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BCC Minutes 09/25/2007 R September 25, 2007 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, September 25,2007 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board( s) of such special district as has been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Jim Coletta T om Henning Frank Halas Fred W. Coyle Donna Fiala ALSO PRESENT: Jim Mudd, County Manager David Weigel, County Attorney Crystal Kinzel, Office of the Clerk of Court Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) '-O~'\ 1/,..;- " ~ " .~ (. ..... )1 ,,\ AGENDA September 25, 2007 9:00 AM Jim Coletta, BCC Chairman, District 5; CRAB Vice-Chairman Tom Henning, BCC Vice- Chairman, District 3 Donna Fiala, BCC Commissioner, District 1; CRAB Chairman Frank Halas, BCC Commissioner, District 2 Fred W. Coyle, BCC Commissioner, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE 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 September 25,2007 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 CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE A V AILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees B. 25 Year Attendees 1) David Streit, Utility Billing C. 30 Year Attendees D. 35 Year Attendees E. Advisory Committee Service Awards 4. PROCLAMATIONS Page 2 September 25, 2007 A. Proclamation for the Summer Food Service Program to be accepted by Jim Thomas, Parks and Recreation Department. B. Proclamation for International Walk to School Day 10-3-07 to be received by: David Buchheit, President, Community Traffic Safety Team and Project Planner for Transportation Planning Dept. Russ Muller, Engineer, Engineering Services Department and Community Traffic Safety Team (CTST) Member Nancy Frye, CTST Secretary/Coordinator & Traffic Operations Engineering Technician Sybil John, Health Educator for Nutrition and Fitness Jeff Stauring, Collier County Schools Transportation Director Charles Benson, Collier County Schools Safety Manager Silvia Monzo, Collier County Schools Safety Manager Joe Bonness, Collier Metropolitan Planning Organization's Pathways Advisory Committee Chairman & Community Traffic Safety Team Member 5. PRESENTATIONS A. AP AC Road Contractor to present status on the Immokalee Road expansion and improvements from Collier Boulevard to Shady Hollow. Construct 6 miles of six lanes, divided highway and 2 miles of four lanes. 6. PUBLIC PETITIONS A. Public petition request by Kenneth Pekel to discuss private improved property within the Big Cypress National Preserves. B. Public petition request by Jeff Moscardelli to discuss The Picayune Strand South Belle Meade Water Management District. C. Public petition request by Jim Kramer to discuss adding language to contracts with County-hired companies. Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Petition: CU-2004-AR- 6904 Mining Venture, LLC., represented by R. Bruce Anderson of Roetzel Page 3 September 25,2007 & Andress, is requesting a conditional use allowed per LDC Section 2.04.03, Table 2 of the A-MHO Agricultural zoning district for Earthmining. The subject property, consisting of 2,576 acres, is located east of lmmokalee Road, approximately 2 miles north of Oil Well Road. The subject property is located within Sections 35 & 36, Township 47 South, Range 27 East; and all of Section I and 2, Township 48 South, Range 27 East, Less Road Right-of- Way for County Road 846 (Immokalee Road), Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS A. CPSP-2007-6, Petition requesting an amendment to the Potable Water Sub- Element of the Public Facilities Element, to add reference in Policy 1.7 to the proposed Ten-year Water Supply Facilities Work Plan." 9. BOARD OF COUNTY COMMISSIONERS A. Recommendation to accept a proposed Settlement Agreement between the Coconut River Estates Civic Association and Collier County providing for resolution of the pending Code Enforcement Case No. 2007020584. B. Appointment of members to the East of 951 Infrastructure and Services Horizon Study Public Participation Master Plan Committee. C. Appointment of members to the Collier County Planning Commission. D. The Annual Performance Appraisal for the Executive Manager to the BCC. E. Discussion regarding Collier County to take over the direction of the Collier County Housing Authority and become involved in the primary functions of the Authority. (Commissioner Henning) F. The Annual Performance Appraisal for the County Manager. 10. COUNTY MANAGER'S REPORT A. Review and approve the FY2008 Annual Work Plan for the County Manager. Page 4 September 25, 2007 B. Advisement of the Board of County Commissioners concerning a change in Florida Statutes regarding the use of All Terrain Vehicles (A TVs) on unpaved county roads. (Bob Tipton, Traffic Operations Director) C. Recommendation to adopt a superseding resolution authorizing the condemnation of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the four-lane and six-lane expansion of Oil Well Road from Immokalee Road to Camp Keais Road. (Project No. 60044). Estimated fiscal impact: $12,780,000.00 (Jay Ahmad, Transportation/ECM Director) D. Consideration of an amplified music permit for a commercial establishment known as Stevie Tomato's Sportspage Restaurant and Sports Grill located at the southwest corner of County Road 951 and Immokalee Road and consideration for a Land Development Code requirement for annual Temporary Use Permits for outdoor serving areas (Joseph K. Schmitt, Administrator, Community Development & Environmental Services Division) E. Recommendation to approve Work Order URS-FT-3657-07-11 with URS Corporation Southern (URS) for a total cost not to exceed $825,250 with a first phase cost of $198,840 to provide Project Management and Oversight services for the development of Watershed Management Plans required by the Growth Management Plan(Bill Lorenz, Natural Resources Director) F. Recommendation that the Board of County Commissioners authorize the Chairman to sign an agreement with the Agency for Health Care Administration for $2,855,126 to participate in the Medicaid Low Income Pool Program for services provided on behalf of the Housing and Human Services Department in order to generate an additional $571,025 in Federal matching funds. (Marcy Krumbine, Housing and Human Services Director) G. Recommendation that the Board of County Commissioners of Collier County, Florida approve a Charitable Organization Impact Fee Deferral in the amount of$79,303.77 for Fun Time Early Childhood Academy, Incorporated. (Amy Patterson, Impact Fee Manager and Jeff Klatzkow, Assistant County Attorney) Page 5 September 25, 2007 H. Staff Request for Direction to Add to the 2005 Cycle of Growth Management Plan Amendments, at Adoption Public Hearings, a Proposed Amendment to the Wellhead Protection Areas and Proposed Wellfields and ASRs Map. (David Weeks, Comprehensive Planning Manager) I. Recommendation to approve the purchase of Liability, Automobile, Workers Compensation, Flood, Aircraft, and other insurance and related services for FY 2008 in the amount of$2,127,861. (Jeff Walker, Risk Management Director) J. Recommendation to approve an Agreement between Collier County and Dr. Marta U. Coburn, M.D., Florida District Twenty Medical Examiner dba District Twenty Medical Examiner, Inc. to provide medical examiner services for Fiscal Year 2008 at a cost of $1 ,072, 1 00. (Dan Summers, Bureau of Emergency Management Director) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. Recommendation for the Board to Approve Interlocal Service Boundary Agreement with the City of Naples and East Naples Fire Control and Rescue District for purposes of providing services to the Collier Park of Commerce following annexation of that area by the City of Naples. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. This item to be heard after 3:00 p.m. Community Redevelopment Agency FY2007 annual performance appraisal review for the Bayshore Gateway Triangle Executive Director and determine the FY2007 Merit Pay Award for lump sum payment from the FY2008 budget. B. This item to be heard after 3:00 p.m. Recommendation for the Collier County Community Redevelopment Agency (CRA) to approve a closing date extension to a purchase contract for certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency and authorize the CRA Chairman to sign the extension. Page 6 September 25, 2007 C. This item to be heard after 3:00 p.m. Recommendation for the Collier County Community Redevelopment Agency (CRA) to approve a Request for Proposals (RFP) scope of work to sell CRA owned land; approve the Executive Director to advertise the RFP through the County Purchasing Department and return with recommendations. 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve final acceptance of the water utility facility for Big Cypress Elementary School. 2) Recommendation to approve the Release and Satisfactions of Lien for payments received for Code Enforcement actions. 3) Recommendation to approve the Release and Satisfactions of Lien for payments received for Code Enforcement actions. 4) Recommendation to approve an Intergovernmental Agreement for enhanced environmental resources permitting with the State of Florida Department of Environmental Protection, South District Office 5) Recommendation to approve final acceptance of the water and sewer utility facilities for Jasmine Lake Replat 6) To accept final and unconditional conveyance of the water utility facility for Cypress Woods Basin 6-Plex 7) To accept final and unconditional conveyance of the water utility facility for Cypress Trace 8) To accept final and unconditional conveyance of the water utility facility for Artisan Guild Annex Page 7 September 25, 2007 9) Recommendation to approve final acceptance of the water and sewer utility facilities for Calusa Park Elementary School 10) Recommendation to approve final acceptance of the water and sewer utility facilities for Charlee Estates, Phase 1 11) Recommendation to approve final acceptance of the water and sewer utility facilities for Charlee Estates, Phase 2 12) This item requires that ex parte disclosure be provided bv Commission Members. Should a hearinl! be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Hibiscus Golf Course 13) Recommendation to approve final acceptance of the water and sewer utility facilities for Bradford Lakes 14) Recommendation to approve final acceptance of the water and sewer utility facilities for Eckerds East Naples 15) Recommendation to approve final acceptance of the water and utility facilities for Golden Gate High School/Access Road 16) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Laurel Lakes Phase One at Laurelwood, a P.U.D., the roadway and drainage improvements will be privately maintained. 17) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Laurel Lakes Phase Two at Laurelwood, a P.U.D., the roadway and drainage improvements will be privately maintained. 18) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Laurel Lakes Phase Three at Laurelwood, a P.U.D., the roadway and drainage improvements will be privately maintained. Page 8 September 25, 2007 19) Recommendation that the Board of County Commissioners (BCC) approve the offsite removal of up to 75,000 cubic yards of excess fill stockpiled in three locations throughout Lely Resort. The three stockpile areas total 75,000 cubic yards of materials per the contractor. The stockpiles are located in Moorgate Point (folio number 60590000084),01 (folio 55440009001) and Prestwick place stockpile area (folio 00432200009 and 00438800005). The excess fill is a result of previously approved development and lake excavation within Lely Resort and the material is not tied to any current excavations 20) Recommendation to award Bid #07-4050R -- Demolition of Commercial/Residential Structures to Cross Environmental Services, Inc. as the primary contract. In addition, to award Gruelle Construction, Inc. as the secondary contract with estimated annual expenditure of $80,000.00. 21) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Forest Park Phase III, the roadway and drainage improvements will be privately maintained. B. TRANSPORTATION SERVICES 1) Recommendation to award Contract(s) #07-4112, Annual Contract for Subsurface Utility Designating and Locating Services to the following firms: George F. Young, Inc., TBE Group, Inc. and RWA, Inc. Estimated annual contract amount is $500,000. 2) Recommendation to approve a resolution indicating the Collier County Board of County Commissioners desire to be re-designated as the Community Transportation Coordinator (CTC) for Collier County and requesting the Collier Metropolitan Planning Organization (Collier MPO) recommend it be so re-designated to the Florida Commission for the Transportation Disadvantaged. 3) Recommendation for the Board of County Commissioners to approve a budget amendment to recognize additional revenue for Various Projects within the Transportation Supported Gas Tax Fund (313) in the amount of$292,890.88 for Project No(s). 60085, 69124, and 60066. Page 9 September 25, 2007 4) Recommendation to approve a Developers Contribution Agreement with MAC Builders, Inc. (Developer) and Collier County (County) to design, permit and construct the intersection improvements on US41 and Barefoot Williams Road (Project). 5) Recommendation to approve a Resolution authorizing implementation of school zone speed limit reductions to 20 MPH during school arrival and dismissal hours as indicated by flashing beacons and signs on Texas Avenue at a cost of$13,000. 6) Presentation of an additional paratransit operator selected by McDonald Transit Management, Inc., operating as Collier Transit Management, Inc., d/b/a! Collier Area Transit (CAT) for approval by the Collier County Board of Commissioners. 7) Recommedation to award Bid #07-4184 "Goodlette-Frank Road (GGPkwy. to PRR) Annual Maintenance" to Green Heron Landscapes, Inc. in the amount of $58,000.00. 8) Recommendation to approve Change Order #1, to Professional Services Agreement No. 05-3835 in the amount of $224,261.00 for additional engineering services to be provided by Agnoli, Barber & Brundage, Inc., for design and permitting services for the six-Ianing of Santa Barbara Boulevard Extension from Rattlesnake Hammock Road to Davis Boulevard, Project No. 60091. 9) Recommendation to award Bid No. 07-4178 - St. Andrews Boulevard Stormwater Improvements to Quality Enterprises USA, Inc. in the amount of $175,468.75; Project 511401 10) Recommendation to approve Request for Proposal RFP #07-4199, to be posted to solicit bids for Construction Manager at Risk services for capacity improvements to Oil Well Road. Project 60044. 11) Approve the purchase of improved property (Parcel No. 153) which is required for the construction of the Vanderbilt Beach Road Extension project. Project No. 60168 (Fiscal Impact: $625,662.00) 12) Recommendation to approve Professional Service Agreement No. 07- 4133 for engineering design and permitting services to be provided by Page 10 September 25, 2007 P.B. Americas Inc. for the Immokalee Road Multi-intersection Improvements. The amount to be compensated is five hundred and four thousand, three hundred and ninety seven dollars ($504,397.00) 13) Recommendation to award Bid No. 07-4115R US 41 (Tamiami Trail) & SR 84 (Davis Blvd.) Roadway Lighting Maintenance Contract to Southern Signal & Lighting Inc. 14) Recommendation to award Bid No. 07-4137 Installation and Maintenance of Roadway Lighting, Fixed Term Contract to Southern Signal & Lighting Inc. 15) Recommendation for approval of a Resolution authorizing a six percent (6%) rate increase for the subcontractors providing paratransit services for McDonald Transit Management, Inc. d/b/a Collier Area Transit ("CAT") 16) Recommedation to award Bid #07-4185 "US 41 (Tamiami Trial) East (Rattlesnake Hammock Rd. to Collier Blvd.) Annual Maintenance" to Vila & Son Landscaping in the amount of$339,542.80. C. PUBLIC UTILITIES 1) Recommendation to approve, execute and record Satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $28.50 to record the Satisfactions of Lien. 2) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1991, 1992,1993,1994,1995, and 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $288.50 to record the Satisfactions of Lien. 3) Recommendation to convey a Utility Easement to the Water-Sewer District for five public water supply well sites, associated pipelines, and access on property owned by Collier County on Shady Hollow Boulevard at an estimated cost not to exceed $7,127, Project Number 70908. Page 11 September 25,2007 4) Recommendation to approve a Fourth Amendment to Lease Agreement with the City of Naples Airport Authority to extend the lease term for the Naples Transfer Station property at a first year annual rent of $42,261. 5) Recommendation to approve Change Order 3 to Agreement 06-3939 for Program Management and Oversight Services with Malcolm Pirnie Inc., in the amount of$473,678, for services related to the Northeast Facility Program Project 75012. D. PUBLIC SERVICES 1) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing for Community Development Block Grant (CDBG) funding in the amount of $1 00,000 to Youth Haven, Inc., to provide crisis intervention and prevention services for at-risk families with young children in Collier County. 2) Recommendation to approve and authorize Chairman to sign an Interlocal Agreement with The School District of Collier County whereby the County will make improvements through a temporary construction easement and reimburse the School District $12,000 for design of the project. 3) Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, a Subrecipient Agreement providing a grant for Emergency Shelter Grant (ESG) in the amount of $98,0 12 to The Immokalee Friendship House for essential services and operational and administrative costs. 4) Recommendation to approve Naples Wholesale Bait as a sole source supplier of live bait for resale at Caxambas Park and Cocohatchee River Park Marina with an estimated Fiscal Year 2008 expenditure of approximately $125,000, and approve a seven day payment schedule 5) Recommendation that the Board of County Commissioners authorize the Chairman to sign an agreement with the Agency for Health Care Administration in the amount of $151 ,095 to be used as the local Page 12 September 25, 2007 government match for State and Federal funding to operate the Horizons Primary Care Clinic. 6) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing a Community Development Block Grant in the amount of $608,575.00 to Immokalee Non-Profit Housing, Inc., for renovations to the Sanders Pines and Timber Ridge rental apartment complexes in Immokalee. 7) Recommendation to approve Collier Countys Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 2006- 2007 as required by the U.S. Department of Housing and Urban Development (HUD), and authorize the Chairman of the Board of County Commissioners to certify the CAPER for submission to HUD. 8) Recommendation to approve a Residential License Agreement for Sugden Regional Park with no annual income. 9) Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, a Subrecipient Agreement providing a State Housing Initiative Program (SHIP) grant in the amount of $22,200 to The Empowerment Alliance of SW Florida (EASF) for Homebuyer Counseling to low and moderate income households in Eastern Collier County. This program will consist of homebuyer education and one-to-one counseling for potential new homebuyers. 10) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Eagle Ridge Subdivision, LLC (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 2, Milagro Place. 11) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Eagle Ridge Subdivision, LLC (Developer) for deferral of 100% of Collier Page 13 September 25, 2007 County impact fees for an owner-occupied affordable housing unit located at Lot 8, Milagro Place. 12) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Marco Bay Homes, LLC (Builder) and Rachid M. Alaoui (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at West 75 of the West 150 of Tract 94, Golden Gate Estates, Unit 70. 13) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing for Community Development Block Grant (CDBG) funding in the amount of$357,750 to the Collier County Housing Authority for public improvements and exterior rehabilitation to housing units at Farm Worker Village and Horizon Village, consisting of installation of approximately 42 street lights and replacement of approximately 47 roofs. 14) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement providing a grant for Home Investment Partnership Program (HOME) funding in the amount of$330,000 to the Collier County Housing Authority for Tenant Based Rental Assistance (TBRA); Funding will provide forty six families with rental and utility assistance. 15) Recommendation to accept the Library Long Range and Technology Plans and the current year Action Plan and authorize the Chairman to sign the FY 2007-2008 State Aid to Libraries Grant Application permitting the Collier County Public Library to apply for State Aid to Libraries. 16) Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, an amended CDBG Subrecipient Agreement with Immokalee Non-Profit Housing Corporation, Inc. to adjust the construction timeline and budget for a community center, to be located in Immokalee. 17) Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Subrecipient Agreement Page 14 September 25, 2007 providing for Community Development Block Grant (CDBG) funding in the amount of$59,001 to The Empowerment Alliance ofSW Florida (EASF) for installation of infrastructure consisting of paving, street lighting and landscaping for a project known as Hatchers Preserve. EASF will construct fifteen (15) single-family affordable housing units to benefit low and moderate income households in Immokalee. 18) Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, a Subrecipient Agreement providing a State Housing Initiative Program (SHIP) grant in the amount of$35,000 to The Collier County Housing Development Corporation (CCHDC) for Homebuyer Counseling to low and moderate income households in Collier County. This program will consist of home buyer education and one-to-one counseling for potential new homebuyers. E. ADMINISTRATIVE SERVICES 1) Recommendation to approve a budget amendment to Fund 517, Group Health and Life Insurance to pay anticipated claims expenses for the remainder of Fiscal Year 2007 in the amount of$955,400. 2) Recommendation to approve a First Amendment to Lease Agreement with Congressman Mario Diaz-Balart for the continued use of County-owned office space for an annual income of$IO. 3) Recommendation to approve an Agreement for Sale and Purchase with RJS, L.L.C. for 30.00 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $208,800. 4) Recommendation to approve a Budget Amendment to recognize and appropriate Building Maintenance Special Service revenues totaling $23,971 for reimbursement of personal and operating expenses in Fiscal Year 2007 5) Recommendation to approve an Interim Management Plan for the RR Land Trust property under the Conservation Collier Land Acquisition Program; first year cost $100,250; annual costs $10,000. Page 15 September 25, 2007 6) Recommendation that the Board of County Commissioners approves award of Bid #07-4180 Gasoline & Diesel Fuel to Evans Oil Company, in an estimated annual amount of $3,000,000. 7) Approve Deductive Change Order No.6 in the amount of ($689,000.00) for direct purchase of materials for the Construction Manager at Risk for the Emergency Services Complex, Contract No. 04-3609. 8) Recommendation to approve and execute an Amendment to Agreement to provide the Big Corkscrew Island Fire Control and Rescue District $32,023 from the GAC Land Trust Fund for the purchase of a new cab and chassis for the lightweight brush patrollrescue vehicle, which is the balance after the trade-in value of $5,500 is applied to the purchase price. 9) Recommendation to approve an Interim Management Plan for the Oetting property under the Conservation Collier Land Acquisition Program; first year cost $9,600; annual cost $1,000. F. COUNTY MANAGER 1) Approve Budget Amendments 2) Recommend Approval of three (3) Tourist Development Category B Sponsorship Marketing Grant Applications and corresponding Tourism Agreements with the Friends of Rookery Bay, Inc. ($25,000), United Arts Council of Collier County, Inc. ($21,500) and the Conservancy of Southwest Florida, Inc. ($32,000) for a total of $78,500. 3) Recommend Approval of five (5)Tourist Development C-2 Grant Applications and corresponding Tourism Agreements with the Marco Island Historical Society, Inc. ($125,000), Naples Art Association ($50,000), Naples Botanical Garden, Inc. ($110,000), Naples Zoo, Inc. ($121,000), and Southwest Florida Holocaust Museum, Inc. ($100,000) for a total of $506,000. Page 16 September 25, 2007 4) Recommendation to award Bid # 07-4108R to multiple vendors for EMS Uniforms for an annual cost of approximately $60,000 for FY 08. 5) Recommend approval of the award of RFP #07-4165 and corresponding agreement between Collier County and Phase V of Southwest Florida, Inc. for Tourism Fulfillment Services. 6) Recommend approval of the award ofRFP #07-4169 and corresponding agreement between Collier County and Research Data Services, Inc. for Tourism Research Services. 7) Recommend Approval of a Resolution authorizing the Tourism Department to utilize Emergency Advertising Funds in the event of a disaster. 8) Recommendation that the Board approves prepayment of the Caribbean Gardens Commercial Paper Loan in the amount of $1,565,000. 9) Recommendation that the Board approves prepayment of the Vanderbilt Beach Parking Garage Commercial Paper Loan in the amount of $6,400,000. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Community Redevelopment Agency (CRA) approve Local Advisory Board members and three CRA staff attendance at Florida Redevelopment Association 2007 Annual Conference; authorize payment of attendees registration, lodging, travel and per diem from the Bayshore Gateway Triangle Trust Fund (Fund 187) travel budget; and declare the training received as serving a valid public purpose 2) To approve and execute a Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency (CRA) and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area (2613 Lakeview Drive). Page 17 September 25, 2007 H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the Southwest Florida Economic Development Luncheon Forum, entitled, "Gauging the Global, National and Regional Economy", on Thursday, October 18,2007, at the Harborside Event Center in Ft. Myers, Florida. $75.00 to be paid from Commissioner Halas' travel budget. 2) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the Blue Chip Recognition Breakfast on Thursday, November 8, 2007 at the Hilton Naples & Towers. $10.00 to be paid from Commissioner Halas' travel budget. 3) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending United Way's 50th Anniversary Celebration on Saturday, October 13,2007 at The Hilton Naples. $103.90 to be paid from Commissioner Halas' travel budget. 4) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the Collier County Bar Association Second District Court of Appeal Dinner on Thursday, October 4, 2007 at The Port Royal Club, Naples; $60.00 to be paid from Commissioner Fiala's travel budget. 5) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the NAACP 25th Annual Freedom Fund Dinner on Saturday, September 29,2007, at the Naples Hilton & Towers; $75.00 to be paid from Commissioner Fiala's travel budget. 6) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the United Way's 50 Years Serving Collier County Dinner on Saturday, October 13,2007, at the Naples Hilton & Towers; $103.90 to be paid from Commissioner Fiala's travel budget. Page 18 September 25,2007 7) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the Blue Chip Recognition Breakfast on Thursday, November 8, 2007, at the Naples Hilton & Towers; $10.00 to be paid from Commissioner Fiala's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) To file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the Board of County Commissioners designate the Sheriff as the Official Applicant and Program Point -of-Contact for a Florida Public Safety Interoperable Communications (PSIC)Grant Application, accept the grant when awarded, and approve applicable budget amendments. 2) To obtain Board approval for disbursements for the period of August 25, 2007 through August 31, 2007 and for submission into the official records of the Board. 3) To obtain Board approval for disbursements for the period of September 1, 2007 through September 7, 2007 and for submission into the official records of the Board. 4) To obtain Board approval for disbursements for the period of September 8, 2007 through September 14,2007 and for submission into the official records of the Board. 5) Recommendation to have the Board of County Commissioners approve the refund of $12,296.94 to five (5) vendors providing food and drink concessionaire services at seven (7) Parks and Library locations. K. COUNTY ATTORNEY 1) Recommendation to Approve a Stipulated Final Judgment in the Amount of $40,400.00 for the Acquisition of Parcel 120 in the Lawsuit Styled Collier County v. Naples Estates Limited Partnership, Page 19 September 25, 2007 an Oregon Limited Partnership, et a!., Case No. 06-1213-CA (County Barn Road Project No. 60101). Fiscal Impact: $3500.00 2) Recommendation to authorize the County Attorney to file a lawsuit, on behalf of the Collier County Board of Commissioners, against Francisco J. Guerrero, Jr., in the Twentieth Judicial Circuit in and for Collier County, Florida, to recover repair costs incurred in the approximate amount of$3,900.00. 3) Recommendation to authorize the County Attorney to file a lawsuit, on behalf of the Collier County Board of Commissioners, against Geraldine Francois in the Twentieth Judicial Circuit in and for Collier County, Florida, to recover repair costs incurred in the approximate amount of$19,500.00. 4) Recommendation to authorize the County Attorney to file a lawsuit, on behalf of the Collier County Board of Commissioners, against Jimmy Oakley and/or Anthony Rhon Pierce, in the Twentieth Judicial Circuit in and for Collier County, Florida, to recover repair costs incurred in the approximate amount of $4,400.00. 5) Recommendation to approve a Stipulated Final Judgment for Parcel 803 in the lawsuit styled Collier County v. James M. Brown, et a!., Case No. 06-0525-CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact $8,396.91) 6) Recommendation to approve settlement at mediation and prior to trial in the lawsuit entitled Trugreen Landcare, L.L.C. vs. Collier County filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 07-0239-CA, for $67,500.00. 7) Recommendation to approve settlement prior to commencement of discovery in the lawsuit entitled Collier County v. Ocean Gate General Contractors, Inc. and Florida Department of Environmental Protection filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 07-0704-CC, in the amount of$7,470AO. 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 Page 20 September 25, 2007 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 VROW-2005-AR-7801, disclaiming, renouncing and vacating the Countys and the Publics interest in a 60 foot wide right-of-way easement, known as 12th Street North (previously known by record plat as Second Avenue) as recorded in Plat Book 3, Page 12, of the Public Records of Collier County, Florida, and more specifically described in Exhibit A and to accept a drainage easement over the entire vacated area comprised of three separate and segmented drainage easements, as depicted and described in Exhibit B, Exhibit C and Exhibit D and a 20 foot wide access easement along the west 20 feet of the east 30 feet of the proposed vacation area, as depicted and described in Exhibit E. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition A VESMT-2007-AR-II923, to disclaim, renounce and vacate the Countys and the Publics interest in a portion of a platted drainage easement over Tract 1, Carolina Commons, a subdivision as recorded in Plat Book 48, Pages 78 and 79 ofthe Public Records of Collier County, Florida, situated in Section 34, Township 48 South, Range 26 East, Collier County, Florida, and being more specifically described in Exhibit A. C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEXT-2007-AR-11781: The subject property is approximately 6.83 acres located on the northwest corner of the intersection of Golden Gate Parkway and Santa Barbara Boulevard. It was approved as a Commercial Planned Unit Development known as the Colonnades at Santa Barbara on May 25, 2004. The PUD is within the Commercial Infill Subdistrict on the Golden Gate Estates Future Land Use Page 21 September 25, 2007 Map. In accordance with Land Development Code (LDC) policies, the PUD sunsetted on May 25, 2007. The petition seeks one two-year extension of the existing PUD. The PUD meets the criteria within Section 1O.02.13D.6b of the LDC. D. Adopt a Resolution amending the Effluent Irrigation (Reuse) Customer Rates, which is Schedule Three of Appendix A to Section Four of Collier County Ordinance No. 2001-73, titled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance. E. To obtain approval by the Board of Collier County Commissioners for the annual rate resolution to set landfill tipping fees, recycling center fees, residential multi-family and commercial waste collection fees for FY08. This resolution adopts the rates that fund the FY08 budget for solid waste disposal. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 22 September 25, 2007 September 25, 2007 MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, Commissioners, you have a hot mike. CHAIRMAN COLETTA: Thank you, Mr. Mudd. Ladies and gentlemen, welcome to the regular Board of Collier County Commissioner meeting for September 25, 2007. We'll begin this meeting with the invocation given by our County Manager, Jim Mudd. Please stand. MR. MUDD: Let us pray. Our Heavenly Father, we ask your blessings on these proceedings and all who are gathered here. We ask a special blessing on this Board of County Commissioners, guide them in their deliberations, grant them the wisdom and vision to meet the trials of this day and the days to come. Bless us now as we undertake the business of Collier County and its citizens, that our actions will serve the greater good of all citizens and be acceptable in your sight. Your will be done, amen. CHAIRMAN COLETTA: Commissioner Halas, would you lead us in the Pledge. (The Pledge of Allegiance was recited in unison.) Item #2A REGULAR CONSENT AND SUMMARY AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES CHAIRMAN COLETTA: Okay. Mr. Mudd, let's start off with the -- any changes to the agenda. MR. MUDD: Yes, sir. Agenda changes, Board of County Commissioners' meeting, September 25,2007. Item 3, Service Awards. David Streit, Utilities Billing, is receiving a 20-year award rather than a 25-year award. Next item, withdraw item 6A. It's a public petition request by Page 2 September 25, 2007 Keith (sic) Pekel to discuss private improved property within the Big Cypress National Preserve. The item is being withdrawn at the petitioner's request. Next item is to add item 13A, selection of a commissioner to serve on upcoming canvassing boards due to the special primary election and special general election to fill the seat left vacant by Representative Mike Davis. That item is being asked to be included in the agenda by Jennifer Edwards, the Supervisor of Elections. The next item is to move item l6A l6 to lOK. It's a recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Laurel Lakes, phase one, at Laurelwood, a PUD. The roadway and drainage improvements privately maintained. The item is being moved at Commissioner Henning's request. The next item is to move item 16A17 to lOL. It's a recommendation to grant final approval of the roadway private and drainage improvements for the final plat of Laurel Lakes, phase two, at Laurelwood, a PUD. The roadway and drainage improvements will be privately maintained. Again, the item is being moved at Commissioner Henning's request. Next item is to move item 16A18 to lOM. It's a recommendation to grant final approval of the roadway private and drainage improvements for the final plat of Laurel Lakes, phase three, at Laurelwood, a PUD. The roadway and drainage improvements will be privately maintained. Again, the item is being moved at Commissioner Henning's request. Next item is to continue item 16B4 to the October 9, 2007, BCC meeting. It's a recommendation to approve a developer's contribution agreement with MAC Builders, Inc., the developer, in Collier County, the county to design, permit, and construct the intersection improvements on U.S. 4l and Barefoot Wiggins Road, which is the project, and the item is being continued -- being asked to be continued Page 3 September 25, 2007 at staffs request. The next item is to withdraw item l6B 16 due to a Notice of Intent of Formal Protest, and that was a recommendation to award bid number 07-4l85, U.S. 41, Tamiami Trail East, from Rattlesnake Hammock Road to Collier Boulevard, the annual maintenance to Vila & Sons Landscapes in the amount of $339,542.80. That item is being asked to be withdrawn at staffs request. Next item is to move item 1607 to lOP, and that's a recommendation to approve Collier County's Community Development Block Grant, CDBG, HOME Investment Partnership, HOME, and shelter -- and excuse me -- and Emergency Shelter Grant, ESG, Consolidated Annual Performance and Evaluation Report, which -- the CAPER, to fiscal year -- for fiscal year 2007, excuse me -- for fiscal year 2006 to 2007 as required by the U.S. Department of Housing and Urban Development, HUD, and authorize the chairman of the Board of County Commissioners to certificate the CAPER for submission to HUD. The item is being moved at Commissioner Fiala's request. COMMISSIONER COYLE: County Manager, did you say that was going to be moved to lOP? MR. MUDD: lOP, 10 papa. COMMISSIONER COYLE: I think it's 10 November. MR. MUDD: 10, sir. It's lO papa. You'll see 10 November coming later. That was added earlier to the change sheet. That's why it has that number. COMMISSIONER COYLE: My agenda says item 17E is lOP. MR. MUDD: No. MS. FILSON: That was moved to 8B, sir. Do you have the agenda that I gave you? COMMISSIONER COYLE: Okay. Then I have a different agenda change sheet. MS. FILSON: I thought you were looking at this sheet. Page 4 September 25, 2007 COMMISSIONER HALAS: Everybody else has the latest one. COMMISSIONER COYLE: Okay. Thank you, sorry. MR. MUDD: No, that's okay, sir. CHAIRMAN COLETTA: We set him up again, huh? MR. MUDD: Okay. So we're moving l6D7 to lOP, and that item is being moved at Commissioner Fiala's request. The next item, the last item on the first page is to move item 16D9 to 10Q, and that is a recommendation that the Board of County Commissioners approve authorize the chairman to sign a sub -- a sub- recipient agreement providing a State Housing Initiative Program, SHIP grant, in the amount of $22,200, to the Empowerment Alliance of Southwest Florida for homebuyer counseling to low and moderate income households in eastern Collier County. This program will consist of homebuyer education and one-to-one counseling for potential homebuyers. Item is being moved at Commissioner Fiala's request. The next item is to move item l6D14 to lON. That's a recommendation that the Board of County Commissioners approve and authorize its chairman to sign a sub-recipient agreement providing a grant for Home Investment Partnership Program, HOME, funding in the amount of $330,000 to the Collier County Housing Authority for tenant-based rental assistance. Funding will provide 46 families with rental and utilities assistance. The item is being moved at Commissioner Henning's and Commissioner Fiala's request. The next item is to move item 16D l8 to lOR. It's a recommendation that the Board of County Commissioners approve and authorize the chairman to sign a sub-recipient agreement providing a State Housing Initiative Program, SHIP grant, in the amount of $35,000 to the Collier County Housing Development Corporation for homebuyer counseling to low and moderate income households in Collier County. This program will consist of homebuyer education one-on-one counseling for potential Page 5 September 25, 2007 homebuyers. Item is being moved at Commissioner Fiala's request. The next item is 16E6, and it should read: A recommendation that the Board of County Commissioners approves award of bid number 07-4180, gasoline and diesel fuel, to Evan Oil Company in an estimated annual amount of $3 million, and the new piece as to be added, and authorize the chairman to sign the standard County Attorney approved contract, and that clarification is at staffs request. Next item is item 16F5. The fiscal impact of the executive summary should read: Fiscal impact, the proposed FY -'08 fund, fund l84, budget, has sufficient funding for fulfillment services not to exceed $125,000, and that clarification is at Commissioner Coyle's request. Next item is to move item l6F7 to 100. Recommend approval of a resolution authorizing the tourism department to utilize emergency advertising funds in the event of a disaster. Changes to the resolution are as follows: Adding the BCC chairman in addition to the County Manager to use emergency dollars and adding the words, but not limited to, before listing the types of disasters the funds would be used for, and that clarification is at staffs request. Next item is to move item 17E to 8B, and that's a correction to amendment number three. There is a revision in the total haul charge per load figures. To obtain approval by the Board of Collier County Commissioners for the annual rate resolution to set landfill tipping fees, recycling center fees, residential multifamily and commercial waste collection fees, for FY-'08. This resolution adopts the rates that fund the FY -'08 budget for solid waste disposal, and that move and clarification is at staffs request. You have several time certain items today. The first one is item 7 A, to be heard at one p.m., and that has to do with a conditional use for Mining Venture, LLC, represented by R. Bruce Anderson of Roetzel & Andress, and they're looking for conditional use to expand the Jones Mine, earth mining project, and the subject property consists Page 6 September 25,2007 of2,576 acres. Again, that item is to be heard at one p.m. The next time certain is item 9E, and that's to be heard at II a.m., and that's a discussion regarding Collier County to take over the direction of the Collier County Housing Authority and become involved in the primary functions of the authority, and that item, time certain, is Commissioner Henning's request. And then the next items, 14A, l4B, and 14C, are C -- are all Gateway Triangle -- Bayshore Gateway Triangle Community Redevelopment Agency actions, and they will all be heard in and around three p.m. this afternoon. That's all I have, Mr. Chairman, and Commissioners. CHAIRMAN COLETTA: Thank you, Mr. Mudd. At this point in time we're going to go to the commissioners and ask for their disclosures or changes to the agenda. And we'll start with Commissioner Henning. COMMISSIONER HENNING: I have no disclosures on today's consent or summary agenda. I do want to -- for the board to amend the agenda to remove 9E. And what I'll do, I'll just get with the County Manager's Office to put this item on the board's legislative delegation wish list, if you may. But I also understand there are several residents that want to talk about -- let's see. The item -- I'm trying to remember. The registration for outside entertainment business. So Mr. Chairman, I would -- I would ask if the board would consider having that item placed at a time certain at ll. CHAIRMAN COLETTA: I believe it's considered a land use item? MR. MUDD: No, sir. 10D has to do with the outside -- the outside usage permit for Stevie Tomato's, and that's item lOD, sir. CHAIRMAN COLETTA: Yeah. We already have a time certain at ll. MR. MUDD: Commissioner? Page 7 September 25, 2007 CHAIRMAN COLETTA: How about lO o'clock, Commissioner? MR. MUDD: Commissioner Coletta? CHAIRMAN COLETTA: Yeah. MR. MUDD: Commissioner Henning just asked for the 11 o'clock time certain to be removed off of the agenda. CHAIRMAN COLETTA: Okay. Okay, then fine. This will take its place then. COMMISSIONER HENNING: If it's the will of the board. CHAIRMAN COLETTA: I think it's a reasonable request, Commissioner Henning. COMMISSIONER COYLE: What item was that that was going to be placed at I l? MR. MUDD: lOD, sir. COMMISSIONER COYLE: lOD. CHAIRMAN COLETTA: Okay. Any other disclosures as far as the summary or consent agenda? COMMISSIONER HENNING: No, sir. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: No. I had -- on l6Al2, I have had meetings and emails. And for the rest of the summary -- or consent and summary agendas, I have nothing. CHAIRMAN COLETTA: Okay. And I -- on A12 (sic), I've had meetings, correspondence, emails, and calls. And on the summary agenda, item 17C, I've had meetings, correspondence, emails -- or excuse me, correction. I've had correspondence and emails, and my file is available for anyone that wishes to see it. Commissioner Halas? COMMISSIONER HALAS: Good morning, Chairman. As far as today's consent or summary agenda, I am satisfied with that. And the only ex parte that I have on the consent agenda is 16A 12 -- excuse me. I didn't have any disclosures on 16A12. Page 8 September 25, 2007 But on the summary agenda, under 17B, I've had emails in regards to that. Nothing else on the summary agenda to bring forth. If there's any questions, I have a packet of information on the item that I've just discussed on the -- 17B. Thank you very much. CHAIRMAN COLETTA: Thank you, sir. Commissioner Coyle? COMMISSIONER COYLE: Mr. Chairman, I have no further changes to the agenda with respect to ex parte disclosure. I have no disclosure for the consent agenda. And for the summary agenda, I have a disclosure for 17C. I did receive an email [rom Mr. Jeff Provenzano concerning that item. CHAIRMAN COLETTA: Thank you, sir. And with that, do I hear a motion approving of to day's regular-- COMMISSIONER HALAS: So moved. CHAIRMAN COLETTA: -- consent, and summary agenda as amended? COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: So we have a motion by Commissioner Halas and a second by Commissioner Fiala for approval? Comments? (No response.) CHAIRMAN COLETTA: Hearing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER HENNING: Aye. Page 9 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING September 25. 2007 Item 3 Service Awards: David Streit, Utility Billing, is receiving his 20-year award rather than 25- year. Withdraw Item 6A: Public petition request by Kenneth Pekel to discuss private improved property within the Big Cypress National Preserves. (Petitioner's request.) Add Item 13A: Selection of a Commissioner to serve on upcoming canvassing boards due to the special primary election and special general election to fill the seat left vacant by Representative Mike Davis. (Jennifer Edwards, Supervisor of Elections.) Move Item 16A16 to 10K: Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Laurel Lakes Phase One at Laurelwood, a P.U.D., the roadway and drainage improvements will be privately maintained. (Commissioner Henning's request.) Move Item 16A17 to 10L: Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Laurel Lakes Phase Two at Laurelwood, a P.U.D., the roadway and drainage improvements will be privately maintained. (Commissioner Henning's request.) Move Item 16A18 to 10M: Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Laurel Lakes Phase Three at Laurelwood, a P.U.D., the roadway and drainage improvements will be privately maintained. (Commissioner Henning's request.) Continue Item 16B4 to the October 9.2007 BCC meetinQ: Recommendation to approve a Developers Contribution Agreement with MAC Builders, Inc. (Developer) and Collier County (County) to design, permit and construct the intersection improvements on US 41 and Barefoot Williams Road (Project). (Staff's request.) Withdraw Item 16B16 (due to notice of intent of formal protest): Recommendation to award Bid #07-4185 "US 41 (Tamiami Trail) East (Rattlesnake Hammock Road to Collier Boulevard) Annual Maintenance" to Vila & Son Landscaping in the amount of $339,542.80. (Staff's request.) Move Item 16D7 to 10P: Recommendation to approve Collier County's Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 2006-2007 as required by the U.S. Department of Housing and Urban Development (HUD), and authorize the Chairman of the Board of County Commissioners to certify the CAPER for submission to HUD. (Commissioner Fiala's request.) Move 16D9 to 10Q: Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, a Subrecipient Agreement providing a State Housing Initiative Program (SHIP) grant in the amount of $22,200 to The Empowerment Alliance of SW Florida (EASF) for Homebuyer Counseling to low and moderate income households in Eastern Collier County. This program will consist of homebuyer education and one-to-one counseling for potential new homebuyers. (Commissioner Fiala's request.) Move Item 16014 to 10N: Recommendation that the Board of County Commissioners approves and authorizes its Chairman to sign a Subrecipient Agreement providing a grant for Home Investment Partnership Program (HOME) funding in the amount of $330,000 to the Collier County Housing Authority for Tenant Based Rental Assistance (TBRA): Funding will provide forty-six families with rental and utility assistance. (Commissioner Henning's and Commissioner Fiala's request.) Move 16018 to 10R: Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, a Subrecipient Agreement providing a State Housing Initiative Program (SHIP) grant in the amount of $35,000 to The Collier County Housing Development Corporation (CCHDC) for Homebuyer Counseling to low and moderate income households in Collier County. This program will consist of homebuyer education and one-to-one counseling for potential new homebuyers. (Commissioner Fiala's request.) Item 16E6 should read: Recommendation that the Board of County Commissioners approves award of Bid #07-4180 "Gasoline & Diesel Fuel" to Evans Oil Company, in an estimated annual amount of $3,000,000, and authorize the Chairman to sign the Standard County Attorney approved contract. (Italicized portion added.) (Staff's request.) Item 16F5: The fiscal impact of the Executive Summary should read: Fiscal Impact: The proposed FY 08 Fund 184 budget has sufficient funding for fulfillment services not to exceed $125,000. (Commissioner Coyle's request.) Move 16F7 to 100: Recommend approval of a resolution authorizing the Tourism Department to utilize Emergency Advertising Funds in the event of a disaster. Changes to resolution are as follows: Adding the BCC Chairman in addition to the County Manager to use the emergency dollars. Also adding the words "but not limited to" before listing the types of disasters the funds would be used for. (Staff's request.) Move Item HE to 8B: Correction to Attachment No.3. There is a revision in the total haul charae per load fiaures. To obtain approval by the Board of Collier County Commissioners for the annual rate resolution to set landfill tipping fees, recycling center fees, residential multi-family and commercial waste collection fees for FY08. This resolution adopts the rates that fund the FY08 budget for solid waste disposal. (Staff's request.) Time Certain Items: Item 7 A to be heard at 1 :00 p.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: CU-2004-AR-6904 Mining Venture, LLC., represented by R. Bruce Anderson of Roetzel & Andress, is requesting a conditional use allowed per LDC Section 2.04.03, Table 2 of the A-MHO Agricultural zoning district for Earthmining. The subject property, consisting of 2,576 acres, is located east of Immokalee Road, approximately 2 miles north of Oil Well Road. The subject property is located within Sections 35 & 35, Township 47 South, Range 27 East; and all of Section 1 and 2, Township 48 South, Range 27 East, less road right-of-way for County Road 846 (Immokalee Road), Collier County Florida. Item 9E to be heard at 11 :00 a.m. Discussion regarding Collier County to take over the direction of the Collier County Housing Authority and become involved in the primary functions of the Authority. (Commissioner Henning's request.) Item 14A to be heard after 3:00 p.m. Community Redevelopment Agency FY 2007 annual performance appraisal review for the Bayshore Gateway Triangle Executive Director and determine the FY 2007 Merit Pay Award for lump sum payment from the FY 2008 budget. Item 14B to be heard after 3:00 p.m. Recommendation for the Collier County Community Redevelopment Agency (CRA) to approve a closing date extension to a purchase contract for certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency and authorize the CRA Chairman to sign the extension. Item 14C to be heard after 3:00 p.m. Recommendation for the Collier County Community Redevelopment Agency (CRA) to approve a Request for Proposals (RFP) scope of work to sell CRA owned land; approve the Executive Director to advertise the RFP through the County Purchasing Department and return with recommendations. September 25, 2007 CHAIRMAN COLETTA: Okay. The --let the record show the vote was 4-l with Commissioner Henning being the opposition. Question. Sue Filson, do we have anybody to speak on the agenda? We probably should have got that before. Item #9E DISCUSSION REGARDING COLLIER COUNTY TO TAKE OVER THE DIRECTION OF THE COLLIER COUNTY HOUSING AUTHORITY AND BECOME INVOLVED IN THE PRIMARY FUNCTIONS OF THE AUTHORITY - DISCUSSED MS. FILSON: We have two speakers on 9E, which I believe there's a motion to withdraw. CHAIRMAN COLETTA: Okay. What's the proper procedure for that, Mr. Weigel, at this point in time when you have speakers on an item that's been withdrawn and agreed to by the commissioners? MR. WEIGEL: Well it is the prerogative of the board to alter, change, withdraw any item that it wishes to. The item is no longer on the agenda and, therefore, again, it's the prerogative of the board if they wish to hear speakers, but there is really no item to be heard or acted upon at this point. CHAIRMAN COLETTA: Okay. Well, what's the feelings of the board? COMMISSIONER HALAS: If the people are here to speak on it, I think we ought to give them the opportunity to speak on it. COMMISSIONER FIALA: I agree. CHAIRMAN COLETTA: Okay. I agree, too. So this would probably be the perfect opportunity to do it before we go forward, and then they can go on with their lives and we can get on with our agenda. MS. FILSON: Okay. The first speaker's Kenneth Thompson. Page 10 September 25,2007 He'll be followed by Esmerelda Serrata. Would you like me to hand those out, sir? MR. THOMPSON: Please. Commissioner Coletta, members of the board, my name is Ken Thompson. I'm the attorney for the Collier County Housing Authority, and I've had the pleasure of representing them for -- since 1986. What the young lady is handing out to you is a letter I sent to your attorney based upon your agenda item which asked to discuss the removal and taking over the authority of the Housing Authority by the county board of commissioners. When we saw this item, Ms. Serrata was shocked and surprised that the county board was considering doing this. The Housing Authority has been well thought of and well managed for 20 years. I do their legal work. And beyond the fact that we had a lawsuit when I started in '86 and a lawsuit about five years ago, we've had no lawsuits, we've had no disputes. We've tried to be a good neighbor, and we've tried to work with the county, and we have over the years. We have a number of items that we do with the county, and we've done that. And so we were surprised when we got this notice that this was an agenda item. But as an attorney, what I do is I go look at the law. As my letter indicates, there has not been any cases that I can find on Westlaw Research, which is a standard research tool, dealing with the issue; however, in 1997, Lee County attempted to disband Lee County Housing Authority. By coincidence, I also represent Lee County Housing Authority. The attorney general addressed the issue and gave us a seven-page dissertation about it. I've included that in the package that you have in front of you. The bottom line, my understanding of this item -- and I was able to fax this to your attorney yesterday and discussed it with him briefly Page 11 September 25, 2007 late in the afternoon -- is that the Board of County Commissioners does not have the authority to disband the Collier County Housing Authority. The way I read it is that once the Board of County Commissioners has voted to establish the county Housing Authority, they have no direct involvement in the ongoing management or affairs of the county housing authority, and that's a two-edged sword. Not only do you not have the authority over the Housing Authority, but you do not have the responsibility for any ongoing debt or liabilities of the Housing Authority. So we're here. And if you read through the entire packet, I've included a copy of the opinion, I've reviewed a copy of the resolution from 1966 in which the Board of Commissioners acted to establish the Housing Authority, and it's our opinion that the Board of County Commissioners does not have the authority to amend or modify this, and it's only through the state legislature or the officer of the governor can it be done. As I started out, I think the Housing Authority has tried to be a good neighbor, and we would like to continue to be a good neighbor and work with the county in providing affordable housing to all the residents of Collier County. Thank you. MS. FILSON: The next speaker is Esmerelda Serrata. CHAIRMAN COLETTA: How many speakers do we have, Ms. Filson? MS. FILSON: That's your final speaker, sir. MS. SERRATA: Well, since it was a time certain, our other speakers aren't here yet. Good morning. My name is Essie Serrata. I'm the Executive Director of the Collier County Housing Authority. As Ken mentioned, our legal counsel, I was surprised by the item on the agenda, especially since no one's bothered to call me or ask me, you know, if they had an issue with the Housing Authority. So I Page 12 September 25,2007 wasn't surprised, but -- and I have -- you know, with the item being taken off the agenda, I have no idea what the concern -- I have a little bit of an idea. So I really don't even know where to speak just because of the fact that it's -- you know, I really don't know Commissioner Henning's concern. May I ask Commissioner Henning to express his concern? CHAIRMAN COLETTA: Well, before we go there and we start a dialogue going back and forth, it's the right of any commissioner to bring items forward to be considered and placed on the agenda. It's also the right of any commissioner to ask for an item to be removed. And I don't really know if the dialogue going back and forth between you and Commissioner Henning would be appropriate at this time because it's no longer an agenda item; however, with that said, Commissioner Henning has indicated he wants to bring it back under legislative issues dealing with the state. And I'm sure at that point in time we can start to query back and forth. Because I know if I open it up for Commissioner Henning, it's just going to open up the whole agenda item again. Of course, I want you to understand I'm not censoring Commissioner Henning. I'm just trying to keep this meeting going in a logical way with an item that's no longer on the agenda. So I hope you respect that. MS. SERRA T A: I absolutely do. I guess I'll just express, you know, that my doors are always open if any of the commissioners have a concern with the Housing Authority. Many of you may not know -- I thought Fred was very vocal, and all of you know what the Collier County Housing Authority does, and we do some of the neediest families in Collier County. Many of you know we have the Section 8 program, which 90 percent of those families that we assist are -- live here in Naples. I think part of the concern was that we stay focused in Immokalee, Page 13 September 25, 2007 which I think is unfounded. We have a Naples right, in Golden Gate. We administer the TBRE program which is -- you know, serves the elderly and homeless. We've worked with many developers. Perhaps we're not in the news very often but, you know, we're out there. And again, if -- any concern, just, please, give me a call. I'm always available. CHAIRMAN COLETTA: Thank you for your input. MS. SERRATA: Thank you. Let's move on to the next item on the agenda. Item #3A SERVICE AWARDS MR. MUDD: Commissioner, that would bring us to service awards. And we have one service award today, and it was on our change sheet, and that's Mr. David Streit, and he's been with Collier County for 20 years in Utility Billing. So Mr. Streit, if you could come forward, please. (Applause.) CHAIRMAN COLETTA: Twenty years, but it just seemed like 25, huh? There you go. COMMISSIONER FIALA: Thank you. COMMISSIONER HENNING: Good morning. Congratulations. MR. OCHS: Congratulations. MR. MUDD: David, we'll get a picture now. CHAIRMAN COLETTA: Dave, can we get that picture? CHAIRMAN COLETTA: Thank you again. (Applause.) Item #4A Page 14 September 25, 2007 PROCLAMATION FOR THE SUMMER FOOD SERVICE PROGRAM - ADOPTED MR. MUDD: Commissioners, we have two proclamations today. The first is a proclamation for the Summer Food Service Program, to be accepted by Jim Thomas for parks and recreation department. And there he is. CHAIRMAN COLETTA: There he is. How you doing, sir? I'm telling you -- COMMISSIONER FIALA: Just stand there and look at the audience. CHAIRMAN COLETTA: Turn around and face the audience. COMMISSIONER FIALA: Whereas, the Summer Food Service Program is a grant funded by the United States Department Of Agriculture, Food, and Nutrition Service, and administered by the Florida Department of Education with the purpose of ensuring that children can receive the same high-quality meals during the summer as provided by the schools during the school years; and, Whereas, Collier County Parks and Recreation has successfully administered the Summer Food Service Program in conjunction with the summer camp program since 1982; and, Whereas, over the course of 40 days, between June 6th and August 3,2007, the parks and recreation department served 85,676 breakfasts and ll5,575 lunches at 35 sites throughout Collier County; and, Whereas, the program employs 41 school board employees and is administered by Jim Thomas, our own Jim Thomas, a 30-year employee of the parks and recreation department; and, Whereas, over the past 26 years, the parks and recreation department has served 2,320,000 nutritious meals to children in disadvantaged neighborhoods in Collier County. Now, therefore, be it proclaimed by the Board of County Page 15 September 25, 2007 Commissioners of Collier County, Florida, that gratitude and appreciation are bestowed upon the parks and recreation department, Jim Thomas, and the school board staff, for constant and commendable service on behalf of the well-being of the county's children. Done and ordered this 25th day of September, 2007, Board of County Commissioners, Collier County, Florida, James Coletta, Chairman. And Mr. Chairman, I motion to approve. CHAIRMAN COLETTA: I second. COMMISSIONER HALAS: Second. CHAIRMAN COLETTA: Well, we have a motion by Commissioner Fiala and a second by Commissioner Halas for approval. Any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: It's unanimous. Jim, you're the man. (Applause.) COMMISSIONER HALAS: Hi, Jim. COMMISSIONER COYLE: Good to see you, Jim. CHAIRMAN COLETTA: If I can, I'd like to share with the commission a little story. Jim has been doing this just about forever. How many years, Jim? MR. THOMAS: What's that? Page 16 September 25, 2007 CHAIRMAN COLETTA: The food program for the kids. MR. THOMAS: It's 26 years. CHAIRMAN COLETTA: Twenty-six years. Back about l2 years ago, l5 years ago, Mr. Thomas came to me when I had an equipment rental store, and he conned me into donating a tent for the food program in Immokalee. It wasn't too hard of a sell, you know. He told me about what he was doing. So we erected this great big tent for the kids to use. We went back to -- he brought me back to Immokalee another time to see how well everything was working out. We drove up to where the tent was, the kids were all on the tent using it for a slide. And I never billed you for it. COMMISSIONER FIALA: Oh, that's cute. Let's get a picture, and then we'd like to hear some comments from you. COMMISSIONER FIALA: Cute story. MS. FILSON: Turn your proclamation around. CHAIRMAN COLETTA: Jim, would you like to say a couple words? MR. THOMAS: Just a couple, because you all got a lot of stuff to do. I'd just like to thank the board. There's a lot of boards that I need to thank for this, because this is 26 years ago. I've seen a lot of people come and go. We've also fed a lot of children in this program. And because of the board's thinking and forward thinking about, you know, doing something like that, it really helped out. We started in Immokalee in '82 with one -- with one site to served 1,700 meals and thought we set the world on fire. You know, my thing back then was that the kids, if they don't eat, they can't play, and that was my thing. And since then, now we've come to what we're doing now. Page 17 September 25, 2007 We've been as -- had as many as 52 sites, sites ebb and flow with the population and different things, but it has been a very good program throughout the years. It's for the county, been very popular. We've had a lot of people that have used it that, you know, have been able to eat be -- and have nutritious meals. We do serve hot meals. We have a few cold meals during the week, but we finally made a transition from cold to hot with the school board's help. And so now we're doing hot breakfasts and hot lunches every day. There's a lot of people that I have to thank besides the board, but without your forward thinking, we wouldn't have had this program, so I do appreciate your letting me get involved in it. CHAIRMAN COLETTA: You're one of Collier County's heros as far as I'm concerned. Thank you very much. MR. THOMAS: Thank You, sir. (Applause.) Item #4B PROCLAMATION DESIGNATING OCTOBER 3, 2007 AS INTERNATIONAL WALK TO SCHOOL DAY -ADOPTED MR. MUDD: Commissioner, the next proclamation is a proclamation for International Walk to School Day on the 3rd of October, 2007, to be received by David Buchheit, who's the president of the Community Traffic Safety Team and project planner for Transportation Planning Department; Russ Muller, who's an engineer for Engineering Services Department and a community traffic safety team member; Nancy Frye, which is the -- she's the secretary and coordinator and traffic operations engineer technician; Sybil John, health educator for nutrition and fitness; Jeff Stauring, Collier County School Transportation Director; Charles Benson, Collier County school safety manager; Silvia Monzo, Collier County School Safety Page 18 September 25, 2007 Manager; Joe Bonness, who is the Collier Metropolitan Planning Organization's Pathway Advisory Chairman and a community traffic safety team member. And if all those ladies and gentlemen could please come forward. CHAIRMAN COLETTA: Welcome, please, right up and face the audience. And we thank you for being here today. Whereas, the lives of children could be saved each years if communities take steps to make pedestrian safety a priority; and, Whereas, a lack of physical activity plays a leading role in rising rates of obesity, diabetes, and other health problems among children, and being able to walk or bike to school offers an opportunity to build activity into daily routines; and, Whereas, driving students to school by private vehicles contributes to traffic congestion and air pollution; and, Whereas, an important role for parents and caregivers is to teach children about pedestrian safety and become aware of the difficulties and dangers that children face on their trip to school each day and the health and environmental risks related to physical inactivity and air pollution; and, Whereas, Collier County was the first county in the state to participate in International Walk to School Day; and, Whereas, the Collier County Transportation Service Division, the Community Traffic Safety Team, the Collier County School Board, and the Collier County Sheriffs Office have volunteered time and effort to support International Walk to School Day. Now, therefore, be it proclaimed by the Board of Collier County Commissioners of Collier County, Florida, that October 3,2007, be designated as to Walk, Walk (sic) -- International Walk to School Day and encourage everyone to consider the safety and health of children today and every day. Done and ordered this, the 25th day of September, 2007, James Coletta, Chair. Page 19 September 25, 2007 And I make a motion for approval. