. And then the second item would be the alternatives, allowing the habitat advisory committee to look at alternatives simultaneously to continuing a feasibility study for an HCP for the Immokalee area. CHAIRMAN COLETTA: As long as it's under the jurisdiction of the Immokalee master plan and the fact -- I mean, I'm not going to endorse this if they say they don't want to do it. I want to try to make that clear. Page 155 May 22-23, 2007 MR. LORENZ: Well, I was making -- I was making a distinction between the Immokalee -- the Immokalee area master plan and the alternative. Two issues, one was habitat -- the feasi -- the HCP for the Immokalee area is one issue working with the Immokalee committee. The second issue is -- is to allow the habitat conservation plan committee to look at alternatives to HCPs right now. That would not necessarily have to be -- that's not part of -- part ofImmokalee that could be -- CHAIRMAN COLETTA: Okay, okay. I understand what you're saying. I make that part of my motion. Do I have a second? COMMISSIONER FIALA: Yes, I'll second. CHAIRMAN COLETTA: Okay. Motion by myself, Commissioner Coletta, second by Commissioner Fiala. Commissioner Henning? COMMISSIONER HENNING: Yes. Mr. Lorenz, I don't understand your second part. MR. LORENZ: Okay. COMMISSIONER HENNING: My understanding, that you were going to see about a -- creating a -- is this a multi species that you're looking at, the second part, or is it just cockaded woodpecker? MR. LORENZ: No. The second part, when we talk about alternatives to an HCP, alternatives could be, as Brad Cornell had mentioned, maybe other regulatory standards that the county would adopt, incentive programs, things -- COMMISSIONER HENNING: For animal species or what? MR. LORENZ: For protection of -- yes, animal listed species. So when -- the charge currently is for the committee to look at alternatives to an HCP, which would encompass that kind of broad spectrum. But the current direction is to look at alternatives to HCPs if HCPs are not deemed feasible. COMMISSIONER HENNING: Okay. MR. LORENZ: At the moment the committee -- excuse me. At Page 156 May 22-23,2007 the moment the committee is still evaluating feasibility of HCPs, but they would like to have the direction to also evaluate the alternatives simultaneously. COMMISSIONER HENNING: Okay. How long has the committee been formed? Two years? MR. LORENZ: Two years, yes, 2005. COMMISSIONER HENNING: Are you going to put a sunset on this alternative feasibility second thing, or whatever? MR. LORENZ: If the board wants to establish a-- COMMISSIONER HENNING: I mean, there's got to be a time when you say -- I mean, you can sit and meet and have coffee and doughnuts until the cows come home. I mean, I think there needs to be a timeline. MR. LORENZ: And certainly the board wants to put a timeline on -- CHAIRMAN COLETTA: Yeah, I'm sorry. You know, that reference to, you know, sitting around and having coffee and doughnuts, they're not. They're hard at work. COMMISSIONER HENNING: Well, no, I'm saying --I'm saying -- I mean, there's groups -- and I apologize if I offended anybody, and I definitely apologize to the committee. But, you know, there's got to be progress. And I mean, there's a lot of studying going on and a lot of information, but there's nothing that we can adopt. So what I'm saying is -- how long you want to let this go? CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yeah. I think that before they can ever make decisions and give us recommendations, they first have to study and they first have to research. I wouldn't want them to just, you know, have a timeline to be jumping to and maybe not come up with all the information they need to make a good suggestion for us to follow. I don't agree with the timeline. COMMISSIONER HENNING: Okay. Page 157 May 22-23, 2007 CHAIRMAN COLETTA: So we have a motion on the floor and a second. Is there any other discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor -- MS. FILSON: Can I ask a question? Does the motion include extending the committee? CHAIRMAN COLETTA: There's a motion to extend the committee with a certain-- MS. FILSON: Three years? CHAIRMAN COLETTA: -- with the certain parameters as far as Immokalee goes, and we already outlined those parameters to be that -- to work with the Immokalee Master Plan and Visioning Committee until that point in time that they either get a go or no go. MS. FILSON: And I guess my questions is, are you approving a resolution to extend the committee? CHAIRMAN COLETTA: That's part of my motion. COMMISSIONER HENNING: And that's the reason I brought my question up. CHAIRMAN COLETTA: Yeah, and I understand, Commissioner Henning, but we get a chance to evaluate these committees on a regular basis. If it gets to the point where they're nonproductive -- but they are serving a purpose. They're giving us a lot of food for thought. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: And they are moving some issues forward and they're keeping it up front. Now, true, they've had some-- they have some times when it -- their ideas have not been productive and haven't been endorsed, but they're still good to have out in front of the public. COMMISSIONER FIALA: You mean all the committees? CHAIRMAN COLETTA: Well, all the committees, yeah. I Page 158 May 22-23, 2007 mean, there's a point in time I agree where everything reaches an end, but I don't think this committee has. With that, all those in favor, indicate by -- MR. THOMAS: Did your motion also include adding four more members to that committee from the Immokalee Master Plan Committee? CHAIRMAN COLETTA: No, I don't -- that wasn't part of the discussion. I'm kind of lost now. You have to determine first -- MR. THOMAS: Well, if we have some of our members working with the committee on a regular basis, then we're in a better position to stay in time with them and make a decision whether we want a go or no go. CHAIRMAN COLETTA: Well, Bill, you have how many people on this committee now, 15? MR. LORENZ: It's 13. We haven't been able to get up to that 13 level yet, but -- CHAIRMAN COLETTA: How many you missing? MS. FILSON: Two after today's appointment. MR. LORENZ: Okay. Thanks, Sue. CHAIRMAN COLETTA: Okay. Then let's have the two vacant appointments, let's have people from Immokalee submit applications for them, and I think -- the only thing is, I'm telling you right now, if they submit applications, they're on that committee, not just for the master plan, but for the whole thing. And if the master plan doesn't endorse it, I expect them to stay. Okay. Then I include that in my motion. Commissioner Coyle? COMMISSIONER COYLE: If you really want to get the job done quickly, you cut the committee in half. The bigger you make it, the longer it's going to take you to get the job done. End of story. It's a known fact. If we had 13 members on this board, do you realize how long one of our meetings would be? Page 159 May 22-23,2007 COMMISSIONER HALAS: Two weeks. COMMISSIONER COYLE: We'd be -- at least for two. CHAIRMAN COLETTA: In fact, I'd like to cut it down to three, to be honest with you. COMMISSIONER COYLE: Yeah, as long as I get to select the three, and you won't be on it. CHAIRMAN COLETTA: In all fairness to Bill, the reason his committee is so dam big is because of the fact that we wanted to balance it out with other stakeholders and we had them grow the committee sometime back from, what was it, nine to -- MR. LORENZ: Nine. CHAIRMAN COLETTA: -- fifteen. MR. LORENZ: Thirteen. COMMISSIONER COYLE: That's why it hasn't moved any faster. CHAIRMAN COLETTA: But it was your idea to do it. COMMISSIONER COYLE: No, it wasn't. CHAIRMAN COLETTA: Oh, I thought I'd give you credit. I'm sorry, Bill? MR. LORENZ: Alternatively, perhaps what we can simply do, as I think earlier Mr. Thomas indicated, that he would have several of his committee members simply attend our committee meetings and we can coordinate that activity -- CHAIRMAN COLETTA: Great. MR. LORENZ: -- and ensure that we have that cross work. CHAIRMAN COLETTA: And of course, people from Immokalee can apply for those two vacancies there, and we'll give it due consideration. MR. LORENZ: And I'll also have my staff attend the Immokalee Vision Committee, too. CHAIRMAN COLETTA: That would be wonderful. Fine. Okay. With that, all those in favor, indicate by saying aye. Page 160 May 22-23, 2007 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, and we're taking a break. COMMISSIONER FIALA: Commissioner Coletta, before we leave -- CHAIRMAN COLETTA: Before we go, don't go. Everybody just stay still. COMMISSIONER FIALA: Just for one second. What time are we going to end today? You had said six? CHAIRMAN COLETTA: Well, let's do this. When we get to six o'clock -- if we get close to six and we see we still have a sizable amount of the agenda left, I'm for reconvening tomorrow with whoever's here. We need at least three commissioners. COMMISSIONER FIALA: Because we need to tell Terri what we're going to do. CHAIRMAN COLETTA: Terri, I can't tell you this soon. COMMISSIONER COYLE: How late can you stay? THE COURT REPORTER: I can stay until we're finished. Ijust need to let my office know if we're going tomorrow. CHAIRMAN COLETTA: Let's do this. We'll cut off at six unless we're down to the last 15, 20 minutes. COMMISSIONER COYLE: Yeah. Because I could turn into a pumpkin about 5:55. CHAIRMAN COLETTA: Sir, you're already a zucchini. It would be an improvement. That's it. Take a break. Page 161 May 22-23,2007 (A brief recess was had.) Item # lOA TO ACCEPT THE FINDINGS OF THE REPORT ENTITLED COLLIER COUNTY IMP ACT FEE INDEXING STUDY PREPARED BY TINDALE-OLIVER AND ASSOCIATES, INCORPORATED, IN ASSOCIATION WITH ROBERT W. BURCHELL, PH.D., AS DIRECTED BY THE BOARD OF COUNTY COMMISSIONERS, AND DIRECT THE COUNTY MANAGER OR HIS DESIGNEE, TO FINALIZE THE STUDY, PREP ARE THE NECESSARY AMENDMENTS TO CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, THE SAME BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, TO INCORPORATE THE CHANGES TO THE INDEXING METHODOLOGIES AND CORRESPONDING CHANGES TO THE IMPACT FEE RATE SCHEDULES FOR CONSIDERATION BY THE BOARD OF COUNTY COMMISSIONERS AT A FUTURE MEETING(S) - APPROVED COMMISSIONER HENNING: The next item is lOA? MR. MUDD: It's lOA, sir. It's four p.m. time certain. It's a recommendation that the Board of County Commissioners accept the findings of the report entitled Collier County Impact Fee Indexing Survey prepared by Tindale-Oliver & Associates, Incorporated, in association with Robert W. Burchell, Ph.D., as directed by the Board of County Commissioners, and direct the county manager or his designee to finalize the study, prepare the necessary amendments to chapter 74 of the Collier County Code of Laws and Ordinances, the same being the Collier County consolidated impact fee ordinance to incorporate the changes to the indexing methodologies and Page 162 May 22-23, 2007 corresponding changes to the impact fee rate schedules for consideration by the Board of County Commissioners at a future meeting. And Ms. Amy Taylor, your Manager for Impact Fees -- COMMISSIONER HENNING: Ms. Taylor -- Mrs. Taylor, you look very nice today. MR. MUDD: I'm sorry. Amy Patterson. MS. PATTERSON: Hello. For the record, my name is Amy Patterson. I'm the Impact Fee Manager for Community Development/Environmental Services, and I'm here today with Steve Tindale from Tindale-Oliver to present the findings of the localized impact fee study. This study was directed by the Board of County Commissioners just a little more than a year ago to address some of our concerns about the validity of our indexing, which is in place for each one of our 12 impact fees. With that, I'll turn it over to Mr. Tindale for his presentation. MR. TINDALE: Good afternoon. Steve Tindale. I've got a button here to push to go down. What I'd like to do this afternoon is, fairly briefly, without going into too much detail, give you an overview of what we've done and go through a little bit of the technical study, again, trying to keep it to where it's pretty clear and concise. The background is, 1978 is your first impact fees in the county. In 2002 we started indexing, and throughout the State of Florida, I'm working nowhere where anybody has done anything but raved about indexing, including the development community. They really like the idea of having every three to five years fees change 30 to 40 percent. So, so far we've found them to be very accepted by all the different factions in the impact fees. In 2006 it became pretty obvious -- we were doing some studies, and Collier County's experiencing issues that are different than other parts of the state. And to be honest with you, the State of Florida is Page 163 May 22-23,2007 experiencing things that no one else in the United States -- I'm working on impact fees throughout the United States, and they're not experiencing some of the things we're experiencing in the Sunbelt in terms of inflation and the rates of growth and the cost. So -- but Collier itself -- so we were basically asked not only to look at maybe an index for the State of Florida, but actually look at Collier County itself in terms of what you're experiencing, so that's what initiated the presentation I'm making and the study we've made. The purpose is to actually capture the increased cost. Not let it get out of hand, not wait three to five years and have major differences in fee schedules and have big lumpy numbers in terms of the change in the fee. The second thing is, we found consistently that over a 15- and 20-year period, you can see the revenue differences are tremendous in terms of being able to meet the quality of service you're trying to provide and having the revenues to build your capital facilities. The study itself. We have several variables. We looked at land costs for multiple service areas, we looked at building costs for multiple service areas. You have buildings in those. Equipment and vehicle costs and transportation costs. And transportation costs, I kind of broke that out because it is somewhat unique in terms of the cost. Then we have a land cost and a construction cost and transportation specific. Terms of methodology. We moved from a four- or five-year average to what we call a three-year rolling average and do a little regression line. It basically smooths the process out. So we have changed and adjusted other than just the actual data and where it's located, a method we think is a little smoother in terms of indexing each year and having it more consistent. We are adjusting the cost to your local costs and it's a differential between your changes in cost to provide labor and et cetera and other places, so that's one of the major -- major differences. Page 164 May 22-23, 2007 I'll go through each one of them, again, very briefly. The land cost. The current one was based on the property appraiser data. There was no adjustments needed. We were using local data for your land cost. We weren't -- we weren't getting involved with national indexes. I did have -- we went back and rechecked. We had some communities where the tax assessed values were going up faster than the -- what we were seeing as the actual cost to purchase land time period. We checked our work, and your tax appraised values versus your raw land sales are matching. So we think we really got a good match between using that index, which is changing the actual tax value or the just value for land. The original one was 21 percent versus 17.9 percent. So by using this rural land average, we've adjusted the index land a minor amount. Building cost. We had one number we used. It was a national number, ENR, and that was all we were using for indexing. What we're proposing. We're adding what's called a Turner Building Cost Index, which is a national numbers, and an RS means. It's a number that actually comes out of Miami. It's very specific. It's a national study but it uses individual cities, and we had a Miami number, and we adjusted that Miami number to a Collier number. We took the Turner Building Index, which was a national number, and, again, we adjusted that to a local number. So we're -- basically went from one index to three indexes to make sure we had a good representative value of what the changes in cost were, and we've adjusted those where they're reflecting local -- your local costs. The number there is moved from 4.1 percent to 8.4 percent. And, again, I'll maybe back up a little bit. The biggest item we utilized to adjust this, one of the biggest items, is the change, not the absolute value, the change in your labor. We -- and that's in the report. Your labor prices over five to 10 years are dramatically different in Collier County than they are in the state and in the State of Florida, Page 165 May 22-23, 2007 and we used that as one of the adjustments for doing the index. And it was a very -- I think it was one of the best things we came up with was to use that specific number. Dr. Burchell actually found that information where we then adjust all these national numbers to the local number not by the absolute value of your labor, but the amount your labor is changing during that time period and your labor costs. Equipment costs. We had a consumer price index. We got it right out of Miami. We were using it. What we've moved to is the -- both combination of the Miami/Fort Lauderdale area, and then we went to a public building furniture national data, and we adjusted that to your -- by using your local -- your local numbers. So we moved from one index to two indexes, and we took the national index and we used a local adjustment factor because of your changes in labor rates. Results of that was we moved from a 2.8 percent to 5.9 percent. Again, you see in general each of these turned it up a little bit in terms of the changes you're experiencing versus what's being experienced throughout the state or the national numbers. Transportation costs. We went to two items, construction costs. We're using the DOT cost index, to be honest with you, and it's -- we're brutally honest. DOT had an index out there that they used for estimating what to put in their five-year work program. We were running 3 to 5 percent changes at a highest in terms of changing costs. They looked out five years and they were -- no way were they going to take 20 percent indexing and put it in their work program and cut half the projects. Just wasn't going to happen. So that index they were using for their five-year planning became pretty well worthless to us. We didn't catch that for several years, but it was not a -- it wasn't an index. But what's happened, it was an index of them protecting what their costs were, and they could not afford to Page 166 May 22-23, 2007 just decimate their five-year work program: And we kind of tried to document that a nice way in the technical report. And the right-of-way. Again, we used your property appraiser for the right-of-way, and we found it was right on in terms of the changes in your land values that we had looked at. What we moved to. The DOT does what they call a long-range estimate. It's a detailed, fairly elaborate, by each different component of road construction statewide. It's made available, and we went to that long-range estimate. It's really current-day costs. They're using bids and bid prices for the state. We didn't want to just take one index because these numbers are changed dramatically, and they have been changing for two or three years. We went to the PPI for highways and streets. The consumer price index is kind of a national, but the PPI -- and it's abroad (sic) for several things consumed. The PPI has specific areas, and they have highway construction, street construction as one of their indexes. So it was a clean index that was related to that. We went to those two and, again, we adjusted the street and highway -- the PPI for highways and construction to a local index. Again, looking at the indexes that we're -- they're experiencing nationally and adjusted that with your labor rates, which were dramatically different, the change in your labor rates. The transportation cost went from that index. Remember I told you about the DOT was using a number to say, we've got to budget 4 percent a year or 5 percent a year, and if sixth, seventh, eighth -- you know, fourth, fifth, sixth year of our work program, well, that wasn't useful. The actual number is 32 percent. A dramatic difference between the two. What we've done is we've taken that index over the last 12 months, that methodology and compared that to what's actually been experienced, and it just about hits the number. You could take the last Page 167 May 22-23,2007 12 months, and we could do a dramatic -- you know, a detailed cost estimate for construction a year, year and a half ago, or we can plug this index into the numbers a year, year and a half ago, and the two match. We kind of got a validation that if -- you went through that process. So that the construction costs were coming up, we think, is very valid in terms of using that combination index, and it should be sensitive to what's going on here in the state. One of our recommendations, if any index is greater than 15 percent, that you do a mini study, that you go back and you get some bids, go back and you verify what's happened in the last 12 months. Don't index anything greater than 15 percent. If it's 8, 9, 10, 11 percent, which I think is very reasonable in terms of what we've seen all over the state -- but if you have an index -- and you just saw one that was 30 percent -- that you'd -- you then would be required to go out and find some bids, do a, you know, a mini kind of update and verify that the 15 percent was legitimate. This is a summary of the previous numbers and how they would have changed over a 12-month period versus what we're proposing. The transportation where you include both land -- I mean construction and right-of-way, would -- it went up about 7 percent. We're saying it's going to be -- it'd be pushed to more like 30 percent. Regional parks within 14 would be the 20 community parks. It's 10 versus 16. And the reason the community parks would actually go up at a little faster rate there is you've got more equipment -- I mean, excuse me, the regional park is because you have more land, and the land is the one that's the big number right now. EMS is about 8 to almost 12, versus 12. Government buildings, 6 versus almost 10. Schools is 6 versus almost 10. I don't know if I need to read every one of these. You see generally that the number is -- the change in number is fairly dramatic, but the absolute differential within a 12-month period, from what we've been experiencing in Page 168 May 22-23,2007 construction costs and land costs are very reasonable, specifically that we're moving from a national index to one of a -- one in the Sunbelt, one in Florida, and one specifically in Collier County. Went ahead and put down some numbers. Your current index. Your current single-family home with the current indexes would moved from 31,000 to 33-. If you use the revised indexes, it'd be 36,000. That'd be basically adding an additional $2,800, you know, rather -- in additional fees versus the old index, or about a $4,800 index, and that's about a 15. What we're basically saying, it costs 15 percent more to do business after a 12-month period than it does 12 months ago. And I can tell you, all over the state, that is a very conservative number from what I've seen. Again, I've seen building costs in the last two or three years double, land values go up 40 or 50 percent, and so these indexes, I think, are very reasonable numbers to put in. And if -- again, the other thing I'll say, if you don't do this, what you'll find over a 15- or a 20-year period, there's a tremendous differential in the revenues because you're not biting off little chunks as you go along. You're biting off big chunks, you know, every three to five years. It's my understanding that basically this is presented to you for your comments and your direction of what to do. If you approve that, we would then go ahead and move the steps, I think it's going to go committees, et cetera, for the final adoption and be refined, that we all -- we now always have that 90-day delay in terms of, once it's adopted, it will be another 90 days before anything really happens in terms of changing any numbers in any impact fee schedules. And that's the presentation. CHAIRMAN COLETTA: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yeah. Just a couple things. You figured in the cost of land for the parks, right, both parks? MR. TINDALE: Yes, ma'am. Page 169 May 22-23,2007 COMMISSIONER FIALA: Do we buy the land or do we already own it or do we get it donated when -- you know, when -- like, for instance, I'm thinking of Orange Blossom Ranch and some of those -- MR. MUDD: Orange Blossom we got the lake, but land surrounding it, Mr. DeLony has for his water plant, and we're going to have to purchase that land that surrounds the lake for Mr. DeLony in order to put a regional park in there. COMMISSIONER FIALA: Oh, I see. MR. MUDD: So we normally buy the land. I mean, we did get a contribution when Heritage Bay came on-line. That's the comer of 951 and Immokalee Road in the northeast comer. When they came on line, they did give us some monies for parks and rec. in that particular process, but -- COMMISSIONER FIALA: Yeah. I was just wondering, because I thought, if there's any way that we can kind of hold the lid down on something. I don't want to see us in any way jeopardize our parks because we need all the equipment and we need the personnel and so forth. I just thought if we could modify it some -- if we don't have to pay for the land, we can -- you know, the money's important for the parks, as is the library, and our survey this morning proved that the people are really, really interested in museums, parks, and libraries, and we have to make sure that those things are adequately equipped for the public. But if we don't need the land -- you know, if the land's there, maybe that could help us a little. The second thing, second question I have was, you figured wages in on this, and I didn't -- I was surprised. I never saw wages figured in ever before. Is that something they do or is that -- I mean, normally or what? MR. TINDALE: It's a very common method of looking at inflation and indexing for inflation. And we went over that several Page 170 May 22-23,2007 times with Dr. Burchell. If you want to localize your costs, the wages are the most direct way when you've got a national index that is not sensitive to the changes. And we went through a lengthy conversation. I could not find in my mind why -- we got concrete, steel and some things that's happening nationally. But there's a huge difference in the inflation and what was going on in several of the Sunbelt states versus the national. And it was obvious that it was mainly being reflected, not just in the commodities -- that's what some of the indexes do -- but it's reflected in the wage rates, and we thought that was the most direct way to get the differences between the inflation rates of what things were costing to go get constructed. COMMISSIONER FIALA: Well, I had --I'll tell you, I had a lot of trouble. I spent -- believe it or not, I spent a couple of hours on this particular subject alone, and I'm going to read you a sentence. And I had so many problems -- I was reading this to Jim Mudd too just so he could hear what I was saying. As stated in the consultants' reports, the benefit of this approach is that the change (sic) of the change is incorporated into the inflation analysis and the year to year change is smoothed by a linear regresSIOn. How many of you understand that when you first read it? CHAIRMAN COLETTA: I did. COMMISSIONER COYLE: (Raised hand.) COMMISSIONER HALAS: (Raised hand.) COMMISSIONER FIALA: Good for you. I had to pore over that one, so a lot of this stuff was written in that same vein, and I want to say, I probably don't understand a lot of the ways that you came up with this, but those were my questions. Thank you. MR. TINDALE: I understand. And it is -- we're talking about-- you notice I talked to the board about absolutes versus change. We didn't look at your absolute labor compared to somebody else that may be five times higher. Page 171 May 22-23,2007 So your change in labor will be only 10 percent, but you may be paying three times as much as someone else. We weren't looking at the absolutes. We were looking at your labor rate changes compared to the others. And you have changed, percentage-wise, dramatically faster than other people are. And so we weren't looking at absolutes. We were looking at indexing in the change, cost and change, so we -- it's probably not the best way to put it, but we want to make it very clear, we were not looking at absolute differences when we're looking at indexing. We're looking at your changes over that time period of what things cost. CHAIRMAN COLETTA: Okay. COMMISSIONER FIALA: Thank you, understood. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Yeah, they're called change orders. The -- 80 percent of the people surveyed didn't go to our parks. The-- COMMISSIONER FIALA: But the ones that did liked them. COMMISSIONER HENNING: Yeah, my son does. COMMISSIONER FIALA: Okay. COMMISSIONER HENNING: The -- sir, the legislators announced that they're going to raise property taxes to cover capital improvements for the schools. Are you anticipating that into the equation? MR. TINDALE: We've not adjusted -- we know what -- the school system using their two mills, I think what they're saying is they're not going to cap the two mills for construction. COMMISSIONER HENNING: Correct. But the legislators in Tallahassee are going to raise the local property taxes for building schools and -- are you taking that under consideration? MR. TINDALE: I've not read that. I know they're talking about not capping the two mills and they're not going to reduce the budget for capital and they're -- Page 172 May 22-23, 2007 COMMISSIONER HENNING: That's the local, the local ones. That's local control. MR. TINDALE: The state only operates or puts operating funds, as far as I know -- all the two mills capital is a local thing that can either be capital or reconstruction. COMMISSIONER HENNING: Right. MR. TINDALE: And I think the state's making a commitment that they don't have to eat into what they already have available for capital because they're not going to reduce or they're going to change their operating costs. But I've not read anything that the state is actually raising revenues to -- for capital that I'm aware of, and I'm sure I've not read everything, but I've not come across that yet. COMMISSIONER HENNING: Would you take that under consideration now that I reported it? MR. TINDALE: Sure. Well, if they do any changes in the credit process, then -- and if it's this dramatic, then you need to do an update because I'm telling you, that's dramatic. Ad valorem tax -- in anyone of your fees for using ad valorem tax, any change in an ad valorem tax credit needs to be responded to because this is a dramatic income. COMMISSIONER HENNING: So you're saying that you're going to take a look at that? MR. TINDALE: Well, if it happens I think the school system would almost be required to take a look at that very quickly because it'd be -- if we have a huge, you know, influx of ad valorem, the -- you and the school system both would have to look at it or you'd be in big trouble with being -- charging too much. So the answer's yes. COMMISSIONER HENNING: Okay, thank you. MR. TINDALE: Sometimes a simple yes is a lot easier. COMMISSIONER HENNING: Yeah, it sure is. I like them. The -- and I was -- I asked for the indexing. I thought it was a better way to do it to keep up with it. But Commissioner Coletta and I at the Regional Planning Page 173 May 22-23,2007 Council, we got a report. Last year to date, Collier County, we did 483 single-family permits and 406 multifamily. March of this year, we're doing -- we did 113 single-family and 174 in multifamily. So more than 100 percent drop. So I guess the question is, what good would it do to raise impact fees at this point? Would it really do good or should we -- should we look at certain ones that needs to be updated to keep up with the infrastructure? I mean, all the infrastructure's important, like you said, you know, but there's a certain point when you're going to -- and I think this is it, is when you're going to actually start collecting less than more. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: Well, I think you might have a point there, but I believe that as we go along there's not -- and I'm not sure what we're going to do to address the growth issues that are going to be before us. In fact, when we look at road impact fees, we all realize that they're going up at a tremendous amount. I believe that some of the impact fees that we presently have, we have bonding issues that we have to payoff for those items that we built. One of the areas that I think that we should look at -- and I think it's that we need to address this with our state legislators -- and that's a transfer fee on all real estate that's sold in the State of Florida whereby the transfer fee of the real estate sold in that particular county stays there and that's the -- what we use to address the impact fees so that we can eliminate the impact fees. I know, I believe, that CBIA --I've talked with them very briefly, and I think that they might jump on this bandwagon. And I -- just my idea of where I think the transfer fees ought to go. My thought is that the transfer fee ought to be as high as one and three percent, and let me explain. The one and a quarter percent Page 174 May 22-23,2007 would be used strictly for all the infrastructure that needs to be addressed here in Collier County or in the whole State of Florida for each county as -- and that one and a quarter percent of the transfer fee would be used strictly to address the growth, the roads, whatever else needs to be taken care of. The other half percent could be at a voter option where the voters would say, we need to -- in this case, for instance, Collier County -- we need to address buying land for launching boats. We need to buy a marina that may be up for sale or we need to buy property that we need to buy next to the coastline to -- so that what -- present and future residents have a place to go to the ocean. So that, I think, would be -- that would take the place of the impact fees and that way -- there's been talk that there's -- that people that have been living here for a long period of time haven't paid their fair share. But when -- when they sell their property, then they would have to pay that transfer fee and -- because the new residents that come in or people that buy new properties, they have to end up paying the doc. stamps. So I think that the people who sell the property, whether it's developers or whether it's individuals, they're the people that ought to pay the transfer fee because -- the new people coming, or if you're buying a new home or you're buying an existing home, then you have to pay the doc. stamps to the state. So that's my two cents' worth. COMMISSIONER HENNING: That's very interesting, but we're talking about what to do on this item. COMMISSIONER HALAS: Well, I think in this item, I think what we're going to have to do is we're going to have to go forward and address the impact fees or have a further study on this because of the fact that we've got some issues that are coming up before us as far as addressing growth issues. And until such time as we can get the people on board that will draw up a bill that gets passed in Tallahassee, I think this is the best Page 175 May 22-23, 2007 way. As you know, Tallahassee's already looking at ways of putting caps on impact fees, but that doesn't address our issues here in the State of Florida in the 67 counties. So I think we need to find another way and then we don't have the -- hopefully it will help alleviate the affordable house (sic) issue where people are saying, well, the impact fees are to the point where it's burdening the people who want to buy homes. And if we come up with a transfer fee, maybe that would take care of everything. CHAIRMAN COLETTA: Let's go to Commissioner Coyle. COMMISSIONER COYLE: Mr. Chairman, I recommend that we accept the findings of this study committee, or the Tindale-Oliver study, and direct the county manager to finalize a study, prepare the necessary amendments to the Collier County Code of Laws and Ordinances, and to incorporate the changes in indexing methodologies into the impact fee rate schedule. COMMISSIONER HALAS: And I'll second all that. CHAIRMAN COLETTA: Okay. We got a motion by Commissioner Coyle and a second by Commissioner Halas, and we have four speakers. Okay. Let's go the public participation part of this agenda item. MS. FILSON: You have two speakers, sir. Fred Thomas. CHAIRMAN COLETTA: Fred? MS. FILSON: Okay. I didn't see you over there, sorry. Sharon Aragona. MS. ARAGONA: Not for this issue. MS. FILSON: That's it. CHAIRMAN COLETTA: That's it. Okay. So we have a motion. We have a second. Any other discussion? (No response.) CHAIRMAN COLETTA: Did you have some comments you want to make before we vote? MS. PATTERSON: One clarification. Page 176 May 22-23, 2007 CHAIRMAN COLETTA: Clarifications we love. MS. PATTERSON: Twelve impacts fees that we need to decide on what schedule? If you want me to bring them all forward at once or if there's a -- bring them all forward at once? COMMISSIONER COYLE: As fast as possible. Tomorrow morning will be fine. COMMISSIONER FIALA: Are you going to be here in the morning? COMMISSIONER COYLE: Oh, yeah. I will be for that. CHAIRMAN COLETTA: Okay. With that, any other discussions? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor of the motion indicate by saying ayes. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: And the ayes have it 4-1, with Commissioner Henning being the dissenting vote. MR. MUDD: Commissioner, in this particular -- we have a 4:30 time certain. We're running about 30 minutes late. At this time you need to put on your CRA hat. I made a mistake earlier when I said one of the items Commissioner Henning pulled was 16G 1, and I said that it would go to lOR. It really needs to be 14B. That's something that the board needs to do with your CRA hat. So while you have your CRA hat on, I'd ask you to do 14A and now 14B, which is the item that was pulled off the consent agenda, 16G 1. Item #14A Page 177 May 22-23, 2007 THE COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVAL OF THE EXPENDITURE OF $250,000 FROM FY07 FUND 186 RESERVES TO ASSIST WITH THE ESTABLISHMENT OF A FLORIDA STATE UNIVERSITY SCHOOL OF MEDICINE RURAL HEALTH TRAINING CENTER IN IMMOKALEE. (COMPANION ITEM TO THE BOARD OF COUNTY COMMISSIONERS BUDGET AMENDMENT APPROVAL UNDER lOB TO BE CONSIDERED BEFORE 10B)- APPROVED CHAIRMAN FIALA: So which one -- the CRA board will come to order. Keep your hands off of the gavel. MR. MUDD: 14A is a recommendation that the Community Redevelopment Agency, CRA, approve the expenditure of $250,000 from FY -'07, fund 186 reserves, to assist with the establishment of a Florida State University School of Medicine Rural Health Training Center in Immokalee. This is a companion item to item lOB, and you'll hear that right after -- COMMISSIONER HENNING: Motion to approve. COMMISSIONER COYLE: Second. COMMISSIONER HENNING: Great item. COMMISSIONER COYLE: Second. CHAIRMAN FIALA: Okay. I hear a motion to approve from Commissioner Henning and a second by Commissioner Coyle. It was a wonderful presentation, by the way. Any discussion? COMMISSIONER HALAS: Does this item -- this is going to include, what is it, 10 -- CHAIRMAN FIALA: lOB-- MR. MUDD: We'll get to it, sir. COMMISSIONER HALAS: Okay, all right. I have some Page 178 May 22-23, 2007 questions on that, but I'll reserve them for lOB. COMMISSIONER FIALA: Oh. And now I understand we have three speakers. There's somebody out there that wants to talk us out of this. Would you call the first speaker who wants to talk us out of this. MS. FILSON: Okay. You're on 14A, correct? MR. MUDD: Yes. CHAIRMAN FIALA: Yes. MS. FILSON: Fred Thomas. CHAIRMAN FIALA: Do you want to pass? MR. THOMAS: Thank you very much. CHAIRMAN FIALA: You're welcome. MS. FILSON: Sharon Aragona. MS. ARAGONA: I'll pass as well. CHAIRMAN FIALA: Great. MS. FILSON: Richard Rice. MR. RICE: Waive. CHAIRMAN FIALA: Okay, Rich. All right. Very good. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Very good. Okay. And now we go to lOB? Item #14B SITE IMPROVEMENT GRANT AGREEMENT(S) BETWEEN THE COLLIER COUNTY COMMUNITY REDEVELOPMENT Page 179 May 22-23, 2007 AGENCY AND A GRANT APPLICANT(S) WITHIN THE BA YSHORE GA TEW A Y TRIANGLE COMMUNITY REDEVELOPMENT AREA. ($8,000) - APPROVED MR. MUDD: No, it brings us -- hang on to that gavel, ma'am. That brings us to item 14B, which is 16Gl. The item was asked to be pulled by Commissioner Henning, and I'll read it for the record. To approve and execute site improvement grant agreements between -- agreement of agreements between the Collier County Community Redevelopment Agency and a grant applicant within the Bayshore Gateway Triangle redevelopment area, and the fiscal impact is $8,000. Mr. David Jackson, who's the Director of your Bayshore Gateway CRA is here to answer any questions or to present. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Yeah. I just can't support -- I know it fits in -- I mean, the CRA is very -- is not limiting at all what you can do, but we're going to spend -- contribute $8,000 to put hardened -- replace windows, impact-resistant windows on a single-family home, and put pavers in somebody's driveway. Just can't do it. I'll just vote no and move on. CHAIRMAN FIALA: Do any other commissioners have any comments? (No response.) CHAIRMAN FIALA: Okay. Do I have a motion to approve? COMMISSIONER HALAS: Motion to approve. CHAIRMAN FIALA: Do I have a second? COMMISSIONER COYLE: Second. CHAIRMAN FIALA: Okay. I have a motion to approve by Commissioner Halas, second by Commissioner Coyle. And further comments? (No response.) Page 180 May 22-23,2007 CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Aye. Opposed, like sign? (No response.) COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Okay. Very good. Next? MR. MUDD: Commissioner, now you can turn the gavel back over to Commissioner Coletta. COMMISSIONER COLETTA: Oh, thank God. CHAIRMAN FIALA: I have to close. The CRA board is closed. Item #lOB A BUDGET AMENDMENT TOTALING $250,000 FROM FY07 FUND 186 RESERVES TO ASSIST WITH THE ESTABLISHMENT OF A FLORIDA STATE UNIVERSITY SCHOOL OF MEDICINE RURAL HEALTH TRAINING CENTER IN IMMOKALEE. (COMPANION ITEM TO COMMUNITY REDEVELOPMENT AGENCY APPROVAL OF EXPENDITURE UNDER 14A TO BE CONSIDERED FOLLOWING ACTION ON 14A) - APPROVED MR. MUDD: Commissioner, that brings us to item lOB, which is a companion item to 14A, and it is a recommendation that the Board of County Commissioners approve a budget amendment totalling $250,000 from FY-'07 fund 186 reserves to assist with the establishment of a Florida State University School of Medicine Rural Health Training Center in Immokalee, and it's a companion item to 14A. Page 181 May 22-23, 2007 COMMISSIONER COYLE: Motion to approve. COMMISSIONER HENNING: Second. MS. FILSON: I have two speakers, Mr. Chairman. COMMISSIONER COYLE: It's still motion to approve. COMMISSIONER HENNING: Second. CHAIRMAN COLETTA: We have a motion to approve by Commissioner Coyle and second by Commissioner Henning. With that, we have how many speakers? MS. FILSON: Two. The same two-- CHAIRMAN COLETTA: So we can open the public portion of this -- MS. FILSON: -- Fred Thomas. CHAIRMAN COLETTA: -- agenda item, and -- MR. THOMAS: Thank you very much. CHAIRMAN COLETTA: You're more than welcome, sir. MS. FILSON: And Sharon? MS. ARAGONA: I'm available if you have any question. Otherwise -- CHAIRMAN COLETTA: No, I don't think -- we're moving fine. Thank you very much. Okay. With that, Commissioner Halas? COMMISSIONER HALAS: The concern that I have on this particular item is that there's a guarantee that this is going to be provided -- the funding will be provided for one year. CHAIRMAN COLETTA: Yeah, that's-- COMMISSIONER HALAS: What's going to happen after that point in time? We don't have any guarantees on this. And is this going to be a funded mandate from the county? Or how we going to address this? Because -- are we going to close the place up? MS. ARAGONA: Well, I'd like to-- CHAIRMAN COLETTA: Your name, for the record, first. MS. ARAGONA: Sharon Aragona, Vice-President of Collier Page 182 May 22-23, 2007 Health Services. I'd like to comment. The summary did have some incorrect facts there. There is continuing money. $1.2 million is continuing money from the legislature for the FSU project. COMMISSIONER HALAS: Because we know how the legislature is. MS. ARAGONA: That part is guaranteed as much as we can be guaranteed. The additional $967,000 that was mentioned would be as a one-time money with the -- they would ask for continually for expansion. But the 1.2 is guaranteed today. So we're not expecting the project really to fold. COMMISSIONER HALAS: Well, I know that this is a state grant university that you're getting this from, FSU -- or University of Florida. But my concern is -- or you know, I guess it is FSU. MS. ARAGONA: FSU. COMMISSIONER HALAS: But my concern is that if something happens in Tallahassee where this money is not available, how is this going to -- how is this project going to continue on? Do you have any idea? MS. ARAGONA: Well, I think-- COMMISSIONER HALAS: Without coming back to the county and us being responsible. MS. ARAGONA: We're not asking for any operational money from the county. The money here that we're asking for is simply to improve the building to get it in shape so it can be used for this purpose, the education of students in the community. And the project will incorporate some revenue as it sees patients and bills patients for services and so forth. COMMISSIONER HALAS: Well, how I read this, it says, there is never a guarantee that the reoccurring funding will be approved by the state legislature; therefore, the BCC runs the risk of approving a medical center that potentially could close within one year due to the fact of operating revenues. Page 183 May 22-23, 2007 MS. ARAGONA: That's what it says there. COMMISSIONER HALAS: Is that correct in what I'm reading? MS. ARAGONA: I believe it is incorrect. COMMISSIONER HALAS: You believe that it's incorrect, okay. MS. ARAGONA: Yes. The $1.2 million for the operating expense has been guaranteed insofar as it can be. It's been ongoing allocation of money for this project through the state system. And we do have the commitment of FSU that there are other dollars that would be available. No one's entering into this project thinking that it would just be for one year. CHAIRMAN COLETTA: What I'm going to do, too, since this has become a discussion item and we're not going to a vote, I'm going to open it up for the speakers when we get to that point in time. MS. FILSON: Those are the two speakers. CHAIRMAN COLETTA: Okay. Commissioner Coyle? COMMISSIONER COYLE: I thought we were going to vote. But let me clarify something here. This money is being provided out of the tax increment funding, correct? MS. ARAGONA: Correct. COMMISSIONER COYLE: Tax increment financing from the redevelopment agency, so it's not coming out of the general funds. MS. ARAGONA: Correct. COMMISSIONER COYLE: And we will run no risk whatsoever, to my knowledge, if it does fail. MS. ARAGONA: Correct. COMMISSIONER COYLE: I hope it doesn't fail. We just won't approve any more funding for it if it fails. So we're not going to invest any of the general revenue in this process. It's coming from your community, your taxes. You're reinvesting in your community, and that's the way it's supposed to be. So you're taking the risk. I don't see that there's a downside here, but -- and I hope it -- hope it continues. I Page 184 May 22-23, 2007 hope it doesn't fold, and I don't think it will. MS. ARAGONA: I would concur with you. COMMISSIONER COYLE: Okay, good. CHAIRMAN COLETTA: Is there any other questions? (No response.) CHAIRMAN COLETTA: Hearing none, all those in favor of the motion, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it unanimously. MS. ARAGONA: Thank you very much. MR. MUDD: Mr. Chairman, if! could just ask, how many people in this room are from Goodland? MS. FILSON: Sixteen speakers. MR. MUDD: Okay. CHAIRMAN COLETTA: If! may, I want to poll my fellow commissioners, because we have some other people that have been waiting all day, and if we just continue right till nine o'clock at night, we might get done. I know we have part of tomorrow available. We've got a lot of agenda still to go through. COMMISSIONER COYLE: I suggest you take those tomorrow mornmg. CHAIRMAN COLETTA: Well, we're at 5:12 now. COMMISSIONER COYLE: You got Conservation Collier, you've got at least three -- COMMISSIONER HALAS: Four. COMMISSIONER COYLE: Well, three, at least, Conservation Page 185 May 22-23, 2007 Collier things on the agenda ahead of the others. So do the three Conservation Collier things, it will take us up to six o'clock, and we're gone and do the rest of it tomorrow. CHAIRMAN COLETTA: Oh, let's do it differently. Let's do Goodland and get them done. COMMISSIONER HENNING: Mr. Chairman? CHAIRMAN COLETTA: We've got some -- and at that point in time, yeah, it would be six o'clock. And if we've got a few more minutes, we'll try to squeeze something in to meet the other people in the audience. I apologize. I mean, it's a very heavy agenda we've had today. We started at eight clock this morning. I'm the youngest person up here and I tell you, I'm getting tired, carrying the load for the rest of these people COMMISSIONER FIALA: You're not younger than he is. COMMISSIONER HENNING: Mr. Chairman? CHAIRMAN COLETTA: I am younger. COMMISSIONER HENNING: Mr. Chairman? CHAIRMAN COLETTA: Yes, sir. COMMISSIONER HENNING: I got one quick thing. I want to make a motion to approve lOD, recommendation of the Board of Commissioners to accept the interim report. No, the 10C, that's buying that land up -- COMMISSIONER FIALA: Didn't we do that already? COMMISSIONER HENNING: Which one was it? CHAIRMAN COLETTA: No. Commissioner Henning, we're going to hear each item for what it's worth. There's some that I have questions on. You know, if --let's go through this. We've got time, then we'll discuss where we're going to go with the next one. But I really do want to get the people from Goodland who came here. We've got 16 of them. And if they come back tomorrow, they're not going to be happy campers, and we'll have to make them breakfast Page 186 May 22-23, 2007 or something to make them happy. So let's go right to that issue. Item #12A THE RESULTS OF THE SURVEY OF GOODLAND RESIDENTS AND DETERMINE WHETHER OR NOT TO PROCEED WITH PROPOSED AMENDMENTS TO THE GOODLAND ZONING OVERLAY AS WELL AS THE CREATION OF A GOODLAND ADVISORY BOARD - MOTION TO TAKE NO ACTION - APPROVED MR. MUDD: Commissioner, that would -- if we're going to take a look at the Goodland survey, that would be 12A. COMMISSIONER FIALA: Yeah, but we ended at -- 10E was the next one up, right? Everything up to that point. MR. MUDD: Yes, ma'am. We have to do 10E, and then we'd move our way up. COMMISSIONER FIALA: Okay. But right now we're going to 12 -- MR. MUDD: A, ma'am, that the Board of County Commissioners consider the results of the survey of Goodland residents and determine whether or not to proceed with proposed amendments to the Goodland Zoning Overlay as well as the creation of the Goodland Advisory Board. MR. WEIGEL: Mr. Chairman and Commissioners, earlier at a prior meeting, working with the Goodland citizens, you directed the County Attorney Office to assist and administer a survey that was prepared by a citizen group to go out to the property owners of Goodland. I want to say at the outset, you have the survey result before you in the executive summary, which is quite explanatory. But additionally, there has -- an issue has come up since the receipt of the surveys and the compilation of results relating to the Board of County Page 187 May 22-23, 2007 Commissioners and how you would review the results that came in from the survey. Now, at a prior board meeting there were three different indications by commissioners as to the viewpoint of the board toward the survey results. Mr. Coyle indicated that he'd be looking to a 50 percent plus one of the owners. And in this case, we had, I believe, about 469 properties, 357 owners there. Again, Mr. Coyle indicated looking to at least 50 percent plus one of the owners. Mr. Halas indicated that he was looking to 50 percent plus one of the people. Mrs. Fiala indicated 50 percent plus one of the votes. So it's your decision, your policy, as to how to apply. The executive summary, which Marjorie Student-Stirling will explain a bit, and the results, has been prepared indicating 50 percent -- 50 percent plus one of the owners. And if you have no further question of me, I'll allow Ms. Student-Stirling to present. MS. STUDENT -STIRLING: Thank you. For the record, Marjorie Student-Stirling, Assistant County Attorney, and I just want to give you a little bit of how we handled the mail-out and survey and so forth. Goodland Preservation Group brought to us a letter that was a cover letter to accompany the survey and the survey with the questions that you see replicated in your executive summary. We obtained the property appraiser list, and our staff, in particular, Ms. Sandra Herrera and Ms. Tamara Outhouse, looked at the property appraiser list and the envelopes to whom they were addressed and verified that they, in fact, were on the list. Our office also accompanied representatives of the group for when the surveys were mailed, so they were mailed out. Random phone calls, about 30,35 calls, were made by our staff to the recipients of the survey to make sure that they had, indeed, received Page 188 May 22-23,2007 them, they were a property owner, and so on. The survey required not only the signature of the property owner, but they had to print their name as well. They were count one vote per property, but if you had multiple properties, you only got one vote, and I think we explained that to the commission when this matter was discussed prior to. Mr. Weigel explained how in the minutes of the prior meeting where there -- this was discussed, that Commissioner Coyle had expressed an interest in 50 percent plus one of the property owners, Commissioner Halas had stated 50 percent plus one of the people, and Commissioner Fiala had stated 50 percent plus one of the vote. And in the executive summary, you see under each question how the votes -- how they're counted, yes or no. If you looked at 50 percent plus one of the property owners, then you will see that the requisite amount, being 177, didn't make it. If you look at a majority or 50 percent plus one ofthe actual vote, you will see that every one of the votes carried with the exception of the one concerning the maximum square footage of the residence. So that is an overview of how we proceeded. We worked diligently for, oh, about a month, or our staff did, and I take this opportunity to thank them as well. So depending upon what is the commission's pleasure. I -- these will be factored, I suppose, when Land Development Code amendments are considered, because as I understand it, the group has gotten LDRs in progress on these matters. CHAIRMAN COLETTA: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. This is really, really tough. What's happened in my opinion, only my opinion, is you have a whole village of people who want the same thing and that is they want to preserve their village the way it is. They don't want any change. And everybody feels the same. If they want to put crab traps in their front yard, they should be Page 189 May 22-23, 2007 able to do that, and they want that. If they want to park in the swales, they should be able to do that, and they want that. If they have a trailer that flows over on a 25-foot lot, they want to have nothing restricting them from building back on the 25-foot lot because it's their village. It's a fishing village, and that's their character. Both sides have actually from what I've seen, said the same thing, we don't want change. We want to be left alone as we are. The thing is, it seems that as one side -- and it becomes like the Hatfields and McCoys really. One side is trying to put that into legislation to preserve that village, the other side is fighting it and is misinterpreting it. And what can happen, very simply, is ifthere aren't any type of regulations at all, anybody can come in and build -- now, 14,333-square-foot home is now the norm. That's considered average because that's what -- in the law it says it has to be a small village -- fishing village character and that's what we're going to build, so that means anything can up from there, anything can go down from there. It can be all over the board. And if that's what they want, then that's okay, if that's what they consider fishing village character. If you want to be able to build as much as you want and how much you want, well, that's fine. That's the way I feel. Just let them do it. The other side has been saying, well, now, you know -- but then people are going to go crazy because you see what's happened in the City of Naples and you see what's happened on Isles of Capri. There's a lot of people out there that have a lot of money and want to locate on water, and they look at that water and they buy up lots, and then they build bigger and bigger. And then all of a sudden, like in the City of Naples, the people that were living there who had the quaint little places -- it was a darling little place at one time -- all of a sudden are overrun with the mega houses. Page 190 May 22-23, 2007 Now they are trying to stop them because they also have problems with stormwater runoff because there's things filling their whole lot, so then they have problems with that. So that's what the other side was trying to do. Now this lady's shaking her head, and maybe I'm wrong. Maybe you want big houses like that. Do you? Okay. Well, then if you want great big houses, the way I feel is -- and -- but don't ever come back to us and then say, why did you let this happen to us, because if that's what you want, you want as big as they get and you want nothing stopping any developer -- just take a look and see what's happened to that. And as far as I'm concerned, you know, I just don't know what to do anymore. It's -- how can you make a decision between one side and the other? I think they both have good intention. CHAIRMAN COLETTA: I don't know. This decision's -- the decision of this commission as to whether -- how to interpret this survey and where to go with the action. You know, we always believe in the right of the people to be able to express themselves through a vote. Only thing