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: I have a motion for approval by Commissioner Coletta and a second by Commissioner Fiala. Any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 5-0. Thank you very much. (Applause.) COMMISSIONER FIALA: Could you get up and talk with us about the new school bus program or walking school bus, or whatever they call it? Thank you. COMMISSIONER HALAS: Good morning. CHAIRMAN COLETTA: We've got Fred Thomas providing you good meals. COMMISSIONER FIALA: You do good work. CHAIRMAN COLETTA: Thank you for being here. Oh, picture, please. MR. MULLER: You need a wide-angle lens. CHAIRMAN COLETTA: Turn sideways. MR. MULLER: This year's participating schools are the new Parkside Elementary, Avalon Elementary, Shadowlawn Elementary, Village Oaks Elementary, and we've got a couple of late-comers that Page 20 September 25, 2007 may be on board as Tommie Barfield in Marco and Lake Trafford Elementary and -- in Immokalee. Walking your child to school can be an eye-opening experience. I hope everyone can be involved in some way or shape or form. We're going to consider creating a walking school bus program for Parkside Elementary, and that should be fun. And it keeps a lot of cars off the road. Any questions? COMMISSIONER FIALA: Yeah. Could I ask -- at Parkside Elementary, they have 750 children in that school, and of750, 745 walk. The only five that don't walk are kids that can't walk there by themselves. Thank you. THE COURT REPORTER: Could I get your name? MR. MULLER: Russ Muller, for the record. COMMISSIONER FIALA: That's located in Naples Manor, by the way -- CHAIRMAN COLETTA: Thank you. COMMISSIONER FIALA: -- just so you guys know. CHAIRMAN COLETTA: Mr. Mudd? Item #5A STATUS REPORT BY MR. ANDY PENNY FROM APAC ROADS REGARDING THE IMMOKALEE ROAD EXPANSION AND IMPROVEMENTS FROM COLLIER BOULEVARD TO SHADY HOLLOW - PRESENTED MR. MUDD: Commissioner, that brings us to presentations, and you have one presentation today which has to do with the presentation by AP AC road contractor to present the status on the Immokalee Road expansion improvements from Collier Boulevard to Shady Hollow. It's basically to construct six lanes of six-lane highway, which is Page 21 September 25, 2007 divided, and two miles of four lanes. And it's basically six lanes from 95l to Oil Well, and then four lanes from Oil Well to Shady Hollow Road. MR. AHMAD: Mr. Chairman, good morning. Commissioners, I'm Jay Ahmad. I'm your Director of Transportation Engineering and Construction Management. With me this morning is Andy Penny with AP AC Construction who will inform you about the status of the roadway project that we have on Immokalee between Collier Boulevard to 43rd. Shady Hollow is 43rd Street. And I'm pleased to tell you that the project is on time and on budget, and the only change to the budget that did occur was years ago when we went from four lanes to six lanes, the major widening of that project -- initially the project went as a four-lane construction project, and somewhere in the construction of that project, a decision was made to go to six lanes. And that is the major revisions to this project for dollars and time. And I'll let Andy Penny tell you more about the status of this project. MR. PENNY: There's not much to say. Jay just about summed it all up. At present, through the August estimate, we are currently 84.7 percent on the time, and we're 83.9 percent on the dollars. The actual end of the contract is May 12th. We're going to do our best to finish this year, and I think that's entirely possible. CHAIRMAN COLETTA: I can tell you that ifthere was people that lived in the Estates in this room right now or Waterways and from the Orangetree area, they'd be standing and giving you a standing applause. That's wonderful. That's absolutely wonderful. And I hope everything can stay on your schedule. We appreciate all the energy and effort that your company has poured into this. And I have to tell you that I have not received a complaint on that corridor in probably six months, nine months. It's been phenomenal Page 22 September 25, 2007 compared to when it first started off to what it is today. MR. PENNY: Everything was tough starting off, but everything has worked out very well. CHAIRMAN COLETTA: The only -- I'm sorry, sir. Please finish. MR. PENNY: Everybody has -- we've had good cooperation, everybody has worked together, and that's essentially why the job's where it's at. CHAIRMAN COLETTA: The only question I've got, do you have any idea when we'll be able to have the streetlights turned on? MR. PENNY: They are currently working on it. We've had -- we're -- they were getting ready to light the north end, and they had some theft out there. We had, I think it was something like 5,000 foot of cable, pulled from the poles, from the bases, so they had to go back and redo all that. We've had a few poles stolen out there. I guess somebody wanted to cut them up and sell them for aluminum. CHAIRMAN COLETTA: Don't give anybody any ideas now. MR. PENNY: I know. It's been tough. COMMISSIONER FIALA: Boy, that's kind of -- steal a pole. MR. PENNY: I would like to say one thing. Last -- on the last presentation I think I mentioned that when it was all over, that the -- our biggest concern was, the source of fills (sic) have dried up since the job was bid. The sources are still continuing to dry up. And as it stands we're going to -- it's going to cost us approximately $600,000 more in the end than we anticipated. And as the sources dry up, the people of Naples need to be aware that the price of road construction is going to escalate. CHAIRMAN COLETTA: And since we don't have more money for roads, we'll just have to move some roads out if we can't find sources that are reasonable priced. MR. PENNY: It's getting tougher and tougher. You've got to have materials to build a job. Page 23 September 25, 2007 CHAIRMAN COLETTA: Well, thank you, sir. Your -- excellent presentation. Thank you very much. MR. PENNY: Thank you. (Applause.) MR. MUDD: Commissioner, that brings us to public petitions. The first public -- again, 6A was withdrawn. Item #6B PUBLIC PETITION REQUEST BY JEFF MOSCARDELLI TO DISCUSS THE PICAYUNE STRAND SOUTH BELLE MEADE WATER MANAGEMENT DISTRICT - PRESENTED 6B is a public petition request by Jeff Moscardelli to discuss the Picayune Strand South Belle Meade water management district issue. MR. MOSCARDELLI: I came across an interesting article -- MR. MUDD: State your name -- state your name for the record, SIr. MR. MOSCARDELLI: My name is Jeff Moscardelli, for the record. I came across an interesting article a few months back in the Naples Daily News by a name -- by a woman by the name of Amy Peeler. As I contacted her, she said that basically the funding for the South Belle Meade and the Picayune Strand money of $320 million was going to be vetoed and was vetoed yesterday. I'm wondering why the county is still letting South Florida Water Management move forward when there is no more money, if that would just basically move the county into debt or would move South Florida Water Management into debt, and then end up probably trying to flip the bill onto us. It's getting to be rather annoying, too, as well as having to put up with the back stabbing in any deal that has gone on between South Page 24 September 25, 2007 Florida Water Management property and the county as well as the people of Collier County. One particular thing started to really start to aggravate me is when I started to look into things. A gentlemen started to kind of -- his name started to arise, a fellow by the name of Malcolm A. or Malcolm Bubba Wade. It's kind of funny, isn't it? It's awkward that a guy like that would sit on the board of South Florida Water Management, then he would sit on the board of Florida eng -- Florida Army Corps of Engineers, and then he would also, some reason, sit on a board like Big Sugar. I kind of wondered, how does someone get onto a board of Big Sugar, like the same way he tried to, I don't know, do a sheet flow runoff and basically shoot all of that water out into the Caloosahatchee River and pollute the Caloosahatchee from a big sugar plant. I'm wondering why the county would even like decide to go into business with this person. CHAIRMAN COLETTA: Good question. The county's authority is kind of short compared to what we can do as far as directing the state in any particular action, especially water management, which seems to be a power and an entity all of their own. No, your concerns have been shared by this commissioner for many years now. We have never been able to find the answer. The only way -- the only kind of power we'd ever be able to hold is if we took guns to them, but I don't think we're going to do that. What's your suggestion? MR. MOSCARDELLI: Apparently you haven't been out in the Estates long enough. CHAIRMAN COLETTA: I've been there for like 26 years, maybe. MR. MOSCARDELLI: I don't know if you know what the residents are like out there. Some of them would like to hang that man Page 25 September 25, 2007 high, as well as some of the members of the South Florida Water Commission. CHAIRMAN COLETTA: Oh, I realize that, and you've got to also realize that I'm the one that started a petition a year ago to have these people removed from their positions and have them elected, elected positions for it, and I pushed it on a statewide level. It didn't go very far. But I very much -- well understand what the problem is; however, with that said, I do know that we have an entity out there that all we can do is try to hold them accountable where we can. And in the end, they have the power of the state behind them. I don't know. Any commissioners want to comment on that? MR. MOSCARDELLI: I mean, at this point when you've got almost someone that continuously lies to anybody and everybody so they can do what they want to, you start to think, this man's like a rolling gypsy, out for nobody and no good but himself. And you start to think, why would we let this guy in our town, let alone our county, and why hasn't anybody grown the backbone strong enough to tell him, listen, sorry, you've got to pack it up and get out of Dodge. Not in our town. Not ever again. CHAIRMAN COLETTA: Well-- COMMISSIONER HALAS: The problem is, that as far as our authority with the South Florida Water Management, that group is picked by the governor of the state. They're not elected. So therefore, they serve at the will of the governor. And as Jim Coletta, Commissioner Coletta said, he had an initiative that went to the Florida Association of Counties, because there's other water districts that have the same type of problem, or different areas of Florida, that have problems with their water district. And so we were -- as Jim was saying, or Commissioner Coletta's saying, is that he basically has an initiative out there to try to change that, and it didn't go very far so far. But we feel -- I think he feels that there are a lot of people that Page 26 September 25,2007 are interested in it, and the wheels sometimes turn very slowly. So that is being worked on, but it takes a long time. MR. MOSCARDELLI: At a certain point you've got to grease the axles and get that motor rolling. And I'm just asking, at this point, this many years going by, somebody has to start to throw down the gavel and say, that's it. They're out of there. CHAIRMAN COLETTA: Well-- MR. MOSCARDELLI: I mean, there's too many peoples (sic) that have been screwed over the long run here. CHAIRMAN COLETTA: But the petition out there -- MR. MOSCARDELLI: This isn't Naples, Florida. It's not even Florida to some people anymore. CHAIRMAN COLETTA: Well, sir, we understand. We thank you very much for being here today. MR. MOSCARDELLI: Anything in the interest of special interest. Item #6C PUBLIC PETITION REQUEST BY JIM KRAMER TO DISCUSS ADDING LANGUAGE TO CONTRACTS WITH COUNTY-HIRED COMPANIES - PRESENTED MR. MUDD: The next public petition is a request by Jim Kramer to discuss adding language to the contracts with Collier hired compames. MR. KRAMER: Good morning, Mr. Chairman, Commissioners. My name is Jim Kramer. I'm here to discuss adding immigration law to -- language to the contracts. Sometimes events overtake the requirement of 13 days' notice to put an item on the agenda, such as the case today. Yesterday Commissioner Coyle verified to the Naples Daily Page 27 September 25, 2007 News that the county put similar language into its contracts last year. He was quoted as saying, we expect our contractors will take all actions necessary to ensure their employees are legal. We have no problem with people who are here legal (sic) and working. They are entitled to all of these services. That was in the Naples Daily News yesterday. I'm sure you've heard the old saying, trust but verify. I would request that you direct your staff to examine the contract you approved with the -- at the last meeting, number 07-4126, for janitorial services, and working with the new Sheriffs Office immigration and customs enforcement team of cross-trained deputies, you verify the status of their employees assigned to this contract. As spokesperson Julia Rush stated in the news article, he, quote, the sheriff, determined we were having a problem with illegal immigration. And, quote, the community that we've enc -- the Latino community that we've encountered, I don't think that they necessarily like that, but they don't want criminals in their community either. That was in the September 2l st article. Your duty as commissioners is to protect the health, safety, and welfare of the residents of the county. I believe this suggestion will help you accomplish that. Thank you. CHAIRMAN COLETTA: I'm sorry. Commissioner Henning? COMMISSIONER HENNING: Mr. Kramer? MR. KRAMER: Yes. COMMISSIONER HENNING: Our office provided you a contract. MR. KRAMER: Yes, sir. COMMISSIONER HENNING: And they must verify to us under this contract that all their employees are of legal status. MR. KRAMER: Yes, sir. COMMISSIONER HENNING: And you're saying you want us to have the sheriff verify it? Page 28 September 25, 2007 MR. KRAMER: I think that the staff working with the sheriff and the ICE team could verify it, yes, sir. COMMISSIONER HENNING: Well, why put the onus on the government and not on the contractor? The checks and balances -- MR. KRAMER: I would leave it with the contractor, but I think that you need to trust that they're doing it correctly -- COMMISSIONER HENNING: May I finish? MR. KRAMER: -- but verify. Yes, sir. COMMISSIONER HENNING: Okay. The contract that our office provided you shows that they must do that and submit that information to the county, so there is the checks and balance, there is the trust in verifying. You know, we have a human resources department. I'm sure they'd be glad to go down there and show you what they do with these employment contracts. MR. KRAMER: Well, I'm just under the impression that it has not been verified. And if necessary, I will file a -- for a request for the names of those employees and then a complaint with the sheriffs department. COMMISSIONER HENNING: That's fine, but I think what you're asking, we're doing now. MR. KRAMER: All right, sir. COMMISSIONER HENNING: So I believe if you go down to human resources, that you can verify what I've just stated. MR. KRAMER: Well-- okay. That's your suggestion that I go to human resources rather than the sheriffs department? COMMISSIONER HENNING: I'm sure you could get the information from human resources. If it's not valid, you could take it to the sheriffs department. MR. KRAMER: All right, sir. Thank you. CHAIRMAN COLETTA: Thank you, Mr. Kramer. Mr. Mudd, where are we now, SA? MR. MUDD: Commissioners, on that topic, one other thing I Page 29 September 25, 2007 just want to bring to your attention, is a couple meetings ago you also approved, as a board, an expansion of our fingerprinting program, okay, that took into account not only employees, but contractors that work in critical areas, okay, so we can also fingerprint their employees, too. And we've expanded that process, and it's become quite helpful. Item #9 A PROPOSED SETTLEMENT AGREEMENT BETWEEN THE COCONUT RIVER ESTATES CIVIC ASSOCIATION AND COLLIER COUNTY PROVIDING FOR RESOLUTION OF A PENDING CODE ENFORCEMENT CASE - APPROVED EXHIBIT E WITHOUT lA Commissioner, that brings us to paragraph 9, which is the Board of County Commissioners. 9A, it's a recommendation to accept a proposed settlement agreement between the Coconut River Estates Civic Association and Collier County, providing for resolution of the pending code enforcement case number 2007020584. And I believe Ms. Michelle Arnold, your Director of Code Enforcement, hopefully, will start this presentation. But this was an item that Commissioner Coyle was involved in, if we remember correctly, from the board's side of the house to try to find a -- an agreement with the community and the ordinances that we have in the county in order to get that resolved. So Michelle, are you going to start this? MS. ARNOLD: Yes. COMMISSIONER COYLE: You know, let me -- let me try to provide some background for this. And I don't know whether we want to have a long staff report on this. The board asked me to sit down with both parties and see if we can negotiate an agreement. I have Page 30 September 25, 2007 done that. Now, the parties are two county employees, David Weeks and Michelle Mosca, who are the complainants, and the Coconut River Homeowners Association or Civic Association. And we sat down and we went through the process, and I listened to both sides. And I can tell you that this is probably one of the most worthless and time-consuming processes that I have ever seen. It has pitted one department in the county against another with constant arguments flowing back and forth, in emails.criticisms by one department of another, and what amounts to outright pressure on code enforcement to do what the planning department says they have to do. It involves people in the meeting saying yes, if we can agree on these things, we will -- we will agree to it, only to find out that the written agreement contains something entirely different. The whole problem began back in 1977 when the civic association built some recreational facilities. They got permits for those and they built them, but there was never -- the county has not been able to find a Site Development Plan. Well, is this the first time we've ever heard that the county couldn't find a plan going back to 19777 Give me a break. You know, we have -- we have waived those requirements numerous times in the past because our recordkeeping requirements -- or recordkeeping isn't that good going back to those days, but it is still being held up today. It -- what happened is that there were some trees between the two county employees' house and this civic association recreational area. The trees were damaged during the hurricane. They were on the property owned by the civic association. The civic association removed the damaged trees. You want to put that up on the -- MR. MUDD: The aerial. Yeah, that will help. COMMISSIONER COYLE: Okay. So if we're -- if you're Page 31 September 25, 2007 looking at the trees or the center part, going from left to right to the center part of that area, you can see that there was a row of trees there that provided some screening. Okay. The trees were damaged, they were removed. The civic association damaged the fence at David Weeks and Michelle Mosca's house, and all ofa sudden, there was an outcry about, none of this should exist. They don't have permits. They are not permitted to do any of these things. There was a demand for a lO-foot wide vegetative buffer, which was clearly an attempt to keep the civic association from being able to use their property. There was no 1 O-foot wide vegetative buffer there in the first place. This has gone on for almost a year, I guess, isn't it? Taking staff time, taking homeowners' time. I think it is a terrible waste of time. This should never have gotten to this point. What should have been required in the first place was that the civic association should replace that vegetative buffer, and it should be opaque, and that there -- that the recreational facilities that are there at the present time should be declared legal because they have permits. The only exception to that was the boat ramp, and I understand now they have obtained a permit for the boat ramp. So there apparently is nothing on there that doesn't have a permit. The argument is well, they didn't get a Site Development Plan back when they started all this, and they don't have a drainage plan. It's been draining pretty well for 30 years. There have been -- there's no record of any complaints over a 30-year period until these trees were removed. And so my suggestion is, let's replace the trees the homeowner's -- the civic association is saying, we'll put a buffer there. We'll make sure it's an opaque buffer, a minimum of six feet high, and let us get on with our -- the things we normally do and have been doing for 30 years here. So this has just turned into a war that is counterproductive and Page 32 September 25, 2007 serves no purpose. It should never have been brought to us. It should have been resolved at staff level. And as a matter of fact, the code enforcement people originally ruled, there's no violation here, and they were beat over the head by the planning department because they couldn't find a violation and they wouldn't rule that there was a violation here. So it is extremely disturbing to me that this has happened and it bothers me the way it has happened. So what I'm suggesting to you is that -- is that there is a settlement agreement. At the time that we had the meeting, I told everyone in that meeting that I would not support imposing a 10-foot wide vegetative buffer along that fence line when there wasn't one there to begin with, and so an agreement was written up despite that initially with a lO-foot vegetative buffer. Where did that come from? I don't know. But -- well, I do know. But in any event, there is an agreement here in your packet which essentially says that the vegetative buffer will be installed and it consists of a staggered double row of lO-foot gallon (sic) native plants, and it will achieve 80 percent opacity and obtain six feet in height within one year of planting. MS. ARNOLD: Actually, Commissioner, it's -- Exhibit E is the one that has the language in there that talks about just the hedge growmg. COMMISSIONER COYLE: Yes, that's right. It's Exhibit E, but it essentially says, the shrubs will achieve 80 percent opacity and attain six feet in height within one year of planting. MS. ARNOLD: Correct. COMMISSIONER COYLE: And that is, I think -- the civic association's agreed to do that? MR. SHEPARD: Either that or IA. COMMISSIONER COYLE: Okay. There's an alternative. CHAIRMAN COLETTA: Okay. We have people speaking Page 33 September 25, 2007 without introducing themselves. Step up to the mike and state your name. And you too, Michelle Arnold, you just spoke previously without stating your name. MS. ARNOLD: I'm sorry. Michelle Arnold, Code Enforcement Director. MR. SHEPARD: And I'm John Shepard, president of Coconut River Estates Civic Association. CHAIRMAN COLETTA: Thank you, sir. COMMISSIONER COYLE: And I just want to ask the question, Mr. Arnold (sic), you're saying that -- or John Shep -- Mr. Shepard, you're saying that either alternative 1 or lA? MR. SHEPARD: Correct, IA being -- lA being a solid or shadowbox fence line. We're talking about 412 feet roughly of property line, and the only native plants that were along there were like three cabbage palms, which I did cut down, and they've since started to grow back, and I'd offered it from the beginning before the first complaint was filed to replace those plants even though they were on our property. Everything else that was cut down on that property was Australian pine, and -- COMMISSIONER COYLE: Okay. So you're going to replace the vegetative buffer for the entire distance? MR. SHEPARD: Correct, either vegetative buffer or the fence line. COMMISSIONER COYLE: You're also going to limit the parking of boat trailers to the north side of that area adjacent to the boat dock? MR. SHEPARD: Correct, the -- COMMISSIONER COYLE: The hatched, the crosshatched area? MR. SHEPARD: This crosshatched, basically from here to here. Actually it's not going as far out to here. It'll probably be back to this. COMMISSIONER COYLE: And they won't be parked close to Page 34 September 25, 2007 the homes on the south end of that property? MR. SHEPARD: No. And actually, the reason -- when this complaint began, they were parked there, and I explained to the complainant prior to this that they were only parked there temporary (sic) because I had to -- because when this bank flipped over during the hurricane, we had to remove those trees, and then the bank flipped back over and I had the stumps sticking up like this far. I have yet to get those all cut so I could move the trailers to the other side like is depicted on -- COMMISSIONER COYLE: Okay. But the agreement in Exhibit E is something you're willing to live with? MR. SHEPARD: Yes, sir. COMMISSIONER COYLE: Okay. Then that's the agreement I suggest we approve. CHAIRMAN COLETTA: Okay. We have speakers, but let's first go to Commissioner Halas, then Commissioner Henning. COMMISSIONER HALAS: Commissioner Coyle, does it also -- I think it states in this agreement that if there was a fence damaged, that the homeowners group was going to repair the fence? MR. SHEPARD: That fence was damaged (sic) the day after it was damaged. COMMISSIONER COYLE: No, it was repaired -- MR. SHEPARD: Correct. COMMISSIONER COYLE: -- the day after it was damaged. COMMISSIONER HALAS: Oh, it is repaired. So it is repaired? MR. SHEPARD: Yes, sir. COMMISSIONER HALAS: Okay. All right. Thank you. That was my question. CHAIRMAN COLETTA: Thank you. Commissioner Henning? COMMISSIONER HENNING: Well, I have two things. And the first thing I need to get Mr. Weigel to help me out on. And please Page 35 September 25, 2007 don't take offense, just hear me out. Mr. Weigel, it's my understanding -- and tell me if it's your understanding -- the board did not authorize one commissioner to negotiate. What the board's understanding and my understanding is, one of the commissioners said that he was going to work with his constituents which, you know, that's his duty, to resolve issues. Otherwise, you know, this authorization, which I think is an incorrect term, would have to have meeting minutes. MR. WEIGEL: Okay. Your question is, the understanding of the board that with Mr. Coyle working with the community, this was not an authorization of the board for the board to be delegating him the authority to do anything on behalf of the board. He, I believe, and the record, I think, would show, indicated an interest to assist in the discussions that were having problems between these people, and he has done so. The agreement that's being discussed today is -- in fact, the board is not a signatory to that agreement. And so I think on all counts we do not have a problem in regard to a delegation of the board that would have required there to be minutes or noticed meetings or things of that nature because it was not a -- Mr. Coyle was not operating on behalf of the board itself. He had expressed a desire to work with the community and the constituents there. COMMISSIONER HENNING: And if -- Commissioner Coyle, if you can clarify what -- that's exactly -- you just worked with your constituents, right, to straighten out things? COMMISSIONER COYLE: That's exactly right. I haven't negotiated anything for the board. I've merely brought to the board the results of our discussions and agreement at the time I was present in this meeting. The parties involved have had meetings at other times without my involvement. But all I'm presenting to you is a proposed solution. COMMISSIONER HENNING: Correct. Page 36 September 25, 2007 COMMISSIONER COYLE: And the board then has the authority to either accept it, reject it, or change it. COMMISSIONER HENNING: Yeah. The code enforcement has presented a potential solution along with the association, and we get to pick and choose between, what is it, C and E exhibit? COMMISSIONER COYLE: Well, I believe the complainants, Michelle Mosca and David Weeks, have also presented their -- their positions on these issues, and I think the board needs to consider them all, but you have heard my recommendations. COMMISSIONER HENNING: Right. COMMISSIONER COYLE: And you can reject them or modify them or whatever you think is appropriate. COMMISSIONER HENNING: And my only concern, the recommendations -- usually it goes through a process. It goes -- dealing with our Land Development Code, it goes through the zoning department and so on and so forth. That process is not here. I -- I would like to get the input of the Planning Commission on both of these proposed settlements and maybe come up with a -- with a -- something in the middle of the road. It's really about land use, dealing with buffering in our land development code. It's dealing with a conditional use. I don't understand all the issues. I don't think the board has time to understand all the issues here today. And if we reprimand (sic) this down to the Planning Commission, I'm sure that we can get a good product back to the Board of County Commissioners. COMMISSIONER COYLE: Well, I would disagree with that. I think this is a very, very minor issue. It has been blown way out of proportion. It has gotten down to the point where it is just a feud between a couple of people. There are no other neighbors that I'm aware of who have expressed any concerns about it. It is something that has existed for a long period of time. I think we need to take Page 37 September 25, 2007 action and get this thing off the board. CHAIRMAN COLETTA: If! may. COMMISSIONER HENNING: Just one other thing. And, really, this should have been handled within community development. Since nobody has stepped up and taken that, it's come up to our level. I think that we need the opinion of -- and it states in our ordinance -- is about the Planning Commission and land use, which this is a land use item. CHAIRMAN COLETTA: If! may, you're both making very good arguments. What I'd like to do is go to the public speakers. And at that point in time, we can have a motion and then carry the discussion to the next level. Call the public speakers, please. MS. FILSON: The first speaker is John Shepard. He'll be followed by David Weeks. CHAIRMAN COLETTA: Okay. And I'll ask you, please, when you come up, to state your name for the record and to -- you have three minutes. MR. SHEPARD: Okay. John Shepard, president of the Coconut River Estates Civic Association. I wasn't aware, you know, what sort of speech I was going to do but, you know, we -- Commissioner Coyle talked about the bickering back and forth. I was hit last night with the II th hour attack on both the facts and myself personally from the complainants, and I don't know if you received a copy. I did. I got one last night around 4:30 and -- you know, where they don't support the agreement. They want us to follow the process of going back and paying for, you know, a resurvey and going through the process of, had we -- you know, from the beginning, we're missing the records. We can't find the records, but I have permits and COs for everything, to include the boat ramp, which I got last week. And I would agree with that if we had just purchased that property. Page 38 September 25, 2007 And to clarify the record, Coconut River Estates didn't actually place those amenities on the property. It was Manchester Investments, who was the builder for that community, that did that as a requirement for the community at the time, okay. So clarify that. Once again, they were saying alleged hurricane damage. The trees were all cut down because of -- an insurance company came and told us that the root systems were exposed on these trees. Ifwe didn't cut them then -- and they fell on the complainant's house -- which they're big huge ones -- then we'd be liable. That cost us $6,000 that we didn't really have. We had to come up with $6,000. We didn't want to spend the money on that but we did just to cover us liability-wise. We couldn't afford a house, but we could barely afford to get the trees cut down. Like I said, the CO for the boat launch has been completed. The big hassle about the opaque buffer, this was -- I explained to them we were going to put up some sort of buffer between the house once the trees were cut down. Except they want a l5- foot, 10-gallon pots. I've talked to a landscaper. Number one, you probably can't find that many plants, and they're very expensive. When I agreed to put a buffer along there, I was thinking ficus, like I have on my yard. You can't see through that and it's only two feet wide. Well, on this particular area right here, we have a fence that only goes three feet from the property line where the gate swings open where you can drive your vehicle in with the trailer. There's no way I can put a 15- foot buffer in there, even if that was agreed upon. And like I said, I measured it. It's 415 feet. This is obviously going to cost us a lot of money one way or another to do this. And, you know, personally I think we've been punished enough just by having to go through this process over the last year. On a membership, we're down to 80 members from 120 last year because of this entire thing. I've only got 11 seconds. I'm not going to go on with the rest of Page 39 September 25, 2007 this. But I don't know if you've received this, but I could answer any questions you have about this document that was delivered to me last night. CHAIRMAN COLETTA: We thank you, sir. Commissioner Coyle, your light's on. Did you want to -- COMMISSIONER COYLE: Oh, no. That was from before. CHAIRMAN COLETTA: From before. Okay. Thank you sir. MS. FILSON: The next speaker's David Weeks. He'll be followed by Michelle Mosca. MR. WEEKS: Good morning Commissioners. I'm David Weeks. I reside at 2125 Outrigger Lane, Naples, Florida. That's immediately adjacent to the south of the property at issue. Because of the time limitations and -- well, that's principally it, I'm going to skip a lot of what I was going to say before and jump right into a few points. First of all, when we moved to this property about nine years ago, there was a sign posted right parallel to the -- our west property line that said, trailer parking beyond this point only, and that is, in fact, where the trailers were stored on the subject property. The issue I take with the proposal here is that it would allow an intensification of use. It will allow trailers to be stored where they have never historically been stored before. That's my first issue with this agreement, version of -- that the association proposes. The second issue is that if -- it allows an alternative of a fence. A fence is not what was there before. We weren't looking at a wall as a fence represents. We were looking at native vegetation. Our objective, our bottom line objective, is to be made whole. I agree with one thing Commissioner Coy Ie said, and this should never have come before you. I agree. It should have gone before the Code Enforcement Board or the Special Magistrate if the violation was not resolved. I would also like to stress the point that we, as the complainants, Page 40 September 25, 2007 my wife and I, never took issue with anything about the property except the illegal storage of boat trailers. I agree, again, with Commissioner Coyle, this thing has mushroomed. It went far beyond the way it began. There's a reason for that. It was not initiated by me or my wife as the complainants. But I have a solution, or I think a helpful solution. We want to be made whole. Well, actually the agreement that we negotiated in Commissioner Coyle's office went beyond making us whole, and even the association's present proposal goes beyond making us whole. That is because there's the commitment to provide, be it a fence or a hedge, the entire length of their property beginning inside their gate. That goes beyond making us whole. What would make us whole is installing the native vegetation in front of our property and just beyond it to the west. So rather than 400 and something feet, it would be more like 150 feet. It would be half or less of that dimension, and that is what I would propose to you today, that you would go along with Exhibit C, what is labeled as the staff recommendation, with a specific modification to narrow that hedge location down to immediately in front of lot 5, River Reach Subdivision, my residence, and just to the west, halfway, that is to the midpoint of the next lot over, lot 4. There's more I'd like to say, Commissioners, but I can see I'm running out of time. Thank you for that consideration. MS. FILSON : Your final speaker is Michelle Mosca. COMMISSIONER COYLE: I have a question. Can I ask Mr. Weeks a question? CHAIRMAN COLETTA: Please. Go ahead. COMMISSIONER COYLE: David? MR. WEEKS: Yes, sir. COMMISSIONER COYLE: Tell me the difference between Exhibit C and Exhibit E as far as you're concerned. If you take out lA -- you said you don't want a fence. Page 41 September 25, 2007 MR. WEEKS: Correct. COMMISSIONER COYLE: If you take out that option, what's wrong with Exhibit E? MR. WEEKS: Still two things. One, it would allow them to put in a non-native vegetation buffer, and secondly, it would allow them to store trailers where they have never been stored before, and that is immediately opposite our property, and that will increase -- there will be additional noise, there will be additional glare from those, admittedly occasional times that trailers are moved after hours. It's an activity that did not exist previously. It will be intensifying, at least up to this point, an illegal land use. If they store the trailers to the west of our property where they always have been, we would be -- that would be half of the issue resolved right there, and that's what Exhibit C would require that E does not. COMMISSIONER COYLE: One final question. When we were in our meeting, we all agreed that if they would move it away from your fence, move the trailer storage away from your fence and adjacent to -- well, that crosshatched area that we see there adjacent to the boat ramp, that that would be acceptable. MR. WEEKS: Commissioner, that was never my understanding that it included in front of our property, or I should say behind our property. My understanding was that it was going to be still to the west of our property as it has historically been. COMMISSIONER COYLE: Is it the number of boat storage, boat trailers, that's causing you the problem, or is it the location? MR. WEEKS: It's the location. They have -- historically there were only about six there. Ifthere are not 20, or today it would be allowed to be 20, that's fine as long as they are located away from our property. Further to the west or further to the north, as the Exhibit C site plan shows. COMMISSIONER COYLE: Okay. Thank you. MR. WEEKS: Certainly. Thank you, Commissioners. Page 42 September 25, 2007 MS. FILSON: Your final speaker is Michelle Mosca. MS. MOSCA: Good morning, Commissioners. For the record, my name is Michelle Mosca. I reside at 2125 Outrigger Lane. Commissioners, I would not be here today if the association truly cared about their impacts on adjacent properties. The association would not have removed the native vegetation along my fence line to accommodate storage of boat trailers. They would not have graded portions of the property so as to divert water onto my property. They would not have created a visual impact similar to an industrial storage area. What they would have done, they would have left the native vegetation in place, they would graded their property with an approved site plan and drainage plan, and they would have located their boat trailers west of my lot, lot 5, as stored historically and as promised, by Robert McDaniels, who is the vice-president of maintenance or so forth, from the association, as he said he would last summer. And additionally, they would have continued to keep up the property since the code violation was filed. As you can see on the visualizer, this is the condition now of the property. This is the visual impact. This has continued from the beginning up until now. They have not mowed the property. It's well over l8 inches. I just want to make note of that. Commissioners, the focus of the discussion by Mr. Shepard has been the association impacts, financial or otherwise. I would ask you to consider the impacts to my property. Please consider requiring the association to adhere to Exhibit C as modified by the previous speaker, David Weeks, specifically the installation of a berm in native vegetation. The berm would -- the berm would divert water from my property. And I'll show you another picture of the water in May. As you can see, in May -- we have never had standing water on my property, and if you -- the previous picture showed the grading of Page 43 September 25, 2007 portions of their property. I believe this is a direct result of that. Thank you for your consideration. CHAIRMAN COLETTA: Thank you. Okay. I close the public portion of the meeting at this time. Commissioner Halas? COMMISSIONER HALAS: What do you suggest -- if we can get David Weeks and also the president of the homeowners association. Have you come to any conclusion -- so we can wrap this thing up and get it taken care of. Is there any agreement that you two can come up with at the present time? MR. WEEKS: Commissioner, I'll defer to Mr. Shepard as to the agreement, most particularly as I've asked you to modify it this morning, narrowing the scope, the range of the hedge and, therefore, lessening their cost. COMMISSIONER HALAS: What we're trying to do is get this thing taken care of, okay, so that we can move on. MR. SHEPARD: No one wants it taken care of more than me, Sir. COMMISSIONER HALAS: Okay. David, if -- what's been brought before us on Exhibit C, do you go along with that proposal, Exhibit C, as it's been presented to us, not the one that you modified this morning? Is there some -- is there some area that we can meet in the middle of the road here? MR. WEEKS: Exhibit C is the version I fully endorse; however, it's also Exhibit C that goes beyond making us whole, and that's why this morning I specifically offered the concession to make it less. I want to make sure it's clear, Exhibit C is labeled at the staff recommendation. COMMISSIONER HALAS: Right. MR. WEEKS: Exhibit E is what the civic association is asking for. Page 44 September 25, 2007 COMMISSIONER HALAS: Do you feel comfortable with the -- with what -- staffs recommendation of C? MR. SHEPARD: Not C, no, sir. COMMISSIONER HALAS: Well, Commissioner Coyle, I'm going to let you get in this fray. I'm trying to come to -- COMMISSIONER COYLE: Yeah, I understand. This is the same problem I have. You just heard something new just brought up now. It's not the first time it's been brought up. You talked about a berm now, okay. All right. Now, Mr. Weeks has not mentioned anything about a berm and the civic association has not agreed to a berm. So there are new things that keep popping up every time we talk about this. We need to make a decision. And I would disagree that we should only deal with this issue from the standpoint of Mr. Weeks and Ms. Mosca. Yes, they want -- they are entitled to have that vegetative buffer restored. There is no question about that. They've lived there for nine years. There has never been a complaint, to my knowledge, by them or anyone else when that vegetative buffer was there, but now that the vegetative buffer is there, we need a drainage plan, we need a Site Development Plan, we need a berm. You know, we need all these things. We don't need those things. But the point is that they're not the only people living there. There are other people living there. They haven't complained, but are they going to complain when the current complainants get a nice hedge and they don't? They might. So my feeling is, look, the civic association has a responsibility for screening their activities from other neighbors. If they screen it for only one neighbor, then other neighbors are likely to take exception, so why don't we just solve this for the whole area, have a hedge for the whole distance. We are concerned about a vegetative hedge that is opaque so that what you do in that -- on that lot, in accordance with the law and the code, will not disturb the other people who are sitting Page 45 September 25, 2007 there looking at it. So I still think we go with Exhibit E which, by the way, says, seen as staff recommendation. And if you don't like the idea of a fence, I'd be happy to take that out and say to the civic association, put up a vegetative buffer. That's what there was before. MR. WEEKS: Commissioner Coyle, if you'd let me, and Mr. Chairman, if that's the only option we have, then I would say yes, please do. If you're going to go with E, then please do remove the fence option. Secondly, I'd like to say, I think I know why the two neighbors to the west have not complained. They're interested in purchasing the property from the association. They've had dialogue in the past about acquiring that property, so I could understand why they would, perhaps, be timid to complain and would not want, in any way, to disrupt their relationship that they presently have. And I don't fault them for that. I mean, it would be a means for the association to raise capital and it, of course, would make those two neighbors happy to have waterfront property. COMMISSIONER COYLE: Okay, good. Thank you. CHAIRMAN COLETTA: Would you make that in the form ofa motion? COMMISSIONER COYLE: Yeah. I would make the motion that we approve Exhibit E with the exception of paragraph lA and that the civic association will put in a vegetative buffer as they have originally proposed, and that all of the structures and uses that they currently have there would be deemed to be legal. COMMISSIONER HALAS: I'll second that, Commissioner Coyle. I think you've worked very hard on this item, and I was hoping that we could find some common ground here to get this thing moved on. So I'll second this. CHAIRMAN COLETTA: Okay. Commissioner Henning? COMMISSIONER HENNING: Well, I'd like to support the Page 46 September 25, 2007 motion, but I just have concerns. Our legal staff has not signed off on this. I'm not sure of their involvement. You have a letter from our zoning and land development director stating that these uses did not contain (sic) in the original conditional use. This agreement does not refer to any particular part of the ordinance, and I just don't feel comfortable with it, and maybe we need to set up a different process to work through these issues between neighbor and neighbor if we're not going to allow different advisory boards to handle that. CHAIRMAN COLETTA: Okay. Any other comments from the commissioners? (No response.) CHAIRMAN COLETTA: Michelle, do you have something that's relative to this motion that's on the floor now? MS. ARNOLD: No, no. CHAIRMAN COLETTA: Okay. Then 1'11-- we'll ask if we've got some questions. Thank you. Any other comments? (No response.) CHAIRMAN COLETTA: Hearing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Let the record show the vote was 4-1, with Commissioner Henning being in opposition. We're going to take a IO-minute break. (A brief recess was had.) Page 47 September 25, 2007 Item #9B RESOLUTION 2007-272: APPOINTING DAVID H. FARMER AND MICHAEL R. RAMSEY TO THE EAST OF 95l INFRASTRUCTURE AND SERVICES HORIZON STUDY PUBLIC PARTICIPATION MASTER PLAN COMMITTEE- ADOPTED MR. MUDD: Commissioners, our next item, which is 9B, appointment of members to the East of the 951 -- CHAIRMAN COLETTA: Yeah, and ifI may. MR. MUDD: -- and Services Horizon Study, Public Participation Master Plan Committee. CHAIRMAN COLETTA: Fellow Commissioners, this is an item of great importance, of course, for east of 95l. And the committee recommendations are very important, because I think at all times, especially a committee of this nature, who would know better than the members of the committee who should serve on it? With that, with an additional caveat, I'd like to follow the committee recommendations for the first two people, David Farmer and Michael Ramsey, for the first and the second of the two members to fill the remaining vacant terms; however, with that said, too, we have two very good other candidates, Pat Humphries and Andrew McEmlin (sic). COMMISSIONER FIALA: McElwaine. CHAIRMAN COLETTA: McElwaine, who I'd like to ask if -- the consideration of this commission, to have them named as alternate members to fill in at times that other members are either absent or have to leave the position. This committee reaches its fulfillment in how much longer, Jim Mudd? It's only a matter of, what, six months? MR. MUDD: Commissioner, they'll be done by -- based on phase two, they'll be done by December of 2008, sir. Page 48 September 25, 2007 CHAIRMAN COLETTA: Yeah. And if we do this, this would probably avoid having to bring this back again if one or two other people do leave. COMMISSIONER FIALA: That's a year and a half from now? MR. MUDD: It's a year and a half. Christmas is right around the corner, ma'am. MS. FILSON: We -- there are no provisions in the resolution for this, so we would have to bring a resolution back. CHAIRMAN COLETTA: Okay. Is there any big consequence to do such a thing? Jeff, can you help us with this? Is that a pretty simple thing? I'll tell you why. These two people are camp followers, they've been involved in the process since day one. I'd like them to able to have all the literature and to be able to participate in the discussions even though they don't have a vote, and if an opening does come up or if someone doesn't show up for a meeting, they can help to keep a quorum. MR. KLATZKOW: Well, there's no reason why they can't show up anyway and do all of that. COMMISSIONER COYLE: That's right. CHAIRMAN COLETTA: But they don't receive the literature. And if there isn't someone there, that means that there might be less than a quorum that would be present. Just a measure I thought that would try to facility a better meeting. MR. KLA TZKOW: I think the better course of action would be just have them, they can participate in the meeting, they can get all the materials. But if you want to appoint them to the board, we're going to have to go back and do this right. CHAIRMAN COLETTA: Okay. That would require re- advertising and all that? COMMISSIONER COYLE: Uh-huh. CHAIRMAN COLETTA: Okay. And then that gets to be Page 49 September 25,2007 complicated. What I'm going to do is, I'm sure other vacancies are going to come, and I hope that these people stay with the program and that when the other vacancies come up, that the committee recommendations will take into consideration the amount of time these people have given to the effort. And so my motion remains to appoint choice number one and two, Farmer and Ramsey to fill the vacancies. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: And do I have a second? COMMISSIONER COYLE: Yes, I second it. CHAIRMAN COLETTA: Okay. We have a motion by myself and a second by Commissioner Coyle. Any discussion? COMMISSIONER FIALA: Yes. CHAIRMAN COLETTA: Yes. Go to Commissioner Fiala first, and then back to Commissioner Coyle. COMMISSIONER FIALA: Can we just instruct whoever from staff is conducting this to send them the paperwork also so they also receive it? I know that alternates, even, don't receive this information from what Sue was telling us last time on the EAC. So I thought if you could just instruct them to send that material, too. MS. FILSON: I can do that. CHAIRMAN COLETTA: Well, is -- yes. I think that would be appropriate, and I would be very pleased if we just sent an email form as attachments to these people. That would meet the needs and it would save the cost of presenting -- producing the paper document and the postage on it. MS. FILSON: Okay. I can contact the staff liaison and request that. CHAIRMAN COLETTA: Thank you very much, Commissioner Fiala. Commissioner Coyle, anything else? Page 50 September 25, 2007 COMMISSIONER COYLE: No. That was it. I fully -- I'm sorry. I fully agree with the County Attorney's interpretation here. CHAIRMAN COLETTA: Okay. Thank you very much. And with that, no other issues here on this one, so 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, 5-0. Thank you. Item #9C RESOLUTION 2007-273: RE-APPOINTING ROBERT MURRAY, TOR KOLFLA T AND ROBERT VIGLIOTTI TO THE COLLIER COUNTY PLANNING COMMISSION - ADOPTED MR. MUDD: Commissioner, the next item is 9C. It's appoint -- appointment of members to the Collier County Planning Commission. COMMISSIONER HENNING: Mr. Chairman, I'd like to make a motion to reappoint the members of the Planning Commission, which would be Robert Murray, Tor Kolflat, and Robert Vigliotti. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: We have a motion by Commissioner Henning, a second by Commissioner Coyle to reappoint the three members. Discussion starting with Commissioner Fiala? COMMISSIONER FIALA: Yes. I just noted that Mr. Vigliotti has had 18 absences. Page 51 September 25, 2007 CHAIRMAN COLETTA: I can comment on that. COMMISSIONER FIALA: Okay. CHAIRMAN COLETTA: Because I did research it, if you don't mind. COMMISSIONER FIALA: Okay, fine. CHAIRMAN COLETTA: Yeah, I called -- I was also concerned when I seen the number compared to the others. But I talked to Mark Strain about it, who's on vacation for a very brief time in Ohio, and he said that his contributions have been very important to the Planning Commission, and the meetings he missed were not the -- so much the meetings where they were making decisions, but the workshops because of conflicts with work that was taking place. And he says, as far as he's concerned, the -- it had no negative impact upon the commiSSion. COMMISSIONER FIALA: Okay. CHAIRMAN COLETTA: Any other discussions? (No response.) CHAIRMAN COLETTA: Okay. All those in favor of the motion -- I'm sorry. Who made -- Commissioner Henning made the motion. Who second it? COMMISSIONER COYLE: I did. CHAIRMAN COLETTA: Commissioner Coyle seconded the motion. All those in favor of the motion, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 5-0. Page 52 September 25, 2007 Item #9D ANNUAL PERFORMANCE APPRAISAL OF THE EXECUTIVE MANAGER TO THE BOARD OF COUNTY COMMISSIONERS - APPROVED MR. MUDD: Commissioner, next item is 90, the annual performance appraisal of the Executive Manager to the Board of County Commissioners. COMMISSIONER HENNING: Mr. Chairman? CHAIRMAN COLETTA: Yes, sir, go ahead, Commissioner Henning. COMMISSIONER HENNING: Board members individually have scored, and I know that historically, you have taken that score and figured out what the merit should be. Have you done that on this one? CHAIRMAN COLETTA: Yes, I have. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: Did you want me to go across there? COMMISSIONER COYLE: We better check his math though. CHAIRMAN COLETTA: Yes, by all means. COMMISSIONER HENNING: That's what I want to do. CHAIRMAN COLETTA: A perfect score would be 5. The actual score was 4.5, is a -- 90 percent of the perfect score rating, times $7,404, which would be the total amount if it was a perfect score, equals $6,663.60, would be that amount of the score versus the salary, or the bonus. And did you want to take it from there, Commissioner Henning? COMMISSIONER HENNING: I'll make a motion that we award the merit, lump sum, one time, of six thousand what? CHAIRMAN COLETTA: -- six hundred, sixty-three dollars and sixty cents. Page 53 September 25, 2007 COMMISSIONER HENNING: Yes, that's a motion. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: We have a motion by Commissioner Henning and a second by Commissioner Fiala. Discussion, Commissioner Coyle? COMMISSIONER COYLE: Yes. I just want to expand upon what Commissioner Henning was explaining, and that is that because of budget cuts and everything here, we don't provide salary increases. This is a recognition; a one-time recognition for exceptional performance. It does not increase salary levels, it does not continue into the future. It's not the gift that keeps giving, in the terms of the County Manager. So I just wanted to make sure that everyone understood that we do that here because we want to save taxpayer money and use it most wisely. CHAIRMAN COLETTA: Okay. And with that, 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, 5-0. Thank you. MR. MUDD: Commissioner, 9E was withdrawn. Item #9F ANNUAL PERFORMANCE APPRAISAL FOR THE COUNTY MANAGER - APPROVED Brings us to 9F, which is the annual performance appraisal for Page 54 September 25,2007 the County Manager. CHAIRMAN COLETTA: Okay. Now, in may, for your consideration, I'm going right to it. In the case of the County Manager's evaluation, 3 is a perfect score. The score that he received when it was averaged out was 2.45, which is an 81.6 approval rating, times the maximum amount, ifhe had a perfect score, of$18,203, equals $14,865.85 -- and 78 cents. That's $14,865.78. COMMISSIONER HALAS: Second. CHAIRMAN COLETTA: Okay. A motion by Commissioner Coletta, a second by Commissioner Halas. Any discussion? Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 5-0. Thank you. Item #10A REVIEW AND APPROVAL OF THE FY2008 ANNUAL WORK PLAN FOR COUNTY MANAGER - APPROVED W/CHANGES MR. MUDD: Commissioner, that brings us to paragraph 10, County Manager's Report. The first item is item lOA. It's a review and approval of the FY-2008 annual work plan for the County Manager. Commissioners, what I've tried to do in this particular issue is to update the plan so that it's -- the things that were accomplished are no longer on there, and to rejuvenate it, so to speak. Most of that happens Page 55 September 25, 2007 in the goals part, the second -- the second part, and it basically represents 41 tasks that I will be graded on, and that I will push this organization to in this FY. COMMISSIONER HALAS: Motion to approve. COMMISSIONER COYLE: Second. COMMISSIONER HENNING: Question. CHAIRMAN COLETTA: We have a motion to approve by Commissioner Halas, a second by Commissioner Henning (sic). COMMISSIONER HALAS: No, Coyle. CHAIRMAN COLETTA: I'm sorry. Commissioner Henning, did I hear you? COMMISSIONER HENNING: I said question. CHAIRMAN COLETTA: Oh, question, okay. Commissioner Coyle was for the second. Let's go with Commissioner Henning first, then Commissioner Fiala. COMMISSIONER HENNING: Thank you. CHAIRMAN COLETTA: Thank you. COMMISSIONER HENNING: County Manager, historically we have put in capital improvements by divisions, correct? Is that how you see it or -- I mean, you have -- no, transportation, you have PUED (sic) and things like that. What would you think about having questions -- because it's really about public service. It's how we serve the public, or we kind of refer to it how we serve our customers. Can we lump all those capital improvements into one and go by division about customer service or -- and what we're doing to provide what the customer wants? Is that a problem? MR. MUDD: No. I think we could do that. And I can -- I can work that particular item, and I think that's the area of number 8 under the goals, and there's four sections. There's one that has to do with roads, the one that has to do with utilities, public service, and then Page 56 September 25, 2007 others. We can work those, and I can work them by division. COMMISSIONER HENNING: Is that okay with the -- COMMISSIONER COYLE: Good suggestion, yeah. COMMISSIONER HENNING: And then we'll do that customer service report by divisions? MR. MUDD: Yes, sir, under the capital side, sure. COMMISSIONER HENNING: No, no -- yeah, just in general how we're dealing with the constituents' concerns and how you're dealing with that. Do you see any shortfalls of how you're dealing with that; to fix it so we have less complaints from the general public? CHAIRMAN COLETTA: If! may? We have the AIMS issues that we have out there that would be a very good indicator of responses that are coming back. Is that what you're looking for, Commissioner Henning? COMMISSIONER HENNING: No, no. Our job is to serve our constituents or the residents of Collier County. CHAIRMAN COLETTA: No argument. COMMISSIONER HENNING: And the County Manager is the only employee that we can assist to help hold that accountable on how we service -- serve the public. And I'm just saying, have each category of each division and how we're doing that, not so much of what we have now as capital improvements. And it is a service, capital improvements. But if we could just lump that category in, and then have another category of each division about what's being done about attending to constituents' concerns. And it could be one of them is the AIMS, which is a proactive tool to do so. Do you understand what I'm saying? MR. MUDD: Yeah, I think I -- I think I do. COMMISSIONER HENNING: Do you have a problem with that? MR. MUDD: The only -- the only issue that I have in that Page 57 September 25, 2007 particular juncture, as long as the particular item has been approved by the board to do, I -- that's not an issue. When you get into a tight budget, there's going to be times when we're not going to be able to do the improvement that the taxpayer wants us to do, and it's going to have -- it might languish for a year or two until it gets done. But as long as the item's been approved by the board and we're trying to tap in to make sure that we're being good stewards of taxpayers' dollars and we're trying to accomplish it and trying to keep the community informed as we're doing it, I don't have a problem with that. What gets to be very difficult is if we're being graded on an expectation that hasn't been approved by the board, but that's what the community wants and we can't deliver it, that becomes a little bit -- CHAIRMAN COLETTA: Yeah. COMMISSIONER HENNING: And those are more capital improvements, and I'm talking about response to constituents. And we are going to be tight on that. But as we move forward with these future budgets, which we anticipate to be less, I want to make sure that we meet the intent of what county government is all about, and that is serving the public to the best of our ability and not focusing on other parts of government that some may consider self-serving. CHAIRMAN COLETTA: Let's do this. Let's have the commissioners address just that. Your light was on first, Commissioner Fiala, probably something else. But did you want to address this? COMMISSIONER FIALA: It was something else. CHAIRMAN COLETTA: That's okay. We'll keep it on. Did you want to address this? COMMISSIONER FIALA: No. I hear what he's saying, and that is what we're all about, and I agree. CHAIRMAN COLETTA: And I do, too, but I think that we Page 58 September 25, 2007 ought to try to direct more of the concerns of the citizens that we get through the AIMS program, which I think has been an excellent way of getting a response. It's documented from beginning to end, and maybe have some evaluation done on the AIMS requests that have been done and fulfilled to see if were meeting the expectations of the public. COMMISSIONER FIALA: Some things can't be handled through AIMS though. CHAIRMAN COLETTA: Like what? I'm looking for an example. COMMISSIONER FIALA: Port Au Prince. CHAIRMAN COLETTA: Port Au Prince has been -- it's an issue that comes before the commission for decisions. COMMISSIONER FIALA: Right. But still, I mean -- CHAIRMAN COLETTA: But how would the County Manager -- I do not want him making that decision on Port Au Prince. COMMISSIONER FIALA: Well, you know, the County Manager also went in there a while back and recognized a terrible problem that they had and took it upon himself to push that forward and got it taken care of. They would have never been able to do it by themselves, nor through AIMS. And so things like that, I think, are important, when he steps in and helps the people that we're serving. COMMISSIONER HENNING: Absolutely. COMMISSIONER FIALA: And that's, I think, what you're saying, Commissioner Henning, is, you know, let us know these things, too. Many times we're aware, but sometimes we're not. COMMISSIONER HENNING: Absolutely. It's about those -- those types of issues. CHAIRMAN COLETTA: Well, did you solve the Port Au Prince problem without consulting the commission? COMMISSIONER FIALA: It was another problem. MR. MUDD: No, ma'am -- no, sir. No, no. Page 59 September 25, 2007 CHAIRMAN COLETTA: Now I'm getting lost a bit. COMMISSIONER HALAS: Yep. CHAIRMAN COLETTA: In other words, we gave you direction. Did you complete the directions; is that the question we're coming up with? In other words, you want to make the County Manager completely separate from the county commissioner where he can carry something to a final conclusion? No, I'm lost. I just want to be able to be on the same page. I'm looking always for better service. MR. MUDD: No, what we did in Port Au Prince, for instance -- and it happened when I was the public utilities administrator. Very poor part of the county was having issues with the water and sewer lines in their particular community. We had a fine, so to speak, from FDEP from probably a sewer spill. Got the Florida Department of Environmental Protection to help us with that -- with that fine so that we could use it on that particular neighborhood, came to the board, asked the board's permission to help us with those -- with the water/sewer lines and did that, and at the same time we were able to help them expand their -- the street a little bit so the kids had someplace to walk when we put in the lines, and we helped them out immensely in that particular neighborhood with that. I basically tried to do that as the catalyst to come up with a better solution for them. CHAIRMAN COLETTA: Let's go to Commissioner Halas. COMMISSIONER HALAS: Yeah. I think that the AIMS issue is a good benchmark in regards to how we respond to requests from the citizens. I know that before we started the AIMS system, that there was a multitude of problems that I was facing on a daily basis. And with the advent of AIMS, which I believe is already directed to the County Manager so he has a heads up on what's being requested on AIMS, I think that the end result has been that we have done very well as far as addressing a lot of the issues that people have. And I also find that when I meet with people on a monthly basis, ifthere's Page 60 September 25, 2007 any particular issues, we bring them back, and within three or four days, they've got an answer. CHAIRMAN COLETTA: Yeah. COMMISSIONER HALAS: So I think as far as customer service, I think that we're ahead of the game there. And I think the AIMS issue has really brought this to the light, and if you look at where AIMS started at and where it is today, we're light-years ahead of where we were a couple years ago. So I think that that's the benchmark that we need to do as far as -- CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Maybe I'm lost too. I thought that Commissioner Henning was merely suggesting that the capital improvements section of the evaluation for the County Manager be divided into functional elements that would be used for evaluation of the County Manager just -- rather than just lumping all capital improvements into one category, that there would be -- sometimes we do a better job with utilities than we do with roads or something else. And it would be good to be able to rank those things or rate those things separately in that way to identify where we thought the weakest link might be. Am I interpreting this correctly, Commissioner Henning? COMMISSIONER HENNING: Oh, just the opposite. COMMISSIONER COYLE: Oh, really? COMMISSIONER HENNING: To consolidate those capital improvement plans. But each division -- and then you have directors and departments that respond to our constituents. Is it timely and is it effective, and is it what it's supposed to be? Perfect example is, is Coconut Creek -- Coconut River, I believe it is. I think we all agreed that it really shouldn't have been on the board's agenda. Those issues should have been handled by staff. But some of these other issues -- we have an issue coming up on the agenda, I'm not sure if it's inappropriate that we approve permits Page 61 September 25, 2007 and things of that nature. So those things should be handled within the house, and are they efficient and are they effective, and are they per the board's guidance? COMMISSIONER COYLE: Well, I guess my feeling is that if we want to get fairly precise and give the County Manager more specific direction, it would be easier if we were to take capital improvements in utilities and consider that separate from capital improvements in roads and so forth, and I think we do that in most cases anyway, because that way a weak element of capital improvement isn't lost in the overall evaluation. We can at least separate it out and say, listen, you've done a good job with these others, but this one really needs some work, and give us an opportunity to rank them independently is, I think, a better way of giving the County Manager an indication of what we need to do. And like some of the other commissioners, I think AIMS works pretty darn well. COMMISSIONER HENNING: Okay. COMMISSIONER COYLE: It doesn't always get the right answer for us, but it gets a lot closer to it than what we had in the past. COMMISSIONER HENNING: That's fine. CHAIRMAN COLETTA: Commissioner Fiala, we'll go back to you now. COMMISSIONER FIALA: Okay. Two things. First, just a thorn in my side. I don't know that it's a thorn in anybody else's side. In our little IT, whenever we have a message that we answer, an email message, after we send it, we can't find it because you have to go to another part of the computer altogether to find out what you sent because it doesn't register on the email that you just pulled -- you know, you just did. Not only that, if you pull your email backup, it still doesn't register. And I've asked IT about that a few times, how come on your home computer you can see what you wrote, and how come you can't on our computer. Page 62 September 25, 2007 COMMISSIONER HALAS: Don't you have a sent? If you go down the menu on the right -- left-hand side, there should be a place that says sent items. COMMISSIONER FIALA: Yes, but don't you think it should be attached to the thing so you don't have to go through the extra steps? I mean, if our little old home computers can do it, why doesn't our computer? So I thought -- I'd just like the County Manager to look in on that, if that's okay. And they have told me that our capacity -- we don't have the capacity to do that. And I said, how come I can do it at home? And we had this big giant -- but anyway, that's the first thing. Second thing, under item D, other significant county projects, I was wondering if you wouldn't mind adding to that Pulling Boat Park. I think that that's going to be a strong push from us. I think we're all solidly behind that. And then also our parks and recreation department has been -- has been trying to put in a soccer field over at the East Naples Community Park. Actually, this has been going on -- we own the land and everything, but it's -- over the years -- and this has been on the books for many, many, many years, back in the '90s, still no soccer field has been built. Now the price is too high. Maybe there's a way that we can do something with grants or something to finally get a soccer field in that -- in that park. All of the soccer players live right there, and it would be a nice thing to do. And so ifthere's any way you can assist our parks and recreation department in pushing that forward, I would appreciate it. Thank you. CHAIRMAN COLETTA: Let's go back to Commissioner Halas. COMMISSIONER HALAS: No. I'm all done. CHAIRMAN COLETTA: Okay. Any other directions for the County Manager at this time? CHAIRMAN COLETTA: What do we need here at this point in time, to approve your -- Page 63 September 25, 2007 COMMISSIONER HENNING: You have a motion and a second. CHAIRMAN COLETTA: Okay. Do we have a motion? COMMISSIONER HALAS: Yeah, I made the motion. COMMISSIONER FIALA: You already have one. CHAIRMAN COLETTA: Okay. I'm sorry. Forgive me. It's been a little while. COMMISSIONER HALAS: Commissioner Coyle seconded it. CHAIRMAN COLETTA: Okay, thank you. I have a motion by Commissioner Halas, second by Commissioner Coyle. All those in favor of the motion, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 5-0. Thank you. MR. MUDD: Commissioners, and just for -- the last comment on that particular item. I want you to know that that is the most detailed work plan of any County Manager that I know of, okay, in Southwest Florida. You saw in the paper where the Lee County, County Manager gets rated on nine items. The Charlotte County Manager gets rated on six. The Sarasota guy gets rated on seven. So you have put a lot of detail in this work plan, and it does a benefit, because the whole organization takes that work plan, okay, and they take it with their strategic plan that basically permeates its way all the way through the organization. So it is a good tool. CHAIRMAN COLETTA: Okay. COMMISSIONER COYLE: Well, that's because the Board of County Commissioners sets such high standards in expectations for Page 64 September 25, 2007 our staff. CHAIRMAN COLETTA: You had to get that in. Okay, fine. We have a time certain, Mr. Mudd. Item #10D CONSIDERATION OF AN AMPLIFIED MUSIC PERMIT FOR A COMMERCIAL ESTABLISHMENT KNOWN AS STEVIE TOMATO'S SPORTSPAGE RESTAURANT AND SPORTS GRILL LOCA TED AT THE SOUTHWEST CORNER OF COUNTY ROAD 95l AND IMMOKALEE ROAD AND CONSIDERATION FOR A LAND DEVELOPMENT CODE REQUIREMENT FOR ANNUAL TEMPORARY USE PERMITS FOR OUTDOOR SERVING AREAS - MOTION TO DENY AND STAFF GIVEN DIRECTION FOR CHANGES TO LDC - APPROVED MR. MUDD: Yes, sir, and it's lOD, and it's consideration of an amplified music permit for a commercial establishment known as Stevie Tomato's Sports Page Restaurant and Sports Grill located at the southwest corner of Collier Road 95l -- or excuse me -- County Road 95l and Immokalee Road, and consideration for a Land Development Code requirement for annual temporary use permits for outdoor servmg areas. And Ms. Michelle Arnold, your Director of Code Enforcement, will present. MS. ARNOLD: For the record, Michelle Arnold, Code Enforcement Director. This item is being brought to you because of the sensitivity within the neighbors and this particular business. We had received an AIMS issue some time ago regarding the inadequate sound barrier located at the shopping center described as Stevie Tomato's, or actually Pebblebrook PUD. It's located at 951 and Immokalee Road, the southwest corner. Page 65 September 25, 2007 The complaints were that the noise emanating from the Stevie Tomato Restaurant and Sports Grill were bothersome to the adjacent neighborhood. We do have a site plan that identifies, you know, the approximate location of the shopping center in relation to the residential. The shopping center is located at the -- yes. The shopping center is at that corner piece within that PUD right there, and the surrounding residents that are concerned with the noise emanating from the Stevie Tomato's bar is just along this portion right here. My staff has been working with the Sheriffs Office, along with the neighbors and the business owner -- that's probably a better, more zoomed-in picture -- to try to resolve the issues and the concerns. Part of the efforts that we've done was we've had several meetings with all the parties involved. We've also coordinated the preparation of a noise analysis for that area. The noise study was paid for by the parties involved. The county had nothing to do with that portion of it, but coordinated the efforts to get that done. We had a meeting with all the parties, and the consultant that prepared the report provided several different recommendations as to what could probably mitigate the concerns of the neighbors. The report attached to your executive summary. It's attachment B. The commercial establishment agreed to do one of the alternatives. And let me back up a little bit. The noise consultant went out and actually made measurements, but the report looked at a worst-case scenario, not necessarily what occurred while she was out there testing, but what could n possibly the noise could be at its highest, and then her recommendations were a result of that worst-case scenario in terms of what would mitigate the noise. The consultants agreed to erect a wall, or at the time of the meeting they agreed to erect an eight-foot wall no closer than -- no further than five feet away from the development or the establishment, and they have submitted permits for a wall. The wall, however, is not Page 66 September 25, 2007 an eight-foot wall. It's a four-foot wall with shutters that have acoustical noise prevention. And we did check with the consultant, and the consultant said that that is equivalent to the eight-foot wall that you recommended in the study. As I said, the permit has been issued. The wall and the acoustical shutters have not been erected. The only thing that is awaiting that commencement of construction is the issuance of this amplified music permit. And the county's holding off issuing that permit until the actual construction occurs because we don't want the impacts on the neighbors to be there without the assurance that the wall is actually going to be there. In addition to this, the county's also looking at amending the Land Development Code to address outdoor entertainment areas or establishments with the outdoor seating areas. That proposed amendment has been vetted through your Planning Commission and will be brought before you. The actual attachment that was included with this executive summary has been modified slightly again from the Planning Commission, but this is something that you will be seeing and considering at your Land Development Code Amendment Meeting. And also, you all have authorized staff to look at amending the land-- the noise ordinance to make sure that it's meeting our needs, so this is going to be coming back to you at a future date as well. But the item that is before you today is a consideration of whether or not to issue an amplified noise permit for the Stevie Tomato establishment. That's all I have. CHAIRMAN COLETTA: We have three commissioners that have some questions to ask. We'll start with Commissioner Fiala and go to Commissioner Coyle, then Commissioner Halas. COMMISSIONER FIALA: Thank you. So what we do today actually sets a precedent, doesn't it, for the rest of the county? Page 67 September 25, 2007 MS. ARNOLD: Well, our noise ordinance allows for the issuance of amplified noise permits for any establishments that are -- that will have amplified noise or amplified sound. My department issues those permits annually. Thus far this year we've issued, I believe it's 46 for the year 2007. COMMISSIONER FIALA: For amplified music? MS. ARNOLD: Yes. COMMISSIONER FIALA: Okay. In here it says until the wall is constructed, and I had a question marked down here, is it an eight- foot wall. You just answer that had question, but I think that -- I think that definitely we -- the rest of the -- all that code mentions is an eight-foot wall, as I read through it. And so I think we should adhere to the code and make sure that they have an eight-foot wall, too, and the acoustical things to top it off. MS. ARNOLD: Well, this is -- this is outside our building code. This is -- the eight-foot wall that was recommended was as a result of that noise study that was done. COMMISSIONER FIALA: That's what I was reading, okay. MS. ARNOLD: Right. COMMISSIONER FIALA: I've got this thing all marked up. A few other things. It was noted that no restrictions on the hours of operation are in this PUD, so they can amplify music anytime and all the time? MS. ARNOLD: There are no restrictions to the operations of that establishment, correct, or any in that PUD. COMMISSIONER FIALA: I think we need to adjust that somewhat. And I also noted in here that -- about transfers, that a permit can be transferred to any person. Doesn't say within that establishment. It says to any person, and it will be administratively approved. So if somebody has an establishment and they go out of business but they have this permit, they can transfer it to somebody embedded right in somebody's neighborhood for amplified music Page 68 September 25, 2007 according to this. MS. ARNOLD: Well, that -- yeah. And what you're referring to is the proposed amendment for outdoor seating area. That's something that's not in effect right now. COMMISSIONER FIALA: I see. MS. ARNOLD: But the annual music permit is for that particular site and location, and it's not transferable. COMMISSIONER FIALA: And it's not -- I was just going to say we should add that, but it's not transferable. And when you say administratively issued one-time permit. One time doesn't mean for one-time use, it means forever, right? One-time permit. They don't have to come back again? MS. ARNOLD: Right. COMMISSIONER FIALA: And they don't have to come back each year? MS. ARNOLD: And again, that's referring to the proposal that is really not something that you're considering today. COMMISSIONER FIALA: Yes, but it is, because it's in -- it's in the documents here in our proposal and says -- it says that one time only. I just want to add that if it's one time only, I think they ought to be coming back once a year just to check in. Ifwe -- if we're having a lot of trouble with them, then we need to readdress whether they can keep that permit or not. One thing about putting some limits and strongholds on it is people have a tendency to obey the laws and care about their neighbors a little bit more when there's some teeth into the thing. Let me see. I'll let somebody else do this for now. I've got a lot more questions, but I've asked enough for my turn. CHAIRMAN COLETTA: Yeah. Of course we'll come back to you. Commissioner Coyle? COMMISSIONER COYLE: I would just like to pursue this Page 69 September 25, 2007 statement that it should be noted that no restrictions on hours of operation or restrictions on outdoor seating has been incorporated in this PUD. Does that mean there is nothing in our code at all which deals with either of these issues, outdoor seating and amplified music? MS. ARNOLD: There is in the noise ordinance that language dealing with amplified music. COMMISSIONER COYLE: Okay. MS. ARNOLD: Yes. But there's -- COMMISSIONER COYLE: But is it done from the standpoint of -- well, what I'm trying to get at is, if you approve a business establishment to conduct business within a building, does that give the business establishment the unilateral right to move outside the building to conduct their business, or must they -- must they seek approval from someone? MS. ARNOLD: I think it would apply -- I think I'm going to have to refer this to Susan. But I think it would depend upon the zoning ordinance or the PUD document what would be permissible. COMMISSIONER COYLE: Okay. And PUD documents vary, so if it's in the PUD document it means we don't have a uniform code for it; is that right, Susan? MS. ISTENES: Yes. Susan Istenes, for the record. You're correct, Commissioner, all the PUDs are different. In this case, just for your information, outdoor seating is typically considered an accessory use to a restaurant, and they would have to -- if they added additional seats after the fact, they would have to have adequate parking to address those additional seats. Normally that's not a problem in a shopping center type of situation. COMMISSIONER COYLE: But do they have the right to proceed with the accessory use without getting approval? MS. ISTENES: Approval would come in the form of administrative approval through a Site Development Plan or Site Page 70 September 25, 2007 Development Plan amendment. COMMISSIONER COYLE: Okay. MS. ISTENES: Yes. It would not require a public hearing. COMMISSIONER COYLE: Okay. MS. ISTENES: Approval in this case. It's not going to be -- obviously if a PUD prohibited outdoor seating or had hours of operation and they wanted to exceed that or do something different, then that would obviously require a public hearing. COMMISSIONER COYLE: Well, there are two issues here. Number one is the outdoor seating or expansion of the services provided by the restaurant and sports grill, and then there is the amplified music aspect. Let's take first just the outdoor seating and the expansion of services beyond the confines of the building itself. Is there anything in the code which requires administrative approval or any other kind of approval before people can do that? MS. ISTENES: That would be reflected on their Site Development Plan, so yes. COMMISSIONER COYLE: Okay. But if it's -- if it's not part of the PUD and the Site Development Plan, it means they can do it without seeking approval, or they would need to seek approval to do it if it's not part of the PUD and on the Site Development Plan? MS. ISTENES: In the case of restaurants normally that's just considered an accessory use. So what you'll see in a PUD document is you'll have your list of permitted uses, and then generally under that list, you'll have a list of accessory uses and you'll typically see very typical language that says accessory uses that are commonly associated with those uses permitted by right in the district. COMMISSIONER COYLE: And do those accessory uses require any approval from government whatsoever? MS. ISTENES: Just administrative. COMMISSIONER COYLE: Just administrative. Page 71 September 25, 2007 MS. ISTENES: Correct. COMMISSIONER COYLE: And what are the guidelines for administrative approval of an accessory use? Is it compatibility and that sort of thing? MS. ISTENES: In this case -- well, yeah. There's -- first, well, let me segregate. First you're going to have the site plan requirements. So, for example, provided they can meet all the accessibility, fire safety, parking, like I mentioned, those would have -- requirements would have to be satisfied, and then you're going to have somewhat of an administrative decision to be made as to whether or not that's a typical accessory use. And in the case of restaurants, that's just been the standard application of that provision. COMMISSIONER COYLE: Okay. Now, we move to amplified music approval or permits. They are or are not required to get a separate permit for outdoor entertainment or amplified music? MS. ARNOLD: Yes, they would. COMMISSIONER COYLE: Okay, okay. MS. ARNOLD: According to the noise ordinance, and that applies countywide. COMMISSIONER COYLE: Now, is the person who conducted the noise study here? MS. ARNOLD: No, unfortunately she's not. COMMISSIONER COYLE: Okay. Is there anyone here who can describe how the one-minute average noise level was calculated and how was the five-minute average level of noise calculated? MS. ARNOLD: I'm going to refer to my expert here. Gary Dantini with my office probably can explain to you exactly what happened. COMMISSIONER COYLE: Okay. MR. DANTINI: Good morning. How are you all? For the record, Gary Dantini, Collier County Code Enforcement Supervisor. I am a county certified noise specialist. Page 72 September 25,2007 And the way that the readings are done, this particular reading was done, is the one-minute and the five-minute are exactly the same, it's just the duration of the time frame. And what it does is takes the highs and the lows through that whole spectrum and averages them out as far as what the -- what the noise was at the end of those different intervals. They also take the peaks and the valleys of those noise readings and -- so that you have a complete record of what the highest and what the lowest were because there's also background noise that happens. And so they take the average of all the readings through that one-minute or five-minute period of time, so they're exactly the same. COMMISSIONER COYLE: Now -- and the conclusion of the noise study was that, if I remember correctly, is that the nighttime noise in the residences where complaints had been issued was no greater than what might be expected within a house during the evening hours anyway? MR. DANTINI: During that particular reading at that time, exactly right. The readings were quite low at that time. COMMISSIONER COYLE: Now, that equates to a level of sound that is two people talking quietly or, perhaps, whispering? MR. DANTINI: Normal conversation is around 50 decibels, 50. COMMISSIONER COYLE: Yes. But at nighttime in the bedroom, the levels they measured were generally those that could be expected if people were talking in low tones in the house, in the bedroom? MR. DANTINI: That's correct. COMMISSIONER COYLE: Okay. Now, here's the fallacy of the noise readings. And I've had a lot of experience with this when we've been monitoring noise of the Naples Community Airport for the past 10 or 15 years. When people average noise events, they don't take into consideration the peak noise, and it only takes a peak noise Page 73 September 25, 2007 periodically. Maybe once an hour there's a peak noise. There are people applauding when somebody makes a touch down while they're watching television, and a peak noise once an hour, if averaged over the entire period of time, would be almost insignificant, but it would be very disturbing to the people who heard it every hour while they're trying to sleep. So first of all, I do not accept the conclusions of this noise study for that reason and for other reasons. The building of a wall will not reduce that noise to the extent that it needs to be reduced. I live six blocks from the Third Avenue South shopping district in Naples and they have entertainment there, and I can tell you that six blocks of buildings and trees and hedges and everything else does nothing to attenuate that sound. And I don't think an acoustic wall of any kind -- and I don't think this is an acoustic wall that we're looking at here -- will do that either. So my feeling is that, number one, when people apply for a business permit for a building, then they're applying for the right to do business in that building, not to expand outside and to do something else. If you want to do that, then you have to come in for another permit. If it's not on our books, we ought to be putting it on our books. And with respect to sound, amplified sound permits, I do not support exterior amplified sound anywhere near a residential area, and I don't believe that there is any reasonable way to mitigate that problem. So I just want to let you know where I am on this process. That are a lot of establishments in Collier County that have caused a lot of concerns for residents, and we need to get a handle on it and we need to get some codes established that will permit us to control it. MR. DANTINI: And generally -- I'm sorry. CHAIRMAN COLETTA: Oh, I'm sorry, sir. Go ahead and make your comment. Page 74 September 25, 2007 MR. DANTINI: I was just going to say that generally what creates the biggest problem as far as the noise is the base. The base will pretty much go through just about anything. COMMISSIONER COYLE: Oh, I understand that. MR. DANTINI: And once they turn down the base, we seem to eliminate a majority of all our complaints on them, but it's the base that really affects the quality of life as far as the residents. CHAIRMAN COLETTA: Yeah. Ifwe can keep moving this right along. We still have seven speakers too go. Commissioner Halas? COMMISSIONER HALAS: Yes, Gary, this individual that was the consultant and reading the information that was provided in our agenda here, I pretty much took that that this person was looking at basically the speech intelligibility range, which is somewhere around 200Hz to 5,OOOHz? Okay? That's basically where people speak. And obviously you can address that with acoustics, whether it's drapery or whatever else, some kind of -- something that you can shelter that particular sound in that particular range. But when we get into the base area, you and I know, both, that we've gone out at night and taken measurements, and when we give these permits for amplified music, we end up whereby we have this base that you talked about, that sits there and just thumps away. And you can take all sorts of sound measurements because they are taken on the A-weighted scale, they meet the criteria, but yet the people that are living close by, it drives you nuts because it perm -- it goes right through the walls. There's no way of attenuating this base. And I think that's the biggest problem that we have here. I have no problem with outdoor entertainment or outdoor seating for a restaurant, but I do have a problem whereby you have people out there that are hollering and screaming at night. And as you -- as was brought up by Commissioner Coyle, I believe that your averaging of the over a one-minute span is basically RMS averaging. It's not peak Page 75 September 25, 2007 averagmg. So ifthere could be a point in time where somebody over that one-minute -- that one-minute period hollers loudly -- but what you capture is the average of that one minute in duration, and so, therefore, you're not really capturing the peak average of that duration of that particular sound, as Commissioner Coyle brought up. So I have some problems with that, but I understand that that's in the criteria that we presently have within Collier County, and I think that's where we need to address some of the issues. On the other issue, I think that we need to look at looking at maybe the C-weighted network where it rolls off at the low end but it doesn't roll off to where, at 20Hz, you're down 55 dB if you look at an A-weighted scale. And I think -- this is what is the factor that causes the most concern for people. And the other thing that I have a concern with is where residents have been established for a period of time, and all of a sudden, there's been a change in the PUD and all of a sudden they bring in a sports bar, and then they want to have outdoor entertainment, and this infringes on those people, because they were there first. This isn't like an airport issue whereby the airport's been there for years and these people move in there. This is where the people are in a nice area, a residential area, and they end up being subjected to this noise. And, of course, this goes on till two o'clock in the morning. And I really have a problem with that, so -- CHAIRMAN COLETTA: Okay. Let's keep moving along. I've got a couple questions, sir, and then we're going to go to Commissioner Henning, then back to Commissioner Fiala. To permit amplified music, does that mean they don't need a permit to be able to just play regular instruments without amplifying it? MR. DANTINI: That's correct. They can have -- CHAIRMAN COLETTA: Whoa. So in other words, if they Page 76 September 25, 2007 refuse the permit, they can go ahead and still play the music in these people's back yards without a wall or any other provisions; is that correct? MR. DANTINI: If it's not amplified, that's correct. CHAIRMAN COLETTA: We've got to change that. That's not going to work. Okay. Now another question I've got. MS. ARNOLD: But it doesn't -- it doesn't mean that they can exceed the limits identified in your noise ordinance. CHAIRMAN COLETTA: No, and I know that. And when you average it out, the whole business. But if you only fire a gun once every five minutes, you're definitely still disturbing the people's peace and quiet. I think that's one of the basic parts of our Declaration of Independence, Constitution, you know, the pursuit of happiness and peace and tranquility. That's just one of the things that we expect. There's one other question I got, and I don't want to lose it before I do. The -- what we're going to have now, if you put up the walls and you allow them to have amplified music, will the situation be better or worse than it was before, if you were a resident in one of those houses? In other words, what you're experiencing at this point in time with the background noise, the talking, the other possible musical instruments that they mayor may not be playing, I'm not too sure on that, to be able to say, okay, now we've got a wall up, we've got drapes up, we've got this, now we're going to go to amplified music. What is going to be the net results for the person that's living next door? COMMISSIONER HALAS: Can I try to give you a -- if you have amplified music -- and tell me ifI'm wrong on this -- if you have amplified music and if you're in the speech intelligibility range, there's a very good possibility that you can shelter that. But if you're down around 31Hz, which is really low, there's no protection. You can put up any kind of wall you want. It'll just go right through it. CHAIRMAN COLETTA: Okay. Let's do this, let's go to Page 77 September 25, 2007 Commissioner Henning, Commissioner Fiala, and then I'd really like to get to the speakers. Commissioner Henning? COMMISSIONER HENNING: Thank you. Legal question. Since staff has given out 46 permits this year for what we're being asked to consider today, if the board denies it, what's our risk? MR. KLA TZKOW: Well, at the end of the day, the applicant would have the ability to bring us to court for a Writ of Mandamus basically asking for a court to order us to issue the permit. That's probably the likely result. Could they seek damages? Maybe, but it's very speculative. So that's probably what you're looking at. If you deny the permit, they'd have to consider whether or not it's worth the cost to go to court to compel us to issue the permit. COMMISSIONER HENNING: Is it based upon -- I mean, I just see a -- problematic if the board denies this. Can we give direction to staff of what to do to -- MR. KLATZKOW: Commissioner, you have no criteria to deny this, okay. There is nothing here that you can look at and weigh to deny this the way our ordinance is currently constructed. We can change the ordinance and take care of it that way. And my understanding, these permits all expire at the end of the year anyway so that the time they could use this is relatively short. But at the end of the day, if you decide to do this, they would have a cause of action. COMMISSIONER HENNING: Well, my concern is, my understanding about this issue, there were (sic) supposed to be a wall there. Now, I'm understanding it's a short wall with shutters. Are these shutters -- are they fixed shutters or are they movable? MS. ARNOLD: They're movable. COMMISSIONER HENNING: So I don't know what we're accomplishing. MS. ARNOLD: Well, I guess you could ask the property owner Page 78 September 25, 2007 that. I mean, they're here to -- COMMISSIONER HENNING: What's the ability of our staff when they consider an SDP under the PUD ordinances in its use, do they have the ability to locate those uses for compatibility reasons within that ordinance or that PUD? MR. KLA TZKOW: I think initially this particular use was supposed to be way on the other side of the development, and at the last second it got shifted here, for reasons I'm not entirely sure of. I think Susan could address that better. COMMISSIONER HENNING: Yeah. But that's not our decision is SDPs, or should we be looking at SDPs, give more public involvement? MS. ISTENES: Hopefully I'm answering your question. COMMISSIONER HENNING: Thank you. MS. ISTENES: We -- within this PUD in particular, there is no authority granted to staff to make -- to render administrative discretion as to where a use can be located. It's just simply listed as a permitted use in the PUD and they can essentially locate, to the best of my knowledge, anywhere. COMMISSIONER HENNING: Well, I'm in favor of giving you that authority to make sure that the compatibility issues -- because when we look at a zoning ordinance, we're looking at compatibilities. And then when we have a use within there that is a -- problematic with the neighboring property, this may have been resolved if it had a locational. And that's -- MS. ISTENES: I wouldn't disagree. COMMISSIONER HENNING: You know, we need to do that. I mean, we need to give you more authority to locate whatever uses within the PUD. I don't know how to do that, if we can get some assistance. The second thing is, the noise study was said it was conducted for code enforcement, but you're saying it was not conducted for code enforcement; that's a false statement? Page 79 September 25,2007 MR. DANTINI: Yeah. That was incorrect. It was done for the COMMISSIONER HALAS: Petitioner? MR. DANTINI: -- business and-- COMMISSIONER HENNING: Okay. So we didn't cut a check for it? MR. DANTINI: No, we did not. COMMISSIONER HENNING: Okay. MR. DANTINI: We just facilitated it. We were kind of the mediators and kind of a try-to-be-neutral as far as what -- the citizens and the property owner. COMMISSIONER HENNING: Right. Thank you. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER HENNING: Commissioner Henning asked a question; I'd like to follow up on that. You're saying that we cannot deny this? MR. KLA TZKOW: No. You can deny it. What I'm saying is if you do it, you're taking a risk that the owner here might bring suit. COMMISSIONER FIALA: I see. Okay. Second question -- I have three questions. Second question is, was that noise study taken with -- did they already have amplified music that the noise study could be taken from? MS. ARNOLD: Let me -- the establishment had turned off all of their amplified noise as -- at -- you know, trying to negotiate through this process. We received complaints from them, and they had televisions, and I don't know what else. MR. DANTINI: They had the music going on. MS. ARNOLD: And music at that time, doing that without a permit. COMMISSIONER FIALA: So in other words -- MS. ARNOLD: They've since stopped all that. So the noise study that was taken, or the analysis that was taken, none of that was Page 80 September 25, 2007 in place. COMMISSIONER FIALA: Did not include amplified music? MR. DANTINI: May I correct that just -- statement just a little bit. What we -- I was present at the time that they were doing the study. And I requested that they turn on the TV s and also turn on the music so we could get a better understanding as far as what the effects were to the residents. It was done. It was St. Patrick's Day evening, and they had some other things going on, March Madness as far as the basketball games, so -- but it was -- happened to be a pretty quiet night and -- yeah, as far as patrons were concerned, there wasn't -- it wasn't full capacity at all. COMMISSIONER FIALA: Yes. And then it says here that, being that there wasn't much noise at the time, they only took one -- let's see. How did they say it? But the noise levels from Stevie Tomato's were not high enough at the time to justify measuring the additional four tests, so they only took one of the five tests. So without amplified music in the first place being part of the test, and then being a quiet night, we really don't have good results from this test; is that what I -- MR. DANTINI: The one that was taken in the evening had -- the amplified sounds were turned on at that time. COMMISSIONER FIALA: How can they have amplified music if they don't have a permit? MR. DANTINI: They -- I requested that they just do it for a few minutes while we take -- for the test. And that was -- that was just to turn it on so we could get a better idea of what -- COMMISSIONER FIALA: Boy, iff were the owner and you requested me to put amplified music, I'd sure make sure it's nice, soft amplified music. MR. DANTINI: Well, they had -- I was in there when they turned on the volumes to where the marks were where they normally Page 81 September 25,2007 keep the music at. Not to say that that's where it would be all the time, but at that time that's where they put them. COMMISSIONER FIALA: Okay. And the last thing is, can we -- is there something that we can do to say, to moderate -- to modify this somewhat and say they could have inside, behind-close-door amplified music, just not outside? MR. DANTINI: They can do that already. COMMISSIONER FIALA: Okay. Thank you. CHAIRMAN COLETTA: Do you feel like you're on the losing end of something? COMMISSIONER FIALA: Well, you know, there's a lot of things we need to change. CHAIRMAN COLETTA: Let's do this -- COMMISSIONER FIALA: The eight-foot wall, we need to change that. We should say that it needs to be behind closed doors. We should have some time limitations, restrictions on the hours, definitely, and it should -- it should come back to us once every year, or to staff anyway, to address to see if there have been complaints from them. CHAIRMAN COLETTA: IfI may. We -- was the petitioner going to come forward also and talk? MR. MUDD: Yes, sir. CHAIRMAN COLETTA: We're running into a time thing. I'm going to ask my other two commissioners that are waiting to speak to hold their comments just for a little bit. Let's hear from the petitioner at this time. Let's get to the speakers and see if we can come to some sort of resolution on this. Don't go too far. MR. DANTINI: Okay. Thank you. CHAIRMAN COLETTA: You undoubtedly have been following this conversation. You know that there's great concern. MR. BROOKER: I have, thank you. For the record, Clay Brooker, with the law firm ofCheffy, Passidomo, Wilson & Johnson, Page 82 September 25, 2007 who represent Pebblebrook Page, Incorporated, which is the entity owns -- that owns Stevie Tomato's Sports Page at the subject location. As a preliminary matter, I want to touch on the whole lawsuit threat and so forth. We have not threatened to sue, but we do question why and how we are actually standing here today. We don't believe the BCC has authority to hear this under existing law. The law that says that an amplified music permit is administrative in nature. The staff neither admits it nor denies it pursuant to whatsoever -- whatever's in the code. And whatever is in the code right now, we meet. That code also includes an enforcement process. That enforcement process is, upon the first violation, assume an amplified permit is issued. We violate the noise ordinance. We are brought before code enforcement and, perhaps, found guilty. We pay a fine. Ifthere's a second violation, our amplified music permit is automatically revoked. That's the existing law. That's the law we're relying upon today. So for the record only, I must object to being called here today before the BCC. Having said that, we are here in the spirit of continued cooperation. We'd had numerous meetings. We are agreeing to do a lot of things above and beyond what the code requires. We are willing to erect a sound barrier structure, which has already been permitted by the building department, if the amplified permit is, in fact, issued. Please understand that neither the county on its own, which has visited the site numerous times above and beyond the noise study, as well as the professional noise consultant, has found us in violation of any law, including the noise ordinance when the amplified noise was playing at the request of the county. The sound barrier structure we have agreed to install if the amplified music permit is issued is designed by a professional consultant to satisfactorily address the noise generated by a loud Page 83 September 25, 2007 factory where employees are required to wear hearing protection. The professional consultant freely admits that comparing -- comparing the anticipated noise from Steve Tomato to a loud factory is, quote, extreme, and it is, quote, very unlikely that that level of noise will ever emanate from Stevie Tomato's. Nevertheless, we're agreeable to erecting a sound barrier structure designed to address this unanticipated level of noise. A few final comments. In reviewing the staff report and the package that was sent to the BCC -- the staff report and in the package that was sent to the BCC, it appears that some of the neighbors' frustration lies with the developer. A wall was not created. They're asking for a wall back there along the dumpster and so forth. We're not the developer. We are a tenant. As such, we have no right to do anything beyond the confines of our leased commercial space. This is a mixed-use PUD that's been in existence for over a decade. There has been commercial permitted next to this residential area for over a decade. That commercial, that PUD in terms of the commercial uses allowed includes gas stations, hotels, eating and drinking establishments and so forth. So I ask you to take that into consideration. I've heard, we're here first. But I know when I bought my house I looked to see what could go on around me. What is around me -- Commissioner Coyle, you mentioned about the fact you live six blocks away. I live adjacent to an industrial zoning district. I can hear the music in the morning. Do I have a leg to complain about it? Absolutely not. I'd also like to submit for the record over 800 signatures of people, many of which reside in the community we're talking about, Pebblebrook Lakes, in support of the amplified music permit, and I'll leave that here for the record. And a couple, two final quick comments, and then I'll try to answer questions. Actually three; I just thought of a third. Page 84 September 25, 2007 Number one, we did not expand beyond the commercial space that was rented to us. We carved it out. Number two, I've heard a lot of statements about the noise study, some of which I believe are not correct. So we rely on the noise study as written. And by way of example, the noise study was conducted in the back yards of these adjacent residential homes. And the fourth or fifth one that was skipped or not done was because they measured it at the front of the house. And after measuring it at the front of the closest lot, the noise was -- you couldn't hear anything at all. So according to the noise report, that's why she said, I didn't even bother going down to the further lots that are an increasing distance away because the closest I got to, in that location, I couldn't hear a thing. So that's why she didn't do some extra studies. But she did do the required studies under the existing law, as I read the report and upon which we rely. My final comment is, the wall. What was suggested as a sound barrier to dampen a loud factory noise was an eight-foot wall somewhere in the landscaping area outside this outdoor eating area. What we have suggested is pulling it closer, which the consultant says would work better, and it would be combined with what you see up on the screens now. It's combined; a four-foot wall with shutters. These are solid kind of plantation -- they look like plantation shutters, but they are solid. And when closed, they act, according to the professional, equivalent to an eight-foot wall right there as if you re-enclosed this space. So this is -- as a matter of fact, the professional consultant was the one who gave us the name of the manufacturer of these shutters. So we went to her to determine what would be best in this scenario. So what we believe we have -- we believe what we're proposing and what's actually been permitted by the county today is better than what the study shows. And with that, I'll answer any questions you may have. Page 85 September 25, 2007 CHAIRMAN COLETTA: Okay. Questions related to the presentation just made. Let's start with Commissioner Halas if you have questions to ask. COMMISSIONER HALAS: Sure. CHAIRMAN COLETTA: And then Commissioner Coyle and then Commissioner Fiala. COMMISSIONER HALAS: You say when the shutters are closed. If we make a stipulation that those shutters have to be closed at all times, when there's music being played -- MR. BROOKER: We will agree to closing the shutters at all times after seven p.m. I guess I scared him away. No, I didn't. COMMISSIONER HALAS: The problem is that I think that the -- we'll have to listen to the other people here, but I think the problem is that -- I know in my district, I've got a number of probl -- sound complaint problems because of the fact that they bring in bands, and I guess is what they want to do is bring in a band; is that right? MR. BROOKER: What I'm told is, not a band. It would be a single guy playing back in the corner. You can't see on that map. But if -- COMMISSIONER HALAS: Do we have assurances that there won't be any driving base? MR. BROOKER: I'm not as -- I'm not as knowledgeable as you are on hertz and intelligible voice ranges, but we're not -- we're not playing base-type music. This is more of a family-type establishment, so it's not going to be a base-driven band, if that -- COMMISSIONER HALAS: But you know what I'm talking about, the younger generation that has the driving base, and you've probably been associated with it when you drive along a road and somebody pulls up at a stop light and about blows you out of the car even with all the windows rolled up, and his windows rolled up, or her windows rolled up. And that's the problem that -- even though it may Page 86 September 25, 2007 meet the criteria, it's still very, very disturbing, especially when somebody's trying to sleep at II o'clock at night. MR. BROOKER: No. We'll stipulate to such thumping, driving base, if that's a defined term. COMMISSIONER HALAS: Well-- and the only other problem is that we need to get after our noise ordinance and we need to look at other -- like instead of using the A-weighted scale, I think we need to look at a C-weighted scale, and I think we need to look closely at addressing these issues. And I have a question for staff. Of the 46 permits that have been given, how many of these have been located right next to a residential neighborhood? MS. ARNOLD: I can't -- I can't answer that, Commissioner. They're throughout the county. Some may be adjacent to residents, but I don't know the exact number. COMMISSIONER HALAS: Okay. I think that's something that I'd like to find out myself, just as -- as some criteria in regards to knowledge level of what we're -- where we're putting all of this amplified music. I don't have a problem with it when it's in an area that there's a large dividing factor between a neighborhood -- residential neighborhood and the commercial area. But when you're right adjacent, then I've got a real concern about it. CHAIRMAN COLETTA: Okay. Commissioner Coyle? COMMISSIONER COYLE: I'm going to wait till we finish with the speakers. CHAIRMAN COLETTA: Okay. Sir, is that your presentation? MR. BROOKER: Yeah. CHAIRMAN COLETTA: Okay. We may call you back with some questions. Thank you very much. Let's go to the speakers. MR. BROOKER: Thank you. CHAIRMAN COLETTA: When you come up, please state your Page 87 September 25, 2007 name for the record; three minutes for each speaker. MS. FILSON: The first speaker is Dianna Lutz. She'll be followed by PJ. Obrecht. CHAIRMAN COLETTA: Also, too, if you like, if the person before you covered everything that you thought needed to be covered, you have the option to waive. MS. LUTZ: For the record, my name is Dianna Lutz. I'm one of the residents at Pebble brook Lakes community. I reside at 285 Spider Lily Lane. Our home, as you can see, the second from the right, lot 111, is actually adjacent to the Pebblebrook Lakes commercial plaza. More specifically, our home is located just 150 feet from Stevie's Tomato's Sports Bar. The bar opened up in last November, and afterwards opened an outdoor area, not enclosed. And the bar often hosts entertainment such as broadcasting of sports events, bikers' night, live entertainment, and the noise, with cheering, shouting, bikers, a lot of exhaust system, boom cars that emanate from the bar between the hours of 11 a.m. to 2 a.m., have tested the patience of the residents. The residents have been deprived privacy, peace, and quiet enjoyment of their homes. Our homes have been invaded by unwanted noise disrupting our serenity. Let me give you an example. If you are somewhere and it's loud and noisy, you have a choice to go home, but we are at home. The picture that I will -- maybe I can show it here or I can pass it around -- illustrates the extra measures I had to take in order to provide for a relatively good night's sleep under the current circumstances, without even the permit being approved for amplified music. I had to move from my own bedroom into the guest bedroom. I have to use, on a daily basis, ear plugs. And in addition to that, I have to stack all of those pillows in front of the window to actually try to buffer the noise emanating from that establishment. I really strongly urge the board not approve the permit for outside Page 88 September 25, 2007 amplified music submitted by the bar owner of Steve's Tomato's, and I respectfully thank you for your consideration. MS. FILSON: The next speaker is PJ. Obrecht. He'll be followed by Cindy Obrecht. MR. OBRECHT: Good morning. My name is PJ. Obrecht. I live at 293 Spider Lily Lane in the Pebblebrook Lakes Development. If you want to put that back up, I can show you where our home is quickly. This is our residence here. I have a visual aide. It's about a two-and-a-half minute video that I think will answer all your questions as to whether or not they should be allowed any kind of amplification, from last November when they were playing music without a permit, and I'd like to play that for you now. I don't know if you have a volume control somewhere. Oh, if anybody's offended by foul language, you may want to leave the room. CHAIRMAN COLETTA: That goes for the viewing audience, too. At this point in time, you may want to turn your set way down. When I wave my hand, that's the all clear. While she's setting this up, I will say this is two-and-a-half minutes cut down from over four hours of video that I've shot over the last II months since we've been dealing with the ordeal of this outside bar being opened up at Stevie Tomato's. And for the record, I object to being here today as well. CHAIRMAN COLETTA: If it's going to take a few minutes, I could bring another speaker up and give you more time to set up. MS. FILSON: The next speaker is Cindy Obrecht. CHAIRMAN COLETTA: Oh, no. Here we are. MS. FILSON: Here we are. MR. OBRECHT: That's not this. This is what's going on there. It's horrible, deplorable. (The video is being played at this time.) Page 89 September 25,2007 MR. OBRECHT: Okay. Well, this is our lanai door. I'm going to come out and open up the lanai. This is what we're looking at. Plaza with the lights. MR. OBRECHT: There are some subtitles also that you'll see coming up for dates and times and what was being said in case you can't hear it. MR. OBRECHT: "What do you think of that, Buddy? Yeah, it's pretty nice, isn't it?" MR. OBRECHT: Having the bar here also subjects us to this noise every morning and evening and afternoon. Here we're being taunted by one of the employees of the bar. And I thank you for your time. CHAIRMAN COLETTA: All clear. MS. FILSON: The next speaker is Cindy Obrecht. She'll be followed by Walter Bruno. MS. OBRECHT: Hi. Cindy Obrecht. I think that video speaks volumes for what happens to our family. Those are my sons on there, and we are submitted to that or subjected to that every day and every night. And we're limited on the access we can have to our pool and our lanai. We can't open our windows when it's cool outside because you never know what's going to happen, whether it's daytime or nighttime. I think that we're not only talking about live music. I think we're also talking about sound on the TV s for sporting events, correct? Is that also under live entertainment? So that's every -- that doesn't matter if it's one o'clock on a Sunday afternoon, eight o'clock on a Friday night, it doesn't matter. There's going to be noise all the time. So I'm sorry I'm getting emotional about that, but I think the other people will have more to speak on that. Thank you. MS. FILSON: The next speaker is Walter Bruno. He'll be followed by Greg Rearden. MR. BRUNO: Good morning. For the record, Walter Bruno, Page 90 September 25, 2007 288 Spider Lily Lane. And that's opposite Dianna Lutz's house. 