is, the interpret (sic) of what the vote is what's raised all sorts of problems. I kind of agree with you that a vote's a vote. Now, we're not elected to office by the majority of the population. We're elected to office by the majority of the voters. Whoever shows up, expresses their opinion, they're the ones that have their say. If you don't -- I mean, it's really weird when you go through these numbers. They're talking about a total of 198. If you add anyone of these columns up, it doesn't equal 198. So some of the people voted on some of the issues and some of the others they didn't. What do they call that? A-- COMMISSIONER FIALA: Cherry picking? CHAIRMAN COLETTA: Well, cherry picking. But there's a term for it in voting, where you just ignore certain things. You-- either you -- Page 191 May 22-23,2007 COMMISSIONER HALAS: Under vote. CHAIRMAN COLETTA: Yeah. And it raised a little bit of confusion. But the way I look at it -- I mean, God help you because, I mean, whatever you do, you're going to have a little bit less than half the population mad at you on every one of these issues. COMMISSIONER FIALA: That's right. CHAIRMAN COLETTA: Commissioner Fiala, I wouldn't want to trade places with you for anything in the world right now. Let's go to Commissioner Coyle, then Commissioner Henning. COMMISSIONER COYLE: This is real easy. We got in the middle of this kind of fight in Naples Park. I'm not going to get in the middle of it again. I am not going to stand between two groups of people in a community who are fighting about what they want to do, and so I'm not going to do anything. And whenever there is a very clear majority and a very clear direction among the residents there, I'd be happy to listen to some proposals. But until that point in time, I'm not getting involved in this. CHAIRMAN COLETTA: Okay. That's a good opinion. Commissioner Henning? COMMISSIONER HENNING: Yeah, and I totally agree with that. And this vote is not a -- you're not voting on the -- it's not a beauty contest. It's about property rights. And, you know, they all can vote except for one person who wants to retain his property rights, and that's going to be a problem for me and the taxpayers. COMMISSIONER FIALA: I don't know what you mean by that. If you just let it go, it doesn't stop anyone. COMMISSIONER HENNING: No, no, but if you -- I agree with that, but if you go along with doing massive changes, that is a property rights thing. COMMISSIONER FIALA: Now, can they still-- 'cause if we don't have anything in place, can they still put lobster traps in their front yard? I mean, code enforcement can't come -- one of the things Page 192 May 22-23, 2007 that they did was, I want to preserve the old sign. Well, unless you're wrong. Am I wrong? COMMISSIONER HENNING: Well, wait a minute. Let me ask answer your question. COMMISSIONER FIALA: Okay. COMMISSIONER HENNING: You can have crab traps there. COMMISSIONER FIALA: Yeah. COMMISSIONER HENNING: And I don't think -- how many lobsters they catch. I think they catch some other stuff. But that is in the fishing village. COMMISSIONER FIALA: Well, we put that into the overlay. COMMISSIONER HENNING: Right. COMMISSIONER FIALA: Right. Because code enforcement was coming in and saying, you can't do that and you can't rebuild on the small lots. And so we said, no, we want to be able to have the old signs. If they want old signs, let them have the old signs. And if they want to have parking swales, let them do that. And if they want to rebuild, let them do it. And that's the way -- COMMISSIONER HENNING: So what'd you do about it? COMMISSIONER FIALA: Well, it's in place. There is an overlay. COMMISSIONER HENNING: So you fixed it? COMMISSIONER FIALA: Well, I think. But now if they don't want that either, I don't know. COMMISSIONER HENNING: No, they want that. CHAIRMAN COLETTA: Okay. Let's not engage the audience before they get up front. County Attorney? MS. STUDENT -STIRLING: I just wanted to state that last year you all passed an amended post disaster recovery ordinance, and the ordinance should cover the situation ifthere's a hurricane or some type of catastrophe where they needed to rebuild on a -- what was called a Page 193 May 22-23,2007 legal nonconforming lot. And perhaps, if anyone's here from community development, they could possibly address that further. We also have protection -- COMMISSIONER FIALA: Wait. Margie, let me stop-- MS. STUDENT -STIRLING: Yes, ma'am. COMMISSIONER FIALA: -- you right there. You said legal nonconforming. What about if it isn't a legal nonconforming lot? I mean, if it's just -- you know, some of the lots are really old. Can they still rebuild on a tiny lot? MS. STUDENT -STIRLING: A legal nonconforming lot means that you were platted and subdivided before the first Land Development Code or before amendments to the code that would -- those amendments would now make your lot too small. They are protected because -- COMMISSIONER FIALA: Okay, good. MS. STUDENT -STIRLING: -- they are part of a -- and I am told by staff that in Goodland it is a subdivision that was platted legally and all that. So they should -- based on what I was told, they should enjoy that legal non-conforming lot of record status, you know, as to amount of lot area that you need to rebuild. And then in the post disaster recovery ordinance, there's also provisions that if you can document your original footprint and so forth, you can rebuild to that. So the post disaster recovery ordinance would come into play there as well where you can build to your original footprint. CHAIRMAN COLETTA: One of our options is to take no action at all. We don't put it even to a vote, correct? MS. STUDENT -STIRLING: That's up to the -- that's up to the board. Our mission was to present to you the results of the survey. CHAIRMAN COLETTA: Let's do this. We've got Commissioner Halas, and then let's go ahead and listen to the 16 speakers and we'll go from there. Page 194 May 22-23,2007 MS. FILSON: Seventeen now. CHAIRMAN COLETTA: I'm sorry. What's that, Commissioner Fiala? COMMISSIONER FIALA: I was going to say unless there's somebody that wants to make a motion. COMMISSIONER COYLE: That's an hour's worth of speakers. COMMISSIONER HALAS: Okay. I just want to -- my turn? Okay. I just want to say that I feel sorry for where Commissioner Fiala is. I inherited the problem up in Naples Park. And what happened is that one particular individual who led the charge made it sound like -- that the whole community was in favor of that particular person's idea. And the county spent a vast amount of money to address some of the concerns. And all of a sudden it turned into an uprising Hatfields and McCoys, and the commission was really abused because we got in the middle of it and didn't realize that the -- the real concern was that -- was just a small fraction of people and it wasn't an outcry from the community. We learned our lesson. And as Commissioner Coyle said, we're not going to get involved in this issue but -- unless you can convince us. But I'm telling you now that we don't want to get involved and make a judgment in which way to go. It has to be a very decisive clear direction from the people of that community, then we may have an understanding of where we're going on this, the direction that we need. But I want to thank each and every one of you for being here today. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Mr. Chairman, I'm going to make a motion the board doesn't take any action -- COMMISSIONER COYLE: Second. COMMISSIONER HENNING: -- on any Land Development Code amendment. Page 195 May 22-23,2007 CHAIRMAN COLETTA: Okay. We can put it in the form of a motion, that's fine. COMMISSIONER COYLE: You've got a second. CHAIRMAN COLETTA: So we have a motion by Commissioner Henning and a second by Commissioner Coyle to take no action. Now, we're going to bring the speakers up. Now, let's talk about the terms of engagement. You're coming up here, you're addressing the commission. You're not addressing those in your community that you have a disagreement with. And please, it's getting late. Don't be repetitious. I mean, we're a little slow. You don't have to repeat it more than two or three times. We can get a message through. So let's go with it. And if for some reason you think that it's already been covered, don't hesitate to -- Mr. Mudd, I'll be right with you. Don't hesitate to give a wave sign. It's very healthy to do that. And then we'll proceed to the next speaker. And then everybody can go home for dinner. Mr. Mudd? MR. MUDD: Sir, I believe that Mr. Clay Brooker represents 16 of those speakers. And if you would hear him first, and he can basically show the people that he's representing and to give their -- and give you their opinion or their side of the particular issue, I think you can shorten your time. CHAIRMAN COLETTA: Is Clay here? Yes, please come forward. COMMISSIONER FIALA: Unless he likes the motion as it is, huh? CHAIRMAN COLETTA: You know where we're going with it, so however you're going to address us, keep everything in mind. We've seen people sometimes change our minds. MR. BROOKER: I hear you loud and clear. Clay Brooker, for Page 196 May 22-23,2007 the record, with Cheffy, Passidomo. We do represent many of the property owners in Goodland who oppose this proposal and oppose it from going forward at this point in time. There is a proposal alive right now. It has been before the Development Services Advisory Committee, and parts of it have been before the EAC. The DSAC voted unanimously against the proposal primarily on a property rights basis. But I think the majority of the people here -- as a matter of fact, I think all 16 or 17 speakers are in opposition to the proposal. And if I could get a show by hands who is opposed to the proposal, I'd appreciate it. That gives you an idea. I think that covers the vast majority of the speakers. What's happening here is there's a movement by certain groups within Goodland that mayor may not claim that they have the majority of the community behind it. These people are here to tell you they don't think that's the case. No matter how you crunch these numbers -- and there's different ways you can do it -- I believe you see that even in the best-case scenario, the vote is very, very close. And so under those circumstances, there is not a decisive outcry. I think there's going to be problems down the road in terms of who gets a vote, who doesn't get a vote, why if someone owns more than one property -- if they own 10 properties so they're going to be impacted 10 times by this change, why do they only get one vote? That's just one of the many issues that exist and why there is a movement here for these people who have sat here from this morning to say, not just don't take any action, but the agenda item was whether or not to proceed with the proposal. And I believe their request would be not to proceed at all. So we are in favor of the executive summary in terms of the fact that it doesn't show a decisive outcry one way or the other. Weare not going to oppose a motion that says, let's not take any action because that's not so bad for our position. But our preference would be a Page 197 May 22-23,2007 motion to say, stop now because your survey results -- by the way, the survey was drafted and sent out -- I know with the help of the County Attorney's Offices -- but by one of the groups that's not represented here, so there's an issue here that we've had three surveys, some people just throw them in the trash after they get the second or third because we're tired of it. So until -- I think the preference would be from these speakers to have it say -- CHAIRMAN COLETTA: May I help you? MR. BROOKER: -- not to proceed. CHAIRMAN COLETTA: May I help you? The motion that's on the floor is a good one. It gets you where you need to be. If we're going to have 16 people argue with us at this late time, I don't know where it's going to go. And you people pay a fortune for an attorney. And while you're arguing with us, he's charging you by the hour, too, by the way. MR. BROOKER: That's unfair. CHAIRMAN COLETTA: So with that, we're going to call each and every one of your names, and if you still want to argue with us about the motion, we'll be happy to listen to you. COMMISSIONER COYLE: Can we just clarify the motion? To me the motion is exactly the same thing that Clay is saying. When we say, we're not going to get involved in it, we're not going to take any action, that means we're not going to approve any overlay that is processed. That's what it means to me. CHAIRMAN COLETTA: No action. COMMISSIONER COYLE: It's over with, okay. Is that right, Commissioner Henning? Is that your -- COMMISSIONER HENNING: It's done. COMMISSIONER HALAS: It's done. COMMISSIONER COYLE: Yeah. So it doesn't go anywhere. COMMISSIONER HENNING: The skin lady has sung. Page 198 May 22-23, 2007 CHAIRMAN COLETTA: But call the names off in a nice orderly fashion, Ms. Filson. MS. FILSON: Jim Inglis? COMMISSIONER HALAS: Just wave if you -- CHAIRMAN COLETTA: Just wave. MR. INGLIS: Vote for your proposal. MS. FILSON: Russell Holden? MR. HOLDEN: Same here. MS. FILSON: Niki Graham. MS. GRAHAM: I agree. CHAIRMAN COLETTA: You do? Very good. MS. FILSON: Steve Comancho? MR. COMANCHO: Thank you kindly, Commissioners. CHAIRMAN COLETTA: Thank you. MS. FILSON: Clyde Camerson? MR. CAMERSON: Good job -- Camerson, you got my vote. MS. FILSON: Bobbie Dusek? MS. DUSEK: (Waves hand.) MS. FILSON: John Boggs? MR. BOGGS: (Waves hand.) MS. FILSON: Beverly Boggs. MS. BOGGS: (Waves hand.) MS. FILSON: James Boggs? MR. BOGGS: (Waves hand.) MS. FILSON: Mr. Schmidt. I can't pronounce your first name. MR. SCHMIDT: I agree. MS. FILSON: Thank you, sir. Harlan Johnson? Do I get a waive? MS. GRAHAM: Oh, I'm sorry. He had to leave, but you get a WaIve anyway. MS. FILSON: Okay. Ken and Tommie Moss? MR. MOSS: Waive. Page 199 May 22-23, 2007 MS. FILSON: Earl Cowles? MR. COWLES: (Waves hand.) MS. FILSON: Kim --I'm sorry. Jim Ketchum? MR. KETCHUM: (Waves hand.) MS. FILSON: Ray Bozicnik? MR. BOZICNIK: Thank you. MS. FILSON: Rick Kames? MR. KARNES: Agree, thank you. MS. FILSON: That's your final speaker, Mr. Chairman. CHAIRMAN COLETTA: Thank you. And with that, I'm closing the public portion -- COMMISSIONER HENNING: I'm going to change my motion. CHAIRMAN COLETTA: No, no. We didn't hear you. COMMISSIONER COYLE: Let's approve that overlay. CHAIRMAN COLETTA: Before anything goes wrong here, all those in favor of the motion, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it. Go in peace. I hope. I hope you go in peace. I'd like to -- real quick. We have a few more minutes. I'd like to query who's still here that has items that -- we want to try to avoid them coming back tomorrow. I know one is water management. MS. FILSON: I have seven speakers on seven different items. CHAIRMAN COLETTA: Seven different speakers on seven different items. We're never going to make six o'clock at that rate. MS. FILSON: Do you want me to call the items out? 10E,10F, Page 200 May 22-23, 2007 lOH, lOP, 10 -- CHAIRMAN COLETTA: The water management, I do believe that they were planning to be back over in Palm Beach, and so we should take that item and get them off the table here. COMMISSIONER HALAS: Which one was that? MR. MUDD: Sir, it's 10H, this is a-- CHAIRMAN COLETTA: I see your hand, ma'am. We're trying to accommodate as best we can everybody in the world. Item #lOH A SUPPLEMENTAL AGREEMENT WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) RELATED TO A SEPTEMBER 23,2003 AGREEMENT THAT CONVEYS OR CAUSES TO BE CONVEYED AT NO COST TO COLLIER COUNTY FEE SIMPLE INTEREST TO 640 CONTIGUOUS ACRES, MORE OR LESS, FOR OFF HIGHWAY VEHICLE (OHV) USE AND APPROVE ANY AND ALL BUDGET AMENDMENTS DEEMED NECESSARY IN ASSOCIATION WITH THIS ACTION - APPROVED W/MODIFICATIONS THAT WERE ON THE AGENDA CHANGE SHEET MR. MUDD: This is 10H. It's a recommendation to enter into a supplemental agreement with the South Florida Water Management District related to a September 23,2003, agreement that conveys or causes to be conveyed at no cost to Collier County fee simple interest to 640 contiguous acres more or less for off-highway vehicle, OHV, use and approve any and all budget amendments deemed necessary in association with this action. COMMISSIONER COYLE: Motion to approve. CHAIRMAN COLETTA: Well, slow down. Page 201 May 22-23, 2007 MR. MUDD: Mr. Barry Williams, your Director of Parks and Rec. -- COMMISSIONER HENNING: Is this a new one? MR. MUDD: -- along with Ellen Chadwell from your County Attorney Office will be present. COMMISSIONER HALAS: Why do they give this to us now? COMMISSIONER COYLE: Yeah. COMMISSIONER HENNING: Okay. Everything changed is underlined or marked through, right? Otherwise, I want to continue this item. CHAIRMAN COLETTA: If! may, I'm going to jump right to the chase of, the only thing I have against this agreement -- and I'm really having a problem with it -- and maybe it's been struck out with the new thing you're handing out now, I don't know. It has to do under the amended agreement between South Florida Water Management, number eight, the district will have no affirmative obligations under the October 2003 agreement, between the district, the county, and the board of trustees and the inner -- internal improvement trust fund to maintain the roadways and/or provide access to the Picayune Strand in the areas identified in the 2003 agreement. It is the intent of the parties as represented in the previous chapter 164 discussion with counsel for the board of trustees that the State of Florida Division of Forestry shall have the sole responsibility for the maintenance of roads and the providing of access in the Picayune Strand in areas referenced in the 2003 agreement. Wow. Is this another way of saying that this is going to nullify that part of the agreement, that they don't have to provide access to the Picayune MS. CHADWELL: No, sir. CHAIRMAN COLETTA: -- or Jane's Scenic Drive? MS. CHADWELL: No, sir. The original agreement says the Page 202 May 22-23,2007 state and district agree to maintain those roadways, and then it lays out these number of conditions. The district has always maintained that it was never the original intent of the parties that the district have that responsibility since the state, through the Division of Forestry, takes care of that area. So they've been trying to just have that clarified by having them removed from the agreement. My concern was to make sure that the state was -- because this was a tri-party agreement, I thought we needed all three parties to agree to it. So I had asked the district to contact Mr. Bud Vilhaur (phonetic) from the DEP, who was responsible at some of the joint discussions that we had under chapter 164, and he emailed me back today, and he said that as we've discussed previously, the board of trustees has a managed agreement with Department of Forestry to handle the road and access obligation. The district is not responsible for that issue. Accordingly, we have no objection to deleting them from that paragraph. So the obligation is there. It's just -- the obligation is squarely on the state's shoulders in that respect. It just removes the district from having any purported obligation. CHAIRMAN COLETTA: They were part of the original agreement to share that responsibility, weren't they? MS. CHADWELL: Yes. They were both listed on there. CHAIRMAN COLETTA: They want to be released from it, in other words, so that it's only -- we only have to deal with the Department of Forestry; is that correct? MS. CHADWELL: Yeah, because it's their contention that they don't have any control over that area and that the state has agreed to maintain the access to the areas under the original agreement, so -- CHAIRMAN COLETTA: My concern is, why did they enter into the agreement in the first place? MS. CHADWELL: Why did the district? Page 203 May 22-23, 2007 CHAIRMAN COLETTA: Where they took on the responsibility along with forestry, water management took it on with forestry to be able to make that agreement. MS. CHADWELL: Well, quite honestly, I included them in that provision originally when I drafted that agreement -- CHAIRMAN COLETTA: Good work. MS. CHADWELL: -- just because I always like to have everybody kind of on the hook when it comes to those sorts of thing. But because the state is -- through the Division of Forestry is manning that and they are certainly on the hook to maintain that, I didn't have any problem with removing the district at this point in time. CHAIRMAN COLETTA: But you don't feel this is giving away any of our ability to be able to assure that our residents will have access to the Picayune and Jane's Scenic Drive and all the other amenities that were originally promised? MS. CHADWELL: No, I do not, sir. CHAIRMAN COLETTA: Okay. That's all I needed. That's why we got counsel. MR. MUDD: Commissioner, this was also an item that you discussed at the joint workshop that you had with the South Florida Water Management District. It was one of their items of concern. They're really not controlling the roads because they -- they're not the agency to do it, and they asked they get taken off that. CHAIRMAN COLETTA: But I had to bring the subject up, and I appreciate the honest and straightforward answers. Commissioner Henning? COMMISSIONER HENNING: Ms. Chadwell, what's changed between our agenda item and this one? MS. CHADWELL: Okay. MR. MUDD: The only thing that's changed, sir, is what I read into the record this morning on the change sheet under 10H. COMMISSIONER HENNING: I didn't get that. All I got -- oh, Page 204 May 22-23, 2007 I got the one from last night. MS. CHADWELL: Yeah. Unfortunately the copy that was given to you doesn't have the underline because it's a final executed, fully executed lease. We've been waiting for that for a number of weeks now to include it, and John was just able to take care of that yesterday so he brought it over with him today. But that's going to be attached as part of the agreement. My concern was that this board enter into any agreement without having that tied down. So I wanted them to execute the lease before we entered into this supplemental agreement, assuming you approve it. COMMISSIONER HENNING: What's the change between this one and the one in our agenda again? MS. CHADWELL: They've added some language in paragraph MR. MUDD: Here we go. The last sentence of paragraph five of the supplemental agreement will be amended to read, if no objection is made, district, at no cost to the county, shall convey title to county to the Lake Trafford site by quitclaim deed. Paragraph three of the lease to be attached as Exhibit B to be supplemental agreement has recently been modified by Alico to read: Lessee shall provide or cause to be provided on-site management during all times that the premises is open for public A TV use, including a gatekeeper stationed at the gate to be constructed at the public entrance to the premises and another gatekeeper stationed in -- at the exiting gate along the boundary line between the premises and the lessor's adjacent property. The county's on-site manager shall be equipped with a fire extinguisher and a shovel for use as a first line of defense in the event fire threatens the premises while they are on site. The emergency telephone numbers for the local fire department and emergency medical response unit, the Collier County Sheriffs Department and the Alico fire management officers, shall be posted at Page 205 May 22-23, 2007 the gatekeeper's station. In addition, under use, no fuel shall be bought, sold, or stored on the premises. A copy of the lease will be available at the presentation of this item. COMMISSIONER HENNING: Did anybody get a change sheet? COMMISSIONER HALAS: Yes, I did. COMMISSIONER HENNING: You did? Can I look at it, physically look at it? Thanks. COMMISSIONER HALAS: Sure. COMMISSIONER HENNING: Maybe it's because of the budget cuts we only get one. COMMISSIONER HALAS: No, no, no. I think everybody got one. COMMISSIONER FIALA: I didn't get one either. COMMISSIONER HALAS: You didn't? COMMISSIONER FIALA: Uh-uh. MS. CHADWELL: Commissioner, while you're reviewing that, could I have Mr. Dunnuck also clarify something on the record regarding the fuel storage? We're concerned that we're going to need to have some fuel in the parking areas in order to refuel any A TV s that staff is using as well as the private A TV users, and we wanted to -- my concern was that that storage could be interpreted as applying in that instance, and I think he would like to clarify what his understanding what Alico is on that position. CHAIRMAN COLETTA: Yeah, John, go ahead. MR. DUNNUCK: Good afternoon. For the record, John Dunnuck, Program Implementation Manager for the Everglades Restoration Program. To clarify, Alico's concern was that there be a permanent mounted fuel facility at the site, and they wanted to avoid that because Page 206 May 22-23,2007 that puts them into a realm of additional environmental protection issues. To bring the extra can of gasoline to keep in the truck to make sure that we keep the A TV s fueled for driving around is not their issue. They just want to make sure it doesn't stay there overnight and doesn't become a permanent facility. CHAIRMAN COLETTA: Okay. Let's go to the questions the commissioners have and we might be able to get this moving forward. We've got one speaker that we'll get to very shortly. Commissioner Halas? COMMISSIONER HALAS: I have some concerns, as Commissioner Coletta had. When we turned over the roads out there, I assumed that Jane's Scenic Drive would become passable. And since we've turned that land over, if you got a standard passenger car, it's almost unpassable with a passenger car, and I don't own a Jeep. And I'm wondering what we can use for a hammer to make sure that that road is graded to the point where it can be passable, that it isn't -- it doesn't have the six-foot deep holes in it filled with water so that you can't get around through it. I also have a question in regards to this agreement with Alico. Is it for 150 acres or is it for 120 acres? I need some clarification on that because I heard a rumor that it may be only 120 acres and not 150, as we assumed it was going to be. MR. DUNNUCK: The executed lease is actually for 164 acres. COMMISSIONER HALAS: A hundred and sixty-four, usable acres? MR. DUNNUCK: Well, yes, it's in the lease area. COMMISSIONER HALAS: Okay. MR. DUNNUCK: I mean, to define usable. There are wetlands within that usable area, but that was also, you know, considered. COMMISSIONER HALAS: Okay. County Attorney, what can we do to put pressure on and to get that road so that's passable by automobiles and not by tanks or Jeeps? Page 207 May 22-23, 2007 MS. CHADWELL: Well, I mean, I'm not sure what obligation you're referring to that relates to Jane's Scenic Drive. COMMISSIONER HALAS: Jane's Scenic Drive, the whole road to use that as a way to take people out there and observe the wilderness and all of the wonderful abundance of wildlife. MR. WEIGEL: Let me jump in as historian on this, and this is, there was about 10 years ago an intent to do that, and the fact was that environmentalists, Ms. Payton and others, owned property along there at that time, and they were going to assure that there was not going to be the ability to improve that area. Since that time, with the purchase of essentially all those parcels by the state -- by the state, we deal solely with the state in that regard. So the pressure probably would exist at the political, at the elected level at this point in time. COMMISSIONER HALAS: Oh, boy. That's why I hate to cut the South Florida Water Management out of this -- out of this contract because I think that we can apply pressure to them to make sure that that road is somewhat passable. I'm not saying it has to be blacktop, but it should be to the point where all you need to do is, you can drive down through that area, just to drive. You're not parking, you're not doing anything else. You're just observing what's there as far as wildlife, the abundance of the flora and the fauna. CHAIRMAN COLETTA: All right. I hear you. Let's go to Commissioner Coyle and see if we can-- COMMISSIONER COYLE: I didn't have any questions. It must have been left on from last time. CHAIRMAN COLETTA: Okay. I tell you what, I've heard everything. I listened to it. I'm going to take a motion for approval, and I'll tell you why. MS. FILSON: I have a motion for approval. CHAIRMAN COLETTA: We're going to --I'm sorry? COMMISSIONER HENNING: You already have a motion to Page 208 May 22-23,2007 approve. COMMISSIONER COYLE: I've already motioned to approve. CHAIRMAN COLETTA: Okay, fine. Did we get a second? MS. FILSON: No, no second. CHAIRMAN COLETTA: Okay. Then I'll make the motion for approval and you can second it. COMMISSIONER COYLE: I'm not going to second it. COMMISSIONER FIALA: I'll second it. COMMISSIONER HALAS: I'll second it. CHAIRMAN COLETTA: I know the lateness of the hour, and I'll tell you why, and then we'll call up the speaker. It's because of the fact that we've been through the meeting with water management, they showed good faith in coming out to meet with us, they brought everybody over from Palm Beach, we discussed all these issues. We got through to them the importance of how important it is to able to keep the area open. They absolutely have no control over it. They're almost a third party to this whole thing. They're trying their best now to make us whole on a deal that was less than perfect when it was made, and I don't want to hold it up any