1 had a bunch of stuff, but I think you guys did a good job on covering it all. What I'd like to bring to your attention, when they had a community meeting for this rezoning, Karen Bishop, who represented the developer, said at the meeting, you won't see it, you won't hear it, you won't even know it's there. And they've failed on all three counts. Thank you. MS. FILSON: Greg Rearden. He'll be followed by Adam Cohen. MR. REARDEN: Hi. My name is Greg Rearden. I want to thank you for allowing me to come today, and I thank you for your comments. I do recognize that you are also homeowners. You also have some of the similar problems that we're facing as well. I would like to just show you -- I'm about five houses down. I'm probably the furthest (sic) away from all of the others that have already spoken. I cannot go out on my lanai as well. We're limited to what mayor may not happen at the bar. You know, there's a lot of screaming, a lot of -- and I just want to bring up one quick point, is that when the study was done for the noise level, I was there at the time it was conducted, and that was probably four or five o'clock in the afternoon, if I remember correctly. And at that time, that's not usually when most of the crowd noise is there. What you have heard, as you can see, is mostly at nighttime. Again, as Cindy has spoken, it's -- we are not able to open up our windows and enjoy the beautiful paradise weather that we're -- have paid to be here for, and we're subjected to this. And, again, we were here first, and then the shopping center got brought in. The zoning, we're not even going to bring that up today. But I do know something about audio/video. And I do know that, as you can see behind us, there is also a preserve. And just from common sense, you get out in the middle of the woods and you just start yelling, you Page 91 September 25, 2007 hear all the echoing. The echoing in the woods in itself is just amplified just all by itself, just from the woods itself. It's terrible noise. It's hard to sleep at night. Even with my TV on at night, you can still hear the noise coming from the bar with all windows and all doors closed. I really wish you would consider not approving this. And thank you also for looking into the applications of other permits that go on throughout the county. I know that we're not the only one in this county that suffers from this. And thank you for your time. MS. FILSON: Next speaker is Adam Cohen. He'll be followed by Clay Brooker. MR. COHEN: My name's Adam Cohen. I'm at 298 Spider Lily Lane. Right here. My house is one of the further ones away from the noise, and you can still hear it in the front of my house. I do take exception to some of the things that the attorney for Stevie Tomato's brought up, is that, yes, we were there first, however, that -- their property was supposed to be residential. The -- it was changed to commercial and then it was changed to having a bar out there, which is also not a problem except that they made this outside bar. And, you know, we brought up all this as an accessory. I submit to you that this is no longer an accessory to this bar. This is the primary function of this bar is to be outside. I would love to see the detail between the outside sales and the inside sales of this bar. You know, I'm not all that affected by this. It's really not that big a deal in my household. I can't hear it that badly. You know, most of my house is behind. My lanai -- my house blocks the noise, but if I was these folks, I'd be real -- I'm upset for them. I mean, some of these folks, I've -- the first time I met them was last night trying to get organized for this meeting. I don't normally get all excited about community things. I just thought this was one of the more important things we needed to deal with. Thanks. Page 92 September 25, 2007 MS. FILSON: You final speaker, Clay Brooker. Oh, I don't have a slip for you, sir. MR. SMALL: I gave you one. MS. FILSON: Okay. Go ahead and speak, and maybe it's on a different item. Oh, you put 100. I have it. MR. SMALL: Okay, sorry. Thank you. My name is Jeff Small, thank you, and I live at 308 Spider Lily. I live next to Adam. And I don't know if I can -- MR. MUDD: Point on this. MR. SMALL: You actually can't even see my house. It's just cut off from that. And my house actually, like most of the members that face this barrage of music, my house is sideways, so it does absorb most of blow; however, I can hear it in my house, and occasionally I like to go to the lanai and watch a football game as well. I know you've got some experts here on sound studies. Let me suggest to you and give you my sound study. There's a difference in crowd noise between the Miami Dolphins playing the Tampa Bay Buccaneers and Dancing with Stars. And when it is loud, it is loud and I can hear it, to the point where I have to take my kids in the house. So I don't know how each house kind of stands up to the noise, but I seem to be the furthest away. And ifI can hear it, 1 know it's miserable for them. I would also say, I don't -- I don't know how we got here. I don't know government. I don't know code. I don't know how a bar gets put in and can throw out that amount of music directly into somebody's back yard. But it seems just illogical to me, just as a neighbor, that we're even sitting here and we can all acknowledge there's a tremendous amount of noise, swearing, bottles, toasting, loud talking and screaming and saying, the best thing we could possibly do is to now light off an amplifier on top of all that. So it's completely Page 93 September 25, 2007 illogical in my mind. And I would suggest to you that we do not grant the permit. Thank you. MS. FILSON: Clay Brooker. MR. BROOKER: I had initially -- Clay Brooker, for the record. I had initially signed up as a public speaker. I didn't know I was going to be called up earlier, so that's why I'm here again. But I assume you'll have some questions of me, so I'm not duplicating my time. But the property upon which all this commercial exists has been zoned that way since 1996 at a minimum. I didn't check further back than that. CHAIRMAN COLETTA: Okay. Well, what we'll do, sir, is if we have any questions, we'll address them to you. Thank you. Since you already had a chance to speak. What we're going to do now is go into deliberations. Commissioner Henning, you were first, Fiala, then Coyle. COMMISSIONER HENNING: Well, what I heard on the video was -- really didn't address the application of a -- amplified music. I mean, we got a problem when we have children in their own home without amplified music having to be subject to this kind of stuff in their own home. I can tell you, I wouldn't put up with it with my child, and I don't know why this is not being enforced. Wow. You know, I don't think we should take action on this item. I think we need assistance from the County Attorney with the evidence that we have on that video to see what we can do to enforce the peaceful enjoyment of family. Wow. This is shocking to me that this has been going on. Shocking. CHAIRMAN COLETTA: I'm sorry. Commissioner Henning, could you -- you know, you're asking for County Attorney's advice. Please ask for it, and maybe you can form it into a motion. COMMISSIONER HENNING: We need to direct the County Attorney to see what -- the rights of these people, these residents, take a look at this video that this gentleman produced, and get their rights Page 94 September 25, 2007 back, that's what -- the direction we need to do. I don't think we need to take any action, period, on this one. But also, 1 think it was 2003 or '4, the gentleman was right, this was multifamily zoning, and it was changed. The Board of Commissioners was petitioned to make that change. We did with specific uses. One of them was a restaurant with alcohol. Of course, you know, our staff is going to have to take a look at that ordinance and what was committed on the public record and enforce it. CHAIRMAN COLETTA: Okay. Commissioner Fiala, then Coyle, and then Halas. COMMISSIONER FIALA: Yes. I think that we ought to investigate why -- while you're doing that, what can we do to insist or demand that an eight-foot wall that has some kind of sound absorption in it is erected immediately to protect these people? They lived there first, and they're not even protected. And then people in the bar make fun of them because they can't sleep and they have babies? It's just disgusting. And why are they open till 2:30 in the morning? Aren't they supposed to be closing at two o'clock? Why isn't that looked after? MR. MUDD: Ma'am, they -- I had that little conversation before about hours of operation. They have to close the bar by two o'clock. COMMISSIONER FIALA: That's what I thought. MR. MUDD: Okay. But it doesn't say they have to close the establishment at two o'clock. They have to quit serving alcohol. COMMISSIONER FIALA: So, in other words, people could buy three or four or five more alcoholic beverages -- MR. MUDD: They could line them up. COMMISSIONER FIALA: -- and just sit there and consume them till four in the morning. MR. MUDD: They probably could, ma'am. And that -- one of the reasons this is here, this is problematic. This has been problematic for over a year. Page 95 September 25, 2007 There was -- there was a lot of discussion between the neighborhood and the bar about as far as a wall is concerned, sound, in order to try to get that done. We are at a point in time where the sound wall is ready -- it's ready to -- it's been permitted. The owner won't put the wall up unless the county guarantees the outdoor amplified music permit. COMMISSIONER FIALA: Well, the thing is, that wall is a movable, sliding wall. What good is -- four foot. MR. MUDD: Ma'am, I'm not -- I'm not arguing that point with you at all. There's an issue, and there's a bigger issue, and the bigger issue is, there's going to be more of this as the county builds out, has infill, and different issues. We've talked about our sound ordinance for a long time, a noise ordinance. And in this particular case, when you start talking about distances from amplified music places to where residential is, we need to talk about different levels of sound, and we need to -- we need to strengthen that particular ordinance up in order to prevent this from happening in the future. Commissioner Henning had a good idea, giving the planning staff, when the SDP comes in, make sure those uses are farthest away from the residential area. I'm not too sure being farthest away in this particular case, based -- when I saw the video, is really going to happen a lot because there are people that are farther away from -- the Lutz's home that -- that still hear it. It's an issue, and we have it, and it's one that's going to -- and I know Commissioner Halas has had several of these up in his part, in his neck of the woods. Ma'am, you had it one time in your -- in your district, and there's some things that we need to get after, part of which is some direction to staff in order to tighten particular issues up at the board's desire. COMMISSIONER FIALA: And following up on that -- and then I'll get off this subject and let somebody else speak, but -- and Page 96 September 25, 2007 somebody here said that their property was 150 feet away from -- you said that. Okay, Mrs. Lutz said that her property's 150 feet away, yet our ordinance, different parts of it, some of it's 1,000, some is 2,500, some is 5,000. How did a bar even get permitted to be built that close to other homes? So that's another thing to be looking at. (Applause.) CHAIRMAN COLETTA: Okay. I want the commission to focus on the fact that the issue before us -- while we can always direct staff to come back with other items -- is to either approve or disapprove this amplified noise permit. With that we're going to go to Commissioner Coyle. COMMISSIONER COYLE: Yeah. I think we need to understand one thing. When you have a business establishment that permits that kind of behavior by its patrons and its employees, you cannot trust it to have a soundproof wall, particularly if they can open it up, you can't trust them to make sure that the amplified music is turned down to an appropriate level. You cannot trust people like that to abide by any restrictions we place on them. Now, I would be perfectly happy to make a motion to disapprove this thing. And if this business owner wants to take us to court, then I'd be happy to show that video. COMMISSIONER HALAS: You make that a motion, sir? COMMISSIONER COYLE: I make that a motion. COMMISSIONER HALAS: I second it. CHAIRMAN COLETTA: We have a motion by-- COMMISSIONER COYLE: Then as part of that motion, I also would like to provide guidance to staff to come back to us with Land Development Code changes or codes that will regulate these things in the future so that we have an appropriate control over these things. And I would say to you that I want to go as far as limiting outdoor seating, limiting amplified music. You've got a good start with the draft amplified music permit, amplified sounds of any kind, Page 97 September 25, 2007 quite frankly. I don't care whether it's music or anything else. But it's noise. And I would like for you to come back to address all of the issues that the commissioners have raised today concerning this topic. COMMISSIONER HALAS: Commissioner Coyle -- CHAIRMAN COLETTA: Before you go. You -- what Commissioner Coyle said was part of a motion directing the staff. Do you agree? COMMISSIONER HALAS: And I -- yes. And I'd like to ask Commissioner Coyle to ask one other thing, and that is to have staff look at other communities that have used the C scale. And I think they've done it in a way that this helps eliminate a lot of the problems that we have. If they would make -- look into that, if you'd put that in your motion to look at the C-weighted scale on the sound level meters. COMMISSIONER COYLE: Well, I don't mind. I don't care what they consider. I just want them to come up with a solution to the problem. But I'll tell you it is not all just frequencies. It's amplitude at different frequencies. COMMISSIONER HALAS: That's why -- COMMISSIONER COYLE: I mean, we can have high amplitude noise at higher frequencies that is just as disturbing, a jet turbine engine as an example, as a low frequency noise boom box. So we need to look at the entire spectrum to make sure that we're -- we are measuring these noise sources in a way that address what people are hearing and what's disturbing our residents. COMMISSIONER HALAS: That will -- that will do it. COMMISSIONER COYLE: Okay. So, yes, I would be happy to include any measures that will attempt to get control of this issue. CHAIRMAN COLETTA: Let's go to Commissioner Henning, then Commissioner Fiala, then hopefully we'll take a vote. COMMISSIONER HENNING: Well, the amplified noises or music permit doesn't address what we heard on the video. COMMISSIONER COYLE: That's right, it doesn't. Page 98 September 25, 2007 COMMISSIONER HENNING: Or seen. To me, I think that's a bigger issue, and that needs to be addressed. And Mr. Klatzkow is shaking his head, so I think it will be. MR. KLATZKOW: You're right. We'll work with staff. COMMISSIONER HENNING: Thank you. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Well, that's exactly --let me follow up on that and say, is there something, as you work with staff, that we can do to now protect these people who live there from this constant, horrible noise and swearing and so forth such as a wall? Is there some way that we can go back and insist the developer or the restaurant build an eight-foot wall? MR. KLATZKOW: I think we're going to go back, we're going to relook at the PUD, we're going to relook at the -- what was said to this board during the entire process. COMMISSIONER FIALA: Good. MR. KLATZKOW: And we will vigorously see if we can find solutions. COMMISSIONER FIALA: When he says that, he does mean vigorously. Thank you, Jeff. Okay. CHAIRMAN COLETTA: Okay. With that, we have a motion, we have a second. 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. And with that, ladies and gentlemen, we're going to break for one Page 99 September 25, 2007 hour for lunch. Be back here at 1: 15. (A luncheon recess was had.) MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, Commissioners, you have a hot mike. CHAIRMAN COLETTA: Welcome. Next item, Mr. Mudd, is our time certain. MR. MUDD: Okay. Just -- because we just heard a phone, if you could make sure your phones are off, that would help a lot. CHAIRMAN COLETTA: Yes. Cell phones, pagers, all turned off, put them on vibrate. COMMISSIONER COYLE: Hearing aids. Item #7 A RESOLUTION 2007-274: PETITION: CU-2004-AR-6904 MINING VENTURE, LLC., REPRESENTED BY R. BRUCE ANDERSON OF ROETZEL & ANDRESS, IS REQUESTING A CONDITIONAL USE ALLOWED PER LDC SECTION 2.04.03, TABLE 2 OF THE A-MHO AGRICULTURAL ZONING DISTRICT FOR EARTHMINING. THE SUBJECT PROPERTY, CONSISTING OF 2,576 ACRES, IS LOCATED EAST OF IMMOKALEE ROAD, APPROXIMATELY 2 MILES NORTH OF OIL WELL ROAD- ADOPTED W/STIPULA TIONS MR. MUDD: This brings us to 7 A, and this item requires that all participants be sworn in and ex parte disclosure be provided by commission members. It's petition CU-2004-AR-6901, Mining Venture LLC, represented by R. Bruce Anderson at Roetzel & Andress is requesting a continual use allowed per the Land Development Code section 2.04.03, table 2 of the A-MHO agricultural zoning district for earth mmmg. Page 100 September 25, 2007 The subject property consisting of2,576 acres is located east of lmmokalee Road, approximately two miles north of Oil Well Road. The subject property is located within Section 35 and 36, Township 47 south, Range 27 east, and all of Section 1 and 2, Township 48 south, Range 27 east, less road right-of-way for County Road 846 which is Immokalee Road, Collier County, Florida. CHAIRMAN COLETTA: Fine. Anyone that wishes to participate in this agenda item, please stand at this time to be sworn in by the court report. Wow, we're going to lose a lot of people when this is over. (The speakers were duly sworn.) CHAIRMAN COYLE: Thank you. And it also requires disclosure on the part of the commissioners. Let's start with Commissioner Coyle. COMMISSIONER COYLE: Mr. Chairman, I have had meetings with the petitioner and petitioner's agents, I have correspondence, emails, and telephone calls, and all of that is included in my disclosure folder here. CHAIRMAN COLETTA: Thank you, sir. Commissioner Halas? COMMISSIONER HALAS: Yes. I've had correspondence, emails and phone calls, and still getting the emails at the present time. I've also talked with staff on this. I was supposed to meet with the petitioner, but there was some extenuating circumstances whereby we weren't able to do that so -- but all my information's located in this folder if anybody would like to look at it. Thank you. CHAIRMAN COLETTA: Okay. And I've had numerous meetings, many correspondence, large number of emails and some phone calls. I've also talked to staff. I've been to the site, talked to the petitioner, talked to the residents. Commissioner Fiala? COMMISSIONER FIALA: Yes. I've had meetings and Page 101 September 25, 2007 correspondence and emails and phone calls and I've met with the petitioner and his agent and I've been out to the site and I listened and witnessed a blast. CHAIRMAN COLETTA: Fine. Commissioner Henning? COMMISSIONER HENNING: Thank you. I did do a site visit. I received some -- or the board received correspondence from our staff. I received some phone calls. I met with the petitioner. I've received numerous emails. That's it. CHAIRMAN COLETTA: Very good. Now, for anyone that wishes to participate in this, you need to fill out a speaker's form, which you'll find out at the -- find at the front desk. Fill that out at this point in time if you haven't filled it out and turn it in to Ms. Filson up front, and we'll make sure that we call on you. Ms. Filson, how many forms do you have at this time? MS. FILSON: Thirteen. CHAIRMAN COLETTA: Okay. So I'm sure there's more than 13 people here that -- so if you haven't signed up, I'll allow you a little more time to do so. And with that, Mr. Mudd, let's get right into the presentations. MR. MUDD: Yes, sir. It would be -- the petitioner would be up front, and that's Mr. R. Bruce Anderson, MR. ANDERSON: Good morning, Mr. -- or good afternoon, Mr. Chairman, Commissioners. My name is Bruce Anderson from the Roetzel & Andress law firm on behalf of the applicant. First of all I'd like to introduce the client representatives that are here today. Mr. Don Barber from the State Road 846 Land Trust, which owns the property and Damon Jones from Jones Mining, which manages the mine. There -- as a preliminary matter, there is a specific item in the staff report that I want to clarify. On page 1 of your executive summary under the conditions it says, the applicant wishes to rescind the original and amended conditional uses. That should read, wishes to Page 102 September 25, 2007 amend the prior conditional uses. Earth mining was first approved by the county for this property in 1999. The property consists of four sections of land totaling approximately 2,576 acres. Within the property, the mining boundary would be expanded to 1,091 acres, which is still less than half the size of the property. Blasting was approved by the county for the existing mine area in June, 2006. At that time we said the applicant would be back before you for phase two, and this is phase two. Within the 1,091 acres of the expanded mine boundary, blasting is proposed to be limited to a smaller area of 658 acres. It would be prohibited in the remaining 1,900-plus acres of mine and non-mine lands. This 1,900-plus acre is known as the no-blast zone. The creation of the no-blast zone on and around the mine area was in response to feedback received at the neighborhood information meeting held in August. The first neighbor information meeting was held in May, 2006, with the phase one application. A third neighborhood meeting not sponsored by the county was held on September 19th. The no-blast zone map was passed out at that meeting. Notice of this meeting was sent to those who had signed in at the August meeting for additional information. Bruce Tyson will further address the no-blast zone in his testimony. My client has also sought to address other concerns that were raised at the neighborhood meeting by limiting the period of blasting to five years after the expanded excavation permit is issued. The concern that we heard most expressed before and after the neighborhood meetings was the need to have a localized procedure for people to file claims for blasting damage and to get resolution of those claims locally instead of having to go to the state. At the Planning Commission, my client proposed the formation of a citizens committee to select independent engineers to investigate Page 103 September 25, 2007 and make a report and findings on blasting damage claims. That citizens committee has been formed and has already met once to begin the process to select engineers to investigate and make findings on claims. Some of our biggest critics are now on that committee. Damon Jones of Jones Mining will tell you more about the committee and other public outreach methods that they are using to communicate. Another measure my client has taken, again, in response to the neighborhood information meetings -- well, actually before them -- was to propose smaller blasts but more of the smaller blasts, 18 instead of 8. This is done to reduce vibration as will be testified to by Jeff Straw of GeoSonics, a blasting and vibration specialist who has previously testified before you. You will probably be surprised, as I was, to learn that the blasts are so quick, milliseconds, that over the five-year period blasting would continue, the total length of all the blasts will be less than a half an hour over the five-year period. That puts things in perspective; 30 minutes in five years to blast out rock that the county and the community need for road building. Certainly, approval of this application is very much in the public interest. You can only mine where the rock is, and the Growth Management Plan further limits mining in the lands of the rural fringe to receiving lands. This property is designated as receiving lands, and this is one of the few areas in the county left where mining is both allowed and where there is actually something to mine. This property is one of only two receiving areas where it has been confirmed that suitable mining material exists for road building purposes. I am advised by the mine operator that the material here consists of both fill and aggregate suitable for road building. But in order to get to the aggregate, a blasting permit is needed. My client and the county have received some complaints that Page 104 September 25,2007 allege blasting has caused damage. I want to address that issue up front. First of all, one of our witnesses, Mr. Jeff Straw, will show you that all of the blasting at this mine has been well below the state limits and the county limits which are stricter than the state's limits. Every time a blast occurs, the county has an inspector on site to measure and monitor the blast. The Florida Statutes set forth a remedy for people to seek monetary compensation for damage alleged to be caused by blasting. All who have notified my client that they think blasting has damaged their home are given notice by my client of that right and where they have to register the complaint. It's my understanding that there is no charge to file such a complaint; nonetheless, concerns were expressed that there needs to be a local procedure to handle allegations of blasting damage, and with the creation of an engineering selection committee made up of citizen volunteers, my client is establishing a voluntary local procedure for independent investigations of blasting damage claims where the independent engineer will issue findings to the property owner, the mine, and to the county. Jones Mine would pay the services of the independent engineer selected by the property owner from the list approved by the citizens engineering selection committee. If the independent engineer finds that damage was caused by blasting, the mine operator would have to repair the damage or phase revocation of their blasting permit. Nothing would prevent the homeowner from seeking money damages pursuant to the state statute instead of repair if that's what they choose to do. You will probably hear complaints that the old management of the mine provided unsatisfactory responses some of the time. New management has been brought in, a member of the Jones family, to run the Jones Mine. Things have been different since the change and the actions that the Jones' have taken to respond to residents are evidence of that change. Page 105 September 25, 2007 I would like to note in the staff report that my client has agreed to the transportation condition of $1 per loaded truck charge for road maintenance beginning at the first of the year. Mr. Tyson will further discuss other specific conditions that we propose a modification of or to eliminate inconsistencies. The Planning Commission recommended, and my client agreed, to have the blasting approval come back for a full review by the Planning Commission and this commission one year after the amended excavation permit has been issued. We respectfully request that one year as an opportunity for Jones Mining to demonstrate that the changes and actions that they have taken to address residents' concerns are working. I appreciate your attention. We'll be available for questions, and I'll ask Mr. Tyson to come up and quickly go through the site plan and the conditions. MR. TYSON: Great. Thank you, Bruce. Good afternoon, Commissioners. I am Bruce Tyson. I'm a certificated planner and a landscape architect with WilsonMiller here in our Naples office. First of all, just to get everything into perspective, take a look at the plan that's in front of you, and this is the 2,576-acre four sections of land that is just north of Orangetree and where Immokalee Road does have a north/south orientation. All of the access into this location comes from Immokalee Road just north of the property line. You can see that spot highlighted on the map. Phase one, as well as -- which has already been approved, and phase two, highlighted in the hatching, is exactly the permits that are before you are being requested today. The EAC, CCPC, and BCC approved the initial conditional use for this original mining project in 1999. Just one year ago both the Planning Commission and the board modified the conditional use to allow blasting, deeper excavation, and processing of rock within the Page 106 September 25, 2007 boundaries of the existing mine site, or phase one that exists today. And today we are here to discuss the expansion of the mine site. Phase one of the project consists of 626 acres that includes 73 acres of accessory uses consisting of water management ditches, access roads, berms, the island in the center of the excavation, and all but the actual area of the mine is 553 acres. Phase two will add 528 acres of mining area. All of the expansion area is on land that has been previously cleared or disturbed by agricultural activities, and the plan keeps at least 200 feet away from any wetland to meet the requirements of the South Florida Water Management District's regulations. As Mr. Anderson indicated, we have held two information meetings with the neighborhood since the Planning Commission hearing. Normally the noticing requirement for projects outside of the urban area is 1,000 feet. However, because the noticing distance for blasting operations is calculated at 3,100 feet, we decided -- and by the way, in addition to that, because of the irregularities that we have in creating radii and getting precise, that distance was taken out to about 367 -- or excuse me -- 3,677 feet both for pre-blast surveys and the commencement of blasting notices that have to be given to the property owners. So we chose, when we did this neighborhood information meeting, to notice everybody, the people with both improved property as well as the people who just simply own property for all those landholders that are 3,680 feet from the property. Using this criteria, the county's appraiser's office gave us 1,629 property owners, and we used the county's labels to send out these notification letters for the August 21 st meeting. Approximately 55 people attended that meeting. During this meeting, we received comments about issues we could not -- or that could not be directly answered without additional study and, therefore, we invited all attendees back to another meeting Page 107 September 25, 2007 on September 19th, last Wednesday night. Approximately 22 neighbors attended this meeting. We discussed modifications to the mining program, provided a framework for the establishment of the committee to select the independent investigators who assess potential damage, and we addressed residential well issues and other related mining items. I would like to highlight some of the mining program commitments made at the first neighborhood meeting. These were, no more than 18 blasts per month, no more than 1,680 holes blasted per month, and no more than 24 seconds of blasting initiation per month. Then after listening to the neighbors at the August 21 st meeting, we discussed the following at the September 19th meeting. As Mr. Anderson said, we've agreed to a no-blast zone, and I want to go through this to show you exactly how significant this is on the property. There will be no blasting closer than 2,240 feet from any property line adjacent to the residences, which is over six times the minimum distance allowed in the county's blasting ordinance which, by the way, is 350 feet. That one spot that you look on the map is directly on the -- in the southeast property facing the east property line. Other than that, there will be no blasting closer than a half mile to the property line adjacent to residences. That distance is over seven and a half times the county's minimum requirement. This perimeter no-blast area adjacent to the residences will mean only 60 percent of the total mine area will be subject to blasting and over 75 percent of the total property will fit into that no-blast category. Most importantly, the blasting program will last no longer than five years. The calendar and -- the calendar and the monthly average blast velocity will average 60 percent below the intensity allowed by the county's ordinances. Our client listened to the neighbors and made these significant program modifications which seemed to be appreciated by them at this meeting. Page 108 September 25, 2007 You have received a staff report recommending approval of the conditional use. There are a few recommendations and corrections that we would -- we would like to suggest. On pages 47 through 50 of your agenda. And you have 37 of them, I believe. I would just like to go through and clarify these and hopefully make it a little bit more easily understood. To number 5, after the word neighborhood, add and account for changes in weather conditions. Then it continues, air blasts shall not exceed a maximum limit of 120, not 110. If you'd like, you can add the letters dBI after the 120. By the way, the 120 dBllevel results in a 78.5 percent reduction from the maximum that is allowed in the county's explosive ordinance. That's very significant. In number 6, after the A add calendar monthly average, .2 inches per second. This monthly average is 60 percent -- is a 60 percent reduction from the maximum threshold allowed by county's ordinance. On number 19 the last number should be 20, not 9. And in 20, to be consistent with condition number 8, blasting activities shall not exceed 18 times per month. Lastly, the EAC's approval was granted with nine stipulations. Their recommended condition of approval, which is your number 33, in that, the EAC requested a littoral shelfbe created around the entire excavated area and that 10 percent of the future lake circumference be planted with littorals 25 feet. This, by the way, would create about 2.6 acres of planted area. This request by the EAC is not a requirement of the Land Development Code since it is not contemplated that this future water body will be any part of a storm water management system, and consequently we objected to that stipulation. The objection was offered not only because this is not a requirement but, secondly, we were concerned that the effort would be wasted, particularly with the potential for a three- to four-foot annual fluctuation in the water table Page 109 September 25, 2007 that would make it difficult for the littoral plantings to survive. So we searched for an alternative. One solid basis for a littoral area is as a replacement of the farm ditches that have been in existence for some time and offer a food source for wading birds that are within the phase two excavation area. We measured the length of those ditches and found out that there were 4,600 lineal feet of them, and at an average width of five feet, it translates into about 5.3 total acres. The applicant is willing to provide a 5.3-acre planted littoral shelves and pools area, which is twice as much as the EAC requested, which would be suitable as wading bird habitat and within the existing or the future -- the created future lake area. The exact location or locations and the cross-sections of these foraging habitats will be determined in consultation with the permitting agencies, and instead of waiting for the end of the project for these littorals to occur, it will be started as soon as the water table is stabilized within the area. The goal is to provide a substantial replacement area, and that is very important, and not only that, but we think we'll have a much better opportunity for survivability and actually function like it should. Consequently, we are suggesting striking the language in paragraph 6 of the EAC's recommendation, but also your condition of approval number 3 and replacing it to read, provide 5.3 acres of planted littoral shelves and pools suitable for wading bird habitat within the created lake. Construction of the littoral area will commence no longer -- no later, excuse me, than two years from the approval of the conditional use and will be finished within five years of said approval. I'd like to introduce Jeff Straw, seismologist and vice-president of GeoSonics, our blasting consultant. COMMISSIONER HENNING: Mr. Chairman? CHAIRMAN COLETTA: I'm sorry. Commissioner Henning has a question now. COMMISSIONER HENNING: On the changes in the Page 110 September 25, 2007 conditional use document, when you talk about 19, you have -- you have blasting in 19, and wouldn't it be better to put it in 20? Because the 20 talks about blasting. And just remove, hours of blasting shall be regulated and stipulation (sic) -- yeah, that's right. Exactly what you said. MR. TYSON : Yeah. COMMISSIONER HENNING: Exactly what you said. It does belong in 20 and not 9 (sic). MR. TYSON: Okay. Great, thank you. COMMISSIONER HENNING: Thank you. CHAIRMAN COLETTA: Okay. Commissioners, take notes during the presentation, then when we get all done we'll go back and ask questions. Thank you. MR. STRAW: Good afternoon, Mr. Chairman, members of the board. My name is Jeffrey Straw, I'm vice-president and area manager of GeoSonics. I'm a seismologist. We are consulting vibration and acoustic seismologists that have been working with Jones Mining to monitor the blasting, do some of the other aspects of it, and I wanted to kind of give you an update as to where we stood. Since June of2006 when the phase one was approved, we've been working with Jones Mining to not only help them with the state requirements because there are some state requirements that were undertaken for blasting, as well as the conditions that this board placed upon Jones Mining for the phase one operation. Mr. Anderson and Mr. Tyson spoke about the inspections. On June 22nd, following the hearing, one of the requirements was to send letters immediately requesting inspections to those people that had offered letters to the board, Planning Commission, and/or to -- had spoken here, and those were done at that time, you know, offering them the ability to have a complete inspection. On June 27th, after we reviewed all the tax rolls, looked at 3,100 distance that's set up by your ordinance, we sent out letters, certified Page 111 September 25, 2007 letters, to residents within the area telling them that they could have an inspection. And the inspections consist of an interior/exterior examination, written documentation, a summary report, diagrams, charts, things that our inspectors can use to document the condition, location, size of cracks, as well as taking photograph of those. They were done with film and also digital photographs, but all of them were prepared and then forwarded to the county, as well as to Jones Mining and to each individual property owner. In addition to our notification and waiting for -- to set up confirmed appointments for those, Jones Mining went out and hand-delivered additional notices, talked with folks in the neighborhood, explained what was going on in an attempt to do that. And in a sense, anyone that had requested a pre-blast inspection was given one. These were completed through September 28th of 2006 with additional mailing, calls, anyone that we talked to all had inspections that were ongoing through this. There's been about -- and even up through two public info -- or the informational meetings that have been had. We've received additional requests, you know, in through-- and as a matter of fact we did one last night at about five o'clock. We have a few others from those people that are trying -- we're working their schedule around time to be there to inspect the house, and so we are continuing that. We're up to about 89 to 90 inspections that we have completed so far out of that initial 174 letters, and we had documentation that shows who called when, things like that, and we've tried to respond to everybody we can. As Bruce indicated, on August 18th we sent out letters to the -- to indicate that blasting was going to begin. That was sent out to a distance of 4,563 feet. That went out regular mail so there wasn't an issue with anybody claiming letters or things like that, and those people all had that as well as any correspondence or calls. We had a Page 112 September 25, 2007 number of calls from people asking when things would start. Since August 25th of 2006, which was the first blast, we have monitored with seismographs the ongoing blasting operations. And part of this commission's request was to have three instruments. The state requires one. There were three to be placed. One was up in the area of Fawn Lane up on the north end. There is one on the east side, and that is opposite the closest areas where blasting is occurring. And there was one down in this south corner down here off, I believe it's 20th Street is where we have one. And zoom that back out a little bit. And the yellow dots indicate the four seismographs. The DiMurro seismograph is the test house seismograph. That was established later in the year, but it was put in in response to complaints, and Jones has left that instrument there in place. Those instruments run every day. They monitor all of the blasting. The procedure for us is that when a blast has been detonated, we get a phone call. They're all remotely down loaded. They get information that we need. That is faxed and emailed to Jones Mining, to your -- to the county, as well as to other individuals that need it. We review it to make sure where they are in terms of the statutes, the levels that are required by the state, as well as the code. And what we have found over the past year, or little over a year, is that the peak level was about 46 and a half percent of what your code is. This is a general review of all of the blasting that has been measured. These are the absolute peak levels. They are irrespective of where the seismograph is. So whether it was close to the north, the south, or the east, we have looked at those maximum levels. And if you look to the right-hand side of the graph, there's kind ofa gap in the middle. Towards the end of the year, there was no blasting. Started again, there was one blast in the early part of the year, and then there was a sizable gap. That's the reason there's some Page 113 September 25,2007 spacing in there. And everything to the right-hand side of that has been done under, if you will, the new management. The reduction in pounds, the reduction in blast levels has resulted. The reduction in what we see as overall concern within the community as far as the vibration levels are concerned. That's what we used to assess the vibration levels. As part of that also, we look at what is called air overpressure. Those levels have also gone down. The maximum there was 60 percent. That was done early on in the 2006 things. The changes in some of the operation as to how they're digging, how they're actually preparing the bench now has reduced the air levels quite significantly and can meet all of those statutes that Bruce Anderson talked about. Overall we believe that the levels with the limited conditions, with the modifications that have been done to the blasting program since the start of the year, March time frame start-up will reduce the overall velocity and air overpressure. As Mr. Anderson indicated, there has -- there is a short-term period for the use of explosives, even considering the 18 events. Each of those has a very short initiation period. And what we look at with that is based on the conditions, you would be looking at about 4.84 minutes per year of actual blasting initiation, and as he indicated, it would be less than 25 minutes over the entire five-year period that this would be ongoing. And I guess, in summary, while there have been some complaints relating to damage, we have performed follow-up inspections. I think there's probably been four or five that we have been asked to look at. We have not seen things related to damage. The items that have been pointed out to us, for the majority -- now, we may have one or two things that vary, but for the majority of cracking that has been claimed to us, when we go back and look at those pre-blast inspections -- and we -- those are the ones we've focused on, the ones that have pre-blast inspections -- we have not seen a change. We have not seen a Page 114 September 25, 2007 difference. And we have that information documented. So I think the program that was established for inspections with the county works, as well as being combined with what is proposed, certainly we feel that there is an advantageous operation here and something that can work easily. And certainly ifthere's any questions, I'll try and address them. CHAIRMAN COLETTA: Well, why don't we wait for staffs presentation. We do have an issues with the fact that Commissioner Halas has to leave here at three o'clock, and I'm not too sure -- does this require a supermajority? So it's going to -- MR. KLATZKOW: Yes, sir. CHAIRMAN COLETTA: A supermajority if Commissioner Halas is gone would still be four commissioners. So, you know, we owe it to everyone to make sure that we have a full complement of commissioners up here. So let's see what we can do to keep this movmg. MR. STRAW: Thank you. I'd like to introduce Mr. Damon zones. MR. JONES: Mr. Chairman, Commissioners, my name is Damon Jones of Jones Mining. As was mentioned before, I was asked by my family to get involved with the mining operation a few months back, and a big part of that was that the management of the mine and -- one of my first tasks was -- is to look at, you know, the concerns from the neighborhood and how could Jones Mining be a better neighbor, you know, and how could this be a cooperative effort and we get done what we need to get done but be as unobtrusive as possible. What we've been doing to date was -- I found there's some dissemination in who do I contact, who do I call? You know, the state's in charge of this. So the first goal was to point the -- point the direction, point the finger in one direction, and that's me. You know, we directed (sic) at the Planning Commission, we Page 115 September 25, 2007 spoke at the neighborhood information meetings to -- you know, if you have a concern, you know, I'll be the -- I'm the head person. You know, call me, contact me. One of the first things we did was set up a Jones Mining dot com website. At that website is all of our contact information, frequently asked questions about blasting and mining, helpful links to the state fire marshal, to GeoSonics if you want more information. The other month we actually had a video produced that shows how we go about our business back there as a demonstration blast, actually documented a blast. That video's on there. But with the intent that -- just another avenue of who do I call if I want more information? If I think my house has been damaged, you know, who do I contact? How do I go back? We talked about it being more localized and not being handed off to the state. Part of our ongoing work is the study house or the test house. Some of you have been there. We purchased back early in the year, a house adjacent to the mine there on 20th A venue, and in conjunction with Northwestern University and GeoSonics, are using it as a test house. Northwestern University and Charles Dowdy are one of the country's foremost authorities on blasting, cracking, and an extensive research has been done, publications have been done by Mr. Dowdy. He's worked with the Bureau of Mines. And we've set up crack monitors, vibration sensors; we've set up a weather station there. All of that information is being published on -- GeoSonics have created a Jones Mining dot info website where all the blasting data from those readings gets uploaded. GeoSonics has added a great deal of information on vibration studies, data studies, and in conjunction with Northwestern, information we collect at the study house will be continually uploaded for public -- you know, public knowledge so that people can go check it out and find out more of what's going on. We discussed the independent citizen -- independent citizens Page 116 September 25, 2007 committee that was discussed. Part of it, again, going back to the localization of addressing these concerns. An independent committee, as you see, was formed. We met last week. And the committee's job is, they're going to pick two -- narrow it down to two engineering firms. And what we've discussed and agreed to is, if someone does have a concern, has a complaint, they believe, you know, blasting and the mine activities has caused damage, ideally contact me. We've been in contact with the county, the county will forward that to me, but we'll get out, take a look at it, we'll let that neighbor choose one of these approved-committee firms, and at our expense, we'll get that engineer out there and let them, you know, take a look at the problem or the issue. And if it's determined that, you know, it is a result of ours, you know, we'll be more than happy to take care of that. You know, again, just to kind of summarize is, to streamline and centralize the concern process, localize it. We believe the steps that have been outlined here earlier on our blasting process, the no-blasting zone, all of this has been an attempt to reduce that intrusiveness and try to -- and try to coexist or, you know, in a cooperative effort with the neighbors agreeing to, you know, the time frame we're going to be blasting. All this is an effort to, let's get out there, we'll get done what we've to get done. You know, work with us. We'll be more than happy to -- you know, to step up to the plate and we'll be out of there as soon as we possibly can. Again, you know, we hope it's, you know, continued to be a cooperative effort. Like I said, hopefully put some process so there's a name and face now of exactly who you can call, who you can contact. You know, we welcome anybody as far as more inspections. If you haven't gotten a pre-blast inspection, you know, we'll go ahead and take care of that now. And as I said, the engineering committee is going to give us Page 117 September 25, 2007 definitive answers to -- you know, and localize those concerns. I believe that's all I've got. Appreciate it. CHAIRMAN COLETTA: Does that conclude your part, Mr. Anderson? MR. ANDERSON: Yes, sir. We're finished for now, thank you. We would request the right to respond to comments at the end. CHAIRMAN COLETTA: Okay. We're going to -- we're going to hold our questions until possibly even after the speakers so that we can try to make the three o'clock. I'm not too sure how we're going to approach it if we go past three o'clock and Commissioner Halas isn't here. We've got to give it some thought. But in any case, let's keep moving forward. Does staff have a presentation? MS. ZONE: Good afternoon, Commissioners. Melissa Zone, principal planner with the department of zoning and land development. The -- I'm going to go over everything quickly. And the conditional use is permitted within the area that this land -- or where Jones Mine sits. Staff just would like to go through -- staff report not only is accurate, but we are still requesting that the conditional use -- the former conditional use is to be -- that this conditional use supersedes and replaces the other two conditional uses. Just by county practice, that new conditional uses always negates the older conditional use unless it was some -- a different request. So staff is still seeking for that. And I don't know if there was any other questions that you might have that relate to this petition that staff could answer, I'd be happy to. CHAIRMAN COLETTA: If you'd remain available, I'd appreciate it. MS. ZONE: Absolutely. CHAIRMAN COLETTA: Let's go right to the speakers. MS. FILSON: Okay. Mr. Chairman, I had three additional Page 118 September 25, 2007 speakers -- CHAIRMAN COLETTA: That's fine. This is the cutoff -- MS. FILSON: -- sign up, but I'm not sure if they're sworn in. CHAIRMAN COLETTA: I'm sorry. You're not too sure what? MS. FILSON: If they were sworn in. CHAIRMAN COLETTA: Okay. The three additional people that just signed up, or anyone else that wishes to speak that wasn't sworn in at the beginning of the meeting, please stand at this time. Looks like everybody has been sworn in. MS. FILSON: She told me she wasn't. David Perdue (sic). CHAIRMAN COLETTA: Also, too, when you come up to the podium, if you would be so kind to state your name for the record, three minutes per person. If you find that the people before you have already stated the facts that you wish to cover and you feel that, you know, it might be repetitious and you want to waive, that's your privilege. Of course, you can always speak. MS. FILSON: Okay. David Purdie. He'll be followed by Anna Suarez. CHAIRMAN COLETTA: Anna, would you come to the other mike over here so we can keep everything flowing. And we'll go from one to the other. MR. PURDIE: Okay. We ready? CHAIRMAN COLETTA: Yes, sir. MR. PURDIE: Good afternoon. First thing I want to bring up-- MR. WEIGEL: State your name for the record. MR. PURDIE: Oh, my name's Dave Purdie, 4860 14th Street Northeast. First thing I want to bring up, and one of the things that came up at the meeting, too, is, we're not going to be able to sell our homes if we want to get out of there within this five-year time that they're going to be blasting. This not a selling point, okay. Page 119 September 25, 2007 The other thing is, if we do disclose any type of damage, okay, that's -- this is a Catch 22. If you don't disclose it or you go to sell your house, you don't have to disclose it -- if you do have to disclose it, what do we do then? How are we going to sell the house? You know what I'm saying? It's a bad situation to be in. This -- okay, let me move on. Anyway -- I'm stuttering a little here. CHAIRMAN COLETTA: You're doing fine, sir. MR. PURDIE: Okay. You guys might not like the next thing I'm bringing up, but you know, my tax money winds up buying rock from this mine sooner or later for county projects, roads, and a lot of this stuff is done in other districts other than mine and my neighbors'. I find that pretty unfair, okay. Not that I'm looking to get anybody mad at me. I find that pretty unfair. They're not living with our problem. When the market does come back to sell houses, the roads that you're building for them, the things that you're giving in their community make the value of their house go up and make it easier for them to sell, not us. And meanwhile, we've got to sit here for five years keeping our fingers crossed that nothing happens to our home, that we do have to go back publicly and say something. I've shot myself in the foot from already coming up here five times. I'm never going to sell my house. So what can the county and the mine do to make our neighborhood more appealing to people that want to build? Because the people that are -- that have the land that they're just sitting on, they could play it safe and sit on it till they're done blasting. That's the solution to the problem. Anybody who's got a house sitting on their land, there is no solution for them. Okay. The other thing; the handling of complaints. Now, I know that there's new management up there and it seems like they're taking a step in the right direction to handle this, because I could tell you this. Page 120 September 25, 2007 I f we can't come to an agreement about this later on, if all this pulling back the blasting area and cutting the charges down, if there's still complaints coming in and people are still complaining about damage, don't ever let me call up down here and get passed off to the -- you know, from phone to phone looking for somebody who's going to turn around and tell me over the phone, the crack that I'm looking at is natural settlement. That's pretty good over the phone. That's pretty good -- that's pretty good. Okay. And as far as the fire marshal -- as far as the fire marshal up in Tallahassee, I'm still waiting for them to get back to me. They've never -- they've never returned my call, and I don't think they'll ever take this serious. So let's just put them to the -- you know, out of the picture completely. No offense, but you guys vote this in, and I know, Mr. Commissioner, this is your district, but the rest of you too, if you vote it in, you'll be hearing -- you know, you're entitled to take complaints from these people, too, because you voted for it. That's how government works. I don't have to tell you that, sorry. Okay. CHAIRMAN COLETTA: You're doing fine. MR. PURDIE: All right. CHAIRMAN COLETTA: But you're running out of time though. I'm going to have to ask you to wrap it up. MR. PURDIE: Okay. All right. Now I'm going to get to the one thing, the blasting. The pictures from GeoSonic -- and we've said this at the neighborhood meeting -- they're very vague, at best. You can't compare them, okay, you know. And we did agree on some -- some you can see, some you can't. The other thing is, this mine was never an issue until they started blasting, okay. And Mark Strain brought that up when this went in front of the Planning Commission, okay. So I mean, there's a pretty simple solution right there, okay. One thing -- and the last thing I want to get to and then I'll let Page 121 September 25,2007 other people talk. Over the years I've always noticed that big industry comes into a neighborhood, does what they want to do, okay. They ruin the neighborhood or whatever, and then they up and leave with people claiming damage, not -- if it's mining, whatever it is, and they conveniently file for Chapter II and nobody can get nothing from them. Is there any way that the county can put up a bond in case anything like -- and I'm not accusing them guys of anything. I'm just trying to cover my back and everybody else's. Is there any way the county could put up a bond to ensure, if something like that were to happen, that we -- our problem would be taken care of? That's it. CHAIRMAN COLETTA: Thank you. MS. FILSON: Next speaker is Anna Suarez. She'll be followed by Carla Navez (sic). CHAIRMAN COLETTA: Carla, if you'd take this podium over here. Please, continue. MS. SUAREZ: Can I talk? My name's Anna Suarez, and I live at 4890 20th Street Northeast, right next to the house that they're testing. And the reason I want to talk is, I've been living there for 11 years in my home, and the first thing I want is to live away from the city, quiet, birds, everything. Since what happened now, it's not the same anymore. It's more congested, more blasting. I've heard blasting. I didn't complain about it one day. I work every day. One time I came -- I was home. I was off that day. I happened to be home watching TV, and I heard a blasting, and sure enough, my whole house shake. And if you want I'm going to sit there for five years -- I pay for my house -- to hear that, no. I would like one of you guys to all go and live in one of those houses where we live and see how it feels. It's not easy. It's not easy. It is -- you can hear it. It's loud and it's very distracting, and it's Page 122 September 25, 2007 just not right. I don't think it's fair. We pay taxes, too. And I understand they're trying to make, you know, jobs for somebody else, but they have to also think of what we have there. It's our homes. And a lot of Spanish community that are there too didn't know about this. I went with one of my girls -- one of my neighbors who didn't know about none of this blasting going on because there was nothing translated in Spanish, so I happened to do one and went to every house to make sure they know about it. They didn't know. And another thing, I didn't even get a letter regarding somebody to come out and inspect my house. And remember, I'm right next to the guy that they did the -- they do the inspection, okay? That's all I have to say. MS. FILSON: Carla, and I'm sure I'm pronouncing your name wrong, Navez. Sue Jones? MS. BURKIT: She went back to work. MS. FILSON: Okay. Sue Jones. She'll be followed by Chris Gutterson. MS. JONES: Commissioners, my name is Sue Jones. I live on 60th Avenue Northeast. My house was only built in April, so I don't go back a long ways. But when I heard that there was going to be blasting going on, I -- or mining, I wasn't too concerned until I actually moved into the house and experienced the blast, and then especially when I attended these meetings and heard about damage to other people's homes. There's concern about damage to wells, there's concern about damage to pools and cracks in people's walls, and it has become very disconcerting to me. The whole Estates area is under a lot of stress right now. Economic, they're -- jobs are hard to find. You know, selling homes. Almost every other home is for sale out there. And being next to a place that's blasting, it's just -- I mean, we just have no chance of selling our homes should we want to. Page 123 September 25, 2007 And adding to that stress is the fact that rainfall has been so low lately, and I understand that low rainfall can impact wells, that if there is less than sufficient rain, that sometimes wells can collapse and, of course, that's out of anybody's hands. But the addition of the blasting, I think, could add to the significant problem of well damage, pool damage, things like that. The Estates area has really grown since '99. There's a lot more houses out there than when they began, and there's a lot of people who -- I mean, that's our dream. We want to live out where it's peaceful, where it's quiet, where there's, you know, nature, not mining, not blasting, not where our biggest investment, our homes, are just very -- in a very precarious position. There was at least -- on the website there were at least 25 complaints of damage on the log there, and I know that that is just a very small percentage of what's going on. Like this lady before said, there are a lot of Hispanic people out there, Haitian people, a lot of -- there's a language barrier, and not everyone has been advised of what's going on or how to approach the problem if it does go on. And we don't -- we're spread out over hundreds of acres. We don't know our neighbors sometimes. We don't have an organized community yet where we can get together. We're individuals with individual problems, and that kind of puts us at a disadvantage when we want to get together and we want to, you know, express our concerns. But I think, from the good turnout I see today, I think we're going to be more organized, and that's a good thing. But the other thing that I want to -- wanted to bring up was the biological impact. I think there are other people going to be speaking on that. But I would like the name of the biologist who will be monitoring the work, list of the species surveys and -- so that I -- so that we can look for ourselves about what's going on as far as the biological impact there, because I know that's very important to many Page 124 September 25, 2007 people. And I know, Mr. Coletta, that you said in an article that you are not going to sacrifice the well-being of our residents for the sake of another mine and, you know, I hope you will really reconsider allowing this to go on. Thank you. MS. FILSON: Chris Gutterson. He'll be followed by Karl Vogel. MR. GUTTERS ON : Excuse me. Good afternoon, Commissioners. You know, you're going to hear a lot about how we're looking at damages and how it affects us. One of my concerns is that -- MR. MUDD: State your name. MR. GUTTERSON: Oh. I'm Chris Gutterson. I live on -- at 1885 4 7th Ave. You know, one thing that's really personal to me -- and I might get a little choked up and it's -- you know, some of the things haven't been addressed. I have a three-year-old son that, every time that house shakes, I don't know how to explain to him what's happening. I mean -- I mean, to see the terror in his eyes. When the walls shake, how do I explain it to him? CHAIRMAN COLETTA: That's okay. You're doing a fine job, Sir. MR. GUTTERSON: You know, his home is his sanctuary, and I just don't know how to explain it to him. CHAIRMAN COLETTA: You did a -- you're doing a very good job. MR. GUTTERSON: You know, and -- sorry. You know, those are some of the things that people don't realize. You know, I'm sure that all these guys in the mining company, you know, pretty good guys and want to earn a living like we all do, but you know, why don't they come live at my house? Why don't they explain to him what's going on, you know, so that he understands that he's not, you know, running and crying, you know, or you know, just -- you know, you Page 125 September 25, 2007 can see it that, you know, he thinks the whole world's crumbling down, you know. I invite every one of them because I haven't -- I haven't been notified of any meetings. You know, if they're so gung ho about saying, you know, oh, we're going to notify people, then, you know, come up to my front door and knock on my front door, meet me as a person. You know, if this is your area of business, meet the people that live in your area of work. Come to my house, knock on the door, meet me as a man saying, this is what we're doing, this is what we're planning, this is our schedule, this is what we want to accomplish. We want your help. None of them have asked for our help, nothing. They just, you know, do their thing and that's it. And the other thing is, is that, you know, everybody's talking about what's happening now. What's going to happen in five years to our houses? We can't sell them right now, you know. I don't know if this is a good anecdote, but it's like smoking. The one cigarette you smoke today is not going to kill you, but is it going to take 10 years off your life at the end of it? You don't know. I mean, what's going to happen to us in five years? What's going to be left? That's about all I have to say. Thank you. MS. FILSON: Karl Vogel. He'll be followed by Kathleen Raimondi. MR. VOGEL: Mr. Chairman, Commissioners, my name is Karl V ogel. I live at 4280 10th Street Northeast in the Golden Gate Estates, right next to the fairgrounds practically. Now, my main concerns, of course, as Mr. Purdie quite eloquently put it, is my investment in my home. And the two blasts that I am concerned with happened on November 6,2006, and January 3,2007. And as Mr. Purdie pointed out, and a few of my other neighbors, that before these blasts started, we weren't that concerned. We didn't realize the strength these blasts would be. The two dates I've given Page 126 September 25, 2007 you were the big ones. CHAIRMAN COLETTA: Once again, November 6th, and what else? MR. VOGEL: 2006, and I believe the second date was January 3,2007. Now, the one --the one on November 6th. I literally felt the floor raise and drop while I was having lunch in my family room. And what I'm quite concerned about is, when you have a solid concrete structure, you can't tell me that as with an earthquake or any seismic occurrence of this type of strength, that that structure is not going to crack. And once you've got a crack formed, there's nothing you can do to eliminate the crack. There might be some remediation as far as keeping the structure together. That's my first concern. My second concern is, do we have a county water testing program for groundwater concerning an industry like this where there's going to be steady monitoring where there should have been monitoring before the blasting, before the fact? And there should be continuous monitoring, water quality monitoring during the period that this company is continuing their blasting activities. Now, I understand from Mr. Damon from the mining company that they're using basically ammonium nitrate for these deep hole blasts, which I'm not really concerned about residuals except for nitrates, nitrites and possibly whatever compounds come off these from the nitrates. I think that if there is a water testing program, there should be some testing done in the county for perchlorates, and possibly toluene if there are perchlorates being used in blasting by any of the mining companies, and toluene because of the possible use of trinitrotoluene. Now, I don't know if the blasters are generally using these substrates or not, but I know they are using the ammonium nitrate. The third problem is, what is going to happen to the water table in Golden Gate Estates? As you've been apprised by some of the other speakers, we've had a severe drought in that area this year, and Page 127 September 25, 2007 I'm quite concerned about the water table. There is -- there have been some studies done, and I believe it's through the water conservation service that this blasting could possibly lower, in the Corkscrew Sanctuary area, the water level by one inch. And if you're down by so many feet already due to a drought situation, one inch could impact, not only the sanctuary, but us homeowners that are trying to make sure we have potable well water. The other thing is -- and I wasn't even going to bring this up -- is air quality. Will there be any testing done on the area as far as air pollution or air quality? And I know there are some forms of calcium sulfate and calcium carbonite when they're introduced to the atmosphere. They're like asbestos. They're like needles when they get in your lungs, and I feel that there should be some kind of a program during the period of this blasting activity. Thank you very much for your time, Commissioners. CHAIRMAN COLETTA: Thank you. MS. FILSON: The next speaker is Kathleen Raimondi. She'll be followed by Guy Raimondi. MS. RAIMONDI: Good afternoon. My name is Kathleen Raimondi. I live at 4290 8th Street. I just want to mention before I forget, I have never once received a letter from any of the mining officials, even though I was promised to receive them. If I'm not mistaken today, I've heard that the -- four times they've sent out letters, and I've been promised after the first time to receive the letter, and I still have the -- to this day have not received a letter. I also would like to tell you that I'm a little nervous standing up here. When you get before a microphone you just go mush. So Mr. Coletta, I appreciate you've been very kind to some of the other speakers, and I hope that you'll do the same for me. I would respectfully ask you, if I should run over three minutes, if I'm not redundant, to allow me to have due process. Page 128 September 25, 2007 I attended the advisory committee meeting August 2nd. I attended the public meeting August the 21 st. I was not informed of the meeting on September the 19th, which they claim was a public meeting, but in my opinion it was by private invitation only by letters. I would not call it a public meeting. My -- a lot of things are being said about the blasting so I am not going to because others will do that. When I spoke at the advisory meeting, I did receive a letter from Mr. Damon Jones, and I would like to say, every one of the officials have been very nice, very pleasant. All the commissioners, I'm sure, are very nice people. This isn't about being nice. This is about who's going to get hurt with this proposal if it's approved. My train of thought right now was when I spoke at the advisory committee meeting, I said that I was very much against the mining -- mining. I lived for 31 years in Illinois very close to a quarry, which is a mining -- I am an expert standing here on the effects to your neighborhood of what a mine can do to the detrimental effects of your neighborhood, of the air you breathe, of the impact of the blasts on your home, and all of the other things and the hazards that go with it. So if you're looking at an expert, I am one. I lived in it for 31 years. What I would like to ask you today is, at the advisory meeting they said they were shocked to hear the things I said. They didn't -- they thanked me for speaking, but it was emotional. I was told it was emotion, and they only were concerned with facts. So today I come forward with some facts. Please allow me to show you that in the latest Florida Trend magazine there was an article on rock mining, okay? And I would like to read a paragraph. United States District Court Judge William Hoeveler shut down most rock mining in the Lake Belt. He wrote that the enormous quarry is so close to McDade -- Miami-Dade's primary public water supply raised grave concern about chemical and bacteria contamination of a well field that supplies more than a million people. Page 129 September 25, 2007 This court has never seen a federal agency respond so indifferently to clear