longer. I want to see this place opened up for, the temporary facility. I want to be able to see us move to the permanent facility in how long, about a year? COMMISSIONER HALAS: Two years. CHAIRMAN COLETTA: Two years. And if we -- if we debate this and we move it to another realm, who knows what might happen at that point in time. But with that, let's call the speaker. Let's go to the public portion. MS. FILSON: I have one speaker. Jess Moscardelli. CHAIRMAN COLETTA: Thank you for waiting. MR. MOSCARDELLI: Hi. This really has been a deal that was not well made. CHAIRMAN COLETTA: Would you state your name first. Page 209 May 22-23, 2007 MR. MOSCARDELLI: Jeff Moscardelli. CHAIRMAN COLETTA: Thank you, Jeff. MR. MOSCARDELLI: Let's face it, it's been dragged out for so long that it's ridiculous. At this point I'm asking that they at least have to be attached onto this deal, because they have jerked everybody around for so long in this process, it's ridiculous. I explained it to him earlier on today. We had some words back there, whether he liked it or not. That land that was Bad Luck Prairie, people for generations of families went out there. They went camping. They went and stayed the night out there. They had no problem. That was a great place. It wasn't just some place where people went A TV riding, that it gets publicized as. This was a place where families went to get away from, I hate to say this, but the mess that our politicians are making with the overdevelopment. It got them away from the traffic jams for the weekend. And now we have to be told, in order to do that -- but you can't go camping anymore. You got to go all the way out to Immokalee. No one wants to go out to Immokalee, okay. I mean, let's face it, going up Immokalee Road is like taking a rickshaw ride right down an icy mountain, all right. It's not any fun. Is it? No. You know, it's like taking, you know, a sharp stick in the eye sometimes. It's -- you know, I've asked them at this point if they've dragged this out this long, they can come up with some more money, they're going to end up buying land for us out in Immokalee. They can find some around here in Naples. Heck, there's some off 95 1. There's the old Gargiulo places on 41. This is getting ridiculous. It's like treating us like third-class citizens. Thank you. CHAIRMAN COLETTA: Thank you for your input. And with that, is there any other discussion? Commissioner Henning, do you have something else? COMMISSIONER HENNING: Yeah. Page 210 May 22-23, 2007 CHAIRMAN COLETTA: Yes, please, go ahead. COMMISSIONER HENNING: I just discovered this first page is Exhibit B. It's not marked, at least on mine. Right? That's what we're talking about the change. MS. CHADWELL: The lease is Exhibit B to the agreement. COMMISSIONER HENNING: Okay. Well, it's not marked. MS. CHADWELL: The one that you just got handed isn't marked, but the one that was in the package should be labeled Exhibit B. COMMISSIONER HENNING: Well, yeah, I know. And that's what I read. MS. CHADWELL: Oh, okay. COMMISSIONER HENNING: And what are we adopting, this one, or the one in the book? MS. CHADWELL: You're adopting this -- well, I don't know what this board is going to do. The recommendation is that the board adopt the supplemental agreement which, as an attachment, has the lease agreement between Alico and the district. COMMISSIONER HENNING: Why was I -- let me ask it differently. Why was I handed this? Why'd you give it to me? MS. CHADWELL: Just so you had the current copy of the document as an attachment. I'm sorry. It should have been labeled Exhibit B. But let me address a couple of the issues regarding -- COMMISSIONER HENNING: I still have further questions. MS. CHADWELL: Oh, I'm sorry, sir. Sorry. COMMISSIONER HENNING: All right. You say paragraph three. Is that section three? Is that section three on page 2? MS. CHADWELL: Paragraph -- it is one-- COMMISSIONER HENNING: It says paragraph three. MS. CHADWELL: I don't know what page that is. It's the third page of the supplemental agreement. Oh, are you referring to the lease or the -- Page 211 May 22-23, 2007 COMMISSIONER HENNING: Well, I'm talking about the change sheet. You see, we get thrown information at the last minute, and I feel like throwing it back because, you know, you prepare for it, and just -- like I don't know what we're doing. MS. CHADWELL: I'm sorry, sir. The first change is to paragraph three of the supplemental agreement. That is on the third page. COMMISSIONER HENNING: Third page. MS. CHADWELL: Is that -- oh, okay. I'm sorry. Paragraph three, it does refer to the lease. So it is page 2 of the lease, which is the document that you just received a few minutes ago. COMMISSIONER HENNING: That's -- paragraph three includes the gatekeeper. COMMISSIONER HALAS: This is what was read in the record, I think, this morning; is that correct? MS. CHADWELL: Yes. COMMISSIONER HALAS: That was what was read in the record. COMMISSIONER HENNING: Well, Commissioner, it goes all together, and we're approving a document saying Exhibit B. The Exhibit B is not even marked Exhibit B. So why would you adopt something without correcting it right -- the right way? And paragraph three, I'm assuming, is section three. MS. CHADWELL: Well, you call sections or paragraphs, whichever -- CHAIRMAN COLETTA: Let me help to bring this to an end, because this is going to take -- this is taking too long. Give me the -- COMMISSIONER HENNING: I'll just vote no on it. CHAIRMAN COLETTA: -- the exact identification -- the exact identification of it and I'll include it in my motion. What is the correct thing and how the terminology is that we identify what we just got through reading? Page 212 May 22-23,2007 MS. CHADWELL: The changes that Manager Mudd read are from paragraph three on page 2 of the lease agreement between Alico, Inc., and South Florida Water Management District, which is Exhibit B to the supplemental agreement which is before the board for its consideration this evening, okay. The changes refer to gatekeeping stations, fuel storage, things of that nature. There was also one other change. It was read in -- off the change list this morning, and that was language that we added to the body of the main agreement, which is a supplemental agreement, paragraph five, the language was, at no cost to the county. I just wanted to make sure that it was clear that on the transfer of title to the county that we are not coming out of pocket for any of that. If you would be interested, I can explain a little bit on the Jane's Scenic Drive matter because -- CHAIRMAN COLETTA: No. We'll answer Commissioner Henning's question. The motion that's been made and seconded, is it sufficient or does it not (sic) lack clarity for where we need to go with this? MS. CHADWELL: Well, the -- you either approve the agreement as is with the attachments with the new lease that's been -- with the changes that have been read into the record, and that -- or you don't, so that's sufficiently clear, I think, for the item to pass. CHAIRMAN COLETTA: Okay. But let me go back and ask the question again. The motion that's been made and the second, does it cover what we need to be able to come up with end results, or do we need to be more specific in the language that we use in that motion? MS. CHADWELL: You need to move to approve the agreement with the modifications that were read this morning off the change list regarding the lease and the other paragraph five. But those changes are incorporated into the supplemental agreement and you either approve that or you don't. I'm sorry. CHAIRMAN COLETTA: Yes. You're tired, aren't you? So am Page 213 May 22-23, 2007 I? MS. CHADWELL: Yes. COMMISSIONER HENNING: Ms. Chadwell? CHAIRMAN COLETTA: The motion as it is, do I have to physically state what you just said to be able to make -- MS. CHADWELL: As amended by the change list this morning. CHAIRMAN COLETTA: Okay. And I include that in my motion, and I appreciate Commissioner Henning pointing this out. COMMISSIONER HENNING: How about your second? COMMISSIONER COYLE: I didn't second it. It was Commissioner Fiala. COMMISSIONER HENNING: Fiala. COMMISSIONER FIALA: Me. CHAIRMAN COLETTA: Okay. Does that include that? COMMISSIONER FIALA: (Nods head.) CHAIRMAN COLETTA: Okay. Go ahead with the discussion. COMMISSIONER HENNING: Ms. Chadwell, do we need to give this to the court reporter? MS. CHADWELL: She has a copy. COMMISSIONER HENNING: So that's what we're voting on. Has the county manager made preparations for the staffing? Do we have to provide a site manager? MR. MUDD: Yes, sir, and it's -- I believe that the costs for that site manager are borne by the South Florida Water Management District to reimburse us for. COMMISSIONER HENNING: Okay. That really was my question, but I needed to follow through. CHAIRMAN COLETTA: Good question. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: Okay. Let's go ahead now. All those in favor of the motion -- Mr. Dunnuck, I seen your finger pointing up. I hope it was to the sky. Page 214 May 22-23, 2007 MR. DUNNUCK: I only have to clarify one thing on the record, and that's the expectation. And you mentioned two years that it will be ready. We don't know that yet. I mean, it's an interim agreement for two years. The long-term agreement is contingent upon us completing the restoration of the Lake Trafford site and then finishing that up, so I just wanted to clarify that. CHAIRMAN COLETTA: So how about if we get an interim report every month and a half? MR. DUNNUCK: How about -- CHAIRMAN COLETTA: Something realistic. MR. DUNNUCK: -- every six months we'll give you an interim report. CHAIRMAN COLETTA: Yes. Because the idea is to get it completed as soon as possible. And I'm sure parks and recs. is going to be monitoring the progress as it's being made. Really? Okay. All those in favor? COMMISSIONER HALAS: I think -- COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: No, he doesn't. He doesn't have his light on. COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: No, I just don't want you to adjourn before -- CHAIRMAN COLETTA: No, we're not going to adjourn. We've got one more piece of business. All those in favor of the motion, indicate by saying aye. And don't leave. We need you. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. Don't you leave. Page 215 May 22-23, 2007 COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it. Item #10Q A RELEASE AND SATISFACTION OF CODE ENFORCEMENT LIEN FOR PAYMENT RECEIVED - APPROVED We have one last piece of business. I've got a young lady in the back who works to support five children, and this is the reason I pulled the item off the consent agenda. It will just take just a second to go through this. Remember that one that has to do with the lien on property that I pulled off the last time. (Commissioner Coyle left the hearing room.) MR. MUDD: This is 10Q. It's 16All, and it reads, a recommendation to approve a release and satisfaction of code enforcement lien for payment received. CHAIRMAN COLETTA: Now, the reason I pulled it -- and we're going to get to it under commissioner comments tomorrow -- has to do with the issue that Henning brought up about the previous code enforcement action against one Spanish speaking person, and you were with him on it and the other three commissioners, including myself -- COMMISSIONER HENNING: And you had a chance to reconsider it? CHAIRMAN COLETTA: Maybe I did. You're going to have to wait and come back tomorrow to find out. In any case, that enlightened me to the fact that there was something missing in the equation. The gentleman in question that we talked about came and visited me. His English was very, very poor. Page 216 May 22-23,2007 Investigations and that led me back to Copeland where, about a month ago, I had the father of this young lady come to me and say, my daughter got a $34,000 code fine or violation she had to pay. And I said, well, I tell you what. I said, I know the process, and probably if she had to pay that, it was a lesson well learned, very expensive. And of course, they were put out. And I just put it out of my mind because I figured every procedure has been taken to protect the rights of the public. After that little episode with what took place before and finding out the gentleman could not speak fluent English, and it was a tremendous disadvantage, I started doing research into this particular lien. Now, as far as the lien goes. We're probably going to have to approve it, but you have to be aware of what took place. This code violation case was opened in July of2003, a notice of violation was sent to the homeowner advising them that they had so many days to clean up the property or the county will bid out the job and have the property cleaned up at owner's expense. The code violation process is that after the express time passed of no compliance, a bid automatically goes out to the contractor to abate the violation and the contractor does the work, and the county pays them to do the work -- fine, at that point in time -- and then puts liens on the homeowner's property with interest of 12 percent annual until such time as this fine is paid in full. At no time is the property owner advised of the cost of the cleanup and given an opportunity to either bid the cleaning job out themselves or to clean up the property themselves in the allotted time or given the opportunity to come before the special master to plead the case or provide -- with an attorney to advise them of their rights to plead their case. Here's a history of -- this piece of property. Nicole Ellison inherited the property at 228 Singletary Street in Copeland from her Page 217 May 22-23, 2007 grandmother, Lorena Patten. Nicole inherited the two dilapidated trailers that sat on three pieces of property which needed to be disposed of. She inherited the responsibility of keeping the grass mowed, to keep up with code after her grandmother's death. People began using this property as a dumping grounds for all sorts of things, such as tires, appliances, and so on. It is my understanding that Mrs. Ellison was not capable of cleaning up the property herself, nor did she have the money to have someone else clean it up; therefore, notice of violation was issued, and when the mess did not get cleaned up, the cleanup was bidded out, and the contractor for the -- a lien put on the property. Nicole Ellison, who was not familiar with terms like lien on the property, nor did she have the means to hire an attorney, let things go until the cost escalated to $33,678.35. I understand that Nicole works at Everglades City Circle K and is raising five children. The county's bid for cleaning up the cost of $23,600, with interest until the time the property was sold. Because the money was not there to be able to pay for the cleanup, she was forced to sell it. The fine escalated to $33,678. Mrs. Ellison recently was forced to sell this property to cover the cost of the lien. Almost 60 percent of her profit went to pay for the lien. She sold that property for about a third the market value to get out from underneath the fines. And this is the process, as I understand it, that code enforcement's used for notice of violation. They send the notice of violation out and give the owner 30 days to comply or the county will bid the job out and send the owner the bill. Then after 30 days, the bid goes out, and when it is accepted, the job is contracted out and the county pays the contractor. The county puts a lien for that amount on the property. What is missing? What is missing is there's no notification of what the costs for cleanup will be to the owner after it's bidded out, Page 218 May 22-23, 2007 and the owner is not given the opportunity to bid the job themselves, clean up the property themselves with an additional -- with additional allotted time, given the opportunity to come before a special master to plead their case, provided with an attorney like we do in regular cases that we held over at the courthouse, provide an attorney to advise them of their right and plead their case. Meanwhile, today, we approved item 16A10 for James Keshner (sic) and Southern Exposure of Naples, which was just negotiated down from $123,750 fine, plus ongoing operating costs, to a negotiated settlement of $10,000. After the owner got a lawyer and took his issue to federal court, the Derifer Serona (sic), am I pronouncing that right? MR. MUDD: Sincherara (phonetic). CHAIRMAN COLETTA: -- SentofUm (sic), was approved in federal code -- court on the sole grounds that the amount of the fine, $350 per day, exceeded the amount authorized by statute, 250 days -- two hundreds dollars fifty a day (sic). So, if you have the means to hire an attorney to go to court, you can get your fines negotiated down by 92 percent. Okay. Now, the rest of this has to do with the issue I'm going to bring up under commissioner comments tomorrow, and I'm going to apologize for not listening a little more carefully when you brought up the issue -- COMMISSIONER HENNING: You still had a time frame to reconsider that. That gentleman had eight kids. That gentleman remortgaged his house to pay his debt off and -- CHAIRMAN COLETTA: Yep. COMMISSIONER HENNING: -- what I find out, that gentleman had to get a permit to tear down the shed that code enforcement said he didn't have a permit for. CHAIRMAN COLETTA: You got it right. And what's the whole message on this? We have a breakdown between those people Page 219 May 22-23, 2007 that are disadvantaged economically or they don't know the system or want to mesh with it. In the case of the one person you're talking about, he didn't understand English well enough to even return your phone calls. He did not understand English well enough to be able to respond to the written notices that were coming in. When he came before the special magistrate, I seen the CD, I watched it three or four times. She asked him a question, and he told her a date that had nothing to do with the question. There was a total breakdown. There was nobody -- COMMISSIONER HENNING: Why didn't you reconsider it? CHAIRMAN COLETTA: Because this information took a while to accumulate. It was only in the last couple days it came together. Meanwhile -- COMMISSIONER HENNING: Mr. Weigel, can we do anything with that? CHAIRMAN COLETTA: Let me --let me-- COMMISSIONER HALAS: Can I intervene in this also? CHAIRMAN COLETTA: You can. COMMISSIONER HALAS: Okay. Ifpeople don't understand English, that's not my problem. They have neighbors. They don't have to hire an attorney. They can get ahold of a neighbor who is bilingual and bring them to a code enforcement issue so that they can get their case explained exactly what the problem is. Also, I would think that when they get a notice of violation, they need to then take action to get someone to tell them exactly what that notice of violation IS. CHAIRMAN COLETTA: Yeah. There was more to it than that. The man's father was sick in Mexico. He was gone for quite a while, came back -- COMMISSIONER HALAS: Was he an -- was he a citizen or is he illegal? Page 220 May 22-23, 2007 CHAIRMAN COLETTA: Well, I would hope that he's a citizen. But I mean, that's almost -- let's stick with the point we've got in front of us now. We have a -- we have a breakdown in the system in the fact that we don't have people that are duly represented. If you have an attorney and you have the means for an attorney, you can get these fines mitigated. COMMISSIONER HALAS: So if you -- CHAIRMAN COLETTA: Now, wait, let me finish. If you don't even know that you can ask to have these things mitigated, you're never going to ask. You're just going to roll over, play dead and pay it. Now, what I'm suggesting -- couple things. One, that we can, with the special agenda item at some future agenda, address this issue and the other issue. We bring it back. We don't have to reconsider that issue per se. We can bring it back under our own cogni -- we've got that ability. I'm sure we do. Do we not? County Attorney? MR. WEIGEL: Well, you have a lot of ability, and it's not just under reconsideration. But in regard to -- we have to look at the fact of each situation very carefully -- I'm trying to give you the straight answer -- and that is, where a debt has been paid as opposed to the reduction of a debt is something we would have -- reduction of a debt yet to be paid is something we'd have to look at very carefully, work with the clerk as well. And another -- a question I might raise is -- I don't know if anyone's here from code enforcement, perhaps assistant attorney Jeff Wright can respond either with a nod or at the mike, and that is, our notices of violation -- COMMISSIONER HENNING: Mr. Wright? MR. WEIGEL: Beg your pardon? COMMISSIONER HENNING: Mr. Wright. MR. WEIGEL: Jeff, are the notices of violation printed bilingually or not? Page 221 May 22-23, 2007 MR. WRIGHT: They aren't. They're in English. MR. WEIGEL: They are not. MR. WRIGHT: That's correct. MR. WEIGEL: They're only in English. Okay. CHAIRMAN COLETTA: Yes. And I'm going to add another note. When the person that Commissioner Henning was talking about came before the special magistrate, he asked for an interpreter and he was told, just like Commissioner Halas said, that English is the law of the land. COMMISSIONER HALAS: That's right. CHAIRMAN COLETTA: Okay. Now, what's wrong with this picture? I mean, I don't think that we're obligated to provide attorneys. I don't think we're obligated to provide the interpreters, but we certainly can put together an amnesty group that could be out there, maybe retired attorneys who might be able to step in to be able to protect some of the rights of these people that are underserved that have no ability to be able to mesh with our system. They can't interface with this in a meaningful way. They're the ones that are being left out. And I'm not saying the county. You can't -- you can't bring a person before this special magistrate, you can't be prosecuting and defending them at the same time. That's not going to work. But somewheres along the way there's got to be some way that we can bring some sort of fairness to this. MR. WRIGHT: Commissioner, if! may add -- Jeff Wright, for the record, Assistant County Attorney. I actually was on the phone today with the interpreter's office at the courthouse and -- at the direction of my office, I've been looking into extensively what the due process requirements are for interpreters and special masters in code enforcement proceedings. We just want to follow the law. So I spoke with them today, and they've indicated that they are available for all those proceedings, and it would be as quick as a Page 222 May 22-23,2007 phone call 24 hours in advance to let them know. So I don't see that being a huge glitch in the system. It's just something that we mechanically need to make -- CHAIRMAN COLETTA: Well, it wasn't made available when the person requested an interpreter. And that's another issue. Today we're dealing with this one situation of the young lady from Copeland that has five kids, sustains her family by working at a convenience store in Everglades City, and she lost out on her land and everything because her -- she just was not able to cope with the system the way we have it set up. I think that we had a terrible shortfall. How we address all these situations, I don't have the answers. I just know that there's a problem. Who was it earlier that said, two things, first you identify the problem, then you solve it. Well, I'm partway there. I've identified the problem. Commissioner Henning, then Commissioner Halas, your lights are still on. COMMISSIONER HENNING: Yeah. I want to find out -- we're going to take action on this one, and I apologize for deviating from this. CHAIRMAN COLETTA: No, no, it's fine. They're tied together, they're related. COMMISSIONER HENNING: The -- and, you know, I'm not where Commissioner Halas is, and never will be as far as this goes, because this is just not just. The crime doesn't fit the payment. So what can we do to that Hispanic guy who paid $32,000 because he didn't get a permit for his shed? Mr. Weigel? We could reduce fines, I know that. MR. WEIGEL: That's right. And you see, part of the issue-- and we're seeing the problem. Part of the solution and issue is, in fact, finding a way to provide relief. And I think that it's probably beyond Page 223 May 22-23,2007 an off-the-top-of-the-head response to you right now to indicate that we can find relief for the past -- the past situation that has moved on. I believe the item that is before the board today is a satisfaction of a lien that has been paid as well. So there's a similarity there. And I think you can task our office and the County Manager Office to use every effort to provide you some responses quickly in this regard if you do that. COMMISSIONER HENNING: Well, the board is asking on this one, recommendation to release satisfaction of lien. So the board hasn't released the lien yet. So we could make this zero if we want to, correct? MR. WEIGEL: Well, I -- correct me if I'm wrong, but I think the payment has been made -- and this is in -- this is the action to take the lien, as a matter of record, off the real property, the clearing of title, so to speak. COMMISSIONER HENNING: Oh, just clearing oftitle? MR. WEIGEL: I believe that's correct, unless there's some other additional facts here. MR. WRIGHT: That is correct. And they have paid it, and this condition encumbers their property until it's formally released. COMMISSIONER HENNING: Right. CHAIRMAN COLETTA: And do we have -- may I jump in front of you? COMMISSIONER HENNING: Sure, please. CHAIRMAN COLETTA: Do we have the ability to be able to make this an agenda item where we could bring it back at another meeting to give a refund from general funds to try to compensate for the -- what took place here if we felt so inclined? MR. WEIGEL: I think that you can certainly bring it back as an agenda item, and then the staff recognizes what the intent is and we would provide -- and, again, we'd be working with the clerk office as well in regard to the potential for a refund or reduction, some Page 224 May 22-23, 2007 additional finding. It's been through the hearing process and is now past that. Again, I can just say right now that we would look at it, attempting to offer every viable solution or option that you might have in this regard. Ultimately then, it would be a board decision. It will be a decision upon the options that we can place before you. You can bring this back. COMMISSIONER HENNING: So we need to approve this one then? CHAIRMAN COLETTA: We do. We have to approve it, but how else was I going to get it in front of you? COMMISSIONER HENNING: Well, I appreciate it, but feel even bad about approving it because it -- I think it -- CHAIRMAN COLETTA: Well, we can still bring it back as an agenda item -- COMMISSIONER HENNING: Well, I think the county attorney is, from what I hear. So I do make a motion to approve. CHAIRMAN COLETTA: That would probably be appropriate. Appreciate the fact that you listened to me, and I hope that we can bring this back on another agenda. We can -- COMMISSIONER HENNING: Well, I can tell you, I won't let this one go. I mean, I felt bad for days of the Board of Commissioners accepting $32,000 because a man didn't have a permit, and it just so happens he has eight kids. And I know how you feel, Commissioner Halas. You don't have to say it. CHAIRMAN COLETTA: Oh, come on. That's not -- COMMISSIONER HALAS: I think I got an opportunity here to talk. I think that basically when people are -- let something go and continually (sic) to violate the law and they realize -- that's why it ends up to $32,000. If the person would step up to the plate and do what's right, then we wouldn't run into these problems. COMMISSIONER HENNING: They didn't understand. And Page 225 May 22-23, 2007 Commissioner Coletta gets it. COMMISSIONER HALAS: It's not my -- it's not our right (sic) to figure out if it's -- whether it's going to be English, Spanish, German, or Hungarian. CHAIRMAN COLETTA: Let's see if we can get three commissioners to agree to bring back both of these items for a future discussion and see if we can be done. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: Okay. COMMISSIONER FIALA: You've got three. CHAIRMAN COLETTA: Meanwhile, we've got a motion on the floor to release this lien, and I'm going to second it. Thank you so much for being here. And with that, any other discussion? (No response.) CHAIRMAN COLETTA: Okay. All those in favor of the release of lien, indicate by saying aye. COMMISSIONER COYLE: (Absent.) COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it. And with that, we're going to continue this meeting tomorrow unless there's something you've got to share with me right now, Mr. Mudd. What is it? MR. MUDD: No, no, nine o'clock. CHAIRMAN COLETTA: Do you want to do it at eight? Would you rather start at eight? Would you rather start earlier? COMMISSIONER HENNING: That's fine. Page 226 May 22-23, 2007 CHAIRMAN COLETTA: At nine or eight? COMMISSIONER HALAS: Nine. COMMISSIONER FIALA: Now, you know I'm not going to be here, right? CHAIRMAN COLETTA: I know. We're going to miss you. MS. FILSON: Are we starting at eight or nine? COMMISSIONER HALAS: No, nine. CHAIRMAN COLETTA: Nine. MR. MUDD: And Commissioner, just for an official statement real quick, this meeting is continued until tomorrow morning at nine a.m. CHAIRMAN COLETTA: That's what I just got through saying. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:18 p.m. and continued until May 23, 2007, at 9:00 a.m. Page 227 May 22-23, 2007 DAY 2 - May 23, 2007 Meeting reconvened at 9:00 a.m. on May 23, 2007 with the following members present: CHAIRMAN: Jim Coletta Tom Henning Frank Halas Fred Coyle - absent Donna Fiala - absent ALSO PRESENT: James Mudd, County Manager Leo Ochs, Deputy County Manager David Weigel, County Attorney Michael Pettit, Assistant County Attorney Sue Filson, Executive Manager to the Board Page 228 May 22-23,2007 Item #lOE AN AGREEMENT FOR SALE AND PURCHASE WITH GEORGE P. LANGFORD, AS TRUSTEE OF THE R. R. LAND TRUST DATED THE 1ST DAY OF DECEMBER, 1998 FOR 55.35 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $10,687,700- APPROVED CHAIRMAN COLETTA: Good morning. Welcome back. This is a continuation of our May 22nd meeting. It started on May 22nd and we're going to finish this morning. Where are we, Mr. Mudd? MR. MUDD: Last time we were on 10-E. The recommendation to approve an agreement for sale and purchase with George P. Langford as trustee of the R&R Land Trust, dated the 1 st day of December 1998 for 55.35 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $10,687,700, and Ms. Alexandra Sulecki, your Manager for the Conservation Collier Program will present. COMMISSIONER HENNING: Motion to approve. CHAIRMAN COLETTA: Motion for second. Second. motion for approval by Commissioner Henning, second by Commissioner Coletta. And we have Sue Filson over here in the wings with a speaker, and we're going to go to all the speakers that feel it is necessary to talk about it. MS. FILSON: And these are left over from yesterday. I'm not sure they're here but -- Lonnie Martin? Okay. And he'll be followed by Brad Cornell. CHAIRMAN COLETTA: Okay. I don't see Brad yet. He might be here by the time -- MR. MARTIN: Good morning, gentlemen. My name is Lonnie Page 229 May 22-23, 2007 Martin for the record. I am a participant in the trust that owns the property, as well as the listing real estate broker. I just want to establish the fact that this, purchased at $10,687,000, is a very good value. I know there is an increase from the original estimate, but the reason for my comment about the good value is that we have found some sales very close by, and I just want to bring those forth for your information. About 1300 feet east of our property, there is a parcel, unzoned, that was purchased last year, closed in July. Twenty acres for 280,000 an acre. Ifthat same price was applied to our property, the price -- the purchase price would be $15,500,000. That's 15,500,000. Also, further east also along the Veterans Memorial right-of-way, is another parcel that was purchased last July, and the price of that one was 320,000-plus per acre. If that were applied to our property, that would give a value of $17,750,000. So I feel that because of these sales, as well as some others in the general area there near Veterans Memorial, that this is a good value. And I just wanted to establish that primarily, also to say that it is a pristine piece of property. Obviously it meets the criteria that the Conservation Collier is looking for. It's a beautiful piece of land, never been cleared which would be ideal for use in the future by people that live in the Vanderbilt area and the North Naples area. So with that, I will stand down and answer any questions that you all may have or any new concerns. Thank you very much for your consideration. MS. FILSON: Brad Cornell. Doesn't look like he's here. CHAIRMAN COLETTA: I'll close the public portion of this, and go to Commissioner Halas and Commissioner Henning. COMMISIONER HALAS: Alex, what is your personal opinion on this piece of property for the amount of money that we're going to invest in with the taxpayers' money in this, solely? Page 230 May 22-23, 2007 MS. SULECKI: Well, Commissioner, at this juncture, since I have not given my personal opinion to the Land Acquisition Advisory Committee, they have made a recommendation. I would respectfully say that I would think it would be inappropriate for me to give you my personal opinion. COMMISSIONER HALAS: Sorry to put you on the spot. I was just trying to get some idea. When I look at the this, this is about $192,000 an acre, and is the value of the land -- actually, is it worth this amount of money to try to save this piece of land? I mean, what is unique about this piece of land? Can you give me some background? MS. SULECKI: I can tell you that it has very good habitat. It's got a pine flatwood, it's got very nice quality scrub, which is one of our priority habitats. It's got some scrubby flatwood which is sort of an ecotone between pine flatwoods and scrub, which is also becoming rarer. This is very nice quality, and it has some wetlands on the site. So it does have a diverse amount of vegetation communities. It is close to and right across the Veterans Memorial Boulevard, future Veterans Memorial, from the Railhead Scrub Preserve. It is going to be separated from that preserve by that road when it comes in. Initially, when we purchased the Railhead Scrub, there -- there was talk that the road would be in five or six years. And now, that road has been pushed out quite far. There is a railroad. It's not an easement; it's actually a parcel that goes directly through this parcel and separates it. Crossing it requires an easement. So for management and public use, that presents difficulty. And that's really the major points about the property. COMMISSIONER HALAS: So what you're saying because of the fact that this crosses the railroad, because of the fact that the long-term ability to get there is going to be a long-term item -- MS. SULECKI: It is going to be long-term. Page 23 1 May 22-23, 2007 COMMISSIONER HALAS: Because we don't have anything in the immediate plans for the Veterans Highway that's going to be in that. So how will people access this, they won't, right? MS. SULECKI: Not initially. However, I have had just a brief conversation with Transportation, and there is some potential to clear that right-of-way that the county already owns to provide an unpaved access. But that's about it until that road goes in. COMMISSIONER HALAS: Do we have any idea what the cost is to put a road through there once we cross that railroad? Maybe Norm Feder can give us some insight? Gentlemen, I know this line. I know it's part of the CSX line, but this guy owns -- has got the rights to it. Do you have any idea what it would cost to get a road through there? MR. FEDER: For the record Norman Feder, Transportation Administrator. Commissioner, I can't tell you the exact dollar issue. I know that we've worked with a number of developers, and pretty much what we're looking at along the Veterans is that developments are coming in, like the school board came in and we developed the first portion or half of the roadway off of Livingston. We've had discussions with development interests on this portion of that future Veterans Parkway, and the biggest issue was the cost of getting across the railroad itself. And so obviously you've got your general road costs, where basically, to be about 8, 9 million a mile, but that's including right-of-way and other issues. And the right-of-way is generally available, but you do have the added cost in trying to get across the rail border itself. COMMISSIONER HALAS: And it would have -- do you have any figures on what it costs to cross the railroad tracks? MR. FEDER: There have been different numbers bandied about. We have not gone into serious consideration. We've had others Page 232 May 22-23, 2007 looking into it. But my understanding is, first of all, it's owned by CSx. The underlying land, Seminole Gulf is the shoreline operator. They have made this a marketing process in many crossings. I know Lee County had some legal problems with one crossing and we've had pretty high figures that have been thrown around, but what it would be, I couldn't tell you exactly. Thank you very much. COMMISSIONER HALAS: Thank you. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: I looked at the appraisals -- two appraisals by two independent appraisers, and they were really close together and I was quite impressed on their approach. But we heard from the -- one of the owners saying, what I'm getting, he wants more money for it, and I just -- I'm very concerned about that. So at the end of my motion is a stipulation that we make this offer, and if it is refused, not to come back to the board for any counteroffer. CHAIRMAN COLETTA: One year maybe time lap. COMMISIONER HENNING: Correct. One year. Alex? MS. SULECKI: Excuse me, Commissioner. We do have a purchase policy that says that we make one offer and that offer is this. We don't negotiate. COMMISIONER HENNING: Okay. Well, good. My motion still stands, and I'm glad it's per the policy. CHAIRMAN COLETTA: Thank you. Any other comments? Hearing none, all those in favor of the motion say, "aye." (All say aye.) CHAIRMAN COLETTA: The ayes have it 3 to O. Thank you. MR. FEDER: Thank you, Commissioner. Item #10F Page 233 May 22-23,2007 THE WINCHESTER HEAD MUL TI-P ARCEL PROJECT AS A CATEGORY A PROJECT ON THE CURRENT CONSERVATION COLLIER ACTIVE ACQUISITION LIST AND DIRECTION FOR THE COUNTY MANAGER OR HIS DESIGNEE TO ACTIVELY PURSUE PROPERTIES WITHIN THIS PROJECT, CONSIDERING CONDITIONS PROVIDED BY THE BOARD OF COUNTY COMMISSIONERS AND A RISK REDUCTION APPROACH DEVELOPED BY STAFF - APPROVED MR. MUDD: Which brings us to the next item which is 10-F. The recommendation to approve the Winchester Head Multi-parcel Project as a Category A project on the current Conservation Collier Active Acquisition List. And direction for the county manager or his designee to actively pursue properties within this project, considering conditions provided by the Board of County Commissioners and a risk reduction approach developed by staff. And again, Ms. Alex Sulecki will present. MS. SULECKI: Again, good morning. Winchester Head in the map there. And I would just tell you that we brought to you in January of this year, a proposed recommended acquisition list from the Land Acquisition Advisory Committee. Winchester Head was on it as recommended as A property. At that point in time, there were concerns from the Collier County Soil and Water Conservation District about the conflicts perhaps between the projects they had and us purchasing in the area, and you asked us to resolve this conflict and then come back to you at a later time. We have met with Soil and Water. We perhaps still have some fundamental conflicts about what our ordinance should say, but I believe we are in agreement at this point that our buying in Winchester Head can fit within their project goals. They did write a letter to you rescinding their objection to buying in Page 234 May 22-23, 2007 this area. And before I open this to your questions; however, I would like to just say a few things. COMMISSIONER HALAS: Motion to approve. CHAIRMAN COLETTA: Second. Motion to approve by Commissioner Halas. Second by Chairman Coletta. Commissioner Henning? COMMISIONER HENNING: You know, that's for this one. They are also -- also there's some, you know, in the statement on our Executive Summary, it says this estimate is current market would support $22,000 an acre. That doesn't say that the current estimate market value is $23,000. So what is the market value? MS. SULECKI: Well, before I prepared this Executive Summary, I checked with our real estate services department to find out what an estimate is in that area, and that's the number I received. COMMISIONER HENNING: Okay. So it's fair to say that -- and I guess should say this estimate is a current market value, instead of just saying this a current market value that would support 23,000. MS. SULECKI: I'm not sure of the technical difference between those. I believe -- we believe it's 23,000 because there were sales that support it. There's about one on this here, perhaps if we put in -- COMMISSIONER HENNING: I would like to do that. And I can't support the motion because what it's saying in our Executive Summaries, give us a proposed 15 percent above and being a steward of the taxpayers' money, I think market value is what we should be doing. MS. SULECKI: Well, there's a couple things that I need to tell you and I was getting ready to because as I was preparing this Executive Summary, time sometimes is short and time enough to get to other meetings. So a couple of these ideas were new and I brought them to the Conservation Collier Committee just last week, and they had a little Page 235 May 22-23, 2007 bit different take on it. So I wanted to give you their recommendation, as well as correct an error, because I made an error in this Executive Summary. And I'll do that first. And that's in the last paragraph of the considerations where I say that if we acquire all 20 -- and it's 25 parcels now, because I got another application last week -- if we acquire them all, we'll have 40 percent. And it's the wrong math, it's 33 percent -- let me get that on the record -- we will have 33 percent of this area. But the difference is that the Conservation Collier Committee wanted were in your conditions. You gave us some conditions to go buying in there again, and you asked us to appraise all of them at once and make the same offer. And the Conservation Collier Committee wants -- would like you to consider that some parcels, perhaps on the outer edge, may be a little bit more buildable than those in the deeper center, and they may be more money; or, and then conversely, the ones in the center would be less money. So they would ask you to consider that difference so that we don't make the same offer to everyone. And the second one is that in bullet number 3 of staffs approach. We have been advising the staff, we were working on this risk reduction strategy, but the thing about 15percent, and Commissioner Henning brought that up, that was something fairly new and it was intended to kind of give you a little more confidence with these types of projects and put a cap on it. But the committee didn't like that too much, and they wanted to propose another approach. They felt that it would be better and their recommendation would be instead of creating a ceiling value with an automated list drop, that they wanted to send a report to you when the values increased beyond 20 percent, and then make -- have you make a decision at that point. So those are the two differences in what I have presented today. Please consider that. Page 236 May 22-23, 2007 COMMISIONER HENNING: The -- that was Commissioner Coyle's concern. I'm -- I'm more concerned about the values. Are we getting the bang for the buck? That's the only concern that I have, and I would like to hear more about the appraisal. MS. SULECKI: We haven't gotten the appraisals yet. We would need your permission. COMMISSIONER HENNING: I would like to hear from somebody who gave you the opinion on the prices of -- in the Winchester Head. MR. LEONARD: Roosevelt Leonard, County Appraiser. The values for Winchester Head, 23,000 per acre, is for the inland parcels that are wet. Unfortunately, there were only two sales. One of the sales generated 22,000 per acre and another sale was 23,000 per acre. So naturally, two sales really cannot determine the market. So according to the property appraiser, there's another market comparable to Golden Gate Estates Unit 65, is Golden Gate Estates Unit 91. So I took a look at Golden Estates Unit 91 and there were two more sales. The average of those sales were 25,000 per acre. So in one area that was similar, there was 25,000 per acre, and in the Winchester -- Winchester Head, it was 23,000 per acre. So that's where the 23,000 comes. Now, can we acquire lands for that particular value? Once we go to the outside appraiser, let him know the different markets where he can extrapolate some data from, he should be somewhere in that particular range, 23 to 25. CHAIRMAN COLETTA: Thank you. COMMISIONER HENNING: Sir, those two purchases within the heart of Winchester, who was -- do you remember the purchasers? MR. LEONARD: I'm sorry, I did not bring those with me, but they were from citizens that were inside Naples and they were -- COMMISIONER HENNING: The Soil and Water District bought parcels in there and I think it was December of last year? Page 237 May 22-23,2007 MR. LEONARD: Yes. COMMISSIONER HENNING: Was that a part of your -- MR. LEONARD: No, it wasn't. I did not use those sales. COMMISSIONER HENNING: Is there a reason why not? MR. LEONARD: Well, for two particular reasons. One, there are other -- what we could call government sales, which typically sometimes do with soil and water sales may have been negotiated more so, and that's why I would prefer to take sales from the average citizen, which could be more of an arm's length there. So there's no external pressure or reasons why they wouldn't sell it as above market value. COMMISIONER HENNING: Okay. Okay. I support the motion. CHAIRMAN COLETTA: Okay. Any other discussion? We have -- how many speakers? MS. FILSON: We have two, but I don't know if Brad's here. The first one is Bridget Washburn. MS. WASHBURN: Based on your motion, I waive. MS. FILSON: Okay. And Brad Cornell. (No response.) CHAIRMAN COLETTA: I'll close the public portion of this. Any other comments, questions regarding this? All those in favor of the motion indicate by saying "aye." (All say aye.) CHAIRMAN COLETTA: Opposed? The motion passed 3 to O. Item #10G RESOLUTION 2007-143: THE CONSERVATION COLLIER ANNUAL PUBLIC MEETING TO PROVIDE AN UPDATE ON THE PROGRAMS PAST ACTIVITIES, TO SOLICIT PROPOSALS AND APPLICATIONS, AND TO APPROVE THE FIFTH CYCLE Page 238 May 22-23,2007 TARGET PROTECTION AREAS (TPA) MAILING STRATEGY- ADOPTED MR. MUDD: The next item is 10-G. It's a recommendation to conduct the Conservation Collier Annual Public Meeting to provide an update on the programs, past activities, to solicit proposals and applications, and to approve the Fifth Cycle Target Protection Areas, TP A, mailing strategy. Again, Alexandra Sulecki will present. MS. SULECKI: Well, hello, again. This is the time of year when our ordinance requires us to come before you and give you a report of what Conservation Collier has been doing and what we're planning on doing. We, at this point, call for nominations -- public nominations and applications, which I'm doing so now. Our deadline date for this year's cycle is August 15th. And we're also -- are asking for your approval of our Target Protection Areas mailing list. I have a short presentation. If I can go through that; it's basically what's in your Executive Summary or you can ask me questions. Whatever your questions are. CHAIRMAN COLETTA: I don't think that will be necessary, but I did want you to get enough on the record so the public knows there is an opportunity here in government leading the way. MS. SULECKI: Absolutely. CHAIRMAN COLETTA: Are there motions? Commissioner Henning, anything you want to say? COMMISIONER HENNING: Yes. I have a need to amend the ordinance with the purchasing policy and correspond with Alex about the TDR program and further refining that, but that's contrary to what Commissioner Coyle wants to do, which I do agree. He wants to -- correct me if I'm wrong -- he wants to provide opportunity to partnership with other agencies to create a -- like a Page 239 May 22-23, 2007 mitigation bank, to capture all those mitigation-zoned properties. Is that what it was? MR. MUDD: Basically come back to the board, and I believe Mrs. Sulecki is looking into that right now with the County Attorney's Office to see if we can get our mitigation and hold it before we put it in a conservation easement so that we can get the -- get some monies from it too. COMMISIONER HENNING: So my previous concern about it, make sure we don't purchase land that has viable TDRs. We can take that whether it be in the major plans or the rural fringe, would be contrary, most likely, to what Commissioner Coyle wants to do. It is my understanding about creating some sort of mitigation on those properties, is those units need to stay within the property. MS. SULECKI: Well, I haven't completed all of my research at this point. COMMISIONER HENNING: But you understand my concern, right? MS. SULECKI: I do, but I think it's going to be resolved because the information that I'm getting gives me confidence on that, that it will not. COMMISIONER HENNING: So you're going to proceed under the understanding what Commissioner Coyle has brought up recently? MS. SULECKI: At this point, my understanding is that I'm to bring back information to the board. I am proceeding with everything that we started. COMMISIONER HENNING: Okay. So are we going to wait on amending the ordinance until we get an answer? MS. SULECKI: I believe it would be prudent to wait until the research is completed and bring it back to you to do that, yes. COMMISIONER HENNING: That's the only question I have and I'll make a motion to approve. COMMISSIONER HALAS: Second. Page 240 May 22-23, 2007 CHAIRMAN COLETTA: Motion by Commissioner Henning to approve, second by Commissioner Halas. Any discussion? Being none, all in favor of the motion indicate by saying "aye." (All respond aye.) CHAIRMAN COLETTA: Opposed? The ayes have it, 3 to O. Thank you. MS. SULECKI: Thank you, Commissioner. Item #10J AN AGREEMENT WITH THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY FOR TRANSPORTING SCHOOL-AGE RECREATION PROGRAM PARTICIPANTS AT AN ESTIMATED COST OF $90,000 - APPROVED W /CHANGE (FUNDS TO COME OUT OF FUND 111) MR. MUDD: Commissioner, you've done lO-H and 10-J yesterday. Next item -- excuse me. 10-H and 10-I. The next item is 10-J, the recommendation to approve and agreement with the District School Board of Collier County for transporting school-age recreation program participants at an estimated cost of $90,000. Mr. Barry Williams, your director of Parks and Recreation, will present. This item was originally going to be on the consent agenda and Commissioner Henning had some items of interest and that's where we -- CHAIRMAN COLETTA: Did you want to address that up front, Commissioner Henning? COMMISIONER HENNING: Yes, I can. What that is, is providing transportation coming out of two sources, the general fund and the community center MSTU, which is Fund 130; is that correct? MR. WILLIAMS: Yes, sir. For the record, Barry Williams, Park and Rec. Director. Page 241 May 22-23,2007 COMMISIONER HENNING: The -- what would be the split between those two funds? MR. WILLIAMS: It's the 130 and 111 funds. The 111 is 60 percent, the 130 fund historically has been right around 40 percent. That has differed over the years, though, and the millage rate, as you are aware, with the 130 fund in the last five years was actually reduced. The ordinance allows for up to nine-tenths of a mill applied, but that's -- it's about 60/40. COMMISIONER HENNING: Okay. And you're going to provide the service and it's reimbursable by the users; is that right? MR. WILLIAMS : Yes, sir. COMMISSIONER HENNING: Okay. How are you going to keep that differential between 130 and 111? MR. WILLIAMS: Well, I do have some information about that. With Golden Gate Community Center, we do offer summer camp at Golden Gate Community Center. The revenues that we receive for Golden Gate Community Center go there. The expenses also go to that cost center, so we keep them within that same cost center. COMMISSIONER HENNING: Okay. The -- how many satellite programs have you offered out of 130 -- Fund 130 in the past? MR. WILLIAMS: Historically -- well, from this year, I can tell you, we were offering a satellite site at North Naples Middle School as well as Pine Ridge Middle School. COMMISSIONER HENNING: From 130? MR. WILLIAMS: We do have staff that are assigned and working those off-site, yes. COMMISSIONER HENNING: Okay. How does that Ordinance 73-4 create the MSTU? MR. WILLIAMS: As far as -- I'm not sure I understand your question. COMMISSIONER HENNING: Well, the ordinance creating the taxing district voted on by the people was a benefit to the people in the Page 242 May 22-23,2007 taxing district. How do those satellite services benefit the people in the taxing district? MR. WILLIAMS: I understand the question. The cost center, Golden Gate Community Center, is funded through unincorporated funds, Fund 111, as well as the 130, MSTU and that 60/40 split. The off-site locations that we have, they are in proximity to the Golden Gate area. We do, with our summer program, though, to let you know, we have 13 sites that we provide throughout Collier County. We have 1400 children that we work with in summer -- summer camp. Just in our ability to provide those services to all of Collier County, we set those camps up in the geographical locations that are required, and support them with staff throughout our Parks and Rec Department. I don't know if that answered your question. But that's -- COMMISIONER HENNING: You did. Mr. Weigel, I have a real concern that this is not a benefit -- a direct benefit to the people in Golden Gate City. And as we all know, Parks and Rec is funded by 111. The Golden Gate citizens enjoy funding Fund 111. So in my opinion, they are paying twice out of the MSTU, the unincorporated III and also 130. And I think in my opinion, Commissioners, it will be easier just to fund these, since this is a countywide program, out of the unincorporated 111 and -- instead of doing that. The State statutes 125.101 (7), says: "No county revenue shall be, except those derivatives especially for" -- "on the behalf of the municipality service taxing district or special districts in unincorporated area, service area or program area, shall be used to fund any services or projects provided by the county when no real and substantial benefit occurs to the property or the residents within a municipality -- or municipality." This is a countywide program and-- CHAIRMAN COLETTA: Go ahead. MR. LEONARD: Commissioner, what we could do is we could Page 243 May 22-23,2007 work with the County Attorney's Office as well as the Golden Gate Community Center Advisory Board. We've kept them up-to-date over a number of years to make sure that we're meeting the ordinance, they follow that very closely in all the activities they do and we'd be happy to do that; work with you, and communicate with you off-line about how we're doing that, if that would be helpful. COMMISIONER HENNING: It would be helpful for me to amend the Executive Summary so all the money is coming out of the unincorporated MSTU 111. MR. MUDD: Not a problem, sir. That is a different account. It's coming out of 111 and doesn't commingle with the 130 fund because it has a Golden Gate MSTU with it. That's not a problem. COMMISIONER HENNING: Has this been done in the past, with this transfer? MR. LEONARD: Sir, I'd have to research that, okay, and get back to you. COMMISIONER HENNING: I'd also like to know what other programs where this exact sample has happened. MR. LEONARD: We can research that for you. COMMISIONER HENNING: Thank you. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: Can the county attorney tell us what's been done in the past on this? MR. WEIGEL: No. I cannot recollect the funding sources utilized for the program in the past, no. COMMISSIONER HALAS: Did your office do research on this Executive Summary before it was published? MR. WEIGEL: Well, we review it but we did not review the funding aspect of it, to be quite honest. COMMISSIONER HALAS: Okay. So at this point in time, the direction is to forego taking it from the Community Center fund and go straight from 111; is that correct? Page 244 May 22-23, 2007 MR. LEONARD: We can do that, yes, sir. CHAIRMAN COLETTA: Care to make a motion? COMMISIONER HENNING: Yes. And I also want to follow up. I make a motion that the agreement in the Executive Summary states that all funds would come out of the MSTU 111 fund. CHAIRMAN COLETTA: I'll second that motion. Do we have any speakers? MS. FILSON: No, sir. CHAIRMAN COLETTA: Okay. Commissioner Halas? COMMISIONER HENNING: May I follow up, please? CHAIRMAN COLETTA: You certainly may. COMMISIONER HENNING: Mr. Weigel. MR. WEIGEL: Yes. I just wanted to make sure I understood the last statement you made regarding the MSTU fund. And I also have comments to Mr. Halas as well. COMMISSIONER HENNING: I want to ask you a question. MR. WEIGEL: Thank you. COMMISSIONER HENNING: When an Executive Summary comes under our agenda, you review it just like you stated, but isn't it a fact that it's the policy of the Board that you're there also to assist as requested by the County Manager on executive items? MR. WEIGEL: Well, that's true. But additionally, in regard to the fiscal aspect, ultimately, I believe that if expenditures are appropriate or not, the clerk's office will be looking at those, as well. But in terms of the question of whether there's a public benefit coming, whether it's expenditure from one fund or another, that is largely differential to determination of the Board of County Commissioners, and of course, it's related to the underlying facts that are there. And it's a little hard to tell if, in fact, there is no benefit to the people within the MSTU or not. But in your observation, I thought it was right on target, but it appeared that it was not, that it was, in fact, Page 245 May 22-23, 2007 for the county generally, and that there was a potential for a double taxation, and that would be inappropriate. COMMISSIONER HENNING: And you haven't been asked to audit this Executive Summary on the funding, right? MR. WEIGEL: No. We see it when it appears on the agenda. COMMISIONER HENNING: Right. Thank you. CHAIRMAN COLETTA: Any other comments? We have a motion by Commissioner Henning, second by myself, Commissioner Coletta, to approve this item with a change that the monies that finance it will all come from 111. With that, any comments or questions? Hearing none, all those in favor indicate by saying "aye." (All say aye.) CHAIRMAN COLETTA: The ayes have it, 3 to O. Item #10K DIRECTION ON THE ACQUISITION OF A PARCEL OF PROPERTY OWNED BY THE CITY OF MARCO ISLAND AS A RESULT OF A FOLLOW-UP DISCUSSION WITH THE CITY OF MARCO ISLAND (PROJECT NO. 60001) - MOTION TO BRING BACK AT A LATER DATE - APPROVED MR. MUDD: The next item is 10-K, to seek Board direction on the acquisition of a parcel of property owned by the City of Marco Island as a result of a follow-up discussion with the City of Marco Island. Mr. Norm Feder, your Administrator for Transportation will present. MR. FEDER: Commissioners, I'll be fairly brief. If you read the newspapers, I believe you probably already know that the City of Marco Island was not in favor of donating this right-of-way. Page 246 May 22-23, 2007 The right-of-way in question is part of our project to six-lane Collier Boulevard from 41 up to Davis. I have graphic -- I have a graphic right here that shows the center, we're purchasing 35 feet of right-of-way. We're also getting a temporary construction easement along that section of what is called the Marco Lakes, which is where they are getting their water supply from. And the issue at hand was obviously asking Marco Island if they felt comfortable giving this to benefit them as well, if they would donate that right-of-way. It was their budget cycle. There were a lot of other discussions had, even before I got up to speak. So it's quite obvious where I was going, but because, say they were not receptive to the idea of donation and they're looking to be paid, based on the full appraisal, which is what was presented to you in a prior board meeting. I do need to find out, though. What we're doing in this area is doing water retention in that section we're purchasing, as well as putting in a 10- foot multiuse pathway. I went back to our design consultants and presented this issue that maybe we consider stopping the pathway and try to modify to not have any traffic in this area. Unfortunately, that's not feasible. We have our permits, and, in essence, north of here, we go up by the canal and in that area, we've got a very nontraditional permit agreement for storm septic and exfiltration based on some increased storm water efforts here in this section. So we are pretty much glued to having to purchase this portion of the property to move forward on the project. And as I'm reporting back to you at your request, the City of Marco Island does not see fit to reduce the course or to provide it for free. CHAIRMAN COLETTA: Commissioner Halas? COMMISSIONER HALAS: My concern is that do we have any options here of not providing a six-lane down in this area until they come to the realization that they need to negotiate? Maybe not so much giving it to us, but to coming in at a lower price than what they Page 247 May 22-23, 2007 are asking. MR. FEDER: It's obvious that this Board has the ability to tell us not to move forward on this project, but we are still looking at it. But I will tell you that you have approved development and you have needs in this corridor to get to that six-lane configuration that are not Marco-driven. There is also development that is occurring in this area and has already occurred in this area. COMMISSIONER HALAS: Well, I think that maybe the developers could put some heat on Marco to be more realistic about the price of this property. MR. FEDER: I'm at whatever direction the Board provides. We are ready here, as I said, to move on and letting this construction. We have had a lot of interest we have held off. As you are aware, we brought to you that we are working with our own utilities division. Weare working on that corridor to actually expedite in working that corridor so that we can go out and let it without having conflict between the two efforts. And this is a needed portion of the overall network and grid. But again, obviously, the Board can provide any direction that they -- COMMISSIONER HALAS: I realize the urgency and that we have already permitted some growth to take place in that area, but I would hope that Marco would be somewhat of a good neighbor. And like I said, maybe we don't want to -- we're not there to take, have them donate the whole thing, but I think they ought to be a little more realistic in regards to the value of that property so we can get on. MR. FEDER: All right. Thank you very much, Commissioner. And I'm not necessarily disagreeing with you, and I went there with that stated desire and intent, pointing out that I felt that what we're taking was not infringing upon the remaining 203 acres of what's called the Marco lakes. Again, at the same time, their discussions centered around the Page 248 May 22-23, 2007 fact that our assessed -- assessed values have gone up, and therefore, ad valorem has gone up. That they pay a disproportional -- this is their terminology here -- I should say in quotes, share, and that they are capped-constrained, and these funds are needed, as they were sitting there working on their budget issues as well. So it was not necessarily a timing of desire, and there was an item that if I was purchasing, to anyone else, we are saving considerably on this project by being allowed to go exfiltration and storm septic, because we are over-treating in this area. And so it is a large savings, in spite of what I will agree with you seems like a very high cost to the city, this piece of property. COMMISSIONER HALAS: You just won me over. CHAIRMAN COLETTA: Mr. Feder, the road that's in Marco Island, what is that number, 90-? MR. FEDER: 92-A. CHAIRMAN COLETTA: 92-A? And is that -- Marco Island is supposed to keep that road under repair. For some time they have failed to do it in a timely fashion and it's degrading by the moment. Meanwhile, on one end of the scale what they are asking for is almost a million dollars. On the other end of the scale they are not repairing a road which is in their domain, and they are supposed to take care of, to serve the people in that end of the county. Now, we're the -- we're the fall guys for this whole thing. In other words, we're the pot of money that can always underwrite everything that is there. I think at some point in time, we should come to a realization where we're going. Now, I agree this project is very important. Mr. Tucker -- Councilman Tucker was heard commenting that -- by the way, I consider him to be a tremendous friend; I've got the greatest respect for him -- he said that probably what will happen is they'll end up paying in the end. Now, I don't think we would ever do that to them, but we were Page 249 May 22-23, 2007 just looking for realistic people to be able to step forward and just be able to say, you know something, maybe we can do something for the other end, take care of 92-A, get that repaired with some of the money that's coming, some sort of concession to be able to make this a better world for everybody, rather than, you know, we're going to protect our own turf, our own pot of money and the rest of the world be damned. I don't feel comfortable with that. I kind of hope that the motion will be to direct you to go back one more time to talk to them and see if there might be something, realistically, they can come up with if not a trade, or -- I mean, ifnot a forgiveness of the amount of money, at least to be able to buy a portion of it for the repair of 92- A. MR. FEDER: My recommendation to you, Mr. Chairman, and obviously, I'll take whatever direction comes from the Board, but we provide -- we're in about the third or fourth year providing a million a year to Marco Island as part of those roads that they were to take on and to maintain. I don't know that you necessarily mean to tie these two issues together, but this Board may want to, and I will get with Marco Island hopefully on something more amenable as opposed to directions. But you may want to direct me not to make payment on that million a year until they make that improvement to section 92-A, and they definitely have an influx of dollars on this project, as well, to get to that. CHAIRMAN COLETTA: Would that be a separate thing to come back to us or would that be simultaneous -- MR. FEDER: That would be a separate item. If that's what I'm getting the direction here, that's a separate item. I might recommend that. It may unfortunately fly into the face of what council had said to me, is they'll come back and make us pay somehow. I'm not trying to do that, but I understand exactly what we're saying is we have that issue. They were to maintain it, but that was related to that million a year for 13 years, and you might want to keep it related to that issue. Page 250 May 22-23, 2007 CHAIRMAN COLETTA: What we're doing, we're trying to benefit the people on Marco Island to move there. That's what the road is exactly made to do. Commissioner Henning? COMMISSIONER HENNING: Thank you. I had the opportunity to talk to a couple of councilmen yesterday and they mentioned to me about this item. The main reason, let's say, what I was told why they didn't consider the Board's request, is they were working on their budget, and they had to delete several pathways on Marco Island just to meet their budget. And I must remind everybody that unlike others, Marco Island doesn't come to us with their hat in their hand during their budget. So I'm going to make a motion to approve. We need to get this facility done for the benefit of everybody in Collier County. CHAIRMAN COLETTA: Well, I respect your motion, but I'm also not going to accept that, the fact that they -- I won't call ot anybody comes to us with hat in hand. We're looking to benefit the residents. What we can do in the City of Naples benefits the residents of Collier County. What we do in Everglades City benefits the residents of Collier County. You know, they come to us for just reasons. Now, we do have a million dollars that we're going to be turning over to them for benefiting just the Marco Island area, which indirectly probably benefits all Collier County. So I would like to put that in the correct light with my second. Okay. So we've got a motion by Commissioner Henning, second by myself, Commissioner Coletta. We're going to go to you, Commissioner Halas. I see your finger pointing up like this. COMMISSIONER HALAS: I'm concerned because you brought up some good facts, Commissioner, in regards to 92-A, so ifthere's Page 251 May 22-23, 2007 something that can be put into the motion that I would be comfortable with, that they have to have -- we have to, some way or another, to apply pressure to the City of Marco in regards to addressing the issues there in Goodland. CHAIRMAN COLETTA: No. I think probably Mr. Feder said that can come back, when is it, during the budget cycle? MR. FEDER: If this item is approved and if it's the Board's direction, which I think it is, we will discuss with Marco and bring back to you whether or not we should look to withhold any of that million a year until the improvements are made to 92-A. CHAIRMAN COLETTA: May we be more specific when the time comes that we say that million dollars can only be used toward 91-A? COMMISSIONER HALAS: 92-A. Yes. CHAIRMAN COLETTA: 92-A. COMMISSIONER HALAS: That's fine. I believe -- CHAIRMAN COLETTA: I don't know if it would be a good idea for the part of this motion. There's only three commissioners up here. COMMISSIONER HALAS: Three commissioners here, but I assure you we'll come back to you on this. CHAIRMAN COLETTA: Ifwe try to keep going forward, I would feel comfortable. Commissioner Halas? COMMISSIONER HALAS: Yes. We could bring it back at a later date. I think we need to address that because this has been an ongoing issue for a number of years with -- for the people of Goodland, where they haven't gotten any satisfaction from the City of Marco in regards to addressing their needs on 92- A. CHAIRMAN COLETTA: All right. Are there any other comments? Motion by Commissioner Henning, second by Commissioner Coletta. Any comments? All those in favor indicate Page 252 May 22-23, 2007 by saying "aye." (All say aye.) CHAIRMAN COLETTA: Opposed? The ayes have it, 3 to O. MR. FEDER: Thank you. We'll bring the other issue back. Thank you. CHAIRMAN COLETTA: Okay. Item #10L RESOLUTION 2007-144: A 2005 DISASTER RECOVERY SUB GRANT AGREEMENT BETWEEN THE DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY FOR $2,339,882 AND AN ASSOCIATED BUDGET AMENDMENT TO IMPLEMENT THE DISASTER RECOVERY INITIATIVE PROGRAMS, AND TO ADOPT A RESOLUTION APPROVING AND AUTHORIZING THE CHAIRMAN TO SIGN THE AGREEMENT, AND TO DELEGATE TO THE COUNTY MANAGER OR HIS DESIGNEE THE AUTHORITY TO SUBMIT REQUIRED REPORTS OR OTHER DOCUMENTS WHICH ARE SOLEL Y MINISTERIAL IN NATURE - ADOPTED MR. MUDD: Commissioner, the next item is 10-L. It's a recommendation to accept and approve a 2005 Disaster Recovery Sub grant Agreement between the Department of Community Affairs and Collier County for $2,339,882 and an associated budget amendment to implement the Disaster Recovery Initiative programs, and to adopt a resolution approving and authorizing the chairman to sign the agreement, and to delegate to the county manager or his designee, the authority to submit required reports or other documents which are solely ministerial in nature. Marcie Krumbine, your Director of Housing and Community Services, will present. Page 253 May 22-23, 2007 MS. KRUMBINE: Housing and Human Services. CHAIRMAN COLETTA: Human Services. All right. Before you go on, we -- Commissioner Halas has got his light on. I don't know if he wants to ask you a question now or after. COMMISSIONER HALAS: As I go through the organization and the activities in the DRI funding, I notice that Collier County Housing Development Corporation is included in this. Can you give me some background of why that particular firm is involved in this? MS. KRUMBINE: These organizations -- there were several organizations that submitted proposals. There were 14 that we accepted proposals from, and these were ranked the highest. And Collier County Housing Development Corporation is going to purchase and install two generators from Copeland Water and Sewer Facility. So that's the project. And-- COMMISSIONER HALAS: Wouldn't that come under the jurisdiction of the county staff some way? Or how does -- that's why I don't understand the connection between Collier County Housing Development and why the county wouldn't just come up with something like of this nature? For instance, maybe utilities, since it's water and sewer. MS. KRUMBINE: In Copeland? COMMISSIONER HALAS: I know this since it's their own private system, but -- MS. KRUMBINE: I would think that that's why it is -- Well, Mr. Maloney? MR. MALONEY: For the record, Jim Maloney, Public Utilities Administrator. Sir, would you restate your question, please? COMMISSIONER HALAS: My question is that this is in regards to Copeland, they want to install two generators for Copeland Water and Sewer, and who's put the request in is Collier County Page 254 May 22-23, 2007 Housing Development Corporation. And my question is, how did Collier County Housing Development Corporation get tied into this? MR. MALONEY: Sorry, I do not know. We have not had any oversight to that effect. There's the Copeland Utility Administrator. The Copeland Utility is a private utility, not under our purview. Certainly, we can get that data maybe from either of those two parties, but I have no knowledge of either that. COMMISSIONER HALAS: Collier County Attorney, can you give us any guidance on this? MR. WEIGEL: No, I can't. I don't know if Jeffrey Klasikow may have anything further, but the agenda is to come forward through the grants program and requests for grants and things of that nature. And so clearly Mr. Maloney is correct. If it's like, you know, it's a private water and sewer district, so it's outside of county auspices generally. So aside from the county stepping up and providing some funding, which would be an illegal act for a private benefit, notwithstanding the private utility serves people in general, I can't think if there is any irregularity in this particular organization coming forward. COMMISSIONER HALAS: I'm not saying it's irregularity. I'm just trying to figure out how this all ties together. MS. KRUMBINE: Well, I would like to say that when Housing Development came down a couple of years ago and toured the area, one of the areas that they identified as needing as much redevelopment and assistance as possible was Copeland. And so the grants area has focused a lot of their activities in doing community redevelopment in Copeland, and this was a project that was identified, and something that the Housing Development Corporation could do with the grant funding. COMMISSIONER HALAS: I'm not sure if I -- MS. KRUMBINE: And I -- can I interrupt--sCOMMISSIONER HALAS: Sure. Page 255 May 22-23,2007 MS. KRUMBINE: -- just for one second and say that at the April 24th meeting, we brought these projects to you and -- and-- well, actually it wasn't April, it was last year on September 12 of'06. The Board of County Commissioners approved us submitting this grant application to the Department of Community Affairs with this project in it, and that's how the contract was submitted, was this way. COMMISSIONER HALAS: Okay. The Collier County Housing Development Corporation, does it -- I know it owns some property in there, is that correct, in Copeland? MS. KRUMBINE: Only -- no. They are doing some -- what they are doing is they are -- they are building a home there through grant funding. And so actually the grants have lent them the money for the property, to buy the property, and then they'll -- and then they'll build a home and then sell it. So it's all been done through these types of grant. This is -- the -- what you're referring to is done through our CDBG program. This is a hurricane mitigation program. COMMISSIONER HALAS: Okay. I'm just trying to get the connection, that's all. I'm not -- MS. KRUMBINE: I think the connection is that the Housing Development Corporation, they are identifying the projects and programs that they can do within Copeland, which is an area that has been earmarked for redevelopment activities. COMMISSIONER HALAS: Okay. MR. MUDD: Which is I can give you a little bit of information of Copeland. I was just talking to Jamie French on the phone. COMMISSIONER HALAS: Okay. MR. MUDD: Jamie French is our liaison to the waterways/water authority that you have in Collier County, and they regulate all the -- all the privately owned water/sewer entities in Collier County out, you know, outside of the utilities that Mr. Maloney is responsible for. And Copeland is a co-op, so they are a private -- they are Page 256 May 22-23, 2007 completely out of even the regulatory overview of your waterways/water authority. They -- they are co-op, and all the regulatory issues just go along with it, basically go to the Florida Department of Environmental Protection. So we really don't have any oversight. And Copeland has been a problem over the years. I believe Commissioner Coletta will attest to that over the water/sewer particular issues. I mean, ever since I've been here, I mean when -- when Bill Wallace was still here, I used to ask him about did he give him money, how it got used, or money that got put into the water plant and sewer field in decades past. This is a - this is another issue. But there is no -- there is no overview of their co-op as far as waterways/water is concerned in Collier County government, per se. The only time we ever get involved is when, ifDEP comes down and puts them in receivership by court order, and the only person they can look to is Collier County to bail them out. And that's happened over a number of times, too. COMMISSIONER HALAS: I think that they need these, but I was just trying to get the whole picture. Basically, this is the picture in my mind on how that -- this group was involved in Copeland to whereby they came and they actually submitted for the grant and got the grant. That's all I'm doing. CHAIRMAN COLETTA: I appreciate this going back and forth. I kind of hope you've gotten a comfort level with it. Now maybe you would make the motion, you know, but if you want to hear more, this is extremely important to Copeland. We've only got three commissioners on this dais. I'm sitting here at the edge of my seat. This whole thing is about ready to unravel. All you hear is the word "grant money," trying to get the money, having it go away. COMMISSIONER HALAS: Motion to approve. CHAIRMAN COLETTA: Second. Mr. Henning, Commissioner Page 257 May 22-23,2007 Henning? COMMISSIONER HENNING: Boy, what do I need? CHAIRMAN COLETTA: Did I put a guilty feeling on you? COMMISIONER HENNING: No, you didn't. I'm just trying to figure out -- CHAIRMAN COLETTA: I'll try to work at it if you like. Mrs. Krumbine, will these items come back to us at all? MS. KRUMBINE: No. COMMISIONER HENNING: Okay. How do we know the breakdown of the expenses? MS. KRUMBINE: You mean the expenses within the subrecipients? COMMISIONER HENNING: Correct. MS. KRUMBINE: We would -- COMMISSIONER HENNING: How do we know how much administration costs are in each one of these items? MS. KRUMBINE: We would do that internally in our office. COMMISIONER HENNING: Is there a limit on -- on those type of things? MS. KRUMBINE: There is no -- I mean, you know, I don't -- I don't know the specifics on that, but I'll tell you that for us, for Collier County, we're getting a 3 percent administration fee on this. And that's why I think, you know, it's -- that's why we've had to kind of cut down staffing and everything for it, so there will be very little money passing through, aside from actually doing the work. COMMISIONER HENNING: Okay. Let me -- let me kind of restate my question so you understand it. On these subrecipients, they have costs for materials. I'm sure some of them are labor costs. Is there any administration costs within the subrecipient agreement, and if so, how much? MS. KRUMBINE: Actually, we will be executing subrecipient agreements for each of these, okay, and they will go through the Page 258 May 22-23, 2007 county attorney. And we -- these grants are very heavily audited and have very specific rules and regulations, so whatever are the rules and regulations within it, we'll follow it to a T. And you see it in there? We will be going -- we couldn't execute the subrecipient agreements until you approve this and we've executed the contract. So that would be our next step, to do the subrecipient agreement. And also, let me clarify that this is -- this is a package deal. This is this contract with DCA. So we can't -- that they approved this grant with these, 1,2,3,4,5 -- six programs in it. So if we change these in any way, then we'd have to go back and redo it, and chances are, that we would not receive the $2.3 million. COMMISIONER HENNING: Okay. So we just don't know those costs. Okay. I'm ready. CHAIRMAN COLETTA: You scared the daylights out of me. Okay. Any other discussions? I know where you live, by the way. Let's call the question. All those in favor of the motion that was made by Commissioner Halas, and seconded by Commissioner Coletta, indicate by saying aye. (All say aye.) CHAIRMAN COLETTA: Opposed? The ayes have it, 3 to O. And stop that pregnant pause, Commissioner Henning. I've got the gavel. It could be dangerous. We can go to the next item, please. MR. MUDD: Commissioner, as mentioned on our -- on our change sheet, 10-M was continued to the 12th of June. Item #lON RECOMMENDATION TO SIGN THE FORMAL HAZARD MITIGATION GRANT PROGRAM (HMGP) APPLICATION FOR $1,639,225 IN HMGP FUNDS TO BE USED TOWARDS THE Page 259 May 22-23, 2007 CONSTRUCTION OF THE NEW COLLIER COUNTY EMERGENCY OPERATIONS CENTER (EOC) - APPROVED Next item is 10-N that the recommendation is signed in formal Hazard Mitigation Grant Program, HMGP, application for $1,639,225 and HMGP fund -- COMMISSIONER HALAS: Motion to approve. COMMISSIONER HENNING: Second. MR. MUDD: -- for construction of the new Collier County Emergency Operations Center. CHAIRMAN COLETTA: We have a motion by Commissioner Halas and second by Commissioner Henning to approve. Any other discussion? Being none, all in favor indicate by saying aye. (All say aye.) CHAIRMAN COLETTA: Opposed? And the ayes have it, 3 to O. Item #100 BUDGET AMENDMENTS RECOGNIZING THE FISCAL YEAR 2007-08 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) ENTITLEMENT FUNDING, AND STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) ALLOCATIONS. ($7,1 73,560) - APPROVED MR. MUDD: Commissioner, the next item is No. 10-0, is the recommendation to approve budget amendments recognizing the fiscal year 2007-2008, U.S. Department of Housing and Urban Development, HUD, entitlement funding and State Housing Initiatives Partnership Program, SHIPP, allocations of $7,173,560. COMMISSIONER HALAS: Motion to approve. CHAIRMAN COLETTA: I'll second that motion. Motion by Page 260 May 22-23,2007 Commissioner Halas to approve, second by Commissioner Coletta. Any discussion? All those in favor of the motion indicate by saying aye. (All say aye.) CHAIRMAN COLETTA: Opposed. The ayes have it, 3 to O. Item #10P TO PROVIDE REQUESTED INFORMATION ABOUT THE POTENTIAL FOR CONTRIBUTING $500,000 FROM CONSERVATION COLLIER FUNDS TO ASSIST THE CITY OF NAPLES IN BUILDING TRAIL AND BRIDGE ON CITY- OWNED LAND AS PART OF THE GORDON RIVER GREENWAY - MOTION TO CONTINUE ITEM TO THE NEXT MEETING - APPROVED MR. MUDD: Commissioners, the next item is 10-P. It's providing requested information about potential for contributing $500,000 from Conservation Collier funds to assist the City of Naples in building trails and bridge on county -- excuse me, on city-owned land as part of the Golden -- Gordon River Greenway. And again, Mrs. Alex Sulecki, your Manager for the Conservation Collier Land Acquisition. CHAIRMAN COLETTA: Okay. Let's go to Commissioner Halas first for a question. COMMISSIONER HALAS: Yes. My question is, is there any -- has the city offered up some type of a maintenance program in regards to taking care of this or is that Conservation Collier going to have to take care of this? Because this is within the confines of the city, and I would hope that there would be some partnership here so that the maintenance portion of this would be taken on by the city. Do you know anything about that? Page 261 May 22-23, 2007 MS. SULECKI: Well, Commissioner Halas, I think -- for the record, Alex Sulecki. I'm here for Conservation Collier. I think that it's way too early to think about those kinds of specifics. I've had some brief discussions with the city about this and the ordinance was not set up for this. It would be a -- kind of a push in there. We'd have to control the land, we'd have to have a management plan that you approve. In my discussions with the city, they have said, yes, it's possible that we could give you an easement over the land; yes, it's possible that we could agree to a management plan that your Board could approve. But the devil is in the detail and I think it would take a mighty political will to get the city and the county together to approve something like this through the Conservation Collier ordinance. And I would just tell you that the -- your executive summary was prepared in conjunction with legal advice from our County Attorney's Office. So it's mostly legal stuff, and that's about all I have to give you at this point. COMMISSIONER HALAS: Would it be more beneficial for us to build the walkway and the bridge? MS. SULECKI: It is from city land to city land. So I guess that's up to you if you would want to fund something like that. If it came through Conservation Collier money, it would have to be on lands that we controlled into perpetuity for Conservation Collier purposes, and only through a management plan that had amenities approved by you. So it's a stretch. COMMISIONER HENNING: Commissioners, I don't feel comfortable. This is a report. I would feel more comfortable if Commissioner Coyle was here, since it's in his district. So I'm going to make a motion to continue this matter. Thank you. MS. SULECKI: You're welcome. COMMISSIONER HALAS: Second. Page 262 May 22-23, 2007 CHAIRMAN COLETTA: We have a motion to continue by Commissioner Henning, and second by -- COMMISSIONER HALAS: Commissioner Halas. CHAIRMAN COLETTA: Commissioner Halas. Discussion? How many speakers? MS. FILSON: I only have one speaker and I don't believe she's here, but just to be fair, Ellie Crier. (No response.) CHAIRMAN COLETTA: Okay. Any discussion? Hearing none, all in favor of the motion indicate by saying aye. (All say aye.) CHAIRMAN COLETTA: Opposed. The ayes have it, 3 to O. MR. MUDD: Mr. Chairman, continue to the next meeting; is that correct? CHAIRMAN COLETTA: Yes. Item #10S through Item #lOCC LIEN AGREEMENTS FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER-OCCUPIED AFFORDABLE HOUSING UNITS WITHIN INDEPENDENCE PHASE II, IMMOKALEE AND TRAIL RIDGE (AS DETAILED IN THE EXECUTIVE SUMMARY) - APPROVED MR. MUDD: Commissioners, that brings us to item 12-2 you did yesterday, 10- R, which I mistakenly used to be 16-G 1 was pulled and went to 14- B and the Board did that yesterday. That brings us to 10-S through 10-CC and I believe they are hopefully the same issues and concerns that Commissioner Henning had, and it was item 16-D1 through 16-D9, and then there was 11 and 13 that were also