evidence of significant environmental tasks, and he wondered what took so long to shut that down. I know we're in desperate need of aggregate out here, and I don't know the solutions, but I know that there are approximately 500 homes or more affected, and if each one is worth about $300,000 and you multiply that by 500 homes, you're talking about a substantial amount of homes that are at risk. CHAIRMAN COLETTA: I need you to wrap it up. MS. RAIMONDI: I have done a complete study of the byproducts of the chem -- of the components that come from blasting, and I would like to -- CHAIRMAN COLETTA: Kathleen, I don't mean to interrupt you, but it's three minutes. I don't mind you summing it up, but I can't let you continue on forever. Could you go ahead and sum it up, please? MS. RAIMONDI: Yes. I will sum it up. I really feel as if -- that we have accepted the mining ex-officio's expert advice instead of doing our own survey. Also, the lime dust that is created, even though they will keep the dust down with the water process, lime dust, unless it's kept in confined containers, which I doubt, when it is breathed, can give off crystalline silica, which is carcinogenic. And lastly, the diesel trucks, which are limited to 800 right now, which will be increased once there's a turn lane on Immokalee, the diesel fuel from trucks can produce more cancer than tobacco smoking. CHAIRMAN COLETTA: Let's do this. Let your husband finish up. I'm sure he's got -- MS. RAIMONDI: He has a different agenda to approach, so I would like to -- CHAIRMAN COLETTA: I'm sorry. Page 130 September 25, 2007 MS. RAIMONDI: -- ask you to think about what's going into the CHAIRMAN COLETTA: Kathleen? MS. RAIMONDI: -- mine, the radon gas-- CHAIRMAN COLETTA: Kathleen? MS. RAIMONDI: -- the benzoline -- CHAIRMAN COLETTA: I'm sorry. There is time limit because we've got so many people to accommodate. MS. RAIMONDI: I appreciate your concern and I ask you to please vote no for the mining approval because without it, we don't have these problems. Thank you very much. CHAIRMAN COLETTA: Thank you very much. MS. FILSON: The next speaker is Guy Raimondi, and following him will be Doris Couture. MR. RAIMONDI: Hi. My name is Guy Raimondi, 4290 8th Street Northeast. And I appreciate all the work the board has done and all the safety precautions they have put in place that the mining company should follow, and I feel, as a person who lives there and has experienced what's gone on so far, that they have repeatedly violated their agreement and the concerns of the people that live there. And I'm not a good speaker or anything, so please put up with me. They refused to take responsibility and accountability for the damage they have already caused, and they won't admit to it to you, to this committee, but they have admitted to over-blasting and blasting when there's overcast days, and this has happened in the past and it will happen again if you allow them to continue blasting, because can't -- there can't be someone there to monitor constantly. And they haven't proven themselves to be good neighbors up till now, so that's how I make my judgment on their past -- their past experience with us. And I hope that you will take that into Page 131 September 25, 2007 consideration, because no blasting is the only answer for the people who live in this community. And as far as the children, I don't have any small children, but ifI did, I would be extremely concerned with their health and also with the integrity of our homes which is slowly being destroyed. It doesn't happen in one blast. It happens, blast after blast after blast. And just like in an earthquake when you shake the ground, your house will become rubble. So we ask that the committee take this into consideration before they vote, and a lot more tests and a lot more things have to be set in place before any consideration of blasting could ever occur. I thank you very much for your time. MS. FILSON: The next speaker is Doris Couture. She'll be followed by Terri Burkit. MS. COUTURE: My name is Doris Couture. I live at 12th Street Northeast. I moved into my home in January of'98 so I'm sure it's done settling by this point. My concern is that if my house cracks, it can be repaired but not fixed. And if the blasting is so insubstantial, then the mining company should have no problem signing a written legal agreement stating that if I have substantial damage, they will take responsibility for it and they will purchase it at marketable value in a good market. My other concern is, if need arise that I need to sell my house in the next year or so, I'm not going to be able to because of the blasting. Who's going to want to buy it? And I'm going to end up losing it. So I want to know what responsibility they are going to take because I'm afraid that, my house cracks, they're going to come out and say, oh no, it was caused by this, this, we had nothing to do with it. Because so far by what they've said at the meeting I attended, it's like they were like stating that they would come look at it, but once you did have complaints, it kind of sounded like they were trying to wash over it and not claim responsibility, and that's my concerns. Page 132 September 25, 2007 CHAIRMAN COLETTA: Thank you. MS. FILSON: The next speaker is Terri Burkit. He'll (sic) be followed by PJ. Noe. MS. BURKIT: Hi. My name's Terri Burkit, and I live at 1910 47th Avenue Northeast. And if I may, I was sent an email by someone that can't attend. Is it -- can I read that? CHAIRMAN COLETTA: Yes, within your three-minute timed period, sure. MS. BURKIT: I'll read it quick. It says, on September 25th, you will hold a hearing that will affect the very lives of a number of Collier residents. Jones Mining wishes to expand their operation to include double the monthly blastings scheduled. This enterprise has already proved that they cannot be trusted by understanding the damage they have already caused to the citizens in the surrounding area. Claims have been lost only to be found and acted on much later and only if pressure is applied. I know this, as I am one of those people. I had an original survey done by the company selected by Jones Mining. After my claim, they came back and inspected the damage. Jones Mining was still waiting for a report several months later. Just before the public meeting, a representative of the company suddenly became interested. A crew from Jones Mining came out, blamed faulty construction, even though it was only after their blasting and their inspection that the problem showed up. The workman did an inferior repair that did not match the surrounding area and left me a bucket of paint to finish it. In at least one case, damage was so severe to a dwelling that the home across the street from mine was suddenly purchased by a third party and/or confidentiality agreement. Scientific monitoring equipment was then installed in the house, Page 133 September 25, 2007 and it was leased back to the original owner. The entire area is shaken now. Double the blasts will be intolerable to adults, children, and children that move to this area in part to be free from the noise and pollution of the urban area. Now we fight noise and dust pollution as our houses are shaken apart. By some estimates, property values are less than the original cost of building now. Would you move into a house in this situation? I think the bigger question or more important question is, would you approve of this plan in your back yard? This is done by Laurance Ohalier (phonetic), 47th. My thing is, I've never been notified any of the -- the only letter I ever received was saying I attended a meeting I knew nothing about. I have spoke to them about doing a survey. They call me up when they know I'm not home. When I try to reach back, I've left messages. I still get nothing back from them. No disrespect to you, Mr. Coletta, but when we spoke the other night, you said you saw the house and there was no damage to the house. CHAIRMAN COLETTA: No, I didn't say that. I said there was minor damage to it when I seen it. MS. BURKIT: I'm asking you to take someone back there because I did look at that house, and you cannot fingerprint stucco or drywall mud, and they have repaired that house because the fingerprints are not the same. I mean, we're working very hard. I have damage to my home, and he spent a meeting I had at my neighbor's house trying to tell me that it was the house settling, that it was my fault, I didn't do something right. Everything other than, you know, we could be responsible. I'm asking you to please vote no. My dogs are scared to death. I mean, my house is falling apart. I've got more cracks on my driveway in the last six months than I've had in eight years, and I'm asking for your help. Thank you. Page 134 September 25, 2007 CHAIRMAN COLETTA: Thank you. MS. FILSON: The next speaker is PJ. Noe. She'll be followed by Gary Cholewinski. MS. NOE: Hi. I'm PJ. Noe, and I'm here to verify that at the August Corkscrew Island Neighborhood Association meeting, Truman Gay and I were asked by our association president to be on the Jones Mining Engineer Selection Committee. I'm here today to inform you that we, along with two members from the Golden Gate Civic Association and two nonmember homeowners of Golden Gate Estates will be making the choice of engineers for homeowners who have any structural problems caused by the Jones Mining blasting and/or vibrations. We did have a committee meeting, and we were given copies of two pages of engineering listings. At that meeting, we narrowed the listings down to four that will be sent request for proposals. That's the questions that we would like to ask. Mr. Don Barber stated, if we so desire, we could present with any engineer we chose also. Mr. Barber and Mr. Damon Jones stated we, the selection committee, would handle all questions and interviews with potential engineering firms once engineers have agreed this is their field of expertise. We're estimating four to six weeks for a response from these engineers. I would like you to know this committee is picking two engineers so any homeowner experiencing a problem they think to be from the Jones Mine would have a choice of professionals. Any and all costs for these engineers, we were assured, will be paid for by the mining company. I called Mr. Jones this morning to verify that a free pre-blast survey is still available to homeowners of our area. I also asked, what distance from the mining property was required for this free survey? Mr. Jones stated he would give any homeowner within proximity of the mine a free survey if they so desired and requested it. There has Page 135 September 25, 2007 been no influence by Jones Mining personnel of a preference of engineers, and these are the things that we thought that you should know that they have done that much so far. Okay. CHAIRMAN COLETTA: Thank you. MS. NOE: Thank you. MS. FILSON: Gary Cholewinski. He'll be followed by Scott Neyhart. MR. CHOLEWINSKI: My name's Gary Cholewinski. I'm from 4765 16th Street Northeast. I moved there about 10 years ago, and it was nice and quiet. We had no Jones Mining, and then two years ago, Jones Mining came in there. It was still quiet. We had -- they were just mining for dirt, and it's only been the last, what, year and a half that they've been mining, and it's been -- you could hear the ground shaking, and the house once was shaking so much I thought there was an earthquake. And then we -- then I found out they were mining and -- for -- you know, a blasting. And I don't mind them mining for dirt, but I don't want them mining -- blasting. It's just going to wreck the houses around the neighborhood. And I think we have rights too, people that live in this area. And I would hope that you's would vote on no blasting and just let them just excavate for dirt, and then they could go on and build their houses and their golf course. And when I moved there, there was only supposed to be for like three years they were going to mine for dirt, and then they were going to stop that and then they were going to put houses up. And now we're going to go on with this blasting five more years? That's all I got to say. And vote no for blasting. MS. FILSON: The next speaker is Scott Neyhart. He'll be followed by Armida Angel (sic). MR. NEYHART: Good afternoon. My name's Scott Neyhart. Unfortunately I'm not too familiar with what's going on. Most of this Page 136 September 25, 2007 meeting for me was just an informative meeting. I am a little concerned as far as the blasting. My home is relatively new. I closed on it about three weeks ago. I consider blasting is the acceleration of the settling process. I've got a bunch of letters in my mailbox concerning this whole blasting issue. I have two kids. I am concerned for their safety. If there is increased traffic, obviously that's a concern for me. That's kind of basically it, really, to be very honest with you. So just trying to get some information. Thank you. CHAIRMAN COLETTA: Thank you. MS. FILSON: The next speaker's Armida Angel, and she'll be followed by Debi Crimaro (sic). And Ms. Terri, she hasn't been sworn in. (The speaker was duly sworn.) MS. ANGELES: My name is Armida Angeles. I live in 1985 47th Avenue Northeast, and I'm here because I'm concerned about not only my home, everybody's homes. And I think and I feel that we should be the people to tell you what really is going on. I work three jobs to pay my mortgage. You have here people from all walks of life. And everybody do what they need to do to pay their taxes, pay their mortgages, and have a decent life. In my case I work three jobs to pay my mortgage. I sleep four hours in 24 hours day because I want to do what is the right thing to do. When I'm home, especially during the day when I'm sleeping, I have feel the blastings. I cannot sleep in my home because every so often they have these blastings, that I cannot get sleep. And remember, I work three jobs. I have only one afternoon in a week off. I am a hard working person, like everybody over here. Mr. Coletta, we put you there, we the people. Do what is the right thing to do for us because you will hear from us the next election. CHAIRMAN COLETTA: I hear you. Page 137 September 25, 2007 MS. ANGELES: Thank you. (Applause.) CHAIRMAN COLETTA: Thank you. MS. FILSON: The next -- the next speaker -- and I'm sure I'm getting your name wrong and that's why you aren't coming up. It looks like D-E-B-I, C-R-I-M-A-R-C. MS. AIMARO: It's Aimaro. MS. FILSON: And she'll be followed by Sergeant Juan Flores. MS. AIMARO: Good afternoon. This is in no offense to Jones's Mining. CHAIRMAN COLETTA: State your name -- state your name agam. MS. AIMARO: Debi Aimaro, and I live at 1305 47th Avenue Northeast. This is in no offense to Jones' Mining, because my husband works as a miner, so I'm caught in Catch 22. Without it, we starve, as we're doing now, and with it, our home is destroyed. I've come home twice, one time my grand -- my grandson lives with us. He's three years old. He thought we were being bombed. I came home one time and found glass figurines laying on the floor. No one had been home all day. I can't give you the dates because it didn't really register what was going on until all of this came about. I was never really notified. I did receive the letter to have my home inspected, which I did, and I would like to request another inspection if possible because I know there has been damage, and I have the report to compare it to now. But like I said, this is -- I understand where Jones' Mining is standing, but you have to understand where we're standing, too. Not only you, but Mr. Jones, you have to understand this, too. For a lot of us, like I said, ifit goes through, our homes are destroyed, and if it doesn't go through, a lot of us may lose our homes Page 138 September 25, 2007 because of the employment because it will put people back to work, it will put the dump trucks back on the road, but those dump trucks, and I'm -- I don't know if there's any drivers in here, but it will put you back to work, but you have to consider where we stand as a home, as a community, and our finances. CHAIRMAN COLETTA: Boy, you've certainly put a different perspective on that. MS. AIMARO: Thank you. (Applause.) MS. FILSON: The next speaker -- the next speaker is Sergeant Juan Flores. Did I get that right? SERGEANT FLORES: Yes, ma'am. Mr. Chairman, gentlemen, ma'am, the board, I left Naples, Florida, about nine years ago and I pursued my career in the United States Marine Corps, and I had the opportunity to come back to Naples, Florida, which I absolutely love. So I came back to Naples, Florida, thinking everything was going to be great and dandy. Unfortunately, I've moved to an area which I was not advised there was going to be blasting, and I am a new homeowner. I've only been there since the beginning of 2006, January. I started hearing complaints from my wife that the house was shaking or that there was loud noises, and I didn't know where it was coming from. The mining company says that they've sent us letters. To my knowledge, we have received no letters. My wife has notified me of no letters. The only letters that I received was actually letters of this meeting warning me that this was my last opportunity, my last chance to speak my voice, and that's why I am here. I also have a two-year-old son, and it is hard. I feel for the gentleman with the three-year-old son. When my wife calls me and tells me that my two-year-old is hysterical because he doesn't know what's going on. Page 139 September 25, 2007 As a service member, sir, I love -- I love Naples, sir. That's why I came back. But now I'm in a situation where I'm going to be stuck with a house because I won't be able to sell it. I have to tell individuals that are even thinking about purchasing my home within the next two years that they're in a blast zone that they're going to be hearing, and I do have cracks in my new home. Is it because of settling? It's a new home. I'm a new homeowner. I don't know, sir. I have cracks in at least five of the windows going from the window all the way down to the floor. I have cracks in my lanai, in my garage from one side of the garage all the way to the other side. Is it settling, sir? I do not know, sir. I'm not an engineer. Is it because of the blasting? It could be. But I know for a fact that now it's going to be really hard for me to sell that home, sir. And all I would like to do, sir, is for you to take the opportunity to vote no for this, and this is the reason why I'm here because this is the last chance, as my neighbors -- I'm sure one of them, whoever did this, I appreciate you. Thank you. Thank you for letting me know. (Applause.) SERGEANT FLORES: You vote no, sir. Thank you. CHAIRMAN COLETTA: Thank you, sir. MS. FILSON: That's your final speaker, Mr. Chairman. CHAIRMAN COLETTA: Okay. I got to -- wow, have I got a lot of notes here. COMMISSIONER HALAS: Can I ask the seismologist up since I've had my light on for so long? CHAIRMAN COLETTA: Well, I know you've had your light on so long, but you're going to wait just a minute, Commissioner Halas. This is an item that's in my district, and I want to address it first. No offense. And then we'll get to the seismologist. Wow, is there ever a lot that goes into this, and that one there at the end there about the lady that's compelled between two divided Page 140 September 25, 2007 interests. On one hand her family's dependent upon rock mining and mining, on the other hand, the home's being destroyed. This goes back sometime. Back before 2000, there was concern over the mine that was out there, from Friendship Lane. It was only a very small amount of residents that lived out there, but it wasn't blasting. It was just removing the dirt and the roads, and the amount of beating the roads took. When Jones Mine came forward and they wanted to do blasting that was going to be a limited amount that was going to take a period of time, it was going to be resolved, I didn't like the sounds of it, it didn't sound quite true. I put a one-year moratorium or had a one-year moratorium put on it where we could come back and review it. The truth of the matter is, there's been nothing but complaints, one after the other. The complaints have been never ending. It's-- very few times you have anybody call up and said, you know, it's a wonderful thing that's happening out here. They're giving a lot of opportunities to a lot of people. I do give Jones Mine and their attorney credit for the amount of meetings they tried to hold. Obviously they couldn't reach everybody. You're working people. There's no way they're going to be able to hit a perfect time to be able to bring everybody into it. Obviously, it's push or shove for them. They're caught between a rock and a hard place. They're trying to reach something in the way of an understanding and reach an accord with the neighbors that would be able to bring some sort of understanding so they could go forward with the mining, and you could still enjoy your homes with a relative safety of what you used to be able to have before. I mean, I could go through this thing hour by hour, and there's been all sorts of concessions that they've made, and I've been very, very impressed with the concessions. They've been -- they've been pretty remarkable, to be honest with you. But still, the end thing comes down to the fact that the complaints Page 141 September 25, 2007 never stopped. The comfort level amongst the neighbors is not there. They've had their chance to be able to come forward. They had a chance to meet with you. They've been able to answer some of the questions quite satisfactorily. They made concessions as far as the five-year window and then out, made concessions as far as the size of the blasts, the number of blasts, air blasts, the whole business right down the line. The whole thing is, it's still blasting to be able to remove the rock. Now, where are we with this? You know, you've still got a dirt mine that's there. You've still got a mine that's mining rock without blasting, they're cutting out large hunks of rock with a special apparatus they brought in from Australia, and it's quite impressive. They cut the rock out in great big two or three or four-ton blocks, and they're selling it to the City of Venice to be able to use to build reefs, and it's not intrusive as far as the neighbors go because, I don't know, other than the whine of the saws, I don't think there's much of an impact. But I have some serious reservations on this whole thing from what I'm hearing. And the truth of the matter is -- and it's not because you mayor may not vote for me. I represent you right to the very last minute of my life. I've represented you for years before I got this position as the commissioner. I've been involved with the civic, I've been the president, I've led numerous political ventures throughout the Estates to be able to protect the rights of people, and even when I'm no longer a commissioner, I'll still be involved protecting the rights of the people that live out there. It's where I live, where I basically grew up as an adult. I matured out there. And I'll always be there. With that, I'm not at all convinced that they could ever meet the needs. I don't think the safeguards are strong enough. I mean, to have to live with it one year and then go back through the process again a year from now gives me very big concerns. Page 142 September 25, 2007 In other words, we're supposed to repeat the process every year. And do you think we'd actually go a whole year without complaints? I doubt it. The committee they put together, it's a wonderful thing. It should have been done from the get-go when the first blasting started. I mean, they have people saying they never had the opportunity to be offered an inspection, serious concern, very serious concern. Now we're offering inspections, but even when they offer you the inspections -- well, I'll tell you what really upset me was back when this whole thing started to develop and I found our people in the county level, when I asked them how the point was being resolved regarding the blasting and damage to the house, they said, we turned it over to the fire marshal. And I said, you did what? They said, yeah, the fire marshal's the legal entity that handles it. Well, I took offense to that because we had a PUD put together that spelled out about pre-blast conditions, doing surveys, doing all these things. And those particular things weren't done. Now I understand there's new ownership, new management that's supposed to do these things. But meanwhile, the track record doesn't go away. That's where I'm going to leave it for the moment. Going to go to Commissioner Halas, then Commissioner Henning, and then we're going to move this thing forward. Commissioner Halas. COMMISSIONER HALAS: I'd like to talk with the seismologist, if I could. I've got a number of questions for you. You're using velocity measurements -- MR. STRAW: Yes, sir. COMMISSIONER HALAS: -- of .2 inches per second. What's that relate to in the frequency content? MR. STRAW: Well, the frequency range of blast vibration ranges somewhere between 2, typically up to 40Hz. COMMISSIONER HALAS: Two hertz to 40Hz? Page 143 September 25, 2007 MR. STRAW: The seismograph range goes from 2 to 250. The predominant frequency is in that 2 to -- 2 to 40Hz range -- COMMISSIONER HALAS: Okay. That's enough. Now, what is the natural resident frequency of a house pad, let's say, of 2,000 square feet? MR. STRAW: Well, it's the house, not the pad. The structure itself is -- COMMISSIONER HALAS: Well, I'm going to get there. MR. STRAW: Okay. COMMISSIONER HALAS: So I want to know what the natural resident frequency of the house pad is. MR. STRAW: We don't measure it that way, so I really don't know what the pad is. COMMISSIONER HALAS: So what's the natural frequency of the house then? MR. STRAW: They range in Florida between 6 up to about 18Hz. COMMISSIONER HALAS: Okay. And so your blast is from that range, right? MR. STRAW: At some times it is. Sometimes it's higher, it's lower. It depends on the proximity of the blast to the house. As you move further -- COMMISSIONER HALAS: Okay. But we're talking about the natural resident frequency of the house. MR. STRAW: That's correct. COMMISSIONER HALAS: So it doesn't take a whole lot to set that resident frequency off? MR. STRAW: That's correct. COMMISSIONER HALAS: Okay. So, therefore, there would be some problems with the house starting to show up with cracks without settling; is that correct? MR. STRAW: Not until it gets above a certain threshold level, Page 144 September 25, 2007 that's why the levels are set where they are. You've got to -- COMMISSIONER HALAS: What's the level set at? MR. STRAW: You have -- your level is set at .5 inch per second, which is also the most restrictive level for the state and would be the most restrictive level with the U.S. Bureau of Mines says -- uses to prevent cosmetic damage. COMMISSIONER HALAS: Okay. But you're saying that the frequency range that you're looking at is between -- what was that again? MR. STRAW: Two to roughly 40Hz for most of the blasts that are out there. COMMISSIONER HALAS: Okay. So where are you taking the measurement as far as two inch per second in the velocity of measurement as far as acceleration? MR. STRAW: Well, there's not-- COMMISSIONER HALAS: Two inches per second -- MR. STRAW: There's not a two inch-- COMMISSIONER HALAS: -- at 40Hz -- MR. STRAW: You mean .2? COMMISSIONER HALAS: Well, .2Hz -- or .2 inches per second. MR. STRAW: Would be measured at whatever the closest house is along that -- adjacent to that blast. COMMISSIONER HALAS: When you say you're taking a measurement and you have a velocity -- MR. S TRA W: Correct. COMMISSIONER HALAS: -- of.2 inches per second, what does that equate with at the frequency? Because you can have .2 inches per second at 6Hz, you could have .2 inches at 40Hz. MR. S TRA W: Correct. COMMISSIONER HALAS: Well, what are -- what range are you picking this at? Page 145 September 25, 2007 MR. STRAW: Each blast is different, Commissioner. But what you're looking at is still -- irrespective of the frequency, the way the limits were designed were to take the maximum structural response of the house, which occurred in that natural frequency that you're talking about -- that 6 to 12Hz somewhere in the ballpark -- COMMISSIONER HALAS: What I'm getting at-- MR. STRAW: -- for South Florida. COMMISSIONER HALAS: -- is the acceleration that's going to be generated at 6 -- at 6Hz versus 40Hz. MR. S TRA W: Correct. COMMISSIONER HALAS: Okay. So the -- as you would go up in frequency, I would believe that you would end up with a higher acceleration rate. MR. STRAW: You do, but the structure responds to lower -- the lower frequency. So you're dealing with less acceleration, and particle velocity is the standard that's used for that. And using the Bureau of Mines criteria, which is what they tested, you still have to have over the .5 that you use as a limitation before you start causing cracking in structures. COMMISSIONER HALAS: But it depends upon what the structure is sitting on, too. If it's sitting on sand versus if it's sitting on a solid foundation. MR. STRAW: That's why you're measuring at the structure so you get what's happening at the structure. In other words, you're not measuring at the property line and making an assessment of what happens at that structure. The seismographs are set up at the structure or as close as the homeowner will let us to be at that structure, so you're measuring what that wave is as it gets to you. So you're measuring what happens to the house. COMMISSIONER HALAS: Okay. I still contend that you have to tell me exactly at -- where you're taking this velocity measurement at what frequency. September 25, 2007 MR. STRAW: Well, that's measured every time, Commissioner. The seismographs produce that. That's part of what -- the record is sent to the county, to Bill Spencer's office. It goes specifically to Mr. Spencer. COMMISSIONER HALAS: I don't see one of those vibration measurements in here. All I -- MR. STRAW: I don't know what's in your package. I can't -- I don't know that. But they are submitted after every blast. COMMISSIONER HALAS: Thank you. CHAIRMAN COLETTA: Commissioner Henning? Thank you, Sir. COMMISSIONER HENNING: The -- what I find interesting is, a very articulate gentleman stated that there was extreme blasting on November 6 and January 3rd, and I can't find that that's where they blasted. MR. STRAW: I looked at the records that we have. November 6th was 0.080 inch per second, which is about 16 percent of what the county -- the current county limit of .5 is, and there wasn't a blast on November -- or excuse me, on January 3rd. There was one on January 16th. COMMISSIONER HENNING: And there was one on November 6th? MR. S TRA W : Yes, sir. COMMISSIONER HENNING: Okay. That's what -- excuse me. I -- 1 see. And it's -- it was reported a vibration of .06. MR. STRAW: November 6th was .08. COMMISSIONER HENNING: Okay. Do we know if that was an overcast day? MR. STRAW: I don't off the top of my head. I don't, because I don't have all the individual blast logs. Those are maintained by the blaster. They're filed, you know, with the county. But I can't tell you, 1 don't know. Page 147 September 25, 2007 COMMISSIONER HENNING: Well, the proposal is to change how they blast, the number of -- number of charges and the frequencies of blasting, and I guess I'd have to hear from somebody who has knowledge in our staff on what effects would be of that and how long has that been taking place, the new blasting techniques. MR. STRAW: Probably early March, as 1 recall. Some of that has occurred, but over the last month or so I know it's really been in focus. I mean, 1 look at the overall -- I'm looking at the overall numbers. I don't know that the blaster can answer that. COMMISSIONER HENNING: Is Bill Spencer, Richards -- Carmen Richards, Mr. Spencer? You've got to help me out here, because a number of these folks are complaining about damage and things like that. Is that all under the old -- MR. SPENCER: I haven't been sworn in. COMMISSIONER HENNING: Commissioner Coletta will swear at you. CHAIRMAN COLETTA: Go ahead. (The speaker was duly sworn.) MR. SPENCER: My name is Bill Spencer. I work for Collier County Engineering Department. COMMISSIONER HENNING: Thank you. Mr. Spencer, your staff and yourself have gone out there and witnessed the blasts. With your expertise, what they're proposing and what they have done in the past, what would be the effects under their proposal of blasting versus what they have been doing in the past? MR. SPENCER: It would be greatly reduced from the first effects of blasting out there. They're continuously modifying what they do to reduce the effects. So what they're doing right now will continue to reduce the effects. COMMISSIONER HENNING: In your opinion it would be, on a scale of one to 10, how much would it change? MR. SPENCER: From the original blasts, they were -- as a 10, Page 148 September 25,2007 from the beginning of the blasting, say, use that as a 10, to where they are now is probably is about a five, and then where they want to go, what they're trying to work for right now, probably cut that in half agam. COMMISSIONER HENNING: Okay. MR. SPENCER: That's just my-- (Remarks from unidentified speakers.) CHAIRMAN COLETTA: I'm going to ask you to please be quiet. The proceedings will take place without comment from the audience. MR. SPENCER: That's just my opinion. COMMISSIONER HENNING: Well, you have a better opinion on it than I do, so I appreciate it. Do you know if there's any residents that participated in their new techniques or what they're proposing as far as blasting? MR. SPENCER: Not that I'm aware of. COMMISSIONER HENNING: Okay. And I think that's the -- that's where the rub is, is maybe they wasn't involved in that or maybe -- I mean, I don't see any complaints since they started the new technique. At least it wasn't reported to us. Do you know of any complaints since they've been starting the lower of the charge? MR. SPENCER: Yes. There's been one that I'm -- that we've been -- had to address, and that was an AIMS issue, and there was some multitude of activities on that one AIMS issue. Other than that, I haven't received a phone call from -- to my office since then. COMMISSIONER HENNING: Okay. Do you remember the AIMS issue? Was it several people or-- MR. SPENCER: Just one. COMMISSIONER HENNING: Just one person? MR. SPENCER: He was your first speaker. COMMISSIONER HENNING: I see. I remember the Page 149 September 25, 2007 gentleman. That's the only question I have for you, Mr. Spencer. CHAIRMAN COLETTA: IfI may? MR. SPENCER: Yes, sir. CHAIRMAN COLETTA: In other words, what they're intending to do is different than the sheet we had before us, correct, the last part of the sheet? MR. SPENCER: The last part of the sheet is well within what they're recommending right now. CHAIRMAN COLETTA: Yeah, but the whole thing boils down is that the people that live out there have no confidence that the problem will go away. I mean, and you're the wrong person to be addressing this to. May I have Mr. Jones, your consultant come forward or -- MR. SPENCER: Could I -- CHAIRMAN COLETTA: If you have something that's important to add, please do. COMMISSIONER HALAS: Yes. MR. SPENCER: On the report you requested a while ago, we do receive them every time they blast. I didn't put it with the package because it's a multi -- you know, and I didn't want to give you a package that thick, you know. Here's the report here. So I didn't -- so what I did, I reduced this report down to that one sheet that you have. And what I did, I took the closest seismograph reading from reports and put it on that one sheet. COMMISSIONER HALAS: What's the frequency content? I don't remember seeing that. MR. SPENCER: It's not in --I didn't put the frequency content on that report. COMMISSIONER HALAS: Well, see, that makes a big difference. MR. SPENCER: But I do have that information here, and the expert that's in your audience right now could probably address that to Page 150 September 25, 2007 you. COMMISSIONER HALAS: Well, I asked him what the frequency content was. He told me, but I -- as far as the blast, each blast he said it different. MR. SPENCER: It is. COMMISSIONER HALAS: Obviously we want to figure out what the content is, what the acceleration rate is. You're giving me the velocity rate of .2 inches per second, but that varies whatever -- the magnitude can go up or down depending upon whereabouts the max -- where you excite the frequency. MR. SPENCER: I agree with you wholeheartedly, but our ordinance doesn't address that issue of blasting. It only addresses the dB and the -- COMMISSIONER HALAS: The velocity. MR. SPENCER: -- the velocity and the -- COMMISSIONER HALAS: So you don't know where the velocity falls as far as -- MR. SPENCER: That will vary from each blast. COMMISSIONER HALAS: -- the frequency -- exudation? MR. SPENCER: That will vary -- there's a lot of variations that governs that. Like I said, the expert could probably address that and answer that. I'm not an expert on that, but the way I understand it, it's -- the hardness of the rock will change it, temperature will change it, all kinds of things will change it, and there's no way to control that frequency. COMMISSIONER HALAS: That's true, but I think it's very important that you use the real-time analyzer so that when you take the blast, you figure out what the frequency content is so then we can figure out at .2 inches what the acceleration rate is, because that's going to have a big factor on that. MR. SPENCER: Yes, sir. Again, I just wanted to know that -- let you know we do receive that report. Page 151 September 25, 2007 CHAIRMAN COLETTA: Okay. In case anyone was missing anything, Commissioner Halas was an engineer in a different life. MR. SPENCER: And I just didn't want -- I didn't want you to think that we didn't receive that report. CHAIRMAN COLETTA: Yeah. But I'd like to get back to some questions that I have, and I'd like Jones Mine to be able to answer some questions for me. MR. JONES: Yes, sir. CHAIRMAN COLETTA: Let me go through this a little bit with you and the scenario of events. And you've heard the people that live around you express misgivings. MR. JONES: Definitely. CHAIRMAN COLETTA: I haven't heard anyone out there what I would call supportive. Some people were a little sympathetic, but I wouldn't put any of them in the side of being supportive, and that doesn't sound well for you, I mean, as far as that goes and as far as a proceeding like this goes. But my question is, we all know how important that rock, fill, and the mining industry is to Collier County. There's no doubts about that. No one going to deny it. In order for us to be able to keep our roads on target to be able to meet the infrastructure we need, we have to be able to come up with fill, we have to be able to come up with rock; however, with that said, I did see -- now, if you were on -- if the commission didn't agree to this, you wouldn't be able to blast anymore from that point on, or what would be the scenario of events for what you're actually asking? If you did not get it, would it mean you couldn't blast anymore. I need to have this clarified. Commissioner Henning was mentioning something about a previous agreement, and it got a little bit confusing. MR. ANDERSON: I want to make sure I understand. CHAIRMAN COLETTA: In other words, iftoday's vote goes down to the negative for your company, or the company you Page 152 September 25, 2007 represent, does that mean that your blasting would cease? MR. ANDERSON: No, it does not. It will continue in phase one. CHAIRMAN COLETTA: Okay. But it wouldn't be able to continue into phase two. MR. ANDERSON: That is correct, sir. CHAIRMAN COLETTA: Now, phase one --let me make sure I understand this. Phase one, if that was allowed to play out, how long would that be before that was completed? MR. ANDERSON: Probably about the same five-year time frame. CHAIRMAN COLETTA: So are you saying, Mr. Anderson, that whatever our vote is today, it makes absolutely no difference? MR. ANDERSON: I would never say that. CHAIRMAN COLETTA: Well, I'm just trying to see. You're telling me it's five years regardless one way or the other. MR. BARBER: Hi, Don Barber. Could we have the map put up that shows phase one and phase two. MR. MUDD: Absolutely. MR. BARBER: The question is specifically in regards to blasting or in regards to -- CHAIRMAN COLETTA: Blasting. MR. BARBER: -- excavating. CHAIRMAN COLETTA: Blasting, sir. I wouldn't do anything to discourage other uses of the property. MR. BARBER: Okay. Then that's -- I'm looking for the no-blast. MR. MUDD: Okay. You want a different one. MR. BARBER: There we go. That's the one. In the no-blast zone for phase one, you'll see that it's roughly half of the remaining part to be excavated. What we have committed in terms of the five years is to do a Page 153 September 25, 2007 blasting program which is actually blasting without the need for product. What we're trying to do is to attempt to get the blasting over with. The blasting is for the entire blast area, so it would be clear, and my layman's answer to that is, if we were going to blast all that in five years and we were committed to do it continuously until it was done, that we could do the rest of it in half that time. CHAIRMAN COLETTA: So if you didn't get approval to be able to go into phase two, you'd be about two and a half years in phase one? MR. BARBER: We would be at least another two and a half years in phase one to do the blasting required in phase one. CHAIRMAN COLETTA: Okay. And what kind of limitations would be placed upon you as far as the blasting goes under the contract that you have now, or the agreement that you have with the county? MR. BARBER: Limitations in regards to? CHAIRMAN COLETTA: The size of the blast and the frequency of the blast. MR. BARBER: As were proposed, the levels that we're proposing for blasting at this time are on an each-blast basis, are less than half of what the blasts were last year up through June of this year. The low levels are the bottom part of your chart, the gray area on that chart, those are the levels. And you'll see there were some higher ones there. We're -- those were -- we were just experimenting trying to see what it was that those blasts would do using different hole patterns and that sort of thing. But the last six or seven blasts that you see on that list is what we anticipate doing going forward, and I think that that's going to work perfectly for production purposes as well. CHAIRMAN COLETTA: Commissioner Coyle, I thought I saw your light flash on and off. COMMISSIONER COYLE: Except we're 30 minutes overdue Page 154 September 25, 2007 for the court reporter. CHAIRMAN COLETTA: I understand that, but I don't want to lose Commissioner Halas. COMMISSIONER HENNING: Mr. Barber -- COMMISSIONER COYLE: You're going to lose him anyway. He's gone. CHAIRMAN COLETTA: No, security will stop him. COMMISSIONER HENNING: Mr. Barber, the -- you have a yellow line here outlining your mining operation on phase one. You have the hatch marks. MR. BARBER: That is correct. COMMISSIONER HENNING: You have the hatch marks in phase one, you have it outlined. That's where you could blast today, right? Is that where you -- MR. BARBER: Yes. COMMISSIONER HENNING: Okay. So what you're proposing in the hatch marks, you can't blast in that area? MR. BARBER: That is correct, if that's the limitations you were asking about. COMMISSIONER HENNING: I can't see that, so it would be better if you point on the -- MR. BARBER: Point, okay. Here is the existing phase one. All of -- some of this area has already been blasted. None of this has been blasted, and we are limiting to no blasting in that area. That also happens to be the lowest cut. The confining clay layer is lower in that area, so we're only going to be excavating 30 feet altogether anyway, so that works. COMMISSIONER HENNING: So it looks like you're proposing to move away from the residents. MR. BARBER: And, of course, as you know, we're working in that area now. The entire direction is to the northeast, so we will soon be just moving totally out of this area with the blasting, and following Page 155 September 25, 2007 right behind it, of course, with excavation as well. COMMISSIONER HENNING: Where is the berming? Is there berming around -- MR. BARBER: On this map, all of this light area that you see right here is a berm. This is all heavy vegetation, and then there's another berm all along this south side. COMMISSIONER HENNING: Okay. Where is the county looking to put municipal wells at on this? MR. BARBER: I've been talking to Collier County utilities about putting a -- they're looking for 20-foot easement for access, and then 50-by-l 00- foot pads, I think, all along this south side, right along this side. And it will -- it will be along with the South Florida Water Management District's access point as well. And at 24 -- I think they're looking for about 24 wells, something like eight pads. COMMISSIONER HENNING: Okay. MR. BARBER: They are anxious, of course, to get in there right away to one pad to do some testing to see if the waters will work for their program. They're down in the, like the 800 to 1,000 and 1,200 feet. I think they want to do three test wells in that range. COMMISSIONER HENNING: Okay. Well, I see it as a double-edged sword. Ifwe allow -- if we disapprove, you're going to be able to blast closer to the citizens, or Jones Mine is. And if we allow it, they'll -- they're going to move further away. And I just think there's either a misunderstanding on my part for being able to tell the residents what is going to be done as far as the frequencies, as far as impacts of the blasts and so on and so forth. I thought this was better for the residents. So it's either -- it's either a lack of communication or something to that effect. CHAIRMAN COLETTA: Mr. Mudd's got something for us. MR. MUDD: Commissioner, I'd ask you to -- if you take a look at your packet on page 66 of 160. Ijust want to make sure that you understand, you're not -- you're just not stuck with the conditional use Page 156 September 25, 2007 that's already existing. And in your packet on page 66 it basically says, the conditional use 06-AR-9699, this approval is conditioned upon the following stipulation because of the close proximity to the Golden Gate Estates and Collier County. Conditional use approval shall be renewed one year from the date of approval and every two years subsequent to determine what -- COMMISSIONER HENNING: Oh. MR. MUDD: So you have the ability to control blasting even in phase one if you want to, and I thank Jeff Klatzkow for bringing that to my attention. CHAIRMAN COLETTA: When does it come back for review? MR. MUDD: I'd have to look at the date of conditional use 06-AR-9699, but I think Mr. Schmitt could probably pull that up. CHAIRMAN COLETTA: So we do have a little -- some leverage. MR. MUDD: Go ahead. MR. KLATZKOW: You can do that now. CHAIRMAN COLETTA: Come back now? MS. ZONE: Excuse me, Commissioners. They -- Susan Istenes, the zoning director, gave you a report for conditional use 06-996 -- 9966, I'm getting the numbers wrong there. MR. MUDD: 9699. MS. ZONE: Thank you, Mr. Mudd. There was that -- they did the first annual report, and then at -- now they're coming back to extend the con -- their conditional uses. And in this current conditional use, the conditions of approval say, instead of doing it every two years, staff has asked them to do it every year. That was from the Planning Commission request that they do it every year and give a report to staff to provide to you. MR. ANDERSON: Legal point of order. I do not wish to be contentious; however, what the conditions of approval say is it shall Page 157 September 25,2007 be reviewed in one year, not renewed in one year, and the purpose of the review is to determine whether additional stipulations or mitigation are necessary. And if the development services staff and the applicant cannot reach agreement, then it comes to the board for resolution. Under your explosives ordinance, there is a procedure for suspension or revocation of a blasting permit; however, there has to be factual grounds for that to occur, such as proven damage caused by blasting. CHAIRMAN COLETTA: No, no. COMMISSIONER HALAS: The questions I asked. CHAIRMAN COLETTA: Mr. Anderson, let's go back to square one now. We -- if this is disapproved -- if it's disapproved, your client still can blast in phase one; is that correct? MR. ANDERSON: Yes, sir. CHAIRMAN COLETTA: And he'd be able to blast right up to the line rather than to the buffer end; is that what he could also do? MR. ANDERSON: Everything that's outlined in the phase one boundaries subject to blasting. CHAIRMAN COLETTA: And there would be no restrictions on the amount of the blast or would that be limited by previous agreements? MR. ANDERSON: It would be limited by whatever was in existence today for the phase one approval, which did not, by the way, have the strict blasting limitations that have been offered today. CHAIRMAN COLETTA: Okay. And you're saying that when this comes back for review, it's just coming back to be able to look at the thing and be able to evaluate it, but we can't at that point in time say that we're discontinuing it; is that what you're saying? MR. ANDERSON: Today you can't. Under the new conditions that we were agreeing to, we were to come back one year after the excavation permit was issued for a full review and a renewal type procedure. Page 158 September 25, 2007 CHAIRMAN COLETTA: Okay. So if we went-- MR. ANDERSON : You're getting more. CHAIRMAN COLETTA: -- with the particular deal you're offering, in one year we could come back and we could end the whole thing if we thought it was necessary? MR. ANDERSON: Yes, sir, you could end the blasting, and it's one year from when we finally get the excavation permit. CHAIRMAN COLETTA: But now, let me make sure I understand this. Would this be total or it would just be for phase two? MR. ANDERSON: I'm going to defer answering that for a moment. CHAIRMAN COLETTA: Yeah. I think if it's anything it would be both phases, in other words, all or none, to be able to go forward and be able to give some sort of valuation over a one-year period. Right at the moment, I see some real problems. MS. ZONE: Commissioner Coletta, I have the -- for the new conditional use application, if you look at conditions of approval for your CU, it's on page 47, CU-04 -- AR-6904, the very first condition of approval says that the county -- or the BZA may revoke the approval of this conditional use if the approved use or the manner in which the approved use is conducted, managed, or operated, impairs the character and integrity of the zoning district and surrounding area. That does not have to be within one year or two years. You can come back if it's in three months. You could come back if it's in six months and review this. There is then, under number two, just under that, then again, they have to come back every year to staff for the conditional use and go through the process of monitoring this report. CHAIRMAN COLETTA: No. I don't think I'd ever agree just to bringing it back to staff. This is something that should be in the public domain rather than the staff domain. If there's a complaint, it should come back for a full review by the Planning Commission and the Page 159 September 25, 2007 commiSSion. MS. ZONE: And number one gives you the time to revoke the conditional use. And as staff had recommended, that we want to supersede and replace the two conditional uses that are on this mine and go with this conditional use that's before you, because then that gives you the power to revoke this mine operation. CHAIRMAN COLETTA: Okay. Jeff, would you go ahead and sum up what was just said so that it comes -- MR. KLATZKOW: Yes. We'd set it up this way. If you approve this resolution, the prior resolutions are superseded or in debt, okay. So there is no phase one, phase two. There's just what we have now. The conditions allow you to come back at any time that there are problems with this thing to rehear this in the same type of format you're hearing it now, it goes to the Planning Commission, public input, goes to you, public commitment. And if you're not happy that -- with the way things are going there, if you find that this is against the public health, public benefit, public welfare, you can yank the conditional use, and it's over, all right? No blasting. It's done. The mine is done. CHAIRMAN COLETTA: Okay. And what would trigger the review? MR. KLATZKOW: It would probably be triggered by what's happening here, complaints from the neighborhoods, quite frankly. CHAIRMAN COLETTA: Okay. Now, in other words, all it would take is enough interest out there on the part of the public, coming through the commission and asking for it, and then it would go on the agenda at a time that it could be dealt with. MR. KLATZKOW: Yes, sir. THE AUDIENCE: And we'll get it. CHAIRMAN COLETTA: And what -- and what -- and if we don't go along with this and if we just voted down the blasting as it is now, they have the right to be able to do phase one right to the -- Page 160 September 25, 2007 within so many feet of the border? MR. KLATZKOW: They continue what they're doing now, that's correct. CHAIRMAN COLETTA: Or they could be more evasive, because right now there's an agreement in here that they will not do blasting in the whole area around the outside edge. MR. KLA TZKOW: Correct. CHAIRMAN COLETTA: But that condition doesn't exist now does it, by anything that we now have put together? MR. KLATZKOW: No. CHAIRMAN COLETTA: Why do I get a feeling that this is one of those things, no matter what you do, it's not quite right. But to be able to buyout of it -- MR. KLATZKOW: In summary, Commissioner, the deal I do with the -- I hate to say it, the deal with the devil is this. You could increase the mining operations you would have here, but if you don't do it right, neighbors complain, Planning Commission recommends and you find that this is against the public health, the whole thing goes away. So they can keep what they have on a smaller mine or they can go for the whole enchilada and take a risk that you guys down the road could yank the conditional use and it's over. CHAIRMAN COLETTA: Commissioner Henning, your light's on. COMMISSIONER HENNING: Yeah. The conditional use that starts on page 47, that's the old conditional use, correct? MS. ZONE: No, sir. That is the one that's proposed in front of you today. The one that's on page 66 is the one that was approved last -- last year. The reason why -- it's confusing because of the year. They originally came in in 2004 and applied for both phase one and two for blasting to dig deeper. What happened was staff found a lot of environmental issues and tried to resolve those issues. In the meantime, they came back, amended their 1999 Page 161 September 25, 2007 conditional use through the '06 application, and then they came back -- then what they did -- which they did meet the conditions of our -- which was the environmental requirements -- COMMISSIONER HENNING: The EAC -- the EIS? MS. ZONE: Well, not just the EAC, but there was issues with Gopher Tortoise, with the uplands and the wetland preserve. They were able to resolve those and bring them forward, and so then we brought this application back and -- COMMISSIONER HENNING: They had to go through EIS, right? MS. ZONE: Oh, absolutely, very extensive. COMMISSIONER HENNING: Okay. So on page 47, this is the new language. MS. ZONE: Correct. And it's far more -- COMMISSIONER HENNING: So-- MS. ZONE: -- restrictive -- sorry, sir. It's far more restrictive than the conditional uses from 1999, as well as your 2006 conditional uses. And just for clarity, since I'm here now, there was a typo on page 48, number 20. It should read, 18 times and -- but actually number 20 could, just the first sentence would apply because the rest of that stuff has been placed in number 8. And so, it's sort of like a redundant condition of approval, and staffs asking if we can revoke -- and just keep the first one if you do approve this. And also, I -- just to clarify, there was questions about number 33 in the EAC. And the reason why EAC wanted number 33 in was because there really is no standards out there with the district, with Florida Fish and Wildlife, or within the county, and they had two issues. One, first was because of the slope, a standard 4-1 slope. There might be some safety issues, and they know that eventually this might come back and become a development, and they would -- wanted to Page 162 September 25,2007 see an 8-1 slope so that they didn't see anyone falling in. The other part was for -- they wanted the littoral shelves for wading birds. And staff did review it. The review staff did review that new recommendation by the applicants about providing a 5.3-acre littoral area because they feel they approved that one instead of what's currently nnder number 33 because that request is more suitable for creating a foraging habitat for the wading birds, so staff would be welcome -- or would rather have what they recommended for number 33 to be switched out. And if this gets approved, I'll make sure that's done today. And I could read this again if you wanted me to, Commissioner. CHAIRMAN COLETTA: I'll tell you what. When I became preoccupied, Commissioner Halas escaped. So what I'm going to do -- we promised the court reporter we'd give her -- every hour and a half we'd take a 10-minute break. We're going to do so. Meanwhile, I want staff to stay at it with the petitioner and iron out some of these problems that we have so we can come up with something all four commissioners -- and it's going to take all four of them to be able to make it buy into. And also in your heart, look for something that, if we're going to give them even six months or a year, whatever it may be, that they come up with something that's the public good. MS. ZONE: Absolutely. A brief recess was had. (Commissioner Halas is absent for the remainder of the meeting.) CHAIRMAN COLETTA: I want to compliment Commissioner Coyle for the way he handled the gavel a moment ago. And with that, there's been considerable discussion taking place. Who is going to present out there the alternatives that are available to this commission and what the ramifications would be with, first, a negative vote today as far as opening up the possibilities of phase one being to the borders where they could mine to, or maybe coming Page 163 September 25, 2007 together with a way to be able to blend everything together into one package so we have some oversight in about six months? Jeff, would you go ahead and maybe outline some ofthe thoughts that's taken place? MR. KLA TZKOW: I can try. If you deny this request for conditional use, it's -- business continues as usual in the phase one. There's still that year review that you have a chance to come back to, but the blasting will continue the way it has been going. If you vote in favor of the conditional use, they get to a -- they're allowed to expand their mine operations, however, we sort of put a poison pill in there so that if the mine is operated in such a manner as to be inconsistent with the public good, this issue can go back to the board at that point in time, and if the board wants to set a time to hear this six months from now, nine months from now, whenever, you can do that as a condition. And at that point in time, based on evidence presented to you, you can decide to shut down the whole mine. No more blasting at all. CHAIRMAN COLETTA: I mean, shut down the blasting? MR. KLA TZKOW: The blasting, to continue as an earth mine, but you can shut down the blasting. CHAIRMAN COLETTA: Okay. And once again now, if we -- if we were to allow -- if we didn't approve this and phase one is still in place, the oversight we got on that is how limited? MR. KLATZKOW: You can -- you can add additional conditions to their operations, but you cannot -- you cannot revoke the conditional use. So there would be additional conditions, but the blasting would continue. Decrease the level of blasting. There's a number of things you can do, but at the end of the day, there's still an operation. CHAIRMAN COLETTA: I understand. Okay. We've got Fiala and Henning, their lights are both on. Commissioner Fiala? Page 164 September 25, 2007 COMMISSIONER FIALA: Yes, that's about what I wanted to ask. I wanted to know which way the people would be better off. And I would guess that it's going to always be blasting now so there's -- if we disapprove it, there'd always be blasting and we have no say; whereas, if we approved it, I would -- I would guess, everybody's going to be real careful with the blasting because they know at any time we can yank their whole blasting permit, period, right? MR. KLATZKOW: That's correct. MS. ZONE: Commissioner Fiala, you can also add conditions of approval to this current one to make it even more stringent, so we're -- that you can do here at this public hearing, discuss those issues, we'll write them out, get it to the County Attorney for legal sufficiency. CHAIRMAN COLETTA: Okay. Commissioner Henning? I'm sorry. Commissioner Fiala, were you done? COMMISSIONER FIALA: Yeah. I just wanted to clarify that in my own mind. Because just like you, I'm always wanting to know what's best for the people, so -- CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Thank you. I'm a little concerned about the process because we're missing one commissioner. No matter the vote, I'm going to vote in favor of it in order for anybody to reconsider the vote. I just think it needs to be -- because this requires not a supermajority. It requires four votes. MR. KLATZKOW: Yes, sir. COMMISSIONER HENNING: Yep. The-- COMMISSIONER FIALA: Do you want to explain to the audience why you're -- so they understand what a yes vote is? COMMISSIONER HENNING: Well, what it means is, if somebody doesn't like the way the board voted, they have, under our ordinance, a right to petition the board, a board member, to reconsider their vote. So I'm going to do that. May I ask, Mr. Barber, on phase one, if the board says this Page 165 September 25,2007 operation is going to be further away from the residents, if -- once you get your permits on phase two, if the board approves, if we put conditions on it, that you will, once you have your permit, start in phase two in your operation and work to phase one? So in other words, work away from the residents, and then at the end of the operation, finish up in phase one? You know what I mean? MR. BARBER: It's in our interest to get out of Dodge in terms of phase one. COMMISSIONER HENNING: Okay. MR. BARBER: So absolutely we will move in that direction to get out of there. And fortunately, as I've said before, one of the easy reasons to put so much in the no-blast zone on the south side is, that's the -- that's where the confining clay layer is the highest on this site, and so we will be able to excavate, finish the shorelines, and move away from that area the quickest as well. COMMISSIONER HENNING: Okay. So it's in the best interest of you or -- MR. BARBER: And the neighborhood. COMMISSIONER HENNING: -- to get out of phase one? MR. BARBER: That is correct. COMMISSIONER HENNING: Okay. And I see their staff is shaking their head in agreement. All right. CHAIRMAN COLETTA: Okay. Any other comments on this? MS. ZONE: Part of the agreement is that when they come back for their excavation permit, they will come before you. They will have by then the citizen advisory group set up in place and -- as well as the independent engineer who then you can meet -- they can then -- ifthere are any complaints, you can discuss it at that time. And again, just for the record, the current stipulation for this proposed conditional use does state that you can revoke the conditional use. And though the blasting is a state permit without the conditional use, they wouldn't be able to. So you do have that Page 166 September 25, 2007 authority . CHAIRMAN COLETTA: Okay. Mr. Anderson? MR. ANDERSON: Yes, sir. CHAIRMAN COLETTA: I think we got a direction to go with. I can't say I'm happy with any alternatives 100 percent. Here's the part that's totally unfair. We have people that have had their lives disrupted. They've had promises made in the past that haven't been kept. I understand that the agreement that's taking shape now would bind you to be able to make the residents reasonably happy, if not, without any reason, in six months time, or whatever we agree to, you would lose that right, but meanwhile they're losing time from work, their homes have been in disarray, they've been unable to sell their properties. You know, where was the public good on their part? What is in it for them other than the fact, you know, that there may be a road built someplace else in a sooner period of time? Where's the public benefit for these people? MR. ANDERSON: Well, I will--I've discussed this with my client, and we're prepared to, you know, at least make an offer that during the time that any blasting is occurring on this property -- and, again, we're limiting it to a five-year period if everything goes well -- that the applicant would contribute $40,000 a year to a fund that would be directed toward neighborhood improvements within one mile of the boundary of the property. These funds would -- can accumulate to allow for a more significant project. For instance, if this goes on for five years, there'd be $200,000 to work with, two members from the committee to select the independent engineer, two members from the mining team, and a member selected by yourself would compromise -- would comprise the committee to determine how the funds would be used. CHAIRMAN COLETTA: Such things as -- MR. ANDERSON: Bus stops. Page 167 September 25, 2007 CHAIRMAN COLETTA: Shelters for bus -- for kids? MR. ANDERSON : Yes. CHAIRMAN COLETTA: I mean, it's just -- it's a pittance compared to what everybody's gone through and the price they paid here today and the price they've paid in the past. We -- let me put it this way, too. You may only have a life expectancy of this project of six months unless you pulled off some miracles in the meantime and cannot only live up to everything that's been stated would happen right today, but even more, because it's not so much whether their homes cracked or they didn't crack. It's the perception that there's a problem that is the biggest problem of all. And with that, I'm going to make a motion that I'm going to need a lot of help with to be able to make sure that we provide for the protection of the residents that are in that area. It's going to take quite a bit of detail. Jeff, maybe you might be able to help with this. We've covered an awful lot of ground. I know that there's very little options left except to go to a temporary situation with a six-months reprieve for them so we can pick up the whole thing in total to be able to deal with it at a future date. So approval would be subject to? MR. KLA TZKOW: All staff conditions set out in Exhibit D. MS. ZONE: Except for the littoral shelf changed from number 33. This in place of number 33. For number 33 with the EAC, the applicant proposed a much better foraging habitat for wading birds, and that was the concern of the EAC. And this 5.3-acre littoral area, staff would like to go with the applicant, so we'd like to replace that language, which is what's currently under Exhibit D, for condition number 11 -- or 33. Would you like me to read that into the record, that condition? COMMISSIONER COLETTA: I think we're going to have to read everything in the record. I don't want one thing left out. Page 168 September 25, 2007 MS. ZONE: Absolutely. CHAIRMAN COLETTA: I don't want anybody coming back later and saying, well, you forget to dot the I or cross the T. MS. ZONE: Correct. For number 33, which was the EAC recommendation for both phase one and phase two, to have a slope of mined areas that will be an 8-1 slope with the minimum of a -- 10 percent of the circumference planted with littoral plantings. Staff reviewed and would like to have number 3 replaced with -- COMMISSIONER HENNING: Number 33. MS. ZONE: --- number 33, correct, thank you. Provide a 5.3-acre littoral area suitable for wading bird habitat within the created lake. Construction of the littoral area will commence no later than two years from the approval of the conditional use and be finished within five years of the said approval, which is -- that is a pretty fast track for a lake of this size. So that's a condition that staff wants to support for number 33. CHAIRMAN COLETTA: Okay. And that would be part of the motion. MR. KLATZKOW: Did you want to hear this again in six months, Commissioner, to make sure that they were complying? Then with respect to condition number I, which states that the BZA may revoke the approval of the continual use, that there be a hearing six months from today's date or the next -- the nearest board hearing six months from today's date. So -- someone has a calendar? I don't know -- so that there will be a meeting the nearest board meeting six months following today's date, the Board of Zoning Appeals would meet to consider whether or not to revoke this approval of this conditional use. CHAIRMAN COLETTA: And at that point in time, could we address a future meeting if everybody was in agreement to go forward to be able to take it to the next step? MR. KLATZKOW: Yes. Page 169 September 25, 2007 CHAIRMAN COLETTA: Okay. And that's put --I'm sorry, Commissioner Henning; you've got something to add on that, I can see. COMMISSIONER HENNING: Yeah, and I'll second it. CHAIRMAN COLETTA: We're not anywheres near done, but go ahead with the second, if you'd like. COMMISSIONER HENNING: Sure. We correct number 20 to say 18 instead of 8. MS. ZONE: Correct. COMMISSIONER HENNING: And we wanted -- at the end of 19 you want to place it in number 9, I think. No. MS. ZONE: No, number 20, sir. MR. MUDD: It was -- you need to change it from stipulation number 9 to stipulation number 20. COMMISSIONER HENNING: Okay. Number 9 we're-- MR. MUDD: No. At the end of 19, the last -- the last number says, stipulation number 9. COMMISSIONER HENNING: Is going to be added to 20? MR. MUDD: And it needs to be stipulation number 20. COMMISSIONER HENNING: And number 5 we want to say, and an account -- I can't even read my own handwriting. That's bad. MS. ZONE: After neighborhood, sir, it would be, an account for weather conditions, and then -- so the maximum limit of 120 dBI's. COMMISSIONER HENNING: Correct. MS. ZONE: Yes. And the other one was on number 6, sir, where, after exceed, it would say, calendar monthly average, .20 inches per second. COMMISSIONER HENNING: Correct. And that's all I have. MR. KLA TZKOW: You have another condition, sir. I believe the applicant has offered $40,000 per year. I would suggest that $40,000 be on the anniversary date of this conditional use, each and every anniversary date thereafter. And I understand this committee to Page 170 September 25, 2007 be formed as a result of this, and I would leave it to the committee to decide where those monies would be spent, subject to board approval. CHAIRMAN COLETTA: Well, the only problem with that is if it's on the anniversary and if we've got a six-month review, I think it should be something that it was subject to being paid several times a year, maybe twice a year. MR. KLATZKOW: That's fine. CHAIRMAN COLETTA: And then we cover that, you know, because there's been a tremendous inconvenience to the residents. This is just a pittance. It doesn't really do that much, but in the end when everything is all said and done, maybe there might be something out there that will be a direct benefit to the people that live there. MS. ZONE: Also, this is -- because it's a blasting operation, it's monitored through the state. And you can put a condition on here as well that would say that the county will continue to monitor this so that it's not left just to the state. We will continue to monitor it, but there should be a fee that would be a monitoring fee that will be applied to this to cover those costs, and I believe the applicants were agreeable to that. CHAIRMAN COLETTA: And it has to be set up in such a way that if there is nothing ever -- or at no point in time do we ever have to depend upon a fire marshal in Tallahassee to be able to get anything done. The independent engineer that will be hired, I guess, with the committee they have out there, that will be paid for by the Jones Mine, would be able to make these decisions, and there has to be a pot of money -- and I believe it's a half million dollars -- that would be available to draw from to be able to pay any claims that exist, that the engineer would be able to decipher as being a direct cause of blasting. MS. ZONE: Okay. Now, also just for added comfort, our blasting ordinance, 04-55, section 55, subsection 9, says that any blasting would have to have a bond. Currently they have a faithful performance bond of a -- $500,000, and that is for public property or Page 171 September 25, 2007 facilities. There's a new ordinance that will be coming back in front of you, and that's going to be increased to a million dollars. So that's also an added protection measure. CHAIRMAN COLETTA: That money would not be able to be used? MS. ZONE: No. That money wouldn't be used for the pool you're talking about. That's separate, but I just -- this is just another reassurance that there's still also another bond there, so they would have two. CHAIRMAN COLETTA: Okay. Well, my motion does include the necessity for that other bond of a half million dollars to be held aside to be used to be able to settle any damage claims that may exist. MR. KLA TZKOW: Just to make this expressly understood, that this resolution supersedes and replaces the two former conditional use resolutions, which are appealed and rescinded in their entirety and they're no longer of any legal force or effect. CHAIRMAN COLETTA: Okay. That's included also. And, of course, all the recommendations by the Planning Commission and the staff would also be included in there. MS. ZONE: Those are already incorporated into Exhibit D, which was presented to you on page 47. CHAIRMAN COLETTA: What's missing here? COMMISSIONER FIALA: I have one. CHAIRMAN COLETTA: Please. COMMISSIONER FIALA: One of the -- one of the concerns that I heard the residents saying is that when they found cracks or whatever damage to their home, that when whoever came out to take a look at them, they always blamed the house settling rather than their blasting. And if these people are in a blasting zone, I think that that should -- they should be addressed in a more positive way. Don't -- you know, of course, then the contractor or, rather, Jones Mining doesn't have to pay for their damage, but they should be, and Page 172 September 25, 2007 they should be not only willing but wanting to pay for this to be a good neighbor. And I think somehow that needs to be addressed. MS. ZONE: Commissioner Fiala, you're correct. And by having the independent engineer hired by the citizen committee group, that engineer will come out. When there is a complaint, that engineer will look and investigate any home. Ifthere are damages to those homes, the $500,000 suggestion of that bond will then go towards repairing of the homes. CHAIRMAN COLETTA: Okay. Let me make sure I really understand what's taking place here, and I'm going to repeat it probably for the fifth time. What we're doing is we're wrapping phase one and phase two together? MS. ZONE: Correct. CHAIRMAN COLETTA: And in six months time they come back for review, and if the residents have serious concerns that haven't been met, at that point in time we could withdraw the permission to blast? MS. ZONE: Correct. And, you know, the public needs to know that the conditions of approval for this petition in front of you today is far more stringent and gives you far more authority over this mine than what's currently there. And though it seems menacing, it really is more for the health and safety of their welfare. CHAIRMAN COLETTA: And that's my motion. And Commissioner Henning? COMMISSIONER HENNING: Yeah. CHAIRMAN COLETTA: And the second agrees. Any other discussion? Commissioner Fiala, do you have anything? COMMISSIONER FIALA: No. I just wanted to make sure that they were -- their property was looked at more carefully in their favor. CHAIRMAN COLETTA: Commissioner Coyle, anything you want to add? That's enough. Page 173 September 25, 2007 COMMISSIONER COYLE: I don't believe in any of this. CHAIRMAN COLETTA: You're still here. Okay. With that, all those in favor of the motion, indicate by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 4-0, with Commissioner Halas absent. Thank you very much for being here. See you in six months. THE AUDIENCE: Yes, you will. CHAIRMAN COLETTA: Oh. I don't know who's on that committee, but when you meet, I'd like to know about it. And also, one other thing, you've got that blasting report that goes out to several individuals. I want you to make it available in the county website for anybody that wants to see it. MS. ZONE: Commissioners, if the residents want to, I could get -- I have paper. They can give me their names, addresses, phone numbers, provide it to me. I will make sure that they have that for pre-blasting survey. I will also get the list of public speakers. MR. MUDD: Out in the hallway. MS. ZONE: Yes. CHAIRMAN COLETTA: Do that right out in the hallway. Thank you all for being here, today. MS. BURKIT: I'd like to know who's on the committee and who picked them, because we were never notified of meetings -- CHAIRMAN COLETTA: She'll tell you out in the hallway. I don't know who it is either. You got -- well, there's one person there I recognize, the husband and wife team. Okay. Thank you very much for being here. Page 174 September 25, 2007 Yeah, I'm going to ask you to take it out to the hall, please, so we can continue the meeting. Thank you. Item #8A RESOLUTION 2007-275: PETITION: CPSP-2007-6 REQUESTING AN AMENDMENT TO THE POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT, TO ADD REFERENCE IN POLICY 1.7 TO THE PROPOSED "TEN-YEAR WATER SUPPLY FACILITIES WORK PLAN" -ADOPTED MR. MUDD: Commissioner, the next item is 8A. It's CPSP-2007-6, petition requesting an amendment to the potable water sub-element of the public facilities to add reference in policy 1.7 to the proposed IO-year water supply facilities work plan. COMMISSIONER COYLE: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: Okay. We have a motion for approval by Commissioner Coyle and a second by Commissioner Fiala. Any comments? Commissioner Henning, please. COMMISSIONER HENNING: Yeah. Can we just give a synopsis of what we're doing here in I-7? CHAIRMAN COLETTA: Sure. Give you any amount of detail you want. COMMISSIONER HENNING: Well, I want everything. CHAIRMAN COLETTA: Okay. Give us the-- COMMISSIONER HENNING: Don't miss anything. CHAIRMAN COLETTA: Yeah, give us the dollar-fifty tour. MS. VALERA: Carolina Valera, principal planner with comprehensive planning department. I'll try to be brief and try to go over everything. Page 175 September 25, 2007 In essence, this is an amendment to the Growth Management Plan to incorporate by reference a IO-year water supply plan into our potable sub-element of our GMP as it is required of our county by Florida legislature. The water supply plan is a planning tool, and the strategy that we have followed for this -- incorporation of this planning to our GMP, we got caught up in a timing issue. As you know, this amendment is not part of your regular amendment cycle, and we were required, or we are required, to use the latest population methodology that is approved. Now, as you know, our AU -- this year's population methodology won't be approved until November of this year. So we consulted with DCA, the Department of Community Affairs. CHAIRMAN COLETTA: I'm so sorry to interrupt you. MS. VALERA: Yes, sir. CHAIRMAN COLETTA: This item requires everybody to be sworn m. MS. VALERA: No, it does not. CHAIRMAN COLETTA: Doesn't it? MS. STUDENT-STIRLING: For the record, Marjorie Student-Stirling, assistant County Attorney. This is legislative and it need not swear people in. CHAIRMAN COLETTA: Forgive me. COMMISSIONER HENNING: Can we swear at them? MS. STUDENT-STIRLING: That's your choice. MS. VALERA: And so we consulted with the Department of Community Affairs on how we should proceed since we don't have the latest AUIR population methodology approved yet. What they recommended us is to -- for the transmittal hearings of this process, to use last year's, the most recent population methodology that you have approved, last year's AUIR, 2006, for the transmittal of this plan. Page 176 September 25, 2007 And by the time that we come back to you through the adoption hearings, we will update this plan with the AUIR that you will be approving in November. So that's what they have recommended for us to do, and that's what we will be doing through this process. COMMISSIONER HENNING: One more question. CHAIRMAN COLETTA: Please, go ahead. COMMISSIONER HENNING: I know it has to be noticed, from my understanding, noticed and voted on twice during the transmittal and the -- MS. VALERA: Adoption hearing. COMMISSIONER HENNING: -- adoption. We're missing one element of that, correct? I mean, we already heard the transmittal. MS. VALERA: This is the transmittal portion of the process, yes. COMMISSIONER HENNING: Did this go before the Planning Commission? MS. VALERA: Yes, it did, and they had recommendations, and they recommended the board, unanimously, to transmit to the Department of Community Affairs. It also went to the EAC, and they also recommended the board to transmit, unanimously, to the DCA. COMMISSIONER HENNING: And it was publicly noticed properly? MS. VALERA: Yes. COMMISSIONER HENNING: As far as the advertising. MS. VALERA: In the paper, yes. And this is -- COMMISSIONER HENNING: I get the 50-cent version online, so I didn't look -- see it, I'm sorry. MS. VALERA: Yes. It is a publicly noticed hearing, and yes, it was in the newspaper. And it was -- like I said, it went through the EAC. The EAC recommended, like I said, unanimously, to transmit this plan -- this amendment. Page 177 September 25, 2007 They had a concern, and it's above and beyond what is required of us as the county to prepare, and what the concern was is to prepare a plan, prepare a plan also for the -- all those areas east of 951, the Golden Gate area. And their concern is that they would like the board to create some policies for staff to look at since we don't have potable water and sewer for those areas. So, like I said, that's above and beyond what this plan is required of us, but that was their concern. It's just a comment of the EAC. And as far as the CCPC -- I'll try to fast forward this. COMMISSIONER HENNING: Actually you've answered all my questions. MS. VALERA: Oh, okay. CHAIRMAN COLETTA: We've got a motion, we've got a second. Any other comments? COMMISSIONER HENNING: Does the motion maker have to be here? CHAIRMAN COLETTA: I don't know. Mr. Weigel? MR. WEIGEL: The motion maker is not here, but the motion maker -- COMMISSIONER FIALA: He's here. He just shouted. CHAIRMAN COLETTA: Can you hear us all right? Okay. COMMISSIONER HENNING: Do you have a microphone in the bathroom? CHAIRMAN COLETTA: I knew they had a speaker in the rest room, but I didn't know they had a microphone. Okay. We have the motion maker back, so the question doesn't have to be asked. All those in favor, indicate by saying -- COMMISSIONER HENNING: Okay. So we're looking at putting in utilities in Golden Gate Estates too, then, right? MS. VALERA: No, Commissioner. The EAC's comment was that this plan doesn't have a plan for the Golden Gate area and that Page 178 September 25, 2007 they would like the board to create policies to look into that. As you know, we have the 951 vision -- COMMISSIONER COYLE: The answer's no. CHAIRMAN COLETTA: Okay, good. Any other questions? COMMISSIONER HENNING: Oh, thank you. CHAIRMAN COLETTA: Any other questions, Commissioner Henning? COMMISSIONER HENNING: That's it. CHAIRMAN COLETTA: Okay. With that, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 4-0, without Commissioner Halas. MS. VALERA: Thank you. Item #8B RESOLUTION 2007-276: SETTING LANDFILL TIPPING FEES, RECYCLING CENTER FEES, RESIDENTIAL MUL TI-F AMIL Y AND COMMERCIAL WASTE COLLECTION FEES FOR FY08. THIS RESOLUTION ADOPTS THE RATES THAT FUND THE FY08 BUDGET FOR SOLID WASTE DISPOSAL - ADOPTED MR. MUDD: Commissioner, that brings us to 8B, which used to be I7E, and that is -- that's a correction to amendment number 3. There is a revision in the total hold charge per load figures, and the Page 179 September 25, 2007 executive -- the agenda title reads, to obtain approval by the Board of County Commissioners for the annual rate resolution to set landfill tipping fees, recycling center fees, residential multifamily and commercial waste collection fees for FY-'08. This resolution adopts the rates that fund the FY -'08 budget for solid waste disposal. And John Y onkowsky, your Director for Operations and Collections, will present. MR. YONKOWSKY: Good afternoon, Commissioners. For the record, my name is John Y onkowsky. Agenda item I7E was moved at staff request to allow a correction to be read into the record before the rate resolution was adopted by the board. Attachment number three to the rate resolution, which is titled Roll-off Service Regular Commercial Customers, has incorrect rates for the total haul charged per load for both the per 30- and 40-cubic-yard containers. The resolution as presented has, as you can see on the visualizer, for a 30-cubic yarder, the haul rate range is $108.06 to $170.71. It should be $111.76 to $176.52. For the 40-cubic yarder, the rate resolution as presented has 108.06 to 170.71. It should be II1.76to 176.52. The proposed rate calculation was incorrect due to a staff error that did not follow the calculations required in the contract with the hauler. If the rate resolution is approved by the board today, the correct rate will be in the resolution that's submitted to the chairman for signature. Ifthere are no questions, that concludes the rate presentation. CHAIRMAN COLETTA: Any questions? COMMISSIONER HENNING: Yes. County Manager, can you put that back up there what you had? Because it looks like we're going from 111 to a variable rate. MR. YONKOWSKY: No, Commissioner. It's a range. The -- if you live close to the landfill, you get the lower rate. When they -- Page 180 September 25, 2007 COMMISSIONER HENNING: Okay. MR. YONKOWSKY: And then as you go out further, the rate per mile increases. COMMISSIONER HENNING: Okay. So it's less than a CPI increase? MR. YONKOWSKY: It is a CPI and a franchise increase is what it is. COMMISSIONER HENNING: It is CPI? MR. YONKOWSKY: CPI plus the franchise. COMMISSIONER HENNING: Okay. So it's only going up anywhere from $3 for the 30 yard -- $3 to $77 MR. YONKOWSKY: Yes, sir. COMMISSIONER HENNING: Okay. Well, I'm glad you clarified it. Thank you. Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: We have a motion to approve by Commissioner Henning, second by Commissioner Fiala. Any other comments? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: 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 Halas absent. MR. MUDD: Commissioner, you have on your agenda a time certain that would be after 3 o'clock, and that would be the Bayshore Page 181 September 25, 2007 Gateway Triangle CRA elements that are under paragraph 14. Ifit's the board's pleasure, we could get at that particular issue. CHAIRMAN COLETTA: There you are. MR. MUDD: Mr. Weigel, if you could -- if you could help me at this particular juncture. Mr. Klatzkow? Mr. Weigel? MR. WEIGEL: Yes. MR. MUDD: The board is about ready to leave the BCC agenda and start the CRA agenda. Are there any formalities that the chairman needs to do? MR. WEIGEL: Thank you, Jim. The chairman can recess the board meeting and turn the gavel over to the chairman of the CRA, Ms. Fiala, who will initiate the CRA meeting. COMMISSIONER HENNING: I make a motion we recess the board. CHAIRMAN COLETTA: I recess the board at this point in time. Do we need a form of a motion and second? MR. WEIGEL: No. You may do so. You've done that. CHAIRMAN COLETTA: Okay. We're recessed. Now do your magIC. Item #I4A COMMUNITY REDEVELOPMENT AGENCY FY2007 ANNUAL PERFORMANCE APPRAISAL REVIEW FOR THE BA YSHORE GATEWAY TRIANGLE EXECUTIVE DIRECTOR AND DETERMINE THE FY2007 MERIT PAY AWARD FOR LUMP SUM PAYMENT FROM THE FY2008 BUDGET - APPROVED MR. MUDD: That will bring us to our first item, which is I4A, it's the Community Redevelopment Agency FY -2007 Annual Performance Appraisal Review for the Bayshore Gateway Triangle Page 182 September 25, 2007 executive director, and determine the FY -2007 merit pay award for lump sum payment for the FY -2008 budget. COMMISSIONER HENNING: Mr. Chairman -- Madam Chairman? CHAIRMAN FIALA: Yes. COMMISSIONER HENNING: I'd like to make a motion that we approve and use the same standards that we use for the county's -- County Manager and county commission's office, and that would be based upon the grading. COMMISSIONER COYLE: I'd second it. COMMISSIONER COLETTA: Okay. Did you want the numbers? COMMISSIONER COYLE: Sure. COMMISSIONER COLETTA: And I'm sorry. What's the number again, I4A? COMMISSIONER COYLE: I4A. MR. MUDD: It's I4A, sir. COMMISSIONER COLETTA: Okay. 4.1 out ofa possible 5 is 82 percent, times the maximum amount if you had a perfect score of 11,517 equals 944. -- $9,442.94. COMMISSIONER COYLE: Motion to approve. COMMISSIONER HENNING: Yeah, that's part of the motion. COMMISSIONER COYLE: Okay. CHAIRMAN FIALA: Okay. I have a motion and a second. Any further discussion? (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign? Page 183 September 25, 2007 COMMISSIONER HENNING: May I say something? CHAIRMAN FIALA: Yes. COMMISSIONER HENNING: Mr. Jackson, you and I have differed in the past, but I just think you're doing a wonderful job. I mean, you're so passionate about your job. And I think the CRA is very fortunate to have you at the helm guiding this great project. Thank you. MR. JACKSON: Thank you, sir. Item #14B COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (CRA) TO APPROVE A CLOSING DATE EXTENSION TO A PURCHASE CONTRACT FOR CERTAIN REAL PROPERTY WITHIN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AGENCY AND AUTHORIZE CRA CHAIRMAN TO SIGN THE EXTENSION - MOTION TO WITHDRAW THIS ITEM - APPROVED CHAIRMAN FIALA: Okay. We go on to 14B. MR. MUDD: Okay. And that is a recommendation for the Collier County Community Redevelopment Agency to approve a closing date extension to a purchase contract for certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency and authorize the CRA chairman to sign the extension. MR. JACKSON: Madam Chairman? CHAIRMAN FIALA: Yes, sir. MR. JACKSON: If I may, David Jackson the Executive Director for the Bayshore Gateway Triangle Community Redevelopment Agency. This item was placed on the agenda after our discussions two weeks ago about the property and the Supreme Court ruling. I was Page 184 September 25, 2007 tasked with four items to achieve. Two of them could not happen before today's date. As an update, the first item I ran was -- I ran two items parallel. The first one was for an extension, another was also for an assignment of contract. Neither of those were able to come to fruition. At this point I have received a phone call, 12:30 today, from the owner of the property. He will not give us an extension without extra money down. He did said -- he did say, I do want to sell this property to the CRA and I know that the CRA board wishes to purchase this property if, in the future, near future, you acquire the funds to purchase, so I will give you a $100,000 credit towards that purchase, which was the $100,000 that was put down on the property that will be lost because we will not able to perform today. As I briefed last week, it was circumstances beyond the control of the Board of County Commissioners and the CRA board, factors that we could not control. The owner of the property says, it's nothing against the CRA or Collier County, it's economics. It's a business decision with him. And he called me personally to express that to me. So today actually this item is withdrawn if you want to withdraw, if you want to -- until we find future funding. One of the things that hopefully you've been apprised of is that the Supreme Court has agreed to rehear the decision on October 9th. I talked with bond counsel, and he said, between 30 and 60 days after that date we should expect some kind of results, or to read out whatever that would be, and then we'll proceed from there. With the County Attorney's Office, I am proceeding with language for a referendum on January 29th, and will be coming back to you for approval. We did everything we could. COMMISSIONER COYLE: Yep, I think you did. MR. JACKSON: We're at a nexus at the moment. COMMISSIONER HENNING: Madam Chair? CHAIRMAN FIALA: Yes. Page 185 September 25,2007 COMMISSIONER HENNING: I'm -- are we going to have a January 29th ballot question to piggyback on? MR. MUDD: Commissioner, you're going to have-- MR. KLATZKOW: Yes. MR. MUDD: You're going to have a January 29th primary. MR. KLATZKOW: Presidential primary. COMMISSIONER HENNING: Presidential primary. MR. MUDD: And that's going to happen. COMMISSIONER HENNING: Okay. The constitutional amendments are not? MR. MUDD: Right now it's -- right now it's been declared unconstitutional, but no doubt it will have a Supreme Court appeal. And I don't know what the legislature's going to do to amend the language either this next special session. COMMISSIONER HENNING: Yeah, that's scary. So actually when we want to vote not to approve we request Mr. Jackson to bring back further items back to the Board of Commissioners? MR. JACKSON: Yes, sir. COMMISSIONER HENNING: Or the CRA board, MR. MUDD: We want to withdraw I4B, sir. COMMISSIONER HENNING: Can we withdraw after we voted on the whole agenda? Do we have to take action on each item as per our ordinance? MR. WEIGEL: You can remove an item from the agenda at any point during the course of the meeting. At the beginning of the meeting you just set the agenda, and items that are removed at that point in time typically are not heard or placed on the agenda later. You have flexibility. COMMISSIONER HENNING: Okay. Well, I make a motion to remove this item. CHAIRMAN FIALA: Second. Any discussion? Page 186 September 25, 2007 (No response.) CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: Very good. Item #I4C COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (CRA APPROVING A REQUEST FOR PROPOSALS (RFP) SCOPE OF WORK TO SELL CRA OWNED LAND; APPROVE THE EXECUTIVE DIRECTOR TO ADVERTISE THE RFP THROUGH THE COUNTY PURCHASING DEPARTMENT AND RETURN WITH RECOMMENDATIONS - APPROVED MR. MUDD: Commissioner, the next item is I4C. It's a recommendation for the Collier County Community Redevelopment Agency to approve a request for proposals, scope of work, to sell CRA-owned land, approve the executive director to advertise the RFP through the county purchasing department, and return with recommendations. CHAIRMAN FIALA: Okay. MR. JACKSON: Yes, ma'am. I put a pro forma in there in the executive summary of scope of work and also some other backup data. That is not the complete RFP because there's a lot more purchasing verbiage that goes along with that, but the intent of putting the Page 187 September 25,2007 property out for advertise -- public advertisement to dispose of government property in the manner of which the CRA wishes to make a catalyst project go has been presented to you. I'm here to receive your comments, recommendations, and to go forward with the RFP. COMMISSIONER HENNING: So moved. CHAIRMAN FIALA: Commissioner Coyle? Oh, I'm sorry. COMMISSIONER COYLE: Yeah. I just would like to make sure that whatever request for proposals you distribute, we maintain the right to refuse all proposals because if the Supreme Court decision is made in our favor, we should retain the flexibility to seek the loan that we previously had sought rather than selling off property because now is not the best time for us to be selling property. So I'd just like to retain the flexibility to reject on all proposals if the Supreme Court decision comes in in our favor. MR. JACKSON: Yes, sir. I'll put that language in there. CHAIRMAN FIALA: Okay. Commissioner Henning? (No response.) CHAIRMAN FIALA: Any discussion? (No response.) CHAIRMAN FIALA: Do I hear a motion? MS. FILSON: You don't have a second. COMMISSIONER COYLE: Commissioner Henning already said -- COMMISSIONER HENNING: Motion to approve -- COMMISSIONER COYLE: I'll second. COMMISSIONER HENNING: -- with those amendments. COMMISSIONER COYLE: And I'll second. CHAIRMAN FIALA: Okay. I have a motion on the floor and a second. Any further discussion? (No response.) Page 188 September 25,2007 CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: I will now close the CRA meeting and hand the -- CHAIRMAN COLETTA: And re-open-- CHAIRMAN FIALA: -- the gavel back. CHAIRMAN COLETTA: -- the Board of Collier County Commission meeting. Mr. Mudd? Item #IOB ADVISEMENT GIVEN TO THE BOARD OF COUNTY COMMISSIONERS CONCERNING A CHANGE IN FLORIDA STATUTES REGARDING THE USE OF ALL TERRAIN VEHICLES (ATVS) ON UNPAVED COUNTY ROADS- PRESENTED AND DISCUSSED MR. MUDD: Commissioner, that would bring us to lOB, and this is advisement of the Board of County Commissioners concerning a change in Florida regarding the use of all-terrain vehicles, ATVs, on unpaved county roads. Mr. Bob Tipton, your director of traffic operations, will present. MR. TIPTON: Good afternoon, Commissioners. Bob Tipton, Director of Traffic Operations, for the record. The 2006 Florida legislature in passing Florida Statute 316.2123 allowed for the use of all-terrain vehicles, or A TV s, on the public roads in Florida, given two caveats, one is that the A TV s are allowed Page 189 September 25, 2007 only on unpaved roads with a speed limit of less than 35 miles per hour, and they also allowed that the board of the county that wishes to can exempt itself from this statute and not allow the use of the A TV s on those roads. One of the problems with the way the lawsuit was written was that you had to exempt all the roads or none of the roads. Collier County chose to exempt all roads, and the board passed a resolution in September of 2006, which is 256A, which exempted all county roads from the use of ATVs, making it prohibitive. In 2007, in the House Bill 985 the legislature came back with a couple of amendments to this A TV statute. The main one affecting Collier County that the county may designate roads specifically that can be used for A TV use but not generally allowing all roads to be used. Once again, it requires a public hearing, and the roads must be appropriately marked to inform people that they can be used there. Traffic operations staff, both with the original and with the amended version, still has concerns with A TV s on county roads, especially in regards to traffic conflicts with traffic from residences that might be on that road and mining in the area, agricultural operations, or even construction in the areas when houses are being built and such. Also, there could be possible problems with parking of cars and trucks with trailers when people trailer their A TV s out to these -- any area that might be designated as such; however, knowing of the board's previous interest in this issue, transportation wanted to make the board aware of the changes in this A TV statute, and now doing so, we stand ready to follow the board's direction if you should wish to re-open the discussion of the A TV use, schedule another public hearing, or even just let the current resolution stand as is. CHAIRMAN COLETTA: Yeah. Bob, this was an effort that I assisted Mike Davis on to try to offer our residents some alternatives Page 190 September 25, 2007 out there to -- which is basically zero at the moment. I'm really concerned, you know. I mean, I understand why transportation would not be supportive of it. There are -- there are issues that have to be resolved; however, I think that if we brought this back to the full commission where we might look at all the possibilities, including roads in the Picayune, roads in the Big Cypress, because it would be state roads or county roads, by the way and -- to be able to hash it out exactly what is doable, and even look at the possibility of unpaved roads with no houses on it in parts of the -- Collier County. Just -- I doubt seriously it will fly, but I don't want to dismiss anything out of hand. I'd very much like to see that brought back so that we could explore all those possibilities. MR. TIPTON : Would you like us to examine and report back to you on any areas that we can locate that would allow such use? CHAIRMAN COLETTA: That's what I would like to see, but I'm just one commissioner out of four that's here today. I hope that they agree with me. There may be some opportunities here that -- of course, if we do get into the park, the Picayune or the Big Cypress, we have to make sure we do it in the least obtrusive way possible and to be able to assure people will remain on the roads or the trails that are provided there. MR. TIPTON: Well, John Vliet, our superintendent of the road and bridge department has gone through his records. We have come up with 33 locations, mostly in the Golden Gate Estates, in which there are roads with no one currently living on them. The trouble with most of these are they're fairly short. There is one that's 4,200 feet long, another one that's almost a mile long, which would allow some, but then there's also an area which I'm not as familiar with as John is, so I'll let him describe it. COMMISSIONER COYLE: Mr. Chairman? CHAIRMAN COLETTA: Yes. Page 191 September 25, 2007 COMMISSIONER COYLE: Could I -- CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: This was advertised as an advisement of a change in state legislation. It is not a topic where we're going to consider roads for A TV use. That has to be properly advertised. I don't know why we're getting into this at this point in time. CHAIRMAN COLETTA: We're asking to bring it back, sir. COMMISSIONER COYLE: No, I'm not asking -- I'm happy with the current regulations. But you know, if you've got a majority of commissioners who want to do that, let's have a vote to bring it back. But let's not sit here and talk about roads in the county we might want to make -- CHAIRMAN COLETTA: Okay. COMMISSIONER COYLE: -- for ATV use. CHAIRMAN COLETTA: Let's do this. Let's go to Commissioner Henning, and then we'll make a motion, whatever we want to do. Commissioner Henning? COMMISSIONER HENNING: Do we have any say-so on state roads in this new bill, the local county? MR. TIPTON: It doesn't specifically say one way or the other. COMMISSIONER HENNING: Okay. Well, could we -- could we make an A TV -designated area on 4th Street South? MR. TIPTON: Is that a county road? COMMISSIONER COYLE: That's in the city. You don't have the authority to do that. COMMISSIONER HENNING: Are you sure? COMMISSIONER COYLE: Yes. I'm absolutely positive. COMMISSIONER HENNING: It's within the county. COMMISSIONER Coyle: It doesn't make any difference. That's a very dangerous road to put A TV son. COMMISSIONER HENNING: Oh, okay. Appreciate your Page 192 September 25, 2007 input. CHAIRMAN COLETTA: There's more to this than meets the eye, I assure you. Thank you. We have one speaker, and then we'll go ahead and take direction. MS. FILSON: Jeff Moscardelli. MR. MOSCARDELLI: Jeff Moscardelli, for your knowledge. We wouldn't be here again today had we finally told people, look, I'm sorry, you've got to leave Bad Luck Prairie. I mean, there's been a lot oflying. We've been duped over, screwed over. Some of us would like if you people would just stand up to them and tell them, that's it, leave, or we'll ask the Collier County Sheriffs Department to go down there and force you to leave. We had a fine place to go camping, to go riding, to go swamp buggy riding. I don't know what happened. And I thought people voted because they had faith in you, and I'm starting to think there's a lack of faith. This past week I got picked out of the Pic -- Jane Street down in Copeland. It's a dirt road that goes way on out there down in Fakahatchee Strand. Nobody's out there. People drive trucks and they drive cars up and down it just to see. But you cannot drive an A TV on it, and it's kind of ridiculous. The closest place we have right now, if you know where the intersection is on 41 and Everglades City, drive another 22 and a half miles, then you've got to go all the way in and get an okay from Big Cypress, and they'll be lucky if they give you a sticker as well as, you know, a permit basically to ride, and then maybe a map. So you can go way the hell out into where no one will ever find you. And then you've got to almost buy another GPS system or something. It's gotten ridiculous. I mean, some of us are really angry about this. And the more we're getting lied to, the angrier we're getting. I mean, this past week alone we were told we were supposed Page 193 September 25, 2007 to get a park, but then we were told it was going to be halfway out to Immokalee. Nobody wants to be out to Immokalee. Then we were told it's all -- technically almost out in Hendry County, so it's not even in Collier County. The lies on this are getting worse and worse. I mean, you can call us crackers, you can call us rednecks, call us swamp necks, I don't give a damn anymore. Some of us would like to be taught with some respect. It seems people are moving in here and then feeling like, ah, screw them, we're putting up another golf course. I've never seen people that would act so rude so fast in this county. And when we just wanted was the raping and pillaging of this town to stop and just let things be the way it used to when it used to be Florida. It's no longer Florida anymore to a lot of people who live here. Thank you. CHAIRMAN COLETTA: Thank you. Well, that was refreshing. Wait, wait, wait. Let's wait for Commissioner Fiala to get back. COMMISSIONER HENNING: Well, let's just give the -- it's a direction. Let's just give the direction to see ifthere's any appropriate place on roads within Collier County to create this kind of activity. CHAIRMAN COLETTA: Do we have three commissioners that agree? COMMISSIONER HENNING: Commissioner Coyle's shaking his head. CHAIRMAN COLETTA: He's shaking it the wrong way. COMMISSIONER HENNING: See, I told you. COMMISSIONER COYLE: It's up to you, Commissioner Coyle. COMMISSIONER COYLE: I'll agree. CHAIRMAN COLETTA: Okay, great. We've got four people agreeing, with Commissioner Halas absent. Thank you very much. Page 194 September 25, 2007 Oh, Mr. Mudd, point of -- brought up a good point. Where are we with our park, the temporary park that's near the Hendry County line? How's that coming forward? MR. MUDD: Mr. Schmitt can give you an update because they just had a -- they just had a meeting with Clarence Tears and his folks and our parks and recs. folks. I think we're a lot closer than we were before. CHAIRMAN COLETTA: Yeah, well, we're about, what, six months behind from what we thought we'd be. MR. SCHMITT: For the record, Joe Schmitt, your administrator of Community Development Environmental Services Division. We had a meeting last week, and basically what we're going to do is, the regulations require it to be reviewed before they -- the EAC, Environmental Advisory Council, and that's an EIS, but talking with the staff last week, Richard Woodruff who, of course, works for WilsonMiller and representing the staff on this, along with Clarence Tears, and basically what's going to happen, they're going to do a site visit, the staffs will walk the site out there, they've already did delineations on the wetlands. It's going to be deemed not to be -- basically there's not going to be any land work or any work -- activity being done, so we're going to give an early work authorization, allow them to start placing the hay bails out there, delineate and mark the wetlands that have been determined, put the hay bails in. Instead of an EIS, Mr. Woodruff will package what they have, and that is an environmental assessment. They've already got most of that information on the Alico property. We will schedule a briefing before the EAC in November and get this thing approved, or at least looked at by the EAC and get it approved. And fundamentally then WilsonMiller will prepare the final packet noting parking areas, all the other type of activities that will take place, and we'll try and get this thing opened by -- I'm going to Page 195 September 25, 2007 look at Marla because I know I'm going to put her on the spot. We were looking hopefully by the first of the year, ifnot earlier. But it's an EA -- early work authorization, get out there, do a joint walk with -- between the district, the county staff, and the environmental staff, define the areas that need to be protected, put the hay bails out, get the environmental assessment before the EAC as required by your compo plan and your code. It's going to be, like I said, in the environmental assessment instead of an EIS. And Marla, do you have anything to add? MR. MUDD: Commissioner, what makes this -- what makes this a little bit unique is the fact that you have an agreement signed with the South Florida Water Management District that basically states that after this temporary use is done out in this -- in this land, that they will re-establish the land pre-A TV use. So you've got a guarantee for mitigation and whatever from that environmental thing. So that makes this very different than going through an EIS and this particular issue, that's why we're -- CHAIRMAN COLETTA: Yeah. Meanwhile we've got a certain segment of our population who is very distraught over how long it's taken. Do you think we could have a news release put together so that we can bring them up to date and tell them what we expect it would be? I think it would be most beneficial if we could do that. Total update. And maybe we can also include the fact that we've got this item on the A TV for county roads and state roads coming to us for consideration. Try to roll the whole thing together so at least it shows some effort on the -- our part to be able to meet some of their needs. The next item, Mr. Mudd, I'd like to go to lOG next, if we could. Item #IOG A CHARITABLE ORGANIZATION IMP ACT FEE DEFERRAL IN THE AMOUNT OF $79,303.77 FOR FUN TIME EARLY Page 196 September 25, 2007 CHILDHOOD ACADEMY, INCORPORATED - APPROVED MR. MUDD: Commissioner, lOG is a recommendation that the Board of County Commissioners of Collier County, Florida, approve a charitable organization impact fee deferral in the amount of $79,303.77 for Fun Time Early Childhood Academy, Incorporated. Ms. Amy Patterson, Impact Fee Manager, and Mr. JeffKlatzkow, Assistant County Attorney, will present. CHAIRMAN COLETTA: Motion to approve. COMMISSIONER FIALA: Second. MS. FILSON: I have speakers. CHAIRMAN COLETTA: Oh, okay. We'll do that, too. Okay. We have a motion by Commissioner Coletta and a second by Commissioner Fiala for approval, and we've got Commissioner Henning's light on, but go ahead and Commissioner Henning will ask the first questions. Do you want just want to take questions? MS. PATTERSON: That's fine. CHAIRMAN COLETTA: Okay. Commissioner Henning? COMMISSIONER HENNING: Shouldn't we put a limit on when there should be a payback on the impact fees? CHAIRMAN COLETTA: I don't feel so. COMMISSIONER HENNING: So it's really not a -- it could be a potential waiver. COMMISSIONER COYLE: It is a waiver. COMMISSIONER HENNING: Yeah. CHAIRMAN COLETTA: Yeah. That's what it's called. It's-- the only condition to it is that if they use the building for another use, at that point in time they have to pay it back, which is only right. MS. PATTERSON: That's correct. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: And this is to help grow the Page 197 September 25, 2007 infrastructure out there for such organizations. I'm sorry. Commissioner Coyle, I didn't mean to ignore you. COMMISSIONER COYLE: That's okay. I appreciate your motion to approve because I support this effort to help the Fun Time Nursery. Commissioner Henning raises a very valid point. We've got to give some consideration to how we get these impact fee deferrals, which are really waivers, paid back. We need to work out a way to get this done without adversely impacting good, worthwhile, charitable organizations such as this. Maybe there's a way to work it out so that they start paying it back at some future point in time, maybe 10 years from now, spread it over 10 years, some way -- you've got to replenish that fund, because if you don't replenish the fund, you're not going to have any to provide to the next charitable organization that wants the waiver or a deferral. So we really have to give some thought to these kinds of things. I also have been assured that the Fun Time -- well, Fun Time Early Childhood Academy procedures are that all applicants of Fun Time must provide the child's original U.S., state or local government-issued certificate of birth, certified copy, not a photograph, as well as a child's social security card. And if the child has been born outside the United States, Fun Time requires the child's green card, which is a United States permanent resident's card, as proof of legal status. So they've taken all of the precautions that we demand of others who get deferrals, so they're trying to play by the rules of the game. But we have to get a program to get this money paid back, okay. So my request is that the county commission direct the staffto come up with some alternatives about how we begin to do this in the future, okay. CHAIRMAN COLETTA: I'm more than willing to look at the alternatives, although when we originally set this up, it was built upon Page 198 September 25, 2007 interest money that comes in, correct? MS. PATTERSON: That was the way that the program was originally set up. CHAIRMAN COLETTA: Yeah. And it's been $2,000 a year maximum, and we've been many years with nobody tapping the funds. And the whole idea was -- was to encourage people to grow the infrastructure. The government's not going to get involved. We're just giving them a hand so they can cover the fees that government imposes upon them. That was the thought. But I'm always willing to look at it from a different direction. And with that, we've got how many speakers? MS. FILSON: Five. CHAIRMAN COLETTA: Okay. Knowing that you've got three commissioners in favor of it, you may want to keep your comments brief. And if someone is the spokesperson and the people agree, that would be wonderful. No, that's okay. Stay seated. Your name will be called, sir. Go ahead. MS. FILSON: Willie Anthony. MR. ANTHONY: I defer based on the chairman's comments. MS. FILSON: Peter Manion? He'll be followed by Franny Kain. MS. KAIN: I defer, please. MS. FILSON: Skip Zink? MR. ZINK: I'll defer as well. Thank you. MS. FILSON: Okay. Go ahead. MR. MANION: That's it? Well, thank you very much. This is a great program. MR. MUDD: State your name, sir. MR. MANION: I'm sorry. Peter Manion. I'm the co-chair of Fun Time Early Childhood Academy in River Park. As you may know, we have made plans for a new facility. We have been serving children in the River Park community for the last Page 199 September 25, 2007 45 years. Hurricane Wilma essentially decimated our facility. The plans are very well along on the new facility. It will be in the River Park community. We will expand our service level from the current 50 kids to 75 kids. This -- this deferment will provide us not only the additional monies, but it will also provide us the opportunity to draw down an equal amount of funds that were committed to us from the Naples Community and Education Foundation or the Wine Festival. So it really doubles the amount of funds available to us for that facility. So I would certainly appreciate your support. MS. FILSON: The next speaker's Ernie Bretzmann. CHAIRMAN COLETTA: I'm sorry. Before we go on, there was a question Commissioner Fiala had, I think, of the speaker. I'm sorry I didn't grab this sooner. I apologize for dragging you all the way up front again. COMMISSIONER FIALA: You love walking there, huh? MR. MANION: That's right. COMMISSIONER FIALA: Commissioner Coyle mentioned that all of these children must be here legally. Do you require their parents to be here legally? MR. MANION: As I understand it -- and Franny -- I could ask Franny to respond to that question because she is the executive director and really handles that segment, so let me push that off to Franny so I don't lead you astray. MS. KAIN: Hello. Thank you, Mr. Chairman, and Commissioners. I'm Franny Kain, the executive director at Fun Time Earlier Childhood Academy. And in answer to that question, to the best of our knowledge, we do believe that all the parents are here legally. We have documentation on all of the children. So that would be the answer that I could give to you. Thank you. CHAIRMAN COLETTA: Ernie, go ahead. I'm sorry. Do you have any other questions? Please, Ernie. Page 200 September 25, 2007 MR. BRETZMANN: Thank you. Good afternoon. My name is Ernie Bretzmann. I'm with the United Way of Collier County. I had a three-minute speech planned out, but I just want to thank the board for considering this request. It's extremely important. United Way has been a funding partner of this agency for almost the 45 years they've been existence. They provide a very valuable service to the community, to the low-income working families in our community, and we're very proud to support them. And we think your action, if you approve this, will be very helpful to them. As one who built the YMCA on Marco Island a few years ago, I realize how important it is when you finish your capital project to not have any debt. And if you do approve this request, that will put them in that position so they won't have any capital debt. And I make one promise to you. The kids at Fun Time will make no noise. Thank you very much. COMMISSIONER HENNING: The vibration of the current. CHAIRMAN COLETTA: He's been here for a while, we can tell. Any other speakers? MS. FILSON: That's your final speaker, sir. CHAIRMAN COLETTA: Fine, okay. 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. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) Page 201 September 25,2007 CHAIRMAN COLETTA: And the ayes have it 4-0, with Commissioner Halas absent. MR. BRETZMANN: Thank you. CHAIRMAN COLETTA: Thank you. Item #IOC RESOLUTION 2007-277: A SUPERSEDING RESOLUTION AUTHORIZING THE CONDEMNATION OF FEE SIMPLE INTERESTS AND/OR THOSE PERPETUAL OR TEMPORARY EASEMENT INTERESTS NECESSARY FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS REQUIRED FOR THE FOUR-LANE AND SIX-LANE EXPANSION OF OIL WELL ROAD FROM IMMOKALEE ROAD TO CAMP KEAIS ROAD - ADOPTED MR. MUDD: Commissioner, that brings us to IOC, which is a recommendation to adopt a superseding resolution authorizing the condemnation of fee simple interest and/or perpetual or temporary easement interest necessary for the construction of roadway, drainage, and utility improvements for the four-lane and six-lane expansion of Oil Well Road from Immokalee Road to Camp Keais Road. Project number 60044; estimated fiscal impact, $12,780,000. Mr. Jay Ahmad, your Director of Transportation, Engineering, will present. COMMISSIONER HENNING: Motion to approve. COMMISSIONER FIALA: Second. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: We have a motion to approve by Commissioner Henning, and I'll recognize Commissioner Fiala's second first before yours, Commissioner Coyle. MR. AHMAD: I just may add for the record -- and because this Page 202 September 25, 2007 is a condemnation -- a superseding condemnation resolution, I just want to make sure that your prior consideration that you heard on May 8,2007, is still valid and you've considered safety, environment, and option alternatives and public health and safety and welfare in your consideration of this one as well. CHAIRMAN COLETTA: Of course. You're past the issues with soil and water, I hope? MR. AHMAD: Yes. CHAIRMAN COLETTA: Okay. With that, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 4-0, with Commissioner Halas absent. Item #10E WORK ORDER URS-FT-3657-07-II WITH URS CORPORATION SOUTHERN (URS) FOR A TOTAL COST NOT TO EXCEED $825,250 WITH A FIRST PHASE COST OF $198,840 TO PROVIDE PROJECT MANAGEMENT AND OVERSIGHT SERVICES FOR THE DEVELOPMENT OF WATERSHED MANAGEMENT PLANS REQUIRED BY THE GROWTH MANAGEMENT PLAN - APPROVED MR. MUDD: Commissioner, that brings us to -- that brings us to IOE, and that's a recommendation to approve work order URS-FT-3657-07-II with URS Corporation Southern for a total cost Page 203 September 25, 2007 not to exceed $825,250 with a first phase cost of$I98,840 to provide project management and oversight services for the development of watershed management plans required by the Growth Management Plan. Mr. Bill Lorenz, your director of natural resources, will present. MR. LORENZ: Yes. For the record, Bill Lorenz, Natural Resources Director. This begins the development of the framework to initiate and to further manage the water management plans that are required by the -- by your Growth Management Plan. Within the Growth Management Plan, we have two key dates that we have to keep in mind for the watershed management plans. One is January 2008, for which we have to prioritize watersheds, which we are already beginning the staff work to do that and bring that forward to you by that time frame. And, of course, the end date -- total end date is January, 2010, to actually complete the watershed management plans themselves. This is an aggressive schedule, and this first step will really allow us to establish all the technical protocols and the framework so that we can hire multiple firms to be able to meet the schedule. What we propose on doing is these multiple firms will actually do the hydrologic, the hydraulic modeling efforts that will require to -- for us to be able identify what all of the options -- the impacts of all the land use alternative options there will be within the watershed management planning process itself. The work order will also give us this -- the framework so that all these subsequent tasks that we have to do can be coordinated properly so that we can move forward quickly. Since we're going to have multiple firms, we need to ensure that we have a standardized process for those firms to work through. So this -- this particular project management firm and oversight contract is going to do that work for us. Page 204 September 25,2007 The executive summary in your second page -- in the first full paragraph on your second page is a listing of the various deliverables that the -- that this contract -- this work order will turn out. And specifically, detailed set of objectives for the watershed management plans. The Growth Management Plan identifies certain broad objectives that we have to accomplish, but what we really need to do is we need to hone those objectives down and develop a very specific detailed scope of work so we properly set the expectations in developing the plans themselves. So this -- this is something that we need to work through and would be working through with stakeholder groups to identify that. The -- I mentioned earlier in terms of the computer assessment, protocols, and modeling efforts that need to occur subsequently. This effort will, again, identify what those -- those tech -- I'll just call it the technicalities of this effort will be so that we can properly manage those multiple firms in the future. Other deliverables include agreements that we need to work through with the South Florida Water Management District, because we're going to be using a model that they have developed, a computer model, so we can build on prior work that currently exists, and we need to work through those agreements with that agency to utilize that model, and even looking from behind -- looking in past years as to how we can utilize their staff and our staff together and work with that model. Also, the model that's used that has been based -- a lot of the work in Collier County that the district has done, is developed by the Danish Hydraulic Institute, or DHI. We'll be developing an agreement with that firm to also bring that firm in as a technical advisor so that when the -- when the modeling gets -- when -- to develop those -- that technical framework and protocols, you want to ensure that we're working within the model so that it's all proper. Page 205 September 25, 2007 And then when there are issues that come up during the process itself, which we expect there will be, that that firm will also be available to weigh in on how to appropriately resolve those issues. The -- this work order will also generate a more -- a very detailed schedule so that we can line out exactly what we need to get done. Also, the deliverables will be requests for proposals for subsequent modeling firms, and in laying the groundwork for all of that, we can be able to hone in those RFPs at a much more detailed level now so that we can also do a better job in terms of cost estimate, because that's one of the focuses I want to make sure the board understands. As we move through this process with watershed management plans, I mean, you can do them at one level and you can do them at a very much more complicated level. And what we really have to establish is that scope to work within the budget that you've given us. And if we can't do it within that budget, we need to get back with you quickly. So the first phase of this effort is going to give us a really good handle on what the potential future cost of the total effort will be. And if we need to come back to you during budget planning, we have that ability to do it. CHAIRMAN COLETTA: Yeah, Bill, before we go too much farther, let's -- let me go to the commissioners and they have some direct questions -- MR. LORENZ: Okay, certainly. CHAIRMAN COLETTA: -- related to it. Start with Commissioner Coyle, go to Henning, then to Commissioner Fiala. COMMISSIONER COYLE: Yeah. Bill, I'd like to preface my questions by just telling you that I'm in my ninth or 10th year of dealing with the FEMA floodplain elevations study that was supposed to be completed five years ago and isn't going to be completed for several more years, apparently, in the future. So you've touched upon the real issue here, and it is to get an Page 206 September 25, 2007 appropriate scope of work identified that is -- that is fully understandable by the consultant, and we have to make absolutely certain that they deliver things on time. There cannot be any schedule overruns. We don't have the time. There can't be any budget overruns because we don't have the money. We've -- we have a limited amount of money and we have an obligation to complete these studies. So it's got to be done very efficiently. So I cannot emphasize how important it is to get all of the stakeholders to get their objectives in now because the last thing we can tolerate is to have the scope of this project continue to grow and change as we move along. It's got to get locked in, we've got to get it done, we've got to have incentives or penalties, obligations, for the consultant to get this work done on time. It will be absolutely unacceptable for somebody to come to us six months or eight months into this project and say, whoops, I'm sorry. It's going to take another year to do this. Now, that's already happened to us in the FEMA flood elevation studies, and it must not happen with this. But you've already stated your understanding of that, and I appreciate that. It's just that I'm lending my support and emphasis to achieve that goal. Thank you. CHAIRMAN COLETTA: Thank you. Commissioner Henning? COMMISSIONER HENNING: Mr. Lorenz, how many of this $823,000 will actually develop plans for watershed management? MR. LORENZ: This money will not develop the plans themselves. This money will lay out the framework for the modeling, it will generate the technical protocols for the modeling, it will establish the scope, it will allow us to hire those modeling firms that we will -- we will then have through an RFP process. COMMISSIONER HENNING: The whole $823,000? MR. LORENZ: That's a total to exceed (sic), that's the -- Page 207 September 25,2007 COMMISSIONER HENNING: Total not to exceed? MR. LORENZ: Total not to exceed. And, yes, that's an oversight in the management contract. The actual modeling will be done by the firms. This firm will assist us with developing the scenarios to be modeled and will also provide the framework for the watershed management plans themselves in terms of the final end product. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: Fine. Commissioner Fiala? COMMISSIONER FIALA: Yeah. I was going in the same direction. I just wondered, it says that -- the lidar data acquisition, and when I saw that I remembered what a mess it was when we were trying to get that lidar information before. Was this the company that was trying to do that? MR. LORENZ: No, no. COMMISSIONER FIALA: Oh, okay. Thank you. MR. MUDD: No, what we're going to do, Commissioner, is we're going to piggyback on the state contract because right now they're updating the lidar for the entire state, and so we're going to piggyback on that contract in order to get the detail that we need for Collier County so that we can use it for our watershed management plans. COMMISSIONER FIALA: I just wanted to make sure we didn't get involved with whoever wasn't doing the job before. Thank you. CHAIRMAN COLETTA: Thank you. Do I heard a motion? MS. FILSON: I still have a speaker, sir. CHAIRMAN COLETTA: Oh, please, yes. Call the speaker. MS. FILSON: Nicole Ryan. CHAIRMAN COLETTA: Hi, Nicole. MS. RYAN: Good afternoon, Commissioners. For the record, Nicole Ryan, here on behalf of the Conservancy of Southwest Florida. And I'd first of all like to thank you for your continued support for Page 208 September 25, 2007 watershed management planning and for maintaining and carrying over the funding from the FY-'07 to the FY-'08 budget. Very, very important if we're going to meet this very ambitious timeline. Today you're approving phase one of the scope of work, which is going to be of a fairly short duration, but it's very critical right now to ensure there's a common understanding of the intent of the process in its entirety, because phase one really lays the groundwork for the entire process over the next several years. There's a lot of work that's being done by consultants, and then consultants then managing other consultants. And with all of these layers in place, I think it needs to be clearly understood and articulated that this process will be a board-, county staff-, and stakeholder-driven process where the information is given to the consultants, their work plan is laid out, but it isn't a consultant-driven process. It really has the community participation and involvement. Not just in reviewing a final product, but in crafting the product and the scope of the work. It's going to be important because watershed planning will involve two major components, that's the technical side where you have the modeling and the mapping and collection of the data, and then the planning aspect, how these models are applied, under what circumstances and how this information is turned into a planning document, because this really will end up being a planning document, whether it's GMPs or LDCs. It isn't going to be a study that sits on the shelf. It will be used in the future for helping you make land use decisions, not only looking at a project for how it impacts within its boundaries, but how it impacts the watershed in its entirety. So this will have very helpful information. The Conservancy plans to be one of the stakeholders as this moves forward, and we expect that the future phases will have a lot of stakeholder participation and ability for input as it goes down the line. So I just wanted to get on the record that the specific intent, I think that it was always understood that it would be a board-, staff-, Page 209 September 25,2007 and stakeholder-driven process but wanted to get that on the record. And just to make a side note, especially when this goes into the plan drafting process, county staff really has a lot of very qualified environmental staff individuals that could and should be working on this, and that will also keep your costs lower. Thank you. CHAIRMAN COLETTA: Thank you. Commissioner Coy le, go ahead. COMMISSIONER COYLE: Doesn't Commissioner Fiala have her light on? COMMISSIONER FIALA: No, that's from before. CHAIRMAN COLETTA: That's from before. COMMISSIONER COYLE: Nicole, do you feel that there is adequate opportunity for stakeholder input at the present time? Is there something we have to do to improve that process? MS. RYAN: I believe that there is. I sat down after looking through the scope of work and talked at length with Bill, and I believe that there will be. And certainly, if we believe that it's turning into too much of a consultant-driven process, we'll be here to tell you that. So I'm comfortable with it, but I want to make sure that it's on the record. COMMISSIONER COYLE: Okay, I understand. Now, I'd just like to emphasize to the stakeholders the same thing I emphasized to our staff, is, we've got to get everything identified up front. MS. RYAN: Absolutely. COMMISSIONER COYLE: We can't get partway through this process and then throw something else into the mix that is going to cause us delays or additional costs. So the stakeholders also have a critical responsibility with respect to making sure we've covered all the bases early on in this study, okay. MS. RYAN: Absolutely. And we're here from the beginning, so Page 210 September 25, 2007 COMMISSIONER COYLE: Good. Thank you. MS. RYAN: Thank you. CHAIRMAN COLETTA: Okay. Do we have a motion yet? COMMISSIONER HENNING: Yep. Isn't there? COMMISSIONER FIALA: I think we have a motion and a second. CHAIRMAN COLETTA: Do we? MS. FILSON: I think-- CHAIRMAN COLETTA: I don't believe so. MS. FILSON: I think Commissioner Coletta made the motion. I don't have a second. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: Okay. Motion by Commissioner Coletta, a second by Commissioner Coyle. Any other comments? (No response.) CHAIRMAN COLETTA: Hearing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: Let the record show that it was 4-0, with Commissioner Halas absent. Item #IOF AN AGREEMENT WITH THE AGENCY FOR HEALTH CARE ADMINISTRATION FOR $2,855,126 TO PARTICIPATE IN THE MEDICAID LOW INCOME POOL PROGRAM FOR SERVICES Page211 September 25, 2007 PROVIDED ON BEHALF OF THE HOUSING AND HUMAN SERVICES DEPARTMENT IN ORDER TO GENERATE AN ADDITIONAL $571,025 IN FEDERAL MATCHING FUNDS- APPROVED MR. MUDD: Commissioner that brings us to our next item, which is IOF. It's a recommendation that the Board of County Commissioners authorize the chairman to sign an agreement with the agency for healthcare administration for $2,855,126 to participate in the Medicare low-income pool program for services provided on behalf of the housing and human services department in order to generate an additional $571,025 in federal matching funds. Ms. Marcy Krumbine, your Housing and Human Services Director, will present. This used to be the upper payment limit, which I believe you're all knowledgeable about. They changed the name to the LIPP program, which is the low-income pool program. COMMISSIONER HENNING: Motion to approve. CHAIRMAN COLETTA: Second. Motion by Commissioner Henning to approve, second by Commissioner Coletta. Any discussion? Go ahead, Commissioner. COMMISSIONER COYLE: I had my light on, but I'll ask my question after the vote, if you don't mind. CHAIRMAN COLETTA: That's fine. COMMISSIONER COYLE: Because Marcy might help us with this. CHAIRMAN COLETTA: That's fine, okay. We have a motion and a second. Any other discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. Page 212 September 25, 2007 CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 4-0, with Commissioner Halas absent. COMMISSIONER COYLE: My question is, very briefly, we can anticipate that in the effort by the state legislature to solve their budget problems, they're going to make their budget problems our budget problems by pushing more unfunded mandates down on local governments. Now, it's my belief, whether it's true or not -- I'm going to voice it anyway -- we don't have to accept unfunded mandates. Now, is there any sanction that is available legally by the state legislature if we tell them, no, we're not going to accept your unfunded mandates? The silence is deafening. MR. WEIGEL: Well, no. The sanction -- the legislature acts, of course, by passing legislation typically of general application a la to the counties. If there's a county that refuses, it would appear the forum to provide the challenge or refusal is in court, which, you know, has its risks of success or failure. We do know, of course, there's the constitutional guarantee which seems to be honored in the breach, in certain circumstances, that unfunded mandates appear even though they're unconstitutional. To some degree it's in the eye of the beholder. Challenges in previous years have gone both ways in the sense that the determination in the court system does not always follow what would seem to be logic. But it doesn't mean that the challenge isn't worth the try. COMMISSIONER COYLE: Okay, okay. Well, that gives me enough of an answer that it's not beyond the realm of possibility. MR. MUDD: Sir, what -- sir, what you normally get a lot of Page 213 September 25,2007 times is you get a piece of legislation that says -- here's a perfect for instance, because this is on -- this is on the block to be used -- is to basically change the ceiling of $55 for nursing -- nursing care under Medicaid -- MS. KRUMBINE: To 189. MR. MUDD: -- to 187 or something like that, okay, that has about a million-dollar impact on our program in Collier County. These were -- this would be a cost to us that we wouldn't previously have had because we have been ceilinged out at 55, but now our ceiling's 187. So the difference between 55 and 187 is that delta that we're also going to have to put into our program in order to cover that. It's very difficult to say no at that particular juncture because you've got nursing-home type -- COMMISSIONER COYLE: Well, all I want to -- I don't want to get into a deep discussion about this, but we're going to be faced with this problem, and here we have reductions in taxes and increases in financial obligations being thrust upon us by state legislature. We've got to find a way to deal with that, and so I just wanted to get some guidance. But thank you. MR. WEIGEL: Additionally, Commissioner and Commissioners, I would indicate that, of course, there's the lone -- there's the lone approach of a county, but the Florida Association of Counties and the general counsel of the Florida Association of Counties, obviously, is -- has the opportunity to be involved very early on and throughout the legislative process. But post-legislative process, they also have the opportunity, ability and the standing to go forward to assist in legal action, lawsuits, things of that nature. COMMISSIONER COYLE: Okay. Can -- Mr. Chairman, can we at least get some assurance from staff and the County Attorney's Office that they will monitor these things for the purpose of giving us advice about alternatives when these mandates start coming down as they already have? Page 214 September 25, 2007 CHAIRMAN COLETTA: I'm always interested in alternatives. COMMISSIONER COYLE: Yeah, okay. CHAIRMAN COLETTA: How about you? COMMISSIONER FIALA: Oh, yeah. CHAIRMAN COLETTA: With that, do we have a -- we have a motion. That's done. Before we go on -- and the next item I want to take on would be 10K because we have a couple speakers, but we have to take a short break because it's been quite a while, and I apologize for running over that hour and a half. MR. MUDD: Ten minutes, sir? CHAIRMAN COLETTA: We're going to be right back, and then IOK will be the next one, so we can get the two speakers up and out of here. MR. MUDD: Ten minutes, sir? CHAIRMAN COLETTA: IOK. MR. MUDD: No, 10 minutes? CHAIRMAN COLETTA: Yes, 10 minutes, with a K in front of it. (A brief recess was had.) CHAIRMAN COLETTA: Next item would be IOK. MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, Commissioners, you have a hard mike -- you have a hot mike. Item #IOK RECOMMENDA TION TO GRANT FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF LAUREL LAKES PHASE ONE AT LAUREL WOOD P.U.D., THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED - Page 215 September 25, 2007 MOTION TO CONTINUE INDEFINITELY - APPROVED Item #IOL RECOMMENDATION TO GRANT FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF LAUREL LAKES PHASE TWO AT LAURELWOOD P.U.D., THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED - MOTION TO CONTINUE INDEFINITELY - APPROVED Item #IOM RECOMMENDA TION TO GRANT FINAL APPROVAL OF THE ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF LAUREL LAKES PHASE THREE AT LAURELWOOD P.U.D., THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED - MOTION TO CONTINUE INDEFINITELY - APPROVED The next item is IOK, which used to be I6AI6, and that's a recommendation to grant final approval of the roadway private and drainage improvements for the final plat of Laurel Lakes phase one at Laurelwood and the PUD. The roadway and drainage improvements will be privately maintained. Mr. Stan Chrzanowski, one of your senior engineers in community development/environmental services, wi II present. CHAIRMAN COLETTA: Let's go right to Commissioner Henning and maybe we can cut to the chase on it and have the speakers. COMMISSIONER HENNING: Well, the information we received, I have to question whether it was truly littorals. And I'm Page 216 September 25,2007 looking for the pictures right now. Do you have any exhibits? MR. CHRZANOWSKI: Could I make a quick pres en -- I promise not to take more than five minutes. COMMISSIONER HENNING: It's up to the chairman. CHAIRMAN COLETTA: Yes. MR. CHRZANOWSKI: Quick chronology of the project. It was approved in 1994, Laurelwood PUD, December 13th of '94. It was -- the developer was called Minanis. It was Wafaa Assaad. It was approved as Laurelwood, the front end near Immokalee Road. The project on the south side of lmmokalee Road just west of 951. The front end of it is a multifamily development called Key Royal Villas. In 1999 the Laurel Lakes phase one project, which is the first part of this sub -- single-family subdivision in the back, the part nearest Key Royal Villas was approved, and SDP-99I6 for the rec. center, and the phase one plat was recorded on 8 November of'99. In 2000, which is the aerial you're looking at now, they were starting construction. In 2 May of 2000, the phase one record drawings were filed, which means that the infrastructure improvements were complete and we'd accepted them. In 2002 -- well, this is what it looked like in 2001, under construction. In 2002, August 6th, the PPL, the plans and plat for phase two was approved -- the whole year of it is phase two and phase three together. It was submitted at once, but different plats were reviewed separately. 11 October, the phase three plat was recorded. 11 October, '02 -- 12 October, '02, the plans and plat for phase three was approved, and 17 October '02, the phase -- I'm sorry. The first plat was the phase three plat recorded. This is the phase two plat was recorded. So by the end of 2002, the plats were recorded for the single-family subdivision phases in the back. And 2003, you can see construction of the homes has started. That means that we've probably gotten the first cross-section of the lakes because we won't let you Page 217 September 25, 2007 occupy a home by the lake until we get the cross-sections to make sure they're safe. 2003: At 11 February, '03, the phase two and three record drawings were filed which means that the infrastructure improvements in those two phases were complete. In 6 October of'03, MMI was hired as the property manager. In 2004 -- and this is what the project looked like in 2004. Thank you. November 4th of 2004, Colonial Homes took over the Laurelwood development and called it Laurel Lakes, took it over from Menanes, which was the Wafaasad project that had lasted 10 years. In 2005, a national construction firm, home constructor, called Meritage took it over from Colonial. They bought out Colonial Homes' operation in Florida, so you're already on your third owner. In July of 2005, Resort Management took over as property manager from MMI. In October 6th of2005, Laurel Lakes HOA accepted the project. That's two years ago roughly. In 2006, March of 2006, the company named RMP took over as the property manager from Resort Management under the homeowners association. On 13 October of '06, there was a settlement agreement and a mutual release executed between Colonial, who was the previous owner, Meritage Homes, and the Laurel Lake Homeowners Association. Now I'm told there's only one, even though there's a bunch of phases, only one Laurel Lake Homeowners Association. Five whereases. The sixth whereas was Colonial and Meritage desire Laurel Lakes to fully release Colonial and Meritage from any and all obligations resulting from the turnover or otherwise. Now, therefore, which you always have after a bunch of whereases, the number three -- well, the number two now, therefore, is Colonial and Meritage will pay to Laurel Lakes the sum of $45, 167, and number three, it says Laurel Lakes, in its own behalf and on behalf of member/owners, heirs, administrators, successors, assigns in Page 218 September 25, 2007 consideration of promises hereby remises, releases, acquits, satisfies -- I wish I was a lawyer -- and forever discharges Colonial and Meritage and its respective officers, agents, et cetera, and a whole bunch of more wording, from any involvement, including but not limited to development, construction, design, supervision, inspection, management, maintenance, sale of buildings of its association, audit findings, future landscape repair, and any other specifically identified items in the turnover walk-through. So at that point, they -- the developer had posted a satisfactory bond. Now, after that we still held our bond for another year. We were not aware of this agreement where -- well, I guess some of our inspectors might have been aware of it, they'd been told about it -- we were not aware of it, that Meritage and Colonial had given this money to the homeowners association to do future maintenance. On 23 July of'07, we released -- we issued a release on the lakes, and it was as a result of an inspection -- now, you have to remember by this time the HOA had been in charge for two years and had hired their own property manager. The property manager had sprayed the lake banks with an herbicide. Now, I have a personal problem with using herbicides to kill everything that's in these lakes. We get littoral zones sprayed with herbicides, we get lake banks sprayed with herbicides. The bad part is, these systems are filters, and the right way to clean a filter is mechanically to remove the stuff from the filter and put the filter back or replace the filter. You don't take a filter and kill all the bacteria on it and stick it back in your air-conditioner. The right way is mechanical removal. Well, what these folks have done basically is to herbicide the lake banks. The bad part of that, from the lake maintenance point of view, is you're just killing the stuff and leaving it in the lake, but from an erosion point of view, killing the lake banks causes erosion problems. Page 219 September 25,2007 Now, we had had the developer go back in there multiple times and clean it up, and I kept getting complaints from the inspectors that every time they cleaned it, the lakes were herbicided. Ordinarily, we probably would have -- as a matter of fact, I think we tried to make the developer clean it up, but he reached a point where he said, enough is enough. And looking at the release agreement there, we decided with the developer that enough is enough and that the homeowners should use the money that they were given to do the repair. So that's the logic that we used in our decision. The HOA is free to make their case, presentation, whatever. COMMISSIONER HENNING: Can I ask some questions? CHAIRMAN COLETTA: Of course. It's your item, Commissioner Henning. COMMISSIONER HENNING: It's our item. If! was only king. CHAIRMAN COLETTA: Then we would be home by now. COMMISSIONER HENNING: Can we -- yeah, that's right. Can we zoom in on that. You want the agreement or -- COMMISSIONER HENNING: The agreement. I can't -- okay. Number 3 down there, can you zoom in on it a little bit more? MR. MUDD: Yes, sir. COMMISSIONER HENNING: What you read, it didn't say that it released everything, but that's your understanding, it's saying it's releasing all the obligations through the -- MR. CHRZANOWSKI: Yes, sir. COMMISSIONER HENNING: -- through the HOA? MR. CHRZANOWSKI: That's the way I read this. COMMISSIONER HENNING: Okay. Can you -- Mr. County Manager, can you put up that picture I provided to you. I'm sure you've seen that, Stan, is that correct? MR. CHRZANOWSKI: On my site visit I didn't see that specific area. When was the picture taken? Page 220 September 25, 2007 COMMISSIONER HENNING: I don't -- it was -- it was emailed to the Board of Commissioners. And I just can't see that as a littoral problem, personally. That's definitely erosion from a point discharge, I would say, from the development, whether it's a road or what. MR. CHRZANOWSKI: The areas that are farther into the picture were the areas that typically, on my site visit, had been sprayed with herbicides. COMMISSIONER HENNING: Now-- MR. CHRZANOWSKI: That one spot there, yes, I'll admit that's erosion, but I'm not sure that this agreement doesn't cover that repair. COMMISSIONER HENNING: The littoral plantings, is it up on the bank as it showed here? Of course, we don't know what -- if it's high tide or not. MR. CHRZANOWSKI: No, littoral -- littoral plantings are generally down in the lake itself. COMMISSIONER HENNING: Okay. How would that prevent this erosion if they were down into the lake? MR. CHRZANOWSKI: Well, if -- if they had sprayed a portion of the bank above the water, then it would have killed the vegetation. The roots wouldn't hold the soil in place anymore, and you get erosion problems. COMMISSIONER HENNING: Okay. So you're saying where the area is bare there is where they sprayed and it got into the littorals? MR. CHRZANOWSKI: From my visit, the areas in the back look like areas that were sprayed. But without knowing the date of the picture, I don't know -- COMMISSIONER HENNING: Yeah, I don't know that either. MR. CHRZANOWSKI: -- exactly what I'm looking at here. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: We have two speakers, and I think this might be the appropriate time. MS. FILSON: Patricia Laslo. She'll be followed by Kristi Page 221 September 25, 2007 Hughes. MS. LASLO: I'm a quick talker. Don't worry about it. CHAIRMAN COLETTA: Your name for the record, please? And you have three minutes. MS. LASLO: Yes, of course. Yes, I know. I'm Patricia Laslo, and I am co-chair of the lakes committee at Laurel Lakes, along with Kristi Hughes. I'm bringing this here for effect. If I had only believed the people that I talked to at the beginning of this whole process, that Collier County does not -- they never call a bond, if I had believed them, I wouldn't have gone through this, okay. But I believed in the system. I believe I'm an American. I stand up for my rights, and a big developer is not going to get away with taking advantage. Stan mentions -- and this here is not what I was prepared to say, so I hope you give me a couple of minutes more. Stan mentions a release. I was furious when I heard about that release. I didn't -- I didn't know about it initially. I feel that Meritage, Colonial, whoever, took advantage of an inexperienced board, $45,000 or whatever, to cover everything. But regardless, regardless, when I got a copy of that release, I called the county. And I want to tell you, in this monster file, I have records of every email, every personal meeting, every phone call. It can be documented. I could tell you who and when and where I spoke to. I called the county. I wanted to know whether or not the bond would still be covered. I was told, I was promised consistently, that the monies would be held back, that the county required that the developer do certain things and that erosion, erosion, under no circumstance, could be permitted. The county would not allow it. They would not release the money. I was given the money and the amount. Now I'll start at the beginning. Okay. Three minutes is a little time to get through all of this, but I will do it. The developer never Page 222 September 25, 2007 ever finished the lakes, never. They looked like mud holes at the beginning. They look like mud holes with big drenches, big ruts, and everything else. They're far worse now. Can't see it now. It's covered with water. We'll see it again when the dry season comes. While there was -- I did have some contact with the county back in 2004. I moved into my house the end of2003. I was very concerned about the lakes. I was very concerned about the erosion. It wasn't extensive, but starting January of this year it's been extensive. It's been a lot of contact. And now I understand from Stan, they released the monies, the funds, whatever, on the lakes back in January. Why on earth -- why in God's name didn't somebody tell me? Okay, it's it. We have had four final inspections. Is that a oxymoron or am I crazy? Four final inspections? It took one year. The last inspection was the anniversary date of the first inspection. CHAIRMAN COLETTA: That means that your time ran out, so -- that's okay, please -- you can close. MS. LASLO: Could I -- it was a process where the developer was calling the shots. By the time of the third inspection, we had it figured out. We figured out -- all this time I was trying to get a punchlist from the county inspector, from Dary l. I was trying to get a punch list from somebody, you know, a punch list. Why is there no punch list? Well, the developer makes the punch list. Okay. CHAIRMAN COLETTA: I need you to wrap it up, please. MS. LASLO: Okay, I'm sorry. CHAIRMAN COLETTA: That's okay. MS. LASLO: So basically, basically, that's what happened. The HOA -- on the third walk-through we actually went through with a microphone. We recorded it. We had a thorough punch list, and I have information in here where Tom Kuck and Daryl Hughes, everyone knew we were on the same page, that punch list was Page 223 September 25, 2007 accepted, and the erosion was on that punch list. CHAIRMAN COLETTA: Okay. I'm going to have to ask you to -- MS. LASLO: Okay. I'm sorry. CHAIRMAN COLETTA: That's all right. MS. LASLO: This is very, very important. This one is -- please, just -- CHAIRMAN COLETTA: We appreciate very much you being here today, and we're going to take everything into consideration. MS. LASLO: But this here is about the herbicide. It's really important. CHAIRMAN COLETTA: Yeah, okay. MS. LASLO: Okay. CHAIRMAN COLETTA: Well, listen, you can leave that here, and it's probably already part of our records already. MS. LASLO: No. CHAIRMAN COLETTA: You can leave it here so it is part. MS. LASLO: This isn't-- COMMISSIONER HENNING: Why don't you give it to the County Manager and I'll take a look at it -- CHAIRMAN COLETTA: Next speaker -- COMMISSIONER HENNING: -- before we end. MS. LASLO: I'm going to give is to Kristi. MS. FILSON: Kristi Hughes. MS. HUGHES: Good afternoon. Thank you for allowing us to speak today. We really appreciate it, and we appreciate also the work that the county has done in terms of taking a look at our erosion problem and our issues with regards to our developer, Meritage. I do have before and after pictures. And for the record, the picture that was shown before was taken on on August 4th, sent to the county along with 30 other photos that show erosion. My first point to make is sort of a rebuttal with regards to any Page 224 September 25, 2007 herbicide harming the littoral plantings. There were never any littoral plantings done by the developer. We have no documentation. We have no plants around our lakes to show that there was ever any littoral planting done. So herbicide, in my opinion, is an invalid argument. We have a letter from Earth Guard Management who is the lake management company that states that they have been doing the work on the lake since before Meritage took over from day one. They haven't been able to get equipment into the property to properly maintain the lakes because the erosion is so bad their equipment sinks. We basically have a fundamental understanding and documentation from the county that final acceptance of our property was based on a list of completion items that included the fixing of the erosion around our lakes. It is also our understanding that the consent agenda items originally, numbers 16, 17 and 18 today, is the final approval of the development, with the release of $163,000 bond, roughly, due back to the developer. And included in this final acceptance is the July 23rd release of the engineering review acceptance of the lake condition. Our HOA's been completely patient for years waiting for the developer to remedy the situation and other issues that we've experienced. Meritage has been given four so-called final acceptances, which is -- or final inspections, which is completely unacceptable in my opinion. There has never been a calling of the bond. They have always been given more time. They're not taking the appropriate measures to fix the erosion. They tried. It failed. It made it worse. I do have photos that I can show before and after, days, within a week after they tried to fix the erosion problem. We have proof that it was not fixed. We probably can get documentation from Earth Guard that says, within that week time frame, they did not spray. On behalf of Laurel Lakes, I would like to ask that you consider Page 225 September 25,2007 the calling of the bond from Meritage and do not grant them final approval for this development because they are not finished with this erosion problem. CHAIRMAN COLETTA: Thank you. MS. HUGHES: Thank you. CHAIRMAN COLETTA: I'm going to ask the County Attorney if they would weigh in on this, please. COMMISSIONER HENNING: I have a question, I think, that might lead up to -- CHAIRMAN COLETTA: Go ahead, Commissioner Henning. COMMISSIONER HENNING: Well, the thing is, you have a performance bond to make sure these commitments are done, and it's -- I think it's in the name of the county. This separate agreement between the HOA and the developer is not between the county -- the Board of Commissioners and the county. I don't see how we should take that under consideration. The responsibility was with the developer and the county through this bond. And this is a release of -- for the road improvements, but I don't -- I'm not confident that those -- that erosion was caused by the lack of littoral or littoral plantings. What I have seen there and witnessed, it's due to something else. And I don't think that we have the ability to release those until those obligations are met, plain and simple. It's an agreement with the developer and the HOA, and we're not in there. We can't --I don't think we can take that under consideration. We need to make sure that those road drainages are properly functioning, and whatever damage they did be repaired. CHAIRMAN COLETTA: Let's go to the County Attorney and make sure that we can operate within this parameter. MR. KLA TZKOW: I have been told by staff, and I've talked to Stan a couple times on this, that staffs of the opinion that the developer's met all his commitments, which is why they wanted to Page 226 September 25, 2007 release the bond for the lake and was why they wanted to release these improvements. But I sympathize with the residents because you have a developer who really now wants to get out of Dodge with the rest of the money. And if there are problems, that the homeowners would be stuck with them and they'll have to build a recourse in practicality. One approach that the board can consider would be tabling this matter indefinitely. It would allow the homeowners association to bring suit against the developer, and that suit, they can make any claims they want with respect to the erosion or they can make any proof they want. Developer can bring up the release agreement. That situation could be resolved. In the meantime, the money won't go away, because the real problem here is, if you release that money and it goes away, the homeowners have no recourse whatsoever. But ultimately there's going to have to be a trier of fact that determines whether or not these commitments were made and in terms of whether or not these improvements were finally done. And my problem, Commissioner, quite frankly, is I have staff telling me that the improvements were done, and I've got homeowners saying that they weren't. Now, they live there. They understand the situation far better than staff. That would be my recommendation, just table the matter for now and give the homeowners the ability to go into court and to prove their case against the developer. COMMISSIONER HENNING: I'm going to make a motion to continue indefinitely 10K, IOL, and 10M. COMMISSIONER COYLE: Second. CHAIRMAN COLETTA: Okay. I have a motion from Commissioner Henning to continue and second by -- continue indefinitely, and a second by Commissioner Coyle. Any discussion? (No response.) Page 227 September 25, 2007 CHAIRMAN COLETTA: Hearing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: 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 Halas absent. Okay. Thank you. Thank you very much for being here. COMMISSIONER FIALA: I do have a question. CHAIRMAN COLETTA: Yes. COMMISSIONER FIALA: Now, if they take it to court, who has to pay all of their court expenses? CHAIRMAN COLETTA: We're taking it out of your pay. COMMISSIONER HENNING: Travel, your travel expenses. COMMISSIONER COYLE: Your travel. COMMISSIONER FIALA: Yeah, right. COMMISSIONER COYLE: We don't get involved in court suits between homeowner associations and developers. CHAIRMAN COLETTA: We have a couple of speakers still left out there for some different items. Let's see. We just finished off the IOKand IOL. MS. FILSON: And M. CHAIRMAN COLETTA: And 10M, right, Commissioner Henning? And I believe the next one would be ION. We do have a speaker for that. MS. FILSON: Yes, sir. Item #ION Page 228 September 25,2007 CHAIRMAN TO SIGN, A SUB-RECIPIENT AGREEMENT PROVIDING A GRANT FOR HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) FUNDING IN THE AMOUNT OF $330,000 TO THE COLLIER COUNTY HOUSING AUTHORITY FOR TENANT BASED RENTAL ASSISTANCE (TBRA); FUNDING WILL PROVIDE FORTY-SIX FAMILIES WITH RENTAL AND UTILITY ASSISTANCE - APPROVED MR. MUDD: ION is formerly I6DI4. I'll try to -- it is a recommendation that the Board of County Commissioners approves and authorizes its chairman to sign a sub-recipient agreement providing a grant for HOME Investment Partnership Program, HOME funding, in the amount of $330,000 to the Collier County Housing Authority for tenant-based rental assistance. Funding will provide 46 families with rental and utility assistance, and the item was pulled at Commissioner Henning and Commissioner Fiala's request. COMMISSIONER HENNING: Ladies first. COMMISSIONER FIALA: Okay. My question was, with $330,000 for 46 families, that comes out to about $7,000 a family. Is that how much we use for families to cover rent and utilities? MS. KRUMBINE: How is works, Commissioners, is that it -- it's not covering -- it's helping to subsidize the rent that they can pay, and these are people that are either elderly or homeless or close to being homeless. COMMISSIONER FIALA: And so we dedicate something like MS. KRUMBINE: Yes. COMMISSIONER FIALA: -- $7,000 a family? MS. KRUMBINE: Yes. COMMISSIONER FIALA: That was my question. CHAIRMAN COLETTA: Okay. Commissioner Henning? COMMISSIONER HENNING: Well, what involvement do we Page 229 September 25, 2007 have in making sure these monies are spent as they're supposed to be under contract? MS. KRUMBINE: This is a -- what is a typical sub-recipient agreement on any of our grant programs. And under these agreements, our sub-recipients present monthly reports as to their progress in the -- in the agreement they submit invoices for payment that get approved through us and also through finance. COMMISSIONER HENNING: Have you seen those reports -- MS. KRUMBINE: Yes. COMMISSIONER HENNING: -- yourself? Have you -- is that a geographical area in the county that they -- they are received? MS. KRUMBINE: I'm not sure -- where they reports are received? COMMISSIONER HENNING: No, where these monies are spent. Is it spent in a geographical area? MS. KRUMBINE: Okay. I have not seen this report. I've seen the type of monthly reports that we get, so I cannot answer that question directly. But it is available for all of Collier County, it is not just for Immokalee. COMMISSIONER HENNING: Well, I didn't say that. But have you -- have you seen where it is being spent? MS. KRUMBINE: I have not. COMMISSIONER HENNING: Okay. MS. KRUMBINE: But we do have the executive director here. And if you'd like, she might be able to answer that question directly. COMMISSIONER HENNING: Those you have in your file, correct? MS. KRUMBINE: Yes. And I could get that answer for you. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: We have speaker. COMMISSIONER FIALA: Oh, I just had one more question. CHAIRMAN COLETTA: Oh, I'm sorry, Commissioner Fiala.$ Page 230 September 25,2007 Your light is on. COMMISSIONER FIALA: Just one more question. With -- when -- I've worked in some of the charitable organization things, and one of the things we noticed was, in our -- in the group that I was working with, that there were regular -- regular -- I don't want to -- how do I say that, regular people who came and then went from agency to agency to agency, and they would continue taking whatever they can get. In ours they would pick up the food and everything and then sell it, and the next day they'd be back to get, more and I guess they did through the other agencies because they became very familiar. Do we have a cutoff time for this money for each family? MS. KRUMBINE: I believe that it really is up to the Housing Authority to do all the individual assessments and the individual monitoring of those families, and then we monitor their use of the grant. COMMISSIONER FIALA: So they would make sure that there's nobody that's using it regularly to live off the -- off of these funds? MS. KRUMBINE: That's correct. COMMISSIONER FIALA: Okay. I wanted to be assured of that. CHAIRMAN COLETTA: With that, you want to call the speaker? MS. FILSON: Esmerelda Serrata. MS. SERRATA: For the record, again, Esmerelda Serrata, the director of the Collier County Housing Authority. CHAIRMAN COLETTA: Your voice is coming through very soft. Could you try moving the mike just a little closer? MS. SERRATA: How about that? Now? CHAIRMAN COLETTA: That's a little better, yeah. MS. SERRATA: Okay. How about there? CHAIRMAN COLETTA: There we go. Page 231 September 25, 2007 MS. SERRATA: Okay. Again, my name is Essie Serrata, executive director of the Collier County Housing Authority. To answer the question, Commissioner Fiala, the program was set up that -- for two years assistance to those families. It's based on a referral. We have -- the program was set up to serve the elderly, disabled, and the homeless and the almost homeless. And it's -- like I said, it's based on a referral from social service agencies that basically provide the case management. And the program is set up basically just to provide assistance for two years. Not knowing what questions the commissioners had, I really don't have -- CHAIRMAN COLETTA: Where is the money coming from? MS. SERRATA: The HOME program. CHAIRMAN COLETTA: And that money is -- MS. SERRATA: Is the program that the county administers. CHAIRMAN COLETTA: And the funds come from? MS. SERRATA: From HUD. CHAIRMAN COLETTA: From HUD? MS. SERRA T A: Uh-huh. CHAIRMAN COLETTA: And they're directed in this direction to be able to -- MS. SERRATA: I believe it's part of your five-year plan to serve the homeless, and the disabled. CHAIRMAN COLETTA: And we've been doing this for some time? MS. SERRATA: We started -- the county asked us to actually participate in a pilot program back in 2003, and we did a great job, that they asked us to reapply. We've applied every year. And we've-- based on all of the annual reports, I mean, we've done an outstanding job. CHAIRMAN COLETTA: You know, I think what was missing Page 232 September 25,2007 was probably something in the way of some case history with the names removed. If you're not personally connected with it, it's just all dollars against what it might be or may not be. And I think that's the problem, the disconnect that exists to a small degree of what you're seeing here today. With that, I'm going to make a motion for approval. COMMISSIONER FIALA: I'll second the motion, and I'd like that next time you put in the report, if you could give us a history of -- MS. SERRATA: I mentioned that to my staff today that we needed to make sure, as we -- even on our regular section 8 program, to make sure that, based on their address, that we can actually base it on the districts or the census tracts. CHAIRMAN COLETTA: Okay. So we have a motion; we have a second. Any other comments. COMMISSIONER HENNING: Marcy, can you provide me the last three years of the report, please? MS. KRUMBINE: I'd be happy to. Do you want their actual monthly reports, or would you like a summary of what -- a summary of the data that was in there? COMMISSIONER HENNING: No, I don't want a report. MS. KRUMBINE: Okay. CHAIRMAN COLETTA: I'm sorry. You're not asking for the report? MS. KRUMBINE: He wants the copies of the last three years of monthly reports, not a summary is that correct? COMMISSIONER HENNING: Right. CHAIRMAN COLETTA: Are we're talking about -- we talking about email documents? MS. KRUMBINE: No. I can -- CHAIRMAN COLETTA: I'd like to see it myself. I was hoping this was email. Page 233 September 25,2007 MS. KRUMBINE: What I'll do is I'll make it into a PDF file and email it to you. CHAIRMAN COLETTA: Would that be easier than having copies made for everyone? MS. KRUMBINE: However you want me to do it. CHAIRMAN COLETTA: No, Marcy, I want to make life as easy as possible for staff. What's easier? MS. KRUMBINE: It would be easy to create a PDF file and email it to you. CHAIRMAN COLETTA: Okay. Would that be acceptable, Commissioner Henning? COMMISSIONER HENNING: If! could have gold trim around mme. MS. KRUMBINE: Did you want me to personally inscribe it for you, too? COMMISSIONER HENNING: That would be great. MS. KRUMBINE: Great. Consider it done. CHAIRMAN COLETTA: Take a vote before somebody says anything fatal here. All those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 4-0. Commissioner Halas is still absent. MS. SERRATA: Thank you. CHAIRMAN COLETTA: What's the next one that has a speaker attached to it? Page 234 September 25, 2007 Item # IOQ CHAIRMAN TO SIGN, A SUB-RECIPIENT AGREEMENT PROVIDING A STATE HOUSING INITIATIVE PROGRAM (SHIP) GRANT IN THE AMOUNT OF $22,200 TO THE EMPOWERMENT ALLIANCE OF SW FLORIDA (EASF) FOR HOMEBUYER COUNSELING TO LOW AND MODERATE INCOME HOUSEHOLDS IN EASTERN COLLIER COUNTY. THIS PROGRAM WILL CONSIST OF HOMEBUYER EDUCATION AND ONE-TO-ONE COUNSELING FOR POTENTIAL NEW HOME BUYERS - MOTION TO CONTINUE - APPROVED MS. FILSON: 10Q. CHAIRMAN COLETTA: Q,IOQ. MR. MUDD: 10Q used to be 16D9. 16D9 is a recommendation that the Board of County Commissioners approve and authorize the chairman to sign a sub-recipient agreement providing a State Housing Initiative Program, SHIP grant, in the amount of $22,200 to the Empowerment Alliance of Southwest Florida for homebuyer counseling to low- and moderate-income households in eastern Collier County . This program will consist of homebuyer education and one-on-one counseling for potential new home buyers. The item was pulled at Commissioner Fiala's request. COMMISSIONER FIALA: And my question -- I wrote questions for each one so I didn't -- my question is, is this a countywide initiative for CCHDC? MR. KRUMBINE: No. This is not a countywide initiative for HDC. This is actually the Empowerment Alliance, which is another non-profit organization, and they are limiting their outreach in education to the Immokalee area. Page 235 September 25, 2007 COMMISSIONER HENNING: There you go. COMMISSIONER FIALA: Okay. Will the clerk's office -- will that work for you for payment? MS. KINZEL: Thank you, Commissioner. For the record, Crystal Kinzel. I've been working very closely with Marcy, and some of the concerns that we've had on -- and on D9, and then it will go also to the CCHDC one -- I think that's some of the same issues. We're concerned that we're paying according to the board's intent for us to pay. And some of the confusion has come in the contract language that's come to you in the milestones and directives onto the milestones in the expected accomplishments versus the pay pattern. So, for example, in D9, I have a little bit of confusion. If you look on page 10 of 15 on the attachment, some of the project scope, it says, conduct one workshop with 10 classes, and then two classes at the county extension office, which would be 12 classes, but if you look over on page 11 of 15, it says 14 times offering part one and two, and then the pay schedule is to pay after each class. So here, for example, some consistency, am I going to pay after 14 classes or 12 classes and/or the milestones? If you look at those, they're dated back from March of'07. So if the agreement's coming forward to you today, most -- some of those may have been accomplished, but it really isn't retroactive funding, so that creates a problem for us in the payment schedule. So I've been working with Marcy over the last week. I think some of the time got ahead of us on a couple of these to clarify that, but that's what the clerk's office needs. I need to know your intent of what you want the entity to accomplish and what the basis is then for our payment according to those accomplishments. And then I think Marcy and I can work out the documentation that would prove that accomplishment so we can cut the checks. Page 236 September 25, 2007 CHAIRMAN COLETTA: Cut to the chase. You want an approval with stipulations to it. What's the stipulations you want? MS. KINZEL: Well, I need some consistency, because if you look at the project scope and the milestones and then the payment schedule, I need them to mesh. CHAIRMAN COLETTA: Okay. Would a motion to approve based upon the approval -- I mean, with Marcy working with the Clerk's Office to work the payment schedule out work? MS. KINZEL: My only concern there is that if these are, in fact, the agreements from the board maybe we -- unless it creates a real timing problem for Marcy, I would rather get it before the board that we agreed because -- CHAIRMAN COLETTA: Then a continuance. MS. KINZEL: -- it's an agreement with the agency. CHAIRMAN COLETTA: Then a continuance on this item would be in order. MS. KINZEL: I don't know if that causes her problems. CHAIRMAN COLETTA: Marcy, where are we with this? What can be done to resolve this so we don't have a problem with the Clerk's Office? MS. KRUMBINE: Well, you know, I'm trying to resolve this on several different contracts. And we do not want the payment to be tied to milestones. The milestones are for our benefit and the organization's benefit because we -- we want to give them a scope and some goals and objectives, kind of like in our -- in our organization we have KRAs of what we're supposed to do. So they have milestones and things that they need to achieve, and they'll be ongoing and they'll be through a scope of over a year, and I don't want to hold them up because they're providing a service that they should be paid for, just like I work for you and you pay me come payroll time. And so I don't want to hold them up with that, so I'd like to create Page 237 September 25,2007 a payment schedule that the clerk can be comfortable with. And so what I'd like to see is that when they perform a class, they would give us the information on the class. They're supposed to tell us the class, show us a schedule of how many people attended. They're supposed to show us the surveys and the evaluations for the class. And then once we approve that, we submit an invoice for them to get paid. CHAIRMAN COLETTA: Does that work? MS. KINZEL: Ifwe can fix the numbers of classes. For example, on the empowerment then on 10 of 15, is it 10 plus the two or the 10 plus the four on the milestones? MS. KRUMBINE: It would be 10 plus clerk two. MS. KINZEL: So 12-- MS. KRUMBINE: Really 10 plus the two all together, because their second part of the classes is really for the benefit of very -- of their clientele. It's really drawn down to a very small amount of people. So it would be for 12 classes. MS. KINZEL: Yeah, Commissioner, our concern is that it qualifies and meets the home projects and programs, therefore, legal, and that we can tie it to the accomplishment that you intend the money to be approved for. CHAIRMAN COLETTA: So if you had a motion for approval based upon what Marcy just said, that would meet the criteria for the Clerk of Courts? MS. KRUMBINE: So could we say reimbursement of payment will be after each class, in parentheses, 12 classes in total for the year? Would that work? MS. KINZEL: If the board wants to do that. My only concern is that some of the other contract language says that if they don't perform these milestones, that they're not entitled to the money. So I think that we might need to work on some of the language -- CHAIRMAN COLETTA: You know, this is-- MS. KRUMBINE: I'm not an attorney. Page 238 September 25,2007 COMMISSIONER FIALA: So that it's like a summary of who's at the class, like people sign in so that the -- and then once they sign in and you can see they attended this class and when the class was held and how long it lasted, and -- MS. KINZEL: Well-- and I'm not the attorney either, but we need to be comfortable that the program criteria that enables the payment is accomplished. And that -- and the more easily that is defined, the quicker I can make the payment. CHAIRMAN COLETTA: Jeff, can you help get us there? MR. KLATZKOW: I think what we're going to have to do, sir, is amend the agreements, work with the clerk's office so that they're comfortable, and then we'll come back to the board on this. I'm guessing we're going to have a lot of these. This was the way we typically did these things for many, many years, and this now is a problem. We'll have to amend the agreement. CHAIRMAN COLETTA: I think that's the best thing to do. But let's go to the public speaker before we make a motion. MS. FILSON: I have one public speaker, Dottie Cook. CHAIRMAN COLETTA: Dottie, I'm sorry you had to wait so long for this, but government doesn't always mesh quite perfectly, you know, but we're going to get there. MS. COOK: Thank you. My name is Dottie Cook with the Empowerment Alliance. Thank you for the opportunity to speak today. We're anxious to work with the county on this program. We've been providing homebuyer counseling for our clients that go into our homes. Starting in March we started to offer the education classes for our clients. We, of course, open it up to anybody in Immokalee or in the eastern part of Collier County that wants to attend, but the funding that is provided by the county will allow us to offer the classes more frequently and then to offer the counseling to anybody whether they're Page 239 September 25, 2007 interested in buying a home from us, from Habitat, from a private builder, whatever. So the money is going to supplement with that. And I think that we have talked closely with Marcy and her staff in the development of the agreement, and I think that we can work this out because I think we are on the same page in terms of my understanding and what Marcy was saying. So I think we're very close there. CHAIRMAN COLETTA: Okay. So I guess the direction, Marcy, would be to continue this? COMMISSIONER COYLE: Motion to continue. MR. MUDD: Continue-- CHAIRMAN COLETTA: Okay. We have a motion to continue by Commissioner Coyle and a second by-- COMMISSIONER FIALA: Commissioner Fiala. CHAIRMAN COLETTA: Commissioner Fiala. And I apologize for that, but obviously we're not going to put this out there if the clerk's office has a problem with it. We think it can get resolved. If for some reason it can't be resolved, then we'll get in the middle of it. Any other comments from anyone? COMMISSIONER HENNING: Yep. CHAIRMAN COLETTA: Commissioner Henning, then Commissioner Fiala. COMMISSIONER HENNING: Is it that we're paying for work that's already performed? MS. KRUMBINE: That's -- we're paying for programs that have started, yes. And in addition, just to give you a little history, if you remember, this is the program that I used to do as an extension agent in the extension office, and so that has been in -- on hiatus since I started as the director of human services in June of2006. When I took over housing in February, one of my prime goals was to get this program back going because it really is one of the most effective means of providing solid education for our low/moderate Page 240 September 25, 2007 income families that are buying homes and preventing them from foreclosure and the things that we're seeing all around the county that puts our communities in distress. And so this program has already taken a hiatus for this amount of time. It will continue to do so until we can work this out. So that's my concern, is that I would like to see this going, because we've got people in the pipeline that are trying to buy homes, and I personally do not think it's fair and nor do I know if the organizations can continue to do work without being reimbursed for the work that we're asking them to do. COMMISSIONER HENNING: Okay. Is there any way that we can, in the future, instead of asking for forgiveness, is ask for permission? MS. KRUMBINE: I'm not quite sure -- COMMISSIONER HENNING: All I'm saying is, this is already done. Can we get it before the board before it's done, because it's really kind of boxing us in. MS. KRUMBINE: No, this is -- we're not getting it to you -- this is for your approval. We're not -- this isn't meant to box you in, that's why it comes before you is for you to -- COMMISSIONER HENNING: Yeah, I know, but the work is already performed. MS. KRUMBINE: Well, it's started, but we haven't paid them yet because we can't pay them until the agreement is signed, and then we will-- like, for example, one of the -- you know, they've started some of the work, and part of it is because that's what their organizations want to do, but on the other part of it, part of our grant application process, which is what they both did in order to get into this, asks them -- part of the process says to them, how ready are you to start these projects? And we score them on that, so it behooves them to begin some of the process to show us that they have that capability because then we score them higher in those areas. Page 241 September 25, 2007 So they started the process and the programs in kind of like good faith to show us their abilities in doing this. COMMISSIONER HENNING: You understand what I'm saying, right? MR. MUDD: Commissioner, yes, sir. Next time we need-- COMMISSIONER HENNING: That's all. MR. MUDD: We need to be dead on and we need to bring it up early. What we'll do is we'll continue this particular item, and if there's another one, the next executive summary you will see is if that organization that's represented by that young lady that's at the podium, if she's had any classes that have been accomplished already, we'll identify those as work that's already been accomplished so that you'll see that, and then the future work for the total $22,000 so there will be no -- there will be no misunderstanding about what the money's going to be used for. We'll get that resolved. COMMISSIONER FIALA: And that was exactly my point, is just to dot the I's and cross the T's, do a little housekeeping work here so that from here on in the clerk can get this and just pay it, and you don't ever have to bother going through this. It's just the little tiny stub your toe along the way to having it free and clear from here on in. MS. COOK: Could I just clarify one thing? We're not asking for funding going back to March. We started that program knowing that we were taking that on and doing that out of our budget. The funding that we applied for -- and I would say Marcy's office is very good at drilling into all of our heads that you cannot start spending funding until you've signed the agreement and until the commissioners have signed the agreement. So we -- the funding that we're receiving will be to expand our programs to offer the class more frequently and to do the one-on-one counseling with client that are clients of other organizations, not just ours. We had to do it for our own use because there was a gap in those services, but we want to expand that and serve anyone that's in Page 242 September 25,2007 eastern Collier County. CHAIRMAN COLETTA: Okay. So we have a motion and we have a second to continue it. And with that, no other comments. All those in favor, indicate by saying aye. COMMISSIONER COYLE: 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 Halas absent. Jim Mudd, is there anything you got on the agenda that we can get the most staff people out of here that might move them out quicker so they're not here any longer than they have to be? I know we've got -- we have a couple of odds and ends, but -- MR. MUDD: Commissioner, I think if we just go after it the way it is, I think we'll get through this just as fast as we would anyplace else. CHAIRMAN COLETTA: Okay. Go ahead. MR. MUDD: Okay. I don't see it lasting forever. I believe-- CHAIRMAN COLETTA: No, forever won't work. Item #IOH STAFF DIRECTION GIVEN TO ADD TO THE 2005 CYCLE OF GROWTH MANAGEMENT PLAN AMENDMENTS, AT ADOPTION PUBLIC HEARINGS, A PROPOSED AMENDMENT TO THE WELLHEAD PROTECTION AREAS AND PROPOSED WELLFIELDS AND ASRS MAP - APPROVED Page 243 September 25,2007 MR. MUDD: Ifwe go to 10H, it's staff request for direction to add to the 2005 cycle of Growth Management Plan amendments at adoption, public hearings, a proposed amendment to the wellhead protection areas and proposed wellfields and ASRs maps. Mr. David Weeks, comprehensive planning manager, will present. COMMISSIONER COYLE: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: We have a motion to approve by Commissioner Coyle, second by Commissioner Fiala. Any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 4-0, with Commissioner Halas absent. Item #1 or RECOMMENDATION TO LIABILITY, AUTOMOBILE, WORKERS COMPENSATION, FLOOD, AIRCRAFT, AND OTHER INSURANCE AND RELATED SERVICES FOR FY 2008 IN THE AMOUNT OF $2,127,861 - APPROVED MR. MUDD: Commissioner, next item is 10I. It's a recommendation to approve the purchase of liability, automobile, Page 244 September 25,2007 workers compensation, flood, aircraft, and other insurance and related services for FY-2008 in the amount of$2,127,861. Mr. Jeff Walker, your Risk Management Director, will present. COMMISSIONER COYLE: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: We have a motion to approve by Commissioner Coyle, a second by Commissioner Fiala. Any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, say aye. COMMISSIONER COYLE: 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 Halas absent. MR. MUDD: Commissioner, I will tell you, in Jeff Walker's instance, that he's got a lot of coverage that overlap to make sure that we've got the right deductibles and things like that. That was my question that I had of him and he answered that specifically, because there was a couple things on the deductibles and coverage so you do have the overlaps. And Mr. Walker does a very good job making sure that we're properly insured. Item #10J AN AGREEMENT BETWEEN COLLIER COUNTY AND DR. MARTA U. COBURN, M.D., FLORIDA DISTRICT TWENTY MEDICAL EXAMINER D/B/A DISTRICT TWENTY MEDICAL Page 245 September 25, 2007 EXAMINER, INC. TO PROVIDE MEDICAL EXAMINER SERVICES FOR FISCAL YEAR 2008 AT A COST OF $1,072,100 - APPROVED The next item is 10J. It's a recommendation to approve an agreement between Collier County and Dr. Marta U. Coburn, medical doctor, Florida District 20 Medical Examiner, 20th -- excuse me -- District 20 Medical Examiner, Inc., to provide medical examiner services for fiscal year 2008 at a cost of $1 ,072, 100. COMMISSIONER COYLE: Motion to approve. COMMISSIONER FIALA: Second. MR. MUDD: And I'm representing I guess. CHAIRMAN COLETTA: Motion to approve by Commissioner Henning, seconded by Commissioner Fiala. Any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it, 4-0, with Commissioner Halas absent. Item #100 RESOLUTION 2007-278: AUTHORIZING THE TOURISM DEPARTMENT TO UTILIZE EMERGENCY ADVERTISING FUNDS IN THE EVENT OF A DISASTER - ADOPTED Page 246 September 25, 2007 W/CHANGES MR. MUDD: Commissioner, that brings us to 100, which used to be 16F7, and that is a recommendation to approve a resolution authorizing the Tourism Development Council to utilize emergency advertising funds in the event of a disaster. Changes to the resolution are as follows: Adding the BCC chairman in addition to the County Manager to use the emergency dollars, also adding the words "but not limited to" before listing the types of disasters the funds would be used for. The -- that move was at staffs request because that change was made after the agenda was done, and it -- and I believe the additions were the recommendations of the TDC. MR. WERT: That is correct, sir. MR. MUDD: Mr. Wert, if you want to explain. MR. WERT: Jack Wert, Tourism Director. And this resolution really does help us identify those uses of the emergency advertising dollars and also sets aside a dollar amount each year that we would have dedicated and only use if we needed to in the event of disaster recovery advertising, and we, as the resolution says, take the plan to the County Manager and get his approval and also the TDC chairman before you -- CHAIRMAN COLETTA: The reason for it, Jack, was because there was some concern over the money being spent just on the County Manager's say-so. MR. WERT: Yes. CHAIRMAN COLETTA: They wanted the oversight of whoever is the chair at the point in time that this disaster in the making or event has come and gone so that the money might not be needlessly spent. If there's a disagreement, it has to go back. MR. WERT: That's correct. CHAIRMAN COLETTA: Commissioner Coyle? Page 247 September 25,2007 COMMISSIONER COYLE: Now, let me make sure I understand. This is not a request to spend $500,000 this year of advertising? MR. WERT: No, sir, it's not. COMMISSIONER COYLE: This is only the approval of the resolution? MR. WERT: The resolution which would set aside 500,000 so that we didn't have to come back to the county commission to get that. That's all this does. COMMISSIONER COYLE: Okay. Somebody's going to have to declare the emergency. Who does that, the commissioners? MR. WERT: In the case of a hurricane, for instance -- MR. MUDD: Yes, sir. MR. WERT: Yes, it would be you. MR. MUDD: Yes, sir. You would -- you would declare the emergency. And I would be very, very skeptical of authorizing any expenditure here unless the board has declared that emergency, that it's backed up with state-declared emergency and that kind of business. COMMISSIONER COYLE: That's what I was asking, yes. MR. WERT: Yes, sir. COMMISSIONER COYLE: Okay. So we're all in agreement that that's what it's for. Okay. MR. MUDD: Now, the only question I've got for you is, hurricanes have a tendency -- I don't even like to talk about them. Sometimes they happen -- for instance, Charley happened when the board was in summer recess. And if! can get the chairman, that's fine, but if I can't get the chairman, can I -- the intent of this board, can I get to the vice-chairman and then the next senior -- CHAIRMAN COLETTA: Yes. COMMISSIONER COYLE: Yes. MR. MUDD: -- as we go down the thing, but I'll make sure I try to get each one in that row. Page 248 September 25, 2007 COMMISSIONER COYLE: Yeah. I'll make a motion that we approve with the guidance that, if the chairman is unavailable or if the Board of Commissioners is unavailable, you can go down the line until you get approval from a commissioner. COMMISSIONER HENNING: If nobody's available, let Heidi Ashton do it. CHAIRMAN COLETTA: Okay. Heidi, you're going to offer us an opinion? MS. ASHTON: Good afternoon, I just need to clarify for the record, because the resolution does not condition this upon the declaration of an emergency. There are two different categories of types of events where the funds could be used after approval by the tourism director and after the County Manager and both the chairman of the TDC agree to use the funds. This is a delegation of authority under certain conditions to use up to $500,000 a year. And the items where the immediate use of the funds would become available are outlined in the fourth paragraph in the resolution that includes hurricanes, tropical storms. And then the second category of events where the funds could be used is tied to a decline in visitation. So you'd have to have the event, and those types of categories are listed, like a terrorist attack or a war, not necessarily in Collier County. It would be ties to a decline in visitation. So it's an attempt to give some authority for the funds to be available for emergency without having to actually have a declared emergency. So if that's what you want, then you'll need to clarify that. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: I'm not willing to agree to that kind of delegation of authority. I'm willing to agree that they have the authority to spend the funds as long as the board or an authorized commissioner agrees with the declaration of the emergency for the disaster, but I'm not willing to let someone else make those Page 249 September 25, 2007 determinations and then spend $500,000. CHAIRMAN COLETTA: I think that's exactly what this-- COMMISSIONER COYLE: No. No, it's not. Heidi was just telling us that's not what this resolution does. This resolution delegates the authority to make that decision, and I don't think that decision should be delegated. MS. ASHTON: That is correct. We can tie the resolution if that's how the board would like to go to the declaration of an emergency. That would address probably the first -- well, we could modify the resolution a little bit. I don't know if you want to tie it to a decline in visitation or work it out, I guess, with Jack, if you want to get back -- MR. MUDD: Commissioner, you can declare it -- let's do it a declared emergency, and if it's a regular kind of thing, we've got two weeks worth of declining visitors, you get it to the Board of County Commissioners on a regular agenda item and get that resolved. You don't need to have a delegation of authority. COMMISSIONER COYLE: Well, that is not an emergency either -- MR. MUDD: Well, I understand. COMMISSIONER COYLE: -- two weeks of declining visitors. MR. MUDD: No. I guess what I'm going to say to you is, it comes to the Board of County Commissioners. I'm not -- I agree with you. I'm not arguing with you. You know, I feel a whole lot more comfortable when it's a declared emergency when you do that kind of stuff. And if it's not, it needs to be a regular agenda item here at the Board of County Commissioners. COMMISSIONER COYLE: Okay. MR. MUDD: And if worse comes to worst, we've convened boards before where we've only had two commissioners on the dais and the rest of the commissioners on the phone, and we can work it out in that particular case if we get something extraordinary. Page 250 September 25,2007 COMMISSIONER COYLE: Yep. MR. MUDD: But outside of an emergency, personally I don't want that kind of authority. COMMISSIONER COYLE: Yep, that's right. MS. ASHTON: We can modify the fourth paragraph in the resolution to tie it into after the board declares the state of emergency, and then we would delete the paragraph following that, which would be the fifth paragraph that deals with the tie into the decline in visitation. CHAIRMAN COLETTA: Okay. You wanted to make a motion? COMMISSIONER COYLE: It's okay with me. Yeah. I will make a motion to approve the resolution with the modification of the fourth paragraph, be it further resolved, authorizing the Board of County Commissioners to declare the emergency based upon the circumstances described in that paragraph and eliminating the second paragraph. COMMISSIONER FIALA: Second the motion. CHAIRMAN COLETTA: Okay. Motion by Commissioner Coyle and seconded by Commissioner Fiala. Any discussion? (No response.) CHAIRMAN COLETTA: Hearing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: 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 Halas absent. Page 251 September 25,2007 Item #10P COLLIER COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP (HOME) AND EMERGENCY SHELTER GRANT (ESG) CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR FISCAL YEAR 2006- 2007 AS REQUIRED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), AND AUTHORIZE THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO CERTIFY THE CAPER FOR SUBMISSION TO HUD - APPROVED MR. MUDD: Commissioner, the next item is lOP. It used to be 16D7. And that is a recommendation to approve Collier County's Community Development Block Grant, CDBG, HOME investment partnership, HOME, and emergency shelter grant, ESG, consolidated annual performance and evaluation report, CAPER, for fiscal year 2006/2007 -- excuse me, for fiscal year 2006/2007 as required by the United States Department of Housing and Urban Development, HUD, and authorize the chairman of the Board of County Commissioners to certify the CAPER for submission to HUD. The item was moved at Commissioner Fiala's request. COMMISSIONER FIALA: Yes. Thank you. Did you say we were going to be talking about this again Friday? MS. KRUMBINE: You and I have an appointment to meet on Friday. COMMISSIONER FIALA: Oh, do we? But we're not going to talk about it as a board. Okay. Then let me just hit this a little bit. There were a lot of things that I noticed in here. I read this whole report. And one of the things that it's based upon is the affordable housing deficit of 30,949 units. And as you all know, when Cormac Page 252 September 25, 2007 Giblin came up with those figures, he neglected to include anything that was built before 1996 for affordable housing, nothing. He also did not include in his report anything after 1996 that was built but didn't receive SHIP funds. Like, for instance, all those that Mario Valez (phonetic) built in Golden Gate Estates. And so that really -- what it's done -- this is another report that has been skewed because of skewed figures. I know you had nothing to do with it, Marcy, but anyway -- but it has. We've got a children's wellness report, and the whole thing was based on that, and it did great damage to that report, too. And so my first thing is, I wanted to ask Jim Mudd if maybe we ought to get an updated report to actually include all of the affordable housing in Collier County, not just -- just SHIP fund affordable housing. There were other things in here that I had a question about it. I was wondering, it says, fair housing complaints in 2004, but I was wondering why they didn't include 2005 and 2006. I didn't quite know when this was written. Then it says, in the past year they'd seen a large number of rental complexes converted to condos, but that was last year or the year before when the market was so high. They're not doing that now. And then there was -- there's some spelling errors, more spelling errors. No, I'm not going to do that one. Hovers around $400,000. I don't know if that's it. I have a couple more. They mention delays in permitting, but I think that that maybe could be explained a little bit more. It was explained to me and I -- and I understood it. Let's see. There were a couple other things in here, too. It said that -- addressed the growing affordable housing crisis in the community, and I think that that was a while back also. Gosh. I'm looking for one in particular. Why can't I find it? Anyway, I just think maybe we need to just address a couple Page 253 September 25,2007 more things in here. Why can't I find that other one? Darn it, darn it. Well, that's all. I just -- I have some more in here, but if we talk about it Friday -- I would just like to maybe bring it up to more present-day facts in here if you have the time to do it. I see that you have to turn it in by Friday, so maybe we should meet before then just so I could show you a couple of the things. MS. KRUMBINE: Let me just clarify two things in what you are referring to under the fair housing information on six and seven. That is actually a report that was generated by an outside consultant, and all the information that is within that is what that outside consultant generated in 2006, before May of 2006 when they did it along with the consolidated plan. And they are using all the figures for that time, and that is with that report, and that is the most recent report for fair housing, and the impediments that they are discussing are based at that time for that report. And for clarification purposes, that 30,000-unit deficit is not a figure that's generated locally. That's actually a figure that was generated by the Shimberg Institute of -- COMMISSIONER FIALA: And how did they get that figure? MS. KRUMBINE: It's what they're considering the number of people in Collier County that are paying more than 30 percent of their income, their cost burden. They're paying more than 30 percent of their income. So it is -- on housing. So it's not a -- locally generated, and that's why you're seeing it in other studies -- COMMISSIONER FIALA: Let me interrupt you. MS. KRUMBINE: -- is because it's from the Shimberg Institute. COMMISSIONER FIALA: The reason they have that figure, because we got that verification while Cormac Giblin was standing right where you are. I said, then how did they get that report? I said, did you give them the figures, and he said yes. Now, surprisingly, after a couple months it's changed to cost burdened rather than lack of. Page 254 September 25, 2007 It's slopped back and forth. It just -- it happens to be running over on you. I know you've got a lot of work to do to clean up a lot of the stuff that's happened, but -- MS. KRUMBINE: I'd be happy to get in and change that one line on page 6 to say that those are the number of cost-burdened families in Collier County. COMMISSIONER FIALA: And that includes all wealthy people, too, in Port Royal and Pelican Bay and -- MS. KRUMBINE: And -- absolutely. COMMISSIONER FIALA: -- Marco Island. Okay. Just so that -- yeah. MS. KRUMBINE: Yes. And it really is my understanding, Commissioner, that the Sadowski Act, the money that we use here for the SHIP program is money that is funded to the University of Florida, the Shimberg Institute, to be a database clearing house to collect data like this. And I would think that they collect the data and they don't get it from the counties. That's what a research-based unbiased institution is. That's my understanding of it. COMMISSIONER FIALA: That's what I was told right where you are standing. Okay. CHAIRMAN COLETTA: Okay. We have Commissioner Coyle. COMMISSIONER FIALA: But we're -- not anymore. And some spelling errors, too. Some spelling errors. Do you want me to -- MS. KRUMBINE: If you can give me your copies, I'd be happy to correct it. COMMISSIONER FIALA: Okay, yeah. Okay. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Yeah. According to the way they calculate this, I'm included in those figures, too. MS. KRUMBINE: Me, too. COMMISSIONER COYLE: But the point we have to recognize Page 255 September 25,2007 -- and I have asked for the documents and the formula for calculating those things. I've gone through them. Commissioner Fiala is absolutely correct. They're filled with assumptions that are not correct and are not well founded. But we must understanding one fact about social service programs and the people who participate in them and the consultants who provide the data. The worse you make the situation appear, the more likely you are to get money from the federal and state governments. That's why they do it. They make it look as bad as they can possibly make it so that we stand a chance to get more money. And you and I are having to make decisions based upon all this faulty data and we know it's wrong but it results in more money coming to us from state and federal government. So that's just something we have to understand. CHAIRMAN COLETTA: And I -- you know, you're probably right, but we're never going to solve that problem sitting here tonight. You know, and I know we're not doing too well as far as getting future workshops planned. I'd love to see a workshop on this where we can really get into it and have staff prepare ahead of time and come to us with all the particulars so that we've got it laid out and we know what we're dealing with. We're grabbing at little bits and pieces that we can go forward. No clear directions for staff of what to do or what not to do. We're just finding fault for what we can see is lacking. I'd love a workshop on it. COMMISSIONER FIALA: Good. And I'll bring up some things at the end of our meeting that we can include in that. CHAIRMAN COLETTA: Okay, great, yeah. I think it would be a wonderful thing to do. Meanwhile-- COMMISSIONER COYLE: I would point out to you that we've been talking about this for five years. I've been asking for that figure for five years. I know Commissioner Fiala's been asking for an accurate figure. We're never going to get it. We can workshop it until Page 256 September 25, 2007 there's a very cold day in you know where, and we're not going to get it. CHAIRMAN COLETTA: We may as well just -- COMMISSIONER COYLE: We've asked for it over and over and over again, and we've never received it. Okay. MS. KRUMBINE: I understand your frustration, but I would like to just separate those issues with this, which is basically a report on how we've spent federal funds. COMMISSIONER COYLE: That's right. MS. KRUMBINE: It's not a policy. COMMISSIONER COYLE: Motion to approve. MR. KRUMBINE: It's just a report on what we've done for the past year. CHAIRMAN COLETTA: Second. I have a motion from Commissioner Coyle, second from Commissioner Coletta for approval. Discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Let the record show the vote was 3-1; Commissioner Henning was in opposition; Commissioner Halas was absent. Item #IOR RECOMMENDATION THAT THE BOARD OF COUNTY Page 257 September 25, 2007 COMMISSIONERS APPROVE, AND AUTHORIZE THE CHAIRMAN TO SIGN, A SUB-RECIPIENT AGREEMENT PROVIDING A STATE HOUSING INITIATIVE PROGRAM (SHIP) GRANT IN THE AMOUNT OF $35,000 TO THE COLLIER COUNTY HOUSING DEVELOPMENT CORPORATION (CCHDC) FOR HOMEBUYER COUNSELING TO LOW AND MODERATE INCOME HOUSEHOLDS IN COLLIER COUNTY. THIS PROGRAM WILL CONSIST OF HOMEBUYER EDUCATION AND ONE-TO-ONE COUNSELING FOR POTENTIAL NEW HOMEBUYERS - MOTION TO CONTINUE - APPROVED MR. MUDD: Commissioner, that brings us to -- I think it's lOR. It used to be 16D 18, and that is a recommendation that the Board of County Commissioners approve, authorize the chairman to sign a sub hand receipt -- yeah, sub hand receipt -- a sub-recipient agreement providing a state housing initiative SHIP grant in the amount of $35,000 to Collier County Housing Development Corporation for homebuyers counseling to low/moderate income households in Collier County. The program will consist of home buyer education and one-on-one counseling for potential new home buyers. Commissioner Fiala asked for this item to be on the regular agenda. I believe it's the same as the one we did previously. COMMISSIONER FIALA: No, not quite, not quite. I'm sorry. MR. MUDD: Oh, I'm sorry. COMMISSIONER FIALA: Okay. I had asked previously -- I don't know when it was, maybe July -- for a CCHDC report for September, I stipulated September. I never did get that report. That's the first thing I wanted to say. And I'm still looking for it. MR. MUDD: Ma'am, and I went back and looked, and that was a report on Cirrus Pointe. And after -- Page 258 September 25, 2007 COMMISSIONER FIALA: No, CCHDC. MR. MUDD: Okay. I hear -- what we got direction from the board was, at that meeting, was to come back with a Cirrus Pointe briefing, and I specifically tasked it out, and that's why, after I had a meeting with you this week, I went back and said okay, where is the Cirrus Pointe briefing, so -- COMMISSIONER FIALA: Crystal, you remember this, the CCHDC report, right? MS. KINZEL: I didn't go back and review the record. COMMISSIONER FIALA: Okay. That was the first thing. We were just looking for a report. And I'm conferring with the clerk's office because I just want to make sure that future reports are a lot easier. And we might as well get it on the right direction right now and then we can -- we'll just slide on through. But on this particular thing, the criteria for grading would be the feasibility of the program, and yet I have here the SHIP homebuyer education application evaluation. And I thought it was interesting when they go down program feasibility, and they put question marks and a zero, another one said, no mention of grants, so they only gave it a one. Somebody else graded it with a three out of a possible nine, and I'm -- and here's another one with two, and then they give a few reasons why it was two. And I'm thinking, if we're having problems with the feasibility, how well is it working if they don't even know what it's supposed to be doing? So maybe we have some problems in that area. And as Crystal said, it's really difficult for her to pay anything when there's -- when it doesn't seem to be we have a good feasibility program here. MS. KRUMBINE: Commissioner, let me explain the process of how we went about asking for these proposals. We did a request for proposal, grant application, and gave a deadline, and two Page 259 September 25, 2007 organizations did respond with proposals to provide homebuyers' education. We had a committee of, I believe, five, which included one representative from the Affordable Housing Commission that reviewed each of the applications and scored them, and you are looking at some of the individual scores. And then we got together as a group and went back and forth and came up with a group score. At that point we presented their score -- the scores to -- by letter to the two organizations that applied and asked them to come before the Affordable Housing Commission and address some of the issues that were brought -- that were brought up in their application process to address the deficits that were in their application, which they did in August. And after appearing before the Affordable Housing Commission and addressing those items, the Affordable Housing Commission did recommend that we fund both organizations. COMMISSIONER FIALA: Crystal, could I ask you, will that allow you to pay this bill? MS. KINZEL: Commissioner, I have the same problem with the consistency with the milestones and the other -- that I had on the other grant. It's the milestones versus the payment dollar and the numbers of classes. I need that reconciled on this one the same way I do on the other one. COMMISSIONER FIALA: Can you handle that? MR. MUDD: Continue to the next meeting for-- COMMISSIONER FIALA: And then from here on in every report would have that, and then it should just fly on through. MR. MUDD: Just like 16D9. COMMISSIONER COYLE: Motion to continue. COMMISSIONER HENNING: Yep. CHAIRMAN COLETTA: Okay. We have a motion to continue by Commissioner Coyle and a second by Commissioner Henning. Page 260 September 25,2007 Any other discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: 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 Halas absent. MR. MUDD: Commissioner, that brings us to County Attorney report. This is a recommendation for the board to approve an interlocal service boundary agreement with City of Naples and East Naples Fire Control and Rescue District for purposes of providing services to the Collier Park of Commerce following annexation of that area by the City of Naples. COMMISSIONER COYLE: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: I have a motion to approve by Commissioner Coyle, second by Commissioner Fiala. Any discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) Page 261 September 25,2007 CHAIRMAN COLETTA: The ayes have it, 4-0, with Commissioner Halas absent. MR. WEIGEL: Thank you. Item #13A THE BOARD OF COUNTY COMMISSIONERS TO SERVE ON THE COLLIER COUNTY CANVASSING BOARD FOR THE SPECIAL PRIMARY ELECTION AND, IF NEEDED, THE SPECIAL GENERAL ELECTION TO FILL THE VACANCY IN STATE HOUSE DISTRICT 101- MOTION FOR COMMISSIONER HALAS TO SERVE ON CANVASSING BOARD AND COMMISSIONER HENNING TO SERVE AS THE AL TERNA TE - APPROVED MR. MUDD: Commissioner, that brings us to 13A, which is selection of a commissioner to serve on upcoming canvassing boards due to special primary election and special general election to fill the seat left vacant by Representative Mike Davis. COMMISSIONER HENNING: Motion to send Commissioner Halas. COMMISSIONER FIALA: Second. COMMISSIONER COYLE: Oh, second. CHAIRMAN COLETTA: Motion to have Commissioner Halas represent us on the canvassing board, seconded by Commissioner Coyle. All those -- any discussion? COMMISSIONER HENNING: Any objections? CHAIRMAN COLETTA: I haven't heard him say a word. He's in total agreement. That will work for you, won't it? And with that, all those in favor -- I'm sorry. Would you like to address this? Page 262 September 25, 2007 MS. EDWARDS: No, this is fine. MS. FILSON: She may want to appoint an alternate. MS. EDWARDS: If it just keeps on moving, that's just fine. I will say, though, it's a sad, sad reason that we are required now to have this special election, but we do need one of you to please serve on the canvassing board. CHAIRMAN COLETTA: Commissioner Halas didn't raise one objection, so he's the one person. MS. FILSON: Do you need an alternate in case-- MS. EDWARDS: An alternate? Would one of you be willing to serve as an alternate? Commissioner Henning will. COMMISSIONER HENNING: Part of my motion is -- CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: -- for myself to be the alternate. COMMISSIONER FIALA: Second. COMMISSIONER COYLE: I'll second that. MS. EDWARDS: Thank you. CHAIRMAN COLETTA: Okay. You've got a lot of seconds. Okay. We have a motion, we have a second, and that would be putting Commissioner Halas on the canvassing board with Commissioner Henning being the alternate. With that, no other comments, all those in favor, indicate by saymg aye. MR. WEIGEL: Mr. Chairman? Mr. Chairman? COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Mr. Chairman? CHAIRMAN COLETTA: I'm sorry. MR. WEIGEL: Okay. This is an appointment, and I believe you may be clear in your minds but, perhaps, not on the record with no presentation, that it is purely for this particular special election; is that correct? MS. EDWARDS: That's correct. Page 263 September 25, 2007 CHAIRMAN COLETTA: I think that's understood by the motion maker. MR. WEIGEL: Okay. Primary and special election, or do we have both or just one at this point in time? MS. EDWARDS: We have a primary and a general election in the special election cycle; however, the election may be decided in the primary. And if that's the case, then, of course, we would not have the general. CHAIRMAN COLETTA: Good. Okay. With that, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: Commissioner Halas was opposed? No, no way. The vote was 4-0 in favor of doing it with Commissioner Halas absent. That worked out well. MS. EDWARDS: Thank you. CHAIRMAN COLETTA: Thank you. Item # 11 PUBLIC COMMENTS ON GENERAL TOPICS MR. MUDD: Commissioner, that brings us to -- I skipped over public comments on general topics. Ms. Filson? MS. FILSON: I had no one for -- no speakers for public comment. MR. MUDD: Thank you very much. That brings us to staff and commissioners' general Page 264 September 25, 2007 communication. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS CHAIRMAN COLETTA: Jim Mudd? MR. MUDD: Commissioner, I just want -- Commissioners, I just want to make sure I've got this right, nothing's changed, I have a memo from Commissioner Coyle that he will be absent for the next board meeting on October 9th. Does that still stand? COMMISSIONER COYLE: Yep, and for every board meeting thereafter. MR. MUDD: The reason I just wanted to make sure, if we have any zoning issues, then we have to notify, and we'll work through that particular issue. Something that came up when I was looking at the schedule for January of 2008 and -- as we start to line up board meetings, and it just so happens that January 1st falls on a Tuesday, and that would make the board meeting the next Tuesday, and it gets really difficult with people in the holidays and things like that in order to prepare. I'm making a proposal that in January, because there are five Tuesdays in January, that the board meetings be on the third and the fifth Tuesday of January, which would be the 15th of January and the 29th of January just because of that holiday issue, and I just wanted to run that by the Board of County Commissioners to get your approval to do so. COMMISSIONER FIALA: I think that's a good idea. Do you need a motion on that? MR. MUDD: Yes, ma'am. I would just like to have that, and then everybody knows for January we're going to do the board meetings on the third and the fifth Tuesday, the 15th of January and Page 265 September 25, 2007 then the 29th of January. CHAIRMAN COLETTA: One small problem, probably not that big of a problem, but on the 29th of January, we have an LDC hearing scheduled. MR. MUDD: Yes, sir, and you have it the next day, and we'll reschedule that, sir. CHAIRMAN COLETTA: Okay, fine. MS. FILSON: And the second Tuesday in January we're going to move -- we currently have a workshop scheduled for the third Tuesday, so we're going to swap those, and you're going to have a workshop and then have the BCC on the third. MR. MUDD: And that workshop would be with the TDC-- MS. FILSON: EDC. Wasn't it EDC? MR. MUDD: EDC, excuse me, EDC -- on that Tuesday the 8th. So we'll use the dates, but adjust the agenda and try to get everything lapped together over the holidays. Knowing that the 1 st is a Tuesday makes it pretty difficult. CHAIRMAN COLETTA: Anything else, Mr. Mudd? MR. MUDD: No, sir. That's it. CHAIRMAN COLETTA: How about you, Mr. Weigel? MR. WEIGEL: I'll be tendering my valuation documents to you in a couple of days, and typically it's come back at the first meeting in October, but if your turnaround runs too short, obviously you can just lag it to the second meeting, if you wish. CHAIRMAN COLETTA: Mr. Weigel, your contract is probably going to end before the search for a new County Attorney takes place. How we going to cover that -- MR. WEIGEL: That's correct. CHAIRMAN COLETTA: -- shortcoming? COMMISSIONER HENNING: It's up to the board. COMMISSIONER COYLE: Suggestion? MR. WEIGEL: Well, it's your pleasure as far as that goes. Page 266 September 25,2007 There had been indication in June by board discussion to continue the contract till the search is complete and decision is made, I believe, but that's up to you, quite frankly. CHAIRMAN COLETTA: I'm sorry. Commissioner Coyle? COMMISSIONER COYLE: Yeah. I would like to make a suggestion. To make it easier on Mr. Weigel, and I think everybody else, I think we should give some certainty to this decision and extend his contract to a certain point in time that would allow us adequate time to complete the appropriate review of the candidates that will be presented to us. I think that's the fair thing to do rather than just leaving Mr. Weigel hanging not understanding what it is we're going to do. So would that work, David? MR. WEIGEL: Well, that would. I suppose you're suggesting then a time certain. I recall from the discussion of the recruiting firm that was selected, they said something to the effect -- I'm quoting fairly closely -- that it's typically about 120 days from a contract coming back to you to a candidate's being before you. The contract is not before you yet. The selection of candidates would ostensibly occur at the date that they come before you or shortly thereafter. But a contract, of course, is negotiated after that. So those, I think, are the parameters that you'd be talking about. COMMISSIONER COYLE: Okay. So if we were to extend Mr. Weigel's contract for 120 days? MR. WEIGEL: That would probably cover it, including the negotiation time with another attorney. COMMISSIONER COYLE: Okay. CHAIRMAN COLETTA: Hundred and twenty days from? MR. WEIGEL: Date of expiration? COMMISSIONER COYLE: Yeah, what is the date of expiration? MR. WEIGEL: November 22nd. Page 267 September 25, 2007 COMMISSIONER COYLE: There would be no risk in doing that. If -- I presume David is going to submit an application to be considered anyway, and if David were selected as the candidate, we would have no risk there. If David is -- would not be selected as the candidate, it serves some purpose. Even if we were to do it less than the 120 days, it serves some purpose to have an appropriate transition. So if Mr. Weigel were willing to provide for that time to make a transition, I think that would serve us all very well. CHAIRMAN COLETTA: Okay. COMMISSIONER HENNING: Yep. COMMISSIONER FIALA: I agree. CHAIRMAN COLETTA: Give direction to his office to draw up the extension to the contract? That would be the next appropriate thing to do so that we put it into place and make sure we covered everything. MR. WEIGEL: I'd be happy to do that or have that done with my staff. If you wish to take a vote today, you could in regard to that, and I can just provide the document to the chairman, or we can bring it back as you would like, on consent or however. CHAIRMAN COLETTA: Commissioner Coyle, you -- COMMISSIONER COYLE: I wouldn't -- I mean, if it's legally proper, I don't have a problem making a motion to do that, to have it brought back to the board for approval. MR. WEIGEL: Oh, okay. Well, that's very easy to do. COMMISSIONER COYLE: Okay. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: We have a motion by Commissioner Coyle and a second by Commissioner Fiala. Any other discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. Page 268 September 25, 2007 COMMISSIONER COYLE: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it, 4-0. MR. WEIGEL: Thank you for your considerations. And I don't think I have anything else to report, but thank you. CHAIRMAN COLETTA: Fine. We'll start with you, Commissioner Coyle. COMMISSIONER COYLE: I don't have anything. CHAIRMAN COLETTA: Wow, that's wonderful. COMMISSIONER COYLE: I hope you don't either. CHAIRMAN COLETTA: Well, I'm going to disappoint you because I do. No. I just wanted to tell you it was a very interesting meeting and it's the kind that makes my life more meaningful to be able to bring things to successful conclusions, at least in most cases. COMMISSIONER COYLE: You need to get a life. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: Yes. We tasked our County Attorney, Jeff Klatzkow, just a little bit ago -- I don't know, maybe a month ago -- to look into the Port Au Prince canals that were overloaded with whatever they're called, hydrangeas (sic) or whatever -- I don't know -- CHAIRMAN COLETTA: Hydrilla (sic). COMMISSIONER FIALA: Hydrillas. And who has ownership of that because we have turned it back to them and said they had to pay for that, and then they said, we don't own them. So Jeff went out and took a look at them, and surprisingly enough, the county owns those canals. MR. KLATZKOW: It's ours, lock, stock and barrel. Page 269 September 25,2007 COMMISSIONER FIALA: Huh? MR. KLATZKOW: It's ours, lock, stock and barrel. COMMISSIONER COYLE: Can we sell them? CHAIRMAN COLETTA: Can we give them away? MR. KLATZKOW: You could try. COMMISSIONER FIALA: So I just want to let you know that I'm glad you guys supported me on that to ask him to go out and check it out, so now at least we know who's responsible for the canals. And now maybe -- Norman's stepping up to the plate. Can you tell us what we're going to do about that, Norm? COMMISSIONER HENNING: Take it out of your travel fund. MR. FEDER: For the record, Norman Feder, Transportation Administrator . Commissioner, I've already had my staff, based on the understanding of that determination by Mr. KIatzkow, look at the site. The canals are landlocked. We really don't have access to them. We can go off the end of the street and get in with an airboat. We can do that. Staff has said that actually the vegetation is not as extreme as they expected in there, and they can do that with herbicide treatment. Obviously, the mechanical extraction, which would be the ideal, is not feasible without good access to the site. I will also tell you though, the other thing we'd have to address is that the one thing that they saw out there was an awful lot of overgrowth from the properties out into the canal, as well as a lot of debris that's been thrown down on the edge of the canal, and that would be something that we would look for the property owners to work with us and to address as their responsibility. The other thing is, you've got a number of places there -- and I have some pictures I'll send to each of the commissioners now that this issue's been brought up -- where they've actually put buoys across the canal. And, of course, those need to be removed. Page 270 September 25, 2007 So you've got makeshift docks out there, some of them old and with buoys across and other issues. So we will work to get that cleaned up. Understand that we have some restrictions in the sense that it is a landlocked area, that's why we didn't realize it was even our ownership, and I'm not sure how that was all determined, but I trust very well Mr. Klatzkow's determination. COMMISSIONER FIALA: Would you like me to try and find access for you on one of the properties? MR. FEDER: I believe they said they can do it by the herbicide treatment. But I'll show you those pictures. We'll be happy to meet with you and tell you what our plan of action is. And if the feeling is that we have to do mechanical extraction, then I definitely would look for your help in trying to find some access. COMMISSIONER FIALA: Yeah. Maybe -- I'm sure that we can get Norm Testa or somebody to let you on his property every time and just use that as access so that you're not limited in what you need to do. MR. FEDER: Yeah. And I also do want to share with you, and general board's concurrence, I need to also have the property owners work with us relative to cutting back vegetation that's overhanging and some of the other issues that we see along the whole canal bank. COMMISSIONER FIALA: Maybe we can get code enforcement in, because a lot of that stuff is rental. MR. FEDER: Whatever we need to, but I'll get that information, the pictures to you, and we can go from there, if that's the board's direction. COMMISSIONER FIALA: Great. COMMISSIONER COYLE: You could condemn a couple of homes and put in a boat ramp to get in and out. COMMISSIONER FIALA: But it doesn't -- it doesn't go anyplace. It only goes from one end to the other. Page 271 September 25, 2007 MR. FEDER: Commissioner, we'll be happy to follow the board's direction, whatever that may be. COMMISSIONER FIALA: Okay. Thank you very much. My second thing, I had already mentioned to you that I was going to ask Jim to prepare a more comprehensive report on affordable housing inventory so we can set that out, but then we don't really have criteria defined either in the GMP or LDC as to what over- concentration or over-saturation means regarding affordable housing and how it is defined either demographically or geographically. Without this information, our staff has no way of evaluating rezonings or other types of development, or the applications as to whether or not they are compliant with the GMP. There needs to be a clear guideline established for staff. This is a large undertaking. There are a lot of ways to divide the county up geographically. A better, more thorough accounting needs to be done as far as what is affordable housing and what units we have on the ground now which may not have been approved for rezoning as affordable housing but are currently functioning as affordable housing. It may be difficult to define, but it needs to be done. I'd like the board to endorse this idea and give the County Manager guidance to direct the appropriate staff to start with that type of analysis to address additional GMP amendments and definitely amend the LDC to address the GMP amendment -- to -- amend the LDC to address the GMP amendment, which is addressing over- saturation. I've been working on this with Susan Murray -- or Susan Istenes, and she said it would help them immensely. The definition of over-saturation has not been established either in the GMP or LDC, and in order to properly evaluate any application, there needs to be clear guidelines. We need to take an accounting of what has been approved as affordable housing, what the county has approved as affordable housing, as well as existing inventory that may not have been approved as affordable housing but is functioning as Page 272 September 25,2007 such. CHAIRMAN COLETTA: Interesting. Once again, without a workshop, I would -- I feel that it would be a daunting task to be able to give them the right kind of instructions. I'd like to know more about it to be able to go forward with any kind of decision. Commissioner Henning? COMMISSIONER HENNING: Well, I just think that the language in the GMP about locating affordable housing in one area is prohibited. It just needs to be clarified. But Susan does such a great job. I'd like to hear more about it, and the only way we can do that is meet in the sunshine, either a workshop or individually with Ms. Istenes. But I think the community ought to be involved in it. COMMISSIONER FIALA: I think that's a good idea. It came to me when we were approving a 14,333-square-foot house in Goodland when the -- when the rule says, small village character, and then they said, but it isn't defined. And then I began to realize, well, how can they enforce anything ifthere's no definition? And that goes for this, too. And so Susan said it would help them greatly. CHAIRMAN COLETTA: So you're in agreement for a workshop, too? COMMISSIONER FIALA: Yeah. CHAIRMAN COLETTA: That's three commissioners. You've got three commissioners aiming towards a workshop on this. COMMISSIONER COYLE: That's the 22nd workshop. CHAIRMAN COLETTA: Commissioner-- MS. FILSON: I'm booking in January now. I'm booking in January now, and the only date I have left in January is the 31st. CHAIRMAN COLETTA: Sure, why not. MR. MUDD: We'll get it -- we'll get it scheduled. COMMISSIONER COYLE: That will be a good time, January 31st. Good time. Page 273 September 25, 2007 CHAIRMAN COLETTA: Okay. Anything else, Commissioner Fiala? COMMISSIONER FIALA: That's it. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Just one thing. We can do better. CHAIRMAN COLETTA: Always can. COMMISSIONER HENNING: That's it. CHAIRMAN COLETTA: Okay. I don't think any of us have reached the level of perfection yet that we can say we're done. You're right, we can do better. COMMISSIONER FIALA: Do you have any subjects that you would like to mention? COMMISSIONER HENNING: I was just suggesting that would be something great to say, we can do better. COMMISSIONER FIALA: We can. CHAIRMAN COLETTA: That never could be truer. COMMISSIONER HENNING: And this is somebody that I'm a real fan of, so -- CHAIRMAN COLETTA: Oh, I didn't know you admired me that much, but thank you. With that, we're adjourned. ****Commissioner Halas moved, seconded by Commissioner Fiala and carried unanimously, that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY FOR BIG CYPRESS ELEMENTARY SCHOOL - W/RELEASE OF THE UPS Page 274 September 25,2007 Item # 16A2 RELEASE AND SATISFACTION OF LIEN FOR PAYMENT RECEIVED FOR CODE ENFORCEMENT CASES - AS DETAILED IN THE EXECUTIVE SUMMARY Item # 16A3 RELEASE AND SATISFACTION FOR PAYMENT RECEIVED FOR A PUBLIC UTILITIES/CODE ENFORCEMENT ACTION - FOR PROPERTY LOCATED AT 3514 PLOVER AVENUE, NAPLES, FL Item #16A4 INTERLOCAL AGREEMENT FOR ENHANCED ENVIRONMENTAL RESOURCES PERMITTING WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, SOUTH DISTRICT OFFICE - FOR PERMITTING ASSISTANCE AND COMPLIANCE FOR DETERMINING WETLAND PRIMARILY IN RESIDENTIAL DEVELOPMENT IN THE ESTATES AND PLATTED LANDS WITHIN COLLIER COUNTY Item # 16A5 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR THE JASMINE LAKE REPLA T - WITH RELEASE OF THE UPS Item #16A6 Page 275 September 25,2007 FINAL AND UNCONDITIONAL CONVEYANCE OF THE WATER UTILITY FACILITY FOR THE CYPRESS WOODS BASIN 6-PLEX - W/RELEASE OF THE UPS Item #16A7 FINAL AND UNCONDITIONAL CONVEYANCE OF THE WATER UTILITY FACILITY FOR CYPRESS TRACE - W/RELEASE OF THE UPS Item #16A8 FINAL AND UNCONDITIONAL CONVEYANCE OF THE WATER UTILITY FACILITY FOR THE ARTISAN GUILD ANNEX - W /RELEASE OF THE UPS Item # 16A9 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR CALUSA PARK ELEMENTARY SCHOOL- W/RELEASE OF THE UPS Item #16AI0 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR CHARLEE ESTATES, PHASE 1 - W /RELEASE OF THE UPS Item #16All FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR CHARLEE ESTATES, PHASE 2 - W /RELEASE Page 276 September 25, 2007 OF THE UPS Item #16A12 RECORDING THE FINAL PLAT OF HIBISCUS GOLF COURSE - LOCATED OFF OF RATTLESNAKE HAMMOCK ROAD (CR 864) Item #16A13 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR BRADFORD LAKES - W /RELEASE OF THE UPS Item #16A14 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR ECKERD'S OF EAST NAPLES - W/RELEASE OF THE UPS Item #16A15 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR GOLDEN GATE HIGH SCHOOL! ACCESS ROAD - W /RELEASE OF THE UPS Item #16A16 - Moved to Item #10K Item #16A17 - Moved to Item #10L Item #16A18 - Moved to Item #10M Page 277 September 25,2007 Item #16A19 THE OFF SITE REMOVAL OF UP TO 75,000 CUBIC YARDS OF EXCESS FILL DUE TO DEVELOPMENT AND LAKE EXCAVATION IN THREE LOCATIONS THROUGHOUT LEL Y RESORT - LOCATED IN MOORGATE, OLE AND PRESTWICK PLACE, TO BE HAULED TO DEVELOPMENT NEAR DAVIS BOULEVARD AND CR 951 (COLLIER BOULEVARD) Item #16A20 AWARD BID #07-4050R DEMOLITION SERVICES OF COMMERCIAL!RESIDENTIAL PROPERTY; FOR THE CODE ENFORCEMENT DEPARTMENT TO ABATE NUISANCES WHEN THE PROPERTY OWNER FAILS TO DO SO AFTER LEGAL NOTICE - AWARDED TO CROSS ENVIRONMENTAL SERVICES, INC AS THE PRIMARY VENDOR AND GRUELLE CONSTRUCTION, INC. AS THE SECONDARY CONTRACTOR WITH AN ESTIMATED ANNUAL EXPENDITURE OF $80,000 Item #16A21 RESOLUTION 2007-261: ROADWAY (PRIVATE) AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF FOREST PARK PHASE III, THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIV A TEL Y MAINTAINED Item #16B1 AWARD CONTRACT #07-4112 "ANNUAL CONTRACT FOR SUBSURFACE UTILITY DESIGNATING AND LOCATING SERVICES" TO THE FOLLOWING FIRMS: GEORGE F. Page 278 September 25, 2007 YOUNG, INC., TBE GROUP, INC. AND RWA, INC. AT AN ESTIMATED ANNUAL COST OF $500,000 Item # 16B2 RESOLUTION 2007-262: INDICATING THE BOARD OF COUNTY COMMISSIONERS' DESIRE TO BE RE- DESIGNATED AS THE COMMUNITY TRANSPORTATION COORDINATOR FOR COLLIER COUNTY AND REQUESTING THE COLLIER METROPOLITAN PLANNING ORGANIZATION RECOMMEND IT BE RE-DESIGNATED TO THE FLORIDA COMMISSION FOR THE TRANSPORTATION DISADV ANT AGED Item #16B3 BUDGET AMENDMENT RECOGNIZING ADDITIONAL REVENUE FOR VARIOUS PROJECTS WITHIN THE TRANSPORTATION SUPPORTED GAS TAX FUND (313) IN THE AMOUNT OF $292,890.88 - PROJECT(S) 60085, 69124 AND 60066 Item #16B4 - Continued to the October 9,2007 BCC Meeting A DEVELOPER'S CONTRIBUTION AGREEMENT WITH MAC BUILDERS, INC. AND COLLIER COUNTY TO DESIGN, PERMIT AND CONSTRUCT INTERSECTION IMPROVEMENTS ON US41 AND BAREFOOT WILLIAMS ROAD - THE DEVELOPER WILL ASSUME FINANCIAL RESPONSIBILITY FOR THE COSTS IN RETURN FOR IMPACT FEE CREDITS FOR 66.67% OF THE ACTUAL COSTS NOT TO EXCEED $400,000 Page 279 September 25, 2007 Item #16B5 RESOLUTION 2007-263: AUTHORIZING A SCHOOL ZONE SPEED LIMIT REDUCTION TO 20 MPH DURING SCHOOL ARRIVAL AND DISMISSAL HOURS ON TEXAS AVENUE BETWEEN BROW ARD STREET AND PERRY LANE ADJACENT TO PARKS IDE ELEMENTARY SCHOOL (LOCATED AT 5322 TEXAS AVENUE, NAPLES, FLORIDA)- AT A COST OF $13,000 Item #16B6 RESOLUTION 2007-264: ALLOWING FOR AN ADDITIONAL PARA TRANSIT OPERATOR SELECTED BY MCDONALD TRANSIT MANAGEMENT, INC., OPERATING AS COLLIER TRANSIT MANAGEMENT, INC., D/B/A/ COLLIER AREA TRANSIT "CAT" TO PERFORM SERVICES FOR COLLIER COUNTY - MCDONALD TRANSIT MANAGEMENT HAS SELECTED GUSTAVO CARRANZA D/B/N SNL NON- EMERGENCY, LLC. AS AN ADDITIONAL PARA TRANSIT OPERATOR Item #16B7 AWARD BID #07-4184 "GOODLETTE FRANK ROAD (GOLDEN GATE P ARKW A Y TO PINE RIDGE ROAD) ANNUAL LANDSCAPE MANAGEMENT CONTRACT" TO GREEN HERON LANDSCAPES, INC. TO MAINTAIN 3.5 MILES OF LANDSCAPING AND IRRIGATION SERVICES - IN THE AMOUNT OF $58,000 Item #16B8 Page 280 September 25, 2007 CHANGE ORDER NO.1 TO PROFESSIONAL SERVICES AGREEMENT NO. 05-3835 IN THE AMOUNT OF $224,261 FOR ADDITIONAL ENGINEERING SERVICES TO BE PROVIDED BY AGNOLI, BARBER & BRUNDAGE FOR THE SIX-LANING OF THE SANTABARBARA BOULEVARD EXTENSION FROM RATTLESNAKE HAMMOCK ROAD TO DAVIS BOULEVARD, PROJECT NO. 60091 - AND ADDING AN ADDITIONAL 910 DAYS TO THE CONTRACT TIME FOR A COMPLETION DATE OF OCTOBER 15, 2010 Item #16B9 AWARD BID NO. 07-4178 "ST. ANDREWS BLVD. STORMWATER IMPROVEMENTS" TO QUALITY ENTERPRISES USA, INC., IN THE AMOUNT OF $175, 468.75- LOCATED IN LEL Y COUNTRY CLUB'S TANGLEWOOD VICINITY Item #16BI0 "RFP #07-4199 TO BE POSTED TO SOLICIT PROPOSALS FOR CONSTRUCTION MANAGER AT RISK SERVICES FOR CAP ACITY IMPROVEMENTS TO OIL WELL ROAD (PROJECT 60044) - A FOUR-LANE SECTION FROM IMMOKALEE ROAD TO JUST EAST OF EVERGLADES BOULEVARD; SIX-LANES FROM THE OIL WELL GRADE ROAD TO CAMP KEAIS ROAD AND A SIX-LANE URBAN SECTION BETWEEN EVERGLAGES BOULEVARD AND OIL WELL GRADE ROAD SCHEDULED TO BEGIN IN MARCH 2008 Item #16Bll Page 281 September 25,2007 THE PURCHASE OF 2.5 ACRES (PARCEL NO. 153) IN GOLDEN GATE ESTATES REQUIRED FOR THE CONSTRUCTION OF THE VANDERBILT BEACH ROAD EXTENSION PROJECT (NO. 60168) BETWEEN COLLIER AND WILSON BOULEVARD - FOR A FISCAL IMPACT OF $625,662 Item #16B12 PROFESSIONAL SERVICES AGREEMENT NO. 07-4133 FOR ENGINEERING DESIGN AND PERMITTING SERVICES BY P.B. AMERICAS, INC. FOR THE IMMOKALEE ROAD MUL TI- INTERSECTION IMPROVEMENTS IN THE AMOUNT OF $504,397 FOR THE FOLLOWING INTERSECTING STREETS - COLLIER BOULEVARD, NORTHBROOKE DRIVE, OAKES BOULEVARD AND V ALEWOOD DRIVE Item #16B13 AWARD BID NO. 07-4115R "US 41 (TAMIAMI TRAIL) & SR 84 (DAVIS BLVD.) ROADWAY LIGHTING MAINTENANCE CONTRACT" TO SOUTHERN SIGNAL & LIGHTING, INC. FOR NORMAL MAINTENANCE AND EMERGENCY REPAIR TO ROADWAY LIGHTING IN ALL AREAS OF US 41 - FOR FY 07- 08 IN THE ESTIMATED ANNUAL AMOUNT OF $100,000 Item #16B14 AWARD BID NO. 07-4137 "INSTALLATION AND MAINTENANCE OF ROADWAY LIGHTING FIXED TERM CONTRACT" TO SOUTHERN SIGNAL & LIGHTING, INC. FOR NORMAL MAINTENANCE AND EMERGENCY REPAIR TO ROADWAY LIGHTING IN ALL AREAS OF COLLIER COUNTY Page 282 September 25, 2007 - FOR FY 07-08 IN THE ESTIMATED ANNUAL AMOUNT OF $100,000 Item #16B15 RESOLUTION 2007-265: A SIX PERCENT (6 %) RATE INCREASE FOR THE SUBCONTRACTORS WHO PROVIDE PARA TRANSIT SERVICES FOR MCDONALD TRANSIT MANAGEMENT, INC. - DUE TO AN INCREASE IN FUEL AND INSURANCE COSTS Item #16B16 - Withdrawn BID NO. 07-4185 "US 41 (TAMIAMI TRIAL) EAST PHASE C, D, E (RATTLESNAKE HAMMOCK RD. TO COLLIER BLVD.) & SR 951 @ FIDDLER'S CREEK ANNUAL LANDSCAPE MAINTENANCE CONTRACT" TO VILA & SON LANDSCAPING IN THE AMOUNT OF $339,542.80. Item #16Cl SATISFACTIONS FOR CERTAIN WATER AND/OR SEWER IMPACT FEE PAYMENT AGREEMENTS FOR A FISCAL IMPACT OF $28.50 TO RECORD THE SATISFACTIONS OF LIEN - FOR FOLIO NOS. 51644760001 AND 48481600007 Item #16C2 RESOLUTION 2007-266: APPROVING 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, 1992, Page 283 September 25, 2007 1993,1994,1995, AND 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT; FISCAL IMPACT IS $288.50 TO RECORD THE SATISFACTIONS OF LIEN - AS DETAILED IN THE EXECUTIVE SUMMARY Item # 16C3 CONVEYANCE OF A UTILITY EASEMENT TO THE WATER- SEWER DISTRICT FOR FIVE PUBLIC WATER SUPPLY WELL SITES, ASSOCIATED PIPELINES AND ACCESS ON PROPERTY OWNED BY COLLIER COUNTY ON SHADY HOLLOW BOULEVARD AT AN ESTIMATED COST NOT TO EXCEED $7,127 (PROJECT NO. 70908) - TO MEET CUSTOMER DEMAND IN THE NORTH EAST AREA OF COLLIER COUNTY Item # 16C4 FOURTH AMENDMENT TO A LEASE AGREEMENT WITH THE CITY OF NAPLES AIRPORT AUTHORITY TO EXTEND THE LEASE TERM FOR THE NAPLES TRANSFER STATION PROPERTY AT A FIRST YEAR ANNUAL RENT OF $42,261 - FOR THREE ADDITIONAL YEARS ENDING SEPTEMBER 30, 2010 Item #16C5 CHANGE ORDER NO.3 TO AGREEMENT 06-3939 FOR PROGRAM MANAGEMENT AND OVERSIGHT SERVICES WITH MALCOLM PIRNIE INC., IN THE AMOUNT OF $473,678 FOR SERVICES RELATED TO THE NORTHEAST FACILITY PROGRAM (PROJECT 75012) - FOR GROWTH MANAGEMENT IN THE NORTHEAST CORRIDOR OF THE COUNTY Page 284 September 25, 2007 Item #16Dl A SUBRECIPIENT AGREEMENT PROVIDING FOR A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING IN THE AMOUNT OF $100,000 TO YOUTH HAVEN, INC., TO PROVIDE CRISIS INTERVENTION AND PREVENTION SERVICES FOR AT-RISK FAMILIES WITH YOUNG CHILDREN IN COLLIER COUNTY - FOR COSTS ASSOCIATED WITH ADDITIONAL STAFF AND DEVELOPMENT OF A CURRICULUM TO BE SHARED WITH COMMUNITY PROVIDERS Item # 16D2 AN INTERLOCAL AGREEMENT WITH THE SCHOOL DISTRICT OF COLLIER COUNTY WHEREBY THE COUNTY WILL MAKE IMPROVEMENTS THROUGH A TEMPORARY CONSTRUCTION EASEMENT AND REIMBURSE THE SCHOOL DISTRICT $12,000 FOR DESIGN OF THE PROJECT- TO SERVE THE RECREATIONAL NEEDS FOR YOUTH SPORTS AT PROPERTY LOCATED ADJACENT TO VETERAN'S MEMORIAL ELEMENTARY SCHOOL Item #16D3 A SUB RECIPIENT AGREEMENT PROVIDING A GRANT FOR EMERGENCY SHELTER GRANT (ESG) IN THE AMOUNT OF $98,012 TO THE IMMOKALEE FRIENDSHIP HOUSE FOR ESSENTIAL SERVICES AND OPERATIONAL AND ADMINISTRATIVE COSTS - PROVIDING ESSENTIAL SERVICES TO EMERGENCY SHELTER CLIENTS, LOCATED AT 602 W. MAIN STREET, IMMOKALEE, FLORIDA Page 285 September 25, 2007 Item #16D4 NAPLES WHOLESALE BAIT AS A SOLE SOURCE SUPPLIER OF LIVE BAIT FOR RESALE AT CAXAMBAS PARK AND COCOHA TCHEE RIVER PARK MARINA WITH AN ESTIMATED FISCAL YEAR 2008 EXPENDITURE OF APPROXIMATELY $125,000 AND APPROVE A SEVEN DAY PAYMENT SCHEDULE - TO OFFER LIVE BAIT FOR RESALE TO THE PATRONS OF COUNTY PARKS Item #16D5 AN AGREEMENT WITH THE AGENCY FOR HEALTH CARE ADMINISTRATION IN THE AMOUNT OF $151,095 TO BE USED AS THE LOCAL GOVERNMENT MATCH FOR STATE AND FEDERAL FUNDING TO OPERATE THE HORIZON'S PRIMARY CARE CLINIC - LOCATED AT 1755 HERITAGE TRAIL, NAPLES, FL SERVING LOW-INCOME INDIVIDUALS THROUGH SPECIAL MEDICAID PAYMENTS Item # 16D6 A SUB RECIPIENT AGREEMENT PROVIDING A COMMUNITY DEVELOPMENT BLOCK GRANT IN THE AMOUNT OF $608,575.00 TO IMMOKALEE NON-PROFIT HOUSING, INC., FOR RENOVATIONS TO THE SANDERS PINES AND TIMBER RIDGE RENTAL APARTMENT COMPLEXES IN IMMOKALEE - FOR THE REHABILITATION OF SEVENTY-FOUR (74) LOW- INCOME RENTAL UNITS IN IMMOKALEE, FLORIDA Item #16D7 - Moved to Item #lOP Page 286 September 25,2007 Item #16D8 A RESIDENTIAL LICENSE AGREEMENT FOR SUGDEN REGIONAL PARK WITH NO ANNUAL INCOME - TO ACCOMMODATE CORPORAL GENE MEEK WHO WILL SERVE AS THE ONSITE LAW ENFORCEMENT OFFICER Item #16D9 - Moved to Item #10Q Item #16DI0 A LIEN AGREEMENT WITH EAGLE RIDGE SUBDIVISION, LLC (DEVELOPER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 2, MILAGRO PLACE - IN THE AMOUNT OF $19,311.96 Item #16Dll A LIEN AGREEMENT WITH EAGLE RIDGE SUBDIVISION, LLC (DEVELOPER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT LOT 8, MILAGRO PLACE - IN THE AMOUNT OF $19,311.96 Item #16D12 A LIEN AGREEMENT WITH MARCO BAY HOMES, LLC (BUILDER) AND RACHID M. ALAOUI (DEVELOPER) FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT LOCATED AT WEST 75' OF THE WEST 150' OF TRACT 94, Page 287 September 25,2007 GOLDEN GATE ESTATES, UNIT 70 - IN THE AMOUNT OF $19,273.98 Item #16D13 A SUB RECIPIENT AGREEMENT PROVIDING FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING IN THE AMOUNT OF $357,750 TO THE COLLIER COUNTY HOUSING AUTHORITY FOR PUBLIC IMPROVEMENTS AND EXTERIOR REHABILITATION TO HOUSING UNITS AT FARM WORKER VILLAGE AND HORIZON VILLAGE, CONSISTING OF INSTALLATION OF APPROXIMATELY 42 STREET LIGHTS AND REPLACEMENT OF APPROXIMATELY 47 ROOFS Item #16D14 - Moved to Item #10N Item #16D15 THE LIBRARY LONG RANGE AND TECHNOLOGY PLANS AND THE CURRENT YEAR ACTION PLAN AND AUTHORIZING THE CHAIRMAN TO SIGN THE FY 2007-2008 STATE AID TO LIBRARIES GRANT APPLICATION PERMITTING THE COLLIER COUNTY PUBLIC LIBRARY TO APPLY FOR STATE AID TO LIBRARIES - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D16 AN AMENDED CDBG SUBRECIPIENT AGREEMENT WITH IMMOKALEE NON-PROFIT HOUSING CORPORATION, INC. TO ADJUST THE CONSTRUCTION TIMELINE AND BUDGET Page 288 September 25,2007 FOR A COMMUNITY CENTER, TO BE LOCATED IN IMMOKALEE - TO RENOVATE THE EDENFIELD HOUSE LOCATED AT 2443 SANDERS PINES CIRCLE, IMMOKALEE Item #16D17 A SUBRECIPIENT AGREEMENT PROVIDING FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING IN THE AMOUNT OF $59,001 TO THE EMPOWERMENT ALLIANCE OF SW FLORIDA (EASF) FOR INST ALLA TION OF INFRASTRUCTURE CONSISTING OF PAVING, STREET LIGHTING AND LANDSCAPING FOR A PROJECT KNOWN AS HATCHER'S PRESERVE. EASF WILL CONSTRUCT FIFTEEN (15) SINGLE-FAMILY AFFORDABLE HOUSING UNITS TO BENEFIT LOW AND MODERATE INCOME HOUSEHOLDS IN IMMOKALEE Item #16D18 - Moved to Item #10R Item #16El A BUDGET AMENDMENT TO FUND 517, GROUP HEALTH AND LIFE INSURANCE TO PAY ANTICIPATED CLAIM EXPENSES FOR THE REMAINDER OF FISCAL YEAR 2007 IN THE AMOUNT OF $955,400 Item # 16E2 A FIRST AMENDMENT TO LEASE AGREEMENT WITH CONGRESSMAN MARIO DIAZ-BALART FOR THE CONTINUED USE OF COUNTY -OWNED OFFICE SPACE FOR AN ANNUAL INCOME OF $10 - AT THE GOLDEN GATE Page 289 September 25,2007 GOVERNMENT OFFICE SATELLITE BUILDING LOCATED AT 4715 GOLDEN GATE PARKWAY Item # 16E3 AN AGREEMENT FOR SALE AND PURCHASE WITH RJS, L.L.C. FOR 30.00 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM, AT A COST NOT TO EXCEED $208,800 - FOR PROPERTY LOCATED IN THE MCIL VANE MARSH LOCATED SOUTH OF US 41 AND WEST OF COLLIER SEMINOLE STATE PARK Item # 16E4 A BUDGET AMENDMENT TO RECOGNIZE AND APPROPRIATE BUILDING MAINTENANCE SPECIAL SERVICE REVENUES TOTALING $23,971 FOR REIMBURSEMENT OF PERSONAL AND OPERATING EXPENSES IN FISCAL YEAR 2007 Item #16E5 AN INTERIM MANAGEMENT PLAN FOR THE RR LAND TRUST PROPERTY UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM; FIRST YEAR COST $100,250; ANNUAL COSTS $10,000 - AS DETAILED IN THE EXECUTIVE SUMMARY Item # 16E6 AWARD BID #07-4180 GASOLINE & DIESEL FUEL TO EVANS OIL COMPANY, IN AN ESTIMATED ANNUAL AMOUNT OF Page 290 September 25,2007 $3,000,000, AND AUTHORIZING THE CHAIRMAN TO SIGN THE STANDARD COUNTY ATTORNEY APPROVED CONTRACT - LOCATED IN NAPLES TO SERVE COLLIER COUNTY'S 1.3 MILLION GALLON ANNUAL FUEL NEED DURING NORMAL AND EMERGENCY OPERATIONS Item #16E7 RESOLUTION 2007-267: (NUMBER ISSUED BUT NOT NEEDED) DEDUCTIVE CHANGE ORDER NO.6 IN THE AMOUNT OF ($689,000.00) FOR DIRECT PURCHASE OF MATERIALS FOR THE CONSTRUCTION MANAGER AT RISK FOR THE EMERGENCY SERVICES COMPLEX, CONTRACT NO. 04-3609 Item #16E8 AN AMENDMENT TO AGREEMENT TO PROVIDE THE BIG CORKSCREW ISLAND FIRE CONTROL AND RESCUE DISTRICT $32,023 FROM THE GAC LAND TRUST FUND FOR THE PURCHASE OF A NEW CAB AND CHASSIS FOR THE LIGHTWEIGHT BRUSH P A TROL!RESCUE VEHICLE, WHICH IS THE BALANCE AFTER THE TRADE-IN VALUE OF $5,500 IS APPLIED TO THE PURCHASE PRICE Item #16E9 AN INTERIM MANAGEMENT PLAN FOR THE OETTING PROPERTY UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM; FIRST YEAR COST $9,600; RECURRING ANNUAL COSTS ARE ESTIMATED TO BE BETWEEN $500 AND $1,000 - FOR 2.28 ACRES OF PROPERTY Page 291 September 25, 2007 LOCATED WEST OF EVERGLADES BOULEVARD AND NORTH OF 60TH AVE. N.E. IN GOLDEN GATE ESTATES Item #16Fl BUDGET AMENDMENT #07-610 FOR $4,500 Item # 16F2 THREE (3) TOURIST DEVELOPMENT CATEGORY B SPONSORSHIP MARKETING GRANT APPLICATIONS AND CORRESPONDING TOURISM AGREEMENTS WITH THE FRIENDS OF ROOKERY BAY, INC. ($25,000), UNITED ARTS COUNCIL OF COLLIER COUNTY, INC. ($21,500) AND THE CONSERVANCY OF SOUTHWEST FLORIDA, INC. ($32,000) FOR A TOTAL OF $78,500 - AS DETAILED IN THE EXECUTIVE SUMMARY Item # 16F3 FIVE (5) TOURIST DEVELOPMENT C-2 GRANT APPLICATIONS AND CORRESPONDING TOURISM AGREEMENTS WITH THE MARCO ISLAND HISTORICAL SOCIETY, INC. ($125,000), NAPLES ART ASSOCIATION ($50,000), NAPLES BOTANICAL GARDEN, INC. ($110,000), NAPLES ZOO, INC. ($121,000), AND SOUTHWEST FLORIDA HOLOCAUST MUSEUM, INC. ($100,000) FOR A TOTAL OF $506,000 - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16F4 AWARD BID #07-4108R TO MULTIPLE VENDORS FOR EMS Page 292 September 25,2007 UNIFORMS FOR AN ANNUAL COST OF APPROXIMATELY $60,000 FOR FY 08 - AWARDED TO PRIDE ENTERPRISES AND RSVP LTD., INC. Item #16F5 AWARD OF RFP #07-4165 AND CORRESPONDING AGREEMENT BETWEEN COLLIER COUNTY AND PHASE V OF SOUTHWEST FLORIDA, INC. FOR TOURISM FULFILLMENT SERVICES - FOR VISITOR INFORMATION INCLUDING 24/7 TOLL FREE NUMBERS, VISITOR GUIDES, BROCHURES, STORING INFORMATION AND ASSISTANCE WITH LODGING Item #16F6 AWARD OF RFP #07-4169 AND CORRESPONDING AGREEMENT BETWEEN COLLIER COUNTY AND RESEARCH DATA SERVICES, INC. FOR TOURISM RESEARCH SERVICES - TO DRIVE MARKETING EFFORTS AND TRACK EFFECTIVENESS AT A COST OF $113,100 ANNUALLY Item #16F7 - Moved to Item #100 Item #16F8 PRE-PAYMENT OF THE CARIBBEAN GARDENS COMMERCIAL PAPER LOAN IN THE AMOUNT OF $1,565,000 Item # 16F9 PRE-PAYMENT OF THE V ANDERBIL T BEACH PARKING Page 293 September 25, 2007 GARAGE COMMERCIAL PAPER LOAN IN THE AMOUNT OF $6,400,000 Item #16Gl COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVE LOCAL ADVISORY BOARD MEMBERS AND THREE CRA STAFF ATTENDANCE AT FLORIDA REDEVELOPMENT ASSOCIATION 2007 ANNUAL CONFERENCE; AUTHORIZE PAYMENT OF ATTENDEES REGISTRATION, LODGING, TRAVEL AND PER DIEM FROM THE BA YSHORE GA TEW A Y TRIANGLE TRUST FUND (FUND 187) TRAVEL BUDGET; AND DECLARE THE TRAINING RECEIVED AS SERVING A VALID PUBLIC PURPOSE - TO BE HELD OCTOBER 23-26, 2007 AT THE HILTON OF DAYTONA BEACH, FLORIDA Item #16G2 A SITE IMPROVEMENT GRANT AGREEMENT BETWEEN THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (CRA) AND A GRANT APPLICANT WITHIN THE BA YSHORE GA TEW A Y TRIANGLE COMMUNITY REDEVELOPMENT AREA - LOCATED AT 2613 LAKEVIEW DRIVE) Item #16Hl COMMISSIONER HALAS' REQUEST FOR BOARD APPROVAL FOR REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDING THE SOUTHWEST FLORIDA ECONOMIC DEVELOPMENT LUNCHEON FORUM, ENTITLED, "GAUGING Page 294 September 25,2007 THE GLOBAL, NATIONAL AND REGIONAL ECONOMY", ON THURSDAY, OCTOBER 18,2007, AT THE HARBORSIDE EVENT CENTER IN FT. MYERS, FLORIDA. $75.00 TO BE PAID FROM COMMISSIONER HALAS' TRAVEL BUDGET Item # 16H2 COMMISSIONER HALAS' REQUEST FOR BOARD APPROVAL FOR REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. COMMISSIONER WILL ATTEND THE BLUE CHIP RECOGNITION BREAKFAST ON THURSDAY, NOVEMBER 8, 2007 AT THE HILTON NAPLES & TOWERS. $10.00 TO BE PAID FROM COMMISSIONER HALAS' TRAVEL BUDGET Item # 16H3 COMMISSIONER HALAS REQUESTS' FOR BOARD APPROVAL FOR REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. ATTENDING UNITED WAY'S 50TH ANNIVERSARY CELEBRATION ON SATURDAY, OCTOBER 13, 2007 AT THE HILTON NAPLES. $103.90 TO BE PAID FROM COMMISSIONER HALAS' TRAVEL BUDGET - LOCATED AT 5111 TAMIAMI TRAIL NORTH, NAPLES Item #16H4 COMMISSIONER FIALA'S REQUEST FOR BOARD APPROVAL FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. WILL ATTEND THE COLLIER COUNTY BAR ASSOCIATION SECOND DISTRICT Page 295 September 25, 2007 COURT OF APPEAL DINNER ON THURSDAY, OCTOBER 4, 2007 AT THE PORT ROYAL CLUB, NAPLES; $60.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - LOCATED AT 2900 GORDON DRIVE, NAPLES Item # 16H5 COMMISSIONER FIALA'S REQUEST FOR BOARD APPROVAL FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. WILL ATTEND THE NAACP 25TH ANNUAL FREEDOM FUND DINNER ON SATURDAY, SEPTEMBER 29, 2007, AT THE NAPLES HILTON & TOWERS; $75.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - LOCATED AT 5111 T AMIAMI TRAIL NORTH, NAPLES Item #16H6 COMMISSIONER FIALA'S REQUEST FOR BOARD APPROVAL FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. WILL ATTEND THE UNITED WAY'S 50 YEARS SERVING COLLIER COUNTY DINNER ON SATURDAY, OCTOBER 13,2007, AT THE NAPLES HILTON & TOWERS; $103.90 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - LOCATED AT 5111 TAMIAMI TRAIL NORTH, NAPLES Item # 16H7 COMMISSIONER FIALA'S REQUEST FOR BOARD APPROVAL FOR REIMBURSEMENT FOR ATTENDING A FUNCTION SERVING A VALID PUBLIC PURPOSE. WILL ATTEND THE Page 296 September 25, 2007 BLUE CHIP RECOGNITION BREAKFAST ON THURSDAY, NOVEMBER 8,2007, AT THE NAPLES HILTON & TOWERS; $10.00 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET - LOCATED AT 5111 TAMIAMI TRAIL NORTH, NAPLES Item #1611 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED: The following miscellaneous correspondence, as presented by the Board of County Commissioners, has been directed to the various departments as indicated: Page 297 / \\0 'Y BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE September 25, 2007 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: (1) Tuscany Reserve Community Development District: FY08 Meeting Schedule; District Map. (2) South Florida Water Manaqement District: 2007 Governing Board Meeting Dates; Comprehensive Annual Financial Report FY06; Management Letter B. Minutes: (1) Immokalee Local Redevelopment Advisory Board: Minutes of June 20, 2007. (a). Immokalee Enterprise Zone Development Agency: Minutes of June 20, 2007. (b). Immokalee Master Plan and Visioning Committee: Minutes of June 20. 2007; Minutes of August 1, 2007. (2) Collier County Historical/Archeoloqical Preservation Board: Agenda for August 29,2007; Minutes of July 18,2007. (3) Collier County Planninq Commission: Revised Agenda for September 6, 2007; Agenda for September 6, 2007; Minutes of SPECIAL SESSION of July 19, 2007; Minutes of regular meeting of July 19, 2007; Minutes of SPECIAL SESSION of July 25,2007 (4) Collier County Public Vehicle Advisory Committee: Agenda for September 10, 2007. H:\DA T A \FRONT DESK - 2007\2007 Miscellaneous Correspondence\O 1 0907_ mise _ corr.doc (5) Lely Golf Estates Beautification MSTU: Agenda for September 20, 2007; Minutes of August 16, 2007. (6) Conservation Collier Land Acquisition Advisory Committee Agenda for September 10,2007. (7) Golden Gate MSTU Advisory Committee: Agenda for September 11, 2007; Minutes of August 14, 2007. (8) Collier County Citizens Corps Advisory Committee: Minutes and Agenda of July 18, 2007. (9) Forest Lakes Roadway and Drainaqe MSTU Advisory Committee: Agenda for September 12, 2007; Meeting of August 8, 2007 cancelled due to lack of quorum. (10) Emerqency Medical Services Advisory Council: Minutes of August 22, 2007. (11) Collier County Library Advisory Board: Agenda for August 22, 2007 - cancelled due to no quorum; Minutes of June 27, 2007 regular meeting; Minutes of June 27, 2007 Annual Meeting. (12) Environmental Advisory Council:Agenda for September 5,2007; Minutes of August 1, 2007. (13) Pelican Bay Services Division: Minutes of August 15, 2007; Agenda of September 5, 2007; Minutes of August 1, 2007 (a) Clam Bay Committee: Minutes of August 15, 2007. (14) Collier County Domestic Animal Services Advisory Committee: Minutes of August 21, 2007. C. Other: (1) Fire Steerinq Committee: Agenda for August 23, 2007; Minutes of July 26, 2007; Minutes of June 28, 2007. H:\DA T A \FRONT DESK - 2007\2007 Miscellaneous Correspondence\Ol 0907_ mise _ corr.doc (2) BCC/City of Naples/East Naples Fire Control & Rescue District Minutes of August 10, 2007 Collier Commerce Park Annexation. H:\DA T A \FRONT DESK - 2007\2007 Miscellaneous Correspondence\O 1 0907 mise corr.doc - - September 25,2007 Item # 1611 DESIGNATE THE SHERIFF AS THE OFFICIAL APPLICANT AND PROGRAM POINT -OF -CONTACT FOR A FLORIDA PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS (PSIC) GRANT APPLICATION, ACCEPT THE GRANT WHEN AWARDED, AND APPROVE APPLICABLE BUDGET AMENDMENTS - FOR ENHANCING VOICE, DATA AND/OR VIDEO SIGNALS Item # 16J2 DISBURSEMENTS FOR THE PERIOD OF AUGUST 25, 2007 THROUGH AUGUST 31, 2007 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item # 1613 DISBURSEMENTS FOR THE PERIOD OF SEPTEMBER 1, 2007 THROUGH SEPTEMBER 7,2007 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J4 DISBURSEMENTS FOR THE PERIOD OF SEPTEMBER 8, 2007 THROUGH SEPTEMBER 14, 2007 AND FOR SUBMISSION INTO THE OFFICIAL RECORDS OF THE BOARD Item #16J5 REFUND OF $12,296.94 TO FIVE (5) VENDORS PROVIDING FOOD AND DRINK CONCESSIONAIRE SERVICES AT SEVEN Page 298 September 25,2007 (7) PARKS AND LIBRARY LOCATIONS - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16K1 A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $40,400.00 FOR THE ACQUISITION OF PARCEL 120 IN THE LAWSUIT STYLED COLLIER COUNTY V NAPLES ESTATES LIMITED PARTNERSHIP, AN OREGON LIMITED PARTNERSHIP, ET AL., CASE NO. 06-1213-CA (COUNTY BARN ROAD PROJECT NO. 60101). FISCAL IMPACT: $3500.00 Item #16K2 COUNTY ATTORNEY TO FILE A LAWSUIT, ON BEHALF OF THE COLLIER COUNTY BOARD OF COMMISSIONERS, AGAINST FRANCISCO J GUERRERO, JR., IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, TO RECOVER REPAIR COSTS INCURRED IN THE APPROXIMATE AMOUNT OF $3,900.00 Item #16K3 COUNTY ATTORNEY TO FILE A LAWSUIT, ON BEHALF OF THE COLLIER COUNTY BOARD OF COMMISSIONERS, AGAINST GERALDINE FRANCOIS., IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, TO RECOVER REPAIR COSTS INCURRED IN THE APPROXIMATE AMOUNT OF $19,500.00 Item #16K4 Page 299 September 25, 2007 COUNTY ATTORNEY TO FILE A LAWSUIT, ON BEHALF OF THE COLLIER COUNTY BOARD OF COMMISSIONERS, AGAINST JIMMY OAKLEY AND/OR ANTHONY RHON PIERCE, IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, TO RECOVER REPAIR COSTS INCURRED IN THE APPROXIMATE AMOUNT OF $4,400.00 Item # 16K5 A STIPULATED FINAL JUDGMENT FOR PARCEL 803 IN THE LAWSUIT STYLED COLLIER COUNTY V JAMES M. BROWN, ET AL., CASE 06-0525-CA (SANTA BARBARA BOULEVARD PROJECT NO. 62081). (FISCAL IMPACT $8,396.91) Item # 16K6 SETTLEMENT AT MEDIATION AND PRIOR TO TRIAL IN THE LAWSUIT ENTITLED TRUGREEN LANDCARE, L.L.c. Vs. COLLIER COUNTY FILED IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, CASE NO. 07-0239-CA, FOR $67,500.00 Item #16K7 SETTLEMENT PRIOR TO COMMENCEMENT OF DISCOVERY IN THE LAWSUIT ENTITLED COLLIER COUNTY V OCEAN GATE GENERAL CONTRACTORS, INC. AND FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FILED IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, CASE NO. 07-0704-CC, IN THE AMOUNT OF $7,470.40 Page 300 September 25, 2007 Item #17A RESOLUTION 2007-268: PETITION AVROW-2005-AR-7801, DISCLAIMING, RENOUNCING AND V ACA TING THE COUNTY'S AND THE PUBLIC'S INTEREST IN A 60 FOOT WIDE RIGHT-OF-WAY EASEMENT, KNOWN AS 12TH STREET NORTH (PREVIOUSLY KNOWN BY RECORD PLAT AS SECOND AVENUE) AS RECORDED IN PLAT BOOK 3, PAGE 12, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT A AND TO ACCEPT A DRAINAGE EASEMENT OVER THE ENTIRE VACATED AREA COMPRISED OF THREE SEP ARA TE AND SEGMENTED DRAINAGE EASEMENTS, AS DEPICTED AND DESCRIBED IN EXHIBIT B, EXHIBIT C AND EXHIBIT D AND A 20 FOOT WIDE ACCESS EASEMENT ALONG THE WEST 20 FEET OF THE EAST 30 FEET OF THE PROPOSED VACATION AREA, AS DEPICTED AND DESCRIBED IN EXHIBIT E Item #17B RESOLUTION 2007-269: PETITION A VESMT-2007-AR-11923, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A PLATTED DRAINAGE EASEMENT OVER TRACT 1, CAROLINA COMMONS, A SUBDIVISION AS RECORDED IN PLAT BOOK 48, PAGES 78 AND 79 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE SPECIFICALLY DESCRIBED IN EXHIBIT A. Page 301 September 25, 2007 Item #17C RESOLUTION 2007-270: PETITION PUDEXT-2007-AR-11781: PROPERTY IS APPROXIMATELY 6.83 ACRES LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF GOLDEN GATE P ARKW A Y AND SANTABARBARA BOULEVARD. IT WAS APPROVED AS A COMMERCIAL PLANNED UNIT DEVELOPMENT KNOWN AS THE COLONNADES AT SANTA BARBARA ON MAY 25, 2004. THE PUD IS WITHIN THE COMMERCIAL INFILL SUBDISTRICT ON THE GOLDEN GATE ESTATES FUTURE LAND USE MAP. IN ACCORDANCE WITH LAND DEVELOPMENT CODE (LDC) POLICIES, THE PUD SUN-SETTED ON MAY 25,2007. THE PETITION SEEKS ONE TWO-YEAR EXTENSION OF THE EXISTING PUD. THE PUD MEETS THE CRITERIA WITHIN SECTION 10.02.13D.6B OF THE LDC Item #17D RESOLUTION 2007-271: AMENDING EFFLUENT IRRIGATION (REUSE) CUSTOMER RATES, WHICH ARE SCHEDULE THREE OF APPENDIX A TO SECTION FOUR OF COLLIER COUNTY ORDINANCE NO. 2001-73, TITLED THE COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE Item #17E - Moved to Item #8B Page 302 September 25, 2007 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:36 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL\ ~4t JIM C ETTA, Chairman ATTEST: DWIGHT E. BROCK, CLERK ~: ~ .I~~~l. Iitnltuf't 011, These minutes approved by the Board on ID-a-~-WOI , as presented ~ or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY TERRI LEWIS. Page 303