pulled. CHAIRMAN COLETTA: Let's go right to Commissioner Page 263 May 22-23, 2007 Henning. COMMISSIONER HENNING: And I apologize for doing this, I just need to feel comfortable. My issue is these impact fees deferrals are between parties and not over land. And Mr. Klatskow -- that's one of my concerns. Mr. Klatskow said that he can straighten it out for me. MR. KLATSKOW: Jeff Klatskow, County Attorney's Office. Commissioner Henning, it works like this. It all comes into our office, or Marcie's office, asking for the impact fee deferrals generally on Habitat for Humanity, and what we do, we get into an impact fee deferral agreement with that developer at that time pursuant to the ordinance. Permits are pulled and because impact fees are on permits, we have to have that agreement recorded, so that Amy knows that she doesn't have to collect the impact fees at that point in time. Eventually, the Habitat for Humanity will sell that house to someone else and they give us the name and we get into, pursuant to the ordinance, a new lien agreement on that property. So we already have a lien on the property as it is, and the lien's not personal, it's towards the property. So there is no individual liability on it. It's just a lien on the property. So we get a new person come in, they buy the house, and we prepare the agreement and we record the agreement. Now, where there's the possible rub is that if for some reason that closing doesn't happen, there's a potential that the land records will have somebody's name on a lien that never owned the property. Now, eventually it will get resold by Habitat for Humanity and the right person will come in and that name will go on. If the Commissioner's concerned that from time to time there may be a lien recorded on the property with the wrong name on it, we can wait until we get confirmation that there was a closing. My concern with doing that, is that from an administrative Page 264 May 22-23, 2007 standpoint, it's easy for staff to simply do these agreements and record these agreements, and we know they all get recorded that way. If they actually have to monitor this, I can't guarantee we'll have 100 percent accuracy on this and there may be some error. That's why we do it the way we do. COMMISSIONER HENNING: And actually, I was concerned about the one that was coming up on the next agenda, which the deferral is in a developer's name. But in Habitat's case, I feel fairly comfortable about it, on impact deferrals. Once that land is changed over to somebody else's name -- somebody else's name, those impact fees mayor shall be reimbursed. So in Habitat's case, if, for some reason, the person who's actually benefiting on the deferral, the end user, decides for some reason they are not going to occupy that unit, does that mean Habitat needs to come up with the money to pay those impact fee deferrals? MR. KLATSKOW: No, because it runs with the land. Ifwe ever were decide that because it was not being used for affordable housing, the remedy is foreclosure, we would not look at Habitat for Humanity. COMMISSIONER HENNING: Well, I know I cannot go up to the fourth floor and look up a lien for Jeff Klatskow's house, but it wouldn't be any good. And that's my concern, the need for it to be straightened out. There's a need to have some sort of agreement with the landowner, too. MR. KLATSKOW: We have the agreements with the landowner where it sort of falls in the crack, sometimes is when a closing doesn't occur. I don't know how common that is. As I said, we could wait until we got confirmation of a closing then record it. My concern is that they're going to miss a couple of those. And I know that when I bought my house a couple of months between the time I signed my deed and it got recorded, the clerk, Page 265 May 22-23, 2007 depending upon the market, it can take awhile before we get that confirmation. But if that's the will of the Board, we can do that. COMMISIONER HENNING: Well, it needs to be clean and that's all. And I know you can't lien somebody else's property, and that's exactly what we're doing. The second concern that I have, Commissioners, is 15-D5. I found where this person, Maria Mathurin, has actually received several thousand dollars including from Collier County for an affordable housing. MS. KRUMBINE: Actually, Commissioner, we did verify that from your information yesterday, and there are two Marie Mathurins; one has bought in Malaga Place, another affordable housing development in Immokalee; and this is another -- this a whole other person, another Marie Mathurin, who lives in Ashlawn in Immokalee, renting, and will now buy a home on Trail Ridge in Naples. They are two separate individuals. COMMISIONER HENNING: Okay. I'll take your word for it, but that seems kind of odd with someone that's not Mathurin. MS. KRUMBINE: Mathurin is actually a very common Haitian name. If you notice on the list, there's a Jeannine Mathurin also, so it's a very common name. COMMISSIONER HENNING: Correct, I did notice that. And you -- and you feel confident that the background checks of these deferrals meet the ordinance? MS. KRUMBINE: Yes. COMMISSIONER HENNING: Okay. I'll make a motion to approve all of the items that I pulled off the consent agenda, dealing with the affordable housing deferrals. MR. MUDD: Commissioners, I'll go down the list quickly to make sure we adopt. 10-A is 16-D1; 10-B is 16-D2; 10-Q is 16-D3; 10-V is 16-D4; lO-W is 16-D5; 10-X is 16-D6; lO-Y is 16-D7; 10-Z is 16-D8; 10-AA is 16-D9; 10-BB is 16-Dl1; and lO-CC is 16-D13. Page 266 May 22-23, 2007 Those are the items that you pulled on this particular issue. COMMISSIONER HALAS: Commissioner, can I ask you a question? Did you talk to staff prior to pulling these from the consent agenda? COMMISSIONER HENNING: Well, it was -- it was Tuesday morning that I discovered that a developer coming on the future agenda is asking for impact fee deferral. I knew that we had several of them on the agenda today, and I mean, that's the kind of research that we really shouldn't have to do, but I just didn't feel comfortable with the way we're doing it. And I still don't feel comfortable with liening somebody's property that they don't own, but I have confidence in Habitat for Humanity, and these cases, they are going to relieve my concerns. CHAIRMAN COLETTA: I'll second your motion. There is one other thing. We need to do an ex parte on these items one after the other. It was listed as required ex parte. Let's do that now because we approved the agenda. COMMISSIONER HENNING: Where does that -- MS. FILSON: These are not ex parte. CHAIRMAN COLETTA: Okay. My mistake. COMMISIONER HENNING: I apologize, and thanks for your indulgence. MS. FILSON: We have one speaker, Mary Ann Durso. MS. DURSO: I'll waive. CHAIRMAN COLETTA: Mary Ann, sure you don't want to put a commercial in? Maybe what the next project is? We really support you. State your name for the record. MS. DURSO: My name's Mary Ann Durso. I'm the Executive Director for Habitat for Humanity. An interesting fact, I know you like to do houses that have been approved that are really closing. I thought you'd be happy to know that we have closed 92 houses since Page 267 May 22-23, 2007 December 22nd. We have 40 houses ready in Naples and 40 ready in Immokalee, and we'll have 20 more by June. So we have been building houses. We're working together in partnership with you and your staff so we are happy that we could resolve this issue together. Thank you. CHAIRMAN COLETTA: Thank you, Mary Ann. Okay. With that, any other comments? Seeing none, all in favor of the motion indicate by saying aye. (All say aye.) CHAIRMAN COLETTA: Aye. Opposed? The ayes have it, 3 to O. MR. MUDD: Commissioners, this completes our regular agenda. Item # 11 PUBLIC COMMENTS ON GENERAL TOPICS MR. MUDD: The next item is public comment and general topics. CHAIRMAN COLETTA: I think we do have a speaker or two. MS. FILSON: Mr. Chairman, I do have two speakers under this topic. Timothy Ferguson, who will be followed by Kenneth Thompson. MR. FERGUSON: For the purpose of the record, Timothy Ferguson. I represent clients that have application TRP 205-03 and -04 on the Growth Management Plan amendment. I requested that they be continued. That request was summarily dismissed, and I'd like to have that put on the agenda for either the 4th or 5th at the end of the agenda or on the 12th. I don't think there is really a need to have it on the 4th or 5th. I don't see that that is necessary, but we're asking those items be continued. Page 268 May 22-23, 2007 And what the Board did was they summarily just dismissed it, didn't vote, didn't discuss it, just said, either you continue -- either you bring it before us or withdraw it. No option to continue. It wasn't debated at all. And basically the reason for the continuance was we were really working with the residents surrounding that to get a consensus on what should be done with those parcels, and we really felt like we were getting somewhere, but we weren't going to be able to get there in time. And after two years and as much money as they paid to have this thing get a full hearing, we thought it was only fair that we get a continuance in the matter, and we'd at least like the Board to entertain granting those continuances. CHAIRMAN COLETTA: Let's go to the County Attorney on this and maybe we can find out what our abilities are. COMMISSIONER HALAS: I got a question. MR. FERGUSON: What is it? COMMISSIONER HALAS: Are you talking about the Planning Commission? MR. FERGUSON: Planning Commission. COMMISSIONER HALAS: Okay. So the Planning Commission hasn't reviewed these yet, right? MR. FERGUSON: We brought it before the Planning Commission and I was told by the Chairman of the Planning Board that either you go with the application as you have it or you pull it. Weare not even going to go to any continuance, and he did not have any discussion, no debate, nothing. Those were just -- those were my options. COMMISSIONER HENNING: You think we should fire him? MR. FERGUSON: No. COMMISSIONER HALAS: I think what we should do is probably take it back to the Planning Commission. It should go Page 269 May 22-23, 2007 through that first. CHAIRMAN COLETTA: Well, let's --let's hear -- they are for the County Attorneys, and I'm lost on this one. I'm not too sure what the proper -- what can be done at this point. MR. WEIGEL: I'm a little unclear. Mr. Ferguson, can you state again the petitioner matter that was before the Planning Commission, whether it was an amendment or Growth Management Plan amendment? MR. FERGUSON: It was Growth Management Plan amendment. MR. WEIGEL: Okay. Under private petition? MR. FERGUSON: Correct. MR. WEIGEL: Well, I see two things that could occur. One is it comes to the Board of County Commissioners in the normal course following what the Planning Commission has done or -- and the -- and the Board take it under advisement, what the Planning Commission did, and the petitioner has represented indicating what occurred because ultimately, the decision-making is yours, in any event. Another aspect would be when it comes to you, if you wish to have the Planning Commission have another bite of the apple as to instructions as to what you would like them to do, you can remand it to the Planning Commission and they would hear it pursuant to your direction. It would be processed by the Planning Commission. They would take a vote at the hearing and then send it back to you at that point in time. Both of those -- both of those operations would take some additional time and that might secure the kind of review that Mr. Ferguson may be looking for. CHAIRMAN COLETTA: Commissioner Halas, got a suggestion? COMMISSIONER HALAS: Can the Chairman send a letter to the Chairman of the Planning Commission and basically say we'd like Page 270 May 22-23, 2007 to have you look these two items over and get this thing taken care of before it's sent up to us? CHAIRMAN COLETTA: Well, I think what the man is asking is that he just wants to have a continuance, or you want them to hear it? COMMISSIONER HALAS: He wants them to hear it. MR. FERGUSON: Well, what I'd like to have is I'd like to have a continuance for those two application items, and since it is your call, I think it might -- CHAIRMAN COLETTA: Okay. Well, let's do this. Since you're asking for a continuance, we don't have -- we have to take that action at a time we're going to be doing the changes to the Land Development Code. We can't really do it now. MR. WEIGEL: No. The matter isn't before you now. It would come to you after the Planning Commission. I believe Mr. Ferguson is asking that the item either can be continued by the Planning Commission at this point in time rather than heard by the Planning Commission. Is that correct, Mr. Ferguson? MR. FERGUSON: Yes. I would like the items to be placed on the next cycle, next Growth Management Plan cycle, continued. Okay. What I was suggesting might be the most convenient thing to do is to put it at the end of the June 4th and 5th hearing, and just let you decide whether you'd like to continue and put them on the next cycle or not. That might be the easiest way to handle it, but I'm up to -- CHAIRMAN COLETTA: Ifwe did continue it, too, we could always send you back to the Planning Commission at that time. MR. FERGUSON: Correct. MR. MUDD: We have a problem on the 4th and 5th. Those two items are not advertised. I just talked to Mr. Cohen (Ph) and just going through some of the details. Page 271 May 22-23, 2007 Mr. Ferguson withdrew the items, and they weren't advertised for the 4th and 5th. And notice the 4th and 5th is an advertised public hearing for you to talk about the Growth Management Plan amendments. I would believe if you want us to bring this item back up for the next Board meeting, with discussion with Board, and we can put all the facts together for the Board, and the Board can give us some direction what you want to do once you have the whole -- the whole list of these questions. At least the thing looks like right now you're shooting blind outside of what Mr. Ferguson tried to relay to you with two GMP amendment numbers. You don't know, you don't understand the broad complexity of the issue. I would recommend to the Board that you direct staff at the next Board meeting to bring this forward to you for your future direction. CHAIRMAN COLETTA: Meanwhile, we can possibly comply with the request that we have before us. MR. MUDD: Commissioner, you can do it at the time after you say everything. You can say fine, bring it back to the next GMP cycle. It will not be this cycle that you are at right now on the 4th and 5th, but it would be the next one. CHAIRMAN COLETTA: Do my fellow commissioners agree with that? COMMISSIONER HALAS: Yes. CHAIRMAN COLETTA: How about you, Mr. Henning? COMMISIONER HENNING: Sure. CHAIRMAN COLETTA: Okay. MR. FERGUSON: So we will be pulling some of the agendas on the 12th? MR. WEIGEL: Well, I want to note that there would be an advertising requirement so the time required for the newspaper for the 12th is three weeks ago. I don't know for sure that that can be met, Page 272 May 22-23,2007 just to let you know that. MR. FERGUSON: Well, I don't believe we're -- you're going to __ I don't believe they are going to hear it. I believe they are going to make the decision to tell us to continue it to the next cycle, which is a year and a half from now. MR. WEIGEL: Okay. I don't think we're asking the Board, or Mr. Ferguson asking the Board, to make a decision on his amendment. MR. FERGUSON: No. MR. WEIGEL: I recognize that. Just if it needs to be advertised, it's a little tight for three weeks. CHAIRMAN COLETTA: May I suggest that ifthere is some extra costs that have to be incurred to advertise it, maybe Mr. Ferguson might volunteer to cover that cost if it has to be a separate advertisement. MR. FERGUSON: I have no problem with that. CHAIRMAN COLETTA: That would get everything on schedule. I can't picture that there is not enough time in there for that ad to appear. MR. WEIGEL: Well, we're specifically told by the clerk's office in doing this they need 17 days lead time, and that's 21 days away. So it could be done if advertisement is required separate from merely the notice in the agenda. I just wanted to mention that we have to work quickly in that regard. CHAIRMAN COLETTA: Crystal, do you have any comments on this? MS. KINZEL: No. COMMISSIONER HALAS: If there are any additional costs, Mr. Ferguson will pay for the additional costs. CHAIRMAN COLETTA: Mr. Ferguson, thank you for being here today. MR. FERGUSON: Thank you. Page 273 May 22-23, 2007 MS. FILSON: Our next speaker on your public comment, Mr. Chairman, is Kenneth Thompson. CHAIRMAN COLETTA: Haven't seen you for awhile, sir. MR. THOMPSON: You know, we've got this thing right behind the Texaco Station, Suite 108, 10 o'clock last Sunday night. I don't believe I have ever seen so many people. We need some cotton pickers, send them to North Carolina, that's where they need to go. But, man, they tore that place apart. I don't believe I have ever heard horns blowing like that. Jesus, Christmas. Then they left, they come back. I don't know how many times before that. They got to stop. I can't take it. I can't take it. And then now, you got the garbage. They are doing a pretty good job right now of picking it up. But you got this one -- one guy here, I don't know, I got his truck number -- how many do I have -- 264350. He's out there every morning beating and a banging at 4 o'clock. He was there this morning with my damn water. I don't believe -- the man is a fruitcake. And this one here, Larry Bird, district manager, if you haven't got rid of him yet, please do so because he is the worst. Send him to cotton-picking North Carolina, too, because I'm telling you, you can't live there. I don't want to cause no people no problems, but you got the Sheriffs Department, you call them. You spend so damn much money -- excuse me, I said that -- but little boxes, little boxes this big, not telling how much one of them cost, to hold up and pin on his shoulder here. Why in the hell don't he do his job and quit begging for money? I'm sick of him begging for money. If you do the money that you give him and put him in the right place at the right time, he would be a good sheriff. But I got news for you, and I hope you vote for her. Got a lady running this time that's of his deputies, and boy, she's a sweetheart, let me tell you. Page 274 May 22-23, 2007 But then, you got Mrs. Arnold telling me what I can do and what I can't do. I don't work for the county; she does, but I really like Mrs. Arnold. And then you got Linda Wolf. I wish you would call her out, she wouldn't cuss so bad. It's pretty bad when a man's cussing, but when you get a woman cussing, that's pretty bad, on the job. But if I have to, I want Mrs. Arnold fired. If I had to one more time, she's messing up everything. We had road rages cutting beside the road. She told me that we've got everything going now, you have to cut clear to the blacktop. I have to clean the ditches. I'm not going to do that. You got -- let me finish. You got this guy, John Emory, lives next door to me. He likes to beat on women, and Mrs. Arnold -- at the time, 13 years my wife was at that beauty parlor, she showed up and told me I couldn't have the beauty parlor. But since then, she's never got off of my back. It is 24 hours a day, but yet you go issue a permit here. He's already putting a lock on it and there is no call for electric. He's done everything that you can imagine. He's from Massachusetts, does that tell you anything? He loves to beat women. I've got -- you should see the stuff that two deputies was driving by my house and he was in the yard stealing my plants. This guy is loco; he's nuts. He put all his tools over in the yard. I called the deputy and he tells me to put them in the garbage. But somebody ought to let her know before you issue a permit, put it across the front of somebody's property. You don't let them do it up in North Naples and, boy, it's gone to the pigs. That's the worst place I've ever seen. But please help me with this guy here. This guy here, if he puts up a wooden fence, he's telling me he's going to put it up across Lot 44. Well, he won't. He'll keep going across Lot 43. If you would, I Page 275 May 22-23, 2007 need you to get that wooden fence, because they wouldn't let me get that wooden fence in, but -- CHAIRMAN COLETTA: Let's do this. You're running over your time. MR. THOMPSON: I know it. CHAIRMAN COLETTA: Don't put that away; I'd like you to hand it to the County Manager and County Attorney. Somebody can look into that for you. MR. THOMPSON: This morning, he came out right there at Royal Palm, right where -- CHAIRMAN COLETTA: I hear you loud and clear. MR. THOMPSON: Yes. He comes here this morning with the truck, he picks up the dumpster, and he got it right here before the yard and dumped it right in front of the dumpster. You know, he had beer bottles and the cans just rolling. It's the truth. And then he just picked it up and turns and drops it. I've had about all I can take of this man, and you need to tell Don Hunter when somebody is helping him get criminals off the street, especially child molesters. They give me a poster with this man on it. He goes to 2277 Cypress, and they are living in tents, motor homes. You try to get to Mrs. Arnold to tell her that they'll go up there and you don't put a motor -- CHAIRMAN COLETTA: I have to ask you to wrap it up, sir. MR. THOMPSON: -- air conditioning inside that motor home, you can't go down the road. CHAIRMAN COLETTA: Thank you very much, sir. It's really good. MR. THOMPSON: All right. It's good to see you. Please, one more thing. You take Mr. Weigel back in here, he will back me; he's my right-hand man. CHAIRMAN COLETTA: Good man. Page 276 May 22-23, 2007 MS. FILSON: That was your final speaker. CHAIRMAN COLETTA: Closing business, Mr. Mudd? MR. MUDD: Yes, sir. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. MUDD: This has to do with two commissioners that aren't here today, and they asked me to bring some items up in their absence. Item #16A2 RECOMMENDATION TO APPROVE FOR RECORDING THE FINAL PLAT OF SILVER LAKES PHASE TWO-G : MOTION TO CONTINUE TO THE JUNE 12 BCC MEETING - APPROVED MR. MUDD: First is, there was a phone call that I received from Commissioner Fiala last evening. It has to do with Item 16-A2. And this item requires an ex parte disclosure be provided by commission members, should a hearing be held, they are required to be sworn in, a recommendation to approve for final Silver Lakes Phase II-G. She made mention of Silver Lakes yesterday on 17. I couldn't find it. Later we found it was 16-A2. She got a letter from the homeowners' president of Silver Lakes II, an e-mail, basically asked the commissioner at the time -- and this came in early in the morning on May 22nd, which was yesterday, at 5:42 in the morning -- and the commissioner didn't see it before the item was approved on the consent agenda by the Board. But it read, "Dear Mrs. Fiala, currently, we have a problem with the developer bringing Silver Lakes into compliance with the Health Department as it relates to our pool and required water flow. Page 277 May 22-23, 2007 "I have been in contact with Mr. Rock of the Health Department, and he, in turn, has been working with the building department to resolve this issue. "We are concerned that Time Quest's development may not bring the pool into compliance. Can this issue be addressed today at the hearing? I know this is a very short notice and I apologize for that. "Mr. Rock has been in contact with Mr. Hammond and Mr. Smith and trying to find any kind of resolution of the water flow issue. We have had these problems for over seven years without a concrete solution. "I am the president of Silver Lakes, would appreciate any input you may have. "Signed, Jim Beck." Commissioner Fiala asked me to bring this to the Board's attention and ask the Board -- and I know it's kind of awkward in her absence -- if the Board would consider a reconsideration of this particular item today before it gets resolved with public records, and this item be continued until the next meeting. And that was her request. CHAIRMAN COLETTA: For a reconsideration? MR. MUDD: Yes, sir. And I talked with the county attorney, as long as the Board is still in session, which you are, the Board can reconsider an item that they approved or disapproved in -- during the process of the ongoing meeting, and they can take another vote on that action if they decide to reconsider it at the same meeting. Did I get it right, Mr. Weigel? CHAIRMAN COLETTA: Mr. Weigel, question before you begin. In other words, the reconsideration has to be final and we can't reconsider to have it brought back to the next meeting? MR. WEIGEL: No. That's exactly what Jim was suggesting, that what Mrs. Fiala requested fell under 241, the reconsideration ordinance. You can entertain a motion to reconsider if someone makes that motion. If passed by a majority of the Board present, take two votes, Page 278 May 22-23, 2007 then reconsideration is achieved. And then upon another motion, you can make a motion to continue the item to the next meeting, like that which Commissioner Fiala has requested. CHAIRMAN COLETTA: I make a motion for reconsideration. COMMISSIONER HALAS: Second. CHAIRMAN COLETTA: The motion for reconsideration by myself, Commissioner Coletta, second by Commissioner Halas. Any questions, comments? COMMISSIONER HALAS: On 16-A2? MR. MUDD: 16-A2. CHAIRMAN COLETTA: And with that, we'll take a vote. All those in favor indicate by saying aye. (All say aye.) CHAIRMAN COLETTA: Opposed? And the ayes have it, 3 to o. Now, the next motion would be -- MR. WEIGEL: Whenever you wish -- CHAIRMAN COLETTA: -- continued to the next regular BCC meeting. MR. WEIGEL: That's right. CHAIRMAN COLETTA: Okay. Do we have second? COMMISSIONER HALAS: Second. CHAIRMAN COLETTA: Okay. Motion to continue the item to the next BCC meeting, motion by myself, Commissioner Coletta, second by Commissioner Halas. Any discussion? Being none, all those in favor indicate by saying aye. (All say aye.) CHAIRMAN COLETTA: Opposed? The ayes have it, 3 to O. Next thing, Mr. Mudd? Item # 15 (continued) Page 279 May 22-23,2007 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. MUDD: Yes, sir. Commissioner Fiala had one other issue that she wrote a note on. CHAIRMAN COLETTA: She's keeping us busy for not being here. MR. MUDD: Yes. And I'm going to read it best I can in her handwriting. "I'd like to ask the commissioners if they would consider adding an agenda or on your agenda, addressing people who are arrested using false identity in the criminal justice system. Although this is not a commission issue, identity theft and illegal aliens using false identity can seriously affect our residents." "I would like to prepare a resolution in support of our sheriffs office and judicial system working together to tackle this problem and eliminate it from our court system." "If you approve, I would ask that our Chairman write a letter to Judge Hugh Hayes if he would consider inviting Mike Carr to assist in writing the resolution and giving the BCC a presentation on the problem and offering solutions." "I'd also ask the Chairman to invite Sheriff Hunter to also participate. " COMMISIONER HENNING: Mr. Chairman, the -- Commissioner Fiala has every right to put anything on the agenda she wishes. Constitutional officers are independent, so are the judges. I wish her well and look forward to her getting it on the agenda with. CHAIRMAN COLETTA: I would agree with you. I think it would be appropriate for her to go ahead to make it an agenda item. She can make a resolution as she sees fit and we can see what it is at that moment in time. MR. MUDD: Last issue, this has to do with Commissioner Coyle. Page 280 May 22-23, 2007 Commissioner Coyle has some concerns about Ordinance Number 2001-55 amended by Ordinance 2006-39. And this has to do with the County General Advisory Board Ordinance amending qualifications and requirements for membership for same, and it talks about certain candidates that are running for public office. His question is -- right now as it stands, if someone is running for public office, they have to vacate the position that they have on the advisory Boards. He mentioned to me the possibility of some officials in the City of Naples who are maybe sitting on our Coastal Advisory Committee. He has concerns if our Board members are serving on advisory boards, do they have to give up that advisory board position because of the ordinance. And he was just asking the Board to consider that, have the county attorney take a look into it and come back and talk to the Board a little more about it. When this was originally done, I believe it was Commissioner Max Hasse that had concerns about people using their particular position on advisory boards as bully pulpits for when they were seeking elected offices. CHAIRMAN COLETTA: I think we amended it, we already, Mr. Weigel? MR. WEIGEL: Yes. I researched this for Mr. Coyle and prepared to speak. And Mr. -- Chairman Coletta is correct. The ordinance was amended and came up in the context of Mr. Sileski (phonetic), who was looking to run for, I believe, Fire Control or Fire CHAIRMAN COLETTA: Fire Commission. MR. WEIGEL: -- at the time. And so the Board orders consideration to change what had been an absolute bar requiring a resignation to run. The Board direction and ultimate amendment of the ordinance, two years ago, provided for positions of none or no or low remuneration, a la, we noted that the Fire Board may pay up to about $4,000 a year and Mosquito Control Board very little. Page 281 May 22-23, 2007 We're talking now about a position such as Naples City Council, a council member on the CAC who would be running for re-election. The remuneration of a City Council position is, I believe, about four times that $4,000-figure. So the Board is having placed before it through Mr. Coyle the question of either to potentially direct the ordinance be amended to take away the requirement or raise the requirement relative to remuneration in office. Of course, in any event, the concept was originally that it just not be an opportunity to serve and -- while you're running at the same office. And obviously, the ordinance can be amended to follow any policy of the Board. MR. MUDD: Once again, Commissioner, ifthey are opposed, it makes no difference. CHAIRMAN COLETTA: Commissioner Coyle can bring this back at a regular meeting, rather than us trying to decide what he wants. It's nothing that timely that we can't wait for him to be here if he'd like to change this. MS. FILSON: If! might comment. I think what he's referring to is Councilman Sorey, who is on the Coastal Advisory Committee, and he's already become a candidate and he's running for -- COMMISSIONER HALAS: Yeah. Either way you draw the line? Yeah, when I was the president of the homeowners' association, I didn't get any money at all and I had to resign that presidency while I was -- when I decided to run for County Commission. So, and that was nothing that I was getting paid for. So I would hope that we would look at this, and have some concerns also that people would use that as a bully pulpit to some of their assignments on special advisory boards when they are an elected official, and then on a particular advisory commission, I would have some concerns about that also. CHAIRMAN COLETTA: Once again, Commissioner Coyle can Page 282 May 22-23,2007 always have these put on the agenda. COMMISSIONER HALAS: Right. CHAIRMAN COLETTA: Yes, and that's what I would suggest to see -- COMMISSIONER HALAS: That way you would have all the commissioners making all -- CHAIRMAN COLETTA: Anything else, Mr. Mudd? MR. MUDD: No, sir. CHAIRMAN COLETTA: Mr. Weigel? MR. WEIGEL: Many thoughts but nothing to say. CHAIRMAN COLETTA: Commissioner Henning? COMMISIONER HENNING: How are you doing? CHAIRMAN COLETTA: I'm doing great, sir. How are you doing? COMMISIONER HENNING: I've been doing some research, and I found an ordinance in 1979, maybe the first Comprehensive Plan that Collier County had, and what I find interesting is the Board in the '70s had the same concerns that we have today, being with growth and in particular affordable housing, which I found quite interesting. In there, they had -- in their Comprehensive Plan, they stated their concerns about the lack of affordable housing and moderate housing, made certain recommendations for policies that minimized review, encouraged greenhouses, and things of that nature. So just a little tidbit, or what my wife calls is "useless information. " CHAIRMAN COLETTA: Well, far from useless. I think history repeats itself over and over again. Hopefully we are better with it happening. COMMISSIONER HALAS: I think before the housing issue is starting to take their -- CHAIRMAN COLETTA: No. COMMISSIONER HALAS: When we look at what the prices of Page 283 May 22-23, 2007 homes are, if you look in the Naples Daily News on the weekends, it's amazing how the prices of homes have started to drop. And it's getting into the level of affordable housing, that we consider affordable housing, for some of the programs that we have. And I'm glad that it's taking care of itself. Yes, we still have some issues, but I'm telling you that it's getting closer to where it is getting more affordable for young couples who are getting married. They are stuck now in the low two thousands. So it's just coming down from where it was. Let's say a year or so ago, we were almost -- the average house was about $500,000, and of course, there was stuff on the other side of it; but you couldn't find anything for around $200,000. It was almost impossible. Now, it's starting to show up, so -- CHAIRMAN COLETTA: I see this as a long-term thing, and we're not going to have any concerns in the future. COMMISSIONER HALAS: It's not long-term, but I'm just letting people know out there that we are getting -- the affordable housing is happening, and of course, we had a large discussion, a long discussion yesterday in regard to a particular issue where a developer was supposed to be addressing three to five units because we gave him additional density bonuses, and we have other PUDs out there that haven't been addressed. So hopefully that if the market starts to ramp up again, then these developers will step forward and start hoping they'll start building affordable housing for our residents here. CHAIRMAN COLETTA: I think that's the best scenario event that might be taken. We've been through this fight. I've been in Naples since 1984 and in the building industry in both those years the prices are coming down, trying to provide housing on a level that's going to be able to meet the high point, the middle point and everything across. So I think we're still on target. I don't think we need to be able to say, okay, our problem's gone Page 284 May 22-23, 2007 away, the solutions in hand, we can all go home, the job is done. No, it's not. I don't think so. The problem is -- COMMISSIONER HALAS: I can bring that to -- what I was trying to convey. CHAIRMAN COLETTA: COMMISSIONER HALAS: No, no. I temporarily -- I'm just saying that there is people out there, if they are looking for homes, they need to start shopping in the Naples Daily News on the weekend, and I think they can find some affordable housing if they are renting and in the position where the would like to buy a home. CHAIRMAN COLETTA: If you're in the market for a $200,000 home, there is plenty of them out there right now. Thank you for that. Anything else, Commissioner Henning? We've got plenty of time for you. COMMISIONER HENNING: No. I'm going to walk out so you don't have a quorum. But I would imagine the next three decades we'll have the same issues. CHAIRMAN COLETTA: It's a sign that's been ongoing. You tackle the problem as best you can with what you have to work with. We're going to go to you. COMMISSIONER HALAS: No, I'm done. CHAIRMAN COLETTA: You know, I almost feel like I should give up my time because you gave up yours. COMMISSIONER HALAS: Second that. CHAIRMAN COLETTA: Tell you what, we're adjourned. Get out of here. ****Commissioner Coyle moved, seconded by Commissioner Halas and carried unanimously, that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 Page 285 May 22-23, 2007 RECORDING THE FINAL PLAT OF "AREZZO AT TUSCANY RESERVE" Item #16A2 - Continued to the June 1th BCC Meeting RECORDING THE FINAL PLAT OF "SILVER LAKES PHASE TWO-G" Item # 16A3 FINAL AND UNCONDITIONAL CONVEYANCE OF THE WATER FACILITY FOR FOREST GLEN , PARCEL 7 - W /RELEASE OF UTILITIES PERFORMANCE SECURITY Item #16A4 FINAL AND UNCONDITIONAL CONVEYANCE OF THE WATER FACILITY FOR FOREST GLEN , PARCEL 4 - W/RELEASE OF UTILITIES PERFORMANCE SECURITY Item # 16A5 RESOLUTION 2007-124: FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF "MEDITERRA UNIT ONE", THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV ATEL Y MAINTAINED - W/RELEASE OF MAINTENANCE SECUIRTY Item #16A6 Page 286 May 22-23, 2007 RESOLUTION 2007-125: FINAL APPROVAL OF THE ROADWAY (PRIV ATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF "SUMMIT PLACE IN NAPLES, PHASE I", THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV ATEL Y MAINTAINED - W/RELEASE OF MAINTENANCE SECURITY Item #16A7 FINAL AND UNCONDITIONAL CONVEYANCE OF THE WATER FACILITY FOR FOXFIRE CLUB HOUSE EXPANSION - W/RELEASE OF UTILITIES PERFORMANCE SECURITY Item # 16A8 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR MILANO, PHASE 1A - W/RELEASE OF UTILITIES PERFORMANCE SECURITY Item # 16A9 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR MILANO, PHASE 2A - W/RELEASE OF UTILITIES PERFORMANCE SECURITY Item #16A10 SETTLEMENT AGREEMENT PROVIDING FOR COMPROMISE AND RELEASE OF LIEN IN THE CODE ENFORCEMENT ACTION ENTITLED COLLIER COUNTY V JAMES KEISER AND SOUTHERN EXPOSURE OF NAPLES, INC., CASE NO. CEB 98- 005 - AS DETAILED IN THE EXECUTIVE SUMMARY Page 287 May 22-23,2007 Item #16A11 - Moved to Item #10Q Item #16B1 COLLIER METROPOLITAN PLANNING ORGANIZATION'S (MPO) OPERATING BUDGET FOR FY 2007/08, INCLUDING $10,221 COUNTY MATCH FOR FEDERAL HIGHWAY ADMINISTRATION PLANNING AND FEDERAL TRANSIT ADMINISTRATION SECTION 5303 GRANTS - AS DETAILED IN THE EXECUTIVE SUMMARY (BEGINNING JULY L 2007) Item #16B2 RESOLUTION 2007-126: LOCAL AGENCY PROGRAM AGREEMENT (LAP) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) IN WHICH COLLIER COUNTY WOULD BE REIMBURSED UP TO $306,205 OF THE TOTAL ESTIMATED COST OF $420,000 FOR THE DESIGN, CONSTRUCTION, ENGINEERING AND INSPECTION OF INTERSECTION IMPROVEMENTS AT THE INTERSECTION OF 111 TH (BLUEBILL) AND 8TH STREET (PROJECT 600741) Item #16B3 RESOLUTION 2007-127: AUTHORIZING THE SUBMISSION OF THE TRANSPORTATION DISADVANTAGED TRUST FUND TRIP/EQUIPMENT GRANT APPLICATION WITH THE FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED (CTD) ($608,398) - COLLIER COUNTY IS ELIGIBLE TO RECEIVE IN FY 07/08 AND IS REQUIRED TO MATCH AT 10% THROUGH PROJECT #314271 Page 288 May 22-23, 2007 Item # 16B4 PURCHASE OF TWO FIXED-ROUTE BUSES AS SCHEDULED REPLACEMENTS TO BE OPERATED BY COLLIER AREA TRANSIT - FROM THE GILLIG CORPORATION AT A TOTAL COST OF APPROXIMATELY $ 324,326 EACH W/DELIVERY FEBRUARY, 2008 Item #16B5 SUBMISSION OF A FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) PUBLIC TRANSIT SERVICE DEVELOPMENT GRANT PROJECT PROPOSAL REQUEST FOR 100% GRANT FUNDING IN THE AMOUNT OF $816,512 - TO PROVIDE TRANSIT CONNECTION SERVICE FORM CAT TO LEETRAN IN LEE COUNTY Item #16B6 BUDGET AMENDMENT RECOGNIZING AN ADDITIONAL $993,198 IN FEDERAL TRANSIT ADMINISTRATION GRANT SECTION 5307 FUNDS FOR FISCAL YEAR 06/07 - TO BE USED TO HELP FUND 07 CAPITAL EXPENSES INCLUDING THE PURCHASE AND RETROFITTING OF 2 CAT BUSES AND FOR GENERAL IMPROVEMENTS TO THE MORANDE SITE Item #16B7 PURCHASE OF 2.90 ACRES OF IMPROVED PROPERTY REQUIRED FOR ROAD RIGHT OF WAY FOR THE V ANDERBIL T BEACH ROAD EXTENSION PROJECT Page 289 May 22-23,2007 LOCATION -760 23rd STREET NW, NAPLES (PROJECT NO. 60168) (FISCAL IMPACT: $723,148.50) Item #16B8 ROAD AND BRIDGE DEPARTMENT OF THE TRANSPORTATION DIVISION TO SPRAY HERBICIDE ON VEGETATION IN THE BOTTOM OF A SW ALE/CANAL/DITCH THAT DRAINS APPROXIMATELY 1,000 ACRE BASIN THAT INCLUDES THE BOYNE SOUTH PUD, A PORTION OF US 41, AND SOME AGRICULTURAL PROPERTY NORTH AND SOUTH OF US 41 ($2,500) - PRIOR TO THIS YEAR'S RAINY SEASON SO THAT THE CAPACITY OF THE DITCH TO CONVEY WATER IS AT IT'S BEST Item #16B9 CHANGE ORDER NO.1 TO PROFESSIONAL SERVICE AGREEMENT NO. 05-3865 IN THE AMOUNT OF $503,793 WITH CH2MHILL, INC., FOR THE DESIGN OF COLLIER BOULEVARD ROAD IMPROVEMENTS FROM GOLDEN GATE BOULEVARD TO GOLDEN GATE MAIN CANAL, PROJECT NO. 68056 - TO PROVIDE FOR FINAL DESIGN AND PERMITTING FROM PINE RIDGE ROAD TO GREEN BLVD. Item #16C1 RECOMMENDATION TO APPROVE TWO BUDGET AMENDMENTS IN THE TOTAL AMOUNT OF $107,101 TO REALLOCATE BUDGETED FY07 PERSONNEL COSTS FROM THE PUBLIC UTILITIES ENGINEERING COST CENTER AND TRANSFER BUDGETED FY07 PERSONNEL COSTS FROM THE Page 290 May 22-23, 2007 SOLID WASTE DISPOSAL SCALE HOUSE OPERATIONS COST CENTER TO REFLECT THE TWO FTE TRANSFERS IN THIS FISCAL YEAR TO THE FINANCIAL OPERATIONS COST CENTER. Item # 16C2 SATISFACTION FOR A CERTAIN WATER AND/OR SEWER IMPACT FEE PAYMENT AGREEMENT. FISCAL IMPACT IS $18.50 TO RECORD THE SATISFACTION OF LIEN - FOLIO #68890920002 Item #16C3 RESOLUTION 2007-128: SATISFACTIONS OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $30.00 TO RECORD THE SATISFACTIONS OF LIEN - FOR THE FOLLOWING FOLIO'S: #66220760009 AND #56404920002 Item # 16C4 RESOLUTION 2007-129: 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 $50.00 TO RECORD THE SATISFACTIONS OF LIEN - FOR THE FOLLOWING FOLIO'S: #37749800000, Page 291 May 22-23, 2007 #63500880000,#66220760009,AND#74030640000 Item #16C5 RESOLUTION 2007-130: SATISFACTIONS OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $60.00 TO RECORD THE SATISFACTIONS OF LIEN _ FOR THE FOLLOWING FOLIO'S: #0057200002, #00338920001, #37749800000, #63500880000, AND #66220760009 Item # 16C6 RESOLUTION 2007-131: SATISFACTIONS OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $50.00 TO RECORD THE SATISFACTIONS OF LIEN - FOR THE FOLLOWING FOLIO'S: #00338920001, #37749800000, #63500880000 AND #66220760009 Item # 16C7 RESOLUTION 2007-132: 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. FISCAL IMPACT IS $80.00 TO RECORD THE_SATISFACTIONS OF LIEN Page 292 May 22-23, 2007 - FOR THE FOLLOWING FOLIO'S: #00338920001, #26735240009,#37749800000,#38398560004,#39326960002, #63500880000 AND 66220760009 Item #16C8 RESOLUTION 2007-133: 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 THE FOLLOWING FOLIO'S: #00338920001, #00739880009,#26735240009,#77163440006,#37749800000~ #38398560004,#63500880000, AND #66220760009 Item # 16C9 ASHBRITT ENVIRONMENTAL INC. (CONTRACT 05-3661) AND SOLID RESOURCES, INC. (CONTRACT 05-3831) AS THE INITIAL DEBRIS RECOVERY TEAM FOR COLLIER COUNTY'S 2007 HURRICANE SEASON DEBRIS REMOVAL AND MONITORING CONTRACTORS FOR OPERATIONAL READINESS - FOR DEBRIS CLEANUP IN THE RIGHT-OF- WAYS THROUGHOUT COLLIER COUNTY Item #16C10 RIGHTS OF ENTRY REQUIRED FOR THE REPLACEMENT AND REHABILITATION OF THE WATER DISTRIBUTION SYSTEM SERVING THE DALTON AND CYPRESS MOBILE HOME PARKS ON AUTO RANCH ROAD AT A RECORDING Page 293 May 22-23, 2007 COST NOT TO EXCEED $1,000, PROJECT 710101- TO REPLACE AND RE-ROUTE WATER SERVICE LINES AND METERS TO SERVE 36 LOTS Item #16D1 - Moved to Item #10S Item #16D2 - Moved to Item #10T Item #16D3 - Moved to Item #10U Item #16D4 - Moved to Item #10V Item #16D5 - Moved to Item #10W Item #16D6 - Moved to Item #10X Item #16D7 - Moved to Item #10Y Item #16D8 - Moved to Item #10Z Item #16D9 - Moved to Item #10AA Item #16D10 LEASE AGREEMENT WITH THE SCHOOL DISTRICT OF COLLIER COUNTY FOR THE CONTINUED USE OF PROPERTY ADJACENT TO EAST NAPLES COMMUNITY PARK WITH NO ANNUAL COST - A 10 YEAR LEASE FOR 6.4 ACRES FOR ADDITIONAL RECREATIONAL FACILITIES Item #16D11 - Moved to Item #10BB Page 294 May 22-23,2007 Item #16D12 SUBMISSION OF THE 2007 CONTINUUM OF CARE (COC) HOMELESS ASSISTANCE CONSOLIDATED GRANT APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), AND AUTHORIZE THE CHAIRMAN TO SIGN THE APPLICATION ON BEHALF OF COLLIER COUNTY AND THE BOARD OF COUNTY COMMISSIONERS ($443,645) - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D13 - Moved to Item #10CC Item #16E1 AWARD BID NO. 07-4110 "ON-CALL ROOFING CONTRACTOR SERVICES" TO CROWTHER ROOFING AND SHEET METAL OF FLORIDA, INC. AS PRIMARY, ADVANCED ROOFING, INC. AS SECONDARY AND GULF WESTERN ROOFING AND SHEET METAL, INC. AS THE THIRD VENDOR FOR ROOFING SERVICES (ANNUAL COST ESTIMATE $600,000) - FOR MAINTENANCE, REPAIR, AND REPLACEMENT OF ALL COUNTY BUILDING ROOFS AND ROOF ACCESSORIES Item # 16E2 AWARD RFP #07-4101 "ANNUAL CONTRACT FOR ADA SURVEYING AND ADA SPECIFIC ARCHITECTURAL DESIGN" TO CH2MHILL TO PROVIDE ACCESSIBILITY SURVEYS, CREATE A COUNTY ADA MASTER PLAN/TRANSITION PLAN, PROVIDING PROGRAMMING, Page 295 May 22-23, 2007 PROGRAM VERIFICATION, CONCEPTUAL AND SCHEMATIC DESIGNS AND OVERALL ADA DESIGN AND PLANNING CONSULTATION SERVICES ($100,000) Item # 16E3 AFTER-THE-FACT APPROVAL BY THE COUNTY MANAGER OF A CAP ABILITY SURVEY REQUESTED BY THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY THAT SUPPORTS THE SCHOOL DISTRICT'S GRANT APPLICATION FOR THE TOYOTA F AMIL Y LITERACY PROGRAM (TFLP) - FOR F AMIL Y LITERACY SERVICES TO BE DEVELOPED IN HISP ANIC/LA TINO COMMUNITIES Item #16E4 AGREEMENT FOR SALE AND PURCHASE WITH WILLIAM C. SCHERER AND IRENE K. SCHERER FOR 80.00 ACRES UNDER THE CONSER VA TION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $548,000 - LOCATED IN SECTION 30, TOWNSHIP 51 SOUTH, RANGE 27 EAST, WITHIN THE MCLL VANE MARSH AREA Item #16E5 PRICE ADJUSTMENT UNDER CONTRACT 05-3796 - "TRAFFIC SIGN MATERIALS AND RELATED ITEMS" - TO ALLOW FOR ALUMINUM PRICE INCREASES INCURRED BY THE AWARDED VENDOR MUNICIPAL SUPPLY AND SIGN COMPANY Item # 16E6 Page 296 May 22-23, 2007 AGREEMENT FOR SALE AND PURCHASE WITH JAMES L. PRICE, JR. FOR 20.00 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $141,200 - LOCATED IN SECTION 30, TOWNSHIP 51 SOUTH, RANGE 27 EAST - WITHIN THE MCLL VANE MARSH AREA Item #16E7 AGREEMENT FOR SALE AND PURCHASE WITH THOMAS J. CONNOLLY, SUCCESSOR TRUSTEE UNDER THE EDWARD L. CONNOLLY, JR. REVOCABLE TRUST AGREEMENT, DATED JUNE 16, 1993 FOR 70.00 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $480,200 - LOCATED IN SECTION 30, TOWNSHIP 51 SOUTH, RANGE 27 EAST - WITHIN THE MCLL VANE MARSH AREA Item # 16E8 AGREEMENT FOR SALE AND PURCHASE WITH RALPH A. CALO AND BARBARA CALO FOR 40.00 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $276,700 - LOCATED IN SECTION 29, TOWNSHIP 51 SOUTH, RANGE 27 EAST - WITHIN THE MCLL VANE MARSH AREA Item #16E9 AGREEMENT FOR SALE AND PURCHASE WITH ROBERT REED RIVERS, JR. AND KARL LEWIS PREDMORE FOR 19.54 Page 297 May 22-23,2007 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $139,500 - LOCATED IN SECTION 30, TOWNSHIP 51 SOUTH, RANGE 27 EAST - WITHIN THE MCLL VANE MARSH AREA Item #16E10 AMENDMENT TO THE COLLIER COUNTY DRIVER EDUCATION GRANT PROGRAM - AS DETAILED IN THE EXECUTIVE SUMMARY - TO FUND DRIVER EDUCATION IN PUBLIC AND NON-PUBLIC HIGH SCHOOLS Item #16E11 AMENDMENT NO. 02 TO THE AGREEMENT WITH COLLIER COUNTY DISTRICT SCHOOL BOARD FOR THE DRIVER EDUCATION GRANT PROGRAM - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16E12 AWARD RFP NO. 07-4100 "AIR FILTRATION SERVICES" TO KLEEN AIR RESEARCH, INC. IN AN ESTIMATED ANNUAL AMOUNT OF $153,000.00 - FOR AIR FILTRATION SERVICES AND SUPPLIES FOR ALL COUNTY BUILDINGS Item #16F1 MEMORANDUM OF UNDERSTANDING BETWEEN COLLIER COUNTY AND EMMANUEL LUTHERAN CHURCH OF COLLIER COUNTY - FOR EMERGENCY AND RELIEF SERVICES DURING PRESIDENTIALLY DECLARED & Page 298 May 22-23,2007 UNDECLARED DISASTERS Item #16F2 AMENDMENT TO THE CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR NCH HEAL THCARE SYSTEM FOR NON-EMERGENCY AMBULANCE SERVICE - FOR A CHANGE IN THE NUMBER OF AMBULANCES, NCH WILL OPERATE NO LESS THAN (1) ONE AND UP TO THREE (3) GROUND UNITS ON IMMEDIATE CALL AT ALL TIMES Item # 16F3 AFTER-THE-FACT SUBMITTAL OF ASSISTANCE TO FIREFIGHTERS GRANT APPLICATION TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR THE INST ALLA TION OF POWERED COMPUTER MOUNTING SYSTEMS, INCLUDING DOCKING STATIONS, TO PROVIDE MOBILE DATA TERMINAL CAP ABILITY IN EMERGENCY MEDICAL SERVICES' AMBULANCES AND COMMAND VEHICLES FOR A TOTAL OF $61,200 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16F4 OUTSOURCING OF EMERGENCY MEDICAL SERVICES (EMS) BILLING FUNCTIONS TO AUTOMATED DATA PROCESSING, INC. (AD PI) BY PIGGYBACKING ON THE SEMINOLE COUNTY AGREEMENT #RFP-0780-05/TRJ FOR AN ESTIMATED ADDITIONAL COST OF $273,019 IN FY 08, RESUL TING IN A PROJECTED INCREASE IN GROSS REVENUES OF $1,296,270 IN FY08 (THE FIRST FULL YEAR Page 299 May 22-23, 2007 OF IMPLEMENT A TION) - AS DETAILED IN THE EXECUTIVE SUMMARY - FOR MORE EFFICIENT AND EFFECTIVE COLLECTION PROSESSES Item #16F5 MEMORANDUM OF UNDERSTANDING BETWEEN COLLIER COUNTY AND MOORINGS PRESBYTERIAN CHURCH OF COLLIER COUNTY - FOR THE COORDINATION OF EMERGENCY AND RELIEF SERVICES DURING PRESIDENTIALL Y DECLARED AND UNDECLARED DISASTERS Item #16F6 BUDGET AMENDMENT OF $231,000.00 FROM RESERVES TO THE DEPARTMENT OF EMERGENCY MANAGEMENT TO SUPPORT THE PURCHASE OF SEVEN (7) PORTABLE GENERA TORS FROM GODWIN PUMPS OF AMERICA UNDER BID NUMBER (06-3953) TO IMPROVE THE DISASTER RESPONSE CAPABILITY FOR COLLIER COUNTY - TO PROVIDE TEMPORARY PORTABLE POWER FOR AT LEAST 50% OF DESIGNATED EVACUATION SHELTERS Item #16G1 - Moved to Item #10R and further Moved to Item #14B Item #16G2 COMMUNITY REDEVELOPMENT AGENCY TO APPROVE THE PURCHASE OF A VACANT RESIDENTIAL (MOBILE HOME) LOT IN THE BA YSHORE AREA OF THE CRA AS PART OF A CRA RESIDENTIAL INFILL PROJECT; APPROV AL FOR Page 300 May 22-23,2007 PAYMENT FROM AND AUTHORIZE THE CRA CHAIRMAN TO MAKE A DRAW FROM THE BA YSHORE GATEWAY TRIANGLE CRA W ACHOVIA BANK LINE OF CREDIT IN THE AMOUNT OF $110,250.00 PLUS COST AND EXPENSES TO COMPLETE THE SALE OF SUBJECT PROPERTY; AND APPROVE ANY AND ALL NECESSARY BUDGET AMENDMENTS. SITE ADDRESS: 4005 HARVEST COURT, NAPLES, FL 34112 Item #16G3 COMMUNITY REDEVELOPMENT AGENCY TO APPROVE THE PURCHASE OF A VACANT RESIDENTIAL (MOBILE HOME) LOT IN THE BA YSHORE AREA OF THE CRA AS PART OF A CRA RESIDENTIAL INFILL PROJECT; APPROVAL FOR PAYMENT FROM AND AUTHORIZE THE CRA CHAIRMAN TO MAKE A DRAW FROM THE BA YSHORE GA TEW A Y TRIANGLE CRA W ACHOVIA BANK LINE OF CREDIT IN THE AMOUNT OF $110,250.00 PLUS COST AND EXPENSES TO COMPLETE THE SALE OF SUBJECT PROPERTY; AND APPROVE ANY AND ALL NECESSARY BUDGET AMENDMENTS. SITE ADDRESS: 3991 HARVEST COURT, NAPLES, FL 34112 Item # 16G4 COMMUNITY REDEVELOPMENT AGENCY TO APPROVE THE PURCHASE OF A VACANT RESIDENTIAL (MOBILE HOME) LOT IN THE BA YSHORE AREA OF THE CRA AS PART OF A CRA RESIDENTIAL INFILL PROJECT; APPROV AL FOR PAYMENT FROM AND AUTHORIZE THE CRA CHAIRMAN TO MAKE A DRAW FROM THE BA YSHORE GATEWAY Page 301 May 22-23, 2007 TRIANGLE CRA W ACHOVIA BANK LINE OF CREDIT IN THE AMOUNT OF $114,500 PLUS COST AND EXPENSES TO COMPLETE THE SALE OF SUBJECT PROPERTY; AND APPROVE ANY AND ALL NECESSARY BUDGET AMENDMENTS. SITE ADDRESS: 3979 HARVEST COURT, NAPLES, FL 34112 Item # 16G5 COMMUNITY REDEVELOPMENT AGENCY TO APPROVE THE PURCHASE OF A RESIDENTIAL (MOBILE HOME) LOT AND TRAILER IN THE BA YSHORE AREA OF THE CRA AS PART OF A CRA RESIDENTIAL INFILL PROJECT; APPROVAL FOR PAYMENT FROM AND AUTHORIZE THE CRA CHAIRMAN TO MAKE A DRAW FROM THE BA YSHORE GA TEW A Y TRIANGLE CRA W ACHOVIA BANK LINE OF CREDIT IN THE AMOUNT OF $90,000 PLUS COST AND EXPENSES TO COMPLETE THE SALE OF SUBJECT PROPERTY; AND APPROVE ANY AND ALL NECESSARY BUDGET AMENDMENTS. SITE ADDRESS: 3032 VAN BUREN AVENUE, NAPLES, FLORIDA Item # 16G6 CRA BOARD TO APPROVE AN AGREEMENT LETTER ASSIGNING THE CURRENT LEASE FOR ADDITIONAL OFFICE SPACE FOR BA YSHORE GATEWAY TRIANGLE CRA OPERATIONS TO A NEW LOCATION WITHIN THE SAME COMMERCIAL BUILDING AT NO ADDITIONAL COST AND AUTHORIZE THE CRA CHAIRMAN TO SIGN - FOR ADDITIONAL SPACE AT 2740 BAYSHORE DRIVE, NAPLES, FLORIDA Page 302 May 22-23, 2007 Item #16H1 COMMISSIONER COLETTA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. COMMISSIONER PAID IN ADVANCE TO ATTEND THE FIFTH ANNUAL TOURISM WEEK CELEBRATION LUNCHEON ON MAY 16,2007 AND IS REQUESTING REIMBURSEMENT IN THE AMOUNT OF $30.00, TO BE PAID FROM HIS TRAVEL BUDGET - TO BE HELD AT THE RITZ-CARLTON GOLF RESORT IN NAPLES Item # 16H2 COMMISSIONER COLETTA'S REQUEST FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. COMMISSIONER PAID IN ADVANCE TO ATTEND THE AVE MARIA UNIVERISTY'S COMMENCEMENT CEREMONIES AND LUNCHEON AND IS REQUESTING REIMBURSEMENT IN THE AMOUNT OF $12.00, TO BE PAID FROM HIS TRAVEL BUDGET - HELD AT THE TIT AN AUDITORIUM AT GOLDEN GATE HIGH SCHOOL Item # 16H3 PROCLAMATION DESIGNATING MAY 25,2007 AS NATIONAL MISSING CHILDREN'S DAY TO ENCOURAGE ALL COMMUNITY MEMBERS TO TEACH A CHILD IMPORTANT, POSSIBLY LIFE-SAVING, SAFETY TIPS AS P ART OF THE CONTINUING EFFORTS IN COLLIER COUNTY TO PREVENT ABDUCTION AND SEXUAL EXPLOITATION OF CHILDREN. TO BE MAILED TO MS. KATHLEEN CURATOLO, Page 303 May 22-23,2007 EXECUTIVE DIRECTOR, NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN, COLLIER COUNTY - ADOPTED Item #16H4 PROCLAMATION DESIGNATING MAY 20 - MAY 26, 2007 AS COLLIER COUNTY EMERGENCY MEDICAL SERVICES WEEK. TO BE SENT TO JEFF PAGE, CHIEF, COLLIER COUNTY EMS - ADOPTED Item # 16H5 PROCLAMATION TO DESIGNATING MAY 2007 AS MENTAL HEALTH AWARENESS MONTH. TO BE SENT TO MS. PETRA JONES, EXECUTIVE DIRECTOR, THE MENTAL HEALTH ASSOCIATION OF SOUTHWEST FLORIDA - ADOPTED Item #16H6 PROCLAMATION DESIGNATING MAY 21,2007 TO MAY 25, 2007 AS IMMOKALEE FOUNDATION WEEK. TO BE MAILED TO THE IMMOKALEE FOUNDATION - ADOPTED Item # 16I1 MISCELLANEOUS CORRESPONDENCE - NONE RECEIVED Item # 16J1 DISBURSEMENTS FOR THE PERIOD OF APRIL 28, 2007 THROUGH MAY 04, 2007 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Page 304 May 22-23,2007 Item # 16J2 DISBURSEMENTS FOR THE PERIOD OF MAY 05, 2007 THROUGH MAY 11, 2007 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #1613 BOARD OF COUNTY COMMISSIONERS SERVE AS THE LOCAL COORDINATING UNIT OF GOVERNMENT IN THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT'S FISCAL YEAR 2008 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AND DESIGNATES THE SHERIFF AS THE OFFICIAL APPLICANT, SHERIFF'S OFFICE STAFF AS GRANT FINANCIAL AND PROGRAM MANAGERS, APPROVE THE GRANT APPLICATION WHEN COMPLETED, AND AUTHORIZE ACCEPTANCE OF AWARDS AND ASSOCIATED BUDGET AMENDMENTS - FISCAL YEAR 2008 ALLOCATION IS $171,689 USED FOR THE CHILD ABUSE/ SEXUAL PREDATOR PROGRAM Item #16J4 DESIGNATING THE SHERIFF AS THE OFFICIAL FISCAL YEAR 2007 APPLICANT AND PROGRAM POINT-OF- CONTACT FOR THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM, ACCEPT THE GRANT WHEN AWARDED, AND APPROVE APPLICABLE BUDGET AMENDMENTS - THE POTENTIAL $127,567 AWARD OF FUNDS WILL BE USED FOR Page 305 May 22-23,2007 LAW ENFORCEMENT OFFICER OVERTIME & BENEFITS Item #16J5 RESOLUTION 2007-134: BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND EMBARQ TELEPHONE COMPANY OF FLORIDA - ALLOWING EMBARQ TO COLLECT A FEE AT $.50 PER MONTH PER ACCESS LINE TO FUND ENHANCED 911 SYSTEM FOR FY 07/08 Item #16J6 REPORT TO THE BOARD OF COUNTY COMMISSIONERS REGARDING THE DISPOSITION OF ASSETS NO LONGER DEEMED TO SERVE A USEFUL FUNCTION OR TO HAVE A COMMERCIAL VALUE - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16K1 JUDGMENT IN THE AMOUNT OF $32,100 AS TO PARCEL 163 IN THE LAWSUIT STYLED COLLIER COUNTY V THOMAS F. SALZMANN, ET AL., CASE NO. 03-2550-CA (GOLDEN GATE P ARKW A Y PROJECT NO. 60027) (FISCAL IMPACT $7,446.00) Item #16K2 MEDIA TED SETTLEMENT AGREEMENT AND A STIPULATED FINAL JUDGMENT TO BE DRAFTED INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIA TED SETTLEMENT AGREEMENT IN THE AMOUNT OF $165,000.00 FOR THE ACQUISITION OF Page 306 May 22-23, 2007 PARCELS 112 AND 712 IN THE LAWSUIT STYLED COLLIER COUNTY V RAYMOND A. MCCAULEY, ET AL., CASE NO. 05- 0633-CA (COUNTY ROAD 951 PROJECT NO. 65061) (FISCAL IMPACT: $104,600.00) Item # 16K3 STIPULATED FINAL JUDGMENT AS TO PARCEL 101 IN THE LAWSUIT STYLED COLLIER COUNTY V ROBERTO BOLLT, SUCCESSOR TRUSTEE, UNDER LAND TRUST AGREEMENT DATED 1/27/86, ET AL., CASE NO. 00-2433-CA (RANDALL BOULEV ARD/IMMOKALEE ROAD INTERSECTION) PROJECT #60171 (FISCAL IMPACT: NONE) Item #17A RESOLUTION 2007-135: A VPLAT-2007-AR-11489, DISCLAIMING, RENOUNCING, AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A COMBINED LAKE MAINTENANCE EASEMENT, DRAINAGE EASEMENT, AND IRRIGATION EASEMENT LYING OVER TRACT "B", PRESTWICK PLACE, A SUBDIVISION AS RECORDED IN PLAT BOOK 46, PAGES 9 THROUGH 14 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN SECTION 28, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE P ARTICULARL Y DESCRIBED IN EXHIBIT "A" Item #17B - Continued to June 12,2007 PETITION: CU-2006-AR-9458, SILVER STRAND III Page 307 May 22-23, 2007 PARTNERSHIP, REPRESENTED BY GEORGE L. VARNADOE, ESQUIRE, OF CHEFFY, PASSIDOMO, WILSON & JOHNSON, LLP AND FRED REISCHL, AICP, OF AGNOLI, BARBER & BRUNDAGE, INC., REQUESTING A CONDITIONAL USE FOR RINKER CONCRETE PLANT AT SILVER STRAND IN THE RURAL AGRICULTURAL WITH AN MOBILE HOME OVERLAY (A-MHO) ZONING DISTRICT. THE SUBJECT PROPERTY, CONSISTING OF 14.74:1: ACRES, IS LOCATED APPROXIMATELY 1,300 FEET SOUTH OF STOCKADE ROAD ON THE EAST SIDE OF IMMOKALEE ROAD (CR 846), IN SECTION 15, TOWNSHIP 47 SOUTH, RANGE 29 EAST, IMMOKALEE, COLLIER COUNTY, FLORIDA Item #17C RESOLUTION 2007-137: CU-05-AR-8900, RICHARD D. YOV ANOVICH REPRESENTING PAUL AND RUTH WILLIAMS REQUESTING APPROVAL OF A CONDITIONAL USE (CU) FOR AN EXISTING STABLING FACILITY IN THE AGRICULTURAL (A) ZONING DISTRICT, AS SPECIFIED IN SECTION 2.04.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) - LOCATED AT 256 ROSE APPLE LANE, NAPLES, FLORIDA Item # 17D RESOLUTION 2007-138: CU-2006-AR-11034 (NG) NAPLES BRIDGE CENTER, INC., REPRESENTED BY JOSS NAGEON DE LESTANG, P.E., OF GULFSHORE ENGINEERING, INC., REQUESTING A CONDITIONAL USE OF ESTATES (E) ZONING DISTRICT PURSUANT TO TABLE 2, SECTION 2.04.03 OF THE LAND DEVELOPMENT CODE (LDC). THE 2.5:1: ACRE Page 308 May 22-23, 2007 ESTATE ZONED SITE WAS ORIGINALLY APPROVED UNDER CONDITIONAL USE RESOLUTION 94-424 ON JUNE 14, 1994, FOR A SOCIAL ORGANIZATION CONSISTING OF A 3,500 SQUARE FOOT BUILDING AND A PARKING LOT OF 83 PARKING SPACES. THE PROPOSAL IS FOR AN EXPANSION TO PERMIT AN ADDITIONAL 3,500 SQUARE FEET OF FLOOR AREA AND AN ADDITIONAL 49 PARKING SPACES. THE SUBJECT PROPERTY IS LOCATED AT 5865 GOLDEN GATE PARKWAY, IN GOLDEN GATE ESTATES UNIT 30, SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA Page 309 May 22-23,2007 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :00 a.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~~ JIM WL , Chairman A TTESTt'." "_ DWIGHT E. ?RI;lCK, CLERK ~C'1~i\!'~~ ~ Attest. uti) eha I run , s1gnature o(lf'Il. These minutes appro~y the Board on Co (d...6t()~ , as presented , ~ or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS AND KA YE GRAY. Page 310